The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1806-09-26 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. VI. WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE. No. DCCCCXXIX
FIVE DOLLARS PER ANNUM.
FRIDAY, SEPTEMBER 26, 1806.
PAID IN ADVANCE.
FROM THE LITCHFIELD WITNESS OF September 10.
State of Connecticut, vs. Selleck Os- born and Timothy Ashley.
[CONCLUDED.]
On Thursday the 2d week of said term, by previous assignment by the court; it came before the jury for trial; which jury was composed of the following persons, viz.
Jabez Gillet Norman Griswold Stephen Filer Ashebel Spencer Josiah Upson Levi Watson Mead Munson William Taylor Luke Loomis Benjamin Hale Titus Darrow Platt Starr.
Evidence in support of the prosecution.
The publication above recited on which this prosecution was grounded, was first read.
JOSEPH ADAMS swore, that at the time of the election for Assistants, he and Deming sat in the same pew, at what particular stage he did not recollect, but while the freemen were voting for Assistants, Deming asked him if he had seen captain Simmons at meeting; and said that he wanted to see him to learn if Russell Hunt had drawn a Crowbar for him, which he had engaged. Soon after, he (Adams) discovered Simmons, and informed Deming where he sat. After this, Deming left the pew, whether immediately or not, he did not recollect. When questioned—he said that he did not recollect that any persons were standing for the purpose of voting, at the time he discovered Simmons—he did not see Deming point at all.
JULIUS DEMING, the person claimed to have been libelled, was then offered as a witness, and objected to, by the defendant's counsel—because interested in the prosecution; not only in the question (which till very lately in Connecticut had uniformly excluded) but also in the event, which always disqualified—that though this was not a pecuniary interest, yet it was much stronger; it was the interest of character. It was asked if on a prosecution for a libel charging another with perjury, the person charged would be the proper witness to prove that he himself did not commit perjury?—that the present case was the same in principle; that Deming of all persons was the most improper to swear himself innocent of the misconduct with which he had been charged; that the great principle upon which witnesses were excluded, was a presumed bias on the mind which might induce perjury; that the bias arising from a character at stake must be much stronger than that which could arise from a mere question of property. It was further objected, that the witness could not be improved by the state, because he could only be called upon to testify to the falsity of the publication, but never by the PROSECUTOR to prove its truth; for no one is required to criminate himself; and as the claim could not be reciprocal, it therefore could not be legal on the part of the state; which objection was over-ruled by the court; and Mr. Deming admitted.
Mr. Deming then swore, that the day of the freemen's meeting he was seated west of the pulpit; that he continued there till three or four votes had been taken for assistants; that he then left the pew to make room for the Rev. Mr. Chapman and other gentlemen Clergy, and took a seat on the east side of the alley; that he made some enquiry respecting Simmons; that Gen. Skinner, being in the same pew, appeared anxious to point him out to him; that Joseph Adams, shortly after informed him where sat; that he went to him, and enquired of him if he knew whether Russell Hunt had made a Crowbar for him? Simmons replied that he rather thought he had. Deming further stated that Simmons being indebted to him, and having previously promised payment in August, of which he had failed; on this account he called on him, and required him to see him at his store before he went out of town; Simmons said he would call; that he then left him; that he did not see Simmons vote that day; that he did not know his political sentiments; nor did he know on what side he voted, though if enquiry had been made he should have said he was a democrat; that he did not see him till he was shown by Adams, and that he (Deming) did not point at him at all.
Question, by the defendant's counsel. Did you when you looked at capt. Simmons, catch his eye?
Answer. I looked at him, and he likewise looked at me at the same time.
Question, by the same. While you continued to look at him, did he not rise and vote for a republican?
Ans. I did not perceive it. Mr. Deming then said, he had no desire to influ-
ence Capt. Simmons in his vote; that he had no suspicion that he was a democrat till after the meeting; when a laughable story was told at his store by Oliver Wolcott about southern elections. Simmons was present and appeared pleased, and joined in the laugh. From which he concluded him to be a democrat.
Question by defendant's counsel.—You say, Mr. Deming, that you had no suspicion that capt. Simmons was a democrat till the ludicrous story was told by O. Wolcott? In a former part of your testimony you said, if enquiry had been made, you should have answered that he was a democrat; why, having no suspicion of his politics, should you have made this answer?
Ans. "I cannot tell, unless because he lived in Milford."
CHARLES DEMING (son of Julius) swore that capt. Simmons called on his father after freemen's meeting, was over, and told his father that he had the money but could not conveniently pay it at that time; he said the money was at home. On being questioned he said he was not present all the time captain Simmons was with his father.
FREDERICK WOLCOTT, Esq. swore that after the meeting he went to Deming's store with his brother Oliver; that he found capt. Simmons and Mr. Deming together; that they appeared to be composed; and that there was a conversation on the subject of elections in other states, especially the southern, that they contrasted the electioneering arts and intrigues used in those states, with Connecticut elections, and had considerable laughter on the occasion; and that captain Simmons seemed to enjoy it.
Testimony on the part of the defendant.
Captain Simmons swore that he had been indebted to Mr. Deming on note and book. About the first of August he was at Deming's store; that Deming dunned him; that he told Deming he would pay him as soon as he got the iron ready; that Deming had previously agreed to take iron in payment; that about the middle of August he again saw Deming, near Tryon's bridge; that he then told him that he had not got the iron ready, but should have it soon; and asked him if it was material whether he delivered it at his store, or at the slitting mill; Deming said it was not, he might leave it at the mill if he chose. About three weeks after at the freemen's meeting, while voting for assistants, he observed Deming looking sternly at him several times, that he paid particular attention to this because he had observed it at former freemen's meetings; that he soon after perceived him take Adams (the constable) by the shoulder, and while standing, point directly at him; that several times they caught each others eye, and looked very determinedly at each other. That just before the nomination of a republican was made, he observed Deming look at him with peculiar sternness; that he rose and voted; that after he sat down, Deming continued to eye him in the same manner till another republican was named, and he rose and voted for him; that soon after, Deming came round to him, and asked him if Russell Hunt lived with him? Simmons answered, yes. Deming then asked, if Hunt had drawn a crowbar for him? He answered, he did not know—that Deming then abruptly quit the subject of the crowbar and told him, that before he went out of town he (Simmons) must call on him; that he replied he would if he wished it; that Deming again said, and in a stern manner that he had better call on him before he went out of town; that while Deming was in the pew a republican candidate was nominated; that he rose to vote and Deming hurried away, he supposed for fear he should be counted with the republicans; that after the meeting he called on Deming; that he took him into his counting room, that he told him he must be paid what he owed him; that he asked Deming why he crowded him so, when he had agreed to take iron; that Deming replied that was no matter he must have the money, and would have it; and that if it were not paid by Saturday night, he would send an officer after him with two writs on Monday morning.
Question, by the state's attorney: Do you know there was a vote taken while Deming was looking and pointing at you?
Ans. Yes; and a republican, for whom I stood up and voted.
Question by the same. Did you tell Mr. Deming you was not to be frightened out of your principles?
Ans. I told him, I thought he had crowded upon me, and that because I was poor, I was not to be frightened out of my principles.
ROSSEL HUNT (the person of whom Deming had engaged a crowbar) swore that he was at the last freemen's meeting; that while there, about the time of voting for the second representative he met Deming in the broad alley, who asked him if he had made the crowbar for him, that he told him he had; that Deming then asked him if captain Simmons was at the meeting? he told him he was.
[It may be proper to remark in this place, that Representatives are always chosen before assistants are voted for; that if Hunt testified truly, Deming already knew that the crowbar was ready for him, before he made the enquiry of Captain Simmons; of course the enquiry must have been a mere pretence.]
JOHN WELCH, Esq. swore, that at the time of voting for O. Ellsworth for the mode of voting was objected to; that Deming was then in the pew east of the broad alley; that Ellsworth was the first candidate named—that several observations were made, respecting the "stand-up-law"; that Deming observed that it was true some people might be ashamed that it should be seen for whom they voted. He soon after enquired if capt. Simmons was in the meeting, and said he wished to see him about a crowbar; that soon after, he saw Deming looking at capt. Simmons, and Simmons at him; they continued thus to look at each other, for some time; during which, Simmons rose, and voted at least once; that from the manner of Deming's enquiry, he suspected that he had some other object in view than the crowbar; and for that reason was attentive; and that while Deming was looking at Simmons, he observed the latter to wink at him (Welch) in such a manner that he (Welch) was convinced that Simmons supposed Deming was endeavouring to deter him from voting as he did—that he saw Deming take Adams the constable by the shoulder, and point at Simmons; and that soon after, Deming left the pew and went round to Simmons.
SETH GRISWOLD, swore, that he saw Deming's hand on the constable's shoulder, both having risen and turned towards Simmons; that Deming then pointed at Simmons, and afterwards went round to him and made the observations testified to by captain Simmons.
MOSES SEYMOUR, jun. testified, that he was certain, that before any vote was given for Assistants, Mr. Deming was sitting in the pew east of the Broad Alley; because when the first vote was about to be taken, he objected to the mode, as not being conformable to the statute; which statute he held in his hand, and immediately shewed the same to Mr. Deming, who was then sitting in the aforesaid pew, and who assented to the correctness of the objection; and informed the Moderator that it was persisted in; and then the vote was taken according to law.
