Norfolk gazette and publick ledger (Norfolk [Va.]), 1809-02-20 00:00:00

NORFOLK GAZETTE AND PUBLIC LEDGER. SINT HIC ETIAM SUA PREMIALA.
[VOL. V]
MONDAY MORNING, FEBRUARY 20, 1809.
NO. 89.
BOSTON, February 7. ANSWER Of the Honourable Senate to the Speech of His Honour the Lieutenant Governor.
MAY IT PLEASE YOUR HONOUR:—While the senate lament the solemn dispensation of divine providence which has deprived the commonwealth of its chief magistrate, they earnestly beseech the Father of lights to endue you with wisdom to discern, and fidelity to pursue the path of duty, in the discharge of the high and responsible trust, which in consequence of this event, the constitution has devolved upon you.
Deeply impressed by the perilous and distressing aspect of our public affairs, we assure your honour of our best exertions for the general welfare. We are happy to record with you that our enemies alone could have represented the New England states as prepared for opposition to the authority of the law, and ripening for a secession from the union.
The people of New England perfectly understand the distinction between the constitution and the administration. They are as sincerely attached to the former as any section of the United States.
As the government of the union is a confederation of equal and independent states with limited powers, we agree with your honour that it is not unbecoming any member of the union with firmness and moderation to question the justness or policy of measures while they are pending and ripening for adoption,
But with great deference to your honour, we apprehend that this principle if carried into effect, would render our free government a despotism, and bring inevitable ruin upon the people.
The people of this state, therefore, could not by any possibility have had an opportunity to question its justness or policy, and even senators, in congress, were not allowed the time they requested for that purpose.
An administration may become corrupt, but the people will remain pure. We are therefore constrained with great respect, to express our mingled regret and astonishment, that your honour should seem to doubt the capacity of the people to decide on questions involving their unalienable rights.
May we be permitted to ask, who shall decide when the public functionaries abuse their trust? We need not inform your honour that the meetings to which you allude, have been attended by men second to none in the United States for their legal and political knowledge.
Can such assemblies of the citizens merit censure in a republican government? But you will please to permit us to remark, that your animadversion upon these meetings, appears the more extraordinary, because in another part of your communication, your honour is pleased to observe,
that it had been the arduous task of our rulers to collect the diversified sentiments of their constituents, and to assimilate and concentrate them as far as possible to an according system, predicated on the prevailing opinion.
We beg leave to observe, that those rights, which the people have not chosen to part with, should be exercised by them with delicacy.
But your honour is pleased to observe, that the union have their favoured projects—states, towns, and individuals, have theirs,
Can it be necessary to remind your honour that the aggressor is responsible for all the consequences, which you have been pleased so pathetically to describe?
Can it be necessary to remind your honour, that the administration of Washington, produced precisely the reverse of the picture which you have been pleased to draw so much to the life.
And will you permit us to ask in our turn, but in your Honour's words, "whence then the causes of jealousy, distrust, alteration and bitter aspersion" of that great and good man, and upon all who were attached to his measures.
But the present administration, although aware of the "effects of past arrangements," had not the wisdom or magnanimity to adopt them.
Your Honour is pleased to enquire "if we could not wait with magnanimous patience, and endure privations a few months longer, and give to government one fair, unimpeded experiment upon foreign nations?"
The administration has been "pressed to the very wall," and we know not how much "further" they would "retreat" if they could.
But, may it please your honour, we have seen as little of "spirit" as of policy in the embargo system.
We most heartily concur with your honour, that there is a point in national sensibility, as in the feelings of men, where patience and submission end.
We shall be ready at all times with you "to cherish the interests of literature, especially the university at Cambridge," and the sentiment which your honour is pleased to advance, that "no crisis should arrest the progress of the arts and sciences," meets our concurrence.
We shall endeavour to find a remedy for the "ac-
cumulation of depreciated and counterfeit bank bills," to which your honour has been pleased to call out attention.
Touching the militia, we cannot conceal our regret, that the administration of the general government has not discovered that dependence upon an establishment which your honour is pleased to observe is "so preferable to a standing army in time of peace,"
The following memorial is placed in the insurance offices, in this town, for the signatures of citizens.
To the Honourable the senate and house of representatives of the commonwealth of Massachusetts in the general court assembled.
The subscribers, inhabitants of the town of Boston, most respectfully represent, That impelled as well by a sense of their own immediate wrongs and sufferings as by a sacred regard to publick liberty,
Boston is deprived of her rights, she is disfranchised—her port is shut, she is no longer permitted to seek from the ocean and from other ports, the necessaries of life.
For what crime are her inhabitants thus singled out for exemplary and vindictive vengeance? Prior to the arrival of this order no one town upon the continent had exhibited a more quiet and submissive example.
Has any publick law authorized the blockade or "occlusion" of our port? Amidst all the arbitrary and unexampled powers vested in the president, they can discern no such authority.
When they recollect the noble opposition of this town against the measures of lord North, the patriotic conduct of the state legislature, and the sympathetic addresses of their fellow-citizens in other towns upon that occasion,
They therefore humbly pray, that your honourable body would adopt some speedy and efficacious measures, to cause to be removed this arbitrary interdiction of the trade of this town,
That if this unmerited, unconstitutional, and oppressive measure, shall appear to have resulted from some act of congress which they have not yet seen, that your honours would endeavour to procure its immediate repeal.
FROM THE BOSTON REPERTORY.
THE PARALLEL—No. I.
Is there ONE among those who defend the present measures of our government; is there ONE of any political class whatever in the United States, who will come forward and reprobate either the principles or the conduct of our FATHERS, who in defence of their freedom and rights, opposed the tyranny of a corrupt British administration, and took the glorious ground, which led to our Independence?
AND THE STEPS WHICH ARE TENDING TO OBTAIN IT, will be solemnly considered.
Men can easily give or assume names. These prove nothing. But to show that we are suffering the very grievances which roused the spirit of '75, except that they are now more refined in degree and more insidiously enforced—
From the Boston Gazette, June 20, 1808. Friday the 10th inst. towards the close of the officers of the customs of this port, in a sloop belonging to and lying at the wharf of John Hancock, Esq. who was then on board a STORK, to put some barrels of oil on board, which being not seen in the owner's store-room on the wharf, the officers took possession of the sloop, and one of them made a signal to his majesty's ship the Romney, when lying off in the harbour, whereupon the boats belonging to said ship, were immediately manned and armed, and made towards the wharf.
On Monday the people in town were in great agitation; but lest any tumult might arise, a notification was posted up in divers parts of the town, requesting the sons of liberty to meet at Liberty Hall on Tuesday the 14th at ten o'clock in the forenoon.
It has been reported that the sloop was seized because no permit for loading was taken at the custom-house before the oil was put on board; others report that it was for breach of the act of trade in her last voyage, which was from Madeira; but which of the reports is right we are not able to inform the publick.
At a meeting of the freeholders, and other inhabitants of the town of Boston, in pursuance of the notification, present a larger number than ever was known on any occasion.
PROVINCE OF MASSACHUSETTS BAY.
To his excellency Francis Bernard, Esq. Governor and commander in chief in and over said province, and vice-admiral of the same.
The inhabitants of the town of Boston, in town meeting legally assembled, humbly shew, That your petitioners consider the British constitution as the basis of their safety and happiness.
Menaces have been thrown out, fit only for barbarians, which already effect us in the most sensible manner, and threaten us with FAMINE and desolation, as all navigation is obstructed, upon which alone our whole support depends, and the town is at this crisis in a situation, NEARLY SUCH AS IF WAR WAS FORMALLY DECLARED AGAINST IT.
To contend with our parent state, is in our idea the most shocking and dreadful calamity; but tamely to relinquish the only security we and our posterity retain of the enjoyment of our lives and properties, without one struggle, is so humiliating and base, that we cannot support the reaction.

power, and we would hope in your inclination, to prevent this distressed and justly incensed people from affecting TOO MUCH, and from the SHAME AND REPROACH OF ATTEMPTING TOO LITTLE.
As the board of customs have thought fit, of their own motion, to relinquish the exercise of their commission here, and as we cannot but hope, that, being convinced of the impropriety and injustice of the appointment of a board, with such enormous powers, and the inevitable destruction which would ensue from the exercise of their office, will never re-assume it. We flatter ourselves, your excellency will, in tenderness to this people, use the best means in your power to remove the other grievances we so justly complain of, and issue your immediate order, to the commander of his majesty's ship Romney to remove from this harbour, till we shall be ascertained of the success of our applications.
