Norfolk gazette and publick ledger (Norfolk [Va.]), 1809-03-10 00:00:00

NORFOLK GAZETTE AND PUBLICK LEDGER.  SINT HIC ETIAM SUA PRÆMIA LAUDI.
[VOL. V.
FRIDAY EVENING, MARCH 10, 1809.
NO. 95.]
THE SHIP WILLIAM P. JOHNSON, Peter Le Breton, master, burthen 400 hogs heads tobacco, is offered for Charter. Apply on board, or to
Christopher Fry.
March 6.
FOR SALE. A fine new Pilot-Boat SCHOONER, of 100 tons burthen, will finish rigging in a few days.
ALSO, The HULL and SPARS, of one about the same size, of similar construction.
ALSO, A full built SCHOONER, of 123 tons, or 1100 barrels; the above vessels now lying at Gorman's wharf.
ALSO, A New Pilot Boat SCHOONER, of 120 tons burthen, now on the stocks, will be launched in a week.
ALSO, A VESSEL, of 40 tons, of very superior materials and construction, building in Mathews, and can be launched in three weeks. For terms apply to
Wilson & Cunningham.
March 6.
FOR CHARTER, The good copper bottomed Ship AMERICA, Isaac Stone, master, burthen 380 hogsheads.
The Brig MARY PIKE, Capt. James Meyer, about 240 hogsheads burthen, a fine vessel, now on her first voyage.
And for SALE or CHARTER, the fast sailing copper-bottomed Schooner MOHAWK, 900 barrels burthen, all ready to receive cargoes. Apply to the respective captains, or to
Christopher Fry.
March 3.
FOR CHARTER, The Ship CLEOPATRA, John Johnson, master, burthen 376 tons, and will be ready to receive a cargo in a few days. This Ship is almost new and remarkably well built—Apply to the master on board, or the subscriber,
William Pennock.
Who has still unengaged, The Ships Jane, Industry, and Courtney.
And offers for Sale. 10,000 cubick feet of Pitch PINE
Savannah TIMBER, 25 to 35 feet long, and 12 to 15 inches square. 50,000 Rough Hogshead STAVES, 17,000 Daws, Pips, do 10 Casks HOOKS and THIMBLES, 16 Hogsheads very fine Old TOBACCO, and 93 Boxes Castile SOAP.
March 2.
The Sloop PHŒBE, Joseph Kelly, master, burthen 550 barrels, a good vessel and fast sailer, would take a freight if offered soon. Apply to the master on board, or to
Christopher Fry.
March 3.
FOR NEW-ORLEANS, The Brig Louisiana Packet, O. Wheelock, master, will sail in 10 or 15 days—For freight or passage (having excellent accommodations,) apply to
JENNINGS & RODDEY.
February 27
For Sale, or Freight to New-York. The fine new Pilot built Brig PATRIOT, Richard Pitt, Master, burthen about 190 tons, now ready to receive a cargo. For terms apply to
Wilson & Cunningham.
February 23
FOR SALE, The Schooner LYDIA, Burthen about 1000 barrels,
AND The Brig NANCY, Burthen from 1300 to 1400 barrels. Both of these vessels are well found; the former now ready to receive a cargo, and the latter will be so in all this week.
JAMES YOUNG.
February 23.
For Sale or Charter, The fast sailing brig ANN ELIZABETH, burthen about thirteen hundred barrels, in complete order for the reception of a cargo. For terms apply to
John Brown, Marsden's Wharf.
Feb. 20.
FOR NEW-ORLEANS, The American Ship ELIZABETH, 300 tons burthen, Timothy Tufts, Master, in complete order, will be ready to depart the 25th inst. For freight or passage apply to the captain on board, or to
C. & 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.
Jan. 4.
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,
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. I. P. 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, burthen 420 hogsheads Tobacco, is offered for Charter. February 15.
The CARGO of the Portuguese Ship Amelia, Capt. Wm. G. Nunes, from the Isle of May, consisting of
Loose SALT; 800 Goat SKINS, 300 Brazil HIDES; 35 Cape de Verd Islands do 5 pipes London particular Madeira WINE, in hogsheads and quarter casks. Fresh WALNUTS in barrels.
For Sale by
Oliveira, Fernandes, & Co.
500 ton Blown SALT, 100 casks EARTHENWARE, 1 trunk COTTON GOODS, being the cargo of the British ship Aurora, just arrived from Liverpool—For Sale on liberal terms by
C. & F. Whittle.
March 6.
BANK NOTES LOST.
R. No. 805, U. S. Office Discount and Deposit, Norfolk, payable to Robert Taylor, President, or bearer, and dated 7th October, 1808, for dollars. 100 S. 842, ditto 7th October, 1808, for 100 G. 901, ditto 6th January, 1804, for 50
I do certify that the Notes mentioned in the foregoing list, were on the day instant enclosed by Mr. Warner L. Wormeley, under cover, sealed with the initials W. L. W. on red wax, and directed to "Doctor Elisha Hall, Fredericksburg," that the letter was put into the package for Fredericksburg, which was made up the night before; but the mail not arriving, the bundle (at Mr. Wormeley's request) remained until this morning, when the package was tied and put into the postmistress's, which was, in the presence of Mr. Wormeley, locked and delivered to the carrier.
John Chew, P. M.
URBANA, 26th February, 1809. Middlesex, ss. JOHN CHEW, this day made oath before me, a magistrate for said county, to the truth of the above certificate, in due form. Given under my hand the 26th March, 1809.
Henry Heffernan.
Any person to whom the above Notes, or any of them may be offered, is requested to stop them, and give information to Mr. Warner L. Wormeley, of Urbana; Dr. Elisha Hall, of Fredericksburg, or
Warren Ashley.
Landing on Commerce-Street wharf, from on board the British Brig Point Shares, from Havana, 239 boxes SUGARS,
57 hogsheads } Prime Muscovado Sugar, 14 barrels } 112 bags GREEN COFFEE —For Sale by
Moses Myers.
March 3.
Received per Schooner Combine,
500 Groce BUTTONS, assorted. Superfine BLUE CLOTHS, Factory COTTON, do. common. Playing Cards (best,) do. common. Spermaceti OIL for lamps—
Also, Ladies' Morocco TIES and SLIPPERS, first quality, &c.
For Sale by
E. Sturtevant, No. 77, Main-Street.
March 3
NOTICE.
As I am obliged, by the low state of my health, to decline carrying on business, I will sell my STOCK on hand, consisting of SALEABLE GROCERIES, which will be an object worthy the attention of any person wishing to commence the Grocery Business, as I am inclined to sell the whole on reasonable terms.
The purchaser may also obtain the Store now occupied by me, on a reasonable rent from Mr. John Methal, which is well calculated for extensive business, being fitted for a Store and Dwelling-House, and inferior to no stand in the place.
I earnestly request those indebted to me to settle their accounts as soon as possible, so as to enable me to discharge my debts.
ANGUS MARTIN.
February 23.
MACKINDER & WHITE, Offer for Sale for Cash or approved Notes, 2,500 barrels NAVAL STORES,
3,500 bushels coarse SALT, 8,000 bushels INDIAN CORN, 1,250 barrels Superfine FLOUR, 130 bales Georgia Up and COTTON, 28 do. New Orleans do 100 barrels Smithfield and Carolina PORK, 52 crates well assorted EARTHENWARE, 40 chests and 20 boxes Tyson & Young Hyson TEA.
ALSO A general assortment of Dry Goods. September 27. Mif
DOCUMENTS Presented by the Committee appointed on the third inst. "to enquire whether any moneys have been made to the commander in chief of the army, by the department of war, contrary to law, and if any, to what amount."—February 22, 1809. Read, and ordered to lie on the table.
DEPARTMENT OF WAR. Accountant's Office, February 13, 1809.
SIR—In obedience to your request as chairman of a committee of the honourable House of Representatives, I have the honor to enclose the following statements and copies of documents, in relation to the allowances and advances of money and of supplies received through the department of war, by brigadier general James Wilkinson, since the passage of the act of March 16, 1802, viz:
 Statement (A) of moneys allowed, and of supplies received by brigadier general Wilkinson, since the passage of the act of 16th March, 1802, in his capacity as brigadier general.  Statement (B) shewing the moneys allowed and paid to brigadier general Wilkinson, as Indian commissioner, from 12th July, 1801, to 1st June, 1804.  Statement (C) shewing the expenses incurred by gen. Wilkinson, and governor W. C. Claiborne, as commissioners for taking possession of Louisiana.  Statement (D) copy of the account of James Wilkinson, as brigadier general, taken from the books of this office, since 16th March, 1802. 
Documents connected with statement (A.)
 No. 1. Copy of a letter from the secretary of war to the comptroller of the treasury.  2. Copy of a letter from the comptroller of the treasury to the accountant war department.  3. Copy of a letter from the accountant to the comptroller of the treasury.  4. Copy of the opinion of the attorney-general.  5. Copy of the account of brigadier general James Wilkinson, for extra allowances of rations, &c. from the 13th September, 1806, to 24th May, 1807. 
Documents connected with statement (D) and a summary of the statements marked (A) (B) (C) and (D.)
 6. Copy of a letter from the accountant war department to brigadier general James Wilkinson, dated 28th February, 1808.  7. Copy of a letter from the same to the same, dated 23d March, 1808.  8. Copy of a letter from the same to the same, dated 16th November, 1808. 
All which are respectfully submitted. I have the honour to be, very respectfully, Sir, your most obedient servant, WM. SIMMONS, Acct. Dep. War. The honourable JOHN RANDOLPH, Chairman of a committee of the House of Representatives United States.
