Norfolk gazette and publick ledger (Norfolk [Va.]), 1809-01-16 00:00:00

NORFOLK GAZETTE AND PUBLICK LEDGER.  SINT HIC ETIAM SUA PREMIALAURA.
[VOL. V.
MONDAY EVENING, JANUARY 16, 1809.
NO. 78.]
An Act to enforce and make more effectual an act, entitled, "an act laying an embargo on all ships and vessels, in the ports and harbours of the United States," and the several acts supplementary thereto. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any person or persons shall put, place, or load on board any ship, vessel, boat or water craft, or into any cart, waggon, sled, or other carriage or vehicle, with or without wheels, any specie, goods, wares or merchandise, with intent to export, transport or convey the same without the United States or the territories thereof, to any foreign place, kingdom or country, or with intent to convey the same on board any foreign ship or vessel within or without the limits of the United States, or with the intent in any other manner to evade the acts to which this act is a supplement, all such specie, goods, wares and merchandise, and also the ship, vessel, boat, water craft, cart, waggon, sled, or other carriage or vehicle, on board, or in which the same may be so put, placed, or loaded as aforesaid, shall be forfeited, and the person or persons so putting, placing or loading the same as aforesaid, and also the aiders and abettors therein, shall upon conviction, be adjudged guilty of a high misdemeanor, & fined a sum, by the court before which the conviction is had, equal to four times the value of such specie, goods, wares and merchandise. Provided however, That this section shall not be construed to extend to any person or persons, not being the owner or owners of such specie, goods, wares or merchandise, who shall first inform and make complaint to the collector of the district of any such offence committed within the same district; and any informer or informers not being the owner or owners as aforesaid, upon conviction of the offenders, shall be entitled to one half the fine aforesaid, when the same shall be received by the United States, and shall be entitled to a certificate for that purpose from the court before whom the conviction shall be had.
Sec. 2. And be it further enacted, That it shall not be lawful to put on board any ship, vessel, or boat of any description whatever, any specie or goods, wares or merchandise, either of domestic or foreign growth, produce, or manufacture, and the same is hereby prohibited unless a permit particularly stating the articles thus to be laden shall have been previously obtained from the collector of the district in which such ship, vessel, or boat may then be, or from a revenue officer specially authorized by the collector to grant such permits; nor unless the lading shall be made under the inspection of the proper revenue officers, nor unless the owner or owners, consignee or factor of such ship, vessel, or boat shall, with the master, have given bond with one or more sureties to the United States in a sum six times the value of the vessel and cargo, that the vessel shall not leave the port without a clearance, nor shall, when leaving the port, proceed to a foreign port or place, nor shall put any article on board of any other vessel; and that the whole cargo shall be reloaded either in the port where the vessel may then be, or in such other port of the United States as shall be designated in the clearance. And it shall be lawful for the collectors of the customs to refuse permission to put any cargo on board any such ship, vessel, or boat, whenever in their opinion there is an intention to violate the embargo, or whenever they shall have received instructions to that effect by direction of the President of the United States: Provided, that nothing contained in this section shall be construed to extend to any ship, vessel, or boat, uniformly employed in the navigation only of bays, sounds, rivers and lakes, within the jurisdiction of the United States, which shall have obtained a general permission, agreeably to the provisions in the fourth section of this act.
Sec. 3. And be it further enacted, That the owner or owners, consignee or factor, of any ship, vessel, or boat, as described in the preceding section, which may, at the time when notice of this act shall be received at the several custom-houses respectively, be laden in whole or in part, shall, on notice given by the collector, either discharge such cargo or give bond for the same, in the manner and on the conditions mentioned in the preceding section; and if the cargo shall not be discharged within ten days or the bond given within three days after such notice, the ship, vessel, or boat and cargo shall be wholly forfeited: But the collectors are hereby authorized to order or to cause the cargoes, of such vessels to be discharged for the same causes as they may refuse permission to put any cargo on board of vessels not yet laden in whole or in part. And they are likewise authorised in the meanwhile, and until the cargoes shall have been discharged, or bonds given, as the case may be, to take possession of such vessels, and to take such other measures as may be necessary to prevent their departure.
Sec. 4. And be it further enacted, That the collectors of the customs be and they are hereby authorised to grant, under such general instructions as the President of the United States may give to that effect, a general permission to ships, vessels, or boats, whose employment has uniformly been confined to the navigation of bays, sounds, rivers, or lakes within the jurisdiction of the United States, when it can be done without danger of the embargo being violated, to take on board at any time such articles of domestic or foreign growth as may be designated in such general permission or permissions, bond with one or more sureties being previously given to the United States by the owner, owners, consignee, or factors of such ship, vessel, or boat, and by the master thereof, in an amount equal to three hundred dollars for each ton of the said vessel, that such vessel shall not, during the time limited in the condition of the bond, depart from any district of the United States without having previously obtained a clearance, nor until the master or commander
shall have delivered to the collector or surveyor of the port of departure a manifest of the whole cargo on board, that the said vessel shall not during the time above mentioned, proceed to any other port than that mentioned in her clearance, or put any article on board of any other vessel, or be employed in any foreign trade; and that on every voyage or trip the whole of the cargo shall be landed in a port of the United States within the bay, sound, rivers, or lakes to which the navigation of such vessel is confined.
Sec. 5. And be it further enacted, That if any ship, vessel, or boat, not having received a general permission, and a general bond not having been first given in the manner provided for in the next preceding section, shall take on board any specie, or any goods, wares or merchandise, either of foreign or domestic growth, produce, or manufacture, contrary to the provisions of the second section of this act, such ship, vessel, or boat, together with the specie and goods, wares or merchandise, shall be wholly forfeited; and the owner or owners, agent, freighter, or factors, master or commander of such ship, vessel or boat, shall moreover severally forfeit and pay a sum equal to the value of the ship, vessel, or boat, and of the cargo put on board the same.
Sec. 6. And be it further enacted, That the person or persons whose names do or may appear as owner or owners of any ship or vessel either on the certificate of registry, enrollment, or licence of any such ship or vessel, or if neither registered or licensed, on the last clearance or custom-house document issued before the passing of this act for such ship or vessel, shall be reputed as the true owner or owners of such ship or vessel and be liable to the payment of all penalties which may be incurred by the owners of such ship or vessel, by reason of any violation of any of the provisions of this act, or of the act laying an embargo on all ships and vessels in the ports and harbours of the United States, or of any of the acts supplementary thereto by such ship or vessel: Provided always, That nothing in this section contained shall be construed to release any other person or persons from the payment of any penalty incurred by virtue of any of the acts aforesaid. And in case of any new register or licence being granted during the continuance of the said acts, or in case of the sale of any ship or vessel neither registered or licensed, a bond with one or more sureties to the United States shall, previous to the granting any such new register or licence, or to recognizing the sale of such vessel not registered or licensed, be required by the collector, in an amount equal to three hundred dollars for each ton of such ship or vessel that such ship or vessel shall not, during the continuance of the acts laying an embargo on all ships and vessels in the ports and harbours of the United States, contravene or infringe any of the provisions of the said acts: Provided, That nothing herein contained, shall be construed to extend to the owner or owners of any ship or vessel who shall have made a bona fide sale of such ship or vessel, in any port or harbour of the United States, before notice of this act at such port or harbour, respectively; nor to the owner or owners of any ship or vessel, in any foreign port or place, who shall have made a bona fide sale thereof, before notice of this act: And provided also, That such bond shall not release the owners and master of such ship or vessel, or any other person from the obligation of giving every other bond required by this act or by any of the acts aforesaid.
Sec. 7. And be it further enacted, That in all cases where either under this act, or under the act laying an embargo on all ships or vessels in the ports and harbours of the United States, or under any of the acts supplementary thereto, a bond has been or shall be given to the United States with condition that certain goods, wares, and merchandise or the cargo of a vessel shall be reloaded in some port of the United States, the party or parties to such bond, shall within two months after the date of the same (unless in the case of a voyage from New Orleans to an Atlantic port, or from an Atlantic port to New Orleans, in either of which cases, four months shall as heretofore be allowed,) produce to the collector of the port from which the vessel had been cleared with such goods, wares, merchandise or cargo, a certificate of the reloading of the same from the collector of the proper port; on failure whereof, the bond shall be put in suit; and in every such suit, as well as in every suit instituted on a bond given for a voyage from or to New Orleans, judgment shall be given against the defendant or defendants, unless proof shall be given of such reloading, or of loss of the vessel at sea. But neither capture, distress, or any other accident whatever shall be pleaded or given in evidence in any such suit: Unless such capture shall be expressly proved to have been hostile, and such distress or accident occasioned by no negligence or deviation, nor unless such vessel have been from the commencement of the voyage wholly navigated by a master, mate or mates, mariners and crew, all of whom shall be citizens of the United States, nor unless such mate or mates, mariners and crew, shall all, if living, (and the proof of their death shall lie on the defendant) be produced on the trial, and sworn as competent witnesses, nor unless such master, mate or mates, mariners and crew, shall have signed a shipping paper in due form of law, and a copy thereof designating specially the master, mate or mates, mariners and crew, and their permanent places of residence, shall have been lodged with the collector of the port, to whom the bond aforesaid shall have been given, before the commencement of the voyage, and subscribed and sworn to by the master before such collector; and any master who shall falsely, wilfully, and corruptly swear as to the facts contained in such copy, shall, on conviction, suffer the pains and penalties of perjury. And in
every suit instituted on a bond given as aforesaid, the defendants shall pay all costs, if they shall not within the limited time, have produced the certificate of reloading to the collector of the proper port.
