Norfolk gazette and publick ledger (Norfolk [Va.]), 1807-12-28 00:00:00

NORFOLK GAZETTE AND PUBLIC ADVERTISER
VOL. IV.]
MONDAY EVENING, DECEMBER 28, 1807.
NO. 75
From the United States Gazette.
Governor's Objections.—It is with pleasure that we insert the following objections of the governor of this state, to a wicked and disorganizing resolution which passed both houses of our legislature at the last session.
To the Senate and house of House of Representatives of the Commonwealth of Pennsylvania.
GENTLEMEN,
At the last session of the legislature, the following resolution was passed: "That from and after the next term of the supreme court it shall not be lawful for any counsellor, attorney, or any other person, to read within any court of this commonwealth any precedent or case of law, decided in any court, except such as have taken, or may take place in some court within the United States."
This important resolution was presented by a committee, for my approbation, at a late period of the session, while I was under the pressure of other publick business, and severely afflicted with a personal malady. It was therefore impossible to bestow at that time a proper attention upon the subject; so as to acquit myself equally of the respect, which I owe to legislative propositions, and of the fidelity with which I have always been anxious to perform the duties of the executive office.
A difference of opinion both in publick and private life is natural to mankind, and an honest difference of opinion ought never to produce passion, prejudice or reproach.
Whenever it has been my misfortune to differ from the opinion of the senate and the house of representatives of Pennsylvania, I have not ventured to arraign the purity of their motives; although I may sometimes have been tempted, on account of that difference to question the correctness of my own judgment. Upon every occasion, however and particularly the present, I have hoped for a reciprocity of indulgence and candour; and when I exercise a constitutional right, to declare that I cannot approve the resolution, be assured gentlemen, that I wish not to pronounce a sentence of condemnation upon others: but merely to assign reasons in vindication of myself. To you, to our constituents, and to posterity, the reasons of dissent are submitted; not in a vain spirit of contradiction and controversy, but as the dictates of conscience, after a long life devoted to the science of government and law.
Considering the resolution in its form, and its operation, it appears to my mind to be liable to many powerful objections.
1st. Because the prohibition excludes the judge and the jury, as well as the counsellor and the attorney, from resorting in court to the accustomed sources of legal information.
Every decision of a court of justice ought to be made according to the law of the land, whether it is pronounced upon the opinion of the judge, or by the verdict of a jury. In criminal as well as civil cases, it is the duty of a judge to state to the jury what is law of the land upon the points at issue. In civil cases the jury often assume the responsibility of deciding and in criminal cases it is always their province to decide both the law and the fact. The ablest judge however (from the fallibility of human understanding, or the imperfection of memory) may misconceive a point of law, suddenly suggested in the trial of a cause; and the most intelligent jury will not in any case pretend, intuitively to perceive and pronounce what is the law of the land.
But instead of multiplying the means (as it would seem reasonable to do) for assisting the memory of a judge, or informing the conscience of the jury upon occasions the most interesting to the fame, the fortune, or the life of a citizen, the resolution forbids any advocate, or other person, to read within our courts, a precedent however venerable, or an adjudication however apposite, unless it has taken place in some courts of the United States. It is true that our advocates are not expressly forbidden to narrate the precedents and adjudications of foreign authors and tribunals, though they are forbidden to read them. But when we reflect upon the conflict of duties and opinions, the diversity of dispositions and talents which every important cause is calculated to display at the bar, a substitution of a recital for the perusal of a legal authority will be found to furnish a much less advantageous medium of information to the judge and to the jury, while it must obviously be productive of more partiality, uncertainty and delay in the administration of justice.
2d. Because the exception from the general prohibition, by which precedents and adjudications that have taken place in any court within the United States, are permitted to be read in the courts of Pennsylvania, is arbitrary and illusive. If the precedents and decisions of the courts of the individual states and United States, were founded upon the same code of laws; if they embraced all the cases, that would arise under that code, and if they were regularly noted and reported, we might, perhaps, safely be content with the resources of domestic wisdom, and proudly shut our eyes against the light of foreign science. If, however, no such uniformity exists in the systems of American jurisprudence, no such scope of judicial investigation, and no such publicity of decision; an arbitrary determination to reject all practical benefit from the learning and experience of other nations, would probably be deemed, by the civilized world, more remarkable for its prejudice, than for its policy. It is then an obvious truth, that the members of the union differ from each other in the theory and details of their judicial institutions; and the limited jurisdictions
of the federal courts, operating principally, and only occasionally upon national subjects, can furnish little by way of authority, or of information to the municipal tribunals of the individual states. The laws of property, inheritance and dower, of process and practice, in civil suits, and of crimes and punishments are essentially dissimilar; and thus, a permission to read, in our courts, the precedents and adjudications of other courts in the United States, is, in effect, the grant of a barren right which there is no temptation to enjoy, and rarely an opportunity to exercise. But why, it may be fairly asked, confine our means of improvement, our sources of information in matters of jurisprudence, to the local boundaries of the United States; while the professors of every other science, and the master of every art, may gather the fruits of human genius and knowledge throughout the world, to enrich their studies, and to invigorate their judgments. The physician, in the crisis of his patient's fate, may resort to foreign aid, in order to overcome what is difficult, or to explain what is doubtful. The minister of the gospel can select from every school of every country, commentaries upon his holy text. And the astronomer, navigator, merchant, farmer, and mechanic, are equally uncontrolled in the use of all they can obtain, whether at home or abroad, to enlighten their minds; to augment their skill; to facilitate the performance of their duties. Shall then, the knowledge necessary to the administration of justice be permitted to enter our tribunals only in one direction, and at a single avenue? And if there are not any American precedents or adjudications to read (say even in the trial of a capital cause) shall the advocate be without an argument for his client, the judge without a guide for his opinion; and the jury without instruction for their verdict; because, by a legislative decree, no other precedents or adjudications, however correct and cogent, can be read in the courts of Pennsylvania!
I pray, you, gentlemen, to estimate with your usual good sense and candour, the consequences of such an interdiction: And I think you will perceive not only the general mischief of the prohibition but the particular illusion of the exception, to its operation. For after all, it is proposed to accept a copy, though we refuse the original; and to read for authority or illustration, the precedents and adjudications of American courts, founded as is commonly the case, upon those very books which we are forbidden to read, to understand and apply for ourselves. 3d. Because, The resolution would, in many cases, deprive us of the best, and in some, of the only evidence of the law of the land. The law of Pennsylvania consists of various branches. By our federal compact, the constitution, laws and treaties of the United States, are supreme. The constitution and laws of the state, form the next branch, in dignity and obligation. And under the authority of the constitution, and the laws, it is expressly declared in an act of the year 1777 (passed with great legislative wisdom amidst all the passions of the revolutionary conflict) "that the "common law, and such of the statute laws of England as were in force in the province, shall be in "force, and binding on the inhabitants of this state," subject only to exceptions which were proper to render the adoption consistent with the recent independence, and the republican structure of our government. But, to these principal branches of the laws of Pennsylvania, there are incidents inseparably attached, which in the exercise of the judicial power, extend over an almost boundless field of jurisprudence. To adjust some controversies, the law of nations, in peace, or in war, must apply the rule. On the business which occupies the orphan's and the register's courts, we are principally guided by the civil law; by that law which every nation in Europe has borrowed, in a greater or in a less degree, from the institutes of the ancient Roman empire, without a symptom of fear, as for an act dangerous to their independence; or a sense of shame, as for an act derogatory to their wisdom. The law of merchants pervading the whole commercial world, is the standard of decision, upon questions of navigation, trade insurance, and other innumerable grounds of litigation, produced by the spirit of mercantile enterprise; and the constitution and operation of any foreign contract that may become the foundation of a civil suit in our courts, must be conformable (not to the municipal law of Pennsylvania) but to the law of the country in which the contract was made.
Upon this summary of the law of Pennsylvania, let it be admitted, that, for the commentary as well as for the text of our constitution and laws, American precedents and adjudications, afford the best evidence; must it not, on the principle of that admission, be equally clear, that the precedents and adjudications of England is the best evidence of that portion of the common and statute law of England, which, by words of general inference, and not in terms of special enactment, has been incorporated into the law of Pennsylvania? Yes, it would be absurd to say, that when we adopted a foreign law, the legitimate evidence of that law, was not virtually and necessarily adopted: Hence, from the epoch of the revolution to the present time, the precedents and adjudications of the English common and statute law, as far as they were in force in Pennsylvania, the 14th of March, 1776, has been read, as authority, in our courts. But, English precedents and adjudications, subsequent to that day, although often read by way of information, or to support an argument from analogy, have never been obligatory upon our judges, any more than the precedents and adjudications of France, Spain and Holland. The best evidence of the adopted law, lying thus plainly before us in the venerable works of its sages, or in the authoritative judgments of its ministers, why should we be compelled to use only secondary evidence of American precedents and adjudications,
where any such exist: and where none exist, why should we be debarred from the use of the only certain and satisfactory evidence of a law which the legislature has declared to be in force, and binding all the inhabitants of the state? But let us even surrender to prejudice or to pride, the advantage of consulting the English authorities upon points of law, which are as much the law of Pennsylvania as of England, there remains for serious consideration, the expediency of excluding from our courts every foreign precedent and adjudication, upon the law of nations, the civil law, the law of merchants, and as to foreign contracts, the municipal laws of foreign countries, can it be denied in the existing state of a youthful, though a great, a wise, and a virtuous nation, that independent of foreign precedents and adjudications, we must be in these respects, more like a ship upon the ocean, without a vessel without a ruler or a compass: For in these respects who are the authors, which are the courts within the United States to whose precedents and adjudications we can exclusively appeal for instruction and authority? A foreign code is here in truth the only evidence of the law, and the resolution that forbids an advocate, a judge and a jury, to resort in court to that code, forbids them in effect, to learn and to understand the general rule, which it is their duty to apply at the very moment when its application is required.
