Norfolk gazette and publick ledger (Norfolk [Va.]), 1806-09-24 00:00:00

THE PUBLICK LEDGER.
TO SHEW THE VERY AGE AND BODY OF THE TIME, HIS FORM AND PRESSURE. WEDNESDAY EVENING, SEPT. 24, 1806.
LATEST FROM EUROPE.
Our correspondent at New-York, informs us that on the 17th inst. the ship Delaware, Captain Ferrier, arrived at that port, having left Portsmouth the 7th August, and having London passers to the sixth Lauderdale at Calais, and anchored off the pier before that place. Peace was expected immediately, and was very popular. Accounts from the Texel to the 29th of July, state that the Dutch fleet was dismantling.
A Democratick New-Hampshire paper says, that the Federal ticket has succeeded for members to Congress for that state, owing entirely to the inattention of the Democratic republicans. This may be the case, but we believe it is the first time, that the republicans can be charged with indolence on such occasions.
This day came up to Hampton Roads, H. B. M's. Frigate Amazon, one of the fleet under the command of Sir JOHN B. WARREN, who is off our Capes with six sail of the line. Sir John having learned at Newfoundland that the French fleet was on our coast, came in pursuit of it.
In a late paper we stated that Sir Richard Strachan in the Cæsar, was off our coast—this was a mistake, he has not, with four other ships of the line, of his fleet, been heard of since the gale.
This day arrived the sloop Director, Tarlington, in 6 days from Bermuda, left there the following ships of war—Veteran, Magicienne, Petterel, and Indian. As the Director was coming, out a ship with an Admiral's flag, red at the fore, was going in.
The very judicious and elegant REFLECTIONS, republished from the Boston Repertory, in our paper of Friday, have occasioned some movement among the leading democratick papers. The editor of the Enquirer informs us, that these reflections have been attributed to Fisher Ames, Esq. or (as he says in another part of his remarks) some such federal scribbler! Mercy on us! Fisher Ames called a scribbler! a man, whose talents are an honour to his country; whose nervous, yet chaste eloquence, whose brilliant, yet logical arguments, have been unrivalled in that house, of which he was in the true sense of the word an honorable member.
We do not pretend to know who is the author of those reflections, but they are written in a style that will not suffer by comparison, with the most luminous essay that ever adorned the pages of the Enquirer, not even excepting that which is intended as a comment upon them.
It is not our intention to go into an examination of the observations of the editor of the Enquirer; that they have not shaken the positions advanced by the author of the Reflections, will be readily admitted. We were drawn into these remarks from perceiving some gross mistakes into which the editor of the Enquirer has fallen.
He wishes to make out his case as different from fact, as light is from darkness, for he labours to prove that the democrats of the present day, were the founders of the federal government, and that the federalists of this day were its opposers; whereas with the exception of one in a hundred, the anti-federalist of 1788, is the democratick republican of 1806.
Let us hear what the editor of the Enquirer says, and then examine the facts—speaking of the time when the constitution was under discussion, he adds,
"The constitution, however, at length escaped from these parraclal hands. It came forth to the world, under the form, and, excepting the exorbitant powers of the executive, in the substance of freedom. But still it had enemies to contend with."
"Those who had been tories during the revolution; those who had emigrated here from the British dominions, not in search of an asylum from persecutions, but of a market for their goods; and many of those native Americans who had formed mercantile connections in Great-Britain, were arrayed against it."
Among the enemies of the present constitution were "those who had been tories during the revolution." Not knowing the age of the Editor of the Enquirer, we will in charity suppose his assertion as to this point, and to some others, that we shall presently notice, to have been made from the information of others, and not from his own, for the fact is, that those called tories, were almost uniformly in favour of the present constitution. In the range of an extensive knowledge of persons, we cannot call to recollection two of that description, who were not friends, and warm friends to the constitution; and with respect to the British Merchants who were in this country, we never knew an exception; they being all in favour of it; of those of the description of persecuted patriots, we had no knowledge, and if the Editor of the Enquirer will attend to dates, (a thing very requisite for a man who writes history) he will find that the time of (what he would call) persecution, was cotemporary with the French Revolution, some years after the present constitution was adopted, and that therefore, those were in this country, at that time none of those who were in search of an asylum from British persecution.
Those native Americans who had formed mercantile connections in Great-Britain, were also arrayed against it. As the time to which the Editor of the Enquirer alludes, the merchants of this country, and those in Great-Britain, with their other countrymen, were in favour of the present constitution. May we ask the Editor of the Enquirer, if he can point out a single instance, from Savannah to Portland, there were not two
Mercantile Towns that did not return federal members to the Conventions of the respective States. It was in the Towns where the mercantile influence was greatest, and that influence was every where in favour of the constitution. Let any man but turn to the controversial writings of that time, and he will find that among other arguments (if we can call them such) it was urged that the Federal Constitution was supported by "old Tories, British Merchants," and "the Mercantile interest," but that "the true whigs, the men of 1776," and the yeomanry of the country were opposed to it. There are some other "false facts" (as a certain great man would say) contained in the comment, which we shall pass over without notice, conceiving that four in seven lines are sufficient for the present.
Extract of a letter from a respectable gentleman in Curraçoa, dated August 18, 1806.
"Last evening an open boat came in express, with a letter from the commandant of Coro, dated 14th inst. I have been favoured with the following extract from it."
"Miranda has at last evacuated Coro and Lavela; and retired with his shipping. On the 11th inst. a skirmish took place, while his people were taking in water at Rio Negro, in which he lost 20 killed, 17 wounded, and some dispersed in the country."
"The force opposed to him is said to have been 150 regulars, 50 horse, and a body of Indians, how many I have not heard. Report says he had with him 14 armed vessels, and that he is protected by H. B. M. ship Lilly. It is generally supposed that he is gone to Aruba."
Extract of a letter from Curraçoa, dated 19th August, to a respectable merchant in N. York.
"Miranda has been again defeated, and compelled to re-embark, probably with the determination to abandon an enterprize which, it would seem, his enlightened countrymen are not firm enough to encourage, and he has no means of accomplishing on any other principle. I have seen the extract of a letter from the commandant of Coro, mentioning that a skirmish took place on the 11th inst. while Miranda's party were engaged in watering at Rio Negro; that he had 20 killed, 17 wounded, and some prisoners; that his fleet consisted of ships, brigs, &c. protected by his Britannick Majesty's ship Lilly only. They are supposed to have turned to Aruba, but we have no arrival to establish the fact."
Amiable instance of Liberality.
During the latter part of the American war, captain Nelson had the command of a ship on that station, and took a schooner belonging to Plymouth (in America), about forty miles from Boston, the captain of which was put on shore to go to his home. Some time after he observed Nelson sailing up the Bay of Boston, and his prize at a short distance. The captain of the schooner immediately fitted out a boat, put one or two sheep in, and filled it with vegetables with which he sailed for Nelson, and on coming alongside threw the articles on the deck, and jumped on board, and desired captain Nelson to accept them, which he did, but observed to captain Carver that he must have some motive for his kindness, and desired to know what it was? Carver, with doubt and hesitation said he had. What is it? was replied; he answered that he could scarcely expect it, but it was to return him his schooner again, it was his all. Nelson immediately wrote the following certificate, and gave it him:—
"These are to certify, that I took the schooner Harmony, Nathaniel Carver, master, belonging to Plymouth; but on account of his good services, have given him up his vessel again.—Dated on board his Majesty's ship Albermarle, 17th August, 1782. "Boston Bay. HORATIO NELSON."
The above certificate is framed and glazed, and now hangs in a gentleman's parlour at Boston.
From the Western World.
THE KENTUCKY-SPANISH ASSOCIATION, BLOUNT'S CONSPIRACY, AND GEN. MIRANDA'S EXPEDITION.
(Continued from the Ledger of Sept. 15.)
We shall divert the attention of our readers a little in this number from general Wilkinson and John Brown, to his honour judge Sebastian. It has been related that Sebastian after a two year's residence at New Orleans, while a judge of the Kentucky court, returned in 1799. Soon after his return he formed a project in company with Dr. John Watkins, the present mayor of New Orleans, to draw a number of the Kentucky settlers into Louisiana, doubtless, in our opinion, with the design of rendering the connection between this state and the Spanish provinces more intimate, and thus paving the way for his friend Wilkinson, more easily to effect the desired junction. The following is a verbatim copy of the original plan drafted for this purpose, which has been afforded us by one of the members of the company, for the purpose of publication. This member unwarily had subscribed his name to the proposals, along with many others, without reflecting on the evil consequences which must have flowed to the state of Kentucky, from the treasonable scheme if it had succeeded. With regard to doctor Watkins, it is proper to observe that at this period he was a young man just returned from his studies at the university of Edinburgh, and therefore, may be supposed to have entered upon this embassy from his honour judge Sebastian, to his Catholic Majesty, in a great measure from motives of curiosity. But what possible apology can be made, for a judge of the Kentucky court of appeals, setting on foot a plan for "the encouragement and accommodation of adventurers" in Louisiana when subject to Spain.
