Norfolk gazette and publick ledger (Norfolk [Va.]), 1809-01-23 00:00:00

NORFOLK GAZETTE AND PUBLICK LEDGER.  SINT HIC ETIAM SUA PREMIA LAUD.
[VOL. V.
MONDAY EVENING, JANUARY 23, 1809.
NO. 81.]
THEATRE.
On Wednesday Evening next, the 25th instant, the Theopian Society, will perform the justly celebrated Drama, of the
POINT OF HONOUR; OR, SCHOOL FOR SOLDIERS.
In act 4th, a solemn Military Procession, accompanying the Deserter to the place of Execution, with New Scenery, painted for the occasion by some of the members of the society.
To conclude with the humorous Entertainment of the WRANGLING LOVERS.
Doors will be opened at half past four, and the performance commence at half past five o'clock. Tickets at One Dollar, to be had at Mr. Klein's store; at the Ledger and Herald offices; and at the Theatre.
FOR BOSTON. The FINE NEW BRIG FRANKLIN, Capt. Tallman, to sail in a few days.—For passage only, apply to the captain on board at Commerce Street Wharf. January 18.
Dr. Tissot's celebrated Gout and Rheumatic Drops.
The Gout, Rheumatism, Lumbago, and the various disorders of the same nature, are so exquisitely painful, and so difficult to be cured, that they have justly excited the utmost stretch of medical investigation. Some professional gentlemen have excelled in one department of the sciences; others in another. Dr. Tissot particularly has long been renowned for the superiority of his prescription in chronic diseases, and the length of time which elapsed during his sole attention to the nature and effects and cure of these affections, render the medicines which he recommended of invaluable importance. The beneficial effects of these drops, have been so often experienced, and their extraordinary efficacy has been attested by witnesses so numerous and so unimpeachably credible, that incredulity itself cannot doubt the virtue of Dr. Tissot's Gout and Rheumatic Drops. Large quantities have already been vended, and the sale is now become so general, and their certainty in curing the disorders of a chronic nature is so completely ascertained, that certificates of their unbounded utility are now unnecessary. Testimonies of their value, and a volume of attested cases performed by them, may be seen upon application at T. W. Deyott's genuine Drug and Patent Medicine Warehouse, No. 57, South Second-street, Philadelphia.
The price of Dr. Tissot's Gout and Rheumatic Drops, is only two dollars per bottle, with copious directions. Generous allowances made to those who buy to sell again. Of the many respectable testimonies of the effects of the above Drops, which have been received by the proprietor, we beg leave to annex the following:
Certificate of General Ridgely of Hampton. I certify that having received a blow on my knee, which induced severe pain and swelling, I was advised to apply to Dr. Tissot's Gout and Rheumatic Drops, and on bathing the part with them only a few times, agreeably to the directions, they effected a perfect cure. Another time my wrist was affected with rheumatism to such a degree, as to render my hand for the time useless, when on application of the same remedy in like manner, the disorder in the course of twenty-four hours was entirely removed.
I therefore, from the experience I have had of the efficacy of said medicine, consider it a beneficent act to recommend it in similar cases to others.
(Signed) C. RIDGELY, of Hampton. Certificate of John Gibson, Esq. one of the Directors of the Farmers' Bank of Maryland.
I certify that about a year since, my foot received an injury by a fall; in a few hours after it was affected with a most excruciating pain, so that I was unable to walk, with crutches. I was apprehensive that this accident would induce a severe fit of the gout, with which I had been frequently attacked. In this situation one of my friends highly recommended and earnestly advised me to apply Dr. Tissot's Gout and Rheumatic Drops; I immediately procured them and made the application; in less than three hours the pain entirely abated, which had been so severe, as to deprive me of sleep for several nights. By a few further applications, a perfect cure succeeded. I have frequently since in other cases, both used them myself, and recommended them to others with invariable success.
(Signed) JOHN GIBSON. Certificate of Mrs. Mary Taylor.
I, Mary Taylor, No. 135, Plum Street, Philadelphia, aged upwards of seventy years, having been afflicted with very violent rheumatic pains for more than eight years, being recommended to apply Dr. Tissot's Gout and Rheumatic Drops, on only using half a bottle every rheumatic affection was completely removed, and I have continued free from all pain ever since; as witness my hand.
MARY TAYLOR. The above drops are sold wholesale and retail only by BONSAL, CONRAD, & Co. Norfolk.
ALSO, DR. ROBERTSON'S Patent Stomachick Wine Bitters.
Celebrated and well known for their superior qualities in restoring weak constitutions, destroying Worms, cleansing and strengthening, giving a proper tone to the Stomach, and increasing the appetite—a frequent use of them is a certain preventative against those complaints so common in the spring and fall. Such as intermitting fevers, agues, autumnal fevers, dysenteries, &c. &c. They are particularly serviceable to those who make long sea voyages, and are exposed to unhealthy climates, as a powerful preservative against contagious disorders.
PRO BONO PUBLICO.
Patent Water-Proof Brunswick Blacking, prepared with oil, which softens, preserves, and beautifies the leather. Words cannot set forth its just praise, nor can its transcendent qualities be truly known, but by experience; it is especially calculated for, and particularly recommended to sportsmen and gentlemen who are exposed much to the wet—Also for cleaning Harness, as it will effectually prevent the water from penetrating, preserve the leather from cracking, and render it supple and pleasant to the very last, giving it also a beautiful jet black gloss, a proof of which may be seen at the warehouse.
The above Blacking is prepared and sold only by T. W. DEYOTT, at his Medical Warehouse, No. 11, North Second-street, Philadelphia; sold also by his appointment, at BONSAL, CONRAD, & Co's Hook-Store, Norfolk; and at SOMERVILLE & CONRAD'S, Petersburg.
Where also may be had, The IMPERIAL WASH,
Add new invented LIQUID, For taking out stains, and preserving the quality and colour of saddles, and tops of boots. May 20. Lawly
PORTLAND, (MAINE,) JANUARY 7.
Anniversary of "Dignified Retirement."
Monday last, completed one year since the hydra of oppression, the monstrous offspring of fanatical, theoretical philosophy, commenced its baleful reign in this town—since the arm of industry and the spirit of enterprize were paralyzed under the iron grasp of despotick laws—since the first open avowal of that spirit of hostility to commerce which subtle policy had, for a long time, but very ill concealed. This first anniversary of national debasement, was noticed in this town with appropriate demonstrations of mourning and distress.
A respectable committee, composed principally of ship masters, who are coerced into "dignified retirement" from the ocean, by the restrictive energies of administration, had been previously chosen to make suitable arrangements for the obsequies of American commerce and national honour.
The bells were tolled during the day, and the flags of the shipping displayed at half mast. At ten o'clock, a procession, under the direction of 14 marshals with suitable badges of mourning, was formed in Fore-street, at the bottom of Union-street, in the following order:
A ship dismantled, guns housed, flags half mast, cans inverted on the mast head, with "O-grab-me" painted on her stern, and "Embargo" on her sides, drawn by four white horses in mourning, the ship's bell tolling.
Musick—drums muffled, playing Roslin Castle. Committee of arrangements, with mourning sashes.
Ship's mates and mariners, Merchants, Mechanicks, &c.
In this order the procession moved, "with melancholy step and slow," thro' the principal streets to Fort-hill. The ship was then shifted to her proper position, her guns run out, the American ensign displayed at mast head, and the captain assumed the quarter-deck; the disgraceful labels "O-grab-me," and "Embargo," were torn off, and on her stern appeared a Phoenix, with a label in its beak, inscribed, "Spirit of seventy-five revived;" surmounted by the American Eagle.—The ship thus renovated, and the musick freed of restrictions, the favourite revolutionary air of Yankee Doodle.—When arrived opposite the custom-house, the subjoined address was delivered from the quarter-deck by the captain, who is every inch a sailor. The loud applause with which it was received, attested its excellence. They then proceeded to Union wharf, from the extremity of which the ship was launched, upon the bosom of the undulating wave. After firing a salute of 13 guns, the procession dispersed. The marshals and committee of arrangements returned to the spot where the procession was first formed, and dispersed also.
Minute guns were fired from the hill during the time the procession was moving thither. The utmost regularity and order prevailed through the day. A contemplation of the scene mingled painful and pleasing emotion—the mind involuntarily reverted to the gloomy period of '75—our oppressions are similar, and the people equally jealous of their rights—and determined in their defence.
In the evening the committee and marshal, repaired to major Burnham's inn, where they were joined by several gentlemen of the town. After a suitable repast, the sentiments of the company were expressed in a number of very neat and appropriate toasts.
The following is the address:—
Ahoy there, ship-mates—heave too, and let us take a view of our present ship-wrecked situation. It is, I think, about twenty years since we first signed articles in this ship; and I'll venture to say, that at that time a better ship never floated, or a more able commander ever walk'd a quarter deck. You well remember, shipmates, he was not one of your cabin-window gentry, who skulk in the lower hold when the ship is on a lee shore; he knew well when and how to take in sail, and make sail, in all weathers; and never lay to but two months* during an eight years cruise, at the end of which he returned the ship and all of us safe in port, laden with one of the richest cargoes that ever floated the ocean.
