The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1805-07-31 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. V. WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE. NO. DCCL. WEDNESDAY, JULY 31, 1805. PAID IN ADVANCE.
HISTORY
Of the West Indies :
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A new & revised edition of Mr EDWARDS's History of the West Indies, with a third volume, (completed by its amiable author a short time previous to his death) has lately been published in London. This third volume contains the interesting and important history, with a large Map of the Island of St. Domingo, or Hispaniola, as also that of Tobago; likewise a history of the war in the West Indies from its commencement in 1773, and a tour of Sir William Young through several of the islands. It is accompanied by a highly finished portrait of Mr. Edwards, a history of his life written by himself, and a prefatory advertisement by Sir WILLIAM YOUNG, Baronet, M. P. F. R. S. &c. under whose editorship it has been given to the public.
The subscriber, impressed with a sense of the great importance a general knowledge of the history, civil and commercial, of the West Indies, must be to every citizen of America, and of the great celebrity of the above work, proposes to print it by subscription, and respectfully offers the following for public patronage and encouragement.
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Also, a tour through the islands of Barbadoes, St. Vincent's, Antigua, Tobago and Grenada, by Sir William Young, Baronet, &c. And
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March 8—Mf.
IMPEACHMENT OF JUDGE CHASE.
SATURDAY, FEBRUARY 23
MR. MARTIN, continued.
But to proceed with Basset.—What was his situation? He expressed no wish to be excused, provided there would be no impropriety in his being sworn, but from a delicate scruple he informed the court, that he had seen in the newspapers, extracts said to be taken from The Prospect Before Us; that he had no knowledge whether they were truly extracted, but if they were, and the context did not explain away the apparent meaning of the extracts, he had made up his opinion unequivocally that their author came within the provisions of the sedition law. But let us suppose that Mr. Basset had actually seen and read The Prospect Before Us, and had found the extracts fairly taken from it, and had formed and declared his opinion, that it was a publication which came within the sedition law; as to Callender, it would have amounted to no more than this, that if he was the author or publisher, and could not prove the truth of his charges, and had published them maliciously, to defame the President of the United States, he ought to be punished. And what honest man ever thought differently?—None whom I ever heard speak of the book. Whether the extracts he had seen agreed with the contents of the book—whether the context supported the apparent meaning—whether the charges were true—whether Callender was the author or publisher—and if so, whether he wrote or published them maliciously to defame, &c. were subjects of which Mr. Basset was ignorant, and on which he had declared no opinion. On these questions he was at liberty freely to decide according as the evidence in the case should justify him.
But it is said, this opinion formed and declaration made, was improper, because they say the criminal ought to have the law and the fact both decided by the jury; and a juror should have his opinion as little made up on the law as on the fact. Hence then, we are to infer, that as want of knowledge of the law is the best qualification for a judge, so the ignorance of the law is the best qualification for a juror; and yet we are told, that a juror has a constitutional right to determine the law, and that too, in defiance of the opinion of the court! Thus, it seems, the more ignorant they are, the greater our security for obtaining a just decision! I admit, the greater their ignorance, the better will they be qualified for taking what is contended to be the duo impression from the exercise of what, we are told, is the constitutional right of counsel!
But in this case, as appears from the testimony, there were others besides Callender concerned in printing and publishing The Prospect Before Us; suppose some other person, for instance Mr. Rind had also been indicted,—that on the trial of Rind Mr. Basset had served as a juror, and had found him guilty; that Callender had afterwards been brought to trial and Mr. Basset had been called as a juror; he could not be set aside according to the authorities I have produced, although in the case of Rind he had, and that on oath, declared his opinion of the law.
Mr. Basset, although being possessed of a liberal fortune, he doth not now practice, was bred to the law; his legal knowledge was such that he could not doubt but that such publications as The Prospect Before Us came under the provisions of the sedition law.—And it is, for this reason, that the managers contend he ought not to have been sworn. Yes, sir, this very knowledge of the law which rendered him a more proper character to serve on the jury, is by the honorable managers insisted on as what ought to have been his disqualification! And yet they contend that the jury have the uncontrollable right to decide upon the law!
Suppose Mr. President, a person to be indicted for an assault and battery—or for burglary—If any person should be summoned on the jury, who had so much common sense and general information as to know that the man who comes behind the back of another and knocks him down, is guilty of an assault and battery, he would be unfit to serve as a juror in the first case; or to know that if a man breaks into a dwelling house in the night time, and steals therefrom, such offender is guilty of burglary, he would be equally unfit in the last case.
Hence then it follows, that in the opinion of the honorable managers, that as judges ought to have no previous knowledge of the law relative to cases which are to be tried before them;—so also, jurors ought not to have any knowledge of what is the law, in cases to be tried before them; and that if any juror with such legal knowledge should be summoned he ought not to be admitted to serve, unless indeed he can be rendered properly qualified by the application of the India rubber or by the use of the Lethan washers by the one mode or the other to be reduced to that happy state of ignorance thought by the managers to be the essential requisite of a juror.
I would, before I conclude this subject, remark upon an observation made by one of the honorable managers, (Mr. Campbell) he has charged Judge Chase with having caused Mr. Basset to be sworn as one of the jury for the very purpose of convicting Callender, from his knowledge of Basset's political principles.
My worthy colleague (Mr. Key) has with great strength of argument shown that Judge Chase could not from the facts proved, be otherwise than a stranger both to the person and to the political principles of Mr. Basset. But I am aware that in reply it will be said the declaration Mr. Basset made in court showed what were his political sentiments—He only there declared that The Prospect Before Us, if the extracts he had seen were justified by the book, was a seditious publication.—This could be no proof that he was a federalist.—I never knew a gentleman of any political principles that did not uniformly declare, that if the sedition law was constitutional, that publication was clearly within the provisions of the law. Even his counsel have declared that they did not appear on his account, that they despised the wretch, and considered him as a disgrace to society.—They have declared they had no hopes of saving him unless by establishing the unconstitutionality of that law.
But even had Judge Chase known the political principles of Mr. Basset to have been federal, it would not have justified him in excusing him from being sworn—nor would he have been justified in setting aside a juror because he was a republican, unless there had been in each case some other legal objection. There is no distinction between the two cases—the political principles of a man is not the test of his fitness to serve as a juror. If Mr. Basset had been exempted from being on the jury in consequence of the scruples he suggested, the court must have exempted all who should make similar excuses, or they would have given just cause for complaint. It was the duty of the court to direct the jurors to be sworn as they were called, against whom there was no legal objection—I flatter myself I have sufficiently shown that against Basset there was no such objection—that the judge was not only free from impropriety in directing him to be sworn, but that his conduct would have been censurable had he acted otherwise; and here, sir, I conclude my observations upon the second article of impeachment.
I now come, Mr. President, to the third article wherein my honorable client is criminally charged for the rejection of the evidence proposed to be derived from Col. John Taylor.
In this part of the case the facts are admitted. The next question of law, therefore, which presents itself for discussion, is whether or not Col. Taylor's evidence ought to have been received, or was properly rejected. Here again I must observe that the honorable managers to support their charge, resort to principles which are to me, to the last degree, strange and novel.—We are told that the court has no right to order questions which are meant to be put to a witness, to be reduced to writing. Nay, that the court have no right to know what evidence is meant to be given by the witness, or its connexion with other testimony, or its bearing on the cause, but to receive it drop by drop, as the counsel think proper to deal it out. In answer to these extraordinary ideas which we have had thus introduced, I must be permitted to assert, that the court have, in my opinion, an undoubted right to require of the counsel that they should open their case, explain the nature of the evidence meant to be given and on the production of a witness, state what they expect to prove by such witness. In the course of my practice it has been the usual method of proceeding for counsel to conduct themselves in this manner—and on this subject M c Nally, in his rules of evidence, page 14, expressly lays it down as a rule, "that
counsel ought not to call a witness without first opening to the court the nature of the evidence they intend to examine to. This has been often solemnly adjudged though not strictly adhered to in practice." And in page second he gives us as the first rule, "that no evidence ought to be admitted to any point but that on which the issue is joined." But how is a court to prevent, & it is only the court which can prevent, evidence being admitted which is not pertinent to the point on which the issue is joined, unless they are first informed what evidence is meant to be given? It is then upon the authority of M c Nally established that the court have the legal right to know what counsel mean to prove by a witness—and having that right, they may exercise it whenever in their discretion they may think it necessary.
To determine, therefore, whether they acted correctly in rejecting the testimony they hoped to obtain from him; and for this purpose, what were the questions proposed to be put to him. They were.
1st—Did you ever hear John Adams express any sentiments favorable to monarchy, or aristocracy, and what were they?
2d—Did you ever hear Mr. Adams, while Vice-President, express his disapprobation of the funding system?
3d—Do you know whether Mr. Adams did not, in the year 1794, vote against the sequestration of British debts, and also against the bill for suspending intercourse with Great Britain?
Col. Taylor's testimony was offered as being relevant only to one set of words stated in the two counts of the indictment, to wit, "he (meaning the said President of the United States) was a professed aristocrat. He (meaning the President of the United States) had proved faithful and serviceable to the British interest; (inuendo) against the interest and welfare of the United States."
