Norfolk gazette and publick ledger (Norfolk [Va.]), 1808-03-02 00:00:00

NORFOLK GAZETTE And PUBLICK LEDGER  UNTICETIAM SUA PREMIA LAD
[VOL. IV.]
WEDNESDAY EVENING, MARCH 2, 1808.
NO. 98.]
THIS PAPER IS PUBLISHED THREE TIMES A WEEK PRICE TO SUBSCRIBERS SIX DOLLARS PER ANNUM, PAYA- BLE IN ADVANCE—SINGLE PAPER TWELVE AND ONE HALF CENTS—ADVERTISEMENTS ARE INSERTED AT THE RATE OF FIFTY CENTS FOR THE FIRST, AND TWENTY FIVE CENTS PER SQUARE FOR EACH SUCCEEDING INSERTION.
A FREIGHT is Wanted for the Schooner SATURN, Isaac Collin, master, 107 tons or about 900 barrels burthen, can be ready to receive a cargo immediately. For terms apply to the master on board, or
Christopher Fry.
February 26.
Council Chamber, February 25, 1808. THE EXECUTIVE will receive on the 25th of March next, Proposals for constructing efficient and proper Carriages for mounting all the pieces of Artillery belonging to this Commonwealth, at which time drafts of the most ap- proved models, in conformity to which, the said carriages are to be constructed, will be submitted to the inspection of all persons disposed to contract for the same. The Executive will probably furnish all the necessary timber, and will have the iron work done at the Penitentiary—Subjected is a list of the pieces intended to be mounted.
Daniel L. Hylton, Clerk of the Council.
  6 Brass Cannon 32 pounders,   9 Iron do. 24 do.   1 do. do. 18 do.   1 do. do. 12 do.   1 do. do. 6 do.   4 do. do. 4 do.   2 do. do. 3 do.   10 or 15 others of different sizes.
NOTICE.
I shall attend at the Court-House on Friday morning the 11th of March, for the purpose of pay- ing the Artillery and Infantry Companies of this Borough, late in the service of the United States, under the command of Brigadier General Thomas Mathews—and on the follow- ing Monday I shall attend at the Court-House in Portsmouth, for the purpose of paying the Companies of that place.
Robert C. Jennings, Acting as Pay-Master.
February 29
For CASH or approved Discountable Paper, 20 bales best Russia CANVAS, 1 do. Ravens Duck; 1 do. Mattass Pickings, 65 packages German Linen—For Sale by Niemeyer & Von Kapff.
February 28.
FOR SALE.
A Tract of LAND lying on Pagan Creek, in the County of Isle of Wight, two miles above Smithfield by water, the whole about 1000 acres—it is so si- tuated that it may conveniently be sold in different parcels; about 450 acres of it is bounded for near two miles by Pagan Creek, with a valuable marsh, and three convenient land- ings accessible to any vessel that can go to Smithfield; this piece lying between Pagan Creek and a large branch thereof, may be inclosed, to itself by a fence of about half a mile; separated from this tract by the branch above mentioned is about 100 acres, part of which is well timbered, with a good landing for vessels. It is unnecessary to describe all the ad- vantages and conveniences of this Land, as it is presumed no person will purchase without viewing it. It may be seen by applying to Mr. George Basswell, living on the premises, and the terms made known by Thomas Pierce, Esq. of Smith- field.
Another Tract containing 711 a- cres, in Isle of Wight County; this Land lies very level, and the soil well adapted to crops; but as it is entirely Wood Land, and within 10 or 12 miles of market, the advantage must be obvious—the Land may be seen by applying to Mr. John Ely, adjoining it, and the terms made known by ap- plication to the subscriber at South Quay.
Also, a Tract containing 537 acres within two miles of South Quay, in Nansemond County; this Tract is good Corn Land, and well adapted for raising stock; with it may be had one half of a Saw and Grist Mill now in operation, about a mile from it, which will render the timber valuable, as there is a ready market for all that can be saved. For terms, &c. apply to the Subscriber— For the greater part of the above property young Negroes will be taken at a generous price.
John Dorlon.
South Quay, February 24, 1808.
FOR CASH ONLY.
GERMAN LINENS, &c.
  16 bales coarse Linen, 400 pieces Paper Hangings   4 do. Ruilia Sheeting, 80 boxes Window Glass,   3 boxes German Rolls, 100 do. Short Pipes,   2 do. Rouans Sheeting, 120 do. Spanish Segars,   1 do. fine Flanders do. from 8 to 20 dollars per box,   3 do. Platiillas, 550 doz. empty Bottles,   1 do. fine Dowlas, 200 wt. needled bottling Wire,   2 do. Table Cloth, 800 do. Glue,   1 do. common Shirt Lin- 11,000 best Coffee bags,   nen, 4,500 cheap Gunny Bags,   1 do. extra fine do. 5 boxes Tumblers, Decan-   1 do. Bed Tick 2 yards ters, &c.   wide, 
Also,
  6 elegant Terrestrial Globes, A large invoice of Lace,   3 pair large Looking Glasses, Jewellery and Dice,   in gilt frames, of the first Elegant Chessmen,   elegance, Flaggots and Garnets,   Elegant marble Statues, Violins, Bows, and Fives,   Urn and Vases, Flutes with four and six keys,   Liquor Casks, Oil Cloth, do. patent lined,   Wool and Waffle Irons, Ladies' Dressing Boxes,   Coffee Mills and Toasters, Toilet Looking Glasses,   Velvet Ribbons, Shaving Casks,   Fine Thread Stockings, Elegant Writing Desks,   Elegant Cutlery, Scarlet Plush for Saddles,   An invoice of Watches, Seine and Sewing Twine.   Watch Crystals and Beads, For Sale by   Niemeyer & Von Kapff. 
February 4.
For Sale on moderate terms by the cash or a smaller quantity,
12 tierces Hibbert's Brown STOUT,
  15 pipes fourth proof Cognac Brandy,   1 do. old London particular Madeira Wine,   40 hds. Antigua, Jamaica, and W. I. Rum,   7 do. Molasses; old Peach Brandy in barrels,   Green St. Domingo Coffee in barrels; wrought Nails,   Shearing Nails and Spikes; Axes; Bar Iron; Fig Blue,   Stone Jugs; a quantity of Bran; 9 pieces fine Flannel,   Bed Tick of the best quality. 
John Macgowan.
January 29.
SENATE OF THE UNITED STATES.
THURSDAY, February 11.
Debate on the bill for the punishment of Treason, and of other crimes and offences against the Unit- ed States.
[Mr. GILES' Speech concluded.]
A reason however may be assigned, per- haps not satisfactory to all, for this classifica- tion of powers. It is derived from the last part of the clause, which seems to be a limi- tation of the judicial, as well as legislative de- partment. This part of the clause requires two witnesses, at least, to the same overt act of treason, as indispensable to a conviction; whereas in other criminal cases, conviction may be had according to the ordinary rules of evidence in courts, upon the testimony of one witness. This limitation upon the ordi- nary rules of evidence in the courts, would of itself have justified the classification of this power according to the constitutional ar- rangement. Hence it appears irresistibly conclusive, that according to this particular clause of the constitution, the power of de- claring what act shall amount to the treason of levying war, and of adhering to enemies of the United States, is conferred on the go- vernment generally, and not on any depart- ment exclusively.
This clause must evidently be considered, both as conferring power and limiting its ex- ercise. The word "consist" is the word con- ferring power, the word "only" is the word limiting its exercise. The word "consist" is directory to the government generally and not to any department exclusively. The word "only" excludes from the whole government the power of introducing all construction or imaginary treason, and limits its power only to the two species of treason included within that term—to wit, the treason "of levying war" and "of adhering to the enemies of the United States." The word "only" therefore in this clause relates only to the species of treasons embraced by it; and not to any par- ticular acts, which may amount to treason un- der either of these species. Hence the clear and obvious language of the constitution is this; The government of the United States may declare what acts amount to the treason of levying war, and adhering to the enemies of the United States; but it shall not declare any other act whatever treasonable. The rea- son of this arrangement will be the more ob- vious, by reference to the doctrine of treason in the country from which these terms are borrowed. In England exclusive of the two species of treason recognized by our constit- ution, there are various other treasons, and many of them constructive; such as imagin- ing the king's death, &c. shewing too much civility to the queen or princesses, &c. coun- terfeiting the king's coin, &c. &c. The great object therefore of the constitution was to ex- clude from the government of the United States this whole family of treasons; and the terms used are extremely proper for this ex- clusion and for the inclusion of the two species only recognized by the constitution.
But it is said treason is already defined by the constitution. Is the fact so? let the enquiry be made; and also the extent to which the definition goes. "Treason against the United States shall consist only in levying war a- gainst them, and in adhering to their enemies giving them aid and comfort." Two species of treason are here defined; but no act a- mounting to either species of treason are here defined. Ask the question, what is treason against the U. S.? The constitution answers "levying war against them, or adhering to their enemies."—Reverse the question, what is levying war against the United States or adhering to their enemies? The answer is treason. No act which will amount to either of these offences, is defined. This definition although extremely useful as a guide to the government, is of no practical use to the cit- izen, because it gives him no information of any act, which amounts to treason; and which, if he commits, he will be guilty of trea- son, and subject to the highest punishment known to our laws. This knowledge of the nature and tendency of its acts is the only knowledge, that can be useful and necessary to the citizen.
