The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1807-02-25 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
Vol. VII.
WASHINGTON CITY, PRINTED BY SAMUEL BARRETT SMITH, PENNSYLVANIA AVENUE.
No. 993.
FIVE DOLLARS PER ANNUM.
WEDNESDAY, FEBRUARY 25, 1807.
PAID IN ADVANCE.
National Intelligencer.
Opinion of Justice JOHNSON, on the motion for a HABEAS CORPUS in the case of UNITED STATES, vs. SWARTWOUT & BOLLMAN.
In this case I have the misfortune to dissent from the majority of my brethren. As it is a case of much interest, I feel it incumbent upon me, to assign the reasons, upon which I adopt the opinion, that this court has not authority to issue the writ of Habeas Corpus now moved for. The prisoners are in confinement under a commitment ordered by the superior court of the district of Columbia, upon a charge of high treason. This motion has for its object, their discharge or admission to bail, under an order of this court, as circumstances upon investigation shall appear to require. The attorney general having submitted the case without opposition, I will briefly notice such objections as occur to my mind against the arguments used by the counsel for the prisoners.
Two questions were presented to the consideration of the court. 1st. Does this court possess the power generally of issuing the writ of Habeas Corpus? 2d. Does it retain that power in this case, after the commitment by the district court of Columbia? In support of the affirmative of the first of these questions two grounds were assumed. 1st. That the power to issue this writ was necessarily incident to this court as the supreme tribunal of the union.
2dly. That it is given by statute, and the right to it has been recognized by precedent.
On the first of these questions it is not necessary to ponder long, this court has uniformly maintained that it possesses in its original jurisdiction of power over what is given it by the constitution and laws of the United States, or is necessarily incident to the exercise of those expressly given.
Our decision must then rest wholly on the due construction of the constitution and laws of the Union, and the effect of precedent, a subject which certainly presents much scope for close legal enquiry, but very little for the play of a chastened imagination.
The first section of the third article of the constitution vests the judicial power of the United States, in one supreme court, and in such inferior courts as the Congress may from time to time establish. The second section declares the extent of that power and distinguishes its jurisdiction into original and appellate.
The original jurisdiction of this court is restricted to cases affecting ambassadors, or other public ministers, and consuls, and those in which a state shall be a party. In all other cases within the judicial powers of the union, it can exercise only an appellate jurisdiction. The former it possesses independently of the will of any other constituent branch of the general government. Without a violation of the constitution, that division of our jurisdiction can neither be restricted or extended. In the latter its powers are subjected to the will of the legislature of the Union, and it can exercise appellate jurisdiction, in no case unless expressly authorised to do so by the laws of Congress. If I understand the case of Marbury and Madison, it maintains this doctrine in its full extent. I cannot see how it could ever have been controverted.
It is incumbent then, I presume, on the counsel in order to maintain their motion, to prove that the issuing of this writ is an act within the power of this court in its original jurisdiction, or that in its appellate capacity, the power is expressly given by the laws of Congress.
This it is attempted to do, by the fourteenth and thirty third sections of the judiciary act, and the cases of Hamilton and Burford, which occurred in this court, the former in 1795, the latter in 1806.
How far their position is supported by that act and those cases, will now be the subject of my enquiry.
With a very unnecessary display of energy and pathos, this court has been imperatively called upon to extend to the prisoners the benefit of precedent. I am far, very far, from denying the general authority of adjudications. Uniformity in decisions is often as important as their abstract justice. But I deny that a court is precluded from the right or exempted from the necessity of examining into the correctness or consistency of its own decisions or those of any other tribunal. If I need precedent to support me in this doctrine, I will cite the example of this court, which in the case of the United States, vs. Moore, February 1805, acknowledged that in the case of the U. States, vs. Sims, February 1803, it had exercised a jurisdiction it did not possess. Strange indeed would be the doctrine, that an inadvertency once committed by a court shall ever after impose on it the necessity of persisting in its error. A case that cannot be tested by principle is not law, and in a thousand instances
have such cases been declared so by courts of justice.
The claim of the prisoners as founded on precedent stands thus. The case of Hamilton was strikingly similar to the present. The prisoner had been committed by order of the district judge on a charge of high treason. A writ of Habeas Corpus was issued by the Supreme Court and the prisoner bailed by their order. The case of Burford was also strictly parallel to the present; but the writ in the latter case having been issued expressly on the authority of the former, it is presumed that it gives no additional force to the claim of the prisoners, but must rest on the strength of the case upon which the court acted.
It appears to my mind that the case of Hamilton bears upon the face of it evidence of its being entitled to little consideration, and that the authority of it was annihilated by the very able decision in Marbury vs. Madison. In this case it was decided that Congress could not vest in the supreme court any original powers beyond those to which this court is restricted by the constitution. That an act of Congress vesting in this court the power to issue a writ of Mandamus in a case not within their original jurisdiction, and in which they were not called upon to exercise an appellate jurisdiction, was unconstitutional and void. In the case of Hamilton the court does not assign the reasons on which it found its decision, but it is fair to presume that they adopted the idea which appears to have been admitted by the district attorney in his argument, to wit: That this court possessed a concurrent power with the district court in admitting to bail. Now a concurrent power in a case of treason as to the issuing of a Mandamus in a case not more remote from the original jurisdiction of this court. Having thus disembarrassed the question from effect of precedent, I proceed to consider the construction of the two sections of the judiciary act above referred to.
It is necessary to premise that the case of treason is one in which this court possesses neither original nor appellate jurisdiction. The 14th section of the judiciary act, so far as it has relation to this case is in these words: "All the beforementioned courts (of which this is one) of the U. S. shall have power to issue writs of Scire Facias, Habeas Corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law." I do not think it material to the opinion I entertain, what construction is given to this sentence. If the power to issue the writs of Scire Facias and Habeas Corpus, be not restricted to the cases within the original or appellate jurisdiction of this court, the case of Marbury and Madison rejects the clause as unavailing; and if it relate only to cases within their jurisdiction, it does not extend to the case which is now moved for. But it is impossible to give a sensible construction to that clause without taking the whole together—it consists of but one sentence—intimately connected throughout, and has for its object the creation of those powers which probably would have vested in the respective courts, without statutory provision as incident to the exercise of their jurisdiction. To give to this clause the construction contended for by counsel, would be to suppose that the legislature would commit the absurd act of granting the power of issuing the writs of Scire Facias and Habeas Corpus, without an object or end to be answered by them. This idea is not a little supported by the next succeeding clause in which a power is vested in the individual judges to issue the writ of Habeas Corpus, expressly for the purpose of enquiring into the cause of commitment. That part of the thirty third section of the judiciary act, which relates to this subject is in the following words: "And upon all arrests in criminal cases, bail shall be admitted, except where the punishment is death, in which cases it shall not be admitted but by the supreme or a circuit court, or by a justice of the supreme court, or a judge of a district court, who shall exercise their discretion therein, regarding the nature and circumstances of the offence, and of the evidence, and usage of law."
On considering this act it cannot be denied that if it vests any power at all, it is an original power. "It is the essential criterion of appellate jurisdiction that it revises and corrects the proceeding in a cause already instituted." I quote the words of the court in the case of Marbury vs. Madison.
And so far is this clause from giving a power to revise and correct, that it actually vests in the district judge the same latitude of discretion by the same words, that it communicates to this court. And without derogating from a respectability which I must feel as deep an interest in maintaining as any member of this court, I must believe that the district court or any individual
district judge possesses the same power to revise our decision, that we do to revise theirs; nay more, for the powers with which they may be vested are not so particularly limited and guided by the constitution as ours are. Should we perform an act which according to our own principle we cannot be vested with power to perform, what obligation would any other court or judge be under to respect that act? There is one mode of construing this clause, which appears to me to remove all ambiguity, and to render every part of it sensible and operative. By the consent of his sovereign, a foreign minister may be subjected to the laws of the state near which he resides. This court may then be called upon to exercise an original criminal jurisdiction. If the power of this court to bail, be confined to that one case, redendo singula singulis , if the power of the several courts and individual judges be referred to their respective jurisdictions, all clashing and interference of power ceases, and sufficient means of redress are still held out to the citizen, if deprived of his liberty. And this surely must have been the intention of the legislature, it never could have been contemplated that the mandates of this court should be borne to the extremities of the states to convene before them every prisoner, who may be committed under the authority of the general government. Let it be remembered that I am not disputing the power of the individual judges who compose this court to issue the writ of Habeas Corpus. This application is not made to us as chambers, but to us as holding the supreme court of the United States—a creature of the constitution and possessing no greater capacity to receive jurisdiction or power than the constitution gives it. We may in our individual capacities, or in our circuit courts be susceptible of powers merely ministerial and not inconsistent with our judicial characters, for on that point the constitution has left much to construction; and on such an application the only doubt that could be entertained would be, whether we can exercise any power beyond the limits of our respective circuits. On this question I will not now give an opinion. One more observation and I dismiss the subject.
In the case of Burford, I was one of the members who constituted the court. I owe it to my own consistency to declare that the court were then apprized of my objections to the issuing of the writ of Habeas Corpus. I did not then comment at large on the reasons which influenced my opinion, and the cause was this: The gentleman who argued that cause confined himself strictly to those considerations, which ought alone to influence the decisions of this court. No popular observations on the necessity of protecting the citizen from executive oppression, no animated address calculated to enlist the passions or prejudices of an audience in defence of his motion, imposed on me the necessity of vindicating my opinion. I submitted in silent deference to the decision of my brethren.
In this case, I feel myself much relieved from the painful sensation resulting from the necessity of dissenting from the majority of the court, in being supported by the opinion of one of my brethren, who is prevented by indisposition from attending.
We are indebted, for the interesting information contained in the two following letters, to Dr. Mitchell of the Senate, to whom they were addressed:—the first from Mr. B. D. Warden, Secretary to the American legation, dated Paris, Oct. 15; and the last from President Meigs, dated Athens, Geo. Jan. 24.
Paris, October 15, 1806.
Sir, I beg leave to inform you, that Mr. Godon, of Versailles, a very distinguished mineralogist and chemist, proposes to emigrate to the United States, and seems to prefer the city of New York, as a place of residence. His plan is, if encouraged, to give, during the winter season, a course of lectures on mineralogy. In summer, he proposes to take a mineralogical survey of the country, and to collect, and analyse specimens of fossils. Those he would designate and arrange, according to the best method, for the use of the state; provided the legislature is pleased to patronise his undertaking.
