The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1805-07-10 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. V.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. DCCXLI.
FIVE DOLLARS PER ANNUM.
WEDNESDAY, JULY 10, 1805.
PAID IN ADVANCE.
A LIST of Letters remaining in the Post Office at Washington City, on the first day of July, 1805.
A: George Ackel, Mrs. Lucy Aldison, Mr. William Arms. B: Mrs. Sarah M. Biscoe, Miss Eliza Baker...
C: Mr. George Carlton, Mr. Alexander Chereau, Mr. P. Carter, Mr. John Cherry...
D: Mr. David Dean, Mr. Daniel Dove, Miss Margaret Davies, Mrs. Eliza Dempsey...
E: Miss Polly Elvin, 2, Mr. William Evans.
F: Richard Forest, esq. General James Findlay, — Esquire, esq. Mr. Jonathan Foster, Miss Eliza R. Fenwick.
G: Mr. Thomas Gibson, Isaac Garretson, esq. Mrs. Deborah Gardner, Matthew Grennon, William Greene, Sarah Gaghan.
H: Doctor George Hunter, Miss Mary Horan, Mr. Roger Healy, Mr. Miles Hill.
I: Isaac L. Jones, Charles Jonett, esq. Mr. Archibald G. Johnston.
K: Mr. George King, John Kalb, Mr. M. James Key, Mr. Josiah W. King.
L: Mr. Henry Ladd, Mr. John Loyd, Mr. M. John Lester, Mr. Isaac Lewis, Milley Linnax, 3. Mr. George Leggat...
M: Jacob Myers, esq. Mr. Samuel M'Ginnis, Mr. William M'Gill, 3. Mr. Thomas M'Cann, 2. John I. Murray...
N: Mr. John I. Naylor.
O: Mr. Richard O'Ryan, 2, Robert O'Reily, Daniel Olcott, esq. Mr. James Ownes, Benjamin Odell, esq.
P: Peter B. Porter, esq. 3, Mr. Thomas Paine, Nathaniel Pendleton, esq. Mrs. Peggy B. Paxton, Mr. Thomas Peck...
Q: Mr. Henry M. Queen.
R: Mr. James Rutledge, 2, Mr. Richard Russell, Mr. John Ralph, junr. Mr. Silas Ritton.
S: William Slade, Mr. Thomas V. Sweeney, Mr. Robert S. Smith, James or Thomas Smith, Walter Swann...
T: Mrs. Anna Thornton, Miss Esther Toney, Mr. John Townshend, Mr. Rudolph Teiser.
W: Mr. Robert Wright, Mr. John Wood, Mr. Josiah Whinnery, 2, Mr. James P. Wilmer, 2.
Y: Moses Young, esq. Noble Young.
Z: Mr. Peter Zibold.
Ten Dollars Reward.
WAS missed on Sunday, the 5th of May a double cased silver Watch, maker's name...
STELLE'S HOTEL & CITY TAVERN.
THE Subscriber takes this method of thanking his friends and the public for their favors...
PONTIUS D. STELLE, Washington City, March 25—tf
ADAM KING, & Co.
AT their wine Store in High Street George Town, have in addition to their stock of old wines...
George Town, November 5—tf
Traveller's Hall.
THE subscriber tenders his sincere thanks to his friends for the very liberal encouragement...
R. BRADLEY, Lexington, Kentucky, March 11. 1805.
N. B. A flagrant case from the TRAVELLER'S HALL to the Olympian Springs...
March 27—ep3m.
By virtue of a decree from
the Court of Chancery, the subscriber will sell at public auction on the 10th day of July next...
This property is sold for the payment of the debts of the deceased; all persons who have claims...
ROBERT BOWIE, trustee. May 29—ept July 10
Bailey Washington,
IN the house formerly occupied by Mrs. Osborn, New Jersey Avenue, near the CARROLL...
Superfine and second do. broad cloths, do. striped silk & fancy do. Cotton horsemans, do. pantaloon do. Yellow, bus, and mixed nankeens, do. Women's colored and white silk do. BROWN HOLLANDS AND ROUND DOWNYS, do. black & white cotton do. 4 & 4 & 7.8 Irish linens, do. satin beaver mits and gloves, 4 & 4 & 6.4 colored mits, do. white, black silk & kid do. 4 & 4 & 6.4 white do. do. picknick silk mits, 4.4 Chambery do. do. Men's white & brown thread gloves, 4.4 & 6.4 tambored muffs & shawls, do. Beaver and white kid do. 5.4 & 6.4 striped do. do. white & black silk do. Bandanas, linen, and cotton handkerchiefs, do. Dimities, do. Women's kid shoes, do. black Morocco and leather do. Court & fine hats, do. Men's white & black silk stockings, do. do. raw do. do. do. brown thread and do. ALSO— Crockery, Hardware and Cutlery. Segars by the box S. gas, Peas, etc. etc. etc. June 26—tf.
IMPEACHMENT OF JUDGE CHASE.
FRIDAY FEBRUARY 22, 1805.
(Mr. Lee's speech, continued)
Let us now examine whether judge Chase, in issuing a capias against Callender after he had been presented for an offence not capital, has been guilty of a high crime or high misdemeanor in office.
