Norfolk gazette and publick ledger (Norfolk [Va.]), 1809-12-08 00:00:00

FOR CHARTER. The stanch Sch'r William, burthen 107 tons. 18 months old, well found, and in complete order for sea. Apply to H. HAND, at the Exchange Coffee-House, or to
Theo. Armistead. December 4.
We want to Purchase or Charter, A SHIP, Of from 4 to 600 hogsheads, FOR SALE, 2000 bushels coarse SALT, 650 hogsheads Richmond and Petersburg TOBACCO, 140 bales Sea-Island COTTON. C. & F. WHITTLE. November 24.
FOR CHARTER. The Ship ARISTIDES, Captain Williams, burthen 260 tons.
Moses Myers & Son. Who have for Sale, 60 hhds. and 5 tierces choice Molasses, on the wharf—And in Store, Russia and Raven's Duck; French Brandy, Muscovado Sugar; best Green Coffee; Teneriffe Wine, Sherry Wine; No. 1, 2, and Mess Beef, New-York Pork. November 10.
FOR CHARTER. The Ship PLUTARCH, Captain George Paxon, burthen 268 tons. Moses Myers & Son. For Sale on board of said Ship, 8000 Bushels Coarse SALT. November 10.
For Charter, The Ship General Colbourn, Capt. Prince, burthen 243 tons. MOSES MYERS & SON. Stowed SALT for sale on board the above Ship, and a few CRATES. In Store—RUSSIA and RAVEN'S DUCK. November 3.
For Freight or Charter, The Schooner SIBAE, Capt. Star, burthen 800 barrels.
AND FOR BUYON. The Sch'r Two Brothers, Capt. Clement—will take freight. Moses Myers & Son. Who have for Sale, 15 pipes best Holland GIN. November 17.
GEORGE MINTOSH, has received by the Ship General Colbourn, from Liverpool, and the Norfolk from London, in addition to his former assortment, Patent Silk HATS, Glazed Leather do. Superfine Blue and Black Cloths, and fashionable Cassimires. A great variety of Fashionable and Fancy Waistcoats, Scots and Venetian Carpeting by the piece or bale, Superfine Welch Flannels and Plains, London Glue and Turkey Oil Stones, Spikes, Nails and Nacks, Copperas and White Lead, Hardware in great variety, consisting of fashionable and plain Buttons, Fashionable Sets of Tea Trays, Plated Sets of Harness and Bridle Mounting, Plated Webbing and Coach Lace, Plated Bittle and Chair Dits of every description, Plated patent and common Stirrup Irons, Patent Locks of all sorts, made on a new principle, so that they cannot be picked, nor opened with false keys. Metal Tea Kettles and Stew Pans, with almost every article in the Hardware and Cutlery Line. Also, Crates of EARTHENWARE, Small Sets Blue Table China, Assorted hogsheads of the best Liverpool Glassware, which will be disposed of on reasonable terms. November 8.
German Linens, Sacking, &c. For Sale by the Subscriber, 8 Bales Hemp OZNABURGS, 3 do. Flax do. 5 do. Brown ROLLS, 3 do. HESSIANS, 750 Sacks of best twined SACKING, COFFEE, LOAF SUGAR, &c. James Thorburn. November 8.
THE SUBSCRIBER Has commenced business on Campbell's wharf, No. 5, where he has on hand, and will constantly keep, a good supply of Articles in the
GROCERY LINE, Which he will sell on moderate terms for Cash. Dennis Dawley. WHO WANTS, A Smart LAD of respectable connections to attend the Store. November 8.
FOUND. A Navy Officer's DIRK. The owner may have it again by paying for this advertisement, and applying at No. 124, Main-street. December 4.
PARIS, September 14. Account of the military operations on the Scheldt, from the surrender of Flushing till the evacuation of the fort of Batz by the English.—Moniteur. Every circumstance relative to the military operations of the Scheldt, during the siege and bombardment of Flushing, is so important, that it had been thought proper to publish the pieces themselves, or extracts of the official correspondence. The latter operations from the surrender of Flushing till the evacuation of Batz, do not require to be detailed so minutely, it will therefore be sufficient to sketch their outlines.
After taking possession of Flushing, the enemy seemed to employ the period that elapsed between the 15th and 19th of August in collecting all his force round the fort of Batz, situated at the extremity of South Beveland, at the point where the Scheldt divides itself into two arms. Every thing seemed to indicate in the enemy an intention of transporting his army over the Eastern Scheldt, on the right bank, between Sandeliet and Bergen-op-Zoom, whilst his flotilla and men of war should attack the forts on the banks of the Scheldt and out on the river.
Meanwhile the prince of Ponte Corvo, who arrived at Antwerp on the 14th, availed himself of the time spent by the English, in making this hostile demonstration, to execute the order of the emperor, organize, dispose and animate the troops, accelerate defensive labours, inspire the army with confidence, and snatch from the enemy the possibility of attacking Antwerp. His excellency, gen. Dejean, who arrived on the 10th, co-operated in forwarding these plans as minister director of the war administration, and first inspector-general of engineers; vice admiral Missessy, the generals, the officers of artillery, the naval prefect of the department, all the authorities displaying in their various functions, the same zeal and talents, directed by the same spirit presented a noble union of will as well as resources tending towards one single end, the disgrace of the enemy, and the glory of the arms of France.
Whilst the British forces were collecting round Batz, new troops, cavalry, and artillery, pouring in from every quarter, swelled our army at Antwerp. The two French and Dutch corps, posted near Bergen-op-Zoom and Hultz, were continually reinforced, and in readiness to fall on the rear and flank of the enemy, whilst the army should attack him in front, and throw him back into the Scheldt, at the moment of confusion that would attend his attempt to land on the dikes, or the sands and muddy grounds that form the banks of the river.
The French fleet ascended the Scheldt, and yielding for the service of the army part of its sailors and marines, co-operated in the defence of the land, whilst the flotilla, covered by the batteries, and protected by gun-boats, grounded for the purpose on the banks, formed a double line that flanked both fort Lillo, and fort Liefkenshoek. New batteries were raised in the covered way of these forts, the strength of which defied attack, to sweep the surface of the river.
