The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1807-09-11 00:00:00

NATIONAL INTELLIGENCER,
AND WASHINGTON ADVERTISER.
VOL. VII.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
No. 1078
FIVE DOLLARS PER ANNUM
FRIDAY, SEPTEMBER 11, 1807.
PAID IN ADVANCE.
EDITORIAL ADDRESS.
In the early part of June the Editor intimated his purpose to retire from the establishment of the National Intelligencer, and invited the offers of individuals disposed to enter on its superintendence. His principal inducement, for taking this step, was a regard to the general state of his health, which had been, in no small degree, affected by the incessant occupation required by his situation. At the time this purpose was avowed, it was accompanied by a determination not to suffer the establishment, on any account whatever, to pass into hands, either insufficiently or great political principles uniformly advocated by the National Intelligencer, or incompetent to its management. For although the period was, almost without a precedent, peaceful and prosperous, it was obvious that, as all nations are exposed to vicissitudes, a profound calm might be succeeded in the political, as it frequently is in the physical world, by a storm that would call for the exercise of all the talents and virtues of the friends of principles, which seem to be exclusively confined to the self-keeping of the United States. In advocating these principles, and defending those who have been the most distinguished in supporting them, the Editor lays no claim to merit on the score of talent. He does, however, lay claim to the virtue of fidelity; to a sincere belief both in the superiority and feasibility of republican government, and in a firm determination to contribute whatever is in his power towards its maintenance. However weakly, therefore, he may defend, it is impossible for him to betray this great cause.
But a short time elapsed, from the time of his making known his purpose, before a totally unlooked for aggression on the national rights occurred, which threatened to disturb the peace of the country, and seemed not unlikely to be the prelude of times in which the sincerity of principle would be exposed to an unusually severe ordeal, and which would claim from every citizen the best exertion of his faculties. This invigorated the resolution, originally formed, not to surrender the establishment into hands on whom the fullest reliance could not be placed.
A considerable time has since passed without any offer being made, which has been considered satisfactory on this ground. The Editor, has, therefore, determined to continue to superintend the National Intelligencer. In communicating this intention to the public, he has only to observe that the same principles, which have hitherto guided the discharge of his Editorial duties, remain unshaken, and from which it is his pride never to have swerved. Every conviction of his understanding has increased his attachment to them; and his purpose to defend those measures which are the best calculated to preserve them inviolate. He conscientiously believes the existing administration have uprightly and wisely discharged their duties. He is, therefore, the friend of that administration, and whatever new dangers may environ them, from the iniquities of foreign powers, or from internal machinations, he shall view in the light of new motives to exertion.
Looking forward to the ensuing session of Congress as probably one of the most interesting since the era of the present government, he has exerted himself in making arrangements, which he trusts will render the National Intelligencer the full and faithful organ as well of the proceedings of the government as of the public sentiment. With this view, and to relieve himself from a burden peculiarly oppressive when united with other duties, he has engaged the services of Mr. JOSEPH GALES, Jun. an able Stenographer, who, with the additional and contemplated to be furnished by one of the first Stenographers in America, will, it is expected, be fully competent to presenting a comprehensive and faithful statement of the Debates. This arrangement will leave the Editor more time, than would otherwise be at his disposal, for conducting the other departments of the paper, and particularly for the notice of such points as may during the session require elucidation or comment.
More regard will likewise be paid to the mechanical management of the paper. For some time past, the Editor has had to regret the necessary use of an inferior paper, and of a press somewhat out of repair, from his inability immediately to retrieve at the City of Washington the disappointment experienced in these respects. He has, however, entered into a new contract for the supply of a better paper, and there are already on the water on their way from Philadelphia, a New Press and font of letter. He thus flatters himself with being able to make the National Intelligencer before the sitting of Congress, not only worthy of the patronage which it now enjoys, but likewise of an extended subscription.
The great additional expenses which will be incurred render it indispensable that Subscribers should be punctual in their payments. It is, therefore, ex-
pected that every new Subscriber advance five dollars, the price for a year, at the period of subscription, and that the existing subscribers pay off their arrears and make the necessary advance before the opening of the session. Should this circumstance not be attended to, the transmission of the papers must be discontinued. Subscribers will recollect that subscriptions cannot be received for less than a year, and that the postage of letters must be paid.
TRIAL OF A. BURR.
A more particular account of the proceedings on
TUESDAY, SEPTEMBER 1.
The jury retired, and after an absence of 20 minutes, returned a verdict in these words:
"We, of the Jury, find that AARON "BURR is not proved to be guilty "under this indictment, by any "evidence submitted to us. We, "therefore, find him NOT GUIL- "TY."
This form of a verdict was objected to by Col. Burr and his counsel, who insisted that it should be in the usual form, simply, Not Guilty .
Mr. Hay contended, that the jury had a right to find their verdict in this form if they thought proper; and that it should be recorded in the very words of the verdict. It might be more satisfactory to them, and amounted in effect to the same thing as a general verdict of Not Guilty . He knew of no law, & he was certain there was no principle against it.
Mr. Randolph answered that form was against it; and in criminal cases, form was law. Why else are precedents always consulted to ascertain what the law is.
Col. Burr contended that the jury had no right to bring in a written verdict, or to say more than whether he was guilty or not guilty. The form of the charge given to the jury (which was read, at his request, by the clerk) would point out their duty. This was, that they were to say whether guilty or not guilty, and no more.
Mr. Hay observed, that if the verdict were not in writing the same objections might occur, if the jury should persist in the form adopted by them. They might direct their foreman to deliver it ore tenus , in the very words which had been indorsed on the indictment.
Col. Burr. The charge given to the jury, so far from including such matters as they have inserted in their verdict expressly excludes it. If they had delivered it ore tenus it would have been considered as mere conversation addressed to the audience, and nothing more would have been thought of it. But they had no right to deface a record of the court.
Mr. Parker, one of the jury, enquired whether the endorsement on the indictment could not stand, and the verdict be entered on the record in the common form of not guilty. If he were sent out again he should not agree to return a verdict in any other form; and if he were to answer ore tenus , he should use the very same words.
Chief Justice. If the jury think proper to alter their verdict it is very well; but if they insist upon retaining the form in which they have returned it, the court cannot reject it;—because it is a full answer to what was given them in charge. The endorsement remained as the jury had inserted it, and the clerk recorded the verdict in the common form not guilty .
WEDNESDAY, SEPTEMBER 2.
Mr. Hay wished to know whether he understood the opinion of the court correctly, as to what would constitute an overt act of treason. According to his construction of that opinion, the evidence of the transactions at Blannerhasset's island did not amount to an overt act. If so, it would be improper to proceed with the prosecution of Blannerhasset and Smith, on the indictments now found against them. He certainly should not press upon the jury doctrines in opposition to the opinion of the court; but should consider it his duty, to enter a nolle prosequi , and move to send them for trial to the place where an overt act was committed.
The Chief Justice said that it was undoubtedly the opinion of the court, that the facts proven to have been committed at Blannerhasset's island did not amount to an overt act of treason. But the court did not contend that their opinion should apply to the facts of any particular case. They only meant to declare the law, leaving it to the jury to determine from the facts submitted to them, whether an overt act of treason had been committed or not.
Mr. Hay observed, that he should enter a nolle prosequi as to Blannerhasset and Smith, and move the court to commit them together with the person who now stands before them indicted of a misdemeanor, in order that they may be sent to the place where the overt act was committed—if the court should be of opinion after hearing the evidence that it would be proper to do so. For
this purpose he moved that Blannerhasset and Smith be brought into court.
Col. Burr contended, that his case and that of Mr. Blannerhasset and Mr. Smith was quite separate and distinct, and that the motion could not be blended. To hear them together would tend to produce confusion. He should insist that the motion against him be taken up separately. He should also insist that there be a specification of the place where the offence is supposed to have been committed.
Mr. Hay said, he did not know that he was bound to specify the place—but he had no objection to doing it as far as was in his power. It is said that Col. Burr was at the mouth of Cumberland; there he was joined by Blannerhasset and Smith; and from thence descended the river with the forces which he had been collecting; their number of men and military accoutrements increasing till the moment when they were finally dispersed. It will be in the power of the court to say after the evidence should be heard, whether they should be sent to another place for trial, and to what place. He confessed that he made the motion with a great deal of reluctance. He had pondered the subject very much; and it was the course which his conscience and a sense of duty prescribed. The form of the motion was objected to. It was said that we had no right to blend the examination of the three persons accused. The propriety of this course must be obvious. Blannerhasset and Smith would not be bound by evidence which was not delivered in their presence. If a motion should be made separately, the evidence must be three times repeated. It is supposed that much confusion will result from a joint examination. He did not expect to have heard such observations addressed to the court. However chaotic, however confused the case may be, the court will have no difficulty in separating the evidence and applying it to each person. But he believed the testimony would bear equally upon all; for they were all present. If, however, it should be the pleasure of the court to hear the motions separately, he should acquiesce.
Col. Burr remarked, that there would be no necessity to repeat the testimony, because the court could recollect it and apply it to the case of each individual. Besides some evidence might be deemed necessary by some, which would not be by another.
Mr. Botts said, that Col. Burr, having gone through one trial for the whole treason, he stood upon different grounds from any one of the others. Different, not only as it related to many legal questions, but to the evidence which might be adduced. When the evidence should be gone through, he expected that Mr. Hay's overt act would be to himself a subject of ridicule. Besides there were separate counsels retained for the several gentlemen; and the examination ought, as nearly as possible to assume the shape of a final and regular trial.
Mr. Wickham observed, that Col. B. had been tried for treason; & the jury had found a verdict of not guilty. He was consequently entitled to his discharge, though he had not as yet moved for it. He appears as any other innocent man, and unless something else should be exhibited, he could not with any degree of propriety be detained longer in custody. Again, the scene of action laid by the counsel for the prosecution, embraces a range of 1500 miles. Suppose a man arrested by a warrant on suspicion of treason or felony. Would not the prosecutor be compelled to designate some place where the crime was supposed to have been committed? Surely he would.
Ch. Jus. With respect to the verdict not guilty, that is a question of law and not of fact. On the question of a general charge of treason or felony, I understand the law to be that the accusation may be brought against any individual; and it is the duty of the judge to enquire whether a crime has been committed against the U. S. If the judge shall be of opinion that an offence has been committed, but not within the jurisdiction of the court, it is the duty of the district judge to remove the accused to the district where the offence was committed. That a grand jury may find a bill conjointly against several persons, he believed, there could be no doubt; but he was not certain whether they could be tried together before the petit jury without their own consent. He was rather inclined to think that they could not.