In order that the honorable court may not have the least difficulty on this subject, I will undertake to show that the learned judge acted, in this instance, strictly according to law, and if this be shown, there will remain no foundation for the present charge.
It is well established as a general rule of jurisprudence, that a court which has jurisdiction over an offence, may award process concerning it, and compel the party to appear.
I know no process by which a person can be apprehended except by a capias. In the present trial we have heard of a bench warrant, but that too is a capias awarded by a judge sitting in court.
A capias, therefore, in the case of Callender, was the proper process, according to common law principles, and the English authorities of modern date.
If any doubt can yet remain as to the propriety of issuing the capias, it will be entirely removed by attending to the words of the act to establish the judicial courts of the United States;
to its necessary for the exercise of their jurisdiction, and agreeably to the principles and usage of law, and the 11th sec. of the same act gives exclusive cognizance of all crimes and offences cognizable under the authority of the United States to the circuit courts...
The 331 sec. of the same statute contains a great deal of important matter in regard to the present enquiry. That for any crime or offence against the United States, the offender may, by any justice or judge of the U. States, or by any justice of the peace, or other magistrate of any of the United States where he may be found, agreeably to the usual mode of process against offenders in such state, and at the instance of the United States, be arrested, and imprisoned or bailed, as the case may be, for trial before such court of the U. States...
Here it is expressly authorized that a judge of the circuit court may order a process for the arrest of the accused for any crime or offence against the United States, agreeably to the usual mode of process of arrest against offenders in the state where the court is held, and the offence committed.
There is another statute of Congress on the subject of process, which passed on the second of March, 1793. It contains eight sections, and relates as well to criminal as civil matters. The seventh section is in the words following, "that it shall be lawful for the several courts of the United States, from time to time, as occasion may require, to make rules and orders for their respective courts, directing the returning of writs and process, the filing of declarations and other pleadings, the taking of rules, the entering up judgment by default, and other matters in the vacation, and otherwise in a manner not repugnant to the laws of the United States, to regulate the practice of the said courts respectively, as shall be fit and necessary for the advancement of justice, and especially to that end to prevent delays in proceedings."
I know not what language can convey a more complete power to the court over its process, than is given by the passages from the statutes which have been cited. An uniform rule in the courts of the U. States is very desirable, that offenders and criminals may be brought to trial by the like forms in every state, for violations of the statutes of Congress.
ought not to be given to the statute of Congress, which admits of such a system, if it may possibly be avoided. Shall it be said that in one state a man who publishes a libel shall be arrested immediately, and brought to trial and punished, while in another state another person who has committed the same offence, shall be served with a process that shall be notice to him to make his escape...
This can be further illustrated by attention to the laws of Congress indicating punishment upon certain crimes passed in the year 1790: for piracy, for bribery, for obfuscation by force the service of legal process, for importing slaves from foreign ports, for violence to an ambassador, and for other offences relative to ambassadors, the punishment is fine and imprisonment.
Suppose in regard to an ambassador who has applied to our secretary of state for the punishment of an individual, who may have done violence to his person or to one of his family, that a summons shall have been issued to the offender who should abscond or remove himself. It would be deemed very strange, perhaps incredible to the ambassador, if he should be told by our secretary of state, that the offence being committed in Virginia, it was necessary to summon the party to appear before the court, and instead of obeying the summons he had removed himself entirely, but if the same matter had been prosecuted in Maryland, the offender might have been instantly arrested and punished; the President of the United States regretted that the offender had escaped with impunity, but the escape was according to law.
On a former occasion I read a rule of the supreme court, made in August 1792, by which the judges declared, that they considered the practice of the courts of king's bench in England, as affording outlines for the present court, and that they will from time to time make such alterations therein as circumstances may render necessary; and on the same occasion reference was had to the practice of the king's bench to show that a capias was a proper and usual process.
It is a known and undisputed maxim, that the criminal code of each sovereign state furnishes the rule in prosecutions in the state courts, and is confined to offences against such state. An offence against the commonwealth of Virginia, is not an offence against the U. States; and therefore the laws of Virginia which regard offences against itself, will have no effect touching offences against the United States, unless Congress by their express statute has given to them force effect.

and vice versa who presided in the high court of that state for a long space of time, a man judge Pendleton, laid it down as too clear to be disputed, that the power of the federal judiciary should be co-extensive with the powers of the federal legislature. In this opinion, Mr. Geo. Mason concurred with that gentleman, although he was opposed to him on almost every other. Of the same opinion was another distinguished member of the convention, who now holds the high office of secretary of state. (3d vol. Virginia debates, pages 108, 121, 190.)
Unless then Congress has made the laws of each state the rules of process to bring offenders before the circuit courts, those laws do not bind the circuit courts in this respect, and there will be no foundation for the doctrine, that a circuit court of the United States ought to be governed by the laws of a state in respect to process to bring the party to answer. Where is such a statute of Congress? Not in their statutes, as I humbly conceive none such has been produced.
