Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1806-01-31 00:00:00

Berkeley and Jefferson Intelligencer.
(No. 37 of Volume VII.)
FRIDAY, January 31, 1806.
[Wages No. 349]
Globe Tavern.
THIS building, situate in the town of Martinsburg, is to be let—and possession can be had at a short notice. From a superior size, it affords so many conveniences, as to make it, perhaps, better suited to the business of a public-house than any other in this part of the country. The circumstance of its being pretty generally known, may greatly preclude the necessity of entering into a more particular description. It is also disposed to run the property immediately on the opposite side of the street adjoining the court-house. These improvements consisted in the reception of a stove and a family; the house contains six comfortable rooms; the garden—one of the cellars, and some of the back-buildings are large, and all of a useful kind. This situation opens directly into the court-house yard, and is one of the most public spots in town.
EPHRAIM GAITHER.
Martinsburg, January 24, 1806.
P. S. The building in King's Street, called Duncan's Stone House is also to let.
Doctor Pennington,
HAVING practiced in Old England for upwards of 20 years, as Doctor, Surgeon, and Anatomist; 10 years of which he spent in the city of London, where he regularly attended the different hospitals and lectures of the first men of the age, Doctor Pennington informs the inhabitants of Shepherd's Town and its vicinity, that he is ready to attend patients in the regular line of his profession, when called for.
N. B. CANCERS, and the disease incident to the female sex in particular, have employed a great portion of his studies for the last 7 years. His present residence is opposite Capt. Haynes in Shepherd's Town.
24th, 1st month, 1806.
Messrs. Ignatius O'Ferrall and Lawrence M'Kean, acting as agents of the heirs of Michael M'Kean, dec.
WHEREAS I entered into certain conditional contract with you on the 21st day of May, 1805, for the purchase of a tract of land in Hampshire county, Virginia, situated on the Springs, on which were grain mills; when the land was shown to me, there was shown as part of the said land, two separate fields a distance from each other, and I was informed that the line that divided these fields was a private course from field to field, which also included a valuable piece of wood land between the fields; upon this view of the premises I was induced to enter into the said contract, considering the fields and wood-land as one said part of my purchase, and took possession accordingly; but to my great surprise and disappointment, I was credibly informed that said fields, &c. did not belong to the said defendant. For a considerable time I knew not what to do, but have upon further consideration left the premises, and am living in Martinsburg—and had a desire to have justice done between us on what I saw you the keys and offered to settle with you in an equitable manner, but that offer not being complied with on your part, I now inform you in this public manner that I wish justice done between us without any delay, and will agree to leave the content to any arbitrable men, to be chosen by us or any one of us, to be done between us respecting the premises. If the fields, &c. were shown as one said tract, I expect you to answer an objection to have the matter fairly investigated, without troubling you or me and me with a fair sale, which can be profitable to neither party. Had the said fields been shown to me as one said tract, I would have entered into the contract with you. If you now come to a fair settlement with me, whatever may be made you as such, upon the whole of the premises being taken into consideration (I mean the residence I have had during the time I was in possession, and the damage done me by the defendant) I will answer to you immediately; otherwise I will defend myself as well as I can.
ROBERT GALLAGHER.
January 20, 1806.
BY special order of the district chancery court held at Staunton in the case of William Gorrell and Jacob Vanmetre, plaintiffs, and Abraham Vanmetre, defendant, I shall on the 7th day of March next proceed, at the Globe Tavern in the town of Martinsburg, to consider and state for the use of the said court, the specific legacies and other dispositions of the personal estate, made under the last will and testament of the late Abraham Vanmetre, deceased. All parties considering themselves interested in the premises, are requested to attend with their several allegations.
EPHRAIM GAITHER.
Martinsburg, January 24, 1806.
I HAVE in my hands sundry notes belonging to William Patterson, late of this county, which were left with me for collection. They were due on the second inst. and suits will be commenced on such as are not paid by the first day of next month. Those who are indebted to me for the season of Lofty are desired to make immediate payment.
DAVID HUNTER.
Martinsburg, January 17, 1806.
DISSOLUTION OF PARTNERSHIP.
THE partnership heretofore subsisting between the subscribers, under the firm of Wm. Long & Co. was dissolved on the 20th of May last, by its own limitation; they now earnestly call on all those indebted to them, to make immediate payment to Wm. Wilson (in whose hands the books and papers are lodged) who alone is authorised to collect the debts due them; and all those who have claims against the late firm, are desired to call on him for payment.
WM. LONG.
WM. WILSON.
Middletown, January 10, 1806.
THE subscribers respectfully inform all those who are indebted to him on his own account, or to the late firm of Wm. Long & Co. either by bond, note or book account, that unless they come forward and discharge the same by the first day of March next, or give satisfactory assurances that they are making the necessary arrangements to make payment shortly after, suits will be brought indiscriminately, or their paper transferred. I would further observe to all those interested in the above notice, that they must not take the (almost) unlimited indulgence heretofore given, as a pledge for a continuance of the same, as no such indulgence can or will be given in future, by their humble servant.
WM. WILSON.
Prospect Hill, January 10, 1806.
Fresh Clover Seed.
THE subscriber has for sale, at his store in Martinsburg, a quantity of Fresh Clover Seed , of the best quality.
JEREMIAH EVANS.
January 17, 1806.
NOTICE.
WHEREAS I did, in the year 1805, make James Morrow a deed, for lot no. 99, in Water-street, Martinsburg, on which the said Morrow resides, in consideration for the sum of £. 360, for which he, the said Morrow, gave me 12 notes for £. 30 each, payable annually; and at the same time the said Morrow gave me his bond, conditioned, that he could not, nor should not, sell or convey the said lot or land, or any part of it, until all the said notes were paid, or with my consent; and I having seen a publication of the said Morrow, dated December 27, 1805, the statement in which is wrong; I therefore forward all persons against purchasing the said lot, or any part thereof, as the said Morrow cannot make a good title to said lot without my consent.
CHARLES M'KEWAN.
Martinsburg, January 10, 1806.
MEMORIAL
OF THE MERCHANTS, OF THE CITY OF NEW-YORK: To the President of the United States, and the Senate and House of Representatives of the United States of America, in Congress assembled: The Memorial of the Merchants of the city of New-York.
