Norfolk gazette and publick ledger (Norfolk [Va.]), 1807-06-03 00:00:00

IMPERIAL PARLIAMENT.
HOUSE OF COMMONS, APRIL 9.
DISMISSAL OF THE LATE MINISTERS. (Concluded.)
Dr. Duignan went into a retrospective examination of the principles and conduct of the Roman Catholicks of Ireland, and controverted most of the facts which had been advanced by the gentlemen opposite to him in support of their claims. The amount of the number of Catholicks, and of the property they possessed, were greatly exaggerated. At the period of the last census, the whole of the inhabitants of Ireland were not computed at more than three millions and a half; two of which were said to be Catholicks. But subsequent and more accurate surveys stated the relative number of Protestants and Catholicks as two to three, and, in respect to property, as fifty to one. The Catholicks already enjoy every thing by law, still they are not content; nor will they ever be satisfied until you give up the whole of the kingdom to them. As to means and consequence, they bear no proportion to the Protestants: for it is well known that the Protestants put down the rebellion in a fortnight. It is equally well known that they will not take the oath of supremacy; for they look to the Pope as the supreme in spirituals, and if you grant them what was proposed by the late bill, they would aspire to the same power in temporals also. There are already in the army and navy as many Catholicks as you can procure to serve. The granting of any further claims to the Catholick gentry, would not advance any object of that kind. There are not, perhaps, 30 Catholick families in Ireland of any antiquity, nor does the whole of their property taken together exceed £50,000 per annum. One merchant in this country could contribute more to the state than the whole set of them. Is it then to gratify them that you would destroy the Test Acts, which by the most eminent lawyers have been described as the bulwarks of the constitution in church and state? Could the sovereign consent to repeal those acts without a violation of his coronation oath? Even with that they could not be satisfied. They would have all or nothing. Such were the pretensions which their deputies lately set forth, among whom were some who took advantage of the Amnesty-act, and came back again to promote intrigues and stir up discontent. These were the men who endeavoured at a separation of the two countries, and who would join Buonaparte to-morrow, if he could enable them to establish a republic under the protection of France. The power which the bill would have given them they would turn against England in favour of her most inveterate foe. Indeed the framers of it could be no friends to their country, and it seemed to be the intention of a peer of the realm, who had been in that house, to subvert by such means the protestant religion. (Here arose a vehement cry of order.)
Lord Howick rose to order. It was impossible to hear such a charge brought against the noble peer, and to not call upon the learned gentleman to name the noble person, and make good the charge. (Here there was repeated cries of name, name!)
Mr. Plomer and Mr. Horner also spoke to order, and begged the speaker to interpose his authority.
The Speaker apprehended that it belonged to every member to deliver his sentiments in what terms he thought proper.
Mr. T. Grenville said it was impossible patiently to hear so serious a charge brought against a noble peer of the other house. It would tend inevitably to disturb the good understanding that ought to subsist between the two houses of parliament. On these grounds, he thought, the learned doctor was not in order, and ought to name the noble person to whom he alluded. Indeed he could not be left to his option to withhold the explanation called for.
These reasons were also urged by Mr. Sheridan . The Speaker said, that he endeavoured to discharge his functions to the best of his abilities, and he conceived that he might say, from the best information of the orders and practice of the house, that the words delivered did not amount to a violation of order.
Dr. Duignan confessed there might be too much warmth in his mode of expressing himself; but there were noble lords in that house, as well as in the other, to whom he might have referred. He should not, however, now trespass any longer on the patience of the house.  Mr. Romilly very forcibly deprecated the mischief of exciting religious animosities, which the conduct and expressions of some of the gentlemen opposite to him, seemed but too well calculated to produce. But he was anxious to bring back the house to the question before them, which they seemed, in some measure to have lost sight of. Had the late ministers subscribed the pledges proposed to them, would they not have been guilty of a high crime and misdemeanour; and would not that house betray its trust, if it did not impeach ministers who would bind themselves to forego giving advice to the sovereign, and that perhaps respecting points the most essential to the safety of the empire? Never was any doctrine more dangerous to the sovereign, and if it was founded in truth, then all he had ever read or heard of the constitution was fallacious and absurd. It was one of the most sacred principles of the constitution, that the king can do no wrong, and consequently for every act done by the sovereign, some person must be responsible. On this principle rested the rights of the people, and the security of the crown. Even when the sovereign exercises the prerogative of choosing the confidential servants, some person or persons were responsible for that exercise. To
choose its own ministers is, no doubt, the prerogative of the crown. By that prerogative the king can call any man he pleases to his councils. Even a man in whom that house has no confidence. He may call to his service a man who has been convicted by that house of a gross violation of the law— (Hear, hear!) —who has been brought to trial and acquitted; but so acquitted, that not one of his powerful friends in that house had ever yet ventured to move the rescinding of the resolutions which stood against him; who could not come into the other house of parliament without reading in the looks of men around him the sentence passed upon him, and who must still have resounding in his ears the words, "Guilty; upon my honour." (Hear, hear!)
Mr. Jeffrey , of Pool, rose to order.—If the learned doctor had been disorderly in his allusions to a noble peer, surely the learned gentleman who was now speaking was far more reprehensible for the allusions which he was making so directly to the case of another noble peer, whom he might as well name.
After some observations from the speaker, Mr. Romilly proceeded to show that he was only stating a case to prove the crown had the right of the choice of its ministers, even when they were men such as he was describing; but the then ministers were responsible for that exercise of the prerogative, otherwise the constitution was no more: the king would be absolute, and the house of commons lose its dearest privileges. For the person of his majesty he had the most sincere attachment, the most profound respect. Nothing had ever been done by him injurious to the constitution from the first of his reign down to the moment he was speaking; he could therefore impute nothing to his majesty; but to those who advised him, he would impute every thing. The doctrines broached this night, he would again assert, were incompatible with the known principles of the constitution, and would prove no less dangerous to the security of the empire. These doctrines, and theory of "No Popery, if dangerous to the church," &c. might be attended with the most serious mischief; and he should be sorry that any thing in the conduct of his learned friend ( Mr. Percival ) could be found to give countenance to such an idea, which must kindle up the worst passions, and endanger the safety of the state.
Mr. B. Bathurst lamented the introduction into the debate of the sacred name of the sovereign; but the turn given to the discussion made that violation of the orders of the house unavoidable. It was affirmed, that there could be no act of the crown without advisers. This rule, he believed, had some exceptions. When the crown for example, dismissed one set of ministers, and called another into office, during the interval between the dismissal of the one, and the establishment of the other ministry, the crown was without advisers. Another case occurs where ministers and the sovereign disagree.—The sovereign has then no advisers, for when ministers differ with the king, he cannot look upon them as his advisers.—Indeed the agitation of such an abstract question as the present, could have no good consequence—it only went to a violation of order, by forcing the introduction of the sovereign's name, and arraigning his conduct at the bar of that house. Besides, the question in itself can have no consequence, unless it be followed up by others, was it intended to address the crown to remove the present ministry, and to take back those who had so recently been displaced? This was a length to which he was not prepared to go, because he did not see what it led to. It gave him much pain to differ in opinion with men with whom he had been happy to act: but he must discharge what he conceived to his duty, however disagreeable the task. He should therefore vote for the order of the day.
Sir P. Murray expressed himself in very indignant language at the manner in which a noble friend of his ( Lord Melville ) had been alluded to by a learned gentleman. That learned gentleman talked much of rancour and animosities: but was there any thing more rancorous than the manner in which the late administration had endeavoured to oppress and persecute that noble lord.
The Speaker called to order. The hon. Baronet resumed, and contended that it was not necessary to move the rescinding of the resolutions of that house, with regard to the noble lord ( Melville ) referred to by the learned gentleman, after he had been acquitted by the tribunal before which he was tried, any more than it would be to propose expunging information at law from the record after the subject of that information had been acquitted. Such a proceeding was neither usual nor necessary. But the indifference manifested for the verdict of that high tribunal, before which the noble lord alluded to had been acquitted, proceeded from the same spirit and party which would treat with disregard the conscience of the king.
Mr. Whitbread made a very animated speech. He contended that from the moment the sovereign placed the crown upon his head till the demise of the crown, some one was responsible for all acts of the crown. No interval could intervene where there was no responsibility. As the king never dies, so is he never without advisers—unless that were a true and fundamental principle of the constitution, all he had ever read of it was a dream. The monarchy ceased to be limited, and that house was a non-entity. He and his friends were accused of bringing the conduct of the sovereign before the bar of that house. The charge was false; it was those who urged those new and fatal doctrines, who arraigned the conduct of the king, and left him naked and exposed, without the assistance of advice.
Mr. Bathurst explained.
Mr. Rose contended, that although it was generally true, that the king could do no wrong, yet there were cases when the king acted without any advisers. The pledge, of which so much had been said, was called for while the late ministers were in office; who then advised? Not themselves certainly; neither was it their successors, since they had not yet been appointed.