The honorable managers have referred to the 34th section of the statute already mentioned, and upon that alone they rely. The words of the section are as follows: "And be it further enacted, That the laws of the several states, except where the constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply." We are to take the whole expression of the section together, and this section is to be considered conjointly with all the other provisions of the statute. It makes the laws of a state the rules of decision in trials at common law where they apply. The laws of a state are to be rules of decision in trials. The process which is awarded to bring in a party to stand his trial, is obviously different from the trial itself: rules of decision in trials, are not rules of process antecedent to the appearance of the party. What is a trial at common law? A trial may be said to begin with impanelling a jury, and to end with the judgment of the court: 4 Black. 352. A capias that is issued for the purpose of bringing the party to a trial by arresting his person, cannot therefore be deemed a part of the trial itself. Whether the traverser appears with or without process, is seldom deemed material; it is only after he is brought to answer that his trial can commence.
If the construction contended for by the managers be admitted, it will make this section militate against the 14th and 33d sections of the same statute, which expressly provide upon the subject of process. Besides, it is unnecessary to give this construction, inasmuch as the statute provides ample respecting the steps preparatory to the trial. The 29th section regulates the mode of summoning a jury. There is no defect in the provisions of the statute which establishes one system that is to prevail every where, in regard to matters prior to the trial. Why would Congress provide, in respect to process, as they have done in the 14th and 33d sections, if they meant to adopt the various laws of each state in regard to process, as has been contended by the managers? Congress has declared what kind of process may be used in the circuit courts, and that process of arrest may be used. Our construction is warranted by the rule of the supreme court that has been quoted, which rule was made long after the statute of 1789, and which statute is as obligatory on the supreme court as upon a circuit court. It is also warranted by the judgment of the circuit court in Pennsylvania dist. in the case of the United States against the insurgents, determined in the year 1795, before the respondent was elevated to the bench of the supreme court (2 Dal. 340, 341).
In giving his opinion on the 34th section of the statute, judge Peters observes, "although in ordinary cases it would be well to accommodate our practice with that of the state, yet the judiciary of the U. States should not be fettered and controlled in its operations, by a strict adherence to state regulations and practice. As to the clause in the law of the United States, directing that 'the laws of the states (with great exceptions) shall be regarded as rules of decision in trials at common law in the courts of the United States,' I do not think it applies to the case before us."
In conformity to the rule of the supreme court and the authority of the case just cited, judge Chase determined that the laws of the state of Virginia, which require a summons to be issued in cases of the commonwealth, did not apply to the court of the United States. Why, let me again ask, should this section receive the construction contended for by the hon. managers? It has been shown that the laws of the United States provide fully in regard to the process to be issued by their courts; that for the furtherance of justice, such a construction is neither necessary nor convenient, and is inconsistent with
other parts of the same statute. It was therefore perfectly correct in the court to bestow no attention upon the laws of Virginia concerning the process to be awarded against Callender. When a presentment was found by the grand jury, it was the duty of the court to act; it was their duty to award a proper process for arresting the offender. This is not only warranted by the principles and reasons already adduced, but is inferable from various passages of the laws of Congress, particularly from the 19th and 20th sections of the statute passed 30th April, 1790, 1 vol. pa. 108.
The learned counsel who defended Callender, appear from the testimony to have taken up some improper opinions relative to the criminal code of the U. States. The subject was, as they say, new to them, and for this reason let me remark, they might readily have fallen into error. It appears that they not only thought it was competent for a jury to decide upon the constitutionality of a law, but also that it belonged to the jury to pass the fine upon the traverser, because a jury has that power by the laws of the state in respect to offences against the state. In the like manner it is erroneously said in the present prosecution, that the laws of the several states in respect to process, are the rules which should guide the circuit courts of the United States.
I have, sir, endeavored to show in the first place, that there is no charge of criminality stated in the fifth article of impeachment, and therefore the respondent ought to be acquitted. And, in the second place, I have endeavored to satisfy this hon. court, that the act stated in the article to have been done by judge Chase, was correct and legal in itself, and if legal, there remains no ground to presume or infer the smallest degree of evil intention. In this point of view he will also stand acquitted. (To be continued.)
PUBLIC SCHOOLS.
The Contributors to a permanent Institution for the education of youth in the city of Washington, are notified to attend at MYERS's tavern, on the Pennsylvania Avenue, on Monday the 15th day of July, for the purpose of electing six trustees.
The Act of the Council establishing the aforesaid Institution provides "that the individuals who shall have contributed ten dollars or upwards, shall, in person or by proxy, elect six trustees, to hold their appointments for one year," and that "each contributor shall have as many votes as he shall have contributed sums of ten dollars."
The election will be opened at 10 A. M. and continue open till 2 P. M. when it will be closed until 4 P. M. and from that hour remain open until 7 P. M.
NICHOLAS KING, SAMUEL H. SMITH, GEORGE BLAGDEN.
ANNAPOLIS, JUNE 22, 1805.
