Norfolk gazette and publick ledger (Norfolk [Va.]), 1809-05-19 00:00:00

NORFOLK GAZETTE AND PUBLIC LEDGER. SINT HIC ETIAM SUA PREMIA LITTORUM.
[VOL. V.]
FRIDAY EVENING, MAY 19, 1800.
NO. 122.
For Liverpool, The fine new Ship Justina, Edward Howe, Master, having a considerable part of her freight engaged; for the balance, apply to A. MACLURE. tf
For a Port in Ireland, the fast sailing copper bottomed Ship DESTINY, Captain Bernard, to sail the 10th June; has good accommodations. For passage only, apply to the captain on board, or Robert Maitland. tf
For London, (To sail on the 10th June,) the fine copper fastened and fast sailing Ship POCAHONTAS, Christopher Tompkins, master; a considerable part of her cargo being already engaged, the freight of about 200 hogsheads tobacco and 50 bales cotton is only wanted. Apply to Wilson & Cunningham. tf
For Liverpool, The British Letter of Marque Ship AURORA, Burthen 500 hogsheads tobacco, John Smith, master, mounts 16 guns and carries men in proportion, coppered, and a remarkable fast sailer; will be ready to depart from hence soon as the intercourse with Great-Britain is resumed. For freight, apply to C. & F. Whittle. tf
For Freight or Charter, The Ship FACTOR, Capt. Reynolds, burthen 291 tons. Apply to the master on board, or Christopher Fry. Who offers for Sale, 14 casks STONE LIME, 10,000 HOOPS, and a box of WOOL HATS. April 26. tf
FOR CHARTER, THE BREMEN BARQUE PATRIOT GROENING, Mathias Probst, master, burthen about 300 tons, in very complete order and almost new. ALSO, The Bremen Barque Bremen, John Conrad Dorman, master, burthen about 280 tons; both ready for a voyage. Apply to Niemeyer & Von Kapff. Who offer for Sale, 20 pieces of a superior quality RUSSIA CANVAS, 60 do. Stout German RAVENS DUCK, and 50 bags St. Domingo COFFEE. April 19. tf
Warsed, A fast-sailing VESSEL, of 230 to 280 hogsheads burthen. AND One of 250 hds. burthen. Apply to C. & F. Whittle. Who have for Sale, 600 barrels FLOUR. May 1. tf
For Freight or Charter, The good Ship AUGUSTA, Capt. James Place, burthen 325 tons; now on her first voyage. Apply to the master, or Christopher Fry. tf
For Freight or Charter, The substantial and fast-sailing Brig PALLAS, Ephraim Willcox, master, burthen 242 tons, or 500 hds. tobacco; she is double decked, sheathed, and newly rigged. The port of Liverpool would be preferred, and she is now ready to receive a cargo. For terms apply to Captain Willcox, or N. HERON. tf
For Charter, The Brig MINERVA, Wm. Malcom, master, burthen 211 tons, or 280 hogsheads of tobacco, is in complete order, and is now ready to receive a cargo. Apply to the master on board, or the subscriber WM. PENNOCK. Who offers for Sale, 80 Bundles excellent HAY. May 10. tf
For Charter, The Ship Columbia, Captain Cook, 246 tons burthen. ALSO, The Ship Ann Alexander, Capt. Price, 211 tons burthen, both good vessels, and ready to take cargoes on board. For terms apply to Richard Blow. Who has for Sale, 2 tons first quality Russia Hemp, 2 do. Cordage; 40 pieces Raven's Duck; 50 barrels Stout Beer; 33 barrels Northern Prune Port; 100 hogsheads Petersburg Tobacco. tf
I have this day taken into Copartnership my Son, and shall in future transact business under the firm of MOSES MYERS & SON. Moses Myers. May 1. tf
For Charter, The Brig CAROLINE, Capt. Doak, Burthen 250 tons. Moses Myers & Son. tf
For Charter, The Ship ALEXANDER, Captain Ballard, Burthen 280 tons, and is in complete order for the reception of a cargo. Warren Ashley. Who has just received, Loaf Sugar in hogsheads and barrels, And a few small boxes Imperial Tea of superior quality May 17. tf
For Liverpool, The Ship General Colburn, Capt. Prince, to sail in a few days. For freight of fifty hogsheads, or passage, apply to the master on board, or Moses Myers & Son. Who offer for Sale, Russia and Holland SAIL DUCK. May 5. tf
For Liverpool, The fast sailing Ship Rodney, Capt. H. Vey, wants sixty hogsheads on board, and will take passengers. Apply to the captain on board, or Moses Myers & Son. tf
For Freight or Charter, The brig John Adams, Andrew Tufts, master, burthen 224 tons, in complete order, and ready to receive a cargo. For terms apply to Capt. Tufts, or N. Heron. Who has for Sale on board the brig, 50,000 feet of Northern Boards, May 15. tf
FOR CHARTER, The Ship BELL SAVAGE, Reuben Jones, master, now lying in Hampton Roads, burthen 325 tons, will carry about 450 hds. tobacco; this excellent Ship is in complete order, and can be ready to take on board a cargo very soon. ALSO, The Ship NANCY, William Noyes, master, burthen 190 tons, will carry about 200 hogsheads tobacco, or 1750 bbls. fl. u.; this Ship is almost new, double decked, and in fine order. A cargo of grain or flour will be preferred. Apply to RICHARD BLOW. March 31. tf
For Sale, on our wharf, 15000 bushels blown SALT, principally about, 6000 ditto Coarse ditto, 300 sacks ditto Liverpool, filled, 136 bags St. Domingo COFFEE, 7 hds. do. SUGAR, 44 bbls. do. do. 65 hds. St. Kitt's SUGAR, 87 bbls. do. do. 56 hds. do. do. MOLASSES, 32 hds. Jamaica COFFEE, 24 do. do. SUGAR, 121 bags PIMENTO, 380 boxes brown Havana SUGARS, 29 bags do. do. COFFEE, 27000 feet MAHOGANY, 5 ton LOGWOOD, 3 do. BRAZILLETTO, 100 half crates QUEEN'S WARE, well assorted, 10 hds. Havana MOLASSES, 10 pipes L. P. MADEIRA, 30 cases superior CLARET, 5 puncheons old Jamaica RUM. Domestic, 1000 hogsheads TOBACCO, 100 barrels PORK, 100 do. TAR, 100 do. PECH, 200 do. SUPERIOR FLOUR, 50 do. WHISKEY, UPLAND COTTON. C. & F. Whittle, Who offer for Charter, The Ship ELIZA, burthen 420 hogsheads Tobacco. March 16. tf
FOR SALE, The Cargo of the Brig Fame, John Stone, Master, from Havana, CONSISTING OF White and Brown Sugar in boxes, Prime Muscovado do. in hogsheads, Prime Green Coffee in bags, and 40 hds. Molasses. Moses Myers & Son. May 12. tf
Duck and Teas. This Day Landing, 100 bolts first quality Russia DUCK, 30 chests superior quality Havana Teas, 100 boxes Mould Candles. MARTIN FISK. Who has for Sale on board Captain Williamson's Packet from Alexandria, 350 bbls. very choice sup. FLOUR. May 15. tf
Bills on London, For Sale by J. C. W. Southgate. May 8. tf
133 boxes white } Havana SUGARS, 143 do. brown } The Cargo of the Brig Louisiana Packet—For Sale by C. & F. Whittle. In Store, 70,000 wt. St. Domingo COFFEE, 200 boxes Raisins, 120 bales Sea Island and Upland Cotton. May 17. tf
Just Landed, 104 barrels Muscovado SUGAR, 10 boxes clayed do. 15 barrels Old Rye Whiskey, 150 do. Alexandria superior Flour, 200 do. Middlings—For Sale by Jennings & Roddey. Who off is for RENT, A Dwelling-House with five Rooms, pleasantly situated in the fields. May 17. tf
The Subscribers HAVE PURCHASED the STOCK in TRADE of Mr. EDWARD CLARKE, and taken that well known Stand under the EAGLE TAVERN, lately occupied by him, where, in addition, they offer for Sale, for Cash only, A GENERAL ASSORTMENT OF GROCERIES, AMONG WHICH ARE, Old Rum, Holland Gin, Country do. Cognac Brandy, Apple do. N. E. Rum, Whiskey, Port Wine in bottles, Beef and Pork, Split Herring, Bacon and Venison Hams, Brown Sugar, Loaf do. Coffee, Imperial, Hyson, and Young Hyson Tea, Soap and Candles, Chocolate, No. 1, 2, 3 Mustard, Manufactured Tobacco, Spanish Segars, 100 Straws half pint Tumblers, Wrapping, Writing, and Printing Paper, A few Bales Upland Cotton. ALSO, Hardware & Ironmongery, Consisting of Brass and Iron Plate Doo. Locks, Hinges and Screws, Knob Latches, Screw Augers, Shingling Hatchets, Mason's Towels, Planing do. Shovels and Spades, Puts, Dutch Ovens, Spiders, Skillets, Griddles, Ant Irons, Garden Hoes, Weeding Hoes. They also offer for Sale, on accommodating terms, That valuable & well known FARM, called FARRFIELD, only 3 miles from the Borough, containing 285 Acres, adjoining the lands of Dr. James Taylor, and Mr. William Colley, on Tanner's Creek, well timbered, and highly improved, with a large two story Dwelling, and all necessary Out Houses. ALSO, A two-story Frame HOUSE, in Bank Street, 28 by 30 feet, with two Tenements above, and Grocery Shops below. LIKEWISE, A large two-story Brick Building at the intersection of Little Water-street and Rothery's Lane, 32 by 50 feet, calculated for two families and Grocery Stores. AND Two or three likely NEGROES. J. R. & James Rhodes. May 15. tf