It appeared to him wonderfully strange, that offences the most complicated in their na- ture, the most dangerous in their effects to so- ciety, and the most fatal to the individual committing them, which should not be explain- ed to the people, should be locked up in the breast of the judge, and that an attempt to explain them legislatively to the people should be thought to be an alarming invasion of their rights, if not criminal in itself. But if the terms levying war, &c. it is presumed that some gentleman in his place will tell us what specific acts will constitute the offence: for his part he had paid great attention to the subject, and in the present state of things, he acknowledged himself perfectly incompetent to it. Nor would the difficulties be lessened by a recurrence to all the judicial opinions yet given upon the subject. These attempts had
demonstrated not only the incorrectness of the supposition, that these treasonable acts were defined; but the indispensable necessity of some legislative definition; for it is believed that no two judges have yet delivered the same opinions upon some of the most essential char- acters of many of these acts, and if judges themselves should not be able to comprehend, and precisely to fix this constitutional definiti- on, how can it be expected that the people at large can do so? He had always been taught to believe, that one essential characteristic of a free from a despotic government consisted, in giving full information to the citizen of every penal act, and the punishment consequent upon its commission, and is there nothing in the constitution which recognizes this princi- ple, and almost makes it injunctive upon the government? In the 6th article of the amend- ments to the constitution, most of which may be considered as a bill of rights, I find these words. "In all criminal prosecutions the ac- cused shall enjoy the right to a speedy trial, &c. and be informed of the nature and cause of the accusation," &c. For what purpose should he be informed of the nature and cause of the accusation, if when he is informed of both, he is unable to ascertain by examining the law, whether he has been guilty of any of- fence or not? And is it not of infinitely more importance to the citizen to know the nature and consequences of any particular act he is a- bout to commit, than to be informed of the na- ture and cause of his accusation, when after he shall have been thus informed, he is unable to ascertain by any law, whether the nature and cause of the accusation against him be cri- minal or not? Indeed without the knowledge of the criminality of the charge, a knowledge of the charge itself would be of very little ad- vantage to him. Again, suppose a citizen should be indicted upon the identical words of the constitution, "of levying war," without the specification of any particular overt act amounting to that offence; would such defini- tion be sufficient for conviction? certainly not. More definition is therefore required than can be found in the constitution.
The next question which presents itself for consideration is, how can this further defini- tion be obtained? What department is most competent to it? What is the proper depart- ment under the constitution? He said, there can be no doubt but the legislative is the only constitutional and component department for that purpose.
Mr. G. said, it would be recollected, that according to the interpretation put upon the clause of the constitution first read, it was stated that the power of declaring or ascertai- ning the acts which would amount to the trea- son of "levying war, &c. and adhering to the enemies, &c." was conferred on the go- vernment generally, and not on any depart- ment exclusively. If this position be correct, which appeared to him to be a plain matter of fact, he would now call the attention of the Senate to another clause in the constitution, which he considered directory as to the proper department for exercising this power. The clause he alluded to was in the 8th sec. of the 1st article of the constitution. He would read both clauses together—3d section 3d article. "Treason against the United States shall cons- ist only in levying war against them or in ad- hering to their enemies giving them aid and comfort"—8th sec. 1st article. Congress shall have power "to make all laws which shall be necessary and proper for carrying into execu- tion the foregoing powers, and all other pow- ers vested by the constitution in the govern- ment of the United States, or in any depart- ment or officer thereof." Now ask the question, is the power of declaring or ascertaining what acts amount to treason of "levying war, against the United States, or of adher- ing to their enemies, &c." vested by the con- stitution in the government of the United States? Answer. It certainly is. What is the proper department for passing all laws ne- cessary and proper for carrying this power in- to execution? The constitutional answer certain- ly is, Congress.
If this exposition be correct, and it appear- ed to him to be self evident, it is no longer a constitutional question, but it is a question of expediency. Is it necessary and proper un- der existing circumstances to pass such laws? This question has been before answered in part, but would be further examined present- ly. The clause in the constitution last read has also had a general cabalistical phrase ap- plied to it. It is called "the sweeping clause," and attempts have been made to infer from it, general powers to the government, although he should discard that interpretation; and read- ily admit, that it confers no power of itself upon the government; it is of infinite impor- tance in adjusting all power vested in the go- vernment and by the constitution. It deter- mines upon the department, in which the ul- timate power of the government is vested.— The first part of the clause relates to powers previously, and specifically given to Congress; The words are "to make all laws necessary
and proper for carrying into execution the foregoing powers." This although extremely proper, is the least important part of this clause; because all necessary and proper means for carrying into execution all the pow- ers specifically vested in Congress, might have been inferred; it was however, perhaps, better to express it, and leave nothing to infe- rence; but the remaining part of the clause is the real operative part of it. The words are "and all other powers vested by this constitu- tion in the government of the United States or any department or office thereof." The wisdom and foresight of the framers of our constitution, is particularly discernable in this article. They clearly foresaw, that many dif- ficulties might arise in the execution of many of the powers vested in the government of the United States or in some of the departments thereof, which at that time, could not be con- ceived or imagined; for the purpose there- fore of meeting these difficulties, and insur- ing the due execution, and administration of the government, this clause was introduced; declaring in effect, that whenever such diffi- culties should occur, in relation to any powers vested in the government, &c. Congress should have power to pass all laws necessary and proper for relieving them from such dif- ficulties, and carrying such vested powers into due execution. This clause in his opinion therefore must be considered as also settling all questions amongst the departments, re- specing the ultimate deposit of power.
But a formidable difficulty is here interpos- ed. The danger of legislating on this sub- ject. It is said, if Congress should under- take to declare what acts amount to treason "of levying war, and adhering to the ene- mies," &c. they may declare acts treasonable not embraced by these definitions and limita- tions; and supposing they should do so, where is the remedy? In the first place it may be observed, that there is no such supposition warranted by the constitution. The supposi- tion itself, is therefore unconstitutional. The constitution has furnished certain guards against its violation in this respect, as well as in all others. The representatives are chosen at certain periods; are themselves subject to the same rules of conduct prescribed to others; and take a solemn oath to support the consti- tution of the United States. It is believed that these guards are sufficient for the protec- tion of the constitution and that the danger of its violation is merely imaginary; but in the next place, this supposition might be answer- ed by another; suppose the judges were to declare certain acts treasonable, which are not embraced by those species of treason de- fined in the constitution; where is the reme- dy? The danger in this case appears to be greater, than in the other; and there is no re- medy at all; because the judges are irrespon- sible; except, to use their own language, to God and their own consciences. They are not responsible to the people, who alone pos- sess the ultimate censorial power; whereas their representatives are responsible directly to them at short periods, and the president and senate indirectly responsible to them at periods somewhat longer. But it can be de- monstrated, that the judiciary department under its present organization, is utterly in- competent to the due exercise of this power, as will be clearly seen from the following statement.
The supreme court of the United States has no criminal power whatever. That pow- er is confided to the circuit courts. There are eighteen circuit courts in the United States including the circuit court of Columbia, and excluding all the territorial courts. These courts are composed of 28 judges, and are held at 18 different places without any connection with each other; as far as the opinions of these judges have been ascertained it is believ- ed, that no two of them have concurred as to all the acts which amount to the treason of le- vying war; the only species that has yet been presented to them for adjudication; the other species "of adhering to the enemies of the U- S." not having yet occurred; the U. S. hav- ing enjoyed almost an intermitted state of peace, ever since the adoption of the constit- ution. If that species of treason should be- come frequent, a circumstance highly proba- ble, in case of a change in the state of the na- tion, to a state of war, a similar result may be expected. What prospect of settling princi- ples correctly can we have, if 18 different tri- bunals should settle the same question in 18 different ways? Yet his honorable friend from New-York seems disposed to wait with pat- ience, until some certainty can be established in the usual course of judicial decision, which even in the event of concurring opinions could not happen in a century; and unless there could be some new order of things in that re- spect, could never happen at all. Instead of certainty in the ascertainment of offences, con- fusion incalculable must be in consequence.
But let us see what the chief justice says upon this subject in his opinions delivered up-

Last Mail brought no Washington papers. Neither the Alexandria nor Baltimore papers make mention of the departure of Mr. Erskine or Mr. Rose for Philadelphia. Dispatches for France and England, have been forwarded by Messrs. Lewis and Nourse, who passed through Baltimore on their way to New-York, on Wednesday last. It is conjectured that the Embargo will last 4 or 5 months longer.
Private letters from London to the 7th Jan. say that an Embargo by the United States, was a measure expected in London. Flour had advanced to 45s. sterl. per bbl. Naval Stores had risen, Tar at 35s. sterl. per bbl. and Turpentine at 26s. per cwt. These articles were wanted mostly for private use. The government is said to have two years stock of Naval Stores on hand.
The Communication from A VIRGINIAN in our next.
DIED—On Monday night, in the sixty-seventh year of her age, MRS. ANNE CALVERT.
CONGRESS. HOUSE OF REPRESENTATIVES.
February 22.
The house proceeded to consider the motion made on Saturday by Mr. D. R. Williams, to recommit the bill in addition to the act supplementary to the act laying an embargo.
[FOREIGN INFLUENCE.]
Mr. Johnson rose to reply to the observations of Mr. Gardener on Saturday respecting the embargo. He declared himself a friend to freedom of debate, but said that the charges made against the house ought not to be excused. It had been said (he observed) that this house was guided by an invisible hand; that, like the council of five hundred, they waited for the word of command and obeyed it; that they were under foreign influence; that they were reviving the chains which were to bind us under the dominion of the French emperor; and that they were mere automata. Mr. J. considered such assertion as a base slander. He said this upon the most mature consideration, and should not retract it; and if the feelings of any gentleman were wounded by this declaration, he should not consider himself guarded by his privileges or by the canopy which covered him.
Mr. Rhea spoke also at length in reply to Mr. Gardener; but his observations could not be distinctly heard.
Mr. Newton spoke in justification of the embargo measure, declaring it the wisest measure which could have been adopted.
The speaker observed, that the subject before the house was a motion to recommit the bill.