I WILL give a reward of Fifty Dollars for apprehending and securing in any jail so that I get him again, Negro BETTER, a man of about 33 years of age, 5 feet 8 or 9 inches high, yellowish complexion, has a very remarkable look out of his eyes, being obliged to elevate his head to look a person in the face, his clothes have no doubt been exchanged before this, as he is a remarkable artful fellow, and a great rogue. He left my plantation near Nottingham, in Prince Georges county, the first of March, and when last heard of was at Mr. Sewall's quarter, in St. Mary's county, about three weeks ago; a Lad whom he carried off with him was there, apprehended passing as a freeman under a false name, as I suppose he passes—from the route he has taken it is probable he will attempt to effect his escape in some vessel from that part of the state—I therefore forwarn all masters of vessels from taking him off.
ROBT. BOWIE.
June 26—tf.
CHARLES H. VARDEN, MERCHANT TAYLOR.
Has received from Philadelphia a handsome assortment of FALL goods, consisting of the best London and French superfine cloths, cassimeres, patent Bennet's cord, toilettes, fancy and white Marseilles, black and figured silk, moleskins, fancy silk, Marseilles, constitution cords, velvets, Genoa cord, silk and fustian, Florentine superfine coating, snapped 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—tf.
R A G S.
The highest price, in Cash or Books, will be given for any quantity of clean Linen and Cotton Rags, by Rapine, Conrad and Co. Capitol Hill. June 24—
RAGS.
THE highest price CASH, given for clean RAGS, by EDGAR PATTERSON, George town, and SAMUEL STETTINIUS, near the Centre market, Washington. March 8—tf.
Foreign Intelligence.
PARIS, MAY 21.
Scarcely seated on the throne of Italy, the Emperor Napoleon hastened to make known this event to the Emperor of Germany, King of Prussia and to the King of Spain; he has received from all replies equally satisfactory; these three great powers as well as all the electors of the Germanic Body, the Regent of Portugal and the Queen of Etruria have acknowledged the new organisation of Italy.
The war with England may still last for a long time, but we firmly believe that the continental peace will not be disturbed, since the Emperor of Germany, the King of Prussia and the King of Spain are in concord with the Emperor of the French. Well informed men affirm that Russia has given pacific councils to England.
Prince Joseph Bonaparte arrived at Ambleteuse on the 15th inst. from Boulogne.
HAGUE, MAY 10.
Mr. Batangier, ci-devant commissary-general of the Batavian government at Surinam, was arrested last Wednesday by order of the high military court. It is presumed he will be confronted, before this tribunal, with the commandant Batenburg, who capitulated with the enemy for the surrender of the colony of Surinam. Mr. Saufier, ci-devant governor of Curacoa, who delivered up that colony by capitulation to the enemy in 1797, took the oath of allegiance to his Britannic Majesty, and remained in his service in the quality of governor of the same colony, is also arrested, and is to be tried before the high military court.
MADRID, April 18.
We learn from Algiers, that on the 18th ult. the Dey, about 10 o'clock in morning, being seated on a stone, near the fortification, about two miles from the city, and quite alone, was attacked by four well-armed Turks. He was fired upon twice, and received ten wounds from their sabres, by which he lost two fingers of his left hand. The assassins have been apprehended. The Dey was conveyed to his palace. He is at present out of danger. One of the balls fortunately fell upon a purse which the Dey had in a pocket covering his left breast. This attempt to murder the Dey is ascribed to the dearth of all sorts of provision, and which he had neglected to remedy.
London, May 18.
Dispatches from lord Gardner reached the admiralty at an early hour this morning. They were brought to Plymouth on Thursday, by the Niobe frigate after a run of only seventeen hours. When the Niobe left the fleet, all the enemy's ships in Brest water, amounting to 25 sail of the line, were standing out for sea. The signal for general action had been made by lord Gardner, and the line was formed in two divisions. His lordship had with him 17 sail.
Immediately after the arrival of the Niobe, the Neptune, of 92 guns, sailed for Brest; and rear admiral Collingwood, with the squadron under his command in Cawsand Bay, consisting of 7 sail of the line, was making every exertion to join lord Gardner.
[Traveller.]
For some time before the Niobe sailed for England, an unusual degree of activity was observed among the shipping in Brest harbor; and as one of our in shore squadron had made the signal of the enemy's fleet being in motion, two of the fastest sailing transports were dispatched with the intelligence, with orders to make the first port they could. They made Falmouth on Tuesday evening, and the dispatches with which they were charged reached government last night. ibid.
Letters have been received from on board the victory, 100 guns, lord Nelson's flag ship, which state, that when the account of the first sailing of the Toulon fleet was received, his lordship went up as high as Aboukir; he then returned through the Faro of Messina. When the boats landed at Aboukir, the English found the town deserted, the inhabitants supposing the fleet to be a French fleet. The fortifications, erected only three years ago, have been suffered to crumble to pieces.
In the British House of Lords, May 15, the earl of Suffolk gave notice, that he should on the 29th, submit a motion relative to the state of Ireland.
In the British House of Commons on the 16th of May, Mr. Grey intimated a wish that some communication might be made to the house, respecting the negotiations alluded to in his majesty's speech at the commencement of the sessions.
Mr. Pitt said, that when his majesty's government should feel themselves warranted to advise his majesty to make any communication to the house, they would do it.—But the negotiation was now in such a state as not to admit of any distinct answer to the hon. gentleman's question that might amount to any certainty.