THOMAS M'KEAN.
Lancaster, December 3, 1807.
From Cobbett's Weekly Register—Oct. 24.
SUMMARY OF POLITICKS.
AMERICAN STATES.—It appears from the newspapers, that Mr. George Henry Rose, a son of Old George Rose so long of the Treasury, is to be sent out to America upon a special mission (the son of Lord Erskine of Clackmannan remaining as before) and, that Admiral Berkeley is recalled from the American station.—As to the first, supposing the person to be sent a proper one, and that party interest and self-interest and personal and party revenge have had nothing to do in the choice, we can say but little, except as to the unnecessary expense to the nation, because, as yet, we cannot know what the object of the mission is. From the circumstance of the negotiation being put into new hands, I should be inclined to augur a proper result, were not this new appointment accompanied with the recall of Admiral Berkeley. This may, indeed, have been done from party motives; the family of Berkeley with all its interest being opposed to the present ministers in parliament, while Sir J. B. Warren and his friends and connexions are on their side; but, whatever we may think of this motive, bad as it may be, the other motive, namely, that of appeasing the Americans, is a thousand times worse. It is most likely, that the ministers and their partisans will allege no motive at all; will wrap themselves up in mysterious silence, and plead only their right to do what they have done. But, while we shall be at perfect liberty to ascribe the former motive to them, the vanity and arrogance of the Americans will not fail to insist, that they have been actuated by the latter. This will tend to heighten their tone; they will the more rely upon the exertions of their faction of fund holders here, and therefore, the means of an amicable adjustment, upon the only terms which we ought to think of will be greatly reduced. What an example is this, too, for the officers of the British navy! What an encouragement to do their duty, in maintaining their country's rights! What admiral, or captain, will, after this, run the risk of being sacrificed to political expediency? If indeed, the ministry were explicitly to declare, that they have recalled Admiral Berkeley, because he, in the latter part of his order to his captains, commanded them to permit the American captain to search their ships for American seamen, thus placing the two nations upon a footing of perfect equality upon the sea, I should applaud their conduct; but, as the recall now stands, without any such declaration as this the conclusion of every one will be, that he is recalled, because he has enforced the right of search. I had written so far when the king's proclamation, dated on the 16th inst. and published in the Gazette of last Saturday, reached me. That proclamation leaves us no room to doubt, that, with respect to the point at issue, the ministers mean, not concede, but to do what is much worse, evade, and to sneak out of the question, without any decision at all.
Our naval officers will remember, that, for many, many years, the admiral upon the Halifax station lived a very fat and quiet life, without attempting to make an exertion to recover British seamen (thousands of British seamen), inveigled away by the Americans; but, that, the moment an admiral came, who set seriously about preventing that evil, he was deserted by the government, and recalled; that is to say, disgraced, as far as it was in their power to disgrace him.—The Proclamation will have no effect upon Admiral Berkeley, who can produce his orders from the admiralty to stop and search all foreign neutral vessels, without any exception, for British seamen. With this order the Proclamation is inconsistent; but, the order was in force first.—To be sure the blustering, at the close of the proclamation, is ludicrous enough; but it is perfectly in character, and will pass for just what it is worth, and not a jot more. It will not prevent a single man from entering the American service, or the service of any other neutral state; but, on the contrary, will operate as an encouragement thereto, it being now certain, that when entered, they will be safe from our power.—But seeing that this vacillation was resolved upon, of what use to the nation was it to appoint "George Henry Rose, Esq. to go to America upon a special mission? of what use can that mission be to us? To him, indeed it may be of great use. It will give him about four thousand
pounds a year of our money, while he remains there; he will have an opportunity of seeing the country; and when he comes back he will, in all probability, be settled upon us, for life, in the sum of three thousand at least, twelve hundred a year, in addition to the four thousand a year, which, after he is returned from us, for life also, as Clerk of the Parliament.—Mr. Erskine, will be coming home much about the same time. There will be a similar pension for him, for, probably, forty years yet to come; and this, boy without appointing another! And so on, pension without end.—And these are the statesmen and ministers! The poor hireling of the Courtier, who thought that a stand was about to be made against the insolence of the Americans, and who had, accordingly, assumed a very high tone about the dominion of seas, does, I must do him the justice to say it, seems ashamed at this falling off in his pretensions; "but," says he, "it may be said, that, it was "insisted upon searching American ships of war," "they would insist upon searching our ships of "war;" forgetting, poor man, that in repeating my arguments, he had before maintained the difference between us and the Americans, and had asserted, that, though we had a right to search their ships, they had no right to search ours.—The truth seems to be, that there was a moment of vigour: a fit as it were; but that the fit having gone off the vigour evaporated along with it, and was followed by the native imbecility of the body. I was all along afraid that this would be the case; I have, from the first, expressed my fears of it; those fears are now verified, and I am now confirmed in the opinion, that all the "vigorous" measures in Europe, will end in another peace of Amiens, if not a worse, accompanied with a new batch of ambassadors and a new batch of pensioners.
For SALE.
400 boxes choice white & brown Sugar, 50 barrels fine Mucovado do. 22 Bessie's second quality do. 20 punche fine old Antigua, and 10 do. Grenada Rum. Fine old L. P. Madeira Wine in hds and pipes. 40 boxes Raisins: 12 boxes English Mustard, 75 do. choice Spanish Sugars, 50 do. Window Glass, 10 by 12, 10 by 13, 10 by 14, and 12 by 14; 20 boxes Candles; 30 do. Soap, 8 barrels Philadelphia made Sweeping Brooms, 1 box Irish Linen, and 1 do. Hats, with some coarse and fine Cloths, &c.
Francis Smith.
December 23.
NEW SHOES.
E. STURTEVANT,
No. 77, Main-Street,
Has now landed from the schooner Mary-Ann, capt. Luce, 25 packages SHOES.
December 23.
TO CARPENTERS.
TO LET.
A black MAN belonging to the estate of Thomas Brinswood, deceased; also, a BOY about 13 or 14 years of age, and a WOMAN, all belonging to said estate. Apply to
Reynear Gilbert, Guardian.
December 23.
Richard Jeffrey & Co.
No. 66, Main-Street, corner of Bank-Street, have just received from London, per the ship Planter,
An assortment of MEDICINES,
of the first quality. Also, a few hundred weight refined Salt-Petre, Hardham's Snuff, No. 9, and 37, in 1-2 and 1-4 pound canisters, Violet, Benzoin, Windsor and Shaving Soap, Evan's best Crown Lancasters, Tooth Brushes of superior kind, Refined Liquorice, &c.
They have on hand, and are in daily expectation of receiving from Amsterdam, all kinds of GLASS WARE, suitable to Apothecaries.
MEDICINE CHESTS for ships and family use, with printed directions, put up as usual. October 5.
MACKINDER & WHITE,
Have received from London in the ship Planter, and Nabby, from Liverpool, their
Fall and Winter GOODS.
The best superfine Black, Navy Blue, and Kilkenny mixed Cloths, Callimacul, Patent Coats, Swansdown, black silk Flannels, Gentlemen's patent silk and Sarsnet Hats, Ladies' Trafalgar, Calabria, Buenos Ayres, and Orange Beaver Bonnets; Childrens beaver Caps, and Bonnets; Ladies plain and fancy Kid and Morocco shoes; red and black Morocco Nelson's comforts; Gentlemen's Holland and Spanish Boots, and dress Shoes and Pumpes; superior rich gold Epaulets; lace and silver Fringes; plain, tamboured, and Lame Muslins for dress; Callicoes, Chambray, and Ginghams; rose and striped Blankets; Kental Cottons; strong white Plain mixed Fearnoughts Flannels; Manchester Cords; blue and drab Plain, Dimities and Muslins; 4-4 Irish Linens; 3-4 and 6-4 Sheetings; Hosiery; Cutlery in boxes assorted; coarse Hats do.; Nails; Windsor Glass, &c. The above are offered for sale by wholesale or retail, at the lowest terms for Cash or approved paper. September 23.
For RENT.
The STORE, No. 86, Main-Street, with or without the house.