Mr. G. W. Campbell said that if the charge made against the government, of being under foreign influence, was true, it ought to be proved and made publick, in order that a charge might take place in the publick councils; and if false, the author of it ought to be consigned to that disgrace and infamy which he deserved. The accuser or accused must be guilty; there was no medium in the case; and the nation ought to know the truth. He asserted that the charge was an INFAMOUS FALSEHOOD. Mr. C. dwelt at considerable length on the embargo measure, which he highly approved.
Mr. Bibb said although he had voted against the embargo, he disclaimed the charge of French influence.
Mr. Montgomery said that the house had adjourned on Saturday in order to give the gentleman from New-York time to substantiate his charge. His failing to do it was a proof of its falseness. Another method of proceeding had at first suggested itself to him; but when he considered the futility of the charge, and the source from which it proceeded, he thought the best course for the house to pursue, would be to treat it with scornful contempt.
The question was then taken on recommitting the bill to the committee of commerce and manufactures, and it was agreed to.
* This was, probably, a resolution to expel Mr. Gardener.
Foreign Intelligence, via New-York.
From the London Gazette Extraordinary—Dec. 22.
FOREIGN OFFICE, Dec. 19, 1807. A dispatch, of which the following is a copy, has been this day received from Lord Stratford, his majesty's minister plenipotentiary to the court of Lisbon, by the right hon. George Canning, his majesty's principal secretary of state for foreign affairs.
His Majesty's ship Hibernia, off the Tagus, Nov. 29, 1807.
SIR—I have the honour of announcing to you, that the prince regent of Portugal has effected the wise and magnanimous purpose of retiring from a kingdom which he could no longer retain, except as the vassal of France; and that his royal highness and family, accompanied by most of his ships of war, and by a multitude of his faithful subjects and adherents, have this day departed from Lisbon, and are now on their way to the Brazils, under the escort of a British fleet.
This grand and memorable event is not to be attributed only to the sudden alarm excited by the appearance of a French army within the frontiers of Portugal. It has been the genuine result of the system of preserving confidence and moderation adopted by his majesty towards that country; for the ultimate success of which I had in a manner rendered myself responsible; and which, in obedience to your instructions, I had uniformly continued to support, even under appearances of the most discouraging nature.
I had frequently and distinctly stated to the cabinet of Lisbon, that in agreeing not to resist the exclusion of British commerce from the ports of Portugal, his majesty had exhausted the means of forbearance; that in making that concession to the peculiar circumstances of the Prince Regent's situation, his majesty had done all that friendship and
It appeared there, that a design to dismember the United States by force, and to establish a separate government in the part thus separated, and also to seize upon, and include in such government some of the territories of Spain, had been deliberately formed by the most active, daring, intelligent and enterprising citizens of the United States. That partizans were engaged to effect this design, extending themselves from the city of New York in the direction of the lakes, and from thence to Orleans, and from Philadelphia, from this place, &c. to Pittsburg, and in that direction to Orleans; which appeared to be the first object of attack, and from whence further operations were to be determined on. That in pursuance of this design, a number of men with arms had convened at the mouth of the Cumberland, with the chief projectors of this enterprize at their head; and entered into a formal capitulation for surrendering themselves to the authority and laws of the United States, after having cautioned the officer of the United States against compelling them to shed blood in a civil contest by refusing their terms of surrender, and thus urging them to resistance. These transactions, according to the opinion of the court, unquestionably do not amount to treason against the United States, and the persons committing them ought not even to be committed for trial before the tribunal having cognizance thereof. But the assemblage is described by the judge as demeaning themselves in the peaceable and orderly manner; no act of violence was committed, nor any outrage on the laws practised. There was no act of disobedience to the civil authority, nor were there any military appearances, although the men were drawn up in something like a semicircle, &c. &c. the capitulation, and its accompanying circumstances to the contrary notwithstanding. This circumstance, however, was not thought worth mentioning by the judge in his recapitulation of the evidence.
These judicial results appeared strange to him and he believed they did to every impartial man in the United States. He did not mean to infer from these circumstances any thing more than that the highest judicial officers were not exempt from the frailties and feelings of human nature; nor did he mean to use them for the purpose of detracting one atom of independence from the judges—very far from it. He wished they were more independent than he feared they were. But he entertained a very different opinion of the honourable and dignified character of an independent judge; of a department in some respects dependant; and of a judge, who, forgetting the nature of his office, is perpetually aspiring not only to render his department absolutely independent, but to render it supreme over all the other departments of the government—in the one case he is placed in the elevated and dignified attitude of distributing justice impartially amongst his fellow-citizens; in the other, he is reduced to the miserable political intriguer, scrambling for power; for when once this appetite for power is indulged, the sacred mantle of the judicial character will be found but a feeble barrier against its influence. There was nothing in names—it was not material whether they were called judges, or consuls, or censors, once place power before their eyes, and they would all, with an equal impulse, pursue the means best calculated to attain it. This is human nature; and under such circumstances raise this sacred mantle of the judge, and you will find concealed beneath it strong marks of the frailties of human nature. Hence this argument derived from the sacredness of the judicial character had but little influence on his mind; and therefore could never be an inducement to him to yield to their claims of ultimate and unlimited powers—even the oaths taken by the judges have been suggested by them, as arguments in favour of their claims to the ultimate power of the government. Without seeming to recollect that their number is seven, and that the same oath is taken by above one hundred and seventy members in both houses of congress; and as a further protection of the constitution, congress is composed of two branches, placed as mutual checks on each other.
He said he would now detain the Senate only a few minutes longer, whilst he made a few observations on the only remaining clause in the constitution connected with this subject. It is the last clause of the 3d sec. of the 3d article of the constitution in these words.—“The congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.” It will here be observed that this clause relates solely to the legislative powers although it is classified with the powers of the judicial department. An inference has been drawn from this clause, as the power of declaring the punishment of treason, is expressly given to Congress, it excludes the inference that Congress may also declare what acts shall amount to treason. This however is a mere inference; and if that effect was intended by the framers of the constitution, they would certainly have expressed it—for it is not possible to conceive, if this idea once presented itself to them, they would have left a subject of so much delicacy and importance to mere inference. This clause was evidently introduced with very different views, and so far from its excluding a legislative declaration of the acts amounting to treason, it affords an argument in favour of that construction. This clause like the preceding one is intended both to confer power, and limit its exercise. It gives to Congress the power of declaring the punishment of treason, but limits its exercise to attainder of blood only during the life of the person convicted. But may not Congress consistently with this clause, apply different degrees of punishment, to different acts of treason? Are there not different degrees of moral turpitude in different degrees of treason? And how can Congress possibly graduate according to the degrees of moral turpitude, different punishments to different acts, without the power of defining the acts to which such punishments are to be applied? He acknowledged he could not see how it could be done, without such definition. The doctrine of apportioning punishments to crimes, according to the standard of moral turpitude has always been a favourite one in this country, and very probably, was not without its effect in introducing this clause into the constitution. He said he had done enough however for his argument, if he had shown that the inference generally deduced from this clause was not warranted by it. He had now presented to the Senate the leading motives with him for introducing the principle of the bill—and if he had occupied more of their time, than was agreeable, he hoped the delicacy, difficulty, and importance of the subject would furnish his apology.
It is suggested to have been before him, because this celebrated treatise of judge Tucker upon the doctrine of treason, was referred to in the same decision, and almost the whole of the chief justice's reasoning upon accessory treasons was drawn from it.
“What is the natural import of the words ‘levying war’? And who may be said to levy it?” Had their first application to treason been made by our constitution, they would certainly have admitted of some latitude of construction. Taken most literally, they are perhaps of the same import with the words raising or creating war, but as those who join after the commencement are equally the objects of punishments, there would probably be a general admission, that the term also comprehending making war, or carrying on war.”
“But the term is not for the first time applied to treason by the constitution of the United States—it is a technical term. It is used in a very old statute of that country, whose language is our language, and whose laws form the substratum of our laws. It is scarcely conceivable that the term was not employed by the framers of our constitution in the sense which had been affixed to it by those from whom we borrowed it. So far as the meaning of any terms, particularly terms of art, is completely ascertained, those by whom they are employed must be considered as employing them in that ascertained meaning, unless the contrary be proved by the context. It is therefore reasonable to suppose, unless it be incompatible with other expressions of the constitution, that the term ‘levying war’ is used in that instrument in the same sense in which it was understood in England and in this country, to have been used in the statute of the 25th of Edward 3rd, from which it was borrowed.”
“It is said that this meaning is to be collected only from adjudged cases. But this position cannot be conceded to the extent in which it is laid down. The superior authority of adjudged cases will never be controverted. But those celebrated elementary writers, who have stated the principles of the law, whose statements have received the common approbation of legal men, are not to be disregarded. Principles laid down by such writers as Cooke, Hale, Foster, and Blackstone, are not lightly to be rejected.”
It cannot escape observation that the chief justice here expressly lays it down, that the laws of England in relation to these species of treason, from which figurative expression, is evidently inferred an undeniable declaration on the part of the judge, that the laws of England, in these respects, are the foundation (substratum) of our laws; or in other words the fundamental immutable laws of the United States, and of course in their essential operation, a part of the constitution of the United States. But the chief justice goes further, and declares that the decisions of the English judges form a part of these fundamental laws, and even the principles in relation thereto laid down by their celebrated writers, are not to be disregarded.
It is hardly to be presumed, that before this declaration, it had ever entered into the imagination of any man, that our constitution was composed of such materials. If it be the case however, it is devolution to be wished that these laws, decisions, and principles of elementary writers should be collated, printed and annexed to our constitution as legitimate parts thereof; and if congress are to be excluded from all participation in the exercise of this authority, the supreme court could not render a greater service to their country, than to make the collation with all convenient dispatch, for the information of congress; and still more, for the people at large. But, Sir, are there no objections to these substrata of our laws? On no one subject of jurisprudence in G. B. have there been such monstrous perversions of justice, and such passionate, and contradictory decisions, as on the doctrine of treason, and why? Because they have been almost always made in violent and troublesome times, and generally after bloody contests for the crown. If his interpretation of the constitution should be deemed incorrect, rather than hold some of his most important rights upon substrata like these; he had thought of preparing an amendment to the constitution to authorise congress to declare what acts should amount to treason against the U. S. But in reflecting upon that subject, he found the 8th sec. of 1st article of the constitution as good a provision for that purpose as could be drawn by way of amendment, and he begged gentlemen to reflect upon it, and see whether they could prepare a better, to wit: “Congress shall have power to pass all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States or in any department or officer thereof.”