Sec. 8. And be it further enacted, That no registered or sea letter vessel, although in ballast, shall receive a clearance, or be permitted to depart from any port of the United States, unless the same bond shall have been previously given which is required from vessels licenced for the coasting trade, before they are allowed to depart. And if any such ship or vessel shall depart without bond having been given as aforesaid, the said ship or vessel shall be forfeited; and the owner, owners, agent, consignee, factor, and master or commander of such ship or vessel, as well as any other person concerned in such prohibited departure, shall be liable to the penalties imposed by law in the case of vessels licenced for the coasting trade departing without bond having been given, or without clearance, as aforesaid.
Sec. 9. And be it further enacted, That the collectors of all the districts of the United States, shall, and they are hereby authorised to take into their custody specie or any articles of domestic growth, produce, or manufacture, found on board of any ship or vessel, boat or other water craft, when there is reason to believe that they are intended for exportation, or when in vessels, carts, wagons, sleighs, or any other carriage, or in any manner apparently on their way towards the territories of a foreign nation, or the vicinity thereof, or towards a place whence such articles are intended to be exported; and not to permit such articles to be removed until bond with sufficient sureties shall have been given for the landing or delivery of the same in some place of the United States, whence, in the opinion of the collector there shall not be any danger of such articles being exported.
Sec. 10. And be it further enacted, That the powers given to the collectors, either by this or any other act respecting the embargo, to refuse permission to put any cargo on board any vessel, boat, or other water craft, to detain any vessel, or to take into their custody any articles for the purpose of preventing violations of the embargo, shall be exercised in conformity with such instructions as the President may give, and such general rules as he may prescribe for that purpose, made in pursuance of the powers aforesaid; which instructions and general rules the collectors shall be bound to obey: And if any action or suit be brought against any collector or other person acting under the directions of and in pursuance of this act, he may plead the general issue, and give this act and the instructions and regulations of the President in evidence for his justification and defence. And any person aggrieved by the acts of any collector in either of the cases aforesaid, may file his petition before the district court of the district wherein the collector resides, stating the facts of his case, and thereupon, after due notice given to the district attorney and the collector, the said court may summarily hear and adjudge thereupon as law and justice may require, and the judgment of said court, and the reason and facts whereon it is grounded, shall be filed among the records of said court; and if restoration of the property detained or taken in custody, or permission to load as aforesaid, shall be decreed, it shall be upon the party's giving such bond with sureties as is or shall be required to be taken in similar cases by the collector, and not otherwise: but if the said court shall adjudge against such petition, the collector shall be entitled to treble costs, which shall be taxed for him, and execution awarded accordingly by the court.
Sec. 11. And be it further enacted, That it shall be lawful for the president of the United States, or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces or militia of the United States, or of the territories thereof as may be judged necessary, in conformity with the provisions of this and other acts respecting the embargo for the purpose of preventing the illegal departure of any ship or vessel, or of detaining, taking possession of, and keeping in custody any ship or vessel, or of taking into custody and guarding any specie or articles of domestic growth, produce, or manufacture, and also for the purpose of preventing and suppressing any armed or riotous assemblage of persons resisting the custom-house officers in the exercise of their duties, or in any manner opposing the execution of the laws laying an embargo, or otherwise violating, or assisting and abetting violations of the same.
Sec. 12. And be it further enacted, That all penalties and forfeitures incurred by force of this act, unless herein before directed; and all penalties and forfeitures incurred by force of the act, entitled "an act laying an embargo on all ships and vessels in the ports and harbours of the United States," or by virtue of the several acts supplementary thereto, may be prosecuted, sued for, and recovered by action of debt, or by indictment or information, any law, usage, or custom to the contrary notwithstanding; and if recovered in consequence of any seizure made by the commander of any public armed vessel of the United States, shall be distributed according to the rules prescribed by the act, entitled, "an act for the government of the navy of the United States," and if otherwise, shall be distributed, and accounted for in the manner prescribed by the act, entitled "An act to regulate the collection of duties on imports and tonnage," passed the second day of March, one thousand seven hundred and ninety nine, and may be mitigated or remitted in the manner prescribed by the act, entitled "An act to provide for mitigating or remitting forfeitures, penalties, and disabilities accruing in certain cases therein mentioned," passed the third day of March, one thousand seven hundred and ninety-seven, and made
perpetual by an act passed the eleventh of February, one thousand eight hundred, any officer or other person entitled to a part or share of any of the fines, penalties or forfeitures aforesaid, may, if necessary, be a witness on the trial thereof, but in such case he shall not receive any part or share of the said fine, penalty or forfeiture, but the part or share to which he would otherwise be entitled shall revert to the United States.
Sec. 13. And be it further enacted, That the President of the United States be, and he hereby is authorised to hire, arm and employ thirty vessels, not exceeding in tonnage one hundred and thirty tons each, belonging to citizens of the United States, and so many seamen as shall be necessary to man the same for immediate service, in enforcing the laws of the United States on the sea coast thereof, and to dismiss the same from service whenever he shall deem the same expedient. Provided however, That such hiring, arming and employment shall not be for a term exceeding one year. And the said ships or vessels when so hired and armed, shall be employed under the direction of the Secretary of the Treasury.
Sec. 14. And be it further enacted, That the powers given to the President of the United States by the seventh section of the act of March the twelfth, one thousand eight hundred and eight, to grant permission to citizens having property of value in places without the jurisdiction of the United States, to dispatch vessels for the same, shall henceforth cease.
Sec. 15. And be it further enacted, That this act shall be in force from and after the passing thereof, during the continuance of the act, entitled "An act laying an embargo on all ships and vessels in the ports and harbours of the United States," and no longer.
J. B. VARNUM, Speaker of the House of Representatives. GEORGE CLINTON, Vice President of the United States, and President of the Senate. Approved, January 9, 1809. TH: JEFFERSON.
To Persons who have Lost Bank Notes, by the ROBBING THE MAILS.
A MAN has been apprehended upon suspicion of having Robbed the Mail, with a view to lead to his conviction, it has been thought advisable to publish the description of a Note passed by him. Therefore, whoever has lost the following one hundred dollar bank note, is requested to give information to the editor of this paper. Letter O, No. 5024, United States Bank, dated 28th April, 1807, payable at the Office of Discount and Deposit Washington. It is conjectured that this robbery was committed on the mail, between this and Newbern. January 13.
THIRTY PIECES RUSSIA CANVASS, OF THE FIRST QUALITY, For Sale for Cash, by Niemeyer & Von Kapff. January 13. 6
NORFOLK DRAWBRIDGE.
Extract from the proceedings of the Company at their annual meeting, on the second Monday in January, 1809.
"RESOLVED, That the regulation heretofore made, allowing persons to pass and return during the same day, for a single toll, or 4 d. be, repealed, and that from and after Monday next, the 16th inst. the Toll-Keepers shall demand and receive the full tolls as regulated by law, excepting always those from this regulation who have, or may contract for their passage by the year." Luke Wheeler, President. John Southgate, Robert Maitland, Walter Herron. January 13.
WANTED ON RENT, A HOUSE, in a convenient part of the Town, for a small family. Apply to the Printer. January 13.
Five Hundred Barrels of FLOUR, or other Goods, will be taken at half freight to New Orleans, in the Ship Six Sisters (she having special permission) if immediate application is made to Peter Wirgman, Exchange Coffee House. January 13. 3*
ONE CENT REWARD. RANAWAY from the Subscriber on Wednesday the 11th instant, an apprentice lad named GEORGE BRYANT, about 17 or 18 years of age, of a light complexion, has remarkable large feet; had on when he absconded, a blue jacket, trowsers, and check shirt. I forewarn all persons from harbouring or carrying off the said apprentice. The above reward will be paid to any person for apprehending and delivering the said apprentice to the Subscriber. BEVERLEY BAYTON. Portsmouth, January 13, 1809. 3t
LOST, Certificates for Stock in the Bank of Virginia, as follows: 4 SHARES in the name of William Pennock, 2 do. in the name of Sarah C. Pennock, 2 do. in the name of Courtney Pennock, 2 do. in the name of William H. Pennock. TEN SHARES; for which ten shares application will be made for renewals, according to law. William Pennock. January 9 2n

FRIDAY, Dec. 30.
