The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1807-02-02 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. VII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. 983.
FIVE DOLLARS PER ANNUM.
MONDAY, FEBRUARY 2, 1807.
PAID 12 1/2 CENTS
CONGRESS.
HOUSE OF REPRESENTATIVES.
THURSDAY, JAN. 22.
The House resolved itself into a Committee of the Whole on the report of the Committee of Commerce and Manufactures on the memorials of the sugar refiners—Mr. BASSETT in the chair—it was read as follows:
The Committee of Commerce and Manufactures to whom was referred the petitions of Edward Pennington and others of Philadelphia, and Charles Garts and others of Baltimore, sugar refiners, submit their report—
The petitioners are manufacturers of sugar in the U. S. and request that the sugar refined by them shall be allowed a drawback on the exportation. The subject has been often before Congress, and a lengthy and detailed report was made by the committee at the second session of the 8th Congress, to which the committee beg leave to refer and request it may be considered as part of this report.
The opinion of the committee is opposed to granting any additional allowance or advantages to the sugar refiners, for the reasons stated in their former report—and they respectfully offer the following resolution:—
Resolved, That it is inexpedient to grant the prayer of the petitioners.
The reading of the former report was then called for and the clerk having read the same,
Mr. Mac Creagh spoke as follows:
Mr. Chairman—When the report which was last read was presented to the House at a former session, it was referred to a Committee of the Whole—owing to a press of business apparently of greater importance, it was not acted on. Notwithstanding that two lengthy reports have been made on this subject by the Committee of Commerce and Manufactures, and that I have generally stood alone in opposition to them, I must now presume to hope that a majority of this committee, and amongst them the members of the Committee of Commerce and Manufactures, will ultimately agree to the desired modification of this branch of trade, when they come to understand the subject more perfectly, and shall be convinced that they have entirely mistaken the object of the petitioners. They neither ask or desire any new duties or restrictions laid on the importation of refined sugars—they are willing, on the contrary, that the present duties on imported refined sugars and on sugar candy shall be made as low as Congress may deem necessary—all they ask is, that they may be allowed a reasonable drawback on the exportation of domestic refined sugar, made from foreign materials.
The objections urged in this report are,
1st. That Louisiana sugar might be refined and exported.
2d. That imported sugar might be kept in store more than a year, and a drawback obtained afterwards.
3d. That the quantity of freight is diminished when the article is refined.
4th. That New England rum, cordage, canvas, made into sails, and manufactured iron are equally entitled to drawback, though not asked for.
As to the first and greatest objection, I answer that such an imposition is more easily guarded against than in any other species of goods, because, we can have, beside the oath of the employer, that of the refiner also, and he is in this, a disinterested person—but the quality of this sugar being much preferred for retail, renders this precaution less necessary—and besides these reasons the public revenue can run no risk until a greater quantity of Louisiana sugar is furnished to us than is consumed in the U. S. For example—suppose our home consumption amounts to fifty millions pounds of sugar, which I believe it does, and the same quantity to be furnished us by Louisiana, which pays no duty—and suppose that an equal quantity of sugar of foreign growth be imported, and pays a duty of two and a half cents per lb. and that a drawback is allowed on exporting the same—this quantity of fifty million will certainly be re-exported, because it cannot be consumed, and will obtain a drawback of the duties paid on entry; so that in fact the revenue gains nothing by the importation or exportation of any part of this 100 millions, save 3 1/2 per cent on the debentures granted on the part exported. I would therefore ask what difference it can make to us which half is consumed, or which exported? Sir, it makes none, and I contend that the revenue can run no possible risk in this business until the quantity of sugar imported from Louisiana, exceeds our whole consumption. At present the quantity we receive from thence amounts to about four millions of pounds annually. When it shall exceed our consumption (an event which I shall be proud of) we shall have little difficulty in guarding against the imposition apprehended.
I have often seen, sir, that when subjects of this nature are discussed on this floor, the first question with many
gentlemen is, how will this measure effect our revenue? I acknowledge that this consideration should never be lost sight of—but must at the same time avow, that it has always been with me a secondary one. The first, in my estimation, is how will it affect the people? If the people shall gain ten times as much as the revenue loses by a measure, he must be a poor financier who cannot supply the loss in another shape. But, I am ready to assert that not only the people, but the government also will benefit by the desired alteration. During the period in which a drawback was allowed on the exportation of domestic refined sugar, the erection of refineries increased to such a degree that at present being in a great measure confined to home consumption, most of them are idle half the year. The amount of that article exported last year, was short of 140,000 lbs., by which no doubt the nation benefitted about 7000 dollars, being 2 1/2 cents per lb. on the quantity of crude sugar employed—but, sir, if the refiners be allowed a reasonable drawback, the quantity exported would in all probability soon amount to three million pounds or more annually—and, allowing only one cent per pound to be retained at the custom house, leaves a revenue of 30,000 dollars. In addition to this consideration, sir, let me add, that where a people is confined to the supplying of its own consumption of any article, the manufacture of that article must ever decline. I cannot better illustrate this proposition than by quoting the instance of the late policy of G. B. towards Ireland. The latter nation was not only allowed the free exportation of linens, but in some cases a bounty—yet in woolens were restricted to their own consumption. Everybody knows that the manufacture of the one, although obliged to import their seed, flourished to an extraordinary degree; whereas in the other, although good wool was always abundant, declined; and they purchased their woollen cloths chiefly from England—and for this simple reason, that the dread of making too much and the surplus perishing, they dare not make enough for their own use. Observe the price of coffee in the U. S. compared with any and every other country that imports and consumes it—we have it infinitely lower than any of them—because our merchants are not afraid of having more than they can readily obtain a drawback of duty on all they re-export. And it is owing to a defect of this regulation in the case of sugar, that the price of loaf sugar is at this time higher, compared with the price of crude sugar than it was during the existence of the excise law, when a drawback was allowed on the exportation.
We have in some years exported from 50 to 60 millions of pounds of crude sugar—could all this have been exported in a refined state; the revenue might have benefited much, and the manufacturer still more. It would have brought much more in foreign countries, and enabled the exporters to import so much more of other goods which would still have increased our revenue.
There is yet another advantage of great importance to be derived—Belligerents have undertaken to say that our exportation of raw sugars was in many instances, for account of their enemies: therefore, had these sugars been exported in a refined state, such allegations could not have been made.
The circumstance of merchants holding imported sugars in their warehouses for more than a year must occur so seldom, that I am astonished how it could be thought of as an objection.—It may happen that sugar of a bad quality cannot be readily disposed of; but there can be no danger of refiners meddling with it.
The next objection is still more unfortunate—for in place of diminishing freight, it actually augments it—for take a cask of raw sugar, and refine it, I defy you to put the loaves made from it into the same volume—therefore, as it takes up more room and pays freight by measurement, while the crude sugar pays by weight, the ship owner is benefited.
The argument that because a drawback is not allowed on rum, cordage, canvas, and iron, though not asked for, there ought not on sugar, is a curious one.
A drawback was allowed on rum when sugar was admitted to it, and why the distillers do not apply for it again, I know not: I do believe, though I am not certain of the fact, that a considerable part of what is commonly exported, goes to the coast of Africa; where it is not easy to procure the documents necessary to obtain the drawback. If a drawback on this article should hereafter be applied for, and it can be made appear that it is beneficial to commerce, I shall, for my part, have no objection to grant it.
The manufacturers of cordage will scarcely apply for an indulgence of this sort; the duty on imported hemp being only one cent. per pound, & one pound of hemp making two pounds of tarred rope, renders the object too trifling.
To allow a drawback on imported
canvass made into sails, would be attended with much difficulty; and most cause a deviation in some respects to rules laid down, and in practice at the custom-house.
The quantity of nails and spikes exported in one year is so small, that a reasonable drawback allowed on that article would amount to a very few thousand dollars, and will not, until the manufacture shall increase very much, be asked for.
However, sir, as the House is now very thin, and probably will not come to any decision on this measure until we have further information, I move you that the committee now rise, in order that the petitions and report on this subject be referred to the Secretary of the Treasury, that he may report thereon.
Mr. Early hoped the committee would not rise for the purpose proposed; he was against any further reference of this business, on which so much time had already been spent—as it had been before the House for a number of years and he did not think that any new light could be thrown on the subject.
The committee rose, and leave being asked to sit again, it was resolved in the negative.
Mr. Early moved that the House concur with the resolution of the committee of Commerce and Manufactures.
Mr. Varum spoke in favor of this motion, and the question being put, that the House do agree to the said report, it was carried in the affirmative.