DEACON OZIAS LEWIS, testified substantially the same as John Welch, Esq.
Gen. SKINNER, swore, that when the nomination for Assistants was called up in the meeting, the federalists, and republicans, as usual, separated; the federalists took the west, and the republicans the east half of the meeting-house, with the exception of a few influential federalists, who, as usual, took a stand with the republicans; and that Mr. Deming was one; that he took his seat in a pew with him before any vote was taken for Assistants; that he heard Mr. Deming make some enquiry about capt. Simmons, but paid no particular attention to it, as his mind was fixed on the business of the meeting; that noticing several republicans out of the house, he remarked to Mr. Deming, that the "stand up law" was very unequal in its operation; that there were at that time several freemen whom he knew to be republicans, but who dare not vote for Assistants, because dependent on the civil authority, and merchants to whom they were indebted; for this reason they could not act according to the dictates of their consciences. Mr. Deming replied, "consciences! they have no consciences!"
EBENEZER PICKET and AARON PAGE, agreed with capt. Simmons, as to what took place in the pew at the time Deming came round to him; that both of them recollected Simmons rising to vote, and Deming hurrying from the pew; and that Deming appeared particularly earnest, and significant in his demand that capt. Simmons should call on him before he went home.
Mr. DEMING was then again called upon by the prosecutor: He denied that he had agreed to take iron of Simmons instead of money; and denied the conversation at Tryon's bridge, stated by Simmons. The following question was then put by the prosecutor to Mr. Deming; "Should you think, Mr. Deming, that you would have consented to receive ten dollars* and not to have sued, provided capt. Simmons had made the remarks respecting his principles in your counting room, to which he testified?"
Answer. Inverecime, may it please your honors and you gentlemen to the jury, I should not.
HICKS SMITH and JOE SIMMONS, both testified, that they were present at the conversation at Tryon's bridge between Simmons and Deming; that Simmons told Deming that he should have
* After the first side was wronged, we discovered the omission of a part of capt. Simmons's testimony, viz. that Mr. Deming finally agreed that he would not sue him if he would pay 10 dollars by Saturday, which was paid.
the iron before long; and enquired of him (Deming) if it would make any difference whether he delivered it at the slitting mill or at his store; that Deming told him it would not; but if he left it at the mill he must take a receipt therefor in his (Deming's) name; if he brought it to his store, he wished it to be in drafts; and that this conversation was in August, a short time before freemen's meeting.
ASAHEL WILCOX testified, that before the meeting referred to, he was indebted to Mr. Deming, and that a little time before freemen's meeting he was at Mr. Deming's store when Mr. Deming introduced the subject of politics, and among other things asked him if he should dare to come down and vote for democrats at the next meeting? He told him if he was well he should come down, and if he came down he should dare to vote, and that too for democrats; soon after Deming told him he must pay him what he owed him; he (Wilcox) replied, he would attend to it as soon as possible; that he was soon after again at Mr. Deming's store, where was a deputy sheriff. Mr. Deming said that Mr. Holmes the attorney wished to see him (Wilcox) & that the deputy sheriff would wait on him to Mr. Holmes's; he accordingly accompanied him to Mr. Holmes's and found his notes there for collection; and to save expenses, Mr. Holmes took judgments by confession; that he requested indulgence; that Mr. Holmes observed, if he was as good natured to Mr. Deming as he was to him, (Holmes) Mr. Deming would wait on him; that he so well understood the business, that before freemen's meeting he borrowed the money of a republican, and satisfied the judgments.
NORMAN BUELL testified, that Mr. Wilcox stated the same facts to him at the time, as he had testified to in court; and that he (Buell) lent him the money to pay the demand.
The testimony being closed, the cause was fully argued, by the counsel on each side. The statute of this state which is in the following words, was read and relied on by the counsel in behalf of the defendants.
"An Act to secure the Freedom of the Press."
"BE it enacted by the governor and council and house of Representatives in general court assembled, That if any person shall be prosecuted for the writing or publishing any libel, it shall be lawful for the defendant upon the trial of the cause, to give in evidence in his defence, the truth of the matters contained in the publication charged as a libel. And the jury who shall try the cause, shall have a right to determine the law and the fact, under the direction of the court as in other cases."
TIMOTHY PITKIN, jun. Speaker of the House of Representatives.
JONATHAN TRUMBULL, Governor.
ATTEST, SAMUEL WILLIS, Sec'y."
After a trial which lasted two days and a half, the cause was on Saturday noon committed to the jury: the chief justice having first, in the usual form, directed them to keep their own counsel, to say nothing to any one respecting the same till they were agreed on a verdict, and had delivered the same in court. Twice in the afternoon of the same day the jury were called upon by the court for their verdict; and each time informed the court they were not agreed. On Monday they were once or twice called on, but still were not agreed. On Tuesday being again called on, the foreman informed the court, "That the jury had a verdict but were not all agreed in it." The court, after some conversation, agreed they would take the verdict. The counsel for the defendants then enquired of the court if they understood the foreman to say (as was the fact) that though they "had a verdict they were not all agreed in it?" The court replied, they did. The said counsel then objected to a verdict of this kind being received; which objection was instantly over-ruled by the court; and the foreman then pronounced a verdict of Guilty. To this verdict one of the jurors (captain Stephen Filer) objected; and informed the court that it was given without his consent, and that he could not agree to it. The court then after a short consultation, ordered the clerk not to record the verdict; and enquired of the jury if they were willing to return the papers? To which they all assented except the aforesaid Filer, who after some hesitation, informed the court that he believed it was not proper; and of course he could not consent. The court then observed, "you say you are not agreed to you, Mr. Filer? The defendant's counsel replied that Mr. Filer said he "could not consent to give up the papers." The court commanded silence, and said that it was an improper time for counsel to be heard; and the judge, turning to Mr. Filer, again enquired, "What did you say, sir?" Upon which Mr. Filer, in a very audible voice, informed them that he could not consent to give up the papers. The court then sent the jury out for further deliberation.
Thursday (all the jury business being
finished) the jury informed the court that they were still disagreed, precisely as on Tuesday; the papers were again called for; the same dissenting juror, (captain Filer) could not consent to give them up. The counsel for the defendants then stated, that on this jury the accused had put themselves for trial; that on this jury they relied for a true deliverance according to law and evidence; and that they never would consent that the papers should be delivered up; that it was their right, and by this jury they would stand or fall. The court again ordered silence, and enquired of captain Filer, what reasons he had for refusing to give up the papers? He replied, that he was not versed in legal proceedings, but he believed it was not usual for courts to enquire of jurors the reasons for their opinions; that though he conceived he had no right to give up the papers, yet he supposed them subject to the order of the court. The question was then put by the chief judge to his associates whether the papers should be taken back? They unanimously decided in the affirmative—and the jury were dismissed.
It is worthy of remark, and will certainly excite deep attention in the minds of all who read the statement of this trial, that the fact was immediately known after the jury had taken the case into consideration, that eleven of them were for a verdict of guilty, and one opposed to it: this had leaked out to the people of the town thro' some of the smaller fry of lawyers who swarmed around the court; and who had already found out a case exactly in point, reported in Hale's pleas of the crown; where, on a prosecution for a libel, the jury, as in the present case, stood eleven and one; and the eleven who were for bringing in the accused guilty, gave in a verdict to that effect, without the knowledge or consent of the twelfth. This verdict was recorded, the court not knowing but that the jury were all agreed; and on motion stating these facts, judgment was arrested & a new venire awarded. Soon after the cited case became matter of public conversation thro' the same channel that developed the situation of the jury. The false verdict was exhibited to the court in the manner already stated. Here was a stranger, and perhaps to some, an unaccountable coincidence.
This case however in one important particular did not compare with that in Hale's Pleas of the Crown. The court here were not imposed upon; they took in the verdict, knowing the jury were not agreed; and then, seeming instantly to change their opinions, ordered the clerk not to record it, and afterwards returned the jury to a further consideration of the cause.
It ought to be remembered, that to Phinehas Emmons, a violent federal constable, was committed the care of the jury; and that he was sometimes a witness to the deliberations and discussions in the jury room.
At the next term (March, 1806) contrary to the expectations of almost every person, the court again called up the same prosecution. The defendants then stated substantially the foregoing facts by way of exception to the jurisdiction of the court, praying the said court to take no further cognizance of said cause, but to dismiss the same.
The defendants in support of their objection adduced the second vol. of Swift's System of the laws of Connecticut, in page 259, to shew that the practice in Connecticut in civil suits, is where the jury cannot agree, for the court by agreement of parties, to take back the papers. Same book page 408, shewing that when in a criminal case the cause is committed to the jury they cannot be discharged till they have agreed on a verdict; 4th Black. Com. p. 360, Foller's Crown Laws p. 29, &c to shew that the jury cannot be discharged after the cause is committed to them, except in cases of absolute necessity.
Coke on Littleton, 227, shewing, that in a case which concerns life or member, the jury cannot be discharged though all present concur.