"We the subscribers impressed with a belief that one of the navigable rivers in Upper Louisiana, is extremely desirable on account of the temperature of the climate, the fertility of the soil, and convenience of its situation for commerce, have determined to make an application to his Catholic Majesty for a grant of three millions of acres of Land in that country, under the following regulations, viz.
"1st. That the grant when obtained, shall be divided into forty-two shares, and that one third of the whole grant be reserved for the encouragement and accommodation of adventurers."
"2d. That no person subscribe for less than six shares, at one hundred dollars per share, with the liberty of disposing of as many shares as he may choose, provided he does not dispose of the whole of his interest: and provided also, he be responsible to the other subscribers for the amount of his subscription, payable at such time, as they, or a majority of them, may hereafter determine."
"3d. As the shares will be disposed of by the subscribers, whom they personally know, and have confidence in; and as the transference of the shares to strangers may be productive of confusion and inconvenience, and will also have the appearance of speculation, which should be studiously avoided, no sharer shall be permitted to sell, or any in manner dispose of his share, without the consent and approbation of the company, or a majority of them, given in a corporate capacity—and to the end, that every sharer may be known to the company, each subscriber, on or before the 15th day of July, return to the company, a list of the sharers claimed by him."
"4th. Each subscriber does hereby bind himself to the others to use the utmost exertions to perform all such stipulations, as the agent hereafter to be appointed, may find it necessary to enter into, for the obtaining of said grant, in default of which, the whole of the interest of such persons failing, shall be forfeited, and accrue to the use and benefit of the performing subscribers."
Sebastian's name is the next to Watkins' on the original list; but it having been suggested to the judge, that it would be more prudent for a person in his situation, to have his share entered in some other name; he therefore, in the list which was afterwards drawn up, entered his share in the name of Andrew Watkins. The company being completed, doctor Watkins set off for Madrid; but being an unexperienced traveller in Spain, like Gil Blas, he was ensnared by a band of robbers, who robbed him both of all his money, and a number of letters which were necessary for his introduction to the levee of his Catholic majesty. This unfortunate circumstance delayed his application to the Spanish court until it was too late—Louisiana having afterwards been ceded to France. The doctor therefore returned—Sebastian was frustrated in his intentions; and the members of the company lost the money which they had subscribed.
In the first part of this number we briefly mentioned the company which was formed under the firm of Hall & Co. for monopolizing all the Green river lands. We shall now notice the part which John Brown then a member of the senate of the United States from Kentucky, acted in this association.
For the better understanding the partnership of this company, we copy the articles of agreement as stated in a pamphlet of Elisha J. Hall, the agent of the company.
"Articles of agreement made the 10th day of September, 1795, between Wade Hampton, John Hall, Gideon Denison, Wilson Carey Nicholas, and Elisha J. Hall, John Brown, James Brown, John Breckenridge, George Nicholas, and Harry Innes."
"Whereas, the above named company, have it in contemplation, and finally agreed to make application to the legislature of the state of Kentucky at their next meeting for a grant of certain vacant territory, and having full faith and confidence in each other, we, the subscribers do solemnly enter into the contract on the following terms, to wit: 1st, That Elisha J. Hall is hereby appointed our agent, and that he shall proceed immediately to the state of Kentucky, and shall take with him certain instructions directed to James Brown, George Nicholas, John Breckenridge, Henry Innes, and Elisha J. Hall. 2d. The lands that may be secured by our agents to be divided into ten equal shares; five of which shares to be the property of Wade Hampton, John Hall, Gideon Denison, Wilson C. Nicholas, and Elisha J. Hall, each one share; and the said parties to be known in this contract, by the name of the eastern proprietors. The other five shares to be the property of John Brown, James Brown, George Nicholas, John Breckenridge, and Harry Innes, each one share; and that the last mentioned parties, shall be known by the name of the western proprietors."
W. HAMPTON, (L. s.) J. HALL, (L. s.) G. DENISON, (L. s.) W. C. NICHOLAS, (L. s.) E. J. HALL, (L. s.)
The company having however failed in their object in 1795, all the Kentucky members relinquished the association, excepting the Browns, who joined a new company for the same purpose in the spring of 1796. The Browns, viz. John and James, appear to be the most active leaders of the company. The character of James cannot be better described than in the words of Mr. Hall, in a letter to him, dated 27th March, 1797, "When the sacred character of our venerable president Washington, the pride of mankind, the boast of our country that gave him birth, and at present the most splendid luminary of virtue and wisdom, that ever irradiated human nature; when this illustrious chief, whose fame is almost in contact with immortality itself, was insolently attacked by you, in my presence at Judge Innes's table, of this state, in 1795, when you declared your belief, that the President had taken money out of the treasury, which he was not entitled to receive, and that he and Mr. Hamilton divided the spoil: When the white robes of female innocence and virtue, were insulted by your falsehood, and attempted to be sullied by the foulness of your poisoned tongue; and even the tender ties of consanguinity itself form no barrier to the malevolence of his heart, shall I be surprised when you vainly attempt to injure me." The occasion of Hall addressing this letter to James Brown, was owing to James and John refusing to pay him their proportion of the expenses, after the company had failed in their application to the legislature. Mr. Hall says to Brown, "At that time I preferred a small loss to an altercation; but your refusal to pay the balance, convinces me, that to submit to one imposition is the surest way of becoming subject to another, and that it is now time, that I should investigate your claim to any part of my warrant."
With respect to the slanderous attack made on the character of the illustrious Washington at the table of Harry Innes; this is not at all astonishing, when it is remembered, that they were well satisfied at this period, that Washington was acquainted with the treasonable intentions of the Spanish association, and was watching with a guardian eye the liberties of America.
The following paragraph, copied from the American Museum for February 1798, vol. 5th, page 208, fully demonstrates that the intention of John Brown was known in Philadelphia:
"Alexandria, January 22d."
By information received from Kentucky, we learn, that many of the principal people of that district, are warmly in favour of a separation from the union, and contend that it is injurious to the interests of that country, to be connected with the Atlantic states. This idea, so pregnant with mischief to America, is said to be much cherished by intelligence carried there by Mr. Brown, member of congress, to this effect: That he had the strongest assurance from the Spanish ambassador, that on such a declaration Spain would cede to them the free navigation of the Mississippi, and give them every support and encouragement in her power."
That our readers may be better enabled to judge of the situation of Kentucky in 1788, of the wishes of her thinking and patriotic citizens, we present them with the address of the convention held at Danville the 10th of Nov. 1788, to congress, as likewise the address to the general assembly of Virginia; which addresses, it is to be recollected, were opposed by all the members of the Spanish conspiracy.
"Address of the convention of Kentucky, to the United States in congress assembled. "The people of Kentucky, represented in convention, as freemen, as citizens, and as part of the American republic, beg leave by this humble petition, to state their rights, and call for protection in the enjoyment of them."
"Fathers, Fellow Citizens, and the Guardians of our rights."
"As we address you by the endearing appellation of fathers, we rely on your paternal affection to hear us; we rely on your justice as men and citizens, to attend to the wrongs done to men and citizens, and, as a people recognised by the solemn acts of the union, we look for protection to the federal head."
"When peace had secured to America that
sovereignty and independence, for which she had so nobly contended, we could not retire with our Atlantic friends, to enjoy the ease and blessings of freedom."
"Many of us expended, in the struggle for our country's rights, that property which would have enabled us to possess a competence with our liberty. On the western waters, the commonwealth of Virginia possessed a fertile, but uninhabited wild. In this wilderness, we sought, after having procured liberty for our posterity, to provide for their support. Inured to hardships by a long warfare, we ventured into almost impenetrable forests, without bread or domestic cattle, we depended on the casual supplies afforded by the chase. Hunger was our familiar attendant, and even our unsavory meals were made upon the wet surface of the earth, with the cloud-deformed canopy for our covering. Though forced to pierce the thicket, it was not in safety we trod. The wild savage thirsting for blood, lurked in our paths, and seized the unsuspecting hunter. Whilst we lamented the loss of a friend, a brother, a father, a wife, a child became a victim to the barbarian tomahawk. Instead of consolation, a new and greater misfortune deadened the sense of former afflictions. From the union we receive no support, but we impeach not your justice. Ineffectual treaties, often renewed, and as often broken by the savage nations, served only to supply them with the means of our destruction. But no human cause could controul that providence which had destined this western country to be the seat of a civilized and happy people. The period of its accomplishment was distant, but it advanced with rapid and incredible strides. We derived strength from our falls and numbers from our losses. The unparalleled fertility of our soil made grateful returns far disproportioned to the slight labour, which our safety would permit us to bestow. Our fields and herds afford us not only sufficient support for ourselves, but also for the emigrants who annually double our numbers, and even a surplus remains for exportation. This surplus would be far greater, did not a narrow policy shut up our navigation and discourage our industry."