Under the protection of this line of defence a second was formed. The old forts were raised anew, and batteries were erected on those which could not resume their former shape. Labourers, cannon, and soldiers, covered alternately, all those posts, forgotten since the famous siege of Antwerp in 1583; the forts of St. Philip and St. Mary, which formerly defended the bridge cast over the Scheldt by the duke of Parma; Fort Pearl, which covered the opening of the canal, cut during the siege to facilitate the conveyance of provisions and ammunition from Gand to the besieger's camp below Antwerp; the fort of the Cross, which protected the dike of Cowestein, the brave defence of which prevented a flotilla from throwing any succours into the town whilst navigating on the inundations. To all these posts was added the battery of Millekays, most favourably situated on a portion of a perpendicular dike, at one of the elbows of the river.
In this position, rendered celebrated two centuries ago by the offensive works of the besiegers, our marines reproduced those very same works for our defence; planted strong wooden posts; collected boats, and prepared them in a manner to prevent their being sunk, and formed a double boom under the protection of the forts and batteries of the Cross, Millekays, Pearl, St. Philip, and St. Mary. Behind this boom, and beyond the point where ships, in order to double the Cape of Fort St. Philip, are obliged to describe a curve in the Scheldt, three men of war were stationed, whose treble batteries commanding the passage, would have assailed the enemy in front, whilst his flanks and rear would have been cannonaded by the forts and batteries on both banks of the river.
Higher up forts Isabella and Ferdinand, supported by the imperial battery, formed a third defensive line, which it was necessary to break through in order to approach the fleet and dock yards, which might have been further secured by sinking vessels in the river, that might have been raised again after the siege—a last means of tearing from the grasp of the English a prey which they may have thought almost in their power.
Supposing the difficulties to have been conquered, the fortified town and citadel of Antwerp still remained, and it would have required the greatest exertions on the part of the enemy to have attacked a brave garrison, protected by these various obstacles and measures equally prudent and bold were taken to seize and wreck these floating mines; and our navy in retaliation, increased in good works, resolved to defend itself like the garrisons of Genoa and Mayence, that is to fight without its walls, and to contend obstinately, in the midst of inundations, for each of the numerous natural parts with which Antwerp is surrounded.
To this system of defence, the threatening dispositions of the English only served to inspire us with the bold determination of adding new ones. Three batteries were, by command of the Prince, erected under the fire of the enemy. The one at the Point of Doel, another in the ruins of the old fort of Frederick Henry and the third between that fort and Lillo, in the elbow which the dike forms near the creek of Blawgeeren.
Such were the means of defence employed to secure Antwerp, its dock yards, and its fleets.
We must, however, acknowledge that time would have been wanting to finish those immense preparations on every point and that hostile fortune might have granted some momentary advantages to the English, had they, on the 19th of August made their attack, and displayed all their means with the prudence and boldness indispensably necessary to meet such difficulties and such adversaries. But even this was foreseen. Defensive positions were marked in the neighbourhood of Antwerp, to be taken by the army which received daily reinforcements, and measures had been planned in conformity with the emperor's commands, to cause the very progress of the enemy to become a snare, by which he would be separate from his ships, and the punishment of his temerity would have been more complete and memorable.
Every day of delay rendered the attack more difficult and its success more doubtful. New legions followed those which a first call had created, and French warriors rushing from every part, displayed that unanimous resolution, which saved them at the hour of misfortune, of never suffering the enemy to invade their territory. Reinforcements of artillery arrived incessantly. The first inundation were effected, and the others prepared. Labourers and means of conveyance grew every day more numerous; and the soldiers belied with complacency the progress of the works which covered the Scheldt with forts, batteries and booms. Every day it became more probable that the naval forces of the enemy would not attempt to penetrate through the sinuosities of the river, in defiance to all the obstacles raised against them, and with a total disregard of the danger they would run off, having their retreat cut off. It was therefore, likely that the English would begin by attempting to destroy the defences of the two banks; that the only means of effecting this purpose would be to attack our army; and that they would not be able to resist the shock of the forces destined to attack them at the moment, and in the confusion of their landing which if delayed, would prove more difficult.
Every thing showed the enemy wavering in his plans; uninformed or mistrustful; confounded at the sight of unforeseen obstacles; spending in reconnoitring, the time which served to encircle them, and losing with the opportunity the will of attacking us. His boats employed in sounding the channel of the Scheldt, proved that he was not acquainted with its windings. His gun boats assailing every night with rockets the batteries erecting at Coel, and in the ruins of the fort of Frederick Henry, did not check the construction of these works, in which we approached to bid him defiance. In a word, although the collected ships at Batz made some offensive demonstrations, they were such as not to announce the transport or landing of any considerable corps of troops with its artillery, across the arm of a wide river, on a point selected before hand and defended by an army.
Information, however, founded on these demonstrations, led us to believe several times but especially on the 23d of August, that the enemy's intention was really to land; and the prince of Ponte Corvo announced the approaching attack in the order of the day, as an ordinary event, long expected by the army. Every thing was quiet, but until the 28th August, bombs and cannon balls, thrown by the enemy's gun boats against the batteries of Doel and Frederick Henry, a fire of musketry against the dikes, vain discharges of artillery, and trifling engagements at out posts, were the only hostilities committed by the English.
When losing with the hope of an easy victory, the wish of attacking our army, the enemy, if we give credit to the rumours circulated in Zealand, attempted to devise means of sending fire-ships and internal machines against the booms and the fleet, and closing the Scheldt by sinking into its deepest channels, vessels with stones or whole blocks of stone work. We might have entrusted the rapid current of the river with the care of opening new channels for our ships, by removing or destroying the number of its fire-ships, in order to fight the enemy with his own weapons and with offensive means which the number and collection of his vessels would have rendered more destructive.
Convinced, at last, that their miserable attempts, after the pompous display of their Expedition, would only draw shame, and ridicule upon their arms, the English seemed to intend to carry their land and naval force to other parts less well prepared to oppose them—They threatened at once Holland, the countries of Huls and Axel, the island of Cadand, and the coast of Flanders. But, on the side of Holland they would have met Gen. Grafton's division, on its return from the north of Germany, and the Dutch population arms to defend their king, their country and their allies. In the countries of Huls, Axel, and Cadand, an army created whilst the enemy menaced Antwerp, awaited him, under the orders of the marshal Duke of Carabano, and on the same line of the army, the imperial legion of engineers had put all the dikes under water, and on the coast from Huls to Antwerp, beyond the reach of danger. Whatever be the point of attack, the prince of Ponte Corvo, at Antwerp, in the centre of his forces, ready to receive them with his army. Every thing showed that France and
The prospect of so many obstacles increased the sickness prevalent in his army, caused the enemy to prefer the disgrace of a retreat to that of a defeat. His last demonstrations had no other object to conceal the preparations of his retreat. The island of Beveland and the fort of Frederick Henry, abandoned. As early as the 29th of August, several men of war, frigates and cutters, came down to Flushing—a few days later they descended the Scheldt. On the 4th of September, a sail was seen before Batz, our gun boats took possession of that fort, and in a few hours restored it to the Dutch troops belonging to the corps of general Dumonceau.