Need I state to this honorable court, that words, which do not in themselves, or on the face of them, purport any thing criminal, cannot be made so, or considered as libelous, but by laying an inuendo giving them a criminal meaning, without which they would be innocency,—and also that the criminal meaning laid in the inuendo must be strictly proved.
Let us now examine the set of words to which Col. Taylor's evidence was meant to apply, they were without any inuendo, as follows: "He was a professed aristocrat, he had proved faithful & serviceable to the British interest."
This sentence consists of two separate distinct clauses or parts: the first, that "he was a professed aristocrat"—The second, that "he had proved faithful and serviceable to the British interest." I ask this honorable court if either of these clauses or parts, of themselves, and without an inuendo, carry with them any charge of criminality, or any thing libelous? To say that a man is an aristocrat, a democrat, or a republican, is not of itself charging the person with any thing criminal, nor is it slanderous, unless indeed the charge is accompanied with an inuendo, stating that by the epithet so used, something very bad was intended; and that government would indeed merit contempt in which a person should be punished upon such a charge. So also, to say that a man had been faithful and serviceable to the British interest charges him with nothing criminal, and therefore cannot be slanderous, because the British and the American interest in many instances have been and may be the same.
There may be a variety of instances in which the interest of two nations may concur. There have been many in which the interest of America and of Britain did concur; many also in which the interest of America and France have combined. In the first instance a man may have been faithful and serviceable to Britain; in the other to France, without the violation of any duty to the United States, without having been guilty of the least criminality.
The sentence then taken altogether connecting the two clauses, does not of itself import any thing criminal, and consequently is not slanderous, if it remained without any inuendo, and if it was free from an inuendo being no slanderous, would not require any evidence relative thereto.—Nay, it would be no part of the charge put in issue, for in legal construction it is only such part of the publication stated in an indictment, which is slanderous that is the point in issue.
I will now, sir, read that part of the indictment, in connection with the inuendo. "He (meaning the President of the United States) was a professed aristocrat." Here there being no inuendo, this clause or part of the sentence remains in its primitive innocency;—"He (meaning the President of the United States) had proved faithful and serviceable to Great Britain." This of itself, as I have observed, is perfectly innocent; but here comes the inuendo with its sting in its tail—"Inuendo, against the interest and welfare of the United States
of America." Thus it was only the latter clause in the sentence that was presented as being libelous; and, how was that part of the sentence to be justified? By shewing that the president had, in the high station he had occupied, prostituted his character by sacrificing the interest of the United States to the interest of Great Britain. And how was this justification to be proved? Not by any answer Mr. Taylor could give to the first question, for that as far as his answer could have relation, could only relate to the first clause; but that clause being of itself innocency, and not made criminal by any inuendo, was no part of the criminal charge in issue , but was merely introduced as being part of a sentence, the latter clause of which was only charged to be criminal. Any evidence from Col. Taylor as to the first clause was therefore totally irrelevant, as not going to the point in issue, and as only going to prove the truth of what was neither stated nor relied on as being criminal; and therefore was properly rejected by the court.
As to the second question, to wit, "Whether Mr. Adams, while vice President, had expressed his disapprobation of the funding system?" The question could not be in any degree relevant to the one or the other clause in the sentence.—Whether Mr. Adams expressed his disapprobation while he was Vice-President, of the funding system, or not, could in no respect go to prove or disprove his being a professed aristocrat, or his having sacrificed the interest of the United States to the interest of Great Britain. The court therefore considering this question totally irrelevant to the "point in issue," did as was their duty to do, refused to suffer it to be put to the witness.
So much for the two first questions. We now come to the third, respecting the votes of Mr. Adams, when Vice-President, against the bill for the sequestration of British debts, and the bill for suspending intercourse with Great Britain. For the conduct of my honorable client in refusing to permit this question to be put to Col. Taylor, two reasons may be assigned; the first, that if the fact was as stated, it could not be proved by Col. Taylor. The second, that if the fact was established, it would be totally immaterial to the issue:—Col. Taylor's evidence was not the best which the nature of the case admitted. I will not say that the traverser, in order to prove this vote, was under the necessity of procuring a copy from the journal of the Senate, properly authenticated by their clerk, but he certainly ought at least to have produced a printed copy of the votes and proceedings of the Senate as published by them. One thing at least is certain that the traverser could not consistently with rules or law, give parole evidence to establish the vote of Mr. Adams, and therefore that Col. Taylor could not be legally examined on that subject. But I will go further in defence of my client, and will say, that if they had had the best possible evidence of the fact; if they had had an attested copy from the records of the Senate, the judge would have departed from his duty if he had permitted the evidence which was wished to have been obtained from Col. Taylor, to have been given to the jury. Ought any evidence to be given to a jury which is not proper and pertinent to prove the fact in issue or to prove some fact from which the fact in issue ought legally to be inferred—evidence not relevant to the point before the court and jury?—Was not, as to this part of the charge, the fact in issue, whether Mr. Adams had swerved from his duty by intentionally prostrating the interest and welfare of his country to the interest and welfare of Great Britain?—Should not a charge of so atrocious a nature be proved by some direct act of this criminal sacrifice of the interests of the United States to the interest of Great Britain, or by the proof of some other act from which such criminal sacrifice must and ought on principles of law to be clearly and necessarily inferred? And what was the proof proposed to be offered for this purpose? That upon the question whether British debts should be sequestrated, and whether our intercourse with Great Britain should be suspended, after full discussion one half the members of the Senate voted in favor of those measures, and one half of the Senate against them.—And that in this situation Mr. Adams thinking them of too hazardous a nature, and such as might involve our country in a war, did not choose to take upon himself so great a responsibility as to give his casting voice in the affirmative.
I have, Mr. President, neither time nor inclination to enter into a discussion of either the propriety or policy of those measures, but I have no hesitation to express my belief, that the honorable members who voted for or against those measures, were equally actuated by the same purity of motive. That those who voted on the one side or the other acted from the sincerest desire to promote what they respectively considered the best interests of their country.
Shall then, the rejection of the evidence, that Mr. Adams, on measures in fieri, on which the Senate was equally divided, gave his casting vote with the Senators whose political sentiments ac-

corded with the then majority; and which evidence, if admitted, would have proved nothing, be considered as a ground of impeachment? I say evidence, which, if admitted, would have proved nothing; for that act of Mr. Adams certainly would not have proved that he had corruptly and wickedly sacrificed the interest and welfare of the United States to Great Britain; nor would it have proved any thing, from which such sacrifice ought legally and necessarily to be inferred. Where is the man who would dare to say, that the members of the Senate who voted for or against the bill for the sequestration of British debts, and the suspension of our intercourse with Great Britain, acted from corrupt motives? Is there a member of this honorable court, who believes that the Senators, who voted against those measures were actuated by a desire to promote the interest of Great Britain at the expense of their own country? Or that those who voted in favor of those measures were actuated by a desire to promote the interest of France at the same expense? The heart of every member of this honorable court, I am confident, revolts at the idea! Ought then any Judge to have suffered this act of Mr. Adams to have been offered to a Jury, as evidence directly to establish that he had wickedly and corruptly preferred the interest and welfare of Great Britain to that of the United States, or as evidence from which the Jury ought, upon legal principles, necessarily to infer that he had thus acted.
The judge who would have permitted such evidence to have been given for such purpose, in my opinion, ought much rather to be impeached for his conduct, than the judge who should reject it.
It is the sole province of the court to determine what evidence shall go to the Jury, either as proper, directly to prove the fact in issue, or to prove any facts from which that fact ought to be inferred. The court are the sole judges of the competency and admissibility of the evidence—the competency depends upon its legality; the admissibility upon its relevancy to the question in issue—If illegal, it is their duty to reject it; but though legal in its nature, yet if not relevant to the point in issue, it ought equally to be rejected; because its production only wastes time, and has a tendency to mislead the Jury.
The right of the court to decide what evidence shall go to the Jury I never heard questioned till in the course of this trial. The honorable managers appear disposed to advocate a different doctrine, and as they claim the right that the Jury should decide the issue without regarding the opinion of the court as to the law, so they seem to think that the court ought not to restrict the evidence to the Jury. And hence they have expressed some indignation against my honorable client, because when he told the counsel in Fries's case, that they might go on as they pleased, but still subject to the direction of the court as to what evidence they might offer: On that occasion they exclaimed—"the court took upon themselves to decide what evidence should go to the Jury! But perhaps that evidence which might have been rejected might have influenced the decision of the Jury, and as the Jury have a right to decide the law, uncontrolled by the court, they ought to have before them all that evidence which might possibly influence their decision!" Charming doctrine! Thus the Jury are not only to decide the law on the issue, but likewise all questions of law which arise upon the proceedings in the cause and upon the evidence that is to be admitted. The honorable managers seem to forget that it is only in consequence of the right of the Jury to give a general verdict that they get incidentally the power of deciding the law in any case, but that this cannot in any manner enable them, either as to power or right, to have any control over the court in any collateral questions. The maddest enthusiast that ever yet advocated the rights of Jurors, has never questioned the right of the court to determine upon the competency and admissibility of evidence. Such being the law, it was the duty of Judge Chase, when the question meant to be established was, that Mr. Adams wickedly and corruptly sacrificed the interest of the United States to Great Britain contrary to his duty, to prevent the vote of Mr. Adams on that occasion being given in evidence to the Jury, either as proper directly to prove the fact, or from which they ought necessarily to infer it. And I again repeat, if he had suffered such evidence to have been given to them as proper and relevant, he would have been much more deserving of impeachment.