Lord Howick rose amidst a general cry of Question! Question! Notwithstanding the impatience of the house to come to the question, he hoped he might be indulged for a short time, while he touched upon a subject which affected him so personally. Nothing was more unfounded than the assertion, that the influence of government had been exerted to crush Lord Melville . He defied any man to bring a single instance of the exertion of such influence; it will be made to appear, on the contrary, that so far from any government influence being employed in that manner, two noble lords, members of that government, had scarcely ever attended that trial, or voted on any of the charges. As to the question, it was now contested that a pledge had been demanded of the late ministers; but who advised the proposing of the pledge was not acknowledged. But there was no act of the crown for which there must not be a responsible adviser. Who then were responsible for the advising the pledge? Those who gave it effect; the new ministers, the men who contrived to poison the royal mind. Yes, it was now well known, that these were times to speak plain. It was Lord Eldon who had an audience of his majesty, at which without exactly knowing what had passed, it was easy to see that then it was that the subject of the pledge was stated. Lord Hawkesbury had also an audience of his majesty at that conjuncture, and that noble lord in conjunction with Lord Eldon , were employed by his majesty to consult with the duke of Portland, in framing a new administration. These noble lords are then the responsible persons; for they have given effect to the demand of the pledge. The noble lord next came to the last part of the question respecting Ireland. The right hon. gentleman must recollect that the pledge not only restrained them from giving advice respecting that particular measure, but any measure connected with it. There were other measures connected with the state of Ireland, which had been in the contemplation of his majesty's government, which such a pledge would prevent them from bringing forward. He had no objection to stating that one respecting tythes was in a considerable degree of forwardness, and though not necessarily connected with the Catholick question, the outcry that had been raised against that bill, prevented him from bringing it forward, lest a similar alarm should be excited against this measure, as an attack upon the church establishment. Nothing he was convinced would tend so much to the tranquillity and good government of Ireland, as a modification of the system and mode of collecting tythes. Every gentleman who had spoken this night, had admitted that they could not have given the pledge without a violation of the most solemn engagements. It was necessary therefore, to declare the truism of the motion, because his majesty's late ministers had been dismissed solely for refusing to give that pledge. If the statement of the learned Doctor was correct, that three fourths of the Irishmen in the navy were Protestants, it proved that the Catholicks were prevented by impolitic laws from entering. He did not impute any bad motives to any one, but he was sorry the right hon. gent. had lent himself to any proceedings out of doors, which had for its object to excite and inflame the publick mind. That right hon. gent. had not objected in 1801 to a much larger measure than the bill on the table, which was then proposed by an hon. gent. ( Mr. Pitt ) now no more, as an attack upon church establishment. He would ask the noble lord ( Castlereagh ) whether they had changed the opinions they then held, or how they could sit silent when the bill on the table was called an attack upon the church establishment? It had been said, that the motion was only intended to turn out one ministry and get in another. If the motion should be agreed to, as he trusted it would by a great majority, it would be followed by others; and if they should have the effect of turning out an administration, formed on principles dangerous to the constitution, he should not think the worse of them. When he saw the materials of which the administration was composed, he could not place confidence in them. The noble lord then took a review of some of the leading members, as having come into power on principles in direct contradiction to the measure of Catholick concession to which they were personally pledged, and concluded with giving his hearty support to the original motion, which, if agreed to, would be followed at no very distant interval by several others.
Gen. Crawford explained.
Mr. secretary Canning rose amidst a loud call for the question from the opposition benches. He was not surprised on a motion brought forward to turn out an administration, that those who supported it should wish to drown by clamour what the ministers had to say in their defence. But however reluctant he might be to trespass on the time of the house at that late hour, ( near four o'clock ) and, in the exhausted state of the house, he should not be deterred from offering what he had to urge in his vindication. The noble lord's speech seemed to place him in a state of retrospective responsibility for councils which he could not be acquainted with, and for that dismissal which was the consequence of his own suicidal act. If he were allowed to follow the course he had pursued up to the speech of the noble lord, he should contend, what had not been denied on either side, that this question was an issue between the king and his late ministers. This was the first instance since the time of Charles, that a sovereign had been brought to the bar of
parliament. Their predecessors had by their own acts rendered their dismissal unavoidable, and he denied that he or any of his colleagues had given any councils on the occasion, or had intrigued to get their places. On the contrary, they had laboured to prevent the confusion that had ensued from the measures that had been adopted. In whatever way the bill should be disposed of, he did not think it desirable that a change of administration should take place in consequence of it. But when his sovereign was without a ministry, and had called upon him for his services, he did not conceive himself at liberty to refuse. Nor did he lament the part he had taken. As to the circumstances that caused a change of government, he did not think that there was any intention to deceive his majesty. He should not impute bad motives to any man, but though there was no intention to deceive, there was too much misunderstanding in the progress of that transaction. When his majesty had declared that he would not go a step beyond the act of 1793, it ought to have excited the attention of ministers, and they should then have distinctly explained what was meant to be conceded by the measure. For his part he should prefer granting to the Catholicks what was refused by the bill, and withholding what the bill conceded. He would sooner give the civil distinction than the sword. As to the call of the noble lord upon him, he should answer, that he did not wish to form his conduct on the model of that great man, his late right hon. friend, ( Mr. Pitt ). The noble lord had assumed that he was of the same opinion with himself on the subject of this bill, but the noble lord had no right to judge of him but from his publick votes in parliament. He had given but one vote on this question, and that was in 1801, with Mr. Pitt , against the Catholick petition. But the conduct of his late right hon. friend, when he went out of office because he could not carry the great measure he proposed, could not be better illustrated than by comparing it with that of the late ministers. The right hon. gentleman here called the attention of the house to the stipulations claimed by the late ministers, that they should be allowed to recommend one policy, whilst they pursued another. The terms on which they wished to hold their offices were, that they were to be allowed to propose measures, that they might afterwards abandon them. The yearly moving of the question would have the effect of making an unfair division of the popularity and odium. The odium would be great, and all fall to the crown; the benefit would be small, and that the Catholicks might have; but the whole of the popularity the ministers were to have. The noble lord had told him of the majority he should have, and of the vexatious motions to embarrass his majesty's government, they would a fortiori be sufficient for the relief of his majesty's subjects; the noble lord ought, therefore, to carry his original measure. It had been said that no notice had been given of an exculpatory statement till after several partial publications had taken place; but this he denied. The noble lord had asserted, that the late change had been effected by secret advisers; and added, that Lord Eldon had been on the Saturday week preceding, at Windsor with his majesty. The noble lord must know, however, that that noble lord had gone down on a totally distinct subject, and that he had an interview with Lord Grenville by his own appointment, on his going to Windsor, when he stated to him the object of his visit, and assured him upon his honour, that nothing further had been mentioned. As to the noble duke at the head of his majesty's government, his right hon. friend and himself, he could equally state that they had not been concerned in any intrigue. When he had been first applied to, he had given intimation of the misunderstanding to a quarter, for which, notwithstanding political differences, he should ever feel the highest respect. This, he believed, was the first information that had been received of the misunderstanding of Lord Grenville and Howick with the king. He had trusted that the misunderstanding might be adjusted; and he had always been of opinion, that a government composed of all parties in the country, would be most beneficial to the nation. This principle he had supported equally on both sides of the house, and would sacrifice any thing to it but his independence or his honour. His right hon. friend, when applied to, had also given intimation of the circumstance in the quarter with which he was in the habit of communicating, and the noble duke had in the first instance, recommended to his majesty to reconsider his determination. He was ready to bear his full share of the responsibility, for what he considered as an act of justice to Lord Melville , it was an act of justice towards him that would have come better from any other quarter. It had been said that the question was one between the old and the new ministers. But the feeling in the town and in the country shewed that it was a question between the king and his late ministers; and, whatever might be the decision, he thanked God that there was an appeal from the bar of the commons to the nation. The discussion and correspondence that had taken place, however, had shown his majesty to be not only as competent as any amongst themselves to the discussion of the most important concerns of his empire, but also to be in a state of health that promised many years addition to nearly half a century that he has auspiciously reigned over this empire. Whatever might be the issue of the division, or the succession of divisions in that house, his majesty's ministers would stand by their sovereign, though circumstances might occur in which they would find it their duty to appeal to the country. (Loud cries of hear! hear! from every part of the house.)
Lord Henry Petty , in a very warm speech, defended the conduct of the late administration, and accused the right hon. gentleman of inconsistency,

for having, after lamenting the change of that administration (which he must therefore have considered a national evil) accepted so important a situation in the government which owed its origin to that change. The right hon. gentleman, with little regard to decency, had talked of majorities in that house as following certain men on every measure; if so, the house of commons did indeed deserve to be threatened, as it had been, by the right hon. gentleman in the conclusion of his speech. For his own part, although he believed that the motion of his hon. friend would be carried that night by a majority, he did not believe that, had the Catholic bill been persevered in, the influence of the late government exerted at that time, could have secured its adoption.
Mr. Canning explained.
The question being loudly called for, the house divided.
(While the opposition were in the lobby on the division, lord Howick addressed them, and stated that it would certainly be necessary to move a resolution of the house, or an address to his majesty, to meet the threat, unexampled in the annals of parliament, which had that night been thrown out.)
For passing the order of the day, 258 Against it, 226
Majority in favour of administration, 32 Adjourned at half past six this morning.
THE PUBLICK LEDGER.
WEDNESDAY EVENING, JUNE 3, 1807.
The foreign intelligence received at New-York is of the highest importance, as well in events, as from a consideration of the consequences that will probably result. Unaccustomed to perceive Buonaparte but as a conqueror, we can hardly credit all that is stated; yet we must, (and so we think every one must) admit, that he has at last found his match. If the next general action is unfavourable to him, or if indeed he does not obtain a victory, his situation will become extremely critical. As he will be informed of the peace between Russia and Turkey, he may calculate upon a great part of the Russian force, which was directed or intended to act against Turkey to fall on him. In addition to which he may expect a considerable British force on the continent, and what will not be less alarming, a general spirit of insurrection (if we may so term it) throughout all Germany, and which may not stop there, but extend to Holland, Switzerland, Italy, and the other nations under Buonaparte's domination. With such weighty considerations, we incline to think that Buonaparte will put his fortunes to the issue of one grand battle, or attempt to gain time by negotiations for peace, which may save his reputation, and afford him time to plan future schemes of aggrandizement.
We continue the further proceedings in the trial of Col. Burr , on which we have not room for comment. Luther Martin , has, we observe, arrived as one of Col. Burr's counsel; and William Duane , as a witness on the part of the United States.
A gentleman who left Richmond on Monday afternoon, informs that nothing since Friday had been done in the trial of Col. Burr , and general Wilkinson had not arrived.
COL. BURR'S TRIAL.
On Wednesday the attorney on the part of the prosecution, produced an affidavit by a man of the name of Dunbaugh . Respecting the legality of the affidavit several arguments took place. On Thursday morning the court delivered the following opinion—
On the part of the United States a paper purporting to be an affidavit has been offered in evidence, to the reading of which two exceptions are taken:
1st. That an affidavit ought not to be admitted, where the personal attendance of the witness could have been obtained;
2dly. That this paper is not so authenticated as to entitle itself to be considered as an affidavit.
