Norfolk gazette and publick ledger (Norfolk [Va.]), 1805-11-20 00:00:00

THIS PAPER IS PUBLISHED THREE TIMES A WEEK; PRICE TO SUBSCRIBERS FIVE DOLLARS AND FIFTY CENTS PER ANNUM...
Jamaica and Nevis RUM.
Now landing from on board the Schooner Hope, capt. Sprague, from Jamaica, and Sloop Patty, capt. Boyer, from Nevis, 170 Hhds. Jamaica, 45 Hhds. Nevis, } RUM.
William Pennock. WHO OFFERS The Sloop PATTY for Charter, she carries 400 barrels flour, and will be ready to receive a cargo in two days. November 18. 289
For Liverpool, The good fast sailing Ship FREDONIA, Nathaniel Richardson, Master, burthen 250 hogheads.—For freight or passage, apply on board at Newton's wharf, or to Moses Myers. Who offers for Sale on board the Schooner Margaret Tingey, 1800 Bushels Liverpool SALT. November 15. 277
FOR LONDON, The new fast sailing SHIP CALEDONIAN John Dickson, Master, burthen 356 tons.—For freight or passage, having good accommodations, apply to the master on board, or to William Dickson. Nov. 15. 278
For Sale, Freight, or Charter, THE GOOD BRIG TWO BROTHERS, Peter S. Hartshorne, master, burthen 200 tons.—Apply to William Hartshorne, Jun. Nov. 15. 282
For Freight or Charter, To any Port in Great-Britain or Ireland, Liverpool or Cork, would be preferred, The British Brig PEGGY, Capt. Philip Langhorne, burthen about 150 hogheads tobacco. For terms apply to Henry Brunet. If not applied for immediately, she will take Freight for Jersey or Guernsey. November 11. 264
FOR SALE, 15 Tierces } Jamaica COFFEE, 42 Barrels } 350 Bags } 100 Pipes London particular and cargo Teneriffe WINE, In Pipes, Hogheads, and Quarter Casks—and MADEIRA WINE fit for present use. ROBERT DICKSON. WANTED, A VESSEL, About 150 tons, to load with lumber. November 5. 255
For London, The good ship DUMFRIES, Richard Beard, Master, To sail positively by the 20th inst. can take eighty hogheads tobacco on freight, or other goods to that amount, if offered soon, and has elegant accommodations for passengers.—Apply to Captain Beard, or Donaldson, Thorburn, & Co. WHO HAVE IN STORE, 3600 Bushels large Allum SALT, 50 Casks Hibbert's PORTER, &c. November 4. 251
For Bordeaux, (To sail by the 15th inst.) The Brig CATHARINE, Capt. JOHN CHILTON.—For passage only, apply to the Master on board, or THOMAS WILLOCK. November 1. 249
For Liverpool, THE AMERICAN SHIP ELIZA, Burthen 420 hogheads, now in complete order to receive a cargo, a part of which is already engaged, for the balance apply to the owners. C. & F. WHITTLE. A parcel of Prime PORK for Sale, November 1. 248
FOR LONDON, The Ship SUFFOLK, John Bryant, Master, Having two thirds of her cargo engaged, will sail in all this month. For freight of the balance, or passage, having good accommodations, apply to the captain on board, William Mackenzie, & Co. of Richmond, or John Mackenzie, & Co. November 1. 248
FOR A PORT IN FRANCE, The American Brig VIRGINIA, Captain S. HILL, Burthen about 200 hogheads—having a part of her cargo engaged, the balance will be taken upon a moderate freight, if immediate application is made to John Newell, jun. WHO HAS FOR SALE, BURR STONES AND PLASTER PARIS, received per said Brig from Cherbourg. October 28. 283
FOR FREIGHT OR CHARTER, (To a Port in France,) The fine new Ship, SUSAN, Captain LORING:— Burthen 350 hogheads tobacco. Will be ready for the reception of a cargo in ten days. For terms, apply to Captain Loring, or Donaldson, Thorburn & Co.
WHO HAVE THE CARGO OF SAID SHIP FOR SALE, CONSISTING OF ABOUT 5,500 Bushels LISBON SALT. And some choice Old WINE, in quarter casks. September 6. 198
FROM THE RICHMOND ENQUIRER.
We owe no apology to our readers for postponing our original matter, to make way for the following report of a most interesting decision given last Thursday in the Court of Appeals. To the politeness of Mr. Call, we are indebted for the use of the notes, which he took on that occasion. No doubt an ampler statement will appear in his valuable report of cases; but the following must suffice for the columns of our paper.
COURT OF APPEALS.
(Present Judges—Lyons, Fleming, Carrington, Roane.—Judge Tucker did not sit on the case, being the proprietor of a lot in Winchester.)
JAMES M. MARSHALL, Appellant.
vs.
DANIEL CONRAD, Appellee.
This was a suit for the back-rent and rent of a lot of ground in the town of Winchester. It was tried in the District Court at Winchester, which gave judgment for the defendant: And the plaintiff appealed to this court. The principal facts are:
That Thomas Lord Fairfax had all the land granted to him by the king of England, within the bounds of the Northern Neck: that at his own expense he kept an office within that territory, for granting unappropriated land on certain terms; the principal of which were, the payment of a composition of 15s 4d per 100 acres, and the reservation of one shilling for every 50 acres: that this office was kept open from 1748 to the time of his death in December, 1781; during which the rents reserved by him were paid to him as they accrued: That it was likewise the custom of the government of Virginia to grant lands without the Northern Neck, on the same principal conditions: that the said one shilling was throughout that part of Virginia denominated a quit-rent, until it was abolished in 1777, by act of assembly, and in the same manner, the said shilling was so denominated in the Northern Neck: That the old town of Winchester in the Northern Neck was surveyed and laid off for a town in 1752 by act of assembly, and that L. F. received 10l. sterling per lot, besides a reservation of a rent of 5s. sterling, which rent was sometimes called a ground-rent, and sometimes a quit-rent by the collectors of L. F. and generally a quit-rent by the inhabitants of the town: That L. F. being seized of the N. N. divided all his interest in its lands to the Reverend Denny Martin, on condition of his taking the name and arms of Fairfax, which condition being complied with, he has become lawfully seized of the estate devised. That the said Denny Martin Fairfax is a British subject, and was born prior to the year 1776: that the interest of Denny Fairfax in all the lots and rents in the town of Winchester, has been conveyed to the plaintiff by a deed which conveys all the tracts of land belonging to the proprietor of the Northern Neck, with all the interest of the said Denny Fairfax whatever, saving and excepting the manour of Leeds, &c. and all the quit-rents reserved on grants of land in the N. Neck: that the lot mentioned in the declaration was granted by L. F. to James Lemon, under whom the defendant claims: that a compromise was entered into between the commonwealth of V. and the purchasers of the estate of D. M. Fairfax, in the following words, &c. "that the rents reserved on the present lot have been unpaid for 16 years, and in '98 the plaintiff demanded them, and that there was no distress to be found, whereupon the plaintiff entered for the forfeiture incurred for non-payment of the rent."
(Call, council for the appellant, Hay and Stuart for the appellee.)
OPINION OF THE COURT.
ROANE: Judge. The principal object of this suit is to try the title of the appellant to a rent of 5s. per annum, alleged to be due on a lot in the town of Winchester, and claimed by him as grantee under Lord Fairfax. The said Fairfax having in his deed expressly reserved all quit-rents, the appellant has no right to recover, if the court be of opinion that the rent in question is a quit-rent. Being clearly of opinion that it is a quit-rent, he should confine himself principally to that point.
It is agreed in this case, that the rent of 2s. per hundred acres reserved on lands granted in the Northern Neck, and on those granted in the other parts of Virginia before the revolution, was in these places respectively, called a quit-rent: but Mr. Call, counsel for the appellant, has made a complete felo de se by appealing to the English idea of a quit-rent. He contends and refers to 2 Bl. Com. 42. for authority, that it is essential to a quit-rent that the land should be held under a manour , and also that on payment of the rent, the tenant should go quit of all further services. If this be the true standard, then the said 2s. rent is not a legal quit-rent, and there never has been any in this country: for 1st: the grant for land by Lord Fairfax makes no mention whatever of a manour , and 2dly: the grant by the governor of V. annexes other services , besides the payment of the rent, viz. the cultivation and improvement of the land. Either then Mr. Call must give up the English standard of a quit-rent, or retract the concession he has made.
They must therefore resort to some other criterion of a quit-rent, fitted to the case of the said 2s. rent, and to the question before the court. This criterion is either the popular or the legislative understanding of the subject, for a long succession of time.
According to the popular acceptance, all those are quit-rents, which were reserved to the king or proprietor, on an absolute grant of waste land ; on a grant for which an original price was paid, generally denominated composition money ; and on which a trifling rent is reserved, as a mere feudal acknowledgment of tenure. This was the universal understanding of the subject, as far as it related to the 2s. rent, because that rent was universal through the country, and the only reason why the 5s. rent was not equally universal was, because it was local in its operation. So far as it was known, that is in and about Winchester, is agreed to have been generally called a quit-rent by the people and sometimes by Lord F's agents.
If there be any general passages in our laws , which seem to confine the idea of quit-rent to the 2s. rent, we must attribute it to the same want of knowledge respecting the existence of this local rent of 5s. But this court can plead no such ignorance in excuse, and the case being fairly brought before it, it ought to try the present rent by the same principles which apply to the general rent of 2s. They are substantially the same.
For 1st: The lot granted in this case is stated in the deed itself to have been "heretofore waste and unappropriated land" and it is also agreed there was no survey prior to the establishment of the town. The act for establishing the town of Winchester does not recognise the previous appropriation of the land; and the aid of the legislature was only obtained for
the purpose of incorporating it. Being then land ungranted by the proprietors, before the grant in question, it stands on the same ground with all other vacant land in the same territory. 2dly: Composition money was paid on the grant of this lot, as on other vacant tracts. It is not indeed stated in the case that the price of the lot was called composition money: it is enough that they agree in all its essential features. 3dly: In both grants the rent is called alike "rent," or a "free rent," and neither is called a "quit-rent." 4thly: They are both perpetual , and 5th, they are of trivial sums; either of them sufficient to convey an acknowledgment of tenure, but by no means commensurate to the annual value of the land. Why then should the court, merely on the ground of variation in the amount of the rent or composition, admit any difference in the case of the two rents, and thus lose sight of the great features, which are common to them both?
But it is contended that these rents are not quit-rents , but ground-rents : If so, the question is at an end. For the assembly of V. anxious though they were to abolish feudal and perpetual rents, respected that perpetual revenue, which may have been in several cases reserved by one individual, on grants of land held by private ownership . Though they did not respect the Lord of the fee , they respected those rents which were due to the private owners of the soil. Before, however, these can be denominated ground-rents , it must be shown that Lord Fairfax was the private owner of the soil; because there is no instance of a ground-rent, in which the lessor of the premises had not acquired a private right to the soil. Lord Fairfax, however, was fully sensible of the distinction, which existed between his proprietary and his private rights:—For it was his uniform practice to make a conveyance of lands in fee in the usual form to some friend, and to take back a re-conveyance thereof, when he meant to acquire the fee simple property in them.
