Norfolk gazette and publick ledger (Norfolk [Va.]), 1808-04-18 00:00:00

[In our paper of Monday last, we published the plan of Convention between the United States and Great Britain, as furnished by this government to Mr. Monroe, the following observations on that plan were also sent to Mr. Monroe by Mr. Madison.]
The first article relates to impressments from American vessels on the high seas. The commanders of British armed vessels have, as is well known, been long in this practice. They have indeed not only continued it, under the sanction of their superiors, on the high seas; but have, with impunity, extended it to our own coasts, to neutral ports and to neutral territory; and, in some instances to our own harbors. The article does not comprehend these latter cases; because it would not be very honourable in Great Britain to stipulate against the practice of such enormities, nor in the United States to recur to stipulations as a security against it; and because it may be presumed that such particular enormities will not be repeated or unpunished, after a general stop shall have been put to impressments.
The article, in its first form, renounces the claim to take from the vessels of the neutral party, on the high seas, any person whatever, not in the military service of an enemy; an exception which we admit to come within the law of nations, on the subject of contraband of war.
With this exception, we consider a neutral flag on the high seas, as a safe guard to those sailing under it. Great Britain, on the contrary, asserts a right to search for, and seize her own subjects; and under that cover, as cannot but happen, are often seized and taken off, citizens of the United States and citizens or subjects of other neutral countries navigating the high seas, under the protection of the American flag.
Were the right of Great Britain in this case not denied, the abuses flowing from it would justify the United States in claiming and expecting a discontinuance of its exercise. But the right is denied, and on the best grounds.
Although Great Britain has not yet adopted, in the same latitude with most other nations, the immunities of a neutral flag, she will not deny the general freedom of the high seas, and of neutral vessels navigating them, with such exceptions only, as are annexed to it, by the law of nations. She must produce then such an exception in the law of nations, in favour of the right she contends for. But in what written and received authority will she find it? In what usage, except her own, will it be found? She will find in both, that a neutral vessel does not protect certain objects denominated contraband of war, including enemies serving in the war, nor articles going into a blockaded port; nor, as she has maintained, and as we have not contested, enemy's property of any kind. But no where will she find an exception to this freedom of the seas, and of neutral flags which justifies the taking away of any person, not an enemy in military service, found on board a neutral vessel.
If treaties, British as well as others, are to be consulted on this subject, it will equally appear that no countenance to the practice can be found in them. Whilst they admit a contraband of war, by enumerating its articles, and the effect of a real blockade by defining it, in no instance do they affirm or imply a right in any sovereign, to enforce his claims to the allegiance of his subjects, on board neutral vessels, on the high seas. On the contrary, whenever a belligerent claim against persons on board a neutral vessel, is referred to in treaties, enemies in military service alone are excepted from the general immunity of persons in that situation; and this exception confirms the immunity of those who are not included in it.
It is not then from the law, or the usage of nations, nor from the tenor of treaties, that any sanction can be derived from the practice in question. And surely it will not be pretended that the sovereignty of any nation extends, in any case whatever, beyond its own dominions, and its own vessels on the high seas. Such a doctrine would give just alarm to all nations, and more than any thing would countenance the imputation of aspiring to an universal empire of the seas. It would be the less admissible too, as it would be applicable to times of peace as well as to times of war, and to property as well as to persons. If the law of allegiance, which is a municipal law, be in force at all on the high seas, on board foreign vessels, it be so at all times there, as it is within its acknowledged sphere. If the reason alleged for it be good in time of war, namely, that the sovereign has then a right to the service of all his subjects, it must be good at all times, because at all times he has the same right to their service. War is not the only occasion for which he may want their services; nor is external danger the only danger against which their services may be required for his security. Again, if the authority of a municipal law can operate on persons in foreign vessels on the high seas, because within the dominion of their sovereign they would be subject to that law, and are violating that law by being in that situation; how reject the inference that the authority of a municipal law may equally be enforced on board foreign vessels on the high seas, against articles of property exported in violation of such a law or belonging to the country from which it was exported? And thus every commercial regulation, in time of peace too, as well as of war, would be made obligatory on foreigners and their vessels, not only whilst within the dominion of the sovereign making the regulation, but in every sea, and at every instance where an armed vessel might meet with them. Another inference deserves attention. If the subjects of one sovereign may be taken by force from the vessels of another, on the high seas, the
right of taking them, when found, implies the right of searching, for them, a vexation of commerce, especially in time of peace, which has not yet been attempted, and which, for that as well as other reasons, may be regarded as contradicting the principle from which it would flow.
Taking reason and justice for the tests of this practice, it is peculiarly indefensible; because it deprives the dearest rights of persons, of a regular trial, to which the most inconsiderable article of property captured on the high seas, is entitled; and leaves their destiny to the will of an officer, sometimes cruel, often ignorant, and generally interested by his want of mariners, in his own decision. Whenever property found in a neutral vessel is supposed to be liable on any grounds to capture and condemnation, the rule in all cases is, that the question shall not be decided by the captor, but be carried before a legal tribunal, where a regular trial may be had, and where the captor himself is liable to damages for an abuse of his power.
Can it be reasonable then or just, that a belligerent commander who is thus restricted and thus responsible in a case of mere property of trivial amount, should be permitted, without recurring to any tribunal whatever, to examine the crew of a neutral vessel, to decide the important question of their respective allegiances, and to carry that decision into instant execution by forcing every individual he may choose, into a service abhorrent to his feelings; cutting him off from his most tender connexion, exposing his mind and his person to the most humiliating discipline, and his life itself to the greatest dangers? Reason, justice and humanity unite in protesting against so extravagant a proceeding. And what is the pretext for it? It is that the similarity of language and of features, between American citizens and British subjects, are such as not easily to be distinguished; and that without this arbitrary and summary authority to make the distinction, British subjects would escape under the name of American citizens, from the duty which they owe to their sovereign. Is then the difficulty of distinguishing a mariner of one country from the mariner of the other and the importance of his services, a good plea for referring the question whether he belongs to one or to the other, to an arbitrary decision on the spot, by an interested and irresponsible officer? In all other cases, the difficulty and the importance of questions are considered as reasons for requiring greater care and formality in investigating them, and greater security for a right decision on them. To say that precautions of this sort are incompatible with the object, is to admit that the object is unjustifiable, since the only means by which it can be pursued are such as cannot be justified.
The evil takes a deeper die when viewed in its practice as well as its principles. Were it allowable that British subjects should be taken out of American vessels on the high seas, it might at least be required that the proof of their allegiance should be on the British side. This obvious and just rule is however reversed, and every seaman on board, tho' going from an American port and sailing under the American flag, and some times even speaking an idiom proving him not to be a British subject, is presumed to be such, unless shown to be an American citizen. It may safely be affirmed that this is an outrage and an indignity which has no precedent, and which Great Britain would be among the last nations in the world to suffer if offered to her own subjects, and her own flag. Nor is it always against the right of presumption alone, which is in favour of the citizenship corresponding with the flag, that the violence is committed. Not unfrequently it takes place in defiance of the most positive proof, certified in due form by an American officer. Let it not be said that in granting to American seamen this protection for their rights as such, the point is yielded that the proof lies on the American side, and that the want of it in the prescribed form justifies the inference that the seaman is not of American allegiance. It is distinctly understood, that the certificate usually called a protection to American seamen, is not meant to protect them under their own, or even any other neutral flag on the high seas. We can never admit, that in such a situation, any other protection is required for them than the neutral flag itself on the high seas. The document is given to prove their real character, in situations to which neither the law of nations nor the law of their own country are applicable. In other words to protect them within the jurisdiction of the British nation for this petition to me 'our honourable' as I wished it to remain there in the continual view and contemplation of the house. Standing in the situation he had the honour to fill, he trusted at the house would do him the justice to believe, felt as sincerely for the distresses of which that petition complained, as any of the petitioners who had signed it; and if such a measure as that which he petitioners sought, could of itself abstractedly reduce permanently and securely, the remedy desired, there could be but one opinion on the propriety of seeking it, as the greatest blessing. He would say for himself and his colleagues, that as it would be their first duty, so it would be their highest satisfaction to promote an object so truly desirable. But although he was ready to concede to the friends of the petition that war must unavoidably, its consequences, occasion distress and embarrassment, when the dates and places of the importation, demonstrated the impossibility of their knowing, in time to provide the proof, that a state of war had rendered it necessary.
Whether, therefore, we consult the law of nations, the tenor of treaties or the dictates of reason and justice, no warrant, no pretext can be found by the British practice of making impressment from American vessels on the high seas. Great Britain has the less to say in excuse for
this practice, as it is in direct contradiction to the principles on which she proceeds in other cases. Whilst she claims and seizes on the high seas, her own subjects voluntarily serving in American vessels, she has constantly given, when she could give as a reason for not discharging from her service American citizens that they had voluntarily engaged in it. Nay more, whilst she impresses her own subjects from the American service, although they may have been settled and married and even naturalized in the United States, she constantly refuses to release from hers, American citizens impressed into it whenever she can give for a reason that they were either settled or married within her dominions. Thus, when the voluntary consent of the individual favours her pretensions, she pleads the validity of that consent. When the voluntary consent of the individual stands in the way of her pretensions, it goes for nothing! When marriage or residence can be pleaded in her favour, she avails herself of the plea. When marriage and residence and even naturalization are against her, no respect whatever is paid to either! She takes by force her own subjects voluntarily serving in our vessels. She keeps by force American citizens involuntarily serving in hers. More flagrant inconsistencies cannot be imagined.
