Norfolk gazette and publick ledger (Norfolk [Va.]), 1808-06-27 00:00:00

NORFOLK GAZETTE AND PUBLICK LEDGER  UNT HIC EELIAM SUA PRÆMIA LATT
[VOL. IV
MONDAY EVENING, JUNE 27, 1808.
NO. 145.]
YAZOO CLAIM.
There are few subjects which have excited more interest than the Yazoo claim, and is at this time a subject upon which a portion of the Republicans find abundant matter for abuse of Mr. Madison. It is probable that this subject will be brought before the next congress, and again engage the publick attention. From these considerations, and with a view to furnish our readers with a history of this business, we have copied into our paper the following official report.
With respect to the conduct of Mr. Madison, we do not wish to be supposed as according with those who condemn him for his conduct in this business. Indeed we mean to offer no opinion as regards him.
The real friends of representative government must blush at this instance of abuse of that noble principle. Such an instance of corruption is not to be found in the annals of representative government, as that of a majority of a legislature being bribed, to vote for a particular measure. The oldest nation has not exhibited such an instance of depravity.
REPORT ON THE YAZOO CLAIMS.
[On the 29th of November, 1804, the following Report was published by order of the House of Representatives of the United States.]
The commissioners appointed in pursuance of the act, entitled, "An act for an amicable settlement of limits with the state of Georgia and authorizing the establishment of a government in the Mississippi territory," in obedience to the provisions of the act supplemental to the last mentioned act—respectfully submit the following report on the claims made by settlers and other persons, to lands within the territory situate west of the river Chattahoochee, and south of the cession made to the United States, by South Carolina.
REPORT.
The territory of the United States, south of the state of Tennessee, extends in breadth 275 miles from the 31st to the 35th degree of north latitude. From the east to west, its greatest length from the river Chattahoochee, to the Mississippi, measures three hundred and eighty miles along the northern boundary of West Florida: the length of its southern boundary, along the state of Tennessee, is not precisely ascertained, but it is believed that the average length of the whole may, without material error, be estimated at 300 miles, and the contents of the territory at 52 millions of acres.
The only portion of the vast extent, to which the Indian title has been extinguished, are a tract of about one million and a half of acres, extending along the Mississippi from the mouth of the river Yazoo, southwardly to the Spanish line; and another tract at least equal in extent, and extending between the rivers Pascagoula and Mobile or Tombigbee, more than fifty miles north of that line.
The settlement within those two tracts, which are separated from each other by a wilderness of 120 miles in breadth from the whole population of the Mississippi territory.
The claims to lands within these boundaries are derived either from the British government of West Florida, from the Spanish government, from occupancy and settlement, or from the state of Georgia.
The British governors of West Florida, after the boundaries of that province had been extended as far north as the parallel of latitude which crosses the Mississippi, at the mouth of the river Yazoo, granted lands south of that parallel until the year 1781, when the province was conquered by Spain.
A great portion of the lands granted in that manner has since been re-granted by the Spanish government; several tracts have continued in the occupancy of the original grantees, or of their representatives; and several remain unoccupied, or are inhabited by persons who have no other claim but that of possession.
The grant of the Spanish government appears to have been confined to persons actually residing on the lands; but they were made indiscriminately on every unoccupied tract, whether the same had been previously granted by the British government or not: nor did they discontinue making concessions, even after Spain had, by the treaty of October, 1795, recognized the right of the United States to the whole territory north of the thirty first degree of north latitude.
Until the evacuation, which was delayed for near two years, had taken place, grants were issued, sometimes bearing their real date, and sometimes, as is alleged, antedated.
On the 7th of February, 1785, the state of Georgia passed an act for the purpose of laying out that tract of country, extending along the Mississippi from the 31st degree of north latitude to the mouth of the river Yazoo, to which the Indian title had been extinguished, into a county by the name of Bourbon, and declared that whenever a land office should be opened, there should be right of preference reserved to the possessors of lands within that district provided they actually lived on and cultivated the said lands. That act was repealed on the 1st day Feb. 1785.
By the article of agreement and cession between the United States and Georgia, it is provided, that the persons who on the 27th of October, 1795, (being the date of the treaty with Spain) were actual settlers within that territory, shall be confirmed in all the grants legally and fully executed, prior to that day, by the former British government of West Florida, or by the government of Spain, and in all
the claims which may be derived from any actual survey or settlement made under the act of Georgia, commonly called the Bourbon act.
The persons in whose favour that clause was inserted, were at the request of the commissioners, invited by the governor of Mississippi territory, to exhibit their claims. This has been partially done in that part of the territory which has contiguous to the Mississippi; claims, amounting to about 240,000 acres, and said to be derived from British and Spanish patents, have been transmitted. A few applications have also been filed for lands claimed under the Bourbon act: most of which, however, are for tracts improved after the act had been repealed. Including even these, the governor is of opinion, that there cannot be in the whole more than 350,000 acres, on the Mississippi, covered by claims confirmed by the articles of agreement. From that part of the territory which lies on the Mobile, no returns have been received.
The claims derived from occupancy and not recognized by the agreement of Georgia, are:
1st. British grants held by persons who were not resident in the territory, on the 27th October, 1795, and have not improved their lands. The West Florida patents were, with but few exceptions, accompanied with a clause of forfeiture, unless the lands should be improved within ten years; and the Spanish government seem to have considered all the unimproved lands as forfeited. It is however, alleged on the part of the grantees, that although a condition of settlement was commonly annexed to the grants in the British provinces under the royal governments, with a penalty of forfeiture in case of default, this has never been enforced, either by the British government, or after the revolution by the state; and that the Indians at first, and the Spanish conquest afterwards, rendered in this case, a fulfilment of the condition impossible.
Where the land has been re-granted by Spain, the parties must be left to a judicial decision; but where it remains unclaimed by any other person, the commissioners are of opinion, that it would be improper for the United States to grant it again, until the amount and nature of the grants shall have been fully ascertained.
2d. British and Spanish complete grants. As lands were granted under both governments upon the petition of the party, and as the first evidence of title was a warrant or order of survey, directed to the surveyor of the district, it has happened in many instances that the Spanish conquest in 1781, and the treaty with Spain in 1795, found persons who had only surveys executed or perhaps an order of survey, and who could not, on account of the change of government complete their titles. This circumstance is stated both in the petition of the settlers on the Mobile, which has been referred by the house of representatives to the commissioners and in the letter of the governor of the Mississippi territory, hereto annexed, as more particularly involving claimants under Spanish titles; it having been customary, until the American settles of Natchez requested patents, to consider a Spanish order of survey, when executed and returned, as a sufficient title: whilst, on the other hand, few settlers are obliged to claim under incomplete British titles, as they generally applied in lieu of them, for Spanish grants, and now claim under these.
3d. Settlements without any evidences of titles.
It is stated by the governor of the territory, that 130 heads of families had, prior to October, 1795, formed settlements without any other title, but what might be derived from the Bourbon act; and that 700 more have settled in the country, since that time, who either have no title whatever, or rest their claims on Spanish orders of survey, and grants issued after the date of the treaty. It is apprehended, that very few of the claimants of the first description will be found to come strictly within the terms of the Bourbon act. Some stress is laid by those of the last description, who migrated to that country before the Spanish posts had been evacuated, on their ignorance at first of the treaty, and on the subsequent acquiescence of the American government, in the continued possession by the Spanish government.
To those three several classes of claims may be added that of persons principally from Connecticut, styling themselves a company of military adventurers, who, under a mistaken expectation of obtaining a large grant from the British crown, sent agents in 1773, to West Florida, for the purpose of exploring the country. The governor of that province promised to grant lands to such as should become settlers, on as advantageous terms as he was authorized to do, and reserve till next spring for that purpose, nineteen townships which had been selected and surveyed by the agents. A number of emigrants from Connecticut, accordingly, removed to the Mississippi, in 1774: the war prevented the progress of the settlements: and 140 of the settlers left the country in 1781, when the Spanish conquest took place, and traversing the Choctaw and Creek country, reached the inhabited parts of Georgia.—The claim which is now set up, in the name of the company, for the nineteen townships, has no foundation: such of the settlers as had obtained grants, or have continued on the lands, will be embraced by the provisions made for other claimants of a similar description: it will remain for congress to decide, whether any special provision should be made for those who abandoned the lands in manner above stated.
It would require more correct information than has been obtained by the commissioners, to enable them to offer a plan perfectly satisfactory to themselves, on the subject of those various and clashing claims. The following outlines are with diffidence submitted to the consideration of congress.
1st. That persons who were resident in the terri-
tory, on the 27th day of October, 1795, be confirmed in their claims, to those tracts of lands, then actually cultivated and inhabited, for which they had received orders of survey, dated before that day, either from the British or Spanish governments, in the same manner as if their titles had been completed: provided that no such incomplete title shall be ratified, unless the person, in whose favour such order had issued, was of full age, at the time of its date.