Your Memorialists beg leave respectfully to approach the government of their country, on subjects of great importance, which have affected their minds with the deepest anxiety and alarm.
Confiding in the justice and friendly dispositions of the government of Great-Britain and entertaining a correspondent expectation that no unusual restrictions would be imposed on Neutral Commerce, without adequate motives and the most emphatic inducement, presuming especially, that commercial enterprises, commenced under the sanction of established principles, would on no account be affected by a change of system; your memorialists have employed a vast capital in importing various colonial productions, the surplus of which, exceeding the demands of this country, they have been accustomed to export freely to the different markets of Europe.
After this commerce had been prosecuted without restriction for several years, and had attracted a great proportion of their wealth; after their insurers had assumed immense responsibilities, grounded on an opinion that this trade was strictly regular; having never received the slightest intimation, that it could be deemed incompatible with the rights of a belligerent nation, they have been suddenly confounded, by unexpected intelligence of the arrestation on the high seas, of a large portion of their property, which had been embarked with the most unsuspecting confidence.
The feelings of your memorialists are not only excited by the losses which they have actually sustained, in consequence of a measure unsusceptible of previous calculation, but also from the state of uncertainty in which they are placed, with respect to future commercial operations.
Your memorialists have heretofore believed that commerce between the United States and colonies subject to the enemies of Great-Britain, when bona fide prosecuted on their own account, would be perfectly safe from interruption: They have also believed, that all articles, which might be securely imported into the United States, might be as securely exported, with the exception of well understood, and in respect to the import and the export trade of commerce with places blockaded, or in articles contraband of war.
In a recent interpretation of what is considered by the tribunals of Great-Britain as a direct trade, between the colonists and the parent countries of their enemies, your memorialists perceive with concern, the development of a principle, which, if conceded on the part of the United States, must prove fatal to their commercial importance.
It is understood to have been decided, that whenever it appears to be the intention of the importer of colonial produce, to export the same to Europe; or, whenever it was exported by the original importer, such intention or exportation, shall be evidence of a direct trade, and subject the property, though neutral, to confiscation.
As to the evidence arising from the supposed intention of an importer, they readily admit, that the great quantities of colonial produce, which are acquired by means of the American commerce, exceeding the demand for consumption in the United States, will fairly justify a general presumption, that the surplus is destined for the European market. They assert, however, that the intention of a merchant, in respect to the future destination of his property, must, from the nature of things, be inconclusive. All plans of business, formed by individuals, are liable to be affected by circumstances, not to be foreseen or controlled; these plans are therefore necessarily revocable by those who form them; and an intention which has not been executed, proves nothing more than might justly be inferred from a general
presumption, arising from the course of our commerce. To apply such an intention, in a particular case, to the prejudice of an individual; to presume that he has voluntarily incurred an immense risk, which, consistently with the success of his main object, he might have fairly avoided, and to involve him in ruin for prosecuting a trade, which, if undertaken with a different motive, would have been declared lawful;—would be, in the opinion of your memorialists, to confound and reverse the best established principles of reason, equity, and law.
Your memorialists contend for no innovation in the law of nations; and, except where special treaties have prescribed a different rule, they admit that they may lawfully be restrained from transporting the property of the parties engaged in war. In the recent decision which prohibits an importer of colonial produce from exporting it to Europe, they however perceive with concern, either a nugatory and vexatious regulation, or a modified blow, at what they deem an incontestable and valuable right.
Hereafter there existed clear and obvious circumstances of a discrimination, between the direct trade, which Great-Britain has assumed the right of denying to neutrals, and the indirect or circuitous trade, which she admits to be lawful. The direct trade could be performed by a single shipment, or voyage; whereas, the circuitous trade subjected the property to double freights and insurances, to deductions in favour of the revenue, and various other expenses in this country.
If the arrival of a ship in the country to which it belongs; the landing of the cargo; the inspection of the Custom-House; the payment or security of duties; do not terminate a voyage; then we confess our ignorance on a point, which, never having been before questioned, has been assumed by us as an acknowledged truth. If the entry for exportation; the embarkation of merchandise; the re-inspection of the Custom-House; the bond for re-exportation; delivery in a foreign country, and a public clearance, do not indicate the commencement of a new voyage, then we are yet to learn the meaning of the expression. If all the formalities and sanctions established for the security of our revenue; if operations of immense magnitude, transacted with the greatest publicity, and without any motive for concealment, are considered as unreal representations, and merely colourable and fraudulent contrivances to cover an illicit trade, between the colonies and the parent countries of the enemies of Great-Britain; then it becomes necessary, both in regard to our characters and interests, to inquire, whether the new regulations establish a more definite criterion for the discovery of truth?
We repeat with indignation the suggestion, that the trans-shipment of property for a foreign market, by the original importer, is evidence of fraud or chicane; or that, unsupported by other circumstances, it can justify a suspicion, that it is other than neutral. In our opinion, any discrimination between the rights of an importing merchant, and a vendor in the United States, is manifestly fallacious, as it virtually asserts, that the former can exercise only an imperfect dominion over property lawfully acquired, and possessed in this country, while at the same time he can convey to the latter a title to a privilege not enjoyed by himself; in short, that a trade is unlawful, when the advantage is to result to one person, but may be rendered lawful, by being participated with another.
If the new doctrine is executed in the mildest form, its operation must be highly injurious by originating new questions for litigation and of course, subjecting all our commerce to new hazards of interruption. We presume not, however, to comprehend to what extent, or in what manner the principle will be applied: we perceive, that the ancient land-mark has been removed, but we seek in vain for a beacon to direct our course;—if we inquire whether a bona fide sale and delivery of merchandise, by an importer, being a citizen, to another known citizen of the United States, for a valuable consideration, will, as in ordinary cases, be conclusive evidence of a transfer of property, and the answer is affirmative; then we complain that our ships have been detained, the rates of insurance enhanced,
Mr. Wilson

and our property confiscated, for the establishment of a rule, which, when once understood, will become nugatory, and cease to produce any commercial or political effect. If on the other hand, this evidence is not to be deemed conclusive, we profess ourselves to be utterly at a loss to discover, what proofs of ownership, and neutrality of property, can with safety be relied on.
But these embarrassments, though perplexing and vexatious, are not those which principally occasion our solicitude. We are compelled to consider the late decisions of the British tribunals, as preliminary steps towards a system for controlling the importations and exportations of colonial productions, and thereby annihilating the most lucrative branches of our foreign commerce.
