Norfolk gazette and publick ledger (Norfolk [Va.]), 1806-08-20 00:00:00

THIS PAPER IS PUBLISHED THREE TIMES A WEEK...
ANCHOVIES,
By the gallon—For SALE by John Gay. August 18.
Just received by the brig Franklin, from Antwerp, 3000 DEMIJOHNS.
FOR SALE, A valuable half-acre Lot of LAND, fronting on Queen-Street 112 feet...
A valuable Tract of LAND for Sale. The Subscriber will sell his Plantation called Level-Green...
Received per the Schooner Ranger, 17 Puncheons Tobago RUM.
Prime PORK, (N. Y. Inspection) in barrels.
NEW WHEAT FLOUR, in barrels and half barrels, for family use.
FOR SALE, The LOT and HOUSES, whereon John Hamilton, Esq. the British Consul resides...
Dissolution of Partnership. The Partnership of John D. Haldane & Co. of Norfolk...
This Day landing from on board the Schooner Rising Star, Cayman Newcomb, 20 Pipes Holland GIN...
Now Landing on our Wharf, from the Schooner Catharine, 50 Puncheons fine favoured RUM.
At Private Sale, at Sixty Days, 70 Puncheons RUM, 40 hogsheads and 60 barrels SUGAR.
NOTICE. All persons having claims against the Estate of DANIEL McINTOSH...
It was a general matter of opinion that the republican majority of the last session of congress...
The minority has at length appeared on the field, with what ability the following documents...
The confidential message of the 6th of December, is for the first time made public.
The events of the last session of congress have furnished ample cause of speculation...
It must be obvious to the most superficial eye, that every consideration of a selfish or prudent nature...
On the third of December 1852, the President's annual message was laid before the two houses of congress.
It should be kept in mind that the message (mentioned in the second paragraph of the same message)...
On the third of December, the President's annual message was received by the two houses of congress.
To obtain justice, and to restore friendly relations, I thought a special mission advisable...
The conduct of France and the great she may take in the understanding between the United States and Spain...
On the third of December 1852, the President's annual message was laid before the two houses of congress.
It should be kept in mind that the message (mentioned in the second paragraph of the same message)...
On the third of December, the President's annual message was received by the two houses of congress.
To obtain justice, and to restore friendly relations, I thought a special mission advisable...
The conduct of France and the great she may take in the understanding between the United States and Spain...
On the third of December 1852, the President's annual message was laid before the two houses of congress.

The Rev. THOMAS DAVIS, formerly an inhabitant of this borough, will perform Divine Service at the Episcopal Church on Sunday morning. The inhabitants generally are invited to attend.
Error corrected. In our last, the information respecting the fall of the funds, and the separate peace with Russia, was by mistake dated "Courier Office." It should have been "Globe Office." The error is not important, but we do not wish it to pass without correcting it.
We have devoted a very large portion of our paper of this day, to the important communication signed DECIUS. The reader will be able, from this document, to acquire more accurate information of the proceedings of the last Congress, than is to be found in the circular letters of Members of Congress. Every elector in the state should peruse DECIUS with attention, he should also bear in his mind those members, who at the bare suggestion of executive pleasure, could vote away the people's money with closed doors!—We defy this to be matched by any thing that was done in the days of federalism. Two millions were voted in secret, and but for the independence of the minority, the people would never have known who they were that voted so, and who upon the same principle might have voted for twenty millions.
Capt. STRONO, of the ship Highland Mary, in 30 days from Antwerp, arrived this morning, and has favoured us with Paris papers to the 21st, and Dutch papers to the 18th June, but their contents are quite uninteresting. The Paris papers are filled with details of the affair of Pierre , and are sanguine that an immediate rupture between Great-Britain and this country is inevitable.
The silence of our Paris papers, respecting a separate peace between Russia and France, proves that the intelligence via London, is unfounded.
A Paris paper of the 20th June, gives the following statement of the commerce of the city of Bordeaux—Arrived, in the month of May, 100 vessels, manned with 366 men, and of tons 9,514—Sailed, 100 vessels, of 11,696 tons, manned with 760.
PARIS, June 21.
Lord Yarmouth has arrived in this city, the journey of this nobleman is accounted for in various ways.
Married.—On Wednesday last, Mr. WILLIAM WRIGHT, to Miss HODGES, both of Norfolk County.
Died.—At Alexandria, on his way to the Springs, on Thursday last, Mr. STEPHENS PARHAM, of the House of Messrs. Philebas Dana & Co. Merchants of this place.