FOR RENT, The STORE fronting the Old Market Place, at present occupied by Mr. Sturtevant. Apply to Wood & Hastings, or Robert Taylor. May 8. tf
FOR SALE, A neat well-finished Fire-Proof DWELLING-HOUSE, situated in Cumberland-Street, and at present occupied by Miss Elligood. Also, one half of a very valuable Water Property, fronting Elizabeth-River 410 feet, thence towards the shore 900 feet; also, an unimproved Lot, well enclosed, adjoining Capt. John Store's Dwelling-House; and a House and Lot in York-Town, in a very eligible situation for a retail business, being adjacent the Ferry to Gloucester, one end fitted up for a shop. For terms apply to ROBERT GIBSON. Who finding for a long time past his own applications for the collection of his debts in vain, has appointed Mr. Thomas Davis, (who is well acquainted with his accounts) his attorney, with full power and instructions to close said debts as promptly as possible, that he may be enabled to satisfy his creditors. May 8. tf
Norfolk & Portsmouth Jockey Club RACES, Over the New Ditched-in Course, will commence on WEDNESDAY, the 7th of June, free for any Horse, &c.—New Market Rules. First Day, A Purse of 400 Dollars—Four mile Heats—Money put up. Second Day, The Ladies' Purse of 100 dollars—One mile heat—the best three in five, with each weight—15 dollars entrance. Entrance to be made with the Treasurer at the Exchange, in the usual way. Third Day, The Proprietor's Purse of 200 Dollars—two mile heats—10 dollars entrance. Fourth Day, A Handy Cup Purse. Good Stables and Litter near the ground found gratis, and every kind of Forage at the lowest price. The ground is considerably improved since the fall, and is equal to any course on the continent. Racers and their Horses will be free of all. Entrance to be made with the Treasurer at the Exchange, in the usual way. April 21. tf
The Treasurer, Carolina PORK and LARD, 350 barrels of PORK, and 100 bags of LARD—just received and for Sale by Richard & John Taylor. April 19. tf
SPRING GOODS, WOOD & HASTINGS, Have just received a small supply of STAPLE GOODS, among which are, 4-4 Irish LINENS, part extra fine, 4-4 and 6-4 Cotton Cambricks, 7-8 and 4-4 Cotton Shirtings, Superfine and common Callicoes, Ginghams; Madras Handkerchiefs, Fine Cotton and Fancy Dimities, Men's and Women's Cotton Hose; do. Silk do. Cotton Umbrellas; White Jeans, part very fine, Royal Cord and other fashionable Vestings, Plain and Fancy Muslins, Elegant worked Muslin Short Dresses; Self Suckers, Nankens; Kid Gloves; Men's Buckskin do. BROAD CLOTHS, Best Superfine Black, Blue, Olive, Brown, Buff's Cream, Drab, Mixed, &c. Broad Cloths; middling and common do. One case Gentlemen's Silk Plain Hats. The above with our Goods on hand, comprises a very handsome assortment, and will be sold at low prices for CASH only. April 7. tf
IRISH LINENS, 200 pieces of low priced 3-4 and 7-8 Irish LINENS, For Sale by R. & F. Taylor. May 12. tf
Lost last evening at the Theatre, A GOLD FRENCH WATCH, No. 1286, with the letters J. D. on the pendant; a hair chain, a key, and a seal, G. S. W. marked on it. TEN DOLLARS reward will be given to the finder, by Captain Dulton, at the Navy Yard. May 12. tf
Portsmouth Sugar-House, The present Proprietors of this establishment finding a large capital necessary to carry on a successful business, they have in their power to dispose of the whole or in part, as shall best please the purchaser, and will give a great bargain to any one inclined to buy. The House is competent to the refining of 300 hogsheads raw Sugar a year; the consumption of loaf may be increased by the result of an accurate inquiry, made with a view to ascertain the fact, that the towns of Richmond, Petersburg, and Fredericksburg alone, all in Virginia, and holding their relations in trade immediately with Norfolk, consume a year's vent for an aggregate quantity of at least 900 hogsheads Leaf Sugar a year; to say nothing of the consumption of the town of Norfolk itself, in regard to neither of the others, and where too, from its immediate intercourse with the West-Indies, the raw material has always hitherto been plenty and upon terms as cheap, often cheaper than at other ports on the continent. For further information apply to Campbell & Wheeler. May 3. tf
SPANISH HIDES, One Thousand Spanish Hides, For Sale, by Wm. Phage, & Co. January 23. tf
WANTED, Rough Oak bbl. and bhd. STAVES, of the best quality, for which cash will be given. Robert Maidland. April 26. tf
A YOUNG MAN Of respectable connections, and possessing a competent knowledge of business, is desired at a situation as Supervisor; the most satisfactory recommendations are given. A line addressed to A. B. and left at this Office, will be immediately attended to. May 3. tf
FOR SALE, 40 Sacks JUNIPER BERRIES, James Young. April 26. tf
FOR RENT, That large and commodious Three Story Fire Proof House, on Wide Water-Street, at the head of Bankers's wharf, lately occupied by Messrs. Noble and Ainsworth & Co. as a Shipchandlery Store. Apply to Lillian M'Pherson. May 12. tf
Green Coffee and Leaf Sugar, 20,000 lb. choice Green COFFEE, 8,000 do. first quality Philadelphia Leaf SUGAR. For Sale on reasonable terms by Donaldson, Thornburn, & Co. March 22. tf
Just Received, A few bales very fine India Cottons, suitable for Sheetings, Nankens of superior quality; Bandanas Handkerchiefs; Sewing Silks; Blankets; &c. For Sale by Wood & Hastings. May 8. tf
TAKE NOTICE, That we have applied to the President and Directors for the renewal of the Charter of the Bank of the United States, and the money whereof is to be paid. H. No. 4083, dated Philadelphia, 1st June, 1800. C. 2420, dated Philadelphia, 1st June, 1800. E. 727, dated Philadelphia, 1st June, 1800. F. 815, dated Philadelphia, 1st June, 1800. F. 900, dated Philadelphia, 1st June, 1800. F. 1000, dated Philadelphia, 1st June, 1800. F. 1100, dated Philadelphia, 1st June, 1800. F. 1200, dated Philadelphia, 1st June, 1800. F. 1300, dated Philadelphia, 1st June, 1800. F. 1400, dated Philadelphia, 1st June, 1800. F. 1500, dated Philadelphia, 1st June, 1800. F. 1600, dated Philadelphia, 1st June, 1800. F. 1700, dated Philadelphia, 1st June, 1800. F. 1800, dated Philadelphia, 1st June, 1800. F. 1900, dated Philadelphia, 1st June, 1800. F. 2000, dated Philadelphia, 1st June, 1800. F. 2100, dated Philadelphia, 1st June, 1800. F. 2200, dated Philadelphia, 1st June, 1800. F. 2300, dated Philadelphia, 1st June, 1800. F. 2400, dated Philadelphia, 1st June, 1800. F. 2500, dated Philadelphia, 1st June, 1800. F. 2600, dated Philadelphia, 1st June, 1800. F. 2700, dated Philadelphia, 1st June, 1800. F. 2800, dated Philadelphia, 1st June, 1800. F. 2900, dated Philadelphia, 1st June, 1800. F. 3000, dated Philadelphia, 1st June, 1800. F. 3100, dated Philadelphia, 1st June, 1800. F. 3200, dated Philadelphia, 1st June, 1800. F. 3300, dated Philadelphia, 1st June, 