If we owed this trade solely to the favour of Great Britain; still we might ask, what urgent motive, what imperious necessity, required that the favour should be resumed, at a period when our commerce was spread over the ocean, and when a change so essential might destroy its security, and subject us to incalculable losses?
We deny, however, that the rights of commerce, as claimed by us, are to be deemed favours; on the contrary, if the law of nations is other than a temporary rule, prescribed by an arbitrary will, and enforced by power, then we appeal to its most universal and inviolable principles, in our defence. This principle is, that the goods of a neutral, consisting of articles not contraband of war, in a neutral vessel, employed in a direct trade, between neutral countries, and parts of a belligerent country not invested or blockaded, are protected.
In the controversies which have existed at different times, for extending the privileges of neutral vessels, & limiting the grounds of capture, we take no pains to appeal to the old law. If neutral rights can be reduced within more confined limits than this law prescribes, we perceive not how, amidst the collisions of national interests, any neutral commerce can exist, even in our native productions.
If it be intimated, that neutrals should be confined to a commerce with such places, and in such articles only as were allowed in peace, by the municipal regulations of the countries engaged in war; the doctrine may be repelled by the notorious fact, that no such principle has governed the conduct of nations, during any wars in which they have been engaged; all were free to vary, and in fact all have varied, their commercial systems; whatever theoretical opinions may therefore have been advanced, there has existed no such practical rule, and to set up such a rule, under the unparalleled circumstances of the present war, must infallibly destroy the commerce of this country.
It is a well known fact, that the people of the United States export to foreign countries a greater proportion of the aggregate annual value of the produce of their industry, than any other people of the globe; they are consequently most deeply interested in the security and freedom of their trade; in short, being almost exclusively an agricultural and commercial people, those parts of our country, which, from recent settlement, or from other circumstances, are wholly agricultural, are more immediately interested than any other, as they are in a greater degree dependent on foreign supplies, and consequently most liable to be affected, by any vibrations of the commercial system.
As our manufactures do not flourish in proportion to the progress of our population, wealth, and luxury, the necessity of extending our commerce is constantly increasing.
The basis of all our trade is the aggregate value of all our productions, exceeding what are consumed in the United States; these are exported to various countries, from which we receive supplies for domestic use, or other articles for exportation. A very great proportion of all the results of our commerce with the world centre in the dominions of Great Britain, and we receive almost exclusively from that country, our clothing, and other necessary manufactures.
By the events of the late and present war, many countries with which we prosecuted an increasing trade, have been either diverted from manufacturing pursuits, or have been greatly impoverished, or conquered and subjected to the colonial system of Great Britain. With these preliminary facts in view, we request permission to detail some of the most important consequences of the assumed rule, that neutrals may be restrained, in time of war, to their accustomed trade in time of peace.
The injustice of such a rule, in relation to the United States, will be more manifest; the individuals employed in commerce, would not alone be affected; all the internal relations of our country would be disturbed; the interests of those districts which are most remote from our principal ports, would, in proportion to their dependence on foreign supplies, be most severely depressed.
The effects of war cannot be confined to the countries engaged in war. The value of money; the price of labour; the rates of freight and insurance, are by war enhanced throughout the world; all articles of merchandise, both of export and import, are variously affected, in their quantities and value, by new wants; by the relinquishment of former pursuits, and by the new direction which is thereby given to the industry of different nations. Other consequences result from the effects of war; as the improvement of some, and the aggrandizement of other countries; also, from the acknowledged right of belligerent nations to interdict commerce in contraband articles, and to institute blockades. This last right is highly injurious to neutrals, as it frequently restrains them from proceeding to the best markets. It is obviously impossible, therefore, to confine the United States, in time of war, amidst all these changes and disadvantages, to their accustomed trade in time of peace, without destroying all trade.
If in consequence of the war, certain articles usually exported from the United States to countries from which we received necessary supplies, cease to be demanded in those countries, may we not export other articles, and thereby obtain the supplies we need?
If articles usually imported into the United States in time of peace, cease to be demanded by us in time of war, in consequence of our ability to obtain substitutes when we prefer shall we be required to renounce our export trade, by being forbid to import other articles for consumption or for commerce? or shall we be compelled to receive in exchange, articles which we do not require?
If, in consequence of an increased demand for our exports to particular countries, we obtain in exchange, articles of commerce, exceeding our domestic wants, shall it be required that the surplus perish on our hands?
If Great Britain permits commerce between her subjects and the colonies of her enemies, may we not, with the consent of those colonies, participate in the same commerce?
If our commerce with the enemies of Great Britain may now be confined to the system established in time of peace, may we not apprehend that the principle will be retaliated, in respect to our commerce with the colonies of Great Britain? In that case, what can ensue but war, pillage, and devastation?
These are not imaginary suppositions; they illustrate the most important principles of our commerce; they evince the necessity of circuitous trade, to enable us to realize the great value of exports in our native productions, by which alone we acquire the power to liquidate the balance against us, in our commerce with Great Britain; they demonstrate, that the position against which we contend, is not a rule of the law of nations; the law of nations ordains no rule which is unequal and unjust.
But still we have other and more forcible objections; the concession which is required would deprive us of many advantages, connected with our local situation, our enterprise, our wealth, and our fortune. It would require us to divert much of our capital and industry to new employments; it would amount to an abandonment of views, as a commercial people, and might involve us in dangerous controversies; by virtual admission, that any essential articles of supply may, at the pleasure of a belligerent nation, be placed in a state of inhibition, equivalent to being declared contraband of war.
Hitherto we have regarded it as a peculiar felicity incident to our neutral situation, that it was equally beneficial to ourselves, and to all the parties with whom we are connected; the articles exported by us to the enemies of Great Britain, being convenient supplies—promised to secure to our ships in their ports a welcome reception and hospitable treatment. As the direct returns for these exports were inconsiderable, and as the products were almost exclusively remitted to Great Britain, and thereby applied in payment for manufactures purchased on our account, we considered ourselves sure of receiving from them, at least that degree of protection
which was recommended by a regard to mutual interests.