But, Sir, let us now discard this doctrine of the chief justice, and take up the rule laid down by the court on the trial of Fries. That the British laws, doctrines, and elementary principles are not the substrata of our laws on the doctrine of treason; but merely entitled to certain respect in guiding the courts to correct decisions; I would then ask where is the doctrine of the treason written, if our laws of treason are not taken from these sources, where are they written? No where, unless on the minds of the judges. Sir, there are great objections to this sort of transcription: first, the transcript will be different on the mind of every different judge—2d, it may be different upon the mind of the same judge at different times and under different circumstances. The retina of the human mind is not fit parchment for the transcription of laws. It is too much like changeable silk. It may vary its complexion, especially when held up to political sunshine. He begged the senate to take a view of the judicial proceedings, which had taken place in the U. States in relation to this subject. Without pretending to go minutely into the examination of the evidence before the courts on the trials of Fries, and the late trials at Richmond, a general view of the different results of these trials had always appeared extraordinary to him. Fries and other ignorant Germans, from a very limited district of country, being hostile to an act of congress, assembled themselves, and with arms forcibly rescued some persons from the custody of the marshal of Pennsylvania; the prisoners not being charged with treason, and as soon as the rescue was effected, returned peaceably to their homes, and it is believed never after assembled in arms for any other purpose. This was considered by the court as unquestionable treason against the United States.
The transactions disclosed on the trials at Richmond, seemed to be of a very different character.
on the trials at Richmond, “It is true, that in that case after forming the opinion that no treason could be committed, because no treasonable assemblage had taken place, the court might have dispensed with proceeding further in the doctrines of treason. But it is to be remembered, that the judges might act separately, and perhaps at the same time, on the various prosecutions which might be instituted, and that no appeal lay from their decisions. Opposite judgments on the point would have presented a state of things infinitely to be deplored by all. It was not surprising then that they should have made some attempt to settle principles which would probably occur, and which were in some degree connected with the point before them.”
“This court is told that if this opinion be incorrect it ought not to be obeyed, because it was extra-judicial. For myself, I can say that I could not lightly be prevailed on to disobey it, were I even convinced that it was erroneous, but I would certainly use any means which the law placed in my power to carry the question again before the supreme court, for re-consideration, in a case in which it would directly occur and be fully argued.”
Here we see the chief justice pathetically deploring the consequences of opposite decisions upon the same point, and lamenting his inability to bring these cases before the supreme court. For what? He tells us to settle principles, or in other words to prescribe rules for the government of circuit courts—in which, consists the very essence of legislation. Hence the judicial legislation of the supreme court is to exclude congressional legislation, but he evidently admits the incompetency of the circuit courts to legislate upon this subject: and unfortunately for the legislation of the supreme court, it has no jurisdiction in criminal cases; and therefore, there is no legal mode of bringing the cases before them for the purpose of settling principles, or in other words for the purpose of legislation.
Hence will result all the confusion which the chief justice so properly and pathetically deplores. Yes, Sir, the uncertainty and confusion resulting from contradictory decisions of your courts upon the doctrine of treason against the United States, will be such, that no man can know when an act is innocent or guilty; and when his innocence or guilt will very much depend upon the court, before which he may happen to be brought for trial. Our situation will be, probably now is, like that described in England in the time of Henry the 4th, after a great many statutes had been passed, and contradictory adjudications had been made in relation to this same doctrine of treason. In the preamble to the statute of the 1st of Henry the 4th, the situation of the nation, in relation to treason, is thus described: “That no man knew what he ought to know, or to do, or to say, or to speak through doubt of such pains.” This, if not now, will inevitably be the case of this country, unless some legislative corrective of the present system be applied. There are also great objections to the forms of judicial legislation; they consist too much in inference, too little in dictum. They want the words “Be it enacted,” &c. The judges so blend their reasonings with their inferences, that it requires great legal skill to make the proper analysis. A plain man of the best understanding, could never do it. The enacting clauses are obscured by the preamble. It is like enacting our speeches interspersed with our laws.—Take for instance the judicial opinions lately delivered in the United States upon the various questions of treason, which have been brought before the courts, and ask yourself this question: Do you understand the doctrine of treason now, better than you did before the opinion were given? Is not the subject rendered more confused and uncertain? Can you tell whether accessory treasons in England are principal treasons in the United States? Judge Chase and others say they are. Judge Marshall says he does not know whether they are or not, but his reasoning would go to show that they are not. In the doctrine of treasons, this is an all-important question; and if the judges cannot agree, how can plain men settle the question? and why is it that the people should be kept in the dark upon this branch of our penal laws alone? It cannot be on account of the heinousness of the offence, its dangerous tendency towards society, nor its fatal effects to the individual committing it. All these reasons plead loudly in favor of telling the people plainly, what the acts are involving such consequences; that they may take care to avoid their commission.
He then proceeded to examine some further consequences of a different interpretation of the constitution; to which he begged the most serious attention of the senate. If the judges are to declare what acts amount to treason against the United States, without any legislative aid; one of two consequences will inevitably result. Either the statutes of England, in relation to these species of treason, the decisions of the English judges thereupon, and perhaps the opinions of some of their elementary writers, will become the law of the United States, and even immutable or fundamental law; or all acts amounting to treason must be transcribed only on the minds of the judges. Upon the first of these points, let us examine the decisions of the judges themselves.
He would first call the attention of the senate to a rule of court laid down in the trial of Fries, and found in the appendix to Tucker's Blackstone, pages 14, 15.
“Judge Chase on the subsequent trial of Fries, declared “That the court would admit, as a general rule, of quotations from the English books; not as authorities whereby they were bound, but as opinions and decisions of men of great legal learning and ability. But even then the court would attend carefully to the time of the decision, and in no case must it be binding on the juries; as this was pronounced as a general rule by the court, and not as the opinion of a single judge, we may consider it now settled, that the English authorities are not binding as precedents; consequently they do not form part of the law of the land, but are to be respected only as the opinions of men of great legal learning and ability, which may nevertheless be canvassed as freely as the opinions of other men.—Neither are we bound to suppose, that the framers of our constitution meant to adopt those decisions as a guide to our courts in the interpretation of the definition of treason against the United States.”
According to this decision, English authorities are to have no binding influence on the courts, but are to be respected as the opinions and decisions of great legal learning and ability.
Let us now turn to the decision of the chief justice at Richmond with this same rule court before

the remembrance of ancient alliance could justly require: but that a single step beyond the line of modified hostility, thus most reluctantly consented to, must necessarily lead to the extremity of actual war.
The prince regent, however, suffered himself for a moment to forget that, in the present state of Europe, no country could be permitted to be an enemy to England with impunity, and that however much his majesty might be disposed to make allowance for the deficiency of the means possessed by Portugal of resistance to the power of France, neither his own dignity, nor the interests of his people, would permit his majesty to accept that excuse for a compliance with the full extent of her unprincipled demands. On the 8th inst. his royal highness was induced to sign an order for the detention of the few British subjects, and of the inconsiderate portion of British property which yet remained at Lisbon. On the publication of this order, I caused the arms of England to be removed from the gates of my residence, demanded my passports, presented a final remonstrance against the recent conduct of the court of Lisbon, and proceeded to the squadron commanded by sir Sidney Smith, which arrived off the coast of Portugal some days after I had received my passports, and which I joined on the 17th inst.
I immediately suggested to Sir Sidney Smith the expediency of establishing the most rigorous blockade at the mouth of the Tagus; and I had the high satisfaction of afterwards finding, that I had thus anticipated the intentions of his majesty; your dispatches (which I received by the messenger Sylvester, on the 23d) directing me to authorise that measure, in case the Portuguese government should pass the bounds which his majesty had thought fit to set to his forbearance, and attempt to take any farther step injurious to the honour and interests of Great Britain.
Those dispatches were drawn up under the idea that I was still in resident at Lisbon, and though I did not receive them until I had actually taken my departure from that court, still upon a careful consideration of the tenour of your instructions, I thought that it would be right to act as if the case had not occurred. I resolved, therefore, to proceed forthwith to ascertain the effect produced by the blockade of Lisbon, and to propose to the Portuguese government, as the only condition upon which that blockade could cease, the alternative (stated by you) either of surrendering the fleet to his majesty, or of immediately employing it to remove the prince regent and his family to the Brazils. I took upon myself this responsibility in renewing negotiations after my public functions had actually ceased, convinced that, although it was the fixed determination of his majesty not to suffer the fleet of Portugal to fall into the possession of his enemies, still his majesty's first object continued to be the application of that fleet to the original purpose, of saving the royal family of Braganza from the tyranny of France.
I accordingly requested an audience of the prince regent, together with due assurances of protection and security; and upon receiving his royal highness's answer, I proceeded to Lisbon on the 27th, in his majesty's ship Confiance , bearing a flag of truce. I had immediately most interesting communications with the court at Lisbon, the particulars of which shall be fully detailed in a future dispatch. It suffices to mention in this place, that the prince regent wisely directed all his apprehensions to a French army, and all his hopes to an English fleet; that he received the most explicit assurances from me that his majesty would generously overlook those acts of unwilling and momentary hostility to which his royal highness's consent had been extorted; and that I promised to his royal highness, on the faith of my sovereign, that the British squadron before the Tagus should be employed to protect his retreat from Lisbon, and his voyage to the Brazils.