"In this situation we call for your attention, we beg you to trace the Mississippi from the ocean, survey the innumerable rivers which water your western territory, and pay their tribute to its greatness, examine the luxuriant soil which those rivers traverse; then we ask, can the God of wisdom and nature have created that vast country in vain? Was it for nothing that he blessed it with a fertility almost incredible? Did he not provide those great streams which empty into the Mississippi, and by it communicate with the Atlantic, that other nations might enjoy with us the blessings of our fruitful soil? view the country, and you will answer for yourselves.—But can the presumptuous madness of men imagine a policy inconsistent with the immense designs of the Deity? Americans cannot. As it is the natural right of the inhabitants of this country to navigate the Mississippi, so they have also a right derived from treaties and national compacts. By the treaty of peace, concluded in the year 1763, between the crowns of Great Britain, France and Spain, the free navigation of the river Mississippi, was ascertained to Great Britain. The right thus ascertained was exercised by the subjects of that crown until the peace of 1763; and, conjointly with them, by the citizens of the United States. By the treaty in which Great Britain acknowledges the independency of the United States, she also ceded to them the free navigation of the Mississippi. It was a right naturally and essentially annexed to the possession of this western country as such it was claimed by America, and it was up on that principle she obtained it. Yet the court of Spain who possess the country at the mouth of the Mississippi, have obstructed your citizens in the enjoyment of that right."
"If policy is the motive which actuates political conduct, you will support us in this right and thereby enable us to assist in the support of government. If you will be really our fathers, stretch forth your hands to save us. If you would be worthy guardians, defend our rights. We are a member that would exert any muscle for your service. Do not cut us off from your body; by every tie of consanguinity and affection, by the remembrance of the blood which we have mingled in the common cause—we conjure you to procure our right. May your counsels be guided by wisdom and justice, and may your determination be marked by decision and effect. Let not beneficence be circumscribed by the mountains which divide us. But let us feel that you are really the guardians and asserters of our rights. Then you would secure the prayers of a people whose gratitude would be as warm as their vindication of their rights will be eternal. Then our connexion shall be perpetuated to the latest times, a monument of your justice and a terror to your enemies."
Danville, November 10, 1788.
"Address of the Convention of Kentucky, to the honourable the General Assembly of Virginia."
"The representatives of the good people inhabiting the several counties composing the district of Kentucky, in convention met, beg leave again to address you on the great and important subject of their separation from the parent state, and being a member of the federal union."
"To report the causes which impel the inhabitants of this district to continue their application for a separation, will in our opinion be unnecessary; they have been generally acknowledged and patronized in former assemblies, and met the approbation of that august body, whose consent was necessary to that august body, whose consent was necessary, and who resolved that the measure was expedient and necessary, but which from their peculiar situation they were inadequate to decide on."
"As happiness was the object which first dictated the application for a separation, so it has continued to be the ruling principle in dictating the good people of Kentucky to that great end, upon constitutional terms, and they conceive the longer that measure is delayed the more will they be exposed to the merciless savage, or (which is greatly to be feared) anarchy with all the concomitant evils attending thereon."
"Being fully impressed with these ideas, and justified by frequent examples, we conceive it our duty as freemen, from the regard we owe to our constituents, and being encouraged by the resolutions of congress, again to apply to your honourable body, praying that an act may pass at the present session for enabling the good people of Kentucky district to obtain an independent government, and be admitted into the confederation as a member of the federal union, upon such terms and conditions as to you may appear just and equitable; and that you transmit such act to the president of this convention with all convenient dispatch, in order for our consideration and the final completion of this business; this we are emboldened to ask, as many of the causes which produced former restrictions do not now exist."
"Firmly relying on the justice and liberality of your honourable house, so often experienced, and which we are ever bound to acknowledge, we again solicit the friendly interposition of the parent state with the congress of the United States, for a speedy admission of the district into the federal union, and also to urge that honourable body, in the most express terms to take effectual measures for procuring to the inhabitants of this district the free navigation of the river Mississippi; without which the situation of a large part of the community will be wretched and miserable, and may be the source of future evils."
A copy, teste, THOMAS TODD, c. c. N

Such were the energetic addresses that displeased Wilkinson and his associates. The Spanish conspirators wished for an immediate declaration of independence, and alliance with Spain, as a preparatory step to receive on their necks the yoke of the haughty Don. Mr. Brown wrote many other letters to his confidential friends in Kentucky, besides the two addressed to M c Dowell and Muter. He sent several by a Captain C —, of Danville, but dreading the consequences of his communication being too publick, he wrote to Captain C — while on his road to Kentucky, not to deliver them.
While the negotiations between Wilkinson and Giozo and Brown and Gardoqui were pending one of a similar nature was carrying on between the late General Elijah Clark, of Georgia, and his excellency Don Zespondez, the governor of St. Augustine, for the separation of the state of Georgia from the union. General Clark himself was extremely illiterate and scarcely able to write, but was a character of strong mind and natural powers, and he corresponded through the medium of several of his acquaintances, with some of the principal conspirators in Kentucky, particularly with Judge — and and Col.
A leading agent of Don Zespondez and general Clarke in business was the celebrated Indian chief Alexander M c Gillivray king of the Creek nation, for which purpose he received a general's commission from the crown of Spain, and the privilege of granting passports for the free navigation of that part of the Gulf of Mexico, on which the old Fort of St. Mark is situated. Wilkinson had likewise received the same privilege of granting passports to the Kentuckians for navigating the Mississippi, and it is stated that on the 16th of January 1789, a fleet of twenty five large boats, with tobacco, flour and provisions passed Louisville for New Orleans under his protection. Immediately on their arrival, their cargoes were deposited in the publick warehouse of his Catholic majesty, a privilege granted to none but those who had taken the oath of allegiance to Spain. If any Kentuckian in those days ventured down the Mississippi without being under the protection of Wilkinson or having a passport from him, his cargo of whatever species it might be, whether tobacco or flour, was certain of being seized.
But to return to M c Gillivray; in connection with several of the Georgian merchants who advocated an union with Spain; he established ware-houses at St. Mark, and carried on a regular trade with the Spaniards, from the benefit of which all the other Georgians were expressly prohibited. Thus he and Wilkinson, although private individuals, had actually concluded with the government of Spain, through the governors Don Zespondez and Don Mero, treaties of navigation and commerce.
It will also be recollected, that when the unfortunate rencounter between col. Armstrong and the Spaniards at Natchez in 1787, exposed our countrymen at New Orleans to every mark of disgrace; Wilkinson and his friends were treated with the same attention as ever, and those Kentuckians who produced his passports, were equally secure as Spanish subjects.
It was mentioned in the first part of this number that the articles of agreement between Sebastian, Dr. Watkins, & co. which we published, were a copy of the original plan drafted by Sebastian & Wilkinson; we have, however, been since informed from unquestionable authority, that it was not the original plan, but the second which was drawn up. The first was conceived in terms much more treasonable: it ran nearly as follows:
"We the subscribers being discontented with the government of the United States, and wishing to live under a mild and permanent government, petition his Catholic Majesty, &c."
Numbers were justly disgusted with this monarchical phraseology, and immediately declined all connection with the plan, and unless the scheme had been exchanged for one couched in other terms, his honour judge Sebastian would probably have been left alone on the list.
Individuals who hold no publick office in the United States have certainly a right to expatriate themselves whenever they think fit; but not to influence others, as his honor judge Sebastian did. The act in him whenever we consider the important station which he filled, was one of the deepest die, and unless he be impeached by the legislature, neither justice will be awarded to him or to the country.
The conspirators we are well assured not only corresponded with the Georgians upon the scheme of separation from the union, but also with the citizens of Vermont. They doubtless fancied that could these states be prevailed upon to follow their example and form an alliance with Spain, that the whole union might in time be subject to the Spanish monarchy. Here therefore, we can foresee a principal source of opposition which was made to the federal constitution.
The conspirators had agents in all the different states, and although their intentions were certainly not known to all the members of those legislatures who were unfriendly to the Union, yet under many pretexts they contrived to influence their minds against the adoption of the constitution.
In the various pamphlets and addresses published by the democratic societies of the western country and the southern states at that period, there appear traces of secret agents and secret plans, not developed to the people, but carefully concealed in hidden and mysterious language.