Carthew's Reports 465; 3d Bacon's Abridgement, 269; 2. Hawkins, P. Crown 622; and Wood's, Institute 529. — 3; shewing that in capital cases, the jury cannot be discharged though all parties consent, and in cases not capital without the consent of the accused; and many other cases were read in support of the last position.
All these cases appear to be governed by the general principle that no man shall be twice put in jeopardy on the same charge.
The court overruled the objection, and ordered a second trial. The jury being dismissed, the publication was again read to the court when the defendants informed the court, that they had been at the expense and trouble of one defence, and that therefore they

should make no more. And the court, without improving any evidence to prove the falsehood and malice of the publication, pronounced them guilty on the spot; and during the term sentenced them each in the fine of $100 and costs of prosecution, and to find bonds in the sum of $500 each, with sureties that they be of good and peaceable behavior towards all the citizens of this state, and especially towards Julius Deming; and to stand committed until judgment be complied with.
Our statute directs that any person convicted as a "common libeller" may be required to give bonds for good behavior. Query, is the conviction of publishing a libel on Julius Deming, a conviction as a "common libeller"?
The juryman selected this term were unanimously thorough going federalists, of the same stamp with that which had "landlord Carlin" for their foreman, and which decided the case of Huntington and Babcock.
This sentence terminated in the imprisonment of the Editor and Printer. Mr. Ashley however, was constrained to sell his interest in the establishment, satisfied the fine and cost, and procured the bond or good behavior. Mr. Osborn feeling a strong wish for the continuance of the business, and not willing to transfer the editorial department to any class of men, has ever since continued in close confinement, where he now is for an uncertain duration.
Foreign Intelligence.
LONDON, Aug. 2.
We are enabled to assure our readers from the most unquestionable authority, that Lord Lauderdale will set off in the course of this day for Paris. His lordship was expected to leave town soon after one o'clock. One of the persons who arrived yesterday from Paris was Mr. Goddard, who was formerly private secretary to Lord Grenville, but happening unfortunately to be in France on the breaking out of hostilities, he has been detained there ever since. Mr. Goddard was the bearer of dispatches from Lord Yarmouth, which in consequence of Mr. Fox's illness, were taken to Lord Grenville's. Mr. Goddard arrived about 7, and at 9 o'clock a cabinet council was held. Lord Lauderdale is to be accompanied by Mr. Goddard, who will act as his lordship's private secretary during the negotiation. Our readers will do us the justice to recollect, that we stated a few days ago that the negotiation would speedily take a decisive turn. Subsequent events have justified that opinion—and we can now venture to state, that in a few days the question of peace or war will be decided: for his majesty's ministers are, we believe, unanimously resolved not to suffer a protracted negotiation.
We received last night Paris papers to the 26th and Dutch to the 30th ult. They confirm what we exclusively stated on Wednesday, viz. that a treaty of peace between France and Russia was signed on the 20th ult. which some of our competitors doubted, and others confidently denied. M. D'Oubril was of course the plenipotentiary for Russia, and gen. Clarke acted in the same capacity for France. A circular letter to the different ports, from the minister of the French marine, announced this important fact to the public. This event seems to have raised the spirits of the people in Paris, and has proportionably operated upon the French funds. Bank stock had on the 24th risen to 1167. 50. and at the same period the 5 per cents. were at 67. 20. Hence, no doubt is inferred in the French capital that this separate treaty between France and Russia is the harbinger of a general pacification with this country, and the several powers of Europe. In consequence, too, of this auspicious event, the Moniteur has announced that the grand triumphal fetes are to take place in September, the last 15 days of which will be wholly devoted to national festivities.
We are enabled, by the receipt of the Hamburg paper, to anticipate the contents of the next Hamburg mail. C. A. Aro has not yet been formerly delivered up to the French; but as peace has been signed between France and Russia, there can be no doubt that the Russians will evacuate it as soon as the French are ready to receive it.
PARIS, July 24.
Gen. Junot, grand officer of the empire, is appointed governor of Paris. The Argus of this day contains the following:
"The news of the conclusion of peace between France and Russia will excite a very unfavorable sensation at London, where they dread nothing so much as a separate peace."
"This peace is announced before it was well known that the negotiations were opened. Ever since the treaty of Presburgh the war has been without an object. The results of this treaty will be more favorable to all Europe than those of Lunéville or Amiens. At that period Italy presented only a body parcelled out among powers which were secretly at enmity with each other. Venice and the Tyrol, in the hands of Austria, gave uneasiness to the state which was lately detached from its empire. Holland was a prey to the concessions of a fluctuating government, & was secretly agitated by the neighboring powers, who wished to maintain an influence there. Germany, ill united in its federative system, was every instant menaced with dissolution. The interests of the greater part of the princes were evidently distinct from those
of their head; the issue of the last coalition has proved it. France herself had not yet received either in her government or in her relations with other states, either that stability or dignity which she has assumed among nations; but now the basis of the political organization of Europe is laid in such a manner as to afford reason to believe that its tranquillity cannot be disturbed hereafter."
FRANKFORT, July 20.
They write from Berlin that M. De Jacobi is expected in that capital about the end of the month. It is believed that no farther delay will take place in shutting the Prussian ports against the English, and in pushing on the war more briskly against Sweden. The retreat of prince Czartorinski from the ministry of foreign affairs gives us complete encouragement with regard to the intentions of Russia. A report is in circulation, that the new organization of Germany will soon be made known to the public. It is believed the north of the empire will be separated from the south, and that this last division will form a confederacy, over which the elector arch-chancellor will preside, whose residence will henceforth be at Frankfort. The reports which circulate on this subject have not yet a character sufficiently authentic to deserve detail; but we shall soon receive more ample information.
VIENNA, July 16.
Last Sunday a courier arrived here from general Bellegarde, in the neighborhood of the Cattaro. The Austrian troops had not landed. Some new obstacles are mentioned, such as the resistance of the Montenegrins, &c. the particulars of which we are yet to expect.
FROM THE MAIN, JULY 19.
We find the following outlines of the new Germanic constitution in the journals of Franconia. A federation is to be formed between the arch-chancellor, Bavaria, Wirtemberg, Baden, Hesse Cassel, and Darmstadt, under the protection of the French emperor. The arch-chancellor is to be put in possession of the city of Frankfort, where the federative states are to assemble in future; cardinal Fesch is to preside in the assemblies of the federative states; the affairs of which are to be managed by the electoral arch-chancellor, in conjunction with a resident deputy appointed by the French emperor. Baden, Hesse Cassel, and Darmstadt, are each to assume a regal title; and lastly there is to be a king of Westphalia. Some small states, viz. Furstenberg, Oettingen, Hohenzollern, Ysenburg, Ahrenberg, and Salm-Salm, are to be preserved, while others are to come under the jurisdiction of the electoral arch-chancellor.
According to the pending Concordat, the following important reforms are proposed:—An ecclesiastical constitution, consistent with the spirit of the times. A freedom of thinking, and liberty of conscience in Germany, without any restriction. All ecclesiastics, archbishops, and bishops, to be subject to the oath of allegiance to their lawful sovereigns, and to sign an acknowledgment of the invalidity of all mandates, &c. not sanctioned by the sovereign. The abolition of all the cloisters and religious orders still subsisting, the brothers and sisters of charity excepted. The establishment of schools and seminaries. The reduction of the number of religious ceremonies—public processions—saint's days. The abolition of controversial sermons. General permission to eat flesh. A total abolition of celibacy and pilgrimages. The removal of various obstacles to the union of protestants, and the legalization of all their marriages.
Marshal Davoust's corps, and that of Bernadotte, are to pass the Rhine at Mannheim, on their return to Paris. All the cloisters in the duchy of Ponte Corvo are abolished.
An archbishop, it is said, is to be established at Munich, to preside over all the states of Bavaria. One of the free cities of the empire, in Franconia, it is said, is to be added to Bavaria.
General Mack has published a declaration, in which he requests the public to withhold their judgment till his trial is finished. He remarks, that in the late unfortunate war he was not the principal in command; but that he managed the affairs of the campaign simply as field marshal of artillery.
WESTPHALIA, July 20.
According to report commissioners may be expected at Effen, Elten, and Werden, from Berlin and Paris, to negotiate an exchange of territory. The business, it is now said, will be opened at Effen; on the part of the emperor or Napoleon, they only wait for the nomination of those who are to conduct it.
BERLIN, July 22.
Since M. Blumenthal, the Russian Jager who brought the last dispatches to count Stackelburg, has set out from this city to Strausberg, it is believed that Sweden will raise the blockade of the Prussian ports in the Baltic. The return of M. Krusemarke from St. Petersburg is expected in a few days.
HAGUE, July 19.
The conference which was held last week between the commissioners appointed by their high mightinesses and some members of the council of state, according to report, related, to an augmentation of territory which our
kingdom is to receive.—A meeting, we understand, will take place between several members of the imperial family at Wilbarden, viz. the king of Holland, cardinal Fesch and the duke of Cleves.
FROM THE KENTUCKY PALLADIUM.
August 20, 1806.