2d. That every head of a family, (including single persons of 21 years of age, and above, who did not reside with their parents) who were resident in the territory, on the day of 1797, when the Spanish garrisons were evacuated; who claims no land in the territory, under British or Spanish grants, and who did, on that day occupy and cultivate a tract of land, not otherwise claimed, shall be confirmed in possession of such tract, not exceeding 640 acres.
3d. That every head of family, who resided in the territory on the day of 1802, when the articles of agreement with Georgia, were ratified by that state and who did on that day occupy and cultivate a tract of land not otherwise claimed, shall have a right of pre-emption to such tract not exceeding 640 acres.
4th. That commissioners be appointed with a fixed salary, and without fees; who shall immediately proceed to the settlement on the Mississippi, and on the Mobile, with power to receive, examine and decide on all claims embraced by the articles of agreement with Georgia and by the preceding provisions, and to issue certificates stating, as the case be, that the party is entitled to the land or to a right of pre-emption to the same; but no patents shall issue until after the lands shall have been surveyed, and the inferences arising from clashing claims ascertained; nor shall any other evidence of title, but the commissioners' certificate, issue in cases where the land is claimed by either a British or Spanish title, fully and completely executed.
5th. That all claims derived from the agreement with Georgia, from British or Spanish grants, or from occupancy, which shall not be filed with the commissioners within a twelvemonth, shall forever after be barred.
6th. That the commissioners shall make a full report to congress, of the British grants filed with them, on which no improvement had been made by or for the grantees, and which are not claimed under subsequent Spanish grants.
7th. That so much of the five millions of acres, reserved for that purpose by the agreement with Georgia, as may be necessary to satisfy the claims not confirmed by that agreement, and which are embraced by the preceding provisions, and all those which may be derived from British grants, be appropriated for that purpose.
The last class of claims consists of those which are derived or pretended to be derived from Georgia. On the 21st December, 1789, the legislature of that state passed an act, entitled, "An act for disposing of certain vacant lands or territory without that state;" by which it is enacted, that two tracts of lands comprehending, together, the whole tract of country lying between the Mississippi and Tombigbee, and extending from the parallel which crosses the Mississippi at the mouth of Cole's creek (about 31, 45) to the northern boundary of the state, together with a third tract lying on the Tennessee river, shall for two years from and after the passing of that act, be respectively reserved as a pre-emption for the three companies, called the South-Carolina Yazoo, the Virginia Yazoo, and the Tennessee company; and that the governor shall issue grants for the said tracts, to the said companies, if they shall, within the term of two years, pay into the publick treasury of the state, the following sums: that is to say, the South-Carolina Yazoo company the amount of 66,964 dollars—the Virginia Yazoo company, the amount of 93,741 dollars—and the Tennessee company, the amount of 46,875 dollars.
An inconsiderable sum was paid in the paper medium of the state, by the two first mentioned companies, and they did, within the two years, tender in payment to the treasurer of the state the whole amount of the purchase money, in evidences of the publick debt of the state. The payment was refused on the part of Georgia.
The money which had been deposited by the Virginia Yazoo company was withdrawn; but the South-Carolina company instituted, before the supreme court of the United States, a suit against the state, which was terminated by the amendment to the constitution, relative to the suability of states.
Both companies now claim at least an indemnification on account of the expenses and damages incurred by reason of what they consider a violation of contract on the part of Georgia. There is nothing on the face of the act, which justifies the construction contended for by the claimants; and it is by collateral evidence only that they attempt to prove, that it was the intention of the legislature, when it was passed, that the payment should be made in evidences of the publick debt of the state. In support of that construction, they bring their own petitions to the legislature, applying for the land, which petitions are referred to in the preamble of the act, and the protest of the minority in the legislature, who voted against the law, principally, as they allege, because the payments were to be made in depreciated certificates.
Upon a full view of the subject, the commissioners do not perceive that those companies have any equitable claim either for the land, or for compensation from the United States.
On the 7th day of February, 1795, the state of Georgia passed the act, hereto annexed, authorizing the sale of four tracts of land therein described, and comprehending the greater part of the country lying west of the river Alabama, to four companies,
called the Georgia, the Georgia Mississippi, the Upper Mississippi, and the Tennessee companies, for which they were to pay five hundred thousand dollars.
The Georgia Mississippi company was assigned all that tract lying between the Mississippi and Tombigbee rivers, and bounded by the parallels of latitude 31, 18, and 32, 40; for which they were to pay 155,000 dollars.
The tract designed for the Georgia company was bounded on the north by the 34th degree of latitude, on the east by the Alabama river, on the west and south by the Mobile or Tombigbee, from the Spanish line to the north east corner of the lands assigned to the Georgia Mississippi company, by the northern boundary of the said lands, and by the Mississippi: for which they were to pay 250,000 dollars.
The Tennessee company were to pay 65,000 dollars, for a tract lying between the northern boundary of the state, and the parallel of latitude passing by the head spring of Bear creek, and bounded on the west by Tennessee and Bear creek, and on the east by a meridian crossing the last mentioned parallel, 120 miles east from the source of Bear creek.
And the Upper Mississippi company were, in consideration of $35,000, to receive a tract of 25 miles in breadth, adjoining the northern boundary of the state, and extending from the Mississippi to Tennessee and Bear creek, its boundaries on the east.
Two millions of acres were reserved out of these several tracts, for the use of such citizens of Georgia, as chose to subscribe on the original terms of the purchase: the monies paid by those citizens to the state, being part of the purchase money of the companies, in whose territory they subscribed; the quantities thus reserved out of each tract, being one million of acres in the Georgia company; 620,000 acres in the Mississippi company; 243,000 acres in the Tennessee company; and 138,000 acres in the Upper Mississippi company. The price paid by the citizens who did subscribe was two cents and one third per acre, it being the price then supposed to have been paid by the companies; which (500,000 dollars being the purchase money) would give about 21,500,000 acres, for the estimated quantities in the four tracts. It was further declared by the act, that the lands lying westward of the eastward boundary of the several companies purchase, were estimated at one third of the lands within the purchase; and were supposed to contain 7,359,000 acres, which would give 21,750,000 acres, for the quantity intended to be sold. The land contained within those purchases amounts, however, to near 35,000,000 of acres; and the present claimants estimate the quantity at near 40,000,000 of acres.
The several companies did, it is understood, pay the purchase money, and obtain grants from the governor of Georgia, for the several tracts designated in the law: the lands have since passed through several hands, and so far as has come within the knowledge of the commissioners, the title derived from the grants appears to be now held in the following manner:
The whole tract granted to the Mississippi company, was divided into sixteen hundred equal undivided shares; and the president and directors of the company, in Jan. 1796, sold the whole, with the exception of the 620,000 acres, reserved for citizens' subscriptions, to certain individuals in Massachusetts, who style themselves the New England Mississippi company. The title has been conveyed to trustees, for the use of the company, which consists of 2,276 shares.
It is urged by sundry associates or shares of the original Mississippi company, that they have not been paid, and that they are still entitled to a proportion of the land.
The tract granted to the Upper Mississippi company, appears divided into twelve undivided shares, and to be unentangled by militant claims.
The tract granted to the Tennessee company was, by the grantees, Mathias Maher and Zachariah Coxe, divided into 420 equal shares. Several hundred thousand acres are, besides, claimed under deeds, signed by Z. Coxe alone, and which appear to be exclusively of the shares which he held. The greater part of the original shares are held by trustees, for the use of the proprietors.
The Georgia company consisted of ten shares exclusively of a number of sub-shares, and of money shares, which have either been purchased in by the company, or absorbed in the payment of certain tracts sold by them. That company, however, no longer exists, having sold the greater part of the territory by metes and bounds; and surrendered the remainder to the state of Georgia. Instead, therefore, of being held by trustees, or in undivided shares, the lands originally assigned to that company, are claimed by several individuals, each claiming distinct tracts in their own name. There is a number of militant claims in that part of the tract which lies between the Alabama and Tombigbee rivers, south of the parallel 33, 20, of n. lat.
On the 13th day of Feb. 1796, the legislature of Georgia passed an act, declaring the act of the 7th Jan. 1795, abovementioned, null and void, as having been obtained by fraud and corruption; directing all records of grants or conveyances relating to the sale, to be expunged; and forbidding the recording, thereafter, of any such conveyances or contract. The document contains the evidence on which the legislature acted.
By the articles of agreement of the Georgia company, and schedule thereto annexed, bearing date 1st and 10th Jan. 1795, a copy of which was transmitted to the commissioners amongst other documents, by the attorneys of Hugh Rose and Valentine Jones, two of the claimants under that company, it

appears that the company had disposed of a considerable quantity of the lands they intended to purchase, to divers persons (whose names, with the amount of dollars paid by each, appear in the schedule) for the purpose of raising a fund to effect the purchase of the lands; and that they had also found it necessary to distribute to a variety of citizens of the state, certain sub-shares, or quantities of land, in order that the benefit should be as generally diffused as possible. By the form of the sub-share it appears, that the holders were entitled to a certain quantity of land, without making any immediate payment, but on paying within seven months what was supposed the original purchase money, viz: two cents and a third of a cent per acre.
