Norfolk gazette and publick ledger (Norfolk [Va.]), 1809-02-15 00:00:00

HOUSE OF REPRESENTATIVES.
From the Monitor.
FRIDAY, February 3.
Sketch of the Debate on Mr. Nicholas's motion to repeal the embargo and arm.
Mr. Randolph said, he had voted against filling the blank with the first of June, because he wished, if possible, an earlier day to pass; and because he wished to see the form and substance of the resolution which should present itself before the house.
I will state, sir, another subject of congratulation, which is, that during the present period of publick distraction (I beg that no gentleman will put any wrong construction on what I am going to say or have said) we have not yet compromised the safety of the state.
Perhaps in the wide range which I may take on this subject, it might be thought I am violating the order of the house but I wish not to do so. Whatever may be the opinion of other gentlemen, on the order of this house, I shall proceed as my judgment shall dictate to me.
In the view I shall take of this subject, I really do not think it necessary, (with some of my friends) to go into minute calculations of revenue, &c. Details of that sort in this house ought not to be depended on.
He here took a short review of our means to carry on a war, compared with those which had long been used by the nations of Europe. Upon the system of loans, he never would wish to rush into hostilities, and therefore, upon the small income that we possess, and the consequent loans that would be necessary to keep up our means of hostilities, he wished cautiously to enter into a state of warfare.
But, added to this, he said, that amongst the varied state of things exhibited to view was a proposition to take some settled system. And what was proposed? If the doctrines and state of existing circumstances which he had heard, were correct, there was no probability of looking beyond the 4th of March for the hope of their continuance.
But here, the system itself, is calculated to be unpopular, when the people believe that their privations arise, not from an enemy, but from the government itself. He did not charge the government with the act, but the people could not be persuaded otherwise than that it arose from that source.
He remembered to have heard
of the patriotism of the Chinese in their mode of discovering merit, they choosing their generals by their bearing a beam of wood on their shoulders; and he who bears the heaviest weight, is the man selected to the command.
But it is asked, what will you substitute for the embargo, and yet preserve the dignified character of the nation? Why, sir, if I may answer that question logically, I should say that I should be glad to get rid of it by throwing it away.
I promised a remedy; (I have it before me) it is this—that without pledging your national dignity and the stand which you mean to take, carry on your commerce without hazarding your mercantile flag.
The sentiments generally expressed now, I have the consolation to say have been long ago expressed by myself and will be now again expressed, however unfortunate I might have been, or may again be in procuring their adoption.
He declared himself unfriendly to that part of the resolution from which his colleague (Mr. Nicholas) anticipated such great advantages. He was not in favour of it, because he wished not to stir up any new ground of, what may possibly be termed, hostility.
But here the alternative betwixt war and submission is talked of. Sir, I will not submit. What is submission, and what is resistance? If resistance be determined, what is the best mode in which that resistance can operate?
By submission I understand a passive acquiescence, or any thing short of a firm resistance to the thing in dispute about which you find yourself aggrieved. Resistance is not yielding to that force which might present itself.
But, sir, I believe yet that the ministry of England have too much good sense to act in that way
which would produce a war. Could they consider it war against them for you to arm your merchants when they throw you into that inevitable posture?
What will be the result if you authorise your merchants to arm? If they arm they will evade your laws, say some gentlemen: they will go to Great Britain without it.
But it seems that one of the two courses must be taken: We must draw the blood of our own citizens, or we must march into Canada. But why take Canada now, when gentlemen tell us that there are real prospects of an adjustment of our differences?
Mr. R. said he should "extenuate nothing, nor set down aught in malice," but he must remind the committee of the non-intercourse resolution, which had been dozing on the table for a long time; tho' it was at last called up it required the exertion of Saturday night even to Sunday to force its principle.
This was much more than the cost of Louisiana. Here is a pledge given of every drop of blood, and of every shilling in the country, for the protection of what? Of commerce. He was unwilling to spend every farthing for commerce.
opposition; that the executive patronage was great, &c. &c. Now, when doctrines of this sort were broached in congress, it put him in mind of a period, energetick indeed—he wished not to see government so wielded, let who would be at the head of affairs.
But gentlemen were for adopting the policy of striking with effect, and losing no opportunity. Mr. R. said that he was desirous of striking with effect. This was the best policy.
Now, if at this moment we plunge into a war, and an invasion of the British territory, we cannot say where it will end, or where it should end. And, sir, shall we do this with an empty exchequer? (for to all intents and purposes it is empty.)
There is another reason why I am unwilling to take the attitude recommended by the house. I have seen in this house a proposition to make the militia what they ought to be, a force efficient to their object.
These altogether he considered to be reasons sufficient to hope for one more possibility of doing without war; he wished to take advantage of that possibility for the avoidance of war.
I shall, Mr. Chairman, for these reasons, move you so to amend the resolution as to remove its dismaying and warlike aspect, and to place ourselves in a commercial view, what we ought to be. Let our maritime concerns take their due course; give authority to our merchants to defend themselves.
If you do this it is not possible that any ministry which could be found in Great Britain would construe the measure into a cause of war or suppose it inimical to national rights.
FOR NEW-YORK, The Schooner CARLTON, James Johnson, master, will sail on Thursday next. For passage, apply on board at Marsden's wharf. February 13.
FRESH SHOES. E. STURTEVANT, Has Received per Schooner Reliance, a Fresh Supply Ladies' Morocco SLIPPERS & Ties. ALSO, 19 Boxes CHOCOLATE. February 11.
WANTED TO PURCHASE, VIRGINIA BANK STOCK, For which CASH will be given. AND FOR SALE, A few cases LINEN. Apply to the Printer. February 13.
For Sale, by the Subscriber, 50,000 weight of NAVY BREAD, 20,000 Superfine Flours, do. 3,000 Ship, do. 250 quarter barrels CRACKERS. Also, 400,000 well burnt BRICKS, 2,000 bushels STONE LIME. Stephen Harris. PILOT BREAD of superior quality for family use. Feb. 18.

[In our last we laid before our readers, the report in part of the Massachusetts legislature, with the resolutions, and bill. The following nervous preamble to the report, resolutions and bill, was on account of its length unavoidably omitted.]
REPORT.—The committee to whom were referred the petitions of sundry towns in this commonwealth, on the subject of the embargo, and other subjects connected therewith, have paid the earliest possible attention to the very important and interesting subjects therein mentioned. These numerous representations, made as if by one consent from the different parts of our country, afford strong proof of the injustice and impolicy of the measures complained of; and exhibit a striking display of the disastrous consequences of those measures. The members of the legislature, having lately assembled from all quarters of the state, cannot require any new evidence of the grievances which are universally pressing their fellow-citizens. The committee therefore, instead of dwelling on the picture of private distresses, or enumerating the disgusting catalogue of public wrongs, displayed in these petitions; have proceeded to analyse the whole; to select the leading subjects of complaint; and to consider whether there be any remedy within the power of this present legislature.
The principal subjects of complaint in all these petitions may be comprised under these general heads.
1st. The impolitic, unnecessary, and unconstitutional interdiction of commerce, by the several acts of the congress of the United States, falsely called embargo laws.
2dly. The apprehension that the nation is to be speedily plunged into a war with Great-Britain; and consequently entangled in a fatal alliance with France.
3dly. Some peculiarly oppressive and unjust provisions of the last embargo act, passed on the ninth day of January in the present year.