"If the trustees of Columbia college have a desire to promote a knowledge of this useful branch of science, they might appoint him Professor. As Mr. Godon is the proprietor of a small estate in this country, which affords him a decent subsistence, he would be contented with a very moderate salary."
"I have heard Messrs. Vauquelin, Delametherie, and other chemists, deliver the most favorable opinion of the talents of Mr. Godon, which are as clearly marked in several other sciences, as in those he proposes to teach. His political creed is sound and rational. In his morals he is irreproachable."
"As your labors, sir, are so often, and so happily directed to the improvement of chemistry and its collateral branches, I trust this project will interest you."
Will you have the goodness to give Mr. Godon your advice, and to inform him what support he may expect. If your reply be favorable, he will embark for New-York, in the course of the ensuing spring.
"I embrace this opportunity of transmitting, for your inspection, a bit of a metallic substance, of which there is a vein of considerable dimensions, at Sagheries, near Eropus. It is sulphur of antimony, as you will perceive; and, although found several feet below the surface of the earth, and certainly not exposed to fire since it was taken from the mine, several French chemists, and particularly Mr. Godon, who analysed it, thinks that it has undergone some insible process."
"As this substance is employed in the formation of printing types, in pharmacy, and in the art of dying; and, as much of it is imported, yearly, from France, into the United States, it might be useful to examine the vein. I cannot describe the particular spot, but some of the inhabitants of the village (Sagheries) can doubtless point it out."
"I gave the Abbe Nauy an extract from the Medical Repository concerning the Columbium , said to be found in the United States. If procured, you could not do him a greater favor than by sending him a specimen."
"I find many mineralogists here doubt its existence."
"It may not be uninteresting to you to mention, that Mr. Vauquelin has lately discovered that iron stones contain a portion of chrome, which substance was found in the meteoric stones, and was supposed to render them nickel . He has not as yet detected Nickel. This discovery may have considerable influence over the opinion concerning the formation of meteoric stones. It appears, that the iron stone of Siberia, discovered by Pallas, gives the same result, by analysis, as the meteoric stones."
Athens, Jan. 24, 1807.
"The last year was very dry in some parts of our state, but on the whole the crops of corn, cotton, &c. were very abundant. It was an unusually healthy year. A few days before the great tempest, in which the ship Rose in Bloom, from Charleston to New York, suffered, we had a remarkably brilliant halo around the sun. The weather with us was serene in the latter part of August and through the month of September generally—but there was a peculiarity of meteorological character, worth noticing."
"Several times from a perfectly clear sky insulated clouds would pour down a whirl of great violence, but of short continuance. On the 7th of September, one of those fell, I verily believe, almost perpendicularly on this place—several trees were blown down, and my house was shaken so as to excite serious alarm. In fact, the sky during three weeks, frequently exhibited the characteristics of that of the latitude of the Cape of Good Hope, as described by St. Pierre, in Etudes de la Nature ."
"I have found in this neighborhood very good Manganese and martial pyrites . There is abundance of both. The Manganese exhibits in its fracture groups of protuberances, intermixed with delicate striae, sometimes laying parallel—and at other times diverging as radii from a center."
"There is a gradual improvement in the vegetable products of our gardens and fields. This country will one day be as beautiful as any part of Italy. At present the culture of cotton presents such a facility to the acquisition of money, that this people scarcely think of anything but the necessary quantity of corn and pork. I have seen the white clover in as great perfection here as in any other place. We shall, beyond a doubt, drink our own wine here one hundred years hence. The vine of various species grows every where, and in all exposures from the edge of the rivers and branches to the rocks on the ridges."
"I am an idle correspondent and idle only—for I am delighted to see your name addressed to me, if it be only on a newspaper. If I love any thing on earth I love the approbation of the wise, the benevolent and the good."
"We have had intensely cold weather. On the 19th it was 2 above 0. I never before saw it lower than 6 above 0."
"We had a snow on the 18th, of about 6 inches. It yet whitens the hills, and the weather is cold."
LETTER
From General Kosciusko to the Poles.
Brave countrymen!—At the sound of arms, which once more resounds in Poland, Kosciusko flies into the midst of you; it is no longer Barbarians in search of plunder, which advance into our plains; it is no longer those ferocious men who come to divide our fields, and insult our weakness, after having fattened themselves on our misfortunes and our blood. By their valour, by their triumphs, by the thundering eagle,
which soars before them, you will know the unconquerable legions which have illustrated the four quarters of the globe by their victories; who have, in one campaign, annihilated the united power of two vast empires; and who have, in one week, crumbled into dust a throne raised by an age of successes, the work of Frederick and all his old generals.
Thus has the destiny of Napoleon decreed, who destroys and makes kings, who falls with the rapidity of lightning on his enemies, and who knows how, by the force of his arm, and the conception of his genius, to raise up nations, bowed down under the yoke of a frightful policy.
Poles, thousands amongst you have followed the first general of Europe, in the defiles of Italy. Your battalions have rallied with the army of the brave—Napoleon comes to you; his eye observes you; he brings into the bosom of Poland those Frenchmen, amongst whom we have found a second country, who have collected the wrecks of us in their camps; who, treating us as brothers, have concealed our misfortunes under their laurels; these generous Frenchmen, in the midst of which Kosciusko has ceased to believe himself proscribed, before whom he has at last been able to raise up with a sentiment of coalition, and perhaps of pride, his vanquished but not dishonoured head, and amongst which he has been permitted to entertain the love of his country and the hope of its future liberty.
Dear countrymen, all you who have banished from your paternal soil, have remained Poles in a foreign land, and you, on the contrary, who having become strangers in the bosom of Poland, have remained faithful to your brothers and the country, rise up, it is time, the grand nation is before you; Napoleon regards you and Kosciusko calls you.
See Europe shaken to her ancient foundations, hastening at the voice of genius to re-construct the social edifice, and to immortalise the nineteenth century, by new creations and new titles to glory. See how the yoke of the tyrant of the seas, of the enemy of the repose of Europe, is breaking to pieces on every coast; every where the people rise up sheltered by monarchies constituted by the laws; every where the oppressed nations march towards their independence. Poles, what is wanting yet to inspire you and render you to yourselves? Without doubt you are the children of those heroes who saved Europe from the yoke of the Musselman—your hearts shall burn with the fire which filled with esteem and fright even your enemies' conquerors.—Because they have divided you, you should be more united by blood, by language, by misfortune, and by every thing which is most dear and most sacred amongst men.
If Poland has been effaced from the political chart, she exists still entire in the hearts of her children. If abandoned by France, and having only for our support the justice of our cause and our valor, we were able to balance fortune between us and three empires, who united themselves to oppress us; what triumph shall appear doubtful, when the conqueror of the triple alliance has freed your frontiers, when the man of destiny has cast his views on you—do you not feel in his presence your blood quicken in your veins? Do you not now see the shades of so many heroes who have died fighting for you, press around him and implore vengeance? Hear their groans, hear the voice of the country who demands from us its glory and independence.
Poles, escaped by a miracle from the sword of your assassins, from the chains of your tyrants, I have collected you, I have brought with me the last sighs of a dying country, full of confidence; this day I will make her last wishes resound amongst you—I go to see that paternal land which my arm has defended, which my blood has reddened, and which I will cover on seeing it with tears and kisses. Unfortunate friends who I have not been able to follow to the tomb, dear and brave patriots, &c. I have been a prisoner, I have only been with the hope of avenging you—I return to break your fetters.
Sacred remains of my country, I salute you with an holy enthusiasm, I unite myself to you never to be separated. Worthy of the grand man, whose arm is raised for us. Worthy Poles, who hear my voice, I will aid to raise up my country and to fix her future prosperity on a stable basis; was the name of country no more to my compatriots than a word without meaning, then I would escape from my misfortunes and the common shame, and bury myself under the noble wrecks of Poland.
But no! Days glorious to Poland are about to appear, fortune has not conducted Napoleon and his invincibles, on the borders of the Vistula, to leave there no traces, we are under the Egis of a monarch, who combats difficulties with prodigies, the re-establishment of Poland is an event too glorious for this eternal master of all things not to have reserved it for him.
KOSCIUSKO.

The prisoners having been brought before this court on a writ of Habeas Corpus, and the testimony on which they were committed having been fully examined and attentively considered, the court is now to declare the law upon their case.
This being a mere enquiry which, without deciding upon guilt, precedes the institution of a prosecution, the question to be determined is whether the accused shall be discharged or held to trial, and if the latter, in what place they shall be confined, or admitted to bail. "It" says a very learned and accurate commentator, "upon this enquiry it manifestly appears that no such crime has been committed, or that the suspicion entertained of the prisoner was wholly groundless, in such cases only it is lawful totally to discharge him. Otherwise he must either be committed to prison or give bail."
The specific charge brought against the prisoners is treason in levying war against the U. S. As there is no crime which can more excite and agitate the passions of men than treason, no charge demands more from the tribunal before which it is made a deliberate and temperate enquiry. Whether this enquiry be directed to the fact or to the law, none can be more solemn, none more important to the citizen or to the government - none can more affect the safety of both.
To prevent the possibility of those calamities which result from the extension of treason to offences of minor importance, that great fundamental law which defines and limits the various departments of our government has given a rule on the subject both to the legislature and the courts of America which neither can be permitted to transcend.
"Treason against the U. S. shall consist only in levying war against them, or in adhering to their enemies giving them aid and comfort."
To constitute that specific crime for which the prisoners now before the court have been committed, war must be actually levied against the U. S. States. However flagitious may be the crime of conspiring to subvert by force the government of our country, such conspiracy is not treason. To conspire to levy war, and actually to levy war, are distinct offences. The first must be brought into operation by the assemblage of men for a purpose treasonable in itself, or the fact of levying war cannot have been committed. So far has this principle been carried that, in a case reported by Ventris, and mentioned in some modern treatises on criminal law, it has been determined that the actual enlistment of men to serve against the government does not amount to levying war. It is true that in that case the soldiers enlisted were to serve without the realm, but they were enlisted within it, and if the enlistment for a treasonable purpose could amount to levying war, then war had been actually levied.