"And your petitioners, as in duty bound, &c."
CONGRESS.
HOUSE OF REPRESENTATIVES.
FRIDAY, February 10.
NAVIGATION LAWS.
The house then resolved itself into a committee of the whole, 43 to 30, Mr. Dana in the chair, on the bill reported by Mr. Dana concerning associations for the security of navigation.
[The bill provides, That in cases wherein the arming of merchant vessels for defence may be allowed by any law of the United States, it shall be lawful for citizens of the United States to agree, that any ships or vessels by them owned shall sail in concert, and be associated for mutual assistance and protection in any voyage or voyages not contrary to law and during any time or times which may be designated by instrument in writing duly executed by the owners or their authorised agents. The stipulations of the parties contained in such instrument may extend to the equipment and force of the vessels respectively, the relative authority of the masters or commanders, the appointment of places and times of rendezvous and sailing, the regulation of signals, the direction of the general course of the voyage or voyages, the orders to be observed in cases of separation or danger, and the making of arrangements for conducting and managing the respective vessels as may be most effectual for assistance in any case of peril or misfortune and for protecting all or any of them against forcible seizure or annoyance: Provided, That no such agreement or stipulation shall contravene any instructions or orders issued according to law by the President of the United States—That the respective ships or vessels shall be holden for the stipulations contained in any such instrument concerning them, and shall accordingly be chargeable for such compensation or indemnity as may be justly required on account of any failure to perform the same as well as for satisfying any reasonable claim of contribution on account of loss or damage incurred in pursuance thereof. The rates of contribution to be so made shall be apportioned to and among the respective vessels as the parties may have consented and declared by such instrument, or, in failure of such declaration, the apportionment of the same shall be adjusted by the competent court, &c.]
The words in italic in the above were inserted by amendment on motion of Mr. J. G. Jackson.
In explaining the operation of the provisions of this bill—
Mr. Dana said that it did not propose to change the state of our foreign relations with respect to any power whatever; it decided nothing respecting the cases to which merchant vessels might be permitted to arm for their defence, but proceeded on the supposition that there might be cases in which arming the merchant vessels of the United States should be authorised by law. The object of the bill was to make such arming effectual by comity different vessels that they might act together, the importance of concert being well known to every person who had attended to the difficulty of attaining any point by individual and unconnected efforts. It was well known that, for some trades, vessels were now permitted to arm; and if with respect to the great powers of the civilized world the United States were to permit their vessels to arm, the bill would equally apply to associations for defence against them as against any other enemy. Such association might now take place by compact where vessels were permitted to arm, which however could be obligatory on the owner only. The object of the bill was that the vessels engaged might be pledged for the performance of the compact.
Some desultory discussion took place on the details of the bill, in which Messrs. Dana, Love, Burwell, D. R. Williams, Smilie and Basset partook.—Messrs. Eppes and Basset appeared to be opposed to the principle of the bill, the objection to which appeared to be that it sanctioned armaments by individuals larger than the government itself chose to support, and that the government might be deemed in some sort pledged to a responsibility for their acts.
The committee rose and reported the bill, which was ordered to a third reading.
SATURDAY, February 11.
Mr. Nicholas from the committee of foreign relations to whom were referred several bills and resolutions on the subject of the embargo, &c. reported the following bill.
A BILL
To interdict the commercial intercourse between the United States and Great-Britain and France, and their dependencies, and for other purposes.
Sec. 1. Be it enacted by the senate and house of representatives of the United States of America, in congress assembled, That from and after the passing of this act, the entrance of the harbours and waters of the United States and the territories thereof, be and the same is hereby interdicted to all publick ships and vessels belonging to Great-Britain or France, excepting vessels only which may be forced by distress, or by being pursued by an enemy, or which are charged with dispatches or business from the government to which they belong, and also packets having no cargo nor merchandise on board. And it any publick ship or vessel as aforesaid, not being included in the exception above mentioned, shall enter any harbour or waters within the jurisdiction of the United States, or of the territories thereof, it shall be lawful for the president of the United States, or such other person as he shall have empowered for that purpose, to em-
ploy such part of the land and naval forces, or of the militia of the United States, or the territories thereof, as he shall deem necessary to compel such ship or vessel to depart.
Sec. 2. And be it further enacted , That it shall not be lawful for any citizen or citizens of the United States, or the territories thereof, nor for any person or persons residing or being in the same, to have any intercourse with or to afford any aid or supplies to any publick ship or vessel as aforesaid, which shall, contrary to the provisions of this act, have entered any harbour or waters within the jurisdiction of the United States or the territories thereof, and if any person shall, contrary to the provisions, have any intercourse with such ship or vessel, or shall afford any aid to such ship or vessel, either in repairing the said vessel or in furnishing her, her officers or crew with supplies of any kind or in any manner whatsoever, or if any pilot or other person shall assist in navigating or piloting such ship or vessel, unless it be for the purpose of carrying her beyond the limits and jurisdiction of the United States, every person so offending, shall forfeit and pay a sum not less than one hundred dollars, nor exceeding ten thousand dollars; and shall also be imprisoned for a term not less than one month, nor more than one year.
Sec. 3. And be it further enacted , That from and after the day of next, the entrance of the harbours and waters of the United States and the territories thereof, be and the same is hereby interdicted to all ships or vessels sailing under the flag of Great-Britain or France, or owned in whole or in part by any citizen or subject of either; vessels hired, chartered or employed by the government of either country for the sole purpose of carrying letters or dispatches, and also vessels forced in by distress or by the dangers of the sea, or by being pursued by an enemy, only excepted—And if any ship or vessel sailing under the flag of Great-Britain or France, or owned in whole or in part by any citizen or subject of either, and not excepted as aforesaid, shall after the said day of next arrive, either with or without a cargo, within the limits of the United States or of the territories thereof, such ship or vessel, together with the cargo, if any, which may be found on board, shall be forfeited and may be seized and condemned in any court of the United States or the territories thereof, having competent jurisdiction.
Sec. 4. And be it further enacted , That from and after the twentieth day of May next, it shall not be lawful to import into the United States or the territories thereof, any goods, wares or merchandise whatever, from any port or place situated in Great-Britain or Ireland, or in any of the colonies or dependencies of Great-Britain, nor from any port or place situated in France, or in any of her colonies or dependencies, nor from any port or place in the actual possession of either Great-Britain or France. Nor shall it be lawful to import into the United States or the territories thereof, from any foreign port or place whatever, any goods, wares or merchandise whatever, being of the growth, produce or manufacture of France, or of any of her colonies or dependencies, or being of the growth, produce or manufacture of Great-Britain or Ireland, or of any of the colonies or dependencies of Great-Britain, or being of the growth, produce or manufacture of any place or country in the actual possession of either France or Great-Britain.
Sec. 5. And be it further enacted , That whenever any article or articles, the importation of which is prohibited by this act, shall after the twentieth of May be imported into the United States, or the territories thereof, contrary to the true intent and meaning of this act, or shall after the said twentieth of May be put on board of any ship or vessel, boat, raft or carriage, with intention of importing the same into the United States, or the territories thereof, all such articles, as well as other articles on board the same ship or vessel, boat, raft or carriage, belonging to the owner of such prohibited articles, shall be forfeited; and the owner thereof shall moreover forfeit and pay treble the value of such articles.
Sec. 6. And be it further enacted , That if any article or articles the importation of which is prohibited by this act, shall after the twentieth of May, be put on board of any ship or vessel, boat, raft or carriage, with intention to import the same into the United States, or the territories thereof, contrary to the true intent and meaning of this act, and with the knowledge of the owner or master of such ship or vessel, boat, raft or carriage, such ship or vessel, boat, raft or carriage shall be forfeited, and the owner and master thereof shall moreover each forfeit and pay treble the value of such articles.
Sec. 7. And be it further enacted , That if any articles, the importation of which is prohibited by this act, and which shall nevertheless be on board of any ship or vessel, boat, raft or carriage, arriving after the said twentieth of May next in the United States, or the territories thereof, shall be omitted in the manifest, report or entry of the master, or the person having the charge or command of such ship or vessel, boat, raft or carriage, or shall be omitted in the entry of the goods owned by the owner, or consigned to the consignee of such articles, or shall be imported, or landed, or attempted to be imported or landed, without a permit, the same penalties, fines and forfeitures shall be incurred and may be recovered, as in the case of similar omission or omissions, landing, importation, or attempt to land or import in relation to articles liable to duties on their importation into the United States.