It is however with much surprise that we have recently discovered, that the very circumstances upon which our hopes of security are reposed, have been urged as arguments to justify an invasion of our rights, and that having totally suppressed the external commerce of her enemies, Great Britain is now counselled to appropriate to herself that of her friends. If it be true that, as exporters of certain articles to the ultimate markets, our interests are in collision with hers; yet it ought to be recollected, that it is a particular and minor interest only which suffers, and that the disadvantage is a necessary consequence of her colonial system: that the general results of our commerce are greatly in her favor; that they invigorate her manufacturing interests, which are the great basis of her wealth; and that these interests can never be promoted by the impoverishment of her best customers. Surely the security of neutral rights ought not to diminish, as their value is augmented! Surely a maritime preponderance, which enables its possessor to blockade any of the ports of its enemies, conveys no just title to a monopoly of the commerce of the world!
In the list of our complaints, we cannot forbear to enumerate the humiliating and oppressive conduct of ships of war, in the vicinity of our coasts and harbours. We respect the principles and emulate the conduct of Great Britain, in regard to our own jurisdiction, and we wish merely to claim for ourselves the same measure of justice which she exacts from others.
But while we contend that we ought not to be exposed to humiliating inquiries in the verge of our port, which by means of secret connections with our city, may be rendered conducive to the indulgence of partiality, favor or malice, we disavow every wish to divest the belligerent nations of their rights. If, in particular instances, the American flag, and the character of an American merchant, have been prostituted to unworthy purposes, we declare the individuals thus guilty to be our enemies, and we wish not to screen them from the just consequences of their misconduct. We also assert, that a comprehensive view of our commerce affords conclusive evidence that of the property circulated through this port, the proportion which can possibly belong to the enemies of Great Britain, is an object unworthy the attention of a great power; especially, if in a vigorous pursuit of its strict rights, it incurs the hazard of forfeiting the esteem of its friends.
If, therefore, the mode in which the American commerce is prosecuted, is allowed by the law of nations; if irrefragable evidence arises from our situation, wants, and necessary connections with the rest of the world, that it is almost exclusively grounded on American capital; if the suggestions, that we are the mere agents of foreigners, are ignominious insults, contrived as apologies for injuries; if frauds in relation to foreign trusts, are not more frequent in this country than in Great Britain; and if no government is able wholly to prevent them: then our conclusion in the present, as in all other cases, ought to be deduced from general facts, and not from particular exceptions. This conclusion is, that the American commerce is one of the great links which connect those interests of civilized nations, which war ought not to disturb; that to break this link, will be to destroy all commerce; and therefore, that a serious misunderstanding with Great Britain would prove fatal to the most important interests of both countries.
This view of the subject, while it excites our anxiety, furnishes, also a resource for our hopes. We wish only for justice; and believing that a commercial nation which disregards justice, thereby undermines the citadel of her power, we rely on the effects of mutual interests and wishes in promoting a cordial explanation, and fair adjustment of every cause of misunderstanding; in particular, we rely on the government of our country, that our rights will not be abandoned, and that no argument in favour of an usurpation will ever be derived from our acquiescence.
If our personal interests and local attachments have not greatly mis-directed our opinions, the defenceless situation of the port of New-York, ought to excite the anxious solicitude of every friend of his country. Our river is the only commercial avenue to a fertile and populous country, which is rapidly rising into importance. It is here, that one-third of the revenue of the Union is collected; and this proportion is understood to be relatively increasing. But while we are
grateful for these distinguished advantages of nature, our satisfaction is diminished, by reflecting on their insecurity; for in proportion as the resources of our country accumulate to this point is the hazard, that they may present a temptation to rapacity, and become the prize of violence. Without recurring to the experience of past times for proofs, that no nation can long maintain an extensive commerce, without well defended sea-ports, & an efficient military marine, we are admonished by the new and portentous aspect of Europe, and the alarming prevalence of piracy in the West Indies, that energetic measures of defence has become indispensably necessary.
We presume not to express any opinion respecting the degree of force, of which the permanent navy ought to consist; and being sensible that delays must attend the construction of suitable defences for our port, we shall rest satisfied, when we perceive that these measures are commenced in a manner, and upon a scale, which will assure to us an efficient completion.
Such however, is the present organized force of the United States, that we should consider it inconsistent with the honor, interests, or security of our country, to parley with the pirates of the West Indies, whose conduct being inconsistent with any known rules of lawful warfare, cannot have been authorized by any civilized nation towards another nation, in a state of peace. Our vessels, while pursuing a lawful trade, have been piratically seized, their cargoes have been forcibly taken away and distributed, without even the form of a trial; the vessels in many instances sunk and destroyed, and the crews stripped of all their property; all these outrages have been exercised upon innocent and defenceless men, aggravated by unprecedented circumstances of insult, oppression, and barbarity. Some of these violences have been committed on vessels, which were captured within sight of our harbors; and the great scene of these unparalleled enormities is the island of Cuba, which commands the only avenue by which we preserve a commercial connection with our brethren of the Western States; a connection which we cherish with ardor, as a source of mutual advantage, and a bond of permanent union.
But it is not on account of our pecuniary losses alone that we complain. The constancy and valor of the seamen of the United States, are justly the envy of patriotic emulation. From their connexion with us, we consider their cause as our cause, their rights as our rights, and their interests as our interests; our feelings are indignant at the recital of their wrongs; and we request, in addition to the protection of a naval force, that, at least in the American seas, our brave countrymen, may be permitted to display their energy in their own defence.
Your memorialists conclude with remarking that they deem the present situation of public affairs to be peculiarly critical and perilous, and such as requires all the prudence, the wisdom, and energy of Government, supported by the co-operation of all good citizens. By mutual exertions, under the benign influence of Providence, upon this inhospitable season, we hope the clouds which threaten to obscure its prosperity, may be dispelled; and we pledge our united support in favour of all measures adopted to vindicate and secure the just rights of the country.
And your Memorialists, as in duty bound, will ever pray, &c.
Signed by the unanimous order, and on behalf of a general meeting of the Merchants of the city of New-York; convened on the 26th December, 1802.