On Monday last, Mr. CHARLES KING, eldest son of Miles King, Esq. of this place.
The Tunisian Ambassador. As many reports have been current respecting the Tunisian ambassador's declining to return in the brig Franklin , now in this port, it may not be amiss to state the facts.
The brig Franklin is designed as a compliment to the Bey of Tunis, and has been principally freighted with presents for him. On her arrival here, the ambassador went on board, examined her accommodations, and expressed no dissatisfaction, until he learnt from some quarter, that the same brig had once been a prize in Tunis. He immediately said, in positive terms that he should not go in her, as a present to his master, for he would not accept a vessel of her description as a gift.
This is the true reason of his refusal, and his determination has been communicated to government. His excellency did not object to the brig's being sent, as a store ship, provided another were sent as the present; for he had no objection to completing the freight of two.
It is now probable we shall be favoured with the company of "his excellency," for some time; as the despatches gone to Washington will not find Mr. Jefferson there. They must be sent to Monticello, and Mr. Jefferson will be too circumspect to act without the advice of his cabinet.
(Boston Paper.)
Mr. Gallatin is at New-York, Mr. Madison, in Orange, Mr. Smith, at Baltimore.
From the New York Evening Post.
SWARTWOUT'S REMOVAL AGAIN.—Appearances strongly indicate a connexion between the result of the trials of Smith and Ogden, and the removal of Mr. Swartwout from the office of Marshal. The administration, unwilling to their power, will probably explain any explanation of their motives; humble citizens must, therefore, form their opinions from such circumstances as have come to their knowledge.
Mr. Curtenius, the present marshal, received a commission on the 5th of August, dated the 5th of May preceding.
Mr. Swartwout is not understood to have resigned, but to have been removed from office.
The date of the commission is subsequent to the proceedings of the Grand Jury, in the cases of Smith and Ogden, the actual removal subsequent to the acquittal by the Petit Jury.
Mr. Swartwout may have been removed for either of the following reasons:
 First, because Col. Smith informed him of the objects of the Miranda expedition.  Second, because he summoned a grand jury, who, though they indicted Smith and Ogden, and so far acted in accordance with the wishes of the administration, yet indicted Judge Talmadge for arbitrary and illegal conduct, thereby offended the same administration.  Third, it is possible that a species of interlocutory sentence may have been passed against Mr. Swartwout at the trial of the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship  the  ship 
to be presented to the President, and to the President, and that it would be impossible for the executive, even with the ingenuity of Octavian himself, to divine, from a message to the senate, what was the real intention of the representatives of the people; that this message was not to be announced to him, but to the other branches of the legislature, and that, even if it were, his duty was to execute the laws, which should be enacted, and which could not be enlarged, restrained, or modified in any degree, what soever, by any message from one house of congress to the other; appropriation being for any indefinite purpose of extraordinary foreign intercourse, and not made in consequence of any intimation, or recommendation from the president, he must be presumed to be totally ignorant, "as to the secret views" of the senate and house of representatives, and to be incapable of inferring the intentions of the legislature from anything but the law itself; much less should he be deemed responsible for the execution of plans, of which by the general maxims of legislation, as well as by the known principles of the constitution, he must be supposed to be altogether ignorant. As I have said however, this, with every other difficulty that could not be solved, was overruled; and on Thursday the 16th of January, the engrossed bill, with the message, above recited, was transmitted to the senate. On the day following, when the bill was no longer in the possession of the house, or under its control, the despatches, from our minister at London, of the weeks lying in the office of the secretary, were laid before the house. Those despatches which had a most important bearing upon our Spanish relations, which had occupied the attention of the house of representatives for nearly 3 preceding weeks, during which their doors were closed, produced an instantaneous conviction on the minds of many, the best informed and most influential members of the house, who had hitherto voted with the majority, that the course which they had pursued was wrong. A feeble insinuation was indeed made by certain members of the house, presumed to be in the confidence of the secretary of state, that the despatches had but recently arrived; and this inference was supported by this circumstance, that a single copy only (perhaps the original) was submitted to the two houses, to be interchanged between them; from whence it was concluded by many, that sufficient time had not elapsed, since their reception, to enable the clerks in the office of foreign affairs to make out duplicates of the papers. But this fact was immediately disproved by Mr. J. Randolph's calling at the secretary of state's office, where he learnt from Mr. Wagner, the chief clerk of that department, as well as from the secretary himself, that they had arrived the week before Christmas; that is, prior to the 21st of December.