Sec. 8. And be it further enacted , That every collector, naval officer, surveyor or other officer of the customs, shall have the like power and authority to seize goods wares and merchandise imported contrary to the intent and meaning of this act, to keep the same in custody until it shall have been ascertained whether the same have been forfeited or not, and to enter any ship or vessel, dwelling house, store, building or other place, for the purpose of searching and seizing any such goods, wares and merchandise, which he or they now have by law in relation to goods, wares and merchandise subject to duty, and if any person or persons shall conceal or bury any goods, wares or merchandise, knowing them to be liable to seizure by this act, such person or persons shall, on conviction thereof, forfeit and pay a sum double the amount or value of the goods, wares and merchandise, so concealed or purchased.
Sec. 9. And be it further enacted , That the following additions shall be made to the oath or affirmation taken by the masters or persons having the charge or command of any ship or vessel arriving at any port of the United States, or the territories
thereof after the twentieth of May, viz: "In further swear (or affirm) that there are not, to the best of my knowledge and belief, on board, (insert the denomination and name of the vessel) any goods, wares or merchandise, the importation of which into the United States, or the territories thereof is prohibited by law: And I do further swear (or affirm,) that if I shall hereafter discover or know of any goods, wares or merchandise, on board the said vessel, or which shall have been imported in the same, I will immediately, and without delay, make due report thereof to the collector of this district."
Sec. 10. And be it further enacted , That the following addition be made, after the 20th of May, to the oath or affirmation taken by importers, consignees, or agents, at the time of entering goods imported in the United States, or the territories thereof, viz: "I also swear (or affirm) that there are not, to the best of my knowledge and belief, amongst the said goods, wares and merchandise, imported or consigned as aforesaid, any goods, wares or merchandise, the importation of which, into the United States, or the territories thereof, is prohibited by law: And I do further swear (or affirm) that if I shall hereafter discover any such goods, wares or merchandise, amongst the said goods, wares and merchandise, imported or consigned aforesaid, I will, immediately, and without delay, report the same to the collector of this district."
Sec. 11. And be it further enacted , That if either Great Britain or France shall revoke such of her orders, decrees, laws or edicts, as violate the lawful commerce, and neutral rights of the United States, as generally acknowledged by the laws of nations, of which revocation the president of the United States shall give public notice by proclamation, the operation of this act, and also of the act laying an embargo on all ships and vessels in the ports and harbours of the United States, and the several acts supplementary thereto, shall, so far as relates to the nation making such revocation, forthwith cease and determine: Provided, that all penalties and forfeitures which shall have been previously incurred by virtue of this, or of any other act, the operation of which shall so cease and determine, shall be recovered, and distributed in like manner as if the same had continued in full force and virtue: and vessels bound thereafter to any foreign port or place with which commercial intercourse shall, by virtue of this section, be again permitted, shall give bond to the United States, with approved security, in double the value of the vessel and cargo, that they shall not proceed to any foreign port, nor trade with any country, other than those with which commercial intercourse shall have been thus given.
Sec. 12. And be it further enacted , That so much of the act laying an embargo on all ships and vessels in the ports and harbours of the United States, and of the several acts supplementary thereto, as forbids the departure of vessels owned by citizens of the United States, and the exportation of domestic and foreign merchandise to any foreign port or place other than Great Britain or France, or their colonies or dependencies, or places in the actual possession of either, be, and the same is hereby repealed after the fourth day of March: Provided, That all penalties and forfeitures which shall have been previously incurred by virtue of so much of the said acts as is repealed by this act, or which have been or may hereafter be incurred by virtue of so much of the said acts as is repealed by this act, or which have been or may hereafter be incurred by virtue of the said acts, on account of any infraction of the said acts as is not repealed by this act, shall be recovered and distributed in like manner as if the said acts had continued in full force and virtue.
Sec. 13. And be it further enacted , That during the continuance of so much of the act laying an embargo on all ships and vessels in the ports and harbours of the United States, and of the several acts supplementary thereto, as is not repealed by this act, no ship or vessel bound to a foreign port with which commercial intercourse shall, by virtue of this act, be again permitted, shall be allowed to depart for such port unless the owner or owners, consignee or factor of such ship or vessel, shall, with the master, have given bond with one or more securities to the United States, in a sum double the value of the vessel and cargo, that the vessel shall not leave the port without a clearance, nor shall, when leaving the port, proceed to any port or place in Great-Britain or France, or in the colonies or dependencies of either, or in the actual possession of either, nor be directly or indirectly engaged during the voyage in any trade with such port, nor shall put any article on board of any other vessel, and that she shall return to the United States (reasonable time being allowed for performing the voyage) within the time expressed by the bond; nor unless every other requisite and provision of the second section of the act, intitled "An act to enforce and make more effectual an act, intitled "An act laying an embargo on all ships and vessels in the ports and harbours of the United States," and the several acts supplementary thereto," shall have been complied with. And the party or parties to the above mentioned bond shall within a reasonable time after the date of the same, to be expressed in the said bond, produce to the collector of the district from which the vessel shall have been cleared a certificate of the landing of the same, in the same manner as is provided by law for the landing of goods exported with the privilege of drawback; on failure whereof, the bond shall be put in suit; and in every such suit, judgment shall be given against the defendant or defendants, unless proof shall be produced of such relanding, or of loss at sea.
Sec. 14. And be it further enacted , That so much of the act laying an embargo on all ships and vessels in the ports and harbours of the United States, and of the several acts supplementary thereto, as compels vessels licensed for the coasting trade, or boats either not masted, or not decked, to give bond and to load under the inspection of a revenue officer, or renders them liable to detention, merely on account of the nature of their cargo (such provisions excepted as relate to districts adjacent to the territories, colonies or provinces of a foreign nation, as to vessels belonging or bound to such districts,) be, and the same is hereby repealed, from and after the fourth day of March next: Provided, however, That all penalties and forfeitures which shall have been previously incurred by any of the said acts, or which may hereafter be incurred by virtue of the said acts, on account of any infraction of so much of the said acts, as is not repealed by this act, shall be recovered and distributed in like man-
ner as if the same had continued in full force and virtue.
Sec. 15. And be it further enacted , That during the continuance of so much of the act laying an embargo on all ships and vessels in the ports and harbours of the United States, and of the several acts supplementary thereto, as is not repealed by this act, no vessel, licensed for the coasting trade, shall be allowed to depart from any port of the United States, or shall receive a clearance, nor shall it be lawful to put on board any such vessel any species of goods, wares or merchandise, unless a permit shall have been previously obtained from the proper collector, or from a revenue officer, authorized by the collector to grant such permits; nor unless the owner, consignee, agent or factor shall, with the master, give bond, with one or more sureties, to the United States, in a sum double the value of the vessel and cargo, that the vessel shall not proceed to any foreign port or place, and that the cargo shall be relanded in some port of the United States: Provided, That it shall be lawful and sufficient in the case of any such vessel, whose employment has been uniformly confined to rivers, bays and sounds within the jurisdiction of the United States, to give bond in an amount equal to one hundred and fifty dollars, for each ton of said vessel, with condition that such vessel shall not during the time limited in the condition of the bond, proceed to any foreign port or place, or put any article on board of any other vessel, or be employed in any foreign trade.
Sec. 16. And be it further enacted , That if any ship or vessel shall, during the continuance of so much of the act laying an embargo on all ships and vessels in the ports and harbours of the United States, and of the several acts supplementary thereto, as is not repealed by this act, depart from any port of the United States without a clearance or permit, or having given bond in the manner provided by law, such ship or vessel, together with her cargo, shall be wholly forfeited; and the owner or owners, agent, freighter, or factor, master or commander of such ship or vessel, shall, moreover, severally forfeit and pay a sum equal to the value of the ship or vessel and of the cargo put on board the same.
Sec. 17. And be it further enacted , That all penalties and forfeitures arising under or incurred by virtue of this act may be sued for, prosecuted, and recovered with costs of suit, by action or debt, in the name of the United States of America, or by indictment or information, in any court having competent jurisdiction, to try the same; and shall be distributed and accounted for in the manner prescribed by the act intitled "An act to regulate the collection of duties on imports and tonnage," passed the second day of March, one thousand seven hundred and ninety nine, and such penalties and forfeitures may be examined, mitigated or remitted in like manner, and under the like conditions, regulations and restrictions, as are prescribed, authorised and directed by the act intitled "An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities, accruing in certain cases therein mentioned," passed the third day of March, one thousand seven hundred and ninety seven, and made perpetual by an act passed the eleventh day of February, one thousand eight hundred.