Thomas Blanchard.
September 28.
For RENT.
That commodious Dwelling-House, adjoining the Subscriber's, at present occupied by Mr. Isaac Dukes; also a convenient Dwelling-House near the Bridge, adjoining Mrs. Archer's, at present occupied by Mr. Nicholas; also that pleasant situated House on River-Street, occupied by Stephen Parra; and some Ware-Houses on my wharf, with or without the house. For further particulars apply to
James Tucker.
October 12.

With respect to the very respectable authority that has been cited, it is a matter of fact that the United States, in order to protect the rights of their respective citizens, all foreign seamen, which they shall be satisfied are deserters from any foreign service. It is, we presume, in consequence of these orders that two men have been discharged from the Chesapeake within a few days past, one a British seaman, and the other the French seaman who was particularly noticed by us a short time since.
We are happy to perceive that our government is sensible that the employment of deserters from foreign service is wrong, and although this order cannot remedy the mischief which has happened, it may be the means of preventing future mischief.
It is true the present order does not authorise the delivery of the seamen to the officer demanding them, it however goes far enough as relates to the conduct of the American officer. The delivery of deserters to the nation they belong to, is a matter of special negotiation, or legislative authority. In this state, it would be in the teeth of a positive penal statute.
We venture to assert that if lieutenant Sinclair had been authorised to discharge the deserters from the Halifax British sloop of war, that our country should not have been in the very critical situation in which she is placed.
NON INTERCOURSE ACT. —This celebrated act which has been calculated upon to produce such wonderful effects, is now in force. Without any inquiry into the policy of this act upon general principles, we can see no reason why it could not have been suspended until the spring, as to any inconvenience it could produce to Great-Britain. The spring and fall are the periods of importation, at the other seasons the imports are nominally nothing, and perhaps between this and the month of March, there will not be £10,000 sterl. amount of goods imported in the United States. The enforcement of the act at the moment we are about to treat, may be a proof of our spirit, and so it is of something else.
In our last a mistake was committed, by omitting a part of the proceedings of congress, upon the continuance of the salt duty and Mediterranean fund. The whole proceedings are published in this day's paper, by which it appears that the majority was against continuing the salt duty, and in favour of continuing the Mediterranean fund.
Of the circumstances which have induced the measure of an EMBARGO, we are not sufficiently informed to offer any opinion as to its policy. We have no doubt but that the conduct of the French government has caused this strong measure. But if the embargo has been laid with a view to protect the American ships only, we can see no reason for extending it to foreign ships—Unless however, we could see the communication made by the executive to congress, we are only perplexing ourselves, and fatiguing our readers, with conjectures, which may be altogether inapplicable to the subject. Judging from what is before us, we may be permitted to offer a few remarks. Notwithstanding all that certain papers have said respecting the friendly disposition of France, it is now evident that she has at last thought proper to treat us as she does her miserable dependents, Spain, Holland, &c. The circular letter of Mr. Armstrong, and the letter of the Grand Judge to the Imperial Attorney-General, both published in this paper, are conclusive evidences that the celebrated decree of the 21st November, 1806, is now to be enforced against the United States, and that it was never the intention of the French emperor, to make any exceptions whatever. What assurances were given, which induced the president at the opening of the present session of congress, to inform the nation that France had given a construction to that decree, which exempted the United States from its operation, and that there was reason to expect that Spain would conform to the same construction, we know not. That the president did not make this solemn communication without having good authority for so doing, we are bound to believe, and this belief leads us to a conclusion that the French government, in an act of insolence and violence, has added the arts of hypocrisy and treachery. Report says, that the government of France has demanded that the United States should shut their ports against Great-Britain, and refuse to receive a minister from that nation. We can see no reason for supposing that France would treat the United States with more respect than she does other nations, but that she has actually made the demands above stated, we do not assert. She has however, undertaken to restrict the commerce of this nation, in a manner unprecedented among nations, and calculated to injure the United States almost exclusively. That a belligerent may blockade one port or all the ports of his enemy, provided he has a force to make the entry thereto manifestly dangerous, is a right which all nations claim, cannot be disputed, and has been acted upon by the United States themselves.—But that a nation which cannot station a force before even one port of its enemy, whose own fleets and vessels are closely blockaded, and dare not venture to sea, should assume a right
to interdict an extensive commerce which rightfully belongs to neutrals, is an assumption, which has grown out of the ambition and violence of a man, who measures right by his power only.
Under such circumstances it is matter for serious consideration, to determine the course which ought to be pursued by this government. We understand that war is talked of with both France and England; that both have furnished cause for war we shall not dispute, but that we should make war upon both or either, does not at present appear necessary; war with both is next to madness. With respect to affairs with Great-Britain, we understand that our government has decided to let matters rest in statu quo until the arrival of the envoy, who will be at the seat of government in the course of a few days: of our affairs then with England we shall say nothing.
If the government of France persists in her unjust demands, we have nothing left but to permit our merchants to arm in their own defence, and to afford convoys to our ships; and if for these measures of self defence, it pleases the emperor Napoleon to make war upon us, we will meet it with a firmness and a confidence which the justice of our cause will inspire.
With respect to a war with France, we do not wish it, because we shall thereby become parties in a contest, which it has been the uniform policy of all the different administrations to avoid. In France such a measure is not deemed improbable, at least there are many well informed persons in that country who calculate upon it, and to which they ascribe the sudden and immense rise of American and colonial produce throughout all France. But this great rise may have been occasioned by an expectation that Great-Britain would retaliate the blockading decree of the 21st November, 1806, which would produce almost the same effect upon American and colonial produce as war itself.
A few weeks we trust will relieve the publick mind from the state of suspense which has so long been kept.
Mr. MONROE left Fredericksburg on Monday morning last, of course he would arrive at Washington on Tuesday. We have the strongest hopes that the information which he will furnish will greatly aid the national councils in the measures they may adopt at this important crisis.
The British frigate Statira, Captain Bromley, having on board his excellency G. H. Rose, Envoy extraordinary from Great Britain to the United States, arrived in Hampton Roads on Saturday.
Advices have been received at New-York via Lisbon, which state that 4000 British troops had landed and taken possession of the island of Madeira, by consent of, it is said, of the Portuguese government.
The brig Sumner, captain Brown, of this port, whose capture by a French privateer we noticed some time since, has at length been heard from.—The supercargo returned here on Wednesday last.—This vessel was carried into Omoa, a port on the Spanish Main, and there condemned with her cargo for a breach of Buonaparte's blockade, of the 21st November. The Sumner was from Jamaica bound to this port. So much for "Je pense."
The following interesting extract of a letter was received by a gentleman in this place from his correspondent in Lisbon, dated the 31st of October, and politely handed us—
"Yesterday a courier arrived from France, bringing the disagreeable intelligence, that our Ambassador had left Paris the middle of this month. The Count da Ega, our Ambassador to Spain has also left Madrid. Twenty five thousand men are on their march against this country, the advance guard of which was expected to arrive at Burgos yesterday. On the 10th of November the Spanish and French armies are to march from Salamanca, the place of rendezvous. General Junot, (late minister at Portugal) is appointed general in chief; Laborde and Clement, junior, are generals of division. The requisition of soldiers and seamen is exercised with utmost strictness and energy. The Provinces are without troops, most of which are drawn towards the capital. The lieutenant generals Gomes, Freire, Marquis D'Alorna and Francis da Cunha, are appointed the generals to command the troops of Portugal. Anthony de Araujo Azevedo (minister for foreign affairs) left this place yesterday for Madrid to negotiate with general Junot.
The packet from Falmouth arrived this day, and left the mail, as they must hereafter do, without the Bar. Twelve sail of the line and five frigates British, are off the Bar at this moment, with what intention is not known, perhaps Lisbon is to share the fate of Copenhagen.
"Our ships of war are still preparing. An embargo has been laid on all the Brazil ships, to carry troops and warlike stores in case the Prince Regent determines to go to Brazil. All the plate belonging to the churches and convents have been inventoried, and is to be deposited in the royal treasury, that it may be shipped at the approach of the French army."
Died at Hampton on Tuesday last, Mr. MASON PARRY, a respectable inhabitant of that place.
National Intelligence, Extra.
Washington City, December 22.
Congress this day passed the following act. Having received the sanction of the president so late as 2 P. M. we can only further add that it passed in consequence of a message from the president, to the senate—yeas 22—nays 61 and in the house of representatives, yeas 82—nays 44.
AN ACT Laying an EMBARGO on all ships and vessels in the ports and harbours of the United States.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That an embargo be and hereby is laid on all ships and vessels in the ports and places within the limits or jurisdiction of the United States, cleared or not cleared, bound to any foreign port or place; and that no clearance be furnished to any ship or vessel bound to such foreign port, except vessels under the immediate direction of the president of the United States; and that the president be authorised to give such instructions to the officers of the revenue and of the navy and revenue cutters of the United States, as shall appear best adapted for carrying the same into full effect. Provided, That nothing herein contained shall be construed to prevent the departure of any foreign ship or vessel, either in ballast or with goods, wares and merchandise, on board of such foreign ship or vessel when notified of this act.