A decree was published yesterday, in which the prince regent announced his intention of retiring to the city of Rio de Janeiro until the conclusion of a general peace, and of appointing a regency to transact the administration of government at Lisbon, during his royal highness's absence from Europe.
This morning the Portuguese fleet left the Tagus. I had the honour to accompany the prince in his passage over the Bar. The fleet consisted of eight sail of the line, four large frigates, several armed brigs, sloops, and corvettes, and a number of Brazil ships, amounting, I believe, to about thirty-six sail in all. They passed through the British squadron, and his majesty's ships fired a salute of twenty-one guns, which was returned with an equal number. A more interesting spectacle than that afforded by the junction of the two fleets has been rarely beheld.
On quitting the Prince Regent's ship, I repaired on board the Hibernia , but returned immediately accompanied by Sir Sidney Smith, whom I presented to the Prince, and who was received by his Royal Highness with the most marked and gracious condescension.
I have the honour to enclose lists (See Rear Admiral Sir Sidney Smith's Dispatches) of the ships of war that were known to have left Lisbon this morning, and which were in sight a few hours ago. There remains at Lisbon four ships of the line, and the same number of frigates, but only one of each sort is serviceable.
I have thought it expedient to lose no time in communicating to his majesty's government the important intelligence contained in this dispatch. I have therefore to apologise for the hasty and imperfect manner in which it is written.
I have the honour to be, &c.
STRANGFORD.
Admiralty Office, December 31, 1807.
Dispatches, of which the following are extracts and copies, were received at this office on Saturday last, by capt. Yeo, of his majesty's ship the Confiance , from rear admiral sir William Sidney Smith, addressed to the hon. William Wellesley Pole.
His Majesty's ship Hibernia , 22 leagues west of the Tagus, Dec. 1.
SIR—In a former dispatch, dated 22d of Nov. with a postscript of the 26th, I conveyed to you, for the information of my lords commissioners of the admiralty, the proofs contained in various documents of the Portuguese government being so much influenced by the terror of the French arms, as to have acquiesced to certain demands of France operating against Great Britain. The distribution of the Portuguese force was made wholly on the coast,
while the land side was left totally unguarded. British subjects of all descriptions were detained; and it therefore became necessary to inform the Portuguese government, that the case had arisen which required, in obedience to my instructions, that I should declare the Tagus in a state of blockade; and lord Strangford agreeing with me that hostility should be met by hostility, the blockade was instituted, and the instructions we had received were acted upon to their full extent; still, however, bearing in recollection the first object adopted by his majesty's government, of opening a refuge for the head of the Portuguese government, menaced as it was by the powerful arm and baneful influence of the enemy, I thought it my duty to adopt the means open to us, of endeavouring to induce the prince regent of Portugal to reconsider his decisions "to unite himself with the Continent of Europe," and to recollect that he had possessions on that of America, affording an ample balance for any sacrifices he might make here, and from which he would be cut off by the nature of maritime warfare, the termination of which could not be dictated by the combination of the Continental Powers of Europe.
In this view, lord Strangford having received an acquiescence to the proposition which had been made by us for his lordship to land and confer with the prince regent under the guarantee of a flag of truce, I furnished his lordship with that conveyance and security, in order that he might give to the prince that confidence which his word of honour as the king's minister plenipotentiary, united with that of a British admiral, could not fail to inspire towards inducing his royal highness to throw himself and his fleet into the arms of Great Britain, in perfect reliance on the king's overlooking a forced act of apparent hostility against his flag and subjects, and establishing his royal highness's government in his Ultra Marine possessions, as originally promised—I have now the heartfelt satisfaction of announcing to you, that our hopes and expectations have been realised to the utmost extent. On the morning of the 29th, the Portuguese fleet (as per list annexed) came out of the Tagus, with his royal highness the prince of Brazil and the whole of the royal family of Braganza on board, together with many of his faithful counsellors and adherents, as well as many other persons attached to his present fortunes.
The fleet of eight sail of the line, four frigates, two brigs, and 1 schooner, with a crowd of large armed merchant ships, arranged itself under the protection of that of his majesty, while the firing of a reciprocal salute of twenty-one guns announced the friendly meeting of those who but the day before were on terms of hostility; the scene impressing every beholder (except the French army on the hills) with the most lively emotions of gratitude to providence, that there yet existed a power in the world able, as well as willing, to protect the oppressed.—I have the honour to be, &c.
W. SIDNEY SMITH.
List of the Portuguese fleet that came out of the Tagus on the 29th November, 1807.
Men of war— Principe Reale , 84 guns; Johanna de Portugal , 74; Conde Reneguerie , 74; Medusa , 74; Afonso d'Albuquerque , 74; D. Joao de Castro , 74; Principe de Brazil ; Martinho de Freitas , 64; Frigates , Minerva , 44; Gofinho , 36; Urania , 36; one other name not known— Brigs , Voador , 22; Lebre , 22; Vinganca , 20; Curinza , (schooner) 12.
(Signed) JOAO JOZE MONT. TORRES, Major-General. (Copy) W. SIDNEY SMITH.
His majesty's ship Hibernia , 22 leagues west of the Tagus, December 1, 1807.
SIR—In another dispatch of this day's date, I have transmitted a list of the Portuguese fleet that came out of the Tagus on the 29th ultimo, which I received that day from the hands of the admiral commanding it, when I went on board the Principe Reale to pay my visit of respect and congratulation to his royal highness the prince of Brazil, who was embarked in that ship. I here enclose a list of those left behind. The absence of but one of the four frigates is regretted by the Portuguese (the Vasco de Gama , she being under repair; her guns have been employed to arm the Freitas , sixty-four, a new ship, and one of those which came out with the prince. The other three are mere hulks; and there are also one ship on the stocks, the Principe Regente , but it is only in frame. The prince said ever, that the most cordial feelings of gratitude towards, and confidence in, his majesty and the British nation might be supposed to dictate.
I have by signal (for we have no other mode of communicating in this weather) directed captain Moore, in the Marlborough , with the London , Monarch , and Bedford , to stay by the body of the Portuguese fleet, and render it every assistance.
I keep in the Hibernia close to the Prince's ship. I cannot as yet send the Foudroyant , Pluton , and Conqueror , on to admiral Purvis, according to their lordship's order of the 14th, which I trust, will be the less felt as an inconvenience off Cadiz, as they appear to have been ordered thither with reference to the Russians being within the Straits, before it was known they were on my station.
I have the honour to be, &c. W. SIDNEY SMITH.
List of the Portuguese Ships that remained in Lisbon.
S. Sebastiao , of 61 guns, unserviceable without a thorough repair— Maria Prima , of 74 guns, unserviceable; ordered to be made into a floating battery, but not yet fitted— Vasco de Gama , of 74 guns, under repair, and nearly ready— Pincella da Beira , of 64 guns, condemned; ordered to be fitted as a floating battery— Frigates — Fenix , of 48 guns, in need of thorough repair— Amazona , of 44 guns, do.— Perola , of 44 guns, do.— Tristan , of 40 guns, past repair.— Veney , of 30 guns, do. (Copy) W. SIDNEY SMITH.
Hibernia , at sea, lat. 37, 47, long. 14, 17, December 6, 1807.
SIR—I have the satisfaction to acquaint you, for the information of my lords commissioners of the admiralty, that I succeeded in collecting the whole of the Portuguese fleet, except a brig after the gale, and that the weather was such as to allow the necessary repairs, and such distribution of super-numeraries and resources to be made, as to enable vice admiral Don Manuel d'A Cunha Sottomayor to report to me yesterday all the ships capable of performing the voyage to Rio Janeiro, except one line of battle ship, which he requested might be conducted to an English port. I meant to escort her part of the way, but she did not quit the fleet with me last night as settled. I hope, however, she may arrive safe, and who is not in a bad state, being substituted for the Martinho de Freitas , which was at first destined to go to England, in consequence of a fresh arrangement made yesterday on the latter being found in the best state for the voyage of the two. I have detached captain Moore, in the Marlborough , with the London , Monarch , and Bedford , to attend the Portuguese fleet to the Brazils.
I have thought it my duty, in addition to the usual order, to take the above ships under his orders, to give capt. Moore one to hoist a broad pendant after passing Madeira, in order to give him greater weight and consequence in the performance of the important and unusually delicate duties I have confided to him. I feel the most perfect reliance on that officer's judgment, ability, and zeal.
The Portuguese ships did not after their separation want more provisions or ships from us than the list enclosed, which I suppose, from this ship and the Conqueror .
This dispatch will be delivered by captain Yeo, of his majesty's ship Confiance , who has the honour to be in opening the communications by flag of truce, which it was the interest of those in power, who were against the measure of emigration, to obstruct. Lord Strangford speaks of his
conduct in terms of warm approbation; on this ground I beg leave to recommend him to their lordships, to whom his general merits as an officer are already well known. Having been in Lisbon without re-entrant during the intercourse, he is qualified to answer any questions their lordships may wish to put to him—I have the honour to be, &c.
W. SIDNEY SMITH.
January 2.
The Monitor of the 20th ult. was received by government with the flag of truce.
A reply has at length been given to the British orders in council, on the subject of neutral commerce, by an imperial decree of Buonaparte's, dated Milan, December 17; and we are happy to hail another instance in which this man's rancour outstrips his ability. This decree is intended to provoke hostilities between this country and the United States, but like the French army in Portugal, may be too late.
Saturday was fixed for the departure of Mr. Thornton for Sweden; of Mr. Milnes for Sicily; and of Mr. Hill for Sardinia.
FROM THE MONITEUR.
PARIS, December 26.
Circular letter, addressed by the minister of the interior to the chamber of commerce:
"You are not acquainted, gentlemen, with the late acts of the British government, that last stage of the oppression of the commerce of the world; you know that it has resolved to destroy the feeble remains of the independence of the seas. It now thinks proper, that henceforth no ship shall navigate the seas, without touching at its ports, without a tribute to its pretended sovereignty, and without receiving from it an ignominious license.
