Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1808-04-29 00:00:00

Berkeley and Jefferson Intelligencer.
[No. 49 of Volume IX.]
FRIDAY, April 29, 1808.
[Whole No. 465.]
CORRESPONDENCE BETWEEN Mr. MADISON and Mr. ROSE, On the subject of the attack on the Chesapeake.
Washington, January 26th, 1808.
SIR,
HAVING had the honor to state to you, that I am expressly precluded by my instructions from entering into any negotiation for the adjustment of the differences arising from the encounter of his majesty's ship Leopard and the frigate of the United States, the Chesapeake, as long as the proclamation of the President of the United States, of the 2d of July, 1807, shall be in force, I beg leave to offer you such farther explanation of the nature of that condition, as appears to me calculated to place the motives, under which it has been enjoined to me thus to bring it forward in their true light.
In whatever spirit that instrument was issued, it is sufficiently obvious, that it has been productive of considerable prejudice to his majesty's interest as confided to his military and other servants in the United States, to the honor of his flag, and to the privileges of his ministers accredited to the American government. From the operation of this proclamation have unavoidably resulted effects of retaliation, and self assumed redress, which might be held to affect materially the question of the reparation due to the U. S. especially in as much as its execution has been persevered in after the knowledge of his majesty's early, unequivocal, and unsolicited disavowal of the unauthorised act of admiral Berkeley,—his disclaimer of the pretension exhibited by that officer to search the national ships of a friendly power for deserters, and the assurances of prompt and effectual reparation, all communicated without loss of time, to the minister of the U. S. in London, so as not to leave a doubt to his majesty's just and amicable intentions. But his majesty's making every allowance for the irritation which was excited, and the misapprehensions which existed, has authorised me to proceed in the negotiation upon the sole discontinuance of measures of so inimical a tendency.
You are aware sir, that any delay, which may have arisen in the adjustment of the present difference, is not imputable to an intention of procrastination on the part of his majesty's government; on the contrary, its anxiety to terminate as expeditiously as possible the discussion of a matter so interesting to both nations, has been evinced by the communication made by Mr. Secretary Canning to Mr. Munroe, before that minister of the U. States was informed of the encounter, and now by the promptitude with which it has dispatched a special mission to this country, for that express purpose.
I can have no difficulty in stating anew to you, with respect to the provisions of my instructions, calculated as they are to insure an honourable adjustment to the important points in question, and to remove the impressions, which the late cause of difference may have excited in the minds of this nation, that I am authorised to express my conviction, that they are such as will enable me to terminate the negotiation amicably and satisfactorily.
Having learnt from you, sir, that it is solely as a measure of precaution, the provisions of the proclamation are now enforced, I must persuade myself, that a due consideration of his majesty's conduct in this transaction, will remove as well as any misapprehensions which may be entertained respecting his majesty's dispositions towards the United States, as the grounds upon which that enforcement rests, and the more so, as it has long been a matter of notoriety, that the orders issued to the officers of his majesty's navy, in his proclamation of the 16th of October, 1807, afforded ample security, that no attempt can again be made to assert a pretension, which his majesty from the first disavowed.
I may add, that if his majesty has not commanded me to enter into the discussion of the other causes of complaint, stated to arise from the conduct of his naval commanders in these seas, prior to the encounter of the Leopard and the Chesapeake, it was because it has been
deemed improper to mingle them, whatever may be their merits, with the present matter, so much more interesting and important in its nature; an opinion originally and distinctly expressed by Mr. Munroe, and assented to by Mr. Secretary Canning. But if, upon this more recent and more weighty matter of discussion, upon which the proclamation mainly and materially rests, his majesty's amicable intentions are unequivocally evinced, it is sufficiently clear, that no hostile disposition can be supposed to exist on his part, nor can any views be attributed to his government, such as requiring to be counteracted by measures of precaution, could be deduced from transactions which preceded that encounter.
In offering these elucidations, I should observe, that the view in which I have brought forward the preliminary, I have specified, is neither as to demand concession or redress, as for a wrong committed; into such the claim to a discontinuance of hostile provisions cannot be construed: But it is simply to require a cessation of enactments injurious in their effects and which, if persisted in, especially after these explanations, must evince a spirit of hostility, under which his majesty could not authorise the prosecution of the present negotiation, either consistently with his own honor, or with any well founded expectation of the renewal or duration of that good understanding between the two countries, which it is equally the interest of both to foster and to ameliorate.
I have the honor to be, with the highest consideration, Sir your most obedient and humble servant, (Signed) G. H. ROSE.
From Mr. MADISON to Mr. ROSE. (COPY)
Department of State, March 5, 1808. SIR,
I have had the honor to receive and lay before the President, your letter of the 26th of January, in which you state that you are "expressly precluded by your instructions from entering upon any negotiation for the adjustment of the differences arising from the encounter of his Britannic majesty's ship Leopard, and the frigate of the U. States Chesapeake, as long as the proclamation of the President of the 2d of July, 1807, shall be in force."
The demand, sir, might justly suggest the simple answer, that before the proclamation of the President could become a subject of consideration, satisfaction should be made for the acknowledged aggression which preceded it. This is evidently agreeable to the order of time, to the order of reason, and, it might be added, to the order of usage, as maintained by Great Britain whenever in analogous cases she has been the complaining party.
But as you have subjoined to the preliminary demand, certain explanations, with a view doubtless to obviate such an answer, it will best accord with the candor of the President, to meet them with such a review of the whole subject, as will present the solid grounds on which he regards such a demand as inadmissible.
I begin with the occurrences from which the proclamation of July 2d, resulted. These are in general terms referred to, by the instrument itself. A more particular notice of the most important of them, will here be in place.
Passing over then, the habitual, but minor irregularities of his Britannic Majesty's ships of war, in making the hospitalities of our ports subservient to the annoyance of our trade, both outward and inward, a practice not only contrary to the principles of public law, but expressly contrary to British ordinances enforced during maritime wars, to which she bore a neutral relation, I am constrained, unwelcome as the task is, to call your attention to the following more prominent instances.