A comparison of the schedule annexed to the articles, and which is declared to be a part of the agreement, with the yeas and nays on the passage of the act, authorising the sale, shows that all the members, both in the senate and house, who voted in favour of the law, were, with one single exception (Robert Watkins, whose name does not appear) interested in, and parties to the purchase.
The articles of agreement, and list of associates of the Tennessee company, which have been voluntarily furnished by one of the trustees shows that a number of members of the legislature were also interested in that company.
It is also proper to state, that all the deeds given by the companies, which have been exhibited to the commissioners, as well as all the subsequent deeds, with only two or three exceptions, not only give a special, instead of a general warrantee, but have also a special covenant in the following words: "And lastly it is covenanted, and expressly agreed and understood, by and between the parties, to these presents, that neither the grantors aforesaid, nor their heirs, executors, or administrators, shall be held to any further, or other warrantee, than is herein before expressed, nor liable to the refunding of any monies, in consequence of any defect in their title, from the state of Georgia, if any such there should hereafter appear to be."
The act of Georgia, of the 13th Feb. 1793, as well as several subsequent acts, had made provision for the repayment of the money, deposited as the consideration of the purchase; and the document shows that 310,695 dollars and 15 cents, have been withdrawn under those laws. The commissioners have not been able to procure the evidence, on which those sums were paid; it is, however, understood, that supposing the title from Georgia to have been valid, not more than five or six millions of acres have been fairly surrendered by the parties, who have received that money.
A great majority of the persons who claim the lands not surrendered, have signed the propositions of compromise, hereon annexed, by which they offer to relinquish their claims, provided that the United States shall pay them at the rate of twenty-five cents per acre, for the nominal quantities of land claimed by them; which after making the proper deductions for lands, which have been surrendered, would make a gross sum of 8,500,000 dollars, with interest from the year 1806: provided, however, that the principal and interest shall not exceed the proceeds of those five million of acres, in the territory, which shall ultimately be sold for the highest price.
The commissioners think those propositions inadmissible, and without pretending to affirm that the legislature of the state of Georgia was competent to make the decision, they feel no hesitation, in declaring it as their opinion, that under all the circumstances which may affect the case, as they have come within the knowledge, and as herein stated, the title of the claimants cannot be supported.
But they, nevertheless, believe that the interest of the United States, the tranquility of those who may hereafter inhabit that territory, and various equitable considerations, which may be urged in favour of most of the present claimants, render it expedient to enter into a compromise on reasonable terms.
Under this impression a plan is respectfully submitted to the consideration of congress, which although it does give a full indemnity to every claimant, is believed, from such information as has been received, to give, in the aggregate, nearly as much as has been paid in the whole, by all present claimants.
As it is understood and generally agreed, that the five millions of acres reserved by the agreement with Georgia, constitute the fund from which the indemnity is to be paid, it is of primary importance, in order to guard against any depreciation that the nominal sum in money, which may be afforded as an indemnity, should not exceed what the fund may be thought amply sufficient to discharge. The probable amount of the annual sales, and the price affixed to the land by congress, furnish the only data by which that sum can be determined. The commissioners have supposed that the sales could not reasonably be estimated to yield more than three or four hundred thousand dollars annually; and although it has been presumed that in opening a land-office, the price of the land will, at present, be fixed at two dollars per acre; they have believed it would be improper to assume the payment of any sum out of the proceeds of the lands, which would bind congress not to reduce the price hereafter, if other considerations shall render that deduction expedient.
It is after having considered the subject in that point of view, that the commissioners have been induced to submit the following propositions as the basis of a compromise:
1st. That so much of five millions of acres as shall remain after having satisfied the claims of settlers and others not recognized by the agreement with Georgia, which shall be confirmed by the United States, be appropriated for the purpose of satisfying and quieting the claims of those persons who derive their claims from an act of the state of Georgia, passed on the 17th of January, 1805; for which purpose the several companies or claimants under those companies shall be permitted to locate the quantity of land allotted to them, on any part of the territory they claim, to which the Indian title has not yet been extinguished; provided, however, that the whole shall be located in no more than six tracts; and provided also, that each tract shall extend the whole breadth or length of the territory claimed by the parties respectively, and shall not have a greater proportionate front on the rivers than the whole territory thus claimed.
2d. That the claimants may, nevertheless, receive in lieu of the said lands certificates bearing interest from the 1st of January, 1804, to the amount of 2,500,000 dollars, or at their option, certificates
without interest to the amount of 5,000,000 dollars; which certificates shall, in either case, be paid (principal and interest) out of the proceeds of the sales of the publick lands in the territory of the United States, above mentioned, next ensuing the completion of the payment of 1,250,000 dollars to be made to the state of Georgia; and shall also be receivable in payment for the lands purchased in the territory, as soon as the payment to Georgia shall have been completed.
3d. That the lands or certificates shall be apportioned amongst the several companies in the following manner, that is to say: the proportion of each company, exclusively of the tracts which may have been surrendered, shall, on every 500 dollars or acres which shall be allowed in the whole, be as followeth.
  For the upper Mississippi company, exclusive of citizen's rights, 35   For the Tennessee, do. do. 60   For the Georgia Mississippi, do. do. 155   For the Georgia, do. do. not exceeding 255   For citizen's rights, not exceeding 25   500 
4th. That every original grant, deed or other evidence of claim, from which companies or claimants derive, or pretend to derive their respective claims, shall be exhibited to the secretary of state, within a twelve month, and there recorded at the expense of the parties; and, unless thus recorded, shall never after be admitted or considered as evidence in any of the courts of the United States, against any other grant from the state of Georgia or from the U. States.
5th. That after all the claimants shall have been exhibited, the lands or certificates allotted to each company, shall be apportioned in proportion to the quantity of land supposed to be contained within the respective claims amongst the several claimants under each company, by commissioners who shall also have power to decide, in conformity to the principles of law and equity, on all conflicting claims within each company.
6th. That each individual claimant shall be allowed to have the benefit of these terms, for the amount of his claim thus ascertained, and to receive, at his option, his proportion, either of lands, of certificates bearing interest, or of certificates without interest. All which is respectfully submitted.
JAMES MADISON, ALBERT GALLATIN, LEVI LINCOLN.
MASSACHUSETTS LEGISLATURE.
REPUBLICAN PROTEST.
House of Representatives, Friday June 10. Ordered unanimously, that the following protest be entered on the journal:—
Whereas, certain resolutions were introduced to the house of representatives, by Mr. Wheaton, of Norton, and passed there on the second day of June last, for the purpose, in the present situation of our country, of expressing the sentiments of this state in relation to certain measures of the general government; and although many abstract positions contained therein, may be considered as unexceptionable; yet so far as relates to the embargo, the undersigned representatives deem it their duty to enter to said resolutions their solemn protest, and dissent; for the following, among numerous reasons:
1st. Because the passage of the resolutions will have a tendency to paralyze the effects of the national administration in the operation of a measure calculated by it, for the publick good, without the most remote prospect of any important advantage resulting from them.
2d. Because we consider them as assuming incorrect premises, in insinuating, that the embargo is the cause of our present embarrassments; when in fact we view as their essential and ultimate cause, the conflicting ordinances of the belligerent nations of Europe.
3d. Because if the resolutions were to attain the proposed object; and were to be followed by a rescinding of the embargo under existing circumstances, we should consider our situation as replete with distress and embarrassment; for in most cases we see no expedient which can be resorted to, but either to navigate our vessels under the British licenses and taxation, which, besides prostrating our sovereignty and substantially recolonizing us in relation to Great-Britain, would inevitably involve us in a war with France; or by allowing our ships to arm and resist the ordinances of the belligerents would necessarily plunge us in a war with Great-Britain: as by reason of her possessing the controul of the ocean, we should be most liable to the enforcement of her orders in council.
4th. Because we apprehend the true interests of this country ought to induce the undivided wish of remaining at peace, so long as is consistent with national honour and sovereignty. And as for the reasons above suggested, we consider a departure from existing measures as inevitably involving us in war; we cannot too solemnly deprecate the injurious tendency of the resolutions to produce such an event; an event replete with the most gloomy anticipations, and incalculable in its consequences.
5th. Because we conceive the probable effect of the resolutions, by shewing a distrust, at this alarming crisis, in the measures of the government, will be to invite evasions of the embargo, and to excite resistance to the laws.
6th. Because we consider the resolutions, by advertising to the late administrations of the general government, and bestowing on them all their apportionment, in relation to the preservation and prosperity of commerce, navigation, and the fisheries, as intending the inference, that the present administration have neglected to foster objects so essential to the interests of the United States, and peculiarly so dear to Massachusetts—If such be the intent of the resolutions, we deem it unjust. In no instance have our commerce, navigation, and fisheries prospered so extensively, as for many years under our present rulers. At no period have they embraced so large an amount, as in the year ending in September last. And we cannot conceive how an administration whose financial operations, both in relation to the payment of our national debt, and its own support, are exclusively predicated on commercial arrangements, can be deemed desirous of annihilating them. Indeed, had the same causes existed under the former administrations for imposing an embargo—had the convulsions and injustice of the old world reached us in a similar manner as at present, with their desolating effects, we are con-
fident the measure would have been resorted to, as the last anchor of hope, and the only ark of safety, to our sovereignty and independence.