Sir,
I have been called upon by name by a writer in the Western World of the 26th of July, who signs himself "An Observer," to produce for publication a letter received by me from Mr. John Brown, then a member of Congress, upon a suggestion that it contains the evidence of an attempt on his part, to detach this country from the union, and to subject it to the dominion of Spain. Having the original letter referred to, still in my possession, I should have felt no hesitation in submitting it to public inspection, had not the request been made in terms highly indecent and offensive. However, as the impropriety of that address must be ascribed to the illiberality of the writer, whose motives would probably only excite contempt, were his real name published; and as others, who are anxious to obtain the means of judging correctly, have also expressed a wish to see the letter, I have concluded to publish it, and for that purpose now deliver it to you, which, with these remarks, you will please to insert in your paper.
After the application of Kentucky to be admitted into the union as an independent state had failed of success, a difference of opinion took place as to the course which ought to be pursued. Mr. Brown and other respectable characters, were of opinion that it was most advisable to declare this country independent, and to proceed to frame a constitution of government. In support of this opinion it was alleged, that inasmuch as Virginia had repeatedly consented by acts passed for that purpose, that this country should be erected into an independent state: and as the sense of the people on that subject had been fully ascertained by repeated conventions, called to decide on the question, that it would therefore be only a waste of time and trouble, to travel again over the same ground; more especially as the pressure of the Indian hostilities, and the inconveniences arising from our local situation, so remote from the capital of Virginia, rendered it altogether inexpedient to encounter the delay, which would probably attend that course of proceeding. Others were opposed to this course, thinking it precipitate, unsafe, not respectful to the state of Virginia, and likely to lead to consequences not contemplated by its advocates. I was of the latter opinion, which ultimately prevailed.
Knowing that colonel Thomas Marshall concurred with me in opinion, I showed him Mr. Brown's letter to me, in which he had expressed his sentiments on the subject. The use which was made of that letter is known to the public: and what my motives and feelings were on that occasion, may be collected from a publication of mine, dated the 4th of September, 1790, and printed in the Kentucky Gazette , of September 13, 1790, which I now furnish you with, and request you will also publish.
I was a member of the convention of November, 1788, tho' not of July 1788. I recollect that gen. Wilkinson read in the convention a memorial of a commercial nature, which he said he had presented to the governor of New Orleans. At the commencement of the reading I was out of the House, as well as I can now recollect, and did not hear the whole of it read. I have no recollection or impression that gen. Wilkinson or any other person moved or urged "a revolution from Virginia and the union in order to join Spain." As to the information and assurance given by Mr. Brown, I cannot at this distance of time recollect particularly; my impressions are, that he assured the convention that all they asked with respect to the navigation of the Mississippi was in their power or their offer. And I do not hesitate to declare that there was nothing in his letter, information or assurance, which impressed me with a belief that Mr. Brown intended to unite this country with Spain, or that his communications related to any thing other than of a commercial nature.
I should have forwarded this publication sooner, had the 4th number of the Western World been regularly received, and my ill state of health permitted.
I am, Sir, Your obedient serv't. GEORGE MUTER. The Editor of the Palladium.
Copy of a letter from John Brown to judge Muter, dated New York, July 10, 1788.
DEAR SIR,
An answer to your favor of the 16th March was together with several other letters, put into the hands of one of gen. Harmer's officers, who set out in May last for the Ohio, and who promised to forward them to the district; but I fear that they have miscarried, as I was a few days ago informed that his orders had been countermanded, & that he had been sent to the garrison at West Point. Indeed I have found it almost impracticable to transmit a letter to Kentucky, as there is scarce any communication between this place and that country. A post is now established from this place to Fort Pitt, to set out once in two weeks, after the 20th inst. this will render the communication easy and certain.
Before this reaches you I expect you will have heard the determination of
Congress relative to the separation of Kentucky, as a copy of the proceedings has been forwarded to the district by the secretary of Congress, a few days ago. It was not in my power to obtain a decision earlier than the 31st inst. great part of the winter and spring there was not a representation of the states sufficient to proceed in this business, and after it was referred to a grand committee, they could not be prevailed upon to report, a majority of them being opposed to the measure. The eastern states would not, nor do I think they ever will assent to the admission of the district into the union as an independent state, unless Vermont or the Province of Main is brought forward at the same time. The change which has taken place in the general government, is made the ostensible objection to the measure; but the jealousy of the growing importance of the western country, and an unwillingness to add a vote to the southern interest, are the real causes of opposition, and I am inclined to believe that they will exist to a certain degree even under the new government, to which the application is referred by Congress. The question which the district will now have to determine upon, will be whether or not it will be most expedient to continue the connexion with the state of Virginia, or to declare their independence, and proceed to frame a constitution of government.—'Tis generally expected that the latter will be the determination, as you have proceeded too far to think of relinquishing the measure, and the interest of the district will render it altogether inexpedient to continue in your present situation until an application for admission into the union can be made in a constitutional mode to the new government. This step will, in my opinion, tend to preserve unanimity, and will enable you to adopt with effect such measures as may be necessary to promote the interest of the district. In private conferences which I have had with Mr. Gardequi, the Spanish minister at this place, I have been assured in the most explicit terms, that if Kentucky will declare her independence, and empower some proper person to negotiate with him, that he has authority and will engage to open the navigation of the Mississippi, for the exportation of their produce, on terms of mutual advantage. But that this privilege never can be extended to them while part of the U.S. by reason of commercial treaties existing between that court & other powers of Europe. As there is no reason to doubt the sincerity of this declaration, I have thought proper to communicate it to a few confidential friends in the district, with his permission, not doubting but they will make a prudent use of the information, which is in part confirmed by dispatches yesterday received by Congress from Mr. Carmichael, our minister at that court, the contents of which I am not at liberty to disclose.
Congress is now engaged in framing an ordinance for putting the new government into motion; it is not yet completed, but as it now stands, the elections are to be made in December, and the new Congress to meet in February, but it may undergo alteration. Ten states have ratified—this state is now in session—what the result of their deliberations will be, is as yet doubtful; two thirds of the members are opposed, but 'tis probable they may be influenced by motives of expediency. N. Carolina will adopt—time alone can determine how far the new government will answer the expectations of its friends—my hopes are sanguine—the change was necessary.
I fear, should not the present treaty at Muskingum prove successful, that we shall have an Indian war upon all our borders. I do not expect that the present Congress will in that case be able to take any effectual means for our defence. There is not a dollar in the federal treasury which can be appropriated to that purpose. I shall leave this place shortly, and expect to be at the September term. I have enjoyed my usual state of health, and have spent my time here agreeably.
I am with great esteem, Your most humble servant, J. BROWN.
FROM THE KENTUCKY GAZETTE.
July 25, 1806.
MR. BRADFORD—
In a weekly paper, entitled "THE WESTERN WORLD," the publishers have commenced, and are going on, with an illiberal and factious history of "The Kentucky Spanish Association," which never existed; and to prevent their malicious tale from being universally discredited, they go back to a period, long prior to the emigration, or mature age of the great majority of the present inhabitants. The verity of this history, being only supported by positive assertions, it will need no refutation, with those who are well informed; but as a prerequisite, to enable others to judge for themselves, I request that you and all the candid printers in the country, will in your news-papers, insert the following sketch of the reasons which, at an early day, induced the people of Kentucky, to wish it should be erected into an independent state, leaving those who are more immediately implicated in the history, to make more particular animadversions on it, if they shall think proper—I shall only hold myself bound, if properly called on, to support my own statements.
AN EARLY INHABITANT.
It ought to be confessed, that in 1776, the first legislature of Virginia, which convened after independence had been declared, manifested a willingness to relax and protect the infant settle-
ments in Kentucky. It was then erected into a distinct county, that it might enjoy the advantages of proper officers, civil and military, to the same extent as the other counties of that state; and a considerable quantity of ammunition was forwarded, to enable the Kentuckians to defend themselves against the Indians, who were likely to effect their extirpation. The same benevolent disposition of Virginia, was repeatedly displayed during the whole of the revolutionary war; which ended in 1782, and seemed to promise safety to Kentucky.
The Indians, however, continued and multiplied their incursions, and as the inhabited part of the country extended its circumference, it grew more weak, and the business of plunder and murder more easy. But as the state of Virginia after paper currency was funded, had not been able to collect a sufficiency of money to support its civil list, and to pay the quota demanded by Congress, and their other debts, it was found, that the funds necessary for the defence of this country, could not be supplied from that quarter.
Spies and guards were repeatedly ordered, by the authority of the counties here; but not being promptly paid, and produced no great benefit.
And from 1779 to 1783, inclusive, several expeditions went against the Indians, and the whole or nearly the whole of the provisions, and other furniture, were provided by the men who marched, or they were procured by very oppressive contributions, or by the most irregular and arbitrary impressments; and both the men and furniture were paid for, either in paper money or certificates, of so little value, that many persons would not be at the trouble of applying for them. These untoward circumstances put an end to expeditions, which had been the main dependance of the people: and it need scarcely be mentioned, that the continental government was so feeble, that no aid could be expected from thence.