JOHN BROOKS, Chairman. Oliver Wolcott, John Franklin, William Edgar, Isaac Lawrence, Thomas Carpenter, Henry L. Wyckoff, John Taylor, Thomas Farnam, George M. Woolsey, David M. Clarkson, Robert Lenox, Goold Hoyt, Elias Coit, John B. Murray, Leffert L. Lusk, Samuel A. Lawrence, Samuel Russell, Joseph Blackwell, John Murray, M. Clarkson, John B. Colles, Archibald Gracie, Wm. W. Woolsey, Benjamin Minturn, William Bayard, Gulian Ludlow, Ebenezer Stevens, Raphael Havens, Wm. Lovett, Gen. Griswold, Henry Post, jun. John B. Livingston, Daniel Ludlow, Wm. Henderson, James Arden, John P. Mumford, Benjamin Raily, Wymant Van Zant, jun. John De Peyster, Isaac Clason, Richard Scanlan, Peter Schermerhorn, James Scott, Charles M'Ever, jun. John Kane, John Clancey, Wm. Codman—
Committee.

.....
NORFOLK, January 13.
The following extract of a letter was put in our hands by a mercantile friend of this place, the writer is a captain of an American vessel, well known to the editor of this paper ( The Norfolk Ledger ) for his candour and veracity, and one who would not complain without cause, or exaggerate British depredations. The letter is dated,
Antigua, 23d Dec.
"It was fortunate that I had not sold, and purchased a return cargo at Martinique as much loss to you and anxiety to me have been avoided. It would have been impossible for me to have eluded the vigilance of the British cruizers in these seas. A system has been adopted here the most iniquitous in itself, and ruinous to our trade that can be imagined. Every American vessel coming from a French Island, with a cargo, is certain to be carried in, because the courts in every case make us pay the expenses. I have informed myself fully on the subject, and know that the privateers out of this island are ordered to bring every vessel from a French port, with cargo, in for trial, stating that matters are settled between the court and them, that the expenses shall be paid in all cases by the Americans."
The abuses to which we are subjected are intolerable; a junto, consisting of the judge—the lawyers, the owners of privateers, and those become our friends when we are brought in, have laid their heads together to fleece us; we are sure to be put to great expense, the amount the gentleman share between themselves. They appear to us to be opposed to each other, but they know divide the spoil. I got my information from one of the party, and what I see every day confirms the information I have received. It is a fact that several American vessels have been lent in here whose papers were never looked at, by those who sent them in. They were ordered to send them in, without regard to papers or documents, for reasons before stated."
BOSTON, January 12.
A vessel which left Halifax December 22, arrived here last evening, brings Liverpool accounts that Sir Richard Strachan had fallen in with the Rochefort squadron near Cape Ortugal, and captured four line of battle ships. As the vessel which brought the news to Halifax was casting off, news was received (and all the bells were ringing) that Sir John Moore, had suddenly embarked 12,000 troops, joined Sir Sidney Smith, disembarked at Boulogne, attacked and carried the batteries; (Napoleon having only left 4000 men to defend them) that the guns were spiked, and Sir Sidney Smith, pushed his squadron into the harbour, entirely destroyed the whole vast flotilla!
PHILADELPHIA, January 24.
FROM WASHINGTON.
1st no. 31, 1806.
FALSO REX.
Parturient montes, nascetur ridiculus mus. saith Horace somewhere. What would he not have said had he known a grave assembly sitting in secret two weeks and debating whether or not they should attempt to take the island of Cuba? He would have said the mountain in travail had brought forth a gnat. I am informed (and in a manner as leaves no doubt in my mind) that the disputes with England made no part of the long labors of discussion in the house; but that the principal point of debate has been, the propriety of immediately commencing offensive operations against Spain, by a descent on Cuba; that this measure was most warmly advocated by Randolph, and was supported by the federalists and some of the constitutionalists; that only seven or eight of Randolph's Yazoo friends clung to him; that the measure was lost about 70 being against it and about 50 for it; that some other offensive measure has been agreed to; a measure of trivial importance, but what it is I have not been informed; but am assured 'tis of little moment; that it will make no noise when divulged.
WASHINGTON CITY, January 23.
CONGRESS. —The House on Thursday were most of the day occupied, in committee of the whole on the state of the union, in the discussion of the first of the resolutions reported by Mr. Dawson chairman of the committee to whom was referred that part of the president's message relating to fortifications, gun-boats and 74's. Mr. Early took the lead in opposing the resolution first before the committee, viz. the appropriation of
150,000 dollars for repairing and extending fortifications.—The grounds taken by the opponents of the resolution were:—a want of data by which to judge of the sum necessary; the want of resources; and the doubt of effectual defence by these means. The grounds taken in support of the resolution, are too obvious to need recital. The committee of the whole rose without doing any thing in the business.
Yesterday, Mr. Thompson called for the order of the day on the petition for a Bridge from Washington across the Potomac. Mr. Nelson stated that he was too unwell to speak on the subject, and his constituents were too much interested—he wished Mr. Thompson to withdraw his call. The call was withdrawn. It is uncertain when it will again be called up.
Mr. Earley moved two resolutions; the substance of which was—to request of the President a statement of the fortifications, the practicability of defence of our ports by batteries, the expenses of the fortifications, sums necessary to repair and fit them, the state of the navy, expenses of each frigate, annual expense, &c. &c. After considerable debate the resolutions were carried; 81 for them.
Mr. Elliot moved a resolution, calling on the secretary of the navy for a list of the navy, expense of repairing, manning, and annual support. Carried.
Mr. Gray moved a resolution; disqualifying any member for his seat, who had concern by contract, or otherwise, with the disbursement of public monies. Ordered to lie on the table.
The House adjourned till Monday.
EX-BASHAW OF TRIPOLI.
A few minutes after the house had proceeded to business this day, a message in writing from the president of the U. States was delivered to the speaker.
The message and the documents accompanying it were very long. It stated that he laid before the senate and house of representatives the application for assistance of the ex-bashaw of Tripoli, Hamet Caramalli. It takes a view of that part of the war with Tripoli, where Mr. Eaton joined the forces of the ex-bashaw.
It appears that after putting the ex-bashaw into possession of the city of Derne, a place of great importance in that country, he was unable to raise a force sufficient to co-operate with us by land against Tripoli, and that col. Lear, for this amongst other reasons, when all was ready for an attack by sea, thought it the best time to negotiate for peace.
It also appears that the ex-bashaw's expectations went to being placed on the throne by means of the American force. This hope is, by the message of this day, called a "mistaken idea." It also admits, that all the ex-bashaw got by the peace, was, and that with considerable difficulty, the release of his family. So far as to the message at present, it being ordered to be printed.