DOCUMENTS
Accompanying a Bill making compensation to Messrs Lewis and Clarke, and their companions, presented the 23d January, 1807.
COMMITTEE ROOM, January 12, 1807.
Sir, The committee to whom has been referred a resolution of the House of Representatives, to enquire what compensation ought to be made to Messrs. Lewis and Clarke, and their brave companions, for their late service in exploring the western waters, have instructed me to request that you will furnish them with such information, in the possession of the department of war, as you may deem necessary to guide the committee in establishing their rate of compensation; also a list of the names of the officers, and their respective grades, and the names of the soldiers under their command.
From your most obedient servant, WILLIS ALSTON, jun. Secretary of War.
WAR DEPARTMENT, January 14, 1807.
Sir, Agreeably to the request of the committee, as expressed in your letter of the 12th inst. I herewith transmit a list of the officers, non-commissioned officers and privates, who formed the party recently returned from an enterprise, which they commenced and prosecuted with a degree of boldness, perseverance, judgment and success, that has rarely, if ever occurred, in this or any other country.
The officers and soldiers will receive their usual compensations from this department, up to the time of their return to St. Louis.
The quantum of gratuity, either in land or money, or in both, to which such meritorious and unusual services may be entitled, on the score of national justice, or on the principles of sound policy and national liberality, being principally a matter of opinion, it is with difficulty that I take the liberty of proposing, for the consideration of the committee, a grant to each non-commissioned officer and private, of 320 acres of land; to lieutenant Clarke, of 1,000; and to captain Lewis, of 1,500, with the addition of double pay to each while engaged in the enterprise; and that each one should have permission to locate his grant on any lands that have been surveyed, and are now for sale by the United States.
It may be proper for me to remark, that in a conversation with captain Lewis, he observed, that whatever grant of land Congress might think proper to make to himself and lieutenant Clarke, it was his wish there should be no distinction of rank so noticed, as to make a difference in the quantity granted to each; and that he would prefer an equal division of whatever quantity might be granted to them.
I also transmit herewith, the letter from captain Lewis to the Secretary of War, which accompanied the said list.
I have the honor to be, Very respectfully,
Sir, Your obedient servant, H. DEARBORN.
Hon. WILLIS ALSTON, Chairman, &c.
CITY OF WASHINGTON, January 15, 1807.
Sir, Herewith inclosed I transmit you the roll of the men who accompanied me on my late tour to the Pacific ocean,
through the interior of the continent of North America.
In addition to the men whose names are entered on this roll, there are two others who have some claims to a gratuity, as connected with the expedition; but as I cannot consider them in all respects as of the permanent party, I have thought their pretensions more properly the subjects of this detached communication, than of the roll which accompanies it.
Richard Warington was a corporal in the infantry of the United States' army, whom I had occasion to take with me on my voyage as far as the Mandan nation. His term of service expired on the 4th of August, 1804, nearly three months previous to my arrival at that place. Knowing that it would become necessary for me to send back my boat in the spring 1805, with a party of soldiers, whose terms of service had not expired; that it was of some importance that the government should receive in safety the dispatches which I was about to transmit from thence; that there was not one of the party destined to be returned from thence, in whom I could place the least confidence, except himself, and that if he was discharged at the moment of the expiration of his term of service, that he would necessarily lose his military standing, and thereby lessen the efficiency of his command among the soldiery; I was induced under these considerations to make an arrangement with him, by which it was agreed, between us that he should not receive his discharge from the military service until his return to St. Louis, and that he should, in the interim, retain his rank, and receive only for his services the accustomed compensations. Accordingly, he remained with me during the winter, and was the next spring, in conformity to my plan placed in command of the boat, and charged with my dispatches to the government. The duties assigned him on this occasion were performed with a punctuality which uniformly marked his conduct while under my command. Taking into view the cheerfulness with which he continued in the service after every obligation had ceased to exist from his enlistment; the fatigues, labour and dangers incident to that service, and above all the fidelity with which he discharged his duty, it would seem that when rewards were about to be distributed among those of the party who were engaged in this enterprise, that his claim to something more than his pay of seven dollars per month, as corporal, cannot be considered unreasonable.
John Newman was a private in the infantry of the United States' army, who joined me as a volunteer, and entered into an enlistment in common with others, by which he was held and mustered as one of the permanent party. In the course of the expedition, or shortly before we arrived at the Mandan village, he committed himself, by using certain mutinous expressions, which caused me to arrest him, and to have him tried by a court martial formed of his peers; they finding him guilty, sentenced him to receive seventy-five lashes, and to be discharged from the permanent party. This sentence was confirmed by me, and the punishment took place. The conduct of this man, previous to this period, had been generally correct, and the zeal he afterwards displayed for the benefit of the service, was highly meritorious. In the course of the winter, while at Fort Mandan, from an ardent wish to atone for the crime which he had committed at an unguarded moment, he exerted himself on every occasion, to become useful. This disposition induced him to expose himself too much to the intense cold of that climate, and on a hunting excursion he had his hands and feet severely frozen, with which he suffered extreme pain for some weeks. Having recovered from this accident by the 1st of April, 1805, he asked forgiveness for what had passed, and begged that I would permit him to continue with me through the voyage; but declining it impolitic to relax from the sentence, although he is acquitted in my mind, I determined to send him back, which was accordingly done. Since my return, I have been informed that he was extremely serviceable as a hunter, on the voyage to St. Louis, and that the boat on several occasions, owed her safety, in a great measure, to his personal exertions, being a man of uncommon activity and bodily strength. If under these circumstances, it should be thought proper to give Newman the remaining third which will be deducted from the gratuity awarded Baptiste La Page, who occupied his station in the after part of the voyage, I should feel myself much gratified.
I have the honor to be, With due consideration and much respect,
Your obedient servant, MERIWETHER LEWIS, Capt. 1st. U. S. reg. Infantry
Gen. H. DEARBORN, Secretary of War.
The following are the names of the persons above referred to:
John Ordway, Nathaniel Pryor, Charles Floyd, Patrick Gass, William Bratton, John Collins, John C. Rorer, Pier
Cruzatte, Joseph Field, Reuben Field, Robert Frazier, Silas Goodrich, George Gibson, Thomas P. Howard, Hugh Hall, Francis Labuicke, Hugh M'Neal, John Shields, George Shannon, John Pettis, John Baptiste La Page, John B. Thompson, William Werner, Richard Windsor, Peter Wiser, Alexander Willard, Joseph Whitehouse, George Druryard, Touissant Charbono.
GENERAL REMARK.
With respect to all those persons whose names are entered on this roll, I feel a peculiar pleasure in declaring, that the ample support which they gave me under every difficulty; the manly firmness which they evinced on every necessary occasion, and the patience and fortitude with which they submitted to and bore the fatigues and painful sufferings incident to my late tour to the Pacific ocean, entitles them to my warmest approbation and thanks; nor will I suppress the expression of a hope, that the recollection of services thus faithfully performed, will meet a just reward, in an ample remuneration on the part of our government.
MERIWETHER LEWIS, Capt. 1st. U. S. reg. Infantry. Washington, Jan. 15, 1807.
Lexington, Jan. 5.
At a meeting convened on the 3d January, in the town of Lexington, for the purpose of taking into consideration the hostile attempts of Col. Burr and others, to separate from the union the western states, and to make war upon the Spanish provinces, the following resolutions were unanimously adopted:
Whereas, it appears from late disclosures that certain artful and designing men have, within the United States, and abroad, represented the people of this state as disaffected to the confederacy and government of the United States of America, and "ripe for enterprize"—which suggestions if suffered to pass unnoticed might, in some degree, answer the purposes intended, and destroy the confidence as well of our sister states as of citizen and citizen.
Resolved, Therefore, as the decided opinion of this meeting, that all charges or insinuations against the people of this state of disaffection to the union, or government of the United States, are gross misrepresentations and without foundation.
2d. That this portion of the people of Kentucky now assembled, do declare their attachment to the government of the United States, and a sincere desire to preserve the union of all the states and territories thereunto belonging.
3d. That we view with indignation, and will repel to our utmost, any proposition or attempt to dissever the said union.
4th. That it is the duty of every citizen to be vigilant and decided in counteracting the expedition which has of late been preparing, and intended to be set on foot from the United States, whether it be against New Orleans, Louisiana and its dependencies, or against the Spanish provinces of Mexico, or elsewhere, and to communicate from time to time, such intelligence as may be received, concerning the said expedition, or the persons concerned therein.