That a magistrate may commit upon affidavits has been decided in the supreme court of the United States, though not without hesitation. The presence of the witness to be examined by the committing justice confronted with the accused, is certainly to be desired, and ought to be obtained, unless considerable inconvenience and difficulty exist in procuring his attendance. An ex parte affidavit shaped perhaps by the person pressing the prosecution, will always be viewed with some suspicion and acted upon with some caution, but the court tho't it would be going too far to reject it altogether. If it was obvious that the attendance of the witness was easily attainable, but that he was intentionally kept out of the way, the question might be otherwise decided.
But the particular case before the court does not appear to be of this description. The witness resides at a great distance, and there is no evidence that the materiality of his testimony was known to the prosecutors, or to the executive, in time to have directed his attendance. It is true, that general instructions, which would apply to any individual, might have been sent, and the attendance of this or any other material witness obtained under those instructions; but it would be requiring too much to say that the omission to do this ought to exclude an affidavit.
This exception, therefore, will not prevail. The second is, that the paper is not so authenticated, as to be introduced as testimony on a question which concerns the liberty of a citizen.
This objection is founded on two omissions in the certificate—
The first is, that the place at which the affidavit was taken, does not appear.
The second, that the certificate of the governor does not state the person who administered the oath to be a magistrate, but goes no further than to say that a person of that name was a magistrate.
That, for aught appearing to the court, this oath may or may not in point of fact have been legally administered, must be conceded.
The place where the oath was administered not having been stated; it may have been administered where the magistrate had no jurisdiction, and yet the certificate be perfectly true. Of consequence there is no evidence before the court, that the magistrate had power to administer the oath and was acting in his judicial capacity.
The effect of testimony may often be doubtful; and courts must exercise their best judgment in the case, but of the verity of the paper there ought never to be a doubt. No paper writing ought to gain admittance into a court of justice as testimony, unless it possesses those solemnities which the law requires. Its authentication must not rest upon probability, but must be as complete as the nature of the case admits of. This is believed to be a clear legal principle. In conformity with it is as the court conceives, the practice of England and of this country as is attested by the book of forms, and no case is recollected in which a contrary principle has been recognized. This principle is in some degree illustrated by the doctrine with respect to all courts of a limited jurisdiction. Their proceedings are erroneous, if their jurisdiction be not conclusively shown. They derive no validity from the strongest probability that they had jurisdiction in the case; none certainly from the presumption that being a court, a usurpation of jurisdiction will not be presumed. The reasoning applies in full force to the acts of a magistrate whose jurisdiction is local. Thus in the case of a warrant it is expressly declared, that the place where it was made ought to appear. The attempt to remedy this defect by comparing the dates of the certificates given by the magistrate, with that given by the government cannot succeed. The answer given at bar to this argument is conclusive. The certificate wants those circumstances which would make it testimony, and without them no part of it can be regarded.
The second objection is equally fatal. The governor has certified that a man of the same name with the person who has administered the oath is a magistrate, but not that the person who has administered is a magistrate.
It is too obvious to be controverted, that there may be two or more persons of the same name, and consequently, to produce that certainty which the case readily admits of, the certificate of the governor ought to have applied to the individual who administered the oath. The propriety of this certainty and precision in a certificate, which is to authenticate, any affidavit to be introduced into a court of justice, is so generally admitted, that I do not recollect a single instance in which the principle has been departed from.
It has been said that it ought to appear, that there are two persons of the same name or the court will not presume such to be the fact. The court presumes nothing. It may or may not be the fact, and the court cannot presume that it is not. The argument grounds upon the idea that an instrument is to be disproved by him who objects to it, not that it is to be proved by him who offers it. Nothing can be more repugnant to the established usage of courts.
How is it to be proved that there are two persons of the name of Cenas in the territory of Orleans? If with a knowledge of several weeks, perhaps months, that this prosecution was to be carried on, the evidence ought not to be required to produce this witness, ought the prisoner to be required with the notice of a few hours to prove that two persons of the same name reside in New-Orleans?
It has been repeatedly urged that a difference exists between the strictness of law which would be applicable to a trial in chief and that which is applicable to a motion to commit for trial.
Of the reality of this distinction, the present controversy affords conclusive proof. At a trial in chief, the accused possesses the valuable privilege of being confronted with his accusers. But there must be some limit to this relaxation, and it appears not to have extended so far as (to the admission of a paper, purporting to be an affidavit and not shown) to be one.
When it is asked, whether every man does not believe that this affidavit was really taken before a magistrate, (it is at once answered that this cannot effect the case.) Should a man of probity declare a certain fact within his own knowledge, he would be accredited by all who knew him; but this declaration could not be received as testimony by the judge, who firmly believed him. So a man might be believed to be guilty of a crime, but a jury could not convict him unless the testimony proved him to be guilty of it. The judicial disbelief of a probable circumstance does not establish a wide interval between common law and common sense—It is believed in this respect to show their intimate union.
The argument goes to this—that the paper shall be received and acted upon as an affidavit, not because the oath appears to have been administered according to law, but because it is probable that it was so administered.
This point seems to have been decided by the constitution.
"The right of the people," says that instrument "to be secure in their persons, houses papers and effects against unreasonable searches and seizures, shall not be violated; and no warrant shall issue but upon probable cause supported by oath or affirmation, and particularly describing the places to be searched and the persons or things to be seized.
The cause of seizure is not to be supported by a probable oath, or an oath that was probably taken, but by oath absolutely taken.
This oath must be a legal oath; and if it must be a legal oath, it must legally appear to the court to be so. This provision is not made for a final trial; it is made for the very case now under consideration. In the cool and temperate moments of reflection, undisturbed by that whirlwind of passion with which in those party conflicts which most generally produce acts or accusations of treason, the human judgement is sometimes overthrown, the people of America have believed the power even of commitment to be capable of much oppression in its execution to be placed without restriction, even in the hands of the national legislature. Shall a judge disregard those barriers which the nation has deemed it proper to erect?
The interest which the people have in this prosecution, has been stated, but it is firmly believed, that the best and true interest of the people is to be found in a rigid adherence to those rules, which preserve the fairness of criminal prosecutions in every stage.
If this was a case to be decided by principle alone the court would certainly not receive this paper. But if the point is settled by decisions, they must be conformed to.
It has been said to be settled in the Supreme Court of the United States by admitting the affidavit of Wilkinson, to which an exception was taken, because it did not appear that the magistrate had taken the oath prescribed by law. It was said, that as by law he could not act, until he had taken the
oaths and he was found acting, it must be presumed that this prerequisite was complied with; that is, that his acting as a magistrate under his commission was evidence that he was authorised so to act.
It will not be denied that there is much strength in the argument; but the cases do not appear to be precisely parallel.
The certificate that he is a magistrate, and that full faith is due to his oath implies, that he has qualified...if his qualification is necessary to his being a complete magistrate, whose acts are entitled to full faith and credit.
It is not usual for a particular certificate that a magistrate has qualified to accompany his official acts.
There is no record of his qualification and no particular testimonial of it could certainly be obtained.
These observations do not apply to the objections which exist.
But it is said that the certificate is the same with that in Wilkinson's affidavit.
If this objection had been taken and overruled, it would have ended the question. But it was not taken so far as is now recollected, and does not appear to have been noticed by the court. It is not recollected by the judge who sat on that occasion to have been noticed. A defect, if it be one, which was not observed, cannot be cured by being passed over in silence.
The case in Washington was a civil case, and turned upon the point, that no form of the commission was prescribed, and consequently that it was not necessary to appear on the face of it, that it was directed to magistrates.
That it was the duty of the clerk to direct it to magistrates, and he should not be presumed to have neglected his duty, in a case in which his performance of it need not appear on the face of the instrument.
That the person intending to take this exception, ought to have taken it sooner, and not surprise the opposite party when it was too late to correct it.
But the great difference is, that the privy examination was a mere ministerial act—the administering an oath is a judicial act.
The court is of opinion that the paper purporting to be an affidavit made by Dunbaugh , cannot be read because it does not appear to be an oath.
Mr. Hay then observed that as the examination of col. Burr for treason had already taken up much time without being able to make any progress in the business, and from the disposition manifested by his counsel it might last not only ten days, but even ten years longer, he considered it his duty from information which he had received that morning, to suggest to the court the propriety of binding col. Burr in a further recognizance from day to day, till the examination could be ended. He stated on the authority of a letter just come to hand from the secretary at war, that general Wilkinson with several other witnesses might be expected here between the 28th and 30th of this month. This circumstance, said he, renders it essential that he should be considered in custody until he gives security that his person shall be forthcoming to answer the charges of treason against the United States.—The gentlemen who appear as counsel for col. Burr may be and no doubt are sincere in the opinion they have expressed, that he will not shrink from the charges exhibited against him and will not in any conjuncture of circumstances which may occur, fly from a trial; but those gentlemen must pardon me for saying that I entertain a very different opinion. I must believe that his regard for the safety of his own life would, if he perceived it in danger, prevail over his regard for the interest of his securities. I give notice, therefore, that I consider him as being already in custody to answer the motion I have made for his commitment, and that he cannot be permitted to go at large without giving security for his appearance from day to day. His situation now is the same as that when he was first apprehended and brought before a single judge for the purpose of examination. Your honour at that time considered him as in custody, and bound him over from day to day; and I only contend that the same course should be pursued at this time.
Mr. Wickham . The gentleman thinks he has obtained the effect of his motion merely by having made it. I cannot perceive the propriety of a motion to compel col. Burr to give bail in any sum before the probable cause to believe him guilty of treason has been shown. When he was brought before your honour for examination, you conceived the sum of $ 5000 sufficient security for his daily appearance. But a recognizance has already been given in double that sum, binding him not to depart without the leave of this court. Yet now, although no probable proof of treason has been exhibited, Mr. Hay requires the court to demand of col. Burr additional security! I trust that such a motion will not prevail.
