The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1805-08-05 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
Vol. V.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. DCCLII
FIVE DOLLARS PER ANNUM.
MONDAY, AUGUST 5, 1805.
PAID IN ADVANCE.
IMPEACHMENT OF JUDGE CHASE.
SATURDAY, FEBRUARY 23.
MR. MARTIN, continued. When my honorable client went from Baltimore to Richmond, to hold the circuit court he knew how violently that state was opposed to the enforcement of this law; but he equally knew that it was his duty to carry it into execution, without regard to the sentiments of any portion of the community, or however disagreeable it might be to them. Under these circumstances he went to Richmond, and found the counsel from the first step in this case, attempting, as he could not but consider it, to inflame the audience and excite their indignation against him. My honorable client, who well knew mankind, and has been accustomed to popular assemblies, appears to have been anxious, as his best security, to keep the by-standers in good humor, and to amuse them at the expense of the very persons, who were endeavoring to excite the irascibility of the audience against him. Hence the mirth, the humor, the facetiousness, by which his conduct was marked during the trial; and which, most fortunately, was attended with the happy consequence he hoped from it, for it is admitted that he kept the by-standers in great good humor, and excited peals of laughter at the expense of the counsel, as the witness very justly concludes, for he says, "the counsel did not appear to join in the laugh." And this, sir, most satisfactorily accounts for the more than usual exertion of his facetious talents on the trial of Callender; and I doubt not was the real cause of that exertion.
Among the different charges made against Judge Chase of rudeness, and unusual language by him used towards the counsel of Callender, we find it stated, that when the judge had repeatedly declared, the counsel could not be permitted to argue to the jury the constitutionality of the law, and one of the counsel, who appears to have felt particularly sore on the occasion, still urging that question to the jury, the Judge interrupted him, and declared that the counsel of Callender had from the first mistaken the law, and that they had persisted in pressing their mistakes on the court. Never was there a more proper or correct expression used by a Judge. Never, I believe, did the conduct of lawyers more fully justify such a charge! And, if the abilities of the counsel are as great as they are represented to be, it is almost impossible not to believe, their errors were intentional, and with the express view to embarrass the court. In the first place, they insisted that the jury, not the court, was on the indictment of Callender, to assess the fine, which should be imposed upon him, if found guilty. This was one of their errors, and a most egregious error it was. And yet my honorable client has been charged with rudeness for calling it as one witness states, "a wild notion." Or as Mr. Robertson has it in his short hand , "a mistaken notion." Either of these expressions was in my opinion extremely mild. I, sir, should not have hesitated in calling it a mad notion.
The idea that the array was to be quashed because there was returned an individual juror, who was supposed to be liable to be challenged, was another mistake; a mistake that even a school boy in law could scarcely be expected to have made. The affidavit so incorrectly drawn, and their insisting on a continuance of their cause in consequence of that incorrect affidavit, was another mistake.
An additional mistake, was their idea that the court had no right to know what testimony they meant should be given by the witness produced, and that it was improper to require that the questions meant to be propounded to col. Taylor, should be reduced to writing. And the attempt to obtain from the jury a decision that the sedition law was unconstitutional, in which they so pertinaciously persisted, was also an error. I ask then whether, when the counsel had been guilty of all these mistakes, it did not perfectly justify my honorable client in the expressions he used, that they had been from the first mistaken, and that they had continued throughout pressing their mistakes upon the court? Nay, did it not justify the observation used by him, which has been urged as most exceptionable, "that they must know better; and that their conduct was intended to influence the by-standers?" That the counsel's great object was to give an impression to the people has been acknowledged on oath; and the court must have had a very moderate idea indeed of the legal abilities of Callender's counsel, if they could have supposed such a succession of errors to have arisen from ignorance.
But the Judge is also charged with great rudeness in the manner in which he replied in one part of the argument to Mr. Wirt, just at a time when that gentleman had finished a syllogism; by replying that it was a non sequitur .—I will state the transaction. Mr. Wirt having, as he supposed, established the position, that the jury had a right to decide the law as well as the fact, he proceeded to state that the constitution was the supreme law of the land, and therefore that since the jury had a right to decide the law, and the constitution was also the law, the jury must certainly have a right to decide the constitutionality of a law made under it; and this conclusion was, as he declared, perfectly syllogistic. As Mr. Wirt had assumed the character of a logician in his argument, nothing could be more natural than for the Judge in his answer, to assume the same character: he therefore replied, like a logician, ' a non sequitur, sir .' The correct answer to a syllogism, which is rather lame in its conclusion. But it seems this answer was accompanied by a certain bow. As bows, sir, according to the manner they are made, may like words, according to the manner they are uttered, convey very different meanings; and as it is as difficult to determine the merit or demerit of a bow without having seen it, as it is the expression of words without having heard them; to discover, therefore, whether there was any thing rude or improper in this bow, I could have wished that the witness, who complained so much of its effect, had given us a fac simile of it. Had we been favored not only with the answer, but also with a complete fac simile of the bow, we might have been better enabled to have judged of the propriety of my honorable client's conduct in this instance. But it seems this bow together with the " non sequitur ," entirely discomfited poor Mr. Wirt; and down he sat "and never word spake more!"—If so, it was a saving of time. But we have no proof that Mr. Wirt meant to have proceeded any further in the argument, even had he not been encountered with this formidable bow and non sequitur . And the presumption is, that having condensed the whole force of his argument into a syllogistic form, and finding his syllogism did not produce the conviction intended, he took his seat without wishing to spend more of his breath in what, after the failure of his logical talents, he no doubt considered a fruitless attempt. Mr. Nicholas followed Mr. Wirt, he is a gentleman mild and polite in his manners, he was treated by the court with politeness. He did not persist in addressing the jury contrary to the decisions of the court, he therefore met with no interruptions.