The case before the court expressly finds that this was done in relation to the two manours, and to the lot No. 18 in the town of Winchester. If then the court should adjudge the lot or the rent accruing thereon to be the private property of the appellant, they will differ from Lord Fairfax himself, who thought a conveyance necessary, whenever private property was to be acquired. The appellant, it is to be presumed, is bound by the admissions express or implied, of those under whom he claims; and Lord Fairfax has strongly admitted that the private property of the lot in question did not exist in him, because he omitted to extend that process to it which he employed in the case of the lot No. 18. Hence no argument from an alluded acquisition by survey can be admitted; even were that survey for his own use ; which it was not, because it was for the use of the purchasers , who were to pay a high rate of composition upon the grant of the soil.—He indeed acquired a right of soil in lot No. 18—but that was not by survey .
Having compared the lot in question with other unappropriated land, and found them to agree in their most essential features; having found that the present rents are not ground-rents , it may be proper to compare them also with leases on the manours stated in the case, which are confessedly private property. But here there is no manner of similitude. The lessees of the manours paid no original price or composition therefor: They acquired no absolute property therein, but only the use thereof for a certain time. The rents payable on these are 20s. or 40s. per hundred acres: a sum surely too great as a mere feudal acknowledgment of tenure, and bearing a good proportion at that time to the yearly value of the land. If there were any similitude between the two cases, the appellant was bound to have shown it.
He now came to consider some of the acts of assembly on this subject. The acts of Oct. '77, chap. 2, and May '79, chap. 13, abolished quit-rents throughout Virginia, except in the Northern Neck. This did not invade the quit-rents of Lord Fairfax, because he was a citizen, although they had the best reasons for the abolition. Nor did they attempt such an invasion until they had found that those quit-rents had devolved upon alien enemies. Then they did sequester , and at last confiscate them. Those acts abolished quit-rents after expressly premising that it was derogatory to our people to hold their lands "subject to any servile, feudal or pecuniary tenure, and to prevent the danger to a free state from perpetual revenue :" act of '79, ch. 13. pa. 98. Here then is the legislative acceptance of a quit-rent : It is a rent which is feudal, servile, and perpetual . Had the legislature then abolished the quit-rents of L. F. would not this rent in question also have been swept away with them? Can it be denied that this rent is a servile and feudal rent, and a rent that is perpetual ? If then the judgment of the district court be now reversed, will not this court create a Lord, Paramount over the property in question? Will not the inhabitants of Winchester be subjected to the dishonourable vassalage of paying to such Lord Paramount, a servile, feudal, and perpetual revenue ? Will not they throw those citizens into that abject condition, from which the legislature of our country, at the very instant of the revolution, so anxiously endeavoured to remove all our people? How far this partial proprietorship may hereafter be attempted to be extended, in consequence of the precedent now to be set and the principles now to be adopted, he did not pretend to determine.
When the act of '79 discharged all "proprietors of lands" not only from quit-rents , but all other "reservations" &c. in grants of land from the king, even to the condition of cultivating the land; would not this abolition have alike extended to lots in towns, if there had been any such granted directly by the Crown?
The analogy is very strong, between what the legislature did by the acts of '77 and '79 in relation to Virginia generally, and what they would have done at the same time in relation to the Northern Neck, if they had not respected the rights of Lord Fairfax as a citizen. But since his death, the abolition has extended into the Northern Neck. If the act of '77 which gave credit to the people of the Northern Neck for the quit-rent as part of the publick taxes, has seemed to confine it to the 2s. rent only, is there any reason why the same indulgence should not have been granted to the inhabitants of Winchester? At most, therefore, it is to be regarded as a casus omissus ; because its locality concealed it from the view of the legislature. May not that body then be permitted to correct itself? In fact, has it not corrected itself by defining a quit-rent to be a servile, feudal, and perpetual rent.
He had asked them, whether by reviewing this judgment, they would revive upon the people of the N. Neck, a partial proprietorship? He would go further and ask, would they do this, notwithstanding the renunciation of such proprietorship by Mr. Fairfax, under whom the appellant claims? This renunciation , so far as it respected vacant lands, is explicitly contained in the act of compromise of 1799.
That renunciation is also founded upon a valuable consideration; the grant by the commonwealth of Virginia of at least 300,000 acres of land, claimed by Mr. Fairfax, as his private property; and which he would unquestionably have lost (but for that compromise) by a previous judgment in this court, that his alienage would have prevented all rights accruing under L. F's will. It was indeed to have been hoped, that this renunciation had given a death-blow to the proprietary rights in the Northern Neck: and that a sought out, on which to build up this magnificent superstructure. The trifling sum now in dispute, like the celebrated lever demanded by Archimedes, is to produce consequences which no man can pretend to foresee or estimate.—That the present claim is not expressly abolished by the act of compromise, is to be ascribed to a belief at that day , that such a precaution would have been the useless work of supererogation; because there was an explicit disavowal of L. F's right thereto in the convention, by several distinguished members of that body and among others by the very able gentleman, who afterwards as a purchaser under Mr. F. negotiated the compromise. Mr. Roane recapitulated his arguments. He endeavoured to show that the English idea of a quit-rent must be exploded, because according to that idea there was no such thing in this country: that the only alternative was then to resort to the popular and legislative exposition: that both these assimilate the rent before the court, with the 2s. rent payable on lands; and that of course the rent in question was destroyed by the legislature in common with the 2s. rent when they abolished all " servile, feudal and perpetual rents."
Having made several additional remarks he concluded with giving it as his opinion that the judgment of the district court was right and ought to be affirmed.
* Judge Marshall.
(To be continued.)
FOR FREIGHT, OR CHARTER, To a Port in France, The Prussian Brig TWO FRIENDS, BOYLAW, Master:— Burthen about 200 hogheads tobacco.—For terms apply to the Master on board, or WILLIAM PENNOCK. October 14. 265
Fresh Raisins, Malaga Wine, &c.
TOMORROW will commence landing on our wharf, from on board the Schooner Maryland Mary, capt. Howatt, from Malaga, her Cargo, consisting of 300 quarter casks Malaga WINE, 672 Boxes Muscatel RAISINS, 992 do. Broom do. 108 Jar. GRAPES, 49 Quarter barrels SUN RAISINS, 30 Sacks soft shell ALMONDS, 50 Quarter barrels FIGS, 45 Kegs ANCHOVIES—all fresh and in good order, for sale on liberal terms. Apply to Donaldson, Thorburn, & Co. November 18. 291
This Day landing at Commerce-street wharf, from on board the Schooner Sarah, capt. Parrot, from St. Bartholomews, 33 Hhds. & 10 tierces St. Kitt's SUGAR, 31 do. Montserrat RUM. IN STORE, 300 bbs. PORK, and 80 bbls. BEEF, North-Salt Inspection. 70 do. New-York PORK, 8 Pipes London Particular Madeira WINE, 2 do. fourth proof BRANDY, 3000 wt BLACK PEPPER, 1200 bushels Cadiz SALT, 50 Firkins fresh Shanadoah BUTTER—For Sale by James Dykes, & Co. 5t 290
PRIME FLOUR.
Made particularly for family use, just received by J. & W. Southgate. November 18. 288 Landing This Day from on board the Schooner Thomas, from Grenada, 80 Puncheons RUM, 30 Barrels LIMES—For sale on liberal terms by C. & F. Whittle. November 18. 284
The Subscribers offers for Sale, 31 Hhds. Prime Muscovado SUGAR, 21 Barrels Prime PORK, now landing on Maraden's wharf from on board the Schooner Weymouth, from N. York. ALSO, 6 Hogsheads refined SUGAR, Received per Schooner Richmond, capt. Seaman, from New-York. Phinehas Dana, & Co. November 18. 285
On account of my bad state of health, I intend to leave this country for a few months. All those who have claims against me are requested to bring them forward for settlement; and those indebted to pay up their respective balances to ROBERT GIBSON, who is duly authorized by me. The Ship Carpenter's Business will be carried on in my absence by Mr. JOHN WILLIAMSON. November 18. David Patterson. 286
The CARGO of the Ship Eliza, Obediah Smith, master, from Bordeaux, will commence landing This Day on Newton's wharf, consisting of 440 Hogsheads choice CLARET, 293 Cases do. 149 do. WHITE WINE. 180 Boxes FRESH PRUNES of excellent quality, for Sale by Moses Myers. November 18. 287
To be Leased.
For one or six years, and possession to be had on the first of January next.
A Commodious BRICK-HOUSE on Smith's Point, now occupied by Mr. Harris—all convenient offices, and a good garden are annexed to this tenement—For the accommodation of a tenant, an adjoining lot may be had. P. Barraud. November 18. 288
TO RENT.
(And possession given the 1st day of October.) TWO VERY CONVENIENT WAREHOUSES, at present occupied by Mr. J. Proudfit. For terms, apply to Robert Gibson. September 6. 184

In our paper of this day we offer our readers translations of the official documents, published by the French, Austrian, and Russian governments, in justification of the conduct they have severally pursued in their political relations. We shall hope for some indulgence for these translations, which we are confident are susceptible of much improvement in point of chaste composition. The candid reader will make the proper allowance for the want of time sufficient to prepare and correct so much matter since our last publication. The official documents published in the Moniteur are interesting, but we have supposed that the principal notes would be more gratifying to our readers, than the publication of the whole of this voluminous correspondence.
The United States' frigate JOHN ADAMS, Captain SHAW, has arrived in Hampton Roads, in 49 days from Gibraltar.—Lord Nelson had arrived and taken the command of the British fleet off Cadiz. It was supposed that Admiral Nelson would make some attempt on the combined fleet in Cadiz.
Extract of a letter from Barbadoes, dated October 15th, 1805.
"Captain Tobin, who now commands the Princess Charlotte frigate, lately captured the Cyenne French corvette, and the Jason frigate has just brought in a fine Imperial brig, called the Naïad, of 18 guns—Markets bad—new superfine Flour nine dollars per barrel."
MARRIED—On Friday evening last, Capt. THOMAS CALVERT, of this Borough, to Mrs. KEZIAH HANCOCK, of Hackwood, Princess-Anne county.
RICHMOND, November 16.
On Thursday the 14th instant, a dinner was given at the Eagle-Tavern, by the citizens of Richmond, to our brave countryman GENERAL EATON, to testify their grateful sense of his distinguished services and heroic enterprise, in the expedition to Derne. The company was numerous and respectable, and greeted by the presence of the Chief Justice of the United States, the Judges of the Court of Appeals and of the General Court. The honourable Alexander M c Rae was appointed President of the day, and the honourable Alexander Stuart, Vice-President. The most perfect harmony prevailed; and every heart seemed animated by those sentiments, which the occasion was so well calculated to inspire.