Col. Burr said there could be no doubt but that there could not be a joint trial without consent of parties.
The Chief Justice mentioned a difficulty which he did not know how the court could get over. Colonel Burr was now in custody of the marshal, and bound to answer an indictment for a misdemeanor. He did not know how he could be taken out of that custody and sent to a foreign jurisdiction for trial of another offence.
Mr. Hay. I shall make the motion to the court, and leave it to the court to decide.
Chief Justice said he did not know
how he could do it.
Mr. Hay. I know how to do it. When the court is called upon to decide, and the difficulty presents itself, I will remove it. I do not expect to undo the knot, but I can cut it.
Mr. Wickham contended, that the difficulty should be removed in the first instance. Colonel Burr was now in custody.
Mr. Hay observed, that it was obvious the question did not occur till the court was called upon to transmit the accused. Then the difficulty will present itself and not before.
Mr. Botts said, the subject presented two questions, one to commit , and the other to transmit to a foreign court. Which was the most regular in the order of proceedings? Surely the commitment? Suppose Col. Burr had been in custody, and bound to answer in another court—Could this court act upon him till he was discharged from his prosecution there?
Mr. Wickham, after making some observations as to the course of proceedings in this case, said, that this might be sport to the government. He would not say it was death to Col. Burr—but it was death to every individual whom the government might think proper to persecute.
Chief Justice. This court commits , the district judge transmits . But why commit for custody? He is already in custody.
Mr. Hay. The application to you, sir, is to commit . If the district judge should find any difficulty, upon enquiring into the circumstances, it will be removed.
Chief Justice. The only doubt is whether this court is not bound to hear the whole case before a decision is made. Suppose the motion had been made before the district judge, might he not require a decision upon the present indictment before he committed?—(After examining the law) the Chief Justice said, that when a person was to be transmitted to a foreign court, if the offence was bailable, the court was to take a recognizance of bail. Now, can the court take a recognizance to appear in another court when the party is bound to appear in this?
This court is bound to specify the court to which the accused is to be sent; and the district judge is bound to send him.
Mr. Blannerhasset and Mr. Smith, were brought into court by the marshal.
Mr. Hay observed, that the three persons then before the court, all stood in the same situations and the same difficulty applied to all. He regretted that the court had not expressed an opinion before the prisoners had been sent for. He was not disposed to disturb the opinions of the court; but would go on with the trial for a misdemeanor against Col. Burr.
The clerk was about to read the indictment for a misdemeanor, when he was interrupted by Col. Burr, who said he was not to be arraigned, but might plead by attorney. He said that he was not in court upon that indictment. He was only in court because he had not moved to be discharged from the first indictment. He hoped that nothing which had passed would prevent a full consideration of this subject. In this case he wished to set up certain landmarks by which others might be guided, who were to follow; and he feared there would be many.
Mr. Wirt enquired as to the effect of the proclamation which was made by the marshal after the jury had returned their verdict. The usual course was, (and the one which had been adopted in this case) for the officer to make proclamation if any person "knew of any treasons, felonies, or other misdemeanors committed or done by the prisoner at the bar, let them come forth and they shall be heard. The prisoner at the bar stands upon his deliverance," that is, his discharge.
Mr. Hay. It was at first objected that Col. Burr was in custody, & therefore he could not be transmitted to any other court. We are now told that he is not in custody.
Mr. Botts went into a lengthy argument to prove that although Col. Burr was corporally present, he was not legally in court. He produced a number of precedents from the records of the general court of this state, as well as of the Federal court, to shew that after an indictment for a misdemeanor, the regular process was a summons , and not a capias , by which the body could be arrested. He relied particularly on the opinion of Judge Iredell, pronounced in Mundell's case, in which he considered the practice of the state courts as adopted throughout by the judicial act of Congress, and on the practice in Sinclair's case, which was a prevention under this very act. In the latter case, the process was a summons .
Col. Burr observed, that his counsel considered it a question of policy not to move for his discharge immediately. In submitting to give bail as to the misdemeanor in the first instance, it was never his intention to admit the right to demand it.
The Chief Justice said, that he had determined, in the first instance, that
bail was demanded, without considering the subject fully. He thought the law was clear. But he was open to conviction. He did not think himself precluded from a full examination of its propriety.
Mr. Hay said, he was not solicitous as to the result of the motion. The question now was, whether the prisoner should appear to the indictment for a misdemeanor without bail. Whenever a motion should be made to discharge him altogether, he should object to it, on the ground that treason had been committed elsewhere. He relied upon the act of Congress, which said, that for any crime or offence against the U. S. the prisoner upon an arrest, should be committed or give bail. He also relied upon the practice of this court in the case of Logwood. He had no doubt as to the application of the law of Congress to the practice of the state courts in civil cases. His only doubts were whether it applied to criminal cases.
Mr. Wickham considered that the act of Congress declaring that the usual mode of process of the several states in criminal cases should be adopted, was conclusive upon this question. This act of Congress fixes the punishment, but the proceedings are to be according to the laws of the several states. He had no objection to state the motives which governed the counsel of Col. Burr, in submitting to bail as to the misdemeanor. Such was the infatuation of the public mind, that if the grand jury had not found a true bill as to the treason, it was believed that Colonel Burr would have been taken with or without process, and sent to some other place. He therefore gave bail as to the misdemeanor, in order that he might be under the protection of the court.
The Chief Justice said, that when he gave his opinion on the question of entering into an examination of evidence, with a view to send the accused to Cumberland, or to some other place, it was predicated on the idea that he was actually confined by the process of this court. The precedents of this court which have been quoted, seem to settle the practice very differently from my ideas of the law of Congress, in relation to criminal prosecutions. The question deserves consideration; and if I should be of opinion that I am bound by those precedents, then the foundation on which I gave my opinion falls.
Mr. Hay enquired, where would be the propriety of issuing a process to bring a person into court, who was already before it.
The Chief Justice said, that if a capias should be determined to be the proper process, he should consider the state of the party as sufficient, and might direct the marshal to take him into custody; but if a summons should be considered the regular process, he could not make such an order; and a venture must be awarded. If a venture issues, it will involve a question, whether the party is not entitled to a continnuance .
The court took time to consider, and adjourned till to-morrow, 10 o'clock.
THURSDAY, SEPTEMBER 3.
The Chief Justice delivered his opinion as to the proper process on an indictment for a misdemeanor of the kind charged against Col. Burr; the result of which was, after examining the laws of Congress and reviewing all the precedents, that the regular process was a capias .
As soon as this opinion was delivered, Mr. Hay observed that he would then proceed to the trial of the indictment for misdemeanor.
Chief Justice. The issue must be made up, I suppose.
Mr. Burr. A letter has been demanded from the President of the U. S. which has often been often promised, but never produced. I wish to know if that letter is in court, and whether it cannot be put into the hands of the clerk.
Mr. Hay. I believe that it is not in my possession, for I have not been able to find it among my papers after a minute search. Perhaps it may not be necessary to produce it, as there is a copy of it which is ready to be verified by the oath of more than one person.
Mr. Burr. I cannot admit a copy. It is certainly strange, that after the President's promise, this letter is not here.
Mr. Martin. It is within my knowledge, that Mr. Rodney has been to the city of Washington since the application was made for this paper.
Mr. Hay. I have made a minute search, among the large bundles of papers, which Mr. Rodney has transmitted to me, but I have not found it. Gen. Wilkinson has a copy of the letter verified on oath.
Chief Justice. Unless the loss of the original be proved, a copy cannot be admitted.
Mr. Burr then observed that he should now call the attention of the court to the subject of bail; as the opinion just delivered by the court demands bail; that since bail was demanded of him on a former occasion, circumstances had considerably varied, and some had occurred which ought to mitigate the amount of bail; that it was useless for him to mention these circumstances as they were well known, and it would consequently be understood that

he was not as able to give as much bail; that it should be recalled, that the prosecution for treason had failed; and that under such circumstances he concurred that bail of the sum which was demanded on a former occasion was sufficient for the present.
Mr. Botta repeated the same idea. He observed that in this country the state of a man's property was a criterion for the amount of bail; and that it could not be expected that a man of no property should give high bail. Col. Burr's circumstances were well known.
Mr. Hay differed in one respect from the opposite counsel. Col. B. had certainly been acquitted on the charge of treason, but it was not after a full exhibition of the evidence. A small portion indeed had been produced; but the greatest part of the most interesting evidence had been excluded. It was proper that the charge for treason should be fully investigated somewhere; either in Kentucky, Tennessee, or the Mississippi Territory; and that Mr. B.'s person should be kept safe until he himself had an opportunity of moving for his commitment, which he should certainly do, as soon as the trial for misdemeanor would permit him.
Mr. Wickham hoped that bail would not be taken in reference to a future motion. Col. B. it has been tried and acquitted. And what has been proved with respect to the misdemeanor? Nothing, that was done in the state of Virginia.
Mr. Botta hoped when this motion was made that the court would see in it an attempt most alarming; and they would consider it a germ, which if not crushed in time, would hereafter grow up to the extreme danger of the rights and liberties of American citizens. It was best, however, to say at this time as little about it as possible. The government had selected a particular place for Col. B.'s trial; and from the success of that prosecution, the court will easily argue the fate of those which might come after. As to the motion which was menaced by Mr. Hay, it would not be forgotten that inquests had been already held on these acts in Kentucky and Tennessee.
The Chief Justice observed, that in demanding bail on the present occasion, he would not make any reference to any charge which may be made hereafter; that on the former occasion, he had not taken into view the charge of treason, nor ought he to do it on the present occasion; that he thought and does still think that his former bail was a very high sum; for to bail any man in a sum six times higher than the fine to which the punishment of that offence could subject him, was certainly a high sum, particularly in a country whose constitution forbids the exaction of excessive bail; but that he was disposed on that occasion to require as high a bail as he could reconcile with his ideas of propriety. Circumstances however, had varied since that occasion. Debts of a civil nature had come against the accused, which would necessarily increase the difficulty of his giving bail. Under all these considerations he should be content with the sum of 3000 dollars.
Mr. Wirt suggested, whether the making of bail would not entangle the prosecution in their motion for commitment; and whether this motion could not be heard before the present measure was adopted. Would not this recognition impede the motion for commitment?