We have now more particularly to discuss the charges made against Judge Chase, as they relate to Mr. Hay, the other counsel for Callender. Mr. Hay insisted that the indictment could not be supported, because the title of Callender's publication, parts of which were charged to be libelous, was not inserted in the indictment, to wit, because it was not stated in the indictment that the book, which contained the libelous matter, was called ' The Prospect Before Us .' And to support this objection he went on to prove, that when an indictment states libelous writings in tenor following, the libelous part of the writing set forth, and on which the indictment is found, must be set forth verbatim et literatim !" There was no attempt to show that any expression in the indictment, was not stated correctly both verbally and literally, as published by Callender. The indictment did not charge the title of the book as being libelous. It did not notice the title of the book in any manner. If the title of the book was necessary to have been inserted, which I deny, there could not have been a more absurd or inconclusive argument to support the position than that upon which Mr. Hay relied; and the Judge shewed great temper in merely exposing it to ridicule in the manner he did, by observing, that as he insisted the libelous matter should be set out verbatim et literatim , he wondered he had not also insisted it should be set forth punctuatim . An observation, by the by, which perhaps contained full as much of good sense as of smartness, since we all know the same words written or printed, will be liable to different constructions, and convey very different meanings, as they are punctuated. Mr. Hay, it appears from his own testimony, as well as the testimony of the other witnesses, was guilty of very improper conduct to the court. He insisted that if the prisoner was convicted upon that indictment, he might again be indicted for the same offence, and could not defend himself by the conviction on the indictment then before the court. When the court assured him he was mistaken in the law, Mr. Hay still persisted and declared that he should not be more surprised, even if Mr. Callender should again be indicted for the same offence, and should be punished a second time for the same offence, than he was surprised at the indictment then before the court, and the attempt to punish Callender in consequence of that indictment. What language, I pray you, could be used to the
court, but in reality addressed to the populace, more derogatory to the then administration, as being unprincipledly oppressive, or containing a more direct attack upon the integrity of the judges, holding them up as the venal tools of the then administration, ready to be the instruments of its oppression!
What was also the final conduct of Mr. Hay, when having repeatedly attempted to argue to the jury against the direction of the court, and having as repeatedly been interrupted and stopped by the court? He took up his papers to withdraw; upon which the court told him, if he pleased, he might proceed. His answer was, " I will not ." When the court further observed, you will not Mr. Hay, be captious, go on if you please in any manner you choose, and we will not interrupt you. Even then, when in my opinion, the court had, as in Fries's case, made improper concessions, what was his answer? " I am not captious, but I will not proceed ." And he folded up his papers and withdrew.
How came he thus to act? As to Callender, he acknowledges he despised the wretch, that his object was to serve the cause, not Callender. How was he to serve the cause? By giving an impression to the public mind. What impression did he wish to give? By holding up the idea of oppression on the part of the government, and corruption on the part of the court. But finding himself thus foiled in his attempt, by the superior abilities of my honorable client, and his superior knowledge of mankind; finding that, instead of exciting indignation against my client, my client most fortunately had excited against him the laughter and ridicule of the auditors, he went out in a passion. At the same time even the manner in which he left the court shewed his wish to impress the public mind, as far as possible, with sentiments disadvantageous to the court. And as to the interruptions Mr. Hay received, they are clearly proved to be in consequence of his pertinaciously attempting to act contrary to the direction of the court, and in that case the only question could be whether the court or Mr. Hay had the control over the other.
But, sir, there is another charge which has been made against my honorable client, to justify that part of the article which accuses him of rudeness. It is said that speaking of Callender's counsel, or addressing himself to them, he called them " young gentlemen ." To me it appears astonishing, that these expressions if used by the judge, should be thought reproachful to the counsel, or a proper subject of a criminal charge; and it gave me real pleasure to find that Mr. Nicholas, whose whole conduct marks him as a gentleman, did not consider them offensive. He has observed that he was young at the time, and whoever has seen him as a witness, must be convinced of the truth of his assertion. But we are told that Mr. Wirt was at that time about thirty years of age, had been a married man, and was then a widower. It doth not appear that judge Chase knew of these circumstances; but if he had, considered that Mr. Wirt was a widower, he certainly erred on the right side, if it was an error, in calling him a young gentleman . But, sir, let it be considered that my honorable client has been stated by the honorable managers, to be nearly three score and ten, let also his great legal attainments be considered, and let me ask, if any person can think his addressing gentlemen, so much inferior to himself in age and knowledge, by the epithet of " young gentlemen ," offensive to them, much less criminal as to the public? But as another instance of his rudeness we are told, that addressing himself to Mr. Wirt, who observed that "he was going on," the judge replied " no sir, I am going on, therefore sit down, sir ." This address was made by the judge to Mr. Wirt, when he (the judge) was about to give a long opinion to him and the counsel employed with him, which opinion upon Mr. Wirt's sitting down, the court did give. And pray, sir, was there that least impropriety in a situation of that nature, that the court should desire the counsel to be silent and to take their seats?
Before judge Chase went from Baltimore, to hold the circuit court at Richmond, he knew that the sedition law had been violated in Virginia. I had myself put into his hands The Prospect Before Us . He felt it his duty to enforce the laws of his country. What, sir, is a judge in one part of the United States, to permit the breach of our laws to go unpunished, because they are there unpopular, and in another part to carry them into execution, because there they may be thought wise and salutary? And would you really wish your judges instead of acting from principle, to court only the applause of their auditors?
Would you which them to be what sir Michael Foster has so correctly stated, the most contemptible of all characters, popular judges: Judges who look forward in all their decisions, not for the applause of the wife and good; of their own consciences; of their God: but of the rabble, or any prevailing party? I flatter myself that this honorable senate will never, by their decision, sanction such principles! Our government is not, as we say, tyrannical, nor acting on whim or caprice. We boast of it as being a government of laws . But how can it be such, unless the laws, while they exist, are sacredly and impartially , without regard to popularity, carried into execution? What, sir, shall judges discriminate? Shall they be permitted to say, " this law I will execute, and that I will not ; because in the one case I may be benefited, in the other I might make myself enemies?" And would you really wish to live under a government where your laws were thus administered? Would you really wish for such unprincipled, such time-serving judges? No, sir, you would not. You will with me say, " Give me the judge who will firmly, boldly, nay, even sternly, perform his duty, equally uninfluenced equally uninformed by the "instantis vultus tyranni," or the "ardor civium prava jubentium!"—Such are the judges we ought to have; such I hope we have and shall have. Our property, our liberty, our lives, can only be protected and secured by such judges. With this honorable court it remains, whether we shall have such judges. "
The remaining part of this charge states, that my honorable client "betrayed an indecent facility for the conviction of the accused, unbecoming even a public prosecutor , and as highly disgraceful to the character of a judge, as it was subversive of justice !" I am not certain, sir, whether I exactly know what is here meant by a public prosecutor . If thereby is meant the public officer , who prosecutes those charged with being guilty of crimes against the public, I am indeed sorry to find that those officers, so necessary, are holden by the House of Representatives of the United States in so incorrect a point of view. I deny, sir, the propriety of the remark; and must be permitted to rescue, the public prosecutor from a remark so derogatory. He is as much the protector of innocence, as the avenger of guilt; his duties are as clearly marked as those of a judge. They have both one common object in view, though acting in different characters. The prosecutor and the judge are equally bound to shield the innocent, and to punish the guilty. The prosecutor does the same benefit to his country by saving the innocent from punishment, as by preventing the guilty from impunity. Neither the judge nor the prosecutor ought to attempt injuring innocence. It is equally the duty of both to punish guilt ! Such, sir, are my ideas. Such, sir, I have ever understood the duties of an office , which I have held in the state of Maryland, for twenty-seven years or more; and if my conduct had not been during that period, conformant to these sentiments, I should indeed feel myself degraded and dishonored.