Mr. Martin . It has already been decided by the supreme court of the United States, that not a single expression in Wilkinson's affidavit amounts to any proof of the charge of treason. The motion of the gentleman amounts to this; we have no evidence of treason, and are not ready to go to trial for the purpose of proving it. We therefore move the court to increase the bail.
Mr. Randolph . The first motion of the counsel for the United States, was to commit col. Burr on the ground of probable cause only. This goes a step farther; and wishes the same thing to be done on the ground of a probable cause of probable cause. But we trust that we shall not be deprived of our liberty, or held to bail on a mere uncertain expectation of evidence.
Mr. M'Rae . The gentlemen seem to consider the recognizance already taken as sufficient for all circumstances, and that col. Burr will comply with it at any rate. But we have not the same expectation that he will appear in case he discovers that sufficient evidence for his conviction has been obtained. When they speak of the sum in which he was bound on a former occasion, they do not recollect the circumstance which induced the judge to take bail in so small a sum. It was expressly mentioned by your honour that his having been brought to a place at a distance from the circle of his friends, and the nature of the offence, (a misdemeanor only,) induced you to hold him to bail in that sum; and that the charge of treason was altogether excluded from view in taking the recognizance.
Mr. Wirz . Mr. Wickham , in saying that my friend Mr. Hay thought he had obtained the object of his motion merely by having made it, clearly misconceived the object of the motion now before the court. The motion we made yesterday was to
commit col. Burr on a charge of treason; our motion to-day is to hold him in custody to abide the opinion which the court may pronounce upon the commitment. The gentlemen say that we have secured the object we have in view by the recognizance already taken. The court expressly excluded the charge of treason from that recognizance, which applies only to the misdemeanor. Let us suppose that the motion to commit col. Burr was made out of court before a single magistrate. If the examination of witnesses in support of the motion occupied more than one day, would the magistrate let him go at large, while it was depending? Would he not rather either have retained him in custody, or take security for his appearance, and renew it every evening until the motion should be determined? This is all that we now ask of the court to do. The recognizance which has been given applies to the misdemeanor only. If, therefore, it should be forfeited by his going away, we should have no security for his answering a charge of treason: a much more enormous offence, and attended with a very different punishment. We contend, therefore, that additional security ought to be taken.
Mr. Botts . I shall endeavour to place this subject in some measure in a new light. It has been said that the former examination of col. Burr did not preclude this motion. If so, every new edition of the volume of evidence would justify a renewal of the motion to demand additional bail. Thus motions might be heaped upon motions, and bail upon bail, until the perpetual imprisonment of the accused might be the consequence.
It was a practice in former times to drown a person accused of being a witch, in order to try her. I think that practise is renewed on the present occasion in another shape—A motion is made to commit col. Burr for treason. Before the evidence can be gone through by which alone it can be ascertained that he ought to be committed, the court are requested to predetermine the effect of the evidence, and commit, before they have decided whether they ought to commit. Besides no warrant has been issued against col. Burr on the present occasion. He has not been arrested for treason, and therefore cannot be considered as in custody for that offence.
Mr. Hay then made some further observations on the importance of the charge of treason, (which is of the highest nature, involving the reputation and life of the prisoner) and the necessity therefore of the most ample security to compel his appearance to answer it. He stated that this examination might last many days; that after the court had made up an opinion that col. Burr ought to be committed, he might march off, and leave the court to pronounce it; so that an order to commit might be made by the court, and no person found on whom it could be executed. Such an event, he said, would excite the laughter and scorn of all the people of the United States. He mentioned that an immense expense had been incurred by the government in collecting witnesses, and preparing for his trial;—that therefore he did not wish the whole of that expense to be thrown away. Gen. Wilkinson is expected to arrive between the 28th and 30th of this month. If he arrives, both the bills of indictment will be immediately sent to the grand jury. This is the first instance in which the ministers of the law have been requested to say to the accused, "you may do as you please, and go at large until we pronounce sentence." The gentlemen contend for new principles in favour of col. Burr ; but, I trust, that greater privileges will not be granted to him than to the humblest deluded victim of his ambition.
The circumstance that he has already entered into a recognizance to answer for a misdemeanor, is no argument to exempt him from entering into another on a charge of treason. Shall the accused clear himself of a responsibility for one crime by his having committed another? This would indeed be to violate that maxim of law, that no man shall be benefitted by his own wrong. Mr. Botts has contended that there is a difference between the case on the examination and that now before the court; that in the first instance a warrant had been issued; but none in the present. But a warrant is certainly unnecessary, now that the prisoner is before the court. The object of a warrant is to bring him before you. When this has been done, it is functus officio . Here is col. Burr before the court. It is therefore immaterial how he came before it; but he ought to be considered in custody, until discharged by the due course of law.
The Chief Justice delivered the opinion of the court, the substance of which was as follows. It is certainly necessary that a person accused should be retained in custody, or required to give security for his appearance, while his examination is depending. The amount of the security to be required, must depend, however, upon the weight of the testimony against him. On a former occasion, col. Burr was held to bail for his daily appearance in the sum of five thousand dollars only, because there was no evidence before the judge to prove the probability of his having been guilty of treason. When the examination was completed, the sum of ten thousand dollars was considered sufficient to bind him to answer the charge of a misdemeanor only, because the constitution requires that excessive bail should not be taken; but that recognizance had no application to the charge of treason. Yet, whether additional security ought to be required in the present stage of this business, before any evidence has appeared to make the charge of treason probable, is a question of some difficulty. It would seem that evidence sufficient to furnish probable cause must first be examined before the accused can be deprived of his liberty, or any security can be required of him.—Yet before this could be done, he might escape and defeat the very end of the examination. In common cases, where a person charged with a crime is arrested and brought before a magistrate, the arrest itself is preceded by an affidavit, which furnishes grounds of probable cause. The prisoner therefore is continued in custody, or bailed until the examination is finished. But here there has been no arrest for treason, and col. Burr is not in custody for that offence. The evidence then must be heard to determine whether he ought to be taken into custody. But as the present publick and solemn examination is very different from that before a single magistrate; as very improper effects on the publick mind may be produced by it, I wish that the court could be relieved from the embarrassing situation in which it is placed, and exempted from the necessity of giving any opinion upon the case, previously to its being acted upon by the grand jury. It is the wish of the court that the personal appearance

of col. Burr could be secured, without the necessity of proceeding in this inquiry.
Col. Burr rose, and observed that he denied the right of the court to hold him to bail in this stage of the proceedings; that the constitution of the United States was against it; declaring that no person shall be arrested without probable cause made out by oath or affirmation; but if the court were embarrassed he would relieve them by consenting to give bail; provided it should be understood that no opinion on the question even of probable cause was pronounced by the circumstance of his giving bail.
The Chief Justice said that such was the meaning of the court.
Mr. Martin said, for his part, he should prefer that all the evidence should be fully gone into. Instead of fearing that publick prejudice would thereby be excited against Col. Burr, he believed it would remove all the prejudices of that sort which now prevailed.
The Chief Justice. As a bill will probably be sent up to the Grand Jury, the court wishes to declare no opinion either way.
Some conversation then occurred relative to the quantum of bail; and Col. Burr mentioned that he would propose that the sum should be ten thousand dollars, if he should be able to find security to that amount, of which he expressed himself to be doubtful. Mr. Hay contended that 50,000 dollars would not be too much; but the court finally accepted of the offer made by Col. Burr, who after a short interval entered into a recognizance with four securities, to wit, Messrs. Wm. Langburn, Thomas Taylor, John G. Gamble, and Luther Martin;—himself in the sum of ten thousand dollars, and each security in the sum of five thousand dollars, conditioned that he would appear to answer the charge of treason, and not depart without leave of the court.
Mr. Martin, when offered as a security for col. Burr, said he had lands in the district of Virginia, the value of which was more than double the sum; and that he was happy to have this opportunity to give a publick proof of his confidence in the honour of col. Burr, and of his conviction that he was innocent.
All farther proceedings in the case were thereupon postponed until the next day.
Friday, May 29.
The grand jury were called over, and again adjourned until Saturday morning ten o'clock, but gen. Wilkinson having not arrived, nothing else was done.
[The papers received at New-York, contain the official letter of gen. Bennington, detailing at great length the action of Eylan, which we have not room to insert in this day's paper—it closes in the following words:]
"This destructive battle commenced on the 7th at 3 o'clock in the afternoon, and ended the following day at midnight. The loss of the enemy consists, by their own confession, in 30,000 killed and 12,000 wounded; 2000 Frenchmen have been made prisoners of war, and 12 Eagles taken. Our loss amounts to 12,000 killed, and 7,900 wounded; fourteen French generals were killed or wounded, nine of our generals were wounded, but most of them so slightly that they have already joined the army, to bear testimony to the signal and persevering valour displayed by your imperial majesty's troops, and to assure you that your army while it was thus acquired immortal glory has given another memorable proof of what a nation may achieve which fights in defence of its native country, and is ready to sacrifice its blood and life for the attainment of the noble purposes of an adored monarch. In vain did Buonaparte lavish with the utmost profuseness all his vast resources; in vain did he incite the courage of his soldiers, and in vain did he sacrifice so great a part of his army. The gallantry and persevering valour of the Russians withstood all his efforts, and wrested from him a victory long and severely contested.
"Having remained master of the field of battle, I continued there that night, and weighed the measures which I should further have to pursue; and I have reason to congratulate myself on the determination I took to march to Königsberg, I was there able to supply my army with every thing it stood in need of; after long and glorious exertions it found there relief and repose, while the French army weakened and dispirited, continued under arms. I hoped by this retrograde movement to induce the French army to follow me, but twelve regiments of horse only made this attempt, under the command of Marshal Murat, and were almost entirely destroyed near Mansfield. After this fresh loss the enemy began to retreat.
"BARON BENNINGTON."
New-York, May 28.