The blessings attendant on the independence of the several states are always depicted in the most glowing colours. The dangers, broils and civil wars produced by a confederation of states are carefully exemplified by numerous instances drawn from ancient history. The wealth and riches of the Spanish colonies are magnified beyond measure. The Kentuckians were told the Spaniards paid no taxes; that they received grants of land for nothing; that they were protected in their navigation and commerce and that the oppression and despotism under which they were said to labour was a mere fiction of the British tories who were always opposed to every thing that was not British. The old residents of Kentucky likewise remember many harangues and orations which was made to this purpose by Wilkinson and his friends.
NEW-YORK, Sept. 17. The arrival at this port of the schooner Atlantick, capt. Howard from Nantes, has enabled us to lay before the readers of the Mercantile Advertiser intelligence from Europe of considerable importance. Our Paris papers are to the 29th July, inclusive, and our letters from Nantes to the 4th of August.
A treaty of peace, of which the conditions had not been made publick, was signed at Paris on the 20th of July, between Russia and France, and had been forwarded to St. Petersburg for ratification.
A confederation of some of the petty states of Germany has been entered into for the purposes of mutual defence, with a view to their separation from the Germanick empire.
The fortress of Gaeta has at length surrendered after a defence which will make no inconsiderable figure in the history of the present times.
We have comprised in the following extracts, all that relate to these interesting events and all that the papers contain which we judged worthy of a translation.
PARIS, July 22. The Jesuits have been ordered to quit the city of Naples in 24 hours, and the kingdom as expeditiously as possible.
It is believed they will retire to Russia, the Rules of their order not permitting them to settle in any of the Catholic states, not even in those of the Holy Father.
July 23. A courier from the British cabinet has trod closely in the steps of the secretary to the Russian ambassador. The latter at Calais on the 18th, with dispatches for M. Oubril; the former arrived on the 19th, and immediately proceeded to Paris. The smallest appearance of a reconciliation between the two nations revives the wishes and the hopes of the friends of peace and of humanity.
July 24. The minister of marine has written a circular letter to the different ports, announcing that peace was signed on the 20th of this month, at Paris, between France and Russia, by the general division Clarke, counsellor of state and of the cabinet, and M. Oubril privy counsellor; and that in consequence, it is ordered that all admirals, commandants of ports, and of his imperial majesty's ships, to treat the vessels of Russia as friends.
Moniteur. The fetes which had been announced for the month of August, will not take place until the latter end of September. This delay is judged necessary to give time to the grand army to be present. — 16.
We are assured that on the 15th of this month the discussions which have been carrying on for the arrangement of the affairs of Germany are terminated; and that the ministers of the kings of Bavaria and Wirtemberg, of the elector of Baden, the landgrave of Hesse Darmstadt, the duke of Cleves and Berg, the princes of the house of Nassau, the prince of Ysembourg, the princes of Hohenzollern, the prince of Arenberg, the prince of Salm, the count de la Leyen, &c. have concluded a treaty of alliance and of reciprocal guarantee, under the title of "Federation of the Rhine." We believe they have come to a resolution to separate themselves from the Germanick body, in order to have no contradiction between their interests and their policy. During the day of the 16th, there was observed a great movement of couriers, which tended in a great measure to confirm the reports in circulation respecting this news.
July 25. According to publick report, the Federation of the Rhine will be under the protection of France; it is added that they will have on foot an army of 60,000 men; and that the elector of Baden, the landgrave of Darmstadt and the duke of Cleves will take the title of grand dukes.
The jewish deputies will assemble for the first time on Saturday next in the ancient chapel of St. John, near the city hotel, which has been prepared to hold their sitting. The kingdom of Italy will, it is said send 16 deputies.
July 26. The movement of the troops from the interior towards Germany has been suspended in consequence of the peace with Russia. In a few hours after its signature M. Oubril set off for St. Petersburg, having first taken an hotel for the Russian ambassador. It is thought the ratification will be exchanged in a month.
July 27. It is believed, that Lord Yarmouth, who lately arrived here from England, will soon appear in a publick character.
The fortress of Gaeta has demanded a capitulation after eleven days of opened trenches, during which time not less than 800,000 lbs. of powder were expended. [Our private letters say that this fortress surrendered on the 18th.]
The emperor has issued a decree permitting the exportation of grain from France to England.
LAW REPORT.
COURT OF CHANCERY, July 24. Smith and others v. John and Alexander Anderson.
This bill was filed by three creditors of Messrs. Ross and Sinclair, one for 290l. another for 184l. and the third for 325l. Messrs. Andersons were stated to be creditors of the same house, to the extent of upwards of 17,000l. Ross was resident at Berbice, and Sinclair remained in London; and the latter dying, Mr. John Anderson was at first appointed Administrator, and afterwards became Executor, in consequence of a will being discovered, in which he was nominated to that situation by the deceased. Under these circumstances, there being no representative of the house of Ross and Sinclair in this country, on the occasion of the consignment of 132 bags of cotton wool to Sinclair, an injunction had been applied for and granted under the chancellorship of lord Eldon, to put this property under the hands of a receiver of the court; but the ship in which it was conveyed being captured, the injunction was of no avail. Mr. J. Anderson, in his character of Executor, had received 1402l. 17s. 9d. and also 2873l. 16s. 7d. which the Executor admitted was received from the joint property of Ross and Sinclair. It was now sought by this bill, that the effects in the hands of Mr. J. Anderson should be paid to a receiver of the court, and that all the future receipts on account of that partnership should devolve into the same hands, with the exception of the first item of 1402l. 17s. 9d. which the said defendant retained as executor under the will of Sinclair.
The Solicitor-General and Mr. Wetherall, in support of this application, said, that the same motives which induced lord Eldon to grant the injunction in the first instance, would operate on his lordship to interpose at this time, since there was no variation in a single fact, excepting that Mr. John Anderson was before administrator, whereas now he stood in the relation of executor. The only claim Mr. John Anderson had was an equitable interest which did not commence until all the creditors were paid. While this suit was depending, he took advantage of his situation, and acquired possession of the property. The defendants said that they were not only entitled as executors, but as creditors, and that they had a right to give themselves the preference. This, however, was not a correct view. The doctrine of retainer might be thus explained. An executor cannot sue himself, and therefore he might retain his own claim pari passu , but there was no power of retainer where he could sue, and in this particular case Messrs. Andersons might sue in their situations as creditors. That law was not founded upon any superior right of the executor, but from the impossibility that an executor could proceed in a suit against himself. Where an executor had merely an equitable demand, he could not retain out of the assets, for it was an acknowledged maxim in equity, that no such claim could be enforced, unless he came in pari passu with creditors of equal rank.
The Lord Chancellor — "How can a court administer the property of a trader, unless he become bankrupt? The application is to appoint a receiver, and to pay into court the money received by Anderson, as executor. What is to become of the fund when in court? Suppose Mr. Anderson should sue the surviving partner, Mr. Ross, at common law, and obtain a verdict, must he come here to pay himself? The court might have the whole personal estate of this country in its hands, if it were to interfere with a trader's property prior to his insolvency."
The Solicitor-General — "The case of Mullman and Nantes, of which Mr. Cooke has this moment reminded me, is an authority for this application, and I do assure your lordship, that I would not persist in the support of it, if conceding to it were not the acknowledged practice of the court."
Mr. Hart (for the defendants) — "If such an argument as the last were to be used, I may as fully employ it as the solicitor-general, and I do assure your lordship, in the like terms, that I would not persist in the opposition to it, if conceding to it were the acknowledged practice of the court. The injunction granted by lord Eldon was wholly ex parte , upon filing the bill, and therefore afforded no precedent. Ross was the surviving partner, and he had committed no act of bankruptcy to place him in the hands of the court. Not the smallest title had been shown by the plaintiff, and no party can recover by the weakness of the defendant's title; he can succeed only by the strength of his own. The parties for whom I appear are not only executors, but also equitable creditors, and in this double character they may retain the property. Mr. Sinclair was not only a partner, but he was in the situation of consignee of the effects, and to him the bills of lading were consigned; Mr. John Anderson, therefore, who stands in the shoes of Sinclair, acquires the rights which would have devolved upon the deceased as assignee and consignee."
The Lord Chancellor entered at some length into the facts of the case, and the equity connected with those facts, commenting upon both as he proceeded. He said he did not see what jurisdiction the court had to take the property out of the hands of Anderson, or the surviving partner; but he thought he should do well to let one sun at least go down, before he decided between the parties.
Gazette Marine Memoranda.
ARRIVED.
Sloop Director, Tarlington, 6 days from Bermuda, Ballast, Richard Bowden & Co. — On Monday last, in lat. 34, 39, long. 74, 40, spoke brig Franklin, of and bound to New-York, 17 days from Trinidad.