I have now, Mr. President, gone through the observations, which have appeared to me necessary upon the four first articles. If I have been thought tedious my apology is the respect I feel for the dignified source from which these charges have proceeded; from my inability to decide, which of the charges the honorable managers will most rely upon, in their conclusion; and the consequent necessity of dilating upon them all; sensible of the extreme danger, that for want of exertions which indeed require greater abilities than I am able to bring into action, erroneous impressions should remain in any instance upon the minds of this honorable court, in a case of such public magnitude, and in which my honorable client is so deeply interested, for his sake—for the sake of my country, I have felt it a sacred duty to exert those few talents which providence hath been pleased to bestow upon me!
[It was now five o'clock, when Mr. Martin, informing the senate, he had not breakfasted that morning—and had not during that day taken any refreshment of any kind, except two glasses of wine and water;—that the fifth and sixth articles yet remained to be investigated by him, as being altogether of a legal nature ; and that he felt himself too much exhausted to proceed—solicited the indulgence of the court to permit him to conclude on Monday, which
was granted, and the court accordingly adjourned.]
Monday, February 25, MR. MARTIN proceeded as follows:
After having returned my very sincere thanks to this honorable court for their polite attention on Saturday, in giving me time to this morning, I will now proceed to the further investigation of the case, in which we are engaged. But before I call your attention to the fifth and sixth articles of impeachment, permit me to notice some few points that I find had been unattended to by me on Saturday.
When a witness (Mr. Rind) who had been in some degree concerned in printing The Prospect Before Us , appeared at the trial of Callender to give evidence against him, we are told judge Chase assured him that he might be under no apprehension from giving testimony, for that he should not be prosecuted on account of anything he should disclose on that trial.
What is the fact from the evidence? Mr. Rind, it seems was summoned as a witness,—he came forward without any objection on his part, to give evidence — It was then that Mr. Hay, in order to throw impediments in the way of the prosecution, undertook to interfere with the witness of the United States, and to tell him that he was not obliged to give testimony, as it might criminate himself. The judge replied it was very true, but that the court would take care the witness should not be prosecuted on account of anything he should disclose in his evidence, which might effect himself. By this the court only meant that they would not institute any criminal prosecution against the witness, and if any indictment should be found against him grounded on the testimony thus given by him, they would interfere with government to procure a noli prosqui , or pardon—and on these conditions, and under such promises, it is a most usual practice to introduce associates and accomplices to give evidence for the conviction of other and greater criminals. But this is suggested to have been improper in the judge;—and one of the witnesses, the present attorney general of Virginia, has on his examination further hazarded the idea, that any interference of the cause in question ought to have been by the United States attorney for that district and not by the court.
The gentleman is mistaken. In G. Britain when an accomplice is produced to be a witness, his production, and the security he hath against prosecution on account of anything which he may disclose having a tendency to criminate himself, is the act of the court and not of the public prosecutor, except so far as it is done under the direction and with the court's approbation. To support this position I will again turn to McNally, page 203.
"The admitting an accomplice as a witness for the Crown, is not a matter granted by the court as of course, but depends upon the question, whether the indictment can be found, and supported without his evidence.
As in the king against Robert and William Luckhurst, Maidstone, Lent Assizes, 1798.
Counsel for the Crown moved, that Avery, an accomplice, might be brought before the grand jury to give evidence on a bill of indictment.
Justice Buller said it was not a motion of course, and he desired the counsel to read over his brief, and certify that there was not sufficient evidence to convict without the testimony of the accomplice, otherwise he would not allow the motion; because it might be the means of letting off the worst offender, and punishing those to whom otherwise, according to circumstances, mercy might be shewn, and he instanced a similar case, which happened at York Assizes. The counsel then stated that this offender had been before admitted king's evidence against the others by the committing justice . Buller said that he would not pay any regard to that, because it ought not to be in the power of a justice of the peace to say, who ought and who ought not to be admitted king's evidence. The counsel thereupon said that on reading the indictment and his brief, he thought the accomplice ought to be admitted as evidence; and his motion was granted." That is by the court. This authority clearly shews that in England it is considered the province of the court to decide when, and on what terms accomplices shall be introduced as witnesses: and such has been the uniform practice in Maryland.
And here let me observe before I quit this subject, as to Mr. Hay's conduct, that although this witness came forward voluntarily to give testimony

without making any objection on his part, Mr. Hay, to obstruct the prosecution, officially interfered as far as he could, to deprive the United States of the testimony necessary to convict the offender, & to dissuade the witness from being sworn. A conduct, I confess I cannot but view as being at least highly censurable, yet, sir, my honorable client suffered it to pass without even the smallest reprimand! This did not shew a disposition, on the part of Judge Chase, to be captious, even with Mr. Hay.
There was another part of the testimony I omitted to notice; I will now do it, lest the gentleman who comes after me might make the same omission. It has been suggested by two of the witnesses, that the court, in one instance, used the word "we," in the plural number, as identifying the court with the prosecutor of the United States.—Mr. Hay has stated it to have been on the following occasion; when the counsel for Callender reproached the court with being guilty of partiality, in requiring the questions by them propounded to Col. Taylor to be reduced to writing, although the court had not made a similar requisition of the prosecutor. The court in reply, observed, "the attorney when he opened his case, stated what he expected to prove; but though he did, we were not obliged to." He was asked if he was satisfied as to the correctness of these expressions, he replied in the affirmative, and being taken down as I have now introduced them, and read to him, he adhered to them.—Some mistake there must be, for the words so stated are destitute of sense or meaning. "But though he did we were not obliged to." To do what? I presume, to have compelled him to give us his questions in writing.
The sense then must have been, that as the attorney had disclosed what he meant to prove, and as there was no doubt of the propriety of the evidence, therefore they, the court, were not obliged to require of him to put his questions in writing. This construction reduces the answer to common sense and propriety, and frees the answer from obscurity and from censure. Mr. Nicholas thinks the word "we" was used in one instance by the court, as understood by him, in the same incorrect manner, as identifying the court with the attorney, but not at the time, or on the occasion to which Mr. Hay alludes; he however is incapable to specify at what time, or on what occasion. I ask, sir, upon such evidence so uncertain, so vague, so unsupported, can any criminality be fixed, as to this part of the charge, upon my honorable client?