7th. Because the preamble of the resolutions states as their cause, the circumstance of others having passed the last session of the legislature, of a different nature—and represents as their object, the removing of any false impressions which may have been excited, respecting the views of this state in regard to the embargo. It will be recollected that the resolutions of the last session went to support, not to paralyze the national administration, in this alarming crisis of our affairs. Their object was to strengthen then the publick arm, and not to weaken it. To inspire general confidence, and not to excite universal distrust. But the present resolutions, we apprehend, will have an opposite tendency. While they embrace the sinews of the citizen at home, they will add new vigour to the belligerents abroad, in pursuing their atrocious system of infracting the rights of neutrals. Europe will consider us as a divided and distracted people. She will gain fresh hopes from our disunion, and perhaps, will contemplate with satisfaction, that the pressure of her injustice will have the two-fold effect of compelling us to accede to the most dishonourable terms, and of giving a new sanction to the principle maintained by despots, THAT THE PEOPLE ARE THEIR OWN WORST ENEMIES.
8th. Because we conceive the reposing of a proper degree of confidence in the exercise of executive power according to the forms and spirit of the constitution, as the most important of civil duties. In times of critical anxiety and apprehension, this confidence can be shaken without an essential cause, it will prove ultimately fatal to all republican institutions.—By introducing continual vibrations of the publick sentiment, and fluctuations of individual opinion, without proper reasons, the way is paved, by altering the general sentiment, for a radical change in the substance of our social institutions; and affords to the enemies of our happy constitution, an opportunity to introduce systems where force will govern instead of popular opinion, and where the strong arm of power will not even desire a reasonable confidence in relation to its own measures.*
* Signed by 168 Members The House of Representatives consists of nearly 500 members.
In the Circuit Court of the United States.
GEORGIA DISTRICT, MAY TERM, 1808.
The Bank of the United States, } vs. } Peter Devaux, Tax Collector, } and Thomas Robbins, Sheriff. } PRESENT, Their honours William Johnson, jun. and William Stephens.
This was an action brought by the President, Directors and Co. of the Bank of the United States (established, as they averred, under an act of congress, entitled, an act to incorporate the subscribers to the bank of the United States, passed the 26th of February, 1791) for the purpose of trying the right of the state of Georgia to impose a tax on the stock of the branch of the said bank, established at Savannah.
Woodruff and Harris, Plaintiff's Attorneys—Leake, Solicitor General—Mitchell and Bulloch, Defendant's Attorneys.
Per curiam. The action in this case is trespass. The defendants plead to the jurisdiction of this court, the plaintiffs demur generally, and the case presents, for the consideration of the court, the single question of jurisdiction.
It is incumbent on the plaintiffs to give jurisdiction to this court by proper averments on the record, that jurisdiction must be founded on circumstances of the persons, parties to the action or circumstances of the case. The averments intended to give jurisdiction are, "that the President, Directors, & Co. are citizens of the state of Pennsylvania, and that the bank was incorporated or established by a law of the United States." Upon the first of these averments it is to be observed, that this action must be instituted by the plaintiffs either in their individual or corporate capacity. In the former, it could not be maintained, or if at all, they must have sued by their baptismal names. In the latter, the individual is totally sunk in their corporate state of existence, that though it were true in fact, that the President, Directors & Co. were all citizens of the state of Pennsylvania, still they could not communicate their right of suing in this court, to the corporate body of which they are members. The constitution takes no notice of corporate bodies in enumerating the cases of which this court shall exercise jurisdiction upon circumstances of the persons. A corporation cannot, with propriety, be denominated a citizen of any state, so that the right to sue in this court under the constitution can only be extended to corporate bodies by a liberty of construction, which we do not feel ourselves at liberty to exercise. As a suit in right of corporation can never be maintained by the individuals who compose it, either in their individual capacity or by their individual names, how is the citizenship of the individuals of the corporate body ever to be brought into question by the pleadings? With regard to the jurisdiction of this court, as founded upon circumstances of the action, it is necessary in order to vest that jurisdiction, that this case should be brought, within the descriptions of actions, arising under the constitution or laws of the United States. The general principle is, that the states retain all the powers of sovereignty, not expressly relinquished to the United States. The states have relinquished the right of taxing individual property held within their jurisdiction under no possible circumstances, except where such a tax may come within the description of imposts or duties on exports and imports.
There is no question raised under the constitution—neither is it a question arising under the laws of the United States—no privilege or right created by the laws of congress is violated—the legal validity of the bank charter is not denied, nor any difference of opinion entertained of its effects—the act incorporating the bank contains no clause exempting the property of the bank from taxation—neither the construction nor constitutionality of any law of congress comes into question—it is, in fact, a question arising under the law of the state of Georgia, in which we can see no clashing or interference with the laws or constitution of the United States. Counsel have argued, that it is a case arising under the laws and constitution of the United States, because we must look into the constitution
and bank charter to determine the question of jurisdiction; but, if this proves any thing, it proves a great deal too much. For it would go to give this court jurisdiction in every possible case whatever. There would exist the same necessity of looking into the constitution and laws of the United States in a case between citizen and citizen of the same state, or in the most ordinary question of state jurisdiction.
It is true that this view of the subject may expose this valuable institution to some embarrassment, and it is to be regretted, that it cannot be better guarded, but it is to be hoped that a just and temperate idea of the true policy of the individual states, with its real and extensive importance to the union will always afford it ample protection—and, if their rights are violated, the state courts are open to them.
It is also true, that there have been cases before the Supreme Court in which corporate bodies were parties, that have undergone the review of that court without any notice being taken of this question, but the answer is, that there were no pleas to the jurisdiction of those cases, and any objections that may have been raised upon the face of the record, appear to have escaped the attention of the court and counsel. We are happy in understanding that this decision is to be received in the Supreme Court, its importance in every point of view entitles it to the highest notice of the court in which it can be considered.
Plea to jurisdiction sustained, Demurer overruled and judgment for Defendants.
THE PUBLICK LEDGER.
MONDAY EVENING, JUNE 27, 1808.
JOHN E. HOLT, Esq. was on Friday last elected Mayor of this Borough, vice R. E. Lee, Esq. term of office expired.
A letter is received in this town from Amsterdam, dated the 27th of April, which states that the mail of that day, had brought information from Spain, where the emperor of France then was, stating that the seizure of all American property was ordered in France; the same is expected in Spain and Holland. We place great confidence in this information because it is from a person of undoubted veracity.
The United States Frigate Chesapeake, has returned to her moorings at Crany Island.
A rendezvous for seamen was opened for this frigate, but we understand that very few have been enlisted. The truth is, there are but very few in the place.
A mercantile house in this place has received a letter from Antigua, dated the 1st inst. which states that a ship had that day arrived from St. Michael's (one of the Azores) with Eight Thousand Bushels of Indian Corn; the price of that article was three dollars per bushel, Flour 22 dollars per barrel.
The Legislature of New Hampshire have decided to choose Electors of President and Vice President by general ticket, and a Republican caucus have named the persons they mean to run.
The National Intelligencer informs that the Osage had been detained by Mr. Armstrong—The following is copied from the Washington Federalist:
"We are now enabled to state with certainty, that the Osage, on her arrival at L'Orient, was seized by the police, but afterwards released by a special order of the French government. This order, which contained a permit for the Osage sailing to England, positively prohibited her return to France from that country. Hence the cause of her long detention in France, that she might take on board Mr. Lewis, after he had transacted his business with gen. Armstrong. The Osage is daily expected in this country."
The following letter is copied from the Enquirer of Tuesday last, said (and we believe) to be from an American gentleman in London, and who in political sentiments is a decided Federalist. If we are not mistaken, the gentleman is not unknown to us, and is of great worth and respectability. At the same time as we do not exactly coincide with him in opinion, we shall offer some remarks on this letter which we will first insert.
LONDON, April 1st.