I have stated that there are two ways of proving the issue—either by directly proving the fact in issue, or by proving some fact from which the fact in issue ought legally to be inferred; and that in the one case and the other the court are the Judges as to the competency and admissibility of the testimony. But I go further, it is the court who have a right to determine whether or not the fact in issue ought to be inferred from a fact proved, or what fact, being proved, will justify a Jury in inferring and accordingly finding the fact in issue. I will, sir, explain my meaning. The question in issue is a grant or no grant of a tract of land; the grant is the fact to be established; no grant can be produced, but evidence is given of possession for a great length—a regular transference of the property, as having been granted—payment of rents to the successors of the supposed grantor, &c. the court not only determine what testimony is proper to establish these facts, but they direct the Jury that if they believe the evidence, they then ought to find that a grant had been given. On this point I refer to Cowper, p. 112, and 12 Coke, 2. to, sir, if in an action indebi-
tatus assumpsit for money due, the defendant pleads the act of limitation, and the plaintiff replies a promise to pay within three years. If on the trial of the cause the plaintiff proves an acknowledgment of the debt within the limited time, the court will instruct the Jury, that if they believe the fact, they ought to find from it, as being sufficient evidence for the purpose, the fact in issue, that he did promise to pay. Yet if the Jury was to find a special verdict, stating that within three years the defendant had acknowledged the debt, the court could not give judgment, but must order a venire facias de novo, because the Jury would not have found the fact in issue, but only a fact which was, as evidence, sufficient to have justified them to have found by their verdict that the defendant did assume. Again, in the case before supposed, evidence was given to the Jury that the defendant had acknowledged the debt as aforesaid, the court would instruct the Jury that upon that evidence they ought to find the defendant had promised, and if the Jury did not give their verdict for the plaintiff, the court would grant a new trial. So, sir, in an action of trover and conversion. If it was proved that the defendant had the thing in possession for the conversion of which the suit was brought, and evidence is given that the plaintiff demanded the article from the defendant, and that he refused to deliver it, though this is not itself a conversion, and if the Jury was to find a special verdict stating these facts, the court could not give judgment, yet the court would direct the Jury that upon such fact being proved, they ought to find the fact in issue, to wit: the conversion, and if the Jury was not to find for the plaintiff the court would grant a new trial. Again, in the case of an action brought to recover money and the statute of limitation pleaded—if the defendant acknowledges the justice of the debt, but at the same time absolutely and unequivocally declares that he never will pay any part of it, the court would instruct the Jury that upon such evidence they could not find for the plaintiff, for that the acknowledgment of the debt being only presumptive evidence of a promise to pay it, that presumption was taken away when the acknowledgment was accompanied with a direct unequivocal declaration that he never would pay any part of it. So in the case of trover and conversion, if the thing in question was large, heavy and unwieldy as a large piece of mahogany or other timber, and when the delivery of it was demanded, the defendant was to refuse troubling himself on the occasion, but to direct him to where this ponderous article lay, and tell him that he might take it into his possession when he pleased; the court would certainly say there was no proof of conversion—the prima facie evidence being defeated by the circumstances of the case.
I have introduced these cases by way of illustration; and to shew that the court determines what is proper evidence to prove the fact in issue—from what fact the fact in issue may be inferred—and also what evidence is admissible to prove this secondary fact; and therefore as the vote given by Mr. Adams of which Callender wished to give evidence was not sufficient to prove directly the charge that Mr. Adams had wickedly, and against his duty, sacrificed the interest of his country to that of Great Britain—nor was a fact from which the Jury on principles of law ought to have inferred it; and I am sure no person will attempt to support the contrary, therefore that my honorable client instead of being impeachable for rejecting such evidence, would have exposed himself to censure had he admitted it.
Nor can I doubt but that the respectable counsel who were concerned for Callender, would have cheerfully acquiesced in and approved of my honorable client's conduct in this respect, had it not been for a cause, which they honestly acknowledged, their extreme ignorance of the law which relates to the doctrine of libels—and which had induced them to use every exertion to obtain a continuance of the cause to a future term, that in the mean time either in their own offices, or under the instruction of some legal character, they might acquire a more accurate knowledge of that branch of the law. An indulgence that it seems they could not prevail upon the court to give,—for the refusal of which, however, I hope my honorable client will not be thought impeachable.
I have now, sir, finished my observations on the third article, and am under the direction of this honorable court whether I shall proceed to the fourth, or wait till they take some refreshment. (It was now three o'clock, and the court adjourned for half an hour.)
[The court having again met, Mr. MARTIN continued.]
I shall now, sir, proceed to the fourth article which charges the respondent's conduct to have been marked during the whole course of the trial by manifest injustice, partiality and intemperance.
From the evidence it certainly appears that Judge Chase prevented the counsel from arguing to the Jury, that the sedition law was unconstitutional; and this seems to have given rise to a great portion of the altercation and ill humor between the court and the bench.
I admit that the constitution gives to a criminal the right of having counsel; but the constitution has not defined the rights or duties of counsel, or to what extent they are to exercise them. One thing, however, is certain,—that they have no constitutional right to impose upon the court or to mislead the jury.
When Callender's counsel contended that if the Jury have a right to decide questions of law, then the constitution being the supreme law of the land, the Jury must of course have the power of deciding on the constitutionality of a
law; the Judge might well say it was a non sequitur.
What has been allowed to the Jurors as their incidental right on the general issue? Not to decide whether there is an existing law, or whether a law is in force, but to declare the true construction of an existing law, and whether the case at issue comes within the true construction of such law.
But those who contend that the jury have a right to determine the constitutionality of a law, insist not for the power of the jury to decide its true construction and whether the prisoner's case comes within it, but to decide whether what is produced as a law is not void, a mere nullity, a dead letter; or in other words whether such a law is in existence. The maddest enthusiasts for the rights of jurors—their most zealous advocates have never contended for such a right before the cases of Fries and Callender. Whether a law exists, whether a law has been enacted—whether a law has been repealed—whether a law has become obsolete or is in force? The decision of these questions hath always been allowed the exclusive right of the court. The power of the court to decide exclusively upon these questions hath never been before controverted. Nay the very right claimed on behalf of the jurors, that they may determine what is the true construction of the law, and whether the case is within its provisions, of itself necessarily presupposes, and is predicated upon the existence of a law, the true construction or meaning of which they are to determine. It has indeed been seriously questioned, and that by gentlemen of great abilities, whether even the judiciary have a right to declare a law passed by the legislature, to be contrary to the constitution and therefore void! I shall not enter into an examination of that question, but I have no hesitation in saying that a jury have no such right—that it never was intended they should have such right, and that if they had the right, we might as well be without a constitution.
The first specific instance of my client's unjust, partial and intemperate conduct, which is stated in this fourth article is, that he compelled the traverser's counsel to reduce to writing the questions which they meant to propound to Col. Taylor. The correctness of this procedure will depend on the question whether the court had by law such a power, for if such a power was possessed by them, it is to be presumed that they, on that occasion, exercised it according to their best discretion, nor can it be inferred that their conduct was criminal, because the procedure was novel in Virginia. There are cases in which the practice of a court may be considered the law of the court; but these are not in any manner analogous to the case in question; nor do I find that the practice of the state courts is obligatory "in any case of this kind on the courts of the United States." My honorable client did not consider what was usual in Virginia, but what was correct and proper, he knew that the law authorised him to make this demand. In Maryland, where he imbibed his legal knowledge, and where at the bar and on the bench he had carried it into practice, nothing was more common than for questions to be reduced to writing at the request of counsel, or at the request of the court. If counsel doubt of the propriety of the evidence meant to be drawn from the witness, or the correctness of the question meant to be propounded to him, they have a right to request it to be reduced to writing. So also, if the court, without whose approbation no testimony can be given to a jury, and whose duty it is to prevent improper testimony to be given, has reason to suspect an intention to introduce such evidence, they have a right, and they ought to require the questions to be reduced to writing, that there may be no misapprehension of the tendency of the question, and that they may more deliberately decide whether it is proper to be put to the witness. And in this case, the counsel were not required to reduce their questions to writing in the first instance, or before they had stated what they meant to prove, as hath been suggested. When Col. Taylor was called and sworn, the court desired to be informed what they meant to prove by him. M'Nally is an authority that in so doing they acted legally. The counsel stated the facts, to prove which Col. Taylor was called; upon which, the court doubting the admissibility of the testimony directed the question to be reduced to writing for their consideration. It cannot for a moment be seriously contended, but that the court had a right so to do. As my respectable colleague (Mr. Key) has observed, the practice of this honorable court during this trial, hath perfectly sanctioned that part of my client's conduct. If at any time a question has been put, the propriety of which hath been doubted, it has been directed to be reduced to writing;—It is true, that this has been principally, when an objection has been made by the counsel; but there can be no doubt, that if any honorable member of this court had apprehended the question to be improper, the court would have had a right, and would have directed the question to be propounded in writing for their consideration. The propriety, the principle, in each case is the same. On this part of the charge I need not dwell any longer.