(A) Statement of moneys which have been allowed and paid to brigadier general James Wilkinson, and the objects of such allowances and payments since 16th March, 1802, over and above the pay of 225 dollars a month, prescribed and limited by the 4th section of the act of congress of that date, and of the supplies which have been furnished to him in his capacity as brigadier general.
June 11, 1805. For pay, subsistence and forage received by general Wilkinson, from March 16, 1802, to May 31, following, that being the date to which that portion of the troops in the vicinity of the general, were paid up to under the old establishment by an arrangement of the war department, His pay agreeably to the act of March 16, 1802, at 225 dollars per month, during the same period, would have amounted to,
566 13
Difference, * 41 41
January 13, 1809. For the following allowance of 2,033 dols. 16 cts. made him by the secretary of war, which was disallowed at this office on the principle of its being contrary to law of the 16th March 1802, fixing his allowance as brigadier general, and for reasons more fully detailed in my letter to the comptroller under date of the 10th January, 1809, and afterwards admitted by the accounting officers of the treasury, on the opinion of the attorney general of the 9th January, 1809, viz.
For extra allowance of 36 rations per day at Natchitoches, from the 13th to the 30th September 1806, 18 days at 17 1-2 cents per ration, 113 40
For ditto, at said place from 1st October to 11th November, 1806, 42 days, 2016 rations at 18 cents, 272 16
For ditto, at New-Orleans from 12th November, 1806, to 24th May, 1807, 194 days, 9312 rations at 15 cents, 1,047 60
For an allowance of quarters, stables, &c. when on command in New-Orleans, for which he received no compensation, from 25th November, 1806, to the 24th May 1807, 6 months, at 100 dollars per month, 600
2,033 16
NOTE.—Subsequent to the 31st May 1802, the pay of general Wilkinson at the rate of 225 dollars per
* From this difference it appears, that under the federal administration, the pay of a Brigadier, was about thirty dollars per month more than was allowed by the act of March 1802, made by the friends of economy. What the federal administration allowed, was given openly. Editor.
mth, has been received through the pay-master of the army.
Supplies which have been furnished general Wilkinson and charged to his account, as contrary to the law of the 16th March, 1802, viz.
May 31, 1806. For amount paid by Major Hook, captain and assistant military agent, for a New-Orleans boat, to transport the general and his family, 100 68
For amount paid by ditto, for painting said boat and for an arming and other materials, 88 97
For amount advanced him by ditto, for transportation of his baggage from Washington city, Baltimore and Philadelphia to Pittsburg, 262 96
May 1, 1807. For amount paid by lieut. Wm. Pratt, assistant military agent, for transportation of his baggage from the rapids on Red River to Natchitoches, 25
April 30, 1808. For supplies made him by requisition on captain George Peter, assistant military agent at Fort M'Henry, which have been passed to the credit of Wm. Linard, military agent, and now brought to the debit of the general, he not being entitled by law to any part thereof, viz.
Eight cords of wood for November and December, 1807, 54
Forage consumed by his horses at Fort M'Henry, out of that purchased for the publick horse, as well as on his own orders, per letter of captain Peter, 10
Dec. 13, 1808. For the following articles furnished on his requisitions agreeably to the certificate of Abraham D. Abrahams, military agent at New-Orleans, viz.
 8 Cords of wood in 1806, at 5 dols. 50 cts. 44  96 bushels corn, 72 75  11 barrels shelled corn, at 3 dols. 33  75 do. in the cob, at one dollar, 75  10 do. do. at 1 dol. 50, 15  2 do. shelled, 34. 50, 7  5 loads of hay, 12 dols. 60  61 1-4 cords wood, 5 dols. 50, 336 87  1 hoe, 1 garden rake and 3 lines, 5 50  1 stove complete, 25  5 trunks to pack paper in, 27 
701 12 Dec. 13, 1808. For two cords of wood furnished at Carlisle, by Richard Parker, contractor, 22d September, 1808, at 2 dols. 50, 5
1,247 73
Dollars, 3,328 30
DEPARTMENT OF WAR, Accountant's Office, February 13, 1809.
WM. SIMMONS, Acct. Dept. War.
No. 1.
Copy of a letter from the Secretary of War, to the Comptroller of the Treasury.
WAR DEPARTMENT, January 6, 1809. Sir—Having understood that the accountant of this department has doubted the legality of an allowance I had, with the approbation of the president of the United States, directed to be made to general Wilkinson, as commanding officer at New Orleans, and its dependencies, I take the liberty of stating the facts, and the authority under which the allowance has been made.
In the 5th section of the act fixing the military peace establishment, passed March 16, 1802, the president is authorized to allow the commanding officers of posts, such additional number of rations as he shall deem proper.
The commanding officer at New Orleans has been allowed treble the ordinary number of rations for an officer of his rank, with quarters, &c. and it has been agreed that general Wilkinson should be allowed an addition of treble the ordinary number of rations allowed to a brigadier general, together with an allowance for quarters. In the compensation general Wilkinson receives by law, as brigadier general, the usual rations were estimated: But it is presumed that this cannot justify him from an extra allowance under circumstances, which, in the opinion of the president of the United States, would entitle any other officer to an extra allowance of rations: This allowance to him for quarters at the expense of the United States, is nothing more than what is granted to all other officers according to their respective grades, although there never has been any law for furnishing officers or soldiers with quarters, any more than for tents or fuel; but universal usage and the necessity of the case have long since sanctioned the practice. I shall not consider it expedient to give any other reasons on this subject to the accountant, than those already given; but have thought it my duty to make this statement to you, to aid in any opinion you may please to give.
I am, very respectfully, your obedient servant, (Signed) HENRY DEARBORN.
To the comptroller of the treasury.
DEPARTMENT OF WAR, Accountant's Office, February 13, 1809.
The foregoing is a true copy. WILLIAM SIMMONS, Ac. War Dept.

No. 2. TREASURY DEPARTMENT, Comptroller's Office, January 9, 1809. Sir—The account which you will herewith receive was included to me in a letter from the secretary of war, of which a copy is also sent. As the accounting officers of the treasury are authorized to revise settlements made in your office, and not to decide on claims in the first instance, it is necessary that you should admit or disallow the claim, in order that it may be finally decided on in this department. It is therefore submitted to your decision. I am, sir, Respectfully, Your obedient servant, (Signed) G. DUVAL. William Simmons, Esq.
DEPARTMENT OF WAR, Accountant's Office, February 9, 1809. The within is a true copy. WILLIAM SIMMONS, Accountant Department War. No. 3. DEPARTMENT OF WAR, Accountant's Office, January 10, 1809. Sir—The account of brigadier general James Wilkinson, covered by your letter of the 9th inst. to be acted upon in this office, had been some days before exhibited to me for allowance, and was objected to, because I conceived the claim expressly prohibited by law.
The 4th section of the act fixing the military peace establishment, passed the 16th March, 1802, contains the following clause: "And be it enacted, that the monthly pay of the officers, non-commissioned officers, musicians and privates, be as follows, to wit: to the brigadier general, two hundred and twenty-five dollars, which shall be his full and entire compensation, without a right to demand or receive any rations, forage, travelling expenses, or other perquisite or emolument whatsoever, except such stationery as may be requisite for the use of his department." Now the claim of brigadier general Wilkinson, being for thirty-six rations per day at Natchitoches, from 13th September, 1806, to 11th November, following, and at New Orleans, from 12th November, 1806, to 24th May, 1807, and for quarters, stables, &c. at the latter place, from 25th November, 1806, to 24th May, 1807, I have of course conceived as I have above stated, that its allowance was prohibited by law.
The clause contained in the 5th section of the above act, authorizing such additional number of rations to the commanding officer of each separate post, as the president of the United States may direct, I did not conceive was intended to include the brigadier general, after the prohibitory clause contained in the preceding section, and such must have been the opinion heretofore held by others; for I found on that colonel Cushing received double rations, as commanding officer at Natchitoches for the great part of the time charged by the general at that place, and that lieutenant colonel Freeman and colonel Cushing, received triple rations at New Orleans, together, including nearly the whole period charged by the general at the latter place, and in no instance in my recollection have double rations been allowed to two officers for the same period, at the same post. Indeed the clause of the section last referred to, would seem to forbid it; because it limits the direction of the president of the United States, to the allowance of additional rations to the commanding officers of each separate post.
The item for quarters, stables, &c. while at New Orleans, in my opinion, is also prohibited by the 4th section of the act first mentioned, and in conformity with this opinion held by me ever since the passing of this act, I have uniformly charged to the personal account of gen. Wilkinson, all sums paid by agents of this department, for fuel, forage, transportation, &c. for his use, and at this time his account stands charged with a considerable amount composed of such items, as well as other monies of long standing, unaccounted for.
Under these impressions, I do not feel myself authorized to admit any part of the account, and therefore return it herewith, to be revised by the accounting officers of the treasury as suggested in your letter. I have the honour to be, &c. (Signed) WILLIAM SIMMONS. G. Duval, Esq., comptroller of the treasury. DEPARTMENT OF WAR, Accountant's office, February 13, 1809. The above is a true copy. WILLIAM SIMMONS.
No. 4. Washington, Jan. 10, 1809.
SIR—The case referred to me for my opinion as stated in your note of the 6th inst. is not free from difficulty. At first view it presented serious embarrassment. On mature reflection however, I concur in the opinion you have formed. The fourth section of the act of the 16th of March 1802, declares, "That the monthly pay of the officers, non-commissioned officers, musicians and privates, be as follows, to wit: to the brigadier general, two hundred and twenty-five dollars, which shall be his full and entire compensation, without a right to demand or receive any rations, forage, travelling expenses or other perquisite or emolument whatsoever, &c." These expressions are broad and comprehensive, and if taken alone would exclude the allowance granted. But to put a just interpretation on any clause contained in a statute, you must look beyond the insolated section. The entire act must be taken into view, and such a construction formed as will give effect to every part.