"Thus the ocean is henceforth only the field of slavery; the usurpation of the most sacred of the rights of nations is consummated, and this tyrannical yoke is to pass upon them until the day of vengeance, or until brought to a due sense of moderation, the English government will itself claim its rage and break that sceptre to which the nations of the continent will never consent to submit.
"I am calling our common attention to the important circumstances which most powerfully induce us to awaken your patriotism and your wisdom. One would have imagined, that every obstruction and restraint that clogged the course of the commerce on the continent, had been exhausted; still, however, they are going to be aggravated by the measures lately adopted by England; but they will find our minds made up to struggle against, and to overcome this new mode of oppression.
"We must not shut our eyes to the consequences. Importation and exportation, already so much restricted, will soon be much more so. Every thing connected with maritime commerce—every thing that depends upon it will now be liable to more difficulties, to more uncertainty. There are, however, two channels that still remain open.
"The power of attacking every ship that renounces the independence of its national flag, by a shameful submission to the British sovereignty, and by navigating under a British license, will open a wide field to the hopes of our commanders. Such a resource will not prove ineffectual; and French commerce will not devote itself uselessly to that sort of warfare which never lets courage, dexterity, and decision, go unrewarded.
"We have moreover to hope that neutral ships will elude the vigilance of the English cruisers; the immense extent of the coasts of the empire will favour and protect their enterprises.
"These resources ought not to be undervalued, nor counted for nothing. France will submit to a temporary situation, which can only change with time, and with new exertions; but her enemy shall not deprive her of the main basis of her prosperity, her internal communication, her relations with the continent, where she no longer sees any but friends or allies; her soil will not be less fertile, her industry will not maintain itself the less, tho' deprived of some materials which it is not impossible to replace.
"To this last proposition I am rather anxious, gentleman, to direct your attention. You have advice to give, and examples to hold out to commerce.—You must already foresee the effect of the privation of certain materials, more especially of cotton, and of ingredients for dying cotton, of which a quantity has been stored up in France: that which we shall derive from the Levant, and that which, at a more distant period, we shall reap from our indigenous culture, not unsuccessfully essayed, will suffice to support, in a great measure, our manufactures; but in the expectation that some of them may experience privation, we must have recourse, as far as possible, to hemp and flax, in order to provide occupation for those manufacturers who would no longer be employed with articles of cotton. It were desirable that we should circumscribe our consumption within the products of the materials the growth of our soil, and restrain the unhappy effects of habits and taste contracted for manufactures, that would render us dependent upon foreign countries.
"The materials for dying may become scarce; but many of them may be replaced by the productions of our soil. We will dispense with the rest by a slight sacrifice of some colours, which may please from their apparent greater beauty, without adding any thing to the intrinsic goodness of the article. Besides, no small reliance is to be placed on the genius of our manufactures; it will triumph over those difficulties.
"The channels, which, in spite of these usurpations, will remain open to importation, may not suffice for the consumption of sugar and coffee; these objects of a secondary utility may become scarce; but the great mass of the nation will not suffer from the temporary privation: habits of indulgence too widely indulged will be counteracted and restrained by the rise in price.
"And besides, is it to be supposed that the great nation will allow itself to be intimidated by the privation of some futile enjoyments? Her armies have endured, without a murmur, the most pinching wants; that great example will not have been held out in vain; and when we have in view to reconquer the independence of the seas; when we have in view to rescue and redeem commerce from the ruinous acts of piracy that are juridically exercised against it; when we have in view the vindication of the national honour, and the breaking down of those furca which England is attempting to erect upon our coasts; the people will support with the dignity and courage that belong to their great character, the momentary sacrifices that are imposed upon their taste, their habits and their industry. The commerce of Europe will soon, no doubt, be rescued from oppression. The interest of nations—the honour of sovereigns—the magnani-
mous resolutions of the most powerful of the allies of France—the power and wish of the hero who rules over us—the justice of a cause to which heaven will grant its protection—every motive concurs to decide the contest: nor can its issue remain uncertain. Accept, Gentlemen, the assurance of my sincere esteem. (Signed) "CHETET."
Gazette Marine Memoranda.
ARRIVED. Sch't William, Hatch, 15 days from St. Kitts, Rum, Warren Ashley.—Left there brigs George, Cranfield, of and bound for East Hadam, to sail in 6 days; Two Brothers, Hubbard, for Middletown, in 6 days; Freedom, Walker, for Kennebec, in 4 days.—Flour, 16 dollars per barrel; Corn, 3 dollars per bushel.
THEATRE.
On Tuesday Evening, the 8th instant, will be performed by the THESPIAN SOCIETY, the celebrated Trag-edy of GEORGE BARNWELL. To which will be added the admired Farce of Fortune's Frolicks.
Admittance One Dollar—Tickets to be had at Mr. Klein's Store; Ledger Office; and at the Theatre. Doors to be opened at half past 5, and the performance to commence at half past 6 o'Clock precisely. March 2.
On Friday the 4th instant, at my office at 11 o'Clock, 40 hogsheads Antigua SUGARS. Terms, approved Notes at 60 and 90 days. WM. B. LAMB. March 2.
On Saturday the 5th instant, at 12 o'Clock, will be Sold on the premises, That Three Story Fire-Proof Brick WAREHOUSE and LOT, No. 7, on Maxwell's wharf—Terms, one fourth to be paid in cash, the remainder in equal payments of 12 and 18 months. FRANCIS SMITH, V. M. March 2.
By virtue of a Deed in Trust, executed by Thomas Gibbons and Ann his wife, bearing date the 14th day of September, 1805, to John Patterson and Thomas Smith, to secure the payment of one thousand two hundred and two dollars and ninety four cents, with interest from the date of said deed, due Richard Billings, together with all legal costs and charges necessarily incurred by carrying the said deed into effect, WILL BE SOLD at Matthews Court-House, on the second Monday in March next, being Court Day, at Publick Auction, for ready money.
The Tract of LAND, conveyed to us in trust by the deed aforesaid, containing two hundred and twenty acres, more or less, situate, lying, and being in the county of Mathews aforesaid, on North River, whereon the said Thomas Gibbons lately resided, and was formerly the property of Doctor Frederick W. Hearn, deceased, and by him purchased of John Hayes. By the Trustees. Feb. 2.
6000 bushels Stoved SALT, 50 crates well assorted Earthenware—For Sale on board the ship Sally , by A. Machure. March 2.
The Subscriber offers for Sale, 78 puncheons well flavoured RUM, A few pipes Old Bor'eaux Brandy, and 22 hogsheads choice retailing Molasses. Pinchas Dana. March 2.
FOR BOSTON. The schooner SATURN , Capt. Collin, can take a few hundred barrels on freight if an application be soon made to the master at Marsden's wharf, or C. FRY.
Who offers for Sale at reduced prices. A quantity of Cheese; N. E. Rum, in hogsheads and barrels; Country Gin; Hollands do; and a few bundles good Hay. March 2.
THE COTTAGE.
A small Farm handsomely improved in the neighbourhood of Portsmouth, commanding a beautiful view of Norfolk harbour is Let or Rent—and the HOUSE lately occupied by Doctor Leigh, pleasantly situated near the Ferry Wharf, in Portsmouth. Apply to Mr. William Pritchard, or JAMES YOUNG. March 2.
AT PRIVATE SALE, BY S. MARKS, JUN.
60 hogsheads St. Kitt's RUM. March 2.
NOTICE.
All those who are indebted to the estate of WILLIAM THOMPSON, deceased, of Little England, are required to make immediate payment, and those who may have claims against said estate are desired to render them, legally attested to William H. Thompson. Feb. 29.
NOTICE.
All persons having claims against the estate of DANIEL COOK, deceased, of Nansemond County, are requested to bring them in on or before the first day of May next; those indebted to the estate, are requested to make immediate payment, wishing to settle the estate as soon as possible. Mary Cook, Admr'x.
N B Whereas Bartholomew Redmon, of Norfolk Borough, having a bond in his possession, which was given by Daniel Cook and Edward Frith, jointly, for the sum of 3000 dollars or thereabouts; Edward Frith being exonerated, and the said Redmon refusing to give me up the bond, although there is not one shilling due on account of it, I caution all persons from receiving the said bond in any way whatever, as this notice will be plead in bar against it. Western Branch, Nansemond County, February 17, 1808.
The sum mentioned in the above should be as follows:—two Bonds dated 11th day of July, 1804 the one payable the 11th day of January, and the other on the 11th day of July, 1805—each in the penal sum of two thousand dollars, conditioned for the payment of one thousand dollars each, both given jointly as above specified; which bonds or either of them, I again caution all persons from receiving in any way whatever, as this notice will be plead in bar against the payment thereof. Mary Cook. March 2.
NOTES OF HAND.
According to the new form established by the Directors of the Office of Discount and Deposit of the Bank of the United States, for subject this office.

Fresh Imperial TEA. Just received 17 boxes fresh Imperial TEA, of the present year's importation. Also on Hand,  25 tons assorted BAR IRON, 80 barrels and a few hogsheads Muscovado Sugar, 40 barrels and bags Green Coffee; 25 hds. old Antigua Rum, 20 hds. Molasses; 8 pipes French Brandy, 10 crates assorted Queen's Ware, 1 quarter casks of Sherry and Tenerife Wine, Whiskey in barrels; Loaf Sugar, New York prime Pork and Beef; 30 casks Cheese, A few barrels Mackerel; Soap; Candles; Demijohns, &c. For Sale by  Jennings & Roddey. February 26.