Mr. Fox asked the right hon. gentleman, if there was any hope.
Mr. Pitt said it was impossible to state any thing on the subject decisively.
Our assurance, in opposition to most of the daily papers, that no treaty of alliance, offensive & defensive exists between our court and that of St. Petersburg, is confirmed by the conversation which occurred yesterday in the House of Commons between Mr. Grey, Mr. Fox and Mr. Pitt. [Traveller.]
The complete defeat of the Ottoman army in Egypt has been communicated in official dispatches of Feb. 5, transmitted to Constantinople. The immediate consequence of the victory was a capitulation signed by Houschid Pacha, the Turkish governor of Egypt, surrendering to the Bey the possession of Cairo.
LONDON, May 1
Yesterday, in the House of Commons, Sir William Rawlins, and Mr. Alston Cox, sheriffs of London, were put to bar for the purpose of being reprimanded and discharged. The speaker addressed them, and observed, that they had undergone an ignominious punishment, in consequence of their misconduct on the Middlesex election, of which they were Returning Officers. He then recited that part of the report of the select committee which charged them with corruptly giving a colorable majority to Sir F. Burdett. He observed that they had been confined in a prison the receptacle for common malefactors, over which they had had control. Thus they had furnished a memorable example to others, not to be guilty of similar misconduct. They were now humbled, and in consequence of the prayer of their petition, and showing contrition for their offence, they were discharged on paying their fees. They then retired.
May 25.
Upon the discussion of the Earl of Darnley's motion yesterday in the House of Peers, for a committee to take into consideration the papers laid before the house, relative to the state of the navy, lord Melville spoke at considerable length against the motion. He took an ample view of the administration of the naval department during the time he held the office of first lord of the admiralty, and during the period it was possessed by earl St. Vincent. In reply to the speech of the earl of Suffolk, in which the latter had alluded to the depredations of the French in the West Indies, lord Melville asserted that there had been no delay whatever in detaching a sufficient number of ships in pursuit of the Rochefort squadron. That squadron had failed from Rochefort full 12 days before it was known to any of the commanders upon any of the stations.—On the 14th day the intelligence was communicated to him, and on the next morning he transmitted those orders, in consequence of which Admiral Cochrane failed for the West Indies.
The marriage of Jerome Bonaparte, according to private letters from Paris, has been annulled by the Pope, upon the double motive of the husband being a minor, and the wife a heretic.
The Amsterdam Gazette, under the head of Paris, states, that Lucien Bonaparte will be appointed Viceroy of Italy. The residence of the king of Italy will, it is said, be fixed at Rome, and the Papal See be removed from Rome to Avignon.
DOVER, May 24.
The following information of the state of the enemy's flotilla, was given by an officer of a ship taken by the Bold gunbrig, and brought in here—he says there are about 3000 of their craft at Bologna, 800 of which are armed, the others are merely transports for troops, stores, &c. There are nearly 1000 at Eltaples, and about 600 at Vimereux, and 400 at Dunkirk, Ostend and Calais. The troops are in small camps, about 8000 at Bologna, the same number about Calais, Vimereux, Etaples, and some other camps a little inland, in all about 50,000 men. He seems very confident that the attempt will be made this summer; he says the combined fleet, 60 sail of the line, will fight our fleet (Balayer la Manche), while the large frigates will come up the channel to convoy the flotilla over, the troops are stated to be very eager to come, and entertain the most sanguine hopes of success, they are waiting very impatiently for the appearance of the ships to set them free, and great reliance is placed on the genius of Bonaparte.
MADAME JEROME BONAPARTE.
Deal, May 19.
Arrived this afternoon, the ship Erin, of and from Baltimore, having on board madame Bonaparte (late Miss Patterson.) The ship first put into Lisbon, and there landed Jerome, who immediately went off for Paris, ordering the vessel to proceed to Amsterdam, from whence he intended to have conveyed his wife to Paris, thinking, by the time the ship arrived at that place, he should have obtained the requisite leave from his brother; but on the ship's arrival in
the Texel, madame Bonaparte was prevented from going on shore. Madame Bonaparte is attended by her brother, Mr. Patterson, and a female companion. There is also a lu geon on board. The reason of the ship coming into an English port is, that madame Bonaparte is very far advanced in pregnancy, her brother did not think it safe for her to proceed to Baltimore in such a situation. The captain of the ship informs me, that he remained in the Texel a week, and his vessel was placed during that time between a 64 gun ship and a frigate, and row guard boats were kept about the ship during the night. The Dutch admiral behaved with the greatest civility, and very frequently sent provisions from his own table on board. He left the Texel on Friday, at which time there were laying there ready for sea five ships of the line, and a great number of transports, which the captain thinks had no troops on board.
Extract of a letter from Dover, May 21.