Though in relation to other commissioned officers this section provides only for their pay, yet in the case of the brigadier general, it fixes a certain sum, as his full and entire compensation for pay, rations, forage, travelling expenses and any other perquisite or emolument, to which by virtue of his office, and in his capacity of brigadier general, he may be entitled. The terms perquisite and emolument are well understood. A perquisite means something gained by a place or office over and above its settled wages. An emolument is any advantage or profit arising from the particular office held.
The scale assumed by congress when they fixed the monthly pay of the brigadier general at two hundred and twenty-five dollars, as a full and entire compensation, included no doubt a just estimate of the usual allowance for rations, forage, and travelling expenses to an officer of that grade. If this section established only his monthly pay, and as in the case of other commissioned officers, the act had positively fixed and ascertained in subsequent sections the allowance for rations, forage, &c. it would have amounted, I apprehend, to the same thing as it does at present. Those officers for whose pay, rations, &c. provision is made, in this manner, are, I conceive, as completely excluded thereby in their respective capacities, considered merely as officers of a certain grade in the ordinary line of duty, from additional compensation in any shape, as the brigadier general in his distinct and substantive quality as such, by the expressions in relation to his monthly pay being a full and entire compensation. When a statute declares positively that an officer shall receive a certain pay and precise number of rations, &c. the affirmative expressions imply and import a negative, that he shall not receive any more, than what is thus limited and prescribed. The law thus fixes his full and entire compensation by specifying particularly every article of which it shall consist.
Notwithstanding this, it will be conceded that officers are entitled to quarters and to fuel in proportion to their rank when the army goes into winter quarters; or to tents when encamped. When marching by land with the army or proceeding by water, the wagons or vessels proper for transporting their necessary baggage or camp furniture would be provided at the publick expense, and would not be deducted from their compensation. This I believe to be the universal usage and custom.
The allowance made to general Wilkinson, is not in his capacity of brigadier general, but in his quality of commander of a separate post. By the 5th section of the act above mentioned the president is authorized to allow to the commanders of separate posts, such additional number of rations as he may from time to time think proper to direct, having respect to the special circumstances of each post. Officers of different grades may be ordered by the president as commander in chief to different posts. The brigadier general as well as a colonel or other inferior officer, may the importance of a particular post may point him out to the president as the most suitable person. He is obliged when ordered to repair to the place, a situation the least desirable. His command is limited to the defence and protection of the post assigned. I can perceive no solid distinction in reason or common sense between his case and that of any other officer. They are equally subject to the superior control of the commander in chief and must obey when he orders. The births may not be those of their own seeking. In this new capacity or peculiar office, congress have thought proper to vest in the president a discretion on the subject of rations. By virtue of this power the president through you as his regular organ, has thought proper to allow gen. Wilkinson whilst commanding at "New Orleans, treble rations." In doing this I understand he has followed the example set in similar cases, and particularly the precedent established in the instance of col. Freeman who commanded at the same post. Upon the best consideration I have been enabled to give the case I believe the practice to be correct and legal.
Yours very respectfully, (Signed) C. A. RODNEY. The secretary of war. DEPARTMENT OF WAR, Accountant's Office, February 13, 1809. The above is a true copy. WILLIAM SIMMONS, Accountant of war department. No. 5.
The United States, to General James Wilkinson, Dr. To extra allowance of 33 rations per day at Natchitoches, from 13th to 30th September, 1806, being 18 days, 864 rations at 17 cents 5 mills per ration, 113 40 To do at Natchitoches, from 1st October, to 11th November, 1806, inclusive, being 42 days, 2,016 rations at 18 cents per ration, 272 16 To do at New Orleans, from 12th November, 1806, to 24th May, 1807, being 194 days, 9,312 rations at 15 cents per ration, 1,047 60 To allowance for my quarters, stables, &c. when on command in New Orleans, for which I have received no compensation, from the 25th November, 1806, to 24th May, 1807, inclusive, being six months at 100 dollars per month, 600 Dolls. 2,033 16 JAMES WILKINSON. HENRY DEARBORN. Admitted, Treasury Department, January 11, 1809.
The within account has been admitted by the secretary of the war department, with the approbation of the president of the United States, under the fifth section of the act of the 16th March, 1802, and is sanctioned by the opinion of the attorney general, and may therefore be passed to the credit of general Wilkinson, in the books of the accountant for the department of war. G. DUVAL, Comptroller. R. HARRISON, Auditor. Department of War, Accountant's Office, February 13, 1809. The above and foregoing is a true copy. WILLIAM SIMMONS, Accountant of War Department. [To be continued.]
MEMORIAL. To the honourable the Senate and House of Representatives of the United States. The Memorial and Remonstrance of the Legislature of Massachusetts.
When the government of a free people is felt to be oppressive on the community; when its measures appear to originate in imperfect conceptions of the interests of the whole, or inattention to the important concerns of any considerable portion; a decent respect for the opinions of their fellow-citizens, and a just sense of their own rights, require of that part of the society which feels oppressed or alarmed, a prompt and explicit declaration of their opinions.—Such a course of proceeding, by producing early and frequent public discussions, is calculated to support all such measures as are wise and expedient; and on the other hand furnishes a seasonable opportunity for the government to abandon all such as are found to be impracticable or injurious; it is calculated at once to silence the murmurs of the people if they are unfounded, and to remove all their just causes of complaint.
The citizens of Massachusetts are firm and zealous in the vindication of their rights; but their habits and their principles equally forbid a resort to violent, disorderly, or unconstitutional means for that purpose. They indulge a pride in the belief that the constitutions of government under which they live are so framed, as to afford a peaceable remedy, for every grievance to which they may be subjected. They have accordingly by petitions from various parts of the state, expressed to the president of the United States, their sentiments on the oppressive operation, and destructive tendency, of the embargo laid on their ships and vessels, in December, 1807. This legislature also, in the same spirit have heretofore endeavoured through their senators and representatives, to communicate to the government of the United States, their opinions and views of the system of policy lately adopted and pursued by the administration. They have seen with regret that these peaceable and respectful efforts have not produced any relaxation of the rigorous measures complained of; but that on the contrary, it has been thought proper to enforce the embargo by a late act, exceeding in severity all that preceded it: an act, which if continued in operation will, as we apprehend, not only complete the destruction of the commercial prosperity, but prove highly dangerous to the public liberty, and domestic peace, of this people. This legislature have also felt the most serious alarm from perceiving the other measures, lately proposed and contemplated in the congress of the United States.—At this awful and momentous crisis we ought not to affect ignorance of those events, which on ordinary occasions, a sense of decorum might forbid our noticing. It would be a base dereliction of duty, if at such a moment as the present, we should permit a too scrupulous regard to mere forms to prevent our attempting every thing possible for the security of our constituents, and for the peace and happiness
of our common country. This legislature therefore with the plainness and sincerity which becomes the representatives of a free people, and with all the respect which is due to the honourable body which they address, do present this, their solemn remonstrance, against the course of measures which is now oppressing this part of the United States.
Commerce has been one of the chief employments of the people of New England from the first settlement of the country; and their success has promoted and abundantly rewarded the labours of agriculture. This latter in its turn has extended and encouraged commerce; and from the joint operation of these causes, New England, without any peculiar local advantages, has constantly and rapidly increased in wealth, prosperity, and power. If however the advantages of commerce were less obvious and less important, yet the habits of the country so long and firmly established, could not be suddenly changed, without producing consequences the most distressing and destructive. Our husbandmen and mariners cannot by any act of government be converted into manufacturers; nor will our merchants and mechanics ever consent to abandon their cities, and retire from the sea shore, to clear up and cultivate the wilderness.
The history of the world has demonstrated that even the most despotic governments have hardly ever succeeded in changing the habits of a great people; and most certainly in a free country it cannot be attempted with any prospect of success. The measures adopted by the British government, to interdict or control our commerce, were among the most powerful causes of the revolution. The power of establishing commerce is enumerated in the declaration of our independence, among the essential rights of sovereignty; and in the articles of confederation, trade, religion and the sovereignty of the states, are mentioned as the three principal objects, which that compact was intended to protect. In the present constitution of the United States, while the government are entrusted with a greater and more adequate power for the protection and extension of commerce, the caution and jealousy of the people have imposed various restrictions on that power.—The government are prohibited from imposing any tax or duty whatever on exports, lest in virtue of that authority, they might in any degree embarrass the exportation of our produce. The people have manifested a similar disposition in other articles of the constitution: and if at the time of framing and adopting that instrument, any question had arisen as to the extent of the power, or the duty of the government in this particular; there can be no doubt that a clause would have been inserted, most explicitly declaring the interests of commerce to be one of the principal inducements for forming the union, and its encouragement and defence to be among the first duties of the government; while the right to annihilate or obstruct it would have been explicitly denied. For a long time after the establishment of this government, the fisheries, navigation and trade of the country were protected and widely extended. They furnished almost the whole revenue of the United States, and encouraged universal industry.—When in the year 1794, the commercial rights of the nation were assailed by Great-Britain, the immortal Washington, by dignified, fair and impartial negotiation procured for his country ample compensation for past injuries, and security against future aggressions. In the year 1798, our government under similar circumstances attempted in the same manner to obtain from France, indemnity for outrages, and a recognition of our rights; and when fair negotiation was found to be fruitless, they did not hesitate immediately to adopt measures of defence, becoming an independent and powerful people. The success of these wise and patriotick measures, and the universal satisfaction manifested by the people in their effects, seemed to have decided forever the true policy of the United States. But in the year 1806, when our commercial rights were again attacked by the same nation, which had but imperfectly atoned for her injuries in 1798, and in a manner more unwarrantable, insolent, and outrageous, than before, the people expected that the government would have recourse to the same policy which had formerly been crowned with such signal success.—Instead of prompt and vigorous measures of defence, they have seen the government retire from the conflict; and by annihilating their whole foreign commerce, tacitly confess, that they are unwilling, or unable, to protect it. This apparent inability or indisposition to resist aggression, has furnished an pretence to another prince, to retaliate on his enemy through our unprotected rights. Thus the United States are placed in a situation, unprecedented it is believed in the history of the world, being involved at the same moment in serious controversies with two most powerful nations, who are themselves at war with each other.