Indulge me, sir, with a few remarks on certain private and social conversations, which it seems have taken place between the Judge and some others, and which though perfectly innocent of themselves, have been pressed into the service of this prosecution, and attempted to be distorted into criminality—and I will then quit this part of the charges. A very worthy and respectable gentleman, with whom I have long been acquainted, (John T. Mason, Esq.) has been called upon to disclose a jocular conversation, which took place between him and my honorable client, a few days before he went on to Richmond, to hold the court at which Callender was tried. On that occasion he tells us Judge Chase informed him that he was going to hold the court at Richmond, and that he was determined to teach the Virginia bar the difference between the liberty and the licentiousness of the press. That as to himself, there was no person a greater friend to its real liberty, nor a more decided enemy to its licentiousness. Judge Chase further observed that he was in possession of a copy of the Prospect Before Us , which I had given to him, and said either that if the state of Virginia was not totally debased, or, that if there was an honest jury to be found in that state, but Mr. Mason thinks the first, he would bring Callender to punishment. Mr. Mason has declared the conversation was open and public, in the presence of a number of gentlemen, perfectly jocular, and in great good humor, and it is proved the conversation was introduced by Mr. Mason himself, whose factious talents are so well known. That gentleman has declared that it was painful to him to be obliged now to disclose what then passed. Nor can any person doubt it; or that nothing but a sense of the obligation he owes to his country, when thus called upon to obey the claims society has upon him, could have induced him thus to disclose the particulars of this sportive and factious conversation, introduced by himself, to gratify the views of any person, who would wish to turn it to the disadvantage of my honorable client.
But, sir, I will ask, in all this what is there that fixes any criminality on Judge Chase, or which indicated on his part a disposition to oppress? It was a fact notoriously known, that the bar of Virginia, in general did, or at least professed to, consider the sedition law unconstitutional, as unduly restraining the liberty of the press, that great palladium of our rights. On the contrary, my honorable client with many other respectable characters, legal and other, considered it as a wholesome and necessary restraint upon its licentiousness, and believed that such restraint was the best security for the preservation of its liberty. And on this subject let me introduce the authority of Dr. Franklin, himself a printer, and as great an advocate for the liberty of the press, as any reasonable man ought to be. He has declared that unless the slander and calumny of the press is restrained by some other law, it will be restrained by club law. The sentiment, sir, is just. If gentlemen cannot find in the laws of their country a protection from that profligate conduct of printers, which is
at this time so common, or cannot obtain from the laws of their governments ample punishment against their base calumniators, they will become their own avengers. And to the bludgeon, the sword or the pistol they will resort for that purpose. But to return to my client, it was his knowledge of the prevailing ideas of the Virginia bar that induced him to use expressions which amounted to no more than his strong sense, that they had erroneous opinions as to what was the true liberty of the press, and did not properly distinguish between its liberty and its licentiousness.
And as to the determination he expressed that he would bring Callender to punishment, Mr. Mason has declared that every thing the Judge said on that subject was predicated upon the supposition, that Callender was, in reality, the author of the Prospect Before Us .
There was nothing then personal as to Callender, but only an honest indignation expressed against a vile libeller, whomever he might be.
The Judge had in his hands one of the most flagitious libels ever published in America,—a case in which there had been the most impudent and daring violation of a law of the United States;—he considered it his duty to put the law in force against such an offender. And was it not? Yes, sir, if a Judge, either of his own knowledge, or by information derived from a respectable source, has reason to believe the laws of his country have been violated, particularly in cases of magnitude, it is his sacred duty to recommend to the grand jury an examination into such crimes, and to endeavor to bring their perpetrators to due punishment. I, sir, disclaim the idea, that a Judge shews a want of impartiality because he is desirous to see guilt punished.—I, sir, have no idea, that our judges should be, like the gods of Epicurus, lolling upon their beds of down, equally careless whether the laws of their country are obeyed or violated, instead of actively discharging their duties . Judge Chase went to Richmond, determined to enforce the laws of his country; it was an honest determination! He might, it is certain, under the frivolous pretexts used for that purpose, have continued the cause to another term, he might by so doing have left the odium of enforcing this obnoxious law to be incurred by some other of the Judges; by so doing my honorable client might have avoided the obloquy to which he has been exposed on account of this trial, and this impeachment as far as it is founded thereon. But had he so done, in my opinion, he would have been guilty of a cowardly dereliction of his duty .
Mr. Triplet has also been introduced to prove casual conversation in the moments of unsuspecting sociality and levity. He it seems travelled in the public stage with Judge Chase to Richmond—On the second day of their journey, having formed an acquaintance during that time, some conversation being introduced relative to Callender, Mr. Triplet informed the Judge that Callender had, when he first came to Virginia, been taken up in Berkeley county as a vagrant; and Judge Chase replied "it is a pity that they had not hung the rascal." And this is introduced to prove that the Judge left Baltimore with a predetermined to oppress and do injustice to Callender!
I have, sir, heard, I believe, more than one hundred of the most respectable gentlemen of all political parties use similar expressions, notably when speaking of Callender, but also of some other printers: But these expressions I only considered as marking their disapprobation of the conduct of those printers, not as a proof they would be guilty of injustice towards them, or that they would do them any unauthorised injury. Triplet had in the stage informed my client that he had never seen Callender;—the Judge meeting him at the door of the tavern, where they both lodged, as he came from court, the day on which the bench-warrant issued, observed to Triplet, "that the marshal had gone after Callender, therefore that he probably would have the pleasure of seeing him," and a day or two after informed Triplet that the marshal had returned without Callender, and he was afraid they should not catch the damned rascal that court.—Triplet has told us he boarded with Judge Chase at the same tavern six days; they were travelling together three days, during this whole time of nine days, such only are the scraps of loose, idle conversation, which have been picked up and brought forward as indicating a hostile and oppressive principle towards Callender.
As to the word "damned," which has been introduced in the conversation, however it may sound elsewhere in the United States, I cannot apprehend it will be considered very offensive, even from the mouth of a judge on this side of the Susquehanna;—to the southward of that river it is in familiar use, generally introduced as a word of comparison, supplying frequently the place of the word "very,"—not confined to cases where we mean to convey censure, but frequently connected with subjects the most pleasing; thus we say indiscriminately a very good or a damn'd good bottle of wine; a damn'd good dinner, or a damn'd clever fellow.
But, sir, what must at once efface every pretence of a disposition hostile and oppressive towards Callender on the part of Judge Chase is, the mildness of the punishment inflicted .
[TO BE CONTINUED.]
R A G S.
The highest price, in Cash or Books will be given for any quantity of clean Linen and Cotton Rags , by Rapine Conrad and Co. Capitol Hill.
June 24
WASHINGTON CITY.
MONDAY, AUGUST 3.
ST. LOUIS, 17TH MAY, 1805.