"This day, about half past 2 o'clock, the beautiful madame Jerome Bonaparte received the visit of the most conspicuous persons, both ladies and gentlemen, at this place. Her style and behavior on this occasion displayed an unassisted elegance and dignified composure, which entirely confirmed the favorable impression, which, on her first landing was immediately made. She was dressed with great simplicity and modesty; on her head she wore no ornament but her hair, seeming to trust completely to that nature, which had, to her, been so bountiful. The company remained a considerable time, each appearing to vie in the offer of attentions. Among many distinguished persons, lady Forbes, the honorable gen. Hope, Mr. Skobellington, &c. &c. were particularly noticed."
May 22.
"Madame Jerome Bonaparte has this day experienced a continuation of attentions from the chief inhabitants, the military, &c. The time of her residence here is not yet determined."
DUBLIN, May 15.
An express arrived in town this day from Cork, with the important intelligence that a frigate has arrived there with dispatches from Lord Nelson to the Port Admiral, stating that his lordship was approaching the Irish coast in consequence of his having ascertained that the French and Spanish squadrons were destined to attack this country. Upon this intelligence being received at Cork, two regiments which had embarked there for foreign service were instantly re-landed.
May 22.
No farther intelligence has been received from any of our fleets; of course the general conversation has nothing but conjectures to rest upon. Lord Nelson, it is supposed, is by this time cruising off Cadiz, watching the motions of the combined fleets, and waiting for reinforcements; but it is the opinion of many, that all we have heard of the return of the enemy into Cadiz, has been founded on some mistake, and that they are still pursuing their original destination, whatever that may be. On that point, opinions still continue much divided. The East Indies, the West Indies, the Brazils, and Ireland, are still insisted on with obstinacy, which only goes to prove that we are in complete ignorance of the plans of the enemy.
VIENNA, May 8.
A courier arrived here yesterday from St. Petersburg, whose dispatches contradict the report that a treaty of alliance has been concluded between England and Russia.
CONSTANTINOPLE, April 18.
Since the departure of the French Ambassador Marshal Brune, there has been no official communication between the French Chargé d'Affaires and the Sublime Porte.
HAMBURGH, May 14.
The king of Prussia, a few days ago, transmitted the Insignia of the French Order of the Legion of Honor to the reigning Duke of Brunswick. His Serene highness, however, instantly returned them, with a letter to his Prussian Majesty, expressing his obligations for this intended additional mark of his Majesty's favor, but begging leave to decline accepting it, because in his quality of knight of the most noble and ancient order of the garter, he was prevented from receiving any badge of chivalry instituted by a power at war with the sovereign of that order. This spirited conduct of the duke is highly praised in every part of Germany and is contrasted with that of the Elector of Hesse Cassel, who, though also a knight of the garter, has not disdained to become a member of the legion of honor. The emperor of Germany, the moment he was apprised that the French Ambassador at Vienna had orders to present the Insignia of the legion of honor to his brother, the Archdukes Charles and Ferdinand, created them knights of the golden fleece, by which they are prevented from accepting any order of a more recent origin.

WASHINGTON CITY.
WEDNESDAY, JULY 10.
So far as we have received accounts, the Anniversary of American Independence appears to have been celebrated with more than usual distinction. In New York, Philadelphia, Baltimore, Wilmington, Alexandria, Fredericksburg, Town, Richmond and Petersburg numerous parties have been formed, in which toasts and sentiments, truly republican & well-imagined, have, for the most part, been given. We regret our inability to give many of these festive proceedings in detail. So far, however, as the claims of other objects will admit, they shall be inserted.
DIED on Saturday last, General FORREST, Clerk of the Circuit Court of this district.
Extract of a letter from a merchant in Antigua to another in Philadelphia, dated June 17.
The constant alarm we have been in, since the Rochefort squadron, and since the Toulon fleet, has put a stop to every kind of business, as we were obliged to send all our books, papers and valuables into the country. The arrival of Admiral Cochrane occasioned the Rochefort squadron to quit these islands; and the arrival of Lord Nelson with ten sail of the line has driven away Admiral Villeneuve with 21. Although not attacked, we suffered more than the other islands, as our homeward convoy failed from hence on the 8th, and were all captured on the 9th by the combined squadron. Lord Nelson arrived on the 12th and failed the 13th, in pursuit of them. Notwithstanding the odds the French fleet is so badly manned, that his lordship will venture to attack them. We suppose our captured ships will be sent to Porto Rico.
Capt. Newson, of the sch'r Aspasia, who arrived yesterday in 18 days from Port Royal, Mart. informs us, that on the morning of the 16th June, he passed in sight of Antigua, saw the British flag flying, but could not discover any thing of the French fleet. Nothing had been heard from the combined squadron since they left Martinique. A British fleet of 12 sail of the line were said to be expected to have arrived in the West Indies. No particulars of the fact could be obtained.
From the Nassau Gazette of June 18.
You will be pleased to publish in the Royal Gazette, the enclosed letter from the right honorable earl Camden, one of his majesty's principal secretaries of state, to his excellency governor Gage.
I am, Sir, Your most obedient servant. JOHN MCCARTNEY, D.C.C. Council Chamber, June 14, 1805. Mr. Robt. Wilson, proprietor of the Royal Gazette.