The house of representatives having resolved to incur an expense for the purchase of Florida, the second member of Mr. Bidwell's resolution, to continue for — years, the additional duty of two and a half per cent. ad valorem, imposed by the "act further to protect the commerce and seamen of the U. S. against the Barbary powers," to make good the same, came under consideration. But this proposition was vehemently opposed by Mr. J. Randolph, who stated, that he deemed it an unconstitutional mode of voting supplies to raise taxes in consequence; that if the members of that house should once come to levy impositions upon their constituents with closed doors, which the votes which they should give (to say nothing of the discussion) from the very nature of the secret journal remained concealed from their constituents, there was an end of the public liberty.—Congress might thus pass any laws, however unconstitutional and oppressive, whilst the people would remain ignorant of the part which their representatives respectively had taken, and be consequently unable to apply the proper corrective, and that, however, reasons of state might render it expedient to proceed in this way against a foreign enemy, or to give a secret direction to military expeditions against the common foe, those reasons were totally inapplicable to the imposition of burthens upon the people, or to any curtailment of their rights, with which that enemy could have no concern, and from the knowledge of which he could derive no advantage. The proposition was at that time withdrawn, but, on the last day of the session, April 21, this tax was continued: the only ostensible motive is to be found in a message from the executive of the 14th of the same month, intimating the existence of an unfriendly disposition on the part of Tunis towards the United States.
In a future number, some remarks will be offered on the proceedings of congress respecting our relations with Great Britain: a subject, which, if possible, has been more misrepresented, and less understood, than that of the present communication.
DECIUS.
500 Barrels Superfine FLOUR, from Mayo's Mills—For Sale by Moses Myers. August 18. 82
FOR SALE, Now landing on our wharf, from on board the British Sloop Patrick Bourke, Capt. Bay, from Antigua, 14 hhds. Muscovado, and 26 tierces Clayed SUGAR, by C. & F. Whistle. August 18. 83
102 hogsheads choice SUGAR, Landing from on board the Brig Peace, from Trinidad.—For Sale by Moses Myers. August 18. 84
ALSO, 50 pipes 4th proof Cognac BRANDY. August 18. 85
The friends of Thomas Norman, John Marshall, William Norris, Elijah Russell, and John Hubbard, (who represent themselves to be citizens of Virginia,) have been impressed into the British service, for want of documents to prove their citizenship, will apply at this Office, and give a description of their persons, measures will then be taken to obtain their discharge. Thomas Newton, Collector. Collecting Office, Norfolk. August 18, 1806. 86
We have for SALE, on low terms, London particular Madeira WINE, A Cargo of 100 Hogsheads. 500 Boxes Liverpool Stout. 50 Hogsheads low priced TORRADO. J. & W. Southgate. August 18. 87
40 Dozen excellent PORT WINE, For Sale by Moses Myers. August 18. 88
FOR SALE, 150 Barrels 50 half do. New Superfine FLOUR, From Rutherford's Mills. James Henson. August 18. 89
to be presented to the President, and to the President, and that it would be impossible for the executive, even with the ingenuity of Octavian himself, to divine, from a message to the senate, what was the real intention of the representatives of the people; that this message was not to be announced to him, but to the other branches of the legislature, and that, even if it were, his duty was to execute the laws, which should be enacted, and which could not be enlarged, restrained, or modified in any degree, what soever, by any message from one house of congress to the other; appropriation being for any indefinite purpose of extraordinary foreign intercourse, and not made in consequence of any intimation, or recommendation from the president, he must be presumed to be totally ignorant, "as to the secret views" of the senate and house of representatives, and to be incapable of inferring the intentions of the legislature from anything but the law itself; much less should he be deemed responsible for the execution of plans, of which by the general maxims of legislation, as well as by the known principles of the constitution, he must be supposed to be altogether ignorant. As I have said however, this, with every other difficulty that could not be solved, was overruled; and on Thursday the 16th of January, the engrossed bill, with the message, above recited, was transmitted to the senate. On the day following, when the bill was no longer in the possession of the house, or under its control, the despatches, from our minister at London, of the weeks lying in the office of the secretary, were laid before the house. Those despatches which had a most important bearing upon our Spanish relations, which had occupied the attention of the house of representatives for nearly 3 preceding weeks, during which their doors were closed, produced an instantaneous conviction on the minds of many, the best informed and most influential members of the house, who had hitherto voted with the majority, that the course which they had pursued was wrong. A feeble insinuation was indeed made by certain members of the house, presumed to be in the confidence of the secretary of state, that the despatches had but recently arrived; and this inference was supported by this circumstance, that a single copy only (perhaps the original) was submitted to the two houses, to be interchanged between them; from whence it was concluded by many, that sufficient time had not elapsed, since their reception, to enable the clerks in the office of foreign affairs to make out duplicates of the papers. But this fact was immediately disproved by Mr. J. Randolph's calling at the secretary of state's office, where he learnt from Mr. Wagner, the chief clerk of that department, as well as from the secretary himself, that they had arrived the week before Christmas; that is, prior to the 21st of December.