The Chief Justice observed, that the court could not hear such a motion at present. They could hear it at any time, if the counsel for the prosecution would get rid of the trial for misdemeanor. For so long as Mr. Burr was bound by his recognizance, he himself could not take him out of the possession of the court to send him to another court for trial.
Mr. Wirt. Is the court then prepared to say, that after a man is bailed for an inferior offence, he is exempt from any motion to commit him for a higher offence? Will not such a motion operate to exonerate him from his recognizance?
Chief Justice. The court have no right to hear such a motion?
Mr. Wirt. I mean no disrespect to the court; but they will permit me to enquire, whether a man if bound only for 5000 dollars, is thereby exonerated from any responsibility for the perpetration of some enormous crime; such as murder or treason. Does not such a doctrine hold out the chance of impunity to every man that is charged with a capital offence?
Chief Justice. Does not this inconvenience arise from your placing yourselves in this situation?
Mr. Martin. The counsel may easily get rid of this difficulty by entering a Nolle Prosequi to the indictment for the misdemeanor.
Mr. Wirt. This subject is really important in a national point of view. Suppose that this man should go into another district and perpetrate some heinous offence, such as murder or treason; is there no means of holding him in confinement for his trial? Is the recognizance in which he is now to be bound, to exonerate him from all responsibility?
Mr. Burr observed, that the gentleman should state an analogous case, such as the present; of levying war, where two indictments grew out of the same act. Let the attorney enter a Nolle Prosequi and he may then proceed to his motion for commitment.
Mr. Hay suggested a method for removing the difficulty. He wished to remove Mr. Burr for his trial to another district. Most of the witnesses have been here for a long time, and he wished to dismiss them as soon as possible. Let the court then hear this motion; if the evidence is produced, and not still then does the difficulty occur, he
cannot be removed under existing circumstances, the counsel for the prosecution would then enter an Exoneratur or waive the necessity of his appearance altogether.
Mr. Botta objected to this method of bargaining with the court, that "they will exonerate, if the court would only commit." Who occasioned the present difficulty? Not the court; but the counsel for the prosecution. Was this difficulty a meritorious or a necessary one? Is it meritorious? The fact alleged is the very same out of which both the treason and the misdemeanor have grown. Can the counsel for the prosecution make two offences out of one fact? If so, he may make 2000. If a man be acquitted on this indictment, he might be indicted for a riot; he might be indicted for every man's life who falls in the war; he might be indicted for an unlawful assemblage. There is no merit then in this duplicate prosecution; there is no fairness in thus multiplying offences.
A long and desultory conversation on this subject ensued, when the Chief Justice observed that he was disposed to give it a more serious consideration.
Mr. Wirt. This question is not so optional with us, as the court may conceive. The accused may move for a continuance of the cause; and I consider his mention of a letter as the harbinger of such a motion.
Chief Justice. If I do continue this cause, I will consider on the propriety of granting the motion for a commitment, after the merits of that motion have been opened.
Mr. Burr. Shall they cut up this fact into two offences? It is oppression to be thus giving so many faces to one offence; particularly after they have been so completely baffled in one of their prosecutions.
Mr. Wirt. If we give two different faces to this prosecution, it is because he has given so many faces to his transactions. It is because he was looking at the same time to the north as well as to the south; and while projecting a central revolution; he was meditating an invasion to Mexico. As to our being baffled in the other prosecution, it was not from the want of evidence, but from his escaping under the shelter of the law. We have thought as the G. Jury did, and as the most illuminated men in the state have done, we have been misled by that very interpretation of the opinion of the supreme court, which almost every man in the state would have given.
Mr. Botta was going to show on a previous occasion, that it was impossible to make two charges out of one overt act; but Mr. Wirt now says that it is because the act itself has two faces. But is there any act which may not have 1000? Gentlemen are misled by aspects of fanaticism against colonel Burr; and it will be in our power hereafter to demonstrate that we are directed by a regard to the rights and liberties of the people.
Mr. Burr then observed that he had lately discovered that a letter of gen. Wilkinson's of the 12th of Nov. was material to his defence. He had made an affidavit to that effect.
Mr. Hay observed that he had that letter; but he would beg leave to state, that in gen. W.'s letters there was a great deal of matter which ought not to be made public; among the rest several strictures upon certain characters in the western country, which were freely imparted to the government in the strictest confidence. Would it not be better to trust the court with the selection of such parts as it might deem necessary to the defence of the accused?
Mr. Martin. Are we to have a secret tribunal? Let the argument be in writing.
Mr. Hay then proposed to submit those letters to the inspection of either Mr. Randolph, or Mr. Botta, or Mr. Wickham; the man so selected to pledge himself, upon honor, not to divulge the confidential contents. If there was any difference of opinion as to what were confidential passages, the court were to decide.
Mr. Burr's counsel objected to inspecting anything which was not also submitted to their client.
The subject was waived for the present, on Mr. Burr's suggesting that the opposite counsel might perhaps come to some understanding on this point during the recess of the court.
Chief Justice determined that he would proceed upon the trial of the indictment for a misdemeanor, to-morrow, if Col. Burr should be ready.
Col. Burr was declared by the court to be discharged from the indictment for Treason.
Gen. Jonathan Dayton appeared in court; and Mr. Wickham observed, that if it was the pleasure of the prosecution to proceed upon the indictment for Treason, found against gen. Dayton, some steps would be necessary preparatory to a trial.
Mr. Hay said that after the decision of the court upon the doctrine of treason, he did not see the propriety of incurring the expense and trouble of a trial; especially as he did not know of any act charged against him which would amount to treason, under that decision. He therefore thought it the most correct course to enter a nolle prosequi as to that indictment; which was accordingly done.
Mr. Wickham then, as attorney for gen. Dayton, pleaded NOT GUILTY to the indictment for a misdemeanor.
FRIDAY, SEPTEMBER 4. The proceedings of this day commenced with an application on the part of A. Burr for the production of an original letter from gen. Wilkinson to the President of the U. S. dated the 12th of Nov. 1806, which letter was in the pos-
session of Mr. Hay, the attorney for the U. S. The President having confided to Mr. Hay the discretion of withholding such parts of the said letter as were of a confidential nature, he refused to exhibit the whole of it in evidence. A writ of Subpoena duces Tecum was thereupon awarded, returnable immediately, commanding Mr. H. to produce the letter. His return was in the following words:
I hereby acknowledge service of the above subpoena, and herewith return a correct and true copy of the letter mentioned in the same, dated 12th Nov. 1806, excepting such parts thereof, as are, in my opinion, not material for the purposes of justice, for the defence of the accused, or pertinent to the issue now about to be joined; the parts excepted, being confidentially communicated to the President, and he having devolved on me the exercise of that discretion which constitutionally belongs to himself. The accuracy of this opinion I am willing to refer to the judgment of the court, by submitting the original letter to its inspection. I further certify, in order to shew, more clearly, the irrelevancy of the parts excepted, to any defence which can be set up in the present case, that those parts contain a communication of the opinion of the writer concerning certain persons; about which opinion, or the fact of his having communicated it, the writer, if a witness before the court, could not legally, as I conceive, be interrogated, and about which no evidence could legally be received from other persons.
GEORGE HAY.
Col. Burr's counsel then observed, that they had two resources for compelling the production of the paper; either to move for an attachment against Mr. Hay, which their friendship would forbid.
Mr. Hay declared, that these papers could not be extorted from him, without the intervention of the authority of the court; and even were they to issue their process, that he should rather go to jail, than surrender the letter;—or to move for a rule "that this prosecution stand and be continued till that letter be deposited with the clerk." They would accordingly press the latter motion.
This motion produced an animated discussion. For it is five o'clock the Chief Justice decided that under the circumstances of this case, it was not in the power of the court to say, that the letter should not be produced; that the reasons assigned for withholding it were not sufficient, and that if it were not produced, the court must either take measures to compel a compliance with its process, or continue the cause. With respect to such parts as were deemed confidential, the court would take measures to prevent their being made public, by providing that no copies should be taken, that no use was to be made of the letter except in relation to the trial, that it should not go out of court, and that those persons who take notes of the proceedings were not to consider themselves at liberty to publish any part of that letter.—He concluded by repeating that the production of the letter in court might contribute to remove many of these suspicions, which its suppression would infallibly excite. The grounds occupied by the counsel on both sides, will be detailed in our next.
Mr. Hay observed, that he was not distinctly acquainted with the wishes of General Wilkinson on this subject, he should, however, consult him; and he hoped that he would consent to the production of the letter, under the restrictions mentioned by the court.
Some conversation then ensued upon the arrangements necessary to the trial for misdemeanor. The marshal was instructed to summon a jury, and Monday was fixed for the trial.
OPINION Of the court, on the motion to arrest the evidence, delivered on MONDAY, August 31.
The question now to be decided has been argued in a manner worthy of its importance, and with an earnestness evincing the strong conviction felt by the counsel on each side, that the law is with them.
A degree of eloquence seldom displayed on any occasion has embellished a solidity of argument and a depth of research by which the court has been greatly aided in forming the opinion it is about to deliver.
The testimony adduced on the part of the U. S. to prove the overt act laid in the indictment, having shown, and the attorney for the U. S. having admitted, that the prisoner was not present when that act, whatever may be its character, was committed, and there being no reason to doubt, but that he was at a great distance, and in a different state, it is objected to the testimony offered on the part of the U. S. to connect him with those who committed the overt act, that such testimony is totally irrelevant, and must therefore be rejected.
The arguments in support of this motion respect in part the merits of the case, as it may be supposed to stand independent of the pleadings, and in part as exhibited by the pleadings.
On the first division of the subject two points are made. 1st. That conformably to the constitution of the U. S. no man can be convicted of treason who was not present when the war was levied.
2d. That if this construction be erroneous, no testimony can be received to charge one man with the overt acts of others, until those overt acts as laid in the indictment are proved to the satisfaction of the court. The question which arises on the
construction of the constitution, in every point of view in which it can be contemplated, is of infinite moment to the people of this country, and to their government, and requires the most temperate, and the most deliberate consideration.
"Treason against the United States shall consist only in levying war against them."