The following is taken from the Enquirer, which was handed to the Editor of that paper by General Eaton.
COPY.
ALGIERS, September 9, 1805.
SIR, I have only a few moments to inform you, our affairs here are all well.
On the 30th ult. the soldiers rose in a body and murdered the Dey and his Prime Minister.
I forbear to detain the Nautilus, having nothing very urgent to communicate.
I have the honour to be, &c.
J. MOUNTFORD, Charge d'affairs at Algiers.
Capt. CAMPBELL.
CONTINUATION OF TRANSLATIONS.
From French papers received by the ship Eliza Capt. Smith, at the office of the Publick Ledger.
PARIS, Sept. 30.
SPEECH OF THE EMPEROR OF FRANCE, to the CONSERVATIVE SENATE, September 24.
Senators,
"In the present circumstances of Europe, I come among you to communicate my sentiments, and my intentions.
"I am about to quit my capital, and to place myself at the head of my armies, in order to carry prompt succours to my allies, and to defend the dearest interests of my people.
"The wishes of the eternal enemy of the continent have been gratified; war has commenced in the heart of Germany; Austria and Russia have united themselves with England, and the present generation is about to experience all the calamities of desolating war. Until within a few days past, I had hoped that the tranquillity of Europe would not be disturbed; you have seen me unruffled by outrages and menaces, but now the Austrian army has passed the Inn; Munich is invaded, the Elector of Bavaria is driven from his capital, and all my hopes of peace are vanished.
"At this moment the machinations of England are developed. She dreaded the effects of my forbearance, and ardent desire for peace; she feared that Austria would tremble at a view of the gulph she was about to pass, and returning to sentiments of justice and moderation, avoid a war in which she could not hope for success. I grieve for the blood which this war will cost Europe, but the French name will acquire additional lustre.
"Senators, when by your wishes, and that of the people of France, the imperial crown was placed on my head, I received your oaths, and those of the whole French people, that it should be preserved pure and without spot. My people upon all occasions have given me proofs of their confidence and love. They will follow the standard of their emperor, and of his army, which in a few days will pass the frontiers.
"Magistrates, soldiers, citizens, you will defend your country against the influence of England, if it should prevail a peace will be granted to you, having for its basis your ignominy and shame, the principal conditions of which will be, that your fleets shall be burned, your ports shall be filled up, and your industry annihilated.
"All the promises which I have made to the French people I have kept, the French people have not violated any engagement which they have made with me. Under circumstances so interesting to their glory and to mine, they will continue to deserve the name of the GREAT PEOPLE, by which title I shall salute them in the field of battle.
"Frenchmen, your emperor will do his duty, my soldiers shall do theirs; do you do yours."
This speech was followed by an unanimous resolution of the senate, assuring his majesty of the devotion of the French nation to his person and family, its confidence in his genius, and its determination to concur with his government in measures for avenging the indignities offered to his majesty and the French nation.
STATE PAPERS.
Note of the Cabinet of Vienna.
This and the following state paper were delivered to the minister of foreign affairs, by Count Philip Cobenzel, (12th of Sept.)
The Court of Vienna yields without hesitating to the demand which has been made on her part of the Emperor of the French, to explain herself categorically upon the intentions and the motives of her armaments. She has no other intention than to maintain peace and friendly relations with France, as also to maintain the general repose of the continent; no other desire than to see the intentions of the Emperor Napoleon correspond with her own. But the maintenance of peace between two powers does not alone consist in not attacking each other. It consists, at least, essentially in the accomplishment of the treaties upon which peace is established. The power who infringes them in essential points, and who refuses to do justice to remonstrances, is quite as much the aggressor as if she attacked the other unjustly. The peace between Austria and France depends upon the treaty of Lunéville, one of the conditions of which stipulates and guarantees the independence of the Republics of Italy, as also of the Helvetic and Batavian Republics, and secures to them the liberty of choosing their governments. Every enterprise to oblige them to adopt a government, a constitution, or a master, otherwise than by their free choice, otherwise than by preserving a real political independence, is an infringement of the peace of Lunéville, and Austria has the right to claim and pursue the redress of it.
The desire of maintaining mutual friendship, of quieting distrust, of preserving the publick repose from greater dangers, may, in the midst of critical and delicate circumstances, engage the claiming party to be circumspect, to use great moderation in pursuing its grievances; but the regard of friendship cannot make it its duty to renounce the stipulations of treaties, and the power who after having infringed them, declines explaining herself upon it, refuses to negotiate and substitutes threats for negotiation, offends as much against the laws of friendship as against the sacred rights of peace.
As to the maintenance of publick repose, it requires that each state shall remain within its own limits and shall respect the rights and independence of the other states, strong or weak. This repose is troubled when a power attributes to itself rights of occupation, protection and influence, which are avowed neither by the law of nations nor by treaties; when she speaks of the rights of victory after the peace that has extinguished them; when she employs force and fear to dictate laws to her neighbours, to oblige them to assimilate their constitution to hers, or to wrest from them alliances, concessions, acts of submission and of incorporation; when she pretends that her dignity is offended by well grounded representations, whilst her own journals successively attack monarchs; in fine, when she sets herself up as sole arbiter of the fate and common interest of nations, and wishes to exclude other powers from all participation in the maintenance of the general tranquillity and equilibrium, some because they are too far off, others because an arm of the sea separates them from the continent, opposing to the remonstrances of the nations the nearest to the danger evasive answers, assemblies of troops upon their frontiers, and menaces of rupture if they put themselves in a state of defence.
It is she then who provokes the other powers to arm themselves, to help each other, to unite in fine if necessary for the maintenance of their own, and of the publick safety.
It is thus that the armaments of the court of Vienna have been gradually provoked, both by the armaments of France and by the insufficiency of conciliatory means, to assure herself of the maintenance of a true peace and of a quiet futurity.
All Europe has perceived the sincerity of the pacific dispositions of his majesty, the emperor in his exactness to fulfil the conditions of the treaty of Lunéville, in his great condescension upon the subject of the extensions, hurtful to his interest, given to the execution of that treaty in Germany; in his moderation not less great at the time of the first divisions of the French Republic from the said treaty, relative to the other Republics.
Attributing these deviations to the wish of guaranteeing from all internal danger, the development of the plan formed for the re-establishment of the monarchical government, his majesty made no difficulty in acknowledging the state of things established in Italy towards the end of the year 1802. His confidence in the views of the First Consul, the engagements entered into by the latter with the New Italian Republic upon the temporary duration of his presidency, the publick and solemn assurances which attended and followed his elevation to the Imperial dignity, of his entertaining no views of aggrandizement or any wish to encroach on the independence of the Italian States; in short, the engagements subsisting on his part towards the sovereign of Russia, more particularly on the compensations to be granted to the king of Sardinia and on a common arrangement of the affairs of Italy; all these motives have concurred to give birth to, and nourish in his majesty's heart, the hope that the consolidation of the new empire of the French would bring back in a little time the policy and measures of his government to relations compatible with the equilibrium and safety of Europe; and when, some time afterwards, the first rumours of new, and approaching changes in the States of Lombardy induced the ambassador of Vienna at Paris, to demand explanations upon this head, his majesty was still further confirmed in his hopes by the official assurance, given in the name of the emperor Napoleon, that the Italian Republics should not be united to France, and that no innovation should take place in them contrary to their political independence.
Europe will judge whether these assurances have been fulfilled. The emperor has not ceased to reclaim them, as the correspondence will prove which took place thereon between the two sovereigns, and the official and ostensible relations which the ambassador count Philip Cobenzel was instructed to make; and although the letters by which the emperor Napoleon communicated to his majesty; his dispositions for the establishment of a kingdom of Italy were attended with threats of armaments; although every thing at that time revealed what the event has since proved, that the emperor of the French was resolved on supporting these innovations by force; nevertheless his majesty never recognised dispositions which were only announced to him as a provisional arrangement: he confined himself to repelling the charges which served as the pretence for threats, and to manifesting the hope that this principle of separation and independence consecrated by the treaty should be maintained by definitive arrangements, which the emperor Napoleon made to depend on further negotiations with the court of St. Petersburg and London, at the period of the re-establishment of peace.
These negotiations were in fact the only hope H. M. had left, to succeed by conciliatory modes, in consolidating peace and at length to restore calm to Europe, alarmed from the North to the South, by enterprises the number and extent of which increased every instant.
H. M. the emperor of the French had taken towards the King of England, a preliminary pacific step, still continuing, however, to wish to exclude him from the right of participating, in the major interests of the continent.
This restriction, combined with the relations which existed between the courts of London and St. Petersburg, induced H. Britannick majesty to have recourse to the emperor of Russia, who, notwithstanding the interruption of his official relations with France, did not hesitate to interpose his good offices, to send for that purpose a negotiator, and to cause his admission to be asked for of the Sovereign of France.
But the hope, founded on all these pacific steps was not long in vanishing. New blows were aimed at the political existence of other independent states of Italy, at the very moment when the passport which had been demanded for the Russian negotiator to proceed to France, was sent to him; the emperor Alexander conceived himself henceforth authorised to look on his mediation as compromised; on the other side, French armies were suddenly assembled in Italy, notwithstanding the promise given not to arm.
A camp of thirty thousand men assembled in the plains of Maringo was followed by another camp of forty thousand men, in the frontiers of the Tyrol and the Venetian Provinces of Austria. H. M. was thus constrained to provide in an efficacious manner for his own security. He then acquired the conviction that the pacific, friendly and moderate principles he professed, met with no such sentiments in return from H. M. the emperor of the French, as could authorize him any longer to neglect preparing necessary measures for the defence and maintenance of the dignity of his Empire.
Such is the cause of his present armaments. But the same sentiments which have so induced H. M. to wish to avoid having recourse to such measures, have also determined their end. The emperor arms, not with hostile views, not to make a diversion to the descent on England, the execution of which after two years threats, should not appear reserved for the moment, when France has provoked both Austria and Russia. He arms for the preservation of the peace which subsists between him and France; for the maintenance of the conditions of peace, without which this peace would be merely an illusion, in order to succeed in an equitable accommodation, founded on the moderation of all the interested powers, and calculated to insure the equilibrium and permanent tranquillity of Europe. The step by which H. M. invited at the same time the principal courts interested to renew the interrupted negotiations, which his interposition has just experienced from H. M. the emperor of the French, does not make him averse to renewing it.
He has been more successful with the emperor Alexander.
This monarch who fills a distinguished place in the Cabinets of the European powers, whose equilibrium and general welfare, are the objects of his constant cares, displays in the annexed reply which he has just caused to be delivered to H. M., an equal desire for the conclusion of an equitable and moderate arrangement. He is equally convinced of the necessity of an eventual armament and believes himself obliged in consequence of the encroachments already spoken of, in order to contest the right and consequence of his intervention, to send forward a part of his troops, in order to secure to this intervention all the weight and efficaciousness of so great a power.