Mr. Samuel Nightingale, jun. supercargo of the ship Nanty arrived at Providence from Alicante and Gibraltar, gives the following information:—"Previous to leaving Alicante, the governor had declared that all neutral vessels from an English port, with a cargo, should be seized, and if arriving without a cargo, they should be turned out of port. He has ordered the captain of a Danish ship to leave the harbour, but he refused, alleging that his ship was too leaky. Mr. Montgomery, the American consul, had protested against the measure, as contrary to the treaty between the United States and Spain. The Spanish government had ordered a new tonnage duty on foreign vessels, which was to take place in a few days. The duty was to be the same on each foreign vessel, as the ships of Spain pay on entering the ports from which such vessels came, and this duty to increase or diminish with that of other nations. Buonaparte had ordered a large body of troops from Spain, and 500 men, drawn from among the inhabitants of Alicante, had left that place to join his armies. It was reported that the French had sent 60,000 troops to the assistance of the Turks, and that they had got as far as Dalmatia.
The dey of Algiers had declared war against Tunis, and blockaded the port with a large squadron—The Barbary powers were said to be very well disposed towards the United States.—Buonaparte's decree, declaring the ports of Great-Britain in a state of blockade, was published at Algiers the 18th March, and had rendered the pirates fitted from that place and Tarifa more daring and insolent than ever; seldom meeting with a defenceless neutral but they plunder him of something, if they did not send him in—An English squadron of 8 sail of the line had passed Constantinople, to join the Russians in the Black Sea—they were fired upon by the Turks, but did not return the fire.—The British ship Ajax, of 84 guns, has been burnt in the Levant, and 250 of her crew lost their lives. It was thought the accident was occasioned by lightning.—N. Y. M. Ad.
Late & Important Foreign Intelligence, RECEIVED AT NEW-YORK.
CAPTURE OF MONTEVIDEO.
LONDON, April 12
Downing-Street.
A dispatch, of which the following is a copy, was received this morning at the office of Viscount Castlereagh, one of his majesty's principal secretaries of state, from Brigadier General Auchmuty, to the right hon. William Windham: Monte Video, Feb. 6, 1807.
SIR, I have the honour to inform you, that his majesty's troops under my command have taken by assault, and after a most determined resistance, the important fortress of the city of Monte Video.
The Ardent, with her convoy, arrived at Maldonado on the 5th January; and I immediately took under my orders the troops from the Cape, commanded by lieut. col. Backhouse. On the 13th I evacuated that place without opposition, leaving a small garrison on the island of Gorriti.
On the ensuing night with rear admiral Stirling, it was determined to attack Monte Video; and I landed on the morning of the 18th, to the westward of the Caretas Rocks, in a small bay, about nine miles from the town. The enemy were in great force, with guns on the heights, when we disembarked; but they did not advance to oppose us, and suffered me to take a strong position, about a mile from the shore. A trifling cannonade, and some firing at the outposts, commenced in the afternoon and continued occasionally during our stay there.
On the 19th we moved towards Monte Video. The right column, under the hon. brigadier gen. Lumley, was early opposed. About four thousand of the enemy's horse occupied two heights to his front and right. As we advanced, a heavy fire of round and grape shot opened upon us; but a spirited charge in the front, from the light battalion under lieut. col. Browning, dispersed the corps opposed to him, with the loss of a gun. The enemy on the flank did not wait a similar movement, but retreated. They continued retiring before us, and permitted us, without any further opposition, except a distant cannonade, to take up a position about two miles from the citadel. Our advanced posts occupied the suburbs, and some small parties were posted close to the works; but in the evening the principal part of the suburbs were evacuated.
The next morning the enemy came out of the town, and attacked us with their whole force, about six thousand men, and a number of guns. They advanced in two columns; the right consisted of cavalry, to turn our left flank, while the other, of infantry, attacked the left of our line; this column pushed in our advanced posts, and pressed so hard on our out-picket of 400 men, that col. Browne, who commanded on the left, ordered three companies of the 40th under major Campbell, to their support: these companies fell in with the head of the column, and very bravely charged it; the charge was as gallantly received, and great numbers fell on both sides; at length the column began to give way, when it was suddenly and impetuously attacked in flank by the rifle corps, and the light battalion, which I ordered up, and directed to the particular point. The column now gave way on all sides, and pursued with great slaughter and the loss of a gun to town. The right column, observing the fate of their companions, rapidly retreated, without coming into action.
The loss of the enemy was considerable, and has been estimated at fifteen hundred men; their killed might amount to between two and three hundred; we have taken the same number of prisoners, but the principal part of the wounded got back into the town; I am happy to add that ours was comparatively trifling.
The consequences of this affair were greater than the action itself. Instead of finding ourselves surrounded with horse, and a petty warfare at our posts, many of the inhabitants of the country separated, and retired to their several villages, and were allowed quietly to sit down before the town. From the best information I could obtain, I was led to believe that the defences of Monte Video were weak, and the garrison by no means disposed to make an obstinate resistance; but I found the works truly respectable, with 100 pieces of cannon; and they were ably defended.
The enemy being in possession of the Island of Ratones, commanded the harbour; and I was aware that their gun-boats would annoy us, as we apprehended. A two gun battery was constructed on the 23d to keep them in check, and our posts were extended to the harbour, and completely shut in the garrison on the land side. Their communication was still, however, open by water, and their boats conveyed to them troops and provisions; even water for the garrison was obtained by these means; for the wells that supply the town were in our possession.
On the 25th we opened batteries of four 24 pounders and 2 mortars, and all the frigates and smaller vessels came in, as close as they could with safety, and cannonaded the town.—But finding that the garrison was not intimidated into a surrender, I constructed on the 28th, a battery of six 24 pounders within a thousand yards of the south-east bastion of the Citadel, which I was informed was in so weak a state that it might be easily breached. The parapet was soon in ruins, but the rampart received little injury, and I was soon convinced that my means were unequal to a regular siege; the only prospect of success that presented itself was, to erect a battery as near as possible to a wall by the south gate, that joins the works to the sea, and endeavour to breach it. This was effected by a six gun battery, within 600 yards, and though it was exposed to a very superior fire from the enemy, which had been incessant during the whole of the siege, a breach was reported practicable on the 2d inst. Many reasons induced me not to delay the assault, though I was aware the troops would be exposed to a very heavy fire in approaching and mounting the breach. Orders were issued for the attack an hour before day break the ensuing morning, and a summons was sent to the governor in the evening to surrender the town. To this message no answer was returned.
At the appointed hour the troops marched to the assault. They approached near the breach before they were discovered, when a destructive fire from every gun that could bear upon it, and from the musketry of the garrison, opened upon them. Heavy as it was, our loss would have been comparatively trifling, if the breach had been open; but during the night, and under our fire, the enemy had barricaded it with hides, so as to render it nearly impracticable. The night was extremely dark. The head of the column missed the breach, and when it was approached it was so shut up, that it was mistaken for the untouched wall. In this situation the troops remained under a heavy fire for a quarter of an hour, when the breach was discerned by captain Renny, of 40th light infantry, who pointed it out, and gloriously fell as he mounted it. Our gallant soldiers rushed to it, and, difficult as it was of access, forced their way into the town. Cannon were placed at the head of the principal streets, and their fire, for a short time, was destructive; but the troops advanced in all directions, clearing the streets and batteries with their bayonets, and overturning their cannon. The 40th regiment, with col. Browne, followed. They also missed the breach, and twice passed through the fire of their batteries before they found it.
The 87th regiment was posted near the north gate, which the troops who entered at the breach were to open for them, but their ardour was so great they could not wait. They scaled the walls and entered the town as the troops within approached it. At day light every thing was in our possession except the citadel, which made a shew of resistance, but soon surrendered, and early in the morning the town was quiet, and the women were peacefully walking the streets. The gallantry displayed by the troops during the assault, and their forbearance and orderly behaviour in the town, speak so fully in their praise, that it is unnecessary for me to say how highly I am pleased with their conduct. The service they have been engaged in since we landed, has been uncommonly severe and laborious, but not a murmur has escaped them; every thing I wished has been effected with order and cheerfulness.
Our loss during the siege was trifling, particularly as we were not sheltered by approaches, and the enemy's fire of shot and shell was incessant. But it is painful for me to add, that it was great at the assault. Many most valuable officers are among the killed and wounded. Maj. Dalrymple, of the 40th, was the only field officer killed. Lieut. colonel Vassal and Browning and maj. Tucker are among the wounded I am deeply concerned to say, that the two former are severely so. The enemy's loss was very great—about 800 killed, and 500 wounded, and the governor Don Faquil Ruiz Huidobro, with upwards of 2000 officers and men are prisoners. About 1500 escaped in boats, or secreted themselves in the town.
From brigadier general the hon. W. Lumley, and from col. Browne, I have received the most able and the most zealous assistance and support. The former protected the line from the enemy during the siege. The latter conducted it with great judgment and determined bravery.
The established reputation of the royal artillery has been firmly supported by the company under my orders, and I
consider myself much indebted to captain Watson, Dickson, Carmichael and Willgress, for their zealous and able exertion. Capt. Fanshawe of the engineers was equally zealous, and though young in the service, conducted himself with such propriety that I have no doubt of his proving a valuable officer.—Owing to great fatigue he was taken ill in the midst of our operations, and capt. Dickson readily undertook his office, and executed it with the greatest judgment.
From the heads of corps and departments, from the general staff of the army, from the medical, and from my own personal staff, I have received the most prompt and clear assistance.
It is sufficient to say, that the utmost cordiality has subsisted between rear admiral Stirling and myself; I received from him the most friendly and polite attention, and every thing in his power to grant.
The captains and officers of the navy have been equally zealous to assist us; but I feel particularly indebted to caps Donnelly and Palmer for their great exertions. They commanded a corps of marines and seamen, that were landed, and were essentially useful to us with the guns, and in the batteries, as well as in bringing up the ordnance and stores. This despatch will be delivered to you by maj. Tucker, who was wounded at the assaults; and as he has long been in my confidence, I beg leave to refer you to him for further particulars.
I have the honour to be, &c.