Resolved, That the people of this state be invited to hold similar meetings in their towns and counties, to express their sentiments on the subjects contained in the foregoing resolutions.
Resolved, That this meeting do highly approve of the conduct of their representatives in the state legislature, for expressing their attachment to the union, and their confidence in the administration of the general government, and their willingness to support such measures as may be adopted for the prosperity and happiness of our country.
Resolved, That the editors of newspapers in this state be requested to publish the foregoing resolutions.
JOHN BRADFORD, Chairman. Attest
NAT. G. S. HART, CLK.
BAILY WASHINGTON,
Has received by the sloop Olive Branch and other conveyances.
MADRA and Lisbon Wine, Cognac Brandy, Apple, An Anigua Rum, country, do. Whiskey, Gin, Molasses, Imperial, Old Hylon, Young Hylon, and Eoonehong tea, table Salt in Baskets, Capers, Cloves, Mace, Cassava, Nutmegs, Allspice, ground Ginger, Starch, Almonds, Raisins, warranted Chocolate, London refined Salt, Pease, Coffee, Pearl Barley, Rice, Pepper, Fly Bue, Dixon's Philadelphia Mustard, Cayenne Pepper, Lump, Leaf and Brown Sugars, fish and salted Butter, Windsor shaving Soap, Eagle Gunpowder in canisters of one pound each and of a very superior quality, genuine Spanish Segars and Demijohns, with a new selection of Dry Goods, Glass and Crockery Ware which he is selling at unusual low reduced prices at his store South B Street near E Street.
January 19 - tawaw

WASHINGTON CITY.
MONDAY, FEBRUARY 2.
CIRCUIT COURT of the District of Columbia, in the case of Messrs. Bollman and Swartwout.
24th JANUARY, 1807.
The U. S. attorney appeared in court and informed the court that William Brown and James L. Donaldson, esquires, were material witnesses to support the motion made yesterday for a writ of habeas corpus against Erick Bollman and Samuel Swartwout, and prayed the court to order a summons to be issued for the immediate appearance of the said witnesses, and the court directed the summons accordingly.
A short time after, Mr. CALDWELL rose, and addressed the court as follows:
May it please the court, I hold in my hand a petition, on which I have ground a motion, relative to the business now before the court. The petition is in these words:
To the Judges of the Circuit court of the U. S. in and for the district of Columbia. Your petitioners Erick Bollman and Samuel Swartwout, respectfully represent that they are confined within the body of Washington county, in the district of Columbia, at the Marine Barracks under a military guard, without just and legal cause, and are deprived of the benefit of counsel, or being confronted with their accusers, and of being informed of the nature of their offence, or of the cause of their commitment. Your petitioners therefore request a writ of Habeas Corpus, in the usual form, directed to Lt. col. Franklin Wharton, or to such other person as may have the custody of your petitioners, that they may be proceeded against as the laws direct, and have an opportunity of being heard in their defence.
For and on behalf of Erick Bollman and Samuel Swartwout, ELIAS B. CALDWELL, Attorney.
My motion is for a writ of Habeas Corpus to bring the body of these petitioners before this court, that they may be released from their present illegal confinement, that they may have an opportunity of advising with counsel, and that they may be heard on the charges preferred against them. The petition is signed by me on their behalf, because as they have not an opportunity of advising with counsel, this is the only mode in which their complaint could be laid before the court.
All the facts contained in that petition, except one, are already before the court, either by the official information of the district attorney, or in the documents which he has presented. The fact of their being deprived of the benefit of counsel, rests upon the authority of the petition. It could easily be substantiated by affidavit, but I do not consider it material to support the present motion; there being sufficient disclosed by the district attorney for the court to issue the writ prayed for. The court is informed, that the petitioners were arrested by general Wilkinson in New Orleans, that they were sent from thence under the care of an officer of the army, and that they are now in this city, under a military guard at the marine barracks. It does appear to me that the whole of these proceedings from the first military arrest to the present moment of confinement, are illegal. Whatever may be thought however of the first arrest, every one, I believe will agree with me in saying, that the present confinement is illegal. I do not mean by these observations to cast any reflections on the person who arrested, or on those who have had the custody of the petitioners. I am not sufficiently informed on that subject to form an opinion. If the safety of the country depended upon the arrest of a few individuals, I should feel very much disposed to acquit, nay to applaud the man, who should yield to the imperious law of self preservation, without waiting to enquire into the nice forms of law. The principal enquiry in my mind, would then be, did the necessity for such an extraordinary and novel procedure actually exist? Was the safety of the country really endangered by the persons apprehended? Was not the usual course of legal proceedings sufficient to apprehend and punish the guilty,—and had the assumed authority been exercised, with the delicacy, attention and humanity which the danger to be avoided and the public safety permitted? On this point however it is not necessary to dwell. Whatever circumstances may have given rise to the extraordinary commitment of the petitioners, no causes exist here which will justify their confinement under it. The President in his message has given us reason to hope, that the disturbances in the western country, are, by this time, quelled. The gathering storm has burst without our scarcely hearing of it. We have not only been removed from danger, but almost from the apprehension of it. We may now permit the laws to take their regular and quiet course. We may now permit the prisoners to enjoy those invaluable privileges, which are secured by the laws and constitution of our country, to the meanest individual, to the most petty offender.
I am sensible that the proceedings of the district attorney are incipient, and that the parties on their trial will have the benefit of the privileges which it is the object of my motion to give them immediately. They are privileges secured to persons accused, in my opinion, in all stages of proceedings against them, after their being apprehended—
and it is of great consequence to the petitioners, that they should enjoy the full benefit of these advantages as early as possible. They have been accused in open court by the United States attorney of a very heinous offence. The public curiosity has been lately awakened on this subject by the President's message. It is therefore of great moment to them, that they should have an early opportunity of meeting the accusation, and of being heard in their defence, before the public mind becomes biased by the public documents, which have been disseminated throughout the U. S. and the observations to which they have given rise. Let them come fairly before the world, and not have to contend against a torrent of public prejudice, excited by exparte proceedings, and by observations and statements which they have not an opportunity of examining or disproving. It is not my intention, nor will the granting the Habeas Corpus have the effect to embarrass the proceedings of the U. S. attorney, or stop the regular course of enquiry. The course of proceeding which I propose is in perfect accordance and harmony with his motion. It will be in aid of that motion. He wishes to take them out of the hands of the military, to place them in the hands of the civil power, and to institute proceedings against them for their trial. This will be precisely the effect of the Habeas Corpus. They will be brought before this court,—you will examine into the cause of their commitment—the U. S. attorney will have a full opportunity of being heard on the subject, and if there be sufficient ground you will commit them for their trial. Here is a plain and simple course of proceeding pointed out, which the wisdom of the law, sanctioned by time and experience, approves, and which consults equally the interests of the U. S. and the security of the accused. The character and standing which these gentlemen have hitherto maintained in society, might at least secure to them, those advantages which are solemnly guaranteed to the meanest individual, and which it is the pride and boast of America to enjoy,—should at least preserve their characters from being the sport of idle rumours and vague conjectures, and prevent their being the victims of partial representations and exparte proceedings.
THURSDAY, JAN. 29.
Mr. Jones moved for the commitment of Messrs. Bollman and Swartwout on the same charge for which they had been arrested.
A short conversation having taken place between Mr. Dorsey and Mr. Jones, with respect to the counsel entitled to the right of closing the argument, the attorney general (Mr. Rodney) suggested his opinion that the proceedings of the court on this preliminary question ought to be on exparte grounds. That it was neither consistent with the principles of the constitution, the practice of courts, or even with humanity, that an argument should be made by the counsel for the accused in this incipient stage of the business, which would necessarily tend in a certain degree to excite prejudice which might operate ultimately to their disadvantage.
Mr. Lee went into an argument of considerable length to establish the right of the accused to be heard on the motion to commit. He contended that the right was strictly legal, and that on the ground of humanity towards the accused, as they themselves claimed the right, there could be no objection to their being indulged.
Mr. Rodney replied.
The court then gave it as their opinion that counsel should be heard.
Mr. Key then opened the argument on the part of the accused, against the motion to commit on the charge of treason.
He was followed by Mr. Jones on the other side, who terminated his remarks about 4 o'clock in the afternoon. The court rose for half an hour—when Mr. Lee spoke against the motion to commit until half past ten o'clock, at which hour the court adjourned until the next morning.
ON FRIDAY Mr. Lee adduced a number of additional authorities and made some further remarks.