The next instance of the Judge's conduct specified in this article is his refusal to continue Callender's case to the next term, notwithstanding the affidavit filed, and the applications made. On this subject, I shall not make many observations as to the law; but I may venture to assert that the conduct of Judge Chase in this instance also appears to have been free from any corrupt or oppressive motive or design—no part of his conduct on this occasion has been produced to shew that he entertained a disposition, to prevent Callender from
obtaining the testimony of his witnesses, or to deprive him of the necessary time to procure their attendance. Let it be recollected that the first affidavit prepared and proposed to be filed in order to obtain a continuance of the cause was a general affidavit. By the laws of England a general affidavit is not sufficient to entitle the party to a continuance—and upon principles of law as adopted in England and in the United States, at least in Maryland, a supplemental affidavit cannot in a case of this nature be received.
If then Judge Chase had wished that Callender should have been, at all events, prevented from a continuance of his cause, he would have suffered them to have filed their general affidavit.
[TO BE CONTINUED.]
WASHINGTON CITY.
WEDNESDAY, JULY 31.
A Treaty has been concluded in the state of Ohio with several Indian tribes, by which one million two hundred thousand acres have been ceded to the U. States for an annuity of eight hundred and twenty-six dollars.
We understand that advices have been received from Tangiers, as late as May 18, which do not countenance the intelligence recently received of a war with Morocco.
Yesterday, Mr. Peters, of the Bank of Columbia, was attacked on his way to Alexandria, and wounded by a person who crossed the ferry with him at Georgetown. The particulars have not reached us.
Baltimore, July 29.
ROBBERY OF THE BANK! 1000 dollars reward.—Last evening between dark and 10 o'clock, the Office of Discount and Deposit, established in this city, was forcibly entered by thieves, and a sum of money in paper and specie, chiefly small change contained in a small wrought iron chest, was stolen therefrom. The villains who perpetrated this daring robbery, were not able to penetrate the vaults; all they effected was to bear off the iron chest above mentioned and its contents. Among other bank notes therein, was a parcel of old defaced notes, two of which were for 500 dollars each, of this office; the indorsements on them entirely filled their backs. The said notes are generally much defaced, ragged, and scarcely fit for circulation. About the hour this act was committed, a person was seen with an iron chest in a wheelbarrow over Griffith's bridge. There is no doubt but several villains were engaged in the atrocious robbery. The above reward will be given to any person or persons who will detect and bring them to conviction; and should one of the accomplices engaged therein make a discovery, so that the rest be convicted of the fact, he shall receive the above reward, and interest made with the governor of this state to obtain for him a full and free pardon.
DAVID HARRIS, Cashier.
The importation of corn into Great Britain free of duty, is allowed for six months from the 30th of May.
MONUMENT TO LUTHER. —A society in Prussia have undertaken to erect a monument to the memory of Luther, and to found in connection with it an institution in which will be reared poor orphans of both sexes, and more especially of the workmen of the mines, to whom Luther's care was particularly directed; also youths destined for the ministry; and in fact young persons of all conditions, who will receive an education adapted to the different occupations for which they are intended. The king of Prussia has patronized this society and written them the following letter:
His majesty the king of Prussia having seen by the report of the Patriotic Library Society of the county of Mansfeld, the success of their undertaking for the erection of a monument to Luther, informs them of the pleasure he receives from this intelligence; and observing that the society have hopes of combining with that monument a beneficent institution; his majesty expresses the satisfaction he experiences at remarking the zeal with which they pursue this laudable object, and assures them, that he will most willingly contribute to its success.
(Signed) FREDERICK WILLIAM.
We are happy to perceive a spirit of experimental improvement extending among our Virginian farmers. As a proof of this fact, we may observe that a merchant of this city has lately imported from Ireland, 7 lbs. of Jerusalem or Egyptian wheat, which cost as much as a guinea per pound; and which by the time it came to hand amounted to not less than 44s. per lb. It will somewhat surprise our farmers that so small a quantity of any kind of wheat could be worth as much as £ 15. 3s. but when they come to consider its reputed qualities, together with its scarcity, we hope their surprise will give place to the more active sentiment of imitation. Mr. George Blakey near Hanover, town, for whom it was imported, intends it is said to sow it in drills, and hopes to gather from it 2 or 3 bushels.
The Egyptian wheat was first brought from Egypt by one of the Irish officers in the army of Sir Ralph Abercrombie. Its stem, which for strength and thickness resembles the strongest reed, is about
6 feet high, having, when nearly matured, a top or head about twice the size of an ear of our common wheat, together with smaller ears, branching something in the manner of oats. What is said to be most remarkable about the stem is, that it is not hollow, but filled with a nutritious pith or pith, which makes it equal to oats, as a provender for horses or neat cattle.
We hope that Mr. Blakey will make as complete an experiment as circumstances will permit upon the growth, productiveness and uses of this curious production, and that he will communicate the result to all his fellow laborers in the harvest field.
A late English paper informs us that "Mr. Showler, of Lincoln, three years ago, planted 25 grains of this wheat, and the second year's produce was 10 bushels. This year he reaped upwards of 10 quarters."
Enquirer.
New-York, July 26.
Mr. Dulton, who arrived at Plymouth, Mass. in the Schooner Miles Standish, direct from Lisbon, passed through this city yesterday, on his way to Washington with dispatches for our government from Mr. Munro. He informs that Mr. Munro left Madrid on the 26th of May, and that he had entirely failed to accomplish the object of his mission. He was to have returned to London by the way of Paris.
New-York, July 26.
GUN BOATS.
Captain Flye, arrived at Salem, in 59 days from Leghorn, informs, that the American squadron of Gun Boats had arrived safe at Gibraltar.
New-York, July 27.
By the arrival of the Schooner Diana, from Curraçoa, we learn that the British blockading squadron made a descent at Cuaraques Bay four days before the Diana; after landing 180 men and 3 pieces of cannon, they fortified themselves upon a hill, commanding the fort, from which they commenced a heavy cannonading, which was returned by the garrison with equal spirit, and continued from morning till evening, when the Dutch succeeded in driving the British from their encampments. They immediately retreated in a precipitate manner, leaving behind them one 18 pound carronade, 90 muskets, and 3 prisoners. The ships afterwards went to leeward, where they landed their sick and wounded, which amounted, according to report, to the number of 70 men.
The whole leeward part of the Island from the west end, to within 20 miles from town, has been burnt and destroyed in a shameful manner by the British. A Mr. Robert Cæn was taken up, and confined in the fort, on suspicion of keeping up a correspondence with the English, several others were also suspected, and a watchful eye kept upon them, by government, who are resolved to bury themselves under the ruins of the fort, rather than give up the Island.
The blockading squadron consists of 2 ships, 2 brigs, and 1 Schooner. The inhabitants of the city of St. Domingo, when the Diana touched, were perfectly unapprehensive of any further molestation from the negroes.
Extract of a letter from Samuel G. BAILLY, master of the brig Hudson, dated Cadiz Roads, June 2d, to his owner.
"I am sorry to inform you of my detention here. I was boarded by a Spanish privateer on the 10th May, about 15 leagues to the westward of Cadiz, which took my papers and letters; they then told me I might follow them into Cadiz, or go to hell if I pleased, and left me without putting any men on board. I made the best of my way into Cadiz, where I arrived the next day, and was immediately put under quarantine, where I have remained ever since, being 23 days, and have not the least communication with the shore or any vessel, the privateer lying along side me, and does not suffer any boat to come along side my brig, nor will she let me go out of the brig, therefore I cannot inform you what they intend doing; but at all events if they take the cargo, they will pay the freight, and if cleared I am in hopes of being paid for detention. I have wrote to the Consul, desiring him to assist me all that lies in his power, but he seems to do but little for me; and having no letters to any person here, and no one to intercede, therefore it is uncertain how long we shall remain under quarantine, though they promise to release me day after day. I should have wrote before, but was not permitted; the privateer being gone from along side to repair, and by greasing the fingers of the guard, they permitted me to send this letter on board an American vessel."
Philadelphia, July 27.
Extract of letter, dated Trinidad, June 18, to a gentleman in Charleston, South Carolina.
"We are in daily expectation of the complete reduction of the French in these seas. Since the arrival of their first marauding expedition, and the second, under Gravina, their force was such as to give them something of a mastery on the water, to which they had not been accustomed. We have frequently been in hourly expectation of them. On the 17th inst. the signal for a hostile squadron was made from the Heights—from their number, (about 14 ships of the line) we expected they would land about 7,000 troops. The coast having been lined with our troops, and we in immediate expectation of im-

molating them in their boats, an express arrived, stating that the supposed enemy was Lord Nelson, who had pursued the French from the Mediterranean, and expected to have traced them to Trinidad. He is now in pursuit of them, and no doubt will give a good account of them.
Trinidad is a most valuable Island, and highly productive: a very small part is however as yet cultivated. The colonists speak of it as an Island which will rival even Jamaica, at a day not far distant."
Kingston, June 22.