What is the natural import of the words "levying war"? And who may be said to levy it? Had their first application to treason been made by our constitution, they would certainly have admitted of some latitude of construction. Taken most literally, they are perhaps of the same import with the words raising or creating war, but as those who join after the commencement are equally the objects of punishment, there would probably be a general admission, that the term also comprehended making war, or carrying on war. In the construction which courts would be required to give these words, it is not improbable that those who should raise, create, make or carry on war might be comprehended. The various acts which would be considered as coming within the term, would be settled by a course of decisions, and it would be affirming boldly to say, that those only who actually constituted a portion of the military force appearing in arms could be considered as levying war. There is no difficulty in affirming that there must be a war or the crime of levying it cannot exist, but there would often be considerable difficulty in affirming that a particular act did or did not involve the person committing it in the guilt and in the fact of levying war. If, for example, an army should be actually raised for the avowed purpose of carrying on open war against the U. S. and subverting their government, the point must be weighed very deliberately, before a judge would venture to decide that an overt act of levying war had not been committed by a commissary of purchases, who never saw the army, but who, knowing its object and leaguing himself with the rebels, supplied that army with provisions, or by a recruiting officer holding a commission in the rebel service, who, though never in camp, executed the particular duty assigned to him.
But the term is not for the first time applied to treason by the constitution of the U. S. It is a technical term. It is used in a very old statute of that country, whose language is our language, & whose laws form the substratum of our laws. It is surely conciliable that the term was not employed by the framers of our constitution in the sense which had been affixed to it by those from whom we borrowed it. So far as the meaning of any terms, particularly terms of art, is completely ascertained, those by whom they are employed must be considered as employing them in that ascertained meaning, unless the contrary be proved by the context. It is therefore reasonable to suppose, unless it be incompatible with other expressions of the constitution, that the term "levying war" is used in that instrument in the same sense in which it was understood in England and in this country, to have been used in the statute of the 25th of Edward 3d, from which it was borrowed.
It is said that this meaning is to be collected only from adjudged cases. But this position cannot be conceded to the extent in which it is laid down. The superior authority of adjudged cases will never be controverted. But those celebrated elementary writers, who have stated the principles of the law, whose statements have received the common approbation of legal men, are not to be disregarded. Principles laid down by such writers as Coke, Hale, Foster and Blackstone, are not lightly to be rejected. These books are in the hands of every student. Legal opinions are formed upon them, and those opinions are afterwards carried to the bar, the bench and the legislature. In the exposition of terms, therefore, used in instruments of the present day, the definitions and the dicta of those authors, if not contradicted by adjudications, and if compatible with the words of the statute, are entitled to respect. It is to be regretted that they do no shed as much light on this part of the subject as is to be wished.
Coke does not give a complete definition of the term, but puts cases which amount to levying war. "An actual rebellion or insurrection, he says, is a levying of war." In whom? Coke does not say whether in those only who appear in arms, or in all those who take part in the rebellion or insurrection by real open deed.
Hale in treating on the same subject puts many cases which shall constitute a levying of war, without which no act can amount to treason, but he does not particularise the parts to be performed by the different persons concerned in that war, which shall be sufficient to fix on each the guilt of levying it.
Foster says "the joining with rebels in an act of rebellion, or with enemies in acts of hostility will make a man a traitor." "Furnishing rebels or enemies with money, arms, ammunition or other necessaries will prima facie make a man a traitor."
Foster does not say that he would be a traitor under the words of the statute independent of the legal rule which attaches the guilt of the principal to an accessory, nor that his treason is occasioned by that rule. In England this discrimination need not be made except for the purpose of framing the indictment, and therefore in the English books we do not find any effort to make it. Thus surrendering a castle to rebels, being in conspiracy with them, assisting them, or being in the secret of their plans, and Foster to be treason under the clause of levying war, but whether it be levying war in
fact, or aiding those who levy it, is not said. Upon this point Blackstone is not more satisfactory. Although we may find among the commentators upon treason enough to satisfy the enquiry, what is a state of internal war? Yet no precise information can be acquired from them which would enable us to decide with clearness whether persons not in arms but taking part in a rebellion, could be said to levy war independent of that doctrine which attaches to the accessory the guilt of his principal.
It is in adjudged cases this question has been taken up and directly decided, the court has not seen those cases. The arguments which may be drawn from the form of the indictment, though strong, is not conclusive. In the precedent found in Tremaine , Mary Speake who was indicted for furnishing provisions to the party of the duke of Monmouth, is indicted for furnishing provisions to those who were levying war, not for levying war herself. It may correctly be argued, that had this act amounted to levying war, she would have been indicted for levying war, and the furnishing of provisions would have been laid as the overt act. The court felt this when the precedent was produced. But the argument, though strong, is not conclusive, because in England the enquiry whether she had become a traitor by levying war, or by giving aid and comfort to those who were levying war, was immaterial, and because too it does not appear from the indictment that she was actually concerned in the rebellion, that she belonged to the rebel party, or was guilty of any thing further than a criminal speculation in selling them provisions.
It is not deemed necessary to trace the doctrine that in treason all are principals to its source. Its origin is most probably stated correctly by Judge Tucker, in a work, the merit of which is with pleasure acknowledged. But if a spurious doctrine has been introduced into the common law, and has for centuries been admitted as genuine, it would require great hardihood in a judge to reject it. Accordingly, we find those of the English jurists who seem to disapprove the principle, declaring that it is now too firmly settled to be shaken.
(TO BE CONTINUED)
Treasury Department, Register's Office, June 3th, 1807.
Notice is hereby given,
THAT, in conformity with the provisions of the act supplementary to the act, entitled "an act making provision for the redemption of the whole of the public debt of the United States," books will be opened at the Treasury on the first day of July next, to continue open until the seventeenth day of March, 1808, inclusive, the fourteen last days of each quarter excepted, for the purpose of receiving subscriptions for such parts of the old six per cent. deferred six per cent. and three per cent. stocks, as may, on the day of subscription land on the books of the treasury.
Those proprietors of the old six per cent. and deferred stocks, who may subscribe, will receive in lieu thereof a new six per cent. stock, equal to the unredeemed amount of the stock surrendered, redeemable at the pleasure of the United States, under a proviso however, that no reimbursement shall be made except for the whole amount of any such new certificate of stock, nor till after six months previous notice; and the proprietors of the three per cent. stock who may subscribe, will receive in lieu thereof, a six per cent. stock, equal to sixty-five per cent. of the amount of three per cent. surrendered, redeemable in the same manner as the new six per cent. above-mentioned, but not redeemable however, without the assent of the holders, until after the whole of the new six per cent. (given in exchange for old six or deferred as above-mentioned,) as well as the whole of the eight per cent. stock of the United States, shall have been reimbursed. It is also provided that in every reimbursement which may take place, a preference will be given to those creditors who may notify their claim to be reimbursed, and that if the applications to that effect shall at any time either exceed or fall short of the sum then applicable to that purpose, the priority of payment shall, so far as may be necessary, be determined by lot.
The present flockholders who reside in any part of Europe and may assent to that modification, may, at their option, receive the interest accruing on the new stock, either in the United States as heretofore, or in London, or Amsterdam, at par; in which last case, the interest will be paid there by the bankers of the United States, six months subsequent to the day on which the same would be payable in the United States and subject to no variation; nor to any other deduction than a commission to the bankers, of one half per cent. on the interest thus paid.
JOSEPH NOURSE, Reg. of the Treasury. NOTE.—Proprietors of 1000 dollars nominal six per cent. stock, subscribed before the 1st October, 1807, will be entitled to receive 649 62 of new six. If subscribed between the 1st Oct. and 31st Dec. 1807, 64 37. Between the 1st Jan. and 17th March 1808 649 03. Proprietors of 1000 dollars nominal deferred, subscribed before the 1st Oct. 1807, will be entitled to receive, 355 73. If subscribed between the 1st Oct. and 31st Dec. 1807, 853 62. Between the 1st Jan. and 17th March 1808, 341 42. Being the unredeemed amount of the old stock on the 1st July, and 1st Oct. 1807, and 1st January 1808 respectively. Proprietors of 1000 dollars three per cent. stock, will be entitled to receive 650 dollars of new six. June 3—wgm.

WASHINGTON CITY.
FRIDAY, SEPTEMBER 11.
We have again to regret the failure to receive papers from Richmond. None whatever were received by the mail of last evening. We have, however, learnt, through another channel, that at noon, on Tuesday, the panel for the trial of Aaron Burr for a misdemeanor was incomplete, and that nothing of importance had occurred.
Extract of a letter from the supercargo of an American vessel to his owners in this city, dated Cayenne, July 31, 1807.
"We were boarded off this harbor by the English frigate Ceres, captain Pigot, and treated with the utmost indignity. He made use of every threat he could devise to drive us away, and said he was blocking the port, and that if we attempted to go in he would sink the vessel, and should every damaged parcel of us be gasping in the water for breath, he would not let a boat pick one of us up. We, however, on his offering to endorse the register, firmly refused to go away, notwithstanding the reported messages he had sent us, with threats of all kinds annexed to them; after being detained 48 hours, finding ourselves disagreeably situated, I wrote him a letter, saying, that we neither could nor would change the destination of the vessel except from force, and that if he did not allow us to proceed on our voyage, or endorse the register to show that the port was blocked, we should consider the vessel and cargo prize to him. I also observed to him, that our voyage would eventually benefit his country more than it would his enemies, as the whole of our homeward cargo would consist of articles of particular consumption in England, and was solely intended for that market. He sent word back that on that consideration only he would suffer us to go in."
PEACE
BETWEEN RUSSIA & FRANCE.
Statesman office, July 15, 2 o'clock. We have this moment received Paris papers to the 8th inst. and Hamburg and Altona papers to the same date. The latter brings the important news of the preliminaries of peace being actually signed between Russia and France. The cordiality and seeming friendship in which the two emperors are represented as living together in the same town, make us apprehensive the interests of this country have not been much consulted in this treaty.
TILSIT, JULY 2. [At night.]
The preliminaries of peace between France and Russia are signed. The two Emperors have had an interview, and reside in the same town with their respective guards.
This important news was received here this morning, and was brought by one of marshal Brune's aid-de-camps. The letter does not mention the town where the interview took place, but there is every reason to believe it was at Tilsit.
Abelie du Nord, July 7.
Boston, Sept. 5. After our paper went to press, last night, we were politely favored, by the hand of David Hinekey, Esq. with London papers up to the 21st of July, and a Liverpool paper of Aug. 1, 1807, brought by him, in the ship Sally Ann, capt. Clancey, who arrived here last evening in 32 days from Liverpool.