Sec. 2. And be it further enacted, That during the continuance of this act, no registered or sea-letter vessel, having on board goods, wares and merchandise, shall be allowed to depart from one port of the United States to another within the same, unless the master, owner, consignee, or factor of such vessel shall first give bond with one or more surety to the collector of the district from which she is bound to depart, in a sum of double the value of the vessel and cargo, that the said goods, wares, and merchandise shall be re-landed in some port of the United States, dangers of the seas excepted; which bond, and also a certificate from the collector where the same may be re-landed, shall by the collectors respectively be transmitted to the secretary of the treasury. All armed vessels possessing publick commissions from any foreign power are not to be considered as liable to the embargo laid by this act.
BALTIMORE December 22.
Letters are stated to have been received in this city to-day, from highly respectable sources in Spain, which inform, that the King of Spain, with all the royal family, and several of the nobility supposed to be most attached thereto, have been imprisoned by order of Bonaparte; and that the Prince of Peace was the medium through which the act has been committed.
The above report reached us too late to allow time for tracing it to its source—but we have little hesitation to say that letters have been received containing matter of which the preceding is the substance; whether correct or incorrect time will unfold.
December 23.
For several days we have been without advices from Washington, by which we can form any opinion on the state of affairs. The arrival of Dr. Bullus with dispatches is said to have created a considerable sensation at the seat of government. As it relates to our negotiations with England, things will remain in statu quo until the arrival of Mr. Rose, who is hourly expected. Mr. Monroe's arrival will serve to throw some new light on the dispositions of the British cabinet towards us, while the dispatches of gen. Armstrong may possibly relate to the state of our negotiations with the court of Spain, together with an explanation of his reasons for the advice given to our consuls in France and Holland, pressing the immediate departure of all American vessels from French and Dutch ports. The frequent discussions in the house of Congress with closed doors lead us to believe the communications which produced them to be of the highest importance, and of a nature which may produce a line of conduct to be pursued by the executive in the negotiation which will take place on the arrival of the British minister.
NEWPORT, December 10.
The following is a copy of a circular letter from the American minister at Paris to the American consuls in France and Holland, the authenticity of it may be depended upon.
"PARIS, October 6.
"Sir, The imperial decree of the 21st Nov. last is about to be literally executed; orders for this purpose have (I am credibly informed) been sent to the departments of marine and council of prizes. The moment this fact is known in England it is to be presumed it will have the effect of letting loose the ships of war and cruizers of that nation on such part of our commerce with this country, Spain, Holland, &c. as may be found within their reach. Under these circumstances it is at least prudent that our ships and other vessels now in Europe should return as rapidly as possible to the United States, and I accordingly invite you to the adoption of such measures as are best calculated to hasten the return of those which may be found within the limits of your agency. Accept assurances," &c.
Extract of a letter from the Grand Judge, Minister of Justice, to the Imperial Attorney-General for the Council of Prizes:
PARIS, 18th Sept. 1807.
(Translation.)
Sir—I have submitted to his majesty, the emperor and king, the doubts raised by his excellency the minister of marine and colonies, on the extent of certain dispositions of the imperial decree of the 21st November, 1806, which has declared the British Isles in a state of Blockade.
The following are his majesty's intentions on the points in question:
Q. May vessels of war, by virtue of the imperial decree of the 21st Nov. last, seize on board neutral vessels, either English property, or even all merchandise proceeding from the English manufactures or territory?
A. His majesty has intimated that as he did not think proper to express any exception in his decree, there is no ground for making any in its execution, in relation to any whomsoever—(a l'égard de qui ce soit etre.)
His majesty has postponed a decision of the question whether armed French vessels ought to capture
neutral vessels bound to or from England, even when they have no English merchandise on board.
New-York, Dec. 16.
Last evening the brig Comet, Mix, arrived at this port, in 30 days from Nantz, and capt. M. has favoured the editor of the Mercantile Advertiser with a file of Paris papers to the 7th Nov. which do not contain any news of importance.
Capt. Mix left Nantz the 13th Nov. (and the River the 16th) and informs us, that soon after the arrival of the U. S. sch'r Revenge, from England, Mr. Armstrong, the American ambassador at Paris, sent a circular to all the American consuls in France, requesting them to recommend the captains of American vessels to depart without delay, but did not state his motive for so doing—Capt. Mix sailed immediately in consequence of Mr. Armstrong's notice.
Mr. Patterson, the American consul at Nantz informed capt. Mix that he was not under any apprehension of an embargo being laid upon the American vessels in French ports; but that he supposed Mr. Armstrong's note requesting the American vessels to depart as soon as possible, was under the idea, that the British cruizers would immediately receive orders to capture all American vessels coming from or going to French ports.
December 17.
We have been favoured with the sight of a letter from a respectable source in London, of the 10th ult. which contains the following important passage:—
"We have it through a channel of confidence, that the cabinet have come to a determination to declare the whole of the ports of France, Holland, and their dependencies, (with the exception of the Baltic) in a state of blockade. Ships having first touched in a port in this country are to be excepted, and are to be permitted to proceed under licence.—The colonies of the enemy are not to be put under a state of blockade; and neutrals are still to be carriers, first calling in a British port, and paying a duty. These we believe are the outlines. The Proclamation will be in the Gazette of Saturday (Nov. 14.)—From various circumstances, we have no apprehension whatever of a war with America.
PHILADELPHIA, December 18.
ANOTHER ATTACK ON THE JUDICIARY.
The following resolution, was, on Tuesday last, laid on the table of the House of Representatives of this State by Dr. Leib:
"Resolved, by the Senate and House of Representatives of the commonwealth of Pennsylvania, "That the Senators of this state in Congress be instructed, and the Representatives be requested to have the Constitution of the United States so amended, as to render the judges of the courts of the United States responsible, by a provision; "that they shall hold their offices for a term of years; "that they shall be removable by the President of the United States, on an address of the two branches of the federal legislature, and that on arraignment for high crimes and misdemeanors, a majority of the senate shall be competent to a conviction."
RICHMOND, December 22.
Latest Proceedings.
Yesterday, the House of Delegates postponed to a subsequent day, the discussion of Mr. Gholsen's resolutions.
The following Address was offered by Mr. Semple. Resolved, That the following address be signed by the Speaker and forwarded to col. James Monroe.
"Sir, The house of delegates most cordially congratulate you on your return to the bosom of your country, after an absence of almost five years.—Whilst you have been labouring in European courts to secure and preserve to us the advantages of peace and to avert the calamities of war, we have been enjoying the fruits of your labour, and all the blessings which flow from republican institutions and a wise and virtuous administration.
"When we take a view of the unceasing efforts you have made for thirty years past, to promote the publick good, and the many and important services you have rendered to your country in the field and in the cabinet; when we reflect on your undeviating attachment to our republican institutions and the liberties of our country; your stern and inflexible integrity and patriotism, your distinguished talents and energy of character, we are proud to own you as our fellow citizen and to return you the thanks of a grateful people."
Mr. Noland moved to strike out the words "wise and"—expressing a willingness to vote for the resolution and address if this amendment should be made.
With a wish to procure an unanimous vote, Mr. Watson proposed to enlarge the amendment by striking out the words "and a wise and virtuous administration"—In this motion, with the same object in view, he was supported by several other friends of the administration.
The question on striking out the above words was taken by yeas and nays.—In favour of striking out 19—Against 141.
The question was then taken by yeas and nays on the address as moved by Mr. Semple and passed in the affirmative—Yeas 143 nays 29.
BAR ELOQUENCE.
[The following is an extract from a speech delivered by Mr. George Griffin, a young lawyer of New-York, at the trial of the suit of Martiarin Livingston, vs. Cheetham, for a libel.]
"Yes, gentlemen, the defendant has forced the press to become the disturber of domestic quiet—the assassin of private reputation: Our press, gentlemen, was destined for other purposes. It was destined not to violate, but to protect the sanctity of private rights: It was kindly ordained by a beneficent providence to inform, expand and dignify the publick mind. It was ordained to be the watchful guardian, the undaunted champion of liberty: not that syren word liberty, which is sometimes used as an ignis fatuus to allure mankind through the mire and swamps and mountains and precipices of revolution;—but that liberty which spreads the banners of its protection over man in the walks of private life, and gives him the proud consciousness of security in the enjoyment of property, person and character. It is for these high purposes that our press was ordained; but the defendant has rendered it the degraded vehicle of foul defamation. Of this I cou-

plain, not merely as counsel for the plaintiff, but as the humble advocate of my country. This is a crime against liberty itself. It is corrupting her sentinel: it is debauching her vestal. There was a time when the press of our country had an exalted character: when at the call of the press the American pulse beat high: when the press was capable of stirring the best blood in American veins: of rousing a nation to glorious enthusiasm: of falling from the plough the ploughman, from the close the scholar, from the haunts of conviviality the man of pleasure, to fight with a Washington and a Hamilton the immortal battles of American independence. Why had the press this resistless influence? Because it was then the vehicle of truth. It is published in the newspaper was a short exclamation sufficient to silence the cavils of the casuist, and remove the doubts of the sceptic. But now our press has lost its character for veracity. The demon of party has forced it to become a prostitute in the service of licentiousness. It requires the avenging arm of a jury to redeem it from its degradation and restore it to its pristine utility and grandeur.