Downing-street, 16th Jan. 1805. SIR,
In addition to the direction contained in my letter to you of the 5th Sept. respecting the caution to be used in opening the ports within your government, for the admission of articles from the United States of America, which are not allowed to be imported by law, I am commanded to signify to you, his majesty's further pleasure, that you do not on any account, or at any time, suffer any gin, brandy, or other liquors, East India goods, or any other articles whatever, except lumber and provisions, to be admitted from the United States in American bottoms, into the islands under your government.
You are to be particularly careful that the several articles of provisions to be in such case admitted, be specified in the proclamation you may issue for that purpose, and you are not to extend the permission to any articles but those which cannot be supplied by the mother country, or the British Colonies in North America; and in case any such articles (except lumber and provisions under the circumstances mentioned) shall be attempted to be introduced, you are to see that the necessary measures are taken for carrying fully into execution the laws of navigation and for enforcing the penalties thereof against any ship or ships importing other articles than lumber and provisions regularly permitted.
You will take such steps as you may judge most expedient for making these directions generally known among the planters, merchants, and others whom it may concern; and in the event of its becoming necessary at any time to open the ports for supplies of lumber and provisions, you are particularly to insert in every proclamation you may issue for that purpose, notice to the following
effect, viz. That if any other articles, except lumber and provisions, as therein specified, are attempted to be introduced from the United States of America in American bottoms, measures will be taken for the forfeiture of the ship or vessel importing the same, and of the goods so imported, in contravention of the laws of navigation.
I have the honor to be, Sir, Your most obt. humble servant. CAMDEN. To Gov. Gage, &c.
Norfolk, July 5. THE FLEETS.—Capt. Tomkins of the Schooner Hornet, left Guadalupe 20th June. On the 21st he fell in with his Britannic Majesty's sloop of war Kingfisher, capt. Cribb, of 18 guns, who informed capt. T. that on the 17th he saw the combined French & Spanish fleets to the Northward of all the islands, bearing N. E. and that, on the 19th he saw Admiral Nelson, with 12 sail of the line in pursuit of them. He also stated that the day after the combined fleets passed Antigua, (at which they did not call) they overtook 13 sail of homeward bound merchantmen, under convoy of a frigate and a sloop of war; the whole of the trade was captured, and ordered to Martinique, under the protection of a frigate. A few days afterwards they were discovered by the Kingfisher and an English frigate; upon which the commander of the French vessel fled to all the merchant ships, and made his escape. Capt. T. further informs that, as the French passed Guadalupe, they took on board about 800 troops under the command of General Ott; six days afterwards 4 frigates returned with the same troops, and landed them on the North side of the island. The two ships of the line heretofore said to have arrived at Guadalupe, were from Rochefort, and not from Brest; they joined the fleets which then consisted of 20 sail of the line, besides frigates and corvettes. The French did not touch at Dominica as heretofore stated. The embargo in the British islands had been taken off immediately on the arrival of the British fleet, so far as respected neutrals.
By capt. Hopkins, of the Schooner Father and Sons, we have received an Antigua paper of the 18th ult. from which we extract the following article, which places the arrival of Nelson beyond doubt, and confirms the above report by capt. Tomkins.
St. John's (Antigua) June 18. On Wednesday last, we had the pleasure of seeing the fleet under the command of Vice Admiral Lord Nelson, consisting of 12 ships of the line, 4 frigates, 2 sloops of war and a brig, anchor in the road of St. John, from whence his lordship sailed the next day about noon, in search of the French fleet. We understand his lordship, in consequence of information he received, sailed from Barbadoes to Grenada, which in all probability, prevented his coming up with the French fleet before they passed this island. His lordship did not come on shore; declaring, as we have been told, that he had not been out of the Victory for two years.
Whereas my wife Elizabeth voluntarily without any provocation absented herself from my bed and board, I therefore caution the public from crediting her on my account as I am determined not to pay any debts of her contracting. THOMAS WILLIAMS. Washington city. July 10—3t
IN CHANCERY, June 27, 1805.
Thomas P. Wilson, versus George Beckwith, John Beckwith, William Lodge, Elisha O. Williams, Simon Nicholls and Barbara his wife, Thomas S. Williams and Anne his wife, Edward O. Williams, Elenorick Beckwith and John Lodge.
The object of the bill filed in this cause is to obtain a decree for the sale of a parcel of land lying in Montgomery county, purchased by Charles Beckwith deceased from Elisha O. Williams, for the payment of the debts of the said Charles Beckwith.
The bill states that Elisha O. Williams, Simon Nicholls and Barbara his wife, Thomas S. Williams and Anne his wife, Edward O. Williams, Elenorick Beckwith and John Lodge defendants in the said cause reside out of this state.
It is thereupon on motion of the complainant, ordered, adjudged and decreed that he cause a copy of this order to be inserted once in each of three weeks in the National Intelligencer before the last day of July next, to the intent that the said absent defendants may have notice of the filing and the object of this bill, and may be warned to appear in this court in person or by solicitor before the last day of November next to show cause if any they have why a decree should not pass as prayed.