Such is the result of this grand expedition. In order to diminish the disgrace with which it had been attended, the English will undoubtedly exaggerate the importance of an easy conquest (Flushing.) But Europe will see, by their own acknowledgements, that they have missed the principal end of their expedition. Their allies will reproach them with having sacrificed the advantages of the common cause to their commercial avidity. The habit of adding to their naval force by the capture or destruction of a few ships—the vain hope of shutting a river that rivals the Thames, have outweighed, in their consideration, and in the midst of the great events that took place in Austria, and Spain, the interests of their allies. Were not besides the national guards which, 20 years ago, conquered them under the walls of Dunkirk, equal to the task of defeating their designs? Should Spain be sooner tranquillized—should Austria hasten the signature of peace, Europe will this time, owe these blessings to England. To her, France is indebted for the present opportunity of displaying her power against an unexpected attack, and proving that a single call of the emperor to twenty of his divisions, is sufficient to raise in less than a month, one hundred thousand warriors, against his enemies, without drawing a man from his armies, which were fighting at a distance of seven hundred miles from the point of attack.
SUGARS, COFFEE, &c. 48 hhds. } Muscovado Sugars, 59 barrels } 12 boxes white } Havanna Sugars, 6 do. brown } 19 barrels } Green Coffee, 63 bags } 5 hogsheads Antigua Rum, 2 pipes French Brandy, 12 chests Young Hyson Tea, 23 barrels New-York prime Beef, and a few dozen Morocco Skins—For Sale by J. O. Walker, December 6. No. 2, Maxwell's wharf.
LANDING From on board the Schooner Catherine Shepherd, Capt. Forsyth, from Porto Rico, 22 hogsheads } Choice Muscovado Sugar, 198 barrels } 24 barrels } Prime Green Coffee, 215 bags } For Sale by H. ALLMAND, December 6.
Norfolk Drawbridge Company.
NOTICE is hereby given, that at the request of a member of the Stockholders, the Dividend as well as interest on the Southern Branch of Elizabeth River, will be paid at the Bank of the Year to the Highest Bidder, on the Fifth day of January, at the Exchange Coffee House in Norfolk. The rent to be paid quarterly, for which good security will be required. December 5. H. Allmand.
Valuable Plantation. MY declining state of health, obliges me to offer for Sale (the life lease of) that VALUABLE PLANTATION, whereon I now live—the improvements of this place are incalculable, being extremely fertile. &c.—All the benefits of Lynnhaven Bay, which is inferior to none for Fish and Oysters—a gentleman wishing to purchase (the remainder) will first view the premises, and in doing so will find this desirable spot to greater advantage than I have possibly described. The purchaser can be furnished with all the useful utensils for farming, such as Poultry, Stock, Horses, Cattle, Sheep, Swine, Hogs, Pork, Household and Kitchen Furniture, &c. Hire or Sell, a few Negroes, to accommodate a small proportion of the purchase money will be expected in Cash—the balance, a credit of 12 months will be given. Possession may be had immediately. Robert Smith, Princess-Anne, Bay-Side, Nov. 30, 1809.
J. S. DUPIN, Respectfully informs the public, that he has on hand, a very handsome assortment of LOOKING GLASSES, of every description; Pictures, Prints, &c. &c. The sale will be very moderate. Apply at No. 20, Church-Street. December 1.
250 bbls. superfine FLOUR. A Lot—For Sale by J. S. Dupin, November 22.
150 bales Hay and 1500 bushels CORN. For Sale by J. S. Dupin, November 22.

Documents which accompanied the Message of the President of the United States
December 23, 1807.
Mr. President, In conformity with the provisions of the act "to suspend the intercourse with Great Britain," passed March 2d, 1807, I have the honor to submit to you the following observations on the course of proceedings since that act was passed, and the reasons which have induced me to believe that the arrangement was not binding on the government, because made with a knowledge on our part that Mr. Erskine had no authority to make it, and thus to convert the responsibility of his government for the disavowal into a reproach on this for its conduct in the transaction disavowed.
I will not dwell on his reluctance to give up the uncertainties of verbal for the precision of written discussion; nor on the manner or the time of his doing it, nor on the room at all for a statement, which, in order to guard against the misapprehension incident to verbal conferences, I had placed before him in writing, with a request that he would point out any inaccuracies, and to which he did not then object otherwise than by intimating that he could not have made a statement with the particular view which seemed to be supposed.
With respect to the orders in council, the ground of the disavowal is the difference between the arrangement and the printed despatch of Mr. Canning to Mr. Erskine of the 23d January.
1st. In not relinquishing the trade of the United States with enemies colonies.
With respect to this point it is not necessary at this time to discuss the right of that trade. It is sufficient to remark, 1st. that as the trade is admitted to have become, in the view of Great Britain, of little practical importance, why has it been made a ground of the disavowal, and, especially, as important considerations only could upon principles of public law, have justified a measure of so serious a character?
2d. Another point in the despatch, and not in the arrangement, is, that the British navy might capture our trade to ports prohibited by the United States.
This condition too appears to have had its origin in a mistake of your meaning in a conversation with Mr. Canning, as noted by yourself, and in an inference thence deduced as to the disposition of this government.
In his reply to vindicate his government Mr. Jackson has attempted a gloss on this most extraordinary idea of calling on a foreign sovereignty, not indeed to make laws for us, but, what is equivalent in principle, to supply a supposed inability to execute them.
As to the remaining point in the despatch, not secured by the arrangement, is that which required, that our prohibitory laws should be repealed as to Great Britain, they should be left in force as to France and the powers adopting or acting under her decrees.
This is the condition which alone properly belongs to the subject, and it is to be remarked in the first place that the British project, of which this condition makes a part, contemplated two things in their nature incompatible; one, a repeal of the prohibitory acts as to Great Britain, without waiting for the conclusion of a regular treaty, the other, a pledge or engagement for their continuance as to the other powers.