It is clear from the communication, that after the unfortunate Hamet had obtained the release of his family, he had not where-withal to maintain them, or even the means of securing their safety, or perhaps his own life. It did not appear in what part of the world the unhappy man has taken refuge; but from one of the documents accompanying the message we are told that Mr. Eaton and Lieutenant O'Bannon had resolved to conquer or perish with Hamet, Mr. Eaton avows a co-operation with him, which he admits to be synonymous with alliance. This admission, recognized by the president, certainly places him upon the footing of an ally. It will therefore be before congress to look into the state in which we left this ally, when Mr. Lear patched up this peace.
As soon as the message, and a memorial from Georgia about the boundaries of that state and North Carolina, in which they could not agree, had been read, Mr. Jackson undertook to turn us this day out of the gallery, by moving to have the doors closed. This is either the ninth or tenth day of secret business.
MARTINSBURG, January 31.
We this day present our readers with the Memorial of the Merchants of the City of New-York, to the exclusion of other matter of less importance.—We have seen Memorials from the Merchants of a number of our sea-ports on the same subject—but we think with the editor of the New-York Herald, that this Memorial "is certainly one of the most able productions of the kind we ever read—it expresses in a mild, yet firm and dignified manner, the grievances of an highly injured people, and asks in a tone not easily to be refused for redress from the Government of their country."
asily to be refused for redress from the Government of their country."
Politics says the elegant and ingenious Mr. Greenville in his maxims, in the food of sense exposed to the hunger of folly; the appetite is great the digestion imperfect. No one says Aristotle, can govern well, unless he has himself submitted to be governed. And Plato in his second Alcibiades observes, No one even pretends to make shoes, without having served an apprenticeship to the business of shoe making. The same may be alleged of other occupations; yet says that great philosopher, no man appears to despair of his talents in the art of government, though he has never applied his thoughts to that most difficult of all arts, till the instant he is about to commence his nice and difficult occupation.
Those of our Legislators, either in the general or state governments whom this shot fits, will please to wear it.
The Hon. ALEXANDER CONTE HANSON, chancellor of the state of Maryland, died at Annapolis on the 23rd inst. at half past 3 o'clock of an apoplectic fit.
A letter from Havannah, of the 26th ult. (received at New-York) says: 'The celebrated gen. Bowles died three days since at the Moro-Castle, reduced to skin and bones. He had, for more than forty days previous, refused to eat anything but oranges uncut; those he cut and sucked—and we have reason to believe that he had strong reasons for what he did.'
The accounts in the papers respecting the complete settlement of differences between Spain and our own government, are not entitled to credit. We have been assured that the President has expressed his disbelief of the intelligence—and further that no dispatches have been received on that subject.
Whether the differences between the British government and this country are settled as stated in our last, we are unable to ascertain. We think we are correct, however, in saying that dispatches have not reached government. Confirmatory of advice so agreeable to the wishes and interests of our country. Serious as those differences may be, we are inclined to believe, that they will be amicably adjusted, and we hope to the entire satisfaction of both nations.
[Washington Federalist.]
FATAL DUEL.
The following is an extract of a letter from a correspondent in Pittsburgh, to the editor of the United States' Gazette, dated January 10, 1806.
On Wednesday last (the 8th inst.) a duel was fought in the vicinity of Pittsburgh, between Tarleton Bates, Esq. the prothonotary of Alleghany county, and a person of the name of Stewart, a storekeeper here, in which Mr. Bates was killed at the second fire. The ball of his antagonist entered the upper part of his breast, about an inch left of the centre, and lodged in his left shoulder, passing near his heart. He immediately fell, and almost instantly expired. Political animosity and party disputes led to this fatal catastrophe. Stewart is said to be one of our patriots of '76, arrived since the revolution from Ireland, and one of Duane's Faction. Mr. Bates is an American. In consequence of certain abusive publications, Mr. Bates attempted to horsewhip Pentland, the publisher of the Commonwealth.—Pentland first wrote him a note that he had applied to the law for redress; but shortly after a challenge, probably advised to by Stewart and some other of the Irish incendiaries of the place.—Mr. Bates thought proper to refuse the challenge, or account of Pentland's being a boy and an apprentice of Duane's, and perhaps for other reasons. Pentland had him then posted in handbills as a coward, &c. Mr. Bates published a statement in the Tree of Liberty, in some degree reflecting on Stewart (without mentioning his name) who was the bearer of Pentland's challenge. This is understood to have produced the challenge from Stewart. The minds of the people in Pittsburgh appear much agitated. Something was threatened to day towards the destruction of Pentland's press; and it is said the militia were ordered out to defend it. The fact is, I saw armed men passing in the streets. Something serious may yet take place.—The Col. of the militia in the town is an Irishman, and of Duane's Faction, and perhaps a majority of the officers are of the same description. The poor Americans seem prepared to surrender their rights, and to become the passive tools of foreign desperadoes.
THE subscriber has for sale two young waggon Horses, a young Mare, fit for either saddle or draught, a good road Waggon nearly new, two sets of Gears, a good Sleigh, and some Hay. A credit of nine months will be given for part of the purchase money. For further particulars apply to the subscriber, living on the road leading from Martinsburg to Leetown, 6 miles from the former place.
JOHN BURNS, jun. Berkeley County, January 31, 1806.
FOR SALE
50 Barrels of Corn.
Apply to the Printer, Martinsburg, January 31, 1806.
FOR RENT IMMEDIATELY,
FIVE PLANTATIONS, lying in the counties of Frederick and Jefferson, all well improved, and one has a Distillery on it. Two of the above Plantations are in Jefferson and three in Frederick county. Any person wishing to rent may be supplied by the subscriber living near the Yellow-House, Frederick county.
THOMAS CAMPBELL. January 31, 1806.
THE subscriber will sell at public vendue, on Saturday the fifteenth of February next, on the premises, a PLANTATION, situate on Opeckon Creek, two and a half miles from Martinsburg, near the public road leading from thence to Shepherd's Town, containing 118 acres of strong lime-stone Land; about 30 acres of this land is well timbered, the balance cleared and in high order for farming; the whole tract is enclosed with good fences; it is well watered, and has two mill seats on it; the improvements are a convenient dwelling house two stories high, kitchen, smoke house, stables and other necessary buildings, an apple orchard of young thrifty trees, &c. The terms will be advantageous to the purchaser—they will be made known on the day of sale. If this land is not sold on the above day, it will then be offered to rent to the highest bidder—possession may be had the first of April.