S. ACHMUTY.
Brig. gen. commanding.
To the right hon. Wm. Windham, &c. P. S. I am extremely concerned to add, that lieut. colonels Vassal and Browning both died yesterday of their wounds. I had flattered myself with the hopes of their recovery; but a rapid mortification has deprived his majesty of two most able and gallant officers.
April 14.
Peace between England, Russia and Turkey.
We (Courier) had the satisfaction to announce yesterday, the glorious intelligence received from the Dardanelles. Government had not yet received the official dispatches from sir John Duckworth or Mr. Arbuthnot; but now they are in possession of other advices, to which, we understand, they attach implicit credit—indeed, the Dutch papers to the 6th, which have arrived, render the intelligence very probable. The Vienna Court Gazette of the 21st of March, contains the following paragraph:
"Admiral Louis's squadron, cruising off Tenedos, was reinforced between the 15th and the 18th of February, by four three deckers, and several frigates and corvettes; and on the 21st the English forced the Seven Forts which protect the passage of the Dardanelles burnt a ship of the line, and also destroyed some Turkish frigates in the channel. In consequence, fresh negotiations, and proposals for accommodation, took place, and were continued when the latest accounts came away."
The intelligence which government has received is more particular, as well as more recent. Admiral Louis remained off Tenedos, cruising between that island and the island of Lemnos, till he was joined by sir John Duckworth—they then forced the passage of the Dardanelles amidst a tremendous fire, which, however, did little damage to our ships. The fire from the Old Castle on the north side of the Strait, is said to have been for a short time, peculiarly heavy, but it was soon silenced by the British thunder, and the fort is said to have been reduced almost to a heap of ruins. The Turkish squadron opposed an unavailing resistance. It is said that the number of ships taken or destroyed was much greater than the Vienna Gazette states: the number is reported to have been ten sail of the line. The vigour of our proceedings, in conjunction with the Russian squadron, spread universal consternation and dismay. Proceeding through the Dardanelles into the sea of Marmora, we prepared to carry our force before Constantinople, but before any thing was attempted against that city, a messenger was sent off to the Divan, offering terms of peace.—The Divan, after a short consultation, acceded to them, and the following is the substance of the conditions we dictated in concert with our Allies to the Porte.
"That the English should retain possession of the Dardanelles till a general peace."
"That Russia should also keep possession of certain of the Turkish fortresses till a general peace, as a security for the fidelity of the Porte."
The first and immediate consequence of this act of vigour, was the dissolution of the French influence. Sebastiani was ordered away from Constantinople in 24 hours.
We stop the press to announce the report of the arrival of a messenger at the admiralty from admiral Louis, fully confirming the accounts relative to the forcing the passage of the Dardanelles, and the subsequent treaty with the Porte.
The Park and Tower guns are expected to be fired on the occasion. We are sorry to state the loss of his majesty's ship Ajax, which ran aground, but all the crew saved.
April 21.
The Swedes are said to be advancing, and to have been joined by a strong body of Germans, anxious to revenge upon the French the cruelties that have been inflicted. It was reported that the Swedes had entered Stettin. The siege of Dantzic is said to have been raised as well as the siege of Stralsund.—Lefebvre's division, which was besieging the former place has been ordered to join the grand army. Buonaparte seems determined to strengthen himself as much as possible previously to the general battle, which has, in all probability, been fought ere this time.
We are now enabled to inform the publick, from the best authority, that it is finally determined the present parliament shall be dissolved the latter end of May, or the beginning of June.—Statesman.
Trial of Captain Whitby of the Leander
A court martial assembled on board the Gladiator, in Portsmouth Harbour, on the 16th and 17th inst. to enquire into the conduct of Capt. Whitby, late of his majesty's ship Leander, who by order of Capt. John P. Beresford, of his majesty's ship Cambrian, (about April last,) then commander in chief of his majesty's ships and vessels on the Halifax station, was directed to cruise off New York, for the purpose of gaining information, and who, by letters dated the 6th of May last to Capt. Beresford, represented that on the 25th of the preceding month, several vessels were coming down from the light house, near New York, and, as they obstinately persisted in not attending to the first shot fired from the Leander, when closely pursued, several of the said vessels were boarded, and among the number that did not bring to, was a coasting sloop, on board of which it appeared, by various letters and papers transmitted by captain Beresford to the admiralty, an American seaman was unfortunately killed, by a shot fired from the Leander, or some other of his majesty's ships and vessels then under the orders of capt. Whitby; the court having enquired into the conduct of capt. Whitby on a charge of violating the neutrality of a nation in amity with his majesty, & having on the 25th of
April last, within the waters and jurisdiction of the United States of America, unlawfully, wilfully, and of his malice aforethought, caused a shot to be fired from his majesty's ship Leander, thereby one John Pierce, a citizen of America, was feloniously killed and murdered; and having heard the evidence in support of the charge, and capt. Whitby in his defence; and having maturely considered the whole, were of opinion that the charges had not been proved, and did adjudge capt. Whitby—to be acquitted.
VIENNA, April 1.
The imperial Russian admiral Simarin, had set sail with a strong division of his squadron, which has lately been considerably reinforced by the Ionian or Egean Sea, to join the remaining part of the English fleet, which was left cruising off Tenedos. The duke of Richelieu has put himself in motion with a considerable corps assembled in the governments of Odessa and Faugarok to march to Moldavia.—Court Gaz.
ELSINEUR, April 9.
By an arrival yesterday, in 5 days from Dantzic, we have the satisfactory intelligence, that that city is rescued from its impending danger, by the seasonable arrival of 4000 Russians. The garrison has again taken possession of the Fair Water, to which the enemy had advanced. We are assured, from the same source, that the Russian grand army has been joined by upwards of 30,000 fresh troops. A general battle was every day expected to occur.—The affair of outposts and skirmishes have been very frequent, and even sanguinary, from the 26th to the end of last month.—The Prussians join the Russians in considerable numbers; but the former complain bitterly of the want of arms, which they anxiously expect from England. The number of soldiers without arms is very great.
COPENHAGEN, March 21.
The environs of Dantzick, the eastern part excepted, are wholly occupied by the French troops, who were engaged in drawing off the water that runs through the place and destroyed several mills. The Prussian garrison exceeds 16,000 men.
A letter from Dantzick of the 14th says—Twenty thousand men, mostly Poles, are lying round this place. Gen. Kalkreuth has arrived with a reinforcement of 2000 cossacks, and has taken the command of the place. We are taking the most efficient means of defence. The suburbs are already destroyed, so that 8000 people are without house or home. A very strict military police is established in the interior. No assemblages are permitted in the streets or any of the publick places.
Gazette Marine Memoranda.
ARRIVED.
Ship Belvidera, Hathaway, 13 days from Boston, Ballast, R. Blow.
Sch'r Adventure, Town, 5 days from Philadelphia.
Sch'r Eliza Ann, Herbert, 7 day from N. York.
Sales at Auction.
POSTPONED SALE.
The Cargo of the brig Venus, advertised for Sale THIS DAY, consisting of 119 hhds. 4 tierces, 8 bbls. SUGAR,
1 tierce, 36 barrels of prime Green COFFEE, has been postponed until MONDAY next, when it will take place at XI o'clock at the New-Market.
William H. Thompson.
June 3.
2
On FRIDAY, 12th instant, will be sold on the premises, at 11 o'clock,
A Brick HOUSE on Moseley-street, with a large Garden containing about two acres, in good order, with a well of good water. The Lot is bounded by three streets, and is an eligible situation for a family—terms, one third 60, one third 90, and one third 180 days, approved endorsed negotiable paper.
Thomas Willock.
June 3.
4
GRAND FIRE-WORK,
At Mr. Burt's Garden, THIS EVENING, the 3d of June.
1. Six beautiful Rockets of Showers of Gold, Serpents, Crackers, Stars, &c.; the Hairs of Berenice, never performed here.
2. The Grand Pillar of Trajan, a Roman emperor, which is elevated 40 feet, surmounted with a Tripple Sun, ornamented with fixed Suns of various colours, and upon which will be a remarkable inscription according to the epoch.
3. A Vivat of America, accompanied with a discharge of artillery.
4. A beautiful Sun, unknown here, as the last time the rain hindered its effects.
5. A Cross of St. Sinaty, in which will be an Eagle, that will show three different colours, with a grand fixed Sun, composed of blue and brilliant, the forms of which will be marked by two kinds of Fire-Work Candles.
6. The Chimney Piece of Lady Washington, worked elegantly.
7. Piece called a conference between General Washington, the Secretary of State, &c.; the genius of Columbia for the prosperity of this country, in transparencies; this will be accompanied by two Cascades, and a Vertical Wheel of varied colours.
Price 50 cents, Children half price.
All this Fire-Work will last long, and satisfy the spectators, and it will be fixed upon the water for the accommodation of the company, as was lately the Mill.
Notice will be punctually given at the setting off of every piece.
The publick is invited to come and see the pieces at 12 o'clock, which at that time will be fixed in the Garden.
FITZHUGH'S PACKET, PHILADELPHIA & ANNA, will sail for Philadelphia on Sunday next, having all her freight engaged. For passage only, apply to the master on board at Wheeler's wharf. June 3.
For Sale, Freight, or Charter, The fine fast-sailing Ship ROSE, 300 tons burthen, now ready to receive a cargo. Apply to WM. HARTSHORNE, Jun. June 3.
Five Dollars Reward.
Deserted from the Ship Dumfries, ALEXANDER BOWD, an apprentice. All persons are hereby forewarned against harbouring or employing the said apprentice, as the law will be strictly enforced against them.
Richard Beard.
June 3.