We are informed that the Earl Camden states in a letter to Gen. Nugent by the Packet, that sickness had broken out among the French troops soon after their first sailing from Toulon, the mortality having been occasioned by the ships being too much crowded, and that on sailing a second time they only took on board 4,800 men, instead of double the number; and Earl Camden supposed the Spanish vessels must have on board about the same proportion of troops. Their loss by sickness we leave our readers to estimate.
The expedition for the West Indies, under Sir Eyre Coote, which may be shortly expected, consists of the 8th, 24th, 32d, 28th, 62d, 71st, 72d, 83d, 89th and 93d regiments. The Gen. under Sir Eyre are Major General Drummond, and Brigadier Generals Montresor, M c Farlane, and Balfour. Gen. Coote, we understand, has instructions to act where it may be found necessary.
New-York, July 25.
The ship Logan, Banker, arrived at this port last evening in 47 days from Liverpool, and has furnished the Editor of the Mercantile Advertiser with Liverpool papers to the 8th of June, inclusive, London papers to the 6th, and Lloyd's Lists to the 4th. They contain nothing politically interesting, as the following, which are the most prominent articles will shew.
LONDON, June 5.
Dispatches were yesterday received at the Admiralty from Lord Keith. They relate to the increased preparations of the enemy at Boulogne, and mention the capture of some small vessels from Flushing. Letters from on board our blockading squadron state that the enemy's flotilla is every day in motion, and that it has of late been reinforced from other ports in the Channel. An officer writes, under the date of Friday last, as follows:—
"From all the observations I am able to make, and from the information I collect, I am fully persuaded the enemy seriously intended to make an attempt at coming out."
Orders have been given for a very strong squadron to watch the motions of the Rochefort fleet; and that some fast sailing vessels shall be stationed to give the earliest notice of their putting to sea again, which government have reason to believe they will soon attempt to do.
Dispatches were this morning received at the Admiralty from Admiral Drury, on the Irish station: we cannot learn that they bring any very interesting intelligence.
We have of late taken notice of different unpleasant reports circulated in some of the morning papers, of symptoms of disaffection in Ireland. We are very much inclined to believe that they are mere fabrications. They are not countenanced by any letters we have seen from Dublin; and we have seen letters and newspapers of the date of Saturday last.
In the event of the late Sir William Pulteney's having left no will, the principal part of his Shropshire estates, to the amount of above £6000 per annum, will fall to the Earl of Darlington: the rest of the Bath, and his own unentailed property, of course devolve on his only daughter the Countess of Bath. He is succeeded in his title, and in all his entailed property, consisting of his Scotch and West India estates of about 10,000 per annum, by his nephew, Capt. Johnstone, of the Coldstream guards, son of the late Governor Johnstone. The amiable and accomplished lady Bath may now be reckoned one of the richest personages in this country, the American property being of inestimable value.
In consequence of the large arrivals of foreign wheat, and of the additional quantity expected, it is the general opinion that it would have been more advisable for the farmers to have sent it to market during the late high prices. The expected arrivals are so enormous, that a further reduction in the price is expected.
The Spaniards, it appears, are still very active in all their ports, and expect to take a very active share in the war. It is stated that the fleet from Carthagena, of six sail of the line, sailed from Carthagena, on the 27th of April. We have no certain accounts where this fleet is gone, unless it be to Cadiz; and no intelligence of its passing the Straights has yet been received.
JUNE 6.
The collecting of a strong fleet in the Downs, which we mentioned yesterday, is probably in consequence of some information received respecting the movements of the enemy on the French coast; for even the ships which composed the North Sea Squadron, which had come into Yarmouth a few days ago, have been ordered to the Downs; and we find by our port letters that some of them have actually sailed for that station.
It is reported that Bonaparte has arrived at Boulogne, having reached that port on Sunday last. It is said he returned to Paris on the 30th ult. where he only staid that and the following day. We know not on what authority this statement rests, but certain it is that
there has been a great bustle at Boulogne for above a week past, as if preparations were making for some more than ordinary occasion; and a firing was heard along the French coast, during a great part of Sunday; on which day fifty gun boats, twenty luggers, and several sloops, were observed on the outside of Boulogne pier.
The prevailing opinion, at the present moment respecting the combined fleets, is, that one part of them is destined to take possession of the Cape of Good Hope, and the other to secure the Brazils; the former having been ceded to France, and the latter promised to Spain. Should they succeed in such a design, and we see nothing at present that can possibly prevent them, it will be productive of incalculable disasters to our India trade. The enemy possessed of the Cape of Good Hope on one side, and of the Brazils on the other, would form a chain which could not be broken through at any time, but by a very strong convoy, which ought to be employed on more active services. Deprived of the resources of the Brazils, Portugal must sink by a natural death into the devouring jaws of the king of terrors, Bonaparte, who would probably lull the fears, and fan the hopes of Spain with the possession of that devoted state, until he found an opportunity of adding the kingdoms of Hesperia to that of Italy.
This morning some dispatches, taken on board a Spanish packet by the Aolus privateer, of Guernsey, were brought to the secretary of state's office by the commander of the Aolus . They were thrown overboard by the Spaniards, but recovered by the exertions of the people belonging to the privateer. It is very probable these dispatches may lead to some knowledge of the intended operations of the enemy.
STOCKHOLM, May 23.
It is understood here that the treaty between England, Russia, and this country, is finally arranged and combined.
MAY 29.
Mr. Whitbread has also given notice, that he will, at an early day, move certain resolutions relative to the chancellor of the exchequer. The following part of the report of the select committee is the ground on which it is said, the resolutions will be bottomed; viz.
"The second head of the report refers to the representations said to have been made to the lords commissioners of the treasury, and the chancellor of the exchequer, respecting the manner in which the naval money was drawn from the bank, contrary to the act of the 25th of George III. chap. 31."
"The committee state, that they do not find any representation on this subject was made to the Lords of the treasury, but that it was represented to Mr. Pitt, as appears from the evidence of Mr. Raikes, and the admission of Mr. Pitt himself."
"The report states, that some time in the year 1797, Mr. Raikes, Governor of the bank, had an official interview with Mr. Pitt. After official business was at an end, he told Mr. Pitt, in conversation, the manner in which public money was drawn from the bank by the treasurer of the navy: that he had heard the treasurer (Lord Melville) kept cash at Coutts's; and that navy bills were paid by drafts on that house, instead of by drafts on the bank. Mr. Pitt thanked Mr. Raikes for this information. Such Mr. Raikes, in his evidence, states to have been the purport of the conversation, but, from the length of time that has since elapsed, he is not sure as to the terms."
"Mr. Pitt admits the general import of the conversation as stated by Mr. Raikes, but differs with him as to the terms. He don't undertake to recollect with accuracy, but states it in substance to have conveyed to him an impression that sums were drawn from the bank, and carried to a private banking house, to a larger amount than was supposed necessary; that he took an opportunity of stating to Lord Melville the information he had received from Mr. Raikes; and though he cannot state precisely what further passed between himself and Lord Melville on the subject, he was impressed with a belief that no sums were so transferred but such as were necessary to carry on the details of service in payments to individuals, and that it would be difficult to carry on such details in any other way; that in his conversation with Lord Melville he did not advert to the provisions of the act which forbid such transfers, nor did it occur to him that drawing from the bank such sums of money in such a way for the purpose of carrying on the details of office, was an illegal practice.—Relying on the rectitude of Lord Melville, from the opinion he entertained of him, he made no inquiry as to the necessity of the practice, and was so far satisfied with the general statement given by that noble lord, that he did not think it necessary to communicate the circumstances of the case to any other of his majesty's ministers, or to take any further steps on the subject. He had no knowledge or information of any naval money, the 40,000, excepted, being applied to other purposes, except from the communication of Mr. Raikes, until after his retirement from office he was acquainted of it by Lord Harrowby. That noble lord told him that he thought the practice very singular, and was therefore taking steps to put a stop to it. That private profit was made from the use of the money belonging to the funds of the navy, he had no knowledge whatever, till it was made known by the report of the naval commissioners, nor did suppose the business of the office would admit of it."
LONDON, June 5.
A paper of yesterday (The Times) contains the following article:—
"The case of Mr. Osborne Markham,
or rather of the Navy and Admiralty boards, with regard to that gentleman, engrosses the attention of the political circles. Mr. Markham is (or was a very few days ago) one of the commissioners of the Navy Board. When this seat was offered him, he left the bar, and resigned the Chancellorship of the See of York, and a commissionership of Bankrupts. Disapproving some of the transactions of the Navy Board, he expressed himself with freedom and dignity at that table, which produced a complaint to Lord Melville, the first Lord of the Admiralty, to whom his colleagues represented, as a great grievance, that he had absolutely presumed to take notes or memorandums of the proceedings of the Board. Lord Melville, upon inspection of these notes, was pleased to express his approbation of them, but at the same time to dispense with Mr. Markham's attendance at the Board for a short term. Upon Lord Barham's coming into office, a design has been nearly perfected for forcing Mr. Markham to exchange his seat at the Navy Board, which is a patent place for life, and of a considerable dignity, for a situation at the Transport Board (an inferior and dependent board, and which has only a temporary existence). Mr. Markham has repeatedly, in conferences, and by letters to his Majesty's ministers, decidedly refused to accept this offer; notwithstanding which Lord Barham has proceeded in obtaining his Majesty's consent, and the new patents have been made out. Mr. Markham remaining firm, the Admiralty Board have not ventured to seal the patent. Mr. Markham remains suspended, and the matter will be brought before Parliament. Mr. Markham is son of the Archbishop of York and brother to Admiral Markham, Lady Mansfield, &c. &c."