The bill was read twice and referred to a committee of the whole on Monday next.
A bill from the senate to incorporate a company for opening the canal in the city of Washington was twice read; and on motion of Mr. Van Horn, was ordered to be read a third time to day, 55 to 29.—The bill was read a third time and passed.
NAVIGATION LAWS.
The bill concerning associations for the security of navigation being about to be read a third time, was, on motion of Mr. Eppes, with the assent of Mr. Dana, postponed till Monday on the ground that it had not received that mature consideration by the house to which the importance of the subject entitled it.
The bill making appropriations for the support of government for the year 1809, was read a third time and passed.
Mr. Love after a few prefatory remarks, offered the following resolution, which was referred to a select committee with leave to report by bill or otherwise:
Resolved, That the laws of the several states shall be regarded as the rules of proceeding on judgments and executions in the courts of the United States, except where the laws of the United States shall otherwise provide.
PUBLICK LANDS.
On motion of Mr. Morrow (O.) the house resolved itself into a committee of the whole on the bill from the senate, for extending the terms of payment for publick lands, Mr. Desha in the chair. The bill being gone through, was reported to the house, and ordered to a third reading.
BOSTON, Feb. 9. WAR-OFFICE DEGREE. FOR THE BLOCKADE OF BOSTON HARBOUR.
The reader may be assured, however much his surprise, that the following is a correct copy of a Decree, issued by the Secretary of War, for blocking the harbour of Boston and Charlestown:
"War Department, Jan. 23, 1809." "SIR—You will please to consider the instructions or requests heretofore received by you from the collector, or his deputy as operative, until further orders, the letter from the Deputy Collector to the contrary notwithstanding. And as no vessel can be cleared out of the port of Boston and Charlestown before a collector shall be appointed, you will endeavour to prevent any vessel departing from that harbour, contrary to law."
"I am respectfully your ob't. serv't." "H. DEARBORN."
"Col. John P. Boyd." This Decree has excited the warmest sensibility of all descriptions of people.—Its detestation is not confined to any political party. In consequence the following Memorial to the Legislature was set on foot yesterday, and signed by thousands of citizens:—[See Memorial in first page.]
SUBSCRIBERS To the BIRTH NIGHT BALL, are requested to apply at the Bar of the Exchange Coffee-House for Tickets of admittance February 20.
NOTES OF HAND,
according to the new form established by the Directors of the office of Discount and Deposit of the Bank of the United States, for sale at this office.

We issue the present number of the Ledger, with more anxiety than we have experienced since the commencement of our establishment, because we do not know that we shall have it in our power to publish again for a week, or ten days. The long continuation of the frost at Baltimore, has deprived us of our regular supply of paper, and all our efforts to procure a supply from other places have failed, and brought us to our last sheet. Our readers will have the goodness to extend their indulgence; the numbers omitted, (if any) shall be made up by extra papers. The late moderate weather, induces us to hope, and expect our supply from Baltimore, in a very few days, perhaps so soon as not to compel us to omit one publication.
When we first understood that the port of Boston, was placed in the situation described in the memorial of the citizens of that place to the Massachusetts legislature, and published in our first page, we were inclined to doubt the accuracy of the report, but private letters from Boston, state as well as the memorial, that the commander of the military force at the castle commanding the harbour, had received orders not to let any vessel whatever depart from the port. These orders have been so rigidly construed, and executed, as not to permit the vessels employed in bringing fire-wood, provisions, forage, &c. for the supply of the town, to depart from the port.
We have no idea, that any subordinate officer would dare to exercise such a power, and we are equally astonished that such an order could have been issued from the highest authority. It is true that the collector and deputy collector of Boston had resigned; but such cases are provided for in the 22d sec. of the act of 2d March 1792, their duties devolving on the Naval Officer, until new appointments are made, and accordingly notice was given by the Naval Officer, upon the resignation of the collector and deputy collector, that their duties would be performed by him. The appointment of General Dearborn for Collector of the port of Boston, having been confirmed by the senate, he is most probably before this time at his post. What instructions he may have received, will be known on his arrival, but it is to be hoped, that a perseverance in a measure calculated to produce so much irritation in minds already too much inflamed, is not contemplated.
Americans, those who are truly so, cannot look without deep anxiety at the state of things in New-England. It is too evident to be concealed, that the state of the publick mind in that section of the union, has reached a point, beyond which it should not be urged, by unnecessary restrictions and encroachments, especially as no advantages appear likely to be gained by them, compared with the evils that may ensue.
It is with astonishment and concern that we notice the irritating, indeed the opprobrious language, which some of the publick prints employ, when speaking of the people of New England. In so many words, they are denounced as traitors to their country, and the slaves to British influence. If there is a part of the United States, where foreign influence can have the smallest operation, it is in New England, for it is well known, that there is not a twentieth part of the number of emigrants, in proportion to their population in those states, as in any other part of the union.
It is from that circumstance, that in New England, a real national character, is more to be observed, than in any other part of America. We very much doubt, if from the commencement of the revolution to the present day, there has been or now is, one publick functionary in New-England, not a native citizen. Does this look like foreigners having any influence in that country? The charge is too ridiculous to impose on any one, it is unjust, and highly impolitic at this moment.
At the same time, that we would recommend the language, and measures of conciliation, we do not say that New-England, ought to be suffered to dictate to the general government of the union, nor can we, from the opinion we have formed of the patriotism and virtue of the people, believe that such is their object or wish. Yet, "man is but man," and it is impossible to know to what he can be driven to.
It is charged upon the Massachusetts Legislature, that, by undertaking to decide upon the constitutionality of the Embargo laws, and more particularly that of the ninth of January, the rights of the union are invaded. We certainly did not expect to hear the right of a state legislature to question the constitutionality of a law of the general government, denied in Virginia. The celebrated Resolutions of the Virginia Legislature of 1798, upon the Alien and Sedition laws, and the report of Mr. Madison at the ensuing session, supporting and confirming the principles contained in the resolutions, are not forgotten. We shall not encroach upon the columns of our paper, by quoting all the resolutions, or any part of the elaborate Report of Mr. Madison, in their support. Having in several preceding resolutions, asserted some general principles, the assembly came to the following resolution:
"That the general assembly doth particularly protest against the palpable, and alarming infractions of the constitution, in the two late cases of the alien and sedition acts, passed at the last session of congress; the first of which, exercises a power no where delegated to the federal government; and which, by uniting the legislative and judicial powers to those of executive, subverts the general principles of a free government, as well as the particular organization and positive provisions of the federal constitution; and the other of which acts, exercises in like manner, a power not delegated by the constitution, but on the contrary, expressly and positively forbidden by one of the amendments thereto; a power, which more than any other, ought to produce universal alarm; because it is levelled against that right of freely communicating publick characters and measures, and of free communication among the people thereon, which has ever been justly deemed the only effectual guardian of every other right."
Another resolution is in the following words: "That the good people of this commonwealth, having ever felt, and continuing to feel the most sincere affection for their brethren of the other states; the truest anxiety for establishing and perpetuating the union of all; and the most scrupulous fidelity to that constitution, which is the pledge of mutual friendship, and the instrument of mutual happiness; the general assembly doth solemnly appeal to the dispositions in the other states, in confidence that they will concur with this commonwealth in declaring, as it does hereby declare, that the acts aforesaid, ARE UNCONSTITUTIONAL; and, that the necessary and proper measures will be taken by each, for co-operating with this state, in maintaining unimpaired, the authorities, rights, and liberties, reserved in the states respectively, or to the people."