"It is with great surprise that I have of late seen the opposition the embargo has experienced from the northern federalists. I trust my Richmond friends have not taken the same side. This opposition seems to be for opposition sake alone—for I cannot believe it possible that the federalists themselves would have acted differently, had the administration been in their own hands. What with the decrees of Napoleon and the British orders of council, I cannot see what middle course between the embargo and war, America could have pursued. And if the embargo has produced great embarrassments in the mercantile world, and has been the effect of lowering the value of the produce of the soil, it is fair to enquire whether a war would not have greatly increased those evils. The war most have been against both England and France; for certainly America will not suffer England to justify an aggression on her rights, by saying that France has also attacked her. I, for one, would have no hesitation in going to war with both, did I not think that without the expense and danger to ourselves of war, the embargo will produce all its effects upon our enemies. Those effects are severely felt in this country at this moment, and if the American people possess sufficient virtue and firmness to adhere to the measure, regardless of the privations which must attend it—there cannot remain a doubt that this country will have to retrace the steps she has taken. The manufacturers already complain bitterly at the loss of their spring trade; they have been obliged to turn off almost all of their workmen, for it is to be observed that it is alone through the American flag that the manufactures of England reach the continent, as there is at present no other

neutral. Petitions against the orders of council have been multiplying daily, as their effects begin to be more and more felt. Several manufacturers, with whom I have conversed, declare that the distress among the lower class of workmen in the neighbourhood of the manufacturing towns is almost incredible. The effects of the embargo seem not to have been sufficiently felt in the West Indies, owing to the circumstance of there being a tolerable supply of provisions on hand; but if it continues six months longer, it will have an effect in those islands which will be ever after of substantial benefit to America. It will convince European nations who have West India colonies, that those colonies are completely in the power of the United States, and that by refusing them lumber and provisions, we can at any time distress, if not starve them. And it must be observed, that any distress which the British colonies experience from the embargo, will have an immediate effect of producing the revocation of the orders of council. For it is worthy of remembrance that, although the preamble of these orders pleads the decrees of France as the cause and justification of their being published, that plea is a mere pretext, and the real object which the government had in view, was to relieve their West India merchants and planters, who complain that they must be ruined, if American ships are suffered as heretofore to carry the produce of the French and Spanish Islands to the continent. While that trade is permitted, the Americans supply Europe with sugar and coffee at so low a rate, that the British West India merchant cannot export from this island a pound of either article. And as the produce of the British islands far exceeds the consumption of this country, there is always a glut of the articles, which obliges them to sell at a loss, even for the supply of that consumption. By cutting off the supply usually received through the United States, they suppose that they can force their own West India produce into the continent. A most absurd supposition! and to shew how little value Buonaparte attaches to a supply of sugar and coffee, he has put a total interdict to its importation. Of the extent of the injury which a continuance of the embargo will do to England, some idea may be formed from the exports for the last year. The whole exports of the kingdom amounted to about 40 millions of pounds sterling, including colonial produce, East India goods, &c. &c. as well as the manufactures of the country. Then she had the trade open to Russia, Sweden, Prussia, Denmark, Portugal, the port of Trieste, belonging to Austria, and the United States of America. To the latter country the exports amounted to 10 millions, or one fourth of the whole export of the country, and consisted altogether of manufactured articles. Of all the other powers with which the trade was open last year, there remains none to which an English ship can go, except Sweden—and there cannot remain a doubt, but that she must shortly be obliged to follow the example of her neighbours.—Great Britain cannot, therefore, trade with any of the above nations without the intervention of a neutral flag, and America is now the only neutral. There remains, therefore, only the trade to Sicily, (which probably will soon be conquered by France,) to the island of Sardinia—to the Brazils, (for the supply of a population which does not exceed 300,000 whites,) to the East Indies, (to which there is no export but money)—to the West Indies, (for the supply only of the whites, because the slaves use none of the manufactures of England except a little coarse linen)—and the trade to the North American colonies. If, therefore, the present state of things should last, the export trade of this country must inevitably fall short, more than three fourths of the usual amount. What effect such a defalcation must produce in so commercial and manufacturing a country, may well be imagined. But the defalcation which will be experienced in the revenue, will more immediately affect the government, since it must lose not only the duties on export, but also the duties upon the imports, which are to a much larger amount. The single article of tobacco consumed in this kingdom, affords to the government a revenue of more than two millions sterling. The event then must be, that the present ministers must abandon their measures, or resign their places to persons who will pursue a different policy towards other nations.
"When the bill laying duties upon American produce brought into port in consequence of the orders in council, and prohibiting altogether supplying the continent with cotton gets to America, I presume there will be perfect unanimity in favour of the embargo. It seems that the orders of council are justified by some, on the ground of retaliation against France, and on the ground that England had a right to blockade the continent, and of course the permission to proceed to the original port of destination, after having come into an English port and paid duties, is to be considered as a concession and favour granted to a neutral. These persons seem entirely to have forgotten that the right of retaliation (admitted at all, where it operates on a neutral,) is a strict right, and does not authorise the adoption of measures totally different from those adopted by the enemy—Buonaparte refused admission into his ports for any ship coming from or touching at an English port, which he unquestionably had a right to do; and in retaliation, England might have refused admission to any ship coming from a French port; but could not say that a neutral going to a French port must first touch at an English one. And allowing the right to declare the continent in a state of blockade, the neutral had still clearly a right to proceed to any other port not included in that blockade, viz. Sicily, Sardinia, Africa, or Sweden, to dispose of her cargo—whereas, under the orders of council she is compelled to come into an English port and pay duties, or return directly home. The order declaring legal prize all ships having certificates of origin on board, is of all others the most preposterous, as this nation will not herself suffer an American ship to bring to England any one article which is not the produce of America, and it must be so certified. I hope the next accounts from America will shew that there is but one sentiment, and that that is a determination to oppose every aggression which any nation may commit, and to submit to every inconvenience (for it is only an inconvenience) which the countenance of the embargo may produce. The government of this country calculate upon our inability to pursue the system we have adopted, flattering themselves that those discontented, which they see expressed in the northern papers, will break out in such a way as will force the American government to abandon their system or produce a disunion of the states."
REMARKS.
The writer endeavours to shew that by an adherence to our embargo, we shall force Great Britain to rescind her orders in council, and proceeds to shew by what means. We think it will not be difficult to prove that the principal inconveniences which are experienced by Great Britain, would not be removed, if the orders in council were rescinded, and that other inconveniences are much overrated. We wish to be distinctly understood as not defending the justice of those orders, as they apply to the United States—We shall only undertake to shew that the inducements on the part of Great Britain for rescinding those orders are not so powerful as the writer supposes, and that consequently if we place our expectations in being relieved from the pressure of the embargo through the means which are relied on by the writer, that we shall be deceived.
"The manufacturers already complain &c. (says the writer) for it is to be observed that it is alone "through the American flag, that the manufactures of England reach the continent of Europe."
Now would not any person infer from this, that the orders in council had caused British manufactures to be excluded from the continent? Such, however, is by no means the case. The exclusion of British manufactures from the continent of Europe, was commenced with respect to France, Switzerland and Holland, more than three years since, and was extended to other parts of Europe after the battle of Jena, as the nations of Europe submitted to French domination, and was carried into complete effect (as to the principle) after the treaty of Tilsit, and before the orders of council were issued. We cannot therefore perceive how a revocation of the orders of council, would give a vent for British manufactures on the continent of Europe, when they were excluded prior to the issuing of those orders. We think therefore that this inducement on the part of Great Britain to rescind her orders, does not exist.
With respect to the operation which the embargo will have on the British West Indies, it is certain that it will be very severe, but by no means so much so, as may be supposed. We differ from the writer in his calculation upon the effect hereafter to be produced. The greatest difficulty has been found in the first five or six months, beyond which time there were not supplies of provisions when the embargo went into effect. There are none of those islands which cannot make a sufficiency of Indian corn for their consumption, of which grain two crops can be made in the year, exclusive of what they term ground provisions.—But why should we wander into the uncertain field of speculation, when we have the benefit of experience to guide our judgment? The islands of Great Britain were, during our revolutionary war, seven years completely cut off from all communication with the United States—yet she did not lose her colonies, nor were their inhabitants starved—notwithstanding the supplies which those islands needed, were often interrupted, by the Fleets of France, Spain and Holland, and the activity of the American cruisers. There are no fleets now to interrupt those supplies, when they are to be drawn from their sources. The indisputable naval superiority of England, will secure for her colonies, supplies more abundantly, than she was able to furnish when opposed to a naval force, that in the end overpowered her. The colonies will however experience much inconvenience, and it is for Great Britain to measure that inconvenience by maxims of policy, as connected with the subject in a great national view.
The writer then proceeds to affirm that one of the motives with the British government for the orders in council, was to favour the West India planters in the sale of their produce on the continent of Europe. The writer appears in this instance to forget, as he did with respect to British manufactures, that the produce of the British colonies was excluded before the orders were issued. With respect to France and Holland, every merchant trading to those countries, knows that for some years past no colonial produce would be admitted into them, unless accompanied with what is termed a certificate of origin, proving that the goods were not of the produce of the British islands. It therefore does not appear, that by rescinding the orders in council, the West India planters would derive any benefit, as their produce was excluded from the continent before those orders were issued, and it this is relied upon by us, we shall again be deceived. The writer speaks next of the loss which Great Britain sustains by the exclusion of her commerce and manufactures, from various parts of the continent of Europe; this, however true, does not prove any thing to the point, because as we have already shown, their commerce and manufactures were excluded before the orders in council were issued.
With respect then to the extent of the British exports to this country, they are put down in round numbers at 10,000,000 sterling. We might observe that our non-importation law excluded a very considerable part of the manufactures of England, before the orders of council were issued, and consequently a revocation of these orders would have had no operation upon those articles previously excluded. But we will meet the subject upon a supposition that a revocation of those orders would produce a repeal of our non-importation act, and that the manufactures of England would be admitted without obstruction.