You well recollect, shipmates, we had but one flagging match on the cruise, and that was occasioned by a mutinous Genoese,† who well deserved hanging at one of the yard arms. Our next commander was, if possible, nearly as good as the first, and every inch a sailor: In the four years cruise we always had a full allowance of grog, and though that sly rogue, monsieur Johnny Patate, often tried to get the weather-gage of us, our skillful commander managed the ship so well, that he always got him under the lee, and more than nine times out of ten, caused him to strike to our then proud flag.
I need not tell you what our last commander has been: you all know he is no sailor's friend. His first orders were to haul all our time frigates in the mud of the Potomac at Washington, and leave us to the mercy of every picaroon that traversed the ocean.—His only substitute is a parcel of mud-turtles, or terrapins, or what he is pleased to call gun-boats, which he styles the defence of our ship's company. These, you know, are mostly dismantled, and lying in Clay-pot, and such navy docks, and those afloat are protecting the embargo and not commerce.
It is true, in our last eight years cruise, we have sailed about five of them with a tolerable good breeze, and smooth sea—but no thanks to him for that; you all know as well as I it was not owing to his courage or good conduct, for when he and all of us, as you know, saw the squall gathering over the French coast, he did not even call all hands on deck;
* Alluding to the Embargo in 1794. † Western Insurrection, and Gallatin.
but left us to the mercy of it, and when the storm did come on, what did he do then? Why, d—n me, lay the ship to, a hull, and even launch'd his topmasts, when he might have carried single reef'd topsails. This, you see, shipmates, has been the cause of all our present distresses; here we have been lying for these twelve months; our grog and provisions are nearly expended, and the ship further from her intended port than ever. It is high time we had a more skillful commander—but this I tell you, shipmates, when our present captain's clerk gets the command, we shall, no doubt, lie here till we have not a stump standing above the deck, or one busent to crack against another. But what signifies whining over our misfortunes—this you know is not the nature of a sailor. Mayhap, some of our messmates, more prudent than the rest, have lain by part of their allowance, and if so, I have no doubt they will freely launch it out, and d—n me but we'll have one good Saturday night yet.
NEW-YORK, Jan. 14.
At a meeting of many thousands of such citizens of the city of New-York, as disapprove of the recent measures of the administration, particularly of the "act making further provisions for enforcing the embargo," at Mechanick Hall, on Friday, the 13th January, 1809.
On motion of Judge Pendleton,
The hon. EGBERT BENSON, Esq.
Was chosen Chairman, and
EDWARD DUNSCOMB, Esq. Secretary.
Mr. Pendleton, in behalf of the committee appointed to prepare and submit to their fellow-citizens certain resolutions for their consideration, in the present alarming crisis of our publick affairs, informed the meeting that the committee was prepared to report.
Ordered, on motion, the same be received and read, and thereupon the following resolutions were read:
"Resolved, That it is always the right of the people, and in times of immediate danger their indispensable duty, peaceably to assemble and declare their opinions upon the measures of the government and the state of our publick affairs.
Resolved, That the United States, placed along an extreme sea coast, and upon the banks of great navigable lakes and rivers, have, by a successful pursuit of commerce, risen in wealth and power with a rapidity, unexampled in the history of nations:—a prosperity, which, under Divine Providence, was owing to the wise and prudent policy of former administrations; who, while they resisted injustice with firmness and energy, cultivated, with good faith and impartiality, peace and friendship with foreign nations.
Resolved, That the conduct of the government in 1798, supported by the people in the measures then adopted, was completely successful, and in an illustrious instance, which can never be forgotten, fully demonstrated that it is always both wiser and safer to repel first aggressions with spirit, than by a tame and submissive acquiescence to invite a repetition of injuries and insults.
Resolved, That if the like conduct had been pursued by the present administration on the promulgation of the decree of Berlin, the consequences would in all probability, have been the same, and the national interests would have been promoted and the national honour preserved.
Resolved, That the acts of congress laying a permanent embargo, are repugnant to the habits, and injurious to the welfare of the people; not to be justified by the state of publick affairs, and inconsistent with the spirit of the constitution.
Resolved, That this and other ruinous measures of the administration have paralyzed every branch of industry, reduced the value of property, distressed all classes of our fellow citizens, extinguished commerce, discouraged agriculture, nearly annihilated the publick revenue and must eventually load the people with heavy and oppressive taxes.
Resolved, That the amendments to the constitution of the United States, declaring that "the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated; and that no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized," and that "excessive bail shall not be required, nor excessive fines be imposed," are essential to the enjoyment of liberty and property, but that the act making further provision for enforcing the embargo, is a violation of the same—Inasmuch as the executive officers are authorised, upon their own mere suspicion, to enter any place (not excepting even our dwelling houses) where specie or goods of domestic growth and manufacture are deposited, and take the same into their custody, or may stop and detain any vessel, or any sort of carriages by land apparently going towards the territories of a foreign power, or towards the vicinity thereof; all which they may do without oath, without the interposition of a civil magistrate, or process of law, and without being obliged to assign any cause for such violence:—Inasmuch as the president, or even any person he may choose by a single mandate to appoint, may call out the land and naval forces of the United States to assist in enforcing this provision of the act—Inasmuch as the president is invested with the power to give secret instructions at his will and pleasure to his various deputies, which are to be their guide in the execution of the said act; which they are bound to obey, and which are to be their complete protection against any appeal to the law of the land at the suit of the aggrieved:—Inasmuch also as in many cases excessive bonds are required, and the citizens subjected to enormous penalties and vexatious suits, in which innocence is no defence, followed by ruinous judgements against which there
is no possible relief, but by application to the mere discretion of the very ministerial officer at whose recommendation this odious law was adopted; in all which and several other provisions of the said act, it is in our judgment arbitrary, oppressive, and unconstitutional.
Resolved, That we are ready to expose ourselves to every hazard, and every sacrifice of life and fortune to preserve the safety, the honour, peace, and liberties of our country.
Resolved, That whilst we cannot forbear to express a wish of confidence in the wisdom and the impartiality of our present rulers, yet in a period of so much difficulty and danger, we feel it our duty, solemnly to call upon our fellow citizens, however aggrieved, to act with the utmost caution and moderation, and to abstain from every thing that might endanger the peace and safety of the country, or put the union of the states in jeopardy.
Resolved, that it be recommended to our fellow-citizens throughout this state, peaceably to assemble in their several counties, to take into consideration the alarming crisis of our publick affairs; to unite with us in our endeavours to obtain a redress of grievances, and, by averting the calamities which threaten our beloved country, restore it to that elevated prosperity and honour, which it enjoyed under our immortal Washington.
EGBERT BENSON, Chairman. EDWARD DUNSCOMB, Sec'y.
A Spanish vessel, bound to New-York, has arrived at New London in a short passage from Cadiz.
In the District Court of Pennsylvania, 13th January, 1808
Present, PETERS, District Judge.
THE UNITED STATES,
vs.
JOSEPH BURN, SAMUEL SOWTH, CALEB
WRIGHT, and JOSEPH LOPEZ.
This was an action of debt upon a bond, given by the defendants, in the penal sum of 16,324 dollars, with condition, that the schooner William and Samuel, Lopez master, sailing under permit from Philadelphia to the Havana, should not violate any of the provisions of the embargo laws, during her voyage. The schooner was seized in the Delaware, after she had left the port of Philadelphia, by Lieut. BIDDLE, commanding Gun-Boat No. 120, for a breach of the embargo, and was, together with her cargo, libelled and condemned.
On Monday last, Mr. DALLAS, the district attorney, called on this cause for trial; but, at the instance of Messrs. HOLLOWELL and MILNOR, the councils of the defendants, a postponement was allowed until to-day, while judgment was rendered, without impanelling the jury, in favour of the United States, for 16,324 dollars, upon a stay of execution for six weeks.
AT PRIVATE SALE,
4,000 bushels Turk's-Island SALT, 20 hhds. LOAF SUGAR. By Sol: Marks, jr.
Dec 30.
The CARGO of the British Schooner
Commerce, captain Collins, consisting of COFFEE and SUGAR.
For Sale by C. & F. Whittle. Dec. 5.
VIRGINIA BANK STOCK.
WANTED TO PURCHASE,
VIRGINIA BANK STOCK,
For which Cash will be given. Application to be made to the SECRETARY of the MARINE INSURANCE COMPANY.
JOHN GRANBERY, President
Office of the Marine Insurance Company of Norfolk, Dec. 14.
MACKINDER & WHITE,
OFFER FOR SALE,
FOR CASH or APPROVED NOTES, 2000 barrels NAVAL STORES, 100 bales Georgia Upland COTTON, 28 bales New Orleans do. 62 barrels APPLE BRANDY, 8 hhds. Richmond TOBACCO, 20 hogheads York-River, do. 24 hhds. Petersburg, do. 100 barrels Smithfield and Carolina PORK, 22 pipes HOLLAND GIN, 9 pipes COUNTRY GIN, 100 boxes FRESH IMPERIAL and GUNPOWDER } TEAS. 40 boxes YOUNG HYSON
And 500 bbls. Fresh Alexandria Superfine FLOUR
ALSO,
A General Assortment of DRY GOODS, suitable to the Season. Nov. 14.
Richard Jeffrey & Co.
No. 66, Main-street, corner of Bank-Street, have just received from London, per the ship Planter,
An assortment of MEDICINES,
of the first quality. Also, a few hundred weight refined Salt-Petre, Hardham's Snuff, No. 9, and 37, in 1-3 and 1-4 pound canisters.