In the summer of the year 1804, the British frigate the Cambrian, with other cruizers in company, entered the harbor of New-York. The commander, captain Bradley, in violation of the port laws, relating both to health and revenue, caused a merchant vessel, just arrived, and confessedly within the limits and under the authority of the United States, to be boarded by persons under
his command, who, after resisting the officers of the port, in the legal exercise of their functions, actually impressed and carried off a number of seamen and passengers into the service of the ships of war. On an appeal to his voluntary respect for the laws, he first failed to give up the offender to justice, and finally repelled the officer charged with the regular process for the purpose.
This procedure was not only a flagrant insult to the sovereignty of the nation, but an infraction of its neutrality also, which did not permit a belligerent ship thus to augment its force within the neutral territory.
To finish the scene, this commander went so far as to declare, in an official letter to the minister plenipotentiary of his Britannic majesty, and by him communicated to this government, that he considered his ship, whilst lying in the harbour of New-York, as having dominion around her, within the distance of her guns.
All these circumstances being duly made known to the British government in just expectation of honorable reparation. None has ever been offered, capt. Bradley was advanced from his frigate to the command of a ship of the line.
At a subsequent period, several British frigates under the command of capt. Whitby, of the Leander, pursuing the practice of vexing the inward and outward trade of our ports, and hovering for that purpose about the entrance of that of New-York, closed a series of irregularities, with an attempt to arrest a coasting vessel, on board of which an American citizen was killed by a cannon ball which entered the vessel, whilst within less than a mile from the shore.
The blood of a citizen thus murdered in a trade from one to another port of his own country, and within the sanctuary of its territorial jurisdiction, could not fail to arouse the sensibility of the public, and to make a solemn appeal to the justice of the British government. The case was presented moreover to that government by this, in the accent which it required; and with due confidence that the offender would receive the exemplary punishment which he deserved. That there might be no failure of legal proof of a fact sufficiently notorious of itself, unexceptionable witnesses to establish it, were sent to Great-Britain at the expense of the United States.
Captain Whitby was, notwithstanding honorably acquitted; no animadversion took place on any other officer belonging to the squadron; nor has any apology or explanation been made since the trial was over, as a conciliatory offering to the disappointment of this country at such a result.
A case of another character occurred in the month of September, 1806.—The Impetueux, a French ship of 74 guns, when aground within a few hundred yards of the shore of North Carolina, and therefore visibly within the territorial jurisdiction and hospitable protection of the United States, was fired upon, boarded and burnt, from three British ships of war, under the command of Captain Douglas. Having completed this outrage on the sovereignty and neutrality of the U. S. the British commander felt no scruple in proceeding thence, into the waters near Norfolk, nor in the midst of the hospitalities enjoyed by him, to add to what had passed, a refusal to discharge from his ships, impressed citizens of the U. S. not denied to be such, on the plea, that the government of the U. S. had refused to surrender to the demand of Admiral Berkeley, certain seamen, alleged to be British deserters—a demand which it is well understood, your government disclaims any right to make.
It would be very superfluous to dwell on the features which mark the aggravated insult. But I must be permitted to remind you, that in so serious a light, was a similar violation of neutral territory by the destruction of certain French ships on the coast of Portugal, by a British squadron under the command of Admiral Boscawen, regarded by the court of Great-Britain, that a minister extraordinary was dispatched for the express purpose of expiating the aggression on the sovereignty of a friendly power.
Lastly presents itself, the attack by the British ship of war Leopard, on the American frigate Chesapeake, a case too familiar in all its circumstances to need a recital of any part of them. It is sufficient to remark, that the conclusive evidence, which this event added to that which had preceded, of the uncontrolled excesses of the British naval commanders, in insulting our sovereignty, and abusing our hospitality, determined the President to extend to all British armed ships, the precaution heretofore applied to a few by name, interdicting to them the use and privileges of our harbours and waters.
This was done by his proclamation of July 2d, 1807, referring to the series of occurrences ending with the aggression on the frigate Chesapeake, as the considerations requiring it. And if the apprehension from the licentious spirit of the British Naval commanders, thus developed and uncontrolled, which led to this measure of precaution, could need other justification than was afforded by what had passed, it would be amply found in the subsequent conduct of the ships under the command of the same capt. Douglas.
This officer, neither admonished by reflections on the crises produced by the attack on the Chesapeake, nor controlled by respect for the law of nations, or the laws of the land, did not cease within our waters to bring to, by firing at vessels pursuing their regular course of trade and in the same spirit which had displayed itself in the recent outrage committed on the American Frigate, he not only indulged himself in hostile threats, and indications of a hostile approach to Norfolk, but actually obstructed our citizens in the ordinary communication between that and neighboring places. His proceedings constituted in fact, a blockade of the port, and as real invasion of the country, according to the extent of his force, as if troops had been debarked, and the town besieged on the land side.
Was it possible for the chief magistrate of a nation, who felt for its rights and its honor, to do less than interpose some measure of precaution, at least against the repetition of enormities which had been so long uncontrolled by the government, whose officers had committed them, and which had at last taken the exorbitant shape of hostility and of insult seen in the attack on the frigate Chesapeake? Candor will pronounce that less could not be done; and it will as readily admit that the proclamation comprising that measure, could not have breathed a more temperate spirit, nor spoken a becoming tone. How far it has received from those, whose instructions it prohibited, the respect due to the national authority, or been made the occasion of new indignities, needs no explanation.
The President having interposed this precautionary interdict, lost no time in instructing the minister plenipotentiary of the U. States, to represent to the British government the signal aggression which had been committed on their sovereignty and their flag, and to require satisfaction due for it; indulging the expectation that his Britannic majesty would at once perceive it to be the truest magnanimity, as well as the strictest justice, to offer that prompt and full expiation of an acknowledged wrong which would establish and improve, both in fact and in feeling, the state of things which it had violated.
This expectation was considered as not only honorable to the sentiments of his majesty, but was supported by known examples, in which, being the complaining party, he had required and obtained, as a preliminary to any counter complaints whatever, a precise replacement of things, in every practicable circumstance, in the pre-existing situation.
Thus in the year 1764, Bermudians and other British subjects, who had according to annual custom, taken possession of Turk's island for the season of making salt, having been forcibly removed with their vessels and effects by a French detachment from the island of St. Domingo, to which Turk's island was alleged to be an appurtenance, the British ambassador at Paris, in pursuance of instructions from his govern-

ment, demanded as a satisfaction for the violence committed, that the proceedings should be disavowed, the intention of acquiring Turk's island disclaimed, orders given for the immediate abandonment of it on the part of the French, every thing restored to the condition in which it was at the time of the aggression, and reparation made of the damages which any British subjects should be found to have sustained, according to an estimation to be settled between the governors of St. Domingo and Jamaica. A compliance with the whole of this demand was the result.