Ten millions of pounds sterling, are given as the
amount of British manufactures exported to the United States. We presume this amount has been given in round numbers, and upon conjecture, without reference to official documents. We shall presently shew the actual amount, but we would first premise that we can only be considered as customers, as far as we are consumers, the amount which we export to other countries, and for which the United States are only the entrepot, does come not in to the estimate, as by means which we shall hereafter shew Great Britain will supply those countries herself.
At the time the non-intercourse law was under consideration this subject was fully investigated, and the report of the Secretary of the Treasury must be taken as conclusive. That document states the whole amount of our importations from the British dominions in Europe to be 27,403,060, equal to 6,100,000 pounds sterling. What proportion of those were exported, it is not in our power to state, as we have no official report of the exports of that year, but we have a report of exports for the year 1807, from which may be formed some judgment.
From the Secretary's report, our export of foreign goods to the West India Colonies are as follows, viz.—
  Of Sweden, $ 911,155   Spain, 9,870,753   Denmark, 1,505,988   France, 2,968,816   Holland, 307,366 
15,564,073
If one third of that amount only be taken as being of British goods exported, it will leave us as consumers of British manufactures less than five millions of pounds sterling, instead of ten millions, so that in this instance the inducements on the part of Great Britain to rescind her orders are overrated greatly, besides of those five millions, the whole is not actual loss, it is only the profits that are lost.
We repeat that these remarks are not made with a view to defend the orders of the British council, but to shew that the inducements to rescind them, are not so great as the writer supposes. From what has been said, it appears that the profit on five millions of pound sterling of manufactures sold to this country, forms the chief inducement to rescind the orders in council, for her manufactures and the produce of her colonies were excluded from the Continent of Europe, before those orders were issued. We have bestowed much time on this letter because we perceive the use which will be made of it. It may tend to encourage that delusive and fatal policy, which examines and calculates the effect of measures, not as they may affect ourselves, but other nations. The instance before us, proves that these calculations are not so accurately made, as they should be, in order to deserve the consideration that will be endeavoured to give them.
We agree in opinion that France and England have both treated us with great injustice, and that both have given us cause for war, but we are not disposed to go to war with both, such a measure, perhaps more of chivalry than policy. Having upon other occasions stated our objections at large to the embargo, we shall not obtrude them at this time.
The censure bestowed on those who have condemned the embargo policy, is in a style that was unexpected, and is not just, for we hold it as a fundamental maxim of our constitution, that every measure of government may be examined with freedom, and exposed, if judged expedient; and it is rather singular that the writer applauds a minority of the British king's subjects, for doing what he censures in his fellow citizens of a free republic. He speaks with satisfaction of the opposition which the minority in England give to the measures of that government, and predicts with confidence that they will compel the government to depart from the line of policy which it has adopted, but the minority in America, are not permitted to question the wisdom of measures without being subject to reproach.
We stated that Great Britain would supply those countries to which we exported her manufactures—those are the colonies of Sweden, Denmark (now belonging to England) and Spain, and amount to about twelve and a half millions of dollars; with respect to the two first no explanation is necessary, the latter is carried on by means of a licensed trade from Jamaica and New-Providence to the Spanish colonies. The extent has been considerable, and the state of Europe promises an increase.
We have taken no notice of the introduction of British goods at this time into the continent of Europe, by means of the American, Bremen, and Papenburg flags. It is in contradiction to positive decrees; and if it proves any thing, it proves that the powers of the continent are compelled to abate in the rigour of their own laws, and that British manufactures and commerce cannot be dispensed with. Such will always be the consequence when measures are dictated by passion and prejudice, and not by the sober maxims of policy, sanctioned by experience.
* After these remarks were sent to press, we received the circular letter of the hon. W. C. Nicholas, in which he states that we export from eight to ten millions of dollars value of British goods annually. This is more than we had supposed, and makes us consumers of British goods to the amount of only four to four and a half millions of pounds sterling.
We shall conclude this long article, by wishing that the people of the United States would examine measures, more as they apply to themselves, and less as they affect others.
From the Albany Gazette.
The following paragraph is copied from the answer of the president of the United States to an address from the "Democratic Ward" of Philadelphia:—
"It is to be lamented that any of our citizens, not thinking with the mass of the nation as to the principles of our government, or of its administration, and seeing all its proceedings with a prejudiced eye, should so misconceive and misrepresent our situation as to encourage aggression from foreign nations. Our expectation is that their distempered views will be understood by others, as they are by ourselves—But should war be the consequence of these delusions, and the errors of our dissatisfied citizens find atonement only in the blood of their sounder brethren, we must meet it as an evil necessarily flowing from that liberty of speaking and writing which guards our other liberties—and I have entire confidence in the assurances that your ardour will be animated, in the conflicts brought on, by considerations of the necessity, honour, and justice of our cause."
"TH: JEFFERSON."
"May 25, 1808." Has Mr. Jefferson any recollection of a man, who, when secretary of state, under general Washington, held with a foreign minister a language "CONFIDENTIAL," so "misrepresenting our situation as to encourage aggression" and insult?—Does he recollect a secretary of state, who "seeing all the proceedings of our government with a jaundiced eye," did patronize a publick newspaper, in which attempts were constantly made to bring into discredit with the people the administration of Washington, and to induce foreign nations to believe, we were a divided and distracted people?—Does Mr. Jefferson recollect a man, who, "not thinking with the mass of the nation as to the principles of our government, or of its administration," revised the proof-sheet of Callender's infamous "Prospect before us," in which general Washington was called a "traitor," and president Adams "a hoary headed incendiary?"—Does he recollect the man, who paid Callender FIFTY DOLLARS for writing the same infamous book, these writings, "aided by Taxgatherers," would have the best effect, and "soon put the people right?" Does he recollect the person who wrote the letter to Mazzei, and the contents of that letter?—Candid answers to these queries, might be of great service to "THE PEOPLE" at this time, in justly appreciating the conduct of some men in power, and in deciding on some of the most prominent measures of the administration, particularly those which DEPRIVE ONE PART OF THE COMMUNITY OF THE PRIVILEGE OF EATING BREAD and the other of FINDING A MARKET FOR THEIR SURPLUS PRODUCE.
* See Genet's letter to the then secretary of state.
PRICES CURRENT. AT ROTTERDAM, APRIL 25, 1808.
   At Cents per pound.     Cotton Wool, Georgia, 84 90   Louisiana, 96 100   Sea Island, 106   Sugars, mus. British Islands,   Guadaloupe, 24 28 1/2   Martinique, 23 25 1/2   >Danish Islands, 23 27 1/2   >Clayed, 24 28   >Havanna, brown, 30 31   >                    white, 27 29   20 35   At Cents per pound.   Coffee, West India, in casks,   >Green, 62   >Middling, 58 60   In bags, 1 cwt. more per lb.   >Java, light colour, 60 64   >Bourbon, 65   Tobacco, Md. bright brown, 25 34   >Virginia, common 24 30   Cocoa, Caraccas, 52 58   >West India, 56   Indigo, Guatimalo, $2 60 4 72   >Bengal, 2 4 72   Peruvian Bark, red, 2 60 3  
BALTIMORE, June 20.
Ferguson's Norfolk packet which left this city on Friday evening, was upset about 6 o'clock, off Magothy, by a whirlwind. The water came in so fast at the cabin windows, that she soon filled. The passengers with difficulty saved their lives; they were taken up by a craft bound up, which was within a few hundred yards of her at the time, but left nothing of the squall. A horse that was in the hold, and most of the baggage of the passengers and of the captain, went down with the schooner. Fortunately there were no females on board, or they must have perished.
[We are happy to state that the packet has been raised, and has arrived at Baltimore.]
June 21.
In a sudden squall on Saturday last, the 18th inst. at 6 o'clock in the morning, gun-boat No. 5, was upset off Holland's Island and sunk immediately. The purser's steward and two marines were drowned. The commandant, midshipman, and the remainder of the crew were taken up by capt. Schneeman, of the schooner Victory, which vessel was in sight when the accident happened, and in which they arrived at this port yesterday. This must have been the same squall which upset the Norfolk Packet, capt. Ferguson, as both accidents happened on the same day and at the same hour in the morning.
ALEXANDRIA, June 22.
Entered, schooner Fame, Dangerfield 14 days from St. Bartholemews. This is one of the vessels that sailed from this port in ballast.
Flour 20 dollars, corn 3 dollars per bushel. Flour was 22 dollars at Antigua.
Twenty Dollars Reward.
Deserted from Gun-Boat No. 64, on the 21st inst. PATRICK FITZGERALD, a private in the marine corps, born in Ireland, 33 years of age, 5 feet 4 inches high, black eyes, sallow complexion, a currier by trade. The above reward will be given to any person who will deliver him to the commanding officer at the navy yard, Gosport. June 27.
HERBERT'S Packet is ready to sail for Baltimore. For freight or passage apply on board at Newton's wharf. June 27.

ENGLISH KID SHOES.
WOOD & HASTINGS, HAVE JUST RECEIVED, 1 trunk fashionable English Kid Shoes For Sale at a very low price. To close a consignment, they will sell the best of Hussar BOOTS at 8 Dolls. per pair, Backstrap do. at 10 do. do June 9
A Cargo of Liverpool Stoved SALT, For Sale on board the ship Mar. Moses Myers. April 18.