Violet, Benzoin, Windsor and Shaving Soap, Evan's best Crown Lancets, Tooth Brushes of superior kind, Refined Liquorice, &c.
They have on hand, and are in daily expectation of receiving from Amsterdam, all kinds of GLASS WARE, suitable to Apothecaries.
MEDICINE CHESTS for ships and family use, with printed directions, put up as usual.

THE MAILS.—There were no paper's by Saturday's mail north of Richmond; and the mail which ought to have arrived last evening, had not arrived arrived this day at 2 o'clock, P. M.
It will be recollected that most of the democratic papers, pronounced Mr. Canning's letter lately published, to be a vile forgery; our readers will perceive that this letter has since been officially communicated to the President to Congress, which puts an end to any dispute as to its authenticity. By denying the authenticity of the letter, a degree of importance was attached to it, greater, than in our opinion, it really deserves, and which importance is increased by its being withheld when the other communications connected with it were made to Congress.
In the spirit of candour, which we would always wish to observe, we have inserted the observations of the National Intelligencer upon this letter. The quotation from Mr. Pinkney's letter to Mr. Canning of the 23d of August, is certainly at variance with Mr. Canning's letter. Whatever might have been the purport of the former conversations, or Mr. Canning's impressions, it is evident that the proposition for raising the embargo, if the orders in council were revoked, was most explicitly made by Mr. Pinkney in his letter of the 23d of August, and stated to be a formal assurance. It is absurd to say that nothing conclusive could be done until the revocation or modification of the orders reached this country, and that then the President might or might not have raised the embargo, as he pleased. This objection would apply to every negotiation carried on abroad, but in the present case it ought to be remembered, that the powers of the President over the embargo laws were only conditional. It was not permitted to him to have raised the embargo until some assurances at least, that the decrees and orders were, or would be so revoked, or modified, that the President could believe that the commerce of the United States would be in a state of security. Nor does Mr. Canning's letter, formerly published, suggest any difficulty upon this head. In that letter he treats the embargo in the manner which former communications from this government warranted, as a measure in which his government ought not, or could not take any concern, and that it could not consequently become a subject of negotiation between the two nations. This advantage given to Mr. Canning, he very dexterously maintained, mingling with his determination some sarcasms that might have been as well avoided. This, Mr. Canning could not have done, if our government had been consistent in its representations of the objects and views of the embargo; but to represent it is an innocent measure of interior regulation at one time, and then to want to bring it into the account for negotiation at another time—it was treated in the manner that double-dealing always invites, and generally receives.
In respect of the knowledge which our government had of the orders of council being issued when the embargo was recommended by the President, we incline to think that the government had no such knowledge; and as to suspicions, grounded on paragraphs from the London papers, stating that such orders would issue, they certainly did not enter into the President's views, for such paragraphs had appeared in the London papers for months before. The orders, though bearing date the 11th of November, were not published until Saturday, the 14th, and were received at this place by the ship Powhatan, and published in the Ledger of the 26th of January, which induces us to believe that they were not published in New-York as soon as the 17th of January.
The President's Message, recommending the embargo, is dated the 18th of December, thirty-four days after the orders were issued. Mr. Monroe arrived at this place on the 13th of December; by the vessel in which he came, London papers to the 12th of November were received, they took no notice of the orders in council, except a paragraph in the Globe of the 10th, which stated the probability of such orders being issued. We have never understood that Mr. Monroe, knew of those orders before he left London, but we have always understood the contrary. The government might indeed, have expected such orders would issue, as the British government were satisfied that no notice would be taken of the Berlin decree.
The most serious charge made by Mr. Canning, is the misrepresentation of his conferences with Mr. Pinkney; to know in what manner this is repelled, we must wait until we see Mr. Pinkney's answer, promised in the Alexandria Daily Advertiser of the 20th, (received by captain Palmer) from which we copy the President's communication and documents accompanying, that appear in this day's paper.
The reader is referred to our first page for the New-York Resolutions, which are to be commended as firm and temperate. All attempts to procure a redress of grievances except in a legal and constitutional mode, is to be reprobated. It may be the policy of ambitious men, to drive those who are
oppressed and injured into violent measures, but those who are opposed to the present measures, will have sagacity to perceive the object, and patriotism to reject all means which the laws and the constitution do not sanction.
Robbery of the Mail detected.—We are very happy to learn, from the information of a letter from Edenton, that a discovery has been made, which accounts for the frequent robberies of the mail, between this place and Newbern, which have been committed for some months past. These robberies appear to have been committed at an inconsiderable post-office at Lee's Mills, between Edenton and Plymouth, by a person by the name of Stubbs, who has unfortunately made his escape. The letter adds, that should he be apprehended, but little doubt remains, that there will be sufficient proof, to effect his conviction.
The following report is copied from Dunlap's Daily Advertiser of 8th February 1792, made by Mr. Jefferson, while Secretary of State. We shall insert the report, and then offer some remarks, which it has suggested:—
"The Secretary of State, to whom was referred by the House of Representatives, the petition of Samuel Breck and others, proprietors of a sail cloth manufactory in Boston, praying that they may have the exclusive privilege of using particular marks for designating the sail cloth of their manufactory, has had the same under consideration, and thereupon Reports, that it would, in his opinion, contribute to fidelity in the execution of manufactures, to secure to every manufactory an exclusive right to some mark on its wares, proper to itself. That this should be done by general laws extending equal right to every case to which the authority of the legislator should be competent. That these cases are of divided jurisdiction, manufactures made and consumed within a state being subject to state legislation, while those which are exported to foreign nations, or to another state, or into the Indian territory, are alone within the legislation of the general government. That it will, therefore, be reasonable for the general legislature to provide in this behalf by law for those cases of manufacture generally, and those only, which relate to commerce with foreign nations, and among the several states, and within the Indian tribes. And that this may be done by permitting the owner of every manufactory, to enter in the records of the court of the district, wherein this manufactory is, the name with which he chuses to mark or designate his wares, and rendering it penal in others to put the same mark to any other wares."
"TH: JEFFERSON, Secretary of State."
"December 9." Our readers, will recollect that Mr. Quincy, with equal truth, and eloquence, contended that that part of the embargo law, which regulates the transportation of produce or manufactures of a state, from one port of that state, to another port of the same state, was unconstitutional, as legislating on produce and manufactures made and consumed within the same state, which Mr. Quincy insisted was subject to state legislation, while the powers of the general government, in the words of the constitution, were limited "To regulate commerce with foreign nations, and among the several states, and among the Indian tribes." And so thought Mr. Jefferson in 1792, or if his friends please, so thought that great man, under whose judgment, or orders, in this case, he might have acted. In 1792, so tender were the general government of the state rights, that the innocent permission of using a particular mark for a piece of canvass, was denied. With the recollection of this report, it would appear strange that Mr. Jefferson could sanction a law, that regulates and controuls the exportation of fifty bushels of coals, and ten barrels of flour from Richmond to Norfolk, for the use of the inhabitants of the latter place, and yet nothing is more true, than that the collector at Richmond, may under the embargo laws, aided by the Secretary of the Treasury's instructions, deprive the people of Norfolk of bread and fuel, or regulate and controul the quantities of each. It is nothing to say that this has not been, nor will not be done, the answer is, that the power to do so, not being granted by the constitution, neither the law nor the Secretary's instructions ought to give such powers.
DIED at Fredericksburg, on the 11th instant, after a long and painful illness, which he bore with uncommon resignation and fortitude, CHARLES YATES, Esq. at the very advanced age of 81 years. He was, perhaps, the oldest inhabitant of that town, and was for many years a merchant of the first respectability and probity. He has left a large circle of friends, who will long lament their loss.
[The following letter, represented to be from Mr. Canning to Mr. Pinkney, has made its appearance in the New-York Gazette, with these introductory remarks:—
"This letter establishes two IMPORTANT FACTS, which ought never to be forgotten. The first is, that the offer of Mr. Jefferson to raise the embargo on the rescinding the orders in council, was only communicated to Mr. Canning by Mr. Pinkney in his INDIVIDUAL capacity, in a verbal communication, and with an expression of a belief only, that his government would raise the embargo IF the British government would FIRST remove their obnoxious orders in council. The second fact is, that Mr. Pinkney (in reply to Mr. Canning's request for the information)
"states unreservedly, that when the president recommended the embargo, he had no information of the passage of the British orders in council now complained of."
"We are even more astonished at the profligate falsehood of these assertions, ostensibly penned by an American, than at the hardihood of the British minister, whom we had, during the course of the last summer, occasion to detect in the most distinguished misrepresentation and distortion of facts. The coincidence of misrepresentation can only be accounted for by the ascription of the letter as well as the comment to the same foreign feelings."
The falsehood of the first allegation will abundantly appear from a reference to the documents recently published, from which the following extract will suffice:
Mr. Pinkney, in his note to Mr. Canning, bearing date the 23d of August, precisely a month anterior to the date of Mr. Canning's extraordinary letter, says—
"I had the honour to state to you, sir, that it was the intention of the president, in case Great Britain repealed her orders, as regarded the United States, to exercise the power vested in him by the act of the last session of congress, entitled, "An act to authorize the president of the United States, under certain conditions, to suspend the operation of the act laying an embargo on all ships and vessels in the ports and harbours of the United States, and the several supplementary acts thereto," by suspending the embargo law and its supplements, as regards Great Britain."