The first of these subjects has been repeatedly under consideration before the legislature of this state. And here the committee cannot avoid observing that the misapprehension of our true interests and feelings by some of our representatives in congress, must have contributed very much to the continuance of these embargo acts. The government of the United States would not probably investigate very critically those rights, which appeared to be abandoned or disregarded by those who were peculiarly entrusted with their defence; and they must, from the same cause, have been led into the greater mistakes as to the feelings and dispositions of the people. Even if the constitutionality and justice of these measures had been less questionable, it is impossible to believe that they would have been so long persevered in, if the government of the United States had been early and truly informed of their ruinous operation on the commercial states, and the universal disaffection they excited among the people.
When this subject was first discussed in the legislature of this state, the opposers of the system could only reason from the general principles of our constitution, the necessities of commerce, and the feelings of human nature. They depicted in strong colours the destructive tendency and consequences of this system. They have long since seen the accomplishment of their predictions; their most gloomy presages are verified by the event; and the whole people now feel and acknowledge the force of those truths, which then employed the ablest of our statesmen, to explain and demonstrate.
The people of New-England do not need to enter into any refined reasoning or deep research on this subject. They recollect that the extension and protection of commerce was one of their principal motives to forming the present union. This was one of those great objects enumerated in the former articles of confederation; and the want of a competent power for this purpose in the ancient government, was among the primary causes of our present constitution.
They will always acknowledge with cheerfulness and gratitude, any efforts of their brethren of the south, against a common enemy; but most certainly, expectations of this kind were not among their strongest inducements to desire a union of all the states. It had long been a prevailing opinion, confirmed by the experience of the revolutionary war, that in times of great peril the remote parts of our country would require aid from this quarter, instead of being able to afford any to it. We shall readily comply with the terms of this compact, and fulfil all the stipulations incumbent on us; and we have a right to expect at the same time from the other members of the union, a constant respect for those rights, which we never surrendered; and attention to those interests, which the national government was instituted to extend and preserve, not to destroy.
The people of this state have been most severely disappointed in this expectation. The commerce of the country has furnished almost the whole of the revenue of the United States; has given vigour and energy to the government; has encouraged universal industry, and rewarded with plenty every description of people. While this commerce was thus productive to an unexampled extent, a portion of the general profit should have been applied to preparations for its permanent protection; and when it was unjustly assailed, the whole power of the nation should have been exerted for its defence. The people recollect the glorious example of a former administration in 1798, and they have seen the present administration, reserving all their strength, and all their energies, to be employed in the annihilation of that commerce which they ought to protect. By a timid and unwarrantable compliance with the wishes of a foreign power, we are suddenly excluded from the ocean; our trade is destroyed; our industry paralysed; and poverty and ruin are rapidly overspreading our land. Contemplating this state of things, and recollecting their views and objects at the time of adopting the constitution, the people do not require any further argument to convince them, that the primary objects of that compact are now neglected; that their most important interests are wantonly sacrificed, and their most essential rights flagrantly violated.
But the committee forbear to pursue these reflections. It is painful to dwell on those evils and dis-
tresses which it is out of our power to relieve. The committee are not at present prepared to recommend any adequate and satisfactory remedy, which could be applied by the two houses of the legislature alone. The most efficient, and perhaps the only certain remedy, rests with the people, who will soon have it in their power to unite the whole government of the state in one joint effort, with other states, whose interests and objects are similar to our own, for the support and vindication of their just rights by constitutional and peaceable means.
The committee, however, being deeply impressed with the importance of this subject, and anxious, if possible, to afford some temporary alleviation to the publick distresses, ask leave to reserve this object of their commission for further consideration.
As to the second subject of these petitions; the danger of an unnecessary and ruinous war with one nation, and a destructive alliance with another—the committee, with the most painful emotions, have perceived but too much ground for this apprehension. The puerile suggestion of maintaining a war at the same time against the two great belligerent nations, is too absurd to deserve attention. If then, the United States are to select their enemy, and the choice is left to the present administration, the fears of these petitioners will eventually be realized. Even if this measure is not seriously intended by our government, yet the course of policy pursued by them, must, if persisted in, soon terminate in such a war. The committee here would observe, that an examination of the different measures of the two nations referred to, would lead them to elect the other alternative. These measures and acts are before the publick. Some of the most important of them have been so fully displayed, and thoroughly considered, in a late report to one of the houses of this legislature, that it would be equally unnecessary and improper to exhibit them anew at this time. Whatever impressions may have been felt as to the conduct of Great-Britain, every man will now perceive that the aggressions of France have been uniformly first in order of time, and most injurious in their nature. The gross injustice of her decree of November 1806, was aggravated by the consideration, that we had at that time a commercial treaty with her; while with Great-Britain, in the following year, when her retaliatory orders were passed, we not only had no treaty, but had just refused to ratify one made by our ministers; and therefore had no right to expect from the latter any peculiar respect to neutral claims which we neglected to vindicate against the encroachments of her enemy. Every man, who values the welfare of his country, and the honour of its government, must regret that the first outrage was not resisted in a manner becoming a great and powerful nation. Such a course would in any event have removed all occasion or pretence for retaliatory measures on the part of the other belligerent; and would have prevented our being embroiled at the same time with the two most powerful nations of the world. It would also have produced another most salutary effect; it would have saved us from the danger of an alliance with France, which experience has shown is more to be deprecated than a war with any nation on the globe.
The committee cannot dismiss this subject without observing, that from the known spirit and patriotism of the people of this state, they will undoubtedly be always ready with their lives and fortunes to defend the country in any just and necessary war; but they will require of their rulers to show them that the war is just and necessary; and from the partial disclosure made by the government, or their negotiations with these two nations, the publick, we apprehend, are by no means satisfied that a liberal and impartial policy, and a sincere disposition to conciliate, on our part, would not at once prevent the necessity of a war with Great-Britain, and secure to us from that nation the entire respect that is due to all our just rights.
As to the third subject mentioned in these petitions; the late act for enforcing the embargo—the committee have examined it with great attention. The first remark it is calculated to excite is, that a system of policy which requires such violent, arbitrary, and unprecedented measures to enforce its execution, must be in the highest degree repugnant to the feelings and habits of the people, if not hostile to their dearest interests. And even if this policy were admitted to be founded on the soundest reason, and the most correct motives, yet no man could justify the numerous violations of natural and civil liberty, and of constitutional rights, which are authorised by this act.
The people of this commonwealth, in establishing their constitution, have seen fit to declare and set forth certain natural rights of a free citizen, and certain fundamental principles of a free government. It is painful to observe how many of these rights and principles are violated, or disregarded, by the act under consideration.
It is declared in the 10th article of the declaration of rights, that "each individual of the society has a right to be protected by it in the enjoyment of his life, liberty, and property, according to standing laws." By the second section of this act of congress, no vessel can be laden without the special permission of the collector, which that collector is authorised to grant, or refuse, at his discretion. And even when from his knowledge of character and circumstances he may think it safe and proper to grant such permission, he is prohibited from doing so, if the president of the United States shall have given instructions to the contrary. By the third section of the same act, owners of vessels already laden are required to give bonds in six times the value of the vessel and cargo, or to unlade the vessels; and even when the owner, in compliance with this unjust regulation, has procured and offered the bond required, the collector may refuse to receive it, and by his own arbitrary mandate compel the unlading of the cargo. Thus the laws, which regulate the use and enjoyment of our property, instead of being standing and permanent, may be as mutable and uncertain as the whim and feelings of an executive officer can render them. What is allowable on one day may be unlawful on the next, and what is permitted to one citizen may under circumstances precisely similar, be refused to another. Means and temptations will be presented to the officers of government for indulging the asperity of political hatred, and the rancour of personal resentments; and a petty tyrant may be raised in almost every town, to whose caprice or malevolence our most important rights may be subjected.