SIR
At the request of the Grand Jury of the District of Louisiana, I have the honor to enclose you the charge delivered by His Honor Judge VANDERBURGH, at the opening of the first General Court holden here on the 7th inst. for publication. The principles contained in it are, in my opinion, particularly worthy of the public attention in this quarter.
I have the honor to be, Sir, your humble servant, RUFUS EASTON, Attorney Genl. Louisiana. Mr. SMITH.
JUDGE VANDERBURGH'S CHARGE TO THE GRAND JURY.
Gentlemen of the Grand Jury,
IT is highly pleasing to me to meet at this time the Grand Jury of the District of Louisiana, as a respectable and component part of the General Court; & that pleasure is greatly increased, when I reflect on the distinguished event which has united the Louisianians with the citizens of the United States.
Among the many acts of political wisdom for which the American government has been celebrated, the acquisition of Louisiana merits a conspicuous place. This memorable event, which adds to the Union, a fertile and extensive territory, of immense value, as well as a considerable accession of population, respectable in character and property, reflects honor and dignity on those patriots and sages who were engaged in administering the concerns of the American people. Under those happy political institutions which by this joyful occurrence have fallen to the lot of Louisiana; I sincerely hope, and confidently believe that the people will always have reason to rejoice, and I have no doubt but that by a wise and judicious exercise, and by a prudent and careful application of those glorious privileges, for which the constitution and the laws of the United States are so justly celebrated, they will experience all that happiness and freedom, safety and prosperity which their brethren in the United States so eminently enjoy. I am confident that the citizens of Louisiana will not be found less impressed with the importance of supporting and preserving the spirit of our governments, or less devoted to the principles of the federal constitution, the rock of our national salvation, than any other of their fellow citizens in the union; that they will cultivate and promote by every expedient in their power, the constitution and laws laid down for their government, as the best means of securing to themselves and posterity all the principles of rational and practical liberty. A constitution, which has arisen out of society or out of the social compact in conformity with the natural dignity of human nature, and not from superstition or conquest; and administered upon the humane and benevolent principles of the one provided for the American empire, and which has so abundantly guarded against the vice and wickedness of man, must, when supported with integrity, prove a source of peace and safety, honor and prosperity to all those who live under its protection—Much, however, gentlemen, will depend on your own conduct and exertions, in order to attain that degree of political happiness which the government of the United States is so eminently calculated to produce. Under a constitution emanating from the people, and which expressly provides that they all have equal rights, no object presents itself more forcibly to the mind, or is entitled to greater attention, than that of schools and the means of education. Religion, morality and knowledge, being essentially necessary to good government and the happiness of mankind; we ought from a sense of duty which we owe to ourselves and society, to promote and encourage by every means in our power an object which unites in it so many endearing considerations. It is by an early and proper education that the mind becomes impressed with useful facts and good principles, and by diffusing knowledge and learning generally through the mass of the people, the stock of human happiness will thereby be greatly increased.—For I believe it may be fairly concluded that those who neglect the establishment and cultivation of learning, science and religion, neglect the only means of real refinement, prosperity and happiness.
Let me now, gentlemen, direct your attention more particularly to the objects of your official duties, which are dear to yourselves, and highly important and interesting to your fellow-citizens. I have no doubt that your deliberations will be guided by the principles of truth and justice, and with all that patient firmness which becomes the character of freemen, called to act in an arduous and conspicuous station.—That your breasts will be inaccessible to any of those angry passions to which the weakness of human nature is perhaps too liable—and that while you are occupied in the righteous business of administering justice, you will feel superior to every consideration, which has not the public good, and the happiness of the people for its object. Let your ears be open to the voice of truth and your hearts steeled against the malicious breath of falsehood and calumny: They are malignant and dangerous passions, not
more destructive to virtue and generosity than to the peace and happiness of those who harbor them. They are ever ready to confound private with public justice. Let your love of duty, and the knowledge you have of the value and dignity of your office, point out the course you ought to pursue in order to attain an honorable fulfilment of your official pursuits.
But while we are zealously endeavouring to discharge with integrity the duties we owe to each other, let us not forget to bear in grateful remembrance, the many signal favors which we have received from Divine Providence; let us ardently strive so to regulate our conduct and actions in our obligations to God, as to leave us conscious hopes that the same Providence will ever continue to increase and protect the prosperity of the people of Louisiana.—The constitution and laws of the United States assign to grand and traverse juries, a very important share in the administration of public justice, and it is of the utmost concern to every member of the community, that those duties should be punctiliously and faithfully fulfilled. Connected with the duty of grand juries in all free governments, is the important right they have at every court to which they are called, to give their attendance for that purpose, to examine into the acts of the legislature, and especially those of a criminal nature, and to exhibit to the bar of public justice, all those who are wicked and daring enough to act in violation of any of the provisions therein contained.
One of the fairest features in the American government is that spirit of equality which reigns through all its parts, so that no man is superior to the laws of his country, that the great and the small, the rich and the poor, all bow alike at the altar of justice, and submit to those obligations from which none are exempt.—The grand jury is a body of men selected for the purpose of preserving the peace of the district over which they preside, and of bringing to light for investigation and punishment all violence, outrages, breach of the peace and every thing that may occasion danger, disturbance, alarm, or dismay to the citizens.
They are under a solemn obligation to disclose every offence of which they have knowledge, and examine every charge of which they have information, and deliver their judgment with a strict and impartial regard to public justice, and to the public peace.—It is the peculiar duty of the grand jury to take cognizance of all offences against the laws; but in discharging this trust, so essential to public freedom, care must be taken to do it in such a manner as to defend and relieve the oppressed, protect the innocent, punish the guilty and cherish and support the friendless.
Among the many wise and salutary provisions which have been made in order to secure and perpetuate the blessings of freedom to the American people and their posterity, none occupy higher ground than that which secures to them the invaluable right of the trial by jury. By this admirable mode of decision, superior to any other in the world, we find it carefully provided that no man shall be called to answer for any crime unless upon the preparatory accusation of twelve more of his fellow citizens, the grand jury acting under all the impressions of duty and the solemn obligation of an oath: the best means that has ever been devised for ascertaining the cause of justice, for we find in every religion the Deity has been invoked to confirm the truth or punish the falsehood of humane testimony, and that the truth of every such accusation whether preferred in the shape of indictment, information or otherwise, shall afterwards be confirmed by the unanimous suffrage of twelve of his equals and neighbours, chosen in such a manner as to remove every idea of suspicion, and discard all apprehensions of partiality or favor; here there is a monument raised in favor of freedom, that will, as long as juries hold inviolable their duty, remain terrible to the enemies of justice.—There is, gentlemen, no branch of the government of the United States more sensibly felt by society, than that of the judiciary.—It is to this authority aided by juries that we must resort for settling all questions of civil property, and it is there we must likewise go, as to the fountain of justice, for support and protection against every act of tyranny and oppression.—It is the judiciary only which can reach the person, the property, or the life of an individual.