"I am authorised to give you this assurance in the most formal manner; and I trust that upon impartial enquiry, it will be found to leave no inducement to perseverance in the British orders, while it creates the most powerful inducements of equity and policy to abandon them."
If Mr. Pinkney is to be credited, Mr. Canning has most egregiously misrepresented him on this point. And if on this point, there is equal reason to infer that he has equally misrepresented him on the other; nay, stronger; for in this last instance, however unimportant the fact in dispute, let it be recollected, that the opposition in this country had taken the ground contended for by Mr. Canning, who, in this part, as in every other of the controversy between the two governments, appears most wonderfully to have co-operated with the American malcontents. Whether the government of the United States had a perfect knowledge of the orders of November 11th, previous to the imposition of the embargo, is of no importance; but it is certain that they were in existence time enough to have reached this country before that event, and that the government, as well as the people, knew of their existence, and enough of their contents to justify, with other causes, the embargo.
On the general tenor of Mr. Canning's letter, it will be fair for the reader not to decide until Mr. Pinkney's answer shall appear. From the late date of Mr. C's note, it may be presumed that Mr. Pinkney's reply had not reached the United States when the documents were laid before congress.
National Intelligencer. [Here follows Mr. Canning's letter to Mr. Pinkney, published in our paper of Friday last.]
To the Senate and House of Representatives of the United States—
I communicate to congress certain letters which passed between the British Secretary of State, Mr. Canning, to Mr. Pinkney our minister plenipotentiary at London. When the documents concerning the relations between the United States and Great Britain were laid before congress at the commencement of the session, the answer of Mr. Pinkney to the letter of Mr. Canning, had not been received, and a communication of the latter alone would have accorded neither with propriety nor with the wishes of Mr. Pinkney. When that answer afterwards arrived, it was considered that as what had passed in conversation had been superseded by the written and formal correspondence on the subject, the variance in the statements of what had verbally passed was not of sufficient importance to be made the matter of a distinct and special communication. The letter of Mr. Canning, however, having lately appeared in print, accompanied by that of Mr. Pinkney in reply and having a tendency to make impressions not warranted by the statements of Mr. Pinkney, it has become proper that the whole should be brought into public view.
TH: JEFFERSON. Jan. 17, 1809.
London, Sept. 24, 1808.
SIR, I am now enabled to transmit to you a copy of Mr. Canning's answer, received only last night, to my note of the 23d of August.
This answer was accompanied by a letter of which also a copy is enclosed, recapitulating what Mr. Canning supposes to be "the substance of what has passed between us at our several interviews previous to the presentation of my official letter."
To the accompanying paper I think it indispensable that I should reply without delay. Supporting with politeness, but with firmness, the statements, which I have already had the honour to make to you, of the conversations in question, and correcting some errors upon points, which Mr. Canning has thought fit to introduce into his letter, but which I had not supposed it necessary to mention in detail in my dispatches.
I shall not detain Mr. Atwater with a view to this reply; but will take care to forward a copy of it by an early conveyance. My official note and the answer to it being perfectly explicit, Mr. Canning's misapprehensions (for such they are) of previous verbal communications can scarcely be very important in a publick view; but it is, nevertheless, of some consequence that, whatever may be the object of his statement, I should not make myself a party to its inaccuracies, by even a tacit admission of them.
I do not perceive that a formal reply to the more official paper can now be of any advantage; but I shall probably take occasion to combine with my reply to the one paper some observations upon the other.
I regret extremely that the views which I have been instructed to lay before this government, have not been met by it as I had at first been led to expect. The overture cannot fail, however, to place in a strong light the just and liberal sentiments by which our government is animated, and in other re-
spects to be useful and honorable to our country.
I have the honour to be, With the highest consideration, Sir, Your most ob't. humble servant, WM. PINKNEY. Hon. James Madison, &c.
[Here follows the letter of Mr. Canning to Mr. Pinkney, already published.]
Great Cumberland Place, September 24, 1808.
SIR, I have the honour to acknowledge the receipt of your answer to my official note of the 23d of last month, relative to the British orders in council of January and November, 1807, together with a statement of "the substance of what passed between us at our several interviews, previous to the presentation of that note."
I shall lose no time in transmitting to my government copies of both these papers, upon the last of which I will take the liberty, in the course of a few days, to trouble you with some observations. I have the honour to be, With the highest consideration, Sir, Your most obedient servant, WM. PINKNEY. The right hon. George Canning, &c. &c.
LONDON, October 11, 1808.
SIR, I have the honour to transmit enclosed a copy of my reply to Mr. Canning's letter to me of the 22d of last month, accompanying his official answer of the same date to my note of the 23d of August. I have the honour to be, With the highest consideration, Sir, Your most obedient humble serv't, WM. PINKNEY. Hon. James Madison, &c. &c.
Mr. Pinkney's answer to Mr. Canning's letter in our next.
RETAKING OF THE SCHOONER LIBERTY. The officer and men belonging to the Wasp sloop of war, who were put on board the schooner Liberty, of Brewster, which was advertised in this Gazette of the 5th instant as stolen from the harbour of Plymouth, and mentioned in our last as taken by the Wasp, off Race Point, arrived in town on Tuesday night last from Provincetown, where she (the Liberty) put in, owing to head winds. They are said to state, that on Monday night, a party of about forty "Indians," headed by "Blue or Red Jacket," boarded the Liberty, put the Wasp's officers and crew ashore, and then took the "Liberty" to put to sea. These "Indians" are said to be descendants of the "aborigines" who destroyed the TEA in the year 1774.—New-York paper.
From the United States Gazette. MR. BRONSON.
The author of "Considerations on the Abolition of the Common Law," has done me the honour of asking my acceptance of his work. I have read it with satisfaction, because it is calculated to increase the reputation of the writer, as well by the laudable motives which gave rise to the exertion, as by the ability of its execution.
But while I admire the work and approve the motives which led to it, allow me Mr. Bronson, to take this public way of suggesting my entire disapprobation of attempts to reason down the enemies of our common law. Sir, few people will read these long dissertations on the strictness, utility, and necessity of the common law, compared with those who read the scurrilous liels and distorted representations of it in the daily vehicles of folly and falsehood, which delude and disgrace our country. In a villain escapes, it is by common law. If he is punished, a patriot or republican suffers by the common law. Its delays are stigmatized by the very wretches who profit by it, and lay hold of them; the justice of it, by those whose fraud it discovers. In all periods of English and American history, the law has been a butt for folly, and a stalking horse for dirty ambition. From Jack Cade to Shays, and from Shays to Leib, a host of worthies could be enumerated, all eager to distinguish themselves by pulling down the fabric of our laws, and giving to their unhappy country a new edition, from their own most wise and pure conceptions. Now, Mr. Bronson, allow me seriously to propose this advice. Let these reformers of the common law have fair play. Give them an opportunity of presenting a substitute.
Were I in the legislature of that wise state, Pennsylvania, I would say, come on Leib, I second your resolution, "that the laws of Pennsylvania should be reduced to writing." All the favour I ask is, that we may be allowed the benefit of such law as we have, to be administered as well as our judges know how, until you and your wise associates shall present the world with a book of law adapted to determine all cases which shall arise between man and man in all his relations. Leib and his associates could ask for nothing more to their purposes than this. I should say to them now gentlemen, take your own course—employ, consult, whom you please—take, what time you please: none less: bring forward your book at the next day or any subsequent session—and the wise delegates of Pennsylvania will look it over, and if preferable to the law we have, no doubt adopt it.
Mr. Bronson, I am perfectly serious in this cause. Be assured that this incessant alarm against common law—is but the vile stalking horse of empty but ambitious demagogues. A vast many ignorant people, are beguiled to believe in these pretenders, and to lay all the ills of society to the account of the common law. Hence the prejudices against the judiciary, the bar, and the best and only practicable system of jurisprudence. We may indeed say, these people are ignorant; they ought not to be gratified; but we should remember that they constitute the majority of voters. It is by availing themselves of this prejudice and ignorance that such hollow-hearted reformers as Duane, Leib, & co. carry on their electioneering projects.
Now by attempts to put down the project of abolishing the common law, in order to substitute a book of statutes made by the legislature, the purposes of the demagogue are completely effected. He well knows that the project is impossible, & would be ruinous if it were possible; but still it serves to promote his popular-

city, I mean low popularity (and that answers his purpose) by affecting to maintain that it can and ought to be done. The author of considerations, has fully proved the absurdity and even impossible nature of such a plan. Why then not proffer to these deceivers the task they solicit. Nothing will satisfy the American people of the futility and even criminality of such measures, so completely as to appoint Dr. Leib, Wm. Duane, and as many more as you please, commissioners with full power to report to the next legislature, a digest system of written law, to govern judges and juries or arbitrators, in all points whatever. Surely this can do no harm to existing institutions, and the author of considerations should know, that the moment this authority is given to them, we shall hear no more of the abolishing of the common law forever.
CONGRESS.
SENATE.
Monday, Jan. 18.
A bill for making further provision for the corps of Engineers.
Be it enacted by the senate and house of representatives of the United States of America in congress assembled, That so much of the 27th section of the act, entitled "an act fixing the military peace establishment of the United States," as provides that the corps of engineers shall be stationed at West Point, in the state of New York, shall from and after the 1st day of next be, and the same is hereby repealed, and thereafter the said corps of engineers constituting the military academy, shall be removed under the direction of the President of the United States from West Point, and stationed at Washington, in the district of Columbia.