Before submitted to the British government, the President's Proclamation, in pursuance of the act, was continued in force, and, in consequence, in the event of a repeal of the act, would necessarily remain in force, and the effect of the British decrees doubly obnoxious.
But if on this head doubts could have been entertained, instead of rejecting the arrangement, might not the repealing act on our part have been met with a suspension at least of the orders in council, until it could have been seen whether the non-intercourse law would or would not have been continued against France.
I am not unaware, you may be told, that the non-intercourse law of the United States did not extend to Holland, though so intimately connected with France, and so subservient to her decrees against neutral commerce.
Thus has she from the date of them, until very lately, directed them against the American trade even to Russia, although Russia has never adopted the French decrees, nor otherwise violated our neutral trade with Great Britain.
But it may be of more importance here to compare the British order in council of April last, with the arrangement of April, made by Mr. Erskine.
Under the order in council of April all the ports of Europe, except France, including the kingdom of Italy and Holland with their dependencies, are opened to our commerce.
Under the arrangement of April combined with our act of non intercourse, all the ports of Europe, except France, including the kingdom of Italy and Holland with their dependencies, are opened to our commerce.
The difference then is reduced merely to Holland, and that again is reduced to the difference between a direct trade to the ports of Holland, and an indirect trade to Holland, through the neighbouring ports of Rotterdam, Hamburg, Bremen, and Emden.
Now, as the injury of the enemies of Great Britain is the only avowed object of her interdicting order against our trade, let a computation be made of its effect, which this difference between the order in council and the arrangement could possibly have in producing such an injury.
It is necessary, as Mr. Jackson has stated, to set bounds to a spirit of encroachment and universal dominion, which would bind all things to its own standard, and to falsify by honourable and manly resistance an announcement that all Europe, is submitting by degrees, the effort must be feeble, indeed, which is to be found in the inconvenience accruing to the formidable force from the operation of this order in council, and especially when we combine with it the strange phenomenon of substituting for the lawful trade of the United States, a trade of British subjects, contrary to the laws of the adverse party, and amounting without a special licence, in the eye of British law, to high treason.
Thus much for the orders in council. What has taken place with respect to the case of the Chesapeake will equally engage your attention.
You will perceive, that throughout the early stages of the correspondence, this case was in some respects improperly confounded with, in others improperly separated from that of the orders in council; and particularly that pains had been taken by Mr. Jackson to substitute verbal and vague observations on the disavowal of this part of the arrangement for an explicit and formal explanation, such as was obviously due.
With respect to his intimations in conversation, as they were preceded by no proper assignment of the reasons for not having executed the original adjustment, it cannot be necessary to remark that no such intimation, as he wished to obtain, could with any sort of propriety have been taken of them.
With respect to his written project, it will suffice to remark:
1st. That, besides his reluctant and indistinct explanation of the disavowal of the original adjustment, he did not present his proposal, until he had made such progress in his offensive insinuation as made it proper to wait the issue of the reply about to be given to it, and that this issue had necessarily put a stop to further communications.
2dly. That although he had given us to understand that the ordinary credentials, such alone as he had delivered, could not bind his government in such a case, his proposal had neither been preceded by nor accompanied with the exhibition of other commission or full power.
in due form for the specific purpose of concluding a treaty or convention.
But it will be said, whether by the treaty or convention, to which it related, was not meant an extension of professional treaty on the general relations between the two countries without any reference to the case of the Chesapeake.
Considering then the conditions in the proposal as an ultimatum, in what light are we compelled to view such an attempt to repair the outrage committed on the frigate Chesapeake and to heal the disappointment produced by a disavowal of a previous equitable reparation?
It is impossible on such an occasion not to recall the circumstances which constituted the character of the outrage to which such an ultimatum is now applied.
Under these circumstances we are called upon to ransom the captives.
1st. By acknowledging that a precautionary proclamation, justified by events preceding the outrage, by the outrage itself, and by what immediately followed it, was unjustifiable, and that a repeal of it was properly a condition precedent to a reparation for the outrage.
2d. By throwing into complete oblivion the conduct of the officer answerable for the murderous transaction, with a knowledge too on our part, that instead of being punished or even brought to trial, he has been honoured by his government with a new and more important command.
3d. By admitting a right on the part of Great Britain to claim a discharge from our service of deserters generally, and particularly of her natural born subjects, without excepting such as had been naturalized in due form under the laws of the United States.
It has not been explained, whether it was meant, as the universality of the term "deserters" would import, to include American citizens who might have left the British service.
After the correspondence with Mr. Jackson was terminated, two notes, of which copies are herewith sent to you, were presented to me in the name and by the hand of Mr. Oakeley, the British Secretary of legation.
The first requested a document, having the effect of a special passport or safeguard to Mr. Jackson and his family during their stay in the United States.
Another ground on which a protection was asked for, is the supposed tendency of the language of our newspapers to excite popular violence on Mr. Jackson's person.
Another ground on which a protection was asked for, is the supposed tendency of the language of our newspapers to excite popular violence on Mr. Jackson's person.
his country, act boldly in that freedom that the freedom of British press, however great with respect to public characters of the United States, has not been a topic of complaint, and that supposed latitude of the American press to assert that of Great Britain, the difference is in truth less in the press between the two, than between the British press and that of the other nations of Europe.
The second note seems to be essentially intended as a justification of the conduct of Mr. Jackson in that part of his correspondence which has given umbrage.
It was never objected to him that he had stated it as a fact that the three propositions in question had been submitted to me by Mr. Erskine, nor that he stated it, as made known to him by the instructions of Mr. Canning that the instruction to Mr. Erskine containing those three conditions was the only one from which his authority was derived to conclude an arrangement in the matter to which it related.
To the other enclosures I add a printed copy of a paper purporting to be a circular letter from Mr. Jackson to the British consuls in the United States.
The observations, to which so much extent has been given in this letter, with those contained in the correspondence with Mr. Jackson will make you fully acquainted with the conduct and the character he has developed, with the necessity of the step taken in refusing further communications from him, and with the grounds on which the president instructs you to request that he may be immediately recalled.
With great respect, &c. R. SMITH.
Wm. Pinkney, Esq. &c. &c.
Mr. Canning to Mr. Pinkney.