Notwithstanding the powerful motives which ought to be felt by the British government to relinquish a practice which exposes it to so many reproaches, it is foreseen that objections of different sorts will be pressed on you. You will be told first of the great number of British seamen in the American trade, and of the necessity for their services in time of war and danger. Secondly, of the right and the prejudice of the British nation with respect to what are called the British or narrow seas, where its dominion would be abandoned by the general stipulation required. Thirdly, of the ore which would be made of such a sanctuary as that of American vessels for desertions and traitorous communications to her enemies, especially across the channel to France.
1st. With respect to the British seamen serving in our trade, it may be remarked first, that the number, though considerable, is probably less than may be supposed. Secondly, that what is wrong in itself cannot be made right by considerations of expediency or advantage. Thirdly, that it is proved by the fact, that the number of real British subjects gained by the practice in question, is of inconsiderable importance, even in the scale of advantage. The annexed report to congress on the subject of impressments, with the addition of such cases as may be in the hands of Mr. Erving, will verify the remark in its application to the present war. The statement made by his predecessor during the last war, and which is also annexed, is in the same view still more conclusive. The statement comprehends not only all the applications made by him in the first instance, for the liberation of impressed seamen, between the month of June, 1797, and September, 1801, but many also which had been made previous to this agency by Mr. Pinckney and Mr. King, and which it was necessary for him to renew. These applications therefore may fairly be considered as embracing the greater part of the period of the war; and as applications are known to be pretty indiscriminately made, they may further be considered as embracing, if not the whole, the far greater part of the impressments, those of British subjects as well as others. Yet the result exhibits 2,059 cases only, and of this number, 102 seamen only detained as being British subjects, which is less than 1-20 of the number impressed, and 1142 discharged or ordered to be so, as not being British subjects, which is more than half of the whole number, leaving 805 for further proof, with the strongest presumption that the greater part, if not the whole, were Americans or other aliens, whose proof of citizenship had been lost or destroyed, or whose situation would account for the difficulties and delays in producing it. So that it is certain, that for all the British seamen gained by this violent proceeding, more than an equal number who were not so, were the victims. It is highly probable that for every British seaman so gained, a number of others not less than ten for one must have been the victims, and it is even possible that this number may have exceeded the proportion of twenty to one.
It cannot therefore be doubted, that the acquisition of British seamen by these impressments, whatever may be its advantage, is lost in the wrong done to the Americans, ignorantly or wilfully mistaken or British subjects; in the jealousy and ill will excited among all maritime nations by an adherence to such a practice; and in the particular provocation to measures of redress on the part of the United States, not less disagreeable to them than embarrassing to Great Britain, and which may threaten the good understanding which ought to be faithfully cultivated by both. The copy of a bill brought into congress under the influence of violations committed on our flag, gives force to this latter consideration. Whether it will pass into a law, and at the present session, is more than yet can be said. As there is every reason to believe that it has been proposed with reluctance, it will probably not be pursued into effect, if any hope can be supported, of a remedy by an amicable arrangement between the two nations. But such is the feeling through this country, produced by the reiterated and atrocious cases of impressments and other insults on our flag, that a remedy of some kind will ere long be called for in a tone not to be disregarded. A copy of the bill referred to is herewith inclosed.
There is a further consideration which ought to have weight in this question. Although the British seamen employed in carrying on American commerce, be in some respects lost to their own nation, yet such is the intimate and extensive con-
nexion of this commerce, direct and circuitous with the commerce, the manufactures, the revenue and the general resources of the British nation, that in other respects, its mariners on board American vessels may truly be said to be rendering it the most valuable services. It would not be extravagant to make it a question, whether Great Britain would not suffer more by withdrawing her seamen from the merchant vessels of the United States, than her enemies would suffer from the addition of them to the crews of her ships of war and cruisers.
Should any difficulty be started concerning seamen born within the British dominions, and naturalized by the United States since the treaty of 1783, you may remove it by observing, first, that very few if any such naturalizations can take place, the law here requiring a preparatory residence of five years, with notice of the intention to become a citizen entered of record two years before the last necessary formality, besides a regular proof of good moral character, conditions little likely to be complied with by ordinary seafaring persons. Secondly, that a discontinuance of impressments on the high seas will preclude an actual collision between the interfering claims. Within the jurisdiction of each nation, and in their respective vessels on the high seas, each will enforce the allegiance which it claims. In other situations, the individuals doubly claimed will be within a justification independent of both nations.
2d. The British pretensions to maintain over the narrow seas are so obsolete, and so indefensible, that they never would have occurred as a probable objection in this case, if they had not actually frustrated an arrangement settled by Mr. King with the British ministry, on the subject of impressments from American vessels on the high seas. At the moment when the articles were expected to be signed, an exception of the "narrow seas" was urged and insisted on by lord St. Vincent, and being utterly inadmissible on our part, the negotiation was abandoned. Mr. King seems to be of opinion, however, that with more time than was left him for the experiment, the objection might have been overcome. This is not improbable, if the objection was not merely an expedient for evading a relinquishment of a favourite practice.
The objection in itself has certainly not the slightest foundation. The time has been indeed, when England not only claimed but exercised pretensions scarcely interior to full sovereignty over the seas surrounding the British isles, and even as far as Cape Finistere to the south, and Vastaten in Norway, to the north. It was a time however, when reason had little share in determining the law & the intercourse of nations; when power alone decided questions of right; & when the ignorance and want of concert principles among other maritime countries facilitated such an usurpation. The progress of civilization and information has produced a change in all those respects, and no principle in the code of publick law, is at present better established, than the common freedom of the seas, beyond a very limited distance from the territories washed by them. This distance is not indeed fixed with absolute precision. It is varied in a small degree by written authorities; and perhaps it may be reasonably varied, in some degree, by local peculiarities. But the greatest distance which would now be listened to any where, would make a small proportion of the narrowest part of the narrowest seas in question.
What are in fact the prerogatives claimed and exercised by Great Britain over these seas? If they were really a part of her domain, her authority would be the same there as within her other dominions. Foreign vessels would be subject to all the laws and regulations framed for them, as much as if they were within the harbours or rivers of the country. Nothing of this sort is pretended. Nothing of this sort would be tolerated. The only instances in which these seas are distinguished from other seas, or in which Great Britain enjoys within them any distinction over other nations, are first, the compliment paid by other flags to hers; secondly, the extension of her territorial jurisdiction in certain cases to the distance of four leagues from the coast. The first is a relick of ancient usurpation, which has thus long escaped the correction, which modern and more enlightened times have applied to other usurpations. The prerogative has been often contested however, even at the expence of bloody wars, and is still borne with ill will and impatience by her neighbours. At the last treaty of peace at Amiens, the abolition of it was repeatedly and strongly pressed by France, and it is not improbable that at no remote day it will follow the fate of the title of 'King of France' so long worn by the British monarchs, and at length so properly sacrificed to the lessons of a magnanimous wisdom. As far as this homage to the British flag has any foundation at present, it rests merely on long usage and long acquiescence, which are construed, as in a few other cases of maritime claims, into the effect of a general though tacit convention. The second instance is the extension of the territorial jurisdiction to four leagues from the shore. This too, as far as the distance may exceed that which is generally allowed, rests on a like foundation, strengthened perhaps by the local facility of smuggling, and the peculiar interest which Great Britain has in preventing a practice affecting so deeply her whole system of revenue, commerce and manufactures, against the limitation itself to four leagues necessarily implies that, beyond that distance no territorial jurisdiction is assumed.
But whatever may be the origin or the value of these prerogatives over foreign flags in one case, and within a limited portion of these seas in another, it is obvious that neither of them will be violated by the exemption of American vessels from impressments, which are no wise connected with either,

having never been made on the pretext either of withholding the wonted homage to the British flag, or of smuggling in defiance of British laws.
This extension of the British law to four leagues from the shore is inferred from an act of parliament passed in the year 1736, (9 G. 2 C. 35) the terms of which comprehend all vessels, foreign as well as British. It is possible, however, that the former are constructively excepted. Should your inquiries ascertain this to be the case, you will find yourself on better ground than the concession here made.
With respect to the compliment paid to the British flag, it is also possible that more is here conceded than you may find to be necessary. After the peace of 1783, this compliment was peremptorily withheld by France, in spite of the remonstrances of G. Britain; and it remains for your inquiry, whether it did not continue to be refused, notwithstanding the failure at Amiens to obtain from Great Britain a formal renunciation of the claim.
From every view of the subject it is reasonable to expect, that the exception of the narrow seas, from the stipulation against impressments, will not be inflexibly maintained. Should it be so, your negotiation will be at an end. The truth is, that so great a proportion of our trade direct and circuitous passes through those channels, and such is its peculiar exposure in them to the wrong practiced that with such an exception, any remedy would be very partial. And we can never consent to purchase a partial remedy by confirming a general evil, and by subjecting ourselves to our own reproaches, as well as to those of other nations.
3d. It appears as well by a letter from Mr. Thornton, in answer to one from me, of both which copies are inclosed, as from conversations with Mr. Merry, that the facility which would be given, particularly in the British channel, by the immunity claimed for American vessels, escape of traitors, and the desertion of others whose services in time of war may be particularly important to an enemy, forms one of the pleas for the British practice of examining American crews, and will be one of the objections to a formal relinquishment of it.