By the 11th article of our declaration of rights it is declared "that every subject of the commonwealth ought to find a certain remedy, by having re-
course to the laws, for all injuries or wrongs, which he may receive, in his person, property, or character." But by the 10th section of this late act, when any officer is sued on account of his proceedings under it, instead of relying on the laws, he may produce the instructions and regulations of the president, for his justification and defence. Thus the remedy of the injured citizen may depend, not on publick laws, but on secret executive instructions; which may never have been known to the party aggrieved, till the moment when they are thus produced to defeat his constitutional remedy.
The constitution of the United States, as well as that of this state, expressly prohibits unreasonable searches and seizures of the persons, houses, and effects, of the citizen. Yet by the 9th section of this act, every collector is authorised in the broadest terms to seize any property, not only when in carts or other carriages, but when in any manner, apparently on its way, towards the territories of a foreign nation, or the vicinity thereof; and he may detain it until bond is given, the amount of which is not limited by the act, and of course is left to the arbitrary discretion of the officer. It is obvious that the terms of this section do not confine the collector to a seizure in cases only when the goods are in actual motion towards the suspected place. Of course there is no limitation to this tremendous power; and he may seize effects in any dwelling-house in which they may have been deposited, if he chooses to suspect any ulterior destination, and so, to conclude that they are in that manner apparently on their way towards a foreign country. This provision in both the constitutions referred to, evidently contemplates the necessity of a warrant to authorize these searches and seizures; which is to be issued by a civil magistrate, upon probable cause, supported by oath. But under this section, the collector is made the only judge; no oath, no civil process, no formalities, are required. His only warrant is his own despotick will: and this may be executed, not by a peace officer of the government, but by a file of soldiers from the standing army.
Both these constitutions reprobate the exacting of excessive bail or sureties and the imposing of excessive fines. If the general objects of these acts were in a high degree salutary, and generally approved, yet most men it is believed would agree that the fines they impose are in many instances excessive. But the amount, for which the citizen is required to give bonds with sureties by many different sections of this act, is most manifestly a violation of the spirit and principles of these constitutional provisions. The smallest sum mentioned is six times the value of the goods, and in a case before alluded to, there is no limitation whatever; and a collector may demand sureties to any amount, which his arbitrary will deems fit. It should be observed too, that in these cases the party is not charged with a previous offence, or even with intention to commit any; but all this security is deemed a necessary precaution against future possible offences by the most peaceable and orderly of our citizens.
Both these constitutions expressly sanction that principle of natural justice, that no man ought to suffer for actions which were lawful at the time of committing them. But by the third section of this act, many citizens are exposed to heavy pecuniary losses, are required to furnish excessive sureties, or finally to suffer a forfeiture of their property: and all this in consequence of proceedings, which were not only allowable, but expressly sanctioned by the laws of the United States, and specially permitted by their officers.
By the 7th section of this act, the owner of a vessel is made responsible for the inevitable accidents of navigation, and even for depredations of a foreign power on the ocean. The only mode of defence allowed, will be found in most cases physically impossible. The party must produce the whole surviving crew on the trial, who must all be sworn as competent witnesses. If any one of them should accidentally be absent; if he should die in a remote part of the world, and his death not be clearly proved; if he should have any interest in the event of the trial, which would prevent his being a COMPETENT WITNESS; if he should by the visitation of Providence have become insane, and incapable of testifying; if he should have become convicted of any crime which would authorise the rejection of his testimony; or finally, if he should be suborned, concealed, or spirited away, by any corrupt officer of the customs; in each of these cases, the innocent owner, in addition to the loss of his vessel and cargo, will be sentenced to pay the whole penalty of his bond, amounting to six times the value of the property he has lost.
In the 10th section of this act it is pretended to furnish a remedy for any unjust proceedings of the collectors. The party aggrieved is not indulged with a trial by jury, but must apply to a single judge of the United States courts. If the judge should consider a seizure as altogether unnecessary and unjust, he cannot restore the property without receiving such bonds as the act prescribes to be taken by the collector in the same case; in which event the aggrieved party will have obtained no redress whatever; and if the judge should otherwise determine, the complainant is liable to treble costs.
The committee will notice only one other part of this act which appears to be so dangerous to the publick peace as it is injurious to publick liberty. By the 11th section, the President, or any person empowered by him, may employ any part of the land or naval forces, or militia to enforce the execution of the embargo laws, and to prevent or suppress all opposition to them. Without commenting on the loose and indefinite description of the objects to which this military force is to be applied; the committee would remark that almost every power given to the collectors may be enforced at the point of the bayonet; excluding the aid and the interference of the laws and magistrates of the country. The military power will no longer, in the language of our constitution, "be in subordination to the civil authority." And we are liable, at any moment, by the indirection of a petty executive officer, to be submitted to military despotism, or to be involved in all the horrors of civil warfare.
On viewing these provisions of the act under consideration, the committee do unequivocally declare their solemn conviction, that it is in many particulars, unjust, oppressive, and unconstitutional. They would by no means contend that this opinion, if confirmed and adopted by the legislature, would be decisive of the question. While the laws continue to have their free course, the judicial courts are competent to decide this question, and to them every citizen when aggrieved ought to apply for redress.
It would be derogatory to the honour of the commonwealth to presume that it is unable to protect its subjects against all violations of their rights, by peaceable and legal remedies. While this state maintains its sovereignty and independence, all the citizens can find protection against outrage and injustice, in the strong arm of the state government.
Any forcible resistance, therefore, by individuals, to the execution of this act of congress, is not only unnecessary, but would be highly inexpedient, and improper; it would endanger the publick peace and tranquility, and tend essentially to injure and put at hazard that cause, on which nearly the whole people are now so zealously united. The committee are deeply sensible of that accumulated distress which has so long oppressed the whole community, and bears with peculiar aggravation on some particular parts of it. They cannot too highly applaud the unexampled patience and forbearance which has been already exhibited under this pressure of undeserved calamities. And they would earnestly recommend the exercise of the same forbearance, until all those peaceable and orderly means which the constitution and laws of our country will permit, and all those political expedients, which our habits and usages can suggest, shall have been exhausted in vain.
It is to be regretted that no immediate and efficacious remedy can now be proposed for these numerous and aggravated evils. The committee however consider it their duty to recommend without loss of time all such measures, as have appeared to them to be now practicable, and calculated to remove or alleviate the publick distress; they therefore ask leave to
Report in part: A bill to secure the people of this commonwealth against unreasonable, arbitrary and unconstitutional searches in their dwelling-houses—And also the following resolutions.
[Here follow the Resolutions and Bill, published in our last.]
The following is the conclusion of the report of Messrs. Gore, Crowninshield, Hough and Ives, in the legislature of Massachusetts, on the resolutions of Mr. Crowninshield. We have not room for the whole report.