COCKE & SANFORD, Have received eighteen hogsheads and eighteen barrels  Loaf and Lump SUGAR, which they offer for Sale on very moderate terms. On hand of their last importation,  2 bales flaxen OZNABURGS, 2000 wt. Seine Twine; 1 bale assorted Blue Cloths, 1 bale superfine Navy Blue Cloth, 2 boxes well assorted Irish Linens, Irish and Dutch Sheetings and Dowlas, 2 Trunks Cotton Hosiery; 1 case Dimities, 2 do. assorted Nankereens and Grandells, 3 do. Calicoes; 2 do. Cotton Cambricks, 1 box French Cambricks and Handkerchiefs, 2 cases Mens' and 1 do. Childrens' fashionable Beaver Hats. Feb. 24. 2m
FRESH SHOES.  E. STURTEVANT, No. 77, Main-Street, Has now landing from the schooner Mary Ann, capt. Luce, 22 trunks, barrels, and casks of  Ladies', Gentlemens', and Childrens' SHOES. February 19.
NOTICE. The partnership of Ellis & Sprigg , of Hampton, is this day by mutual consent dissolved—all persons indebted to the said firm are requested most earnestly to come forward and pay their respective balances to Mr. C. Sprigg; and all those who have claims against said firm, to produce them to said C. Sprigg for settlement.  Samuel Ellis, Per his Attorney in fact,  Robert Gibson,  Corbin Sprigg. Hampton, February 17.
Ranaway from the Subscriber on the 19th instant, a Negro Girl by the name of MILLY, about 15 years of age; she is 5 feet 5 inches high, or thereabouts, spare made, yellow complexion; had on when she ran away a brown bath coating gown, a mock Madras handkerchief round her head, no shoes or stockings on. I purchased her of Mr. Thomas Reed in Cumberland-Street about 7 months past. She has been seen about Mrs. Mor's yard in Church-Street, and from that to Mr. Reed's. Any person that will bring her home or secure her in jail, shall be handsomely rewarded.  William P. Robinson, Queen-street, opposite the Work House. February 19.
Richard Jeffrey & Co. No. 66, Main-street, corner of Bank-Street, have just received from London, per the ship Planter,  An assortment of MEDICINES, of the first quality. Also, a few hundred weight refined Salt Petre, Hardham's Snuff, No 9, and 37, in 1-2 and 1-4 pound canisters, Violet, Benzoin, Windsor and Shaving Soap, Evan's best Crown Lances, Tooth Brushes of superior kind, Refined Liquorice, &c. They have on hand, and are in daily expectation of receiving from Amsterdam, all kinds of GLASS WARE, suitable to Apothecaries. MEDICINE CHESTS for ships and family use, with printed directions, put up as usual. October 5.
For SALE, 5 cases only of superior PIGEON-EYE CHAMPAIGN. Apply to the Editor of this Paper. Dec. 16.
New SHOES from New-York.  SAMUEL COLEMAN, Offers for Sale such as have been generally sold in retail at 9s. and 8s. 3d. for 7s. 6d.; those at 15s. for 13s. 6d. except of Morocco leather; Ladies' Morocco Slippers at 8s. 3d. for 7s. 6d. and in nearly the same ratio for every other kind of Shoes, where the former prices will bear reduction.  VERNON'S BOOTS, which are well known to command higher prices in Baltimore than Boots made by any other person there—reduced to 11 dollars for fair tops, and 9 dollars for Hessian Boots, such as he himself sells in retail for 12 and 10 dollars. BUTTER at 17 cents in nice order; a few tons of Iron; a few hundred bushels of ground Alum Salt; India Cottons; Brown Sugar, &c. &c. as low as they can be sold for a profit, for Cash. Feb. 17.
BOOTS.  Elegant Hussar & Backstrap BOOTS Just received and for Sale by  Wood & Hastings, Opposite Market Square. Feb. 8.
6000 bushels St. Ubes SALT—afloat. IN STORE, 35 puncheons 3d and 4th proof Antigua Rum, 100 hogsheads Sugar, principally Antigua, 40,000 wt. Green Coffee; 850 Demijohns, 7,500 bushels coarse Salt; 100 barrels Rye Whiskey, 30 tierces London Brown Stout, 20 hogsheads Philadelphia Ale and Porter, 150 barrels superfine and fine Flour; 40 kegs fresh Raisins, 10 pipes London particular Madeira Wine, fit for use, 600 ready made Check Shirts; 20 hds. Petersburg Tobacco, 30 barrels Pork; 100 barrels Sugar; a few cases Hermitage For Sale on liberal terms by  C. & F. Whittle. February 6.
NOTICE. The Copartnership of RICHARD BOWDEN, & Co. having expired, Richard Drummond is authorised to receive and pay the debts of said concern.  Moses Myers,  Richard Bowden,  Richard Drummond. February 2.
Cognac Brandy, Hollands Gin, Country do. in pipes, Rice in tierces and half tierces—For Sale by  C. & F. Whittle. February 24.
FOR SALE, Just received by Doagles's Packet from Baltimore, 150 bags of good Green COFFEE.  Wilson, Cunningham, & Co. February 6.
WOOD & HASTINGS, No. 76, Main-Street, Have just received an additional supply of  Staple and Fancy GOODS, Among which are Black Silk Velvet; Tabby, do.; Black Silk Florentine; Silk Handkerchiefs; do. Fancy Shawls; Convex Navy Buttons; fashionable Coat do.; a variety of French Goods; 2 trunks Cambricks Muslins; 2 cases Linens; 2 bales Cotton Checks; 1 do. Gilla Handkerchiefs; 5 do. India Cottons, assorted, some very fine for Shirtings; a variety of Woollens. They have also on hand a general and extensive assortment of  WOOLLEN GOODS. Every description of fancy Muslins and Dresses; Velvets; Constitution and President's Cords; Dimities; Carpets; Hosiery, &c. &c. On consignment, just received,  Hussar and Backstrap BOOTS; Ladies' Kit and Morocco Shoes; Mens' coarse do.; coarse and fine Hats. The above GOODS will be sold at very reduced prices for Cash, or undoubted credit, by wholesale and retail. December 11.
Now landing from on board the schooner Mohawk, Roger Quarles, master, from Leghorn,  120 hogsheads Bordolease CLARET, 96 casks Roll Brimstone, 100 boxes Castle Marbled Soap, 50 tin boxes Saffron, 5 cases Florence Silks of all colours, a great many black, 2 hds. shelled Almonds, 100 half chests Lucea Oil, of 30 flasks, 100 boxes Lucea Oil, 12 bottles each, 3 cases Chip Hats. For Sale by  William Pennock. October 12.
For SALE, 2 elegant Bay Horses, a complete match, 2 do. grey do. 1 remarkable fine bay, and one very excellent grey Horse—For which, Notes of the Bank of Newbern and Cape-Fear, or Proc. Money will be taken in payment—Apply at the Office of the Publick Ledger. Sept. 25.
THE SUBSCRIBER Has removed to the brick store at the head of Campbell's wharf, fronting said wharf and Wide Water-street, where he offers at wholesale or retail his assortment of  Groceries and Ship Chandlery, Among which are  14 hogsheads Muscovado SUGAR, 1 do. and 6 barrels loaf do. 6 do. Antigua, Jamaica, and Grenada Rum, 3 pipes French Brandy, 2 hds. and 6 bbls. Rye Whiskey, 4 barrels Apple Brandy, 1 do. Peach do. 10 bags Coffee, Imperial, Hyson, Young Hyson, and Souchong Teas, Pepper, Pimento, and Nutmegs, Madeira, Sherry, and Port Wines, London and Philadelphia Porter, English Cheese, Bar Iron and Castings, Nail and Spike Rods, German Steel, Powder and Shot, Tar, Pitch & Turpentine, Paints and Oil, black and bright Varnish, Canvas and Cordage, Nails and Spikes. Also just received,  20 boxes Lemons, 12 half bbls. Beef Tongues, 20 kegs Tongues and Sounds, 40 kegs and 2 bbls. Salmon, 5 bbls. Mackerel, 15 cases Sallad Oil, 1 cask Currants, 10 boxes Olives, Capers and Anchovies, 6 dozen bottles Cayenne Pepper, 3 do. do. Pickled Peppers, 30 boxes Soap, 20 boxes Candles, 50 barrels Alexandria superfine and fine Flour.  John D. Haldane. July 31.
For SALE, 73 punch. choice Antigua RUM, 30 do. Grenada do. 600 bushels CORN, 80,000 drawn White and Red Oak STAVES, 60 barrels Pork. November 4.
For SALE, Imported in the Galliot Fortune, captain Norton, from Teneriffe,  100 pipes and 90 hds. L. P. Teneriffe WINE, of superior quality. Apply to  Phinehas Dana. September 28.
Coarse Liverpool SALT, For Sale on board the Ship Courtney, capt. Bryant, lying at my wharf. Apply to  William Pennock. Who has on hand,  Liverpool Blown and Cadiz SALT. September 16.
NOTICE. I am again compelled to solicit all those indebted to the estate of PHILIP COLLINS, deceased, to make immediate payment, as no longer indulgence can be given.  Jane Collins, Admr'x. December 9.
WANTED for the Ship Sheffield, A CARPENTER; also, two young LADS, from 14 to 15 years of age, as apprentices, not to go in the cabin or to cook. Apply to  Josiah Cowper. December 9.
For SALE, 4000 bushels Ground Allum SALT, And a few well assorted crates of EARTHENWARE.  George Murray, & Co. December 7.
Leather, Cordage, and Loaf Sugar. The subscriber will hereafter expose for Sale at his 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.
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. 18.
All persons to whom the Subscriber is indebted, are requested to make known the amount of their claims immediately.  Wm. Hartshorne, Jun. January 13.