Debate on the resolution to raise 50,000 Volunteers. (CONCLUDED.)
Mr. Quincy. I agree with the gentleman from Virginia (Mr. Eppes) that the present is a period, in which it becomes members of this legislature to maintain their independence and not to shrink from responsibility. I agree that it is a time in which all men in places of trust should weigh well the principles, by which they are actuated and the ends at which they aim; and that they should mark both so distinctly as that they may be fully understood by the people. But I hope it is not, and that there never will be a time, in which it becomes the duty of any man or set of men on this floor, under pretence of national exigencies, to concur in an infringement of the limits of the constitution. I trust it is not a time, for a member of such a legislature as this, thoughtlessly to strengthen hands which already hold powers inconsistent with civil liberty, our surrender of authority especially entrusted to us by the people, into the exclusive possession of another department of the government.
The gentleman from Virginia (Mr. Eppes) alleges, that the men, whom he calls federalists, have, for party purposes, represented the embargo as a permanent measure. He disclaims such an idea, both on his own account and on that of a majority of this house. On this head, I am ready to maintain, that the embargo law, as it was originally passed, was an abuse of the powers vested in this branch of the legislature, and as it has been subsequently enforced by supplementary laws, is a manifest violation of the constitution, and an assumption of powers vested in the states; and that until I have some satisfaction on these points, I am not disposed to pass a law for raising such an additional military force as this bill contemplates.
Concerning the permanency of the embargo, about which so much wire-drawn ingenuity has been exercised, this I assert, that so far as relates to the powers of this house, the embargo is permanent. That control over commerce, which the constitution has vested in us, we have transferred to the executive. Whether the people shall ever enjoy any commerce again, or whether we shall ever have any power in its regulation, depends not upon the will of this house, but upon the will of the president and of twelve members of the senate. The manner in which the powers vested in this branch of the legislature has been exercised, I hesitate not to declare a flagrant abuse of those powers, and a violation of the most acknowledged safeguards of civil liberty.
Sir, what is the relation in which this house, in the eye of the constitution, stands to the people? Is it not composed of men, emanating from the mass of the community? Are not our interests peculiarly identified with theirs? Is not this the place in which the people have a right naturally to look for the strongest struggle for our constitutional privileges, and the last surrender of them unconditionally to the executive? Is not the power to regulate commerce, one of the most important of all the trusts reposed in us by the people? Yet how have we exercised this most interesting power? Why, sir, we have so exercised it as not only to annihilate commerce, for the present, but so as that we can never, hereafter, have any commerce to regulate, until the president and twelve senators permit. Gentlemen, when pressed upon the constitutional point resulting from the permanent nature of this embargo, repel it, as the gentleman from Virginia (Mr. Eppes) did just now, by a broad denial. "It is not permanent," say they, "It was never intended to be permanent." Yet it has every feature of permanency. It is impossible for terms to give it a more unlimited duration. With respect to intentions, the president and senate have a right to speak upon that subject. They have a power to permit commerce again to be prosecuted, or to continue its prohibition. But what right have we to talk in this manner? I know that we every day amuse ourselves in making some law about commerce. Sir, this is permitted. It is a part of the delusion by which we practice upon the people, and perhaps upon ourselves. While engaged in debate, we feel as if the power to regulate commerce was yet in this house. But put this matter to the test. Pass a law unanimously to-morrow repealing the embargo. Let two thirds of the senate concur. Let the president and twelve men determine not to repeal, I ask, is there any power in this house to prevent them from continuing this embargo forever? The fact is undeniable. Let the president and twelve men obstinately persist in adherence to this measure, and in spite of the intentions of this house, the people can alone again obtain their commerce by a revolution. It follows from what I have stated, that those may well enough talk about what they intend, who have the power of fulfilling their intentions. But on that subject, it becomes the members of this house to be silent, since that power which we once possessed has, by our own act, departed. So far as this house can ever hereafter enjoy the opportunity of again regulating commerce, it depends not upon the gift it received from the people, but upon the restoration to us of that power, which the people have entrusted to our care, we have without limitation transferred to the executive.
Yes, sir. The people once had a commerce. Once, this house possessed the power to regulate it. Of all the grants in the constitution, perhaps this was most highly prized by the people. It was truly the apple of their eye. To their concern for it, the constitution almost owes its existence. They brought this the object of their choice affections, and delivered it to the custody of this house, as a tender parent would deliver the hope of his declining years, with a trembling solicitude to its selected guardians. And how have we conducted in this sacred trust? Why, delivered it over to twelve dry nurses, concerning whose tempers we know nothing; for whose intentions we cannot vouch; and who, for any thing we know, may some of them have an interest in destroying it.
Yes, sir, the people did entrust us with that great power—the regulation of commerce. It was their most precious jewel. Richer than all the mines of Peru and Golconda. But we have sported with it, as though it were common dust. With a thoughtless indifference, in the dead of the night, not under the cover of the cheering opinions of our eagle, but under the mortal shade of the bat's wing, we surrendered this rich deposit. It is gone. And we
could take the privilege of a member to answer them, if they were plausible. Mr. MASTERS made some observations upon the point of order; and as the house was rather in a state of agitation, moved to adjourn. Mr. Quincy having given way for the purpose.—Negatived—Ayes 22.
Mr. QUINCY.—Notwithstanding all the interruptions I have experienced, my observations have been perfectly in order. The reason I am opposed to the resolution is, that the force proposed to be raised is, in my opinion, intended not to meet a foreign enemy, but to enforce the embargo laws. Now is it not the most pertinent and strongest of all arguments against the adoption of such a resolution, to prove that the powers of the executive in these respects, already transcend the limits of the constitution, and that these laws proposed thus to be enforced, are open violations of it? Considering, however, the temper of the house, I shall limit myself to the statement and elucidation of a single position. And the argument I shall offer, will be only in outline. I will not enter into the wide field, which the greatness of the question naturally opens. I know that as soon as my position is stated, gentlemen, advocating the present measures, will be ready to exclaim, it is a small objection. But, I warn gentlemen, that, small as it may appear to them, the principle receive the sanction of the people and the support of the states legislatures, there is an end of this destructive system of embargo.
The position I take, and which I mean to maintain is, that those provisions of the embargo laws, which assume to regulate the coasting trade, between ports and ports of the same state, are gross invasions of the rights of the states, and palpable grasps of power, beyond the limitation of the constitution. I ask the attention of the house to a very short argument upon this subject. I present it, not by way of crimination, but as worthy of its consideration and candid examination. I feel no passions on the question. If any have been exhibited by me, they were caught at the flame, kindled by the gentleman from Virginia (Mr. Eppes).
The powers granted to Congress, in relation to commerce, are contained in the 8th section of the first article of the constitution, in these words:— "The Congress shall have power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes." The particular power to which I object, as being assumed, if granted at all, is contained within the terms, "commerce among the several states." In reference to which, I ask this question; can the grant of a power to regulate commerce among the states, by any fair construction, be made to include a power to regulate commerce within a state? It is a simple question. The strength and certainty of its conclusion results from its simplicity. There is no need of any refined argument to arrive at conviction. It is a plain appeal to the common sense of the people. To that common sense, which on most practical subjects, is a much surer guide than all the reasoning of the learned. It is scarce possible, there can be but one answer to this question. To bring the subject more directly into the course of reasonings of common life, suppose that ten householders, who live in a neighbourhood, should agree in a tribunal, which should possess powers to regulate commerce, or intercourse among their houses, could such an authority be fairly extended to the regulation of the intercourse of the members of their families within their respective houses? Under a grant of power like this, would such a tribunal have a right to regulate the intercourse between room and room, within each dwelling house? It is impossible. Nothing can be plainer. The general government has no colour for interfering with the interior commerce of each state, let it be carried on by water or by land. The regulation of the commerce between ports and ports, of the same state, belongs exclusively to the states, respectively.