The interdicted of foreign commerce for an indefinite period, by perpetual laws, is justly considered as a total annihilation of it. The people of this country are not accustomed to class among their rights, such enjoyments and privileges as depend on the will of any set of men whatever: under such circumstances they would cease to be the rights of a free people.
Yet it is obvious that the acts laying an embargo have suspended their commercial rights; and if those acts are constitutional, these rights can never be restored without a concurrent act of all the branches of the federal government. The events now passing at the seat of government strongly exemplify the force of this remark. If one branch of the legislature, should be unanimously inclined to remove the embargo, and even if the other branch should concur, yet the president of the United States may prevent the passing of an act for such a purpose: and if afterwards only twelve members of the senate should adopt his policy and unite in supporting his measures, the embargo must remain in force. Most certainly the people of this country never intended to subject to the discretionary power of thirteen men, one of their most essential and invaluable rights.—If the existence, or the apprehension, of war would justify a temporary embargo, the spirit of the constitution, would demand that it should be imposed for a short and definite period; so as to require from time to time the same concurrence of opinion to continue it, which is now required for its removal.
In the act of congress passed on the ninth day of January last for enforcing the preceding embargo act, this legislature see with extreme pain a perseverance in the system, which has proved so injurious to the country. But they are still more alarmed from examining some of the provisions of this act, which appear to them hostile to the dignity and independence of this commonwealth, and subversive of the civil liberty and constitutional rights of its citizens. They see there, the rights of individuals subjected to the arbitrary will of an executive officer, instead of being defined and secured by standing laws; secret and variable instructions and orders of the president, entitled to equal respect with the laws of the land: an indefinite and almost unlimited authority given to the officers of the customs, without any warrant from a civil magistrate, to search for and seize the property of the citizens; excessive sums required of men who are not even charged with any offence; and excessive fines and penalties imposed; individuals exposed to losses and penalties, for actions which were lawful at the time of committing them; and the benefits of a trial by jury in many cases virtually denied. If any citizen who is aggrieved should apply for redress to the laws and judicial courts of the commonwealth, their processes
may be impeded, their officers resisted, and their authority put at defiance, by the standing army of the United States under the command of any inferior officer, empowered by the president. Thus whenever a petty officer shall be found hardy and adventurous enough to exercise the authority conferred by this act, the sovereignty and independence of the state will be humbled in the dust; or its government must vindicate by force its dignity and its honour, and may be consequently involved in a civil war.
This legislature cannot review without the most painful emotions the measures of the general government, which they have here been considering. They cannot without the most gloomy apprehensions, contemplate the probable consequences of a perseverance in those measures. They are constrained respectfully, but most unequivocally, to declare their conviction that the several laws before referred to, which interdict the foreign commerce of the United States, and which have imposed numerous embarrassments on the coasting trade, must have originated in a misconstruction of the Federal constitution; that they are contrary to the spirit and intention of that instrument; and are not warranted by any of the powers therein given by the people to the congress of the United States. In the hope of preventing any further evil consequences from these measures, and with the most ardent desire to preserve inviolable the constitution of these states, and to remove every source of discontent and jealousy among the different members of the union, this legislature do solemnly remonstrate against the several acts of congress for imposing and enforcing the embargo; and do earnestly request your honourable body to take the same into your most serious consideration, and by repealing them to restore this people to their former enviable state of Freedom, prosperity, and happiness.
It is impossible to contemplate the repeal of the several acts relating to the embargo, without considering the various substitutes for this measure, which have been proposed, and which are now before the publick. This legislature feel bound to express the strong and decided opinion they entertain on this subject, before any of these proposed measures shall be adopted. The expression of this opinion is required by a just sense of their own rights, and those of the state they represent; and also by a due regard to the sentiments and feelings of their constituents, which are well known to the individuals of this legislature, &c which are so strongly displayed in the numerous petitions and memorials daily arriving from all parts of the commonwealth.
The prohibition of all intercourse with France and Great-Britain and their respective dependencies, would probably prove fruitless and inefficient, from the extreme difficulty of enforcing its observance; and would thus serve to bring into contempt the laws and government of the country: or if enforced, it would impose embarrassments on commerce, nearly as fatal as the obstructions created by the present embargo. It would soon become a restriction only on the orderly and well disposed part of the community; and would furnish opportunities and inducements to the officers of government, by occasional indulgence and connivance, to promote the interests of their personal or political friends. But in another view of this measure, it appears still more serious and alarming. It is obvious that if the embargo was removed, our citizens would have but little intercourse with France or her dependencies. The total disregard of the laws of nations, and the obligation of treaties, manifested by that government; the seizure and detention of neutral property in all parts of her dominions; the unprecedented decrees against neutral commerce promulgated at Berlin, at Milan, and at Bayonne; would deter our citizens from adventuring in commerce with her subjects.—The proposed non-intercourse therefore would in effect apply solely to Great-Britain. The natural tendency of this measure which is undoubtedly foreseen if not intended by some of its advocates, would be to involve the nation in war with Great-Britain, a measure which would necessarily produce a fatal alliance with France.
The project of arming our merchantmen to resist seizures by either of the belligerents, appears to manifest a spirit, which when excited in a just cause will always be warmly approved and vigorously supported by the people of Massachusetts. They cannot cease to lament, that some portion of this spirit had not been exhibited in resisting the first outrage on our rights, by the Berlin decree of November, 1806. If our government had at that time expressed a strong sense of this outrage on the nation, and a firm resolution to vindicate and maintain its rights, they would have been cordially and zealously supported by men of all political parties. This project if adopted now without limitation, however it may be intended by those who propose it, would speedily and inevitably lead to a war with Great-Britain.—France has comparatively few cruisers on the ocean, which is covered by the ships of her enemy. Our vessels would seldom be encountered by those of the former power, while hardly one would escape those of the latter. All our actual collisions would necessarily be with Great-Britain, who would thus be made to appear to be the only aggressor; and when the public sensibility was excited by those causes, the dictates of reason, of justice, and sound policy, would cease to be regarded. It cannot be too often repeated that such a war would necessarily involve a destructive alliance with France; an alliance which experience has shewn to be more fatal than any war; and which is universally dreaded throughout this part of the United States, as highly dangerous to the independence of the nation, and hostile to the liberties of the world.
The legislature of Massachusetts express without reserve their sentiments on the conduct of the two belligerent powers of Europe. They cannot be restrained by the audacious and unfounded insinuation, that the people of New-England are influenced by undue partiality to either of those powers. They repel with indignation this slanderous aspersion, which cannot be believed even by those who propagate it. It is refuted by the well known spirit and patriotism of this people; it is disproved by the annals of our revolutionary war, and by our whole history to the present day. This state was among the first to resist the encroachments of the British government at that time; her citizens still retain the same spirit to oppose unjust aggressions from whatever quarter they may be attempted. While they cultivate this spirit, the pledge of their liberties and their independence; they cherish also those moral habits and religious principles, which distinguished their ancestors, the first settlers of this country.—While vindicating their own rights, they are admonished candidly to examine, and religiously to respect, the rights of others. They can never cordially engage in any contest which does not appear to them necessary to the honour and the essential interests of their country; nor can they appeal with confidence to the god of armies, in a war which does not appear to them to be just.
With these impressions the legislature of Massachusetts, have deliberately examined the several documents respecting the foreign relations of the United States which were published by congress for the information of the people. They have impartially weighed and considered the dates, and the contents of the maritime decrees and orders of France, and Great-Britain, affecting the commerce of the United States, and the dispositions of those two governments as manifested in their correspondence with our publick ministers. The numerous

and repeated aggressions on the part of France, displayed in these documents, are as injurious to the honour of the nation as to the interests of the citizens; violating at once the sacred obligations of our treaty with that government, and the established principles of the law of nations. The remonstrances and complaints of our minister appear to have been treated with contemptuous silence, or answered only with new outrages; and he seems at last to have abandoned all hope and expectation of influencing that government by diplomatic representations; and to have left it to the wisdom and the spirit of the United States, to adopt such other measures as may be necessary to cause their rights to be respected. While France shall maintain this contemptuous indifference, and these hostile dispositions, it appears hardly possible to attempt any accommodation with her, which shall not tarnish the honour, and endanger the independence of our country.