Again:—In the year 1789, certain English merchants having opened a trade at Nootka sound, on the north west coast of America, attempted a settlement at that place, the Spaniards who had long claimed that part of the world as their exclusive property, dispatched a frigate from Mexico, which captured the two English vessels engaged in the trade, and broke up the settlement on the coast. The Spanish government was the first to complain, in this case, of the intrusions committed by the British merchants. The British government, however, demanded that the vessels taken by the Spanish frigate should be restored, and adequate satisfaction granted, previous to other discussions.
This demand prevailed; the Spanish government agreeing to make full restoration of the captured vessels, and to indemnify the parties interested in them for the losses sustained. They restored also the buildings and tracts of land, of which the British subjects had been dispossessed. The British, however, soon gave proof of the little value they set on the possession, by a voluntary dereliction, under which it has since remained.
The case which will be noted last, though of a date prior to the case of Nootka sound, is that of Falkland's islands. These islands lie about 100 leagues eastward of the straits of Magellan. The title to them had been a subject of controversy among several of the maritime nations of Europe. From the position of the islands, and other circumstances, the pretension of Spain bore an advantageous comparison with those of her competitors. In the year 1770, the British took possession of Port Egmont, in one of the islands; the Spaniards being at the time in possession of another part, and protesting against a settlement by the British. The protest being without effect, ships and troops were sent from Buenos Ayres, by the governor of that place, which forcibly dispossessed and drove off the British settlers.
The British government looking entirely to the dispossession by force, demanded as a specific condition of preserving harmony between the two courts, not only the disavowal of the Spanish proceeding; but that the affairs of that settlement should be immediately restored to the precise state in which they were previous to the act of dispossession. The Spanish government made some difficulties; requiring, particularly a disavowal on the part of Great-Britain, of the conduct of her officer at Falkland's islands, which, it was alleged, gave occasion to the steps taken by the Spanish governor; and proposing an adjustment by mutual stipulations in the ordinary form.
The reply was, that the moderation of his Britannic majesty having limited his demand to the smallest reparation he could accept for the injury done, nothing was left for discussion but the mode of carrying the disavowal and restitution into execution; reparation loses its value if it be conditional , and to be obtained by any stipulation whatever from the party injured.
The Spanish government yielded. The violent proceedings of its officers were disavowed. The fort, the port, and every thing else were agreed to be immediately restored to the precise situation which had been disturbed; and duplicates of orders issued for the purpose to the Spanish officers, were delivered into the hands of one of the British principal secretaries of state. Here again it is to be remarked, that satisfaction having been made for the forcible dispossession, the islands lost their importance in the eyes of the British government, were in a short time finally evacuated, and Port Egmont remains with every other part of them in the hands of Spain.
Could stronger pledges have been given, than are here found, that an honorable and instant reparation would be made in cases, differing no otherwise from those settled, than as it furnished to the same monarch of a great nation, an opportunity to prove, that adhering always to the same immutable principle
he was as ready to do right to others, as to require it for himself.
Returning to the instructions given to the minister plenipotentiary of the United States at London, I am to observe, that the President thought it just and expedient to insert, as a necessary ingredient in the adjustment of the outrage committed on the American frigate, a security against the future practice of British naval commanders, in impressing from merchant vessels of the United States on the high seas, such of their crews as they might undertake to denominated British subjects.
To this association of the two subjects the President was determined, 1st, by his regarding both as resting on kindred principles, the immunity of private ships, with the known exceptions made by the law of nations being as well established as that of public ships; and there being no pretext for including in these exceptions the impressment (if it could be freed from its enormous and notorious abuses) of the subjects of a belligerent, by the officers of that belligerent. The rights of a belligerent, against the ships of a neutral nation, accrue merely from the relation of the neutral to the other belligerent, as in conveying to him contraband of war, or in supplying a blockaded port.
The claim of a belligerent to search for, and seize on board neutral vessels on the high seas, persons under his allegiance, does not therefore rest on any belligerent right under the law of nations, but on a prerogative derived from municipal law; and involves the extravagant supposition, that one nation has a right to execute at all times, and in all cases, its municipal laws and regulations, on board the ships of another nation, not being within its territorial limits.
The President was led to the same determination, 2dly, by his desire of converting a particular incident, into an occasion for removing another and more extensive source of danger to the harmony of the two countries—And 3dly, by his persuasion that the liberality of the propositions authorised with this view, would not fail to induce the ready concurrence of his B. majesty; and that the more extensive source of irritation and perplexity being removed, a satisfactory adjustment of the particular incident would be the less difficult. The President still thinks that such would have been the tendency of the mode for which he had provided; and he cannot therefore but regret, that the door was shut against the experiment, by the peremptory refusal of Mr. Canning to admit it into discussion, even in the most informal manner, as was suggested by Mr. Monroe.
The President felt greater regret as the step he had taken towards a more enlarged and lasting accommodation became thus a bar to the adjustment of the particular and recent aggression which had been committed against the United States. He found, however, an alleviation, in the signified purpose of his Britannic majesty, to charge with this adjustment a special mission to the U. States, which, restricted as it was, seemed to indicate a disposition from which a liberal and conciliatory arrangement of one great object at least might be confidently expected.
In this confidence, your arrival was awaited with every friendly solicitude—and our first interview having opened the way, by an acquiescence in the separation of the two cases insisted on by his Britannic majesty, notwithstanding the strong ground on which they had been united by the President, it was not to be doubted that a tender of the satisfaction claimed by the United States, for a distinguished and an acknowledged insult, by one of his officers, would immediately follow.
It was not, therefore, without a very painful surprize, that the error of this expectation was discovered. Instead of the satisfaction due from the original aggression, it was announced that the first step towards the adjustment must proceed from the party injured; and your letter now before me, formally repeats, that as long as the proclamation of the President, which issued on the 2d of July, 1807, shall be in force it will be an insuperable obstacle to a negotiation, even on the subject of the aggression which preceded it, in other words, the proclamation must be put out of force, before an adjustment of the aggression can be taken into discussion.