In further support of this position, a strong argument results from the ninth section of the first article: "No tax or duty shall be laid on articles exported from any state. No preference shall be given by any regulation of commerce or revenue, to the ports of one state over those of another; nor shall vessels bound to or from one state, be obliged to enter, clear, or pay duties in another." In this clause of the constitution, the people restrict the general power over commerce, granted to Congress. And to what objects do those restrictions apply? To exports from a state; to preference of the ports of one state over those of another; to vessels bound to, or from one state, in another. Not one word of restriction of the powers of congress touching that great portion of commerce between ports and ports of the same state. Now can any thing be more conclusive, that the general power of regulating commerce did not, in the opinion of the people, include the right to regulate commerce between ports and ports of the same state, than this fact, that they have not thought it necessary even to enumerate it, among these restrictions? If it were included in the grant of the general power, can a reason be shewn, why it was not, as well as the others, included within these restrictions? That it is not provided for among these restrictions, is perfect conviction, to my mind, that it was never included in the general power. A contrary doctrine leads to this monstrous absurdity, that congress, which, in consequence of these constitutional restrictions, can neither grant any preference to the ports of one state over those of another state, nor oblige vessels to enter, clear or pay duties, when bound to or from the ports of one state in another, yet that it may grant preferences to the ports of one state over ports in the same state, and may oblige vessels to enter, clear and pay duties, when bound from port to port, within the same state. This enormous consequence is inevitable. The conclusion, therefore, to my mind, is perfectly clear, that the reason why the people did not restrict the abuse of this species of power was, that the power itself was not granted to Congress.
I shall state only one other corroborative argument, drawn from another part of the constitution. By the second clause of the 10th section and 1st article, it is provided that, "no state shall, without the consent of congress, lay any imposts, or duties on imports and exports, except what may be absolutely necessary, for executing its inspection laws, &c." Now can it for one moment be admitted that, in consequence of this restriction, the individual states are prohibited from laying transit duties on articles passing from port to port, within their state limits? Can the states lay no toll upon ferries, across their rivers; no tax upon vessels plying up and down their rivers, or across their bays? May not the state
of New-York impose a duty upon vessels going from Hudson, or Albany, to New-York? Yet, if it be true, that the general power of regulating commerce among the states, includes the power of regulating commerce between ports and ports of the same state, all this great branch of state prerogative is absolutely gone from the individual states. A construction of the constitution, in which, if realized by the people, and the legislature of the states, in all its consequences, they never can acquiesce. The language of this clause is, in strict consonance with that construction of the constitution, for which I contend. It strongly and conclusively, to my mind, implies that the general power does not include the power to regulate commerce, between ports and ports of the same state.
The language of this clause is, "no state shall lay any imposts, or duties on imports or exports." These terms "imports and exports," are exclusively appropriate to duties upon goods, passing into a state or passing out of a state, and can never be made, by any fair construction, to extend to duties upon goods passing wholly within the limits of a state. On goods in this situation, that is on goods passing between ports and ports of the same state, the individual states have, notwithstanding this restriction in the constitution, the power to lay transit duties. Of consequence the regulation of this branch of trade is not included in the grant to congress of the general power over commerce among the states.
This is the point of view, which I take in this matter, of the constitution. On this ground it is, that I asserted that the rights of the states have been invaded in your embargo laws, and that this legislature has grasped a power not given to it by the constitution. And so far as the liberties of this people are dependent upon the preservation of the state and national authorities, in their respective orbits, I hesitate not to declare the embargo laws a manifest infringement of those liberties.
On a question of this magnitude, I cannot descend to inquire whether, in the early revenue laws, any regulations were made affecting this particular branch of trade. A practice in direct violation of the constitution, can have no binding force. Violations of the constitution, touching only a few solitary individuals, small in amount, or inconvenience, may, for a long period be submitted to without a struggle or a murmur. When the extension of the principle begins to affect whole classes of the community, the interest of the nation claims a solemn and satisfactory decision. The truth is, I can find but a single attempt in all your revenue laws, contrary to the construction for which I contend. In the case of carrying distilled spirits or imported goods of a specified amount, from port to port within a state, the master is obliged to make a manifest and take an oath that the duties have been paid. The infringement of the constitution was in this instance and in its immediate consequences, so trifling that it has passed without notice, and been submitted to without a question. But surely on the silent acquiescence of the people, in such a practice as this, can never be built the fabric of so enormous a power as your embargo laws attempt to exercise. Gentlemen say the embargo is brought into view on all occasions. Certainly, sir, it is connected with almost all national questions. I have no objection to voting for fifty thousand men, if I can be informed to what use they are to be applied. Let me only understand the system proposed. Is it intended to repeal the embargo and go to war? Or are these men only intended to enforce it? If the former, I have no objection to any requisite army. If the latter, I am in direct hostility to this proposition. Deeming the embargo laws unconstitutional, and powers vested in the executive which ought never to have passed out of the possession of this house, I will never acquiesce in augmentation of the military, until I am satisfied that the system is not to support by it, still farther violations of this constitution.
Mr. MACON said that he was opposed to this resolution in its present form. He did not know that men might not be necessary, but he wished them, if regular troops, or of whatever kind, to be distinguished by their proper name. He moved to strike out the words "fifty thousand," so as to leave the resolution blank. Negatived, 47 to 47. The Speaker, declaring himself in the negative.
Mr. MACON also moved to strike out "two" the term of service for which the troops were to be raised. Carried 52 to 49.
The question on the resolution was then decided by yeas and nays—Yeas 76—Nays 34.
From the Alexandria Daily Advertiser. COMMUNICATION. On Saturday the 10th ultimo, at Oak-Hill, in Fauquier county, an entertainment which has seldom been surpassed, was given as a tribute of respect to the talents and virtues of the Honourable JOHN MARSHALL, chief justice of the United States. Here it was that this illustrious personage received the plaudits of a generous people, among whom he had been reared until he arrived at that age when his career in their service commenced. Here too, did every heart harmonize in gratulations at the inward joy which blazoned the countenance of their beloved fellow-citizen, the offspring of their vicinage. Here was the place, and this the time when his many feelings, already lacerated by democratic virulence and injustice, received the mitigating balm, the approbation of his publick conduct, loudly announced by the acclamations of six hundred freemen. Does the poison administered to the infatuated citizens of America, which produced those disagreeable effusions of party zeal in the city of Baltimore, require a more immediate or effectual antidote. Does our presidential favourites wish a more satisfactory refutation of the inferences deduced from the dark insinuating language of their benefactor in his message to congress last November.
In short, does the world wish a stronger evidence of the purity of this great man's principles, than the warm approbation which has been expressed by the unanimous concurrence of all those who knew him from his childhood, and who have always been attentive to his actions, both in publick and private life.
There were between six and seven hundred persons who attended on this occasion, principally from this county and generally of the "Washington School," though in several instances, political antipathy and party prejudice gave way to the stronger powers of the mind and reason, and good sense, over persuaded many men who were professed de-
mons. The entertainment was given in a style of hospitality and good sense, which reflected credit on the host and his guests. The proceedings were marked by the most perfect order and decorum. The toasts were appropriate and spirited, and the whole affair was such as to leave a lasting impression on the minds of all who were professed de-

magrate, to join in the general opinion, that general Marshall was as devoid of corruption or anything impure, as the sun is destitute of frigidity and darkness.
It has been laid down as a never erring criterion, that common fame bottomed on mature reflection, was the best report. Then let the candid mind answer if the strong evidences of respect and attachment to general Marshall produced by a firm conviction of his greatness of soul from those citizens who have had the best opportunity of scrutinizing his conduct, is not at once the clearest and most incontrovertible demonstration of his moral virtues. Democracy with all her prejudice, will acknowledge his talents to equal at least the greatest favourite of her profession. Then of consequence it must be conceded that he is at once "moral, good and wise."
From the Kennebec Gazette. MORE FIRE OF THE FLINT.
At a large and respectable meeting of the inhabitants of the town of Bath, in legal town meeting assembled, on the 27th December ult. the following patriotic resolutions were unanimously accepted:
Resolved, That in the opinion of the people of this town, the end and object of government is to secure safety and protection to the individuals upon whom it operates, and to furnish them with the power of enjoying, in tranquility, their natural rights, and the blessings of life.
That whenever from defect in the form of that government, from corruption in the administration of it, or from other causes, those great and primary objects are not obtained, the people have a right, and their duty to themselves and their posterity requires them to exercise it, to enquire into the causes of their suffering and to take measures necessary for removing their grievances and advancing their safety and prosperity.
That the people of this town and the people of the state, so far as we are acquainted with their situation, are now suffering privations and hardships, which exceed in severity any thing of the kind which has afflicted our country since its struggle for independence; and we cannot but consider as the causes of this suffering and calamity, the oppressive and arbitrary laws of the general government, which prohibit all commerce with foreign nations, and which have, by their multiplied restrictions, almost abolished it among ourselves.