The ship Helen, Davis, from this port to the Cape of Good Hope, has put into Charleston.
The ship Maria, Hatton, of this port, has arrived at Bordeaux.
The sch'r Swift, Seaward, hence has arrived at Philadelphia.
The sch'r Eliza Ann, Herbert, of this port, at Cadiz bound to Alicante.
The ship Atlantic, Glover, hence for London, was spoke the 9th inst. in lat. 39, 18, long. 66.
FOR SALE, The Schooner MARY, burthen 100 hogheads Tobacco, draws an easy draft of water, and is well calculated for a craft, for which purpose she was built—she will be sold low and on long credit.
Warren Ashley. Sept. 24. tf 202
FOR SALE, A handsome CHARIOT, and two well broke Bay HORSES. Apply at the Office of the Publick Ledger. September 24. law3w 203
FOR SALE. The subscriber resolved to remove to the country, and improve his Lands, offers for Sale The following valuable PROPERTY, viz.
In Elizabeth-City, four valuable Establishments, chosen from the plan of the town, now thriving rapidly, consisting of TWO LOTS or one acre of ground, whereon I live, lying on the Post-road and Main-street, containing a Dwelling-House complete, almost new, 30 by 27, with an additional new chamber on the ground floor, 14 by 15, very airy; a complete dairy and store room new, under one roof, with a snug cellar, and a platform from the chamber to the dairy, which renders the passage quite dry in the wettest season; a good Smok-house and Kitchen; a snug well finished Store house, with a back shed and fire place; a two story Ware house new, proof against rats, with a back shed; and every other out-house and garden complete; the whole seat decorated with trees and clover in a handsome manner, and in every respect remarkably pleasant.
Two other Lots opposite the Court-House, on one of which stands a convenient Dwelling-House, with two good chimnies, now occupied as a store, and is an excellent stand for business; on the other Lot is very convenient stables and carriage house, built of juniper, all under the same roof, 45 by 13, stalls for 6 horses and room for 2 carriages.
Two Lots adjoining near the water, handsomely enclosed with juniper, one cultivated as a garden, and the other well set in clover, by far the pleasantest lots in town to build on, commanding a full view of Pasquotank River from town to the entrance, and fronting the south; one piece of Ground back of said lots occupied as a Ship-yard, and is very convenient for the purpose, with the privilege of a creek and handsome beach at the mouth to draw a family seine, where small fish are to be taken every way in the year; a good Smith's shop (with tools if required) and good negro-house on the premises; one unimproved Lot on the S. W. corner of the town.
Sixty Acres of Wood Land, adjoining the town, parted only by the line, all high land, and on the publick road leading out of the Main-street, where lots are valuable and daily applications for them, greater part very good land for clover and grain.
One Lot, Ware-house and Wharf, formerly occupied by C. & F. G. Grice, the wharf is new and well filled in with stone and sand, 104 feet in front, well framed with square timber, cypress above water; a Ware-house on the lot, 40 by 24, lately repaired, two stories high, and every apparatus for careening and graving vessels, of which a number apply.
A very handsome and well built Schooner, burthen about 700 barrels, now on the stocks, can be launched and completed in two weeks; a Sloop of 20 tons, four years old, now in the carpenter's hands, and will come out complete.
In Camden county, at Raymond's creek, on Pasquotank River Shore, a Piece of LAND at a very publick landing, where much business has been done to advantage for a number of years, in the heart of a lumber and grain country, containing fourteen acres, on it a good Dwelling-house, with four rooms and piazza, out-houses, a good store, and ware-house separate, both two story.
Some valuable Negroes, Men, Boys, Women and Children, all of which will be sold on reasonable terms, in the whole or separate, for cash, good paper, or West-India produce, by application to Charles Grice.
Elizabeth-City, N. C. Sept. 18. 2m 201
COPPER NAILS.
Just received by the Father and Sons, capt. Hipkins, from London, 1700 wt. 4, 6, 10, & 24d wrought Copper NAILS, suitable for boat building. For Sale by Waddey & Co. Eastern-Shore, Northampton Court-Yard, Sept. 12. 1m 194
Landing from on board the Schooner Harriot, 60 Tierces RICE, and a few bales of COTTON—For Sale by Fisk & Calet. 100
SALT.
11,000 bush. Liverpool Blown SALT, loose and in sacks, on board the Ship Juno, captain Wilson will be sold low if applied for immediately. William B. Lamb. Sept. 22.
Sales at Auction.
Underwriter's Sales.
To-Morrow, (Thursday,) 25th instant, if fair, if not, the next fair day, will be Sold at 11 o'Clock, on Patterson's wharf, for the benefit of the owners, underwriters, and others concerned, 12 hhds. SUGAR; 1 barrel do. 19 do. COFFEE, and a quantity of COTTON—damaged on board the Schooner Sally, James Johnston, master, from Saint Thomas.
Wm. B. Lamb. Sept. 24. 1 204
On Friday, the 26th instant, at 10 o'Clock on Newton's wharf, will be SOLD without reserve, 11 hhds. old Antigua RUM,
20 do. new do. 40 Barrels Whiskey; 7 hhds. Sugar; 15 do. Molasses, 4 Pipes Holland Gin; 4 do. Cognac Brandy. An assortment of Liquors and Wines, in stand casks and bottles, for approved endorsed notes at 60 and 90 days for all sums under 300 dollars, over 90 and 120 days—Actio. 4 pipes L. P. Teneriffe Wine; 3 gr. casks do. 1 pipe Madeira do. 15 chets Hyson Skin, 3 1-2 do. Young Hyson, 1 1-2 do. Imperial, 1 do. Souchong Tea; 20 doz. bottles Snuff, 20 kegs Manufactured Tobacco; 50 kegs FF English Gun Powder; 300 Deep-sea Leads, 50 casks wrought Nails and Spikes; 50 do. cut do. 2 do. Weeding Hoes; 2 do. Hilling do. 100m. Brads and Spriggs; 30 do. Scupper Nails, 30m. Pump Tacks; 15,000 lbs. Cordage; 4 doz. Log Lines, 20 doz. Fishing Lines; 20 doz. Chalk do. 9 pieces Broad Bunting; 12 do. Narrow do.; assorted colours, Scarlet, White, and Blue. 10 doz. ground Paint Brushes; 30 kegs and 40 pots English Paint, ground in oil; Green, Blue, Black, Red, and Yellow; 500 lbs. Lamp Black; 2 doz. Candlewick, 2 barrels Brimstone; 2500 feet duffed Oars; 4 Spy Glasses, 50 Coasting Pilots and Navigators, approved latest editions. 252 wt. Ship Carpenter's Axes—For approved endorsed notes at 90 and 120 for all sums under 300 dollars, over 4 and 6 months.
Richard Bowden. Sept. 17. 4 184
To be Sold, at Publick Auction, upon the premises, on FRIDAY the 26th instant, at 12 o'Clock, the following Property, being part of the Estate of Robertson & Brown, and sold for the payment of their debts to the Custom-House,
A LOT on Commerce-Street Wharf, (east side) adjoining the Ware-house of J. M c Dyke, & Co. 32 feet front and 40 deep, the foundation at least equal to any unimproved lot on the wharf.
Three Negroes—Philip, Anderson, & Boston; Household FURNITURE, consisting of Dining, Breakfast, and Card Tables, Chairs, Sophas, Beds and Furniture, Plate, &c.—Kitchen Furniture, Pots, Kettles, Fans, &c.—Two Shares in the Dismal Swamp Canal; two do. in the Norfolk Theatre; one Pew in the Presbyterian Church. Terms of Sale—approved notes at 60 days for all the above Property except the Land upon Commerce-Street, for which 3, 4, and 6 months will be allowed.
James Taylor, Auctioneer. Who is authorised to treat with any person at Private Sale for any part of the property, if application be made before the day of Sale. Sept. 8. tds 159
Office of Discount and Deposit, U. S. Bank, Norfolk, Sept. 22, 1806. WANTED TO PURCHASE,
A few Thousand Pounds sterl. in approved endorsed Bills on, or payable in London at sixty days sight.
Robert Oliphant, Cashier. Sept. 22. tf 196
FOR SALE, 40 Hogsheads prime TOBACCO, (Petersburg inspection,) 100 Barrels prime PORK, 20 Casks Hibbert's PORTER, Madeira and Malaga WINES, &c &c.—Apply to Donaldson, Thorburn, & Co. Sept. 22. 2w 197
Information Wanted of ROBERT THOMPSON,
WHO arrived here in the United States frigate Portsmouth, Captain M c Neal, from France, in the latter part of the year 1801. His brother, William Thompson, resides at Newcastle, upon Tyne, in England. In January 1801, the said Robert wrote a letter to his friends in Newcastle, saying, that he was going mate of a vessel from Norfolk, in Virginia, to Bristol, since which he has not been heard of, nor does it appear by the Custom-House books that any vessel arrived from this port at the port of Bristol during the year 1801. If the said Robert is alive, and will apply to the Editor of the Publick Ledger, in Norfolk, in Virginia, he will hear of something to his advantage.