In explaining the grounds of this extraordinary demand, it is alleged to be supported by the consideration that the proceeding and pretension of the offending officer has been disavowed: that general assurances are given of a disposition and intention in his Britannic majes-
ty to make satisfaction; that a special minister was dispatched with promptitude for the purpose of carrying into effect this disposition; and that you have a personal conviction that the particular terms, which you are not at liberty to disclose, will be deemed by the U. States satisfactory.
With respect to the disavowal, it would be unjust not to regard it as a proof of candor and amity towards the U. States, and as some presage of the voluntary reparation which it implies to be due. But the disavowal can be the less confounded with the reparation itself; since it was sufficiently required by the respect which G. Britain owed to her own honor; it being impossible that an enlightened government, had hostility been meditated, would have commenced it in such a manner, and in the midst of existing professions of peace and friendship. She owed it also to consistency with a disavowal on a former occasion, in which the pretension had been enforced by a British squadron, against the sloop of war Baltimore, belonging to the United States; and finally to the interest which G. Britain has, more than any other nation in disclaiming a principle which would expose her superior number of ships of war to so many indignities from interior navies.
As little can the general assurances that reparation would be made, claim a return which could properly follow the actual reparation only. They cannot amount to more than a disposition, or at most a promise to do what the aggressor may deem a fulfilment of his obligation. They do not prove even a disposition to do what may be satisfactory to the injured party, who cannot have less than an equal right to decide on the sufficiency of the redress.
In dispatching a special minister for the purpose of adjusting the difference, the United States ought cheerfully to acknowledge all the proof it affords on the part of his Britannic majesty of his pacific views towards them, and of his respect for their friendship. But whilst they could not, under any circumstances, allow to the measure more than a certain participation in an honorable reparation, it is to be recollected that the avowed and primary object of the mission was to substitute for the more extended adjustment proposed by the United States, at London, a separation of the subjects as preferred by his Britannic majesty, and you well know, sir, how fully this object was accomplished.
With respect to the personal conviction which you have expressed, that the terms which you decline to disclose would be satisfactory to the United States, it is incumbent on me to observe that with the highest respect for your judgment and the most perfect confidence in your sincerity, an insuperable objection manifestly lies, to the acceptance of a personal and unexplained opinion, in place of a disclosure which would enable this government to exercise its own judgment in a case affecting so essentially its honor and its rights. Such a course of proceeding would be without example; and there can be no hazard in saying that one will never be afforded by a government which respects itself as much as yours justly does; and therefore can never be reasonably expected from one which respects itself as much as this has a right to do.
I forbear, sir, to enlarge on the intrinsic incongruity of the expedient proposed. But I must be allowed to remark, as an additional admonition of the singular and mortifying perplexity in which a compliance might involve the president, that there are in the letter of Mr. Canning, communicating to Mr. Monroe the special mission to the United States, pregnant indications that other questions and conditions may have been contemplated which would be found utterly irreconcilable with the sentiments of this nation.
If neither any nor all of these considerations can sustain the preliminary demand made in your communication, it remains to be seen whether such a demand rests with greater advantage on the more precise ground on which you finally seem to place it.
The proclamation is considered as a hostile measure, and a discontinuance of it as due to the discontinuance of the aggression which led to it.
It has been sufficiently shown that the proclamation, as appears on the face of it, was produced by a train of occurrences terminating in the attack on the American frigate, and not by this last alone. To a demand therefore that the proclamation be revoked, it would be perfectly fair to oppose a demand that redress be first given for the numerous irregularities which preceded the ag-
gression on the American frigate, as well as for this particular aggression, and that effectual controul be interposed against repetitions of them. And as no such redress has been given for the past, notwithstanding the lapse of time which has taken place, nor any such security for the future, notwithstanding the undiminished reasonableness of it, it follows, that a continuance of the proclamation would be consistent with an entire discontinuance of one only of the occurrences from which it proceeded.
But it is not necessary to avail the argument of this view of the case, although of itself entirely conclusive. Had the proclamation been founded on the single aggression committed on the Chesapeake, and were it admitted that the discontinuance of that aggression merely, gave a claim to the discontinuance of the proclamation, the claim would be defeated by the incontestible fact, that that aggression has not been discontinued.
It has never ceased to exist; and is in existence at this moment. Need I remind you, sir, that the seizure and asportation of the seamen belonging to the crew of the Chesapeake, entered into the very essence of that aggression, that with an exception of the victim to a trial forbidden by the most solemn considerations, and greatly aggravating the guilt of its author, the seamen in question are still retained, and consequently that the aggression, if in no other respect, is by that act alone continued and in force?
If the views which have been taken of the subject have the justness which they claim, they will have shown that on no ground whatever can an annulment of the proclamation of July 2d, be reasonably required, as a preliminary to the negotiation with which you are charged. On the contrary, it clearly results, from a recurrence to the causes and object of the proclamation, that, as was at first intimated, the strongest sanctions of Great-Britain herself, would support the demand, that previous to a discussion of the proclamation, due satisfaction should be made to the United States; that this satisfaction ought to extend to all the wrongs which preceded and produced that act; and that even limiting the merits of the question to the single relation of the proclamation to the wrong committed in the attack on the American frigate, and deciding the question on the principle that a discontinuance of the latter required of right a discontinuance of the former, nothing appears that does not leave such a preliminary destitute of every foundation which could be assumed for it.
With a right to draw this conclusion, the President might have instructed me to close this communication, with the reply stated in the beginning of it; and perhaps in taking this course, he would only have consulted a sensibility, to which most governments would, in such a case, have yielded. But adhering to the moderation by which he has been invariably guided, and anxious to rescue the two nations from the circumstances, under which an abortive issue to your mission necessarily places them, he has authorised me, in the event of your disclosing the terms of reparation which you believe will be satisfactory, and on its appearing that they are so, to consider this evidence of justice of his Britannic majesty as a pledge for an effectual interposition with respect to all the abuses against a recurrence of which the proclamation was meant to provide, and to proceed to concert with you a revocation of that act bearing the same date with the act of reparation to which the United States are entitled.