On the part of Great-Britain, there appears from those documents to be a disposition to cultivate a good understanding with this country. They have manifested a strong desire to make atonement and compensation for injuries that were even unauthorised, and unintentional; and to adjust the respective rights and claims of the two nations on such a basis as shall prevent future collisions. If these dispositions on her part are sincere, and we do not see in these documents, any reason to question their sincerity, they should undoubtedly be met by a correspondent disposition on our part. They certainly furnish an opportunity to attempt a negotiation, without any sacrifice of honourable sentiment or independent feelings; and this legislature have great confidence, that such a negotiation, conducted in a fair, impartial and candid manner, would speedily restore harmony between the two countries. In considering the different decrees and orders of France and Great-Britain, it is obvious that those of the former have been uniformly first in order of time and most injurious in their nature. But even if these nations were, as has been sometimes asserted, on the most perfect equality in this respect, and if the conduct of each furnished such a cause of war as would leave only the choice of our adversary, every motive of policy would induce the United States to select France for her enemy. Without condescending to calculate with precision the comparative ability of these two nations to injure and annoy this country, the present state of the world should decide our choice. In one event, we should have the satisfaction of aiding in that glorious struggle now carried on in Europe against the tyranny of France; and of assisting to maintain the cause of that brave and gallant nation which has lately thrown off the yoke of her oppressor; and which was among the first to promote our exertions in a like cause. In the other case, we should immediately be arrayed on the side of France; we should necessarily aid the gigantic strides of her emperor towards universal domination, and assist in annihilating the independence of nations and the freedom of the world.
IN SENATE, Feb. 17, 1809. Read and accepted. Sent down for concurrence. HARRISON G. OTIS, President. House of Representatives, Feb. 18, 1809. Read and concurred. TIMOTHY BIGELOW, Speaker.
From the United States' Gazette. [It will be in the recollection of our readers, that some years since, and during the period in which Mr. McKean was governor of this state, an act was passed by our legislature, authorising and enjoining the governor of the commonwealth to call out the militia to prevent the execution of a decree of the district court of the United States, for the Pennsylvania district, in the case of Olmstead and others vs. Rittenhouse's executors . Since that time the case has been before the supreme court of the United States; and we now publish the decision of that tribunal, by which it may be observed, a peremptory order of that court has been made, and the decree of the district court will unquestionably be enforced. Serious consequences, we fear, will result from this collision between the United States and the state of Pennsylvania.]
Gideon Olmstead and Others vs. Rittenhouse's Executors. With great attention and with serious concern, the court has considered the return made by the judge for the district of Pennsylvania, to the mandamus directing him to execute the sentence pronounced by him in this case, or to show cause for not so doing. The cause shown is, an act of the legislature of Pennsylvania passed subsequent to the rendition of this sentence. This act authorizes and requires the governor to demand for the use of the state of Pennsylvania the money which had been decreed to Gideon Olmstead and others, and which was in the hands of the executors of David Rittenhouse, and in default of payment to direct the attorney general to institute a suit for the recovery thereof. This act further authorizes and requires the governor to use any further means he may think necessary for the protection of what it denominates "the just rights of the state," and also to protect the persons and properties of the said executors of David Rittenhouse deceased, against any process whatever issued out of any federal court in consequence of their obedience to the requisition of the said act.
If the legislatures of the several states may at will annul the judgements of the courts of the United States and destroy the rights acquired under those judgements, the constitution itself becomes a solemn mockery and the nation is deprived of the means of enforcing its laws by the instrumentality of its own tribunals. So fatal a result must be deprecated by all; and the people of Pennsylvania, not less than the citizens of every other state, must feel a deep interest in raising principles so destructive of the union, and in resisting consequences so fatal to themselves.
The act in question does not in terms assert the universal right of the state to interpose in every case whatever, but assigns as a motive for its interposition in this particular case, that the sentence the execution of which it prohibits, was rendered in a cause over which the federal courts have no jurisdiction.
If the ultimate right to determine the jurisdiction of the courts of the union is placed by the constitution in the several state legislatures, then this act concludes the subject; but if that power necessarily resides in the supreme judicial tribunal of the nation, then the jurisdiction of the district court of Pennsylvania over the case in which that jurisdiction was exercised ought to be most deliberately examined; and the act of Pennsylvania with whatever respect it may be considered, cannot be permitted to prejudice the question.
In the early part of the war between the United States and Great Britain, Gideon Olmstead and other citizens of Connecticut, who say they had been carried to Jamaica as prisoners, were employed as part of the crew of the sloop Active , bound from Jamaica to New-York, and laden with a cargo for the use of the British army in that place. On the voyage they seized the vessel, confined the captain, and sailed for Egg harbour. In sight of that place the Active was captured by the Convention , an armed ship belonging to the state of Pennsylvania, brought into
*Upon this subject see Governor Snyder's Message to the Legislature of Pennsylvania in our paper of Monday.
port, libelled, and condemned as prize to the captors. From this sentence, Gideon Olmstead and others, who claimed the vessel and cargo, appealed to the court of appeals established by congress, by which the sentence of condemnation was reversed; the Active and her cargo condemned as prize to the claimants, and process was directed to issue out of the court of admiralty commanding the marshal of that court to sell the said vessel and cargo, and to pay the net proceeds to the claimants.
The mandate of the appellate court was produced in the inferior court, the judge of which admitted the general jurisdiction of the court, established by congress, as an appellate court, but denied its power to control the verdict of a jury, which had been rendered in favour of the captors, the officers and crew of the Convention , and therefore refused obedience to the mandate, but directed the marshal to make the sale, and after deducting charges to bring the residue of the money into court, subject to its future order.
The claimants then applied to the judges of appeals for an injunction to prohibit the marshal from paying the money arising from the sales, into the court of admiralty, which was awarded and served upon him, in contempt of which, on the 4th of January, 1778, he paid the money to the judge, who acknowledged the receipt thereof at the foot of the marshal's return.
On the 1st May, 1779, George Ross, the judge of the court of admiralty, delivered to David Rittenhouse, who was then treasurer of the state of Pennsylvania, the sum of 11,496. 8s. 9d. in loan office certificates, which was the portion of the prize money, to which that state would have been entitled had the sentence of the court of admiralty remained in force. On the same day David Rittenhouse executed a bond of indemnity to George Ross, in which after reciting that the money was paid to him for the use of the state of Pennsylvania, he binds himself to repay the same, should the said George Ross be thereafter compelled by due course of law to pay that sum according to the decree of the court of appeals.
These loan office certificates were in the name of Matthew Clarkson, who was marshal of the court of admiralty, and were dated on the 6th November, 1778. Indents were issued on them to David Rittenhouse, and the whole principal and interest were afterwards funded by him in his own name under the act of congress making provision for the debt of the United States.
Among the papers of David Rittenhouse was a memorandum made by himself at the foot of a list of the certificates mentioned above, in these words:
"NOTE. The above certificates will be the property of the state of Pennsylvania, when the state releases me from the bond I gave in 1778, to indemnify George Ross esquire, judge of the admiralty, for paying the 50 original certificates into the treasury, as the state's share of the prize."
The state did not release David Rittenhouse from the bond mentioned in this memorandum. These certificates remained in the private possession of David Rittenhouse who drew the interest on them during his life, and after his death they remained in possession of his representatives, against whom the libel in this case was filed for the purpose of carrying into execution the decree of the court of appeals.
While this suit was depending, the state of Pennsylvania forbore to assert its title, and in January, 1801, the court decreed in favour of the libellants; soon after which the legislature passed the act which has been stated.
It is contended that the federal courts were deprived of jurisdiction in this cause by that amendment of the constitution which exempts states from being sued in those courts by individuals. This amendment declares "that the judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States, by citizens of another state, or by citizens or subjects of any foreign state."
The right of a state to assert as plaintiff any interest it may have in a subject which forms the matter of controversy between individuals in one of the courts of the United States, is not affected by this amendment, nor can it be so construed as to oust the court of its jurisdiction, should such claim be suggested. The amendment simply provides that no suit shall be commenced or prosecuted against a state. The state cannot be made a defendant to a suit brought by an individual, but it remains the duty of the courts of the United States, to decide all cases brought before them by citizens of one state against citizens of a different state, where a state is not necessarily a defendant. In this case, the suit was not instituted against the state or its treasurer, but against the executors of David Rittenhouse for the proceeds of a vessel, condemned in the court of admiralty which were admitted to be in their possession. If these proceeds had been the actual property of Pennsylvania, however wrongfully acquired, the disclosure of that fact would have presented a case on which it is unnecessary to give an opinion; but it certainly can never be alleged that a mere suggestion of a title, in a state to property in possession of an individual, must arrest the proceedings of the court, and prevent their looking into the suggestion and examining the validity of the title.
If the suggestion in this case be examined, it is deemed perfectly clear, that no title whatever to the certificate in question was vested in the state of Pennsylvania.
By the highest judicial authority of the nation it has long since been decided that the court of appeals erected by congress, had full authority to revise and correct the sentences of the courts of admiralty of the several states, in prize causes. That question therefore is at rest. Consequently the decision of the court of appeals in this case annulled the sentence of the court of admiralty, and extinguished the interest of the state of Pennsylvania in the Active and her cargo, which was acquired by that sentence. The full right to that property was immediately vested in the claimants, who might rightfully pursue it into whosever hands it might come. These certificates in the hands, first of Matthew Clarkson, the marshal, and afterwards of George Ross, the judge of the court of admiralty, were the absolute property of the claimants. Nor did they change their character on coming into the possession of David Rittenhouse.
Altho' Mr. Rittenhouse was treasurer of the state of Pennsylvania, and the bond of indemnity which he executed, states the money to have been paid to him for the use of the state of Pennsylvania, it is apparent that he held them in his own right until he should be completely indemnified by the state. The evidence to this point is conclusive. The original certificates do not appear to have been deposited in the state treasury, to have been designated in any manner as the property of the state or to have been delivered over to the successor of David Rittenhouse. They remained in his possession. The indents issued upon them for interest were drawn by David Rittenhouse, and preserved with the original certificates. When funded as a part of the debt of the United States, they were funded by David Rittenhouse, and the interest was drawn by him. The note made by himself at the foot of the list, which he preserved as explanatory of the whole transaction, demonstrates that he held the certificates as security against the bond he had executed to George Ross, and that the bond was obligatory, not on the state of Pennsylvania, but on David Rittenhouse in his private capacity.