1800. F. 3400, dated Philadelphia, 1st June, 1800. F. 3500, dated Philadelphia, 1st June, 1800. F. 3600, dated Philadelphia, 1st June, 1800. F. 3700, dated Philadelphia, 1st June, 1800. F. 3800, dated Philadelphia, 1st June, 1800. F. 3900, dated Philadelphia, 1st June, 1800. F. 4000, dated Philadelphia, 1st June, 1800. F. 4100, dated Philadelphia, 1st June, 1800. F. 4200, dated Philadelphia, 1st June, 1800. F. 4300, dated Philadelphia, 1st June, 1800. F. 4400, dated Philadelphia, 1st June, 1800. F. 4500, dated Philadelphia, 1st June, 1800. F. 4600, dated Philadelphia, 1st June, 1800. F. 4700, dated Philadelphia, 1st June, 1800. F. 4800, dated Philadelphia, 1st June, 1800. F. 4900, dated Philadelphia, 1st June, 1800. F. 5000, dated Philadelphia, 1st June, 1800. F. 5100, dated Philadelphia, 1st June, 1800. F. 5200, dated Philadelphia, 1st June, 1800. F. 5300, dated Philadelphia, 1st June, 1800. F. 5400, dated Philadelphia, 1st June, 1800. F. 5500, dated Philadelphia, 1st June, 1800. F. 5600, dated Philadelphia, 1st June, 1800. F. 5700, dated Philadelphia, 1st June, 1800. F. 5800, dated Philadelphia, 1st June, 1800. F. 5900, dated Philadelphia, 1st June, 1800. F. 6000, dated Philadelphia, 1st June, 1800. F. 6100, dated Philadelphia, 1st June, 1800. F. 6200, dated Philadelphia, 1st June, 1800. F. 6300, dated Philadelphia, 1st June, 1800. F. 6400, dated Philadelphia, 1st June, 1800. F. 6500, dated Philadelphia, 1st June, 1800. F. 6600, dated Philadelphia, 1st June, 1800. F. 6700, dated Philadelphia, 1st June, 1800. F. 6800, dated Philadelphia, 1st June, 1800. F. 6900, dated Philadelphia, 1st June, 1800. F. 7000, dated Philadelphia, 1st June, 1800. F. 7100, dated Philadelphia, 1st June, 1800. F. 7200, dated Philadelphia, 1st June, 1800. F. 7300, dated Philadelphia, 1st June, 1800. F. 7400, dated Philadelphia, 1st June, 1800. F. 7500, dated Philadelphia, 1st June, 1800. F. 7600, dated Philadelphia, 1st June, 1800. F. 7700, dated Philadelphia, 1st June, 1800. F. 7800, dated Philadelphia, 1st June, 1800. F. 7900, dated Philadelphia, 1st June, 1800. F. 8000, dated Philadelphia, 1st June, 1800. F. 8100, dated Philadelphia, 1st June, 1800. F. 8200, dated Philadelphia, 1st June, 1800. F. 8300, dated Philadelphia, 1st June, 1800. F. 8400, dated Philadelphia, 1st June, 1800. F. 8500, dated Philadelphia, 1st June, 1800. F. 8600, dated Philadelphia, 1st June, 1800. F. 8700, dated Philadelphia, 1st June, 1800. F. 8800, dated Philadelphia, 1st June, 1800. F. 8900, dated Philadelphia, 1st June, 1800. F. 9000, dated Philadelphia, 1st June, 1800. F. 9100, dated Philadelphia, 1st June, 1800. F. 9200, dated Philadelphia, 1st June, 1800. F. 9300, dated Philadelphia, 1st June, 1800. F. 9400, dated Philadelphia, 1st June, 1800. F. 9500, dated Philadelphia, 1st June, 1800. F. 9600, dated Philadelphia, 1st June, 1800. F. 9700, dated Philadelphia, 1st June, 1800. F. 9800, dated Philadelphia, 1st June, 1800. F. 9900, dated Philadelphia, 1st June, 1800. F. 10000, dated Philadelphia, 1st June, 1800. A HANDFUL of the above Stock is now in the hands of those who may have been the subscribers of the same, and will deliver them the same. MADELEINE & WHITE, March 22. tf

The course which the federal papers have pursued since the commencement of Mr. Madison's administration, has been perfectly correct. It is most certainly their duty to give credit for measures calculated to promote the publick good, and from those measures to anticipate, and to give credit in advance, for other measures, which may also promote the honour, peace, and interests of the nation. We do however, perceive that already some of the democratical papers have commenced their attacks. They wish to keep alive the active and acrimonious spirit of party, for it is by such a spirit, that not only certain papers, but many politicians are lifted into consequence, but for which spirit, they would pass without notice, or sink into contempt. It very well suits him, who has neither publick nor private worth, nor talents—to foster a spirit of party, which, in proportion to its violence, clouds the publick judgment. In such a state of things, virtue and talents, as if disgraced by a controversy with vice and ignorance, retire from the contest, until the sense of the nation can correct the evil.
We do not pretend to know the principles upon which Mr. Madison proposes to conduct his administration, but if they should be such, as will produce measures, that we shall believe will promote the happiness of the nation, they will not be the less approved by us, because Mr. Madison was elevated to the chair of state, in opposition to our wishes, and to the exclusion of those in whom we had greater confidence.
Whether Mr. Madison will be the President of a party, or the President of the nation, time alone will discover; we hope, and believe, that he will pursue a course which will disappoint the violent partisans of either side. The number of those, is there inconsiderable than is generally supposed; but their industry and presumption, in a great measure supply the place of numbers and talents. Generally speaking, their whole time is devoted to the purposes of party politics, which enables them to dilate on publick affairs; with a confidence that astonishes, and often confounds men of superior judgment and information. But if perchance, a man of talents appears, and enters fairly into discussion, then the watch words of party are invoked, and party invectives are substituted for argument.
The people, we think, must be satisfied that the time has arrived, when the spirit of party should be so controuled, as to permit a free and impartial exercise of opinion.
If the measures of Mr. Madison, should be such as will restore the commerce of our country, from which the great portion of our national prosperity has been derived, Mr. Madison will merit the approbation of the federalists. If he guards the constitution against the machinations of those, who, under the specious name of amendments, would destroy it—for this, he will deserve the support of the federalists. And, above all, if Mr. Madison pursues the advice of Washington, in his measures as relate to foreign nations, by acting with strict impartiality towards all, his administration will be supported by the virtue and talents of the nation, as well federal as republican. No epocha was ever more favourable than the present, for the restoration of harmony, as far as it is attainable, with the exercise of opinion, in a free government. When we look back on the situation of the country during the last eighteen months, we find sufficient cause to dread the effects of party spirit. The country has escaped from the dangers which menaced her peace and union; it would, therefore, be an unprofitable, and unwelcome task, to retrace the measures which produced a state of things from whence those dangers proceeded. The dangers which threatened the nation, are impressed upon the mind of every reflecting man, without regard to the political sect, to which he was attached. We are confident that it is not easy to put down the spirit of faction, at once, and thereby deliver our country from the danger, to which a renewal of the past scenes would expose her, and from which she might not again be providentially delivered, but we would exhort our fellow-citizens in the words of the Roman Orator, at a time when the spirit and machinations of faction, threatened the existence of Rome: "Brigit animos; recte vestre dignitatem. Manet illa in Republica bonorum conditio; dolor accessit bonis viris, virtus non est diminuta."