"In the attack on the character of the plaintiff, we are constrained to admit that the defendant has been but too successful. When so much is said, something will be believed. Constant attrition wears away the solid rock. But character, gentlemen, is not made of rock. It is at once the most valuable, and delicate of all human possessions; it is tarnished even by too much handling: "the winds of heaven may not visit it too roughly." The plaintiff has been written down . Any man in society may be written down . No man is proof against the artillery of the press. But has it come to this? Shall the press of our country be indeed converted into a tremendous engine for writing down character? Why, gentlemen, if it is to be thus prostituted, instead of being a blessing, it would be a scourge. Instead of rendering national thanksgiving for its institution, our country ought to be on bending knees in fervent supplication to Heaven for its abolition. For it would be a scourge, compared with which, the inquisitorial wheel and revolutionary guillotine would be instruments of mercy."
"I am one of those who believe that the heart of the wilful and the deliberate libeller is blacker than that of the high-way robber, or his who commits the crime of midnight arson. The man who plunders on the high-way, may have the semblance of an apology for what he does. An affectionate wife may demand subsistence; a circle of helpless children raise to him the supplicating hand for food. He may be driven to the desperate act by the high mandate of imperative necessity. The mild features of the husband and the father may intermingle with those of the robber and soften the roughness of the shade. But the robber of character plunders that which "not enriches him," though it makes his neighbour "poor indeed." The man who at the midnight hour consumes his neighbour's dwelling does him an injury which perhaps is not irreparable. Industry may rear another habitation. The storm may indeed descend upon him until charity opens a neighbouring door: the rude wind of Heaven may whistle around his uncovered family. But he looks forward to better days: he has yet an hook left to hang a hope on. No such consolation cheers the heart of him whose character has been torn from him. If innocent, he may look, like Anaxagoras, to the heavens; but he must be constrained to feel that this world is to him a wilderness. For, whether shall he go? Shall he dedicate himself to the service of his country? But will his country receive him? Will she employ in her councils, or in her armies, the man at whom the "slow and moving finger of scorn" is pointed? Shall he betake himself to the fire-side? The story of his disgrace will enter his own doors before him. And can he bear, think you, can he bear the sympathising agonies of a distressed wife? Can he endure the formidable presence of scrutinizing, sneering Amesicks? Will his children receive instruction from the lips of a disgraced father? Gentlemen, I am not ranging on fairy ground. I am telling the plain story of my client's wrongs. By the ruthless hand of malice his character has been wantonly massacred; and he now appears before a jury of his country for redress. Will you deny him this redress? Is character valuable? On this point I will not insult you with argument. There are certain things, to argue which is treason against nature. The author of our being did not intend to leave this point afloat at the mercy of opinion, but with his own hand has he kindly planted in the soul of man an instinctive love of character . This high sentiment has no affinity to pride. It is the ennobling quality of the soul: and if we have hitherto been elevated above the ranks of surrounding creation, human nature owes its elevation to the love of character . It is the love of character for which the poet has sung, the philosopher toiled, the hero bled. It is the love of character which wrought miracles in antient Greece: the love of character is the eagle on which Rome rose to empire. And it is the love of character animating the bosom of her sons, on which America must depend in those approaching crises that may "try men's souls." Will a jury weaken this our nation's hope? Will they, by their verdict, pronounce to the youth of our country, that character is scarce worth possessing?
"If these considerations are disregarded, let the jury respect at least the publick peace. Let them not drive the delinquent to madness: Let them not compel him to become the avenger of his own wrongs—to seize with his own hand the sword of justice. I wish to be understood: I allude not to this particular case, but speak in general terms. We read of that philosophy which can smile over the destruction of property—of that religion which enables its possessor to extend the benignant look of forgiveness and complacency to his murderers. But it is not in the soul of man to bear the laceration of slander. The philosopher which could bear it, we should despise. The religion which could bear it, we should not despise—but we should be constrained to say that "its kingdom was not of this world. Man when calumniated will have redress—he ought to have redress. And if when he enters the temple of justice, and spreads before a jury his bleeding character, they insult him with mere nominal damages; if they stamp on the record the tormenting declaration, that his character is worth little or nothing—he will not again enter the sanctuary of justice for redress. When injured, he will not go there to be insulted. He will resort to surer means of satisfaction. He will resort to what are called honourable means :—or to assault and battery—or to the destruction of property;—or to the midnight dagger."
From the Quebec Gazette. G. P. Gulf of St. Lawrence, Dec. 13th, 1807. Amongst the earliest objects of the government committal to his charge, that attracted the attention of his excellency the Governor General and Governor in Chief on his arrival here, it was with singular satisfaction that he received the reports of the state and condition of the colony at the expiration of the strips that had been taken with regard to the majesty's person and government, of seal for his service, and of readiness to stand forward in defence of the colony, that had so universally shown themselves among all ranks on the occasion. These sentiments as they reflect honour on the brave inhabitants of the province, have been properly noticed and acknowledged by the hon. the president, who was at the time in the administration of the government, by his order of the 9th Sept. and they will now have the further satisfaction of knowing, that he has not failed in doing them the justice of impressing upon the minds of the governor-general that favourable opinion of them, to which their conduct has given them so good a claim.
Among the particulars of the several reports of the inspections that have been laid before him, it was with much concern that the governor found his notice drawn to a very gross instance of misbehaviour and insubordination in the parish of L'Assomption, in the district of Montreal. Upon enquiry, he learnt however, that this outrage, as subversive of all discipline, as of the publick peace, had been immediately suppressed, and that the person concerned, having been brought to trial before the courts at Montreal, were now suffering the punishment to their demerits, under a sentence of twelve months imprisonment each, in addition to the several fines of ten and five pounds, in proportion to the degrees of their respective criminality.
Brought to a sense of their misconduct, and under every impression of contrition for their past errors, and of the obligation of atonement by their future behaviour, these culprits have now thrown themselves upon the lenity of his majesty's government, and implore that mercy which they know is so liberally extended, where the object can shew a claim to it.
Their petition to this effect, backed by the recommendation of the majority of the judges before whom they were tried, and who certify as to their present appearance of repentance, and by the colonel of the district to which they belong who urges the sufferings of their numerous families, has been presented to the governor, and his excellency having taken it into consideration, has thought himself permitted, in this instance, to overlook the faults of a few where they are so amply covered by the general merit, and he has accordingly directed, His majesty's pardon to be made out for the persons in question.
In making known this instance of the forbearance and lenity of his majesty's government, his excellency has in view, a more particular communication of his sentiments with respect to the militia establishment of the province, and of the expediency he feels that it be kept up, with every possible attention to its organization, and the best degree of discipline of which it is susceptible. Every one must be sensible, that upon these, must depend upon its efficiency in resisting the hostile attacks of an enemy, and every one must feel a pride, in owing to himself alone, his own safety, and the protection of his wife, his children, and his property. That this laudable spirit pervades through the inhabitants of Canada, their exulting acclamations when lately called upon, has loudly proclaimed; and his excellency has no doubt that an invading enemy, if such should present himself, will find it verified to his cost; they will fly with alacrity, to the depots of arms, that are arranging for their use—and they will employ them with a courage, becoming the cause in which they will be engaged.
His excellency has the most perfect confidence, that the laws of the country, will at all times meet the most ready submission. The wisdom of the legislature has pointed out the duties of the Militia, and if any thing further is found wanting to give it all the energy, and array it in the best form, of which it is capable, it will be sought for in the same source. In the mean time, the brave Canadians, of every description will rest in tranquil reliance on their prudence, and to the vigilance and care of the executive part of the government.
But his excellency the governor, further thinks it right to embrace this opportunity of earnestly exhorting the inhabitants in general, to be on their guard against the treacherous arts, and insidious language of emissaries who will doubtless be employed to seduce them from their duty. That such will be dispersed among them there is little doubt. But they will have little weight among a happy and contented people, who feel every moment of their lives, the protection and blessings that they enjoy, under the British government. They will scorn with contempt and abhorrence, at the traitors who would lead them to swerve from the sentiments of honour and duty, which now actuate them in their attachment to their king, and they will only feel more determined in their resolution, to shed the last drop of their blood in defence of his government, and in the protection of their wives, their children, and their property.
In order, however, more effectually to prevent the bad effects, that might probably attend the efforts of these people, among the young and ignorant, who are always credulous from inexperience, and frequently misled because unsuspicious of the design which they are addressed, his excellency the governor earnestly recommends, that all well disposed militia men in the province do carefully watch over the conduct and language of such strangers as may come among them, and wherever these are of a nature to carry with them a well grounded suspicion of any evil intentions, they do immediately apprehend, and carry them before the nearest magistrate, or militia officer, in order that they may be dealt with according to law.