Two or three additional reasons may also be recited. So great was the distance and the danger of travelling, from Kentucky to the seat of the Virginia government, that scarcely any one could be prevailed on to go there as a representative, who had not very pressing business of his own; and so great was the dissimilarity of circumstances and interests of this country, from those of the other parts of Virginia, that the few representatives we were entitled to send, might be justly compared to drops from a bucket: all they had a prospect of obtaining for Kentucky, were gracious favors, or by shameful exchanges of votes with the eastern members. Indeed no one could hesitate to pronounce it impossible, that any country, especially one so extensive and peculiarly circumstanced as Kentucky, could be well governed by a legislature and executive, at six hundred miles distance from it.
At the fall session of the assembly of Virginia in 1784, an act passed, requiring that all entries for land, those on military warrants excepted, should be surveyed, and the surveys returned as the law directs, within little more than a year thereafter—when all the surveyors in office, with the addition of every person then in the country who was skilled in the art, could not have completed the business in twice the time allowed; and when, had all the other men in the country been employed as guards, the number would have been inadequate to defend the surveyors from the Indians. And another act passed at the same session, to provide for the more effectual collection of the tax of five shillings per hundred on land to be granted by patent: which was considered as retrospective, and highly oppressive and unjust.
About the same time, it was discovered, that by a treaty held at the then seat of the federal government, the claim of the U. S. to the Mississippi river, which before was undoubtedly secured by treaty with England, had been on the point of being suspended for 25 years or upwards, and in the mean time, the Spaniards were to enjoy the exclusive privilege. This design was discovered and defeated by the friends of the western country, otherwise it would have been rendered of no value, and its inhabitants have been compelled to remove to some of the Spanish provinces, or to have returned to the eastern states; so that we were not only greatly discouraged by the known poverty of the Virginia and the federal governments, but almost thrown into despair, by finding that great numbers in both were enemies to our prosperity.
By these considerations, and some others of inferior weight, the Kentuckians were excited to meditate the erection of a new state. This step they were pleased to find, was provided for, both by the constitution of Virginia, and the articles of confederation; and by it, they would at least be enabled to exert their own strength and resources. Repeated conventions of deputies, elected by the people, assembled in 1785, 1786, and 1787, to consider of the expediency of the measure, and to decide on the terms. The result was, a prevailing desire and anxiety to obtain the separation as soon as possible, and in the most orderly manner. The consent of Virginia was given without delay, but after the application in 1788 had lain before Congress for many months, almost unnoticed, at length its consideration was postponed, until the present federal government should take effect in 1789.
The Kentuckians viewing the delay as deeply effecting their interest, if not their salvation, met the rebuff with disgust, and the more so, on being informed, by some of the most respectable members of Congress, that it was not probable we should ever succeed, until an eastern faction which then prevail-

ed, could also introduce into the union, the state of Vermont, or the Province of Maine; of the probability of either, no satisfactory estimate could be made, in our present situation.
In this dilemma, a variety of opinions began to prevail. Those who had always opposed the separation, with some others, seemed to think the project ought to be abandoned, or suspended to a future day.
Several were for proceeding without the leave of Congress; not doubting but as a separate state, we could, by treaty with the Spanish government, secure the navigation of the Mississippi, more certainly, and on better terms, than could be expected from the then confederation; and, that being formed into a state, would not retard, but forward our reception into the union.
But a much greater number hoping that the federal government, about to be established, would be more efficient at home, and respectable abroad, the application was repeated, and at the third session of the first new Congress, (1791) Kentucky and Vermont were both admitted into the union, as additional states.
And certainly it cannot be shown to be a lack of wisdom or virtue, in the inhabitants of Kentucky, situated as has been described, to aim at a government of their own, when the essential advantages of government could no otherwise be enjoyed. And if the privilege was denied by the mother state, or by the confederation, to assume the right in a way similar to that exercised by America when her independence was declared; there is no evidence nor reason offered, to prove, that the people of Kentucky, or any of them, meant to subject themselves to the rule of any foreign government, more than that the people of America at large, had any such thing in contemplation, when they dissolved their political connexion with G. Britain: indeed, a presumption of the kind, is highly improbable and ridiculous.
FROM A LONDON PAPER.
A considerable degree of dissatisfaction is expressed by many persons who go to receive their dividends, now in the course of payment at the bank. The bank deduct the ten per cent. income tax on all sums paid, however small, and the poor man who receives ten, five, three, or even one pound dividend, is forced to leave the tenth part of it behind him. Of course the bank can do no more than they are compelled to do. But there is a great and manifest hardship in the measure. The tax takes place from the 5th April; but 10 per cent. is stopped from the dividend due in June; that is, the person who receives dividends in the 3 per cents. is made to pay half a year's income tax when only a quarter of the year is elapsed. He is made to pay half a year for a quarter. Could not this have been prevented? It might have been in the most simple way; by deducting only what was really due upon the tax, viz. a quarter. But the three per cent. stockholder has not the satisfaction of knowing that he only suffers in general with all other stockholders. The man who receives dividends in the reduced, which are not payable till October, will not pay half a year's tax till half a year is due. The tax therefore will operate justly with respect to him; whereas the three per cent. stockholder, when the Christmas dividends are paid, will have paid a whole year's tax, when only three quarters of a year will actually be due. The case of the holder of imperial annuities is still harder—they have not, many years to run, are about 8 1-2 or 9 years purchase; yet he is to pay 10 per cent. as well as the holder of stock and the receiver of an annuity or dividend upon it, which is to be perpetual. The imperial annuity holder is subject also to another hardship—his half year is really due in April; but from the observance of the ceremony of writing to Vienna, and of waiting to ascertain whether the moiety for paying the annuities be ready there, he does not receive his annuity till July. Had he been paid in April, his annuity would have been paid without stoppage or deduction; but receiving it in July, he has 10 per cent. deduction from it.
The income tax adopted by Mr. Pitt, which Mr. Fox so reprobated, declaring that he never could approve of it, was mildness itself when put in comparison with the income tax adopted by Mr. Fox. We have never opposed the taxes deemed necessary to carry on the war with vigor; but it is impossible not to suspect that the Foxites wish to make the taxes as grinding as possible, in order to dispose the minds of the people to peace; and to submit as a preferable evil, to any terms almost demanded by Bonaparte than to the taxes imposed by Mr. Fox. But the willingness with which the people have borne the burthens of taxation, is a decisive proof of the popularity of the war; and we will tell the Foxites, that the taxes must be much more grinding even than they have made them, before they will induce the nation to submit to any other than a peace upon safe, honorable, and advantageous terms.
LOST A bright Bay HORSE, about 14 1-2 hands high, short bulky tail, some white spots on his back apparently occasioned by the saddle, trots, paces, and gallops; a remarkable lumberer, he was in good keep when lost about three weeks since. The subscriber will pay to the person that shall restore this horse to the possession of Mr. George Baerland, messenger of the Navy Department the sum of 10 Dollars. CH. W. GOLDSBOROUGH. September 26
WASHINGTON CITY. FRIDAY, SEPTEMBER 26.
The last paper we have received from Natchez announces the actual publication of the account of our new western territory by Messrs. Lewis, Clarke, Sibley and Dunbar. The advertisement will give our readers some idea of the interesting nature of its contents. It is as follows:
DISCOVERIES Made in exploring the Missouri, Red and Washita Rivers , and countries adjacent, by Captains Lewis & Clarke , Dr. Sibley , Wm. Dunbar , Esq. and Dr. Hunter ; with an appendix by Mr. Dunbar —never before published. Contents of Captains Lewis & Clarke's Journal.
A STATISTICAL VIEW Of the Indian Nations inhabiting the Territory of Louisiana , and the countries adjacent to its northern and western boundaries, viz. The names of the Indian nations as usually spelt and pronounced in the English language. Primitive Indian names of nations & tribes, English orthography, the syllables producing the sounds by which the Indians themselves express the name of their respective nations. Nick names, or those which have generally obtained among the Canadian traders. Number of warriors. The probable number of souls. The rivers on which they rove, on which their villages are situated. The names of the nations or companies with whom they maintain their principal commerce or traffic. The place at which their traffic is usually carried on. The amount of merchandise necessary for their annual consumption, estimated in dollars at the St. Louis prices.
The species of peltries, furs and other articles which they annually supply or furnish. The species of peltries, furs and other articles which the natural productions of their country would enable them to furnish, provided proper encouragement were given them. The place at which it would be mutually advantageous to form the principal establishments in order to supply the several Indian nations with merchandise. The names of the Indian nations with whom they are at war. The names of the Indian nations with whom they maintain a friendly alliance, or with whom they are united by intercourse or marriage. Miscellaneous remarks.
Dr. Sibley's account contains— HISTORICAL SKETCHES Of the several Indian Tribes in Louisiana, south of the Arkansas river, and between the Mississippi and river Grand.
Mr. Dunbar and Dr. Hunter's Journal contains— OBSERVATIONS Made in a voyage commencing at St. Catherine's landing, on the east bank of the Mississippi, proceeding downwards to the mouth of Red river, and from thence ascending that river, the Black river, and the Washita river, as high as the Hot Springs in the proximity of the last mentioned river.