Captain Goodwin of the brig Reward, arrived yesterday from St. Bartholomews, which he left the 2d of May. He informs us that at the moment of his departure, one of the French 74 gun ships, which had escaped from the Santees, anchored off the harbour, having been captured by Admiral Cochrane. The others, Captain G. understood made their escape; he was unable to learn any other particulars.
Havana papers to the 5th instant, have been received at this office by the schooner Caroline, captain Davis; also Kingston papers to the 16th of last month, per the Mohawk, captain Cowper, via St. Jago de Cuba. We do not discover in the papers of either place any article political, or commercial worthy of notice.
By accounts which have been received at Boston to the 5th of last month from Lisbon, it would appear that the French armies had entered Portugal, and had actually taken Oporto. It appears extraordinary that so little should be known at Lisbon of the movements of the French army, said to be at Oporto. But it appears that there was an armed neutrality at Lisbon. We incline to think that the numbers of both the French and English armies are much exaggerated.
CIRCUIT COURT OF THE UNITED STATES.
APRIL TERM, 1809.
Odlin vs. The Insurance Company of Pennsylvania.
The following case was stated for the opinion of the court. The plaintiff caused insurance to be made at the office of the defendants by a policy dated the 21st of December, 1807, upon the schooner Hazard valued at $500 dollars for a premium of 5 per cent. as and from Philadelphia to Havana, prout policies and warranties. The policy was duly sealed by the defendants, the premium paid by the plaintiff, and the vessel in American property. The vessel with a valuable cargo on board cleared out at the custom house of Philadelphia on the 21st December 1807, and sailed on the voyage insured, but owing to head winds was obliged to stop at Reedy Island in the river Delaware, and while there waiting for a wind, she was arrested, stopped, detained, and prevented from proceeding by the officers of a revenue-cutter acting under the authority of the President of the United States in pursuance of an act of the congress of the United States entitled An Act laying an embargo on all ships and vessels in the ports and harbours of the United States, passed on the 22d day of December 1807, which act was received and promulgated by the collector of the port of Philadelphia on the 24th of December 1807. The said officers took away all the ships papers.
Being so as aforesaid prevented from proceeding on her said intended voyage, the said schooner lay at Reedy Island until the day of when she was ordered to the city of Philadelphia, by mutual consent of the plaintiffs and defendants without prejudice to the rights or pretensions of the parties in any respect, and has since been sold by the same mutual consent for the benefit of whom it might concern. The plaintiff having received information of the said vessel being so prevented from proceeding on the 29th December, communicated the same to the defendants on the next day, and repeated the notice on the 8th of Jan. 1808, and on the day of abandoned to the defendants and claimed payment of a total loss. The question submitted to the court, is whether on the facts stated the plaintiff is entitled to recover for a total or partial loss, or whether the defendants are entitled to judgment.
The case was argued much at length and with great ability by Hopkinson and Dallas for the plaintiff and by Rawle and Lewis for the defendants.
WASHINGTON judge delivered the opinion of the court. The question is whether the embargo imposed by the government to which the insurer and insured belong, subsequent to the commencement of the risk furnishes a legal ground of abandonment. The question is thus generally stated, because it will be necessary to enquire 1st. Whether such an obstruction is within the perils of arrest, restraint and detainment, of Princes, &c; and 2dly. Whether, if comprehended within those expressions, such a contract be repugnant to any principle of law. It is admitted that this precise case has never received a judicial decision in any of the courts of Great Britain or of the United States, although it has frequently been glanced at by the judges, from whom however nothing beyond hints of their opinions can be collected. We are sensible of the difficulty of the question as well as of its importance to the parties in this and other similar cases. We derive consolation, however, from reflecting that our opinion, if wrong, is subject to revision elsewhere.
The first question to be considered is whether a domestic embargo amounts to an arrest, restraint, and detainment of the government. That the expressions used in the policy are broad and strong enough in themselves to include the case of embargo generally, can scarcely be denied, and is established by the decisions which have taken place in relation to foreign embargoes. Still however the question remains whether an exception is to be implied in relation to an embargo imposed by our own government upon the ground stated by Vallin that no person is presumed to guarantee the acts of his own prince without an express stipulation. How it should happen that this question should never have occurred in England it is impossible for us with any certainty to determine. This circumstance has been laid hold of by each side in this cause, and each has endeavoured to turn it to his own advantage. Arguments derived from this source in general cuts both ways. Although neither can rely upon it as decisive in this case, we think the pretensions of the insured to the benefit of it is best founded for the following reasons. It is believed that he is quite as apt to claim in every case where there is a chance of success as the insurer is to resist; perhaps more so. It is not probable that the former would easily surrender a right for which the general expressions of the contract seem to afford at least a plausible ground, unless there were some evidence of a usage to qualify and restrain the literal construction. It is much more likely that the latter acquiescing in the natural import of the expressions would be induced to pay the loss without perceiving that on principle there could be no distinction between a foreign and domestic embargo. Another reason and one which has no inconsiderable weight with the court is, that this seems to have been the opinion of the French Jurists; and although they may have been founded upon positive ordinances, yet it is probably they would be in this, as we know they have been in other instances, regarded by commercial men as evidence of the general law of merchants, upon this subject, no judicial decision and no custom appearing to the contrary. The sea laws and state ordinances of many of the maritime countries of Europe have with some exceptions gradually become incorporated into the commercial law of England by a kind of tacit adoption and are in those cases considered as evidence of the custom of the merchants. These regulations are read in the British and American courts and have frequently furnished rules of decision where the positive law of the country, or former decisions upon the point, had not prescribed a different one. Without taking time to go through in detail the different passages from Roccus, Le Guidon, Valin, Emerigon, and Pothier, we think it may fairly be deduced from what they say, that if a vessel be detained by an embargo or temporary restraint laid on by the authority of the French government, after the risk has commenced, the insured may abandon; and the passages where they appear to differ, may be reconciled by considering them as sometimes speaking of a restraint imposed before, sometimes after the risk has commenced, or differing upon the point whether the words "commencement of the voyage" in the ordinance of Louis XIV. mean what they express, or commencement of the risk. These opinions taken in connexion with the unqualified expressions of the contract itself create a presumption which is almost irresistible that the absence of a positive English authority upon this subject has arisen from a general understanding among merchants and underwriters that a domestic embargo equally with a foreign one is a peril within the words of the policy.
In a case where no authority is to be found the opinion of men learned in the law, and the dicta of judges, which in other instances should be relied upon with great caution, may not be improperly resorted to as corroborative evidence of the law. These will now be noticed. Much greater reliance might be placed in the dictum of Lord Holt in Green v. Young (a) if it had been pursued as a case of embargo; yet it is quoted by Park and Marshall as if the other
circumstances of the case had not influenced the opinion. In Roccus v. Edie (b) it is obvious that Lord Kenyon as well as the counsel on each side were not impressed with any distinction between a foreign and a domestic embargo. For the judge after stating that Roccus, Le Guidon, and Green v. Young are upon examination all one way, and that in favour of the insured, concludes by saying that as to a domestic embargo there would perhaps be but little difficulty in deciding it. There can exist very little doubt on which side the inclination of his mind was. In Goss v. Withers (c) the expressions used by Lord Mansfield are certainly very general, and although Park and Marshall have both pressed them into the service to support their opinions, it is not clear that he had in his view a domestic embargo. In the case of Hore v. Whitmore (d) there is every reason to infer that the opinion entertained by the bench and bar, was that a domestic embargo affords a cause of abandonment; because if the contract in that case was either suspended or put an end to as a consequence of that circumstance, it was perfectly immaterial whether the warranty had been complied with or not. In neither case could the insured have recovered. In addition to all this, the opinions of Park and Marshall in favour of the right of abandonment are deserving of respect.