In order completely to prove the rectitude of the intentions of the two imperial courts of Austria and Russia, it is here solemnly declared in the name of both: that they are ready to negotiate with the court of France for the maintenance of the continental peace, on the most moderate terms compatible with the general repose and security.
That, whatever be the issue of the negotiation, and should war inevitably break out, they mutually engage to abstain from all enterprises, which might tend to interfere in the internal affairs of France.
To alter the state of possession and the relations now legally established in the Germanick Empire; or in the least to injure the rights and interests of the Ottoman Porte, whose possessions and integrity they are on the contrary ready to defend, as far as it depends on them.
Finally that Great Britain has caused them to be informed that her sentiments are perfectly analogous to theirs.
And dispositions equally moderate for the reestablishment of peace with France.
His majesty hopes that the frank and sincere explanations, into which he has just entered, will be found calculated to remove the doubts which may exist in the mind of H. M. the emperor Napoleon, concerning the intentions and motives which animate him; and all his wishes will be fulfilled, if these explanations can contribute to prevent misfortunes which it does not depend on him to spare to humanity.
Annexed to the foregoing, and transmitted at the same time.
A copy of the Declaration delivered to the said cabinet, by count Rosoumowsky, ambassador from his Imperial majesty of all the Russias.
It would be superfluous in this place to go back to the motives which have determined his majesty the emperor of all the Russias to recall the plenipotentiary he had despatched, in concert with his Britannick majesty, to treat for peace with the chief of the French government.
These motives are too just and too evident not to be appreciated by all Europe. They have been laid down in the note delivered to the ministry of his Prussian majesty by M. Novosiltzoff on the 28th June, (10th July) and the resolution which they have provoked is only a consequence of the same sentiments and the same principles which have constantly induced his Imperial majesty to employ his assiduous cares towards the re-establishment of general tranquillity.
Since the rupture between England and France, his majesty has beheld with surprise and grief, the major part of the continental states successively forced to support the burden of a war, purely maritime in its principle, and foreign to their direct interests; but he could no longer preserve the hope that a frank and friendly negotiation would suffice to put an end to this afflictive state of things, when he learned that, without any regard for the solemn steps which tended to re-establish peace, and at the very moment when Russia offered to treat for its conclusion, new states were deprived of their independence.
If then his Imperial majesty has resolved on recalling his plenipotentiary, it is merely because he has acquired the full certainty that the mission of the latter would not produce a satisfactory result, and not because his ardent wishes to restore peace to Europe are in any manner diminished.
The most striking proof that the emperor can give of it, is, that he still adheres to the demand which has just been made by his Imperial and royal majesty at the same time to France, Prussia and Russia, for the purpose of procuring the renewal of the interrupted negotiation.
Nevertheless his Imperial majesty cannot at the same time conceal the probability that a conduct on the part of the French government similar to that which has already forced the emperor to retract his first steps towards a negotiation for peace, may also render abortive that which Austria purposes to renew.
The painful apprehension, but which is justified by experience, of seeing new encroachments made at the very moment when the negotiation may be accepted, or during its course; the apprehension that greater dangers will arise for Europe from a step which has no other end in view than to save it; the certainty that they will be inevitable as soon as the just demands of the continental powers, as well as those which the French government wishes to uphold as a consequence of its successive invasions, cannot be satisfied in any part; the obligation more particularly, which the emperor has taken in circumstanced as calamitous as they are difficult, to come to the succour of his allies whose safety, whose very existence is eminently threatened, and to offer them in short, not a delusive assistance, but a real, immediate and efficacious one; all these considerations united, mark out the only line of conduct which it behoves his Imperial majesty to adopt. Russia can now no longer resume the interrupted negotiations, but by putting herself in a state to succour her allies, whenever they shall be attacked, and thus guaranteeing Europe from a further overthrow. He must combine his measures so as to procure to himself a well grounded hope that the negotiations for peace will promise much happier results than those which have been hitherto taken, and which unfortunately have only failed through the want of respect which the French government has shown to the pressing solicitations and representations of Russia, and the other continental powers, and by a repeated increase of the dangers of Europe.
It is in consequence of every thing which has just been alleged, that the undersigned has orders to communicate to the ministry of his Imperial and royal majesty, in reply to the note which the ambassador count Stadion delivered to the cabinet of Saint Petersburg on the 26th July, (7th August), that his majesty the emperor of all the Russias has taken upon contents the following determinations:
To adhere to the demand of renewing the negotiations of peace, broken off by the recall of Mr. Novosiltzoff, and to proceed thereon as soon as the Chief of the French government shall have manifested a similar disposition.
To cause to advance immediately two armies of 50,000 men each, across Gallicia towards the Danube, for the purpose of combining with the negotiation on such a powerful armament of mediation, and observation, calculated to prevent further encroachments during the pacific negotiations, and of securing in its issue, Austria and the neighbouring countries from every attack on the part of France.
To invite his Imperial and royal majesty, and also other powers, to co-operate on their side in this salutary measure, of which the French government, if it judges with impartiality, must acknowledge the propriety.
The undersigned, in acquiring himself of this office towards his Imperial and royal majesty, conceives it his duty to add, that it is merely the sincere desire of restoring peace to Europe which regulates his conduct on this occasion; that Russia will bring to the negotiations for peace, the means best calculated to produce their successful issue, and she solemnly declares herself ready to withdraw her troops as soon as this desirable result shall have obtained by been sufficient sureties for all the states of Europe.
H. I. M. formally invites H. I. and R. M. to unite with him in the measure he has adopted, and the undersigned is authorised to concur with his ministry on every thing relative to this important object.
Vienna, Saturday, August 19.
(Aug. 31st 1805.)
Signed C. A. DE ROSOUMOWSKY.
CONSERVATIVE SENATE.
Exposition of the reciprocal conduct of France and Austria, since the peace of Lunéville: read by the Minister of Foreign Affairs.
All Europe can testify that during the war, in the midst of the most decisive and signal successes, the emperor of the French has never ceased to manifest his desire for peace; that he offered it repeatedly to his enemies; that after reducing them to the necessity of receiving it as a favour, he granted it to them on terms such as they never dared to hope for; and which have rendered his moderation no less eminent than his victories. He feels the high value of glory acquired by conquest in a just and necessary war; but there exists a glory more dear and flattering to his heart; its first wish, the constant aim of his efforts, has ever been the tranquillity of Europe, and the peace and happiness of its inhabitants.
This object was attained, this wish fulfilled by the treaty of Amiens. The emperor did all in his power to render it a lasting one. It would still have subsisted, but for the growing prosperity of France, which has limited its duration. At first it was made nugatory by the artful measures, and finally broken by the undissembled perfidy of the cabinet of St. James.
Peace, however, still reigned over the continent; the flimsy and counterfeit pretexts made by England, in justification, were easily penetrated, and her real views exposed to Europe. England dreaded to see the French colonies, which had once been so flourishing, and which might again become so, rise from their ruins, and as it were, spring up out of their own ashes; her jealousy prompted her to stifle, or arrest at least in its progress the spirit of French industry; reanimating by the peace; she cherished the senseless design of interdicting the French flag in those seas where it had appeared time immemorial with such eclat; or at least of reducing it to a state of debasement, incompatible with the rank which France holds among the nations of the world. But these were not the only motives which actuated England; she was moreover stimulated by her insatiable avidity to covet a monopoly of the commerce of the world, in all its branches, by that extravagant pride which persuades her to believe herself the sovereign of the seas, and which is the solitary foundation of the monstrous despotism she exercises upon the ocean. The cause then which France had to defend, was the cause of Europe, and it was natural to suppose that she recompenses the instruments of her ambition, nor that her fallacious promises would have engaged in her interest, one of the continental powers. Not one in reality appeared inclined to listen to her propositions or her intreaties.
Satisfied as to the intentions of the continent, the emperor turned his attention towards maritime warfare, in undertaking which he had every thing to create. Fleets were constructed, ports were made, camps were pitched on the shore of the channel, the emperor concentrated in one spot all the forces of his empire, and his troops forming themselves under his eyes to military operations altogether novel to them, prepared for new triumphs.
England saw the dangers which menaced her, she thought to avoid them by crimes; assassins were landed on the coast of France; the English ministers at the courts of neutral powers, became the directors of a war, not less infamous than atrocious; a war of conspiracy and assassination. The Emperor was apprized of these miserable plots. He despised them, and continued to offer peace on the same conditions, on which it had before been made. This excess of generosity seemed to increase, rather than to calm the fury of the cabinet of St. James's.
Its reply evidently proves that it thought of peace, only after it had lost the hope of desolating the continent with blood and carnage. But it was sensible that to accomplish such a design, it was not sufficient only to associate in its views a power almost remote to its position to the continent, as England itself—that having nothing to hope on the part of Prussia, whose sentiments were well known, its expectations would be vain as long as Austria continued faithful to her neutrality.
Austria, who had experienced twice op the can-

clusion of two unsuccessful wars, at the periods of the treaties of Campo Formio, and Lunéville, to what excess France gloried in evincing generosity to a vanquished foe, had not adhered to those treaties with the same religious fidelity which distinguished France in her observance of them— notwithstanding the formal obligations which they had entered into, the debt of Venice remained unpaid, it was even declared to be annihilated. The emperor knew that his subjects of Milan and Mantua were denied justice, and that the court of Vienna, did not pay a single debt of this nature, in contempt of the solemn engagements by which she was bound. He knew likewise that the existing commercial regulations of his kingdom of Italy, and the hereditary estates were greatly fettered, and that both his French and Italian subjects, met with a reception in Austria, very different from what, from the existence of peace between the countries, they had a right to expect.
In the partition of indemnities in Germany, Austria had been treated with a favour surpassing her desires and exceeding her hopes. Inwithstanding this, the nature of her proceedings discovered that her ambition was still unsatisfied; she employed alternately flattery and threats to induce the petty Princes to cede to her, such of their possessions as suited her. It is in this manner she has acquired, Landau on the lake of Constance, and in the same lake the Island of Menau, which puts into her hands one of the keys of Switzerland. She compelled the Teutonic order to yield up Altkhausen, which made her mistress of that important Post, the Post of the Ripinau. She had added to her territory by an accumulation of other acquisitions; she even meditated others.
She did not fear to employ palpable usurpations, as the means of aggrandizement, which she sought to disguise under the formalities of law.
Thus it is, that under the pretence of a right, which she had expressly renounced by treaty—the exercise of which, was prohibited by a decree of the Germanick Empire, she appropriated to herself possessions, which she feigned to believe were without heirs, or legitimate proprietors, altho' the decree formerly provided that they should serve as indemnities.