I am not unaware, sir, that according to the view which you appear to have taken of your instructions, such a course of proceeding has not been contemplated by them. It is possible, nevertheless, that a re-examination, in a spirit, in which I am well persuaded it will be made, may discover them to be not inflexible to a proposition, in so high a degree liberal and conciliatory. In every event, the President will have manifested his willingness to meet your government on a ground of accommodation, which spares to its feelings, however misapplied he may deem them, every concession, not essentially due to those which must be equally respected, and consequently will have demonstrated that the very ineligible posture given to so important a subject in the relations of the two countries, by the unsuccessful termination of your mission, can be referred to no other source than the rigorous restrictions under which it was to be executed.
I make no apology, sir, for the long interval between the date of your letter

and that under which I write. It is rendered unnecessary by your knowledge of the circumstances to which the delay is to be ascribed.
With high consideration and respect, I have the honor to be, sir, Your most obedient servant, (Signed) JAMES MADISON. George H. Rose, Esq. His Britannic majesty's minister, &c. [Mr. Rose's reply to Mr. Madison in our next]
FOREIGN NEWS.
LONDON, March 2.
Letters from Gottenburgh by the last conveyance state, that general Steding, brother to the late Swedish ambassador at the court of Petersburg, has proposed a plan to the Swedish government, by which he pledges himself with 20,000 Swedish troops, to defend Finland against the invasion of 100,000 Russians. This general's professional talents are much esteemed.
The captain of a vessel which has just arrived from a Dutch port, states the prevalence of a report throughout the continent, that Buonaparte is about to attempt the execution of his long promised project for the establishment of a King of Jerusalem, and that the court of Constantinople will, according to appearances, acquiesce in the plan. Possibly the currency of this rumour is promoted, merely with a view to facilitate the attainment of the loan or loans which Buonaparte's agents have been for some time negotiating.
March 8.
Private letters represent that France entertains some dissatisfaction at the conduct of Austria and Russia; and they suggest the possibility of a renewal of hostilities. With the experience of so many confederacies, this expectation would not cheer much. Buonaparte, it is said, is gone to Bordeaux, from whence, it is conjectured, he will proceed to Spain.
The Toulon squadron is said to have quitted that port on the 18th of Jan. the day after the Rochefort squadron escaped from its harbor. Admiral Thornborough is stated to have immediately sailed in pursuit of the former, which had been seen off Malaga on the 24th ult. The Archipelago was believed to be its place of destination; and with a view to obstruct its course, lord Collingwood was himself said to be going, with the rest of the fleet under his command, to take his station off Zante. Others however think, and with some probability, that it may be bound for Alexandria.
An article from Lubec states, that intelligence had been received from Riga, by an estafette, that Russia had declared war against Sweden.
From the banks of the Elbe, we are informed that "the refusal of England to co-operate in restoring peace, is on the eve of producing measures, the effect of which will soon be felt upon the continent" and various hostile indications are ambiguously hinted at. The measures alluded to are held in mysterious silence.
A formidable army has already assembled in Spain, which is to be increased to 150,000 troops. The Russians are said to be advancing in great force on Sweden, and various military operations are spoken of, indicating the restless spirit of the continental ruler, and the unhappy situation of the nations subjected to his controul.
To add to the distresses already experienced at Dantzic, a great part of that city was destroyed by fire, on the 1st and 2d ult.
March 10.
By letters from Lisbon, we learn, that on the 23d of December, Bonaparte signed a decree, finally determining the fate of Portugal. It declares the throne of that kingdom abdicated by the family of Braganza, which is never more to reign; and that the kingdom of Portugal is henceforth to be considered as part of the dominion of France.
Some intelligence from Naples mentions the renewal of hostilities in Calabria. An engagement is said to have taken place between some of our troops and the French, in which the latter claim the victory.
Letters from Gibraltar mention, that the siege will soon be commenced against that garrison. Bonaparte was expected at Madrid to make arrangements; for which service, the united forces of French and Spaniards to be employed, will amount to 150,000 men.
March 12.
Several American vessels have been brought into Leghorn by French privateers, and there condemned as in the ports of France.
The British squadron of the Brazils, it is said, is to remain for the present under the command of commodore Moore.
MARTINSBURG, April 29.
On Monday last an election was held in this town, for the purpose of choosing two fit persons to represent Berkeley County in the next General Assembly of Virginia, when Capt. Aaron Foris and George Porterfield, Esq. (both Federalists) were elected without opposition.
Married, Mr. Michael Hensel to Miss Elizabeth Myers, both of this County.
WASHINGTON, April 19.
A short time after eleven the house went into committee of the whole on the bill from the senate authorising the president, under certain contingencies, to suspend the act laying an embargo.
After a wide discussion, and the proposition of various amendments, all of which were negatived, the committee rose and reported the bill without amendment; when after further discussion, and the rejection of the numerous amendments offered, the final question was taken at half past eleven o'clock on the passage of the bill—yeas 60, nays 38.
April 22.
The works for the battery and an upper fort on the heights at Warburton point commenced on the 14th inst. The situation and site on that point of Potomac are said to fully command there the narrow and deep channel, (which carries from seven to sixteen fathoms) and is the only fit spot on this extensive river for defence. The battery below does not in any way encroach or trespass either upon the valuable fisheries, the river shore flat, or the bank top immediately above them: the proprietor holding a full right therein, although yielding up to the United States free egress and regress from the waters near the wharf point to and from the fortifications as well as full use of the usual road-ways thereto: the ground so occupied and conveyed is under four acres, and has been valued by the appraisers at nearly two thousand dollars per acre.
AN ACT to authorise the president of the United States, under certain conditions, to suspend the operation of the act laying an embargo on all ships and vessels in the ports and harbors of the U. S. and the several acts supplementary thereto.
Be it enacted by the senate and house of representatives of the United States of America, in Congress assembled, That in the event of such peace or suspension of hostilities between the belligerent powers of Europe, or of such changes in their measures affecting neutral commerce, as may render that of the U. S. sufficiently safe in the judgment of the president of the U. S. he is hereby authorised, during the recess of congress, to suspend in whole or in part the act laying an embargo on all ships and vessels in the ports and harbors of the U. S. and the several acts supplementary thereto, under such exceptions and restrictions, and on such bond and security being given as the public interest and circumstances of the case may appear to require: Provided, such suspension shall not extend beyond twenty days after the next meeting of congress.
APRIL 18, 1808.
Read the third time and passed the senate.
Attest,
SAMUEL A. OTIS, Secretary.