It is not the intention of the court to say that no individual can be guilty of this crime who has not appeared in arms against his country. On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force, a treasonable purpose, all those who perform any part, however minute or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors. But there must be an actual assemblage of men for the treasonable purpose, to constitute a levying of war.
Crimes so atrocious as those which have for their object the subversion by violence of those laws and those institutions which have been ordained in order to secure the peace and happiness of society, are not to escape punishment because they have not ripened into treason. The wisdom of the legislature is competent to provide for the case; and the framers of our constitution who not only defined and limited the crime, but with jealous circumspection attempted to protect their limitation by providing that no person should be convicted of it, unless on the testimony of two witnesses to the same overt act, or on confession in open court, must have concieved it more safe that punishment in such cases should be ordained by general laws formed upon deliberation, under the influence of no resentments, and without knowing en whom they were to operate, than that it should be inflicted under the influence of those passions which the occasion seldom fails to excite, and which a flexible definition of the crime, or a construction which would render it flexible, might bring into operation. It is therefore more safe as well as more consonant to the principles of our constitution that the crime of treason should not be extended by construction to doubtful cases; and that crimes not clearly within the constitutional definition should receive such punishment as the legislature in its wisdom may provide.
To complete the crime of levying war against the U. S. there must be an actual assemblage of men for the purpose of executing a treasonable design.
In the case now before the court, a decision to overturn the government of the U. S. in New Orleans by force, would have been unquestionably a design which if carried into execution would have been treason, and the assemblage of a body of men for the purpose of carrying it into execution, would amount to levying of war against the U. S. but no conspiracy for this object, no enlistment of men to effect it, would be an actual levying of war.
In conformity with the principles now laid down have been the decisions heretofore made by the judges of the U. S. States.
The opinions given by judge Paterson and judge Iredell in cases before them imply an actual assemblage of men though they rather designed to remark on the purpose to which the force was to be applied than on the nature of the force itself. Their opinions however contemplate the actual employment of force.
Judge Chase in the trial of Fries was more explicit. He stated the opinion of the court to be "that if a body of people conspire and meditate an insurrection to resist or oppose the execution of any statute of the U. S. by force, they are only guilty of a high misdemeanor; but if they proceed to carry such intention into execution by force, that they are guilty of the treason of levying war; and the quantum of the force employed, whether less or more, or one thousand persons, is wholly immaterial. "The court are of opinion," continued Judge Chase, on that occasion, "that a combination or conspiracy to levy war against the U. S. is not treason, unless combined with an attempt to carry such combination or conspiracy into execution; some actual force or violence must be used in pursuance of such design to levy war; but it is altogether immaterial whether the force used is sufficient to effectuate the object; any force connected with the intention, will constitute the crime of levying war."
The application of these general principles to the particular case before the court will depend on the testimony which has been exhibited against the accused.
The first deposition to be considered is that of general Eaton. This gentleman connects in one statement the purport of numerous conversations held with Col. Burr throughout the last winter. In the course of these conversations were communicated various criminal projects which seem to have been revolving in the mind of the projector. An expedition against Mexico seems to have been the first and most matured part of his plan, if indeed it did not constitute a distinct and separate plan, upon the success of which other schemes still more culpable, but not yet well digested might depend. Maps and other information preparatory to its execution, and which would rather indicate that it was the immediate object, had been procured, and for a considerable time, in repeated conversations the whole efforts of Col. Burr were directed to prove to the witness who was to have held a high command under him, the practicability of the enterprise, and in explaining to him the means by which it was to be effected.
This deposition exhibits the various schemes of Col. Burr, and its materiality depends on connecting the prisoners at the bar in such of those schemes as were treasonable. For this purpose the affidavit of general Wilkinson comprehending in its body the substance of a letter from Col. Burr has been offered and was received by the circuit court. To the admission of this testimony great and serious objections have been made. It has been urged that it is a voluntary, or rather an extrajudicial affidavit made before a person not appearing to be a magistrate, and contains the substance only of a letter, of which the original is retained by the person who made the affidavit.
The objection that the affidavit is extrajudicial resolves itself into the question whether one magistrate may commit on an affidavit taken before another magistrate. For if he may, an affidavit made as the foundation of a commitment, ceases to be extrajudicial, and the person who makes it would be as liable to a prosecution for perjury as if the warrant of commitment had been issued by the magistrate before whom the affidavit was made.
To decide that an affidavit made before one magistrate would not justify a commitment by another might in many cases be productive of great inconvenience, and does not appear susceptible of abuse if the verity of the certificate be established. Such an affidavit seems admissible on the principle that before the accused is put upon his trial, all the proceedings are exparte. The court therefore over-rule this objection.
That which questions the character of the person who has on this occasion administered the oath is next to be considered.
The certificate from the office of the department of state has been deemed insufficient by the counsel for the prisoners, because the law does not require the appointment of magistrates for the territory of New Orleans to be certified to that office, because the certificate is in itself informal, and because it does not appear that the magistrate had taken the oath required by the act of Congress.
The first of these objections is not supported by the law of the case, and the second may be so readily corrected that the court has proceeded to consider the subject as if it were corrected, retaining however any final decision, if against the prisoners, until the correction shall be made. With regard to the third, the magistrate must be presumed to have taken the requisite oaths, since he is found acting as a magistrate.
On the admissibility of that part of the affidavit which purports to be as near the substance of the letter from Colonel Burr to General Wilkinson as the latter could interpret it, a division of opinion has taken place in the court. Two judges are of opinion that as such testimony delivered in the presence of the prisoner on his trial would be totally inadmissible, neither can it be considered as a foundation for a commitment. Although in making a commitment the magistrate does not decide on the guilt of the prisoner, yet he does decide on the probable cause, and a long and painful imprisonment may be the consequence of his decision. This probable cause therefore ought to be proved by testimony in itself legal, and which, though from the nature of the case it must be exparte, ought, in most other respects to be such as a court and jury might hear.
Two judges are of opinion that in this incipient stage of the prosecution an affidavit stating the general purport of a letter may be read, particularly where the person in possession of it is at too great a distance to admit of its being obtained, and that a commitment may be founded on it.
Under this embarrassment it was deemed necessary to look into the affidavit for the purpose of discovering whether it admitted, it contains matter which would justify the commitment of the prisoners at the bar on the charge of treason.
That the letter from Col. Burr to general Wilkinson relates to a military enterprise meditated by the former has not been questioned. If this enterprise was against Mexico, it would amount to a high misdemeanor, if against any of the territories of the United States, or if in its progress the subversion of the government of the United States in any of their territories was a mean clearly and necessarily to be employed, if such mean formed a substantial part of the plan, the assemblage of a body of men to effect it would be levying war against the United States.
The letter is in language which furnishes no distinct view of the design of the writer. The co-operation, however, which is stated to have been secured, points strongly to some expedition against the territories of Spain. After making these general statements the writer becomes rather more explicit and says, "Burr's plan of operations is to move down rapidly from the falls on the 15th of November with the first 500 or 1000 men in light boats now constructing for that purpose to be at Natchez between the 5th and 15th of December, there to meet Wilkinson; then to determine whether it will be expedient in the first instance to seize on or to pass by Baton Rouge. The people of the country to which we are going are prepared to receive us. Their agents now with Burr say that if we will protect their religion and will not subject them to a foreign power, in three weeks all will be settled."
There is no expression in these sentences which would justify a suspicion that any territory of the U. S. was the object of the expedition.
For what purpose seize on Baton Rouge; why engage Spain against this enterprise, if it was designed against the United States?
"The people of the country to which we are going are prepared to receive us." This language is peculiarly appropriate to a foreign country. It will not be contended that the terms would be inapplicable to a territory of the United States, but other terms would more aptly convey the idea, and Burr seems to consider himself as giving information of which Wilkinson was not possessed. When it is recollected that he was the governor of a territory adjoining that which must have been threatened, if a territory of the United States was threatened, and that he commanded the army, a part of which was stationed in that territory, the probability that the information communicated related to a foreign country, it must be admitted, gains strength.
"Their agents now with Burr say that if we will protect their religion and will not subject them to a foreign power, in three weeks all will be settled."
This is apparently the language of a people who, from the contemplated change of their political situation, feared for their religion, and feared that they would be made the subjects of a foreign power. That the Mexicans should entertain these apprehensions was natural and would readily be believed. They were, if the representation made of their dispositions be correct, about to place themselves much in the power of men who professed a faith different from theirs, and who by making them dependent on England, or the United States would subject them to a foreign power.
That the people of New Orleans as a people, if really engaged in the conspiracy, should feel the same apprehensions, and require assurances on the same points, is by no means so obvious.
There certainly is not in the letter delivered to general Wilkinson, so far as that letter is laid before the court, one syllable which has a necessary or a natural reference to an enterprise against any territory of the United States.
That the bearer of this letter must be considered as acquainted with its contents, is not to be controverted. The letter and his own declarations evince the fact.
After stating himself to have passed through New York and the western states and territories, without insinuating that he had performed on his route any act whatever which was connected with the enterprise, he states their object to be "to carry an expedition to the Mexican provinces."
This statement may be considered as explanatory of the letter of Col. Burr, if the expressions of that letter could be thought ambiguous.
But there are other declarations made by Mr. Swartwout, which constitute the difficulty of this case. On an enquiry from general Wilkinson, he said "this territory would be revolutionized where the people were ready to join them, and that there would be some seizing, he supposed, at New Orleans."
If these words import that the government established by the United States in any of its territories, was to be revolutionized by force, although merely as a step to, or a mean of executing some greater projects, the design was unquestionably treasonable, and any assemblage of men for that purpose would amount to a levying of war. But on the import of the words a difference of opinion exists. Some of the judges suppose they refer to the territory against which the expedition was intended, others to that in which the conversation was held. Some consider the words if even applicable to a territory of the United States, as alluding to a revolution to be effected by the people rather than by the party conducted by Col. Burr.
But whether this treasonable intention be really imputable to the plan or not, it is admitted that it must have been carried into execution by an open assemblage of men for that purpose, previous to the arrest of the prisoner, in order to consummate the crime as to him and a majority of the court is of opinion that the conversation of Mr. Swartwout affords no sufficient proof of such assemblage.
The prisoner stated that "Col. Burr with the support of a powerful association extending from New York to New Orleans, was levying an armed body of 7000 men from the state of New York and the western states and territories, with a view to carry an expedition to the Mexican territories."