Contents of Mr. Dunbar's Appendix, Not before published. List of stages and distances on the Red and Washita rivers (in French comput. & leagues) to the Hot Springs. Lists of the most obvious vegetable productions of the Washita country , which are indigenous or growing without cultivation. Notice of certain vegetables, part of which are supposed to be new. Of the medical properties of the Hot Springs. Meteorological observations (corrected from those published) by the addition of the Latitude.
The Tunisian Ambassador, with his suite, sailed from Boston for Tunis on the 17th inst. in the ship Two Brothers , chartered by government for the purpose of taking him home.
We have received a file of London Prints to July 26. They are unusually barren, and contain few articles not already given to the public. They state that there has been a great change at Petersburg in the military for foreign affairs. Lt. Gen. Count Rudeburg has been appointed in the room of prince Czartorinski.
The London Morning Chronicle of the 25th July says, "The influence of France at Constantinople daily increases. The Porte has issued orders, which are strictly enforced, to prevent any ships of war going thro'; and any stores, supplies, &c. by the passage of the Black sea, into the Mediterranean. This privilege, which had been conceded by treaty, has become indispensable to the maintenance of the Russian establishments at Corfu, and the refusal of it must necessarily be resented at St. Petersburg."
A passenger in the Rufus , from Nantz, adds to the other reports prevailing there at the time of his departure, that Louis Bonaparte, king of Holland, had been assassinated.
The under-signed, his Swedish majesty's commercial agent, near the United States of America, requires that the printers throughout the United States, will publish for the information of merchants and others concerned, the following note from his Swedish majesty's grand marshal of the kingdom of Sweden, count de Fersen, dated Stralsund, the 16th May last, with the proclamation referred to, of the 27th of April, do.
RICHARD SODERSTROM. Philadelphia, Sept. 13, 1806.
NOTE. Communicated by order of his Swedish majesty, to the ministers of the allied courts (Russia & G. Britain) accredited near the king. In consideration of the various motives, detailed in the note of the under-signed dated the 27th of April last, he has the honor by the express order of the king his master to inform Mr.
that his majesty has thought it necessary to order out the squadron equip at Charles Crona, for the purpose of blockading all the ports of his majesty the king of Prussia, in the Baltic, from the frontier of the Russian empire, to that of Swedish Pomerania, as also the mouths of the Pregel, Vistula, Oder and Peene.
All that is prescribed in similar cases by the existing treaties, with allied & neutral powers, shall be faithfully observed by the king's squadron, and they shall also find in the tenor of those treaties themselves, valid reasons to justify them in opposing every attempt which may be made to evade the blockade of the coast and ports aforesaid.
Mr. is requested to communicate to his court the contents of this note. The under-signed avails himself of this opportunity to renew the assurance, &c.
(Signed) COUNT DE FERSEN, Grand marshal of the king- dom of Sweden. Stralsund, 6th May, 1806. Mr. Richard Soderstrom, Commercial agent general, Philadelphia.
Alexandria, Sept. 22. At a meeting of the subscribers to the ROAD FROM ALEXANDRIA to the FERRY ON ALEXANDER'S ISLAND, held at Gadsby's tavern, agreeably to notice, 20th September, 1806.
CHARLES SIMMS, Esq. was appointed Chairman. On motion, Resolved, That Charles Alexander, Joseph Riddie, Andrew Scholfield, William Rhodes, and Elisha Janney, be appointed a committee, any three of whom to act, with powers to proceed in opening the said road, agreeably to a plan and survey returned to the court of Alexandria county, in such manner as they may consider most proper, and to appoint a treasurer and collector and to call for the payment of the money subscribed, as the same shall be wanted, and to appoint and employ proper persons to superintend and execute the works necessary to be done on said road—And it is further resolved that the same committee be appointed to solicit further subscriptions in Alexandria and Washington.
CH. SIMMS, Chairman. G. DENEALE, SEC.
Admiral sir Richard Strachan, in the Cesar of 84 guns, arrived off the coast, we understand, on Monday last, having lost his maintopmast.
Norfolk Ledger.
From the Baltimore Federal Gazette of Sept. 23.
Extract of a letter dated "New Orleans, August 22." "By a letter which arrived in town this day, we are informed, that 900 Spaniards have passed over the Sabine river, and stationed themselves within 12 miles of Natchitoches. The American troops are now making preparations to meet them."
Extract of a letter from a gentleman of high respectability, in Wilkinson county, Mississippi Territory, to his friend in this city, dated August 18, 806."
"I have only time to haste to you briefly, that an express has just passed to Natchez from Natchitoches, with dispatches to governor Clairborne, general Wilkinson or our own governor, (perhaps to all of them); he (the express) avows that a Spanish force of eight hundred soldiers, and nearly as many Indians, were on their march for and within a few miles of the Adais, a post 18 miles from Natchitoches, far within our limits, and from which they were last year driven by a party of our troops, under capt. Turner. If this is true and of which there is not a doubt, we shall have a brush; for surely our government will not submit to their occupying a post, from which they have been once driven: Of this, more by the next mail."
From the same to the same, dated Aug. 21.
"I wrote you by last mail, informing you a considerable Spanish force was advancing towards Natchitoches, our western frontier. It is now well ascertained that governor Arara, with about 1000 men, and some Indians, has taken possession of the Adais, a post from which they were driven by captain Turner last year. Gov. Arara has declared to our commandant at Natchitoches (col. Cushing,) that his intention is to take and keep for his king the territory between the Sabine river and the Arago Hondo, (sometimes called the Nododios) about 6 miles from Natchitoches."
Col. Cushing is manoeuvring his troops, and will be joined by col. Kingsbury, and his detachment from Fort Adams; what will there be done it is impossible to conjecture."
Extract from the Orleans Gazette of the 21st August.
By letters received this morning, we learn that the gov. of Texas, with about 900 Spanish troops, had passed the Sabine river, and had advanced within 12 miles of Natchitoches; that major Porter had sent a flag enquiring their intention; their answer was, that they would occupy their former position, and not act on the offensive.
"It is the opinion of the writer, that an action between our troops and them has taken place before this, unless the Spaniards have fallen back."
Philadelphia, Sept. 22. A letter from an officer on board the ship Pekin of this port, dated Leghorn, Aug. 1st, says—"In the Straights of Gibraltar was brought to by 8 Spanish gun boats, examined and dismissed; same time saw them capture two American ships, and take them into Algeciras. July 12, passing Carthagena, we saw the Spanish fleet of six sail of the line chasing two English frigates; and off Toulon, the French fleet of four sail of the line and four frigates, just out from that port."
New York, Sept. 13.
LITERARY INTELLIGENCE. We learn that I. Riley & Co. have now in the press, which they will shortly publish, the translation of a new and very interesting work, which first appeared in Paris, only about two months since. This work is entitled, "A voyage to the eastern part of Terra Firma, or the Spanish Main, in South America, during the years 1801, 1802, 1803, and 1804; containing a description of the Commandery or district of Caraccas, composed of the provinces of Venezuela, Maracaibo, Varinas, Spanish Guiana, Cumana, and the island of Marguareta—with particulars relative to the discovery, conquest, topography, legislation, commerce, finance, inhabitants and productions of those provinces: with a view of the manners and customs of the Spaniards, and of the Indians, both civilized and uncivilized, by F. Depons, late Agent of the French government at Caraccas." This work, which, from our daily increasing commerce and communication with the Spanish colonies, with that of Caraccas, more particularly, would at any time attract in a high degree, the curiosity of the American public, must, we presume, from recent occurrences, be at this moment, peculiarly interesting. We feel desirous to ascertain, from the report of an acute and well qualified observer who has long resided on the spot, the character and other particulars relative to a people with whom our intercourse is already an object of great mercantile importance, and of whom we know at present little more from correct information than we do of the inhabitants of Japan.
Norfolk, Sept. 18. In a part of the last edition of our paper, we gave a hasty account of the destruction of the French line of battle ship L'Impetueux . Since then we have conversed with some of the officers of the French ship, who say, that in a violent gale on the 19th of August, in lat. 26, she was totally dismasted, her rudder broke, water casks stove, and all the powder wet and destroyed; they were obliged to throw all their guns overboard, except the lower tier to keep her afloat. After being in this deplorable state for 23 days, short of provisions and not a drop of fresh water, early on Sunday morning last, they descried two British men of war, a frigate & an armed brig, being then about 12 miles off shore, to the southward of Cape Henry; that sooner to be taken at sea, they immediately made for shore, on which they ran the ship before the British got within shot, having with their colors a signal of distress, also hoisted.
They said that the frigate commenced firing upon them when they were aground, and within a mile of the land, and continued the firing till the colors and the sails were lowered; during this time the two line of battle ships were at anchor within long shot; that the crew of the first boat that came on board from the frigate behaved with much civility, when the marines came they conducted themselves with rudeness; that the captain of the French ship expostulated with them, stating that they were on neutral ground, but to no effect; for after taking out what of the crew that did not jump overboard, they set fire to her, and effectually destroyed her. The Impetueux had near 700 men; those taken on board the frigate had been sent up from Hampton roads, and are now comfortably lodged in the Hospital at Ferry Point.