It is said that the Marquis of Wellesley has been appointed by the King of Great Britain, secretary for foreign affairs, in the room of Mr. Canning resigned.
It is reported, that James Cheatham (a democratic printer in New-York) has confessed judgment to all the suits instituted against him by the late Governor for libels, to the amount of 110,000 dollars.
Extract of a letter from a gentleman in Georgia, dated March 14, 1808.
"The embargo has had its effect on the citizens of Mobile and Pensacola. They are almost in a state of starvation—Corn is four dollars per bushel—bacon 50 cents per pound—hogs lard one dollar per quart—fowls nine dollars per dozen. What they will do by summer, if the embargo continues, I cannot say.
"A ship loaded with coffee, carrying 50 men and 24 guns under American colors, has been taken by the Spaniards,
and her cargo is now selling at Pensacola."
A letter dated St. Lucar, Spain, Feb. 22, 1808, states that "Portugal is regularly proclaimed a province of France. Three expresses arrived yesterday at Cadiz—three large divisions of the French army are at Barcelona and within 12 leagues of Madrid.—This portends something more."
From the Federal Gazette.
We have been politely favored with a file of the Orleans Gazette to the 23d ult. inclusive; the following is the only article worth extracting:
NEW-ORLEANS, March 17.
A report has been in circulation since Tuesday, that the Spaniards are again advancing on our frontiers. Their force is stated at 500 regulars joined by the provincial militia. Yesterday report had them on the east side of the Sabine. The governor has, we learn, received a letter from judge Carr, of Natchitoches, stating the reports prevailing at that place; but we cannot learn that there are any facts ascertained to create alarm.
Public Sale.
WILL be sold at Public Vendue on Thursday the 12th day of May next, at the late dwelling of WILLIAM MACKEY, jun. deceased, a variety of Household and Kitchen Furniture, a Negro Man and Woman, two Cows, one Horse, Secretary, Bureau, sundry Beds and Bedding, two Carpets, one Eight day Clock, together with a number of articles too numerous for insertion. Nine months credit will be given, and bond with approved security will be required. The sale will begin about nine o'clock in the morning.
WILLIAM MACKEY, Admr. April 29, 1808.
Land for Sale.
THE subscriber wishes to dispose of the FARM on which he now lives, situate in Berkeley County Virginia, near Opeckon Creek, about three miles from Martinsburg and seven from Shepherd's Town, on the main road leading from the former to the latter place—This farm contains about three hundred acres, a part slate and a part limestone land of the first quality, about two thirds of the whole tract cleared, and now in a state of high cultivation, the balance clothed with excellent timber, which will always afford a greater quantity than the consumption of the place will require—A sufficient portion of the land can be converted into good meadow—The improvements are a very comfortable and convenient dwelling house, a large frame barn and stables, with other useful buildings; there is a spring of good water quite convenient to the dwelling, and several other springs rise on different parts of the place, furnishing a sufficient and constant supply of water throughout the year.
The subscriber being desirous to remove to the state of Ohio, will take in exchange for the above farm, land well situated and of good quality in any part of that state; or if a greater part of the price can be paid in hand, a great bargain will be given in it. The terms will be made known on application to the subscriber living on the premises.
ELI BELLER.
April 29, 1808.
THE subscriber earnestly requests those indebted to him, by note or book account, to come forward and settle their respective accounts, and pay at least a part, as some of them have been already of long standing, and justice to his creditors denies him the pleasure of giving any indulgence.
JOHN McCLEARY.
April 29, 1808.
Mill to be let.
TO be let the stone MILL lately occupied by John Roberts, adjoining Martinsburg, together with a comfortable dwelling house for the miller, and an excellent garden; the Mill has two pair of Burrs in it, with bolting-cloths, chests, screens, &c. all in complete order for manufacturing Flour—It will be rented for one year; or a term of years—Possession may be had immediately—For terms apply to
ANN HUNTER.
Martinsburg, April 29, 1808.
CURRYING.
THE subscriber informs the inhabitants of Berkeley County, that he has commenced the Carrying business in the house of Nicholas Roush, adjoining Mr. William Gregory's and opposite to Mr. John Fisher's, in Martinsburg, where he will be able to furnish all who may please to favour him with their custom with all kinds of upper leather and calf-skins, boot-legs and boot-tops, bridle leather, leather for hatters, &c. at a cheaper rate than they can be purchased at any other place in this town or Baltimore; he will take hides in exchange for leather, and will allow the highest price in cash for calf-skins.
He solicits, in a particular manner, the attention of saddlers, of boot and shoe makers, and such other of his mechanic brethren as may want any articles in his line, as they are assured that all kinds of leather furnished by him will be elegantly finished and sold on the most reasonable terms—Equal endeavours will be made to give satisfaction to every other class of citizens who may please to favour him with their custom.
LAZARUS STEWART.
April 29, 1808.
Public Vendue.
WILL be sold by public sale, on Monday the 16th day of May next, at the house of John O'Ferrall in the town of Martinsburg, a variety of Household and Kitchen Furniture, consisting of Beds and Bedding, Chairs and Tables, Sideboard, Desk and Drawers, one eight day Clock, Looking Glasses and a number of elegant Pictures, some valuable Books and a number of other articles too numerous to mention.—At the same time and place, will also be sold one Negro wench about sixteen years of age who is accustomed to house and out work. Nine months credit will be given for all sums above two dollars, on bond with approved security. Due attendance will be given by
IGNATIUS O'FERRALL.
Also will be offered for sale the house and Tan-Yard occupied by said John O'Ferrall, or rented if not sold.
N. B. All persons having any claims against John O'Ferrall in the County of Berkeley, will please to render the same to
IGNATIUS O'FERRALL. April 29, 1808.
THE Members of the Berkeley Volunteer Troop of Cavalry, are ordered to attend a Muster, on the first Saturday in May next, in Martinsburg, for the purpose of training.
JOEL WARD, Captain.
April 22, 1808.
FORTY DOLLARS REWARD.