Foreign Office, May 27, 1809. Sir,—According to the intimation which I gave to you in our last conference, I have now the honour to enclose to you a copy of the order in council which his majesty has directed to be issued for the purpose of preventing as far as possible any inconvenience or detriment to the merchants of the United States, who may have entered into commercial engagements on the faith of the unauthorised engagements of Mr. Erskine previously to the notification in America of his majesty's disavowal of those engagements.
Having had the honour to read to you in extenso the instructions with which Mr. Erskine was furnished, it is not necessary for me to enter into any explanation of those points in which Mr. Erskine has acted, not only in conformity, but in direct contravention to them.
I forbear equally from troubling you, sir, with any comment on the manner in which Mr. Erskine's communications have been received by the American government, or upon the terms and spirit of Mr. Smith's share of the consideration.
Such observations will be communicated more properly through the minister, whom his majesty has directed to proceed to America—not on any special mission (which Mr. Erskine was not authorised to promise, except upon conditions not one of which he has obtained) but as the successor of Mr. Erskine whom his majesty has not lost a moment in recalling.
I have the honour to be, &c. GEORGE CANNING.
[Here follows the Order in Council of May 24th 1809.]
Mr. Pinkney's Answer.
Great Cumberland Place, May 29, 1809. Sir,—I have received the communication which you did me the honour to address to me on the 27th inst. and will hasten to transmit it to the Secretary of State of the United States.
No instructions or information from my government concerning the transactions in America to which your communication alludes having yet reached me, I can only express my concern that the conciliatory arrangements concerted and concluded, as you have done me the honour to inform me, between the American secretary of state and his majesty's accredited minister at Washington, acting in consequence, and professing to act in pursuance, of regular instructions from his court, are not likely to have all that effect which was naturally to have been expected from them.
I have the honour to be, &c. Wm. PINKNEY.
The Right Hon. George Canning, &c. &c. &c.
[Here follows the President's Proclamation, renewing the non-intercourse law, and the Circular of the Secretary of the Treasury of the 9th of August last, addressed to the Collectors.]
Gen. Armstrong to Mr. Smith, Secretary of State, Paris, 4th September, 1809. Sir—The letter of which I send you a copy, was received during my absence and detained in Paris till my return.
Count Champagny to Gen. Armstrong, Vienna, 8th August, 1809. TRANSLATION. Sir—You have desired that one of the American vessels which are in the ports of France might be authorised to depart for the United States with your despatches.

the report and the paper from which she is to depart. I have the honor to inform you that I shall be in the city of Washington on the 10th day of January next, in order to be present at the inauguration of the President of the United States. Please to inform by the departure of the vessel to make this known to the federal government, and permit me also to know that conveyance some despatches to the minister plenipotentiary of his majesty to the United States. Accept, Sir, the assurances, &c. &c. (Signed) CHAMPAGNY. His Excellency Gen. Armstrong, &c. &c.
Extract of a letter from Gen. Armstrong to Mr. Smith, Secretary of State.
"Paris, 16th September, 1809. "I received on the 6th inst. on my return from Holland, two notes from Count Champagny, copies of which I have the honour to enclose. In one of these you will find an exposition of the principles which have governed, and which will continue to govern the conduct of his majesty with regard to neutral commerce. To this which was offered as a definitive answer to our propositions, I have believed that any reply, before I had received the further instructions of the president, would have been premature." "Mr. Lawrence arrived at L'Orient on the 9th and Mr. Haswell at Paris, with your despatch of the 12th August last, on the 13th inst. I immediately communicated to Count Champagny the President's proclamation interdicting anew all commercial intercourse between the United States and Great Britain, and give such other explanations as the case appeared to require."
Extract of a letter from Count Champagny to Gen. Armstrong, dated Altenburg, Aug. 22, 1809.
"TRANSLATION. "I have the honour to address to you the subjoined note, which his majesty has ordered me to send to you, and which I have announced in my last despatch. If France does not do at this time all that the United States of America can desire, your government will be able to see that neither prejudice nor animosity influences its conduct; that it is the effect of its attachment to principles which the Americans, more than other people, are interested in supporting, and of the necessity of reprisals which circumstances impose. The Emperor will consider as a happy event that which shall enable him to contribute to the prosperity of America, in leaving to its commerce all the liberty and all the extension which can render it flourishing."
[Here follows Champagny's letter of 23d of August to Mr. Armstrong, published in the Ledger the 29th Nov.]
BOSTON, Nov. 27. LATER STILL.
The fast sailing ship Packet, captain Trott, arrived here last evening, in 34 days from Liverpool. Our London files, by her, are to the 21st (evening) October.
Not an additional official particular of the terms of the peace imposed on Austria, known to be humiliated, had transpired; though the naked fact had been officially announced in Holland. The cause of this silence occasioned many conjectures, not worth repeating.
The last Courier stated, that no prospect of any negotiation with France existed; that parliament would not meet until January; and that discussion on ministerial alterations, had given place to schemes for celebrating the approaching Jubilee, (25th October) when the British king entered the 50th year of his reign. At the last Cabinet Council were earl Camden, Mr. Percival, earls Bathurst, Liverpool, and Harrowby, and lord Mulgrave.
From passengers in the Packet, we learn, that opinions on American affairs in England, were suspended on the fate of Mr. Jackson's negotiation here; but that the public sentiment appeared less amiably disposed towards us than heretofore. After the peace with Austria, the confidence in the success of Spain abated.
RICHMOND, December 5. [COMMUNICATED.]
We are informed, that Wilson Cary Nicholas, Esq. a member of congress for this state, has been, on his way to Washington, attacked (in Louisiana country) with a severe rheumatism, to which, for a considerable time past, he has been subject. His indisposition is so severe, as to preclude the possibility of his continuing his journey to the seat of government. Under these circumstances, Mr. Nicholas felt it his duty to resign his seat in congress, that his district may not be deprived, during the session, of a representative. The following is a copy of his letter to Gov. Tyler, notifying his resignation:
LOUISA, November 27, 1809.
SIR, On my way to the city of Washington, to take my seat in the house of representatives, I have had a return of the rheumatism, which puts it out of my power to proceed, and I fear would disable me from attending during the winter.
Under these circumstances, duties to my country and to my constituents, require that I should resign a station, the duties of which, I am unable to perform. At a period less critical and interesting, I might think myself at liberty to delay the measure; but at the present moment, when the best interests of my country are at hazard, I deem it important, that every department of the government, should be completely filled.