The Impetueux was one of Willowmeyer's squadron, and of which Jerome was second in command in the Veteran , which ship parted from the squadron in the lat. of New York, 20 or 30 days before the gale, and has never since been heard of. They fell in with the Foudroyant , (the admiral's ship) three days after the gale, totally dismasted, rudder gone, and nearly a wreck; suppose she has got into the Havana. The Casand and Velerouse frigates, belonging to this squadron, are also missing.
Commendation is due to Mr. Myers, who, in hearing of the deplorable situation of the poor fellows who swam on shore, and who were making the best of their way for this place, without clothes, and without victuals, immediately sent carriages, with provisions and clothes, to meet them.
[In addition to the foregoing, we are informed (says the Baltimore Am. Mercantile)]
that a receipt on the score of exchange was requested or demanded of the French Consul, by the English for the delivery of those of the crew of the French ship L'Impetueux , who were sent into Norfolk. The French Consul refused compliance, and declared they could not be considered as prisoners; the attack on the French ship, and the burning of her having taken place within the jurisdiction of the United States; which, it is presumed, he considers illegal.
From Parrish's remarks on the slavery of the Black People.
"It has been frequently asked, "How can the United States get rid of slavery?" This is an important question. The immediate liberation of all the slaves, may be attended with some difficulty, but surely something towards it may now be done. In the first place let the President's plan inserted in his Notes on Virginia, be adopted, fixing a period after which none should be born slaves in the United States, and the colored children to be free at a certain age. This would tend to quiet the minds of the aged, affording the consoling prospect that their offspring in a future day will enjoy the blessings of liberty; and let no legal barrier remain to prevent individuals freeing their slaves at pleasure, and thus in due time, a gradual emancipation would take place and be fully completed. The Spanish mode for the gradual abolition of slavery, is praiseworthy. They are registered in a book provided for the purpose, and one day in each week allowed them as their own: When they have earned a stipulated sum, another day in the week is added; thus going on, they have opportunity of acquiring as much as will purchase their entire freedom; which, at the same time that it accomplishes the desired end, renders them more industrious, and prompts them to commendable economy.
It is with pleasure observed with what persevering zeal the Quakers or Friends have maintained the importance of general liberty; and the remarks of Judge Tucker, in concurrence with this design, in his dissertation on the subject of slavery, in 1796, deserve to be read. The glorious effort of Mr. Fox, in England, will ensure him immortality.
MASONIC HALL.
The brethren at Lodges No. 15 and 35 are requested to meet the master and Wardens of their respective Lodges at their Lodge Room on Sunday the 28th inst. at 9 o'clock, A. M. from whence they will proceed to the Baptist church, when a sermon will be delivered by the Rev. Brother Elliott.
N. B. The company of all regular Masons is requested. By order of the Lodges. Sept. 26.
NOTICE.
ON the 15th day of October next, at the UNION Tavern in George Town—will be sold, the whole of the personal estate of CHARLES M'LAUGHLIN, deceased, consisting of Beds, Bedding, Chairs, Tables, Looking glasses, Negroes, Horses, Stages, Cows, Hogs, &c. &c. agreeably to an order of the Orphan's Court of Washington county. The terms of sale are, all sums not exceeding 20 dollars cash, for all sums above 20 dollars a credit of six months, the purchaser giving note with approved endorsers, interest to be included from the day of sale. P. M'LAUGHLIN, Adm. September 26—2w
GOSHEN FARMS FOR RENT.
I WILL lease for one or more years, three Goshen Farms, situated in Montgomery county. One of them containing 300 acres, a proportion of which is heavily timbered, and about 30 acres of Meadow Ground, that may with a little trouble, be made very valuable. The improvements on said farm are, a Dwelling House, Tobacco House, a large Barn, Stables and other Out Buildings, with the advantage of a valuable young apple Orchard. The other Farm contains about 220 acres, with a proportion of Wood and Meadow Ground. On this farm is a Dwelling House and other Out Buildings; ALSO, three valuable apple Orchards of the most choice fruit. The above Farms are well watered, and beautifully situated (adjoining a Merchant Mill) distant 7 miles from the capital of Montgomery county, 41 from George Town and the City of Washington, 30 from Baltimore, and immediately on the public road leading from the Monocacy to that city. For terms apply to R. M. BOYER, George Town, District of Columbia, September 1 (26.) 1806—4: 4
LOST.
Supposed to be stolen on the 16th inst. a BLACK MARE, 4 years old nearly 16 hands high, she has a long blaze, down her top lip—her under lip and all four feet are white, with many white hairs, on each side, under the Tail which is rather short docked and thin of hair. She has a small black spot on each fore foot, near the hoof—has been used mostly in the collar and moves rather heavily. Whoever will take up the said Mare shall receive 20 dollars, or 10 dollars for delivering the mare to me. Charles Minifie. Washington city, near the Eastern Branch bridge. Sept. 26.—tf

500 DOLLARS REWARD.
It appears that MILES WALKER and EDWARD MADDY put two letters into the Post Office at Philadelphia on the 30th and 31st of July last, addressed to Mrs. JAMES & JOHN LESTER at Petersburg, Virginia, each letter containing some dollars in bank notes, which have probably been stolen from the mail. Whoever will discover and prosecute the thief or thieves to conviction shall be entitled to the above reward.
GIDEON GRANGER, Post Master General.
General Post Office, September, 22, 1806.
One of the notes transmitted in the letter of the 31st of July, has been found in circulation, it is probable that others are also circulated; any person who may have either of the notes mentioned in the following list is requested to advise the Post Master General of it, mentioning any circumstances that may enable him to trace the subject.
List of Bank Notes remitted the 30th of July, 1806.
   VIRGINIA BANK NOTES.    A 674 July 22, 1806 550  B 51 October 1, 1804 200  A 93 February 14, 1805 100  B 450 November 12, 1804 100  A 102 March 17, 1806 50  A 1743 October 8, 1804 20  C 2326 June 10, 1805 20  A 1925 January 30, — 20  A 2452 March 9, — 20  A 1330 October 2, 1804 20  B 304 October 1, — 20  A 2690 November 12, 1806 20  B 3136 October 2, 1804 20  C 1002 January 19, 1805 10  A A 1295 December 3, — 10  A 165 October 2, 1804 10  B 412 October 15, — 10  C 1333 March 16, 1805 10  D 1857 December 3, — 10  A 626 November 26, 1804 10  A 1831 December 3, 1805 10  D 191 October 2, 1804 10  A 909 March 3, 1805 5  — 768 January 14, — 5  — 914 March 5, — 5  D 800 January 14, — 5  B 1907 February 7, 1806 5  C 546 November 16, 1804 5  
Virginia Fredericksburg Branch Bank
   NOTES.    D 612 April 6, 1805 50  A 1135 April 2, — 50  D 1121 — 20  C 1954 Dec. 4, — 20  — 1840 Aug. 3, — 20  D 1624 — 20  B 3007 March 12, 1806 10  — 2894 Jan. 15, — 10  D 117 Feb. 7, 1805 10  A 2284 Aug. 6, — 10  — 8064 March 12, — 10  C 2404 Nov. 14, — 10  D 2752 Dec. 16, — 10  — 2876 Jan. 13, 1806 10  C 1197 July 17, 1805 5  A 2244 April 28, 1806 5  
Virginia Petersburg Branch Bank
   NOTES.    A 773 July 7, 1805 50  — 809 March 2, — 20  C 1154 March 6, — 10  — 888 March 3, — 10  B 696 March 3, — 10  A 1703 May 14, — 10  B 364 April 19, — 5  — 561 — 5  
Virginia Norfolk Branch Bank Notes.
   NOTES.    A 1075 April 1, 1805 30  D 779 March 6, — 20  B 835 March 7, — 20  — 909 March 8, — 20  D 3320 April 4, 1806 10  B 1958 May 17, 1805 10  A 2103 April 4, 1806 5  
Alexandria Bank Notes.
   NOTES.    42 October 22, 1802 50  46 — 100  765 June 20, 1804 100  
Bank of Potomac.
   NOTES.    F 287 December 4, 1804 100  
Partners Bank of Maryland.
   NOTES.    D 477 October 10, 1805 5  
LIST OF BANK NOTES REMITTED 31ST OF JULY, 1806.