RAN away from the subscriber on the 20th December last, a Negro woman named VERNUS, about 27 years of age, about 5 feet 4 inches high, of a proportionable size, of a yellow complexion, has a wide mouth and full lips, rather ruff countenance, pock marked, has holes pierced in her ears, has small feet and hands for a Negro, a scar on the right side of her head not far from the crown, is remarkably fond of company and strong drink; had on when she went away a black and white striped lindsey jacket and petticoat, a new wool hat, a gray coating cloak bound with worsted binding, a new red grounded calico habit, a dark grounded ditto, a white muslin ditto, and a quantity of other clothing not recollected; she has been in the neighbourhood of Charles Town, and about Mr. Dandridge's quarters; she may have obtained a forged pass, and endeavour to pass as a free woman. I will give ten dollars reward for her apprehension if she is taken in Berkeley or Jefferson County; twenty dollars if fifty miles distant; if a hundred miles the above reward, and all reasonable charges paid, if delivered to Mr. Thomas Locke, Martinsburg, or to the subscriber, living near the Warm Springs.
JAMES JACKSON.
April 22, 1808.
Battalion Orders.
THE first Battalion of the 67th Regiment of the Virginia Militia, are ordered to muster at Capt. Robert Snodgrass' on Back Creek, on the 14th of May next, and the second Battalion on the 21st of the same month at Darkesville.
ELISHA BOYD,
Lieut. Col. Com. 67th Rg. V. M.
April 22, 1808.

THE subscribers inform their friends (customers at a distance) and the public in general, that they have
Superfine Broad Cloths & Cassimers
for sale, on moderate terms, at their Store (by the Market House) in Shepherd's Town. They also have a complete assortment of Ladies Fashionable Plush Bonnets. Dry Goods of every description, Hard Ware, Groceries, Bar-Iron, Plow Molds and Steel of all kinds, Castings, Wrought & Cut Nails of all sizes. A quantity of excellent well seasoned Plank. (fit for immediate use) Home-made Twilled Bays, ditto Linen, Flax, Fresh Medicines and Paints of the best quality, Flax-Seed Oil, Prime Soap, Upper and Harness Leather, Nice Calf Skins and Boot Legs; all which they are selling very cheap, by wholesale and retail.
They return their sincere thanks to their Punctual Customers, and hope those in arrears will come forward and settle their respective balances (in a short time) as the season has now arrived, that makes it indispensably necessary we should have our money.
JAMES & JOHN LANE. P.S. They buy Hides and Skins, and give the highest price in Cash. Shepherd's Town, March 18, 1808.
Fresh Spring & Summer GOODS.
THE subscribers have just received from the city of Philadelphia, and finished opening, an extensive and general assortment of European, India and American Manufactures, consisting of a handsome variety of Fashionable and other Goods, too numerous to particularize. The whole of which they respectfully recommend and offer on the most moderate terms for cash. With grateful acknowledgments for past favors, in their line, they hope nothing on their part shall be wanting to merit a continuance.
THOMAS C. SMITH, & Co. Martinsburg, March 18, 1808.
JUST RECEIVED, an assortment of
Fresh Goods,
Among which are: Superfine, Common and 25 cent Calicoes, Assorted, A few pieces real Spider net, Superfine Leno Muslins, 4-4 and 6-4 Cambricks assorted, President's Cords, Men's fine Hats, Plush bonnets, Leghorn do. assorted, Tabby Vesting, Cambrick, Common and Diaper Dimmettes, First quality new Cotton, India Muslins, Herrings, Salmon, Crowley and blistered Steel, &c. L. PRICE. Martinsburg, January 15, 1808.
Berkeley, ss. March Court, 1808. Isabella Lyle, admx. of Hugh Lyle, dec. Complainant.
against Hugh Lyle, Samuel Bray and Nancy his wife, John Lyle, Philemon Chenoweth and Sally his wife, James W. Campbell and Polly his wife, William Lyle, Anne Lyle, Emily Lyle, Samuel Lyle, children and heirs at law of John Lyle, deceased, Douglas Campbell and Sally his wife, Margaret H. Lyle, Robert W. Lyle, Hester Lyle and Hugh Lyle, children and heirs at law of said Hugh Lyle, deceased, James Wright & Elisha Boyd, Defs. In CHANCERY.
THE defendants Samuel Bray and Nancy his wife, not having entered their appearance agreeable to an act of Assembly and the rules of this Court, and it appearing to the satisfaction of the Court, that they are not inhabitants of this Commonwealth, on the motion of the Complainant by her Counsel, it is ordered, that the said Samuel Bray and Nancy his wife, do appear here on the Monday after the third Tuesday in June 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.B.C.
PURSUANT to a decree of the Court of Berkeley County, the Commissioners therein named, will proceed to sell, for ready money, on Monday the 18th day of May next, on the premises, a certain Tract of LAND, belonging to the heirs of James Wight, deceased, for the purpose of securing a debt due by said James Wight to Joseph Foreman:—This Land is situated on the river Potomack at the mouth of Back Creek, and contains 172 acres, about 40 of which is good bottom, a quantity of meadow land, about one half of the whole tract cleared, and the balance well timbered, has on it an excellent apple orchard, some peach and cherry trees, a good spring, and the place well watered—the buildings are out of repair.
GEORGE PORTERFIELD, WILLIAM PENDLETON, THOMAS SHEARER, Commissioners.
April 1, 1808.
Berkeley, ss.
March Court, 1808.
Ignatius O'Ferrall and Frances his wife, late Frances M'Kiernan, Comp'ts,
against
Peter M'Kiernan, Laurence M'Kiernan, Andrew Goulding and Catherine his wife, late Catherine M'Kiernan, Patrick Ferrin and Margaret his wife, late Margaret M'Kiernan, James O'Quin and Susanna his wife, late Susanna Mahony, Michael M'Kiernan, Frances Monahan, late Frances M'Kiernan, Elmer Stirk, late Elmer M'Kiernan, John M'Kiernan, Peter M'Kiernan, Frank M'Kiernan and Barney M'Kiernan, Defs. In CHANCERY.
THE defendant, not having entered their appearance agreeable to an act of Assembly and the rules of this court, and it appearing to the satisfaction of the Court, that they are not inhabitants of this Commonwealth, on the motion of the complainants by their counsel, it is ordered, that the said defendants do appear here on the Monday after the third Tuesday in June next, to answer the bill of the complainants, 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.B.C.
ATTENTION!
THE "Martinsburg Independent Blues," are requested to attend MUSTER at their usual place of parade in complete uniform, on the last Saturday in this month, at 12 o'clock, P. M. Any person who joins the Company this spring, will be permitted to Muster without uniform, for a reasonable time after the discontinuance of the Embargo.