Mr. Mitchell moved to strike out the latter member of the section, and in assigning his reasons for the motion spoke in terms of high eulogium on the excellence of the military academy, the learning of the professors, and the acquirements of the students. He declared himself one of its warmest friends, and professed his willingness to appropriate funds for its better endowment. But he wished it to remain at West Point, a place famous in the history of the revolution, and which he hoped would be continued as the head quarters of tactics and engineering. Mr. Mitchell extolled the healthiness of that charming spot, and dwelt with emphasis on its scenery, where in the beautiful, the picturesque and the sublime are incomparably blended. He pointed out the singular fitness of the place for practical exercises both on land and water, and calculated to render cadets familiar at a safe and easy rate, not only with perspective, drawing and geometry, but with the use of field pieces, cannon, howitzers and mortars. West Point he said was that precise spot where the teachers and the pupils were in the proper situation between seclusion and society. They could have the one or the other as they pleased, and he should consider it as an injudicious vote to remove this hopeful seminary, from the celebrated seat where it had so long existed, and had thriven so well, to the less auspicious place contemplated in the bill. He hoped the fortress which had resisted the treason of one of the most distinguished revolutionary commanders, would be continued as the centre of military science, and be the resort of all the young marshal spirits who visit the temple of science on their journey to the field of glory.
On the question for striking it out, the motion was negatived, to wit:
Yeas—Messrs. Gullman, Goodrich, Hillhouse, Howland, Ketchel, Mathewson, Mitchell, Parker, Robinson, Smith, of Maryland, Smith, of New-York, Turner—12.
Nays—Messrs. Anderson, Bayard, Bradley, Conditt, Crawford, Rankin, Galliard, Gregg, Milledge, Meigs, Moore, Pope, Smith, of Tenn. Sumter, Thruston, White—16.
THE TWO MILLIONS.
Gen. SMITH, of Maryland, said, that as our government was predicated upon the will of the people, it was the duty of government to give to the people every necessary information of measures pursued by it. And this had become the more necessary, not only as newspapers, but also as gentlemen of very high respectability in the several states, firmly believed, and had positively asserted, that the two millions of dollars appropriated by the act of 21st February, 1806, for the purchase of the Floridas, had actually been sent to France or Spain as a present. Mr. Smith said, that in his travels to the eastward, during the last recess, he found many respectable persons as firmly believing this report, as they did any fact known to them. To remove this impression from the public mind, (for this falsehood is universally circulated) he moved the following resolution:
Resolved, That the president be requested to direct the proper officers to report to this house the measures which have been adopted to carry into execution the "act of congress of 21st February, 1806, appropriating two millions of dollars for defraying any extraordinary expenses attending the intercourse between the United States and foreign nations," particularly whether the said two millions of dollars, or any portion thereof, was sent in specie, or bills of exchange, to either France, Spain, Holland, or any other country, for the purpose of carrying into execution the said act, and also to what object the sums so remitted have been applied, or were authorised or intended to be applied.
Ordered to lie on the table.
Gen. SMITH said that no gentleman in this house believed this report, because each one knows that not one cent of this money was ever drawn out of the treasury in specie, or by bills, or in any other manner.
HOUSE OF REPRESENTATIVES.
Saturday, January 14.
The documents from the senate on the subject of the naval establishment, were ordered to be printed.
The house now agreed to take up the report of the committee of the whole of yesterday on the amendments from the senate—43 to 39.
Mr. NICHOLAS moved to postpone the consideration of the subject till Monday, that the documents might be printed—54 to 31.
The house resolved itself into a committee of the whole, on the bill for the relief of sick, disabled, and distressed seamen—Mr. DESHA in the chair.
The blank for the sum to be appropriated for the purpose, was filled with $200,000—68 rising in the affirmative.
The committee having rose and reported the bill, the filling of the blank with 200,000, (after considerable discussion, in which the measure was very ably supported by Mr. NEWTON and others, and opposed by Mr. GARDENIER and others,) was agreed to—Ayes 69.
Mr. D. R. WILLIAMS moved to add to the clause making the appropriation the following words: "and that the same shall be refunded to the treasury of the United States out of sums as may accrue to the fund for the relief of disabled seamen." The amendment was modified on the suggestion of Mr. QUINCY, by adding to it the words: "if such sums and in such manner as may not defeat the general purposes for which such fund was established." The amendment as modified was agreed to.
Mr. STEDMAN moved to add to the bill the following sentence, which he conceived would make the bill conform to the secretary of the treasury's letter on the subject: "And shall be expended therein in proportion to the amount collected in each [port] on account of the fund for sick and disabled seamen, during the year 1807." This was objected to by Messrs. Macan, D. R. Williams and Newton, who declared it would defeat the object of the bill, and if adopted would compel many to vote against the bill. Mr. Stedman desirous that the bill should pass withdrew his amendment.
And on the question shall the bill be engrossed for a third reading, it passed in the affirmative—Yeas 54—Nays 24. The bill was ordered for a third reading on Monday.
The Speaker presented to the house a representation of sundry inhabitants of Dunstable, in Massachusetts, remonstrating against the mode of choosing electors as lately practised in that state.
Mr. SEVER presented a similar representation from sundry inhabitants of Canton, in the same state, of the like tenor; as did also Mr. BARKER from sundry inhabitants of towns in Plymouth and Norfolk, in Massachusetts, of a similar tendency; they were ordered to lie on the table.
An engrossed bill for the relief of sick, disabled and distressed seamen, was read the third time and passed, Yeas 66—Nays 30.
Mr. LOVE presented a petition from the surveyor of the customs for the port of Nanjemoy, in the state of Maryland, praying an increase of fees, &c. It was referred to the committee of commerce and manufactures.
On motion of Mr. BLOUNT, it was resolved that the committee of post offices and post roads be instructed to enquire into the expediency of establishing a cross post from Centreville, in Queen Ann's county, to Queen's Town, in the said county.
The house went into committee of the whole on the bill for dividing the Indiana territory into two separate governments, Mr. W. ALLSTON in the chair. Several amendments were made and reported by the chairman to the house, and the bill was ordered to be engrossed for a third reading to-morrow.
Mr. VAN HORN presented the memorial of sundry inhabitants and proprietors of lots or parcels of land in George-Town and its vicinity, (Columbia,) stating sundry objections to the provisions of the bill pending before the house supplementary to the act entitled "an act to amend the charter of George-Town," praying the same may be revised and amended, &c. It was committed to the committee of the whole to whom said bill was referred.
The house went into committee of the whole on the bill for the relief of Edward Beemont, Mr. PIRKIN in the chair; it was reported to the house without amendment, and ordered to be engrossed for a third reading to-morrow.
The house resumed the consideration of the amendments proposed by the senate to the bill, entitled "an act authorizing the appointment and employment of an additional number of navy-officers, seamen and marines." Whereupon,
The first amendment, to which the committee of the whole house reported their disagreement on the 13th instant, being again read at the clerk's table, in the words following, to wit:
Sec. 1. In the 2d—After the word "assembled," insert as follows: "that there be fitted out, officered, manned, and employed, as soon as may be, all the frigates and other armed vessels of the United States, and gun-boats: That the president of the United States be authorized and empowered to cause the frigates and armed vessels, so soon as they can be prepared for actual service, respectively, to be stationed at such ports and places on the sea-coast, as he may deem most expedient, or to cruise on any part of the coast of the United States or territories thereof, and"
After considerable discussion, the question was taken, that the house do concur with the committee of the whole house in their disagreement to the said first amendment—and it was carried in the affirmative—Yeas 68—Nays 55. This decided the fate of all the other amendments from the senate, which were successively voted out, and the bill, precisely in the shape it had originally gone to the senate, was before the house, when an adjournment was called for and carried.
Monday, January 16.
NAVAL ESTABLISHMENT.
On motion of Mr. STORY, the house took up the report of the committee of the whole on the amendment of the Senate to the bill authorizing the president of the United States to employ an additional number of seamen and marines.
The question having been stated on concurring with the committee of the whole in their disagreement to the first amendment of the Senate in the following words:
"That there be fitted out, officered, manned, and employed, as soon as may be, all the frigates and other armed vessels of the United States, and gun-boats: That the President of the United States be authorised and empowered to cause the frigates and armed vessels, so soon as they can be prepared for actual service, respectively, to be stationed at such ports and places on the sea coast, as he may deem most expedient, or to cruise on any part of the coast of the United States, or territories thereof."
Mr. MIENON explained the reasons why he should vote differently from his vote on a former occasion. He wished that the house would not concur with the committee of the whole in their disagreement to the first amendment.
Mr. STURGES assigned the reasons for his vote in a speech of about twenty minutes.
Mr. STORY made a speech of about an hour and a quarter in favour of the amendments from the Senate.
Mr. RHEA (T.) spoke against them.
Mr. D. R. WILLIAMS replied to Mr. Story in a speech of near an hour.
Mr. SMITH spoke on the same side for about fifteen minutes.
Messrs. Bacon, Lyon and Durell, each spoke a short time in favour of the amendments from the senate.