For RENT, The Store, Compting-Room & Cellar at present occupied by Messrs Wood & Hastings, no 30 Main-street. Apply to Thomas Willock. August 24.
Just received by the Schooner Polly, from Boston, and for sale by E. STURTEVANT, No. 77, Main Street, A fresh assortment of Ladies' Kid and Morocco SLIPS.
ALSO, Monroe SHOES with Heels. June 6.
BANK NOTES LOST. FIFTY DOLLARS will be paid to any person who will give the Subscriber such information as will enable him to recover the following Bank Notes, of the Branch Bank of the United States, Norfolk. L No 1134—dated Philadelphia, 6th July, 1804, favour R. Taylor, for 100 dollars. F No 6—dated Philadelphia, 12th April, 1803, favour R. Taylor, for 100 dollars. WILLIAM DICKSON. June 6
I will give Cash for barrel STAVE for fifteen days from this date. Moses Myers. June 6.
At the Old CUT-NAIL Manufactory, corner of Main and Church-streets, the subscriber keeps a hand constant supply, and can furnish at short notice any quantity of
Nails, Flooring Brads and Sprigs, At the following reduced prices, by the Keg—(a cash only, viz— 8, 10, 12, and 20d Nails and Brads at 7 1/2 lb. 6d Nails, 9 1/2 lb. 4d do. 2s. 9d. m. or 11d 3d do. 2s. 3d. or 12 1/2 Sheathing, 7 1/2 lb. 6d Sprigs, 4s. 6d per M. 6d do. 2s. 9d 3d. and 3d. do. 2s. 3d He offers also for cash only— HOOP IRON ASSORTED. Thos Seaman.
At Private Sale, By S. MARKS, Jun Corner of Commerce and 10th-street 10 hhds. Antigua, 12 do. N. E. 50 barrels do. RUM, 30 hhds and 20 barrels Sugar; 10 pipes Country Gin, 8 pipes Cognac Brandy; 150 boxes of Candles, 6 boxes Spermaceti Candles; 4 bales Blankets, 3 bales Blue Duffs; 1 do fine Cloths, 1 do blue Plains, 3 do Rugs; 1 do Check Shirts, 56 do Ticklenburgs and Oznaburgs; 2 do HOLLANS 1 trunk Madras Handkerchiefs October 24
The Subscriber having resumed his former Business of Commissioner and Broker, will buy or sell Goods on Commission, post Books, adjust Accounts, and procure Money on good paper or merchandise, at the shortest notice. James Maurice, No 44, Church-Street M 30.
FOR RENT. The STORE in Market-Square, now occupied by the subscriber. For terms apply at his office. Thomas Blanchard. April 7.
6000 bushels Stoved SALT, 50 crates well assorted Earthenware—For Sale on board the ship Sally, by A. Maclure. March 2.
Leather, Cordage, and Loaf Sugar. The subscriber will hereafter expose for Sale at his Warehouse on Campbell's wharf the above Articles, of the manufacture of Norfolk, at reduced prices for Cash, or on short credits only. Theo. Armistead. He will sell or lease for a term of years, the STORES at the end of Marsden's and Rothery's wharves. Feb. 20.
Richard Jeffrey & Co. No. 66, Main-street, corner of Bank-Street, have just re- ceived from London, per the ship Planter, An assortment of MEDICINES, of the first quality. Also, a few hundred weight refined Salt Petre, Hardham's Snuff, No. 9, and 37, in 1-2 and 1-4 pound cannisters, Violet, Benzoin, Windsor and Shaving Soap, Evan's best Crown Lancasters, Tooth Brushes of superior kind, Refined Liquorice, &c. They have on hand, and are in daily expectation of receiv- ing from Amsterdam, all kinds of GLASS WARE, suitable to Apothecaries. MEDICINE CHESTS for ships and family use, with printed directions, put up as usual. October 5.
Fresh Imperial TEA. Just received 17 boxes fresh Imperial TEA, of the present year's importation—Also on Hand, 25 tons assorted BAR IRON, 80 barrels and a few hogsheads Muscovado Sugar, 40 barrels and bags Green Coffee; 25 hhds. old Antigua Rum, 20 hhds. Molasses; 8 pipes French Brandy, 10 crates assorted Queen's Ware, A few quarter casks of Sherry and Teneriffe Wine, Whiskey in barrels; Loaf Sugar, New York prime Pork and Beef; 30 casks Cheese, A few barrels Mackerel; Soap; Candles; Demijohns, &c For Sale by Jennings & Roddey. February 26.
For SALE, 4000 bushels Ground Allum SALT, And a few well assorted crates of EARTHENWARE. George Murray, & Co. December 7.
NORFOLK BOROUGH. At a Hastings Court continued and held the 25th day of May 1808. Cornelius Cruywaygan, Compt against Maritz Bozell and Moses Myers, Defendants. In Chancery. The defendant Maritz Bozell not having entered his appearance and given security according to the act of assembly and the rules of this court; and it appearing to the satisfaction of the court that he is not an inhabitant of this borough; on the motion of the complainant by his attorney, it is now ordered that the said defendant Maritz Bozell do appear here on the forth Monday in July next, and answer the bill of the complainant; and that a copy of this order be forthwith inserted in some Newspaper printed in this Borough for eight weeks successively, and posted at the front door of the Court House of said Borough; and it is further ordered, that the defendant Moses Myers who hath affidavits of the said Maritz Bozell in his hands, do not convey away, or secret such effects, but retain them until the further order of this court. A Copy, WILLIAM SHARP, C. C.
NORFOLK BOROUGH. At a Hastings Court continued and held the 24th day of May 1808. Thomas Jones, Compt against Thomas Wright, administrator with the will annexed of Thomas Newton, deceased. In Chancery. The defendant not having entered his appearance and given security according to the act of assembly and the rules of this court; and it appearing to the satisfaction of the court that he is not an inhabitant of this borough; on the motion of the complainant by his attorney, it is now ordered that the said defendant do appear here on the forth Monday in July next, and answer the bill of the complainant; and that a copy of this order be forthwith inserted in one of the Newspapers printed in this Borough for eight weeks successively, and posted at the front door of the Court House of the said Borough. A Copy, WILLIAM SHARP, C. C.
VIRGINIA to wit: At a Chancery District Court held in the City of Williamsburg, the 26th day of April 1808. Robert, John, and Frances Howard, infants under the age of twenty one years, by Henry Howard their father and next friend. Plaintiffs. Against Mary Slater, widow and devisee for life of John Slater, deceased, Richard and William Slater, sons and devisees of the said John Slater, deceased, Edmund Tabb, Frances Tabb, an infant under the age of twenty one years, Frances Powell, Elizabeth Smith, and Miles Cary, executor of John Slater, deceased, and as executor of the said John, who was executor of Richard Slater, deceased. Defendants. On the motion of the plaintiffs by their counsel, Sarah Tabb is assigned guardian to the infant defendant Frances Tabb, to defend her in this suit, and the defendant Edmund Tabb not having entered his appearance and given security according to the act of assembly and the rules of this court, and it appearing to the court that he is not an inhabitant of this court; it is ordered, that the said defendant do appear here on the first day of the next term, and answer the bill of the plaintiffs, and that a copy of this order be forthwith inserted in one of the Newspapers published in the Borough of Norfolk, for two months successively, and posted at the front door of the former capitol in this city. A Copy, Anthony Robinson, C. C.
SAMUEL COLEMAN, Market-Street, westward of the Market, has established A Boot and Shoe MANUFACTORY Forth a purpose he has employed the journeyman who were formerly in the service of Mr. Walker—as those are said to be the best workmen in the place, and as he is determined to spare no expense in getting the best materials, it is probable that those will be well served who choose to promote an in- stitution so favorable to the interests of Norfolk, inasmuch as that it will give employment to a considerable number of people, and it will be made extensive in proportion to the encouragement given to it. New SHOES from New-York, as usual for Sale—such as have been generally sold in retail at $2. and $3. for $4. 50; at 1 1/2 for 1 3/4; 6d. except of Morocco leather; Ladies' Mocco Slippers at $3. 3d. for 7s. 6d. and in nearly the same ratio for every other kind of Shoes, where the former prices will bear reduction. Gentlemen's SHOES and PUMPS of many kinds, made in his factory, and in Newark. VERNON'S BOOTS, which are no doubt elegant—Having on hand nearly 200 pair of Boots, he believes there are very few gentlemen who cannot be fitted. A few hundred bushels of ground Allum Salt; India Cot- tons, &c. &c. as low as they can be sold for a profit, for Cash. From 10 to 15 BOYS may get good places as apprentices to the Boot and Shoe-Making Business— those will be preferred who have been taught to read, write, and cypher; none will be taken under 12 nor over 16. June 6.
WHITE JEANS, &c. Just Received A few pieces very fine White JEANS, Real Patent NANKINEES, Best NAVY CLOTHS, and fashionable BUTTONS. For Sale by WOOD & HASTINGS. May 9.