The cases relied upon by the defendant's counsel will be examined hereafter. At present it seems proper to enquire whether this construction of the contract is opposed to any principle of law, or to the sound policy of the nation. It is stated on the part of the defendants as a general rule, that where a contract is lawful at the time it is made, and a law afterwards renders a performance unlawful, neither party shall be prejudiced, but the contract shall be considered as at an end. This as a general rule will not be controverted. But there is an obvious distinction between a law which renders the performance unlawful altogether, and one which merely suspends the performance, without condemning the subject of the contract. If the trade between this country and any other be wholly interdicted, or partially so in relation to particular articles, or if after the contract to carry goods from this to that country, war should break out between them, the subject matter of the contract becomes unlawful; the prohibition acts directly upon it and forbids the performance. It is no answer that the prohibition may, upon a change of circumstances, be removed; the prohibition defeats the contract and releases the parties from all obligations. But in the case of a temporary restraint upon the performance of the contract, the subject matter of it is not declared to be unlawful; the trade itself is not condemned; the legality of it is rather admitted; but it is not permitted to be performed for the present. Here the rule applies, that if a law forbids the performance of a contract in part only, he who is bound by it must still perform what he lawfully may. In the case of an embargo for example, the ship owner is disabled from commencing his voyage at the specified time; but he is bound to go when the prohibition is removed. A strict performance is prevented by law, and the law excuses it. What is an embargo. In its nature and design it imposes a temporary restraint; it is a measure of precaution and state policy intended by the government either to distress some foreign nation or to protect the property of its own citizens. It is true that the embargo imposed by our government in December, 1807, was unlimited as to time by the terms of it, and the concurrence of the executive and legislative branches of the government was necessary to remove it. But it was still an embargo. It suspended our intercourse with foreign nations, but did not declare or mean to declare that intercourse in itself unlawful. The British embargo imposed on the 27th July 1795, in relation to Tuscany was to continue until the further order of the council, and the Russian embargo was made to depend for its continuance upon the compliance of Great-Britain with the convention on her part in respect to Malta. Both were dependent upon events which the governments imposing them could not control, and the former did in fact continue between two and three years. Yet the nature and essence of the measure was not changed. They were considered as temporary restraints which did not avoid but merely suspended the performance of contracts upon charter parties and for seamen's wages; the only cases which were brought judicially into discussion.
Let us now see whether a contract by one person to indemnify another against a loss arising from an embargo, which the government to which the parties belong may, at any future time impose, be inconsistent with the sound policy of the nation. If it be, it is admitted to be void. If such a contract be made pending the existence of the embargo, it is clearly void; because, unless it is meant that the vessel should sail in defiance of the embargo, the contract itself would be nugatory. We do not speak of contracts to be performed after the restraint is removed. We can see no good reason why one man may not for valuable consideration and in relation to a real transaction concerning property, agree to stand in the shoes of another as to any loss which may result to that order in case a measure of this sort should be adopted by the government. The effect of an interest created in one man by such a contract in opposition to the measure itself, is too remote as to its influence upon the conduct of the government, to be regarded. If a contract can be avoided because it may possibly become the interest of one of the parties at some future day to oppose the passage of a law which may then be thought beneficial to the state it is not easy to foresee all the consequences of such a principle; because there is no supposable subject concerning which a contract may be made, which may not at some time or other become also a subject of legislative consideration, and it can seldom happen that any interference of the government in relation to that subject would be equally beneficial to both parties. In the case of Hadley v. Clarke (e) the contract of affreightment raised as strong an interest in the ship owner in opposition to the embargo as if he had bound himself to indemnify the freighter against it. Yet this circumstance was not even thought of by the counsel who argued in opposition to the obligation of the contract. In Touting v. Hubbard (f) which respects the embargo laid by Great-Britain on Swedish vessels, Lord Alvanley declares in the most unqualified terms that a common embargo does not put an end to any contract between the parties, but that it is to be considered as a temporary suspension of it only, and that the parties must submit to whatever inconveniences may arise unless they have provided against it by the terms of their contract.
He goes on to state the principle of Hadley v. Clarke to be "that an embargo is a circumstance against which it is equally competent to the parties to provide as against the dangers of the sea." Now it is apprehended that in this case, the effect of the American embargo is provided against by the general terms of the policy, and these cases declare explicitly that such a provision is lawful. Neither is it perceived by the court that an insurance against a domestic embargo has a tendency to induce a violation of the law in case it should be enacted. If the insured be at liberty to abandon, and to recover his indemnity, every temptation to a breach of the law to which he would have been exposed if not insured at all, or if he were not at liberty to abandon, is taken away. If he were even bound by a warrant to depart by a certain day, still it could not be his interest to violate the embargo, because, by doing so, he would lose the benefit of the policy as certainly as he would have done by not com-
plying with the warranty, and would stand precisely in the situation of one who had not insured at all. Upon general principles therefore, the court is satisfied that such a contract would infringe no rule of law, and would in no respect be inconsistent with the sound policy of the nation. We agree with Lord Alvanley "that there is no great reason why the British subject, may not insure another against the effects of an embargo laid on by the British government—that the policy of the state is not concerned in preventing such an insurance." 3 Bos. & Pul. 362. We cannot, however, yield our assent to the hypothesis stated by this learned judge and which was strongly pressed upon us by the counsel for the defendants in this cause, by which the individual is identified with his government in order to expose him to the rule of law that he who by his own conduct prevents the fulfilment of a contract shall not side. The doctrine is too refined to be safely applied to the common transactions between man and man. Were we to follow its light, it would probably lead us too far, from those legal and practical principles in relation to questions upon contracts which the wisdom of ages has matured.
A short examination of the authorities cited by the defendants counsel will close this opinion. The general proposition laid down in Salk. 193. Roll. Ab. 451. Dy. 281 Ld. Ray. 321. 1 Mod. 169 and some other books, that wherever a contract is lawful when made a subsequent statute makes it unlawful, the contract becomes void, has been already noticed, and the distinction taken between the contract declared to be illegal, and one the performance of which is only suspended. The quotation from Parke 234 does not support the point contended for by the defendants counsel, that a domestic embargo puts an end to a contract of insurance previously made and in operation. If it did, that author would contradict an opinion which he had before expressed. In the page referred to, he obviously alludes to an insurance made pending an embargo as is manifested from the case of Delmada v. Motteux (g) which he cites in support of the principle.
The case Kellner v. Le Meunier decides only that an insurance against capture generally, does not include a capture as prize by the government of the country where the policy was made, for a reason before acknowledged to be a sound one; because such an engagement eo nomine would be illegal being obviously repugnant to the interest of the state. It is for a similar reason that a policy is void if war should afterwards take place between the respective countries of the insurer and assured.
The case of Lacausade v. White (g) is certainly very strong. 2 Ep. cases 631, was looked at by the court with a view to discover the ground upon which the wager in that case was admitted by the counsel to be illegal. We argue with Lord Kenyon in the general proposition that a wager or a contract of any kind cannot support an action which is contrary to the policy of the state; but we are compelled to differ from him in the application of the principle to that case. Allen v. Hearn (h) and Cotton v. Thurland (i) are referred to in the nisi prius report of that case. The first was the case of a wager between two voters as to the success of the respective candidates of each; and every person must yield his assent to the reasons assigned by Lord Mansfield against the validity of such a wager. The latter was a wager upon a boxing match, the illegality of which cannot be questioned. It will be found very difficult to reconcile the principle admitted in Lacausade v. White with that laid down in Jones v. Randall (j). There is however this difference between the former case and that now before the court. That is a mere gambling contract and no injury could arise to either party by declaring it void. This is a contract of indemnity against a real loss of property which a certain measure of government might produce.
Upon the most mature consideration which it has been in the power of the court to give to this cause, we think that upon legal principles, upon the reason and policy of the thing, and upon a fair construction of the contract, the plaintiff is entitled to recover for a total loss.
(a) 2 Ld. Ray 840
(b) 6 Term. Rep. 413
(c) 2 Burr 694
(d) Cowp. 784
(e) 8 Term. Rep. 259
(f) 3 Bos. & Pul. 291
(g) 7 Term. Rep. 535
(h) 1 Term. Rep. 56
(i) 5 Term. Rep. 495
BOSTON, May 10.
Captain Jackson, who arrived here yesterday from Martinique, informs of the arrival there of Admiral Duckworth's squadron of six sail of the line, in pursuit of the L'Orient French squadron, and had sailed for the Saints. This squadron will augment the British blockading force to ten sail of the line; which it is expected must speedily capture or destroy the French squadron; and render abortive another attempt of Napoleon to obtain "ships, commerce, and colonies."
May 11.