In this manner she disappointed several of the Princes of those indemnities, which had justly been assigned them, under pretext too of this very right of escheat which, relatively to the Swiss, she called the right Dinqueration , she wrested from Helvetia several considerable towns. In Romeni, she sequestered the territories of a neighbouring Prince, under the plea of exacting the compensation due to the Elector Salzburg, and in which office (contrary to all right,) she constituted herself sole Umpire, she insisted, with threats, on the right of retaining and recruiting officers in the Bavarian Provinces in Franconia and Swabia, while she obstructed by every method in her power the conscription for the Electoral army—Abusing in this manner prerogatives formerly granted to the chief of the Germanick Empire, for the common benefit of the States composing it; but since fallen into disuse; she caused them to be revived, to disturb the neighbouring Princes in the exercise of their sovereignty over the possessions which had fallen to their lot, and thus to deprive them of that additional influence in the Diet, which arose out of their new possessions.
The decree of the empire, founded on the previous provision of the treaty of Lunéville, had, for its object, independently of the reparation by indemnities, the establishing by this very reparation in the south of Germany, a balance of power, which should secure its independence, and prevent all possible causes of misunderstanding, which the contiguity of the territories of France and Austria might frequently give rise to. Such was the wish of the Mediators and of the Germanick empire, it was the wish of justice, of reason, of political sagacity and strictly conformable to the true interests of Austria herself.
Austria defeated then, what had been so wisely guarded against by the treaty, when by her acquisitions in Swabia, she weakened the barrier which was designed to separate her from France, when she extended her pretensions to interposing between France and the principal states in the south of Germany, and when by a system combined of sequestration, claims, carresses and threats, she unrelentingly endeavoured to acquire an arbitrary, universal, and exclusive influence over that part of the German empire; by these measures she violated evidently the treaties, and each of them may be considered as an infraction of the peace.
Since the rupture of the treaty of Arles, Austria has more than once proved her partiality to the cause of England; she recognized in fact, that pretended right of blockade, which the cabinet of St. James has arrogated to itself, and agreeably to which a simple declaration of the British admiralty is sufficient to put the whole seaboard of a country in blockade.
She had submitted without reclamation or complaint to the repeated violation of the neutrality of her flag, greatly to the injury of France, against whom all violences offered to neutrals, were evidently directed.
These several facts were well known to the emperor, many of them excited his solicitude, they were evident wrongs; and might have served as just grounds for war, but the emperor from a love of peace, not only abstained from complaint, but gave the court of Vienna fresh testimonies of his respect.
He had made it a point with himself to avoid giving to Austria the slightest cause of umbrage.
When called by the wishes of his people to Italy, he repaired to Milan, troops were assembled and camps formed with the view simply of mingling military pageantry with religious and political solemnities, in order that the sovereign majesty might appear surrounded with a magnificent retinue so pleasing to the people. The emperor confesses, moreover, that he was sensible of the pleasure of seeing his companions in arms assembled together in a country consecrated by victory, but wishing to obviate the inquietudes of the court of Vienna, if it were possible for her to have conceived any, he caused her to be satisfied of his pacific intentions in declaring that the camps which had been formed should in a few days be broken up, and this promise was faithfully fulfilled.
Austria replied by protestations equally amicable and pacific, and the emperor quitted Italy under the pleasing persuasion that peace would be maintained on the continent.
What was his astonishment, when scarcely returned to France, being at Boulogne, hastening the preparations of an expedition just on the eve of execution, he received on all sides intelligence that the Austrian government had ordered all its forces to move, that they were advancing by forced marches towards the Adige, in the Tyrol, and the banks of the Inn, that the reapers were called in, that magazines were forming, arms manufacturing, and horses levied; that the passes of the Tyrol were fortifying, Venice fortifying, and in short, all their preparations announced an approaching war.
The emperor could not at first believe that Austria was seriously inclined for war, or disposed to commit to new dangers, or expose to fresh calamities her people, wearied by so many reverses, and exhausted by so many sacrifices. Twice possessed of the power of depriving the house of Austria forever of her hereditary states, the emperor was far from wishing to diminish her power, he had augmented it. If he could not count on her gratitude, he thought he might rely on her regard to interest. In leaving his continental frontiers unarmed, and un-
garrisoned, he had given the strangest mark of confidence in his power. He thought Austria incapable of abusing confidence, because he knew himself to be so. There are certain suspicions which can never enter a generous heart, or find a place in a reflecting mind. The emperor took pleasure in strengthening these favourable sentiments, and scrupled not to evince to what a degree he wished them to prove well-founded. The court of Vienna, omitted nothing to prolong the illusion. She multiplied the assurances of her pacific dispositions; she authorized her ambassador to make the most encouraging declarations; she sought in fine, both by plausible explanation, and formal abjurations, to dissipate every suspicion which her measures were calculated to inspire.
The activity and extent of the preparations for hostility increasing every day, it became more difficult to justify them. The emperor ordered the Austrian minister, M. the Comte Philippe de Cobentzel, to be invited to new conferences, and that the despatches of his majesty's diplomate and commercial agents should be communicated to him. For four successive days, M. de Cobentzel, waited on the minister of foreign affairs, who placed before him the anterior despatches received, and those which arrived in succession from the different parts of Germany and Italy. The cabinets of Europe will find in their archives few examples of similar communications, made under circumstances where suspicion was so natural. The emperor could not furnish a more convincing proof of his good faith—The ambassador from Vienna, acquired the most positive and incontestible intelligence, which on all was announced the certainty of an approaching war, long since prepared, and carefully concealed.
What answer could he make? Peace was even now loudly professed by his court both at Paris and Vienna, but on all the frontiers war was publicly organized.
The emperor could not at once renounce a hope of accommodation: he persuaded himself that Austria might be led away by foreign suggestions, he resolved to leave nothing undone to restore her to a sense of her real interests; he represented to her that, were she not inclined to war, all her preparations were without object since all her neighbours at peace; that she promoted contrary to her intention, and without knowing it, the cause of England, by making in her favour a diversion not less powerful and injurious to France than war would be. If war were decided on, he would represent to her its probable consequences. Superior to every consideration which governs weak minds, he did not disseminate that he feared war; not that after the battles, fought in three parts of the ancient world, it was possible for him to dread dangers so often braved, and so often surmounted; he feared war rather on account of the blood which must be shed on account of the numerous sacrifices it must cost Europe, and by the effect perhaps of an excessive love of peace, he conjured Austria to lay aside preparations which in the present state of Europe, and the particular situation of France, could be considered only in the light of a declaration of war, and the result of engagements concerted with England.
More than this he desired that similar representations might be addressed to the court of Vienna by all the neighbouring powers, who, altho' strangers to the cause of war, were sure of becoming its victims.
The conduct of the court of Vienna, diminished every day our expectations of peace. Far from ceasing, she increased her preparations. She terrified the people of Bavaria and Swabia, by her armaments. Helvetia dreaded lest the peace restored by the act of mediation should be wrested from her. All invoked France as their protector, and as the guarantee of their rights. Nevertheless she still dissembled, and as a pledge of her pacific disposition, she proposed a sort of interposition difficult to characterise, but which, considering only its apparent aim was both idle and peurile.
The emperor of Russia had demanded passports for one of his chamberlains, whom he intended to send to Paris. The emperor was unacquainted with the views of the cabinet of Petersburg. They were never communicated to him, officially; but always disposed to profit of any circumstance which might lead to an accommodation, he had granted the passports without delay or explanation. All Europe knows what was the reward of his complaisance.
The emperor learned afterwards through indirect channels, and also by the rumours circulating in Europe, that the design of the court of Russia, had been to make an experiment by way of conference, to introduce at Paris a very singular plan of mediation, agreeably to which, she was at the same time to have made stipulations in behalf of England, for which she had full powers (which proves the entire reliance England had of her) and to negotiate for herself; so that as mediator in name she would have been a principal in reality, while bearing two different titles. Such was the object proposed by Russia in her projected intervention, and which she herself renounced, doubtless because a reconsideration of it opened her eyes to all its inconveniences. But it was precisely the renewal of this mediation on which the good offices of Austria should have been employed. It was not likely that France would allow herself to be placed in a situation in which her real enemies under the insidious name of mediators, should dare to impose on her outrageous and hard conditions; but the cabinet of Vienna, without expecting her good offices would be accepted, found a great advantage in offering them, that of imposing longer on France, by making her lose time, and gaining it herself.
Austria, in short, taking off the mask, has declared in a tardy reply by her language, what she had announced by her preparations; she has answered the representations of France by accusation. She has become the apologist of England; and announcing that she had opened her States, to two Russian armies, loudly proclaimed the concert with which she acted with that country in favour of England. This reply of the court of Vienna, replete with injurious allegations, menaces and falsehood ought naturally to have excited the emperors indignation; but imagining he saw through this tissue of injuries and threats, some reasons for conjecturing an accommodation to be still practicable, the emperor made his natural dignity bend before considerations which exerted such powerful sway over his heart.
The interest of his people, that his allies and of Germany, which was about becoming the Theatre of war, the interest moreover which he took in the fate of a Prince, who repelling with an honourable constancy the insinuations, the intrigues, the reiterated offers of England and of those she has seduced; who had shown himself ever ready to concur by his good offices in the work of establishing and maintaining peace, these united motives induced the emperor to defer his resentments. He determined to demand of the court of Vienna explanations relative to the grounds on which negotiations might be proceeded upon. The minister for foreign affairs was ordered to prepare a note to that effect; the Courier appointed to carry it was departing, when the emperor learned the invasion of Bavaria.
The elector had been summoned to join his army to that of Austria, and as his foreseen refusal to a common cause with Austria, by whom he has been invariably ill-treated, against France, from whom he has never received any injury, has been on the part of Vienna a legitimate cause for war, the Austrian army without any previous declaration, in contempt of
the duties which bind the Austrian emperor in his quality of emperor of Germany, in contempt of the Germanick constitution, and of the Germanick Empire itself, in short, in contempt of the most sacred and respected rights, passed the Inn, and invaded the territory of Bavaria at a moment of general peace.
After such an action, on the part of the court of Vienna, the emperor could have nothing further to propose to him. It was now clear that the congress so imperiously proposed and with views so palpably hostile to France, was intended only as a new snare on its credulity, that Austria irrevocably decided on going to war, would not listen to any arguments for peace and no longer found herself at liberty to be influenced by them, whatever might be her inclination.
The general change which took place, proved to demonstration, that a part of the sums granted to the English minister, to aid him his designs on the continent, had reached its destination, leaving to the power which had thus made a traffic of her alliance, no other alternative than that of spilling the blood of her people, the price of which she has just received.
ALL FURTHER EXPLANATION WITH THE COURT OF VIENNA, HAVING THUS BECOME IMPOSSIBLE, THE VOICE OF ARMS IS THE ONLY ONE WHICH CAN HENCEFORTH BE COMPATIBLE WITH HONOUR.
Let England at length applaud herself on the success of having found allies; let her rejoice that the continent will again be deluged in blood; let her flatter herself that her's will not flow; in imagining that her own safety will be most effectually secured by exciting discord in other countries, her joy will be evanescent; her hopes vain, and the day is not distant when the violated rights of nations shall be amply avenged.