The portion of the militia, amounting to one fifth, directed to be ballotted for, by his honour the president, is to continue to hold itself in readiness, to assemble on the shortest notice.
J. H. CRAIG, Governor. To Col. DAWY, Adj. Gen. of the Militia of Lower Canada.
10,000 bushels coarse SALT, on board the Ship Eliza, for sale. Apply to C. & F. Whittle.
CONGRESS. HOUSE OF REPRESENTATIVES. Thursday, December 10th. Mr. MASTON, President pro tem. took the chair. The House proceeded to the consideration of the report of the committee on the petition of the trustees of the University of Vincennes, in the Indiana Territory, in relation to the grant of land to said University. The committee reported that a small sum may be laid on salt, to be paid into the treasury, for the use of said University, and also on licenses to Indian traders, for the support of said University. The House, on the report, concluded as follows: Resolved, That ample provision having already been made for the support of publick schools and seminaries of learning, in the Indiana Territory, the memorial of the trustees of the University of Vincennes is unreasonable and ought not to be granted.
Mr. FINDLEY, from the committee of elections, made a report on the petition of Duncan McFarland, contesting the election of John Culpepper, (representative from North Carolina.) The report concludes as follows: Resolved, That from the testimony laid before, and admitted by the committee, it appears, that John Culpepper, (the sitting member) is not entitled to a seat in this house. Referred to a committee of the whole on Tuesday.
[MEDITERRANEAN FUND AND TAX ON SALT.]
Mr. G. W. CAMPBELL observed, that it would be recollected by the house, that at the last session a law had been passed repealing the duties on salt; part of that duty had ceased for some time, and the remaining duty of 8 cents per bushel would also cease in a few days. It would be recollected that the duties called the Mediterranean Fund would also expire on the first of January next. In the letter of the secretary of the treasury, laid before the house at the commencement of the present session, it would be found that these duties were mentioned as the most proper to be resorted to, in case of necessity. He therefore offered the following resolution:
Resolved, That the committee of ways and means be instructed to inquire into the expediency of continuing for a limited time the duties of imported salt, and of continuing in force for a limited time the law imposing the duties called the Mediterranean Fund; and that they have leave to report by bill or otherwise.
Mr. M. CLAY moved to strike out that part of the resolution relating to salt.
Mr. CAMPBELL would merely suggest, that when the house were drawing such large sums of money from the treasury as they were now doing, it was high time to devise some method of bringing money into it. Besides, the non-importation law had expired, and this would certainly have an effect upon the revenue.
Mr. DANA said as the resolution merely proposed an inquiry, he could see no impropriety in it.
Mr. LLOYD thought it useless to refer a subject, upon which they were determined not to act. The tax on salt had produced a clamour from one end of the union to the other: he had heard it used, and had used it himself as an argument against the late administration. As for himself, he would sooner see the treasury empty, and our ports undeveloped, than vote a single cent as a tax on salt. With respect to the Mediterranean fund, he had no objection to continue it, although all the articles included in that fund, were not luxuries, and some of them might perhaps be struck out.
Mr. CROWNINSHIELD had always considered the duty on salt as an oppressive duty, because it was far disproportioned to other duties. But in referring the subject to the committee of ways and means, the house did not pledge themselves to vote for the continuance of that tax. For his part, he would rather see a duty of 5 per cent. imposed on articles now paying an ad valorem duty. But if the country wanted money, he should not object to taxing any article of merchandise; and if it was necessary in defence of our rights, he was persuaded the people would cheerfully pay it.
Mr. MACON would go as far as any man in the house in case of extremity. But as he considered the salt tax as more oppressive on the poorer class of citizens than any other that could be formed, he would rather vote for a poll tax. If a tax is laid on salt, provision would also have to be made for salt provisions exported. He had hoped never to see this subject brought before the house again. No tax had ever caused so much dissatisfaction. If the house were determined not to act upon it, he could see no reason for going into the inquiry. If money must be collected, it would be more agreeable to him to double the Mediterranean fund.
Mr. ALSTON said that if the state of things was such as not to justify the continuance of the salt tax, the committee would not recommend it; but if it should happen that all our other sources of revenue should be struck off the list, it would certainly be necessary to resort to this tax.
Mr. M. CLAY remarked, that gentlemen said this was only an inquiry. An inquiry into what? Into a subject which had been before the house ever since the commencement of the government. It was well known that in the time of war salt was extremely scarce; he had seen the time when a bushel of salt would command a bushel of tobacco, which was the yearly labour of a prime hand. If gentlemen persisted in this resolution, he would certainly move to have a tax imposed on salt manufactured within the United States; and he had no doubt the gentlemen from the western country would second him in that motion! Salt manufactured at the saline works of the United States in that country paid there for about 75 cents a bushel; and when brought across the Alleghany, it would sell for about four dollars. He hoped the house would not consent to continue one of the most exerable taxes ever imposed.
Mr. SLOAN said that the constituents of the members from the western country never paid a cent on the salt tax; but it greatly affected his constituents, and they had ever considered it as one of the most oppressive taxes that could be laid. He was against the reference of the resolution.
Mr. FINDLEY was also opposed to the resolution. He remembered the time when the want of salt occasioned a great mortality among cattle and sheep. He thought the most proper time to lay a tax on salt was a time of war, and not of peace.
Mr. SOUTHARD said, that if this inquiry was gone into, it would induce the merchants to raise the price of salt immediately, under the idea that the tax would be continued. He was opposed to any tax on salt, because in time of war it would be unproductive, and in time of peace it is necessary.
Mr. QUINCY said it was true, that this tax had
been in use since the war, and had been found very productive. It was a tax on a necessary article, and would be paid by the consumer. He was in favour of the resolution.
Mr. RANDOLPH spoke against the remaining part of the resolution (contending that according to the official report of the secretary of the treasury the receipts of the current year would be sufficient to meet its expenses) and Messrs. G. W. CAMPBELL, ALSTON, SMILEY, and MONTGOMERY (all members of the committee of ways and means) against it.
The question was then taken by ayes and noes on it, and it was agreed to, ayes 107, noes 14.
The house then adjourned.
Gazette Marine Memoranda.
ARRIVED. Brig Nancie, Barclay, 21 days from Montego Bay, (Jamaica), Rum, Calcutta & Veal.—Sailed in company with Brig Caroline, Mansom, of and bound to Bath.—Left at Montego Bay, ships New-York, Moncrief, of New-York, to sail in 12 days; Favorite, Mackie, of duty to sail next day.—Brig Catharine, Stewart, of Norfolk, and Edward, of New-York, just arrived. The sct. Bellona, Knight, of Norfolk, from Kingston bound to New-York, put into Montego Bay in distress, captain sick, and vessel leaky; was waiting for orders from Kingston. Brig Fame, Stone, 15 days from St. Kitts, Rum, Moses Myers. Brig Ann, Forsyth, 17 days from St. Bartholomews, Sugar, Edward Roberts.—Left there schooner Tickler, Garrow, of this port, to sail in 20 days.
On Tuesday the 29th instant, at my Office, at 12 o'clock, will be sold on a credit of 2 and 6 months, for approved paper, the entire CARGO of the British schooner Commerce, from Jamaica, consisting of 89 hhds. 60 bbls. 30 bags Jamaica SUGAR. Wm. B. Lamb.
December 23 First quality Jamaica COFFEE. Just received and for Sale, 77 tierces and 24 barrels prime Green COFFEE. James & Thomas Tucker.
December 23 Silk and Fancy GOODS. For Sale at the Store of Mr. Edwin Stark, Main-Street, a small assortment of Plain and plaid Silk; plain and figured Ribbons; Black, Modes and Saranette Silk Damask and Serged Shawls; Ladies' and Gentlemen's Silk Stockings; Thread Laces and Fancy Trimmings; a small parcel of Gold Combs, Ear-Rings, Breast-Pins, &c. &c. The above will be sold very low for cash if applied for immediately. December 23.
For RENT, (Possession to be had the 1st of January.) The STORE-ROOM on Commerce and Water-Street, lately occupied by Mr. Edward Clarke, it may be had with or without a Room in the second story—it is very spacious, may be immediately accommodated for stock stores, and will be rented in that manner if preferred. For terms apply to John Nivison.
December 23. For RENT, (And immediate possession given.) The Brick-House, Store, and Cellars, at the corner of Gilbert's Lane, on Main-street, near the market, an excellent stand for a Dry Good or Grocery Store. Apply to Niemeyer & Von Kapff.