That the association, whatever may be its purpose, is not treason, has been already stated. That levying an army may or may not be treason, and that this depends on the intention with which it is levied, and on the point to which the parties have advanced, has been also stated. The mere enlisting of men without assembling them is not levying war. The question then is whether this evidence proves Col. Burr to have advanced so far in levying an army as actually to have assembled them.
It is argued that since it cannot be necessary that the whole 7000 men should have assembled, their commencing their march by detachments to the place of rendezvous, must be sufficient to constitute the crime.
This position is correct, with some qualification. It can not be necessary that the whole army should assemble, and that the various parts which are to compose it should have combined. But it is necessary that there should be an actual assemblage, and therefore the evidence should make the fact unequivocal.
The travelling of individuals to the place of rendezvous would perhaps not be sufficient. This would be an equivocal act, and has no warlike appearance. The meeting of particular bodies of men and their marching from places of partial to a place of general rendezvous would be such an assemblage.
The particular words used by Mr. Swartwout are that Col. Burr was levying an armed body of 7000 men. If the term levying in this place imports that they were assembled, then such fact would amount, if the intention be against the United States, to levying war. If it barely imports that he was enlisting or engaging them in his service, the fact would not amount to levying war.
It is thought sufficiently apparent that the latter is the sense in which the term was used. The fact alluded to, if taken in the former sense, is of a nature so to force itself upon the public view, that if the army had then actually assembled either together or in detachments, some evidence of such assembling, would have been laid before the court.
The words used by the prisoner in reference to seizing at New Orleans, and borrowing perhaps by force from the bank, though indicating a design to rob, and consequently importing a high offence, do not designate the specific crime of levying war against the United States.
It is therefore the opinion of a majority of the court, that in the case of Samuel Swartwout, there is not sufficient evidence of his levying war against the United States to justify his commitment on the charge of treason.
Against Erick Bollman there is still less testimony. Nothing has been said by him to support the charge that the enterprise in which he was engaged had any other object than was stated in the letter of Col. Burr. Against him, therefore, there is no evidence to support a charge of treason.
That both the prisoners were engaged in a most culpable enterprise against the dominions of a power at peace with the United States, those who admit the affidavit of general Wilkinson cannot doubt. But that no part of this crime was committed in the district of Columbia, is apparent. It is therefore the unanimous opinion of the court that they cannot be tried in this district.
The law read on the part of the prosecution is understood to apply only to offences committed on the high seas, or in any river, haven, basin or bay, not within the jurisdiction of any particular state. In these cases there is no court which has particular cognizance of the crime, and therefore the place in which the criminal shall be apprehended, or, if he be apprehended where no court has exclusive jurisdiction, that to which
he shall be first brought, is substituted for the place in which the offence was committed.
But in this case, a tribunal for the trial of the offence wherever it may have been committed, had been provided by Congress; and at the place where the prisoners were seized by the authority of the commander in chief, there existed such a tribunal. It would too be extremely dangerous to say, that because the prisoners were apprehended, not by a civil magistrate, but by the military power, there could be given by law a right to try the persons so seized in any place which the general might select, and to which he might direct them to be carried.
The act of Congress which the prisoners are supposed to have violated, describes as offenders those who begin or set on foot, or provide or prepare the means for any military expedition or enterprise to be carried on from thence against the dominions of a foreign prince or state, with whom the United States are at peace.
There is a want of precision in the description of the offence which might produce some difficulty in deciding what cases would come within it. But several other questions arise which a court consisting of four judges finds itself unable to decide, and therefore as the crime with which the prisoners stand charged has not been committed, the court can only direct them to be discharged. This is done with the less reluctance because the discharge does not acquit them from the offence which there is probable cause for supposing they have committed, and if those whose duty it is to protect the nation by prosecuting offenders against the laws shall suppose those who have been charged with treason to be proper objects for punishment, they will, when possessed of less exceptional testimony, and when able to say at what place the offence has been committed, institute fresh proceedings against them.
The order of the court was as follows: The United States v. On a writ of Habeas Corpus. Swartwout.
The arguments of the Attorney General and of the Attorney of the U. S. for the district of Columbia, and the arguments of counsel for the prisoner having been heard; and the record of the circuit court for the county of Washington containing the order by which the said Samuel Swartwout was committed on the charge of treason in levying war against the U. S. and the testimony on which the said commitment was made having been inspected and attentively considered, the court is of opinion that the testimony does not furnish probable cause for supposing that the said Samuel Swartwout has levied war against the U. S. and doth therefore direct that he be, forthwith discharged from the custody of the Marshal.
The same order with regard to Bollman.
Valuable Property for Sale.
IN pursuance of an order of Washington county court, will be offered at public sale on the premises, on the 16th of March next, the real estate of Richard Cromwell, esq. late of said county, deceased, unless disposed of at private sale in the mean time.
THIS Valuable tract of Land lies on Conococheague creek, about 7 miles from Hagerstown, contains upwards of 1500 acres, and is at present occupied in four plantations.
Number 1, the late residence of the said Richard Cromwell, deceased, contains about 450 acres; it has the advantage of a fine stream of water running through it, on which there is a NEW MILL erected - the soil is productive, and there is 50 or 60 acres in meadow, and 250 acres or upwards still in timber. The improvements and other advantages of this farm are superior to most in the neighborhood, and for a flock farm it is surpassed by none in the county.
Number 2, at present in the occupation of Oliver Cromwell, and divided from the former by Conococheague creek, contains 340 or 350 acres - the soil is productive, the improvements neat and comfortable, and there is from 130 to 150 acres of it still in woods which is covered with timber of a very superior quality.
Number 3, adjoining the first mentioned tract, at present in the occupation of Richard Cromwell, contains 250 acres or upwards; the soil is rich and productive, it is well timbered and possesses the advantage of a never failing stream of water running through it, on which there is an excellent MILL SEAT, adjoining the public road from Mercersburg to Williamsport, 8 or 9 miles from the latter place - the improvements are a Dwelling house and Stables.
Number 4, containing 250 acres or upwards - the improvements are a good comfortable Log house and barn - there is above one hundred acres in cultivation, including 12 or 15 acres of good timothy meadow - the remainder is covered with fine thriving timber - this tract adjoins the first mentioned plantation, and is all good farming land - also, one undivided half of about 50 acres of timber land, lying on both sides of Conococheague creek, and adjoining the last mentioned tract; the greater part is creek bottom, is well timbered and embraces a good site for a mill on Conococheague. There is a good spring of water on each of the above plantations. The whole will be sold together or in separate plantations, as may be most suitable to those wishing to purchase. Bidders will be one third of the purchase money to be paid on the first day of April next, at which time possession may be had, and the balance to be paid in six equal annual payments. Any person wishing to purchase at private sale, may make application to any of the commissioners or to Messrs. Oliver and Richard Cromwell, who will show the lands to any person inclining to purchase.
WALTER KAYE, MARTIN KARSHNER } Com'rs. HENRY ARONY, JOSHUA PRION, Washington county, Feb. 21 - W43

We have perused a letter dated Natchez, January 26, which states that Mr. Burr had been liberated on bail, in the sum of ten thousand dollars, and that he had returned to his boats.
Extract of a letter from a gentleman in Greenville, Miss. Ter. under date of the 26th January last.
"Our territory has been in commotion for some time past in consequence of A. Burr's arrival. After raising and marching the militia, a committee was appointed to go and examine col. Burr's boats—they found 30 or 40 rifles and muskets, 3 or 4 pounds of powder, 200 barrels of pork, several trunks of books, and some other small matters. Burr has given security to stand his trial at our next circuit court, and peace and tranquility is restored to the territory. I believe the people here are warmly attached to the general government."
Extract of a letter from a gentleman of Natchez, Miss. Ter. dated 24th Jan. 1807.
"As I suppose that you will be solicited to hear the state of public affairs here, I take up my pen to inform you that Col. Burr has been here about a fortnight. His approach gave much alarm, and that alarm has generally been kept up by successive rumours. It does not appear certain, however, that more than 40 or 50 persons accompanied him, and no arms of any moment have been found. There are persons, however, of good observation, who think he has 300 strangers here of his party. The general assertion, which is made by them, is that their object was to settle the Wasatch lands bought by Raper, and certainly many of them are persons from whom one should much more readily expect a project of disturbance than any military enterprise. Several deposits have been taken, but nothing of moment has come out, except that a Mr. Butler of Natchez, and last week apply to an acquaintance in Natchez to buy up a quantity of goods for Mr. Burr. Colonel Tyler speaks of emigration only. Mr. Blakeney and Mr. Davis have not yet been examined."
"There is at Natchez a son of general Nevill, and a young gentleman of the name of Wilkins, and two others of the name of Elliott and Robin; all said to be friends of Mr. Burr."
"Governor Williams reached Natchez yesterday, but brings no accounts of any thing particularly worthy of notice on the river."
"Col. Burr is recognized to appear at the supreme court next Monday and take his trial."
"The attorney general, however, is of opinion that the court can take no cognizance of the offence. It was not one of the superior courts existing here when the act of Congress giving federal jurisdiction to the territorial courts was passed; and is indeed only a court of errors and appeals, except in civil cases, where a special jury is required. On this ground he has declined acting, or at least not acted on an application from the collector at Fort Stodder relative to offences under the revenue laws."
A letter, dated New Orleans, January 23, states that a grand jury had found a bill against judge Worman and Mr. Kerr, without, however specifying the charge.
Our readers will perceive by the following articles, that the TREATY BETWEEN THE UNITED STATES and GREAT BRITAIN is actually signed; and that it was executed on the 31st day of December, it has not yet reached this country, but may be expected in a very short time.
New-York, Feb. 20.
The fast sailing ship Oliver Ellsworth, whose arrival at the Hook we noticed on Tuesday, came up last evening, after a passage of 31 days from Liverpool. Capt. Bennet has politely favored the editor of the Mercantile Advertiser with a regular file of London papers to the 4th, and Liverpool papers to the 5th of January inclusive. He failed on the 7th.
Our advices from the Continent are not so late by several days as we had previously received by the Emmeline from Bordeaux.
But these papers have enabled us to announce officially the important intelligence that a treaty of amity, commerce, and navigation between the United States and Great Britain was signed on the last day of December. Captain Bennet, at the request of the American consul, detained the Oliver Ellsworth 24 hours, that he might receive on board the messenger charged with dispatches for our government; but he did not arrive in season.