Mr. Rodney then closed the argument in a speech of about an hour and an half in length.
The volume of matter adduced on this occasion was so great that scarcely a brief outline of it can be expected at present. We shall content ourselves with touching on the most prominent points.
The counsel of the accused contended that the messages of the President, on this occasion, were not entitled to the least attention, however worthy of regard by the legislature to whom they were addressed or generally by the people, they could not in a case that required legal evidence, be of any avail. That if, however the court should be of a different opinion, they notwithstanding would be found on examination to be destitute of any specific facts which justified the opinion that any act of treason had been committed by Aaron Burr, and much less by the accused. That they in fact established the commission of no crime whatever, and that at any rate the only offence which could be charged with any color, was the making preparations for an enterprise against the province of a foreign nation in amity with the U. S. The 6th article of the amendments to the constitution says—"The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized."
In this case there was no probable cause supported by oath or affirmation; and therefore the messages of the President were entitled to no weight in a court of justice.
With regard to the depositions of gen. Wilkinson it was alleged that they were totally inadmissible in a court of justice. They were taken before individuals who declared themselves to be justices of the peace, of which fact, however there was no evidence which could be legally received. Such papers uniformly required a certificate of authentication, proving that the magistrate was duly appointed. This objection was therefore fatal to the reception of these papers as testimony. It was besides an established principle of criminal jurisprudence that none other than the magistrate who examined the accused was competent to arrest him.
But even if this insuperable objection was over-ruled and the depositions received as testimony, it was contended that they did not establish the commission of a single overt act of treason, by Aaron Burr, much less did they establish the implication of the accused in any such act.
The counsel on the part of the prosecution maintained that to a certain extent, in the incipient stages of a prosecution, the information contained in the messages of the President merited credit. Being, as to the discharge of certain duties, the highest organ of the government, specially entrusted with the preservation of the public peace, and with the command of the armed force, obliged under the sanction of an oath to discharge these duties and to give information to Congress of the state of the union, it must be presumed that he would not lightly make known to Congress the existence of acts of a treasonable nature, or call out the militia without the existence of serious danger; and that consequently his communications, connected with other circumstances, conspired to establish the probable cause required under the constitution for arrest or commitment. That there was probable cause of the existence of treasonable acts was evinced by the extreme agitation of the public mind, by the march of the army from the Sabine, by the spirited operations conducted at New-Orleans for its defence, and by the energetic measures pursued by the several state and territorial governments in the western part of the union.
This probable cause, it was allowed, must be supported by oath or affirmation. This had been abundantly done in the depositions of gen. Wilkinson, gen. Eaton and other persons. The criminal intent of Aaron Burr was demonstrated by his conversations with general Eaton, and all that was besides necessary was the commission of some overt act, which would constitute levying of war against the U. S. That such acts had been committed there was every reason to infer from the contents of the depositions. No doubt could be entertained that there had been a bellum levatum , if not a bellum p. recussum . All that was further necessary to show that there was probable cause that the accused were involved in the treason, was to show that they were the confederates of Aaron Burr. Of this the depositions of general Wilkinson furnished an abundant proof—they had presented letters from Burr to Wilkinson developing his views, with which they appeared to be well acquainted—they had gone further, and stated additional facts and urged additional arguments to seduce Wilkinson from his duty.
They contended that the different territories of the U. S. were in law to be considered as one family, the officers of which were bound to respect and take notice of the acts of each other without any of those authentications required in one state to the official acts of another. They all derived their authority either mediately or immediately from the same source. To remove, however, all objection to the want of authentication to the depositions of general Wilkinson, they produced a certificate from the department of state, proving that the justices of the peace before whom the depositions had been taken were legally commissioned. With regard to the principle of law assumed, that none other than the magistrate who examined the accused was competent to his arrest, it was pronounced altogether untenable.
The court then gave their opinion. Chief Judge Cranch said it was the opinion of a majority of the court that Erick Bollman and Samuel Swartwout should stand committed of the crime with which they were charged; and it was also the opinion of a majority of the court, that they ought not at present to be admitted to bail. He assigned at some length the reasons which induced him to dissent from the opinion of his brethren.
Justices Fitzhugh and Ducket also delivered their opinions at length in favor of the commitment of the prisoners for treason, and against admitting them to bail.
Mr. Lee moved for a special court to try the accused, and urged their desire to have a speedy trial.
Some conversation ensued between the court and the counsel, as well on the time of trial as on the competency of the circuit court of the district of Columbia to take cognizance of the crime charged to the accused. No decided opinions were expressed, though the prevailing sentiment was that this court had jurisdiction of the case.
The court observed that they were obliged in April to hold a court at Alexandria, and that as a special court had been ordered in the county of
Washington on the 4th Monday of March, they would then take order in the case.
Mr. Lee expressed a wish, as well at the instance of the marshal as of the accused, that the court would give directions whether they were to have the privilege of pen, ink and paper. The court declined giving any positive direction on the point. They expressed an opinion that they saw no objection to the indulgence, but rested it on the discretion of the marshal, of whose humanity and faithful performance of duty there could be no doubt.
DIED—On Wednesday the 28th inst. Mrs. ANNE BURNES, widow of the late David Burnes Esq. of this city, aged 67 years. On Thursday evening her remains, attended by a number of her relatives and friends, were deposited in the family grave yard, about five miles from this place. The charitable and benevolent virtues of this lady were well known and highly estimated by all who were acquainted with her. She suffered a long and painful illness—but in her greatest agony and distress she was not unmindful of him who created her—and the faith of a christian never forsook her. Shortly before her death she had several conferences with the Rev. Mr. SAYRE of the episcopal church in Georgetown, who confirmed and encreased her hopes of an ultimate reception amongst the spirits of the blessed.
Extract of a letter from a gentleman in Kentucky to a member of Congress, dated the 29th December.
"Various have been the rumors and reports relative to col. Burr and his objects. The public mind has been much agitated and has underwent a great change since you left this country. The late reports that his object were inimical to the union, and that his first stroke would be at Orleans, have gained considerable credit, and have rendered him very unpopular in this quarter. You know that it was the opinion of many that col. Burr's views were to take a number of settlers to Washita, and he declared to some that in case of a war, he would carry on an enterprise against Mexico to effect a revolution in that quarter and to secure to the U. S. the Floridas, and that if a war took place that measure would certainly be sanctioned by our government. This was my opinion at first, but I must confess it is now materially changed."
Extract of a letter from a gentleman in Paris, Kentucky, to a member of Congress, dated 3d January 1807.
"An act has passed to prevent unlawful warlike enterprises, designed to prevent the expedition of col. Burr. After the arrival of the President's proclamation, J. H. Daviess having gone to the Falls discovered Burr's flotilla in motion, and at the Rapids a number of boxes were put on board in their size and shape resembling such as usually contain musketry and cartridges. Some things were also put on board resembling artillery. He wrote an official communication to the governor containing the intelligence which with a letter from the Secretary of War was inclosed in a confidential message to the House of Representatives who were immediately engaged part of three days with closed doors. During that time we passed the law last mentioned. This proceeding, on account of its novelty in this country, created a great agitation in the public mind. Mr. Graham, the Secretary of Orleans, was examined before us in a committee of the whole, with closed doors. Parties of militia were immediately posted, by order of the governor, above Limestone, at Louisville and in Livingston county. From all the information we could collect (as the injunction of secrecy is removed) the following facts appear certain: That some agent near Pittsburgh, Blennerhasset at Marietta, Comfort Tyler from the Eastward, some influential person in Georgia, two men in this state (their names unknown) have conspired with Burr, each to raise a certain quota of men, accoutred with arms, to descend the river at a fixed period, on some extraordinary enterprise; but their real object is to us unknown, and their destination yet enveloped in obscurity. Conjectures are various; some say Orleans, others Mexico is the scene of action."
Extract of a letter to a member of Congress from Jessamine county, Kentucky, Jan. 8, 1807.
"Burr and his associates are much execrated in this country."
Extract of another, to the same, dated Louisville, Jan. 6.
"It has been reported yesterday by some gentleman coming from the Tennessee country that col. Burr was stationed on Cumberland island and busy in organising his recruits, and that he was very much disappointed in the number, which is very short of his expectation. A few thousand men, commanded by true officers, could soon clear the Western country of the Clan."
Extract of a letter from Winchester (K.) dated, Jan. 3, 1807.