December 23. At the Old CUT-NAIL Manufactory, corner of Main and Church-streets, the subscriber keeps on hand constant supply, and can furnish at short notice, any quantity of Nails, Flooring Brads and Sprigs, At the following reduced prices, by the bag or cask only, viz: 8, 10, 12, and 20d Nails and Brads at 7 1/2 cts. lb. 4d. Nails, do. 3 3/4 cts. do. 3d. Nails, do. 3 1/4 cts. do. Screws, do. 7 1/2 cts. lb. 6d. Sprigs, do. 6 1/4 cts. lb. 8d. do. do. 8 1/4 cts. do. 10d. do. do. 10 1/4 cts. do. He offers also for each only— HOOP IRON ASSORTED. Thos. Seaman.
Office Discount and Deposit, Bank of Virginia, Norfolk, Dec. 14, 1807.
Arrangements being made for paying at this office Dividends on Shares in the Bank of Virginia, such Stockholders as wish to avail themselves of this advantage, are requested to call here before the 15th January, and sign a power of attorney for that purpose. Thomas Williamson, Cashier.
NOTES OF HAND
According to the new form established by the Department of the Office of Discount and Deposit of the Bank of the United States, for sale at this office.
NOTES for the Virginia Bank; Checks; Bills of Lading, and of Exchange, printed on paper of superior quality; and Shipping Articles on large paper, and approved form. Ernest Orridge.

St. Mary's College GRAND LOTTERY. The Trustees of the College of St. Mary's, in the City of Baltimore, have the honor to announce the drawing of the Grand Lottery, which will take place on the 21st day of December next, at the City Hall, Baltimore. The Lottery will consist of 10,000 Tickets, at the price of one Dollar each. The Prizes are as follows: 1 prize of 50,000 Dollars, 1 do. of 15,000 3 do. of 10,000 2 do. of 5,000 3 do. of 1,500 1 do. of 1,000 Not two blanks to a prize, and the lowest prize twelve dollars. The Scheme contains only 27,500 Tickets; 10,000 of which are actually sold to a company of gentlemen in New-York, to whom the managers have obligated themselves to commence the drawing in the City of Baltimore, on THURSDAY, the 31st day of December next, and to draw 500 tickets per day. Tickets and Shares are now selling in a variety of numbers, and very rapidly at Ten Dollars and an half each, for a very short time, at G. & R. WAITE'S truly fortunate Lottery Office, corner of Market-Street and Charles-Street, Baltimore. The grandeur of the Scheme of the above Lottery, together with the assurance from the managers that it will positively commence drawing on the 31st day of December next, have been a sufficient inducement for the subscribers to come to the City of Baltimore, for the express purpose of facilitating the sale of the Tickets. G. & R. Waite.
Who has for Sale on board and ship, 500 tons SALT, loose and in sacks, 60 Crates well assorted Queen's Ware, and a quantity of Starch and Soap. December 14.
For Sale, Freight, or Charter. The American Ship MINERVA, Henry Keefer, master, burthen 400 bbls. tobacco will be ready to receive a cargo in ten days — Apply to Alexander Leckie, or Thomas Willock.
Who have for Sale on board, 8000 bushels Liverpool SALT. December 4.
For Sale, Freight, or Charter. The fast-sailing brig ANN ELIZABETH, burthen 173 tons, in complete order for the reception of a cargo. For terms apply to John Brown, Marsh's wharf.
For Sale, Freight, or Charter. The ship WILLIAM & MARY, burthen 430 tons, or 2100 barrels, now ready for the reception of a cargo. Apply to Solomon Bedinger. October 28.
Scotch Coals and Empty Bottles. 100 tons of the former and 200 crates of the latter, imported on the ship industry from Glasgow—For Sale by William Pennock. Who offers The said SHIP, burthen 260 tons, for Charter. October 7.
Liverpool SALT and COAL. For sale on board the ship Jane, William Colley, master.— Apply to the subscriber, William Pennock. Who offers said SHIP, burthen 420 tons, and the ship COURTNEY, burthen 200 tons for charter. October 3.
FOR SALE, On board the schooner Adventure, from Philadelphia, at Maclure's wharf, Buck-Wheat MEAL in half MEAL in half barrels; A few boxes Cheshire and a few barrel-Beer. Dec. 21.
89 hhds. 60 bbls. 70 bags Jamaica SUGARS, 40 hogsheads Antigua Sugar, 10 do. Rum, 10 do. Jamaica Rum, 10 pipes Madeira Wine, 20 cases fresh Madeira, 4000 bushels coarse Salt, 1000 cases made Check Shirts, 100 bbls. New-York Pork, 10 hogsheads Tobacco, suitable for the West-India market, 50,000 W. Bafra Coffee. For Sale on liberal terms by C. & F. Whittle. Who Want, 2 to 5000 bushels black-eyed PEASE. December 21.
FLOUR—A-Route. 500 barrels superfine FLOUR, Rich- mond and Fredericksburg inspection. Rowland & Triplett. In Store, Family FLOUR of superior quality, 24 & 25 casks of good BUTTER. Dec. 21.
NOTICE. A meeting of the Pew-Holders and Members of Christ Church, is requested on Monday, the 4th day of January next, at 11 o'clock in the forenoon at the Church. The Trustees. December 21.
SHERRY WINE. This Day landed from the Schooner Adventure, Capt. Penn, from Philadelphia, 25 gr. casks choice old Sherry WINE, marked D. G.—For Sale by Fish & Catlett. December 21.
THE SUBSCRIBER Begs leave to inform the publick, that he makes and has for sale the following articles: American, French and German Cakes, Loaf Cakes, Almond and Raisin do. Mincemeat and Mincemeat do. Jams and Marmalades, and many others too nume- rous to mention here. The best of all sorts of Pies, Sweet Cramberries and Apple Tarts, Puffs, and all kinds of Pastry. For preservation—Sausages, Goose and Turkey Legs pre- pared in every style, Bologna Sausages, and every sort of Sausages. The above articles with their commands may rely on being served with punctuality, by DENNIS, No. 30, Church-Street.
St. Mary's College Lottery of Balti- more. Will commence drawing on the 21st instant, when the price of Tickets will be advanced. It is recommended to those wishing to subscribe to apply immediately—Tickets now selling rapidly at Ten Dollars, and are not remaining for sale by Rowland & Triplett. December 16.
Landing at Newick's wharf the cargo of the ship L. D. DUNN, Samuel Bowley, master, from New- Haven, consisting of Pork, Beef, Cheese, Hay, and 10 do- zen Brooms. For Sale by Jennings & Rodney. November 18.
For Sale. 3 cases only of superior PIGEON- WINE CHAMPAGNE. Apply to the subscriber at No. 10, Market- Street.
WOOD & PAINTINGS. No. 70, Market-Street. Have just received an additional supply of Simple and Fancy GOODS, Among which are Black Silk Velvet; Tabby, do.; Black Silk Floren- tine; Silk Handkerchiefs; do. Fancy Shawls; Convex Na- vy Buttons; fashionable Coat do.; a variety of French Goods; 2 trunks Cambrian Muslins; 2 cases Linens; 2 bales Cotton Checks; 1 do. Gilla Handkerchiefs; 5 do. India Cottons, assorted, some very fine for Shirtings; a variety of Woollens. They have also on hand a general and extensive assort- ment of WOOLLEN GOODS. Every description of fancy Muslins and Dresses; Velvets; Constitution and President's Coats; Dimities; Carpets; Hosiery, &c. &c. On consignment, just received, Hussar and Backstrap BOOTS; La- dies' Kid and Morocco Shoes; Mens' coarse do.; coarse and fine Hats. The above GOODS will be sold at very reduced prices for CASH, or undoubted credit, by wholesale and retail. December 11.
Baltimore Baker's FLOUR, of superior quality, for family use, for sale by T. & W. A. Armistead, Campbell's wharf. Nov. 18.
The Subscriber offers for Sale at his Store in Market- Square, 20 hogsheads W. I. RUM, 10 pipes Cognac Brandy; 5 do. Country Gin, Sugar—Brown and Loaf, by the barrel or hogshead, Tea—Imperial, Hyson, and Young Hyson—Also, A parcel of DRY GOODS, Consisting of Woollens, Calicoes, Hats, and Hardware. In addition to the above, he intends keeping a constant supply of PORK and BEEF. Bread—Pilot, Navy, and Ship, of the first quality—Fam- ilies may be supplied with small quantities of Pilot Bread, of a superior quality. Cordage of any size or description for negotiable notes or West-India produce. Any orders for the above articles, will be complied with at the shortest notice. Cary Selden. Nov. 23.
Norfolk Drawbridge Company. An annual meeting of the Stockholders in the Norfolk Drawbridge Company, will be held at the Exchange- Coffee-House on Monday the 11th of next month, at 10 o'clock. William Cammack, Treasurer. December 14.
For RENT, That commodious Dwelling-House on Catharine-Street, now in the occupancy of John D. Hal- dane—possession to be had the 1st day of January next en- suing—Terms made known by application to John Camp. December 11.
For SALE, 73 punch. choice Antigua RUM, 30 do. Grenada do. 600 bushels CORN, 80,000 drawn White and Red Oak STAVES, 60 barrels Pork. George Wilson. November 4.