The second resolve proposed assumes as a fact, that the measures adopted by the congress of the United States, in the last year, which were the acts imposing an embargo, on the trade of her citizens, were measures of resistance against France and Great Britain. An assumption which would be scarcely decent, for this legislature to adopt, when the president has pledged his word, which ought to be sacred, to both these nations, that they were not measures of hostility, as appears by the letter of the secretary of state to the minister of the United States at the court of France, under date of Feb. 8, 1808, and by a similar letter to our minister at the court of London, under date of December 25, 1807.
And surely the legislature of Massachusetts would be altogether unmindful of its duties should they attempt to pledge the people of this commonwealth to sanction any measures, the congress might see fit to adopt, after the fatal experience of their measures for the last year—measures which, however intended, have produced only distress and wretchedness at home, disgrace and degradation of our national character abroad.
A short review of the circumstances and condition of the United States, from the adoption of the present constitution, and the conduct of the different administrations under them, may serve to shew what the interest and honour of the nation did, and do require to be done, on the part of our government.
It is well known, that, when congress first assembled, under the existing constitution, the administration was encompassed with the most serious embarrassments, at home and abroad—embarrassments arising out of the waste of capital, the defect of credit, and the want of revenue, at the conclusion of the war—embarrassments, proceeding from the reciprocal claims of the United States and Great Britain, relative to the execution of the treaty of peace—embarrassments concerning the navigation of the Mississippi, and embarrassments, aggravating all such as before existed, which arose out of the French revolution, and that were followed by extensive depredations, committed on our commerce by England, by France and by Spain.
With these obstacles to contend with, the peace and neutrality of the nation were impartially asserted, and maintained—with England, our ancient controversies were satisfactorily adjusted—the posts on our frontiers were given up—Indian wars extinguished—adequate compensation, for depredations committed on our trade, obtained, and the national faith redeemed, by provisions for the final settlement of the British debts. By Spain, our right to the navigation of the Mississippi was recognized, and indemnity secured for the illegal capture of our vessels.
With France, a new treaty was concluded, annulling her unjust decrees, granting us security, as far as the faith of nations can be so considered, against their future re-establishment, and containing her submission to the act of congress, which declared the old treaties void, by reason of their violations on her part.
Thus with foreign nations our ancient controversies were adjusted, and those of a recent date, and which had grown out of a fierce and unexampled war, were composed.
At home, agriculture, manufactures, and fisheries, navigation and commerce were encouraged and extended—the credit of the nation was revived, its capital enlarged, and its revenue established—the publick arsenals were replenished, a naval force created, and the American name upheld, and revered throughout the world.
In this condition of unexampled prosperity at home, and of peace and consideration abroad, our present rulers were called to the administration of the public affairs—and what has been the fruit of their labours? Let the following facts answer:
 Our agriculture is discouraged,  The fisheries abandoned, and  Navigation forbidden—  Our commerce at home restrained if not annihilated.  Our commerce abroad cut off, and  Our navy sold, dismantled, or degraded to the service of cutters and gun boats.  The revenue extinguished.  The course of justice interrupted.  The military power exalted above the civil, and by setting up a standard of political faith, unknown 

to the constitution, the nation is weakened by internal animosities and divisions, at the moment when it is unnecessarily and imprudently exposed to war with Great-Britain, France and Spain.
So great a change, accomplished in so short a time, is unexampled even in the history of weak and unfaithful administrators, and can have proceeded only from the want of that capacity, impartiality and prudence, without which no government can long preserve the prosperity or the confidence of the country.
The dawn of the present administration promised an impartial and patriotic course, and the citizens anticipated a continuance of the publick and private enjoyments, which distinguished our land; but these expectations were soon disappointed, by the avowal of a system of political persecution and proscription, which has interrupted the harmony of good neighbourhood, and gone far to destroy the happiness of social intercourse.
The conclusion of the late war in Europe afforded a favourable opportunity to enter into negotiations for the purpose of establishing such maritime provisions, as in the event of future war, would secure the navigation and trade of the United States, against a repetition of the injuries they had so lately suffered. This opportunity was wholly neglected; and the commercial and maritime treaty with Great Britain, the first naval power in the world, was suffered to expire without a single attempt, that we have ever heard of, to obtain its renewal.
The war in Europe recommenced in 1803, and thereby our commerce was again exposed to interruptions upon the ocean. These served as matter of intellectual remonstrance, until 1806, when France passed the decree of Berlin, thereby violating the provisions of her treaty with the United States, infringing the law of nations, and prostrating the commercial rights of all neutral nations.
This decree is substantially and almost literally the same as that passed by the French directory in 1798, and which president Adams in his speech to congress, in December following, pronounced to be "an unequivocal act of war, which interest, as well as honour, called upon the nation firmly to resist."
Congress accordingly proceeded to pass laws, annulling the treaties with France, prohibiting all commercial intercourse with the French dominions, and providing for the equipment of a naval force, for the defence of our just rights.
The country cannot have forgotten the protection afforded to trade by those measures, so honourable to the nation—measures by which our flag was respected in every sea, and the skill and courage of our officers and seamen displayed, in battle, with the ships of France.
It was in consequence of these oppressive acts, that an early communication was made to our government, of the desire of France, to return to the relations of peace and to the authority of publick law, and the convention which was soon after concluded by our government, with the person who now sways the sceptre of France, accomplished those important objects.
Had our rulers, after the promulgation of the decree of Berlin, followed the example of their predecessors, the English would not have been issued, nor should we now have to deplore the distresses that afflict the country.
If, then, these evils might have been avoided, by imitating the example of 1798, may they not yet be removed, by retracting the erroneous steps which have been taken, and by adopting now those measures which then proved efficacious.
To this end, let congress repeal the embargo, annul the convention with France, forbid all commercial intercourse with the French dominions, arm our publick and private ships, and UNFURL THE REPUBLICAN BANNERS AGAINST THE IMPERIAL STANDARD.
This done, the English orders would cease to operate, we should hear no more of the unparalleled folly of contending, at the same time, with all the great powers of Europe—our trade to every region of the globe, except France and her dependencies, would again recover and flourish—our agriculture would feel the influence of the emancipation of trade, and hand in hand, with general prosperity, the revenue of the nation would once more exceed its expenditure.
Therefore resolved, that it is inexpedient for this house to adopt and pass the resolutions proposed. By order of the committee.
CONGRESS.
SENATE UNITED STATES—February 8. After the senate had retraced from the joint meeting of the two houses,
On motion of Mr. Smith of Maryland, Resolved, That the President of the United States be requested to cause to be delivered to James Madison, Esq. of Virginia, now secretary of state of the United States a notification of his election to the office of President of the United States; and to be transmitted to George Clinton, Esq. of New-York, Vice-President of the United States a notification of his election to that office; and that the President of the Senate do make out and sign a certificate in the words, following: [Here follows the certificate.]
Mr. Giles, submitted the following resolutions for consideration.
Resolved, That the several laws laying an embargo on all ships and vessels in the ports and harbours of the United States be repealed on the fourth of March next, except as to Great-Britain and France, and their dependencies; and that provision be made by law for prohibiting all commercial intercourse with those nations and their dependencies, and the importation of any article into the United States the growth, produce or manufacture of either of the said nations, or of the dominions of either of them.
Mr. Giles also submitted the following motion for consideration.
Resolved, That provision ought to be made by law for interdicting all foreign armed ships from the waters of the United States.
HOUSE OF REPRESENTATIVES.
TUESDAY, February 10.