Here then we readily perceive the necessity of every man who participates in the blessings of our government, being in some degree acquainted with this most valuable method of trial, not only because we are frequently called upon by the laws of our country to determine in this capacity the rights of others, our fellow-citizens; but because our own property, our liberty, and our lives depend upon maintaining in its legal force this constitutional trial by jury.
Numerous and powerful indeed are the inducements held out to excite us to noble and virtuous actions, by an honorable pursuit of which we shall not
only contribute more forcibly to support and maintain the laws, but shall escape many of those evils to which the infirmities of nature and the imperfections of society renders us liable.
It is my duty, gentlemen, to give you in charge the act of Congress, entitled "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers."—One of the principal objects embraced by this act, and in which the interest and welfare of this country is deeply concerned, is that of preserving peace and friendship with the Indian tribes. In order to carry this humane object of the law into effect, it is necessary, whenever the Indians have occasion to come among us, to receive them with humanity and treat them with the utmost justice and good faith: that in all our intercourse with them, we should, in obedience to this law, regulate our conduct in such a manner as to remove all cause of complaint; promote and strengthen that good understanding, which so happily exists at present, and which affords the greatest protection and best security our brethren on the frontiers can have against the bloody scalping knife and murderous tomahawk of the merciless savages.
I also give you in charge the act for the punishment of certain crimes against the United States, and the act in addition to an act for the punishment of certain crimes against the United States.
Let me now direct your serious attention to such of the statute laws of the district, as from the nature of your duty requires you to examine and deliberate on.
Before you retire permit me, gentlemen, on behalf of the court to congratulate you on the success of your application to Congress, on the subject of a separate territorial government. It is another evidence of the readiness with which the national legislature is at all times disposed to listen to every well founded application. The change, which is about to take place, renders this not only the first, but the last time that we shall have the honor of sitting in court among you.—We, therefore, beg of you to accept of our unfeigned solicitude for your welfare and prosperity, and we most devoutly pray that Heaven may continue to the people of Louisiana its choicest token of favor and beneficence: that your union and brotherly affection may be perpetual, and that you may cherish a cordial, habitual and immovable attachment to that free and happy government under which you have been brought: that, in short, the happiness of the citizens of Louisiana, under the auspices of liberty, may be complete, and that every part of their public conduct may be stamped with wisdom and virtue.
I now dismiss you, gentlemen, to your duty, and under the dictates of your own consciences, and that great rule of right which God hath inscribed on every virtuous mind, sincerely believing that you will discharge it faithfully.
Expression of thanks, and request of Grand Jury.
TO THE HONORABLE THE GENERAL COURT IN AND FOR THE DISTRICT OF LOUISIANA.
The Grand Jury for the body of the said district beg the honorable court to accept of their sincere thanks, for the excellent charge delivered to them by his honor Judge Vanderburgh, at the opening of the first general court, and on the first session of a body so ancient and respectable in the said district of Louisiana. Sensibly feeling the obligations they are under to the Honorable judges of the court, they request that his Honor Judge Vanderburgh would favor them with a copy of his charge for publication, in order that the principles contained in it may be disseminated among their fellow-citizens.
Grand Jury, in Session, } St. Louis, May Term, 1805. }
B. JOHNSTON, Foreman of the jury composed of twenty-three members.
Answer of Judge Vanderburgh.
JUDGE VANDERBURGH presents his respects to the Grand Jury of the District of Louisiana, and acknowledges the receipt of their polite note, requesting a copy of the charge which he had the honor of delivering to them on Tuesday last, and which he herewith forwards. Next to the satisfaction he derives from a conscientious discharge of his duty, is that of having the approbation of so respectable a body as the Grand Jury of Louisiana.
St. Louis, 10th May, 1805. TO BENJ. JOHNSON, Esq. } Foreman of the Grand Jury } for Louisiana.
It is reported from Spain that the Inquisition have prohibited Locke on the Human Understanding, and Pope's works, the best books in the English language. And can it be wondered at? Such invectives are commonly uttered against Philosophy and Theory, that it will not be surprising to see soon a persecution of letters, and of all the friends of science. The Illuminati scheme began by mobbing a cabinet of curiosities.

Spain will not be the only country which may suffer. In the United States, while some men are gaining strength to their prejudices from the liberty of their country, they are gaining strength in error from the ill-judged zeal which professes to oppose licentiousness. So that indeed we may find two most powerful causes, and yet from opposing parties, contributing to degrade the literary character, and the only true wisdom of our country. It cannot be easily affirmed which cause will operate most powerfully. Men catch eagerly at the sound of liberty. They readily listen to the flattery of their prejudices. From this state of society results an order of things, which no one contemplated, and which no one wishes. And the result is, either to be indifferent to religious opinion, which however a man may pretend to be for himself, he cannot be in the state—or to insist upon such an establishment as dictates to society what opinions shall have the authority of government. And then all suffer; they who imposed the necessity, and they who submit to it. (Salem Register.)
DIED —In Harrisburgh, on Tuesday last, in the 44th year of his age, Gen. JOHN ANDRE HANNA, for many years a respectable inhabitant of that borough; and on the day following his remains were accompanied to the grave by perhaps the largest concourse of people ever witnessed in that place on a similar occasion.
General Hanna has been for several years a Representative of this state in the Congress of the United States; in which capacity an unremitting attention to the interests of his country, and a firm attachment to the principles of the revolution were honorably recognised by his constituents, in his repeated re-elections to the same important post.
It is also an honorable trait in the political character of the deceased, that while political commotions and the conflicting interests of contending parties, in that honorable body of which he was a member, was often productive of a degree of warmth and asperity in their deliberations, not very congenial with the spirit of harmony—the part which Mr. Hanna took in those proceedings was uniformly marked with a distinguishing moderation. But in private life, the character of General Hanna presents still more amiable and interesting pictures: Generous, charitable and humane; possessing by nature a benevolent heart; refined and enlarged by the polishing hand of education, and an extensive intercourse with mankind, his disposition was peculiarly adapted to the enjoyment of domestic and social happiness. In his family, an affectionate husband, a tender and indulgent parent; in his neighborhood, kind and obliging, and in his intercourse with society, polite and affable. In a word, the deceased possessed as great a share of those social virtues which are the ornament of human nature, and the support of society, as commonly falls to the lot of an individual.
Private letters from India state, that Marquis Wellesley has effected an entire pacification in the newly conquered Mahratta dominions. Very furious disputes still exist among the excluded and reinstated Zemindars in the ceded provinces of Bengal and the Carnatic. London paper.
EDINBURGH.