FOR SALE, 50,000 white oak hogshead draw Staves 50,000 red do. 90,000 rough do. 80,000 Cypress Pales 2,000 Cedar and Chinquepin Posts 50,000 building Shingles. Proby, Harman & Co. March 2.
For SALE, Imported in the Gallio Fortune, captain Norton, from Te- neville, 100 pipes and 90 hhds. L. P. Tenc- rifle WINE, of superior quality. Apply to Phinehas Dana. September 28.
Coarse Liverpool SALT, For Sale on board the Ship Courtney, capt. Bryant, lying at my wharf. Apply to William Pennock. Who has on hand, Liverpool Blown and Cadiz SALT. September 16.
Landing from the ship Planter, and for sale at the subscriber's, at a low advance, A PARCEL OF Woollens, Bed Ticks, Hosiery, and other GOODS. Thomas Blanchard. September 28.
NOTICE. I am again compelled to solicit all those indebted to the estate of PHILIP COLLINS, deceas- ed, to make immediate payment, as no longer indulgence can be given. Jane Collins, Admr'x. December 9.
WANTED for the Ship Sheffield, A CARPENTER; also, two young LADS, from 14 to 15 years of age, as apprentices, not to go in the cabin or to cook. Apply to Josiah Cowper. December 9.
For SALE, 4000 bushels Ground Alum SALT, And a few well-assorted crates of EARTHENWARE. George Murray, & Co. December 7.
Leather, Cordage, and Loaf Sugar. The subscriber will hereafter expose for Sale at his Warehouse on Campbell's wharf the above Articles, of the manufacture of Norfolk, at reduced prices for Cash, or on short credit only. Theo. Armistead. He will sell or lease for a term of years, the STORES at the end of Manders' and Rothery's wharves. Feb. 20.
THE SUBSCRIBER Has removed to the brick store at the head of Camp- bell's wharf, fronting said wharf and Wide Water- street, where he offers at wholesale or retail his as- sortment of Groceries and Ship Chandlery, Among which are 14 hogsheads Muscovado SUGAR, 1 do. and 6 barrels Loaf do. 5 do. Antigua, Jamaica, and Grenada Rums, 8 pipes French Brandy, 3 hhds. and 6 bbls. Rye Whiskey, 4 barrels Apple Brandy, 1 do. Peach do. 10 bags Coffee, Imperial, Hyson, Young Hyson, and Souchong Teas, Pepper, Pimento, and Nutmegs, Mustard, Sherry, and Port Wines, London and Philadelphia Porter, English Cheese, Bar Iron and Castings, Nail and Spike Nails, German Steel, Powder and Shot, Tar, Pitch & Turpentine, Paints and Oil, black and bright Varnish, Carravan Cordage, Nails and Spikes. Also just received, 20 boxes Lemons, 12 half bbls. Beef Tongues, 40 hds. Tongues and Hams, 40 kegs and 2 bbls. Salmon, 5 bbls. Mackerel, 12 cases Salted Oil, 1 cask Currants, 10 boxes Olives, Capers and Anchovies, 8 boxes Botted Capers and Peppers, 3 do. do. Pickled Peppers, 20 boxes Soap, 10 do. do. Candles, 80 barrels Alexandria Soap and fine Flour. John D. Haldane. July 31.
For RENT. And possession given the 1st of Jan. next, that commodious and well-finished DWELLING HOUSE in Church-Street, lately occupied by Mr. Fish. Rothery. And adjoining the said DWELLING HOUSE, with a fine extensive garden, in the Field near Smith's Point, as formerly occupied by Mr. Rothery, possession of which may be had the 1st of Jan. next. Application to be made to Wm. Plume & Co. Nov. 18.
Just received and for sale by the subscriber, from New-York, 4 half pipes 5 gr. casks old London particular Malt Whisky, 10 do. do. do. 20 kegs Black & Tan, 50 kegs Stout, 100 do. Mackarel, 50 do. Tompkins and Saunders' 90 do. do. 20 Bales Whisky, 10 Bales R. & R. Rum, 100 Boxes Candles, Also 100 Boxes Flour, &c. CARY SELDEN. December 2.
German Winter GOODS. 65 dozen Men's Thick Felted Stockings, 50 do. Children's do. do. 30 do. Men's half do. do. 10 do. Men's and Boys' Gloves, 25 do. do. Caps and Mitts, 25 do. Travelling Socks, 10 do. Ladies' House Socks—Just received and for sale by Niemeyer & Von Kappff. November 20.
For SALE, 80 hhds. choice retailing Molasses, 34 tierces Currants; 20 kegs Capers, in very fine order. James Young. November 11.
For SALE at my Brew-House, Strong, Table, and Ship BEER, by the hogshead, barrel, and half barrel—and a constant supply of bottled PORTER in packages and by the dozen. And in Store, Wines, Liquors, and Groceries, wholesale and retail. Joseph Hayes. Feb. 13.
For RENT, The DWELLING-HOUSE on Gran- by-street, belonging to captain Vickery, next door to Robert Boush, Esq.—possession will be given on the first day of Ja- nuary next. For terms apply to Alexander Wilson. December 18.
New Mode of Swindling. Two Hundred Dollars Reward For apprehending the chief actor, RICHARD HAR- DEN, Late of Pratt-street, in the city of Baltimore, Grocer, who left this city on or about the 24th day of October last. The publick would confer an obligation on a person from whom he purchased a large quantity of goods, which together with others purchased from different persons, he sold to many others, chiefly to a Mr. Shamway, to whom he sold up- wards of 6,000 dollars worth; (Shamway had been his clerk), and likewise on whom he prevailed to endorse notes to a con- siderable amount, if they would forward a few lines, men- tioning where he may be found, to E. F. care of the Editor of the Federal Gazette. The said R. Harden is about 28 years of age, 5 feet 7 or 8 inches high, stout trade, black complexion, a mark on his jaw like that of an evil, down look, and is a tailor by trade. When in Baltimore he was dressed in black, with a cape on his hat; he seems to have a general knowledge of busi- ness, and of the country; is a native of New-England. He formerly lived in Charleston, S. C. and in Newbern, N. C. The person he has taken in as above stated, is a man with a large family, from whom he has taken nearly the whole means of support for them and himself, and therefore claims the assistance of the publick in detecting him. Should the person giving information (so that he can be arrested) re- quire it, the above reward will be given by the writer of this, who may be known on application to the Editor of the Balti- more Federal Gazette; and his name never be mentioned. N. B. It is supposed that Harden has gone to New-York, followed by several of his associates, at which place he will probably resume a trade to which he is no stranger. December 16.
Thomas H. Parker, Offers for Sale, His Great-Bridge MILL, newly fitted up to run two pair of stones. The advantages of this mill are very great, only ten miles from Norfolk, and fi- tuated on a never failing stream; although she works at pre- sent only two pair of stones, yet the stream affords an abun- dant supply for ten pair. Also, a MILL (known by the name of Bell's Mills) about two miles farther, now in com- plete order, running one pair of stones and two saws—This Mill is supplied with water from very extensive swamps, and in wet season very plentifully; at this place there is a store, the situation of which, for a lumber store, is equal if not su- perior to any in that part of the country—This Mill can be supplied with excellent timber from a tract of land only one mile distant from it, which the subscriber also offers for sale. This tract contains between 5 and 600 acres, almost entirely covered with timber; the soil, the subscriber confidently be- lieves, is not inferior to any in the lower part of Virginia.— Any person purchasing this Plantation would have the benefit of a reed swamp within three miles of it, in which any num- ber of cattle may be kept fat during the whole winter. October 5.
Received per schooner Traveller, from Bos- ton, and for Sale, By EDWARD CLARK, 10 tons small, flat, and square Bar Iron, 100 bundles assorted Nail Rods. Nov. 18.
200 boxes Mould CANDLES, 30 half boxes brown Soap, 10 boxes white do. 60 bags Coffee, 3 tierces do. prime green, 4 hogsheads and 10 barrels Loaf Sugar, 12 do. Muscovado do. 10 quarter casks old Sherry Wine, 2 hhds old L. P. Madeira do. 3 hhds. Red Port, 50 do. retailing Molasses, 15 crates well assorted Queen's Ware, Country Rum and Gin in hhds. and pipes—For Sale by Phinehas Dana. June 8.
For RENT, A commodious small DWELLING, with all suitable out-houses and a good garden, pleasantly fi- tuated, on Smith's Point. Possession may be had on the first of November. P. Barrand. October 5.
For RENT, The Store, Compting-Room & Cellar, at present occupied by Messrs. Wood & Hastings, no. 90, Main-street. Apply to Thomas Willock. August 24.
A few barrels and half barrels of supe- rior quality FLOUR, suitable for family use. For sale by A. Maclure. Nov. 20.
NORFOLK: PUBLISHED THREE TIMES A-WEEK, BY WILLIAM DAVIS, FOR THE PROPRIETOR, OPPOSITE THE EXCHANGE COFFEE HOUSE. Price Six Dollars yearly, in advance.