This plea, like all the others, admits a solid & satisfactory reply. In the first place, if it could prevail at all against the neutral claim, it would authorise the seizure of the persons described only, and in vessels bound to a hostile country only; whereas the practice of impressing is applied to persons few if any of whom are alleged to be either description, and to vessels wheresoever bound, even to G. Britain herself. In the next place, it is not only a preference of a smaller object on one side to a greater object on the other; but a sacrifice of right on one side, to expediency on the other side.
Considering, nevertheless, the possible adherence of the British government to this last objection, and the extreme importance to our sea-faring citizens and commerce, of a stipulation suppressing a practice flagrant in its nature, and still more so in the abuses inseparable from it, you are left at liberty to concur, if necessary, in the modification as it stands in the second column. You will observe that this guards, in all cases, the crews of our vessels from being meddled with; and in referring for an exception to the immunity on board our vessels to the law of nations, yields no principle maintained by the United States; inasmuch as the reference will be satisfied by the acknowledged exception of enemies in military service. Should persons therefore, other than such, be taken under pretext of the law of nations, the United States will be free to contest the proceeding, and there is the less difficulty in leaving the stipulation on this footing, as the case may never happen, and will be pretty sure to happen but rarely. You will observe also, that in the passage from one port to another of the respective countries, the vessels of the neutral parties are to protect all persons without exception. Independently of the general principle asserted by the United States, this respect is due to the peculiar character of the coasting trade, and the utter improbability that it will at any time be a vehicle to persons of any obnoxious description.
On Article II. The reasonableness of this article is manifest. Citizens or subjects of one country residing in another, though bound by their temporary allegiance to many common duties, can never be rightfully forced into military service, particularly external service, nor be restrained from leaving their residence when they please. The law of nations protects them against both, and the violation of this law by the avowed impressment of American citizens residing in Great Britain, may be pressed with the greater force on the British government, as it is in direct inconsistency with her impressment of her own subjects bound by much stronger ties to the United States, as above explained, as well as with the spirit of her commercial laws and policy, by which foreigners are invited to a residence. The liberation of the persons comprehended by this article, therefore, cannot be justly or honourably refused, and the provision for their recompence and their return home, is equally due to the service rendered by, and the wrong done to them.
On article III. This regulation is conformable to the law of nations, and to the tenor of all treaties which define the belligerent claim of visiting and searching neutral vessels. No treaty can be cited in which the practice of compelling the neutral vessels to send its boat, its officers its people or its papers, to the belligerent vessel, is authorized. British treaties, as well as those to which she is not a party, in every instance where a regulation of the claim is undertaken, co-incident with the article here proposed. The article is in fact almost a transcript of the article of the treaty of 1786 between Great Britain and France.
The regulation is founded in the best reasons. 1st. it is sufficient for the neutral that he acquiesces in the interruption of his voyage, and the trouble of the examination, imposed by the belligerent commander. To require a positive and active co-operation on his part in behalf of the latter, is more than can be justified on any principle. 2d. The belligerent party can always send more conveniently to the neutral vessel, than this can send to the belligerent vessel, having neither such fit boats for the purpose, especially in a rough sea, nor being so abundantly manned. 3d. This last consideration is enforced by the numerous and cruel abuses committed in the practice of requiring the neutral vessel to send to the belligerent. As an example you will find in the documents now transmitted, a case where neither the smallness and leakiness of the boat, nor the boisterous state of the weather, nor the pathetic remonstrances of the neutral commander, had any effect on the imperious injunctions of the belli-
gerent, and where the task was performed at the manifest peril of the boat, the papers, and the lives of the people. The limitation of the number to be sent on board the neutral vessel is a reasonable and usual precaution against the danger of insults and pillage.
On article IV. This enumeration of contraband articles is copied from the treaty of 1781 between Great Britain and Russia. It is sufficiently limited and that treaty is an authority more likely than any other to be respected by the British government. The sequel of the article, which protects the productions of a hostile colony converted into neutral property, is taken from the same model, with the addition of the terms "in any case or on any pretext." This addition is meant to embrace more explicitly, our right to trade freely with the colonies at war with Great Britain, and between them and all parts of the world, in colonial productions, being at the time not enemy's, but neutral property; a trade equally legitimate in itself with that between neutral countries directly, and in their respective vessels and such colonies, which her regulations do not contest.
In support of this right, in opposition to the British doctrine, that a trade not allowed by a nation in time of peace, cannot be opened to neutrals in time of war, it may be urged, that all nations are in the practice of varying more or less in time of war, their commercial laws, from the state of these laws in time of peace; a practice agreeable to reason as well as favourable to neutral nations; that the change may be made in time of war, on considerations not incident to a state of war, but on such as are known to have the same effect in time of peace; that Great Britain herself is in the regular practice of changing her navigation and commercial laws, in time of war, particularly in relation to a neutral intercourse with her colonies; that at this time she admits a trade between neutral countries and the colonies of her enemies, when carried on directly between them, or between the former and herself, interrupting only a direct trade between such colonies and their parent state, and between them and countries in Europe, other than those to which the neutral trade may respectively belong; that as she does not contest the right of neutrals to trade with hostile colonies, within these limitations, the trade can be, and actually is carried on indirectly between such colonies and all countries, even those to which the colonies belong; and, consequently, that the effect of her doctrine and her practice, is not to deprive her enemy of their colonial trade, but merely to lessen the value of it in proportion to the charges incident to the circuitous course into which it is forced, an advantage to her which if just in itself, would not be sufficient to balance the impolitic vexations accruing to neutral and friendly nations.
These views of the subject have entered into my conversations with Mr. Merry. He expresses, notwithstanding, a belief that Great Britain would turn an unfavourable ear to any proposition calculated to give her enemies the resources of their colonial trade, beyond the degree in which her present regulations permit. This is doubtless to be apprehended, but considering the proposition as an article which may find a balance in the general bargain, it may not be inadmissible; or if inadmissible in the extent proposed, a middle ground may perhaps be accepted. The colonial trade in question consists of four branches; first, between the colonies and Great Britain herself; secondly, between the colonies and the neutral countries carrying on the trade; thirdly, between the colonies and neutral countries not themselves carrying on the trade; fourthly, between the colonies and the countries to which they belong, or which are parties to the war with Great Britain.
The first and second branches are those with which her own regulation accord. The last is that to which her aversion will of course be the strongest. Should this aversion be unconquerable, let it be tried then, and then only, whether on our yielding, or rather omitting that point, she will not yield to us in return, the direct trade between hostile colonies and neutral countries generally. You will be careful, however, so to modify the compromise as will mark as little as may be, a positive relinquishment of the direct trade between the belligerent nations and their colonies.
Should such a compromise be altogether rejected, you will limit the article to the simple enumeration of contraband, it being desirable that without a very valuable consideration, no precedent should be given by the United States of a stipulated acknowledgment that free ships do not make free goods. And you will omit the article altogether, if a proper list of contraband cannot be agreed on, particularly one that excludes money, provisions and naval stores.
On Article V. This article taken from the convention of 1800, between the United States and France, is conformable to the general practice of prize courts in the latter, and is the more worthy of adoption every where, as it would contribute so much to the consistency and stability of the rules of admiralty proceedings. Without a single objection justly lying against it, it will have the important advantages of being a check on the inferior tribunals, of enabling the superior tribunal where a faulty reason appears on the face of the sentence, to correct the wrong without delay or expense, and of being a check moreover on the decision of the superior tribunal itself. As prize causes also are tried by courts not of a third party but of one of the parties interested, it is but reasonable that the ground should be known to the other on which judgment has passed against its citizens or subjects, in order, if deemed proper, that negotiation may be employed for redressing past or guarding against future injustice.
(Mr. Madison's letter to be continued.)
Phoenix Fire Office. The Subscriber, Agent to the PHOENIX ASSURANCE COMPANY, of London, for the State of Virginia, begs leave to inform the publick, that he is now fully empowered to subscribe Policies of Insurance for property against Fire throughout the United States of America in conformity to the Proposals herewith subjoined. N.B. FORTY THOUSAND DOLLARS can be insured in one risk on Buildings and their contents, and also on Ships and their Cargoes on board, in the First Class, but in all cases where Ten Thousand Dollars are exceeded, a special agreement must be made with the Agent, and an increase of premium added to those mentioned in the proposals, of not less than one eighth per cent. on the whole sum insured. Richard Taylor. September 8. 157
THE PUBLICK LEDGER.
TO SHEW THE VERY AGE AND BODY OF THE TIMES, HIS FORM AND PRESSURE. MONDAY EVENING, APRIL 18, 1808.
TO THE POOR. The Thespian Society have established a Victualling House in Granby-Street, in the house formerly in the occupancy of Mr. Edward S. Waddey, where they will commence the distribution of provisions to the poor of the Borough on Saturday next the 24th inst. from 10 to 1 o'clock. All applications must be made before Friday to any of the committee who will give a ticket to the attendant. No person will be supplied without a ticket, nor will one be granted after Thursday.
JOHN MYERS, JACOB KLEIN, J. C. MAIGNE, G. W. CAMP, JOHN HODGES, } Committee. April 18, 1808.
We have this day commenced Mr. Madison's observations on the plan of a Convention between the United States and Great Britain (published in the Ledger of this day week) by way of instructions to Mr. Monroe.
This is a highly interesting document, and is deserving serious attention, as necessary to forming a correct opinion upon the treaty afterwards concluded, and which we also published at the same time that we published the plan of convention—these observations or instructions will also shew the temper and disposition with which the cabinet at Washington negotiated. We do not propose at this time to examine all the parts of these instructions—but we cannot pass over that part, which instructs Mr. Monroe to urge the principle "that free ships should make free goods."