4
NOTICE
Is hereby given, that application will be made at the Bank of the United States, for payment of a Note, No. 1785, for Fifty Dollars, dated 6th July, 1806, payable at the Office of Discount and Deposit in Norfolk, one moiety of which Note has been lost or destroyed by accident. May 6. Jan 88

For Freight or Charter, The good Sloop DIRECTOR, James Tarling- ton, master, burthen about 800 barrels, in complete order.—For terms apply to Richard Bowden, & co. June 1. tf
Wanted for a Port in Ireland, A SHIP of about 200 tons burthen. JAMES HERRON. May 29. 3t
For Freight or Charter, The good Ship FRANKLIN, Thomas L. Quivesberg, master, burthen about 15 to 1600 barrels, and will be ready for the recep- tion of a cargo in a few days—a freight to Bordeaux or to the Havanna would be preferred. Apply to Wilson, Cunningham, & Co. May 29. tf
For LONDON, direct, (Will sail by positive agreement the first week in July, or sooner.) The Ship ALMIRA, Job Whipple, master, having two thirds of her cargo engaged. For freight of the remainder or passage, having excellent accom- modations, apply to the master on board, or N. Heron. May 27. tf
For Freight or Charter, The fine fast sailing Schooner VIRGINIA ANN, Wm. Hodson, master, burthen 750 barrels. For terms apply to the master on board, or to Daniel R. Waddey, & Co. May 27. tf
For SALE, The Cargo of the brig Nancy, capt. Muren, consisting of 90 puncheons high proof SPIRITS, 14 hogsheads choice retailing Molasses, 9 puncheons Castor Oil, containing each about 15 dozen bottles, 6 tierces Pimento. The Brig NANCY, is offered for Sale; she is a remarkable strong well found vessel, burthen about 1600 bbls. JAMES YOUNG. May 27. 6t
For Charter, The good Ship UNION, P. Remington, master, burthen 215 tons.— For terms, apply to Moses Myers. May 20. tf
For Sale on board the Ship Huntress, from Liverpool, 6500 bushels coarse SALT, 80 crates Earthenware; 64 do. Glass Bottles, 650 bushels Coals. The HUNTRESS, will return direct to Liverpool, and will be ready to receive freight in 10 days, considera- ble part of her cargo being already engaged; for the balance apply to A. Maclure.
30 casks Oil; 10 boxes Candles, 10 boxes Wax Candles; superfine and fine Flour. I want to Purchase, A fast-sailing VESSEL, from 130 to 140 tons. April 17. tf
For FREIGHT or CHARTER, The Phil'a built Ship William Penn, coppered, burthen 360 tons, now ready to re- ceive a cargo. Apply to Edward Watson. Who has for Sale, 3 Trunks excellent Linen; 7 doz. Chairs; 1 case Umbrellas, well assorted. March 23. tf
For Freight or Charter, The Brig ROEBUCK, Tho's Bolan, master, burthen 270 bds. tobacco; a freight to France would be preferred. Apply to Noble, & Arbutnot, & Co. April 3. tf
Office of Discount and Deposit, U. S. Bank, Norfolk, May 20, 1807. WANTED TO PURCHASE, A few Thousand Pounds Sterling, in approved endorsed Bills on, or payable in London at Sixty Days sight. Robert Oliphant, Cashier. May 20. tf
The subscribers have just received by the lat- est arrivals from Europe, and now opening at their Store on Market-square, a handsome assortment of Dutch and English GLASS, consisting of
Wine, } GLASSES. Punch, } Cordial } Tumblers, Cordial Bottles, Pint Decanters, 1 1-2 pint do. Quart do. Salt Cellars, Glass Bowls, &c. &c. Looking Glasses of various sizes. Plain, Festooned, and Cut.
An assortment of Marble, consisting of Chimney Pieces, Table ends of coloured do. Slabs, Brackets &c. On hand, in Store, 50 puncheons Tobacco Rum, 15 hds. Muscovado Sugars, 10 barrels Loaf Sugar, 5000 wt. Green Coffee, 25 barrels Whiskey, 15 barrels Apple Brandy, 50 boxes Soap, 180 boxes Candles, 120 do. Herrings, 150 sheams Wrapping Paper, 100 do. writing do. 200 casks Lime, 6 boxes Chocolate, 12 quarter chests Imperial Tea, 4 chests Hyson do.
Also landing This Day, 4 cases assorted French Cambrics. Selden & Clark. May 22. tf
CASH Will be given for Thirty or Forty SHARES of Virginia Bank Stock. Apply to the Editor of this Paper. Nov. 5. tf
For Sale by the Subscriber at his Soap Manufactory, in Bank-Street, 150 Boxes of Mould CANDLES, warranted to answer the warmest climate, 4000 wt. of Brown SOAP, for family use, or can be put up in boxes on the shortest notice for exporta- tion, 100 Kegs of BUTTER, and a quantity of ROSIN—all of which will be sold low for cash or good paper. Henry M'Dowell. May 6. tf
John & Wright Southgate, Have received by the Hunter, from London, an assortment of GOODS, suited for the season. ALSO,
A few patent and grand Piano FORTES. May 1. tf
NOTICE. The copartnership of Perren & Graves, being from the 21st May dissolved by mutual consent, all those having claims against the concern are desired to bring in their respective accounts to Patrick Perren, and those in- debted to them to make immediate payment to the said Per- ren, who is fully authorised to settle the same. Patrick Perren, Robert Graves. June 1. tf
For RENT, (until September next,) That commodious brick Dwelling- House, lately occupied by the subscriber, situated on Catha- rine-street, opposite to Mr. Richard Bagnall's, and next door to Mr. Thomas Gatewood's, well calculated for a family.— For terms apply to Richard Bowden. June 1. tf
Just received an additional supply of SUMMER GOODS, Among which are Mens' best London Beaver HATS, do. do. do. Japanned do. 25 groce black and coloured Hat Linings, Green and plaid silk Parasols, French Lutestrings & Saracens, Elegant long French silk Shawls, Linen Cambricks, Black silk Florentine, fancy Muslins, Japanned and tambores Shawls, fine Dimities, Musquito Netting, Threads, Pins, sewing Silks, &c. &c. One case fashionable Bonnets, Tea Trays, &c.—For Sale at No. 41, Main-street, by Wood & Hastings. May 29. tf
Spring and Summer GOODS. RICHARD & JOHN TAYLOR, Have received by the ships Hunter, from London, and Dumfries, from Liverpool, their supply of Fancy and Fashionable GOODS, Irish Linens, Hardware and Cutlery, &c. &c. which they offer for sale by wholesale and retail on the most reason- able terms, for cash or good paper. May 6. 2m
SPRING GOODS. COCKE AND SANFORD, Have received per the Ship Hunter, from London, an as- sortment of SPRING GOODS, Consisting of
Muslins, plain and figured, Cambricks, Dimities, Calicoes, Ginghams, Chambrays, Irish Linens, Long Lawns, 5-4 and 6-4 Sheetings, Osnaburgs, Ticklenburgs, Dowlas, Checks, Seine and Wrapping Twine, Cotton and Silk Hosiery, Gloves, Best superfine Cloths and Cassimeres, Bombazeens, Bombazets, Crapes, Lutestrings, Folding Mattresses, Fashionable Hats, and a few pair Dress Boots. They are in daily expectation of A supply of Cutlery and Sadlery, &c. from Liverpool. May 4. 2m
Spring and Summer GOODS. The Subscribers have received by the Ship Hunter, from London, their supply of Fancy and Fashionable GOODS, which they offer on reasonable terms for cash, or approved notes. Mackinder & White. May 1. tf
For RENT, A TENEMENT, calculated for a small family, pleasantly situated on Smith's Point. Apply to J. Palmer, adjoining the premises. May 29. tf
We offer for Sale, The entire Cargo of the ship Franklin, capt. Quivesberg, from Matanzas, consisting of 217 hds. Muscovado SUGAR, and 100 do. retailing Molasses, on accommodating terms for good paper, with approved endorsers. T. & W. A. Armistead. May 29. 3w
FRESH TEAS. 116 boxes Imperial, 26 do. Hyson, 56 do. Young Hyson, 10 do. Souchong. The above are of the very first quality, and are all entitled to drawback of duties if exported, will be sold low for cash or short credit, by Mackinder & White. May 29. 6t
300 dozen empty BOTTLES, will be sold low if applied for immediately. John C. Niemeyer. ALSO,
An invoice of fine Linen GAUZE, for Musquito Curtains. May 27. tf
NOTICE. The creditors of Gilbert Robertson & Co. and of Robertson & Brown, who have executed the Deed of Trust, and the creditors of Gilbert Robertson and James Brown insolvent debtors, are requested to exhibit their accounts to Alexander Van Pfister without delay, as it is in- tended to make the first dividend of the estate on the twenti- eth day of June next. James M'Evers, Alex'r Van Pfister, John Jones, jun. } Assignees. New-York, May 13, 1807.