Monday se'nnight a splendid dinner was prepared at Fortune's Hotel, Princes-street, for the friends of Mr. John Leslie, author of the Essay on Heat, which gained Count Rumford's Medal, in order to celebrate his being declared Professor of Mathematics by a considerable majority of the General Assembly on Wednesday se'nnight. At five o'clock upwards of 70 of the most eminent characters in this country were assembled, and the Rev. Sir H. Moncrieff Wellwood, Bart. was unanimously called to take the chair. The Earl of Lauderdale was placed on his right, and the honorable Henry Erskine on his left hand. Lords Maitland, Semple, Bannantine, the celebrated Professor Dugald Stewart, Dr Hunter, Messrs. Dalziel and Playfair, and the Hon. Mr. Temple, also present. The dinner consisted of every luxury which the season can afford, and was served up in the most sumptuous style. Sir H. Moncrieff, when the cloth was removed gave "the King," which toast was enthusiastically received. He then gave "John Leslie, Esq. may he long continue an ornament to this University and to Scotland, and may he add another illustrious name to his predecessors in the mathematical chair." Bursts of applause resounded from every part of the table at this toast, which was drank with three times three. On the health of Lord Lauderdale and Mr. Erskine being drank, they each made a neat, but forcible speech to the company, in which they declared the warmest approbation of Mr. Leslie's principles and abilities, of which no man could now form two opinions. Professor Stewart expressed his firm opinion that no more able mathematician, or more zealous christian was to be found in Europe than Mr. Leslie, and said that he should consider this day as the happiest of his life, in which he saw, the foul aspersions of a party defeated. The whole table indeed, seemed to feel joy at Mr. Leslie's triumph, and did not separate till a very late hour. Lon. pap.
Philadelphia, July 27.
The following recent instance of tyranny, exercised by the British govern-
ment at Surinam, having been made the subject of conversation in several circles in this city, I think it a duty I owe to the public and myself, to publish the circumstances as they have been sworn to in my affidavit before the Mayor of the city on my arrival; and which were noted down at the time.
J. H. HORTON.
PARAMARIBO, JUNE 9, 1805. Proceedings of the Governor of the British Colony of Paramaribo, in South America.
Being loaded and nearly ready for sea, I repaired as usual to the custom house, for my clearance, but I was informed on my arrival, that the Fiscal had refused to sign my certificate, unless I would take on board two criminal negroes, who were under condemnation of banishment. This I informed them I could never think of doing, and went immediately to the American Consul, and informed him of the Fiscal's resolution: he advised me to go and lay the business before the governor. Accordingly I went, and waited on his Excellency, not doubting but that he would interfere in my favor; but alas, I soon found my mistake—I met the governor and his secretary standing at the door; I advanced and addressed the governor as follows: Sir, your most obedient; I have business of importance to acquaint you with. The governor asked, what is it? I answered—The Fiscal, sir, refuses to sign my clearance, unless I will take on board two criminal negroes, that are sentenced to be banished from the colony; the governor replied, very well, take them. I asked, must I take them? The governor replied, yes you must take them. I answered, I think it hard. The governor replied, I can't help that, you must take them; they will answer you a very good purpose; they will be fit members for you Americans. I then asked, but why sir, if they are such useful members of society, do you not keep them in your own colony? The governor answered, because we don't like them, they don't answer our purpose, they don't suit us, but they will do very well for you, they will answer you a good purpose. I answered, neither do I like them, nor can I take them. The governor said, you must take them. I replied, how shall I answer this to my country when I return? I expose myself to a very heavy fine, besides incur my country's displeasure. The governor answered, O pooh, things of this nature are easily answered in America. I replied, be that as it may general, I cannot take them. The governor then answered in a peremptory tone of voice, then remain there, looking towards the shipping at anchor: the governor then walked away. I then addressed the secretary and asked, is there then no alternative? The secretary replied, none at all, you must take them. I went immediately to the consul and requested him to make out my protest as soon as possible, for I should immediately abandon both vessel and cargo. The consul advised me to form no such resolution; he said that he would do all that lay in his power to assist me, he wished me to carry a letter to the governor. Accordingly I went and gave the letter to the governor's secretary—I waited until the next day, but no answer came to the letter. I was then advised to go once more and see the governor, that perhaps he had altered his resolution. I thought the prospect small, but notwithstanding, I went at about 9 o'clock in the morning, I met the secretary at the door, and addressed him with, your servant sir, I asked, is the governor within? The secretary replied, yes. I asked, can I see him? He said, no, it is not an hour to wait on the governor. I answered, I ask pardon for intruding, but I thought it an hour to wait on any gentleman. The secretary said, if you are on the affair concerning these criminals, my orders from the governor are, to inform you that you must abide by the laws of the colony; that I know no such man as the American Consul in the colony, and that you must take them. I then asked, will you give me a writing from under your hand, to certify that they were put on board by your order? He answered with a raised tone of voice, and a consequential air of importance, I will give you nothing at all. All hopes were now at an end, I must submit, and have them put on board without having any thing to shew my country on my return home, how I came by them. I then went to the Fiscal and endeavored to dissuade him from his resolution, but seeing him determined, I requested of him a certificate to prove that they were put on board by his authority. At first he refused, but at length being softened by being informed of the situation my vessel and ships company were in, and being made sensible of the difficulty that I should have on my arrival in America, he at length consented to give me a certificate to shew that they were put on board by his authority, also that he had tendered me fifty guilders a piece for their passages, and that I had refused to take it. He then sent two constables armed with staves and cutlasses, and took them from prison, and put them on board—nor could I then get my clearance, until I had given a receipt that they were on board, and that I would take them out of the colony. He informed me also, that special orders would be sent down to the officer of the fort at Bram's Point, to see that those criminals were on board when I past the fort, and to fire on any boat that should leave the vessel, or attempt to land after I past the fort.
J. HAVENS HORTON, Master of the sch'r Julian, of Newburyport. Sworn July 15, 1805, before me MATTHEW LAWLER, Mayor.
[TRANSLATION.]
By the office of the Fiscal, is given to capt. J. Havens Horton, for exportation out of this colony, in his sch'r Julian, the free negro called Andreas, alias Ruamina Tectoc, and the free negro woman Affibovan Labo, for whose exportation he was offered the sum of 50 guilders each, which he has refused; saying that he would accept nothing for it.
P. H. SPIENG, Senator & Fiscal.
I, CHARLES ERDMANN, sworn interpreter of foreign languages, in and for the commonwealth of Pennsylvania, by lawful authority duly appointed, do certify, that the above is a true and faithful translation of a certain original paper written in the Low Dutch language, annexed hereto.
In witness whereof, I have hereunto set my hand and seal of office, at Philadelphia, the 19th day of July, A. D. 1805. (Signed)
CHARLES ERDMANN.