The emperor obliged to repel an unjust aggression, which he has vainly attempted to prevent, finds himself under the necessity of suspending the execution of his first design; he has withdrawn from the sea coast, his victorious veterans, and put himself at their head. He will not lay down his arms, until he shall obtained full and ample satisfaction, complete security to his own territory and that of his allies.
SEMLIN, August 30.
We hear that the deputy sent by the insurgents of Servia to Constantinople, has returned from his mission, and been at Belgrade for two days past. Since his return, it is more positively asserted, that the Porte has subscribed to the demands made by him, in the name of his constituents. The Russian minister must have contributed greatly to the success of this negotiation. We are assured that this deputy is the bearer of an order of the Grand Signior, by virtue of which, the Turks are to evacuate Servia, and which prohibits hereafter, the settlement in that province of any individual, professing the Mohammedan religion. There will be nevertheless stationed at Belgrade, a Colonel with a small guard. A civil officer of the Christian religion will be associated with him. It will be his duty to levy the taxes and forward them to the Porte. Similar officers will likewise be stationed in the different towns and villages of Servia, with the command of a small body of troops; all proceedings at law will be judged by the Servians.
VIENNA, September 15. The exchange of couriers is more frequent than ever, between our court, and those of Berlin, St. Petersburg, and Paris, our monarch is doing every thing in his power, to remove those difficulties, which might prove a cause for war. It is hoped that notwithstanding all the great military preparations which are making, and the march of the Russian armies into the Austrian territories, that all will terminate in some general plan of accommodation for the preservation of the tranquillity of Europe.
It is thought, that, in case of a rupture, the Spanish minister will not quit Vienna, but we do not know that he will continue to employ his diplomate functions.
FRIEBURG (in Brisgau) Sept. 16. On the 7th of this month the Austrians passed the Inn at Burghausen. One column has taken the route to Mulhdorf, and taken post at Landshut, which it entered on the 10th. We have no information as to its ultimate destination, but conjecture that it has or will take the route for Ingolstadt, to gain Donawert, where it will take post.
The other column, directed its route by Wasserbourg towards Munich, and to seize the posts of Landsberg, and Fribourg on the Lech, which position was occupied by Austria last war. This army was called, until its entry into Bavaria, The Army of the Camp of Wels , it has this day assumed the name of The Army of the Rhine . It is to be commanded by the Archduke Ferdinand, but no commander in chief directs its movements at present, each column being directed by its particular commander. The force is between 45 and 50,000 men.
Another corps of troops, of about 20,000 men, part of the army of Tyrol, are at Bregenz, under the command of Gen. Hauffenburg, having under him the generals Rohan and D'Aspremont. This corps having been before inactive, have just moved, and the advanced guard composed of 2000 men, are at Ravensbourg in Swabia, the other corps directed its march towards Ulm, with an intention to take a position. This army, without doubt, had another design, which was to cut off the retreat of a Bavarian brigade of about 6000 men posted at Ulm, under the command of Gen. Wrade, but in this the Austrians have been disappointed, and Gen. Wrade has fallen back upon Franconia, in order to form a junction with other Bavarian troops assembled there, these forces when united will form an army of 32,000 men.
The Austrians have made large requisitions of grain and forage, which they pay for part in money, and part by bills on England; they treat the inhabitants of the countries through which they pass with some respect and consideration, they are nevertheless everywhere detested, more particularly in Bavaria. Their former conduct is not forgotten, and the proposition made by the prince Schwarzenberg to the Elector of Bavaria to join his troops with those of Austria, has excited the indignation of the people as well as the military. The Austrian army experiences frequent desertions.
After recovering from the astonishment which this sudden movement has occasioned, there is but one sentiment, and which is that of general indignation. We shall long remember the evils which we have suffered, and perceive those with which we are menaced. The emperor of France, has distinguished Germany by his friendship, he will respect those, who have so often experienced his generosity, they will not consider him, as an enemy who has always proved himself the protector of the political integrity of Germany.
Austria by her folly, has placed herself in a singular situation, she has forced the princes her allies, and the Germans her subjects, to wish for her disgrace.
[Bulletin d'Europe.]
MUNICH, Sept. 17. The militia of this place, do duty at the posts, in conjunction with the Austrians. The 15th the Field Marshall Mac arrived here.
The electoral police yesterday issued a proclamation, recommending to all the inhabitants discretion and moderation in their conduct, threatening with punishment, those who by their words, or actions shall disturb the good understanding, now subsisting.
ZURICH, September 19. There is reason to hope that the extraordinary diet convoked to meet on the 21st, will commence its sitting under happy auspices. Assurances relative to our neutrality have been received from the court of Vienna, not less favourable than those which had preceded them from France, on the part of our august mediator, to whom we are indebted for the re-establishment of order and internal peace. At this time, the different governments of Switzerland appear actuated by one universal desire of justifying the confidence reposed in the simplicity of their political character for ancient fidelity. Notwithstanding the exhausted state of their resources, there are no efforts or sacrifices which the nation will shrink from, to maintain peace, consistently with honour, without which it will be impossible to strengthen the new foundation of their happy independence. Every thing is already prepared to organize the contingents destined to support the armed neutrality.
M. the Landamman, after making enquiry at Basle, respecting some reports inserted in the gazettes, of signatures being collected in that city, for the purpose of demanding its re-union with France, has published in our papers an official article, in which these reports are formally declared false, and destitute of all foundation.
BANKS OF THE DANUBE, Sept. 19. The Bavarian troops have halted in the left bank of the Danube, where they have provisionally formed a line of demarcation. The Bavarian corps under the orders of general Wrade, which had quitted its station at Ulm, at present occupies Ingolstadt, and its environs. The elector has issued positive orders to oppose the entry of the Austrian troops into that city.
CUSTOM-HOUSE—ENTERED.
NONE.
CLEARED.
Ship Nancy, Jennings, Falmouth, and a market. India Packet, Rindge, Barbados. Barque Petersburg, Davis, do. Brig Actress, Tracy, Baltimore.
The sch'r Eliza Ann, Davis, from this port was left at Tobago the 19th ult.
AUCTION.
On Donaldson, Thorburn, & Co's Wharf,
On Friday, the 22d instant, at 11 o'clock,
Will be Sold, the CARGO of the Schooner Maryland,
May, from Malaga—consisting of
300 quarter Casks Malaga WINE,
672 Boxes Muscatel RAISINS,
992 do BLOOM do.
108 Jars GRAPES,
49 bbs. Sun RAISINS,
30 Sacks soft shell ALMONDS,
50 Quarter Barrels FIGS,
45 Kegs ANCHORIES.
Also,
10 gr. Casks Colmenar WINE,
10 Hds. 2d. quality SUGAR.
Terms, Cash for all sums under two hundred dollars, above
that sum 60 & 90 days credit, for approved paper.
W. B. LAMB.
November, 20. 294
AUCTION.
On Friday the 22d day of November,
WILL BE SOLD ON COMMERCE STREET WHARF,
The Sale to commence at 10 o'clock.
The remainder of the Cargo of the Brig Nancy,
From the Cape of Good Hope, consisting of the following articles, viz.
100 Casks of CAPE WINE.
20 do. of do. of very superior quality.
5 do. of MUSCAT.
5 do. of CONSTANTIA.
44 do. of ALOES.
19 do. of TAMERINDS.
4 do. of BRANDY.
Terms—All sums exceeding 1000 dollars, 4 & 6 months—
all sums above 500 and under 1000 dollars, 2 & 4 months—
all sums above 100 and under 500 dollars, 60 days—
all sums not exceeding 100 dollars, Cash—Approved Notes
with indorsees, will be required.
John Granbery, V. M.
October, 18. 295
To Mr. ROBERT GILMOUR, surviving partner
of LOGAN & GILMOUR,
SIR,
I have obtained a commission from the Court of Norfolk
County, to take the depositions of Thomas Newton, John
Owens, Alexander Love, William Porter, and James
Matthews, to be read in evidence if a suit in Chancery, brought
by me, as Administrator de bonis non of Richard Kelsick,
against you, and now depending in that Court—As you do
not reside within the Commonwealth, and have no known
Agent or Attorney, within the State, to whom notice of the
time and place of the taking the depositions can be given—in
conformity to the Act of Assembly, I do hereby notify you,
that between the hours of eight in the morning and six in the
afternoon, of Tuesday the 10th day of December next, at the
office of Robert B. Taylor, in the Borough of Norfolk, I shall
proceed to execute the commission aforesaid, and take the
depositions of the witnesses before mentioned.
I am your obedient Servant,
Richard Kelsick,
Administrator de bonis non of
Richard Kelsick.
November 20. 293
Just received and will be delivered to the Subscribers, the 4th volume of
WASHINGTON'S LIFE,
On application at the Counting House of the subscriber, in
Holt's Lane, near the Main Street. There are a few copies
of the 1st, 2nd, and 3rd volumes on hand, and the 5th volume
will be on soon, with the maps of the battles, &c. JAMES TUCKER.
November 15. 281
TO RENT,
(And immediate possession given,) A Convenient Dwelling House, near
the Presbyterian Church, lately occupied by Thomas New-
ton, jun. Esq. It is in a pleasant part of the town, has a
large garden and necessary out-houses, and a good well of
water. For terms apply to John Brown,
Marsden's Wharf.
November 13. 279
THE Assembly of Virginia, having passed an act, authorising Commissioners to run a Canal from Bouch-
Creek to the channel of Elizabeth river—which canal, in the way it has been run, interferes with the rights of the land-
holders on that creek and on the river, stripping some of
rights to land by their original deeds, previous to the running
this canal, and adding to the possessions of others—A peti-
tion will be presented to the ensuing Assembly, for the ap-
pointment of Commissioners to examine into the direction of
the canal, and to effect a restoration of the rights of all those
persons who have suffered by its present course. November 13. 278
FOR SALE—A FLOAT,
260 Barrels Superfine, } FLOUR.
5 do. Fine, } IN STORE,
10,000 Bushels Bonavista SALT.
James Herron.
November 15. 280
CLARK'S Packet will sail for
New-York on Wednesday next.—For freight or pas-
sage, apply to the master on board, or to
Nov. 20. Richard Bowden, & Co.