JAMES FAULKNER, Capt. April 8, 1808.
Berkeley, ss.
March Court, 1808.
Nathan Bull, ex'r. of Robert Bull, dec.
Complainant,
against
Daniel Brown, Defendant, In CHANCERY.
THE defendant, Daniel Brown, 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 Daniel Brown, do appear here on the Monday after the third Tuesday in June 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.B.C.
Bark Wanted,
FOR Black Oak Bark, as we are out of that kind, four dollars per cord for good well packed cords will be given, and a generous price for Spanish and Chesnut Oak, at our Tan Yard in Shepherd's Town.
CAMPBELL & M'KNIGHTS. Shepherd's Town, April 8, 1808. N. B. Black Oak Bark has usually been but from two and a half to three dollars a cord. [5w.]
NOTICE. WHEREAS it has been the practice for some years past, under a pretence of fishing, to throw down our fences and run through our meadows, so that our fences were frequently in danger of being burnt; wishing to put a stop to such unlawful and evil practices in future, we do hereby forwarn all persons from fishing, ranging, or in any manner trespassing upon our property, at any time, as we are determined to put the law in force against such offenders, without respect to persons.
Samuel McKown, William Worley, Abraham McConnell, Levi Henshaw, Hiram Henshaw, Hugh Davidson.
April 15, 1808.
Berkeley, ss.
March Court, 1808.
William Maslin, Complainant,
against
Daniel Brown
and
David Dutton, } Defendants, In CHANCERY.
THE defendant, Daniel Brown, 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 Daniel Brown, do appear here on the Monday after the third Tuesday in June 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.B.C.
A Negro Man
FOR SALE,
WHO is one of the completest farmers any where to be found; he will be sold low, and the terms made agreeable to a good man. Enquire of Mr. Alburts in Martinsburg, of Mr. Kearsley in Shepherd's Town, or of Doctor Gramer in Charles Town.
April 8, 1808.
MARTINSBURG RACES.
WILL be run for over a good course near Martinsburg, on Wednesday the 18th day of May next, a purse of one hundred dollars, four miles to the heat, free for any horse, mare or gelding.
On Thursday the 19th, a purse of fifty dollars, three miles to the heat, free as before, the winning horse the first day excepted.
And on Friday the 20th, a purse of twenty dollars, two miles to the heat, free also, for any horse, mare or gelding, the winning horse the preceding day's excepted.
The racing each day, to be regulated agreeable to established rules. Proper persons will be appointed as judges.
One shilling in the pound entrance.—Horses to be entered the day preceding each race, or double at the post.—Four horses to start each day, or no race.
Toll will be required from all spectators, not subscribers to the purse.
DAVID COONS, Manager. April 8, 1808.
YOUNG MATCHLESS.
WILL stand this season at Thomas Tabb's stable in Martinsburg, on Mondays, Tuesdays and Wednesdays, Fridays and Saturdays at Jacob Long's stable in Shepherd's Town, and cover mares at Four Dollars the season, Two Dollars the single leap, if not paid when the mare is covered to be considered as engaged for the season, and Eight Dollars to ensure a foal, but if the mare is parted with, the ensurance to be forfeited; the money for the season to be paid the first of October, and for ensurance when the mare proves with foal.
Young Matchless was got by Col. Burwell's Matchless, and Matchless by his celebrated horse Emperor, and his dam by Capt. Jacob Vandoren's Old Snap. Young Matchless is an elegant dapple gray, sixteen and a half hands high, seven years old this spring, and is well calculated for either saddle or draft. Young Matchless is the property of Abraham Gorrell, and was kept by me last season. A good groom is engaged and strict attention will be paid, but no responsibility for accidents. The season will commence the first of April, and end the last of June.
ANTHONY TURNER. April 1, 1808.
BOOT & SHOE MANUFACTORY.
Nearly opposite the Globe Tavern, Martinsburg.
THE subscriber, from a desire to advance his own interest, to place his business on a more respectable footing, to serve his customers, and to be at all times ready to answer the calls of the public, has now, and intends always to keep in his employ, some of the best and most fashionable workmen, in his line of business; he will also be constantly provided with the best leather that can be obtained—and from an assiduous attention and endeavours to please, has no doubt but that he will be able to give satisfaction to all who think proper to employ him.
Gentlemen and Ladies at a distance, who may please to favour him with their work, may depend on their commands being strictly complied with, and that by forwarding their measures accompanied with instructions, their work can be as well executed here, as at any of the most fashionable towns.
JACOB POISAL. March 28, 1808.
BOOT and SHOE MANUFACTORY MARTINSBURG.
THE subscriber respectfully informs his customers and the public, that he still occupies his old stand, between the Post-Office and Printing Office, Martinsburg; that he has lately made a considerable addition to his stock of leather, (which is of the best quality) and shall constantly keep up a large assortment, so that none who may please to employ him, will ever be disappointed; he will be careful in always keeping the best workmen, and from his own particular attention, feels an assurance, that he shall be able to give satisfaction to his customers—BOOTS and SHOES, of every description, will be carefully made, agreeable to directions—He intends to keep, ready-made, a variety of work for Ladies and Gentlemen—Having a large stock of Leather on hand, he will be able to give a short credit to punctual persons who may wish it. He is thankful for the favours already received, and will endeavour in future not to be underserving encouragement.
RICHARD HICKSON. April 1, 1808.
Berkeley, ss.
February Court, 1808.
William Rankin and Christian Shank,
Complainants,
against
Mary Kelly, executrix of Thomas Kelly, dec. Robert Gustin and Elijah Sutton, } Defs. In CHANCERY.
THE defendant, Mary Kelly, not having entered her appearance agreeable to an act of Assembly and the rules of this court, and it appearing to the satisfaction of the court, that she is not an inhabitant of this Commonwealth, on the motion of the Complainants by their counsel, it is ordered, that the said Mary Kelly do appear here on the Monday after the third Tuesday in May next, to answer the bill of the complainants, 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.B.C.
A variety of BLANKS
For sale at this Office. Cash given for clean Linen and Cotton RAGS at this Office.
MARTINSBURG, Berkeley County, Virginia: Printed and published by JOHN ALBURTIS.