This proposition must have been very ill received on the part of Great Britain, particularly when the direct effects (if not the intention) were to relieve France and her dependencies from the pressure of the maritime superiority of England. It would naturally astonish the British negotiators, to find our government pressing this principle at a time when its admission was more objectionable than at any former period.
It was not unknown to the British government, that the government of the United States had in a solemn manner declared to the world that "by the general law of nations, the goods of an enemy found in the vessel of a friend, are lawful prize." The reader may find the remark quoted in Mr. Jefferson's celebrated correspondence with Genet and with Mr. Morris the American minister at Paris, at that time. In that correspondence Mr. Jefferson combats Genet's ridiculous pretension that "free ships should make free goods," with great ability. It can also be shown that France herself by various edicts for one hundred years back, and down to the year 1798, rejects this principle that free ships should make free goods.
In another part of these instructions Mr. Madison says: "Whenever property found in a neutral vessel is supposed to be liable on any grounds to capture and condemnation, the rule in all cases is, that the question shall not be decided by the captor, but be carried before a legal tribunal, where a regular trial may be had, and where the captor himself is liable to damages for an abuse of his power."
Now we should like to hear, what those who have vindicated, or attempted to palliate the conduct of France in burning and destroying American ships on the high seas, without trial, will say to this authority—and we should like to hear what our government will say.
Massachusetts Election for Governor. GORE, Federal, SULLIVAN, Democrat. In 97 towns that have voted, 15455 15992 In addition to which, the United States Gazette states, the votes of the county of Hampshire,* 4205 1683 19660 17675 * In 1807, this county voted Federal 3955, democratick 1815.
An Act authorising a detachment from the Militia of the United States.
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the President of the United States be, and he is hereby authorized, at such times as he shall deem necessary, to require, of the executives of the several states and territories to take effectual measures to organize, arm, and equip,
according to law, and hold in readiness to march at a moment's warning, their respective proportions of one hundred thousand militia, officers included, to be apportioned by the president of the United States from the latest militia returns in the department of war, and in cases where such returns have not been made by such other data as he shall judge equitable.
Sec. 2. And be it further enacted, That the executives of the several states and territories may accept, as part of the said detachment, any corps of volunteers who shall engage to continue in service six months after they arrive at the place of rendezvous.
Sec. 3. And be it further enacted, That the detachment of militia and volunteers aforesaid, shall be officered out of the present militia officers, or others, at the option and discretion of the constitutional authority in the respective states and territories, the president apportioning the general officers among the respective states and territories as he may deem proper.
Sec. 4. And be it further enacted, That the said detachments shall not be compelled to serve a longer time than six months after they arrive at the place of rendezvous, and that during the time of their service, they shall be entitled to the same pay, rations, and allowance for cloathing as are established by law for the army of the United States.
Sec. 5. And be it further enacted, That the president of the United States be and he is hereby authorised to call into actual service any of the whole of the said detachment, when he shall judge that the exigencies of the United States require it; and, if a part only of said detachment shall be called into actual service, they shall be taken from such part thereof as the president of the United States shall deem proper.
Sec. 6. And be it further enacted, That a sum not exceeding one million of dollars be, and the same is hereby appropriated, out of any monies in the treasury, not otherwise appropriated, for the pay, subsistence, and support of such part of said detachment as may be called into actual service.
Sec. 7. And be it further enacted, That this act shall continue and be in force for the term of two years from the passing thereof and no longer.
J. B. VARNUM, Speaker of the House of Representatives. GEO. CLINTON, Vice President of the United States, and President of the Senate.
March 30, 1808. APPROVED, TH: JEFFERSON. BOSTON, April 6.
Accounts from the Mediterranean state, that the Rochfort squadron, after reaching Toulon, had joined the squadron lying there, and had both, making 17 men of war, sailed on a cruise. Destination unknown. The English have a force of 16 sail of the line, under admirals Collingwood and Strachan.
Capt. Hammond, arrived here yesterday, from Liverpool, saw a vessel on fire, March 5, in lat. 47, long. 28, 11. This must be one more American victim to French conflagrating friendship and a-mity.
NEW-YORK, April 9. Admiral Graves and Son, who arrived lately at Newport in the ship George and Mary, from Falmouth, reached this city yesterday in the packet Aurora, Cahoon, on their route to Washington and Charleston. The admiral informs us that the ships Octavia, Collins, and another ship name not recollected, both from Charleston for London, with cargoes of cotton and rice, have been sent into Calais, where the vessels and cargoes were condemned and the crews imprisoned. The ship Otis, of New-York, and several other American vessels, remained at Falmouth on the 29th February, an American ship had just arrived there from the Mediterranean.
WASHINGTON, April 11. Considerable solicitude has for some time existed to learn the issue of the trial of Commodore Barron at Norfolk. We understand that the documents and proceedings on this occasion are so very voluminous as not to have been yet forwarded to the Secretary of the Navy.
We are authorized to state that the remarks made by Daniel Bedinger late Naval Agent at Norfolk, in his pamphlet, lately published, respecting a correspondence between him and the Accountant of the navy, are calculated to convey an impression foreign to the truth. From his remarks it might be supposed that in the correspondence he alludes to, he had obtained a complete victory, and that the accountant has yielded—or discontinued his "dishonest efforts" to wrong him out of money so justly paid on publick account; when the facts are directly the reverse. In the adjustment of his accounts many errors were discovered, some few items rejected, and others suspended, not being supported by such vouchers as were deemed requisite, of which Mr. B. was informed, and at which he thought proper to take high dudgeon, and indulge himself in a strain of indecorous invective. Some of his letters were replied to—others were treated with silent contempt, and eventually he relinquished some of his pretensions, and in support of others, he forwarded additional vouchers, proofs and explanations, such as were deemed satisfactory, and such as it is evident were at all times in his power.
We are authorized also to say, that the documents in the possession of the Accountant of the Navy will shew that this statement is correct, and that they will with great cheerfulness be shown by that officer to any person desirous of being correctly informed, and who will be at the trouble of calling at his office.
[Mr. B. has in his pamphlet invited a similar investigation of his correspondence and accounts.]
April 13. Mr. Hillhouse yesterday laid before the Senate sundry propositions of amendment to the constitution of the United States materially altering the organization of the Executive and Legislative departments, by which the representatives are to be elected annual y, the senators triennially, and the president to be every three years taken from the senators ylo. The length of these propositions obliges us to defer them until our next.
* Obituary of Phoebe Dana - died 17 Apr 1808 - in 47 year of age - cut out - in Massachusett in Norfolk, Va

CASE OF JOHN SMITH.
FRIDAY, APRIL 8.
A short conversation arose on the course of proceeding, some diversity of opinion existing as to the propriety deciding on the report generally, or on the resolution of expulsion with which it concludes.
When on motion of Mr. Franklin, it was agreed, without a division, to proceed to the consideration of the resolution.
A message was received from the president, in consequence of the resolution adopted yesterday, laying various papers before the Senate.
Mr. Adams then addressed the senate in a speech of about three hours length; in the course of which he vindicated the course pursued in this case against the objection of unconstitutionality; and then went at considerable length into an examination of the evidence. Abandoning almost entirely the testimony of Glover and McFarland, and insisting but lightly on that of the other deponents, he rested his argument principally on the letters, declarations and acknowledgments of Mr. Smith himself; and concluded with expressing his opinion in favour of the resolution of expulsion.
When, on motion of Mr. Giles, the further consideration of the subject was postponed until tomorrow.
Saturday, April 9.
Messrs. Anderson, Crawford, and Adams, spoke in favour of the resolution of expulsion; and Messrs. Hillhouse, Giles, and Pope against it; when the question was taken by yeas and nays—yeas 19—nays 10.—Ayes, Messrs. Adams, Anderson, Condit, Cranford, Franklin, Gaillard, Gilliam, Gregg, Kitchel, Mackay, Mathewson, Milledge, Moore, Robinson, Smith, (Md.) Smith, (Tenn.) Sumter, Tiffin, Turner, 19.—Nays, Messrs. Giles, Goodrich, Hillhouse, Howland, Pickering, Pope, Reed, Smith, (N. Y.) Thurston, White, 10.
The constitution requiring the concurrence of two thirds to expel a member, the resolution is to be considered as disagreed to.
FROM LONDON PAPERS.
HOUSE OF COMMONS, Feb. 19.
The Chancellor of the Exchequer gave notice of a motion for Monday, for leave to bring in a bill to prohibit the exportation of cotton, wool and bark from this country. A measure which he was well warranted to believe, from the communications of persons the most likely to be well informed on the subject, would be more satisfactory to the government of America than even another bill in its progress through the house, as well as better calculated to carry into effect the object of the order in council, by increasing upon the manufactures of the enemy and his allies the pressure which he attempted to impose upon this country. This he proposed to do by imposing a duty of 9d. per pound upon all cotton wool to be exported from this country, including not only cotton the produce of British colonies in the East and West Indies, but all imported from America, or elsewhere. The necessary consequence of this regulation, as a measure of war, added to the other means of preventing the supply of cotton to the manufactures of France, and of the countries in its alliance, must be not only to increase upon other countries the pressure of their own conduct towards this, but to create a most favourable diversion in favour of the manufactures of this country; and as her European dependencies must needs have cotton manufactures, they must be driven to seek a supply from the markets of this country, not only at a price which must preclude them from all chance of competition with British manufactures, in all other markets, but oblige them to contribute very considerably to our revenue in support of the war. Besides this, it would open to America a medium for the disposal of her cotton, exempt from all risks of capture under the restrictions of the order in council; and without leaving her any ground of jealousy, seeing that we placed the produce of our own colonies on precisely the same footing. Besides, if the supply of France and her allies was left liable only to risk by capture, it would be evaded by insurance, a great part, or perhaps the whole of which would be underwritten in this country, and consequently, what we gained in one way, the country would lose in another.