The house were engaged, some part of this day, in propositions to amend the journal, by noticing thereon the circumstance of a vote of an elector of president and vice-president, for the state of Kentucky, which was not given in, and of course not counted.
A motion was made by Mr. Macon for inserting upon the journal the letter of Matthew Walton, (the elector who did not vote) which was addressed to the other electors of the state, and by them transmitted to the senate, was negatived.
A resolution of Mr. J. G. Jackson, to amend the journal by stating the circumstance in question upon it, was also lost.
Mr. Taylor moved that the committee of the whole should be discharged from the consideration of the bill to prohibit the importation of all goods, wares and merchandise, from the ports of Great-Britain, France and their dependencies, and a resolution submitted by Mr. Rhea upon the same subject.
Mr. Taylor stated that his object was to have the bill recommitted. The subject of exportations to Great-Britain and France not being contemplated by the bill, he wished to have it amended so as to include a provision for the prevention of exportation to those countries and their dependencies.
The committee was accordingly discharged.
Mr. Taylor then moved to refer the bill and the resolution to the committee of the whole, which has under consideration the resolutions for the repeal of the embargo, &c.
After a little conversation, the question was taken on the proposed reference, and lost—ayes 43, noes 56.
On motion of Mr. W. Alston, the bill and resolution on the subject of a non-intercourse, was recommitted to the committee of foreign relations.
Mr. W. Alston then moved to discharge the committee of the whole from the consideration of the resolutions for the repeal of the embargo, &c. submitted by Messrs. Bacon and Nicholas.
After some debate, the question was taken on this motion by ayes and noes, and carried as follows:
YEAS—Messrs. L. J. Alston, W. Alston, jun. Bard, Bibb, Blackledge, Blount, Boyd, Boyle, Burrell, Butler, Calhoun, Clay, Clopton, Cutts, Dawson, Deane, Desha, Durell, Eppes, Findley, Fisk, Franklin, Gholson, junior; Goodwyn, Green, Heister, Holland, Holmes, Howard, Humphreys, J. G. Jackson, Johnson, Jones, Kirkpatrick, Lambert, Love, Marion, M'Creery, D. Montgomery, J. Montgomery, N. R. Moore, T. Moore, Jr. Morrow, John Morrow, Newbold, Newton, Nicholas, Porter, Pugh, Rea (Penn.) Rhea (Tenn.) J. Richards, M. Richards, Say, Seaver, Shaw, Smelt, Smith, J. Smith, Verplanck, Wharton, Whitehill, Wilbour, A. Wilson—65.
NAYS—Messrs. Bacon, Bassett, Blake, jun. Champion, Chittenden, Cook, Culpepper, Dana, Davenport, jun. Elliot, Ely, Gardener, Gardner, Garnett, Gray, Harris, Hoge, Imler, R. S. Jackson, Jenkins, Kelly, Lewis, jun. Livermore, Lloyd, Lyon, Macon, Masters, Milnor, Moseley, Mumford, Pitkin, jun. Quincy, Randolph, Riker, Rowan, Russell, Sloan, J. K. Smith, S. Smith, Stanfield, Stedman, Storer, Sturges, Swart, Taggart, Tallmadge, Taylor, Thompson, Trigg, Upham, Van Allen, Van Cortlandt, Van Horn, Van Rensselaer, D. R. Williams—55.
Mr. Randolph enquired whether, if the motion to refer was lost, the subject would not be before the house. The speaker said it would. Mr. R. then asked for the ayes and noes on the question to refer. They were ordered by the house.
Mr. Bacon had no objection to the proposition of Mr. Nicholas, for the repeal of the embargo, on which the committee of the whole had expressed an opinion, going to a select committee with instructions to bring in a bill in pursuance of that opinion. But as he had also submitted a resolution, permitting vessels to arm for defensive purposes, on which the house had expressed no opinion, he hoped these different matters would not be all mixed together, but that the question would be taken separately on the motion to refer.
The question of reference was discussed by Messrs. Taylor, W. Alston, Quincy, Gardener, Milnor and Holland. At 8 o'clock, the question on the first member of the proposition, as divided by Mr. Bacon's call, was taken and carried—Ayes 55—Noes 36. Adjourned at half past 8.
FRIDAY, February 11.
Mr. Jer. Morrow from the committee on the publick lands, reported a bill for the disposal of certain lands in the Mississippi Territory, claimed under Spanish grants, and reported by the commissioners as antedated, and for other purposes. Read twice and referred to a committee of the whole on Monday.
The house then resolved itself into a committee of the whole on the bill making appropriations for the support of government during the present session.
The blanks being filled up, the committee rose and reported the bill with amendments. It was immediately taken up by the house.
The bill as agreed to was read twice—and ordered to be engrossed for a third reading.
The house went into committee of the whole on the bill "concerning associations for the security of navigation."
Considerable conversation took place on this bill.
Some amendments being proposed and adopted, the committee rose and reported the bill with amendments.
It was read twice, and ordered to be engrossed for a third reading to-morrow.
Mr. Newton from the committee of commerce and manufactures, reported a bill authorising the accounting officers of the treasury to give credit to certain collectors for drawbacks paid by them to owners of fishing vessels. Read twice, and referred to a committee of the whole on Monday.
Mr. Dana laid upon the table a resolution to admit within the bar, judicial officers and gentlemen who have been members of either house of congress. The house then adjourned.
We will dispose of the CARGO of the American Ship June , consisting of Prime Tobacco; Tobacco Stems; and Upland Cotton—And Charter the said SHIP on liberal terms. C. & F. WHITTLE.
Who offer for Sale, 1000 lhd. Richmond and Petersburg TOBACCO, of superior quality, carefully selected, 27. 00 fct MAHOGANY, 6000 bushels coarse SALT, suitable for the fisheries. The Ship ELIZA, buthen 420 hogsheads Tobacco, is offered for Charter. February 15.
THE PUBLICK LEDGER.
WEDNESDAY MORNING, Feb. 15, 1809.
CONGRESSIONAL PROCEEDINGS.—From the proceedings which are given in this day's Ledger , it appears that the committee of the whole house, are discharged from the consideration of the proposition for raising the embargo, and all the various propositions connected with, or contemplated as substitutes for it. The proposition for raising the embargo, arming merchant vessels, non-intercourse, excluding publick armed ships, &c. are all referred to the committee of foreign relations, composed of Messrs. G. W. Campbell, Nicholas, Bacon, Taylor, Fisk, J. Montgomery, Mumford, Champion, and Porter, who have leave to report by bill or otherwise.
We understand that this general reference was not carried without great opposition, as appears from the vote on Mr. Alston's motion, there being 55 to 65. It was urged in favour of this resolution, that the various propositions before the house, clashed, and interfered with each other, in such manner, as to create embarrassment in the proceedings, and that it would be better to present the subjects generally in one view. We shall not be surprised however to learn hereafter, that the effect of presenting the subjects in one general view, will produce the defeat of every proposition, and "throw all up in the wind" once more. A determination to raise the embargo had been clearly manifested, and Mr. Nicholas, who brought forward that proposition, coupled with another, was no doubt much disappointed, in finding the house disposed to raise the embargo, and not inclined to adopt his other measure issuing letters of marque, &c. In this situation Mr. Nicholas would have been under the necessity of voting against his own resolution for raising the embargo, provided it could not be contrived to connect it with other measures. This has, therefore, been effected by a general reference of all the propositions to a select committee.