The Sylvania cutter, from Halifax, arrived at Portsmouth, 25th July, with dispatches, from Admiral Berkeley, respecting the affair of the Chesapeake, and which reached London the 26th (or 27th): their contents were communicated by Mr. Canning, to Mr. Munroe; and some friendly notes, it is said, passed between them. There was a general embargo from the 23d to the 31st July, to procure seamen; but the Wasp was released, it is said, at the particular instance of Mr. Munroe, and sailed the 29th, as the papers report, for this country with provisional arrangements which had been agreed upon between Mr. Munroe and the British government, with a view of preventing a rupture between the two countries: we however, learn, verbally, that some thought she was bound to the Mediterranean. American newspapers and letter accounts had been published: the sensation which the news of the attack on the Chesapeake and the reported feelings of the American public, made on the English nation, was great. The manufacturers and merchants, and the Americans, were much alarmed; American credits were stopped; war was supposed by some inevitable; and even privaters were preparing. But Mr. Canning had assured the committee, that it would not alter the situation of things between the two countries; and the chancellor of the exchequer, in the House of Commons, said the British government would not fail to make any atonement or reparation, which should appear due on the occasion. The English papers generally condemn Berkeley; and it is said he is to be recalled.
Time will not permit us to be more particular. The following extracts contain 'the marrow' of the news by this arrival.
EXTRACTS.
LONDON, July 20.
The terms of the treaty of peace have not yet transpired officially, but it should seem as if no intention were entertained of wresting Silesia from the king of Prussia. All the fortresses in Silesia are it is said, to be delivered up to the king on the 1st of October. It is added, there is to be a meeting of plenipotentiaries at Berlin on the 25th of July, to complete the arrangements rendered necessary by the peace. Other accounts say, the Congress of plenipotentiaries is to be held at Dresden. The French troops are to evacuate Tilsit, on the 20th July, Konigsburg on the 25th, Eastern Prussia by the 1st of August, and all the country to the Vistula by the 20th; to the Oder by the 5th of September; and the territories on this side the Oder by the 1st of October. The Duchy of Magdeburg, however, and the right bank of the Elbe, is not to be evacuated before the 1st of Nov. Bonaparte left Konigsburg on the 13th for Dresden, from Dresden, he proceeds direct to Paris.
ALTONA, July 22.
The following, says a private letter, you may depend upon it, is the substance of the conditions of the treaties between France, and Russia and Prussia.
"Russia will not lose any thing, and no cessions are demanded from Austria."
"There is to be no kingdom in Poland, but Warsaw; and a district round it of about 50 or 60 miles, is to be erected into a Duchy. Jerome Bonaparte is spoken of as the new Duke."
"Prussia is to lose all her territories on this side the Elbe; and Westphalia and Hanover will, it is supposed, be erected into a kingdom, of which Jerome Bonaparte will be king, as well as duke of Poland."
"Dantzic is to be a free Hanse town."
DRESDEN, July 15.
Prince Jerome is expected here this day from Silesia and the celebrated Royal Palace in this place is fitting up for his reception. His Royal Majesty leaves this capital to-morrow to meet the emperor Napoleon at Budessin. Besides the French emperor, the emperor of Russia, the king of Bavaria, and other princes, are also expected here. According to other accounts the emperor of Russia is gone to Petersburg. Our town will be very brilliant.
PRIVATE LETTER.
The following are said to be the fundamental stipulations of the peace concluded between Russia and France:
 1. The boundaries of the Duchy of Warsaw shall be determined as well as  2. That of the territory of the Free Hanse Towns of Dantzick; the latter are to be marked two miles round the town by the French, Dantzick, Savonien, and Prussian arms.  3. The boundaries of the kingdom of Westphalia shall also be defined.  4. Tilsit shall be evacuated by the French troops on the 20th of July, and  5. Konigsburg the 25th July.  6. Before the 1st August, East Prussia, as far as the Passage.  7. Before the 20th, as far as the Vistula.  8. Before the 5th September, as far as the Oder; and,  9. All other Royal Prussia dominions, as far as the Oder, as well as Silesia, by the 1st October.  10. The Province of Magdeburg on the right of the Elbe, Pasewalk, and Prenzlau, shall not be evacuated until the 1st November.  11. With regard to Stettin, the time of its evacuation shall be determined by the Plenipotentiaries; until the evacuation it shall be occupied by 6000 French troops.  12. Spandau, Cagrin, and all the fortresses in Silesia shall be surrendered to the Prussians on the 1st October.  13. All other points yet to be arranged shall be settled by the plenipotentiaries to be appointed by both of the contracting parties, who are to meet at Berlin, on the 25th of July. The revenue of the Prussian dominions is to be for account of his Prussian majesty from the 13th of July, on condition that the contribution demanded be paid to the French. 
NUREMBERG, JULY 16.
There is a talk of a confederation of the North, to be established under the protection of Russia, of indemnification of several German princes in the North, of the extension of the confederation of the Rhine to the Elbe, &c. It is said also that the kingdom of Poland will be re-established, and given to a French prince; and that Russia will renounce forever all authority over Moldavia, Wallachia, and several other neighboring Turkish provinces.
BANKS OF THE MAINE, JULY 14.
We learn that the French will not leave Germany till peace shall have been concluded with England.
WARSAW, JULY 13.
All the persons in the train of the Prince of Benevento (M. Talleyrand) have left this city for Dresden, where it is said a Congress will be held for the conclusion of a general peace. This report, however, requires confirmation.
MAGDEBURG, JULY 16.
A courier who has passed through this city with the utmost speed, carries orders to Paris to prepare every thing for the reception of his majesty the emperor, who expects to arrive there on the 1st of August. His imperial majesty has left Tilsit and is going to Dresden, where he is expected.
MILTZOW, JULY 17.
The French are before the gates of Stettin. Marshal Brune's head quarters are here. The king of Sweden has proposed an armistice, in order to negotiate a peace; but received for answer that this proposal cannot be acceded to, unless a guarantee be given, and that guarantee must be Stettin.
LONDON, JULY 26.
Bonaparte is stated to have arrived at Konigsburg on the 11th, from whence he was to proceed to Berlin, & thence by way of Dresden and Mentz to Paris. The emperor Alexander and the king of Prussia remained at Tilsit, but it is added, that both monarchs had promised to visit Napoleon at Paris.
The French are stated to have lost between 30 and 40,000 men in the battle of Friedland.
Austria, it is said, has been called upon to cede the two Galicias; and it is reported that the Grand Duke Constantine is to be established in Poland.
Peace was signed at Tilsit on the 8th inst. between the emperor of the French and the emperor of Russia.
The treaty of peace between France and Prussia was signed on the 9th July, and ratified the following day.
JULY 27.
About noon yesterday the fleet assembled in Yarmouth Roads, and supposed to be intended for the Baltic got under weigh.
The troops which are already embarked under orders, amount to at least 20,000 men. The force already in the Baltic amounts to ten or twelve thousand.
JULY 31.
An American schooner with dispatches from the U. S. relative to the Chesapeake, is said to have arrived at Portsmouth yesterday.
Considerable sensation was excited yesterday by a report that the emperor Alexander had accepted the order of the French Legion of Honor. The Grand Duke Constantine, prince Kurakin and gen. Benningsen, have also been presented with the insignia of Bonaparte's order.
The embargo which was laid on for 8 days for the purpose of obtaining seamen, was taken off this morning in the port of London. We should suppose, from this, that the expedition had sailed.
Lord Cathcart passed the sound on the 14th and proceeded direct to Stralsund.
An engagement has taken place between the Russian and Turkish squadrons off the island of Tenedos, and we suspect to the disadvantage of the latter.
It is reported, that a successor to the hon. admiral Berkeley, will immediately set out to the American station. He, however, is to take with him a formidable augmentation to our naval force on that station.
House of Commons, July 27.
Mr. Whitbread wished to ask the hon. the Chancellor of the Exchequer a question touching the melancholy account this day received in town, respecting the capture of the American frigate Chesapeake, which excited such general and regretful sensation in the metropolis--whether any accounts had been received by his majesty's government relative to that transaction? Whether it was with the privity or authority of our government at home, and if it was intended to lay before the house any communication upon that subject.
The Chancellor of the Exchequer answered, with respect to the question relative to what he too considered a melancholy event, the capture of the American frigate Chesapeake, by a British cruiser, he could only say, as one of his majesty's ministers, that he was not informed of any of the particulars of that transaction, farther than by common rumor. His majesty's government, however, would leave no means unexercised to learn the particulars of this lamentable event, and to whom the circumstance was justly imputed; nor should they hesitate to make any atonement and reparation in their power that on a fair inquiry should appear to be due on the occasion."
LIVERPOOL, AUGUST 1.
The intelligence received this week from the coast of America, has excited a great degree of agitation in all parts of the nation, and especially in the commercial towns. It is certain that no accident could be more perverse or ill-timed. At all events it may tend to bring to a speedy decision the existing dispute on which the two nations are now at issue. The "right of search" is supposed to be the great stumbling block which caused the rejection of the treaty by Mr. Jefferson, and it is a point on which the two nations are supposed to be equally pertinacious.
Some hopes are now entertained that this affair will not inevitably lead to hostility. If captain Humphrey's proceeded on the positive instructions of our government, we should despair of seeing the dispute amicably accommodated; but it is clear from the expressions of Mr. Percival, in the House of Commons, that this was not the case.
BULLETIN, No. 84.
Tilsit, June 24.
The marshal of the palace, Duroc, went on the 24th, to the head quarters of the Russian army, on the other side of the Niemen, to exchange the ratification of the armistice, which had been ratified by the Emperor Alexander.
It is already seen by the armistice, that the left wing of the French army supports itself on the Curche Hoff, at the mouth of the Niemen, from whence our line extends itself towards Grodno;
the right, commanded by marshal Massena, reaches to the confines of Russia, between the sources of the Narwa and the Bug. The head quarters are about to be removed to Konigsberg, where every day new discoveries are made of provisions, ammunition, and other effects, belonging to the enemy.
A position so formidable is the result of successes the most brilliant; and while the enemy's army flies routed and almost destroyed, more than half the French army has not fired a musket.
Custom House, New-York.
Collector's Office, Sept. 5, 1807.
The President's proclamation having interdicted all communication and intercourse between the citizens of the United States and the ships of war of his Britannic Majesty, all persons are hereby notified, that the penalties incurred by a breach of the said proclamation, will be rigorously enforced.
DAVID GELSTON, Collector.
UNION LIGHT INFANTRY
Company Orders.
September 11th, 1807.