The question was then taken on concurring with the committee of the whole on their disagreement to the first amendment of the senate, and carried by yeas and nays, as follows:
YEAS—Messrs. Alexander, W. Alston, Bard, Bassett, Blackledge, Blount, Boyd, Boyle, Brown, Burwell, Butler, Calhoun, G. W. Campbell, Chittenden, Clopton, Culpepper, Deane, Desha, Eppes, Franklin, Gardiner, Ghudson, Goodwyn, Gray, Hester, Hodge, Holland, Howard, Johnson, Kenan, Kirkpatrick, Lambert, Lloyd, Macon, Marion, McCreery, D. Montgomery, N. R. Moore, T. Moore, J. Morrow, J. Morrow, Nelson, Newbold, Nicholas, Porter, Pugh, Randolph, Rea, (P) Rhea (T.) J. Richards, M. Richards, Seaver, Smelt, Smith, J. Smith, S. Smith, Southard, Standiford, Taylor, Updegraff, Verplanck, Wharton, Whitehill, Wilbour, D. R. Williams, A. Wilson, N. Wilson, Winn—68.
NAYS—Messrs. Bacon, Blake, Clay, Cutts, Danna, Davenport, Dawson, Durell, Elliot, Ely, Findley, Fisk, Gardner, Goldsborough, Green, Harris, Holmes, Humphreys, Isley, J. G. Jackson, R. S. Jackson, Jenkins, Jones, Kelly, Key, Lewis, Livermore, Lyon, Masters, Milnor, J. Montgomery, Moseley, Mumford, Newton, Pitkin, Quincy, Riker, Rowan, Russell, Shaw, Sloan, J. K. Smith, Stedman, Storer, Story, Sturges, Swart, Taggart, Thompson, Troup, Van Allen, Van Cortlandt, Van Dyke, Van Horne, Van Ransselaer—55.
So the amendment of the senate was negatived, by a majority of thirteen.
The other amendments of the senate were severally negatived. The yeas and nays were taken on the amendment for inserting 4440 seamen instead of 2000—yeas 41—nays 72.
The bill of course is now sent back to the senate, as it originally went from this house, divested of the amendments which that body had made, and simply authorises the employment by the executive of two thousand additional seamen and marines.
TUESDAY.—A message was received from the Senate, informing the house that they insist on their amendments to the bill for employing an additional number of seamen and marines, and that they have appointed a committee of conference on their part to confer with a committee of the house of representatives on the subject. The house did not act on the message.
[In going over our late London papers, we omitted the following article: no intelligence had been received to the date of our last papers to refute or confirm what is therein stated.]
LONDON, November 18.
Important Intelligence from Spain.
We have been favoured with the substance of the official reports of the late actions in Biscay, as transmitted to the Spanish government. They establish a very important fact, namely, that general Blake attacked the enemy on the 5th instant, and not on the 4th, as has been stated, and completely defeated them. The extent of his victory was not ascertained, as there are no later accounts from him than of the morning of the 6th, when he put the whole of his army in motion in pursuit of the enemy. They also dispel the rumour that 700 of the Spanish troops from the Baltic had been cut to pieces. There was not a regiment of these engaged in the battle of the 31st. They did not join general Blake's army until after its retreat from Bilbao.
The following is the substance of the official account, from which we are enabled to establish the preceding facts.
"On the 31st of October, four divisions of general Blake's army was attacked by 23,000 French. After fighting as became valiant Spaniards during the whole day, general Blake, in order to prevent being surrounded, determined to fall back and to form a junction with the divisions of the Asturians and the Marquis de la Romana. The retreat was conducted in the best order, without the loss of cannon, colours, or prisoners. They halted during the night of the 1st of November, at Bilbao. General Blake having resolved to take post at Valmaseda, the army marched on the 2d for another position, where it was joined by the Asturians, the troops of the North, and the fourth division of Galicia; a small detachment having been left at Bilbao. On the 3d, the French appeared before that city in great force, and the few troops that were there evacuated it in good order, and fell back on Valmaseda.
"In the action of the 31st, all the divisions displayed the greatest gallantry, in maintaining their position against a very superior force during the whole day, with unexampled energy, and left the field of battle with reluctance; the enemy, notwithstanding his superiority, was unable to gain a foot of ground. The loss of the Spaniards was considerable, but that of the French much greater; so that they were incapable of molesting the Spaniards in their retreat, which was effected in the most orderly manner, without the loss of a single knapsack.
"The army being concentrated at Valmaseda, general Blake received information, on the 4th, that a division of the enemy, consisting of 10,000 men, was marching on the heights of Ontara, with a view of cutting off a division of his army posted in that place. He therefore put his troops in motion at day break of the 5th, and at one o'clock attacked the enemy. After an obstinate battle, which lasted till dark, he completely put them to the rout, with great slaughter, and the loss of many prisoners, one howitzer, two ammuni-
tion waggons, and a considerable quantity of provisions. Till eleven o'clock of the night of the 5th, when the dispatch was sent off, prisoners and baggage continued to be brought in. The number and rank of the prisoners cannot be exactly stated, as our troops continued the pursuit, and there were the best founded hopes they would be able to capture a great part of the French division, who finding their retreat by the high road cut off, defiled by the edge of the mountains, skirting the vallies, in which direction they were closely pursued. On the morning of the 6th, all the army marched forward, and earnestly solicited permission to enter Bilbao at the point of the bayonet. We anxiously await the result of this enterprize, which, there is every reason to hope, will prove successful."
The army under general Blake was inferior to that of the French, but displayed a degree of steadiness, resolution, and valour, which afford the most flattering prospect; and those who are incredulous with respect to the comparative numbers, may have their doubts cleared by a reference to the return of this army, published in the supplement to the Madrid Gazette of the 21st of October, as transmitted by general Blake himself; from which it appears, that the number of effective men on the 9th of October was short of 23,000; the sick, absent, servants, the artillery of reserve (a marine battalion), and those appointed to train the recruits, amounting to more than 3000 men, which joined to the above number, constitutes the whole of the strength generally assigned. In this are not included the division of the Asturians, amounting to 8000 men, and the troops from the North that have since joined. It is therefore obvious, that in the action of the 31st general Blake had only 17,000; for deducting from the 23,000 the 4000 of the 4th division who were not in the action, those who garrisoned Bilbao and the out posts in the rear and on the flanks, there remain only 17,000; and these were destitute both of cavalry and artillery, the nature of the country not allowing that description of force to act.
The above is an authentic account of the occurrences from the 31st October to the 6th instant. We shall only add, that major Carroll, in his dispatches to government, affirms, that no troops ever conducted themselves with greater valour and intrepidity than the Spanish soldiers; and as a proof of the patience with which they endured privation and fatigue, he states, that during the above time the Spanish army had no other supply of provisions than a scanty ration of bread, furnished them at Bilbao on the night of the 1st, and some articles of provisions which they collected in the neighbouring mountains; notwithstanding which, the greatest regularity and cheerfulness prevailed: their minds being wholly intent on attacking the enemy, and calling on the general to lead them to Bilbao, to carry it at the point of the bayonet.
The illustrious Blake, who has acquired so much glory since the commencement of his operations, was present in the hottest parts of the battle, exposing his person like a private soldier, wherever necessity required, and cheering and animating the troops. He would not trust to any one else the command of the division which covered the retreat, but conducted it in person. In the same manner he superintended on their arrival at Bilbao, the distribution of the scanty ration furnished to the troops; his own food consisting only of the common rations; and this rule he observed so strictly, that from the 1st to the 3d, during the temporary scarcity, he was the last to receive his allowance, and his only sustenance was a piece of ammunition on bread given to him by his servant.
Major Carroll states, that the retrograde movement on the 1st, besides the object of forming a junction with the divisions in the rear, was also adopted with a view to the concerted operations of the armies of the centre and the right, and that the Galicians expected to return in a few days to recover the ground they had lost, which expectation was fulfilled by their march forward on the following days.
Gazette Marine Memoranda.
ARRIVED.
Spanish sch'r Cervo, D. Mourande, 26 days from St. Jago-de-Cuba, Coffee, John Granbery. Sch'r Ploughboy, Hall, 3 days from Charleston.
The Packet Schooner PLOUGHBOY, Capt. Hall, will sail for Alexandria TO-MORROW.—For passage apply on board at Newton's wharf, or to Jennings & Roddey. January 23.
DEAGLE'S PACKET, will sail for Baltimore in a few days. For passage apply on board at Newton's wharf. January 23.
FOR SALE.
The CARGO of the Schooner Cervo, D. Mourande, Master, from St. Jago de Cuba, COFFEE, in barrels and bags, of the first quality. SEGARS, in boxes—
Now Landing at Commerce-Street Wharf.
John Granbery.
January 23.
SPANISH HIDES.
One Thousand SPANISH HIDES.—For Sale, by Wm. Plume, & Co.
January 23.
SOCIAL ASSEMBLIES.
THE Subscribers to the Social Assemblies, are notified that their next Assembly will be held at the Exchange Coffee House, on Friday evening next, 27th January. January 23.

FOR SALE. By virtue of four separate deeds in trust from Bart. Yates, to satisfy sundry claims, will be sold at Gloucester Courthouse, on Saturday the 4th February next, for ready money. Four likely young NEGRO MEN, two of them are very excellent Blacksmiths, the third a Carpenter, and the fourth accustomed to different sorts of labour.—These negroes are under most excellent characters William Jones, Ex'r. of John Cullett, dec'd.
January 9 The Sale of the above Negroes was postponed on the 24th December, on account of the badness of the weather. W. J.