The creditors designated in the foregoing no- tice, residing in Norfolk, or whose accounts are against the firm of Robertson & Brown, are requested to exhibit the same to the subscribers. Theo. Armistead, James Taylor, Robert Dickson, } Assignees. Norfolk, May 27. 120thJ
Cambric Handkerchiefs and Cravats, For Sale by COCKE & SANFORD. May 25. 4
EDUCATION. Notice is hereby given that the trus- tees of Margaret Academy, in the County of Accomack, have engaged Teachers and made the necessary arrangements to commence said School on the 8th day of June next.—In this Seminary will be taught the English, Latin, and Greek Languages, Geography and the Mathematics. The Teach- ers are graduates of Yale College, in Connecticut, and come highly recommended as gentlemen of learning and irreproach- able moral characters. The buildings are erected on an emi- nence which commands a fine prospect of Pungoteague river and the Chesapeake, and is supposed to be inferior, in point of health, to no situation on the Eastern-Shore. The Schol- ars who board in the School must find their own bedding, and also make an advance to the steward of Twenty-five Dol- l- ars. May 25. 1m
SAMUEL COLEMAN, Opposite the Market westward, has a very extensive assortment of ENGLISH KID SHOES, in all the variety of that article, of the latest (legal) impor- tation, with the necessary embellishments. An extensive assortment of Boston SHOES of a great vari- ety of kinds. Also, a good assortment of New-York SHOES, of which kind particularly, he is enabled to sell the best Shoes in town —since no other person here, that he knows of, is largely supplied from that place; the superiority of the workman- ship of New-York is well known to many people, and will be known by all who try it. A considerable assortment of British, New-York, Phila- delphia, and Boston BOOTS—and is in expectation of a large quantity of Shoes and Boots of all descriptions from New-York, which will be sold at the prices of that place, wholesale and retail. He has just received, New-York SHOES and BOOTS, and an assortment of Mr. Vernon's elegant Baltimore Boots, at least equal, it is believed, to any made on this continent. Being anxious to sell off his Boston Shoes and Boots, he will take in retail for Men's finest Shoes 10s. 6d. and in the same proportion for others—Suzarrow Boots at 6 dollars—He will also reduce the price of English Kid Shoes with heels, to 10s. 6d.; without heels to 9s. He has for Sale, a considerable quantity of India COTTONS, very low for Cash. May 27. 2awtf
For RENT, A very convenient Two Story Dwel- ling House, with a passage and three large rooms on the first story, a passage and four rooms in the second story; a good cellar and other conveniences, situated near the Dwel- ling-House of the subscriber on Boush-street. Possession may be had on the 1st of June. Also for Rent, The fire-proof WARE-HOUSE, on Commerce-street, between those occupied by Mr. Herron and myself. Possession may be had immediately. Apply to JOHN GRANBERY. May 25. 2aw5w
For SALE, 230 Barrels of PORK. Apply to Richard & John Taylor. May 25. tf
For SALE, 500 bbls. Corn, 40 do. sup. Flour, 20 do. fine do. 6 do. Ship Stuff; and a few hampers Double Glou- cester CHEESE. FRANCIS SMITH. May 25. tf
Valuable PROPERTY for Sale. One Lot of Land on Smith's Point, opposite Mr. Collins' house, containing 107 feet front, and 199 feet deep, bounded on the South by Bute-street, North by York-street, and East by Dunmore-street. ALSO, The Water LOT, where the old ship Tomies, containing about 200 feet on the front of the channel, and running back about 700 feet to Henry-street, agreeable to Moore's plan. Terms, 4, 8, and 12 months credit. Daniel R. Waddey, & Co. May 25. tf
We want to Purchase, A few Shares of STOCK in the Vir- ginia Bank. Campbell & Wheeler. May 22. tf For RENT, (and possession given immediately,) My WHARF and WARE-HOUSES, at present occupied by Mr. John Moore, and others.—It is the best situation in the Borough for a Lumber Yard, and will be let low to a good tenant. Also to Lease, That convenient Lot of LAND, on Commerce and Little Water-Street. For terms apply to James Tucker. May 20. tf Landing on Newton's wharf, from on board the sch'r Experiment, from Tobago, and for Sale by the Subscribers, 17 tierces Molasses, 1 hhd. Rum. AND IN STORE, 13 tierces prime Green Coffee, and 6 hogsheads prime Sugars. Wilson, Cunningham, & Co. May 20. tf For Sale by the Subscriber, 5 hogsheads Loaf SUGAR, 42 boxes Window Glass 10 by 12, 83 pieces twilled Sacking. A. Maclure. April 27. tf I wish to purchase from 3 to 400 cords of Oak & Beach Bark, to be delivered at my Tan-Yard, for which cash will be paid at the usual prices. Complaints having been frequently made by persons who procure Bark, and are too careless to preserve it, that op- pressive deductions are made for that which may be damaged, thereby subjecting them to the alternative of carrying it home, where it is of no value, or of submitting to what they think an imposition. It is necessary to apprise them, that it is my determination to receive hereafter no Bark which may be in- jured at any deduction whatever. THEO. ARMISTEAD. April 15. tf VIRGINIA, to wit: At a Chancery District Court, held at the former ca- pital in the city of Williamsburg, the 28th day of April, 1807, Josiah Riddick, plft. } against Michael and John Wallace, and Barnet Pulliam, defts. } The defendant, Barnet Pulliam, not hav- ing entered his appearance and given security according to the act of assembly and the rules of this court, and it ap- pearing to the satisfaction of the court that he is not an in- habitant of this country; on the motion of the plaintiff, by his counsel, It is ordered , that the said defendant do appear here on the first day of next term, and answer the bill of the plaintiff, and that a copy of this order be forthwith in- serted in one of the newspapers published in the borough of Norfolk, for two months successively, and posted at the front door of the former capitol in this city. A copy. Anthony Robinson, C. C. May 18. 2m
For Rent or Lease, The HOUSE now in the occupancy of Messrs. Caton and Veale, fronting the Market; it contains an excellent Cellar, a Dry Good Store; and two Rooms be- low stairs, and three above; a Kitchen may be had with the house. Apply to Messrs. Caton & Veale, or to Robert Taylor. May 4. tf
At the Old CUT-NAIL Manufactory, corner of Main and Church-streets, the subscriber keeps on hand constant supply, and can furnish at short notice, any quantity of Nails, Flooring Brads and Sprigs, At the following reduced prices, by the Keg—for cash only, viz— 8, 10, 12, and 20d Nails and Brads at 7 1-2d lb. 6d. Nails, 9 1-2d 4d. do. 2s. 9d. m. or 11d 3d. do. 2s. 3d. or 12d Sheathing, 7 1-2d rd. Sprigs, 4s. 6d per M. 6d. do. 2s. 9d 2d. and 3d. do. 2s. 3d He offers also for cash only— HOOP IRON ASSORTED. Thos. Seaman. May 25. tf
For RENT, The Store and Dwelling-House, on Market-Square, at present occupied by Mess. Quemper & Duon. Apply to William B. Lamb. WANTED, A few Shares Virginia Bank Stock. April 19. tf
Saddle and Harness Manufactory. The inhabitants of Norfolk, and the publick in general are respectfully informed, that ROBERT Y. MERIDE, & CO. have just commenced the SADDLING BUSINESS in this place, at No. 10, Church-street, where they intend carrying it on in all its variety; they make all kinds of Ladies' and Gentlemen's Saddles in the newest fashion; Coach and Gig Harness of all descriptions, with every other article in the Saddlery Business, and they take this opportunity of inform- ing the publick that their work will be executed in a style of neatness and utility, equal to any imported from London or any other place, and far superior to any thing of the kind ever done in Norfolk; their materials will be of the very best quality, and every attention paid to give satisfaction; from these considerations, and in the hope that the best work will always command the preference, they rely on the pub- lick for encouragement. Those who have been in the habit of importing, or sending to Richmond, Petersburg, &c. for Saddles and Harness, will now have an opportunity of being supplied in their own neighbourhood. May 13. 1m
NOTICE. The Street Commissioners will allow to all Craft from the rivers and shores of the bay, One Dollar per ton for every ton of good round paving Stone, which may be delivered upon their wharf in Norfolk, between this time and the 20th June next. May 11. tf
400 barrels Tar, 20,000 pipe Staves, 30,000 White Oak Hogshead do. 50,000 Red do. do. 100 Barrels Flour.—For Sale by L. Mansfield. Portsmouth, May 8. tf
Leather, Cordage, and Loaf Sugar. The subscriber will hereafter expose for Sale at his Ware-house on Campbell's wharf the above Articles, of the manufacture of Norfolk, at reduced prices for Cash, or on short credits only. Theo. Armistead. He will sell or lease for a term of years, the STORES at the end of Marsden's and Rothery's wharves. Feb. 20. tf
FOR SALE, 50,000 white oak hogshead drawr Staves 50,000 red do. 30,000 rough do. 20,000 Cypress Pales 2,000 Cedar and Chinquepin Posts 50,000 building Shingles. Proby, Harmanson & Co. March 2. tf
ICE. A constant supply of this article during the season is expected from Mr. Nivison's Ice-House, and will be sold at the customary price, in the cellar under Major Coleman's Shoe Store, opposite the market. Persons wishing to be daily customers, commencing with the season, (if a sufficient number be obtained) and supply- ing bags, will be furnished on moderate terms. Robert Wilson. May 22. tf
A WORK That ought to be in the possession of every MAN. THE LIFE OF GENERAL WASHINGTON, Complete in 5 volumes 8vo. with an elegant PORTRAIT, and a variety of MAPS, is now ready for subscribers, and a few copies for Sale by JAMES TUCKER.
The following remarks from a late London publication, at- test the high opinion entertained of this authentick and in- teresting work. "The publick will learn with interest that the literary mo- ment which has long been projected to the memory of the most illustrious character of modern times, is at length com- pleted. No apology can be requisite for erecting such a mo- nument to him, who was the first in war, the first in peace, and the first in the hearts of his fellow citizens: to him who was the founder of a great and prosperous empire, and whose moderation and pure patriotism challenge the imitation of all statesmen. This performance of judge Marshall has already been distinguished by the most honorable & unequivocal testi- monies; it has been hailed as an acquisition to standard lite- rature; and it has been considered as deserving, in point of execution, a place by the side of Robertson's Charles the Fifth, and as unrivalled in the authenticity of its materials, by any work in the entire compass of history and biography." April 1. tf
Just received from Philadelphia, 6 hogsheads of Rye WHISKEY, 1 pipe and 4 bbls. Country Gin, 8 boxes best quality Chocolate; 15 do. do. Mustard, 10 kegs best Gun Powder; 14 doz. Wax and Grain Calfskins, 2 dozen Boot Legs; 500 lbs. Soal Leather, 50 pieces Russia Canvas; 50 do. Ravens Duck, Bar Iron and Castings.—For Sale by John D. Haldane. April 27. tf
For SALE at my Brew-House, Strong, Table, and Ship BEER, by the hogshead, barrel, and half barrel—and a constant supply of bottled PORTER in packages and by the dozen. And in Store, Wines, Liquors, and Groceries, wholesale and retail. Joseph Hayes. Feb. 13. tf
NORFOLK: PUBLISHED THREE TIMES A-WEEK, BY WILLIAM DAVIS, FOR THE PROPRIETOR, OPPOSITE THE EXCHANGE COFFEE HOUSE Price Five Dollars and Fifty Cents yearly, in advance.