These circumstances demonstrate beyond the possibility of doubt, that the property which represented the Active and her cargo was in possession of the state of Pennsylvania but of David Rittenhouse as an individual, after whose death it passed like other property to his representatives.
Since then the state of Pennsylvania had neither posses-
sion of nor right to the property on which the sentence of the district court was pronounced, and since the suit was neither commenced nor prosecuted against that state, there remains no pretext for the allegation that the case is with that amendment of the constitution which has been cited; and consequently the state of Pennsylvania can possess no constitutional right to resist the legal process which may be directed in this cause.
It will be readily conceded that the order which this court is inclined to make by the high obligations of duty and of law is not made without extreme regret at the necessity which has induced the application. But it is a solemn duty and therefore must be performed. A peremptory mandamus must be awarded.
FROM THE N. Y. EVENING POST.
TO WILLIAM B. GILES, One of the Members of the Hon. Senate.
Sir, I perceive by the public papers that you were one of a committee appointed to examine into the charges against the late secretary of war, general Dearborn, for having improperly advanced large sums of money to general Wilkinson, and that you have acquainted him on the ground that he was not guilty knowingly; I beg leave therefore to request your attention to the following facts.
Soon after the commencement of the session of congress which ended in 1802, a committee was appointed with great form and parade, of whom you were one, who were styled The Committee of Investigation , who were instructed "to enquire and report whether monies drawn from the treasury, had been faithfully applied to the objects for which they were appropriated, and whether the same had been regularly accounted for; and to report likewise whether any further arrangements were necessary to promote economy, enforce adherence to legislative restrictions, and secure the accountability of persons entrusted with the public money." This committee according went to work, and having consumed nearly five months in their enquiries after frauds practised by the federal administrations, the majority of them, consisting of yourself, Nicholas of Virginia, Williams of North Carolina, and Elmhurst of New York, agreed upon a report, which after being prepared and ready to be made, was, merely for forms sake, shewn to the minority of the committee (being federalists,) and then presented to the house just before it rose, and so late as to prevent those implicated by it, from making any answer on the floor: Thus artfully and malignantly infusing the poison into the public mind where it had seven months to rankle before any antidote could be prepared. But the two gentlemen principally aimed at Mr. Wolcott, secretary of the treasury, and Mr. Stoddart, secretary of the navy, lost no time in addressing a vindication to the public through the press, to which no answers were ever attempted, and which only added to their fair fame and to your defeat and disgrace wherever they were read.
In the course of the report of the investigating committee, I come to the following, which I extract for the purpose of bringing it at this time, sir, to your recollection.
"9th. The next subject relates to the application of money for purposes of a confidential nature, in the war and navy departments, upon which the committee express their opinion in the following words:
"The committee beg leave likewise to refer to an important principle formerly settled by the executive, and actually practised upon, in the war department, in relation to the expenditure of publick money, which they deem improper, in a government like ours, where the taxes cannot be imposed but by public consent; and where monies arising from those taxes, cannot be disbursed, but upon the authority of a law, previously passed by the representatives of the nation. By an act passed on the 9th of February, in the year 1793, the president is directed to cause the monies drawn from the treasury, for the purpose of intercourse with foreign nations, to be settled by causing the same to be accounted for specifically in all cases, wherein the expenditure thereof may, in his judgment, be made public; and by making a certificate, or certificates of the amount of such expenditures, as he may think it advisable not to specify; and such certificates are to be taken as sufficient vouchers, for the sums expressed to have been expended. The policy of this law, the committee do not intend to question, but it is clear, that it extends only to cases of compensation, for what are usually called "secret services," that may be rendered to the United States, in their intercourse with foreign nations. The section above recited, has been ingrafted into two laws, passed in the respective years, 1798, and 1800, but in every law on the subject, it has been expressly confined to foreign intercourse; and in the act of 1800, is farther limited to the contingent expenses only of foreign intercourse. It has not therefore been without considerable surprise, that the committee have seen the same principle applied to the expenditures of the war department."
"In the instructions, given by the secretary of war to the accountant of the war department, in his letter of the 28th of December, 1797, herewith reported and marked (L.) a rule is positively laid down, that expenditures for secret services, rendered in relation to the duties of the war department are to be admitted. And on the 20th day of December, in the year 1799, the secretary of the treasury made a report on this subject to the president of the United States, (subjoined and marked M.) in which the principle is again recognized, as applicable to the departments of state, war and the navy. On the subsequent day, the president accordingly, signed two certificates, as vouchers for monies, said to have been expended, in relation to the duties of the war department, which certificates are annexed to this report, and are marked (N. and O.) The committee entertain no doubt, as to the illegality of this measure, as it is authorised by no LAW, whatsoever, and they flatter themselves that the Federal Government required no services of any nature, which ought to be concealed from the officers of the treasury, or from the legislature."
This report of the Committee of Investigation was accompanied with a letter from Mr. Gallatin, recommending that an express law should be enacted to provide against allowing accounts in this manner in future; which was passed accordingly.
I will now thank Mr. Giles to turn his eye to the following extract from Mr. Hillhouse's late speech, in which he detected and exposed the improper expenditure of publick money upon Wilkinson.
"Notwithstanding the express provisions of the laws and the allowances of extra rations to other officers at the same posts, the above account was admitted by the Secretary of War, and sanctioned by his signature; but was disallowed by the accountant of the War Department as being against the law of March 16th, 1806. Whereupon the final decision was referred to the comptroller of the Treasury, and decided that the account might be passed to the credit of general Wilkinson, because it had been admitted by the secretary of war with the approbation of the President of the United States and sanctioned by the opinion of the Attorney General. By which it appears that the approbation of the president of the United States, supported by the opinion of the attorney-general is considered as a sufficient authority for the allowance of accounts and the payment of money, in direct opposition to a positive law of the United States."
Here I for the present rest, until I see what excuse will be attempted or explanation given.
NO. 96.]
(C) Abstract of expenditures made by Lieut. Josiah Taylor, assistant military agent, under the directions of brigadier general James Wilkinson and governor William C. C. Claiborne, commissioners appointed to take possession of Louisiana.
For 418 1-2 lbs. loaf sugar, 30 do. lump sugar, 44 do. brown sugar, 844 bottles of claret, 196 1-2 gallons madeira wine, 4 do. sherry wine, 1 qr. cask madeira wine, 144 bottles of champagne, 50 do. white wine, 100 do. hermitage wine, 588 do. red wine, 6 do. cordials, 1 do. litters, 67 gallons brandy, 81 bottles of porter, 1 case of gin, 238 bottles ale, 3 barrels cider, 5 gallons rum, 2 1-8 do. whiskey, 11,350 Spanish segars, 8 bottles capers, 1 box brandy fruits, 1 do. raisins, 487 3-4 lbs. ham, 2 tubs of rounds of beef, 1 bottle Cayenne pepper, 3 lbs. black pepper, 20 do. chocolate, 10 bottles mustard, 47 do. sweet oil, 3 lbs. vermicelle, 16 do. of almonds, 46 do. rice, 12 beevest tongues, 1-4 do. mace, 1-4 do. cloves, 1-4 do. nutmegs, 1-4 do. cinnamon, 1 English cheese, 6 1-2 gallons vinegar, 2 bottles vinegar malle, 2 do. pickles, 3 do. olives, 148 1-4 lbs. cheese, 17 do. hogshead, 24 do. butter, 20 bunches onions, 30 lbs. flour, 2 bls. flour, 1 sheep, 3 bls. potatoes, 1 9-16 bus. salt, 300 lbs. bread, 1 tierce Irish beef, 180 lbs. beef, 1 do. onions, 4 cases tea, 450 lbs. corn blades, 96 bls. corn, 7 loads hay, 162 1-2 lbs. coffee, 3 1-4 lbs. first quality tea, 48 cords wood, 6 des. knives and forks, 3 pair plated candlesticks, 2 pair snuffers, 13 barrels charcoal, 30 lbs. bay iron, 1 pair audirons, 1 looking glass, 16 lights of glass, 210 1-2 lbs. spermaceti candles, 1 bbl. hominy, 42 lbs. tallow candles, 280 feet plank, 4 1-2 lbs. castile soap, 1 filtering stone, 24 cordial glasses, 42 goblets, 9 decanters, 6 salt cellars, 24 wine glasses, 24 tumblers, 2 pitchers, 6 dishes, 60 plates, 1 lantern, 1 set dining china.
Also, forage for five publick horses, riding express from Fort Adams to New Orleans, sundry groceries not enumerated, dinners for twelve persons for ten days, furniture not enumerated, two tables, cakes, macaroons, confectionary and preserves, pies, tarts, puddings, cakes, biscuit and cabbages, confectionary furnished at different times, sugar plums, washing table cloths and napkins, nine tunks, eighteen capons and thirty fowls, medicine, &c.
NOTE.—The above disbursements were made between the 7th December, 1803, and 24th April 1804, per vouchers, from No. 1, to 99, and amount to
John M. Wight, for provisions and other articles purchased in the market for the use of the commissioners' table, from 26th January, to the 22d April 1804, inclusively, 1,378 10 Ditto, for ditto, on the 23d April 1804, 11 50 Ditto, for sixty loaves bread, purchased for ditto, 3 75 Ditto, for his salary as steward to the commissioners, from 15th January, to 23d April, 1804, inclusively, 99 days at one dollar per day, 99 00 1,492 35
Dollars, 5,619 72 DEPARTMENT OF WAR, Accountant's office, February 13, 1809. WILLIAM SIMMONS, acct. dep. war. [To be continued.]