The British have 112 ships of the line in commission, 20 fifties, 134 frigates, and 436 sloops.
Of Admiral Collingwood's progress, or destination, we are still uninformed. He failed with sealed orders, which were not opened until he reached a certain latitude.
Paris Papers to the 26th, and Dutch Journals to the 29th ult. were received on Friday. The Moniteur contains no intelligence of importance, if we except that Bonaparte was crowned King of Italy on the 23d, at Milan, from which place, those papers say, he is to set off directly for Boulogne. It is observable that in the Moniteur and other papers, many suggestions are offered as to the probability of an approaching Peace between Great Britain and France.
India.—A disorder, resembling the plague of Turkey, lately broke out at Oujein, the capital of Seinde, and is stated to have carried off seventy thousand persons in the course of a few days. The principal inhabitants fled from the city on the first alarm, and the troops at length refused to perform the duties of the garrison, and marched into the country, whither, it is feared, they may have carried the distemper. At the date, however, of the last accounts from Bombay, it was understood, that the fever confined its ravages to Oujein and its immediate vicinity.
PARIS, May 30, 1805.
"It has been confidently said for two or three days past that negotiations for peace with England are renewed, which has excited a very strong sensation. It is said, in confidence, that an officer of his majesty is in London conferring on this important subject."
MILAN, May 4.
The Deputation sent by our government to Turin, to compliment the Emperor Napoleon, met with the most gracious reception from His Majesty. The following are some passages in the answer which that Monarch returned to the address of the President of this deputation:
"I receive, with pleasure, the expression of the sentiments of the people of Milan. These sentiments have been known to me from the time when I first entered victorious within their walls. I consider the inhabitants of Milan as my children; and I shall ever entertain for them the most particular affection, while I applaud myself for having delivered them from their enemies, and saved them from the dangers which threatened them. I recommend to them the practice of the social virtues actively, the love of their country and order. Speaking of the Italian Republic, and the Kingdom of Italy, he said that the former had excited envy and jealousy, and the latter might excite them still more, as it afforded less facility to agitate and disunite; but in that case, God had given him a good sword to scatter his enemies. His Majesty added, that he would never lose sight of the interest of the city of Milan, and that he would hasten the moment of his arrival in the midst of the Milanese people."
N. York, July 27.
The Hibernia, Capt. Done, arrived at Boston, spoke brig Telemachus on the 18th in a short passage from Leghorn, and was informed that the American
Gun Boats had all arrived safe at Gibraltar.
We learn by Mr. Harrod, supercargo of the ship Hannah , arrived at Newburyport from Trieste and Gibraltar, that the United States Schooner Enterprise , Capt. Robertson, has been entirely rebuilt at Venice, and would be ready to sail for Syracuse the 16th of May.
The United States frigate Boston (the Constitution being in company,) captured a Tripolitan cruiser and retook two Neapolitan vessels, her prizes, and carried into Malta.
The Hanover brought dispatches for Government from our Mediterranean Squadron.
The following regulations of the Intendant-General of the Island of Cuba has been obligingly translated and handed to us, by a gentleman, to whom the public has been frequently indebted for his useful communications. The original has been left in our possession. In about two months time we shall probably see it announced from the Consul General at Philadelphia .
"SENIOR DON RAFAEL ROUBAUD, Intendant General of this Island, has determined, in a decree of the 28th June last, that the regulations pointed out in the manifest or ordinance, of the 8th February an error, for the general Administration of the revenues of the marine, for the Commerce of Neutrals, receive the following addition."
The Consuls or Vice-Consuls of the neutral ports from whence expeditions are made (and in the case of their being no Consuls resident therein, the persons authorized by the Minister Plenipotentiary of His Majesty) shall certify to the accounts or invoices, with the expression of the particular part of the Island to which they are directed; with an individual relation of the number, weight, measure, quality and value of the kinds and effects comprehended in the cargo; under the intelligence or knowledge that whatsoever shall be discovered that was not included in the invoice, will be confiscated without any indulgence."
Havanna, July 5, 1805.
In the British House of Commons on the 30th of May, Mr. WHITBREAD observed, that on account of the necessary delay in printing the papers respecting Lord MELVILLE, he felt it necessary to put off his motion for impeachment, until Tuesday, (June 4.)
Mr. Pitt said he understood the gentleman had two objects in view—one the impeachment of Lord Melville, the other certain resolutions concerning himself (Mr. Pitt). He was anxious any charge intended to be brought against him should be brought to a decision as speedily as possible.
Mr. WHITBREAD said he should adhere to the order he had laid down of moving the impeachment first; and that he would be prepared to bring forward the other motions as soon after as the House should sit.
Mr. LASCELLES said there were three points which might be made the grounds of resolutions against Mr. Pitt—all tending to accuse him of being privy to some of the irregular transactions of Lord MELVILLE—but there was not a shadow of suspicion of his having derived any advantage therefrom.
Lands for Sale.
PURSUANT to an order of the court of Calvert county—the subscribers will sell at public auction at the house of Mr. James Duke, at Prince Frederick Town in the county aforesaid on the 29th day of August, if fair, if not the next fair day—ALL the real estate of captain Walter Smith late of said county deceased, consisting of the following tracts of land.
The tract on which the said captain Smith resided, containing 125 1/8 acres lying on the river Patuxent, bounded on the west by said river, and on the south and east by a fine navigable creek called St. Leonards, so that a short fence will inclose the whole land—the soil of this tract is equal to any on Patuxent either for farming, planting, or grazing; and in their season a great abundance of fire wood and oysters may be had either from the river or creek.
One other tract of land in the Forest, about two miles from the former, containing 627 1/2 acres. The greater part of which is covered with hickory, chestnut, and oak wood, and a great proportion of swamp land, which at a trifling expense might be converted into valuable meadow.
One other tract of 536 1/2 acres lying on Choptank Bay, bounded on the east by said bay and on the north by a creek called Parker's creek; on this tract there is a very fine salt marsh, a quantity of fine meadow land, and abundance of timber.
It is thought needless to give a fuller description of those lands, as it is presumed no one will purchase without first viewing them. And on application to Mr. John Turner who lives adjoining the first mentioned tract he will show the different tracts as well as the place of the farm.
These different tracts will be sold in a body or divided into lots, as may best suit those who wish to purchase: the purchasers to give bond with interest with approved security for the purchase money to be paid in three equal annual payments the whole interest to be paid yearly. And on the ratification of the sale by the court and a full payment of the purchase money, a deed of conveyance will be executed to the purchasers agreeable to an act of assembly in such case made and provided.
JO. WILKINSON, JOHN TURNER, JAMES HELE. } Commissioners. July 31—W446
LOTTERY.
THE Lottery for the Church of St. John's Frederick Town, will commence drawing in Frederick Town in December next.
Tickets in the above Lottery may be had at Five Dollars, of the Rev. Wm. Matthews; Peter Healy & Co. and Capt. John Coyle, Washington city, and of the Rev. Bishop Neill, George Town.
The scheme of the Lottery may be seen on application to any of the above gentlemen.
July 31—31
THIS is to give notice, that the subscriber hath obtained from the Orphan's Court of Washington county and district of Columbia, letters of administration on the personal estate of Patrick Lynch, late of the Marine Corps deceased; all persons having claims against the said deceased, are hereby desired to exhibit the same, with the vouchers thereof, to the subscriber at or before the 29th day of January next, they may otherwise by law be excluded from all benefit of the said estate.
Given under my hand, this twenty-ninth day of July, 1805.
July 31—31
T. H. GILLISS.
West Indies.
BERNARD M c MAHON SEEDSMAN, No. 129.
CHESMUT STREET. PHILADELPHIA,
Has just imported from London by
the ship Columbia ,
A GENERAL ASSORTMENT OF
Garden Seeds,
PARTICULARLY of such kinds as are usually in demand in the West Indies, and also other hot climates; and also of such sorts as are necessary for summer and fall sowing in the United States. They are all fresh, of the last season's growth, and will be disposed of on moderate terms.
TURNIP SEED.
He has likewise imported from one of the most eminent Turnip farmers in England, a quantity of the genuine White Norfolk field turnip seed, which is the most profitable kind yet known for cattle feeding, and exceed by none for ordinary purposes.
FLOWER ROOTS.
His flower roots being now taken up, his friends and the public may be supplied with upwards of three hundred varieties of the most superb Tulips, all named, and arranged in their proper divisions, a large collection of the best double Nyctanthes , anemones , Ranunculus and Jonquils ; likewise Crown Imperial , crocus spring and autumnal Cyclamen roots, with several other kinds.
BOOKS.
He is constantly supplied with the best and most approved works on Agriculture, Botany and Gardening, and in a few weeks will have ready for publication his creations on AMERICAN GARDENING, adapted particularly to the climates, seasons, and vegetable productions, that are, or may be profitably cultivated, in the United States.