Late from Portugal.—Capt. Sawyer, who arrived here on Tuesday last, from Lisbon, informs, that when he sailed from that city (April 8th) the French had not arrived there, and the periods of their expected arrival were variously stated, from seven days to two months; that the French were advancing into Portugal in two columns, under Marshal Lannes and Junot, whose united force was estimated in round numbers, at 80,000; that they had taken Oporto, and had advanced several leagues beyond it; but their progress was slow, owing doubtless to the scarcity of subsistence in the country they were overrunning; that the British troops in Portugal amounted to upwards 21,000; and that the Portuguese army was estimated at 40,000; that the British were repairing the fortifications; but that notwithstanding these it was not expected a defence of the city would be attempted; and that on the near approach of the French, the British and Portuguese would embark on board the British fleet in the Tagus, which consisted of two sail of the line, three or four frigates, and 300 sail of transports; part of which would proceed to Brazil, the others for England. The intelligence from Spain was extremely vague and limited.
The first indication capt. S. had of the removal of the embargo, was seeing the ocean whitened again with American canvass.
NEW-YORK, May 13.
Table with 3 columns: Item, Quantity, Price. Items include: 11602 hhds. 586 tierces, 6273 bbls. Sugar; 20601 boxes, 901 bbls. 10708 bags Havana do.; 4253 hhds. Jamaica Spirits; 8399 puncheons Windward-Island Rum; 702 pipes Brandy; 339 pipes Gun; 718 hhds. 699 tierces, 2656 bbls. Coffee; 3 tierces, 20 barrels and 13 bbls. Pimento; 937 pipes, 717 hhds. 7904 qr. casks Wine; 10350 hhds. Molasses; 34137 bales Cotton; 2341 hhds. Tobacco; and 4507 tierces Rice.

PHILADELPHIA, May 13. The schooner Clarissa, Wm. Smith, master from New-York bound to St. Jago de Cuba, was on the 2d of April captured by a French privateer commanded by capt. J. Forrest, carried into a small bay, on the north west part of the island of St. Domingo, where she was robbed of 73 barrels of flour, a British ship heaving in sight prevented those pirates from taking as much as would load the privateer; the captain of the privateer has shown his orders from gen. Berque (commander in chief of the city of St. Domingo) authorizing him to take all kind of provisions he could find, that the French government would be answerable for the same. He has likewise furnished a receipt, stating the quantity taken, and that the same should be paid for according to the market price at St. Jago de Cuba.
From the (Washington) Monitor. THE DOWNFALL OF REPUBLICS. Inquiries have been often instituted into the real cause of the downfall of republics. No doubt they are numerous. But among them all, I know of none more powerful and rapid in its operation than that continual disposition which we see manifested by certain writers and talkers, to wrest mankind from the course dictated by their nature, and to instil into the mind strange notions of new systems for the management of society by government. This idea has often been excited in my mind; and it was forcibly renewed a day or two past, by a production in the National Intelligencer, proposing to withdraw the American community from the ancient channels of human wisdom, and to proceed upon projects, which, to say the best of them, render a nation ridiculous, and eventually lead to destruction. Why should we discard the lessons of experience? Why should we forego that knowledge which is the result of the observation of half a century of ages? What vain pride of the heart would impel us to spurn every thing European, merely because it is European? Whence came American civilization, if it came not from Europe? The aborigines of this country were the merest savages in nature; and even now we treat them as such. I confess that I am cosmopolitan enough to desire that all the excellencies of the world were concentrated, by importation, if you please, in America. The human mind, from barbarism to civilization, is of such slow progression, that we ought to grasp and secure every thing good within our reach, whether it be English, French, German, Italian, or Spanish. The Common Law! says one; down with the common law; down with the law reporters; they are English, rank English. Softly, gentlemen. Do you know all the transactions of civilized life depend upon the common law? Do you know that England was groaning under despotism for many a year, till the excellence of common law relieved them? Woe be to those who follow the counsels of that fanatic who believes the present generation of men better or wiser in all things than the generation which for many ages have preceded it. And whence got England the common law? From Germany in part, and part from her own experience. Age succeeds to age, and if we depart in the last, from what admonitions the first affords, we remain in the mists and in the fogs of ignorance. One theorist proposes one thing; another a different thing; novelty leads the people to vain hopes; they forget the maxims of their progenitors, and look forward to shadows which fade before the inspection of solid judgment, like the colours of the rainbow vanish from the eye. The Gracchi, at Rome, proposed an Agrarian law; every man was to have a farm and every farm was to be precisely alike; the subject was pleasing; the Gracchi had followers and advocates; Rome was in an uproar; common sense finally prevailed, & the Agrarians fell victims to their own folly and ambition. Cromwell was to make England free; but he enslaved her; Buonaparte swore fidelity to the republic, yet where is that republic now? The ruin of nations is produced invariably by departing from the knowledge which experience affords; and we are always excited to leave the beaten path, by weak brains in skulls so hot that they are kept in a state of ebullition from the beginning to the end of the chapter. The worst of it is, you cannot restore such brains to a state of soundness; for being impregnated with pertinacity, the more you rebuke, the more obstinate they are. Down with the judges and the courts, says a sagacious scribbler, down with them; I will show you a way by which the people shall grow wise without learning, and learned without education; all heads (quoth he) are alike; sheep heads, and all. Would you believe that such ideas are scattered among the community, and by many greedily gobbl'd down? If we had not witnessed the scenes of the French revolution, the thing might be doubted. But credulity is the ladder by which knaves mount to power. A man six feet high, once announced he would put himself into a pint bottle; the multitude wondered; common sense knew it was a cheat; yet credulity was duped and paid its money for the fraud. After this, what should excite our surprize!
QUEBEC, April 20. Provincial Parliament of Lower Canada. SPEECH of his Excellency the Governor in Chief, to both Houses of the Legislature, delivered on Thursday last: "Gentlemen of the Legislative Council, and Gentlemen of the House of Assembly," "When I prorogued the last Provincial Parliament, it was under the impression, of a probability, that circumstances might shortly take place under which, I should be desirous of availing myself of legislative assistance; and I hastened the election of a new house of assembly, in order that in such event, no inconvenience might be experienced from the interruption that must otherwise have ensued, on the expiration of the term for which the last house had been chosen. It was impossible then to foresee that the pending discussion between his majesty's government and that of the United States, in which the interests of this province are so materially involved, should remain so long without being brought to a decided issue. It might reasonably have been expected, indeed, that the more the subject was discussed, the more would the true interest of the American government become obvious to the people at large of that country; and that, induced by these, long 'ere this an accommodation honourable and advantageous to both parties might have taken place. I am only enabled to state to you, that such has not been the course that has been pursued. The conduct of the American government, so far as we are acquainted with it, has carried with it no indications of a conciliatory disposition. In pity to the sufferings of their own people, to whom it was infinitely more injurious than it was to those against whom the measure was directed, they have raised the embargo, but they have substituted for it, an act by which after the 20th of May next, all intercourse with Great Britain and France is prohibited. As a feature of hostility this is even more strongly marked than the embargo was, and when coupled with the language which was held by the leading people during the discussion it underwent, as well as on every other occasion, in which England was adverted to, during the session of congress, it furnishes no ground on which we should be led to a departure from that vigilance and caution which, in our peculiar situation, have hitherto been thought so necessary. I feel myself warranted in the reliance I place on your ready co-operation in the renewal of those acts which, with a particular view to this object, were passed in the last parliament, and which will otherwise expire with the present session, or in any measure which may be deemed expedient. "In these eventful times no transaction however distant the scene, or however unconnected we may appear to be with the object, can be indifferent to us. I have no doubt that your hearts glow with a generous sympathy in the glorious cause in which Spain has drawn the sword even though your interests are not greatly increased by the interference of his majesty's arms. We devoutly implore the gracious interposition of Divine Providence in favour of a gallant people, contending for their dearest rights, against the worst of tyrannies; but should he for purposes, unknown to us, finally doom them to fall, Britain may at least console herself with the reflection, of having discharged a duty which cannot but be pleasing in his all benevolent eye; while the extent of the assistance she has afforded them, and the magnanimity with which she has shared their dangers, must carry conviction to the world, that she fights not for herself alone. The Portuguese nation have already experienced this truth, in their delivery from the most intolerable oppression by the successful victory of Vimiera, and the subsequent evacuation of their country, by their merciless enemy: As these events have added lustre to his majesty's arms, they are subjects of congratulation and peculiar satisfaction to us, having occurred in favour of a people so long and so faithfully the friends and allies of Great-Britain."