PATENT ILLUMINATORS,
OR Sky-Lights for Shipping, &c. Giving a more general Light than the common Sky-Light, with one half the expense; and are equally applicable to the state-room, store-room and forecastle, as in the cabin—they are neither liable to break or be damaged by the common traffic of the deck. Apply to E. Sturtevant, Agent. March 10.
Two Dollars Reward!
RAN-AWAY from the subscriber on the 10th instant, an apprentice boy named WILLIAM RUTLAND, about 16 years old, light complexion, light hair, and blue eyes, and was born in or near London. I forward all masters and others from harbouring, employing, or carrying said apprentice away, as the law will be strictly enforced against all such offenders. B. Bayard. Portsmouth, March 10.
TAKE NOTICE
That we have applied to the President and Directors for the renewal of the Bank of the United States, at Norfolk, the amount of which is lost, viz. B. No. 4082, dated Philadelphia, 2d June, 1804, for $50 C. 3320, dated Philadelphia, 2d June, 1804, for $50 E. 727, dated Philadelphia, 6th Jan. 1804, for $50 F. 819, dated Philadelphia, 6th Jan. 1804, for $50 F. 922, dated Philadelphia, 6th Jan. 1804, for $50 F. 1688, dated Philadelphia, 6th July, 1804, for $50 payable to Robert Taylor, or bearer, at the Office of Account and Deposit, at Norfolk. A MANDATORY REWARD will be given to any person who may have found the counterfeits of the above Notes, and will deliver them to us. MACKINDER & WHITE.
ACTUAL VALUE is in the tool, has a dark swarthy complexion, with short coarse curly hair, so much so, that many would not take him for a white man, but from his residence in this city for many years past, he has generally been considered as such, pitted with the small pox, speaks fast, though he stammers while he speaks, usually very slovenly in his dress, pretends to have a knowledge of horses, having latterly been in the habit of trafficking in the above species of property, as well as letting publick chairs. Monroe resided at the corner of Wentworth and King-streets, where he kept a grocery-store—From their connexions, it is highly probable they have travelled the same road, and may make for St. Mary's, Georgia, or New Orleans. Five Hundred Dollars reward, will be paid for apprehending and delivering either, or One Thousand Dollars for both. Washington Potter, Wm. Porter, Daniel Lothrop, Philip Cohen, Joshua Brown, Committee in behalf of the creditors. Charleston, 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.

TREASURY DEPARTMENT, Comptroller's Office, January 9, 1809. Sir—The account which you herewith rec- d was included to me in a letter from the secretary war, of which a copy is also sent. As the accounting officers of the treasury are authorized to revise settlements made in your of- fice and not to decide on claims in the first instance, necessary that you should admit or disallow the claim in order that it may be finally decided on in this department. It is therefore submitted to your decision. I am, sir, Respectfully, Your obedient servant, (Signed) G. DUVAL William Simmons, Esq.
DEPARTMENT OF WAR, Accountant's Office, February 9, 1809. The within is a true copy. WILLIAM SIMMONS Accountant Department War No. 3.
DEPARTMENT OF WAR, Accountant's Office, January 10, 1809. Sir—The account of brigadier general James Wilkinson, covered by your letter of the 9th inst. be acted upon in this office, had been some days fore exhibited to me for allowance, and was object- ed to, because I conceived the claim expressly pro- hibited by law.
The 4th section of the act fixing the military pay- establishment, passed the 16th March, 1802, con- tains the following clause: "And be it enacted, that the monthly pay of the officers, non-commissioned officers, musicians and privates, be as follows, to wit: to the brigadier general, two hundred and twenty- five dollars, which shall be his full and entire com- pensation, without a right to demand or receive ra- tions, forage, travelling expenses, or other per- quisite or emolument whatsoever, except such statu- ry as may be requisite for the use of his department." Now the claim of brigadier general Wilkinson, ing for thirty-six rations per day at Natchitoches, from 13th September, 1806, to 11th November, 1806, and at New Orleans, from 12th November, 1806, to 24th May, 1807, and for quarters, stable &c. at the latter place, from 25th November, 1806, to 24th May, 1807, I have of course concurred in have above stated, that its allowance was prohibi- by law.
The clause contained in the 5th section of the bove act, authorizing such additional number of ra- ons to the commanding officer of each separate post as the president of the United States may direct did not conceive was intended to include the brigadier general, after the prohibitory clause contained in preceding section, and such must have been the mon heretofore held by others; for I found on the colonel Cushing received double rations, as com- manding officer at Natchitoches for the great part the time charged by the general at that place, and that lieutenant colonel Freeman and colonel Cushing received triple rations at New Orleans, together, cluding nearly the whole period charged by the neral at the latter place, and in no instance in recollection have double rations been allowed to officers for the same period, at the same post. The clause of the section last referred to, would seem to forbid it; because it limits the direction the president of the United States, to the allow- of additional rations to the commanding officers each separate post.
The item for quarters, stables, &c. while at New Orleans, in my opinion, is also prohibited by the 4th section of the act first mentioned, and in con- formity with this opinion held by me ever since the passing of this act, I have uniformly charged the personal account of gen. Wilkinson, all sup- plied by agents of this department, for fuel, forage, transportation, &c. for his use, and at this time account stands charged with a considerable amount composed of such items, as well as other monies long standing, unaccounted for.
Under these impressions, I do not feel myself auth- rized to admit any part of the account, and there- fore return it herewith, to be revised by the account- ing officers of the treasury as suggested in your let- ter.
I have the honour to be, &c. (Signed) WILLIAM SIMMONS. G. Duval, Esq., comptroller of the treasury. DEPARTMENT OF WAR, Accountant's Office, February 13, 1809. The above is a true copy. WILLIAM SIMMONS.
No. 4. Washington, Jan. 10, 1809. Sir—The case referred to me for my opinion stated in your note of the 6th inst. is not free from difficulty. At first view it presented serious embar- rassment. On mature reflection however, I concur in the opinion you have formed.
The fourth section of the act of the 16th of March 1802, declares, "That the monthly pay of the offi- cers, non-commissioned officers, musicians and pri- vates, be as follows, to wit: to the brigadier gene- ral, two hundred and twenty-five dollars, which shall be his full and entire compensation, without a right to demand or receive any rations, forage, travelling expenses or other perquisite or emolument whatsoe- ver, &c." These expressions are broad and compre- hensive, and if taken alone would exclude the al- lowance granted. But to put a just interpretation on any clause contained in a statute, you must look beyond the insolated section. The entire act must be taken into view, and such a construction forme as will give effect to every part.
Though in relation to other commissioned officers this section provides only for their pay, yet in the case of the brigadier general, it fixes a certain sum as his full and entire compensation for pay, rations, forage, travelling expenses and any other perquisite or emolument, to which by virtue of his office, and in his capacity of brigadier general, he may be entitled. The terms perquisite and emolument are well under- stood. A perquisite means something gained by a place or office over and above its settled wages. An emolument is any advantage or profit arising from the particular office held.
The scale assumed by congress when they fixed the monthly pay of the brigadier general at two hundred and twenty-five dollars, as a full and entire compensation, included no doubt a just estimate of the usual allowance for rations, forage, and travel- ing expenses to an officer of that grade. If this sec- tion established only his pay.
WANTED TO PURCHASE. VIRGINIA BANK STOCK, For which Cash will be given. AND FOR SALE. A few cases LINEN. Apply to the Printer. February 13. im
For Sale, by the Subscriber, 50,000 weight of Navy BREAD, 20,000 Superior Pilot, do. 3,000 Ship, do. 250 quarter barrels CRACKERS. Also, 400,000 well burnt BRICKS, 2,000 bushels STONE Lime, Stephen Harris. PILOT BREAD of superior quality for fa- mily use. Feb. 13.
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 in- corporated the Eagle Fire Company of New-York, with a capital of five hundred thousand dollars, (with the li- berty of increasing the same, if the business of the company should require it, to one million of dollars,) for the sole pur- pose of insuring buildings, and every kind of personal pro- perty 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 sa- tisfaction 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 reduces 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 libera- lity, which will justly entitle it to the confidence and patron- age of the public.
* No insured person will be liable to make good the losses of others; but in case of fire, the sufferer will be fully indemnified. The Company also make good losses on pro- perty burnt by lightning.
Classes of Hazards, and Rates of Annual Premiums for Insurance against Fire.
HAZARDS OF THE FIRST CLASS. Brick or Stone buildings, covered with slate, tiles, or me- tal. Goods hazardous, and not hazardous, contained in such buildings. 62 1-2 cents per 100 dollars per annum, for sums not ex- ceeding 10,000 dollars in one risk.
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 ex- ceeding 10,000 dollars in one risk.
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 exceed- ing 10,000 dollars in one risk.
HAZARDS OF THE FOURTH CLASS. Buildings, the sides of which are entirely of wood. Goods hazardous, and not hazardous, contained in such buildings. 187 1-2 cents per 100 dollars per annum, for sums not exceeding 10,000 dollars in one risk.
Ship in Port, or their Cargoes, Ships Repairing or Building, may be insured against Fire.
This manner of classing hazards will give a general idea of the rates of insurance, but there will necessarily be an in- crease of premium in all cases where the local situation, and other circumstances, increase the risk: such as joining, or being contiguous to wooden buildings, or buildings occupied in carrying on hazardous business—distance from water—no engines or firemen in the town or place, &c. &c. The pre- miums may also, in some cases, be reduced on wooden build- ings 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 build- ing exceeds 10,000 dollars, an additional premium will be required.