Valuable Property, for Sale.
On Friday the 3rd day of February, Will be Sold to the highest bidder at the Exchange in Norfolk, the following PROPERTY, belonging to the estate of Phineas Dana, deceased.
That elegant three story fire-proof DWELLING HOUSE, at the lower end of Main-Street, commanding a beautiful view of the river (calculated for the accommodation of two families) and the adjoining LOTS on which are Two Stables and Two Carriage Houses.
A well finished two-story dwelling-house on Bermuda Street
A fire-proof three story Warehouse on Commerce Street
Two small Tenements on Broad-water Street. And one half of the WHARF, lately occupied by Allen Goham. One fourth of the purchase money must be paid on the day of sale, and for the balance approved negotiable indorsed notes will be required, payable at three, six, nine and twelve months, and a deed in trust on the property to secure the payment.
And at the same time will be sold for ready money, the following property, belonging to said estate:
 60 SHARES of NORFOLK MARINE STOCK, 25 do. Bridge Stock.  A PEW in the Presbyterian Church.  A CANAL SHARE and a SHARE in the Norfolk Theatre. 
James Young, Adm'r. to the estate of P. Dana, dec'd. Jan. 4.
Phoenix Fire-Office, Norfolk.
NOTICE.
The following Policies issued from this Office expire on the month of January, 1809, viz:
  283067 283187 283196 283205   69 188 197 206   73 189 198 207   179 190 199 208   181 191 200 209   183 192 201 210   184 193 202 211   185 194 203 247   186 195 204 248 
Richard Taylor, Agent.
January 11.
REMOVAL.
THE SUBSCRIBERS have removed to the end of Newton's Wharf, to the house lately occupied by Mr. Myers.
JENNINGS & RODDEY.
January 11.
Norfolk Draw Bridge Company.
At an annual Meeting of the Stockholders held at the Exchange Coffee House on Monday the 9th instant, the Members declared a dividend of forty-five cents on each Share on the Capital Stock of the said Company, which will be paid to the Stockholders, or their legal representatives, on or at any time after the first of February next.
Wm. Cammack, Treasurer.
January 11.
ADVERTISEMENT.
The GLEBE LAND in the Parish of Portsmouth being without an incumbent, the same will be Sold on Monday the 6th day of February next, on the premises, at 12 o'clock. This Tract of Land contains about 175 acres, and is pleasantly situated at the mouth of Elizabeth River, a proportion of which is cleared, and the balance abounds with good Timber. It is situated about two miles from the Towns of Norfolk and Portsmouth, by land, or water, which renders it a desirable situation.
A credit of 12 months will be allowed the purchaser, agreeable to the Act of Assembly, upon giving bond and approved security to
The Overseers of the Poor Norfolk County.
Jan 4.
For NEW ORLEANS, The American Ship ELIZABETH, 300 tons burthen, Timothy Tufts, Master, in complete order, will be ready to depart the 25th inst. For freight or passage apply to the captain on board, or to
C. & F. Whittle, Who are Landing per Gould's packet, a parcel of Choice Baltimore WHISKEY.
NEGROES will be taken in the above vessel at a moderate freight.
Jan. 4.
FOR RENT.
A Convenient Dwelling House on the Main-Street, near the Bridge, next door to Mrs. Archer.
Also,
That commodious House on Catharine-street, at present occupied by Mr. James Dykes, ad joining the subscriber; they have excellent gardens, and all convenient out-houses.
Also,
A very convenient Dwelling-House, just finished, on Commerce-street. For terms apply to
James Tucker.
August 15.
JOHN PENDREY'S Boot and Shoe Manufactory, No. 70, MAIN-STREET.
The publick are respectfully informed, that he has furnished himself with a quantity of the choicest materials in his line of business, and has in his employ some of the best workmen in the borough, and having been long experienced in the business himself, his factory will not be conducted by proxy; he therefore hopes to merit the patronage of the gentlemen of Norfolk and its vicinity, and assures them that no pains shall be wanting on his part to give satisfaction to those who favour him with their commands. N B. Orders for Double Backstays, single do. and Cossacks, executed with the greatest dispatch. August 1.
FOR RENT, That delightful little FARM, Belonging to the estate of David Patterson, deceased, SITUATED on Elizabeth River and Tanner's Creek, adjoining the land of the quarantine house, containing about 65 acres, the greatest part of which is cleared and fit for immediate culture; has on it a good comfortable dwelling house, kitchen, &c. for a small family, a most excellent garden, apple and peach orchard, and its convenience to the best fish-oysters, and Norfolk market, must render it desirable and valuable.
For terms apply to
D. R. Waddy.
ALSO, FOR RENT, A TRACT OF LAND,
Containing about 260 acres, in the county of Princess Anne, adjoining the tract now advertised for sale by Mr. Tally Robinson. This tract is well timbered and well worth the attention of a good farmer, who might in a short time put it in a state of high cultivation.
And for Hire,
A Valuable BLACKSMITH, With a complete set of Tools. For terms apply as above, or to Capt. Thomas Calvert, near Kempsville. Dec. 12.
NOTICE.
All persons indebted to the estate of David Patterson, deceased, are desired to make immediate payment; and those having claims to render them properly attested, to
D. R. WADDEY, Adm'r.
Nov. 16.
TO HIRE,
A Negro Man
Accustomed to plantation work. Apply to the Printer. Dec. 28.
A BARGAIN OFFERED, In a fine and Valuable FARM, in the County of Princess Anne.
THE Subscriber is disposed to sell his Plantation called LEVEL GREEN, situated in the county of Princess Anne. It contains about 500 acres; and, as it may be advantageously divided into two or three Farms, the subscriber will accommodate a purchaser, in selling either the whole or a part. He will also give a long credit. This tract of Land is certainly the most desirable in the county, lying on the Eastern branch of Elizabeth River, and distant from Norfolk Market only five or six miles by water, and 8 or 9 by land.—The soil is excellent, about one half of the tract being cleared land, and fit for immediate culture; the other heavily timbered with Oak, Pine, Ash, and Hickory.—It has also the advantage of several good landings.—Any one disposed to view the land, and to purchase, may apply, in the absence of the subscriber, to JAMES ROBINSON, or JOHN READ, who reside in the neighbourhood. Tully Robinson.
Dec 7.
Norfolk Borough, At a quarterly session court held the 28th day of November, 1808.
The Marine Insurance Company of Norfolk, PLAINTIFFS, Against Felix Corran, Michael Corran, Noble and Arbuthnot, & co and Theodoric Armistead, DEFENDANTS. In Chancery.
THE defendant Felix Corran not having entered his appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this commonwealth, on the motion of the plaintiffs by their counsel, it is ordered that the said defendant Felix Corran do appear here on the fourth Monday in February next and answer the bill of the Plaintiffs, and that a copy of this order be forthwith inserted in one of the newspapers printed in this Borough for eight weeks successively, and posted at the front door of the courthouse of said Borough: and it is further ordered that the defendants Michael Corran, Noble and Arbuthnot, & co. and Theodoric Armistead, who have effects of the said Felix Corran in their hands do not pay, convey away or secrete such effects, but retain them until the further order or decree of this court. A Copy, (Teste,) Wm. Sharp, c. c. Dec. 2.
TURKS ISLAND SALT.
3000 bushels Turks Island Salt now on board the brig Alert, captain Hatchard, from Turks Island, for sale by William Pennock. Dec. 21.
27,000 feet MAHOGANY,
5 ton LOGWOOD, 5 do BRAZALOTTO, 60 lb. PORTOCESHELL, being the Cargo of the British Schooner Hannah, from Honduras, landing this day on our wharf. And for Sale, by C. & F. Whittle.
*** We will barter 800 hds. Petersburg tobacco for colonial produce Dec 28.
NOTICE.
THE Partnership of T. & W. A. ARMISTEAD is this day dissolved by consent of parties. The settlement of its concerns devolve on W. A. ARMISTEAD, who is authorised to grant discharges, and on whom all persons having claims against the Firm, are requested to call. January 5.
W. A. Armistead and George Kelly, have entered into Co partnership. Their business will be conducted under the Firm of
ARMISTEAD & KELLY.
January 16.
Boot and Shoe Manufactory.
SAMUEL COLEMAN, Opposite the Market, (westward) has received by captain Hand, from Philadelphia, a quantity of the Highest Priced Boot Legs, Vamps, Tops, and other Materials, for his Factory—He has also Seal Leather, which has been in tan seven years; with these, the best workmen he can get, and the greatest care and punctuality, he believes the people of this place and its vicinity, may be as well served as by any factory in the union. His Stock at present is as good as this country can furnish, and he intends to use no other kind, the price of course must be higher, and when the Boots go the money must come, having found in a number of instances that a few days means six or twelve months, and an application even then for the money is ample cause of enmity. He has on hand a large assortment of BOOTS and SHOES. ALSO, SALT, LONDON PORTER, &c. &c. Fresh SHOES from New-York for Ladies, of red, green, and black Morocco, with 1, 2, and 3 ties. JOURNEYMEN WANTED. The best Boot and Shoe Makers, not only such as can, but such as will do the best work in all cases, may meet with as much encouragement in my factory, as in any in this state, for any state in the union north of this. October 3.
Phoenix Fire Office No. 13, MARKET-SQUARE, NORFOLK.
INSURANCE UPON SHIPS.