NOTICE. The partnership of Ellis & Sprigg, of Hampton, is this day by mutual consent dissolved—all per- sons indebted to the said firm are requested most earnestly to come forward and pay their respective balances to Mr. C. Sprigg; and all those who have claims against said firm, to produce them to said C. Sprigg for settlement. Samuel Ellis, Per his Attorney in fact, Robert Gibson, Corbin Sprigg. Hampton, February 17.
On Hand, A few qr. casks of choice Teneriffe WINE, And a few kegs fresh Dutch HERRINGS.—For sale by the subscriber. Moses Myers. April 25.
Mackinder & White, Have just received from on board the Schooner Liberty, Capt. Lewis, from Philadelphia, 150 boxes fresh Imperial and Hyson TEAS, of superior quality. ALSO, A fresh supply of Hollands GIN, Ticklenburgs, superfine Cloths, Gentlemen's Silk Hats, Parasols, &c.—Which they offer for Sale on the lowest terms, for cash or approved notes. N. B. A few barrels of prime Smithfield MESS PORK April 15.
The Subscriber is disposed to Con- tract for a quantity of BRICKS and LIME. Terms will be made known on application to John Saunders, Asst. M. Agent Fort Nelson, June 17.
SHOES SELLING OFF. E. STURTEVANT, No. 77, Main-Street, Offers for SALE at cost and charges, The greatest variety of SHOES ever offered for sale in any one store in the United States, for CASH only. All persons indebted as above, are respectfully requested to make payment. June 17 3
Received per Ship Fame, 31 puncheons Jamaica RUM, 6 do. fine retailing Molasses. For Sale by Wilson, Cunningham, & Co. June 13
NOTICE. Whenever hereafter any person or persons, shall prefer his or their petition, to the Judge of the Virginia District, for the purpose of obtaining a mitigation or remission of any fine, penalty or forfeiture, incurred under the laws of the United States; such petition must be de- posited with the Clerk of the District Court, and by him, be transmitted to the Judge. By order of the Honourable Cyrus Griffin, Judge of the United States for the District of Virginia Teste, Seth Foster, Clerk. June 15.
FOR RENT, A convenient Dwelling-House for a small family, pleasantly situated. Apply to Job Palmer. June 15.
William and Mary College. The Visitors of William and Mary Col- lege are reminded that the semi-annual examination of the Students and Grammar Boys will commence on the 28th day of June. Frequent attempts to obtain a meeting have heretofore failed in consequence of some of the members not find- ing it convenient to attend. This not only augments the la- bour of those who make it convenient, but the interests of the College are neglected. S. TYLER, Rector. Williamsburg, May 30.
LANDING Landing at Southgate and Dickson's wharf, from the ship Fame, from Jamaica, and for Sale, 86 puncheons choice 4th proof Rum, 20 hogsheads do. Molasses, 4 casks Ginger; 18 bags Pimento. William Dickson. June 18.
FOR SALE at my Brew-House, Strong, Table, and Ship BEER, by the hogshead, barrel, and half barrel—and a constant supply of bottled PORTER in packages and by the dozen. And in Store, Wines, Liquors, and Groceries, wholesale and retail. Joseph Hayes. Feb. 18.
STOLEN, A SILVER CANDLESTICK, Stamped on the base J Lownes. The negro woman who it suspected took it about a fortnight since, may have offered it for sale or pawn for rum, of which she is very fond—FIVE DOLLARS will be given to the person who may bring it to the Office of the Ledger. April 22.
LABOURERS WANTING. The President and Directors of the Dismal Swamp Canal Company want to hire for the ensuing season, a number of Hands to work on the Canal; they will be provided with good wholesome food, and the usual quantity of whiskey per diem—liberal wages will be given, and their wages paid at the end of every month. Apply to Richard Blow, William Cannack, or Samuel Proctor, Overseer. May 6.
LANDING From on board the Swedish Sloop African, captain Portelly, from St. Bartholomews, 2800 HIDES, Spanish, 10 tierces fine Green Margalante COFFEE, 15 seroons Flotant INDIGO—For Sale by Wilson, Cunningham, & Co. IN STORE, 10,000 wt. good COFFEE, 15 hogsheads good 2d quality SUGAR, 10 do. N. E. RUM. May 27.
RICHARD & JOHN TAYLOR, Have received by the ship Rolla, Captain Garey, from London, A few Packages of GOODS, suitable for the season. They have also on Hand, Cambric; common and furniture Calicoes; plain and striped Dimities, White and coloured Jeans; Irish Linens, Sheeting and Cot- ton Shirting; London superfine Cloths and Cassimeres, 4 4 and 6 4 Cambric Muslins; Ginghams, Silk and Cotton Chambrays, Ladies' and Gentlemen's Gloves and Hosiery, of all kinds, Sacking, Oznaburgs, and Brown Rolls, Pipes by the box, and Coppelas by the barrel, And an assortment of HARDWARE, NAILS, &c. all of which they will sell low for Cash, or undoubted Paper at Sixty Days—Also for Sale, 150 barrels NEW PORK, 50 kegs Lard; Old Jamaica Rum and Sugar. May 6.
WOOD & HASTINGS, Have just received from Baltimore and Philadelphia, a hand- some assortment of SPRING GOODS, which with their goods on hand, comprise a large and gene- ral assortment, and they will be sold at very reduced prices for Cash only. May 9.
NOTICE. The Copartnership of RICHARD POWLEN, & Co. having expired, Richard Drummond is authorised to receive and pay the debts of said concern. Moses Myers, Richard Bowden, Richard Drummond. February 2.
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 un- 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 prescriptions in chronic diseases, and the length of time which elapsed during his life 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 of the highest credit, that incredulity itself cannot doubt the virtues of Dr. Tissot's Gout and Rheumatick Drops. Large quantities have already been vendred, and the fact 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. Testi- monies of their value, and a volume of attested cases per- formed by them, may be seen upon application at T. W. Lyttle'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 "low 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, agreed 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, which on application of the same remedy in like manner, the disorder in the course of twenty-four hours was entirely removed. It is, therefore, from the experience I have had of the efficacy of said medicine, consider it a beneficial 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 injury by a fall; in a few hours after it was affected with a most excruciating pain, so 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 effected. I have frequently since in other cases, both used them myself, and recommended them to others with invaria- ble success. (Signed) JOHN GIBSON. Certificate of Mrs. Mary Taylor. I, Mary Taylor, No. 135, Plumb Street, Philadelphia, aged upwards of seventy years, having been affected with very violent rheumatic pains for more than eight years, being recommended to apply Dr. Tissot's Gout and Rheumatick Drops, on only using half a bottle every rheumatic 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. North
ALSO, DR. ROBERTSON'S Patent Stomachick Wine Bitters. Celebrated and well known for their superior qualities in restoring weak constitutions, depleting WORMS, cleansing and strengthening, giving a prompt 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 terminating fevers, agues, autumn- al fevers, dysenteries, &c. &c. They are particularly ser- viceable to the feeble who make long sea voyages, and are exposed to unhealthy climates, as a powerful preservative against contagious disorders. PRO BONO PUBLICO. Patent Water-Proof Brushwick Black- ing, prepared with oil, which soaks, preserves, and beauti- fies 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 gentlemen and gentlemen who are much exposed 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 pic of which may be seen at the warehouse. The above Blacking is prepared and sold only by T. W. LYTTLE, at his Medical Warehouse, No. 57, North Second Street, Philadelphia; fide also by his appointment, at BONSAL, CONRAD, & Co. Book Store, Norfolk; and at SOMER- VELL & CONRAD'S, Petersburg. It will be 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.
LANDING from the Sloop African, from St. Bartholomews, 258 bags Gaudaloupe COFFEE, 37 hogsheads } St. Martin's SUGARS. 8 barrels } 8 puncheons Rum. In Store, 60,000 wt. Jamaica COFFEE, 10,000 do. LENTILS 90 kegs RUMS; 150 barrels Rye Whiskey, 4 pipes Country Gin; 10 pipes old Madeira Wine, 6000 bushels IRENA 55 0 do. St. Ubes } SALT 2300 do. Turk's Island } 5000 do. coarse Liverpool } C. & F. WHITTLE. May 30.
Two thousand Spanish HIDES, For sale by William Plume, & Co. June 6.
NOTICE. The Subscribers have removed to the Ware-House, No. 6, on Newton's wharf, formerly occupied by Messrs. John D. Haldane, & Co. JENNINGS & RODDEY. January 8.
FOR RENT, That convenient Dwelling-House, on Brewer Street, the property of Mr. John Davidson, at present occupied by Mr. Stephen Harris. Also, That convenient House, where Mr. Cornelius Calvert formerly lived, they have very fine gar- dens and all convenient out-houses—possession may be had on the first day of May next, on application to James Tucker. April 13.
NORFOLK. PUBLISHED THREE TIMES A-WEEK, BY WILLIAM DAVIS, FOR THE PROPRIETOR, Opposite the Exchange Coffee-House. Price Six Dollars yearly, in advance.