That we see with dread and detestation, military preparations making among us, armed men patrolling our streets, and officers of that government, under colour of these laws, arbitrarily seizing and sequestering the property of individuals, without any possible benefit to the community, and greatly to our annoyance and terror.
That the people have a right to understand the reason and intention of the laws, and none can be constitutional, or ought ever to be enacted, but such as have a tendency to promote the general good; that the strength and support of a republican government depend on the attachment and affections of the people, and that policy therefore must always be most heartily deprecated, which can ever deem it expedient to pass laws which need bayonets to enforce them.
That we have hitherto borne with silence the severe pressure of these ruinous laws; and although we deem it our duty to speak with firmness and decision our detestation of them, and will conduct towards the national government and its several officers with suitable deference and moderation; that we do however despair of obtaining any redress of those grievances, from that government, while its principal officers are filled as at present; and that our only hope is that the state governments by their remonstrances and resolutions, may have more influence in effecting these objects, than the petitions and memorials of individuals and towns.
Resolved therefore, that a respectful address be forwarded in the name of the people of this town to the legislature of this Commonwealth, stating to them the wrongs and grievances we already suffer, and the fearful apprehensions we experienced of speedily having our calamity increased by the addition of still more restrictive and arbitrary laws: expressing to them our approbation of the measures they have already adopted upon this important object, and requesting them to take such other immediate steps for relieving the people either by themselves alone or in concert with other commercial states as the extraordinary circumstances of our situation may require.
Also, that a committee of safety and correspondence be appointed to correspond with committees of other towns, if necessity in future should require it, on the best means of relieving our common country from its present embarrassed and distressed situation, and that it be the duty of said committee to watch over the safety of the people of this town, and to give them immediate alarm so that a regular meeting may be called whenever any infringement of their right shall be committed by any person or persons under colour or pretence of authority derived from any officer of the United States.
Also, That they be requested to attend particularly to any injuries and insults which may be committed or offered by any armed men patrolling our streets by night, and that they make complaint against such in future for going armed, to the terror and disturbance of the people, and cause them to be arrested and punished according to law.
BOSTON, January 6. FROM EUROPE.
Yesterday arrived at this port the schooner Jane, captain Hall, in 35 days from Oporto. Sailed from that place on the 29th November. About ten days before his departure, intelligence had been received from Coruna, that a great battle had been fought between the Spanish troops and the people, contending for the independence of their country, and their invaders, the French, in which the former were defeated, with the loss of 30,000 men. This news had not been officially received at Oporto, but was credited by some. The Portuguese, however, appeared to be in good spirits. The action, it was said, took place near Pampelona.
If it should prove correct, that a battle, so disastrous for the world has taken place, it must have been fought early in November—and our next arrival from England will probably furnish the particulars.
Letters from Oporto to the 25th November, are silent as to the above information.
Buonaparte was said to be on the Spanish frontiers with an army of 200,000, and the French army engaged was reported at 150,000.
THE PUBLICK LEDGER.
MONDAY EVENING, JAN. 16. 1809.
The government has taken up two ships, which are to sail from New-York, as soon after the 25th instant, as possible, one for Falmouth and one for L'Orient; merchants and others will have these opportunities for sending their letters.
It is expected that these vessels are dispatched for the purpose of announcing to France and Great-Britain, the future intentions of this government, in case those two nations do not revoke their offensive decrees. No doubt our late supplementary embargo law, with the non-intercourse law, will be sent on also. We have but little expectation that these measures of coercion will produce the effects, which their advocates have calculated upon. There is a repugnance in the weakest nations to negotiate with a rod held in terrorem ; proud and powerful nations will be less disposed to yield, especially when, as we believe, their interest is in the way; for we do also believe that our measures of restriction, are perfectly agreeable to both nations.
The account received at Boston, from Oporto, respecting the defeat of the Spaniards, deserves no credit, as it carries its own refutation with it.—The place of action, and the numbers engaged, are incredible. The account was received at Oporto, ten days before this vessel sailed, and no particulars had transpired. Letters from Oporto of the 25th, (and this vessel sailed the 29th November,) make no mention of such action, proving that if there had been such a report, that it was not credited.—That the Spanish patriots may have experienced a defeat, and that they will sustain many defeats, we cannot, nor ought not to doubt. A people who are contending for freedom, must not expect to establish it, without difficulties, or they would not know its value. The history of our own revolution, furnishes abundant information of what the constancy, and virtue of a people contending for self-government, can sustain.
In the first page of our paper will be found the last embargo law, originally introduced into the Senate by Mr. Giles , as amended in the House of Representatives, and as finally passed. So much has been said of the oppressive nature of this law, and of many arbitrary features which it contains, (and which are admitted by the person on whose report it was founded, and not denied by its advocates) that we shall not enlarge on these topics. May it not prove the grave, in which the liberties of America are to lay entombed! It is proper in this place however to notice the only defence which the advocates of the measure have offered—They say it is impossible to enforce the embargo laws without resorting to arbitrary measures. This may be very true. But they were told, that among other evils which the embargo would produce, a resort to arbitrary measures, to measures unknown to the principles of our government, would be unavoidable. It is said that the embargo laws enacted if not obeyed, must be enforced. To this, upon general principles we assent. At the same time we reserve the right to question the policy of laws, which require such extraordinary means to secure their observance.
We cannot dismiss this subject without noticing the sixth section of this law. The restraint upon the use of property, which this section imposes, is novel in principle, and must be oppressive in practice. The owners of vessels have already experienced the pressure of the embargo, beyond any portion of their fellow-citizens. If, from choice, they are inclined, or, from necessity, are driven to seek the sale of a vessel, and having effected it, they are compelled to remain bound that the purchaser and subsequent purchasers shall not violate the embargo laws—thus making one man responsible for the conduct of another, over whom he has no control, and whom, perhaps, he does not know. To shew the absurdity of this law, suppose there had been a section which obliged every farmer and planter to enter into security to six times the value before sale, that their tobacco, wheat, corn, or flour, should not be exported contrary to the embargo laws—Would such a law have been patiently submitted to? And where is the difference? If Mr. Jefferson, for example, had given bond, at the rate of fifty dollars per hundred, that no part of his crop, so well sold in Richmond a few months past, should be exported contrary to the embargo laws, he might before this day have been, or soon may be under prosecution, most innocently, we declare, but not more than A. who may sell a vessel to B. and which B. may sell C. who violates the law. Such unnatural restraints on the free use of property, are incompatible with the rights of a free people, and will, we fear, lead to consequences, which many who now compose a part of the present majority, may live to deplore.
The reader is requested to notice the treatment of Mr. Quincy ; the account of which is copied from the National Intelligencer. It will be remembered that Mr. Eppes preceded Mr. Q. In the course of his speech he took an ample view of the embargo, yet he was not put down . He used the name of a Senator (a thing unprecedented) with the most reproachful language, and yet he was not put down . This Senator was the friend and companion of
Washington, serving his country in the field and cabinet, when Mr. Eppes was probably learning his letters. This senator was Timothy Pickering !
DIED , this morning, JOHN CALVERT, Esq. an ancient inhabitant of this Borough.
BY LAST NIGHT'S MAIL.
GEORGE TOWN, (Dis. Col.) January 12. The house of representatives were engaged the greater part of yesterday on motion of Mr. D. R. Williams , to commit to a committee of the whole house, the bill for arming, manning and equipping the whole naval force of the United States. The motion was lost, 59 to 58.
Mr. BAYARD , has taken his seat in the senate, and Mr. ROWAN in the house of representatives.
CHARLESTON, (S. C.) Jan. 4. LATE FROM ENGLAND.
The British ship Anne, capt. Kernoch , in 49 days from Liverpool, anchored within the bar yesterday, and last evening some of the passengers came up to town in one of the pilot boats.
By this arrival we have been furnished with copious files of London and Liverpool papers to the 10th November.
It will be seen by the extracts which we have given this morning, that Buonaparte is about to "let slip his dogs of war" against Spain, in good earnest; and that he has arrived at Bayonne, to superintend their operations in person.
No action had been fought in Spain since the date of our last advices.
The British troops under Sir John Moote , and Sir David Baird , had formed a junction with the Spanish armies, and a general engagement was momentarily expected.
Courier. January 5.
A gentleman who came passenger in the ship Anne, from Liverpool, informs us that he has recently been in all the manufacturing towns in England.—He was at Manchester on the 4th November last.—He represents the manufacturers to be perfectly tranquil and apparently contented. They were all employed, although their supplies of cotton were not equal to the increasing demand for goods.—Very active arrangements had been made for the supply of this raw material from the Brazils and the British settlements in India. American affairs were very little the subject of conversation, except among the stockholders in the American funds and those merchants immediately concerned in our trade. The British ship owners were enriching themselves in consequence of the embargo; being left in the quiet and uncontrolled possession of the carrying trade, their ships are actively employed in the commerce of Spain, Portugal and their colonies, and the American merchants were not without fear that the British would exclude by treaty, the commerce of any other nation with those powers.