When we consider the advanced stage of the session, we cannot but apprehend, that measures which the good of the country demand, will either be postponed, or if adopted in part, connected with others, that are calculated to defeat all advantages, which are expected. The strength of the house has already been tried upon propositions leading directly or indirectly to war, and proved to be against such propositions.
If the resolution of Mr. Giles, is adopted, for raising the embargo, as to all nations except France and England, we should be glad to know what reason exists at this time, for such partial raising the embargo, that did not exist in November last, when it was proposed by Mr. Mumford of New-York, or when Mr. Giles introduced his enforcing law? Upon the subject of non-intercourse, we have not leisure at this time to offer our opinions and reasons, we shall only say, that it is a measure, which like our embargo, will be more inconvenient to ourselves, than to those against whom it is directed.
It is stated from Washington, that it has been determined to abandon the 50,000 volunteer system, and to substitute for it 15,000 men, in addition to the military establishment, and that a loan of ten millions of dollars is to be made. It is certain if the non-intercourse is adopted, either a loan or direct taxes must be resorted to, and the former we have no doubt will be adopted, however repugnant to the principles heretofore professed by the party in power. A loan will less affect their popularity than direct taxes; the latter the people would immediately feel, loans may be objected to, in theory, but will not be felt at present.
FROM THE UNITED STATES' GAZETTE.
From our Correspondent at Washington, February 4. "The resolution introduced by Mr. Nicholas of Virginia, and afterwards amended by himself, evidently came from the Palace. The design was this—to cause an act to be passed to repeal the embargo, the 1st of June; and at that time, if Great Britain did not conform to their wishes, to make war upon her. This, they wisely thought, would quiet the eastern people, and the executive would thereby save their popularity. But the wise plan was seen through. A majority of the house neither want war nor a continuance of the embargo. Both are deemed unnecessary—certainly not desirable. The first of June, therefore, was rejected as the time for taking off the embargo; and the 4th of March substituted.
Mr. Randolph then proposed an amendment—by striking out Letters of Marque and Reprisal, which would be war, and inserting,—Authority to arm their merchantmen in their own defence, against the illegal decrees and orders, &c. This would be a lawful action on the part of the United States, and no nation could with reason and justice object to it; and the probability is it would be the means of producing peace. At least, it would with Great Britain, in the first instance, and eventually with France, if she understood her own interests. But strange as it may seem, this plan has met the most violent opposition in the way of back stairs influence , and every thing has been said and done to shake the resolution of the majority, but I hope, with no effect. Caucuses have been held—men have been denounced—individuals have been sent to—and spoken with—and they have even been threatened with war against Great Britain, and have been told that the project of taking off the embargo, must be given up. As yet all (as I believe) except two of the eastern members, remain firm. They deprecate war, and are sensible these blusterers are not the men to make it. But there is no necessity for a war with Great Britain, and this they well know. If the decrees of Buonaparte are resisted, the orders
in council are instantly abrogated. Which they well know. If in resisting the decrees of Buonaparte, they couple the orders in council, this will not be considered by Great Britain as an act of war—on the contrary, an intention of preserving peace, by supporting our neutral rights, and will be a sufficient inducement for rescinding the orders in council. This they well know.
We have sufficient evidence of the fact, from the correspondence published, by order of the house of representatives, and it is in unison with the nature of the thing. Why then, is all this locus pocus and back stair conjuration? "Aye, there's the rub." Great Britain will rescind and we shall have no cause of war with her. Buonaparte will not submit, and we must have war with him. "Base submission," sufficient to make a war hawke puke —he can't talk upon the subject. But I can afford a little comfort to those who are so averse to a war with France. It is certain that France can reap no benefits by a war with us. And sound policy must have altogether deserted her councils, if she should desire the United States to become a party in the war with England against her. We cannot rationally believe that this would be the case—the consequence would be a revocation of her unjust decrees, and a restoration of the property she has so dishonestly wrested from our citizens.
The following is a reply of Mr. Jefferson to a number of Democrats of the city and county of Philadelphia who first assembled to express their approbation of the embargo laws, and afterwards under the auspices of Mr. Dillies, and several other patriots of foreign origin intruded upon a most numerous and respectable meeting of the old inhabitants and of the suffering women of the city and county, who assembled under the sanction of the constitution, to express their disapprobation of those arbitrary measures, and to petition for a redress of grievances. U. S. Gaz.
To the citizens of the city and county of Philadelphia, in Town Meeting assembled.
In the resolutions and address which you have been pleased to present to me, I recognize, with great satisfaction, the sentiments of faithful citizens, devoted to the maintenance of the rights of their country, to the sacred band which unites these states together, and rallying round their government in support of its laws. After the intolable assault on our maritime rights, by the declarations of the belligerent powers, that we should navigate the ocean only as they should permit, the recall of our seamen, recovery of our property abroad, and putting ourselves in a state of defence should persevere on their parts force us to the last appeal, were duties of first obligation; no other course was left us, but to reduce our navigation within the limits they dictated, and to hold even that subject to such restrictions, as their interests or will should prescribe. To this, no friend to the independence of his country could submit.
Your resolution to aid in bringing to justice all violators of the laws of their country, and particularly of the embargo laws, and to be ready at all times to assist in carrying them into effect, is worthy of the patriotism which distinguishes the city and county of Philadelphia. This voluntary support of laws, formed by persons of our own choice, distinguishes peculiarly the minds capable of self-government. The contrary spirit is anarchy, which of necessity, produces despotism. It is from the supporters of regular government only, that the pledge of life, fortune and honour is worthy of confidence.
I learn, with great satisfaction, your approbation of the general measures pursued by the government, enumerated in your address. For the advantages flowing from them, you are indebted principally to a wise and patriotic legislature, and to the able and inestimable coadjutors with whom it has been my good fortune to be associated in the direction of your affairs. That these measures may be productive of the ends intended, must be the wish of every friend of his country—and the belief that every thing has been done to preserve our peace, secure the rights of our fellow-citizens, and to promote their best interests, will be a consolation under every situation in which the great disposer of events may despatch us.
Your approbation of the motives for my retirement from the station so long confined to me, is a proof of their correctness. In no office can rotation be more expedient, and none less admits the indulgencies of age. I am peculiarly sensible of your kind wishes for my happiness in the tranquility of retirement. Nothing will contribute more to it than the hope of carrying with me the approbation of my fellow-citizens of the endeavours which I have faithfully exerted to be useful to them. To the all-protecting favour of Heaven I commit yourselves and our common country.
TH: JEFFERSON.
February 3, 1809.
Gazette Marine Memoranda.
ARRIVED.
Sch'r Harriet, Butler, 3 days from New-York. Sloop Phoebe, Kelly, 7 days from Rhode Island. The sch'r Appomattox, of and from Petersburg, arrived at Boston the 5th inst.
FOR SALE.
The CARGO of the British ship Highlander, from Liverpool, 450 Ton Stoved SALT, 30 Crates WARE. Robert Dickson.
February 15.