   VIRGINIA BANK NOTES.    A 1978 Feb. 7, 1806 5  D 980 March 5, 1805 5  A 1992 Dec. 12, 1805 10  B 2309 May 2, 1806 10  — 860 Jan. 4, 1805 10  — 634 Nov. 26, 1804 10  — 1023 Jan. 19, 1805 10  — 2286 March 24, 1806 10  C 1479 March 17, 1805 10  — 632 Nov. 26, 1804 10  — 1543 April 14, 1805 10  D 1825 Dec. 3, — 10  — 921 Jan. 10, — 20  A 1101 Oct. 2, 1804 10  — 618 Oct. 4, — 20  — 339 Oct. 1, — 20  — 2699 Nov. 14, 1805 20  B 944 Oct. 9, 1804 20  — 1714 Oct. 8, — 20  D 2397 March 12, 1805 20  B 1229 June 14, 1805 100  
Virginia Petersburg Branch Bank
   NOTES.    B 1006 July 6, 1805 5  C 683 March 1, — 10  — 903 March 4, — 10  C 2128 Jan. 14, 1806 20  B 1862 August 3, 1805 20  A 182 Feb. 7, — 100  C 772 May 7, — 100  B 857 July 6, — 100  A 163 Feb. 7, — 100  D 819 July 6, — 100  A 784 May 7, — 100  — 662 May 6, — 100  — 796 May 7, — 100  — 380 Feb. 9, — 100  D 303 Feb. 9, — 100  — 163 Feb. 7, — 100  — 339 Feb. 9, — 100  B 786 May 7, — 100  
Virginia Fredericksburg, Branch Bank
   NOTES.    B 2237 August 6, 1805 10  — 2410 Nov. 14, — 10  C 163 Feb. 7, — 10  D 2095 Jan. 15, 1806 10  A 1766 July 17, 1805 20  B 92 Feb. 6, — 100  
Virginia Norfolk Branch Bank Notes.
   NOTES.    A 570 March 2, 1805 100  B 137 April 15, — 5  D 1227 March 7, — 10  — Sept. 24—6t  
FIVE DOLLARS REWARD.
STRAYED from the Commons near the Navy Yard, on Saturday evening last, A ROAN HORSE , about 12 hands high, has a blaze on his face, fore legs white to his knees, hind legs white to his knees and a streak of white from that to his hocks, he is hooded before and has a switch tail. Any person taking up said horse and delivering him to Dr. McWilliams near the Navy Yard, or secure him that he may be got shall receive the above reward.
September 24—3t
Prince George's county, H.
On the 17th day of September 1806, THOMAS ROSS brought before the Subscriber, two stray HORSES, one a dark Bay 15 hands high, about 9 or 10 years old, the other a light Bay nearly the same size, and about 15 hands high, neither of which horses have any perceivable brand or other flesh marks.
Given under my hand the day and year aforesaid.
GABRIEL P. VANHORN.
The owner is requested to prove property, pay charges and take them away.
RICHARD ROSS. September 24—3t
EDUCATION.
THE Subscriber , late a Professor in St. John's College, Annapolis, respectfully informs the inhabitants of Upper Marlboro' and the friends of learning generally, that he INTENDS TO OPEN A SCHOOL in this town, on Monday the 24th inst. for the education of Young Gentlemen, who will be instructed in the different
 Greek and Latin Authors,  Roman and Grecian History,  English Grammar,  Reading, Writing, Arithmetic, &c.  He hopes from his long experience as a public teacher, to meet with the support of a generous public. The subscriber will board in his family young gentlemen—Terms for five days in the week 100 DOLLARS. For contingent boarders 120 DOLLARS per annum, bed and bedding being supplied by their parents—Terms of tuition for Greek and Latin, Ten Guineas—for English, &c. Ten Pounds per annum, one Dollar for House rent and half a cord of fire-wood. HUGH MAGUIRE. Upper Marlboro' Sept. 24—4w
BANK OF COLUMBIA.
The Board of Directors having this day declared a dividend for the half year, ending the 20th. inst. at the rate of Eight per cent. per annum. The same will be paid to the Stockholders or their representatives any time after Saturday the 20th. inst.  WM. WHANN Cashr. Sept. 19th.
JUST RECEIVED,
FROM PHILADELPHIA, And now opening at D. RAPER'S BOOKSTORE, CAPITOL HILL, DR. REES' NEW CYCLOPEDIA, VOL. I. PART II.
Gentlemen who have patronised the work will please send for their copies.  Entirely new type of the Press of the Crown, 2 vols.  Reports, vols. 5 and 6.  Flowden's history of Ireland, 5 vols.  The Secret history of the Court and Cabinet of St. Cloud.  Conversations on Chemistry.  The Mariner's Chronicle, being a collection of the most interesting narratives of shipwrecks, fires, famines, &c. vols. 1, and 2.  And a great variety of other late and valuable publications, all which will be sold at reasonable prices.  September 15—5t
50 Dollars Reward.
RAN AWAY from the subscriber, on the 20th ult. MULATTO JOE . Joe is a stout well made dark mulatto fellow, 5 feet 9 or 10 inches high, about 30 years of age—has several large scars on his hands and body, lips a little Mad on and took with him, a tow linen shirt & trowsers, one pair of nankin trowsers, also one old fur-trimmed coat and old hat much worn. Joe can write a tolerable good hand, & has run away before, when he was taken up & put in the Fredericksburg town jail & sold out by George Granger in 1805. Any person taking up said fellow, and securing him in any jail so that I get him again, shall receive if taken within the county, 50 dollars, and if out of the county the above reward. If brought home all reasonable charges will be paid by the subscriber living in Frederick county, Md. near New Market.  SINGLETON BURGE.  N. B. I forewarn all persons from harboring or carrying off said fellow at their peril.  P. S. Joe ran off in company with a fellow named Adam and they were both lately advertised together; since which Adam has been taken and secured in the jail of York, (Pa.) Joe went in the same direction, and will probably make for Philadelphia, and endeavor to get on board some vessel and go to sea.  Sept. 12—cutf
ELIAS B. CALDWELL,
ATTORNEY AT LAW,  HAS removed his Office, to the house lately occupied by Mr. Law, on Capitol Hill, Washington, July 26—3t
WANTED IMMEDIATELY.
As an apprentice to the Druggist business —an active lad, of about fifteen years of age—one who has some knowledge of the business, or who has been accustomed to attend to a store would be preferred.  Enquire of the Printer. Sept. 15—tf
LEONARD TOWN JOCKEY CLUB RACES.
On the 2nd and Tuesday in October next, a PURSE of Forty Guineas will be run for over a handsome course—beats four miles, free for any horse, mare, or gelding, agreeable to the rules of the Club, & on the following day a Purse of 20 Guineas will be run for over same course, heats two miles, free as aforesaid, only excepting the winning horse of the preceding day.  By order of the Club, E. J. MILLARD, Sec. Sept. 2—epr
THE SUBSCRIBER
HAS just supplied his shop in F street with a complete assortment of fresh Medicines & Drugs , among which are Spermaceti & Linseed oils—also Paints of every description.  THOMAS PATTERSON. Washington city, June 22—tf
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 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. Burnaby, 12th June 1805—tf
TO RENT,
THE COMMODOIOUS BRICK STORE near the CAPITOL, now in the occupation of Messrs. P. HEALY & Co.  Possession to be given on the 1st of May. Enquire of Frederick May. March 28—tf
Lots in Washington for Sale.
I will sell by public sale to the highest bidder at Rood's tavern in the city of Washington on Wednesday the 1st of October next at 11 o'clock, A.M. LOTS numbers 13 and 14 in square No. 321 in said city. These lots lie at a very little distance from the Branch Bank.  Six months credit will be given. The payment to be secured by notes negotiable at the bank of Columbia satisfactorily endorsed.  JOHN MURDOCH. Georgetown, September 3—tdof
50 DOLLARS REWARD.
STOLEN out of the subscriber's pasture in Loudoun county in the night of the 20th June, a bright BAY MARE with a bald face, the left hind foot white, the right hip a little lower than the other, a mark like a seam down the hoof of the right hind foot, and is different in shape from the other; about 15 hands and 1 1/2 high, three years old last spring, a natural trotter, had on when she was taken three fleeces. Whoever will apprehend the thief and secure the mare so that the owner may get her again and the felon brought to conviction, shall have the above reward or for the mare only twenty-five dollars and all reasonable charges.  WILLIAM NICHOLS. Loudoun county, Vir. July 11—3m
CHARLES H. VARDEN,
Merchant Taylor, New Jersey Avenue, near the Capitol.  RESPECTFULLY informs the gentlemen of the district of Columbia, that he has received by late arrivals at Philadelphia from London, a fresh supply of the best superfine cloths, cashmeres, &c. with a choice assortment of plain nankins, cotton cashmeres, India nankins, blue and yellow, fashionable Trafalgar white and fancy Mercilles, with a variety of other articles suitable for the summer.  N. B. Ladies habits, regimentals, and navy uniforms made in the first style of fashion.  Richard Harwell's new invented patent elastic suspenders, which are far superior to any heretofore in use, can be had on the same terms as at his manufactory.  June 23—tf
District of Columbia, Washington County, ss.
IN the case of BENJAMIN BURCH an insolvent debtor confined in the prison of Washington county aforesaid for debt, notice is therefore given to the creditors of the said BENJAMIN BURCH that on Monday the 29th instant at the Capitol, in the court room at the hour of 10 o'clock A. M. the oath prescribed by the act of Congress, entitled "An act for the relief of insolvent debtors within the district of Columbia" will be administered to the said Benjamin Burch & a trustee appointed unless sufficient cause be then and there shown to the contrary.  It is ordered that this notice be published twice in a newspaper printed in the city of Philadelphia and twice in a newspaper printed in Baltimore before the 23d inst. and in the National Intelligencer and Washington Federalist three times before the 29th instant.  By order of the hon. Wm. Cranch chief judge of the circuit court of the district of Columbia.  WM. BRENT, CLK. September 19—3t