Your excellency and the council will be pleased to accept my resignation, and to order an election for the district, I have the honour to represent.
Your patriotism, and high sense of the obligations, the representative character imposes, will suggest the feelings under which I have acted, and my regret at the necessity that exists, in this way to dissolve my official relation to my constituents, to whom I am bound by every tie of gratitude and affection.
I have the honour to be, With the greatest respect and esteem, Your humble servant, W. C. NICHOLAS.
His Excellency JOHN TYLER, Governor of Virginia, Richmond.
For SALE or RENT.
That large Dwelling-House, pleasantly situated on Town-Point, Main-street, at present occupied by the subscriber—That large Fire-Proof Warehouse on Wide Water street, and a small Dwelling House adjoining in Holt's Lane. Possession of all or any one of them may be had immediately if required; also one of the House in Payne-Street, at present occupied by Robert B. Taylor, Esq. at his office.
Daniel R. Waddey, Who wishes to Sell,
259 ACRES OF LAND,
lying in the County of Princess Anne, on the Eastern Branch of Elizabeth River, distant from Norfolk about 5 or 6 miles by water, containing the main road from this to Kempville; part of which is heavily timbered with oak, pine, ash, &c.
THE PUBLIC LEDGER.
FRIDAY EVENING, DECEMBER 8, 1809.
In this day's paper, we conclude the documents which accompanied the President's Message, and in our next we shall submit a few remarks on both.
The General Assembly of this State met on Monday last, and appointed JAMES BARBOUR, Esq. Speaker, and JAMES PLEASANTS, Jon. Clerk. [COMMUNICATED.]
DIED—On the 4th instant, Mr. LEWIS SAUNDERS, after a long and painful illness, which he bore with christian fortitude and resignation.
Mr. S. for the last four or five years, discharged the duties of Deputy Naval-Officer of this port with fidelity and considerable ability.
A few days before the Liberty sailed from Jamaica, a great many Spanish vessels and an English schooner were seized for having American produce on board from Spanish ports, no other but American vessels are allowed to import into the British colonies the produce of the United States. The merchants of Kingston petitioned the governor to admit British and Spanish vessels to bring American produce from such ports as the Americans were allowed by their government to carry it, during the American non-intercourse; to which he replied in the negative, observing that there was no doubt, but the non-intercourse would be of short duration, and that the island was not in want of supplies at present. Charleston Courier.
The subjoined law case and opinion, explain more fully the grounds upon which these seizures have been made.
LAW CASE.
JAMAICA, 55.
A quantity of American produce has been heretofore introduced and deposited at the port of St. Jago de Cuba, the property of merchants citizens of the United States.
On Thursday, the 21st of September, the Spanish schooner Maria Louisa, Baptiste Micheli master, arrived in Kingston harbor, with a cargo consisting of 60 barrels herrings, 137 barrels corn meal, 67 barrels navy bread, and 36 barrels pilot bread, on account and risk of Messrs. Joel West and Co. resident merchants of Baltimore, and citizens of the United States of America, consigned to Messrs. Wilkinson and Gilbanks, of this city. The bill of lading by which these facts appear is left herewith.
Upon the arrival of the schooner Maria Louisa, Mr. Gilbanks, one of the consignees, attended at the custom house, with a manifest in the usual manner, but instead of being permitted to an entry, one of the custom house officers was sent on board the schooner, who seized her and the cargo, which latter was immediately landed. During the former American embargo, Spanish vessels did import American produce from Spanish ports, and no obstruction was given to that trade.
The seizure of this vessel and cargo, if lawful, is an evil which may be extended to many others under similar circumstances, which are daily expected to arrive in this island, and in consequence of the renewal of the American non intercourse, may affect not only the individuals immediately interested, but the community at large, by stopping the means of procuring necessary supplies of such articles, thro' this channel. Mr. Gilbanks therefore request your advice and opinion, as well respecting the present seizure, as to what may be done to obviate the evil in future.
Is this vessel and cargo liable to seizure and confiscation, for the breach of any laws or orders in council? And if strictly liable to such seizure, are there any circumstances or means, by application to the governor, or otherwise, to obtain the release of that vessel and cargo? And should she not be liable to seizure, what redress have Wilkinson and Gilbanks, or Joel West and Co. for such seizure? If this seizure is legal, are there any, and what steps which can be adopted, to obtain legal permission for the importation into this island of American produce in Spanish vessels; or such license as would protect them from seizure whilst so employed? Your advice generally, on this subject, is required.
ANSWER.
I had some doubts whether this vessel and cargo came under any of the orders in council; but upon consideration, those doubts are in a great measure removed. The case is certainly hard, and arises entirely out of the peculiar situation of the commercial relations of the United States.
The question is, whether a Spanish vessel may import a legal cargo belonging to American merchants into a British port in the West-Indies? I am inclined to think, that such a trade is protected by the 2d, 3d and 4th sections of the order in council of the 4th of July, 1808. The 3d section gives all Spanish vessels free admission into British ports, as before the war. The 4th, declares, that all Spanish vessels shall be suffered to carry on any trade, now considered by his majesty to be lawfully carried on by neutral ships. There can be no doubt that this cargo might have been lawfully imported in an American vessel, both under the order of council of the 11th of April, 1808, (which is not repeated by the late order of 24th May, 1809) and the existing proclamation. The 4th section, which I have quoted, gives the same privilege to Spanish vessels and neutrals; in both cases, the British almost equally sacrifice the monopoly and carriage of provisions, and it was compelled to do so, in order to induce the Americans to continue the supply, notwithstanding the embargo and non-intercourse laws. It was obvious that this supply could scarcely be carried on in American bottoms, but it might in Spanish vessels, therefore this privilege was confined to the latter—still, however, a doubt remains whether the present court will consider itself bound by these orders in council, which are certainly in violation of the navigation acts, and the validity of which has been questioned more than once by the present judge. I recollect a case in which British goods had been imported from this island in an American vessel, to Cuba; she was detained and libelled. I considered that both were protected by the order of council, of the 11th November, 1807, which declares that all British manufactures should be restored, on whatever voyage bound, and to whomsoever the property belonged. The judge took two days to consider the question; and after much hesitation came to this resolution, that his majesty in council could neither alter nor modify an act of parliament. The vessel and cargo were condemned.