Ireland is in a state of profound tranquility, and the nation, generally, feels so lively an interest in the success of the Spanish patriots, and such indignation at the convention of Portugal, that every other subject of conversation was absorbed in these.
Extract of a letter from a merchant in Liverpool, to his correspondent in this city, dated November 10.
"Since our advice of the 5th inst. cotton has become very dull, owing to many more than half the spinners having given up spinning for the present. I am of opinion, on that account, it will not be much higher than the present prices, even allowing the embargo should continue till next March. It is supposed there is sufficient twist to serve the manufacturers for twelve months, if no more cotton was spun for that time. The best politicians are firmly of opinion, that the embargo has been of immense service to this country. English vessels have rose in value since it took place, full 50 per cent, and are now employed as carriers to every part of the world, at very high freights. Some hundreds of vessels have been loaded with lumber and provisions in the British American settlements for the West Indies, which, together with the provisions the islands have raised within themselves, have amply supplied them; and, having now come to a friendly understanding with the Spanish settlements, they will after this, be fully supplied with live cattle, at less than half the price formerly paid to America for salt beef. The embargo has not been felt by the manufacturers in this country; in place of goods being lower they have actually rose more than 15 per cent, on an average, throughout Great Britain, and a ready demand at the different prices for all that can be made. Such has been the effects of the President's embargo against this country, and should he continue it on until Spain is completely successful, the result will be, this country and Spain will combine to prevent the Americans ever having any share of the carrying trade hereafter. Ten per cent additional duties has been laid on all Americans in the British East Indies, and an additional penny per lb. on cotton brought here in American vessels."
CONGRESS.
HOUSE OF REPRESENTATIVES.
TUESDAY, January 10.
A bill from the senate making appropriations for finishing the capitol was read twice and referred to a committee of the whole on Monday.
The bill from the senate authorising certain alterations in the style and charter of the marine insurance company of Alexandria. Referred to a committee of the whole to-morrow.
The bill making provision for the superannuated and disabled soldiers of the American armies, was referred to a committee of the whole house to-morrow.
Mr. Dana offered the following resolution:
Resolved, That the committee of commerce and manufactures, be instructed to enquire into the expediency of amending the law relative to bonds which may be required for enrolled and licenced vessels of the United States, with leave to report by bill or otherwise.—Agreed to.
The house then took up the unfinished business of yesterday on the amendments from the senate, to the bill authorising the president to appoint and employ an additional number of naval officers, seamen and mariners.
The first amendment, directing the immediate equipment of all the armed vessels, still under consi-
deration. Mr. Lyon spoke in support of, and Mr. Upham against it. Mr. U. though a friend to a navy would vote against the amendment, because he believed the intention to be to enforce the embargo laws, which in his opinion were highly unconstitutional. Though the observations of Mr. U. occupied but a few moments, he was four times called to order by members of the majority.
As the amendment of the senate absolutely en-joins the immediate equipment of our whole naval force, Mr. J. Montgomery moved to amend the amendment, so as to leave it discretionary with the president. This after some discussion was lost.
Mr. Tallmadge moved to strike out the amendment of the senate "and gun boats," so that only other species of naval force might be included in the direction to equip. The question on so striking out was taken by yeas and nays, and lost—ayes 28—nays 53.
The question was after some further discussion, taken on agreeing to the amendment of the senate, and carried.
YEAS —Messrs. Bacon, Barker, Bassett, Blake, Clay, Clifton, Cook, Cutts, Dana, Dawson, Deane, Durell, Elliot, Findley, Fisk, Gardner, Gholson, Goldsborough, Green, Harris, Helmes, Holmes, Humphreys, Hiley, J. G. Jackson, Jones, Kenan, Key, Kirkpatrick, Lambert, Lewis, Livermore, Lyon, Masters, McCreery, J. Montgomery, N. R. Moore, Moseley, Mumford, Newbold, Newton, Nicholas, Pitkin, Riker, Russell, Seaver, Sloan, Smelt, J. K. Smith, J. Smith, Siedman, Storer, Sturges, Swart, Thompson, Troup, Van Allen, Van Cortlandt, Van Dyke, Van Horn, Van Rensselaer, Verplank, Wilbour, N. Wilson—64.
NAYS —Messrs. Alexander, W. Alston, Bard, Bibb, Blackledge, Blount, Boyd, Boyle, Brown, Burwell, Butler, Calhoun, G. W. Campbell, Champion, Chittenden, Culpepper, Davenport, Desha, Ely, Eppes, Franklin, Garrett, Gray, Heister, Holland, Howard, R. S. Jackson, Johnson, Lloyd, Macon, Marion, D. Montgomery, T. Moore, Jer. Morrow, John Morrow, Nelson, Porter, Pugh, Rea, (Pen.) Rhea, (Ten.) J. Richards, M. Richards, Rowan, Sawyer, Smilie, S. Smith, Southard, Stanfield, Taggart, Tallmadge, Taylor, Trigg, Upham, Wharton, Whitehill, D. R. Williams, A. Wilson, Winn—59.
The next amendment of the senate was on increasing the number of officers from 234 to 300. A good deal of debate arose on concurring, but before the question was taken the house adjourned.
FOREIGN INTELLIGENCE.
Received by the British ship Anne, arrived at Charleston from Liverpool.
LONDON, November 7.
Intelligence by the Gottenburg mails state, that the embargo in the Russian ports was taken off on the 8th ult.—A gentleman arrived in this town from St. Petersburg states, that that port was opened the day preceding his departure. The sole motive for shutting it, we understand, was to prevent provision ships from falling into the hands of the English and Swedes who were blockading the Baltic port, and who were supposed to be destitute of provisions, and without the means of procuring any, except what they picked up at sea.
Sir John Craddock is to command the British troops in Portugal, in the room of Gen. Burrard , who has been recalled—The amount of the British force in that kingdom will be 10,000 men.
The British forces now in Spain are all to rendezvous at Valladolid. When assembled, they will amount to at least 40,000 men.
Price of stocks, 7th Nov.—3 per cent. consols for money 67 3/4; ditto 67 1/2—3 per cent. red. 67 1/2—annuity 1/4 prn.
November 8.
Don Cevallos , who lately published the admirable exposition of Buonaparte's infamous conduct towards Spain, is arrived at Stockholm, and has had an interview with his Swedish majesty, which terminated much to his satisfaction; and he is about to proceed to Petersburg, to relate his affecting narrative to the emperor Alexander, which, we trust, will make a due impression upon the mind of that hitherto misguided monarch.
Accounts from general Blake's army represent it as amounting to nearly 50,000 men, of which upwards of one third are regulars. The remainder consists of new levies, who have attained a considerable degree of discipline. The whole are full of spirit and confidence. The divisions of Castangs and Veves are as numerous as that of Blake, and more effective, as they have a much larger proportion of regular troops among them. Exclusive of these, there is a considerable force under Palafox on the borders of Naverre, and a strong reserve is rapidly forming in Catalonia.
LIVERPOOL, Nov. 9.
Spain—The opinion we expressed last week, that the suspicion Buonaparte entertained of Austria, had delayed in preparations against Spain, appears to be confirmed by the late intelligence in the Dutch papers. The conferences in Erfurth are terminated and Buonaparte having brought Alexander into his views, and succeeded in menacing Austria, into an apparent acquiescence, is organizing his means with all possible celerity for the establishment of his brother Joseph on the throne of Madrid. He himself returned to Paris, and has set out for Bayonne, from whence he intends to proceed to Spain, to take command of his army in person. Whether the same good fortune will attend him there as in Italy and Germany, or whether, as in Egypt, after the defeat of subordinate commanders, he be destined to personal disgrace and discomfiture, will depend upon contingencies as various as they are critical; but this may be affirmed, that the axiom, "a people in arms, and determined to defend their country, cannot be conquered," will be put to a severe trial; and, until the result be proclaimed, at least three quarters of the globe will be held in a state of painful suspense, and involved in the deepest attention.
NOTICE.  THE Partnership of T. & W. A. ARMISTEAD is this day dissolved by mutual consent. The settlement of its concerns devolve on W. A. ARMISTEAD, who is authorised to grant discharges, and on whom all persons having claims against the Firm, are requested to call. January 5.  W. A. Armistead and George Kelly, have entered into Co partnership. Their business will be conducted under the Firm of  ARMISTEAD & KELLY.  January 16.