Insurance on American vessels had fallen to three guineas per cent.
LONDON, JAN 3.
We are to congratulate our commercial readers on the adjournment of the differences between Great Britain and America—A letter, of which the following is a copy, was, with due attention to the mercantile interest of the country, transmitted to Philip Sansom Esq. chairman of the committee of American merchants and by him sent to Lloyd's and the American Coffee-houses.
DOWNING-STREET, JAN. 1, 1807.
SIR, I have the honor of acquainting you, for the information of the merchants concerned in the trade with America, that the treaty of amity, navigation, and commerce, between his majesty and the United States of America, was yesterday signed by the commissioners respectively appointed for the purpose by the two governments. The treaty will be immediately transmitted to America; but until the ratifications on both sides shall have been exchanged, it cannot be made public.
I have the honor to be, &c. HOWARD. PHILIP SANSON Esq. Chairman of the Committee.
The very important terms of this arrangement we are no otherwise acquainted with than from report, but we understand, that the circuitous trade with the belligerent powers, through America, is to be allowed under certain condition.
HOUSE OF REPRESENTATIVES.
MONDAY, FEBRUARY 23.
The House resolved itself into a Committee of the Whole—Mr. TENNEY in the Chair—on the bill in addition to the act entitled "An act supplementary to the act entitled "An act making provision for the redemption of the whole of the public debt of the United States."
A motion was made to strike out the first section.
The first section is as follows: SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any part of the present three per cent. stock of the United States, shall remain unsubscribed to the loan constituted by the act to which this is an addition, the said unsubscribed stock shall be paid and reimbursed by payments on account both of principal and interest, at the rate of four per centum a year, upon the original capital of the said stock, until the whole of the said stock shall have been reimbursed and paid; and the commissioners of the sinking fund are hereby authorized and required to make the said payments by dividends, at the rate of one per centum on the original capital, payable on the last days of March, June, September and December of each year, after the year one thousand eight hundred and eight, until the reimbursement shall have been effected.
This motion was supported by Messrs. Tallmadge and Quincy; and opposed by Messrs. J. Randolph and Blount; and disagreed to—Ayes 6.
When the committee rose, and the bill was ordered to a third reading.
The House took up the report of the Committee of the Whole on the bill for the better fortifying the ports and harbors of the U. S.
The House concurred with the Committee of the Whole, in striking out "20,000 dollars." appropriated by the first section for the better fortifying the ports & harbors of the U. S.—Ayes 65.
On agreeing with the committee to insert 150,000 dollars a debate arose.
Messrs. Mumford, Thomas, Quincy, Smith, Masters, Stanton, and Cook supported; and Messrs. Olin, R. Nelson, J. Randolph and Elmer opposed a concurrence.
Mr. Dana declared himself in favor of a larger appropriation, and said he should therefore vote against a concurrence.
The question on concurrence was taken by Yeas and Nays—Yeas 72—Nays 44.
On the question to agree with the Committee of the Whole in adding a new section, appropriating 150,000 dollars to enable the President to cause to be built any number of gun boats not exceeding thirty.
Mr. Dana moved so to amend the section as to appropriate the sum of 100,000 dollars to enable the President to cause to be purchased materials, for future use, for the erection of gun boats.
Mr. Alston opposed this motion, which was disagreed to—The Yeas and Nays were taken, and were, Yeas 30—Nays 78.
Mr. Goldsborough then spoke against agreeing to the new section, on which the yeas and nays were taken—Yeas 68—Nays 56.
When the bill was ordered to be engrossed for a third reading to-morrow.
A message was received from the Senate, stating their agreement to the bill for continuing in force, for a further time, the bill prohibiting commercial intercourse with the island of St. Domingo, with an amendment, to which the House agreed. The amendment does not in the least affect the principle of the bill.
The amendments of the Senate to the bill relative to Virginia military land warrants were referred to the committee on public lands.
Mr. J. Randolph observed that the bill received from the Senate, the object of which, was to prevent intrusions on public lands, had been before the committee on public lands for a considerable time. As it was his wish that this bill should be decided on while the House was full, as the committee on public lands would find much occupation in the bill last referred to them, he moved that they should be discharged from the further consideration of the former bill, with a view of having it referred to a committee of the whole House.
A motion to adjourn having been made and carried, no question was taken on Mr. Randolph's motion.
TUESDAY, FEBRUARY 24. The bill providing for fortifying the ports and harbors of the U. S. and for building gun boats, and the bill in addition to the act entitled an act supple-
mentary to the act entitled an act making provision for the redemption of the whole of the public debt of the U. S. were read a third time and passed.
The greater part of the day was taken up in considering the bill for altering and establishing post roads.
[A more detailed statement hereafter.]
FROM THE GEORGE TOWN (S. C.) GAZETTE OF FEB. 11.
Copy of a letter from the honorable Joseph Alston to his excellency Charles Pinckney.
Oaks, Feb. 6, 1807.
DEAR SIR,
I have received and read the President's message with deep mortification and concern. But the letter addressed to it, flattered to be a communication in cyphers from col. Burr to gen. Wilkinson, excites my unfeigned astonishment. I solemnly avow that, when that letter was written, I had never heard, directly or indirectly from col. Burr or any other person of the meditated attack on New Orleans; nor had I any more reason to suspect an attack on that place, or any other part of the United States, than I have, at this moment, to suspect that our militia will be forthwith ordered on an expedition against Gibraltar. On the other hand, I had long had strong grounds for believing that col. Burr was engaged by other objects, of a very different nature from those attributed to him, and which I confess the best sentiments of my heart approved. I need not add, that those objects involved not the interest of my country. A without adverting to that integrity of principle which, even my enemies I trust have allowed me, can it be supposed, that a man situated as I am, delended from a family which has never known dishonor, happy in the affection and esteem of a large number of relations & friends, possessed of ample fortune, and standing high in the confidence of his fellow-citizens, could harbor for an instant, a thought inimical to the country which was the scene of those blessings? No sir: It was but a short period before the impression became general, that apprehended the possibility of Mr. Burr's intentions being hostile to the union and the moment which gave birth to that apprehension, gave birth to the resolution which became a citizen I confess, however, there are times even now, when, in spite of the strong facts which have been exhibited, I am almost inclined to believe my suspicions injudicious. Whatever may be thought of the heart of Mr. Burr, his talents are great beyond question; and to reconcile with such talents, the chimerical project of dismembering the union, or wresting from it any part of its territory is difficult indeed. I travelled through a part of the western country, during the last summer, and have no hesitation in saying, that either of those projects would have been as much reprobated there as in the Atlantic states. With respect, however to the communication annexed to the President's message, which occasions you the trouble of this letter; after my solemn assurances to you, that I had never given col. Burr or any other person the smallest reason to imagine that I could be induced to engage in any project against my country; it would be infinitely satisfactory to me, could I explain to you, with the same certainty, the motive which led him to introduce my name as he did. But here, unfortunately all is conjecture. Two motives only suggest themselves. He imagined perhaps which, by the way, he had no right to do—that his influence would be sufficiently great to induce my assent and thought therefore he might as well consider it already obtained—Or, which is more probable, he might have imagined, that by the apparent concert of a number of persons from different states, a stronger impression would be made upon his correspondent. Considerable effect, too, was, no doubt, anticipated by Mr. Burr's discernment from the perfect self confidence which would have been manifested by taking with him his daughter, receiving my co-operation, and thus embarking in the scheme the fortunes of his infant grandson—the only relative, except his daughter, that he has. But whatever the motive, which drew from col. Burr, the assertions contained in his letter to gen. Wilkinson; facts, incontrovertible facts, prove that he had no authority for making them. His daughter did not go with him; the navy of the United States is still faithful to its duty; commodore Truxton, I am told, at the very moment he was said to have gone to the West-Indies, was in Philadelphia, which I know not whether he has ever left; and I, instead of following with a corps of worthies, am now at my usual residence, where I have, been ever since the adjournment of the Legislature, peaceably directing the ploughing of my rice fields and preparing my lands for the ensuing crop. This is conclusive. A conspirator against the happiness or liberties of his country, would have been, at this moment, very differently employed. Conspirator! the blood that burns my cheek, as I write the word—but I meant to confuse myself simply to the disavowal, I have made you of a single action or thought hostile to
my country. To feel even that disavowal necessary is sufficiently painful—I have yielded, however, to circumstances, and made it. My unequivocal manner of making it, I trust will not leave a doubt upon one candid and honest mind. Still I am aware that the common interchange of good offices with a man with whom I have been long nearly connected, may have given rise to circumstances which, however innocent in themselves, malignity will delight in distorting, and the illiberal among my political adversaries result in disseminating. I am aware that there will be men base enough—for you & I have, not long since, seen proofs of it—to who per even the circumstance of my connection, by marriage, with col. Burr, as a circumstance warranting suspicion. Above the opinions of such men I am indifferent. To the more ingenuous and better part of my fellow-citizens, of whatever sect or party, I can only solemnly repeat it as I have done to you, sooner, would I have perished than harbored a thought subversive of the liberties, the happiness or the integrity of my country. Let me always be judged by my own acts, and I shall be satisfied. If Mr. Jefferson or gen. Wilkinson ever find any thing to urge against me, I it be adduced My residence is well known, and I shall never shrink from investigation. Nay more, presumption, where I cannot repel it by positive proof, shall be received as good evidence, and the slightest suspicion, which I cannot satisfactorily explain, shall be admitted as guilt.
I remain, my dear sir, with much respect & regard, your's always. JOSEPH ALSTON.
FRONTIERS OF TURKEY, Nov. 22.
On the first of October an alliance offensive and defensive, was concluded between the Porte and Russia of the following tenor:
 1st. The affairs of the princes Moldavia and Wallachia, both as far as respects their reformation and their deposition, shall be decided by the two powers.  2d. The Republic of the Seven Islands shall remain under the dominion of Russia.  3d. The customs shall continue upon the old footing.  4th. The Russians shall during nine successive years, have permission to lead their armies through the Ottoman territory, as well against their own enemies as against those of Turkey.  5th. The Russians shall have permission to bring their ships of war to anchor in the Straits of Constantinople, and shall moreover obtain from the Porte the necessary supplies.  6th. Russian subjects, old or new, wherever they may be, shall have the privilege of trading through the whole extent of the Turkish empire and even to possess property there.  7th. The Greek vessels that carried the Russian flag and where forced to lay it aside by order of the Port, shall have the liberty of resuming it.  8th. The Grecian subjects of Turkey shall be allowed to enter the Russian service when they please; the Port gives them permission to do so.  9th. The right of Legation relative to interpreters, shall remain on the old footing.  10th. The ambassador of France shall quit Constantinople.  11th. No Firmans shall be any longer granted to the vessels of Turkish subjects to proceed to the countries of the enemies of Russia. 