The imperative obligation of these orders is not questioned in the prize court; but that court is especially constituted by his majesty, and is in no sense sure under his control, and will only And that if the court decided on the orders to which I have referred, both vessel and cargo will be acquired. Upon the navigation act, their fate is inevitable. It is too late now to make any application to the Governor. (Signed) A. WHITIN.
merit, and the seeds of anarchy, and the ruin of the French, their ruin was inevitable, notwithstanding. In speeches in the French assembly, and speculations published in the French papers, they frequently maintained the example that France and England united could conquer the whole world. After the war between England and France commenced, they ascribed to themselves the power of conquering the world; and the course they were to pursue was pointed out by their able politicians. One of the most powerful nostrums by which this conquest was to be effected, was the famous decree of the 19th November, 1792; by which they declared they would assist any nation which was desirous of effecting a revolution. Flanders accepted their services, and they kept Flanders. Holland also admitted them into her bosom, and they kept possession of Holland. But these examples were not sufficient for Italy—the Italians had a wish to taste the benefits of French liberty—and accordingly the French overrun and kept possession of Italy. A majority of the Swiss took a fancy to the blessings of French liberty—therefore the fraternal hug was extended to Switzerland. The word liberty has proved a talisman in the hands of the French, as powerful as the Caduceus of Mercury; every thing has given way to it—and it still has considerable influence in Germany, and paralyzes the noble efforts of the emperor of Austria, in the cause of German independence.
But French liberty had no charms for Spain, and therefore other means were contrived for alluring her into the snare. Divisions in the royal family were produced—and Buonaparte extended his fostering hand to Spain, in order to heal those divisions. The Spaniards were to come under the yoke, for their own benefit. Many of them have been disposed to accept the proffered boon, by bribes and intrigues, to accept the proffered boon. But England is a thorn in the side of France, and England must be destroyed—for she has retarded the conquest of Spain, and checked the rapid march of the great empire to universal dominion.
But how is England to be destroyed? Offers of liberty and fraternization have been tried in vain; nor has success attended the threatenings of the bonnets rouge, the exertions of fleets and armies, or the machinations of gunboats and invasions. To all the schemes and exertions and attempts of Buonaparte, the British navy presented an impregnable barrier, and rendered it necessary for him to seek out a new invention. Buonaparte is never at a loss for expedients, and he has invented a new charm for the maritime nations, which is comprised in five words, "the Freedom of the Seas." This was enough—the Russians and Danes shouted, "The liberty of the seas forever—and the American Jacobins shouted, "Huzza for the liberties of the Ocean!"
But these words and phrases have no other meaning than the shouts for the liberty of the land, formerly uttered by the Flemings, Dutch, Germans, Italians and Swiss. Buonaparte uses them merely for the purpose of bringing the ocean under his control. If he intends the ocean shall be free, why does he act in direct opposition to that freedom, on all occasions? He has cut off our trade between his own and British ports, which was guaranteed to us by a treaty signed by himself; seized our ships and cargoes, and sequestered our property, in direct violation of the treaty and the law of nations; burned our ships and cargoes, which were carrying on a lawful trade upon the high seas; subjected our vessels to capture and condemnation, for suffering them to be boarded by British men of war, which we could not possibly avoid; he has obliged the countries under his dominion, such as Holland, Italy, Denmark, &c. to adopt his decrees against us; blockaded whole nations against us, without a single ship of war to enforce his blockade—prohibited as far as was in his power, our intercourse with the British dominions; imprisoned our seamen, &c. &c. Hence it is evident that by the "Freedom of the Seas," Buonaparte means that he is to have the "Freedom" to destroy the trade of all nations except his own. He has caused all the trade of Russia, Denmark, Prussia, Austria, Holland, Italy, the Hanse Towns, &c. to be utterly destroyed; and it was he that caused our trade to be utterly at a stand for about 16 months. It is also wholly owing to the existence of his decrees that we are now "encumbered with too much regulation," and shackled with non-intercourse laws.
The advocates for the "freedom of the seas," have never undertaken to give us a definition of the term. They dare not; as they know it to be merely a cant phrase, invented to cheat and bubble the world.—Let Buonaparte get possession of England and the British navy, and he will then have a new term. We shall then hear of "THE PEACE OF THE OCEAN;" and in order to secure that peace, he would prevent any other than the French flag from appearing on the ocean!—"France wants ships, colonies and commerce!"—and the emperor of France would take care there should be no commerce where France has no colonies. Buonaparte, and the French in general, are extremely ignorant of the vast power and resources of the British nation; but he will, in the course of a few years, discover that she is not to be conquered by all the commercial restrictions, interdictions, embargoes, or other schemes which Buonaparte, or even Mr. Jefferson, is capable of devising—and when he has fully made that discovery, it will not be at all surprising if he should offer to deliver up the executive dominion of the ocean to her, in case she will guarantee to him the dominion of the continent!
Gazette Marine Memoranda.
ARRIVED.
Ship Georgiana, Chamberlain, 24 hours from Baltimore, Moses Myers & Son. Sch'r Neutrality, Fabins, 12 days from Salem. Brig Sussex, Neil, 20 days from La Guira, bound to New-York, in distress, having carried away the head of her main mast, Molasses & Sugar, to the Master.
EDUCATION.
Parents and Guardians are respectfully informed, that an ACADEMY for young Gentlemen will be opened in a central situation on the first day of January, 1810, where the English, French, Latin, and Greek Languages will be taught grammatically by the Rev. R. S. SYMES, and a Gentleman of professional celebrity—Geography, History, and Belles Lettres; Arithmetick, Book-Keeping, Algebra, Surveying, and Navigation, will also form a course of study. For terms of tuition apply to R. S. SYMES.
December 8.