Test SAML. H. HOWARD, Reg. C. C. July 10—3t
W. S. Nicholls and Co. HAVE just received from Philadelphia and Baltimore, an elegant supply of Spring and Fashionable goods, which they are determined to sell on the lowest terms for cash. July 8—6t
Rapine, Conrad, & Co. On New Jersey Avenue Capitol Hill, HAVE just received and offer for sale, at a low price, a quantity of PERUVIAN BARK by the pound and smaller quantity. They have also, lately received an addition to their former assortment of books and stationery. July 10—
SHELL LIME. WILL burnt with sound wood, at 16 DOLLARS the hundred bushels, a less quantity will not be sold at this price. It will be delivered in any part of the city or George Town at from 17 to 20 dollars per hundred, the price to be paid on delivery, apply to JOHN CONINGHAM, at the Brewery in Hooks Town, C. W. N. B. Application must be made within ten days from this date. July 10—3t
Fifty Dollars Reward. RAN away from the subscriber living near the Bowling Green on the 23d inst. a Negro Man named PETER, between thirty and forty years old, about five feet ten inches high, he is black and rather spare made, had on when he went off a light drab colored coat, a red striped waistcoat, corduroy or thickset breeches and dark mixed stockings, has lost the greater part of his toes on the left foot, and when spoken to is very apt to appear surprised, I will give the above reward if taken out of the state of Virginia, and thirty dollars if taken in the state and out of this county, and ten dollars if taken in the county or confined in any jail so that I get him, or if brought home all reasonable charges paid. JOHN G. WOOLFOLK. Carolina July 10—ep3w.
In the case of John Thomas Frost, an insolvent debtor. SIX months from and after the first day of July next is limited and appointed for the creditors of the said Frost to bring in and exhibit their claims to the trustee. It is ordered that this notice be published in the National Intelligencer and Washington Federalist three times in each paper prior to the first day of August next. By order of the hon. Wm. Cranch, esq. URIAH FORREST, Ck. July 5—
The subscriber being appointed trustee in the above case of John T. Frost, requests all persons having claims against him to exhibit them without delay. Also all persons indebted to the said J. T. Frost prior to his taking the benefit of the act of insolvency, are requested to make immediate payment to JAMES KENNER. July 8—3t
PUBLIC VENDUE. TO be sold at public vendue, at the late dwelling house of JOSEPH HODGESON, deceased, on the 15th day of July next, at 11 A. M. all the personal property belonging to the estate of said Hodgson, consisting of parlour and kitchen furniture, fine and coarse hats—furs of various kinds—batters' wool, and a good set of batters' utensils, consisting of kettles, blocks, &c. & like-wise one good milch cow. The terms of sale will be, for all sums under twenty dollars, cash; and for all sums over twenty dollars a credit of six months will be allowed,—by the purchaser's giving bond bearing interest with approved security. REBECCA HODGSON, Adm'x. Washington city, June 29, 1805.—3t
N. B. The convenient dwelling-house, garden, and out-houses to be let on moderate terms, which is now occupied by Mrs. H. Hodgson.
PUBLIC SALE. IN virtue of an order issued from the hon. 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 134 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. WEEMS, CHAS. WILLIAMSON, Commissioners. July 3—ep8w.
On a liberal credit. THE subscriber will dispose of at private sale, his estate called Chichester, lying on the eastern branch, immediately opposite the city of Washington. This tract of land containing 697 acres is laid off in lots from 33 to 144 acres for the convenience of purchasers. Plats of the estate and the terms of sale are in the hands of colonel Mason 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.—1t
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 Bartip'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 be appointed, one of whom shall be the 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 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 courts 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 any 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 decision 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 re-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
Land for Sale. THE subscriber offers for sale, on moderate terms, the tract of Land whereon he lives, containing 530 acres, between Richmond and Fredericksburg, 25 miles from the latter and 40 from the former; the Land is remarkably level, and well watered; there is about 250 acres to clear and plentifully stocked with pine and oak timber, and about 30 acres of good meadow land. The buildings are, an elegant and well finished two story dwelling house, with two large rooms and a fine airy passage below, and three rooms above stairs, with a dry cellar under the whole house; a barn, corn house, stable, carriage house and all other necessary buildings in good repair; a beautiful young apple orchard of choice fruit now in its prime, and about 600 bearing peach trees. The situation is uncommonly healthy. Also, a small tract on South River, within 22 miles of Fredericksburg, containing 315 acres, nearly the whole of which is level, and the soil well adapted to the culture of Indian corn, wheat and clover, with a small proportion on the river suitable for a meadow. There is on this tract a dwelling house, which at a small expence may be put into good repair and rendered a comfortable and commodious residence for a small family. The terms of sale made known by application to ANTHONY NEW. Caroline, July 3—2aw2w.
ENTERTAINMENT FOR Man and Horse. THE subscriber takes this method to inform the public, and particularly those travelling to the City of Washington, that he has opened a house of entertainment opposite the Branch Bank of the United States, where travellers shall be well accommodated on the most reasonable terms. THOMAS THORPE. July 3—1aw1f.
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 lies Pretty 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, 1,700 acres of which are the most valuable low grounds on the river, between 3 and 400 acres newly 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 chesnut timber, for which an excellent market may be found at the city of Washington." The terms of sale are—one fourth cash one 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—ept3p.16