I WISH to inform those, with the management of whose business I have been entrusted, as well as the merchants of Norfolk and others, who may have occasion for my services, that I have fixed my residence at Farnham Church in Richmond County, for the purpose of practicing Law in the counties of Richmond, Northumberland and Lancaster. I occupy the house which formerly belonged to Peter Temple, Esq. the most eligible situation in the Northam Neck for an Attorney, as well on account of its proximity to the clerk's office, as its central situation, being nearly equidistant from each court house. These circumstances render the situation peculiarly advantageous to conduct the business of those, who have extensive collections which they wish to be speedily made, in any of those three counties. It is usual for persons offering their services to the publick, to make promises of fidelity and attention which are never performed, that I deem it more proper to disavow such professions at this sort, and to suffer the community to judge by my conduct whether or not I be worthy of confidence. Any communications addressed to me at Farnham, Virginia, will be promptly attended to. Caleb By Upshur.
Feb. 15.

Eagle Fire Company of New-York.
Office of the Company, No. 59, Wall Street.
PROPOSALS
For Insuring Houses, Buildings, Stores, Ships in Harbour, Goods, Wares, and Merchandise, FROM LOSS OR DAMAGE BY FIRE.
The Legislature of the state of New-York, having incorporated the Eagle Fire Company of New-York, with a capital of five hundred thousand dollars, (with the liberty of increasing the same, if the business of the company should require it, to one million of dollars,) for the sole purpose of insuring buildings, and every kind of personal property from loss or damage by FIRE; and the capital of five hundred thousand dollars having all been paid, or secured to be paid, according to law: the directors feel a particular satisfaction in offering to their fellow-citizens, throughout the United States, the means of security against that kind of loss which frequently, in an unexpected moment, involves in destruction the earnings of a life of industry and frugality, and reduces the independent and affluent, together with their families, to poverty and distress. To provide an additional guard against calamities of this nature, has been the primary motive of this INSTITUTION: and the directors engage to conduct its concerns, with a fairness, candour and liberality, which will justly entitle it to the confidence and patronage of the public.
No insured person will be liable to make good the losses of others; but in case of fire, the sufferer will be fully indemnified - The Company also make good losses on property burnt by lightning.
Classes of Hazards, and Rates of Annual Premiums for Insurance against Fire.
 No. I. HAZARDS OF THE FIRST CLASS. Brick or Stone buildings, covered with slate, tiles, or metal. Goods hazardous, and not hazardous, contained in such buildings. 68 1-2 cents per 100 dollars per annum, for sums not exceeding 10,000 dollars in one risk.  No. II. HAZARDS OF THE SECOND CLASS. Brick or Stone buildings, covered with wood. Goods hazardous, and not hazardous, contained in such buildings. 93 3-4 cents per 100 dollars per annum, for sums not exceeding 10,000 dollars in one risk.  No. III. HAZARDS OF THE THIRD CLASS. Buildings, the sides of which are part of brick or stone, and part of wood. Goods hazardous, and not hazardous, contained in such buildings. 125 cents per 100 dollars per annum, for sums not exceeding 10,000 dollars in one risk.  No. IV. HAZARDS OF THE FOURTH CLASS. Buildings, the sides of which are entirely of wood. Goods hazardous, and not hazardous, contained in such buildings. 187 1-2 cents per 100 dollars per annum, for sums not exceeding 10,000 dollars in one risk.  Ships in Port, or their Cargoes, Ships' Repairing or Building, may be insured against Fire.
This manner of classing hazards will give a general idea of the rates of insurance, but there will necessarily be an increase of premium in all cases where the local situation, and other circumstances, increase the risk: such as joining, or being contiguous to wooden buildings, or buildings occupied in carrying on hazardous business - distance from water - no engines or firemen in the town or place, &c. &c. - The premiums may also, in some cases, be reduced on wooden buildings in the country, when standing single or detached, or attended with circumstances of peculiar security: - But in all cases, if the sum to be insured on, or in the same building exceeds 10,000 dollars, an additional premium will be required.
Soap Boilers, Tallow Chandlers, Brewers, Maltsters, Bakers, Rope Makers, Sugar Refiners, Distillers, Chemists, Varnish Makers, Stable Keepers, Tavern Keepers, China, Glass, or Earthenware Sellers, Oil and Colourmen, Turpentine Works, Paper Mills, Printing Houses, Coopers, Carpenters, Cabinet Makers, Coach Makers, Boat Builders, Ship Chandlers, Apothecaries, Theatres, Mills and Machinery, and all Manufacturers that use Fire Heat, are deemed extra-hazardous, and must be particularly described in the policy; and for all such risks an additional premium will be required.
Conditions of Insurance.
 I. All applications for Insurance must be made at the office of the company, in writing; and the subject offered for Insurance accurately described.  II. If the property offered for insurance is within the district of a surveyor of this company, he will examine and report thereon; but if not within any such district, then the applicant must himself furnish an accurate and just description thereof, viz. of what materials each building is constructed; whether occupied as private dwellings, or how otherwise; where situated: the name of the present occupiers; how situated with respect to other buildings. And in the insurance of goods, wares and merchandise, the place where the same are deposited, is to be described; also, whether such goods are of the kind denominated hazardous, and whether any manufacture is carried on in the premises, all which is to be certified and attested in such manner as the nature of the subject will admit. And if any person or persons shall insure, on their buildings or goods, and shall cause them to be described in the policy otherwise than they really are, so that the same be charged at a lower premium than is herein proposed; or if such description be false or fraudulent, such insurance will be void and of no effect.  III. Goods held in trust, or on commission, are to be declared as such; otherwise the policy will not extend to cover such property.  IV. Every Policy of Insurance, made by this Company, shall be sealed with its seal, and signed by the President and Secretary; and the person for whose interest the insurance is made, must be declared and named therein; nor can any Policy, or Interest therein, be assigned but by consent of the Company, expressed by endorsement made thereon.  V. No Insurance will be considered as made or binding, until the Premium is paid.  VI. Persons insuring Property with this Company, and who have already made other Insurance on the same property, shall give notice thereof in writing, at the Company's Office, before, or at the time of the execution of the Policy: and persons who, after insuring Property with this Company, have Insurance made on the same property elsewhere, shall, with all reasonable diligence, notify the same in writing at the Office of the Company, and have the same endorsed on the policy, or otherwise acknowledged in writing; in default whereof, the Policy shall cease, and be of no effect; and in case of loss, each party insuring shall be liable to the payment of a rateable proportion of the loss or damage which may be sustained.  VII. No loss or damage by fire will be paid, that may happen or take place in consequence of any invasion, civil commotion, riot, or military or usurped power whatever.  VIII. Books of Accounts, Written Securities, Notes, Bills, Bonds, Deeds, Ready Money, or Bullion, cannot be insured.  IX. Jewels, Plate, Medals, or other Curiosities, Paintings and Sculptures, are not included in any insurance, unless such articles are specified in the policy.  X. All persons insured by this Company, sustaining any loss or damage by fire, are forthwith to give notice to the Company, and as soon after as possible, to deliver in as particular an account of their loss or damage, signed with their own 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, and other proper vouchers, as shall be reasonably required: and shall make oath, whether any and what other insurance is made on the same property; and shall procure a certificate, under the hand of a magistrate, notary public, or clergyman, most contiguous to the spot where the fire happened, and not concerned in such loss, that they are acquainted with the character and circumstances of the person or persons insured; and do know, or very likely believe, that he, she, or they, really, and by misfortune, and without fraud or evil practice, have sustained by such fire, loss and damage to the amount therein mentioned; and, until such affidavits and certificates are produced, the loss 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.