THE Union Light Infantry will assemble in company, in full uniform, and under arms, on the parade north of the President's House, every Saturday evening, at half past four o'clock. Fifteen minutes after which the roll will be called, and the absentees noted and reported to the Committee of Enquiry.
The Committee of Enquiry for determining and punishing all infractions of the bye-laws, will hold its first session on Wednesday the 30th instant, at 5 o'clock in the evening, at the Treasury Department.
James McClery is elected treasurer--to whom all contributions and fines under the bye-laws are to be paid.
JOHN DAVIDSON, Capt.
Union Light Infantry.
The members who have not received arms, will be supplied on application to the Captain, at his Store near the Branch Bank, F Street.
NOTICE.
THE Commissioners appointed in pursuance of an act of the City Council, to superintend the improvement of the Grave Yard in the city of Washington, hereby inform the public that, the Grave Yard on square No. 100, near Mr. Holmead's will be completely inclosed in a few days--that they have laid off the said square i. to fires for graves agreeably to a plan filed in the office of the Register of the City, and that a part of the said fires, as designated on said plan, will be read for sale on Saturday the 10th day of October next, or which purpose a subscription paper will be set in the office of THOMAS H. HARRY, Esq. Register of the City, where those persons disposed to purchase or subscribe, will have an opportunity of examining the plan and of making their selections the right of which will be in the order of purchase or subscription, referring a pre-emption to those who have already interred part of their families in said Grave Yard, of selecting in those sections contiguous to the part heretofore buried in. No person or family can take more than six fires, for which they will have to pay Two Dollars each, within 30 days from the day of subscribing.
No interment will be permitted in the said Grave Yard after the date hereof, except under the direction of the Sexton, or, until his appointment, under the direction of one of the Commissioners.
ROBERT UNDERWOOD,
THOMAS H. GILLISS,
HENRY INGLE,
Commiss'rs.
Washington city, Sept. 11--w/Oio
CAPITOL of the UNITED STATES.
NO Person whatever can be admitted into the south Wing of the Capitol, excepting those actually engaged in the work.
It is hoped that the citizens will see the necessity of this restriction being general. The injury done already by improper Visitors has been very considerable, and the present state of the building which is about to be furnished, the interruption occasioned by the admission of strangers might defeat all endeavours to get the house ready at the time required.
B. H. LATROBE, Surveyor
of the Public Buildings of the U. S.
September 11--tf
PUBLIC SALE.
BY order of the Orphan's Court of Montgomery county on the 13th day of October next--the Sale to begin at the Plantation of Volinda Beatty's to continue from day to day until all is sold.
Will be sold all the PERSONAL ESTATES of Volinda Beatty, and Dr. Ozias Offutt both of Montgomery county, deceased, consisting of 26 Negroes, both Men, Women, and well grown Boys, Horses, Cattle, Sheep, Hogs, Household Furniture, Plantation Utensils, two Waggons--also a Library of different authors, a quantity of medicine. Nine months credit, with interest from the day of sale, the purchaser giving bond and approved security.
JAMES OFFUTT, of Wm.
Adm'r of Volinda Beatty, and
Dr. Ozias Offutt.
September 11--w/Oio
Washington, Aug. 5th 1807.
NOTICE is hereby given, that Application is intended to be made at the Treasury of the United States for the renewal of Certificate No. 15765 for 5400 dollars deferred Six per cent stock, belonging to the credit of Francis Beauchamp the books of the Treasury stored, which certificate has been lost or destroyed.
JAMES DAVIDSON, Jr.
August 5--w/Oio
LAND FOR SALE.
PURSUANT to an order of the court of Calvert county, the subscribers will sell by public auction on the Court House in said county on Monday the 28th day of September next, if fair, if not the next day, all the real estate of the late Mr. James Weems, consisting of the following tracts of Land. The tract on which the said James Weems resided, lying about two miles from Farmington River, and containing 640 acres. The soil of this land is well calculated for the growth of corn, wheat and tobacco; there is about 30 acres of excellent meadow ground upon it not now in an improved state, but can be put to with very little labor or expense; a considerable part of this land is very heavily covered with wood, among which there is a great quantity of superior timber; there is also upon this tract a large two story brick dwelling house, containing a room and a passage on the off floor and 6 rooms and a passage on the and floor, with a cellar under the house divided into 5 apartments, one of which is intended for a kitchen and most can be readily fixed as such; there is also a barn, stable, corn house and other convenient out buildings. One other tract of Land lying near the Court House containing 480 x 2 acres; upon this tract there is a small but very convenient detached dwelling house with a kitchen and other necessary out buildings. This land produces extremely well; there is some excellent meadow land upon it and an ample quantity of wood for fencing and fire wood. This tract is now in the possession of Mrs. Weems (the widow of the aforesaid James Weems) to whom it was laid off by the commissioners as her portion of the land, and it will be sold encumbered with her life estate. Two other tracts of land lying very near the left mentioned tract, one containing 200 acres; the other 164 acres. Upon the first of these two tracts there is a small wooden dwelling house, also a quantity of excellent wood and timber. On the other tract, there are several small wooden dwelling houses and one tobacco house, also a sufficient of wood for fencing and fire wood. It is thought needless to give a more full description of these lands, as it is presumed no one will purchase without first viewing them, and on application to Dr. Nathaniel T. Weems who lives adjacent to the first mentioned tract, he will show all the different tracts.
These different tracts of land will be sold in a body or in parcels as they best suit those who wish to purchase. The purchasers to give bond with approved security for the purchase money, to be paid in three equal annual payments, the whole interest to be paid yearly, and on the ratification of the sale by the court and a full payment of the purchase money a deed of conveyance will be executed to the purchasers agreeably to an act of Assembly in such case made and provided.
FREDERICK KINNER, } Commiss'rs. JAMES DUKE, } P. REXROD BOWEN, } July 10--w/m
BOOKS AND STATIONERY.
R. C. Weightman, Printer, Bookbinder, and Stationer, Pennsylvania Avenue.
HAS just received from Philadelphia and New York, a Large and General Assortment of articles in his line, which he will sell on the same terms they can be had for in either of those places, among which are,
Malthus on Population, 2 vols.
Lauderdale on Public Wealth,
Leland's Democritus, 2 vols.
Lay on an Irish Airp. by the author of the
Wild Irish Girl.
Homer's Iliad, pocket edition, plates,
do. Odyssey do.
Telemachus, do.
Tale of a Tub, (Swift's) do.
Devil on Two Sticks, (Le Sage) do.
Jonathan Wild, (Fielding) do.
Gil Bias, 3 v. do.
Marmontel's Tales, 5 v. do.
Sully's Memoirs, 5 v. do.
Museum of Wit,
Tristram Shandy, 2 v. do.
Voltaire's Tales, 2 v. do.
The above are principally superb and cheap London editions.
Oddly's European Commerce, showing new
and secure channels of trade with the
continent of Europe, &c. &c. a late and
very valuable publication,
Jackson's Mediterranean Commerce,
Warren's History of the American Revolution,
a late important and interesting work,
Life of James Beattie, L. L. D.
Aikin's Geographical Delineations,
Playfair's Geometry,
Ferguson's Lectures, 2 v. 8 vo. with plates
separate in 4 to. new edition 6 DOLLARS;
Dr. Meikle's Geological account of the United
States.
Sterne's Works, New edition, 5 v. 3 DOLLARS.
Peregrine Pickle, do. 3 v. 3 DOLLARS.
Winter Evenings by Dr. V. Knox,
Wonders of Nature and Art, 14 v.
Lavoisier's Chemistry,
Black's do. 3 v.
Gibson's Surveying,
Hutton's Mensuration,
Washington's Letters,
Simson's Conic Sections,
Euclid,
Eaton's Abridgement, 7 v.
Wilson's Works, 3 v.
Bleckenford's Commentaries with Christian's
Notes 4 v.
Dallas's Reports, 4th v.
Young's Latin Dictionary,
Latin Course, (Farrand's)
Davidson's Exercises,
Hoyle's Games, new pocket edition and
cheap,

Treasury Department of the United States, April 2d. 1807. Whereas the Commissioners of the Sinking Fund, at a meeting held on the 23d day of March 1807, did resolve, that the sum remaining to complete the expenditure of the annual appropriation of eight millions of dollars, should among other purposes be applied to the reimbursement of the FIVE AND HALF PER CENT. STOCK, created in pursuance of an act of Congress, passed on the 3rd day of March 1795.
This is therefore to give notice, that the principal of the said Four and half per cent. Stock, will on surrender of the certificates be paid on the 1st day of October next ensuing the date hereof to the respective Stockholders or their lawful Representatives or Attorneys duly constituted and authorized, either at the Treasury or at the Loan Office as the case may be, where credits have been given for the amount of stock respectively held by them; & that the interest which may be due on said stock, will also be paid to the respective Stockholders, or their lawful Representatives or Attorneys duly constituted and authorized.