FOR SALE, By virtue of four separate deeds in trust from Bart. Bates, to satisfy sundry claims, will be sold at Gloucester Courthouse, on Saturday the 4th February next, for ready money,
Four likely young NEGRO MEN, two of them are very excellent Blacksmiths, the third a Carpenter, and the fourth accustomed to different sorts of labour.—These negroes are under most excellent characters William Jones, Ex'r. of John Callett, dec'd.
January 9 The Sale of the above Negroes was postponed on the 28th December, on account of the badness of the weather. W. J.
Valuable Property, for Sale.
On Friday the 3d day of February, Will be Sold to the highest bidder at the Exchange in Norfolk, the following PROPERTY, belonging to the estate of Phinehas Dana, deceased.
That elegant three story fire-proof DWELLING HOUSE, at the lower end of Main-Street, commanding a beautiful view of the river (calculated for the accommodation of two families) and the adjoining LOTS on which are Two Stables and Two Carriage Houses.
A well finished two-story dwelling-house on Bermuda Street
A fire-proof three story Warehouse on Commerce Street
Two small Tenements on Broad-water Street. And one half of the WHARE, lately occupied by Allen Gorham. One fourth of the purchase money must be paid on the day of sale, and for the balance approved negotiable indorsed notes will be required, payable at three, six, nine and twelve months, and a deed in trust on the property to secure the payment.
And at the same time will be sold for ready money, the following property, belonging to said estate:
60 SHARES of NORFOLK MARINE STOCK, 25 do. Bridge Stock. A PEW in the Presbyterian Church. A CANAL SHARE and a SHARE in the Norfolk Theatre.
James Young, Adm'r. to the estate of P. Dana, dec'd.
Jan. 4.
Phoenix Fire-Office, Norfolk.
NOTICE.
The following Policies issued from this Office expire in the month of January, 1809, viz:
283007 283187 283196 283205 69 188 197 206 73 189 198 207 179 190 199 208 181 191 200 209 183 192 201 210 184 193 202 211 185 194 203 247 186 195 204 248
January 11.
Richard Taylor, Agent.
REMOVAL.
THE SUBSCRIBERS have removed to the end of Newton's Wharf, to the house lately occupied by Mr. Myers.
JENNINGS & RODDEY.
January 11.
Norfolk Draw Bridge Company.
At an annual Meeting of the Stockholders held at the Exchange Coffee House on Monday the 9th instant, the Members declared a dividend of forty-five cents on each Share on the Capital Stock of the said Company, which will be paid to the Stockholders, or their legal representatives, on or at any time after the first of February next.
Wm. Gammack, Treasurer.
January 11.
ADVERTISEMENT.
The GLEBE LAND in the Parish of Portsmouth being without an incumbent, the same will be Sold on Monday the 6th day of February next, on the premises, at 12 o'clock. This Tract of Land contains about 175 acres, and is pleasantly situated at the mouth of Elizabeth River, a proportion of which is cleared, and the balance abounds with good Timber. It is situated about two miles from the Towns of Norfolk and Portsmouth, by land, or water, which renders it a desirable situation.
A credit of 12 months will be allowed the purchaser, agreeable to the Act of Assembly, upon giving bond and approved security to
The Overseers of the Poor Norfolk County.
Jan. 4.
For NEW ORLEANS, The American Ship ELIZABETH, 300 tons burthen, Timothy Tufts, Master, in complete order, will be ready to depart the 28th inst. For freight or passage apply to the captain on board, or to
C. & F. Whittle, Who are Landing per Gould's packet, a parcel of Choice Baltimore WHISKEY.
Jan. 4.
FOR RENT.
A Convenient Dwelling House on the Main-Street, near the Bridge, next door to Mrs. Archer.
Also,
That commodious House on Catharine-street, at present occupied by Mr. James Dykes, adjoining the subscriber; they have excellent gardens, and all convenient out-houses.
Also,
A very convenient Dwelling-House, just finished, on Commerce-street. For terms apply to James Tucker.
August 15.
The Members of the Dismal Swamp Company, are requested to meet at Suffolk on the 28th of December. That place is preferred for a meeting, because it is a very small distance from the land, and the members will have a better opportunity of information as to the whole business of the company than at any other place.—Those who may not attend will be pleased to give powers to others to act for them.
William Nelson, } Managers. John Bracken, } Corbin Griffin, }
Dec. 2.
At the particular request of some of the Members, the Meeting is postponed to the 17th of January, and also Williamsburg appointed instead of Suffolk.
Wm. Nelson, J. Bracken, Corbin Griffin.
December 19.
117tbj
FOR RENT, That delightful little FARM,
Belonging to the estate of David Patterson, deceased, SITUATED on Elizabeth River and Tanner's Creek, adjoining the land of the quarantine house, containing about 65 acres, the greatest part of which is cleared and fit for immediate culture: has on it a good comfortable dwelling house, kitchen, &c. for a small family, a most excellent garden, apple and peach orchard, and its convenience to the best fish, oysters, and Norfolk market, must render it desirable and valuable.
For terms apply to
D. R. Waddy.
ALSO, FOR RENT, A TRACT OF LAND,
Containing about 250 acres, in the county of Princess Anne, adjoining the tract now advertised for sale by Mr. Tully Robinson. This tract is well timbered and well worth the attention of a good farmer, whom in a short time put it in a state of high cultivation.
And for Hire,
A Valuable BLACKSMITH,
With a complete set of Tools. For terms apply as above, or to Capt. Thomas Calvert, near Kempsville. Dec. 12.
NOTICE.
All persons indebted to the estate of David Patterson, deceased, are desired to make immediate payment; and those having claims to render them properly attested, to
D. R. WADDEY, Adm'r.
Nov. 16.
MACKINDER & WHITE,
OFFER FOR SALE,
FOR CASH or APPROVED NOTES, 2000 barrels NAVAL STORES, 100 bales Georgia Upland COTTON, 28 bales New Orleans do. 62 barrels APPLE BRANDY, 8 hds. Richmond TOBACCO, 20 hogsheads York-River, do. 24 hds. Petersburg, do. 100 barrels Smithfield and Carolina PORK, 22 pipes HOLLAND GIN, 9 pipes COUNTRY GIN, 100 boxes FRESH IMPERIAL } TEAS. and GUNPOWDER } 40 boxes YOUNG HYSON }
And 500 bbls. Fresh Alexandria Superfine FLOUR
ALSO,
A General Assortment of DRY GOODS, suitable to the Season.
Nov. 14.
The Subscriber being about to leave this State, is anxious to settle his individual affairs. Those having claims against him are requested to hand them in for settlement—and those indebted, to make immediate payment.
James Brown.
Dec. 28.
TO HIRE,
A Negro Man
Accustomed to plantation work. Apply to the Printer. Dec. 28.
A BARGAIN OFFERED.
In a fine and Valuable FARM, in the County of Princess Anne.
THE Subscriber is disposed to sell his Plantation called LEVEL GREEN, situated in the county of Princess Anne. It contains about 500 acres; and, as it may be advantageously divided into two or three Farms, the subscriber will accommodate a purchaser, in selling either the whole or a part. He will also give a long credit. This tract of Land is certainly the most desirable in the county, lying on the Eastern branch of Elizabeth River, and distant from Norfolk Market only five or six miles by water, and 8 or 9 by land.—The soil is excellent, about one half of the tract being cleared land, and fit for immediate culture; the other heavily timbered with Oak, Pine, Ash, and Hickory.—It has also the advantage of several good landings.—Any one disposed to view the land, and to purchase, may apply in the absence of the subscriber, to JAMES ROBINSON, or JOHN READ, who reside in the neighbourhood.
Tully Robinson.
Dec. 7.
Norfolk Borough, At a quarterly session court held the 28th day of November, 1808.
The Marine Insurance Company of Norfolk, } PLAINTIFFS.
Against } In Chancery. Felix Corran, Michael Corran, Noble and Arbuthnot, & co and Theodoric Armistead, } DEFENDANTS.
THE defendant Felix Corran not having entered his appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this commonwealth, on the motion of the plaintiffs by their counsel, it is ordered that the said defendant Felix Corran do appear here on the fourth Monday in February next and answer the bill of the Plaintiffs, and that a copy of this order be forthwith inserted in one of the newspapers printed in this Borough for eight weeks successively, and posted at the front door of the courthouse of said Borough: and it is further ordered that the defendants Michael Corran, Noble and Arbuthnot, & co and Theodoric Armistead, who have effects of the said Felix Corran in their hands do not pay, convey away or secrete such effects, but retain them until the further order or decree of this court.
A Copy, (Teste,) Wm. Sharp, c. c.
Dec. 2.
FOR RENT.