"When in Lexington five or six days since I could not enter a shop, private or public room, but Burr was the subject of conversation, and I must confess I felt a little surprised to hear a number who but a few days before appeared his warmest advocates, declare they
believed him to be a rascal, villian, thief and highway robber; while report was proclaiming his bills drawn on Smith and Ogden, had been protested for non-acceptance, and their notes laid over in bank for want of payment."
FOR THE NATIONAL INTELLIGENCER.
Fairfax county, Jan. 24, 1807.
MR. SMITH, SIR—As an improper attempt has been made to induce the public to believe that my quarrel with Dr. Blake was a political one arising out of certain resolutions offered by him to the house of Delegates, I am under the necessity of stating, that the fact is not so, and that those resolutions were no farther the exciting cause than any others which Dr. B. might have introduced that could for a moment have made him the subject of conversation. The evening after the introduction of the resolutions in a company where there were several members of the legislature, speaking of Dr. B. in reply to some questions respecting him, I observed that he was "a pitiful and malicious scoundrel." Upon this, one of the company said that it was harsh language to apply to any person, particularly behind his back. This observation induced me to repeat to Dr. B. the next morning the language I had used the preceding evening—language flowing not from any opinions I entertained of the resolutions or any other political conduct of his; but used in consequence of certain private misconduct for which I had previously determined to chastise him. In proof of which I refer to the following certificate from a very respectable member of the legislature, and were I at home I could procure others to show that I had expressed a similar determination previous to my departure for Richmond—but Mr. Hunter has stated that Dr. B. and myself travelled to Richmond in perfect harmony . I will state the facts, the public will judge of the harmony —We left Fredericksburgh in different stages—I in the Accommodation, he in the mail stage—we stopped together to change horses once, and also at breakfast, when he spoke to me as usual, but was received with great coldness. After breakfast we never met, he reaching Richmond that evening, I the next day. Mr. Hunter's candor ought to have induced him to have gone farther, and to have stated that I had explained to him at Richmond the reasons which induced me to refrain from then chastising Dr. B. but if Mr. H. will look at a letter which he has in his possession written by Dr. B. he may there find the immediate or exciting cause without resorting to the resolutions.
Yours, &c.
A. S. HOOE. I do hereby certify that several days previous to Dr. Blake's having offered his resolution to the Virginia house of delegates, I heard Mr. A. S. Hooe express a determination of calling him to account for previous misconduct.
Given under my hand this 14th January, 1807. JAMES KEMP, Prince William County.
SEVENTEENTH BULLETIN.
Potsdam, October 25.
The corps of marshal Lannes arrived at Potsdam, on the 24th.
The corps of marshal Davoust made its entry at 10 o'clock in the morning into Berlin.
The corps of marshal Augereau will make its entrance into Berlin to-morrow, the 26th.
The emperor arrived yesterday at Potsdam, and alighted at the palace; in the evening, he went to visit the new palace of Sans Souci, and all the positions which environ Potsdam; he found the situation of the castle of Sans Souci very agreeable; he remained some time in the chamber of the great Frederick, which he found furnished in the same way it was at the time of his death.
Prince Ferdinand, brother of Frederick the great, has remained at Berlin. We have found in the arsenal of Berlin 500 pieces of cannon, many millions of pounds of powder, and an immense quantity of small arms.—General Hullen is named commandant of Berlin. General Bertrand, aid-de-camp of the emperor, has repaired to Spanda; that fortress defends itself; he has made the investment with the division of Dupont.
The grand duke of Berg has repaired to Spandan to put himself in pursuit of a column which defies from Spandan on Stettin, and which they hope to cut off.
Marshal Le Febvre, commanding the imperial foot guards, and Marshal Besier, commandant of the imperial horse guards, arrived at Potsdam on the 24th; the foot guards made 14 leagues in a day.—The emperor remained the whole day of the 26th at Potsdam.
By Prince George's County Court, September term, 1806.
Whereas upon the application of G. Cumbury Barnes and wife, two of the representatives of a certain Elijah Wood, deceased, certain commissioners were appointed to ascertain whether the estate of the said Elijah Wood would admit of division agreeably to the act of assembly, entitled an act to direct descendants, which said commissioners have made a return to Prince George's county court. And whereas it has been stated that some of the representatives of the said Elijah Wood, deceased, to wit: Lacey Wood, Robert Wood and Eleanor Swain, live out of the State of Maryland, it is thereupon adjudged and ordered that notice by publication of this order three successive weeks in the National Intelligencer before the first day of March next to the said absent parties to appear in Prince George's county court on the first Monday in April next, to show cause, if any they have, why the return of the said commissioners should not be confirmed.
Teles, JOAN READ MAGRUDER, Jr. Clk. February 2, 1807. P. G. Cy. Ct.

WASHINGTON, CITY,
FEBRUARY 2.
We have received New Orleans papers to the 1st of January. They contain no articles of interest, except a long address to the public by Edward Livingston, vindicating himself against the charge of implication in Burr's conspiracy, made by General Wilkinson. The address closes with the following affidavit:
Edward Livingston, of the city of New Orleans, counsellor at law, being duly sworn on the Holy Evangelist of Almighty God, doth depose, that he hath never had any communication, written or verbal, direct or indirect, with Aaron Burr, or any other person whom he knows or has reason to suspect, to be concerned with him in the plans now said to be carrying on, hostile to the union, laws, or constitution of the United States, relative to any such plans, and that he is utterly ignorant of the existence of any such schemes, on the part of the said Aaron Burr, or his adherents, except from the public papers, the communication of General Wilkinson, and the voice of public report.
(Signed)
EDW. LIVINGSTON.
Sworn this 26th day of December, 1806, before me
DOM. A. HALL, District Judge of the United States for the Orleans District.
Frankfort, January 3
General Winlock, who commands the detachment of militia, now on duty at the Falls of Ohio, has arrested Messrs. Thomas M. Winn and Samuel N. Luckett, both of Jefferson county, on suspicion of being concerned in col. Burr's expedition. Four boats which they were preparing to send off, have been detained, and themselves bound in a recognizance by judge Ornshy, to appear at the next circuit court, the former in the sum of 5000 dollars, and the latter in 10,000 dollars. Another boat, found on the Indian side of the Ohio, and supposed to belong to Davis Floyd, has also been detained.
General Winlock repaired to Louisville on the 26th ultimo, and positively asserts that no boats or other craft have passed the Falls since that time without examination.
Captain Samuel Phillips, of Jefferson county, informs the general that he passed col. Burr on the 31st ult. at an encampment near the mouth of Cumberland river, where it is conjectured he is endeavoring to collect his troops and provisions.
The above information was communicated to the governor by express, the evening before last.
It is reported that col. Burr has three or four hundred men assembled at his encampment. If the latter should be his whole force at that place, col. Ramsey, of Livingston county, who is authorized by the executive to call out eight companies of militia, will give a good account of him. Col. R. it is expected would be ready to act by the 2d inst.
New-York, January 23.
We are at length, after a long lapse of time, enabled to gratify the public anxiety with respect to the occurrences which have taken place on the continent of Europe since the victorious army of the emperor Napoleon entered the capital of Prussia.
The arrival of the ship Cato from Liverpool has furnished the editor of the Mercantile Advertiser with London papers to the 6th of December, inclusive (nearly a month later than any previous advices); and Lloyd's Lists, and Prices Current to the 28th of November.
From the great mass of political matter before us, (the greater part of which is very interesting) it is difficult to select so as to give the reader a full "view of the whole ground" at once, and impossible to enter into minute detail. We have endeavored to compress the most important articles into the subjoined abstract.
We do not find that the recapture of Buenos-Ayres was known in England at the time the Cato sailed.
An expedition, composed of 5,500 men in high spirits, left Falmouth on the 12th of Nov. supposed to be destined for Lima.
The London papers contain the French bulletins down to the 25th number, the last being dated at Berlin, November 2. From these it appears that Magdeburg, Stettin, Custrin, and Spandau, have fallen into the hands of the French, and the whole Prussian army dispersed, after the a series of hard fought battles, Magdeburg, with a garrison of 20,000 men, capitulated on the eighth of November.
The duke of Brunswick died of his wound.
On the 12th of November the headquarters of Marshal Bernadotte were at Lubeck. On the same day general Berthier gave notice, that all Russian and Swedish ships lying there might take their departure unmolested. One English ship only was at Lubeck when it was taken by assault; the captain and three seamen of which were killed.
On the 10th the French took possession of Hanover, under the command of marshal Mortier.
The fortress of Hamelin in the electorate of Hanover, capitulated on the 11th inst. It surrendered to the king of Holland, who commanded the siege.