FOR SALE OR RENT. A MS. Subscriber will SELL or RENT the HOTEL, situated on the Capitol Hill and near to the Capitol, at present occupied by Mr. P. D. STEELE. As this house is well known, it is useless to say more than that it is calculated for a large establishment, and is the first situation as a hotel on a large scale in this city. Possession can be had the first day of October next. Some other houses for Sale or Rent on the Hill near the Capitol. For terms, apply to DANL. CARROLL of Dudn. Washington, August 5-3w10
PROPOSALS For carrying mails of the United States on the following routes will be received at the General Post Office until the 15th of October next. 1st. From Petersburg by Harrisville, Goldsboro, Drummondburg, Warrenton, Lewisburg, Raleigh, and Asheville, to Fayetteville, three times a week. Leave Petersburg every Monday, Wednesday and Friday at 4 a.m., arrive at Warrenton, same days by 8 p.m. Leave Warrenton every Tuesday, Thursday and Saturday at 3 a.m., arrive at Raleigh same days by 6 p.m. Leave Raleigh, Wednesday, Friday and Monday at 3 a.m., arrive at Fayetteville same days by 5 p.m. Returning—Leave Fayetteville every Tuesday, Thursday, and Saturday at 4 a.m., arrive at Raleigh same days by 6 p.m. Leave Raleigh every Wednesday, Friday, and Monday at 3 a.m., arrive at Warrenton same days by 6 p.m. Leave Warrenton, every Thursday, Saturday and Tuesday at 4 a.m., arrive at Petersburg same days by 8 p.m. 2nd. From Fayetteville by Lumberton, Barefoot Mills, Porters Ferry, Gaules and Georgetown to Charleston three times a week. Leave Fayetteville every Tuesday, Thursday, and Saturday, at 4 a.m., arrive at Porters Ferry on Wednesday, Friday and Monday by 6 p.m. Leave Georgetown every Thursday, Saturday, and Tuesday at 2 a.m., arrive at Porters Ferry on Wednesday, Friday and Monday by 6 p.m. Returning—Leave Charleston every Monday, Wednesday, and Friday at 5 a.m., arrive at Georgetown same days by 6 p.m. Leave Georgetown every Tuesday, Thursday, and Saturday at 2 a.m., arrive at Porters Ferry on Wednesday, Friday and Monday by 6 p.m. NOTES. 1. The Post master general may expedite the mails, & alter the times of arrival and departure at any time during the continuance of the contract, he stipulating an adequate compensation for any extra expense that may be occasioned thereby. 2. Fifteen minutes shall be allowed for opening and closing the mails at all offices where no particular time is specified. 3. For every thirty minutes delay (unavoidable accidents excepted) in arriving after the time prescribed in any contract, the contractor shall forfeit one dollar; and if the delay continues until the departure of any succeeding mail, whereby the mails destined for such succeeding mail lose a trip, an additional forfeiture of five dollars shall be incurred. 4. Newspapers, as well as letters, to be sent in the mail; and if any person making proposals, desires to carry newspapers, other than those conveyed in the mail, for his own emolument, he must state in his proposals for what sum he will carry with the emolument, and for what sum without that emolument. 5. Should any person making proposals desire an alteration of the times of arrival and departure above specified, he must state in his proposals the alteration desired, and the difference they will make in the terms of the contract. 6. Persons making proposals are desired to state their prices by the year. Those who contract will receive their pay quarterly, in the months of August, November, February, and May, in one month after the expiration of each quarter. 7. No other than a free white person shall be employed to convey the mail. 8. Where the proposer intends to convey the mail in the body of a stage carriage, he is desired to state it in his proposals. 9. The Post master general reserves to himself the right of declaring any contract at an end, whenever one failure happens which amounts to the loss of a trip. 10. The contracts for the above routes are to be in operation on the first day of January next, & to continue in force until the 31st day of March 1810. GIDEON GRANGER, Post master general. General Post Office Washington City, July 31—10d 15
50 Dollars Reward. RAN-AWAY on the morning of the 8th inst. from the subscriber a negro man Named Richard Brown, He is about 23 years of age, five feet six or seven inches high, was for, rather light colored, something forbidding in his countenance, and is a very artful fellow; had on when he went away a coarse white shirt, nankeen pantaloons, and an old great coat. He has been seen since in the district with a black coat, nankeen pantaloons and coat on. The above reward will be paid to any person who will bring him to me, or lodge him in jail in the district of Columbia, with reasonable charges. JONAH CASSIDY. N. B. He had on one of his ankles a horse lock, which it is supposed he cannot get off. July 30. ept
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 ANN lately arrived at Philada A choice assortment Of Extra Superfine cloths, Bennets, Velvets, and Cords, Cashmeres, single and double milled Saxon cloths, fashionable Spanish Orleans and Toilets, rich silk Mouselin velvets, silk and satin Mouselines, with a variety of other articles suitable for the season. M. B. Ladies habits, regimentals and navy uniforms made in the first style of fashion. Richard Mawells celebrated patent parallel suspenders, can be had on the same terms as at his manufactory. November 12—wtf
PUBLIC NOTICE. PURSUANT to a resolution of the House of Representatives of the United States, of the 3d day of March last, directing the clerk of the said House to advertise for and receive separate proposals for supplying the said House during the next Congress, with the necessary Stationery, Printing, and Fuel wanted; separate contracts have been duly made and entered into, to wit: With Messrs. Patterson, of Georgetown, in the District of Columbia, for the supply of Stationery—with Andrew and George Way, of the city of Washington in the said district of Columbia, for the Printing—and with George Gill, of the city and district aforesaid, for the Fuel, at the following prices, to wit:
FOR THE STATIONERY. D. C. Very best superfine English letter paper, hot pressed vellum 6 50. Best plain letter paper, not hot pressed 3 50. Best wove do. do. 4 00. Best plain wove do. do. 7 50. Best wove do. do. 8 00. Best medium do. for engrossing 12 00. Best superfine foolscap 4 50. Best ready made pens 1 75. Quills, from 2 to 3 00. Best superfine red wax 4 75. Best superfine black do. 1 50. Best quality red waters, from 1 50 to 1 75. Best quality black do. 1 50. Common 3 inch sand in pagers 0 03. Tin water boxes per dozen 0 75. Pouch boxes, from 25 cents each to 1 00. Ink and sand glasses to suit tables, from 50 cents to 1 50 per pair. Half pint phials with corks, 75 cents per dozen. Low priced folders, 2 Ds. per dozen. Best polished ivory folders, 6 Ds. per dozen. Black lead pencils, from 1 50 to 1 75 per dozen. Red tape in pieces, from 12 1-2 to 25 cents per piece. Best quality black ink per gallon from 1 25 to 1 50. India rubbers 37 1-2 Cts. Best quality English parchment in skins cut dressed and pounced fit for use, 28 by 32 inches 10 00. Best quality American do. 7 00. Office penknives, from each 37 1-2 cents to 1 00. Erasing knives, 37 1-2 Cts.
FOR THE PRINTING. For plain work, octavo per sheet of 300 impressions 14. figure work, do. do. do. 14. rule and figure work do. do. 20. table work, medium broad side do. 20. plain work, foolscap folio, per sheet of 300 impressions 10. figure work, do. do. do. 10. rule and figure work do. do. 17. table work, do. do. do. 14. bills per sheet, foolscap, 300 impressions 7 75. folding each half sheet, octavo or folio per hundred 6 1-4. stitching per hundred, not exceeding 3 half sheets 12 1-2. do. do. from 3 half sheets to 6 18 3-4. do. do. from 6 do. to 10 25. do. do. from 10 do. to 20 31 1-4. folding whole sheet medium tables into octavo per 100 12 1-2. half binding and lettering an octavo volume from 300 to 500 pages 37 1-2. do. do. do. above 500 pages 45. full binding do. do. in sheep from 300 to 500 pages 33 1-3. do. do. do. in sheep above 500 pages 45. do. do. do. in calf from 300 to 500 pages 75. do. do. do. in calf above 500 pages 87 1-2. half binding and lettering foolscap folio, per volume 70. full binding do. do. in sheep per volume 90. do. do. do. in calf do. 1 50.
FOR THE FUEL. Good found Hickory Wood. Delivered in the cellar at the Capitol at Nine Dollars and Seventy-five Cents per Cord. Published by order of the House of Representatives of the United States. N. B. VAN ZANDT. P. Ck. H. R. U. S. September 1, 1807—3w
Montgomery county court, March term 1807. PATRICK LYDDAN an Insolvent debtor of Montgomery county having applied by petition in writing to Montgomery county court, praying the benefit of an act of Assembly for the benefit of sundry insolvent debtors, passed at November session, one thousand eight hundred and five, and a schedule of his property, and a list of creditors on oath, as by the said act is required being annexed to his said petition; and the said Patrick Lyddan having proved to the satisfaction of the court, that he had resided in the state of Maryland, the two last years preceding the passage of the said act. It is thereupon adjudged and ordered that the said Patrick Lyddan appear before the said court at the court-house of said county on the first Monday of November next, then and there to produce to the said court, the affiant in writing of the creditors holding two-thirds of the amount of his debts and to answer such interrogatories as may be proposed to him by his creditors; and that the said day be, and it hereby appointed the time for said creditors to appear and recommend a trustee for their benefit, and the said Patrick Lyddan give notice to his creditors who reside out of the county, of the passage of this order, by causing a copy of it to be inserted in the Washington Federalist four successive weeks previous to the day aforesaid; and that personal notice be served on all his creditors who reside in Montgomery county of the passage of the said order. Test UPTON BEALL, Ck. of Montgomery county court. August 19—w4
New & Valuable BOOKS. JUST received, and now opening, at D. RAPINE'S Book Store on Capitol Hill, a Choice and Valuable Collection of BOOKS and STATIONERY, which he will be happy to dispose of to his friends and customers on the most reasonable terms—amongst which are: The Notice of St. Dominick, by Miss Owen. son, author of the Wild Irish Girl, Saint Clair, or the Heiress of Lermont, by the same author. Warren's History of the American revolution, 3 vols. Montgomery's Poems, Roberts on Fraud, Sugden's Law of Venders, Reid's Reports, vol. 7th, Peter's (Judge) Maritime Law, Henning and Mumford's Virginia Reports, Domestic Cookery, Sidney on Government, Aitkin's Geography, Workman's do. Geographical questions, Sporting Anecdotes, Nautical Almanacs for 1808—9 German Theatre, 6 vols. Jett's Surveying. Sacred Classics, 9 vols. Seignie's Letters, 7 vols. Sulley's Memoirs, 5 vols. Pope's Homer, 4 vols. Gray's Italian Dictionary. Young's Centaur. Lady's elegant tortoise shell comb, ornamented and plain. Specacles and Morocco cases. Watch seals and keys. Fashionable paper hangings and borders. Reeves' water colors. Mathematical Instruments. Chamber Lamps and wicks. Japaned Ink. Durable do. A large assortment of writing & letter paper—hot pressed and plain. Quills, sealing-wax, wafers, pen knives, &c. &c.
Dr. Rees' Cyclopediae, Vol. 5th, Part 1st, or the 9th half volume, is just received and ready for delivery. those who have not had ALL the preceding vols. will oblige by sending for them. Aug. 7 tf.
Treasury Department, United States, April 28, 1807. WHEREAS the Commissioners of the Sinking Fund at a meeting held on the 23d day of March 1807, did among other things resolve, that the Eight per cent. Stock, created in pursuance of the several acts of Congress passed on the 16th day of July 1798, and 7th day of May 1800, should be reimbursed on the first day of January one thousand eight hundred and nine. This is therefore to give notice that the principal of the said Eight per cent. Stock will, on surrender of the certificates, be paid on the first day of January 1809, to the respective Stockholders or their lawful Representatives or Attorneys duly constituted and authorized, either at the Treasury or at the Loan Office, as the case may be, where credits have been given for the amount of Stock respectively held by them. It is further made known for the information of the parties concerned, that no transfers of the said Eight per Cent. Stock either from or to the books of the Treasury, or from or to the books of a Commissioner or Loans will be allowed after the first day of December, one thousand eight hundred and eight. And the interest on all certificates of said Stock, which shall not have been surrendered in pursuance of this notification, will cease and determine on the day preceding the day hereby fixed for the reimbursement thereof.