EDWARD MASON. January 31, 1806.
TO BE SOLD,
A VALUABLE PLANTATION, containing about 800 acres, the property of the late Benedict Cootzman, decd. of which 130 acres are cleared; on the premises are erected a good dwelling house one and a half stories high weather boarded and painted, a kitchen, smoke house, good barn 66 by 24 feet of hewed logs, necessary stabling, and a convenient spring house; on the said land is a never failing spring, a valuable thriving orchard containing 200 bearing apple trees, including about 26 acres; a quantity of valuable meadow is made and a much larger quantity might with convenience be thereto annexed. It is unnecessary to describe the quality of the above plantation, as it is probable the person or persons wishing to become purchasers will view the premises prior to the sale. For terms apply to
CORNELIUS THOMPSON, or to HENRY CAUTZMAN. Berkeley County, January 31, 1806.
WHEREAS, I did, on the 25th of April, 1803, give to David Carringer a bond for the sum of one thousand one hundred and ninety-six dollars, in consideration of two tracts of land and a saw-mill, in Berkeley County; and whereas the said Carringer has not complied on his part with the contract entered into with me; this is therefore to forward any person or persons from taking an assignment on said bond, as I am determined not to pay it unless compelled by law.
MICHAEL ROONEY. January 31, 1806.
BY virtue of a deed of trust executed to me by Conrad Fultz, I will expose to sale by public auction, for ready money, on the Monday after the third Tuesday in next month, being the first day of February next, on the premises in the town of Martinsburg, a HOUSE and part of a LOT, in said town, now in possession of said Fultz, adjoining the lot owned by the heirs of David Wolgamott, dec'd; the House is a new stone building, and with little expense may be made convenient, the Lot lies well, and is in a public situation on the main street.
PHILIP P. WILSON, Trustee. January 31, 1806.

Written by a husband on the 14th Anniversary of his marriage.
ONCE more, my dear Mary, the circling Sun, His annual course round our world has repeated: And since our hymeneal connection began, Thirty-fourteen years have been fully completed.
Heaven heard my desire, That each comfort and care, With thee join'd in one we would constantly share; Till slow the last sand of our glass should expire, And shut out the ties of a lover and friend.
What mingled emotions arise at the view Of life's checkered road, which we've travelled together; The griefs that we suffer'd, the joys that we knew; Prosperity's sunshine—misfortune's foul weather.
What hopes, and what fears! What Smiles, and what tears! Fill up the mixed map of these fast fleeting years: But changes of seasons and fortune, still tend To strengthen the ties of a lover and friend.
Around to behold such a numerous race Of girls, and of boys, the dear pledges of affection; Their minds fraught with sense, and their persons with grace, Should sweeten our labours and banish dejection.
May each anxious care, These pledges to rear, cement our affection, and make them more dear; And the bland name of Parent its influence lend, To give a new zest to Lover and friend.
If Providence smiles, and increases our store, The boon we'll enjoy with a wise moderation. A portion shall still be assign'd to the poor, For the poor, and despis'd, they are all our relations;
Or if heaven lessen Each temporal blessing, Our cup will be full while each other possessing!
VALUABLE Real Property FOR SALE by the Heirs of Michael M'Keirnan, dec'd.
Part of the real estate of said M'Keirnan in the State of Maryland, etc. A VALUABLE Plantation of rich Lime-stone Land, on the waters of Conococheague, containing about 373 acres. This Land is of the first rate quality, with a number of never-failing Springs of water, a large proportion of good Meadow, with a House, Still House, Barn, &c. also, a number of Fruit trees, and a never-failing stream of water running thro' the place; within sight of a Lutheran Church and in the heart of a German settlement. This property is about 9 miles from Hagerstown and 3 from Potomac river, and has a number of merchant mills near it.
Also for sale, in the town of Hancock, on the river Potomac, one House and Lot, well situated for a store or any kind of public business.
In the State of Virginia. One Plantation, on which is erected the noted stand called the Half-Way House. This Tract contains 166 acres of Land, the whole of which is tillable, and a great proportion cleared; this Land is particularly adapted to small grain. Its situation makes it more valuable than perhaps many stands in the county, being central between Martinsburg and Bath; it abounds with fine Springs, a good Orchard of choice Fruit; the House is large and well calculated for the reception of travellers, a Stable, and an out house for the family separate from the tavern.
Also, 400 acres of Land, within 3 miles of the town of Bath, 30 of which are cleared and under good fence; the Land is of good quality; on the Land is a House and Stable, with good Water and some Meadow.
Also, a small Farm on Sleepy Creek, about 5 miles from Bath; this place is in good order, with a convenient House and Barn, and Meadow well watered, and a good Orchard.
Also, in the town of Bath, that noted stand known by the name of the Coffee House, adjoining the Bath square; this House is the largest and most convenient for the reception of visitors at Bath, having upwards of 20 lodging rooms, a large ball-room, a dining-room, dressing rooms, bar room, and a fine Kitchen.
Also, a Lot on which is erected a large Stable, sufficient to contain 40 horses, near the Coffee House, and a small Dwelling House.
Also, a Lot adjoining the Coffee House, on which is erected a two-story log House weatherboarded and painted, with Store Room, Kitchen and Stable.
It is unnecessary to be more particular, as it is presumed any person wishing to purchase, will first view the premises. By paying a reasonable proportion of the purchase money down, the balance will be taken in easy payments. For further particulars inquire of Laurence M'Keirnan, who resides on the first described place in Maryland, to Timothy Mousher in Hagerstown, Ignatius O'Ferrall, on Mill-Creek, Berkeley County, Virginia, or Andrew Goulding, on Potomac river, 3 miles above Bath. October 23, 1805.