Sir Francis Baring was adverse to the taxation of British colonial produce in the way proposed, and still more adverse to placing the cotton of America upon the same footing in our own markets, which would have the effect of enriching the soil of America with the fat of our land. Besides the measure, so far from conciliating the good opinion and acquiescence of America, would have a double operation the contrary way; for her acceding to the principle, in preference to the risk of capture by our cruisers, with the opportunities her merchants would have of securing themselves by insurance, would have the effect of increasing against her the rancour of France, and depriving her, as neutral, of all the advantages she could derive from trade with the continent of Europe. It would also operate to the deterioration of her market in this country, by securing to England a monopoly of her cotton which would shut our market more especially under the operation of the export duty amounting to prohibition, and deprive her of all advantage from the competition of other markets in Europe. Besides, it must not be forgotten that cotton manufactures have been some time established in some parts of America, and particularly in New-England, which were already in a very flourishing state. The necessary consequence of the proposed measure would be, then, to excite the jealousy and disgust of America, whose infant manufactures would be immediately induced to claim the support and protection of the legislature. Such a country, with the raw material produced on her own soil, might with such protection and encouragement, soon acquire a pitch of perfection in her manufactures, that would speedily outweigh that predilection now entertained for the manufactures of this country, which it might be impossible for the repeal of such an act to restore; great caution, therefore, should be exercised, lest this measure of temporary and speculative policy should entail a permanent and incalculable mischief.
The Chancellor of the Exchequer regretted the opinion coming from an honourable Baronet, whose good sense and extensive commercial experience certainly qualified him to form a sound opinion upon the subject; but still the worthy Baronet must allow it was a measure of retaliation against the enemy, likely to be the least objectionable with the only neutral power whose interests were to be affected by the orders in council; while it would effectually turn the policy of the French ruler against himself, by checking at once the progress of his rampant manufactures, or enabling him and his allies to continue their manufactures only by contributing largely to the revenues of this country in support of the war, and in a way, too, that must secure decided and permanent advantages to the British manufacturer; because it must so load with imposts the manufactures of France and her allies, as to preclude all possible chance of their obtaining a preference in the markets of America, or any other country.
Mr. Ponsonby wished to understand the right honourable gentleman clearly as to the extent to which he meant to carry his principle of retaliation, and whether he meant to copy France in carrying the prohibition as well to French produce as French manufactures—to French wines, for instance?
The Chancellor of the Exchequer answered in the affirmative.
Mr. Ponsonby then observed, that French wines were so much in consumption with the wealthier orders in America, as to become almost a necessary of life, he thought nothing would tend more to exasperate them against this country, than to make them feel this article of their daily consumption enhanced by the imposition of British tax, amounting almost to prohibition. He should, however, reserve his further observations on this subject till a future opportunity.
ORDERS IN COUNCIL.
The House being resumed—The Chancellor of the Exchequer moved the order of the day for going into a committee upon the bill for carrying into effect the late orders in council. He promised, however, that as he purposed to introduce several alterations in the bill, and to an extent greater than he was at first prepared to expect, he should propose the committee now only pro forma, in order to move the alterations; the bill then to be printed; and when it should thus be shaped in a more perfect form, it might either undergo any further discussion thought necessary on the report, or be recommitted, if the house should deem it expedient. The alterations he proposed to introduce were, 1st, To do away all the duties already required from neutral vessels clearing from British ports by bond, which might afterwards be sanctioned by law: 2dly, All cargoes of ships warehoused in this country for exportation, and which were shipped from their respective ports before notice could be supposed to have reached these ports of the orders in council, and also to the cargoes of all ships in the like predicament.
LONDON, February 20
Yesterday, a meeting was held of the St. Domingo merchants, to receive the report of the deputation which had conferred with the chancellor of the exchequer, respecting the new duties to be levied upon St. Domingo produce. The minister has acceded to the wishes of the merchants to a considerable extent. Those cargoes are to be exempt from the new duties which were or may be, shipped in vessels that sailed from England prior to the 11th of November last. Also those cargoes which have been already, or which may be, received in exchange for British manufactures.
It has been intimated to some leading American mercantile houses in this city, that ministers do not intend to propose to parliament that any additional duties shall be laid on the cargoes of such vessels as may have been warned into the British ports. Such cargoes will consequently be permitted to be landed and warehoused, with liberty to resh them the same, without any additional duty, to any port or place to which the proprietors of such cargoes may think proper to consign the same—cottons, however are excepted.
February 22.
PETITION FOR PEACE
Colonel Stanley presented a petition, signed by certain residents of the town of Bolton, Lancashire, praying—
'The house to address his majesty, humbly beseeching him to leave no means untried, consistent with the honour and dignity of his crown, and the welfare of his kingdom, to restore to his faithful subjects the blessings of peace. The petitioners added, that they were urged to this petition by the consequences of a war, which has shut their manufactures from the Continent of Europe, whereby thousands of the petitioners, ingenious and industrious artisans, are deprived of employment, and the wages of others so lessened, as to bring the greatest distress upon themselves and their families, numbers of whom were ther by rendered destitute of the necessaries of life. They farther state, that their distresses only, and not any dread of the enemy, had induced them to petition for peace; for, should the enemy persist in demanding unreasonable terms, there were no privations which they were not ready to suffer, rather than urge the conclusion of any peace derogatory to the honour and happiness of their king and country.'
The petition having been read, col. Stanley moved that it do lie on the table.
Mr. Secretary Canning immediately rose and said, that so far was he from giving any opposition to the motion for this petition to lie on the table, that he wished it to remain there in the continual view and contemplation of the house. Standing in the situation he had the honour to fill, he trusted that the house would do him the justice to believe, he felt as sincerely for the distresses of which that petition complained, as any of the petitioners who had signed it; and if such a measure as that which the petitioners sought, could of itself abstractedly produce permanently and securely, the remedy desired, there could be but one opinion on the propriety of seeking it, as the greatest blessing. He would say for himself and his colleagues, that as it would be their first duty, so it would be their highest satisfaction to promote an object so truly desirable. But although he was ready to concede to the friends of the petition that war must unavoidably, in its consequences, occasion distress and embarrassments to various classes of industrious persons, and that peace must be extremely desirable to every friend of humanity—yet he felt, that to sue for that peace to the enemy, with whom we were now engaged, founded upon petitions like this, and returned with such terms as he was disposed to demand, would not be the way to obtain the object of the petitioners, namely, a secure, permanent, and honourable peace, such only as could be consistent with the character, the prosperity, and the lasting happiness of this country. He hoped the house and the country would give to his majesty's ministers the credit to which they were fully entitled, for an earnest and anxious wish at all times to restore peace to the country, upon such terms only as it would be desirable or could be permanent. For this object, they had never ceased to wish as earnestly as any class of his majesty's subjects—for this, they were always disposed and ready to treat upon fair and honourable grounds—for this, they had left no means unattended to, nor would they fail to embrace any opportunity that could lead to a consummation so truly to be desired. But, however painful the task of prolonging the war, the highly responsible situation in which they stood, bound them to act to the best of their judgment for the honour and permanent happiness of the country at large, and not precipitately to sacrifice both to the pressure of temporary disadvantages and local embarrassment. This would not be the way to realize the object prayed by the petition, but to disappoint, in the worst possible mode, the prayer of the petitioners.
The petition was ordered to lie on the table. The Chancellor of the Exchequer, in pursuance of the intimation he had given on Friday, moved that the house do resolve itself into a committee, to consider the expediency of prohibiting altogether the exportation of cotton wool, the produce of neutral nations, and Peruvian bark from this country. With respect to the first, he had explained to the house fully his object, when moving the duty of 9d. per pound on all cotton wool exported from this country, which would amount nearly to prohibition. This duty included all cotton wool, both British, colonial, and neutral produce. But as he understood from those best informed upon the subject, that a regulation more agreeable to the feelings of America especially, would be to prohibit altogether the export of cotton, the produce of neutral nations, than affect it in the way of impost, his object now was to move a resolution in the committee to that effect, with a view, however, to reserve to his majesty, in any bill for the purpose, a power of granting licences for such export, in certain cases. And with respect to the article of bark, it was one of the utmost importance to the enemy for the use of his armies, and for which at present the want was extreme and the demand excessive, insomuch that although the market price in this country was but 10s. per pound, the present price in Paris was 70s. Every possible attempt had been made to export it from this country, notwithstanding all prohibitions. Now he conceived one of the best modes of forcing the enemy to abandon the rigour of his decrees, was to increase his distress for an article we possessed in plenty, but which to him was so essential; thereby forcing the admission of other articles of British manufacture along with it, as the condition of its attainments. He accordingly moved, and the house went into the committee. Resolved, that the measures were expedient, and leave was given to bring in a bill. February 24. Orders of Council—The bill now before the house of commons, as amended in the committee, directs that goods warehoused, taken out on payment of home duties, are to be liable to duties notwithstanding the drawbacks. Vessels sailing before times limited in orders of council, are allowed to proceed without payment of duty. Goods imported under licences, dated before 11th November, and cleared out before the periods specified in the act, and warehoused for exportation, are exempt from duty. Goods imported under licence from St. Domingo, since the 11th November, only are chargeable upon exportation with a duty of one half of that upon goods of the like description. Prize goods exported to be chargeable with duties.