Surely it will not be contended that in principle there is any difference between the resolutions of the Legislature of Virginia in 1798, and the Legislature of Massachusetts at this time. There certainly is a difference in the subjects to which the resolutions of the two legislatures were applied. With respect to the Alien and Sedition laws we will use words of the Legislature of Massachusetts of that day, refusing to co-operate with the Legislature of Virginia:
"Least their silence should be construed into disapprobation, or at best into a doubt of the constitutionality of the acts referred to by the state of Virginia; and as the general assembly of Virginia, has called for an expression of their sentiments, do explicitly declare that they consider the acts of congress commonly called "the alien and sedition acts" not only unconstitutional, but expedient and necessary. That the former act respects a description of persons whose rights were not particularly contemplated in the constitution of the United States, who are entitled only to a temporary protection, while they yield a temporary allegiance—a protection which ought to be withdrawn, whenever they become "dangerous to the publick safety," or are found guilty of "Treasonable Machinations" against the government. That congress having been especially entrusted by the people with the general defence of the nation, had not only the right, but were bound to protect it against internal as well as external foes."
"That the United States at the time of passing the "act concerning aliens," were threatened with actual invasion, had been driven by the unjust and ambitious conduct of the French government into warlike preparations expensive and burthensome, and had then within the bosom of the country, thousands of aliens, who, we doubt not, were ready to co-operate in any external attack."
"It cannot be seriously believed, that the United States should have waited till the poignard had in fact been plunged The removal of aliens, is the usual preliminary of hostility, and is justified by the invariable usages of nations. Actual hostility unhappily had long been experienced, and a formal declaration of it, the government had reason daily to expect. The law therefore was just and salutary, and no officer could with so much propriety be entrusted with the execution of it, as the one in whom the constitution has reposed the executive power of the United States."
"The sedition act, so called, is in the opinion of this legislature, equally defensible. The general assembly of Virginia, in their resolve under consideration, observe, that when that state by its convention ratified the federal constitution, it expressly declared, "That among other essential rights, the liberty of conscience and of the press cannot be cancelled, abridged, restrained or modified by any authority of the United States," and from its extreme anxiety to guard these rights from every possible attack of sophistry or ambition, with other states recommended an amendment for that purpose, which amendment was in due time annexed to the constitution; but they did not surely expect that the proceedings of their state convention were to explain the amendments adopted by the union. The words of that amendment on this subject are, "Congress shall make no law abridging the freedom of speech, or of the press."
"The act complained of is no abridgement of the freedom of either. The genuine liberty of speech and the press, is the liberty to utter and publish the truth—but the constitutional right of the citizen to utter and publish the truth, is not to be confounded with the licentiousness in speaking and writing, that is only employed in propagating falsehood and slander. This freedom of the press has been explicitly secured by most if not all the state constitutions; and of this provision there has been generally but one construction among enlightened men: that it is a security for the rational use and not the abuse of the press; of which the courts of law, the juries and people will judge; this right is not infringed, but confirmed and established by the late act of congress."
Here we would observe that the people of Virginia and Kentucky (for Kentucky concurred with the legislature of Virginia) were not denounced as traitors, and partisans of France because their legislatures had opposed the Alien law; for it is to be recollected, that this law was passed at the time our differences commenced with France; the resolutions and report, were passed and made while we were at war; the aliens most contemplated by the law, were the French.
It certainly will not be contended that the alien and sedition laws, could be more alarming to the friends of civil liberty, than the embargo law passed on the ninth of January. In their operation upon the citizens of this country, they were comparatively innocent, and as affecting the interests of the citizens, they deserve not consideration, when compared with the last embargo law.
At a future day, we may give some extracts from the Report which we have mentioned, we think enough has been said to show that the principles and practice of a state legislature deciding upon the constitutionality, and protesting against a law of the general government, are not new, and have not led to disunion or rebellion.
Our Congressional proceedings are to the 12th, but they do not contain any thing of importance, except the report of the Bill for raising the Embargo, and Non-Intercourse, which is given in this day's paper, upon which we have not time at present to offer any remarks.
It will be seen in this day's paper, that accounts from London, via Havanna, have been received at Charleston, to the 17th of December. No details of the operations in Spain are given, generally the result has been against the Spaniards. The
British army had not been engaged. Those who remember our revolution, will not consider a nation conquered, because the enemy has taken the capital.
Arrived in Hampton Roads on Friday last, the Schooner of His Imperial and Royal Majesty the Emperor of France and King of Italy, Le Supérieure , commanded by Monsieur Bouvard, last from Charleston.
Thomas Evans, Esq. has been appointed a Judge under the new Judiciary law, in the counties of Accomack and Northampton.
The British Packet was to have sailed from New-York yesterday.
The nomination of General Dearborn, as collector of the port of Boston, has been approved by the Senate—Yeas 25—Nays 7.
PRESIDENTIAL ELECTION.
   PRES'T. V. PRES'T.   Madison. Monroe. Pinckney. Clinton. King. Adams.    N. Hampshire, 0 7 0 0 7 0  Massachusetts, 0 19 0 0 19 0  Rhode Island, 0 4 0 0 4 0  Connecticut, 0 9 0 0 9 0  Vermont, 6 0 0 0 6 0  New York, 13 0 6 19 0 3  New Jersey, 8 0 0 0 0 0  Pennsylvania, 20 0 0 20 0 0  Delaware, 0 3 0 0 3 0  Maryland, 9 2 0 9 2 0  Virginia, 24 0 0 24 0 0  North Carolina, 11 3 0 11 3 0  South Carolina, 10 0 0 10 0 0  Georgia, 6 0 0 6 0 0  Tennessee, 5 0 0 5 0 0  Kentucky,* 7 0 0 7 0 0  Ohio, 3 0 0 0 3 0  Totals 122 47 6 113 47 9  
* One of the votes of Kentucky lost from the non-attendance of one of the electors.
NEW-YORK, February 9. A letter was received in town yesterday from Antigua, dated the first of January, 1809, which states, that five French frigates had recently arrived at Martinique, and two at Guadaloupe, from France, full of troops and provisions.
A gentleman arrived in Boston on Sunday evening who left New London, on Saturday afternoon, and informs that the brig Eliza , of New York, arrived at that place from Antigua—a gentleman who came in her, reports that he left Martinique on the 4th December, at which time there were 30 sail of English ships off the island for an intended attack; that he stopped at Antigua, and sailed from thence January 4; that news had just arrived from Barbados, that general Prevost had arrived at Lucia, with 4000 men—and that a general attack was fixed for the 7th Jan. and in all probability would be successful.
CHARLESTON, February 10. LATEST NEWS.
Extract of a letter from a gentleman at Havanna, to his correspondent in this city, dated January 26, received by the Diana .
"I am truly sorry to inform you that by the arrival yesterday of the ship Fortune , from Liverpool (which place she left the 20th ult.)—the news from Spain is of a very disagreeable nature. Buonaparte is at the head of his armies, which appear to be victorious in all directions; he has separately beat Castanos, Blake, and the marquis Romana, all of whom seem to be retreating towards Madrid, as do the English (who have not yet come into action) under Sir John Moore, Baird, and Hope.—How all this happened I cannot conceive, for our numbers ought to be four times as great as the French, but they had not concentrated their forces, and this man (who is the devil himself) has taken advantage of it, and in his usual way, has beat them in detail, one after another. One of his bulletins says, that he is within sight of Madrid, and I should not be surprised to learn that he had taken it. The London papers reach to the 17th December."
February 11. The editor of the Havanna Aurora cautions his readers against giving full credit to the reports which were in circulation of the disastrous state of the patriotick cause in Spain. The accounts which were published in the London papers to the 12th December, he says, were copied from the French Bulletins, and therefore must be received with great allowance. He adds, the success of the French is always exaggerated and very often is totally unfounded. It is within the recollection of every person, that at the moment when Dupont was surrendering his army to the victorious patriots, the French official papers, were filled with accounts of his successes, against the Spanish insurgents as they arrogantly called them.
For our own parts, however, we fear there is too much reason to believe these accounts of the success of the French to be correct. The same paper contains a statement of the patriotick forces in Spain: General Castanos' army is composed of 18,000 men; Gen. Palafox's 75,000, the Marquis de la Romana, 90,000 and an army of Reserve of 140,000 men.
Translated for the Courier , from the Havanna Aurora of the 28th January.
LONDON, December 18. The government has published the following declaration upon the negotiation proposed by Russia and France.