FOR RENT. (Possession whereof will be given the 1st of December.) The Three Story Fire-Proof WARE- HOUSE on Maxwell's wharf, at present occupied by Mr. Allmand.—A Tenement on Town-Point, conveniently accommodated for the residence of a small family, possession may be had immediately—and the Dwelling-House, Wharf, Warehouse, and Lumber Yard in the town of Portsmouth, in the occupancy of Mr. Jordan Marchant.—The last mentioned property will be disposed of separately or together, and possession delivered on the 1st day of January next. John Nibson. November 11. 3w 263
A FEW BALES OF KENDAL COTTONS, are just received by J. & W. Southgate. ALSO—A FEW CASES OF EXCELLENT MARTINIQUE CORDIALS. November 11. 1m 268
LADIES FASHIONABLE SHOES. SEVERAL Trunks of Ladies plain and fashionable LACED KID SHOES, and Gentlemen's fashionable London made do. just received by the ship Planter, Captain Boush, and for sale by Gilliat & Mackinder. September 9. tf 136
LIVERPOOL SALT, &c. &c. FOR SALE, The Cargo of the Ship Jane, William Gilley, Master, from Liverpool—consisting of 12,000 Bushels STOVED SALT —Loose and in Sacks. 100 Crates QUEENS WARE —Assorted. 25 Casks NAILS —3d. to 20. 5 Bales BLUE KERSEYS. 3 do. BLUE PLAINS. 2 do. low priced BLUE & BROWN CLOTHS. 10 do. DUFFIL BLANKETS —Assorted. 10 do. ROSE BLANKETS do. 3 do. BLUE DUFFILS. 18 Tons COAL. William Pennock. November 8. tf 261
HUNTER & GATEWOOD, Have received per Ship Jane, Captain Gilley, from Liverpool, the balance of their supply of FALL AND WINTER GOODS, Which in addition to their former importation from London, makes their assortment general and complete—it consists of almost every article of useful and fashionable goods too tedious to enumerate, which they offer for sale, at their Store No. 129, Main Street, by Wholesale and Retail, on the lowest terms for cash, or short payments. November 8. tf 262
150 Firkins Choice Philadelphia BUTTER. For Sale by James Maurice & Co. October 23. tf 225 Hibbert's Porter and Brown Stout. Received per the Ship Shepherdess, from London, a further supply of Hibbert's best bottled Porter & Brown Stout. Robert Maitland, & Co. November 6. 6w 256
NEW BEEF. The Subscribers have just received and offer for sale, 100 Barrels NEW BEEF, Boston Inspection. Phinehas Dana, & Co. November 1. tf 247
FOR RENT, And possession given the 1st January next, or sooner if required, A convenient Dwelling House, with a spacious Garden, in the fields, leading to Smith's Point, at present occupied by Mr. James M'Kinnell.—For terms, application will be made to William Plume, & Co. November 6. tf 254
FOR SALE—BY THE SUBSCRIBER, 75 Puncheons Winyard Island RUM. 6 do. 4th proof Old Jamaica do. 5 do. New-England do. 20 Pipes Best Holland GIN 3 Hogheads and 24 Barrels Country do. 8 Pipes 4th proof Cognac BRANDY. 1 do. do. Alicante do. 10 Quarter Casks Sherry WINE. 17 Pipes Fine Old Sicily do. 70 Crates well assorted EARTHEN WARE. 12 Hogheads do. assorted for family use. 12 Casks GLASS WARE—well assorted. 200 Sacks Liverpool SALT—Also, 70 Hhds. Richmond and Petersburg TOBACCO. 35 do. Lowland do. 104 Barrels superfine } FLOUR. 90 do. Fine } 27 do. SHIP STUFF. A. Maclure. August 7. tf 43
REMOVAL. JAMES TUCKER, Has removed to No. 1, HOTT'S LANE, near MAIN-STREET, WHERE HE OFFERS FOR SALE, ON REASONABLE TERMS, HIS STOCK IN TRADE, CONSISTING OF A GENERAL ASSORTMENT OF HARDWARE, NAILS, &c. May 8. tf 659
LANDING THIS DAY ON OUR WHARF, From on board the Maria & Mary, from Grenada, 86 Puncheons RUM. 20 Hogheads MOLASSES. 1 Puncheon SHIRUB. 1 Barrel LIMB JUICE. And from on board the British Brig Brothers, from Kingston. IN STORE, 50,000 lbs. Prime Jamaica COFFEE. 36,000 lbs. Porto Rico do. 20 Barrels Baltimore LOAF SUGAR. 150 Barrels superfine FLOUR. 50 Hogheads Petersburg TOBACCO. 20 Puncheons Grenada RUM. 20 Barrels Prime PORK. 25 Bales UP and COTTON. All of which we will dispose of on moderate terms. C. & F. Whittle. August 2. tf 33
COCKE & SANFORD, No. 40. Main-Street. Have imported in the Brig Triton, from London, an extensive assortment of FASHIONABLE FANCY GOODS, Which they offer by Retail or Wholesale, at very moderate prices for prompt payment. October 18. 2m 215
BUENOS AIRES HIDES, Now landing from on board the Ship Nancy, Capt. Laurence, from Rio de la Plata. For sale by William Pennock. September 4. tf 143
NOW LANDING ON NEWTON'S WHARF, From on board the Brig Brothers, Capt. Dunn, from Jamaica, 124 Hogheads, } PRIME JAMAICA SUGARS. 11 Barrels, } For sale by William Pennock. August 2. tf 37 40 Barrels New-York Prime PORK, Received per Schooner Rising States, Captain J. Newcomb. For sale by Phinehas Dana & Co. October 7. 190
NOTICE. THE Subscriber being desirous to close his unsettled accounts, requests all those who have accounts against him to present them at his office for adjustment, and persons indebted to him to make immediate payment. John Hamilton. October 14. tf 201
FALL AND WINTER GOODS. GILLIAT AND MACKINDER, Have received by the Ship PLANTER, Boush, from London, and FREDONIA, from Liverpool, their supply of FALL AND WINTER GOODS, And will be Sold on low terms, for Cash, or approved Acceptances in Town—Amongst which are 17 Bales of Napt Cottons. 16 Boxes Boys' and Men's Hats. 18 do. of Rose Brackets. 6 Trunks of Manchester. 8 do. Stripe do. 4 Boxes Cutlery, assorted. 9 do. White and Red Flannels. 30 Casks Shot. 10 do. White Plains and Kenseys. 130 Kgs of Gunpowder. 12 do. Blue do. 40 Casks Nails. 14 do. Blue & Green Half Thick. 4 do. Seine Twine. 6 do. Stripe and Grey Coatings. 6 Trunks Men's and Women's Worsted Hose. 2 do. Yarn Hose. 3 Bales of Ozanburgs. 2 do. Carpeting and Carpets. Fleecy Hosiery, for Ladies' and Gentlemen's wear. 8 do. Mixed Feanaughts. Muslins, Dimities, Calicoes, &c. &c. The above packages are well assorted. September 16. tf 145
BRITISH CONSUL'S OFFICE, Norfolk, Virginia, August 31, 1805. HIS Britannic Majesty's Consul to the State of Virginia, in consequence of instructions by him received from his government, hereby gives notice, to the merchants concerned in the trade to His Majesty's Dominions, that according to the terms of the Act of the 37th of the King C. 97, no British built vessel captured by His Majesty's enemies, afterwards purchased by citizens of the United States, and sailing under a Sea Letter can be admitted to entry under the said Act, as an American vessel. John Hamilton. 114
TO RENT OR LEASE, (And possession given immediately.) THAT convenient Dwelling House, formerly occupied by Mr. John Davidson, on Brewer-Street—together with a large Garden, and all convenient out houses. For terms, apply to James Tucker. WHO HAS FOR LEASE, A VALUABLE LOT OF GROUND, On Commerce and Little Water Streets. September 6. tf 129
FALL AND WINTER GOODS. RICHARD TAYLOR, Has received by the Ships Fredonia & Dumfries, from Liverpool, his WOOLENS AND HARDWARE. AND ALSO, By the Brig Triton, Captain Fraser, from London, An extensive choice assortment of FASHIONABLE GOODS. All of which he offers for Sale, by Wholesale and Retail, on the lowest terms. October 18. 2m 213
TO RENT. THE Store, Cellar, and Counting Room, No. 41, Main-Street, at present occupied by Messrs. GILLIAT & MACKINDER. Apply to Thomas Willock. April 1. tf 347
FOR SALE, A very handsome SADDLE MARE, who goes well in harness—also, a SADDLE HORSE, remarkably easy in all his gaits.—Enquire at the Office of the Ledger. November 6. 2m 257
TO BE SOLD, On Friday the 22nd day of this instant, at the house of the subscriber, on a credit of 3 months, for notes to be punctually paid, with approved security—the following property, viz. CORN, Fodder, Husks, Horses, Cows, Sheep, Hogs, Oats, Household and Kitchen Furniture, and Plantation Utensils of all kinds —I do hereby forewarn all persons from harbouring or employing any of my Servants, which have been absent from me for some time back.—All those to whom I am indebted, are requested to bring forward their accounts before the day of sale, and likewise request all accounts against John Hunter, deceased, of Princess Ann county, to be presented to me, but I do not intend to make myself responsible for any debts, but my own. John Wayman. Princess Ann county, November 13. 276
NOTICE. PETITIONS will be presented to the next General Assembly of this State, for the following objects, to wit: 1st.—To alter the present mode of electing the Common Council of the Borough of Norfolk, and to subject the voters to fines for non-attendance. 2nd.—To enable the Mayor, Recorder, and Common Council to enforce, by bye-laws, similar to those in Alexandria, the paving of the streets, and more effectually to remove nuisances and improve the health of the town. 3rd.—To extend the jurisdiction of the Corporation Courts, so as to allow process for apprehending criminal and fugitives, to be served any where upon the waters within the limits of the Port of Norfolk and Portsmouth. 4th.—To authorise the Corporation Court to keep or let out the right of Ferriage from the Borough of Norfolk, to the opposite shores of Elizabeth River and Hampton, and to apply the profits thereof towards the support of an Hospital for the reception of indigent sick persons (not belonging to any vessel) who may be seized with the Yellow Fever, or other diseases incident to seafaring towns. 5th.—Further to amend the Charter of the Borough of Norfolk, in such manner that the same person may be re-elected Mayor from year to year not exceeding three years; and, together with the Aldermen, to receive such compensation for his and their services as the Common Council shall deem reasonable, to be paid either out of the general funds of the town, or by a tax upon law process, bills of health, and so forth. 6th.—For an amendment of the Dock Law, so as to permit the fixture of Flood Gates at the Lower Bridge, on the back Creek, to keep in or let out at will, the water, for the greater comfort of the surrounding inhabitants, as well as for the improvement of the navigation of the creek below the bridge. 7th.—To amend and explain the Acts of Assembly respecting the appointment and duties of Harbour Masters, in such manner as shall in future prevent any interference between those who may be appointed by the County Courts, and those to be appointed by the Courts of the Corporation—letting each to depend upon their own industry, "as to bringing vessels to their mooring in the harbour," but not to interfere with vessels already bound to, or which may be at the wharves or docks of the other. October 21. 249