Gazette Marine Memoranda.
ARRIVED. Ship Mars, Beach, 60 days from Liverpool, Salt and Crates, Moses Myers.
FERGUSON'S Packet will sail for Baltimore To Morrow. April 18.
By JAMES TAYLOR, Jun. On Friday the 22d instant, at eleven o'clock, at his Office, without reserve, 40 casks London PORTER, 28 barrels Green COFFEE. April 8 2
A Cargo of Liverpool Stoved SALT, For Sale on board the ship Mars. Moses Myers. April 18. tf
NOTICE.
By virtue of a Deed in Trust from John O. Burlemeyer to Von Kapff and Brune, for the purposes therein mentioned, will be sold at Publick Auction on WEDNESDAY, the 20th April, at Southgate and Dixson's wharf, for ready money,
The Sloop MARIA, Burthen 45 tons, and about 7 years old—An inventory may be seen at William B. Lamb's Office. The Trustees. April 11. tds
RAGS.
The EDITOR of this paper in a few publications back, announced that he should be expected to be furnished with prices and samples of LINEN and COTTON RAGS, by the proprietor of a considerable Paper-Mill, to the northward. He has now received those samples and prices, and will give CASH for
Clean Linen and Cotton RAGS,
In quantities not less than twenty-five pounds. Apply at the LEDGER OFFICE. April 11.
Fresh Family FLOUR.
Just Received,
40 barrels fresh Family FLOUR, of the Canonic brand, made from wheat particularly selected for this purpose, and warranted superior to any offered for sale, except of this particular brand. Purchasers are at liberty to return any that does not answer the description. Fisk & Cullett. April 4.
By virtue of a Decree of the Worshipful Court of Princess Anne County, setting as a Court of Chancery, for the County aforesaid, in the cause of JOHN READE, vs. Wm. L. KEELING, and Mary his wife, and ELIZABETH HAYNES, Defendants.
WILL BE SOLD at Publick Sale, to the highest bidder, on THURSDAY the 28th day of April next, on the premises, in the Town of Kempville, in the county aforesaid,
The Lot or Lots of LAND,
with the Houses and appurtenances belonging thereto, having been the former residence of Mr. Wm. White, deceased. This Property is eligibly situated, and the Dwelling-House is large, excellent and commodious, with good out houses, a fine garden and pasture.
The terms of Sale will be Cash, to be paid on the ratification thereof by the Court
William Bishop, William Dale Woodhouse, Thomas Currick, Arthur S. Woodhouse, Charles Sawyer. Com'rs.
March 23. tm
THE STOCKHOLDERS
In the Marine Insurance Company, of Norfolk, are hereby notified that an Election will be held, at the Office of the said Company, on the first day of the next month (May), according to law, for the choice of fifteen Directors, for one year, from the 1st day of May. John Cowley, Sec'y. Office of the Marine Insurance Company, the 11th of April, 1808. idm
BANK STOCK LOST.
LOST Certificates for Ten Shares of VIRGINIA BANK STOCK, standing in the name of Ann and Rebecca Begg. Any person who has, or may find the said certificates, will please to deliver them to the subscriber Wm. G. Camp. lawbw
April 13
FOR CASH ONLY.
GERMAN LINENS, &c.
Table listing various linens and their prices: 16 bales coarse Linen, 4 do Ruffia Sheeting, 3 boxes German Rolls, 2 do Romams Sheeting, 1 do fine Flanders do, 3 do Platislas, 1 do fine Downas, 2 do Table Cloth, 1 do common Shirt Linen, 1 do extra fine do, 1 do Bed Tick 2 yards wide. Prices range from 450 pieces Paper Hangings to 5 boxes Tumblers, Decanters, &c.
Also, 6 elegant Terrestrial Globes, 1 pair large Looking Glasses, in gilt frames, of the first elegance, Elegant marble Statues, Urns and Vases, Liquor Casks, Oil Cloth, Wafer and Waffle Irons, Coffee Mills and Toasters, Velvet Ribbons, Fine Thread Stockings, Elegant Cutlery, An invoice of Watches, Watch Crystals and Beads. A large invoice of Lace, Jewellery and Dice, Elegant Chessmen, Bracelets and Clarinets, Violins, Horns, and Flutes, with four and six keys, do patent lined, Ladies' Dressing Boxes, Toilet Looking Glasses, Shaving Casks, Elegant Writing Desks, Scarlet Plush for Saddles, Seine and Sewing Twine. For Sale by Niemeyer & Von Kapff. February 4. tf
6000 bushels St. Ubes SALT—afloat.
IN STORE, 35 puncheons 3d and 4th proof Antigua Rum, 10 hogsheads Sugar, principally Antigua, 4,000 wt. Green Coffee; 850 Demijohns, 7,500 bushels coarse Salt; 100 barrels Rye Whiskey, 3 tierces London Brown Stout, 20 hogsheads Philadelphia Ale and Porter, 150 barrels superfine and fine Flour; 40 kegs fresh Raisins, 10 pipes London particular Madeira Wine, fit for use, 600 ready made Check Shirts. 20 hds. Petersburg Tobacco, 40 barrels Pork; 100 barrels Sugar; a few cases Hermitage. For Sale on liberal terms by C. & F. Whittle. February 5. tf
THE STOCKHOLDERS
In the Dismal Swamp Canal Company, are required to meet at the Taverne opposite the Market-House, on Monday, the 21st day of May next, at 12 o'clock, to elect a President and Directors, and other business of importance to the said company. RICHARD BLOW, President. April 13. idm
Received per schooner Traveller, from Boston, and for Sale, By EDWARD CLARK, 10 tons small, flat, and square Bar Iron, 10 bunches assorted Nail Rods. Nov. 18. tf
NOTICE.
Lost, a CERTIFICATE, certifying my right to four Shares in the Virginia Bank Stock, in consequence of which I shall make application to the Bank for a new one. I request that any person who shall get possession of it, will return it to the subscriber. Edward Watson. April 15. lawbw
FOR SALE,
A Tract of LAND lying on Pagan Creek, in the County of Isle of Wight, two miles above Smithfield by water, the whole about 1600 acres—it is so situated that it may conveniently be sold in different parcels; about 450 acres of it is bounded for near two miles by Pagan Creek, with a valuable marsh, and three convenient landings accessible to any vessel that can go to Smithfield; this Tract lying between Pagan Creek and a large branch thereof, may be inclosed to itself by a fence of about half a mile & separated from this tract by the branch above mentioned is about 100 acres, part of which is well timbered, with a good landing for vessels. It is unnecessary to describe all the advantages and conveniences of this Land, as it is presumed no person will purchase without viewing it. It may be seen by applying to Mr. George Braswell, living on the premises, and the terms made known by Thomas Pierce, Esq. of Smithfield.
Another Tract containing 711 acres, in Isle of Wight County; this Land lies very level and the soil well adapted to corn; but as it is entirely Wood Land, and within 10 or 12 miles of market, the advantages must be obvious—the Land may be seen by applying to Mr. John Eacy, adjoining it, and the terms made known by application to the subscriber at South Quay
Also, a Tract containing 537 acres, within two miles of South Quay, in Nansemond County; this Tract is good Corn Land, and well adapted for raising stock; with it may be had one half of a Saw and Grist Mill now in operation, about a mile from it, which will render the timber valuable, as there is a ready market for all that can be sawed. For terms, &c apply to the Subscriber. For the greater part of the above property young Negroes will be taken at a generous price. John Dorlon. lawbw
South Quay, February 24, 1808.
the 3 Janry 1894 John L. Allen Santos Ward 6 his descendants in Boston a decade ago

ENGLISH GOODS.
Appleton & Co.
By the John Adams, St. Johns, from Liverpool, No. 16, Calvert-Street, Baltimore, have received their regular supply of GOODS, calculated for the present and approaching season, Cambric and Common Callicoes , Plain and striped Dimities; Printed Marseilles Vesting, White Jeans; Furniture Chints; do. Dimities, London Superfine Broad Cloths; do. do. Cassimeres, Yorkshire fine Cloths and Cassimeres; patent Nankeens, Cords; Grandurells; Cotton Cassimeres, 6-4 and 4-4 Cambric Muslins, Japan, Haricord, and Check do. plain and figured Mull do. Leno, Victory, and Riddle Muslin; coloured do. do. do. 4-4 plain Book do.; Ginghams; Silk do. Satins, Persians, and Sarnets; Ponnet Silks; Silk Gloves, Silk Handkerchiefs; Fancy Shawls, Cotton Umbrellas, do. Braces, do. Laces and Footings, do. Quiltings, English Kid Gloves, Cotton Hosiery, Handkerchiefs, Fringe and Bed Lace, Cotton and Linen Checks; Buttons; Birmingham Ware. In Store, a few dozen gentlemen's best Beaver Hats, from Marseilles. These goods will be sold low for cash, or undoubted paper at 60 days. April 15. 10
Mackinder & White,
Have just received from on board the schooner Liberty, Capt. Lewis, from Philadelphia, 150 boxes fresh Imperial and Hyson TEAS, of superior quality. ALSO, A fresh supply of Hollands GIN, Ticklenburgs, superfine Cloths. Gentlemen's Silk Hats, Parasols, &c.—Which they offer for Sale on the lowest terms, for cash or approved notes. N. B. A few barrels of prime Smithfield MESS PORK. April 15. 10
A fresh supply of Hollands GIN, Ticklenburgs, superfine Cloths. Gentlemen's Silk Hats, Parasols, &c.—Which they offer for Sale on the lowest terms, for cash or approved notes. N. B. A few barrels of prime Smithfield MESS PORK. April 15. 10
For SALE, On board the ship Dammascotta, Robert Duckendorff, master, at Commerce-Street Wharf, Coarse Liverpool SALT, St. Vincent's RUM and MOLASSES. Moses Myers. April 15. tf
Thirty Dollars Reward.