Any person who knew the said Robert, will render a great service to his friends by informing as above; if he is dead, and has left a wife, or issue, by applying as above, they will be benefitted. Sept. 17. tf 192
To Rent or Lease, for one or five years, A commodious BRICK-HOUSE, Situated on Smith's-Point, lately occupied by the Subscriber; to this tenement is annexed an excellent garden, &c. Apply to Thomas Price.
Who has for Sale, A likely NEGRO MAN, about 22 years old; an excellent house servant, and has been accustomed to drive a carriage. July 11. tf 895
The partnership of Taylor, Barraud, and Hansford, will be dissolved by mutual consent on the 1st day of October next. All those indebted to that concern, or to Taylor and Barraud, are requested to settle their accounts—The business will in future be conducted by Barraud and Hansford. James Taylor, P. Barraud, Lewis Hansford. Sept. 15. 4w 178
A valuable Tract of LAND for Sale.
The Subscriber will sell his Plantation called Level-Green, adjoining the town of Kemperville, in the county of Princess Anne. There is on the farm a Dwelling-House and orchard; it contains about 500 acres, and the land is excellent; it's figure is a square, and it's a level position handsome and eligible, lying on the Eastern Branch of Elizabeth river, and also on the publick road leading to the beach. It is conveniently situated with respect to navigation, being about 5 miles distant by water, and 3 by land. It is contiguous to Broad-Creek, which abounds with excellent timber, and has a good landing. The situation is so advantageous to say, that handsome timber about it can scarcely be made money of, if not actually equal to the value of the land. Any person who may wish to view the land, or to apply to Mr. Williamson for particulars, will be most kindly received by William Bishop, James Johnston, or Mr. Thomas, one of whom reside in the town of Kemperville. The whole will be accompanied with 100 acres of wood land. Princess Anne, August 28. 1806. William B. Lamb.

FRANCIS SMITH, has removed his Vendue and Commission Office, to the house lately occupied by Mr. Richard F. Burke, in Market-Square, where he offers at Private Sale, 20 hhds. and 20 bbls. choice SUGAR, 33 puncheons RUM, chiefly Grenada, 20 hogsheads Grenada molasses, 2 pipes Cognac BRANDY; 50 bags COFFEE, 50 boxes Mould CANDLES, London particular Madeira and Lisbon WINE, 8 Boxes Irish LINEN; 3000 yards twill'd SACKING, 4 tons Patent SHOT. September 12. tf 168
GERMAN GOODS. JOHN C. NIEMEYER, Offers for Sale the following GOODS, for Cash or on convenient credit, for approved Bills only, viz. 5000 Bags 2 & 3 bushels, loose and in bales, 6000 East-India Gunny Bags, 330 pieces Hessian and brown Rolls, 225 pieces white Rolls, of four qualities, 140 pieces Ticklenburgs and Ornaburgs, 260 pieces Plutillas, white and brown, 13 pieces Dowlas, 20 do. Checks, 40 do. Britannias, 40 do. Rouans, 45 do. best Flemish Sheetings, 20 do. fine Bed ticking, 24 do. Matras Ticking, 18 do. German Canvas, 15 do. do. Shirt Linen, 44 yards each, from 65 to 110 dollars per piece, 14 do. do. 37 yds. each, at 36 to 75 dollars per piece, 24 do. Velvet Ribbons, assorted, 40 boxes English crown window Glass, 70 do. Baltimore window Glass assorted, at the manufactory prices, for cash. 2000 wt. Lamb's Wool, superior quality, 2000 doz. German Phials, very cheap, 2000 bunches red Garnet Beads. Also a complete assortment of the following Articles, viz. Fifty assorted Trunks, Oil Cloth, Coffee Mills, German Razor Boxes, Morocco Shaving Cases, do. Pocket Books, do. Segar Boxes, Spectacle Cases, Windsor Soap, Hand Lanthorns, best Tortoise Shell Combs, Ivory & Horn do. fine Razors & Penknives, Pocket Knives of all kinds, Knives and Forks, Snuffers very elegant, Brass Candlesticks, Coffee Tosters, Shoe Brushes, Cloth do. Mill Saws, Frying Pans, Shovels, Tonges, and Pokers, Fish Hooks, Table Mats, Battle Doos and Birds, Bell Metal Kettles, Wafer Louis, Wafer Irons, German Lace & Thread, Bird Cages & Baskets, Black Salk Velvet, 2000 Agate Flints, Jewellery and Chrysal Beads, Toilet Looking Glasses, common do. assorted, Snuff Boxes, Umbrellas, Push for Saddles, Passage Lamps, Chamber Lamps and Wicks, Backgammon Tables, See Dice, elegant Chess Men, and Cribbage Boards. Apply as above. May 16. tf 744
600 Sacks Fine Liverpool SALT, For SALE by William Dickson. Sept. 5. tf 150
FALL AND WINTER GOODS. Richard & John Taylor, Have received by the Ship Alexander, from Liverpool, and Father and Sons, from London, an extensive assortment of Seasonable GOODS, which they offer for SALE by wholesale and retail, on moderate terms, for Cash or approved paper. Sept. 5. tf 155
FOR SALE, TWO LOTS OF LAND, No. 27 and 28, situated contiguous to Mr. Theo. Armistead's Rope Walk, running thus: 140 feet on Cumberland and Jefferson streets, and 161 feet on Scott's and Second Streets. For terms apply to Alexander Baird. Sept. 12. tf 170
200 barrels new superfine FLOUR, A Boat—For sale by Fisk & Catlett. Sept. 15. tf 180
FALL GOODS. Received by ship Alexander, captain King, from Liverpool, 30 bales of Napt Kendal COTTONS, 15 do. White PLAINS, 10 do. Rose BLANKETS, 10 do. FLANNELS, 6 Boxes Coarse HATS, 3 Trunks of Fancy Manchester CORDS. The above articles may be had on very low terms for cash, approved notes, West-India or country produce, by an early application to Gilliat & Mackinder. August 29. tf 117
We have for SALE, on low terms, London particular 18 Pipes, } Madeira WINE, 11 Hogsheads, } 3 Qr. Casks, } A Cargo of late May SALT, 600 Sacks Liverpool stowed 20 Hogsheads low land TOBACCO. J. & W. Southgate. August 18. tf 87
GREEN COFFEE. 40 Tiers } Fine Jamaica Coffee, 60 Barrels, } Landed from the Sloop Union. For Sale by William Pennock. Sept. 4. tf 163
NOTICE. All persons having claims against the estate of DANIEL MATHESON, deceased, are requested to call on him immediately after the Subscriber duly attested; and if not paid, to inform him that an immediate payment is indispensable. John McPhail, Exr. August 1. tf 38
NOTICE. The partnership of MARKS, jun. & Co. is dissolved as of the 1st inst. and S. Marks, jun. is to pay all debts to and from the said concern. S. Marks, jun. August 12. tf 168
FOR SALE, 73 punch. choice 4th proof RUM, Received by the brig Paragon, Captain Robertson, from Jamaica. Redmon & Frith. July 11. tf 899
For Rent, or Storage received, That large and commodious WAREHOUSE, on Hutchings' wharf. For terms, apply to John Brown, or Wm. Cammack. August 4. tf 44
FOR RENT, The three large and commodious Ware Houses on the lower end of Gibson's Wharf.—Possession may be had immediately, by applying to John Southgate, or William Dickson. Feb. 26. tf 534
NOTICE. The Copartnership of P. DANA, & Co. being dissolved by the death of Mr. STEPHENS PARHAM; business in future will be transacted by Phinehas Dana. August 20. tf 93
HUNTER & GATEWOOD, Have received per Schooner Father and Sons, capt. Hipkins, from London, part of their supply of FALL GOODS, consisting of a handsome assortment of Best superfine broad Cloths, and Calimires; fashionable Waistcoating; Gentlemen's Beaver and patent Silk Hats; silk, cotton, and worsted Hosiery; fine Irish Linens; Diapers, Sheetings, and Long Lawns; hand some furniture Calicoes; a few elegant Ladies' Shawls, and a variety of Fancy Articles. They are in expectation of receiving by the first arrivals from Liverpool, a supply of Woolens, Hardwoods, &c. &c. Which will make their assortment very general, and which they will dispose of on the lowest terms by wholesale or retail, for cash or good paper. Sept. 5. tf 152
TAKE notice, that between the hours of nine in the morning and six in the afternoon, on Wednesday, the 1st day of October, at the office of Robert B. Taylor, in the Borough of Norfolk, we shall take the depositions of James Taylor, jun. Alexander Wilson, Moses Myers, and — Bid, to be read in evidence in a suit in Chancery, now depending in the Borough Court of Norfolk, brought by us against you as an absent debtor, and others in this state having effects of yours in their hands, or indebted to you; at which time and place you may attend to cross-examine if you think proper. This notice is given, pursuant to the Act of Assembly, directing the mode of taking depositions, when one of the parties does not reside in the State of Virginia. Campbell & Wheeler. Mr. THOMAS WILSON, Merchant, London. 156 Sept. 5.