AMERICAN ANNALS, Just Published and for sale By DANIEL RAPINE,
The second volume of Holmes' American Annals, or a Chronological History of America from its discovery in 1492 to 1806.
A few copies of the above work may be had complete in 2 volumes at 450 cents the set.
Azuni's Maritime Law of Europe, 2 vols. Cranch's Reports of cases argued and adjudged in the Supreme Court of the United States in February term 1804, being volume the 2d February 25—3t
War Department, February 23, 1807.
NOTICE is hereby given, that separate proposals will be received at the office of the Secretary for the department of war, until 12 o'clock at noon of the first Wednesday in June next, for the supply of all rations that may be required for the use of the United States, from the first day of October 1807, until the 30th day of September 1808, both days inclusive, at the following places, viz.
 First. At Niagara, Detroit, Michilimackinac, Fort Wayne, Chikago, and at any place or places, where troops are or may be stationed, marched, or recruited within the state of Ohio, and territory of Michigan, and at any place or places within the Indiana territory north of the 4th deg. of north latitude.  Second. At the new military post opposite the mouth of the Kiwaffee, and within the Cherokee nation between Tennessee and Georgia, and on the Tennessee river, and on the road between said river and Nashville, and at any place or place, where troops are or may be stationed, marched or recruited within the states of Kentucky and Tennessee.  Third. At the garrison near Vincennes on the river Wabash, at Fort Massac, New Madrid, Chickasaw Bluffs, Arkansas, Natchez, & Fort Adams, and at any place or places where troops are or may be stationed, marched, or recruited in the Mississippi territory, except the country of Washington, and at any place or places in the Indiana territory south of the 
4th degree of north latitude, and fifty miles east of the Mississippi river.
Fourth. At St. Louis, St. Charles, Kaskaskia, Cahokia and at any place or places where troops are or may be stationed, marched, or recruited within the territory of Louisiana north of New Madrid, and at any place or places in the Indiana territory within fifty miles east of the Mississippi river, and south of the 4th degree of north latitude, Fort Maurepas excepted.
Fifth. At New Orleans, Picayoula, Point Coupee, Opelousas, Natchitoches, Appoaloula, Attakapas, Fort St. Joseph, and at any place or places where troops are or may be stationed, marched or recruited within the territory of Orleans, or in the country of Washington in the Mississippi territory, and at any place or places on the west side of the Mississippi river below Arkansas.
Separate proposals will also be received as aforesaid for the supply of all rations, which may be required for the use of the United States, from the first day of January 1808 to the 31st day of December of the same year, both days inclusive, within the several places herein after mentioned, viz.
Sixth. At the Oakmulgee Old Fields, and at any place or places where troops are or may be stationed, marched or recruited, within the state of Georgia, and on the Indian boundary between Georgia and the Creek nation.
Seventh. At Charleston, Rocky Mount, on the head waters of the Santee, and at any place or places where troops are or may be stationed, marched, or recruited, within the states of North and South Carolina.
Eighth. At Norfolk, and at any place or places where troops are or may be stationed, marched, or recruited, within the state of Virginia.
Ninth. At Fort M'Henry, and at any place or places, where troops are or may be stationed, marched, or recruited, within the state of Maryland and the district of Columbia.
Tenth. At Fort Mifflin, Carlisle, and at any place or places, where troops are or may be stationed, marched or recruited, within the state of Pennsylvania, east of the mountains, and within the states of New Jersey and Delaware.
Eleventh. At Pittsburg, and at any place or places, where troops are or may be stationed, marched or recruited, within the state of Pennsylvania west of the mountains.
Twelfth. At Fort Jay, West Point, Albany, Schenectady, and at any place or places, where troops are or may be stationed, marched or recruited within the state of New York, Niagara and its dependencies excepted.
Thirteenth. At Fort Ticonderoga, Fort Crown Point, and at any place or places where troops are or may be stationed, marched or recruited within the state of New Hampshire and the district of Maine.
Fourteenth. At Fort Independence (Boston harbor) and at any place or places, where troops are or may be stationed, marched or recruited, within the state of Massachusetts, the town of Springfield, and the district of Maine excepted.
Fifteenth. At Portsmouth, Portland, and at any place or places, where troops are or may be stationed, marched or recruited within the state of New Hampshire and the district of Maine.
Sixteenth. Proposals will also be received, as aforesaid, for the supply of all rations, which may be required by the United States, for the troops which are or may be stationed, marched or recruited within the town of Springfield in the state of Massachusetts, and for the armoures and other persons employed in the United States' armory at that place, from the 1st day of January 1808 to the 31st day of December in the same year, both days inclusive.
A ration to consist of one pound and one quarter of beef, or three quarters of a pound of pork, eighteen ounces of bread or flour, one gill of rum, whiskey or brandy, and at the rate of two quarts of salt, four quarts of vinegar, four pounds of soap, and one pound and a half of candles to every hundred rations. The prices of the several component parts of the ration shall be specified; but the United States reserve the right of making such alterations in the price of the component parts of the ration aforesaid, as shall make the price of each part thereof bear a just proportion to the proposed price of the whole ration. The rations are to be furnished in such quantities, that there shall at all times, during the term of the proposed contract, be sufficient for the consumption of the troops at Michilimackinac, Detroit and Chikago for six months in advance; and at each of the other places on the western waters for at least three months in advance, of good and wholesome provisions, if the same shall be required. It is also to be permitted to all and every of the commandants of fortified places or posts, to call for, at seasons when the same can be transported, or at any time in case of urgency such supplies of like provisions in advance, as in the discretion of the commandant shall be deemed proper.
It is understood that the contractor is to be at the expense and risk of issuing the supplies to the troops, and that all losses sustained by the depredations of an enemy or by means of the troops of the United States, shall be paid by the United States at the price of the articles captured or destroyed as aforesaid, on the deposition of two or more persons of credible character and the certificate of a commissioned officer, stating the circumstances of the loss, and the amount of the articles for which compensation shall be claimed.
The privilege is understood to be referred to the United States of requiring that none of the supplies, which may be furnished under any of the proposed contracts, shall be issued, until the supplies which have been or may be furnished under contracts now in force, have been consumed; and that a supply in advance may be always required at any of the fixed posts on the se board, or Indian frontier, not exceeding three months.
H. DEARBORN, Secretary of War. February 25—2aw6w
PRACTICING BALL.
MR. GENERES has the honor to inform the Ladies and Gentlemen of Washington City, who are amateurs of DANCING, that his first PRACTISING BALL will commence on Thursday next the 26th inst. at Mr. Myer's Hotel, and will continue them every week. Mr. G. flatters himself that the Ladies will favor him with their company. Gentlemen will pay their entrance at the bar. Feb. 25.—3t

Tickets in St. Paul's Parish LOTTERY—BALTIMORE, NOW DRAWING, May be had of any of the Managers, for which names and the scheme of the Lottery, see the National Intelligencer, No. 984. February 27—
PATENT FIRST WATER PROOF CEMENT.
Among the various discoveries which have of late been made in the United States, we know of none more deserving of public notice than the following by LAWRENCE D. NIOTON. Such a deliberation in the architecture of buildings has been long wanting. Many attempts have been made to compose or manufacture a chemical composition similar to that used by the ancient Egyptians, but we have heard of none which approximates nearer to that which is generally called the Egyptian cement and which has put at distance the ravages of time for several thousand years, than that which the Patentee here describes. A composition equal in durability to free stone for covering roofs, floors, and plastering walls of houses— Resisting Cellars that are marshy and damp water proof. Chimney pieces. Fire places and chimneys. Steps to front and back doors of houses. Cement pavement entire for front and rear of houses, arches, and works under water, statues, fountains, &c. plaster out side of houses. The materials of this cement does not much exceed the price of common plastering. A specimen of the composition may be viewed at Mr. Stalle's hotel, Capitol Hill and also at the Union Tavern Georgetown. Feb. 12—32.
SHOE STORE.
Received last Friday night an additional supply of Shoes, amongst which are, MURRAY'S superior fancy, embroidered and plain kid, with best Morocco slippers, high and low heels. English kid with and without heels. Misses handsome round toed, pink, purple and blue slippers, with best quality Morocco, do. various colors. A large number of Ladies Morocco with and without heels, and women and misses calfskin slippers just from the lat. Cork sole slippers to 1800, high and low heels. Gentlemen's Philadelphia pumps, slippers and Morocco slippers. Youth's fashionable lined and bound shoes. Children's red Morocco and leather to lace. Men's lined and bound and coarse, with boys and childrens unbound shoes; besides these, have on hand, and engaged a great variety of others expected in about three weeks. ALSO, a large parcel of TRUNKS. The above are for sale opposite Mr. CONNERAN'S, Bridge Street, George Town, where persons may be accommodated with qualities to suit their own prices. J. WILSON. February 4—wtf
FRESH GARDEN SEEDS, &c
THEOPHILUS HOLT respectfully informs his friends and the public that he has an extensive assortment of Fresh Garden and Flower seeds, Grass seeds, Garden tools &c. for sale at his Nursery Garden Eastern Branch. Washington city, Jan. 2—w3m
ROSS & GETTY,
At their Store, corner of Washington and Bridge streets, next door to the Union Tavern, Georgetown. Have received per the Schooner Robeson, from New York, 300 bushels potatoes 10 barrels prime mackerel 5 do. white onions 20 boxes spermaceti candles 200 weight currants 10 boxes muscated raisins 1200 pounds fine yellow cheese. ON HAND, Good old Madeira, Sicily, Sherry, Malaga, Port and Lisbon Wines—Cognac Brandy, Jamaica Rum, New England, do. Holland and country Gin, Irish and Rye Whiskey, Anniseed, Orange, Cinnamon and Perfect Love Cordials on draft and in bottles; prime St. Croix, Loaf and Lump Sugar. Gunpowder Tea in canisters; Do. do. in chests Imperial Hyson, Young Hyson, Hyson Skin, and Souchong Teas of the Latest importations. A few sets of handsome French China Five barrels excellent Buck-wheat Meal Bar Iron and Steel Mould and dipped Candles Spanish and country Segars With a great variety of other articles in the GROCERY LINE—All of which they will dispose of on the Lowest terms. Have received, By the sloop Unity, captain Hand from Philadelphia, 140 boxes of mould candles } Cook's 60 do. dipped do. } Manufact- 50 do. brown soap } tory; 20 do. white do. 5 kegs raisins 20 boxes Muscatel, do. 700 lbs. prima Flemington cheese, far superior in quality to any in this market. 5 tiers of winter strained spermaceti oil 2000 lbs. prime green coffee 1000 lbs. Bourbon do. 1200 lbs. of Pennington's loaf sugar 20 firkins butter 5 chests fresh hyson tea 6 do. young hyson do. } All first 4 do. imperial do. } choicest. 122 bds. mulcovada sugar Together with a large quantity of excellent tea, all of which they will sell on the lowest terms, by wholesale or retail. Georgetown, February 13—
WANTED to purchase a likely NEGRO BOY, to wait on a single Gentleman. Enquire of Mr. DUNN at the Capitol. January 28—tf
FIVE DOLLARS REWARD.