LEGISLATIVE COUNCIL, April 17, 1809. This day at 2 o'clock, the house went up with the following address to his excellency the governor-general: "To his excellency sir James Henry Craig, knight of the most honourable order of the Bath, captain general and governor in chief, in and over the provinces of Lower Canada, Nova Scotia, New Brunswick, and their several dependencies, vice-admiral of the same, general and commander of all his majesty's forces in the said provinces of Lower Canada, Upper Canada, Nova Scotia, and New Brunswick, and their several dependencies and in the island of Newfoundland, &c. &c. "May it please your Excellency, "We, his majesty's most dutiful and loyal subjects, the legislative council of the province of Lower Canada, in provincial parliament assembled, beg leave to return you, our humble thanks for your speech from the throne. "We pray your excellency to accept our humble acknowledgments, for the information which you have been pleased to give us of the pending discussions between his majesty's government and that of the United States of America, in which the interests of this province are materially involved. "We feel with your excellency, that the conduct of the American government, (so far as we are acquainted with it) has carried with it no indication of a conciliatory disposition, though it might have been expected reasonably, that the more the subject was discussed, the more the true interests of America would have become obvious to the people of that country at large, and that induced by these, an accommodation honourable and advantageous to both parties, might long ere this have taken place. We feel, also, with your excellency, that the act by which after the 20th of May next, all intercourse with Great Britain and France is prohibited, (though passed as a substitute for the embargo) is a measure which originated in pity to the sufferings of their own people, to whom the embargo was infinitely more injurious than it was to those against whom it was directed. We feel, also, with your excellency, that marked than the embargo itself, and that coupled with the language which was held by the leading people during the discussion it underwent, as well as on every other occasion, in which England was adverted to, during the session of congress, it furnishes no ground on which we should be led to a departure from that vigilance and caution which in our peculiar situation have hitherto been thought necessary; we therefore beg leave to assure your excellency, that we shall most readily, and most heartily co-operate in the renewal of those acts, which with a particular view to this object, were passed during the last parliament, and in any other measure which in this respect may be deemed expedient. "The hearts of his majesty's faithful Legislative Council, enjoying the full benefits of British freedom could not but glow with sympathy in the glorious cause in which Spain has drawn the sword. Our interest is deeply increased by the interference of his majesty's arms, yet no transaction affecting the loyal efforts of that kingdom, however distant the scene, or however we may appear unconnected with its objects, can be indifferent to us. We humbly trust, with your excellency, in the gracious interposition of Providence in favour of a gallant people, contending against the worst of tyrannies; but should he for purposes unknown, finally doom them to fall, we will proudly remember, that our common parent Great Britain has discharged a duty which cannot but be pleasing in his all-benevolent eye and at the extent of the assistance which she has afforded them, and the magnanimity with which she has shared their dangers, carries conviction to the world, that she fights not for herself alone. "We beg leave to offer to your excellency, our sincere congratulations upon the delivery of the Portuguese nation, (so long and so faithfully the friends and allies of Great Britain) from the most intolerable oppression, by the successful victory of Vimiera, and the subsequent evacuation of their country by their merciless enemy; events which have added to the lustre to his majesty's arms, and demonstrated that the exertions of G. Britain against the common oppressor, are most disinterested. "Your excellency may be assured that we shall cheerfully concur in any measure which may be thought proper to rectify the mistake which has occurred in the act appropriating till the 1st of April, 1811, the sum of 1200l. per annum, for the relief of insane persons and the support of foundlings, and to enable your excellency to charge the sum which you have directed to be advanced and applied as the act directs, as if the mistake referred to had not occurred. "We should be wanting to ourselves, as to your excellency, if we did not offer our particular thanks for the high satisfaction which you have been pleased to express upon the prosperous and advantageously state in which this colony has shewn itself, during the preceding year. The singular policy of the American government, by a general embargo has called forth, and made us acquainted with the resources of Canada; and we fully concur with your excellency in opinion, that a perseverance in the industrious pursuits, which it has occasioned, will render the advantages derived from it to time to come a source of wealth and importance to this favoured province. "Tuesday, 13.—At the hour appointed, Mr. Speaker and the house went up to the castle of St. Louis with their address, to his excellency the governor-general, which is as follows: "To his excellency sir James Henry Craig, knight of the most honourable order of the Bath, captain general and governor in chief, in and over the provinces of Lower Canada, Upper Canada, Nova-Scotia, New Brunswick, and their several de-
pendencies, vice-admiral of the same, general and commander of all his majesty's forces in the said provinces of Lower Canada, Upper Canada, Nova Scotia, and New Brunswick, and their several dependencies, and in the island of Newfoundland, &c. &c. "May it please your Excellency, "We his majesty's dutiful and loyal subjects, the representatives of this province in Lower Canada, in assembly met; beg leave to return our thanks for your excellency's speech at the opening of the present provincial parliament. "Under the probability which existed, at the time your excellency prorogued the last provincial parliament, that circumstances might shortly take place under which you would be desirous of availing yourself of legislative assistance, it became a measure of wise precaution to hasten the election of a new house of assembly, in order that, in such event, no inconvenience might be experienced from the interruption that must otherwise have ensued, on the expiration of the term for which the last house had been chosen. "It was impossible, then, to foresee that the pending discussion between his majesty's government and the United States, involving so materially the interests of this province, should remain so long without being brought to a more decided issue. It might reasonably have been expected that the more the subject was discussed, the more would the true interests of America become obvious to the people at large of that country; and that induced by these, long 'ere this, an accommodation and advantageous to both parties, might have taken place. We truly lament that the conduct of the American government has carried with it no indications of a conciliatory disposition. We observe that in pity to the sufferings of their own people, to whom it was infinitely more injurious, than it was to those against whom the measure was directed, they have raised the embargo, and have substituted an act by which, after the twentieth day of May next, all intercourse with Great-Britain and France is prohibited. We entirely coincide in opinion with your excellency, that as a feature of hostility, this is even more strongly marked than the embargo, and when coupled with the language held by the leading people, during the discussion it underwent, as well as on every other occasion in which England was adverted to, during the session of congress, furnishes additional ground for that vigilance and caution, hitherto thought so necessary; and your excellency may rely on our cordial and prompt co-operation, in the renewal of those acts, about to expire, which may be necessary for the support of his majesty's government, and the safety and tranquility of the province, as well as in every other measure deemed equally expedient. "In these eventful times no transaction however distant the scene, or however unconnected we may appear to be with the object, can be indifferent to us; and your excellency renders justice to our feelings in believing that our hearts glow with a generous sympathy in the glorious cause in which Spain has drawn the sword, even were our interests not greatly increased by the interference of his majesty's arms. We devoutly implore the gracious interposition of Divine Providence in favour of a gallant people, contending for their dearest rights, against the worst of tyrannies; but should he for purposes, unknown to us, finally doom them to fall, Britain may at least console herself with the reflection, of having discharged a duty which cannot but be pleasing in his all benevolent eye; while the extent of the assistance she has afforded them, and the magnanimity with which she has shared their dangers, must carry conviction to the world, that she fights not for herself alone. The Portuguese nation have already experienced this truth, in their delivery from the most intolerable oppression by the successful victory of Vimiera, and the subsequent evacuation of their country, by their merciless enemy: As these events have added lustre to his majesty's arms, they are subjects of congratulation and peculiar satisfaction to us, having occurred in favour of a people so long and so faithfully the friends and allies of Great-Britain."