Ran-away from the Subscriber, a negro man named TOM, about 45 years of age, a short thick fellow, about 5 feet high, speaks with a little of the Guinea accent; has lost all his fingers on one hand, and two on the other, by frost, his thumbs are saved on both. I purchased him from Nansemond, but he may be lurking about Norfolk. I will give Twenty Dollars if taken out of Norfolk or Portsmouth, or Fifteen if in either of them, and delivered to me. John Cox. September 1. tf 134
FOR SALE, Now landing on our wharf, from on board the British Sloop Patrick Bourke, Capt. Blay, from Antigua, 14 hhds. Muscovado, and 26 tierces Clayed SUGAR, by C. & F. Whittle. August 18. tf 83
102 hogsheads choice SUGAR, Landing from on board the Brig Peace, from Trinidad.—For Sale by Moses Myers. August 18. tf 84
ALSO, 50 pipes 4th proof Cognac BRANDY. August 18. tf 84
FOR SALE, THE LOT AND HOUSES, whereon John Hamilton, Esq. the British Consul resides; on it are a three story Dwelling-House, an Office, a Kitchen, and other houses necessary for family use.—A Well of good Water newly fitted, and a Garden lately laid out, a Warehouse and Cellar under it, the remains of a Wharf which will make a good foundation to build on, with all the privileges of lots situated on the river of extending a wharf—Also, two hundred and seventy-one and half acres of well timbered Land, with a good Fishery on Willoughby's Bay, taking in the mouth and part of Mason's Creek, where the best of Fish and Oysters can be conveniently taken—Also, a Lot in Smithfield, between Mr. Purdie's and Capt. Todd's lots. For terms apply to Thomas Newton. August 1. tf 39
ANCHOVIES, By the gallon—For SALE by John Gay. August 18. tf 88
FOR SALE by the Subscribers, a general assortment of Ship Chandlery, Cordage, and Cables, 8, 9, 10, 11, and 12 inches, English PAINTS and OIL, Sheathing PAPER, BAR IRON, TOBACCO, Richmond Inspection; FLOUR, PORK, Prime and Cargo, New-York Inspection, 200 GIN CASES; 20 Boxes SEGARS. They have also on hand, an extensive and good assortment of GROCERIES. Noble, Arbuthnot, & Co. March 31. tf 623
FOR SALE, 3000 Pieces Yellow NANKEEN, 11 Boxes Imperial TEA, 6 Chests Hyson do. The above of the best quality and entitled to drawback. Apply to Robert Maitland & Co. March 3. tf 560
WHO HAVE ON HAND, Hibbert's best bottled Porter and Brown Stout. Also, Old L. P. Madeira Wine, fit for immediate use. March 3. tf 560
All persons indebted to the estate of the late Wm. Davis, Esq. will please make payment, and those to whom the estate is indebted, will please furnish their accounts properly attested, in order that provision may be made for their payment. Romescue Whittle, Adm'r. March 3. tf 560
Phoenix Fire Office. The Subscriber, Agent to the PHOENIX ASSURANCE COMPANY, of London, for the State of Virginia, begs leave to inform the public, that he is now fully empowered to subscribe Policies of Insurance for property against Fire throughout the United States of America, in conformity to the Proposals hereto annexed. N. B. FORTY THOUSAND DOLLARS can be insured in one risk on Buildings and their contents, and also on Ships and their Cargoes on board, in the First Class, but in all cases where Ten Thousand Dollars are exceeded, a special agreement must be made with the Agent, and an increase of premium added to those mentioned in the Proposals, of not less than one eighth per cent. on the whole sum insured. Richard Taylor. September 8. tf 157
PROPOSALS From the PHOENIX COMPANY, of LONDON, For Insuring Houses, Buildings, Stores, Ships in Harbour, Goods, Wares, and Merchandise, FROM LOSS OR DAMAGE BY FIRE.
INSURANCE from loss or damage by Fire, has been found a measure of great importance to the happiness of families, and has given additional security to commercial transactions. The distinguished approbation with which the publick throughout Great-Britain received the improved system of this Office, occasioned frequent application for the insurance of Property in the principal cities and towns of Europe and America, and induced the Company, many years since, to extend their plan to the Western Continent. The Phoenix Company can refer to the unerring test of experience to ascertain their character; and, gratified by the unbounded confidence they have obtained upon the continent of America, and for the purpose of facilitating to the inhabitants the means of effecting insurance on their property, the Directors have lately determined to extend the sum which they have been accustomed to insure in any single risk, and have arranged Rates of Premium upon the various descriptions of property, which they trust, will be found moderate, just and equitable. The promptitude with which this office has adjusted the claims of sufferers, and the solidity of the funds, are so well known, that it is unnecessary to offer more on the subject, than to refer those who desire information, to the merchants of London, with whom they correspond. *** In this office no injured person is liable to any call to make good the losses of others; but in case of Fire, the sufferer will be indemnified by the company. The company also make good losses on property burnt by lightning.
Rates of Annual Premiums to be paid for Assurances against Fire.
No. I. Hazards of the First Class, viz. Brick or Stone Buildings, covered with tile, slate, or metal. Furniture or Merchandise, not hazardous contained in such buildings. For sums not exceeding 10,000 Dollars in one Risk, 37 1-2 Cents per annum, per 100 Dollars.
No. II. Hazards of the Second Class, viz. Buildings having the Four Walls entirely of Brick or Stone, carried through the roof and covered with boards or shingles. Furniture or Merchandise, not hazardous, contained in such buildings. Hazardous Goods, viz. Pitch, Tar, Turpentine, Salt-petre, Flax, Hemp, Oils, and Tallow, in buildings of the first class. For sums not exceeding 10,000 Dollars in one Risk, 56 1-4 cents per annum per 100 dollars.
No. III. Hazards of the Third Class, viz. Buildings constructed partly with brick or stone, and partly with wood, or having either of the four walls of frame work, filled in with brick. Furniture or Merchandise not hazardous, contained in such buildings. Hazardous goods, viz. Pitch, Tar, Turpentine, Salt-petre, Flax, Hemp, Oils, and Tallow, in buildings of the second class. For sums not exceeding 10,000 Dollars in one Risk, 75 Cents per annum per 100 Dollars.
No. IV. Hazards of the Fourth Class, viz. Timber or slight Buildings covered with shingles or boards. Furniture or Merchandise not hazardous, contained in such Buildings. Hazardous Goods, viz. Pitch, Tar, Turpentine, Salt-Petre, Flax, Hemp, Oils, and Tallow, in buildings of the third class. For sums not exceeding 10,000 dollars in one risk, 100 to 150 cents per annum, per 100 dollars.
*** Ships in port and their Cargoes, Ships Building or Repairing; also, Barges and other Small Craft, with Goods on board, may be insured against Fire. ††† Larger sums may be insured by special agreement.—All buildings in contiguous to other hazardous buildings, or in other respects situated disadvantageously, will be charged at an extra premium.—The rates may also in some cases be proportionally moderated upon Timber Buildings in the country, or when standing single and detached, or attended with circumstances of peculiar security. †††† Tallow-Melters, Soap-Makers, Brewers, Vinegar, and Sweet-Makers, Hemp and Flax Dressers, Printing-Houses, Coopers, Carpenters, Cabinet-Makers, Coach-Makers, Malt-Houses, Bakers, Ship-Chandlers, Boat-Builders, Rope-Makers, Sugar-Refiners, Distillers, Chemists, Varnish-Makers, Turpentine-Works, Theatres, and all Mills and Machinery, are deemed extra-hazardous, and the rate upon such risks will be proportionally increased.