And whereas the Commissioners of the Sinking Fund at their meeting held on the 23d day of March as aforesaid, did also resolve, that the sum which after making the current payments for the years 1807 and 1808, and after reimbursing the Four and a half per Cent. Stock, might remain to complete the annual appropriation of Eight Millions of dollars, for those two years should, among other purposes, be applied to the purchase of the Eight per Cent. Stock at private sale. and that such of the Cashiers of the Bank of the United States, and of its office of Discount and Deposit as the Secretary of the Treasury shall designate, be the agents under his superintendence for making the said purchases: Notice is hereby accordingly given, That James Davidson jun. Cashier of the office of Discount and Deposit at Washington, has been appointed agent for that purpose in Washington, to whom such of the proprietors of Eight per Cent. Stock as may be willing to sell the same within the prices limited by law, are requested to apply. ALBERT GALLATIN, Secretary of the Treasury. July 27.
PROPOSALS, BY CONRAD, LUCAS & Co. (Sisters M. and J. Conrad and Co.) No. 138, Market street, FOR PUBLISHING LEWIS AND CLARK'S TOUR TO THE PACIFIC OCEAN, THROUGH THE INTERIOR OF THE CONTINENT OF NORTH AMERICA, Performed by order of the government of the United States, during the years 1804, 1805, and 1806.
THIS work will be prepared by captain MERIWETHER LEWIS, and will be divided into two parts, the whole comprising in three volumes octavo, the first containing at least 700 pages, the second and third from four to five hundred each, printed on good paper, and a fair Dica type. The several volumes in succession will be put to press as early periods as the avocations of the author will permit him to prepare them for publication. PART THE FIRST—IN TWO VOLUMES. VOLUME FIRST. Will contain a narrative of the voyage, with a description of some of the most remarkable places in those hitherto unknown wilds of America, accompanied by a map of good size, a large chart of the entrance of the Columbia river, embracing the adjacent country, coast and harbors, and embellished with views of two beautiful cataracts of the Missouri; the plan, on a large scale, of the connected falls of that river, as also, of those of the falls, narrows and great rapids of the Columbia, with their several portages. For the information of future voyagers, there will be added in the sequel of this volume, some observations and remarks on the navigation of the Missouri and Columbia rivers, pointing out the precautions which must necessarily be taken, in order to ensure success, together with an itinerary of the most direct and practicable route across the continent of North America, from the confluence of the Missouri and the Mississippi rivers to the discharge of the Columbia into the Pacific Ocean.
VOLUME SECOND. Whatever properly appertains to geography, embracing a description of the rivers, mountains, climate, soil and face of the country; a view of the Indian nations distributed over that vast region, showing their traditions, habits, manners, customs, national characters, stature, complexion, dress, dwellings, arms, and domestic utensils, with many others interesting particulars in relation to them: also, observations and reflections on the subjects of civilization, governing and maintaining a friendly intercourse with those nations. A view of the fur trade of North America, setting forth a plan for its extension, and showing the immense advantages which would accrue to the mercantile interests of the United States, by combining the same with a direct trade to the East Indies, through the continent of North America. This volume will be embellished with twenty plates illustrative of the dress and general appearance of such Indian nations as differ materially from each other; of their habitations; their weapons and habiliments used in war; their hunting and fishing apparatus; domestic utensils, &c. In an appendix there will also be given a diary of the weather kept with great attention throughout the whole of the voyage, showing also the daily rise and fall of the principal water courses which were navigated in the course of the same.
PART THE SECOND—IN ONE VOLUME. This part of the work will be confined exclusively to scientific research, and principally to the natural history of those hitherto unknown regions. It will contain a full dissertation on such subjects as may have fallen within the notice of the author and which may properly be distributed under the heads of Botany, Mineralogy, and Zoology, together with some notices on the origin of Prairies, the cause of the mudiness of the Missouri, of volcanic appearances, and other natural phenomena which were met with in the course of this interesting tour. This volume will also contain a comparative view of twenty three vocabularies of distinct Indian languages, procured by captains Lewis and Clark, on the voyage, and will be ornamented and embellished with a much greater number of plates than will be bestowed on the first part of the work as is intended that every subject of natural history which is entirely new, and of which there are a considerable number, shall be accompanied by an appropriate engraving illustrative of it. This distribution of the work has been made with a view to the accommodation of every description of readers, and is here offered to the patronage of the public in such shape, that all persons wishing to become subscribers, may accommodate themselves with either of the parts, or the entire work, as it shall be most convenient to themselves.
Detached from this work, there will be published
LEWIS & CLARK'S MAP OF NORTH AMERICA, From Lon. 0 deg. west, to the Pacific Ocean, and between 36 deg. and 52 deg. north Lat. with extensive marginal notes—dimensions 5 feet 8 inches by 3 feet 10 inches. Embracing all their late discoveries, and that part of the continent heretofore the least known. This map will be compiled from the best maps now extant, as well published as in manuscript, from the collective information of the best informed travellers through the various portions of that region, and corrected by a series of several hundred celestial observations, made by captain Lewis during his late tour.
For the convenience of subscribers, these several works will be delivered at the most respectable commercial towns, and at the seats of government of the respective states and territories within the Union; no advance is required, nor will payment be demanded until such delivery is made. The price of part the first in two vols. will be Ten DOLLARS, and that of part the second in one volume, Eleven DOLLARS, delivered in boards. Price of the Map, Ten DOLLARS. Any person who may have subscribed for these works, to lists which contain no stipulated prices for the same, and who may be dissatisfied with the terms now proposed, are at liberty to withdraw their names from such lists, at any time prior to the 1st day of December next. M. LEWIS. July 27.
PROSPECTUS. THE Subscriber has long been impressed with an opinion, that a newspaper which should concentrate important native facts, display national improvements, (particularly those arising from canals and turnpikes) exhibit the advantages of labor saving machinery, and cultivate agriculture, in short that a paper which should regularly have a specific portion of its columns devoted to political economy, would be useful to his country, as tending to convince his fellow citizens of truths, of which all may not be sufficiently aware are essential to render the United States independent, respectable and happy.
Such an idea has frequently been canvassed among the friends of the in scriber, and as they agreed with him as to the advantages which might be diffused thereby, they have often urged him to commence such an establishment. Many difficulties originating in his ignorance of the mechanical parts of the business and other causes, long rendered such an attempt however desirable impossible yet he never ceased anxiously to hope, the day would come when he might be enabled to undertake it—this anxiety has been tenfold increased, by the late daring and profligate attack on the Chesapeake whilst the necessity of disseminating by means of a newspaper (the most popular of all media) such information, as might tend to free us from the shackles of foreign nations and promote within our own territory, the consumption of our own wheat, barley, hops, cotton, flax, hemp, iron, pitch, tar, turpentine, beef, pork, as well as a number of other raw and manufactured articles, thereby tending to our own agriculturalists (the best support of our country) a sure stimulus and efficient reward for their labor, has been felt and acknowledged by every true friend to the United States. Under these impressions, the subscriber proposes to commence such an establishment, and should a constant view of the importance of agriculture and the arts, induce one individual in addition to our Franklins, Mitchells and Fulton's, to emulate the perseverance and talents of a Brindley—a Bolton, a Bakewell, an Arkwright or a Parker, or lead one of our wealthier countrymen to extend to the most important objects of political economy, the useful liberty of a Russell, a Coke or a Burdett, it will be attended with infinite advantages to the U. States and richly repay the labors of the Editor.
On these accounts the subscriber has determined to move his establishment to Washington city, emphatically denominated the Heart of the Union, as likely soon to become the seat of science and the nursery of the arts. Some time then in September next will be published the 1st number of a weekly newspaper, entitled,
The Washington Expositor, or WEEKLY REGISTER.
Having it is believed, surmounted the difficulties hitherto experienced by the subscriber he has completed such arrangements, as will enable him, to present to his patrons a correct slice in a handsome dress, which will contain. 1st. Statistical facts particularly such as relate to national improvements, navigable canals, and turnpike roads.
2d. Facts respecting the practice of husbandry, including reviews of, and extracts from the best books, which can be procured on that important subject.
3d. Views of the various mechanic improvements by which labor has been economised.
4th. A constant tendency to support the great distinguishing principles of federal America, viz. The right of every man who pays a tax or carries a gun in defence of his country, to the enjoyment of an equal suffrage, the right of every man to the free exercise of his own religious opinion, as well as, that his house should be his castle, free from obstruction of search.
With such views the Expositor will be printed on a good white paper, of a royal size, with handsome type. The price to subscribers will be 3 dollars per annum.
As considerable labor and expense will be connected with this establishment, no paper will be forwarded to any subscriber without an advance of the subscription money.
In order to afford room for as much information and amusement as possible, after the first insertion, every advertisement will be published in a supplemental sheet.
All subscribers to the Alexandria Expositor who have hitherto paid with regularity, will be supplied with the contemplated paper, except special orders are received to the contrary.
Articles of intelligence, essays on general policy and the various circumstances connected with political economy, advertisements, &c. will be thankfully received at the office.
Letters relative to the business of the paper must be addressed Post Paid to the Expositor Office Washington city, otherwise they will not be taken up. Subscriptions will be received at the Office in Washington city, and Mr. Mulligan's Georgetown.
The scheme of the paper, being detailed, it is only necessary to add, that when it receives adequate patronage, it will be rendered a semi-weekly paper, and to request of such Editors, as approve the plan, to give this Prospectus a few insertions and thereby oblige their fellow-citizen,
RICHARD DINMORE. August 27, 1807.
Fifty Dollars Reward. RANAWAY from the subscriber residing in the District of Columbia, on the first of August, 1807, a black man Named MOSES, about five feet 8 or 9 inches high, 25 years of age, has been a carpenter and is an excellent workman, has a remarkable scar on the top of one of his feet something like the scar from a burn, believed to be on his right foot—he was dressed in an ozanburgh jacket and pantaloons, but may change both his name and dress. Ten dollars will be paid if found in this District, and the above reward if out of the District and confined in any jail so that I get him again. ROBERT ALEXANDER. Washington, August 19, 1807. tf.