NOTICE is hereby given that the following premiums only, will henceforward be charged by this company for insurance from fire upon Ships, Vessels, and all Water Crafts, and also upon Cargo on board, in the seaports and rivers of Virginia and North-Carolina.
  One month 12 1/2 cents per $100   Two do. 20 do.   Three do. 25 do.   Four do. 30 do.   Five do. 35 do.   Six do. 40 do.   Seven do. 45 do.   Eight do. 50 do.   Nine do. 55 do.   Ten do. 60 do.   Eleven do. 65 do.   Twelve do. 70 do. 
The above premiums will be charged for any sum not exceeding 40,000 dollars in one risk; but a separate sum must in all cases be specified on the ship and another on the cargo.
Richard Taylor, Agent.
Dec. 19.
DR. ROBERTSON'S
Celebrated Stomachick Elixir of Health. Which has proved by experience, to be the most valuable medicine, ever yet offered to the publick for curing the Gout, Cramp, and wind in the stomach: also a certain cure for the Dysentery, or Bloody Flux, Cholera Morbus, severe Gripings, and all other diseases of the bowels, a dose never fails to remove a cold if taken soon after its first appearance. It is also celebrated for carrying off superfluous bile, removing habitual costiveness, pickens at the stomach, severe head aches, &c. &c.
The following certificates are selected from the many respectable ones lately received by the proprietor, and are now in his possession.
Certificate of Mr. William Julion, carpenter and builder, No. 63, South Fifth-Street, Philadelphia.
SIR—My wishes to promote the interest of Superior merit, and to afford consolation to the afflicted, induces me to request you will lay my case before the publick, as an incontrovertible proof of the astonishing efficacy of Dr. Robertson's invaluable Stomachick Elixir of Health.
I do hereby certify, that I was seized most violently with the dysentery, or bloody flux, which reduced me so much that I was confined to my bed, and became so weak that I could not move without assistance. My situation at that time became seriously alarming, as no relief could be obtained, I was given over, and even death would have been desirable to me, had not a friend of mine, who by chance called to see me, had just recovered from a similar complaint, though not so severe as mine. He informed me that he was cured by taking Dr. Robertson's Stomachick Elixir of Health, and advised me to send to you for a bottle. I immediately did so, and by following your instructions given with the bottle, before I had taken half a bottle, I found myself much relieved, and my disorder greatly abated, and by continuing to take it, in one week I was able to walk out, and in less than a fortnight was able to attend to my business. I therefore recommend every family to be provided with this invaluable medicine, particularly those who live at a distance from the country, where assistance cannot be immediately obtained. As I am convinced that Dr. Robertson's Stomachick Elixir of Health, is the most effectual remedy in the world, I have since recommended it to several of my friends in similar complaints, who have always been relieved immediately after taking it. Should any person with to be more fully convinced of my case, I will with pleasure explain it to them by applying to me. I am with a due sense of the benefit I have received thro' the efficacy of your medicine, Sir, your humble servant, WM. JULION.
MR. DYOTT, Philadelphia, July 15th, 1807.
Certificate of Mr. George Stokes, South Water Street, Philadelphia.
SIR—For the benefit of the afflicted, I think proper to inform you that Dr. Robertson's Elixir of Health, has been to me, one of the most effectual service. I had been a long time afflicted with a pain in my stomach, and continual head-ache, attended with a sickness at the stomach, which brought on a vomiting and lax, which continued on me until I became in a very weak state, without being able to get any relief, until I tried one bottle of Dr. Robertson's Elixir of Health, which entirely cured my disorder, except a weakness and want of appetite, for which I have since taken Dr. Robertson's Stomachick Wine Bitters, which quite restored my strength and appetite, and I now enjoy better health than I experienced for many months before—As I consider your medicines to have been the means of saving my life, I request you to publish my case for the benefit of others, who by abiding by the directions given with your invaluable medicines, will embrace the same means by which I have happily effected my recovery. I am, Sir, your obedient servant, GEORGE STOKES.
MR. DYOTT, Philadelphia, August 1, 1807.
ADDITIONAL CERTIFICATES.
Of Mr. John T. Solomon, Sixth near Race-Street, Philadelphia.
SIR—For the good of the publick and benefit of the afflicted, I think proper to inform you, that having laboured for upwards of six months, under a very bad cough, attended with a difficulty of breathing, pains in my breast and side, and a sickness at my stomach, having lost all appetite, I became so very much reduced in my strength as to be unable to walk. I was considered in a consumption, and given up for a lost man. In this hopeless situation I had recourse to Dr. Robertson's Stomachick Elixir of Health, and to my great astonishment, before I had taken one bottle, found myself very much relieved. I expected a great quantity of phlegm, which has eased me of one of the most violent coughs that ever man had; I have taken it regularly ever since, and now find myself completely recovered, and shall certainly, for the benefit received, recommend it as far as I can, believing it to be a most efficacious medicine in the above complaint. I am, Sir, with great respect, Your obliged humble servant, JOHN T. SOLOMON.
MR. T. W. DYOTT, August 22.
Certificate of Mr. John Lee, Philadelphia.
DEAR SIR—By the administration of Dr. Robertson's Elixir of Health, and that the publick may be acquainted with the good effect I have received from it, I wish you to publish the following:
About a fortnight ago I was seized with the influenza, or a violent cold attended with a pain in my limbs, and a violent cough, which effected on my lungs, and having been for some time before in a weakly state, I expected a consumption must soon have followed, had I not been advised to try Dr. Robertson's Elixir of Health, which has effectually removed my complaint, and I now feel better health than I have for some time before. It is impossible to say too much in favour of this invaluable medicine, as I am clearly convinced it is the most efficacious remedy ever offered to the publick, in the above complaint. I am, Sir, your obliged servant, JOHN LEE.
MR. DYOTT, November 11.
The above Medicine is sold wholesale and retail by the proprietor, T. W. DYOTT, No. 11, North Second-Street, Philadelphia; and by appointment at BONSAL & CONRAD'S Book Store, Norfolk; and at SOMIRVELL & CONRAD'S, Petersburg. May 23.
NOTES OF HAND,
according to the new form established by the Directors of the Office of Discount and Deposit of the Bank of the United States, for sale at this office.
THIRTY PIECES RUSSIA CANNASS, OF THE FIRST QUALITY, For Sale for Cash, by Niemeyer & Von Kapff. January 13.
LOST, Certificates for Stock in the Bank of Virginia, as follows:
 4 SHARES in the name of William Pennock,  2 do. in the name of Sarah C. Pennock,  2 do. in the name of Courtney Pennock,  2 do. in the name of William H. Pennock.  TEN SHARES; for which ten shares application will be made for renewals, according to law.
William Pennock.
January 9. COWPER & GRAY HAVE A LARGE TRACT OF PRIME JUNIPER SWAMP, Adjoining the Lake—which they wish to lease for the term of five years. Terms will be made known on application to G. Gray in Suffolk, or W. Cowper, in Gates. Suffolk, Jan 9.
FOR SALE In our Ware-House, where the largest vessel can come along side,
15,000 bushels of CORN, 8000 do. do. white, 80 bales Cotton.
Also,
4000 bushels coarse SALT, 150 sacks Ground Allum do. 45 hogsheads old Antigua Rum, do. Jamaica do. 40 hogsheads Sugar, 80 barrels do. A few casks excellent Port Wine, Coffee in hogsheads, Madeira Wine, 45 crates Earthenware, Tobacco from several inspections.
GEO. MURRAY, & Co.
September 9.
FOR SALE, 3000 bushels Turk's-Island SALT, Now on board the Sloop Juliana, Capt. Stowe.
Also,
21,000 feet MAHOGANY, A few puncheons Old Antigua Rum, New do. Molasses, Sugars, Indian Meal in barrels.
John Granbery.
September 21.
The CARGO of the British Brig Meanwell, from St. Kitts—Consisting of Prime SUGAR and MOLASSES, For Sale, by C. & F. Whittle.
Dec. 5.
German Linen for Exportation.
NIEMEYER & VON KAPFF, OFFER FOR SALE At their Warehouse in Water-Street, at the corner of Maxwell's wharf, for cash, or approved paper only.
54 packages of German Linen, consisting of
 140 pieces Ornabrigs,  60 pieces Tickenburgs,  500 pieces White Rolls,  900 Heedens,  80 pieces Hessians,  Emitted to Drawback.  1 case Platillas,  1 case Shirt Linen,  1 case Sheetings,  1 case Table Cloths,  1 case Bed-Ticking. 
ALSO,
 40 pieces best Russia Cannass,  65 do. Topgalant Duck,  8000 Coffee Bags,  3,500 Gunny Bags,  90 boxes best Spanish Segas,  50 boxes English Pipes,  700 Straws 1-2 pt. Tumbler,  30-dozen do. Decanters,  350 pieces excellent Oil Cloth,  800 pieces Paper Hanging,  3 cases Port-Wine. 
And at their Store in Main-Street, a great variety of Cutlery and Fancy Articles. Apply as above.
Nov. 9.
FLOUR.
FOR SALE, BY JOHN GRANBERY, AT HIS WARE-HOUSE ON COMMERCE-STREET, A small quantity of very excellent New Flour,
in barrels and half-barrels, now on hand, fit for family use, and a regular supply expected from the Columbian Mills—Richmond inspection.
CASH given for good new flour barrels and half-barrels