JUST RECEIVED, By the ship Roba & Betsey, Capt. Richardson from London, and for sale by the Subscriber, A LARGE SUPPLY OF DRUGS AND MEDICINES, of all kinds. Patent Medicines, Perfumery, &c. &c. Also received by the ship Almina, Capt. Stover, A LARGE ASSORTMENT OF SURGICAL INSTRUMENTS, Consisting of Amputating, Trepanning, Cupping, Midwifery, Tooth of different sorts, Crown and Common Lancets, and Surgical Pocket Instruments &c. &c. HARDHAM'S SNUFF, No. 9. Also, by the ship Olive Branch, Capt. Le Breton from Bristol, A LARGE & EXTENSIVE ASSORTMENT OF GLASS & FURNITURE, For Apothecary's and Practitioner's Shops. Those who favour us with their orders will be supplied on the most reasonable terms, and the articles of the best and freshest quality, as our importations are regularly twice a year, and laid in with cash, from the most respectable Druggists in London. MEDICINE CHESTS made up as usual. Also, a few elegant Mahogany Chests of the newest construction, with furniture complete, PERRY'S ANTI-BILIOUS PILLS. Frederick Heermann & Son. July 17. 2m 12m 1
MRS. MACDOUGAL, INFORMS her friends and the public, that she has taken that handsome house belonging to Mr. Roberts, in the centre of Market Square, where she will receive Boarders on moderate terms—the strictest attention will always be paid to the diet rooms, and lodging, and every endeavour used to render a transient or permanent abode at her house satisfactory. September 25. tf 169
FOR SALE, BY THE SUBSCRIBER, AT HIS LUMBER YARD ON CALVERT'S WHARF, 700,000 SALE SHINGLES. 50,000 BUILDING do. 50,000 STAVES—White and Red Oak. 10,000 CYPRESS PALES. 5,000 CEDAR and CHINQUEPIN POSTS. Also—shall keep a supply of PLANK AND SCANTLING. Thomas H. Parker. August 19. tf 77
LANDING At the Subscriber's Wharf, from on board the Ship Ann, 200 Gross BOTTLES. 35 Boxes WINDOW GLASS. 9000 Bushels COALS. For sale by A. Maclure. September 4. tf 142
TO RENT, And possession given the first of September, A LARGE and commodious three story Brick House, in Church-Street, at present occupied by Mr. Henon, the first floor is completely fitted for a Store and Counting Room, and the upper part well calculated for the residence of a genteel family, with two kitchens, all other necessary out houses, and a paved yard. For terms apply to William Plume & Co. August 19. tf 86
NEW CUT-NAIL MANUFACTORY, ON TOWN POINT, A small distance below County Wharf, Wide Water Street. THE Subscriber has, at a considerable expense, fitted up, in addition to his other business, a complete set of machinery, adequate to finish 300 to 600 lbs. of Nails daily. He is also provided with a good stock of Iron; and with a sufficient number of skilful workmen. He has on hand a constant supply of Nails, Flooring Brads, and Sprigs, which he offers for Sale at the reduced prices as follows, by the keg, viz. 10d, 12d, 20d, Nails, 9d per lb. 8d. do. 9d per lb. Sheathing do. 7 1-2d per lb. 6d. do. 10d per lb. 4d. do. 9d per M. 3d. do. 2s 7 1-2d do. 2d, 10d, 12d, and 20d, Brads, 8d per lb. 6d. do. 4d per M. 4d. do. 5s per M. 3d. do. 8s 7 1-2d do. 2d. do. 9s 7 1-2d do. ALSO—HOOP AND BAR-IRON ASSORTED. LEVIN DORSEY. March 18. tf 508
TO UNDERWRITERS, MERCHANTS, &c. THE Subscriber, Proprietor of the Royal Gazette and Balama Advertiser, published at Nassau, has been, and purposes to continue transmitting, by every opportunity, early and correct information to subscribers in Europe and America, of the arrivals, clearances, captures, and misfortunes, that may happen to vessels about these and the different West India Islands. As the procuring and forwarding such information, will occupy much time, and be attended with considerable expense—to insure this attention, it will be necessary that men interested in mercantile and other information, should subscribe with liberality to his Gazette. It is published twice a week, price eight dollars and a half per annum. One half in advance. SUBSCRIPTIONS Will be received in London, by the proprietor of the Courier; at Liverpool, by Messrs. T. & J. Moss, merchants, and the proprietor of the Mercantile Chronicle; at Greenock, by the proprietor of the Advertiser; at Dublin, by J. Wilson, Esq. American Consul; in Savannah, by the proprietor of the Museum; in Charleston, by the proprietors of The City Gazette, The Courier, and The Times; in Norfolk, by the proprietor of the Publick Ledger; in Baltimore, by Mr. G. Douglass, and the proprietors of the American; in Philadelphia, by Mr. C. P. Wayne, and the proprietor of the True American; in New-York, by T. & J. Swards, E. Sergeant & Co. and the proprietors of the Morning Chronicle, and of the Daily Advertiser. ROBERT WILSON. Nassau, (New-Providence,) June 28.
TO PRINTERS. I WILL DISPOSE OF A FONT OF BURGEOS TYPE, Upon which the Publick Ledger is at present printed. It consists of about 600 lbs. WELL-ASSORTED LETTER, with French and Latin accents; has been carefully used; and is almost as good as when new. Should the whole be too much, any one who might incline to purchase ONE HALF, will please to make application, by letters paid, or personally, at this Office. The terms will be liberal, and a credit will be given, if required, to a purchaser who can give good security in Norfolk or Baltimore. John Cowper.
COW-POX. THOSE persons who wish to avoid catching the Small-Pox which now exists in this Borough, are informed that the subscriber has again succeeded in introducing the Vaccine Infection, and that he now has several arms fit to inoculate new market. He has returned to his old shop at the lower end of the new market. George Balfour. Nov. 16. 386
NORFOLK BOROUGH: At a Quarterly Session Court, continued and held the 30th day of August, 1805. Alexander Maclure, John Robinson, and Daniel R. Waddey, trading under the firm of Daniel R. Waddey & Co. Caps. Again, Gilbert Robinson, and James Brown, Merchants, trading as partners under the firm of Robertson & Brown, and Robert Dickson, Administrator of Henry Cayan. THE Defendants Robertson and Brown, not having entered their appearance, and given security according to the Act of Congress, and the Rules of this Court, and it appearing to the satisfaction of this Court, that they are not inhabitants of this Commonwealth: On the motion of the Complainant by their Counsel, it is ordered, That the said Defendants Robertson and Brown, do appear here on the fourth Monday in November next, and answer the Bill of the Complainant, and that a copy of this order be forthwith inserted in some Newspaper printed in this Borough, for eight weeks successively, and posted at the front door of the Courthouse of the said Borough: And it is further ordered, That the Defendant Robert Dickson, Administrator of Henry Cayan, deceased, who hath effects of the said Robertson and Brown, in his hands, do not pay, convey away, or secret such effects, but retain them until the further order or decree of this Court, concerning the same. (A Copy, Teste.) 127 WILLIAM SHARP, C.N.B.C.
NORFOLK BOROUGH. At a Quarterly Session Court continued and held the 30th day of August, 1805. William Pennock, Compt. In Chancery. Against Jean de St. Maria, Robert Law, Defs. The defendant Jean de St. Maria, not having entered his appearance, and given security according to the Act of Assembly and the rules of this Court—and it appearing to the satisfaction of the Court that he is not an inhabitant of this Commonwealth—On the motion of the complainant by his counsel, it is ordered, that the defendant Jean de St. Maria, do appear here on the fourth Monday in November next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted in some newspaper printed in this Borough for eight weeks successively, and posted at the front door of the Court-House of the said Borough—and it is further ordered, that the defendants Robert Lawrence, and Theo. Armistead, who have effects of the said Jean de St. Maria, in their hands, do not pay, convey away, or secret such effects, but retain them until the further order or decree of this court concerning the same. (A Copy, Teste.) 126 Teste, W.M. SHARP, C.N.B.C.
MARTIN FISK, Has just received by the late arrivals from London and Liverpool, and for sale, 100 crates Crockery Ware, well assorted, 150 kegs F & FF Powder, 5 tons Shot, 150 casks Wrought Nails 4. 6. 8. 10. 20d. 60 kegs White Lead, 50 bolts Oznaburghs, 20 casks Hibbert's Porter, 50 boxes Short Pipes, 1500 lb. Seine Twine, AND A GENERAL ASSORTMENT OF HARDWARE & CUTLERY. ON HAND, 20,000 lbs. Prime Green Coffee, 25 Hhds. Muscovado Sugar, 10 do. Loaf do. 30 chests Hyson } TEAS. 15 do. Hyson Skin } 10 do. Young Hyson } 8 do. Imperial } 10 Hhds. Old Antigua Rum, 60 barrels Rye Whiskey, 30 do. Apple Brandy. October 4. tf 184
THIS DAY LANDING, From on board the Schooner Eagle, Captain Gross, from Bourdeaux, 160 Casks CLARET. 981 Cases assorted do. 66 do. do. White do. 80 Baskets SWEET OIL. 2 Trunks and 3 Cases Ladies' and Men's SHOES. 8 Cases Mene' and Children's Silk and Beaver HATS, assorted. DEMJOHNS, ALMONDS, NUTS, &c. &c. For sale on liberal terms, by John & James Galwey, Commerce-Street Wharf. WHO HAVE ON HAND, 75 Boxes White & Brown Havana SUGAR. September 6. tf 128
FOR SALE, On board the Ship Peter, lying at my Wharf, 1239 Sacks Liverpool filled SALT. 22 Crates EARTHENWARE. A quantity of Stone Jugs, Bottles, and Butter Pots. A. Maclure. September 16. tf 148
NOTICE. ALL Persons indebted to the Estate of Captain Thomas Clark, deceased, are requested to make immediate payment, and those having claims against it, to furnish their accounts properly authenticated to Alexander Clark, Adm'or. October 30. tf 241
REMOVAL. THOMAS LUMSDEN, Watch-Maker, &c. HAS removed from No. 3, Water-Street, to the Brick-House at the corner of Rothery's Lane and Main-Street, opposite Captain Pennock's, and lately occupied by Doctor Hodges.—Grateful for favours experienced, assures his friends and customers that every effort will be exerted to merit a continuation of their patronage. October 23. 3m 227
THE SUBSCRIBER Having opened Tavern in the EXCHANGE COFFEE HOUSE, will be glad to take in TEN OR TWELVE GENTLE BOARDERS by the year. Peter Kemp. May 8. tf 654
LANDING, Out of the Brig Albert, Captain Fraser, from Madeira, 10 Pipes, } Branded 10 Hogheads, } M. M. 40 Quarter Casks, } Of the first Old London Particular Madeira WINE, warranted equal to any imported—For sale by Robert Dickson. September 11. tf 140
FOR SALE, On board the Brig Two Friends, — Boylan, Master. 26,000 BRICKS. 4,000 PAVING TILE. 240 GIN CASES. William Pennock. October 25. tf 228
NORFOLK: PUBLISHED THREE TIMES A-WEEK, BY WILLIAM DAVIS, FOR THE PROPRIETOR, OPPOSITE THE EXCHANGE COFFEE HOUSE. Price Five Dollars and Fifty Cents yearly, in advance.