He is also supplied with the best English flour of mustard and split peas; white and brown mustard seed for mangles, &c. watering pots, basin mats, pruning, grafting, and inoculating knives; garden rakes, hoes, reels, lines, spades, shovels, trowels and edging irons; hot bed lights and glass, hyacinth glasses, red, white, and yellow clover seed, burnet, lucerne, ray grass, timothy, herb grass and orchard grass seeds, lentils, vetches, peas, beans and every other necessary article in the seed trade.
M c MAHON invites, nay he solicits a correspondence and reciprocity of services with the admirers of curious and useful vegetable productions, in the United States and elsewhere; and having it considerably in his power, being generally supplied with an immense number of scarce, curious, and valuable seeds, he hopes they will find in him an attentive and useful correspondent.
July 15.
Pursuant to a decree of the Court
Chancery,
I shall sell at Public Auction in the town of Piscataway, on Tuesday the 6th day of August next,
ALL the real estate (not heretofore sold) of Thomas Clagett, Esq. late of Prince George's county deceased, containing about the quantity of eleven hundred acres, of which that handsome well improved lot in the town of Piscataway is a part.
Two hundred and twenty-five acres of good forest land part of Marlow's resurvey, being about three miles from Piscataway—eight hundred and fifty acres, part of several different tracts, commodiously adjoining each other on Piscataway creek, about a quarter of a mile from the Tobacco Warehouse, on the navigation of Potomac river—This is a valuable tract of land, and will be sold in one body, or divided into lots as may best suit those who wish to purchase.
These lands will be sold on a credit of four years, payable in four equal annual installments, the purchaser or purchasers giving bond with approved security to the trustee on interest from the day of sale—on the chancellor's ratifying the sales and the whole of the purchase money being paid (and not before). The trustee by a good deed, will convey and transfer to the purchaser or purchasers and his or their heirs, the land to him, her, or them sold, free, clear, and discharged from all claims of the heirs of the aforesaid Thomas Clagett.
THOMAS DUCKETT.
Prince George's county, June 14—copiat
In Chancery, June 28, 1805.
ON application of Alexander Concess, trustee for the benefit of the creditors of Rinaldo Johnson, an insolvent debtor of Prince George's county, it is ordered; that the first day of November next be the time limited, before which the creditors of the said Rinaldo Johnson are to exhibit their claims to the said trustee; provided a copy of this order be inserted three successive weeks in the National Intelligencer and Baltimore Telegraph, before the 1st day of August next.
A true copy. SAMUEL H. HOWARD, R. O. C.
July 17—W446

List of Lands and Lots of Ground in Prince George's County, on which there is not personal property liable to pay the taxes due thereon for the years 1802, 1803, and 1804.
Table with 4 columns: Name, Acres, Tax, and Remarks. It lists various landowners and their properties, including names like Allen Bowies heirs, Benjamin Brooke's heirs, and John Keedle.
Notice is hereby given, that unless the county charges aforesaid are paid unto Richard Duvall, the collector, within thirty days after four weeks publication of this notice, the said lands and lots of ground, or such parts thereof, as may be sufficient to discharge the Tax and Legal charges thereon due, will be sold to the highest bidder, agreeably to the directions of the Act of Assembly passed November Session, 1797, entitled "An act for the more effectual collection of the county charges in the several counties of this state."
THOSE persons who are interested in the property above described are requested to pay the taxes due thereon with charges of advertising on or before the 22nd day of August next, otherwise I shall proceed to sell on said day the same, or so much thereof, as may be sufficient for the payment of said taxes and charges at public vendue, at Wm. Rote's tavern in Bladensburg. RICHARD DUVAL, Col. of Prince George's county. July 12—w4t
IN CHANCERY, June 27, 1805. RUNAWAY NEGRO.
W AS committed to the jail in Washington county, in the district of Columbia, on the 20th of June last, a negro man, supposed to be a runaway, but who says he is free, and calls himself RANDOL ALLISON. He further says, that his mother formerly belonged to Benjamin Chandler, clock maker, Philadelphia, and that he (Randol) lived some years with James Purvard, of Baltimore, but has since been several years to sea. He is about 22 years of age, 5 feet 2 inches high, stout made, yellow complexioned, has a scar on his right knee, and another on the forearm of his head. When committed he had on, a coarse linen shirt and trowsers, and blue round jacket, wears his hair queued and has been tattooed on his left arm. His owner (if he has any) is desired to prove property, pay charges and take him away, otherwise he will be disposed of as the law directs. DANL. C. BRENT, marshal of the district of Columbia. July 17—3tw.
Twenty Dollars Reward. STRAYED or stolen from the subscriber on the night of the 4th instant, two BAY HORSES, one a large bay six years old, one of his eyes appears to be injured, his tail bobbed very short. Shot all round; the other an old horse, with two white hind feet, several white saddle spots, has a switch tail which has been lately cut at the ends; the first accustomed to the carriage; trots & paces, the second made use of as a road horse, trots easy, but paces badly, very lately shot all round. As I am satisfied they have been stolen, I will double the reward, on conviction of the thief or thieves, and on getting the horses. DANIEL CARROLL of Dud'n, July 12—F&Wm.
In Council, Annapolis, May 16, 1805.
ORDERED, That the act to provide for the trial of facts in the several counties of this state, and to alter, change and abolish, all such parts of the constitution and form of government as relate to the general court and court of appeals, be published twice in each week for the space of three months in the Maryland Gazette at Annapolis; the American Telegraph and the Federal Gazette at Baltimore; the National Intelligencer; the Republican Advocate and Barrigis's paper at Frederick-Town; Greaves's paper at Hagerstown, and in Smith's and Cowan's paper at Easton. By order, NINIAN PINKNEY, Clerk.
AN ACT To provide for the trial of facts in the several counties of this state, and to alter, change and abolish, all such parts of the constitution and forms of government as relate to the general court and court of appeals.
BE IT enacted by the general assembly of Maryland, That this state shall be divided into six judicial districts in manner and form following to wit: St. Mary's, Charles and Prince George's counties, shall be the first district; Cecil, Kent, Queen Anne's and Talbot counties, shall be the second district; Calvert, Anne Arundel and Montgomery counties shall be the third district; Caroline, Dorchester, Somerset and Worcester counties, shall be the fourth district; Frederick, Washington and Allegany counties shall be the fifth district; Baltimore and Harford counties shall be the sixth district; and there shall be appointed, for each of the said judicial districts, three persons of integrity and found legal knowledge, residents of the state of Maryland, who shall previously to and during their acting as judges, reside in the district for which they shall respectively be appointed, one of whom shall be styled in the commission chief judge, and the other two associate judges, of the district for which they shall be appointed; and the chief judge, together with the two associate judges, shall compose the county courts in each respective district; and each judge shall hold his commission during good behavior, removable for misbehavior on conviction in a court of law, or shall be removed by the governor, upon the address of the general assembly, provided that two thirds of all the members of each house concur in such address; and the county courts, so as aforesaid established, shall have, hold and exercise, in the several counties of this state, all and every the powers authorities and jurisdictions, which the county courts of this state now have, use and exercise, and which shall be hereafter prescribed by law; and the said county court established by this act shall respectively hold their sessions in the several counties at such times and places as the legislature shall direct and appoint; and the salaries of the said judges shall not be diminished during the period of their continuance in office.
II. And be it enacted, That in any suit or action at law hereafter to be commenced or instituted in any county court of this state, the judges thereof, upon suggestion in writing by either of the parties thereto, supported by affidavit or other proper evidence, that a fair and impartial trial cannot be had in the county court of the county where such suit or action is depending, shall and may order and direct the record of their proceedings in such suit or action to be transmitted to the judges of any county court within the district for trial, and the judges of such county court, to whom the said record shall be transmitted, shall hear and determine the same in like manner as if such suit or action had been originally instituted therein; provided, nevertheless, that such suggestion shall be made as aforesaid before or during the term in which the issue or issues may be joined in the said suit or action; and provided also, that such further remedy may be provided by law, in the premises, as the legislature shall from time to time direct and enact.
III. And be it enacted, That if any party presented or indicted in any of the county courts of this state, shall suggest in writing to the court in which such prosecution is depending, that a fair and impartial trial cannot be had in such court, it shall and may be lawful for the said court to order and direct the record of their proceedings in the said prosecution to be transmitted to the judges of any adjoining county court for trial, and the judges of such adjoining county court shall hear and determine the same in the same manner as if such prosecution had been originally instituted therein; provided that such further and other remedy may be provided by law in the premises as the legislature may direct and enact.
IV. And be it enacted, That if the attorney general, or the prosecutor for the state, shall suggest in writing to any county court, before whom an indictment is or may be depending, that the state cannot have a fair and impartial trial in such court, it shall and may be lawful for the said court, in their discretion, to order and direct the record of their proceedings in the said prosecution to be transmitted to the judges of any adjoining county court for trial, and the judges of such county court shall hear and determine the same as if such prosecution had been originally instituted therein.