RANAWAY from the subscriber on the 12th of June last, an apprentice boy, named WILLIAM DENT, a Tailor by trade. He is between 14 and 15 years of age, has light hair, and pale blue eyes; his clothing cannot now be described. Whoever will bring the said boy to me, shall receive the above reward and all reasonable charges. EDWARD BENNELL, F Street Washington city N. B. Having heard that the aforesaid boy has been employed by some person at St. Inigoes, (Maryland) I hereby forewarn all persons from harboring him, under pain of being dealt with to the utmost rigor of the law. Feb. 20—32
By virtue of an order of the Orphan's court of Prince George's county the subscriber will expose to public sale at the residence of the subscriber all the personal estate of WILLIAM BRASHEARS, late of Prince George's county, deceased, consisting of one Horse, Cattle, Sheep, and Hogs, some Bacon, Pork, and plantation utensils. The terms of sale are six months credit for all sums above ten dollars and all sums to the amount of ten dollars and under for cash, the purchaser giving bond and security with interest from the day of sale. The sale to commence on Monday the 9th day of March next at 12 o'clock. JOHN BRASHEARS, Administrator. February 18—6t
CHARLES A. BURNETT,
Has received from London and Liverpool a handsome assortment of articles in his line, consisting of WATCHES & JEWELRY, Silver, Tortoiseshell, and Steel Spectacles, Table knives and forks with ivory handles, Pen knives and scissors, Ladies and Gentlemen's Pocket BOOKS. He also continues to manufacture gold and silver ware, at the most reduced prices. George Town, Dec. 24—tf
PORTRAIT PAINTING
C. BOYLE respectfully informs the public that he paints Likenesses in Oil Colors, in the building formerly occupied by Mr. G. Stewart, on the Pennsylvania Avenue, near Duane's book-store. N. B. A few specimens to be seen. January 5—tf
ELIAS B. CALDWELL,
ATTORNEY AT LAW, Has removed his Office, to the house lately occupied by Mr. Law, on Capitol Hill. Washington, July 16—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 3 to 144 acres for the convenience of purchasers. Plats of the estate and the terms of sale are in the hands of Colonel Hanson at the navy yard, and Charles Wayman of George Town. The lots will be shown by Mr. Wedden, living on the premises, near the Eastern Branch bridge. ANTHONY ADDISON. Barnaby, 14th June 1805—tf
New English Piano Fortes,
Of Superior quality. The Subscriber has imported from London, via New-York, four English Piano Fortes, with additional keys, Aflor, maker—Two patent four keyed flutes—Six common flutes with one key, and Piano Steel-wire, No. 9, 10, and 11, which he offers for sale on very moderate terms, for cash only, or negotiable notes, with approved indorser—The above instruments have been examined by the subscriber, who, (flattering himself to be a judge,) will when sold, warrant them to be of superior quality, and without any defect. P. MAURO. * * * For terms and other particulars, apply at my store, opposite the seven buildings. Feb. 6—tf
AMERICAN COFFEE-HOUSE,
WASHINGTON CITY. The Subscribers have opened for the entertainment of travellers, members of Congress, families, &c. resorting to the seat of government, the houses occupied for several years by Mr. P. D. STELLA, immediately east of the Capitol, to which they respectfully invite the public. The premises are well known as large and convenient, are provided with new beds and furniture, and the best wines and liquors, stables for 50 horses, with carriage houses, &c. FROST and QUINN. Nov. 4—tf
CHARLES H. VARDEN,
Merchant Taylor New Jersey Avenue, near the Capitol. RESPECTFULLY informs the gentlemen of the district of Columbia, he has imported by Miss ELIZA ANN lately arrived at Philadelphia, A choice assortment Of Extra Superfine cloths, Bennetts, Velvets, and Cordas, Cashmere, single and double milled Satin cloths, fashionable Spanish Orleans and Tolainets, rich silk Molaskin velvets, silk and satin Florentines, with a variety of other articles suitable for the season. N. B. Ladies habits, regimentals and navy uniforms made in the first style of fashion. Richard Harwell celebrated patent parallel suspender, can be had on the same terms as at his manufactory. November 12—tf
FOR SALE,
A healthy negro woman under 30 years of age, with two healthy children. For particulars apply to the printer. Nov. 18—6—cpsi
THE SUBSCRIBER
HAS just supplied his shop in F Street with a complete assortment of fresh Medicines & Drugs, among which are Spermaceti & Linseed oil—No Paints of every description. THOMAS PATTERSON. Washington city, June 23—tf
Robert Welford,
Is now opening, in Bridge Street, a few doors below High Street, A Choice and Fashionable Assortment of LONDON BIRMINGHAM, AND SHEFFIELD HARDWARE, CUTLERY, JAPANNED GOODS, &c. Which he will sell at very reduced prices, Wholesale or Retail, for cash, viz: Duck guns, half stock, brass mounted chequer breech, roller locks, 4 feet 6 inches barrel and 3 4 to 7-8 bores. No. 10 do. above, but 5 feet in barrels. D. do. elegantly finished barrels and locks with skeleton roller locks, and handsomely engraved barrels from 4 feet, 6 inches to 5 feet, 3 4 to 7-8 bores princess metal mounting. Bird guns sub-twist barrels, skeleton roller, locks, and otherwise highly finished with Scel, tentas, and other mountings. Do. do. common and low priced. Elegant Japanned Tea Trays and Waiters, with gold borders and centers. Common do. do. Elegant Japanned Fenders, scarlet and black, with rich borders. Brass do. Elegant Scarlet and Cream Coloured Plate Warmers, with rich borders and centers. — and black japanned Bellows, Morocco leathered. Highly finished Pistols, in cases complete. Common Bolders. Pocket Pistols, good. Elegant Plated Mantle Lamps, with one and two branches. — Plated and Silver Caskers, with rich cut glass. Common do. Highly finished Caste Hardened Shovels and Tonges with Pokers. Common do. Highly finished Ivory Handled Knives and Forks. — Bone do. do. — Pen and Sportsman's Knives Wedgewood Pitchers, with plated and gilt rims. Elegant gilt mounted Small Swords, Hangers and Dinks. — Steel do. do. do. Spaniards, common and good. Satin Wood and Mahogany Knife cases, &c. It is R. W.'s intention to remain here but a few weeks. George Town, Feb. 14 1807—3t
PUBLIC SALE.
By order of the Orphan's court of Prince George's county, will be exposed at Public Sale, to the highest bidder, at the farm lately occupied by Mr. Richard Crampin, and at his late dwelling in the town of Bladensburg, on Tuesday the 10th day of March next, if fair, if not the next fair day. All the Personal estate of the said deceased (except the crop of Tobacco) consisting of a number of valuable servants, among whom are some excellent house and kitchen servants, the flock of horses two of which are very pleasant saddle horses, mules, cattle, sheep and hogs, plantation utensils of every kind, about 160 barrels of corn, 150 bushels of clean ry, upwards of 20,000 weight of hay, a large crop of well saved straw, &c. &c. Likewise the unexpired term in a lease for 220 acres of land, granted on the 31st day of May 1714 for ninety-nine years, being six years after the 31st day of May next. This property lies about one mile west of Bladensburg, directly on the old road to Georgetown and contiguous to the fine property of Wm. D. Diggs. The improvements are sufficient for the accommodation of a family of moderate size and for the advantageous cultivation thereof; there are twenty six bushels of wheat sowed upon it and about 8 or 10 acres in thrifty clover, and a sufficiency of wood it is believed for its support—a further description is deemed unnecessary, as it is presumed that those who wish to buy will view the property previous to the sale. An inalienable title will be given. And at the dwelling in Bladensburg, a variety of articles of household & kitchen furniture, several volumes of valuable books, prints, maps and other articles too tedious to mention. The sale will commence on the farm, at 10 o'clock in the morning, and continue from day to day, till all is sold. Terms of sale are a credit of twelve months for all sums above ten pounds, the purchaser or purchasers to give bond, with two good and sufficient securities, carrying interest from the day of sale, and for all purchases to the amount of ten pounds and under the cash is to be paid. No property will be delivered until previously paid, or bonded for as above. THOMAS BOWIE. Administrator of Richard Crampin. February 12—9t
CHEAP GOODS.
T. W. PAIRO, Seven Buildings, has received from Philadelphia and Baltimore, a Large Assortment of DRY GOODS, which he will sell at a very low price. Also London PIANO FORTES. Liquors and Groceries of a superior quality. November 7—tMar.3
Fifty Dollars Reward.