Gazette Marine Memoranda. ARRIVED. Brig Reward, Goodwin, 16 days from St. Bartholomews, Coffee, &c. to the master. Sch'r Caroline, Davis, 10 days from Havana, Sugar & Coffee, Bowden & Milhado. Sch'r Tartar, Keele, 4 days from Charleston, Rice, Jennings & Roddey. Sloop Cape May, Young, 3 days from Philadelphia. Sch'r Hiram, Williams, 4 days from Philadelphia. Sch'r Fair Play, Grimalds, 20 days from Laguire, bound to Alexandria, put in on account of head winds—Left the sloop Phoebe, Kelly, to sail for this port the next day. The sch'r Seahorse, capt. Wheaton, of and bound to Philadelphia, from Wilmington, N. C. ran on Hampton bar on Wednesday night, and bilged. It is expected the cargo will be saved, consisting of naval stores, lumber and cotton. Philadelphia, May 13. Last evening arrived brig Levant, capt. Forman, from London, which she left the 26th of March, and of course brings nothing new. The Harkimer, for New-York, left London same day. The ship Native, Hill, and the ship Polly, Hore, were loading for this port and were to sail in about 12 days.—On his passage the 20th of April lat. 44 long. 57 he fell in with large fields of ice, thro' which he proceeded. On the 2d of May lat. 38 14 long. 68, spoke the ship Harriot, Matilda, from Bristol for New-York 54 days out, had lost her foretopmast and boats and was very leaky, but wanted nothing.
PORT OF NORFOLK AND PORTSMOUTH. CUSTOM-HOUSE—ENTERED. Sch'r Caroline, Davis, Havana. Mohawk, Cowper, St. Jago. CLEARED. Ship Nancy, Noyes, Richmond. Brig Eagle, Beilington, Port Royal. Sch'r Two Brothers, Chadwick, Edenton. For London, The Brig CAROLINE, Capt. Dook, Burthen 230 tons. Moses Myers & Son. May 19.
Sale of Peas in Christ's Church. On Tuesday, 23d of May, at eleven o'clock in the forenoon, the following Peas will be Sold to satisfy a claim for ground rent, unless the money due from the owners of said Peas is paid before the said 23d day of May—viz. Nos. 45, 24, 10, 37, Garden Peas. Nos. 60, 43, 41, 24, 09, 01, 8, 32, 38, 03—59—Peas below Stairs. W. C. Moore, D. S. For Samuel Massey, Bargeman. May 12.
Useful and fashionable Goods, Received from Liverpool, via New-York, this spring. Also in Lumber Yard, 50,000 W. O. drawn bhd. 30,000 do. rough do. 30,000 do. do. 10,000 feet seasoned Pitch Pine Plank, from 2 to 4 inches thick. Wanted Immediately, A quantity of Mast, Spars, and Oak Plank, For which a liberal price will be given. May 19.
POCKET BOOK FOUND. Was picked up on Wednesday last, an old Red Morocco Pocket Book, tied with twine, containing money, papers which may be useful to the owner, and other things. It is supposed to belong to Mr. John A. A. A. of the city of Philadelphia. The owner can have it on application to the Post Office, and by paying the expense of this notice. May 19.
TO BE SOLD. For Ready Money at Public Auction, On Thursday 25th of May next, at 11 o'clock, A HOUSE AND LOT, Situate on Church Street, between the streets of Norfolk and State, containing about 1000 square feet, with a good well of water, and a cistern. It will be sold by virtue of a decree of the Court of Chancery, by the name of James Whistler, executor, and others. It will be ready to deliver on the 1st of June next. May 16.
NORFOLK THEATRE. The Public are respectfully informed, that in consequence of an arrangement for the season, the play of the Comedienne, or the Younger Sister, will be alternately short, during which time, it is hoped an affixed general advertisement, a New Production will be given each night of performance—Nor will there be any postponement on account of weather.
THIS EVENING, May the 19th, Will be presented, the celebrated Comedy, called SHE STOOPS TO CONQUER; Or, The Mistakes of a Night. Sir Charles Marlow, Mr. Clark; Young Marlow, Mr. Young; Hardcastle, Mr. Kingwood; Hastings, Mr. Spat; Tony Lumpkin, Mr. Foss; Diggory, Mr. West; Fanny Bervant, Mr. Byrne; Landon, Mr. Utt; Manlove, Mr. Clough—Mrs. Hardcastle, Mrs. Clark; Mrs. Hastings, Mrs. Placide; Miss Neville, Mrs. Young; Miss Hardcastle, Miss Utt.
End of the Play, a Ballad called THE WOOD CUTTERS. To be performed by Miss Placide, Miss J. Placide, and Master H. Placide. To which will be added, (for the first time here) a Musical Drama, in two acts, called The Hunter of the Alps. Written by Mr. Dimond, jun. Author of the Hero of the North, &c.
The story on which this interesting piece is founded is particularly well chosen. It places before us a man of the strictest principles of honour and integrity, by unforeseen calamities reduced in a moment from opulence to the utmost poverty; and with his beloved wife and children, forced from the highest state of polished society to wander, an outcast, seeking shelter in the extensive forests of Savoy. There, in a miserable cottage, depending daily bread on the labour of his hands, or the more precarious exertions of the chase; reduced to the utmost extremity of want by his unfeeling employer's refusal to advance his scanty pittance, he returns and sees his wife and children perishing for food. Stung to the heart, the unfortunate Rossi rushes into the forest, and meeting with a nobleman who had lost his way by too eagerly pursuing the chase, he commits a fatal act of desperation!—He is about to be seized as a malefactor, when the moments of deepest horror are changed into the most perfect happiness, and displays a forcible example of the impiety of doubting the justice of Providence. Felix, Mr. Young; Rosalvi, Mr. Clark; Jernynon, Mr. West; Juan, Mr. Spat; Empista, Mr. Kingwood; Marco, Mr. Clough; Pietro, Mr. Byrne; Julio di Rosalvi, Master H. Placide; Florio di Rosalvi, Miss S. Placide; Helena di Rosalvi, Mrs. Placide; Genevieve, Mrs. Young; Claudine, Miss Clark; Ninette, Mrs. Utt. Act I—A Romantic Dile bordering on the Alps, during which scene the hunters descend in groups from the mountains in pursuit of their game. Act II—A Rural Wedding, and a procession of Savoyards, displaying various emblems of the happiness of conjugal love, and exhibiting a pleasing picture of the innocent manners of the natives of Savoy. Doors to be opened at 6, and the curtain to rise precisely at 7 o'clock. Tickets to be had at the Office of the Theatre. Subscribers will please send as usual to Mrs. West for their Tickets.
Sales at Auction. Postponed Sale. On Saturday next, the 20th instant, At XII o'Clock, Will positively be Sold at the Exchange Coffee-House, The Brig Franklin, With all her materials, burthen 224 tons, Terms 3, 4, and 6 months, for approved notes. Francis Smith, V. M. May 17.
Postponed Sale. On Monday next, the 22d instant, At XII o'Clock, Will be Sold without reserve, at James Young's new wharf, The elegant New Ship HERALD, Copper fastened, with all her tackle as she lies, as per inventory, which will be exhibited. Terms, one sixth Cash; one sixth 60, 90, 120, 150, and 180 days, approved endorsed notes. S. MARKS, Jun. May 19.
Just landing from on board the Schooner Tartar, from Charleston, 120 casks New RICE, and a few bales COTTON, For Sale by Jennings & Roddey. The said Schooner TARTAR, Burthen about 100 tons, new and in complete order for the reception of a cargo, is offered for sale on accommodating terms. Apply as above. May 19.
DANIEL SANFORD, No. 88, Main-Street, offer for Sale a handsome assortment of Useful and fashionable Goods, Received from Liverpool, via New-York, this spring. Also in Lumber Yard, 50,000 W. O. drawn bhd. 30,000 do. rough do. 30,000 do. do. 10,000 feet seasoned Pitch Pine Plank, from 2 to 4 inches thick. Wanted Immediately, A quantity of Mast, Spars, and Oak Plank, For which a liberal price will be given. May 19.
POCKET BOOK FOUND. Was picked up on Wednesday last, an old Red Morocco Pocket Book, tied with twine, containing money, papers which may be useful to the owner, and other things. It is supposed to belong to Mr. John A. A. A. of the city of Philadelphia. The owner can have it on application to the Post Office, and by paying the expense of this notice. May 19.
TO BE SOLD. For Ready Money at Public Auction, On Thursday 25th of May next, at 11 o'clock, A HOUSE AND LOT, Situate on Church Street, between the streets of Norfolk and State, containing about 1000 square feet, with a good well of water, and a cistern. It will be sold by virtue of a decree of the Court of Chancery, by the name of James Whistler, executor, and others. It will be ready to deliver on the 1st of June next. May 16.