V. And be it enacted, That there shall be a court of appeals, and the same shall be composed of the chief judges of the several judicial districts of the state, which said court of appeals shall hold, use and exercise, all and singular the powers, authorities and jurisdictions, heretofore held, used and exercised, by the court of appeals of this state, and also the appellate jurisdiction heretofore used and exercised by the general court; and the said court of appeals hereby established, shall sit on the western and eastern shores for transacting and determining the business of the respective shores, at such times and places as the future legislature of this state shall direct and appoint, and any three of the said judges of the court of appeals shall form a quorum to hear and decide in all cases pending in said court and the judge who has given a decision in any case in the county court, shall withdraw from the bench upon the deciding of the same case, before the court of appeals; and the judges of the court of appeals may appoint the clerks of said court for the western and eastern shores respectively, who shall hold their appointments during good behavior, removable only for misbehavior on conviction in a court of law; and in case of death, resignation, disqualification or removal out of the state, or from their respective shores, of either of the said clerks in the vacation of the said court, the governor, with the advice of the council, may appoint and commission a fit and proper person to such vacant office, to hold the same until the next meeting of the said court; and all laws passed after this act shall take effect, shall be recorded in the office of the court of appeals of the western shore.
VI. And be it enacted, That all and every part of the constitution and form of government which relates to the court of appeals and the general court, or the judges thereof, or that is in any manner repugnant to, or inconsistent with, the provisions of this act, be and the same is hereby repealed, abrogated and annulled upon the confirmation hereof; provided, that nothing herein contained shall be construed so as to authorize the removal of the clerks of the respective county courts being in commission at the time of the passing of this act, in any other mode or manner than that prescribed by the constitution and form of government.
VII. And be it enacted, That if this act shall be confirmed by the general assembly, after the next election of delegates, in the first session after such new election, as the constitution and form of government directs, that in such case this act, and the alterations and amendments of the constitution and form of government therein contained, shall be taken and considered, and shall constitute and be valid, as a part of the said constitution and form of government, to all intents and purposes, any thing in the said constitution and form of government to the contrary, notwithstanding. May 31—2aw3m
To be Sold, Or exchanged for other property in the City, or its vicinity. TWO valuable and contiguous TRACTS of LAND in the state of Kentucky, the one containing 680 acres, and the other 625 acres, by late survey. They are under old and indisputable titles of more than twenty years, and situate in a populous county, adjoining flourishing settlements. All taxes thereon have been duly paid. Apply to the subscriber, JOHN BECKLEY. City of Washington, July 17—cpam
BOOT-MAKING. JOHN MINCHIN, boot maker, from Philadelphia, respectfully acquaints his friends, former customers, and the public, that he has recommenced his business in all its various branches, at his established stand, where he will thankfully receive all orders in his line, which he will endeavor to execute with punctuality and satisfaction. He has on hand gentlemen's boots of all kinds, dress and strong shoes.—Wanted, a number of men to make strong shoes, and a few boot men.—Also two apprentices to the above business. New Jersey Avenue, July 17—cpis.
TO BE SOLD, AT PUBLIC VENDUE, At Gadsby's Hotel, in Alexandria, on Monday the 16th day of September, at 12 o'clock at noon. ALL that TRACT of LAND late Presley Thornton, Esquire's, situated in Northumberland county, Virginia, lying immediately on the Potomac river. The following description is given of this property by persons well acquainted with it. It contains 2,500 acres, 2,700 acres of which are the most valuable low grounds on the river, between 3 and 400 acres heavily timbered, and the remainder very high land extremely productive. The soil of this tract is equal to any in the state for the cultivation of corn, wheat, tobacco, timothy, and small grain of all kinds. On this tract are a large commodious Brick Mansion House and two Offices, a large Brick Stable, valuable Barn, Cow House, and many other out houses. The Orchards and Garden contain a variety of valuable fruit trees, and the waters abound with excellent fish and oysters. It is situated about a day's sail from Baltimore Alexandria and Norfolk. There are two good mill seats for grist and saw mills on the estate, and plenty of cedar and chestnut timber, for which an excellent market may be found at the city of Washington. The terms of sale are—one fourth cash, fourth in one year, one fourth in 18 months, and the residue in two years from the day of sale. The payments to be secured by bonds, with mortgages on the premises, and to be on interest from the day of sale. For further information, application may be made in behalf of the subscriber, Thomas Robinson, to Richard Peters, jun. attorney at law in the city of Philadelphia, or to William Lewis, in the same city, (Philadelphia.) THOMAS ROBINSON, W. LEWIS. June 19—eptSep.16
Ten Dollars Reward. WAS missed on Sunday, the 5th of May a double cased silver Watch, maker's name Crosthwaite, Dublin, and in the outer case was a watch paper with Mr. Parker's name of Philadelphia.—Whoever will bring the said watch to the office of the National Intelligencer, shall receive the above reward, and no questions will be asked. May 10—2t
STELLE'S HOTEL & CITY TAVERN.
THE Subscriber takes this method of thanking his friends and the public for their favors whilst on the Capitol Square and begs leave to acquaint them that having purchased and now occupying the tavern, late Tunnicliff's hotel; which he has commenced enlarging and improving—he respectfully solicits a continuance of the patronage of his friends and the public, assuring them that 'tis his full determination to fit up his present hotel, and so to conduct it, as to merit, he hopes, the preference of the public travelling, as well as these coming to the permanent seat of the Government of our Land of Liberty. PONTIUS D. STELLE. Washington City, March 25—tf
PUBLIC SALE.
IN virtue of an order issued from the honor. court of Calvert county, will be offered at public sale, on the 28th day of August next, (if fair, if not, the first fair day thereafter) at the late mansion of Benjamin Ward, deceased, at the hour of 12 o'clock, a valuable plantation, containing 184 acres of Land, lying on the Chesapeake Bay, in Calvert county. The improvements are a small dwelling house, kitchen, tobacco house, corn house, and other out houses; a large orchard of fine fruit. This fertile spot has every advantage, it abounds in heavy timber, and has a great proportion of rich low ground, capable of being made into meadow at a very trifling expense. The soil is extremely rich—tobacco, wheat, rye, and Indian corn, grow with little labour—the neighbourhood affords a society of very genteel and friendly people—places of worship surround it—convenient to mills, and a ware house for the inspection of tobacco within two miles of the premises. This Land will be laid off in small parcels, or sold all together, as may best suit purchasers.—Bond with approved security will be required, carrying interest from the day of sale, payable in two equal payments, the first in 12, and the last in 18 months from the day of sale. WM. M. CARCAUD, DAVID L. WREMS, CHAS. WILLIAMSON, Commissioners. July 3—cp8w
On a liberal credit. THE subscriber will dispose of at private sale, his estate called Chichester, lying on the eastern branch, immediately on the city of Washington. This tract of land containing 697 acres is laid off in lots from 83 to 144 acres for the convenience of purchasers. Plats of the estate and the terms of sale are in the hands of colonel Hanson at the navy yard, and Charles Wayman of George Town. The lots will be shown by Mr. Wedden, living on the premises, near the Eastern Branch bridge. ANTHONY ADDISON. Barnaby, 12th June 1805—tf
Fifty Dollars Reward.
RANAWAY on the 9th inst. from the subscriber's farm near Frederick Town, (Maryland) a dark mulatto fellow named MOSES, But commonly called LANHAM. He was raised near Piscataway and sold by a Mr. Burrets to the late James Marshall, deceased, of Frederick county. Lanham is about thirty years of age, nearly six feet high, stout and very active, fond of spirituous liquors, has been accustomed to working aboard shipping, likewise in a brick yard and is well acquainted with the management of horses and with the ferrying business; he is a very artful fellow, and I expect he has obtained a pass and will pass under the name of Samuel Beall. He had on and took with him an osnaburg shirt & trowsers, a blue cloth coat with a black silk velvet cape bound with silk ferretting, a black fur hat nearly new, a pair of shoes nearly new, an old dark furout coat, with sundry other clothing not recollected; he has a scar under one of his eyes but it is not recollected which, somewhat hard of hearing and round shouldered. From his acquaintance in the city of Washington I suppose he has made for that place or some other seaport. Whoever takes up and secures said fellow in any jail so that I get him again shall receive if taken ten miles from home eight dollars, if twenty miles fifteen dollars, if thirty miles twenty dollars, if fifty miles thirty dollars, and if a greater distance the above reward with all reasonable charges if brought home. JOHN L. HARDING. N. B. Masters of vessels and others are cautioned against harboring said runaway at their peril. July 26—1m
ADAM KING, & Co. AT their wine store in High Street George Town, have in addition to their stock of old wines, laid in a large and general assortment of all kinds of Liquors and Groceries suitable to the present season; where bills of any description, in their line, will constantly be filled up on the shortest notice and they flatter themselves, from the quality of their wines, &c. they will be able to give general satisfaction to all those who may think proper to favor them with a call—where all kind of commission business as usual will be attended to with the utmost attention. George Town, November 5—tf
CHARLES H. VARDEN, MERCHANT TAILOR. Has received from Philadelphia a handsome assortment of FALL goods, consisting of the best London and French superfine cloths, cassimere, patent Benner's cord, toillettes, fancy and white Marfeilles, black and figured silk, molekins, fancy silk, Marfeilles, constitution cords, velvets, Canon cord, silk and fustian Florentines, superfine coating, knapped cloths, with a variety of other articles suitable for the winter season. N. B. Ladies habits, regimentals, and navy uniforms made in the first style of fashion. New Jersey avenue near the Capitol, December 10—2t