FOR apprehending RICHARD GOTIER, who broke jail last night. He was committed on his confession of passing counterfeit checks; he is about 5 feet 7 inches high, fair complexion, light hair, grey eyes, very much pitted with the small-pox, and pretty much round shouldered. He was a sailor in the United States' service, had a blue sailor jacket and trousers, a long blue coat, several white linen shirts, a pair of shoes and a very good black hat. The above reward will be given for apprehending and securing the said Gotier in any jail and giving the information thereof. DANL. C. BRENT, Marshal of the district of Columbia. December 8—22 wtf
20 DOLLARS REWARD.
RANAWAY from the subscriber in August last, Negro CHARLES —he is a straight well made black man, about 26 years of age, 5 feet 9 or 10 inches high, has lost some of his fore teeth; is remarkably polite and much of a gallant. The above reward will be paid to any person who will bring him home or lodge him any jail so that I get him again. WM. B. BRANES. Upper Marlao, Jan. 9—tawtf
LOST or MISLAID,
THREE Navy Six per Cent certificates of the following description. No 41 for 1000 dollars. 96 for 400 do. 1709 for 100 do. 1500 Dollars in all, dated 4th August 1800 in favor of Wm. Patterson, and this public notice is given, that new certificates may issue to replace those that have been lost. WILLIAM PATTERSON. Washington February 11—6w
JUST RECEIVED.
WOOD'S best London superfine cloths and cashmeres, Bennett's patent cord, } best Spanish. Do. do. cloth, } Rich mouselain white washing, Fancy do. Irish linen and Russia sheeting, Men's best London hats, Silk, worked, hams wool, cotton, and gauze buckskins, Fancy printed mouselins and shawls, Carpets and carpeting, Rich Brussels do. Fine white and scarlet flannels, Plains, coastings and second cloths, Which with my large assortment of woollens and fancy goods, were bought on such terms as to justify my selling them lower than any regular importer can afford to sell at. JOHN COX. George Town, December 8—6w
LANDS FOR SALE.
THE subscriber offers for sale the following Tracts of Land, lying in the county of Fairfax, Virginia, viz. One Tract on the south side of great Hunting Creek, on Potomac river, about a mile from Alexandria and contiguous to the southern abutment of the bridge about to be built over the said creek. There are on this tract about 900 acres, 400 of which are rich low ground, 450 in woods, most of which is heavily timbered, and the rest rich up and—this tract may truly be said to be the most valuable of its size of any on the river. Also, One other Tract, about 6 miles from Alexandria (on which the subscriber resides) lying on the new TUNNICK road leading to the westward, and contains 857 acres, well improved with houses, barn, flax-mill, &c. orchards and meadows—the improvements on this land cost 2000. Also One other Tract about 5 miles above the latter, containing 337 acres, with about 70 or 80 acres of bottom land, lying on Accotink run, convenient farm houses, good orchards, &c. Also a moiety of the farm on which Brill Williams at present resides, about three miles from the last mentioned. Also a Tract about 13 miles from Winchester in the edge of Shenandoah county, containing 230 acres. Also about 6000 acres of land in the state of Kentucky, a considerable part of which, lying on the Ohio river, is very desirable and valuable. Purchasers of any of the above property may be accommodated with horses, cattle, sheep and hogs, farming utensils, provender, &c. The terms, which will be easy, may be known by applying to the subscriber near Alexandria. AUG. J. SMITH. February 6—2w
60 DOLLARS REWARD.
RANAWAY from the subscriber living in Prince George's county on Sunday the 29th inst. the three following slaves—a mulatto young man who calls himself BILL STEWART, he was born at Montgomery court house, was once the property of Honore Martin, was purchased of him by the late Rich. Contee who sold him to me; he is a likely well made fellow about 21 years of age, 5 feet 10 inches high, his hands and feet are large; the evening before he absconded he had his hair cut close; he had with him a variety of clothing, viz. a blue coat and overalls, one light colored bearskin coat and overalls, 2 swan down waistcoats, 3 fine Irish linen shirts and some coarse shirts, three muslin neckcloths, a fine hat, price 7 dollars; he took away a prayer book, in the first page of which is written Mary Ducker. JOE who calls himself Joe Grimes, alias Graham, and HARRY, both young negro men about 21 years of age—the clothing of these cannot be described. Joe has one of his arms broken near the wrist, which makes it longer than the other; when he is spoken to he speaks fast as if his tongue was too large for his mouth. Harry, I am informed, has several large scars on his body and one of his thighs occasioned by burns when he was young. The above reward will be paid for confining the three in jail, or 50 dollars for confining Bill in jail so that I get him again. WALTER BOWIE. uly 7—2awtf
RUNAWAY NEGROES.
WAS committed to the jail of Washington county, in the state of Maryland, on the 5th inst. a mulatto man, who calls himself GEORGE; and on the 10th inst. a Negro FANNY and child—George says he belongs to Benjamin Payton, of King George county, in Virginia; he is a dark mulatto, about 5 feet 10 inches high, 24 or 25 years old, has a scar on his lip, wears a negro cotton coat, jacket and breeches, and has with him a striped cotton, and a Merlees quilting jacket. Fanny says she is the wife of George, and that she belongs to a col. Taylor, adjoining King George county, and is about the same age of George. A low woman in nature, with a scar over her right eye, and is far gone in pregnancy; she has a blue jacket and jeans spinning light blue petticoat—Her child is about 12 months old—Their owner or owners are desired to relocate them, or they will be sold for their full value to the highest bidder. ISAAC S. WHITE, Sheriff. Hagerstown, February 6—wgt
WHARF MATERIALS
W WORKMANSHIP HANDED. THE following materials will be wanted for building a Wharf at the south end of 17th street west (at the mouth of the Tyber, viz. From 600 to 700 perches of Blue Stones. 2000 feet running of White Oak timber, squared on three sides, 14 inches in the bed, and to raise one ton 2000 yards of filling in with earth. James Hoban, Timothy Caldwell, J. P. Van Ness, } Commissioners. February 20—
AN ACT
For the punishment for forgery and for other purposes. WHEREAS it has been represented to this general assembly, that the crime of forging bank notes and negotiable notes hath greatly increased, and the punishment already provided by law, not being thought sufficient to prevent the commission of the crime, for remedy thereof. Be it enacted by the General Assembly of Maryland, That any person who shall with a fraudulent intent, employ an article to engrave or etch any plate, in imitation of the note or notes of any established bank within this state, or of any bank which may hereafter be established within this state, or which are or may be established by law in any of the United States, or any person engaged in engraving or etching such plate or plates, or any person in any manner engaged in striking impressions from such plate or plates, or any person who shall affix to such notes, fractional or forged signatures, or any person who shall be in any manner concerned in the altering, forging or counterfeiting, any note of any bank now existing within this state, or of any bank which may hereafter be established in this state, or any person who may pass within this state, forged or counterfeited notes (knowing them to be such) purporting to be the genuine notes of a bank regularly constituted within the state of the United States, or any person who may pass as genuine any note purporting to be a note of a bank which does not exist, or shall pass as genuine negotiable notes, any forged or counterfeited negotiable note or paper whatsoever, or who shall craft or alter any genuine negotiable note or negotiable paper, or any endorsement thereon; or shall tender in payment, or in any way utter, any such erased, altered, or counterfeited note or notes, or negotiable paper (knowing such bill or note, or negotiable paper, or the endorsement thereon, to be altered, forged, counterfeited, erased or falsified) with intention to defraud the said bank or banks, or any other person, shall be adjudged a felon, and shall be condemned to death without benefit of clergy. February 4—w8t
TEAS, BRANDY, SUGAR, SEAGARS, ORANGES, &c. &c.
WALTER & CLEMENT SMITH have just received by the Maria, captain Stodder from New York and the Union, capt. Bacon from Boston, 10 chests fresh young hyson tea, best quality, 20 boxes fine imperial tea—small packages put up for family use, 9 pipes genuine old ash proof cognac brandy, very superior quality, 40 boxes East India white sugar, 40 boxes Ruffetta, best Havana fugars, 20 do. do. 2d quality, 7 bags black pepper, 12 boxes fresh London mustard, 5 cases excellent Goshen cheese, 3 chests Dutch half pint tumblers, 100 Boxes bloom and Mascate raisins, 6 barrels Spanish filberts, 5 boxes fine Smyrna figs, 15 barrels Newtown pippins, 15 barrels best Newark cyder, 3000 fresh oranges, 150 boxes mould & dipped candles—Sampson and Co. and Morris's manufacture, 24 crates well assorted, Queens ware, 750 gunny bags. AND IN STORE, Fresh Nylons, Byron Chulan, Hyson Skin, & Souchong Teas, in chests and boxes, 25 bds. excellent Trinidad Senli Sugars, genuine old London particular Madeira wine in pipes and quarter casks, Lisbon, Tencriste, Sicily, Catalonia, Port, and old Sherry Wines in quarter casks, real Holland and New York anchor Gin in pipes, Whiskey, Peach, and apple Brandy, high 4th proof Jamaica Rum in puncheons, loaf and lump sugars in barrels, Olives, Capers, and Anchovies, in boxes, assorted, a few boxes Chocolate, Fig Blue, 6 boxes best Marcellis Almonds, 2000 lbs. Coffee, 20 boxes brown Soap, a few boxes spermaceti Candles, and a quantity of boiled Linseed Oil in jugs—Also an assortment of India Piece Goods, All of which will be sold at a very moderate advance. George Town, January 2—2 waw&wtf
JOHN OTT,
DRUGGIST, CHEMIST and APOTHECARY, has received by late arrivals a fresh supply of genuine Drugs, Medicines, Chemical Preparations, and every article useful in Pharmacy, such as have met the approbation of eminent practitioners. Genuine patent medicines of every description, shop furniture, paints, dyes, brushes, pipes and perfumery; all of which he will dispose of on as low terms as the quality and original cost of the article will admit of. Physicians' and family recipes put up with the utmost care and attention, and all orders from city, town or country put up with accuracy and dispatch. In addition to the above, he has just received a supply of PRESERVES, CONFECTIONS, FRUIT, &c. &c. Preserved Limes, Pine, Apple, Oranges, Strawberries, Citron, Quinces, Peaches, Lemon Peel, Currant Jelly, Green Gage Marmalade, Lemon, Pearbound, Orange and Apple Candy, Mosaic Cordial, Syrup of Currant and Raspberry Vinegar, Rose and Orange Flower Water, Lemons, Oranges, Raisins, Currants, Almonds, Filberts, Malaga Grapes, Olives, Capers and Anchovies—London Mosaic Gayenne Pepper, Refined Sweet Oil, Maconba Suet, Havana Segars, Improved shining liquid Blacking for Shoes and Boots, &c. &c. George Town, Dec. 23—2aw2w&wtf