That convenient BRICK HOUSE in Market Square, at present occupied in part by Mr. Fabre—it is well calculated for two Grocery Stores below, and will be neatly fitted above for the residence of families—possession given the first of January. Apply to William A. Armistead.
Dec. 14.
For SALE, by the Subscriber, 50 tierces RICE; 30 bales COTTON. GEORGE RAINCOCK.
Dec. 16.
TURKS ISLAND SALT.
3000 bushels Turks Island Salt now on board the brig Alert, captain Hatchard, from Turks Island, for sale by
William Pennoek.
Dec. 21.
27,000 feet MAHOGANY,
5 ton LOGWOOD, 3 do. BRAZALETTE, 60 lb. TORTOISESHELL, being the CARGO of the British Schooner Hannah, from Honduras, landing this day on our wharf.
And for Sale, by
C. & F. Whittle.
*** We will barter 300 hds. Petersburg tobacco for colonial produce
Dec. 28.
Phœnix Fire Office No. 13, MARKET-SQUARE, NORFOLK.
INSURANCE UPON SHIPS.
NOTICE is hereby given that the following premiums only, will henceforward be charged by this company for insurance from fire upon Ships, Vessels, and all Water Crafts, and also upon Cargo on board, in the seaports and rivers of Virginia and North-Carolina.
One month 12 1/2 cents per $100 Two do. 20 do. do. Three do. 25 do. do. Four do. 30 do. do. Five do. 35 do. do. Six do. 40 do. do. Seven do. 45 do. do. Eight do. 50 do. do. Nine do. 55 do. do. Ten do. 60 do. do. Eleven do. 65 do. do. Twelve do. 70 do. do.
The above premiums will be charged for any sum not exceeding 40,000 dollars in one risk; but a separate sum must in all cases be specified on the ship and another on the cargo.
Richard Taylor, Agent.
Dec. 19.
DR. ROBERTSON'S
Celebrated Stomachick Elixir of Health. Which has proved by experience, to be the most valuable medicine, ever yet offered to the publick for curing the Gout, Cramp, and wind in the stomach: also a certain cure for the Dysentery, or Bloody Flux, Cholera Morbus, severe Gripings, and all other diseases of the bowels, a dose never fails to remove a cold if taken soon after its first appearance. It is also celebrated for carrying off superfluous bile, removing habitual costiveness, pickles at the stomach, severe head ache, &c. &c.
The following certificates are selected from the many respectable ones lately received by the proprietor, and are now in his possession.
Certificate of Mr. William Julian, carpenter and builder, No. 69, South Fifth-Street, Philadelphia.
SIR—My wishes to promote the interest of superior merit, and to afford consolation to the afflicted, induces me to request you will lay my case before the publick, as an incontrovertible proof of the astonishing efficacy of Dr. Robertson's invaluable Stomachick Elixir of Health.
I do hereby certify, that I was seized with a most violent with the dysentery, or bloody flux, which reduced me so much that I was confined to my bed, and became so weak that I could not move without assistance. My situation at that time became seriously alarming, as no relief could be obtained, I was given over, and even death would have been desirable to me, had not a friend of mine, who by chance called to see me, who had just recovered from a similar complaint, though not so severe as mine. He informed me that he was cured by taking Dr. Robertson's Stomachick Elixir of Health, and advised me to send to you for a bottle. I immediately did so, and by following your instructions given with the bottle, before I had taken half a bottle, I found myself much relieved, and my disorder greatly abated, and by continuing to take it, in one week I was able to walk out, and in less than a fortnight was able to attend to my business.
I therefore recommend every family to be provided with this invaluable medicine, particularly those who live at a distance in the country, where assistance cannot be immediately obtained. As I am convinced that Dr. Robertson's Stomachick Elixir of Health, is the most effectual remedy in the world. I have since recommended it to several of my friends in similar complaints, who have always been relieved immediately after taking it. Should any person wish to be more fully convinced of my case, I am, with pleasure explain it to them by applying to me.
I am with a due sense of the benefit I have received thro' the efficacy of your medicine, Sir, your humble servant, WM JULION.
MR. DYOTT, Philadelphia, July 15th, 1807.
Certificate of Mr. George Stokes, South Water Street, Philadelphia.
SIR—For the benefit of the afflicted, I think proper to inform you that Dr. Robertson's Elixir of Health, has been to me, of the most essential service. I had been a long time afflicted with a pain in my stomach, and continual head ache, attended with a sickness at the stomach, which brought on a vomiting and lax, which continued on me until I became in a very weak state, without being able to get any relief, until I tried one bottle of Dr. Robertson's Elixir of Health, which entirely cured my disorder, except a weakness and want of appetite, for which I have since taken Dr. Robertson's Stomachick Wine Bitters, which quite restored my strength and appetite, and I now enjoy better health than I experienced for many months before.—As I consider your medicines to have been the means of saving my life, I solicit you to publish my case for the benefit of others, who by abiding by the directions given with your invaluable medicines, will embrace the same means by which I have happily effected my recovery.
I am, Sir, your obedient servant, GEORGE STOKES.
MR. DYOTT, Philadelphia, August 1, 1807.
ADDITIONAL CERTIFICATES. Of Mr. John T. Solomon, Sixth near Race-Street, Philadelphia.
SIR—For the good of the publick and benefit of the afflicted, I think proper to inform you, that having laboured for upwards of six months, under a very bad cough, attended with a difficulty of breathing, pains in my breast and side, and a sickness at my stomach, having lost all appetite, I became so very much reduced in my strength as to be unable to walk. I was considered in a consumption, and given up for a lost man. In this hopeless situation I had recourse to Dr. Robertson's Stomachick Elixir of Health, and to my great astonishment, before I had taken one bottle, found myself very much relieved. I expected a great quantity of phlegm, which has eased me of one of the most violent coughs that ever man had; I have taken it regularly ever since, and now find myself completely recovered, and that certainly, for the benefit received, recommend it as far as I can, believing it to be a most efficacious medicine in the above complaint.
I am, Sir, with great respect, Your obliged humble servant, JOHN T. SOLOMON.
MR. T. W. DYOTT. August 22.
Certificate of Mr. John Lee, Philadelphia.
DEAR SIR—By the administration of Dr. Robertson's Elixir of Health, and that the publick may be acquainted with the good effect I have received from it, I wish you to publish the following:
About a fortnight ago I was seized with the influenza, or a violent cold attended with a pain in my limbs, and a violent cough, which effused on my lungs, and having been for some time before in a weakly state, I expected a consumption must soon have followed, had I not been advised to try Dr. Robertson's Elixir of Health, which has effectually removed my complaint, and I now feel better health than I have for some time before. It is impossible to say too much in favour of this invaluable medicine, as I am clearly convinced it is the most efficacious remedy ever offered to the publick, in the above complaint.
I am, Sir, your obliged servant, JOHN LEE.
MR. DYOTT. November 11. The above Medicine is sold wholesale and retail by the proprietor, T. W. DYOTT, No. 11, North Second-Street, Philadelphia; and by appointment at BONSAL & CONRAD'S Book Store, Norfolk; and at SOMIRVELL & CONRAD'S, Petersburg. May 23. law1y
NOTES OF HAND,
according to the new form established by the Directors of the Office of Discount and Deposit of the Bank of the United States, for sale at this office.
COWPER & GRAY
HAVE A LARGE TRACT OF
PRIME JUNIPER SWAMP,
Adjoining the Lake—which they wish to lease for the term of five years. Terms will be made known on application to G. Gray in Suffolk, or W. Cowper, in Gates. Suffolk, Jan. 9.
NOTICE.
THE CO-PARTNERSHIP OF Doctors BROWN & MOSELEY,
Will be dissolved on the 14th of January next—Those having claims against the concern are requested to present them for settlement, and those indebted will please make payment on or before the 1st of February next.
James Brown, Bassett Moseley.
Dec. 28.
FOR SALE
In our Ware-House, where the largest vessel
can come alongside,
15,000 bushels of CORN,
2000 do. do. white,
30 bales Cotton.
Also,
4000 bushels coarse SALT,
150 sacks Ground Alum do.
45 hogsheads old Antigua Rum, do. Jamaica do.
40 hogsheads Sugar, 80 barrels do.
A few casks excellent Port Wine, Coffee in hogsheads, Madeira Wine, 45 crates Earthenware, Tobacco from several inspections.
GEO. MURRAY, & Co.
September 9.
FOR SALE,
3000 bushels Turk's-Island SALT,
Now on board the Sloop Julianra, Capt. Stowe.
Also,
21,000 feet MAHOGANY,
A few puncheons Old Antigua Rum, New do.
Molasses, Sugars, Indian Meal in barrels.
John Granbery.
September 21.
The CARGO