CONDITIONS OF INSURANCE. I. Persons desirous to make Insurance on Buildings, are to deliver in to the agent the following particulars, viz.—Of what materials the walls and roof of each building are constructed, as well as the construction of the buildings contiguous thereto—whether the same are occupied as private dwellings, or how otherwise—where situated—also, the name or names of the present occupiers. Each building must be separately valued, and a specified sum insured thereon—and in like manner a separate sum insured on the property contained therein. All Manufactories which contain Furnaces, Kilns, Stoves, Coakels, Ovens, or otherwise use Fire-Heat, are chargeable at additional rates. In the Insurance of Goods, Wares, or Merchandise, the building or place in which the same are deposited, is to be described; also, whether such goods are of the kinds denominated hazardous, and whether any manufactory is carried on in the premises. And if any person or persons shall insure his or their buildings or goods, and shall cause the same to be described in the Policy otherwise than as they really are, so as the same be charged at a lower premium than is herein proposed, such Insurance shall be of no force.
II. Goods held in trust, or on commission, are to be insured as such, otherwise the Policy will not extend to cover such property. III. No loss or damage to be paid on Fire happening by any Invasion, Foreign Enemy, Civil Commotion, Riot, or any Military or usurped Power whatever; nor for damage done by Fire occasioned by Earthquakes or Hurricanes; but this Company will make good losses on Property burnt by Lightning. IV. Books of Accounts, Written Securities, Bills, Bonds, Tallies, and Ready Money, cannot be insured.
V. Jewels, Plate, Medals, or other Curiosities, Paintings, and Sculptures, are not included in any Insurance, unless such articles are specified in the Policy. VI. Persons insuring Property at this office, must give notice of any other Insurance made elsewhere on their behalf on the same, and cause such other Insurance to be endorsed on their Policies; in which case each office shall be liable to the payment only of a rateable proportion of any loss or damage which may be sustained; and unless such notice is given, the insured will not be entitled to recover in case of loss. VII. No order for insurance will be of any force, unless the premium is paid to the agent, or unless a sum has been advanced, and the agent has delivered his receipt on account of the office; and all persons desirous to continue their Insurance, must make their future payments annually within fifteen days after the day limited by their respective policies, or the same will be void.
VIII. All persons assured by this company, sustaining any loss or damage by fire, are forth with to give notice to the Company's agent, and as soon as possible after, to deliver in to him a particular account of their loss or damage, signed by them or their hands, as the nature of the case will admit of, and make proof of the same by their oath or affirmation, and by their books of accounts or other proper vouchers, as shall be reasonably required; and shall procure a certificate under the hands of a magistrate or sworn notary of the city or district in which the Fire happened, not concerned in such loss, importing that they are acquainted with the character and circumstances of the person or persons insured, and do know, or verily believe, that the fire, she, or they, really, and by misfortune, without any kind of fraud or evil practice, have sustained by such fire, loss and damage to the amount therein mentioned; and until such affidavit and certificates are produced, the loss of money shall not be payable; also, if there appears any fraud or false swearing, the claimant shall forfeit his claim to restitution, or payment by virtue of his policy.
IX. In case any difference or dispute shall arise between the assured and the company, touching any loss or damage, such difference may be submitted to the judgment and determination of arbitrators indifferently chosen, whose award in writing shall be conclusive and binding to all parties. And when any loss or damage shall have been duly proved, the insured shall receive satisfaction, to the full amount thereof, without allowance of any discount, fees, or other deduction whatever.
X. Persons chusing to insure for seven years, will be charged for six years only; also, for a less number of years than seven, will be allowed a reasonable discount. ** Persons desirous of effecting Insurances, are requested to make application to RICHARD TAYLOR, in NORFOLK, who is appointed the Company's Agent, and is fully authorised to grant Policies on behalf of the Company. LONDON, 1806. 4wiawtf 158
teen days after the day limited by their respective policies, or the same will be void.
VIII. All persons assured by this company, sustaining any loss or damage by fire, are forth with to give notice to the Company's agent, and as soon as possible after, to deliver in to him a particular account of their loss or damage, signed by them or their hands, as the nature of the case will admit of, and make proof of the same by their oath or affirmation, and by their books of accounts or other proper vouchers, as shall be reasonably required; and shall procure a certificate under the hands of a magistrate or sworn notary of the city or district in which the Fire happened, not concerned in such loss, importing that they are acquainted with the character and circumstances of the person or persons insured, and do know, or verily believe, that the fire, she, or they, really, and by misfortune, without any kind of fraud or evil practice, have sustained by such fire, loss and damage to the amount therein mentioned; and until such affidavit and certificates are produced, the loss of money shall not be payable; also, if there appears any fraud or false swearing, the claimant shall forfeit his claim to restitution, or payment by virtue of his policy.
IX. In case any difference or dispute shall arise between the assured and the company, touching any loss or damage, such difference may be submitted to the judgment and determination of arbitrators indifferently chosen, whose award in writing shall be conclusive and binding to all parties. And when any loss or damage shall have been duly proved, the insured shall receive satisfaction, to the full amount thereof, without allowance of any discount, fees, or other deduction whatever.
X. Persons chusing to insure for seven years, will be charged for six years only; also, for a less number of years than seven, will be allowed a reasonable discount. ** Persons desirous of effecting Insurances, are requested to make application to RICHARD TAYLOR, in NORFOLK, who is appointed the Company's Agent, and is fully authorised to grant Policies on behalf of the Company. LONDON, 1806. 4wiawtf 158
SECOND CLASS.
SCHEME OF A LOTTERY, For the Benefit of WILLIAM AND MARY COLLEGE.
  5,938 Tickets at 10 dollars each, dolls. 59,380   4,685 do. at 15 do. do. 70,275   10,623 129,655   Deduct loss on 2000 Tickets renewed, 4,500   Dolls. 125,155 
To float in the wheel, and come out as chance may direct.    2 Prizes of 5000 Dollars, each, Dolls. 10,000   4 do. 2000 do. 8,000   16 do. 1000 do. 16,000   16 do. 500 do. 8,000   32 do. 200 do. 6,400   160 do. 100 do. 16,000   232 do. 50 do. 11,600   750 do. 20 do. 15,000   1 do. 155 
Stationary Prizes are,    1 Prize first drawn, after 1000 Tickets are out, 500   1 do. 2000 500   1 do. 3000 500   1 do. 4000 500   1 do. 5000 500   1 do. 6000 500   1 do. 7000 10,000   1 do. 8000 500   1 do. 9000 500   1 do. last drawn, a Prize 20,000   1223 Prizes. Dolls. 125,000   9400 Blanks. 
The superiority of this Scheme to the one first proposed, is so obvious, that little need be said in recommendation of it. Those inclined to adventure, will see that their chance for obtaining prizes is greatly increased; that funding the drawing, their small prizes may be immediately invested in other tickets, thereby giving them a chance for prizes of considerable magnitude. To those who have drawn prizes of 15 dollars, in the First Class, as well as to those who have drawn blanks, information is now given, that the prizes may at their own option be renewed by tickets in this Class, and their blanks also, but upon the payment in the latter case of 10 dollars with each blank, provided such prizes and blanks, with the cash, be remitted free of postage, to Robt. Greenhow, merchant, in Williamsburg, agent and treasurer, or to William Newsum, Post-Master, in Norfolk, previous to the commencement of the drawing, after which period no renewal will be made. When to the prospect of individual advantage that may result to each adventurer, is added the patriotic reasons which induced the legislature to authorise this Lottery, it is ardently hoped that the disposition of tickets, will soon enable the commissioners to certify, that the drawing has commenced; which event, the agent assures the public, shall be expedited by every means in his power. Robt. Greenhow, Ag't & Treasurer. June 18. tf 842
NORFOLK BOROUGH. At a Quarterly Session Court, continued and held the 30th day of August, 1806.
John Gardiner, jun. Jonathan Worth, and Woodbridge Odlin, Merchants, trading under the firm of John Gardiner, jun. and Co. Compl'is.
AGAINST Francis and Francis, G. Robinson, absent debtors, Conway and Fortescue Whittle, and John Davis, Defts. The Defendants Francis and Francis G. Robinson, not having entered their 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 they are not inhabitants of this Commonwealth: on the motion of the Complainants by their Counsel, it is ordered that the said Defendants Francis and Francis G. Robinson do appear here on the fourth Monday in November next, and answer the Bill of the Complainants, and that a copy of this order be forthwith inserted in some paper printed in the Borough of Norfolk for eight weeks successively, and posted at the front door of the Court House of this Borough; and it is further ordered, that the Defendants Conway and Fortescue Whittle, and John Davis, who have effects of the said Francis and Francis G. Robinson, in their hands, do not pay, convey away, or secret such effects, but retain them till the further order of this Court. A Copy, Teste, William Sharp, C. N. B. C. 139
This Day landing from on board the Schooner Rising States, Captain Newcomb, 20 Pipes Holland GIN, entitled to 10 do. 4th proof Cognac BRANDY, 12 keys Ground GINGER. Fisk & Catlett. August 4. tf 43
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