Soap Boilers, Tallow Chandlers, Brewers, Maltsters, Bak- ers, Rope Makers, Sugar Refiners, Distillers, Chim- ney-Sweepers, Glass, or Earthenware Sellers, Oil and Colourmen, Turpen- tine Works, Paper Mills, Printing Houses, Coopers, Car- penters, Cabinet Makers, Coach Makers, Boat Builders, Ship Chandlers, Apothecaries, Theatres, Mills and Machi- nery, 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 of- fice of the company, in writing; and the subject offered for Insurance accurately described.
II. If the property offered for insurance is within the dis- trict of a surveyor of this company, he will examine and re- port thereon; but if not within any such district, then the applicant must himself furnish an accurate and just descrip- tion thereof, viz. of what material each building is construct- ed; whether occupied as private dwellings, or how other- wise; where situated; the name of the present occupiers; or how situated with respect to other buildings. And in the in- surance 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 manufacture is carried on in the premises, all which is to be certified and attested in such manner as the nature of the case may admit. And if any person or per- sons shall insure his or their buildings or goods, and shall cause them to be described in the policy other than they are really are, so as the same be charged at a lower premium than is herein 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 de- clared 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 pay- ment 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 hap- pen or take place in consequence of any invasion, civil com- motion, 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 par- ticular 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 circumstan- ces of the person or persons insured; and do know, or veri- ly 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 restitu- tion 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 have been the company shall pay for the same in sixty days after the loss shall have been ascertained and proved, without allow- ance 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 Sur- veyor 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.
Dr. Tissot's celebrated Gout and Rheu- matick Drops.
The Gout, Rheumatism, Lumbago, and the various dis- orders of the same nature, are so exquisitely painful, and so difficult to be cured, that they have justly excited the ut- most stretch of medical investigation. Some professional gentlemen have excelled in one department of the sciences; others in another. Dr. Tissot particularly has long been re- nowned for the superiority of his prescription in chronic diseases, and the length of time which elapsed during his sole attention to the nature and effects and cure of these affec- tions, render the medicines which he recommended of in- valuable importance. The beneficial effects of these drops, have been so often experienced, and their extraordinary effi- cacy has been attested by witnesses so numerous and so unim- peachably credible, that incredulity itself cannot doubt the virtue of Dr. Tissot's Gout and Rheumatick Drops. Large quantities have already been vend- ed, and the sale is now be- come so general, and their certainty in curing the disorders of a chronic nature is so completely ascertained, that certi- ficates of their unbounded utility are now unnecessary. Tes- timonies of their value, and a volume of attested cases per- formed by them, may be seen upon application at T. W. Dyott's genuine Drug and Patent Medicine Warehouse, No. 57, South Second-Street, Philadelphia.
The price of Dr. Tissot's Gout and Rheumatick Drops, is only two dollars per bottle, with copious directions.
Generous allowances made to those who buy to sell again.
Of the many respectable testimonies of the effects of the above Drops, which have been received by the proprietor, we beg leave to annex the following:
Certificate of General Ridgely of Hampton. I certify that having received a blow on my knee, which induced severe pain and swelling, I was advised to apply to Dr. Tissot's Gout and Rheumatick Drops, and on bathing the part with them only a few times, agreeably to the direc- tions, they effected a perfect cure. Another time my wrist was affected with rheumatism to such a degree, as to render my hand for the time useless, when on application of the same remedy in like manner, the disorder in the course of twenty-four hours was entirely removed.
Therefore, from the experience I have had of the efficacy of said medicine, consider it a beneficent act to recommend it in similar cases to others. (Signed) C. RIDGELY, of Hampton.
Certificate of John Gibson, Esq. one of the Directors of the Farmers' Bank of Maryland.
I certify that about a year since, my foot received an inju- ry by a fall; in a few hours after it was affected with a most excruciating pain, for that I was unable to walk, with crutch- es. I was apprehensive that this accident would induce a severe fit of the gout, with which I had been frequently attacked. In this situation one of my friends highly recom- mended and earnestly advised me to apply Dr. Tissot's Gout and Rheumatick Drops; I immediately procured them and made the application; in less than three hours the pain entirely abated, which had been so severe, as to deprive me of sleep for several nights. By a few further applications, a perfect cure succeeded. I have frequently since in other cases, both used them myself, and recommended them to others with invari- able success. (Signed) JOHN GIBSON.
Certificate of Mrs. Mary Taylor.
I, Mary Taylor, No. 135, Plumb Street, Philadelphia, aged upwards of seventy years, having been afflicted with ve- ry violent rheumatick pains for more than eight years, being recommended to apply Dr. Tissot's Gout and Rheumatick Drops, on only using half a bottle every rheumatick affection was completely removed, and I have continued free from all pain ever since; as witness my hand. MARY TAYLOR.
The above drops are sold wholesale and retail only by BONSAL, CONRAD, & Co. Norfolk.
ALSO, DR. ROBERTSON'S Patent Stomachick Wine Bitters.
Celebrated and well known for their superior qualities in restoring weak constitutions, destroying Worms, cleansing and strengthening, giving a proper tone to the stomach, and increasing the appetite—a frequent use of them is a certain preventative against those complaints so common in the spring and fall. Such as intermitting fevers, agues, autumn- al fevers, dysenteries, &c. &c. They are particularly ser- viceable to those who make long sea voyages, and are expos- ed to unhealthy climates, as a powerful preservative against contagious disorders.
PRO BONO PUBLICO.
Patent Water-Proof Brunswick Black- ing, prepared with oil, which softens, preserves, and beau- tifies the leather. Words cannot set forth its just praise, nor can its transcendent qualities be truly known, but by experi- ence; it is especially calculated for, and particularly recom- mended to sportsmen and gentlemen who are exposed much to the wet—Also for cleaning Harness, as it will effectually prevent the water from penetrating, preserve the leather from cracking, and render it supple and pleasant to the very last, giving it also a beautiful jet black gloss, a proof of which may be seen at the warehouse.
The above Blacking is prepared and sold only by T. W. DYOTT,
at his Medical Warehouse, No. 11, North Second Street, Philadelphia; sold also by his appointment, at BONSAL, CONRAD, & Co's Book Store, Norfolk; and at SOMER- VELL & CONRAD'S, Petersburg.
Where also may be had, THE IMPERIAL WASH,
And new invented LIQUID, For taking out stains, and preserving the quality and colour of saddles, and tops of boots. May 20. 1awly
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 punctuality, he believes the people of this place and its vicinity, may be as well served as by any factory in the nation. 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.
ALSO, SALT, LONDON PORTER, &c. &c.
Fresh SHOES from New-York
for Ladies, of red, green, and black Morocco, with 1, 2, and 3 ties.
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 a most encouraging in my factory, as in any in this state, for any state in the union north of this. October 3. tf
German Linen for Exportation. NIEMEYER & VON KAPFF, —OFFER FOR SALE At their Warehouse in Water-Street, at the corner Marwell's wharf, for cash, or approved paper only. 54 packages of German Linen, consisting of
140 pieces Osnabrigs. 60 pieces Ticklenburgs. 500 pieces White Rolls. 900 Pieces, } Entitled to Drawback. 80 pieces Hessians, 1 case Plaitils, } 1 case Shirt Linen, } 1 case Sheetings, }
ALSO, 40 pieces best Russia Can- vass, } 65 do. Toppallant Duck, } 200 Coffee Bags, } 300 Gunny Bags, } 90 boxes best Spanish Se- gars, } 50 boxes English Pipes, }
700 Straws 1-2 pt. Tumb- lers, 30 doz do Decanters, 330 pieces excellent Oil Cloth, 30 pieces Paper Hanging, 3 cases Port-Wine.
And at their Store in Main-Street, a great va- riety of Cutlery and Fancy Articles. Apply as above. Nov. 9.
Phenix Fire Office No. 13, MARKET-SQUARE, NORFOLK.
INSURANCE UPON SHIPS.
NOTICE is hereby given that the following pre- miums 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.
Prime Jamaica Sugars, Coffee, and Pimento,
Landing this day from the British Schooner Commerce from Kingston, and for sale by C. & F. WHITTLE. February 27. tf
Landing on Commerce-Street Wharf, the Cargo of the Spanish Brig General Palafox, from Havana, 280 boxes brown Havana SUGARS, 17 hds } 85,000 wt. best Green Coffee, 637 bags } And a few boxes SEGARS—For Sale by MOSES MYERS. February 27. tf
SPANISH HIDES. One Thousand SPANISH HIDES—For Sale, by Wm. Plume, & Co. January 23.
A RENDEZVOUS Is opened in Norfolk for the United States Schooner Enter- prise. February 23. tf
LOST, Certificates for Stock in the Bank of Vir-
ginia, as follows: 4 SHARES in the name of William Fenmock, 2 do. in the name of Sarah C. Fenmock, 2 do. in the name of Courtney Fenmock, 2 do. in the name of William H. Fenmock. TEN SHARES; for which ten shares application will be made for renewals, according to law. William Fenmock. 2m January 9.
FOR SALE, The CARGO of the British ship High-
lander, from Liverpool, 450 Ton Stoved SALT, 30 Crates WARE. Robert Dickson. February 18.
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 300 acres; and, as it may be ad- vantageously divided into two or three Farms, the subscri- ber 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 o- ther 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. tf
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 authori- sed 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. tf
NORFOLK: PUBLISHED THREE TIMES A-WEEK, BY WILLIAM DAVIS,
FOR THE PROPRIETOR, Opposite the Exchange Coffee-House. Price Six Dollars Yearly, in advance.