For Sale by the 3000 bushels of Corn 450 Liverpool Sack 400 do do 200 do do 100 do do 50 do do 25 do do 10 do do 5 do do 1 do do
283,470 283,471 283,472 283,473 283,474 283,475 283,476 283,477 283,478 283,479 283,480 283,481 283,482 283,483 283,484 283,485 283,486 283,487 283,488 283,489 283,490 283,491 283,492 283,493 283,494 283,495 283,496 283,497 283,498 283,499 283,500 283,501 283,502 283,503 283,504 283,505 283,506 283,507 283,508 283,509 283,510 283,511 283,512 283,513 283,514 283,515 283,516 283,517 283,518 283,519 283,520 283,521 283,522 283,523 283,524 283,525 283,526 283,527 283,528 283,529 283,530 283,531 283,532 283,533 283,534 283,535 283,536 283,537 283,538 283,539 283,540 283,541 283,542 283,543 283,544 283,545 283,546 283,547 283,548 283,549 283,550 283,551 283,552 283,553 283,554 283,555 283,556 283,557 283,558 283,559 283,560 283,561 283,562 283,563 283,564 283,565 283,566 283,567 283,568 283,569 283,570 283,571 283,572 283,573 283,574 283,575 283,576 283,577 283,578 283,579 283,580 283,581 283,582 283,583 283,584 283,585 283,586 283,587 283,588 283,589 283,590 283,591 283,592 283,593 283,594 283,595 283,596 283,597 283,598 283,599 283,600 283,601 283,602 283,603 283,604 283,605 283,606 283,607 283,608 283,609 283,610 283,611 283,612 283,613 283,614 283,615 283,616 283,617 283,618 283,619 283,620 283,621 283,622 283,623 283,624 283,625 283,626 283,627 283,628 283,629 283,630 283,631 283,632 283,633 283,634 283,635 283,636 283,637 283,638 283,639 283,640 283,641 283,642 283,643 283,644 283,645 283,646 283,647 283,648 283,649 283,650 283,651 283,652 283,653 283,654 283,655 283,656 283,657 283,658 283,659 283,660 283,661 283,662 283,663 283,664 283,665 283,666 283,667 283,668 283,669 283,670 283,671 283,672 283,673 283,674 283,675 283,676 283,677 283,678 283,679 283,680 283,681 283,682 283,683 283,684 283,685 283,686 283,687 283,688 283,689 283,690 283,691 283,692 283,693 283,694 283,695 283,696 283,697 283,698 283,699 283,700 283,701 283,702 283,703 283,704 283,705 283,706 283,707 283,708 283,709 283,710 283,711 283,712 283,713 283,714 283,715 283,716 283,717 283,718 283,719 283,720 283,721 283,722 283,723 283,724 283,725 283,726 283,727 283,728 283,729 283,730 283,731 283,732 283,733 283,734 283,735 283,736 283,737 283,738 283,739 283,740 283,741 283,742 283,743 283,744 283,745 283,746 283,747 283,748 283,749 283,750 283,751 283,752 283,753 283,754 283,755 283,756 283,757 283,758 283,759 283,760 283,761 283,762 283,763 283,764 283,765 283,766 283,767 283,768 283,769 283,770 283,771 283,772 283,773 283,774 283,775 283,776 283,777 283,778 283,779 283,780 283,781 283,782 283,783 283,784 283,785 283,786 283,787 283,788 283,789 283,790 283,791 283,792 283,793 283,794 283,795 283,796 283,797 283,798 283,799 283,800 283,801 283,802 283,803 283,804 283,805 283,806 283,807 283,808 283,809 283,810 283,811 283,812 283,813 283,814 283,815 283,816 283,817 283,818 283,819 283,820 283,821 283,822 283,823 283,824 283,825 283,826 283,827 283,828 283,829 283,830 283,831 283,832 283,833 283,834 283,835 283,836 283,837 283,838 283,839 283,840 283,841 283,842 283,843 283,844 283,845 283,846 283,847 283,848 283,849 283,850 283,851 283,852 283,853 283,854 283,855 283,856 283,857 283,858 283,859 283,860 283,861 283,862 283,863 283,864 283,865 283,866 283,867 283,868 283,869 283,870 283,871 283,872 283,873 283,874 283,875 283,876 283,877 283,878 283,879 283,880 283,881 283,882 283,883 283,884 283,885 283,886 283,887 283,888 283,889 283,890 283,891 283,892 283,893 283,894 283,895 283,896 283,897 283,898 283,899 283,900 283,901 283,902 283,903 283,904 283,905 283,906 283,907 283,908 283,909 283,910 283,911 283,912 283,913 283,914 283,915 283,916 283,917 283,918 283,919 283,920 283,921 283,922 283,923 283,924 283,925 283,926 283,927 283,928 283,929 283,930 283,931 283,932 283,933 283,934 283,935 283,936 283,937 283,938 283,939 283,940 283,941 283,942 283,943 283,944 283,945 283,946 283,947 283,948 283,949 283,950 283,951 283,952 283,953 283,954 283,955 283,956 283,957 283,958 283,959 283,960 283,961 283,962 283,963 283,964 283,965 283,966 283,967 283,968 283,969 283,970 283,971 283,972 283,973 283,974 283,975 283,976 283,977 283,978 283,979 283,980 283,981 283,982 283,983 283,984 283,985 283,986 283,987 283,988 283,989 283,990 283,991 283,992 283,993 283,994 283,995 283,996 283,997 283,998 283,999 284,000
Richard Taylor, Esq.
TOBACCO & FLOUR—AT 8 hlids. Richmond prime Tobacco 321 barrels do. do. 10 hogsheads Richmond Tobacco 23 barrels Pork 1 pipe choice London particular Madeira Wine 20 barrels Brown Sugar Loaf Sugar, Coffee, &c. For Sale by James Thorburn. December 8.
Sales at Auction.
Pursuant to a Deed in Trust, executed on the 28th day of July, 1802, by the late W. & C. RAINCOCK, to satisfy a debt due to GREGORY RAINCOCK, of the Island of Jamaica, Will be Sold at Publick Auction,
On Monday, the 11th instant, on the premises, 300 Acres of LAND, more or less, Situate on Paradise Creek, and adjoining the Lands of Mr. Edward Roberts and Zachariah Dyer, together with the LIVE STOCK thereon, consisting of Horn Cattle, Sheep and Hogs.
The Trustee, Terms of payment, For the Land, Notes with approved endorser at 6, 12, and 18 months, with a lien on the property to secure the payments. December 8.
SALE on the Beach near Lynhaven Inlet, for the benefit of the concerned.
WILL BE SOLD, What has been saved of the CARGO of the brig Ermina, Captain Thomas I. Bennett, Consisting of Tar, Turpentine, and Staves, At Publick Auction, for Cash, on Thursday the 14th inst. at XI o'Clock. And at the same time and place, The HULL & all the MATERIALS of said Brig, that has been saved, as she lies on the shore, by the COMMISSIONERS OF THE PRINCESS ANNE For Princess-Anne.