On the 12th the dutchy of Oldenburg
was taken possession of for the king of Holland, by Batavian troops.
News had reached England that nearly all the British troops had withdrawn from Calabria Ulterior, in consequence of the increased strength of Massena's army. Sir John Stewart was on his way home.
The ships of war at Cadiz had hauled farther up the harbor, & no prospect of their going out.
The official account of the capture of Hamburg by the French, was communicated to the lord mayor of London by viscount Howick, on the 20th of Nov. By this, they entered with a corps under the general Mortier on the 19th of Nov. All English property was confiscated—and the English held prisoners still disposed of by Bonaparte. Great uneasiness in England—stocks fell.
A letter from Hamburg states, that Bonaparte had demanded, that the arch duke Charles should resign his command, and that the Austrian army should withdraw from the frontiers.
The conquered countries belonging to the king of Prussia, according to a notice published by the governor general, are divided into four departments:
I. The department of Berlin, and which will also consist of four provinces—viz. Uckermark, under the command of the chief of battalion Harret; Prenzitz, under colonel Nern; Altmak, under general Bousin; Middelmork, under the general of division Clarke.
II. The department of Custrin includes Neumark, under brigadier general Minard.
III. The department of Stettin includes Pomerania, under brigadier Thouvenot.
IV. The department of Magdeburg includes the dutchy of Magdeburg; the county of Mansfield; the circle of the Saal, under the adjutant commandant Champeau, who resides at Burg; the town of Halle, under the adjutant commandant L. tour.
The general administration of the above-mentioned departments is under the superintendence of the general intendant Daru; the general administration of the finances and domains, M. Esteve; and M. Labouillerie, receiver general.
The following is said to be the outline of the new political arrangements, which Bonaparte has declared he is determined to enforce on the continent.
The electorate of Brandenburg, with some contiguous territory, to be erected into a kingdom, under the dominion of Jerome Bonaparte.
Prussia proper to be retained by his Prussian majesty, with the title of king. His capital to be Konisberg.
The Polish territory to be wrested from Austria, Russia, and Prussia, and reconstituted into one state, of the same extent as before the partition.
Murat to be proclaimed king of the Poles.
Holland to receive very considerable accession of territory, particularly in Westphalia.
The dutchies of Cleves and Berg, at present possessed by Murat, to be given to one of the French marshals.
The Prussian army under prince Hohenloe, after an ineffectual attempt to reach Stettin, surrendered prisoners of war on the 28th of October.
The whole of the Prussian territories to the Oder was in possession of the French, and there was no longer any army on the south side of the Vistula.
The French troops were extending themselves on the west to the mouth of the Elbe, and were at the same time stretching their forces eastward into the Polish territories.
The emperor Napoleon remained at Berlin on the 18th November, but Davoust's division, with the Polish general Dombrowski, had advanced to Posen and over the Warthe—and there was seen the first effect of the emperor Napoleon's proclamation to restore the kingdom of Poland. Dombrowski was received with acclamations by the populace, and the horses taken from his carriage. In other parts the proclamation had produced a considerable effect.
The Austrian government appeared to be agitated and alarmed at these demonstrations on the part of France, and certainly with reason, as it is stated in some of the German papers that Napoleon has ordered his minister at Vienna to present two notes to the court—the first demanding evacuation of Bohemia by the Austrian army —and the second declaring, that he should consider the departure of the archduke Charles, for the army as a declaration of war .
The king of Prussia was at Graudentz on the 7th of November; and was expected to be at Koningsberg on the 14th.
BERLIN, Nov. 8, POLAND.
Our Gazette of this day contains the following:—
"POLES.—Napoleon the great, invincible, advances into Poland at the head of three hundred thousand men; without attempting to penetrate into the secret of his views, let it be our only endeavor to render ourselves, worthy of his greatness. I will see, he has said, I will see whether you deserve to be a nation. I am going to Poland; there shall be the first plan for your benefit concerted."
"Poles, it depends upon you to be an independent people, to acquire a country.—Your avenger, your re-creator has appeared."
LONDON, Nov. 27.
One of the Hamburg mails has arrived this day. The intelligence it brings is most important. The Duke of Brunswick is dead; Magdeburg, one of the strongest fortresses in Europe, and the depot of the king of Prus-
sia's treasures, has capitulated; the Electors of Hesse and Saxony have been obliged to join the Confederation of the Rhine; and general Blucher, the last remaining hope of the Prussian army, has been obliged to surrender. It appeared that the general had retreated with his corps to Lubeck, and was there attacked by a strong division of the enemy. The slaughter was dreadful, and lasted upwards of three hours. The French purchased the victory dearly. The strong fortress of Koenigsstein in Saxony, is to be delivered up to the French as a pledge of the Elector's future fidelity.
DECEMBER 1.
In pursuance of marshal Mortier's proclamation requiring all bankers and merchants, having British funds and manufacture in their possession, to give in correct statements, the Gommercium, or Chamber of Commerce, at Hamburg, requested by public notice, that those complying with the proclamation should also furnish them with copies, and at the same time send an estimate of the losses they shall be subject to, should the measures enjoined be carried into effect, in consequence of reprisals by the British government. The great object intended by this estimate is to shew, by a petition to Bonaparte, that the plan of confiscation must be ultimately more favorable to Great Britain than to the interests of Hamburg. The underwriters were also desired to state, as far as they were able, the injury they would sustain by the capture of Hamburg, and other vessels, in order that a fair balance might be made out. A meeting of the underwriters was accordingly held at Borsen-Halle, but the result had not transpired.
A captain of a ship just arrived from Elsinour, reports, that when he left it, that accounts were received that an action had taken place between the Russians and French in the neighborhood of Posen, in which the latter were defeated with great slaughter. The Russian army consisted of 140,000 men, and the French of but 60,000. A ship arrived at Elsinour in three days from Stettin, the captain of which saw 19 waggons full of wounded Frenchmen.
DECEMBER 3.
By the Alpha, captain Hutton, arrived at Harwich we learn that the French took possession of Cuxhaven on the 25th. This intelligence is not to be doubted. Napoleon will endeavour to shut up every port in his power in the North Sea—Denmark must look to herself—but she is not without assistance. Sir Samuel Hood is to sail immediately with a squadron into the Baltic; so that Bonaparte's threat of shutting up the Sound will melt in air.
The 30th Bulletin of the French army states, that 60,000 Russian troops had begun to enter the Prussian state by Georgenburgh, Grodus, &c. &c. but, that on hearing of the result of the battle of the 14th, they had fallen back. As this was but the advanced guards of these auxiliaries, they did not think it prudent, perhaps, to proceed till the main body arrived; which in all likelihood, was in full march at no great distance. If this should be the case, it is a proof that Bonaparte will be disappointed in the plan which he evidently laid, of attacking them by piece meal.
We understand that the Privy Council have come to a resolution to issue an order for preventing the transfer of foreign property in the funds. His majesty came to town this morning to give it effect by the royal signature.
DECEMBER 4.
In the second edition of the Statesman of yesterday, we announced that Mr. Schultz had arrived from the Elbe in the morning, with the important intelligence, that a battle had taken place at Posen, between Davoust's corps and the Russians, in which marshal Davoust had been completely routed. This gentleman left Hamburg on the 25th ult. when this report was current in that city, and very generally accredited. That the Russians were in full march to Posen, is not doubted. The Hamburg article of the 5th ult. says, "Letters from Polish Prussia announce, that the Russians are arrived at Posen;" and again, "Letters from Rastock, of the 3d November, announce, that an engagement took place between the French and Russians near Stavenhagen. A number of wounded Russians were brought to Rastock." If such an engagement had taken place; and if the Russians had been defeated, it would have been detailed at full length. On the 12th ult. there were only three divisions of the French at Posen, amounting at the most to 50,000 men. Ney and Soult had only then begun to march for Brandenburg. Bernadotte and Mortier were in the vicinity of Hamburg, and Murat had not reached Berlin so late as the 18th ult. so that Davoust could not be joined for some time by any considerable body of troops; if in the interval the Russians had reached Posen in sufficient force, it is earnestly hoped that they availed themselves of every circumstance in their favour.
DECEMBER 6.
Mr. Thornton, our late minister at Hamburg, arrived this morning. He brought the intelligence of all the British merchants in Hamburg having been detained by Bonaparte as prisoners of war.
Extract of a letter from Yarmouth, dated December 5, 1806.