"The proposals made by the government of Russia and France have not terminated in any negotiation; and as the correspondence is concluded, his majesty thinks it immediately to make public the result. The continual appearance of a negotiation after seeing that it was absolutely impossible to obtain a peace, would only be advantageous to the
enemy. It would offer to France an opportunity to sow discord and jealousies in the councils of those who are united to resist oppression, and the illusive prospect of a peace between Great Britain and France could only be prejudicial to those nations which groan under the tyranny of French alliance, or those which preserve a vicillating and precarious independence, if among them there should be one which is actually wavering between the inevitable ruin of a prolonged inactivity, and the consequent risks of an effort to liberate itself.—The proposals would hold out the vain hope that they might be permitted to renew their tranquility, or would alarm them with the fear of remaining alone in the contest. His majesty was fully persuaded that this was the principle object of France in the proposals that were made to him from England, at a time when such terrible consequences would result from the decision of peace or war, both from its importance and the uncertainty of the result. His majesty saw the necessity of investigating, if it were possible, the views and designs of the enemy. It was difficult for his majesty to believe that the emperor of Russia should so blindly have delivered himself up to the violence and ambition of that power, with whom his Imperial Majesty has unfortunately allied himself; that he should be disposed to assist openly in the usurpation of the Spanish monarchy, and to acknowledge and defend the rights which France has arrogated to herself; to depose and imprison the royal family, and to compel them by force to transfer to her the oath of fidelity of an independent nation; therefore, when it was proposed to his majesty to enter into a negotiation for a general peace, in concert with his allies, and to treat either on the basis of the Uti possidetis , which until now has been a subject of so many disputes, or on any other basis whatever, compatible with justice, honour, and equality; his majesty determined to oppose to this feigned candour and moderation, a candour real and sincere, on his part.
His majesty declared he was ready to enter into the negotiation in concert with his allies, and therefore communicated to them immediately the proposals which he had received. But as his majesty was not leagued with Spain by a formal treaty of alliance, he judged it necessary to declare, that the engagements which he had contracted in the face of the world with that nation, he considered not less sacred nor less obligatory on his majesty, than the most solemn treaties; that his majesty would negotiate in concert with the Spanish government, in the name of his Catholic majesty Ferdinand VII. The answer given by France to this proposal of his majesty discovered immediately the veil which was used to cover its schemes, and showed at once, the arrogance and injustice of that government. To the Spanish nation in general, they have applied the degrading title of Spanish insurgents, and the demand of the admission of the Spanish government as a party in the negotiation, was thrown aside as inadmissible and insulting!—His majesty has received, with as much astonishment as sorrow, the answer of the Emperor of Russia; and although to the same effect, is less indecorous in its tone and manner.—He characterizes as an insurrection, the glorious efforts of the Spanish people in favour of their legitimate sovereign, and in defence of the independence of their country; and has sanctioned by the authority of his imperial majesty, an usurpation which has not its equal in the history of the world. His majesty would readily have embraced the opportunity of a negotiation that would have presented some hope or prospect of a peace compatible with justice and honour. His majesty regrets extremely any thing which will aggravate and prolong the sufferings of Europe; but neither the honour of his majesty, nor the generosity of the British nation will permit him to commence a negotiation by abandoning a loyal and brave people, who are fighting for the preservation of all that is most dear to men, and whose efforts, in a cause so notoriously just, his majesty has obligated himself most solemnly to support.
“Westminster, Dec. 15, 1808.” Gazette Marine Memoranda.
ARRIVED. Schooner Richmond Packet, Lefort, 48 hours from New-York—On Thursday off the Cape of Delaware, spoke schooner Rising States, Gilbert, 6 days from this port bound to New-York.
For Sale or Charter, The fastsailing brig ANN ELIZABETH, burthen about thirteen hundred barrels, in complete order for the reception of a cargo. For terms apply to John Brown, Menden's Wharf.
FOR CHARTER, The good Ship PLANTER, Richard Beard, master, burthen 300 tons, or 400 hogsheads tobacco, now in complete order, and may commence loading if required. Apply to Donaldson, Thorburn, & Co. February 20.
FOR CHARTER, The Ship ANNAWAN, Edward M. Donaldson, master, burthen 200 tons, manned and ready for the reception of a cargo. Apply to MOSES MYERS. Who has for Sale, 9000 bushels INDIAN CORN. February 20.
Two Dollars Reward.
STOLEN out of the Dock at the rear of the wharf lately occupied by Mr. A. Maclure.
A CARVEL BUILT BOAT, 18 feet long, can row five men, has a new set of thole, painted fresh colour, and has a ring bolt in stem and stern; she was seen on Friday last at Hutchings wharf. Whoever will give such information to the Finder, so that she is recovered, shall receive the above reward. February 20.
By virtue of a deed in trust from Bartholomew Tate, to satisfy a debt due to James Henderson, WILL BE SOLD before the door of the Raleigh Tavern, in this City (Williamsburg) on Thursday the 2d of March next, for ready money.
A Likely Mulatto MAN, who has been accustomed to work in a Carriage Maker's Shop, and also other property. Robert Saunders, Trustee. Feb. 13.

We will dispose of the CARGO of the American Ship Jane, consisting of Prime Tobacco; Tobacco Stems; and Upland Cotton—and Charter the said S. & IP on liberal terms.
C. & F. WHITTLE. Who offer for Sale, 1000 hhds. Richmond and Petersburg TOBACCO, of superior quality, carefully selected, 27. 00 feet MAHOGANY, 6000 bushels coarse SALT, suitable for the fisheries. The Ship ELIZA, when 420 hogsheads Tobacco, is offered for Charter. February 15.
For NEW ORLEANS. The American Ship ELIZABETH, 300 tons burthen, Timothy Tuffs, Master, in complete order, will be ready to depart the 25th inst. For freight or passage apply to the captain on board, or to G. & F. Whittle. Who are Landing per Gould's packet, a parcel of Choice Baltimore WHISKEY. NEGROES will be taken in the above vessel at a moderate freight. an. 4.
FOR SALE. The CARGO of the British ship Highlander, from Liverpool, 450 Ton Stoved SALT, 30 Crates WARE. Robert Dickson. February 15.
FRESH SHOES. E. STURTEVANT, Has Received per Schooner Reliance, a fresh Supply Ladies' Morocco SLIPPERS & Fls. ALSO, 19 Boxes CHOCOLATE. February 11.
WANTED TO PURCHASE. VIRGINIA BANK STOCK, For which Cash will be given. AND FOR SALE. A few cases LINEN. Apply to the Printer. February 15.
For Sale, by the Subscriber, 50,000 weight of Navy BREAD, 20,000 Superior Flour, do. 3,000 Ship, do. Also, 250 quarter barrels CRACKERS, 400,000 well burnt BRICKS, 2,000 Barrels STONE LINE. Stephen Harris. PILOT BREAD of superior quality for family use.
Boot and shoe Manufactory. SAMUEL COLEMAN, Opposite the Market (westward) has received by captain Hand, from Philadelphia, a quantity of the Highest Priced Boot Legs, Vamps, Tops, and other Materials, for his Factory—He has also Seal Leather, which has been in tan seven years; with these, the best workmen he can get, and the greatest care and punctiliousness, he believes the people of this place and its vicinity, may be as well served as by any factory in the union. His Stock at present is as good as this country can furnish, and he intends to use no other kind, the price of course must be higher, and when the Boots go the money must come, having found in a number of instances that a few days means six or twelve months, and an application even then for the money is ample cause of enmity. He has on hand a large assortment of BOOTS and SHOES.
SALT, LONDON PORTER, &c. &c. Fresh SHOES from New-York for Ladies, of red, green, and black Morocco, with 1, 2, and 3 tics. JOURNEYMEN WANTED. The best Boot and Shoe Makers, not only such as can, but such as will do the best work in all cases, may meet with much encouragement in our factory, as in any in this state, for any state in the union north of this. October 3.
FOR RENT. A Convenient Dwelling House on the Main-Street, near the Bridge, next door to Mrs. Archer. Also, That commodious House on Catharine-street, at present occupied by Mr. James Dykes, adjoining the subscriber; they have excellent gardens, and all convenient out-houses. Also, A very convenient Dwelling-House, just finished, on Commerce-street. For terms apply to James Tucker. August 15.
JOHN PENDREY'S Boot and Shoe Manufactory, No. 70, MAIN STREET. The public are respectfully informed, that he has furnished himself with a quantity of the choicest materials in his line of business, and has in his employ some of the best workmen in the borough, and having been long experienced in the business himself, his factory will not be conducted by proxy; he therefore hopes to meet the patronage of the gentlemen of Norfolk and its vicinity, and assures them that no pains shall be wanting on his part to give satisfaction to those who favour him with their commands. N. B. Orders for Double Backstraps, single do. and Cords, executed with the greatest despatch. August 1.