RANAWAY from the Subscriber on the 22d of last month, a bright mulatto, named CALEB, about 24 years of age, bow legged; he has a red mark upon his neck just below his right ear, (as well as I can recollect) I will give the above reward to any person or persons that will secure the said negro so that I get him again, and if delivered to me all reasonable charges shall be paid. H. PITTS. Northampton, Eastern-Shore, Virg. April 11, 1808 7*
For Sale on board the Schooner Bartholomew, Captain James Crawford, 68,000 Northern BOARDS of good quality, and 10,000 R. O. STAVES. Apply to the master at Newton's wharf, or Christopher Fry. April 11. 3
Landing from the schooner Antelope, Capt. Putnam, 100 hhds. & 12 tierces MOLASSES, 24 bags Green Coffee. Also received from New-York, New Mess and Prime PORK, Mess and Prime BEEF. For Sale by Jennings & Roddey. April 13. tf
That convenient Dwelling-House, on Brewer Street, the property of Mr. John Davidson, at present occupied by Mr. Stephen Harris. Also, That convenient House, where Mr. Cornelius Calvert formerly lived; they have very fine gardens and all convenient out-houses—possession may be had on the first day of May next, on application to James Tucker. April 13. tf
Intending shortly to leave this town, the Subscriber informs the publick, that from this day he will sell at the first cost, All his STOCK, Consisting of DRY GOODS, and every kind of ready made CLOTHES. B. Danfossy. No. 24, Market Square. April 13. 3*
FOR RENT, A convenient DWELLING-HOUSE, pleasantly situated in the Borough, with necessary out-houses, &c. Apply to the Printer. April 13. 3
The Subscriber grateful for past favours, takes the liberty of informing the publick, that in addition to his BEER and PORTER-HOUSE, he has rented the upper apartment of that commodious house situated at the corner of Wide Water and Commerce-Streets, formerly occupied by Mrs. Bryan, which he has opened as a Tavern, by the name of the GLOBE TAVERN, and will keep a constant supply of the best of Liquors; and for the accommodation of customers, he will keep a constant supply of prime New-York Ale, Philadelphia Beer and Porter. Solicitors for a share of publick patronage, he assures those who may favour him with their custom, that every attention will be paid to give satisfaction. Gentlemen Boarders can be accommodated by the week, month, or year, upon moderate terms. Good Stabling and forage for a few horses. WILLIAM TONKIN. Two TENEMENTS situated on Town-Point, will be rented cheap, together or separate.—For terms apply as above. April 7. 1m
FOR RENT. The STORE in Market-Square, now occupied by the subscriber. For terms apply at his office. Thomas Blanchard. April 7. tf
The Subscriber having resumed his former Business of Commissioner and Broker, will buy or sell Goods on Commission, post Books, adjust Accounts, and procure Money on good paper or merchandise, at the shortest notice. James Maurice, No. 44, Church-Street. March 30. tf
Intending to leave the country for a few months, I have appointed Mr. William Dickson my attorney. Bartholomew Redmon. April 7. 1m
COCKE & SANFORD, Have received eighteen hogsheads and eighteen barrels Loaf and Lump SUGAR, which they offer for Sale on very moderate terms. On hand of their last importation, 2 bales flaxen OZNABURGS, 2000 wt. Seine Twine; 1 bale assorted Blue Cloths, 1 bale superfine Navy Blue Cloth, 2 boxes well assorted Irish Linens, Irish and Dutch Sheetings and Dowlas, 2 Trunks Cotton Hosiery; 1 case Dimities, 2 do. assorted Nankeens and Grandurells, 3 do. Callicoes; 2 do. Cotton Cambricks, 1 box Fresh Cambricks and Handkerchiefs, 2 cases Me's and 1 do. Childrens' fashionable Beaver Hats. Feb 24. 2m
BOOTS.  Elegant Hussar & Backstrap BOOTS, Just received and for Sale by Wood & Hastings, Opposite Market Square. Feb 8. tf
NOTICE. The Copartnership of RICHARD BOWDEN, & Co. having expired, Richard Drummond is authorised to receive and pay the debts of said concern. Moses Myers, Richard Bowden, Richard Drummond. February 2. tf
Cognac Brandy, Hollands Gin, Country do. in pipes, Rice in tierces and half tierces—For Sale by C. & F. White. February 24. tf
For SALE at my Brew-House, Strong, Table, and Ship BEER, by the hogshead, barrel, and half barrel—and a constant supply of bottled PORTER in packages and by the dozen. And in Store, Wines, Liquors, and Groceries, wholesale and retail. Joseph Hayes. Feb 18. tf
For SALE, 45,000 wt. good COFFEE in bags, 94 puncheons old St. Kitts RUM. MOSES MYERS. January 8. tf
For SALE, 73 puncheons choice Antigua RUM, 30 do. Grenada do. 600 bushels CORN, 80,000 drawn White and Red Oak STAVES, 60 barrels Pork. George Wilson. November 4. tf
NOTICE. The Subscribers have removed to the Ware-House, No. 6, on Newton's wharf, formerly occupied by Messrs. John D. Haldane, & Co. JENNINGS & RODDEY. January 8. tf
For RENT, The DWELLING-HOUSE on Granby-street, belonging to captain Vickery, next door to Robert Boush, Esq.—possession will be given on the first day of January next. For terms apply to Alexander Wilson. December 18. tf
First quality Jamaica COFFEE. Just received and for Sale, 77 tierces and 24 barrels prime Green COFFEE. James & Thomas Tucker. December 28. tf
For RENT, A commodious small DWELLING, with all suitable out-houses and a good garden, pleasantly situated on Smith's Point. Possession may be had on the first of November. P. Barraud. October 5. tf
For RENT, The Store, Compting-Room & Cellar, at present occupied by Messrs. Wood & Hastings, no. 90, Main-street. Apply to Thomas Willock. August 24. tf
WOOD & HASTINGS, No. 76, Main-Street, Have just received an additional supply of Staple and Fancy GOODS, Among which are Black Silk Velvet; Tabby, do.; Black Silk Florentine; Silk Handkerchiefs; do. Fancy Shawls; Convex Navy Buttons; fashionable Coat do.; a variety of French Goods; 2 trunks Cambric Muslins; 2 cases Linens; 2 bales Cotton Checks; 1 do. Gilla Handkerchiefs; 3 do. India Cottons, assorted, some very fine for Shirtings; a variety of Woollens. They have also on hand a general and extensive assortment of WOOLLEN GOODS. Every description of fancy Muslins and Dresses; Velvets; Constitution and President's Cords; Dimities; Carpets; Hosiery, &c. &c. On consignment, just received, Hussar and Backstrap BOOTS; Ladies' Kid and Morocco Shoes; Mens' coarse do.; coarse and fine Hats. The above GOODS will be sold at very reduced prices for CASH, or undoubted credit, by wholesale and retail. December 11. tf
Now landing from on board the schooner Mohawk, Roger Quarles, master, from Leghorn, 120 hogsheads Bordolease CLARET, 96 casks Roll Brimstone, 100 boxes Castle Marble Soap, 50 tin boxes Saffron, 5 cases Florence Silks of all colours, a great many black, 2 hhds. shelled Almonds, 100 half chests Lucca Oil, of 30 flasks, 100 boxes Lucca Oil, 12 bottles each, 3 cases Chip Hats. For Sale by William Pennock. October 12. tf
For SALE, 2 elegant Bay Horses, a complete match, 2 do. grey do. 1 remarkable fine bay, and one very excellent grey Horse—For which, Notes of the Bank of Newbern and Cape-Fear, or Proc. Money will be taken in payment.—Apply at the Office of the Publick Ledger. Sept. 25. tf
For SALE, 4000 bushels Ground ALLUM SALT, And a few well assorted crates of EARTHENWARE. George Murray, & Co. December 7. tf
Fresh Imperial TEA. Just received 17 boxes fresh Imperial TEA, of the present year's importation.—Also on Hand, 25 tons assorted BAR IRON, 80 barrels and a few hogsheads Muscovado Sugar, 40 barrels and bags Green Coffee; 25 hhds. old Antigua Rum, 20 hhds. Molasses; 8 pipes French Brandy, 10 crates assorted Queen's Ware, A few quarter casks of Sherry and Teneriffe Wine, Whiskey in barrels; Loaf Sugar, New York prime Pork and Beef; 30 casks Cheese, A few barrels Mackerel; Soap; Candles; Demijohns, &c. For Sale by Jennings & Roddey. February 26. tf
NOTICE. The partnership of Ellis & Sprigg, of Hampton, is this day by mutual consent dissolved—all persons indebted to the said firm are requested most earnestly to come forward and pay their respective balances to Mr. C. Sprigg; and all those who have claims against said firm, to produce them to said C. Sprigg for settlement. Samuel Ellis, Per his Attorney in fact, Robert Gibson, Corbin Sprigg. Hampton, February 17. tf