To every objection, the Louisiana precedent ," as it was called, formed the only answer, although in the latter stages of the discussion, no reply was attempted. The doors were closed, and the minority, whose motives were impeached, and whose persons were almost denounced, were voted down without debate. In reply to the case of Louisiana , it was said, that it was no precedent at all: that every argument drawn from that source was utterly inconclusive in the present instance: that no two cases could be more dissimilar: that, except the parties being the same, there was no point of resemblance: that, when Spain with-held from us the right of deposit at New Orleans, congress had acted on its own instigation alone: they had not been apprised by the executive of any hostile movement on the part of Spain: the territory of the United States had not been insulted, nor the persons of our citizens, within our own jurisdiction, violated : It had not been officially announced to Congress, that "their protection, as well as the spirit and honour of our country, rendered the interposition of the national force indispensable;" the chief magistrate of the union had not officially declared that the act of aggression in question, was committed by persons acting by the orders and under the sanction of the court of Madrid; on the contrary, the house of Representatives had expressed, by a formal resolution, their belief, that the wrong in question, had proceeded from the unauthorized misconduct of certain Spanish officers , and declared their determination, in case it should be sanctioned by their government, to redress the injuries, and vindicate the rights of our citizens. On that occasion, Congress avowed, that they would resort, in the first instance, to an amicable explanation with the Spanish court: on this, the fair experiment of negotiation had been tried, and "after five months of fruitless endeavour, on our part, to bring them to some definite and satisfactory result," had entirely failed. It could not escape the recollection of the house, to how great an excitement, the denial of a conventional right had, at that day, roused the minds of our citizens. And it must be remembered, that the acquisition of Louisiana, which put a stop to these aggressions of Spain, (for which no satisfaction had as yet been rendered) was made, not from the party by whom those offences had been offered, but from one in no wise connected with them. And, admitting at this juncture the propriety of our making overtures for the purchase of a territory, the possession of which, it was conceded on all hands, was highly desirable to us; yet, what measures had we taken, or did we propose to take, for the refusal, on the part of Spain, to "ratify her convention with us, signed by her own minister under the eye of her sovereign, pledging her to make compensation for violations committed upon our commerce during a preceding war"—to indemnify our citizens for the renewal of the same practices, already of great amount, during the present war; for the obstruction of the navigation of the Mobile; for refusing to come to any fair and amicable adjustment of the boundaries of Louisiana; and for a daring violation by persons acting under the authority of Spain, and no doubts apprised of her sentiments and views, of our indicated limits, which she had solemnly recognized by treaty." Now! The denial of the stipulated compensation for the violations of a former war; the reiteration of the same practices during the present; the obstruction of the Mobile; the peremptory refusal to adjust the boundaries of Louisiana; the insults committed on our territory, and the violation of the property and persons of our citizens within our acknowledged limits; all seemed forgotten, in the zeal to purchase Florida, or to share with the national purse into the scale.
The bill nevertheless passed by a great majority. A motion was then made to transmit, by a committee, the following message to the senate: "By the House of Representatives, January 18, 1806. Whereas a bill, which has passed this house entitled "an act making provision for defraying any extraordinary expenses attending the intercourse between the United States and foreign nations," and in which we require your concurrence. This bill has been passed by us to enable the President of the United States to commence, with equal effect, a negotiation for the purchase of the Spanish territories lying eastward of the Mississippi, and Gulf of Mexico, and westward of the river Mississippi. The nature and importance of the measure contemplated have induced us to act on the subject with closed doors. The will of congress, in this communication, is as confidential." Mr. J. Randolph then moved to strike out the words "river Mississippi" and to insert "bay of Florida" upon this ground—that the country between the Mississippi and the Perdido was in dispute between the United States and Spain, being a part of Louisiana, "such as it was as possessed by France" and converted by the treaty of Paris of the 30th of April 1803, to the United States. To the territory in question (embracing both banks of the Mobile, and out of which all our differences with Spain, on the subject of boundary