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, selected Salt-Petre, Hardham's Snuff, No 9, and 37, in 1-2 and 1-4 pound canisters, Violet, Bergamot, Windsor and Shaving Soap, Evan's best Crown Lozenges, 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. SPANISH HIDES. One Thousand SPANISH HIDES,—For Sale, by Wm. Plume, & Co. January 23.
Eagle Fire Company of New-York. Office of the Company, No. 59, Wall Street. PROPOSALS For Insuring Houses, Buildings, Stores, Ships in Harbour, Goods, Wares, and Merchandise. FROM LOSS OR DAMAGE BY FIRE.
THE Legislature of the state of New-York, having incorporated the Eagle Fire Company of New-York, with a capital of five hundred thousand dollars, (with the liberty of increasing the same, if the business of the company should require it, to one million of dollars,) for the sole purpose of insuring buildings, and every kind of personal property from loss or damage by FIRE; and the capital of five hundred thousand dollars having all been paid, or secured to be paid, according to law, the directors feel a particular satisfaction in offering to their fellow-citizens, throughout the United States, the means of security against that kind of loss which frequently, in an UNEXPECTED MOMENT, involves in destruction the earnings of a life of industry and frugality, and ruins the independent and affluent, together with their families, to poverty and distress. To provide an additional guard against calamities of this nature, has been the primary motive of this INSTITUTION; and the directors engage to conduct its concerns, with a fairness, candour and integrity, which will justly entitle it to the confidence and patronage of the publick. No insured person will be liable to make good the loss of others; but in case of fire, the sufferer will be fully indemnified. The Company also make good losses on property burnt by lightning.
Classes of Hazards, and Rates of Annual Premiums for Insurance against Fire. No I. HAZARDS OF THE FIRST CLASS. Brick or Stone buildings, covered with slate, tiles, or metal. Goods hazardous, and not hazardous, contained in such buildings. 62 1/2 cents per 100 dollars per annum, for sums not exceeding 10,000 dollars in one risk. No II. HAZARDS OF THE SECOND CLASS. Brick or Stone buildings, covered with wood. Goods hazardous, and not hazardous, contained in such buildings. 93 3/4 cents per 100 dollars per annum, for sums not exceeding 10,000 dollars in one risk. No III. HAZARDS OF THE THIRD CLASS. Buildings, the sides of which are part of brick or stone, and part of wood. Goods hazardous, and not hazardous, contained in such buildings. 125 cents per 100 dollars per annum, for sums not exceeding 10,000 dollars in one risk. No IV. HAZARDS OF THE FOURTH CLASS. Buildings, the sides of which are entirely of wood. Goods hazardous, and not hazardous, contained in such buildings. 125 cents per 100 dollars per annum, for sums not exceeding 10,000 dollars in one risk. This may be insured against Fire, Ship in Port, or their Cargo, Ships Repairing or Building, maybe insured against Fire. This manner of insuring hazards will give a general idea of the rates of insurance, but there will necessarily be an increase of premium in all cases where the local situation, and other circumstances, increase the risk: such as joining, or being so situated to wooden buildings, or buildings occupied in carrying on hazardous business—distance from water—no gages or firemen in the town or place, &c. &c. The premiums may also, in some cases, be reduced on wooden buildings in the country, when standing single or detached, or attended with circumstances of peculiar security:—But in all cases, if the sum to be insured on or in the same building exceeds 10,000 dollars, an additional premium will be required. Snap Boilers, Tallow Chandlers, Brewers, Maltsters, Bakers, Rope Makers, Sugar Refiners, Distillers, Chymists, Varnish Makers, Stable Keepers, Tavern Keepers, China, Glass, or Earthenware Sellers, Oil and Colourmen, Turpentine Works, Paper Mills, Printing Houses, Coopers, Carpenters, Cabinet Makers, Coach Makers, Boat Builders, Ship Chandlers, Apothecaries, Theatres, Mills and Machinery, and all Manufactories that use Fire Heat, are deemed extra hazardous, and must be particularly described in the policy; and for all such risks an additional premium will be required.
Conditions of Insurance. I All applications for Insurance must be made at the office of the company, in writing; and the subject offered for insurance accurately described. II If the property offered for insurance is within the district of a surveyor of this company, he will examine and report thereon; but if not within any such district, then the applicant must himself furnish an accurate and just description thereof, viz of what materials each building is constructed; whether occupied as private dwellings, or how otherwise; where situated; the name of the present occupiers; how situated with respect to other buildings. And in the insurance of goods, wares and merchandise, the place where the same are deposited, is to be described; also, whether such goods are of the kind denominated hazardous, and whether any manufacturing is carried on in the premises, all which is to be entered and attested in such manner as the nature of the case may admit. And if any person or persons shall insure his or their buildings or goods, and shall cause them to be described in the policy otherwise than they really are, so as the same be charged at a lower premium than is hereby proposed; or if such description be false or fraudulent, such insurance will be void and of no effect. III Goods held in trust, or on commission, are to be declared as such; otherwise the policy will not extend to cover such property. IV Every Policy of Insurance, made by this Company, shall be sealed with its seal, and signed by the President and Secretary; and the person for whose interest the insurance is made, must be declared and named therein; nor can any Policy, or interest therein, be assigned but by consent of the Company, expressed by endorsement made thereon. V No Insurance will be considered as made or binding, until the Premium is paid. VI Persons insuring Property with this Company, and who have already made other Insurance on the same property, shall give notice thereof in writing, at the Company's Office, before, or at the time of the execution of the Policy; and persons who, after insuring Property with this Company, have Insurance made on the same property elsewhere, shall, with all reasonable diligence, notify the same in writing at the Office of the Company, and have the same endorsed on the policy, or otherwise acknowledged in writing; in default whereof, the Policy shall cease, and be of no effect; and in case of loss, each party insuring shall be liable to the payment of a ratable proportion of the loss or damage which may be sustained. VII No loss or damage by fire will be paid, that may happen or take place in consequence of any invasion, civil commotion, riot, or military or usurped power whatever. VIII Books of Accounts, Written Securities, Notes, Bills, Bonds, Deeds, Ready Money, or Bullion, cannot be insured. IX Jewels, Plate, Medals, or other Curiosities, Paintings and Sculptures, are not included in any insurance, unless such articles are specified in the policy. X All persons insured by this Company, sustaining any loss or damage by fire, are forthwith to give notice to the Company, and as soon after as possible, to deliver in as particular an account of their loss or damage, signed with their own hands, as the nature of the case will admit of, and make proof of the same by their oath or affirmation, and by their books of accounts, and other proper vouchers, as shall be reasonably required; and shall make oath, whether any and what other insurance is made on the same property; and shall procure a certificate, under the hand of a magistrate, notary public, or clergyman, most contiguous to the spot where the fire happened, and not concerned in such loss, that they are acquainted with the character and circumstances of the person or persons insured; and do know, or very likely believe, that he, she, or they, really, and by misfortune, and without fraud or evil practice, have sustained by such fire, loss and damage to the amount therein mentioned; and, until such affidavits and certificates are produced, the loss shall not be payable:—Also, if there appears any fraud, or false swearing, the claimant shall forfeit his claim to restitution, or payment, by virtue of his policy. XI In case any difference shall arise, touching any loss or damage, it may be submitted to the judgment of Arbitrators, indifferently chosen, whose award in writing shall be binding on the parties. And when any loss or damage shall happen, the company shall pay for the same in sixty days after the loss shall have been ascertained and proved, without allowance of discount, fees, or any deduction whatever. XII Insurance may be made for seven years, by paying the premium for six years, and for a less number of years than seven, a reasonable discount will be allowed.
The Subscriber being appointed Surveyor for the Eagle Fire Company, upon application, will survey, and value, such buildings, (or property contained therein) upon which Insurance may be required. Francis Foster, Church-Street, Norfolk. Feb 13.
Norfolk Borough: At a Hastings Court continued and held the 24th day of July, 1805. John Dixon and Sarah his wife, John Allen and Frances Keeling his wife, and Anne Moore Valentine at infant under the age of twenty one years by the said John Dixon her guardian and next friend,—Complainants; Against Jacob Valentine, administrator of the goods and chattels of John Valentine, deceased, unadministered by Anna Valentine, the former administratrix,—Defendant; THIS suit abates as to the complainant, John Dixon, by his death—The attachment awarded against the defendant being returned executed, and he having failed to file his answer—On the motion of the complainants, it is decreed and ordered that master commissioner Cowper, examine, state and settle an account of the slaves and other personal estate of John Valentine, deceased, which came into the hands of the defendant Jacob Valentine, and report any matters specially that either party may require. A Copy, Teste, William Sharp, C.C.