For CASH or approved Discountable Paper, 20 bales best Russia CANVAS, 1 do. Ravens Duck; 1 do. Matras Tickling, 65 packages German Linen—For Sale by Niemeyer & Von Kapff. February 26. tf
Now landing from the schooner Prudence Mary, from New-York, 17 hhds. first quality SUGARS, 54 barrels prime Pork, city inspection, 70 boxes Mould Candles; 5 hhds. double refined Sugar, 5 pipes Brandy; 25 reams Writing Paper, 2 trunks fine and coarse French Lace, which will be sold at a low rate for Cash. Apply at No. 1, Commerce-street to William Hull, Jun. October 16. tf
Just got to Hand. 22 chests Hyson TEA, will be sold low for cash. George Wilson. Nov. 18. tf
The following prices will be given in Cash for 500 or 600 cords of BARK, deliverable at my Tan Yard, Spanish Oak, $ 6 per cord, Willow or Water do. 5 Red do. 4 Young White do. 3 50 Beach Bark, 3 50 With a view to prevent disappointment to those who procure this article, arising from the uncertainty of the quantity which may be brought to market, I will receive all which may be delivered at my landing before the first day of June, provided it be well cured and in good order. Theoderick Armistead. April 4. 2m
New SHOES from New-York. SAMUEL COLEMAN, Offers for Sale such as have been generally sold in retail at 9s. and 8s. 6d. for 7s. 6d.; those at 15s. for 13s. 6d. except of Morocco leather; Ladies' Morocco Slippers at 8s. 6d. for 7s. 6d. and in nearly the same ratio for every other kind of Shoes, where the former prices will bear reduction. VERNON'S BOOTS, at $8 50, which are no doubt the most elegant made in the United States. Having on hand nearly 200 pair of Boots, he believes there are very gentlemen who cannot be fitted. BUTTER at 17 cents in nice order; a few tons of Iron; a few hundred bushels of ground Allum Salt; India Cottons; Brown Sugar, &c. &c. as low as they can be sold for a profit for Cash. April 1. tf
Thomas H. Parker, Offers for Sale, His Great-Bridge MILL, newly fitted up to run two pair of stones—The advantages of this mill are very great, only ten miles from Norfolk, and situated on a never failing stream; although she works at present only two pair of stones, yet the stream affords an abundant supply for ten pair. Also, a MILL (known by the name of Bell's Mills) about two miles farther, now in complete order, running one pair of stones and two faws—This Mill is supplied with water from very extensive swamps, and in wet season very plentifully; at this place there is a flour-situation of which, for a lumber-mill, is equal if not superior to any in that part of the country—This Mill can be supplied with excellent timber from a tract of land only one mile distant from it, which the subscriber also offers for sale. This tract contains between 5 and 600 acres, almost entirely covered with timber; the soil, the subscriber confidently believes, is not inferior to any in the lower part of Virginia. Any person purchasing this Plantation would have the benefit of a reed swamp within three miles of it, in which any number of cattle may be kept fat during the whole winter. October 5. tf
THE SUBSCRIBER Has removed to the brick store at the head of Campbell's wharf, fronting said wharf and Wide Water-street, where he offers at wholesale or retail his assortment of Groceries and Ship Chandlery, Among which are 14 hogsheads Muscovado SUGAR, 1 do. and 6 barrels loaf do. 6 do. Antigua, Jamaica, and Grenada Rum, 3 pipes French Brandy, 2 hhds. and 6 bbls Rye Whiskey, 4 barrels Apple Brandy, 1 do. Peach do. 10 bags Coffee, Imperial, Hyson, Young Hyson, and Souchong Teas, Pepper, Pimento, and Nutmegs, Madeira, Sherry, and Port Wines, London and Philadelphia Porter, English Cheese, Bar Iron and Castings, Nail and Spike Rods, German Steel, Powder and Shot, Tar, Pitch & Turpentine, Paints and Oil, black and bright Varnish, Canvas and Cordage, Nails and Spikes. Also just received, 20 boxes Lemons, 12 half bbls. Beef Tongues, 20 kegs Tongues and Sounds, 40 kegs and 2 bbls Salmon, 5 bbls. Mackerel, 15 cases Sallad Oil, 1 cask Currants, 10 boxes Olives, Capers and Anchovies, 6 dozen bottles Cayenne Pepper, 3 do. do. Pickled Peppers, 30 boxes Soap, 20 boxes Candles, 50 barrels Alexandria superfine and fine Flour. John D. Haldane. July 31. tf
WANTED, A convenient Dwelling-House for a small family, situated in an agreeable part of the town. Apply to the Printer. March 18. tf
6000 bushels Stoved SALT, 50 crates well assorted Earthenware—For Sale on board the ship Sally, by A. Machine. March 2. tf
NOTICE. I am again compelled to solicit all those indebted to the estate of PHILIP COLLINS, deceased, to make immediate payment, as no longer indulgence can be given. Jane Collins, Admr'x. December 9. tf
At the Old CUT-NAIL Manufactory, corner of Main and Church-streets, the subscriber keeps on hand constant supply, and can furnish at short notice, any quantity of Nails, Flooring Brads and Sprigs, At the following reduced prices, by the Keg—for cash only, viz— 8, 10, 12, and 20d Nails and Brads at 7 1-2d lb. 6d. Nails, 9 1-2d 4d. do. 2s. 9d. m. or 11d 3d. do. 2s. 3d. or 12d Sheathing, do. 7 1-2d 6d. Sprigs, 4s 6d per M. 6d. do. 2s 9d 2d. and 3d. do. 2s 3d He offers also for cash only— HOOP IRON ASSORTED. Thos. Seaman.
WHARFAGE at half price during the Embargo. WILLIAM CARMACK. March 21. tf
THE CARGO Of the Ship Laconia, Capt. John Walker, just arrived from Liverpool, is offered for Sale, co-sisting of 8000 bush. Liverpool coarse SALT, 30 crates well assorted Crockery Ware, and 30 tons Coals.—Apply to Phinehas Dana. March 25. tf
The Subscribers have removed to the Brick Warehouse on Merchant's Wharf, and have on hand for Sale, 100,000 W. O. hhd. drawn STAVES, 100,000 red do. do. do. 40,000 rough do. do. do. 50,000 do. barrel do. do. 10,000 pipe do. do. do. 500,000 sale Shingles; 100,000 building do. 10,000 three feet do.; 5,000 Garden Pales, 5,000 Chinquapin and Cedar Posts. And also for Rent, A commodious WAREHOUSE. Proby, Harman, & Co. January 11. tf
The Subscriber offers for Sale, 78 puncheons well flavoured RUM, A few pipes Old Bourbon Brandy, and 22 hogsheads choice retailing Molasses. Phinehas Dana. March 2. tf
THE COTTAGE, A small Farm handsomely improved in the neighbourhood of Portsmouth, commanding a beautiful view of Norfolk harbour is offered for Rent—and the HOUSE lately occupied by Doctor Leigh, pleasantly situated near the Ferry Wharf, in Portsmouth. Apply to Mr. William Pritchard, or JAMES YOUNG. March 2. tf
AT PRIVATE SALE, BY S. MARKS, JUN. 60 hogsheads St. Kitt's RUM. March 2. tf
Just received for Sale, 25 qr. casks Gordon's old Sherry Wine, 20 boxes Hyson Tea, 30 do. superior quality Young Hyson, 12 pipes Holland Gin, 20 do. Country do. Mackinder & White.
For RENT, (And immediate possession given,) The Brick-House, Store, and Cellars, at the corner of Gilbert's Lane, on Main-street, near the market, an excellent stand for a Dry Good or Grocery Store. Apply to Niemeyer & Von Kapff. December 28. tf
Richard Jeffrey & Co. No 66, Main-street, corner of Bank-Street, have just received from London, per the ship Planter, An assortment of MEDICINES, of the first quality Also, a few hundred weight refined Salt-Petre, Hardham's Snuff, No 9, and 37, in 1-2 and 1-4 pound canisters, Violet, Benzoin, Windsor and Shaving Soap, Evans's Bell Crown Lancets, Tooth Brushes of superior kind, Refined Liquorice, &c. They have on hand, and are in daily expectation of receiving from Amsterdam, all kinds of GLASS WARE, suitable to Apothecaries. MEDICINE CHESTS for ships and family use, with printed directions, put up as usual. October 5. tf
Leather, Cordage, and Loaf Sugar. The subscriber will hereafter expose for Sale at his Warehouse on Campbell's wharf the above Articles, of the manufacture of Norfolk, at reduced prices for Cash, or on short credits only. Theo Armistead. Feb. 20. tf
At Private Sale, By S. MARKS, Jun. 10 hhds. Antigua, 12 do. N. E. 50 barrels do. RUM, 30 hhds. and 20 barrels Sugar; 10 pipes Country Gin, 8 pipes Cognac Brandy; 150 boxes Mould Candles, 8 boxes Spermaceti Candles; 4 bales striped Blankets, 3 bales Blue Duffles; 1 do. fine Cloths; 2 do. blue Plaids; 2 do. Rugs; 1 do. Check Shirtings, 54 do. Ticklenburgs and Oznaburgs; 2 do. Heffans, 1 trunk Madras Handkerchiefs. October 24. tf
NORFOLK. PUBLISHED THREE TIMES A-WEEK, BY WILLIAM DAVIS, FOR THE PROPRIETOR. Opposite the Exchange Coffee-House. Price Six Dollars yearly, in advance.