"We have just time to inform you of our arrival at Hamburg, when we were obliged to leave at a few moment's notice, to escape being made prisoners of war. Bonaparte's last proclamation is to this effect: That British property of every description is to be confiscated.—England is declared to be in a state of
blockade, and all British subjects who may be found in places occupied by the French, are declared prisoners of war."
It is reported that the merchants and others, made prisoners at Hamburg, have been arrested and marched from the place.
We have reason to believe that the report to which we alluded yesterday, of the negotiations with America having taken an unfavorable turn is well founded. There is no pretence for saying this country has evinced towards America a haughty or unbending spirit. Far from it, the details of the negotiations we understand will show, that every thing was done on our part that could be done, with either safety or honor to adjust the differences with America. Notwithstanding the insulting language used towards the country.—Notwithstanding the passing of the non-intercourse bill, we shall shew every disposition to preserve peace. But it cannot for a moment, be supposed that our anxiety for peace originated in any dread of war. It was because we could not dread a contest, with America that we shewed a greater disposition to moderation and concession; for, we were sure that our moderation could not be taken for meanness, nor our disposition so concede be supposed to proceed from a principle of fear.
Letters from Lisbon to Falmouth state, that it was currently reported there, that Bonaparte had demanded from the Spanish government a categorical answer, to three questions. 1st. The nature and terms of their negotiations with Russia. 2d. Their reasons for not providing a sufficient security for their possessions in America. 3rd. Why Spain was not at present arming;—demanding at the same time 50,000 dollars per day until such questions should be satisfactorily answered.
A Gottenburgh mail arrived this morning with the following important intelligence, which we hope will prove true.
GOTTENBURGH, Nov. 30.
A Russian courier has just arrived in ten days from St. Petersburg. He reports that in passing through Stockholm, he was told there had been an action between the French and Russians, in which the latter was completely victorious. He could not learn the particulars.
The British packet Duke of Montrose was at Falmouth, England, on the 3d December, and was expected to sail for New-York on the 7th.
THIRTY-FIRST BULLETIN OF THE GRAND ARMY.
"BERLIN, Nov. 14.
"On the 11th instat, at eleven in the morning, the garrison of Magdeburg filed off, in the presence of the division of the army under the command of Marshal Ney. We have captured 20 Generals, 800 officers, and 22,000 soldiers, among whom are 200 artillery men, with 54 pair of colors, five standards, 800 pieces of artillery, one million pounds of powder, a great assemblage of pontoons, and an immense quantity of metal for the casting of cannon."
"Colonel general and adjutant-commandant Richard, presented to the Emperor, this morning, in the name of the first and fourth corps, 60 pair of colors taken from the Prussian corps, under general Blucher, at Lubeck. There were amongst them 22 standards. Four thousand horses, completely mounted, which were seized near Lubeck, are on their way to the depot at Potsdam."
"In the 29th Bulletin it was stated, that the corps under general Blucher put us in possession of 12,000 prisoners including 500 cavalry. This was a mistake; there were 21,000 made prisoners, including 5000 cavalry, completely mounted. Thus, in consequence of these two capitulations, we have obtained 120 pair of colors and standards, and 43,000 prisoners."
"The total of prisoners made since the commencement of the campaign exceeds 140,000; and that of the colors taken, 250. The number of pieces of artillery taken from the enemy in the field of battle, and in the affairs with detachments, exceeds 800; and that of those found in Berlin and the surrendered fortresses, 4000."
"The Emperor yesterday reviewed his horse and foot guards in a plain in front of Berlin. The weather was very fine."
"General Savary has entered Rostock with his moveable column. He found there from forty to fifty Swedish ships in ballast which he immediately put up to sale."
HANOVER, Nov. 14.
The following notice has been published:
TO THE STATES OF HANOVER.
"Gentlemen,
I have taken possession of your country in the name of his majesty the emperor and king, my most gracious sovereign. The revenues of the country will be collected, and justice administered in his name, &c."
(Signed)
EDWARD MORTIER.
SAXONY, Nov. 1.
The following proclamation has appeared in this Electorate:—
"The inhabitants of the village of Wethdorf have had the temerity to murmur isolated Frenchmen passing
through their territory: they detained and plundered a convoy. A dreadful example was necessary to repress such atrocities: and it has also been given. The inhabitants of the above mentioned village, have all, except the old men, women and children, been punished with death. A similar treatment is reserved for those who may imitate the example of these rebels. But, at the same time, that all acts contrary to the law of nations and of war will be severely punished with the greatest severity; protection & security will be granted to all the peaceable inhabitants."
Baltimore, January 31.
Arrived at Annapolis yesterday, schooner Brother and Sisters, from New Orleans, on board which came Mr. Alexander, under the charge of Lieutenant Savier—they reached this place at 3 o'clock this morning, and at 10 Mr. A. was delivered to the commander of Fort M'Henry.
EDUCATION.
A TUTOR who is well versed in the Latin, French, and Greek languages, and experienced in the art of teaching, is now at liberty, and would be willing to engage in the instruction of Youth, in a public or private situation. He would have no objection to going to any part of the United States. Satisfactory testimonials of conduct and ability, can be produced.
A line directed to M. N. and left at this office, will be attended to.
February 2—3t
A House and Lot for sale.
WILL be offered at Public Sale on Monday the 16th of February next, on the premises on a credit of ninety days. a two story Brick House with two rooms and a passage on each floor, a cellar, and dry well therein. This house is situated on Lot No. 10 in square 728 on East Capitol Street, fronting the Capitol. Negotiable paper with approved endorser will be required of the purchaser, and when paid a good title will be made by
SAML. TYLER, Executor of Samuel Tyler, deceased.
February 2—7t
BAILY WASHINGTON,
Has received by the sloop Olive Branch and other Conveyances.
MADRIRA and Lisbon Wine, Cogniac Brandy, Apple, do. Antigua Rum, country, do. Whiskey, Gin, Molasses Imperial, Old Hyslop, Young Hyslop, and Soochong tea, table Salt in Baskets,apers, Cloves, Mace, Cinnamon, Nutmegs, Allspice, ground Ginger, Starck, Almonds, Raisins, warranted Chocolate, London refined Salt, Pease, Coffee, Pearl Barley, Rice, Pepper, Ag Blue, Dixon's Philadelphia Mustard, Cayenne Pepper, Lump, Loaf and Brown Sugars, fresh and salted Butter, Windfor shaving Soap, Eagle Gunpowder in canisters of one pound each and of a very superior quality, genuine Spanish Segars and Demijohns, with a neat selection of Dry Goods, Glass and Crocker Ware, which he is selling as usual at the most reduced prices at his store South B Street near the Capitol.
January 19—tawsw
ELISHA RIGGS,
Has Imported by the latest arrivals from London & Liverpool, FIFTY-EIGHT PACKAGES
SEASONABLE GOODS, Which are direct from the best manufactories, and will be sold lower by the wholesale or retail, than can be afforded by any other house here, (being the only importer of Dry Goods)—among them are,
3 bales of fine cloths, calimeres and cords, 12 do second cloths, coatings, ladies cloths, napp'd, frize, Plains and Kendal cottons, 8 bales rose and duffle blankets and ruggs, 4 cases Manchester, Bennets cords, dimities, furnitures and cotton shirting, 6 cases fine hats, and umbrellas, 6 trunks, silk, cotton, and worsted hosiery, 1 trunk upholders, and hatters trimmings, 2 cases knives and forks, razors, fine cutlery, saddlery, and fashionable buttons, 5 bales flannels, stuffs, serges and bazzes, 1500 lb London seine twine, 2 bales carpets and carpeting, 3 cases Irish linens, sheetings, long lawns, table cloths, & Cheap diapers.
Silks, mouselins, chintzes and calicoes, Pelices, pelice, velvets, lace shades, & shawls, Spider net, and pick net; lace sleeves and gloves; Fancy mullin dresses, drapery, gauze and flowers;
And many other articles, which will be sold low, for cash, or to punctual persons only George Town, Nov. 19—tawzm
Valuable Property For Sale.
THE Subscriber offers for sale a number of valuable heights convenient to the city of Washington about 2 1/2 miles from the President's House and near the same distance from the Capitol, and command a handsome view of the City, river Potomac, and Alexandria. Lot No. 1. contains 60 acres, No. 2. contains 42 acres. No. 3 contains 102 acres. No. 4 contains 19 acres; Likewise a lot lying between John Payloe, and Dr. Worthington containing from 80 to 100 acres. Those lots will be sold together or apart as may suit purchasers.
Terms may be known by applying to James White or Rev. John Breckenridge the property. Jan 24—wtf.
NEGROES.