XI. In case any difference shall arise, touching any loss or damage, it may be submitted to the judgement of Arbitrators, indifferently chosen, whose award in writing shall be binding on the parties. And when any loss or damage shall happen, the company shall pay for the same in sixty days after the loss shall have been ascertained and proved, without allowance of discount, fees, or any deduction whatever.
XII. Insurance may be made for seven years, by paying the premium for six years, and for a less number of years than seven, a reasonable discount will be allowed.
The Subscriber being appointed Surveyor for the Eagle Fire Company, upon application, will survey, and value, such buildings, (or property contained therein) upon which Insurance may be required.
Francis Foster, Church-Street, Norfolk. Feb 13
At a Meeting of the Proprietors of the Dismal Swamp Company, held at Williamsburg on the 19th ultimo, a Dividend of TWO HUNDRED DOLLARS on each quarter share was declared; which sum will be paid by a draught from the Managers upon their agent at Suffolk, after the first of March next; proper vouchers of the right of the claimants being produced, and subject to any discount the company may have against the claimants.
A Meeting of the Company is to be held annually at Suffolk on the first Tuesday in May, and it is requested the proprietors will be punctual in their attendance, either personally or by their attorneys.
William Nelson, John Bracken, Corbin Griffin, Jas. Henderson, Managers. February 24. 1aw3m
Norfolk Borough: At a Husting Court continued and held the 24th day of July, 1805.
John Dixon and Sarah his wife, John Allen and Frances Keeling his wife, and Anne Moore Valentine an infant under the age of twenty one years by the said John Dixon her guardian and next friend, - Complainants;
AGAINST Jacob Valentine, administrator of the goods and chattels of John Valentine, deceased, unadministered by Anna Valentine, the former administratrix, - Defendant;
THIS suit abates as to the complainant John Dixon by his death - The attachment awarded against the defendant being returned executed, and he having failed to file his answer - On the motion of the complainants, it is decreed and ordered that master commissioner Cowper, examine, state and settle an account of the slaves and other personal estate of John Valentine, deceased, which came into the hands of the defendant Jacob Valentine, and report any matters specially that either party may require. A Copy, - Teste, William Sharp, C. C.
THIRD NOTICE.
THE parties in this cause are desired to take notice, that I have appointed the third Tuesday in the next month February, being the 21st of the month, to carry the above order into execution, on which day at 10 o'clock in the forenoon, the said parties are requested to attend at my office.
JOHN COWPER, M. C. of Norfolk Borough Court. Commissioner's Office, Jan. 27, 1809.
Norfolk Borough, At a quarterly session court held the 28th day of November, 1808.
The Marine Insurance Company of Norfolk, Against Felix Corran, Michael Corran, Noble and Arbuthnot, & co. and Theodoric Armistead, Defendants.
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 secret such effects, but retain them until the further order or decree of this court. A Copy, (Teste,) Wm. Sharp, c. c. Dec. 2.
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.
REMOVAL.
THE SUBSCRIBERS have removed to the end of Newton's Wharf, to the house lately occupied by Mr. Myers. JENNINGS & RODDEY. January 11.
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
FOR SALE, 100 barrels Philadelphia Loaf Sugar, first and second qualities. Donaldson, Thorburn & Co. January 25.
SPANISH HIDES. One Thousand SPANISH HIDES. - For Sale, by Wm. Plume, & Co. January 23.
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.
For NEW-ORLEANS, The American Ship ELIZABETH, 300 tons burthen, Timothy Tufts, Master, in complete order, will be ready to depart the 28th inst. For freight or passage apply to the captain on board, or to
C. & F. Whittley 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. an. 4.
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.
FOR SALE BY THE SUBSCRIBER, The CARGO of the Ship Lowden from Liverpool, viz 7,000 bushels STOVED SALT, 7,000 do. COARSE do. 1,000 Sacks FINE do. A. MACLURE. January 25.
AT PRIVATE SALE, 4,000 bushels Turk's-Island SALT, 20 hlds. LOAF SUGAR. By Sol: Marks, jr. Dec. 30.
FOR SALE In our Ware-House, where the largest vessels can come alongside, 15,000 bushels of CORN, 2000 do. do. white, 30 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.
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.
Phœnix 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 3/4 cents per $100  Two do. 20 do. do.  Three do. 25 do. do.  Four do. 30 do. do.  Five do. 35 do. do.  Six do. 40 do. do.  Seven do. 45 do. do.  Eight do. 50 do. do.  Nine do. 55 do. do.  Ten do. 60 do. do.  Eleven do. 65 do. do.  Twelve do. 70 do. 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.
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.
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. Tully 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.
FOR SALE, 3000 bushels Turk's-Island SALT, Now on board the Sloop Julianra, Capt. Stowe. Also, 21,000 feet MAHOGANY, A few puncheons Old Antigua Rum, New dg. Molasses, Sugars, Indian Meal in barrels. John Granbery. September 21.
Dr. Tissot's celebrated Gout and Rheumatik 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 Rheumatik Drops. Large quantities have already been vendted, 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 value, and a volume of affected cases performed by them, may be seen upon application at T. W. Dyott's genuine Drug and Patent Medicine Warehouse, No. 57, South Second-street, Philadelphia. The price of Dr. Tissot's Gout and Rheumatik 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 Kidgely 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 Rheumatik 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 benificent 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 to Dr. Tissot's Gout and Rheumatik 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 rheumatik pains for more than eight years, being recommended to apply Dr. Tissot's Gout and Rheumatik Drops, on only using half a bottle every rheumatik 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. DYOTT, at his Medical Warehouse, No. 11, North Second-street, Philadelphia; sold also by his appointment, at BONSAL, CONRAD, & Co's Book Store, Norfolk; and at SOMIRVELL & CONRAD's, Petersburg.
Where also may be had, The IMPERIAL WASH,
AndSection-Header"> And new invented LIQUID, For taking out stains, and preserving the quality and colour of saddles, and tops of boots. May 20. law1y
75 barrels Rye WHISKEY, Landing this day from Walker's Packet.
In STORE,
 Coarse SALT,  Blown ditto, loose and in Sacks,  St. Kitt's SUGAR in hds. and bbls.  ditto MOLASSES,  Prime Green COFFEE,  Havana MOLASSES,  EARTHENWARE, well assorted.  CLARET of superior quality in cases,  MADEIRA WINE,  DEMIJOHNS,  Philadelphia PORTER - in wood.  RICE in tiers and half tiers,  Prime PORK - city inspection,  Richmond TOBACCO,  Petersburg do.  TAR, PITCH, &c. &c. &c.  All of which we will dispose of on liberal terms. C. & F. Whittle. Jan. 25.
THE SUBSCRIBER
Wishes to Sell, and will Sell or Rent on moderate terms,
That very excellent Wharf and Lot, in the town of Gosport, at present occupied by William Smith; the Wharf, Ware-Houses, and Dwelling-House are all in good repair.
Thirteen Lots in the Town of Suffolk;
And the following Property in Norfolk, Two good Fire-Proof Warehouses on the Eastern side of Commerce-Street, Nos 4 and 6, Two Dwelling-Houses and Lots on Boush-street, in good repair, and very pleasantly situated. Apply to John Granbery. September 14.
NORFOLK:
PUBLISHED THREE TIMES A-WEEK, BY WILLIAM DAVIS,
FOR THE PROPRIETOR, Opposite the Exchange Coffee-House, Price Six Dollars Yearly, in advance.