One Hundred Dollars Reward. RAN-AWAY from the Subscriber on the 26th December last, a Mulatto Man named TONEY, a Blacksmith by trade; he is about 24 years of age, 5 feet 10 inches high—had on when he went away a dark cloth suit coat and pantaloons—his right foot has been broken, which causes him to limp, and is much larger than the other—He travelled in the stage from Edenton to Suffolk, the 28th ult. I have understood he went by the name of Benjamin James while in Suffolk—I expect he will endeavour to pass as a free man. The above reward will be given to any person who will secure him in any jail so that I get him again, and all reasonable charges paid if delivered to me in Plymouth, North-Carolina.  JOHN WALKER. January 8.
For SALE, 45,000 wt. good COFFEE in bags, 94 puncheons old St. Kitts RUM.  MOSES MYERS. January 8.
NOTICE. The Subscribers have removed to the Ware-House, No. 6, on Newton's wharf, formerly occupied by Messrs. John D. Haldane, & Co.  JENNINGS & RODDEY. January 8.
MACKINDER & WHITE, Have received from London in the ship Planter, and Nabby, from Liverpool, their  Fall and Winter GOODS. The best superfine Black, Navy Blue, and fashionable mixed Cloths, Cashmere, Patent Cords, Swansdown, black silk Florentine, Gentlemen's patent silk and beaver Hats; Ladies' Trafalgar, Calabria, Buenos Ayres, and Cottage beaver Bonnets; Childrens' beaver Caps and Bonnets; Ladies' plain and fancy Kid and Morocco Shoes; red and black Morocco Nelson's comforts; Gentlemen's Hessian and Spanish Boots, and dress Shoes and Pumps; superior rich gold Epaulettes; lace and silver Fringe; plain, tamboured, and Lenox Muslin for dresses; Calicoes, Chambrays, and Ginghams; rose and striped Blankets; Kendal Cottons; strong white Plains; mixed Fearnoughts; Flannels; Manchester Cords; blue and drab Plains; Dimities and Marseilles; 4-4 Irish Linens; 5-4 and 6-4 Sheetings; Hosiery; Cutlery in boxes assorted; coarse Hats do.; Nails, Window Glass, &c. The above are offered for sale by wholesale or retail, at the lowest terms for Cash or approved paper.
REMOVAL. The Subscriber has removed to the large Fire-Proof Ware-House at the head of Maxwell's wharf, in Wide Water Street, where he offers for SALE,  7 pipes Country GIN, 20 barrels Whiskey, 30 do N E Rum, 15 hds. do. do. 30 do. Mackerel, 30 do Shad, 150 kegs Salmon, 150 kegs Tongues and Sounds, 50 boxes Soap, 60 boxes Mould Candles, 50 do. Spermaceti do. 25 do. Chocolate, 28 do. assorted Cotton Cords, 4 chests Hyson Tea, 150 reams Writing Paper, 1 case Diapers, 150 sacks Liverpool Salt, 7 tons assorted Swedish Iron, 50 bundles Nail Rods, A quantity of coarse Woollen Goods—low for Cash.  Edward Clark. Who transacts business on Commission, as usual. Jan. 1.
For SALE, 17 hds. first quality SUGARS, 54 barrels prime Pork, city inspection, 70 boxes Mould Candles; 5 hds. double refined Sugar, 5 pipes Brandy; 25 reams Writing Paper, 2 trunks fine and coarse French Lace, which will be sold at a low rate for Cash. Apply at No. 1, Commerce-street to  William Hull, Jun. October 16.
Just got to Hand. 22 chests Hyson TEA, will be sold low for cash.  George Wilson. Nov. 18.
For SALE, by the Subscriber, 34 hogsheads WHISKEY, 50 crates Earthenware; 10 casks Glass do. 65 boxes 8 by 10, 37 do by 12 Window Glass, 16 gross Wine Bottles; 18 boxes Castle Soap, 1 hogshead and 5 barrels Philadelphia Loaf Sugar, 10 hds. Petersburg, 2 do. Richmond, and 4 do. York River Tobacco; 15 bales Cotton, 38 whole and 9 half tierces Rice.  A. Maclure. November 13.
St. Ubes SALT. The CARGO of the Barque Bremen, consisting of about 6000 bushels excellent St. Ubes Salt, will be sold for cash or good paper. Apply to  Donaldson, Thorburn, & Co. February 2.
One Hundred Dollars Reward. RAN-AWAY last October from the Subscribers, living in Monroe County, two Mulatto Men, ISAAC CONNER and WILLIAM CONNER, (brothers) both very bright mulattoes. Isaac is about 5 feet 7 or 8 inches high, stout and well made, is marked on the under lip with a small reddish spot, and a scar on his forehead occasioned by the stroke of a whip; on one of his feet there is also a scar made by an axe; he is 20 years of age. Bill is 20 years of age, about 5 feet 10 inches high, also stout and active, and wore his hair in a cue 6 or 8 inches in length. It is supposed they will attempt to get to Norfolk, as they have some acquaintances there, and were heard of in the neighbourhood of Williamsburg in company with some free mulattoes, who lives on Queen's Creek. Whoever confines them in jail so that we get them again, shall be entitled to the above reward.  John Handley,  Martin Franklin. N. B. Being very fair, they will no doubt attempt to pass for free men. Feb. 10.
For SALE, 75 tierces prime green Jam. Coffee, And a few puncheons 5 and 6 years old Antigua Rum; Loaf and Brown Sugar in hogsheads and barrels; a few sets Table China; fine and superfine Flour, &c.  Harrison Allmand. January 4.
At Private Sale,  By S. MARKS, Jun. Corner of Commerce and Water-street,  10 hds. Antigua, 12 do. N. E. 50 barrels do. RUM, 30 hds and 20 barrels Sugar; 10 pipes Country Gin, 8 pipes Cognac Brandy; 150 boxes Mould Candles, 0 boxes Spermaceti Candles; 4 bales striped Blankets, 3 bales Blue Duffles; 1 do. fine Cloths; 2 do. blue Plains, 2 do. Rugs; 1 do. Cheek Shirts, 54 do. Ticklenburgs and Oznaburgs; 2 do. Heffians, 1 trunk Madras Handkerchiefs. October 24.
For RENT,  The DWELLING-HOUSE on Granby-street, belonging to captain Vickery, next door to Robert Boush, Esq.—possession will be given on the first day of January next. For terms apply to  Alexander Wilson. December 18.
First quality Jamaica COFFEE. Just received and for Sale, 77 tierces and 24 barrels prime Green COFFEE.  James & Thomas Tucker. December 28.
Thomas H. Parker, Offers for Sale,  His Great-Bridge MILL, newly fitted up to run two pair of stones. The advantages of this mill are very great, only ten miles from Norfolk, and situated on a never failing stream; although she works at present only two pair of stones, yet the stream affords an abundant supply for ten pair—Also, a MILL (known by the name of Bell's Mills) about two miles farther, now in complete order, running one pair of stones and two faws—This Mill is supplied with water from very extensive swamps, and in wet season very plentifully; at this place there is a fine, the situation of which, for a lumber mill, is equal if not superior to any in that part of the country—This Mill can be mile distant from it, which the subscriber also offers for sale. This tract contains between 5 and 600 acres, almost entirely covered with timber; the soil, the subscriber confidently believes, is not inferior to any in the lower part of Virginia.—Any person purchasing this Plantation would have the benefit of a reed swamp within three miles of it, in which any number of cattle may be kept fat during the whole winter. October 5.
Received per schooner Traveller, from Boston, and for Sale,  By EDWARD CLARK, 10 tons small, flat, and square Bar Iron, 100 bunches assorted Nail Rods. Nov. 18.
200 boxes Mould CANDLES, 30 half boxes brown Soap, 10 boxes white do. 60 bags Coffee, 5 tierces do. prime green, 4 hogsheads and 10 barrels loaf Sugar, 12 do. Muscovado do. 10 quarter casks old Sherry Wine, 2 hds. old L. P. Madeira do. 3 hds. Red Port, 50 do. retaining Molasses, 15 crates well assorted Queen's Ware, Country Rum and Gin in hds. and pipes—For Sale by  Phinehas Dana. June 8.
For RENT,  A commodious small DWELLING, with all suitable out-houses and a good garden, pleasantly situated on Smith's Point. Possession may be had on the first of November.  P. Barraud. October 5.
For RENT,  The Store, Compting-Room & Cellar, at present occupied by Mess. Wood & Hastings, no. 90, Main-street. Apply to  Thomas Willock. August 24.
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 1/2 2 1/2 lb. 6d. Nails, 9 1-2d 4d. do 2s. 9d m. or 11d 3d. do 2s. 3d. or 12d Sheathing, 7 1-2d 6d. 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.
For RENT, (And immediate possession given,) The Brick-House, Store, and Cellars, at the corner of Gilbert's Lane, on Main-street, near the market, an excellent stand for a Dry Good or Grocery Store. Apply to  Niemeyer & Von Kapff. December 28.
Phoenix Fire Office. The Subscriber, Agent to the PHOENIX ASSURANCE COMPANY, of London, for the State of Virginia, begs leave to inform the publick, that he is now fully empowered to subscribe Policies of Insurance for property against Fire throughout the United States of America, in conformity to the Proposals herewith submitted. N. B. FORTY THOUSAND DOLLARS can be insured in one risk on Buildings and their contents, and also on Ships and their Cargoes on board, in the First Class, but in all cases where Ten Thousand Dollars are exceeded, a special agreement must be made with the Agent, and an increase of premium added to those mentioned in the proposals, of not less than one eighth per cent. on the whole sum insured.  Richard Taylor. September 8.
Just received for Sale, 25 qr. casks Gordon's old sherry Wine, 20 boxes H. son Tea, 30 do. superior quality Young Hyson, 12 pipes Holland Gin, 20 do. Country do.  Mackinder & White.
NORFOLK: PUBLISHED THREE TIMES A-WEEK,  BY WILLIAM DAVIS, FOR THE PROPRIETOR, Opposite the Exchange Coffee House. Price Six Dollars yearly, in advance.