FOR SALE, for a term of years several Likely young Women, among them is a very good cook. To hire by the year, two good Laborers and a Boy—they all have good characters. Also to rent on north Street, square 142, a Two Story FRAME HOUSE with two rooms on a floor and a passage.
Enquire of the Printer, October 15—wtf

50 Dollars Reward. AN AWAY from the subscriber the negro man, named JOE, 20 years of age...
NOTICE. By order of the Orphans court of Washington county...
FOR SALE. WILL be sold at Public Sale on Saturday the 21st day of February next...
WILL hereby certify that John Johnston brought before me this day two COLTS...
CHARLES A. BURNETT, HAS received from London and Liverpool a handsome assortment of articles...
FOR SALE BY AUCTION. THE real estate of Dr. Robert Portenger, deceased, lying in Prince George county...
JUST RECEIVED. WOOD'S best London superfine cloths and cashmerees...
CHARLES H. VARDEN, Merchant Taylor, New Jersey Avenue, near the Capitol.
A choice assortment Of Extra superfine cloths, Bennets, Velvets, and Corduroys...
Sale at Auction. WILL be sold at public auction, on Thursday the 18th of February next...
EZRA VARDEN, TAYLOR, F street, three doors west of the Bank...
The Elegant and much admired ENGLISH HORSE, BRILLIANT, The property of JOHN TAYLOR...
WILL stand the ensuing season at Mr. J. MILTONS, in Frederick county...
THE SUBSCRIBER HAS just supplied his shop in F street with a complete assortment of fresh...
AMERICAN COFFEE-HOUSE, WASHINGTON CITY. THE Subscribers have opened for the entertainment of travellers...
ROMULUS RIGGS, HAS imported by the ships Leonidas and William and John arrived at Alexandria...
FOR SALE, A healthy negro woman under 30 years of age, with two healthy children.
CHEAP GOODS. T. W. PAIRO, Seven Buildings, has received from Philadelphia and Baltimore, a Large Assortment of DRY GOODS...
PORTRAIT PAINTING. C. BOYLE respectfully informs the public that he paints Likenesses in Oil Colors...
Notice is hereby given to non-resident proprietors of Land in the State of Ohio...
THOMAS SCOTT, Chillicothe, Ross Co. Ohio, Dec. 12-6w. ROSS & GETTY, At their Store, corner of Washington and Bridge streets...
ON HAND, Good old Madeira, Sicily, Sherry, Malaga, Port and Lisbon Wines...
DAILY EXPECTED. 100 boxes mould Candles from the best manufactory in Philadelphia.
ELIAS B. CALDWELL, ATTORNEY AT LAW, HAS removed his Office, to the house lately occupied by Mr. Law...
For Sale. 1 Crate of Liverpool Earthen ware, well assorted.
Who has for sale. Best Spermaceti Candles and oil of the very first manufacture of the United States.
Also on hand as usual. A choice stock of good old Madeira Wine, Buccellos, Sherry, Port, Claret, Lisbon and other Wines...
JOHN GOULDING, Georgetown, Nov. 18-5f. Indiana Territory, Auditor's Office, Vincennes, 1st Nov. 1806.
Agreeably to an act of this territory for laying and collecting a tax on land I publish the following extracts from the said act...
Be it enacted that if any non-resident claiming lands in this territory, either by entry, patent, deed of conveyance or any other evidence of claim...
Be it enacted that the collector of each county, by the twenty fifth day of May, shall demand payment of the tax or sum assessed on each inhabitant in his county...
Be it enacted that in case of non payment of taxes, at the time appointed it shall be the duty of the collector to levy and collect the tax...
PETER JONES, Auditor of said Territory. Jan 5-3w. FRESH GARDEN SEEDS, &c.
THEOPHILUS HOLT respectfully informs his friends and the public that he has an extensive assortment of Fresh Garden and Flower seeds...
TEAS, BRANDY, SUGAR, SEARS, ORANGES, &c. &c. WALTER & CLEMENT SMITH have just received by the Maria captain Stodder from New York...
AND IN STORE, Fresh Hyson, Hyson Chulan, Hyson Skin, & Souichong Teas, in chests and boxes...
WANTED to purchase a likely NEGRO BOY, to wait on a single Gentleman, Enquire of MR. DUNN at the Capitol.
On a liberal credit. THE subscriber will dispose of at private sale, his estate called Chichester, lying on the eastern branch, immediately opposite the city of Washington.
By order of the Orphan's Court of Washington county. HIS is to give notice that the subscribers of the city of Washington, have obtained from the Orphan's court of Washington county...
Given under our hands this 28th day of January 1807. WASHINGTON BOYD, and GEORGE MOORE, Executors of John Wight, deceased.
PUBLIC SALE. AGREABLY to the last will and testament of Samuel Jones late of Prince George county, deceased, will be offered at public sale at the house of Charles Robinson...
CHARLES ROBINSON, ELISHA JONES, Executors of Samuel Jones, deceased. Prince George county, January 28-93t.
JOHN OTT, DRUGGIST, CHEMIST and APOTHECARY, has received by late arrivals a fresh supply of genuine Drugs, Medicines, Chemical Preparations...
Preserves, Confections, Fruit, &c. &c. Preferred Limes, Pine, Apple, Oranges, Strawberries, Citron, Quinces, Peaches, Lemon Peel.
AND in addition given on the 19th November last, the Two Story Brick Dwelling House on the corner of F and 11th Streets...
THOS. HENTY, 08. 17-3t. 20 DOLLARS REWARD. AN AWAY from the subscriber in August last, Negro CHARLES...
WAS committed to the jail of Frederick county, Maryland, a negro man who calls himself JOE, about 33 years old...
GEORGE CREAGER, Sheriff, Fredericktown Jan. 7-7t. RUNAWAY NEGRO. WAS committed to the jail of Frederick county, Maryland, a negro man who calls himself JOE...
AUGUSTUS FRICKE, versus THOMAS CARPENTER. THE report of Lewis Ford the trustee formerly appointed on this cause having been returned and sworn to, and filed, and the proceedings therein approved.
CHARLES HERSTONS, Bridge street corner of East Lane, has for SALE an handsome assortment of SEASONABLE GOODS, among which are London cloths, Cassimerees, Bennets and Constitution cords...
LEASE FOR SALE. ON square number four hundred and sixty two in the City of Washington, and improved by David Hepburn, gardener, now deceased, Administrator, Alice Hepburn, will sell all the improvements on the said square...
FOR SALE. PART of Lot No. 46, containing 30 feet front on Bridge street, adjoining Mr. John Leairde's counting room, within a few doors of the house now occupied by the Bank of Columbia...
LANDS TO BE SOLD. Low for CASH or MERCHANDISE. 30,879 Acres of land in the state of Kentucky lying on Rock castle and its waters.
(PIANO FORTES.) ASTOR, MAKER. THE subscriber has imported by the ship Orb, from London to N. York, 4 English Piano Fortes, with additional keys, from Astor.
P. MAURO. For terms apply at my grocery store opposite the seven buildings. Jan. 16-93t.
State of Maryland, Montgomery county to wit, November term 1806, among other things is the following to wit, ORDERED by the court that all suits transmitted from the General Court to this court, under the act of assembly entitled "An act to provide for the organization and regulation of the courts of common law in this state, and for the administration of justice," and continued under the rule to employ new counsel, shall not continue longer than to the end of the next court, under the said rule, and the suitors interested therein are hereby required to appear to the same in person or by counsel on or before the second day of next term, or the same will be tried, or discontinued as the case may be during the said term.
Copy test, UPTON BEALL, Ck. Montgomery county court. January 5-11am4m.
TO AGENT, AND petition given on the 19th November last, the Two Story Brick Dwelling House on the corner of F and 11th Streets, at present occupied by Mr. Andrew Way.
THOS. HENTY, 08. 17-3t. 20 DOLLARS REWARD. AN AWAY from the subscriber in August last, Negro CHARLES...
WAS committed to the jail of Frederick county, Maryland, a negro man who calls himself JOE, about 33 years old...
GEORGE CREAGER, Sheriff, Fredericktown Jan. 7-7t. RUNAWAY NEGRO. WAS committed to the jail of Frederick county, Maryland, a negro man who calls himself JOE...
AND petition given on the 19th November last, the Two Story Brick Dwelling House on the corner of F and 11th Streets, at present occupied by Mr. Andrew Way.
THOS. HENTY, 08. 17-3t. 20 DOLLARS REWARD. AN AWAY from the subscriber in August last, Negro CHARLES...