THIRD NOTICE. THE parties in this cause are desired to take notice, that I have appointed the third Tuesday in the next month February, being the 21st of the month, to carry the above order into execution, on which day at 10 o'clock in the forenoon, the said parties are requested to attend at my office. JOHN COWPER, M.C. of Norfolk Borough Court. Commissioner's Office, Jan. 27. 1809.
Norfolk Borough, At a quarterly session in court held the 28th day of November, 1808. The Marine Insurance Company of Norfolk, Against Felix Corran, Michael Corran, Noble and Arbuthnot, & co. and Theodrick Armitstead, Defendants. In Chancery. THE defendant Felix Corran not having entered his appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this Commonwealth, on the motion of the plaintiffs by their counsel, it is ordered that the said defendant Felix Corran do appear here on the fourth Monday in February next and answer the bill of the Plaintiffs, and that a copy of this order be forthwith inserted in one of the news papers printed in this Borough for eight weeks successively, and posted at the front door of the courthouse of said Borough: and it is further ordered that the defendants Michael Corran, Noble and Arbuthnot, & co and Theodrick Armitstead, who have effects of the said Felix Corran in their hands do not pay, convey away or secrete such effects, but retain them until the further order or decree of this court. A Copy, (Teste,) Wm. Sharp. c. c. Dec. 2.
FOR SALE, The CARGO of the Schooner Cervo, D. Mourande, Master, from St. Jago de Cuba, COFFEE, in Barrels and bags, of the first quality. SEGARS, in boxes— Now Landing at Commerce-Street Wharf. John Granbery. January 23.
REMOVAL. THE SUBSCRIBERS have removed to the end of Newton's Wharf, to the house lately occupied by Mr. Myers. JENNINGS & RODDEY. January 11.
NOTICE. THE Partnership of T. & W. A. ARMISTEAD is this day dissolved by consent of parties. The settlement of its concerns devolve on W. A. ARMISTEAD, who is authorised to grant discharges, and on whom all persons having claims against the Firm, are requested to call. January 5. W. A. Armistead and George Kelly, have entered into Co partnership. Their business will be conducted under the Firm of ARMISTEAD & KELLY. January 16.
LOST, Certificates for Stock in the Bank of Virginia, as follows: 4 SHARES in the name of William Pennock, 2 do. in the name of Sarah C. Pennock, 2 do. in the name of Courtney Pennock, 2 do. in the name of William H. Pennock. TEN SHARES; for which ten shares application will be made for renewals, according to law. William Pennock. January 9.
A BARGAIN OFFERED. In a fine and Valuable FARM, in the County of Princess Anne. THE Subscriber is disposed to sell his Plantation called LEVEL GREEN, situated in the county of Princess Anne. It contains about 500 acres; and, as it may be advantageously divided into two or three Farms, the subscriber will accommodate a purchaser, in selling either the whole or a part. He will also give a long credit. This tract of Land is certainly the most desirable in the county, lying on the Eastern branch of Elizabeth River, and distant from Norfolk Market only five or six miles by water, and 8 or 9 by land—The soil is excellent, about one half of the tract being cleared land, and fit for immediate culture; the other heavily timbered with Oak, Pine, Ash, and Hickory. It has also the advantage of several good landings—Any one disposed to view the land, and to purchase, may apply, in the absence of the subscriber, to JAMES ROBINSON, or JOHN READ, who reside in the neighbourhood. Tully Robinson. Dec 7.
AT PRIVATE SALE, 4,000 bushels Turk's-Island SALT, 20 hhds. LOAF SUGAR. By Sol: Marks, jr. Dec. 30.
FOR SALE BY THE SUBSCRIBER, The CARGO of the Ship Lawden from Liverpool, viz 7,000 bushels STOVED SALT, 7,000 do. COARSE do. 1,000 Sacks FINE do. A. MACLURE. January 23.
FOR SALE In our Ware-House, where the largest vessels can come alongside, 15,000 bushels of CORN, 2000 do. do. white, 30 bales Cotton. Also, 4000 bushels coarse SALT, 150 sacks Ground Alum do. 45 hogsheads old Antigua Rum, do. Jamaica do. 40 hogsheads Sugar, 80 barrels do. A few casks excellent Port Wine, Coffee in hogsheads, Madeira Wine, 45 crates Earthenware, Tobacco from several inspections. GEO. MURRAY, & Co. September 9.
COWPER & GRAY HAVE A LARGE TRACT OF PRIME JUNIPER SWAMP, Adjoining the Lake—which they wish to lease for the term of five years. Terms will be made known on application to G. Gray in Suffolk, or W. Cowper, in Gates, Suffolk, Jan 9.
Phenix Fire Office No. 13, MARKET-SQUARE, NORFOLK. INSURANCE UPON SHIPS. NOTICE is hereby given that the following premiums only, will henceforward be charged by this company for insurance from fire upon Ships, Vessels, and all Water Crafts, and also upon Cargo on board, in the seaports and rivers of Virginia and North-Carolina. One month 12 1/2 cents per $100. Two do. 20 do. do. Three do. 25 do. do. Four do. 30 do. do. Five do. 35 do. do. Six do. 40 do. do. Seven do. 45 do. do. Eight do. 50 do. do. Nine do. 55 do. do. Ten do. 60 do. do. Eleven do. 65 do. do. Twelve do. 70 do. do. The above premiums will be charged for any sum not exceeding 40,000 dollars in one risk; but a separate sum must in all cases be specified on the ship and another on the cargo. Richard Taylor, Agent. Dec. 19.
FOR SALE, 3000 bushels Turk's-Island SALT Now on board the Sloop Juliana, Capt. Stowe. Also, 21,000 feet MAHOGANY, A few puncheons Old Antigua Rum, New do. Molasses, Sugars, Indian Meal in barrels. John Granbery. September 21.
75 barrels Rye WHISKEY, Landing this day from Walker's Packet. In STORE, Coarse SALT, Blown ditto, loose and in Sacks, St. Kitt's SALT in hhds and bbls. ditto MOLASSES, Prime Green COFFEE, Havana MOLASSES, EARTHENWARE, well assorted, CLARET of superior quality in cases, MADERA WINE, DEMIJOHNS, Philadelphia PORTER—in wood. RICE in tiers and half tiers, Prime PORK—city inspection, Richmond TOBACCO, Petersburg do. TAR PITCH, &c. &c. &c. All of which we will dispose of on liberal terms. C. & F. Whittle. Jan. 25.
THE SUBSCRIBER Wishes to Sell, and will Sell or Rent on moderate terms, That very excellent Wharf and Lot, in the town of Gosport, at present occupied by William Smith; the Wharf, Ware-Houses, and Dwelling-House are all in good repair. Thirteen Lots in the Town of Suffolk; And the following Property in Norfolk, Two good Fire-Proof Warehouses on the Eastern side of Commerce-Street, Nos 4 and 6. Two Dwelling-Houses and Lots on Boush-street, in good repair, and very pleasantly situated. Apply to John Granbery. September 14.
TURKS ISLAND SALT. 3000 bushels Turks Island Salt now on board the brig Alert, captain Hatchard, from Turks Island, for sale by William Pennock. Dec. 21.
THE Subscriber having taken Mr. A. MARR into partnership, in his Nursery & Kitchen Garden business, who has been regularly bred in the different branches of the Nursery, Floral and Botany line—The business will in future be carried on to the greatest extent that the situation will support—they have on hand at their Nursery near Norfolk, an assortment of 20,000 Trees, among which are thirty six different kinds of Apples. Likewise, Ornamental Trees, Flowering Shrubs, Myrtles, &c. &c. &c. all of which will be sold on moderate terms for cash or country produce. Adam Lindsay. Hermitage, 13th February. N. B. Those who intend planting Orchards, ought to prepare the ground, as the season in five weeks from this is as late as fruit trees can with safety be removed in this climate. 1aw3w
NORFOLK: PUBLISHED THREE TIMES A-WEEK, BY WILLIAM DAVIS, FOR THE PROPRIETOR, Opposite the Exchange Coffee-House. Price Six Dollars Yearly, in advance.