FOR SALE. Pursuant to the last will and testament of Robert Creighton, dec'd, a valuable Tract of Land,
Lying in the County of Berkeley and State of Virginia, three miles from the town of Martinsburg, on the road leading to Williamsport, eighty-five miles from the City of Baltimore, seventy-five from the City of Washington, and eighty miles from the town of Alexandria—containing six-hundred acres, one half cleared and under good fence, the balance well clothed with timber. There are on said land a number of never-failing springs, and a sufficient quantity of Meadow. This Tract would suit well to be divided, as there are two Dwelling Houses, two Double Barns, and two Orchards of choice Fruit. It lies five miles from the river Potomac, the navigation of said river is now completed, produce may be conveyed down the river to the City of Washington and to the town of Alexandria at a small expense. For terms apply to William Riddle, of the town of Martinsburg. A good title will be made the purchaser by WILLIAM RIDDLE, and Wm. CREIGHTON, Exr's.
Fresh Goods.
THE subscriber has just received his supply of FALL & WINTER GOODS, which, having been selected from the latest importations with great care, and purchased at reduced prices, he can recommend to the attention of all who wish to buy Goods on reasonable terms. Among his Groceries he has received a large quantity of COFFEE , of the first quality, which he can venture to say is better than any sold in Martinsburg for a number of years. THOMAS C. SMITH. Martinsburg, October 16, 1805.
Fall Goods.
THE subscriber has just received and finished opening a supply of Fresh Fall Goods and Groceries , which in addition to his former stock, makes his assortment complete, all which he begs leave to offer his friends and the public in general, uncommonly cheap for cash, or on the usual credit to punctual customers. PHILIP NADENBOUSCH. Martinsburg, October 23, 1805.
Just received, and for sale by the subscriber, in addition to his other GOODS , Mill Ropes, Sacking and Bed Cords, Plough and other Lines, also Fish Oil.
WARRANTED Bolting Cloths, (AS USUAL) Superfine, Common and Middling, of the first quality, for sale on moderate terms. PHILIP NADENBOUSCH. Martinsburg, August 9, 1805.
LAND FOR SALE.
I AM disposed to sell a valuable Tract of LAND , containing about 308 acres, situate within two miles of the town of Martinsburg, immediately on the main road leading from thence to Winchester. This Land is of the rich lime-stone quality, about half the tract is cleared, and in a good state for cultivation; the other moiety heavily clothed with valuable timber. There is a fine flowing spring, unusually large, rises within a few poles of the dwelling house, which is of the first quality of lime-stone water, and never fails. On this property are erected a large stone mansion house, a barn, and other out buildings of a useful description. It would be needless for me to attempt enumerating the many advantages which must result to a purchaser of this place—so directly on the most public road in the country and so contiguous to the town of Martinsburg—on a view of the premises and situation, these things must present themselves to the mind more forcibly than any thing I could say. One third part of the purchase money will be required in hand, the remaining payment, will be made easy to the purchaser. Any person inclined to treat on this subject, may find the subscriber in Martinsburg. ISAAC EVANS. December 27, 1805.
Horton & Clark, Grocers, next door to Hussey's tavern, North Howard-Street Baltimore, Have on hand and intend keeping a general assortment of GROCERIES.
of the best kind, among which are Cognac Brandy, Tea of every description, Madiera Wine, Sausages, Spirits, Sugars do. do. Holland Gin, Coffee do. Rouen, Candles & Soap do. N. E. Rum, Chocolate do. Molasses, Cheese do. Salt, Spanish Sugars, Oil & Paint, Pepper & Spices, Pleasant of Paris, &c. &c. &c. These Goods are offered unusually low. Orders from the country thankfully received and punctually attended to—Highest prices given for Country Produce, Flour, Hemp, Butter, Bacon, Ginseng, &c. &c. August 16, 1805.
New Goods.
THE subscribers have just received and are now opening a general assortment of FALL & WINTER GOODS , together with a full supply of HARDWARE, SADDLERY & CUTLERY ; also, QUEEN'S WARE, CROCKERIES, LIQUORS and TEAS , of a superior quality; all of which have been selected from the last importations, and are offered for sale at their store, fronting the market house, at the most reduced prices for Cash or Country Produce. LEWIS & ROBERT WILLIS. Martinsburg, November 22, 1805.
Fresh Fall and Winter GOODS.
THE subscriber, having selected the whole of his Fall and Winter Assortment from the present importations, begs leave to offer and recommend them at the most reduced cash prices to his customers; if such selections, at reduced prices, are sufficient recommendations, he flatters himself he may be entitled to a share of public patronage. JEREMIAH EVANS. Martinsburg, October 16, 1805. N. B. A very general assortment of GROCERIES, Crowley and Blistered STEEL , on hand as usual. J. E.
Stop look here!
I WILL give any person an uncommon great bargain in a small Tract of LAND , on the waters of great Cape-Cape, near the mouth, containing 95 acres, which is all clothed with excellent Timber of various kinds, two Springs which afford water enough to turn a mill rise on the premises; there may be at least 15 or 20 acres of excellent Meadow made with little labour, which may be all watered. It would be an excellent stand for a distiller of spirits, as there are two grist mills within 3 miles, and four saw mills. One young horse will be taken in part pay. For further information apply to the subscriber living in Shepherd's Town. Wm. STEPHENSON. December 6, 1805. [Ad]
Patterson's old Mill.
THE subscriber has got the above Mill in complete order for the reception of Wheat or any other Grain. He will manufacture Wheat as it has heretofore been done at said Mill, and will be responsible that all Flour manufactured by him shall pass inspection if safely carried or delivered at the ports or places of inspection. In case of condemnation, a certificate from the Inspector mentioning the cause thereof, together with the brands and marks of the barrels, will be necessary before the difference can be made good. The market prices in Cash given for WHEAT, RYE and CORN. ROBERT CHRISTY. September 12, 1805. [Ad]
NOTICE.
THE subscriber has assigned and deposited with Elisha Boyd, Esq. for collection, sundry obligations given to him and James Stephenson, dec'd. Those who do not call on said Boyd and discharge the amount due, by the 10th day of next month, may expect to meet with no further indulgence. SAMUEL BOYD. Berkeley County, January 17, 1806.
MARTINSBURG, Berkeley County, Virginia: Printed and published by JOHN ALBERTUS.
TERMS OF THE INTELLIGENCER. The price of this Paper is two dollars per annum, one dollar payable at the time of subscribing, and one when the year expires. Distant subscribers pay for the whole year in advance. The price of Advertisements, to non-subscribers, is one dollar per square for three weeks insertion, and for continuance after that time 25 cents per week. Subscribers will continue to receive a reduction of one-fourth on their Advertisements.