Philadelphia, Aug. 1. Extract of a letter from an American officer, dated at Malta, April 5th, 1805.
"In my last I believe I informed you that capt. Eaton had gone to Alexandria in Egypt to meet the cidevant Bashaw of Tripoli, brother to the reigning Bashaw, since which the Argus has returned, and brings letters from Eaton. He was received with much attention, and appointed generalissimo by the Bashaw; he is now at the head of about six thousand men on his march for Tripoli, a distance of 1000 miles, he is supposed by this time to be at Derne, a province of Tripoli, about half way from Alexandria."
"The Argus has again been dispatched to Derne with provisions, and the commodore has sent to Messina to purchase field pieces, &c. Great hopes are entertained from this expedition. The reigning Bashaw is much alarmed, and has put himself at the head of his army to oppose them."
"Commodore Barron continues very ill yet. The Constitution, Constellation, and brig Vixen are now off Tripoli, from which he had just returned; the Essex and Enterprise at Venice and Trieste, expected here daily—the Congress and Nautius at Syracuse or on their passage to this place—the Syren cruising off Tangier."
Extract of a letter from an American Officer, dated Malta, April 7.
"A letter dated January 27th, was received a few days since from Captain Bainbridge by way of Tunis. The officers were all in good health, notwithstanding their rigorous confinement.—Arrangements are making for entering an offensive operation against the Barbarians. It will be needless to assure you that the officers and crew of the squadron are full of zeal and ardor, and that every thing will be done to insure success, and to restore our unfortunate prisoners to their country and friends."
TRIPOLITAN CAPTIVITY.
A letter from Jonathan Cowdery, esq. Surgeon of the late frigate Philadelphia, now a captive in Tripoli, to Dr. Mitchell, dated 24th Nov. 1804.
"DEAR SIR, "I hope you will excuse me for the liberty I take in suggesting to you a few remarks which have occurred since my captivity. The Bashaw has taken me from the prison where my fellow officers are confined and ordered me to attend his sick slaves who are principally Neapolitans, negroes, and our unfortunate crew. Some of the latter I this morning saw chained to a cart loaded with stones which they were dragging through the town to repair the fortifications. They complain much of hunger, cold, hard labor, and the lash of the whip. I confess I never saw anything that wounded my feelings equal to the sight of those poor fellows. I have liberty to walk in the town, but am attended by a Turk who is loaded with weapons of war. I am not allowed to visit any of the fortifications nor any of the foreign consuls. Capt. Bainbridge's endeavors to relieve the wants of his crew are often countermanded by our new masters. Five of our countrymen have turned Turks, and five have paid their last debt to nature. Diarrhoea and Dysentery have often appeared among our crew, but on a free use of Carbonate of Soda (Natron) which is found in abundance in this country, and often whitewashing the walls of the prison with lime where they sleep, it soon disappears. Our crew are now very healthy."
"During the several attacks upon this town by our squadron under the command of commodore Preble, many Turks were killed and wounded, and several men much burnt by the explosion of their own powder. I had an opportunity of seeing their method of curing burns in particular, many of which extended over the whole body. The Bashaw has all of his wounded brought to an apartment in the Castle where he visits them and makes them a present of ten dollars each. He then orders his surgeons and Mamelukes to dress their wounds; he often assists with his own hands. The Mamelukes are his body guards; the Marabouts are employed to expel evil spirits, and make intercession with Mahomet their prophet, for their recovery. Those that were burnt, were first anointed with honey, carefully preserving the skin as much as possible and keeping the parts exposed to the air. They then sprinkled the ulcerated parts, if any, with a fine powder of white lead, (Ceruse;) this is repeated at short intervals until a scab is formed, that is carefully pro-
served until a cure is accomplished, which is remarkably soon."
"I hope and expect that in due time my country will honorably and to the astonishment of Barbarians and Tyrants liberate us from the chains of slavery, and restore us to our native land, that happy land the thoughts of which is a healing balm to our souls in their miserable bondage."
London, May 20.
One of the cordons of Bonaparte's Legion of Honor, recently transmitted to the Court of Berlin, was intended for Field Marshal Moellendorff, but was peremptorily rejected by that veteran warrior. The following letter has been circulated on the Continent, as an accurate copy of the terms in which the Field Marshal repelled that infamous attempt to associate him with the slaves, rebels, regicides, by whom the usurper is surrounded:—
"SIR—The rank I occupy, and the royal orders with which I have been decorated by your Majesty's grand uncle and father of glorious memory, evince, that my services as an officer, and fidelity as a subject, were approved by those Sovereigns—Since your Majesty's reign I have done nothing to forfeit such an honorable opinion.—What could there fore have induced the person at the head of the French Government to insult me with his offer of having my name registered among the guilty ones of French rebels and regicides who supported that foreigner's usurpation—all members of his pretended Legion of Honor? My conscience, Sire, is clear; no honor, loyalty, and duty command me, therefore, to repulse with indignation such an outrage, such an attempt to disgrace the gray hairs of one of, Sire, your Majesty's most faithful subjects."
(Signed)
"MOELLENDORFF, F. Marshal. Berlin, April 28. 1805."
1500 COLLARS REWARD.
HIGHWAY ROBBERY.
YESTERDAY about 11 o'clock in the forenoon, Mr. JOHN PETER, an Officer of the BANK OF COLUMBIA, was stopped on horseback on the road between this town and Alexandria, and within about 2 miles of the latter place, by some unknown villain, shot through the body with a pistol, and robbed of a sum of money in his possession belonging to this Institution which he was taking to Alexandria, for the purpose of exchanging with the banks there.
The whole sum taken amounted Eighteen Thousand One hundred and Fourteen Dollars and Sixty five Cents, made up in several packages, among which were,
1 post note of the Bank of Virginia, for 800 1 do. of the same, for 500 1 do. of the same, for 500 1 do. of the same, for 450 1 do. of the Bank of Potomac in favor of Joseph Riddle by him endorsed to Washington Bowie, dated 6 July, 1805. No 117 149 65
A check of the Union Bank, on the Bank of Alexandria drawn by R. Higinbotham, cashier, in favor of Greatham and Deveraux, by them endorsed and by Benj. Stoddert, and C. Smith, Teller.
There were also a parcel of post notes of the Bank of Alexandria for 100 dollars, and for 50 dollars each. The remainder was in current notes, principally of the banks of Alexandria and Potomac, and some few of the Bank of Virginia of different sizes and denominations.
As the attack was sudden, and the wound received of a nature to deprive Mr. Peter instantly of his senses, (although it is now hoped he will recover) the description obtained may not be very accurate.—As far as we are informed—the man who perpetrated the act, is of middle stature, good countenance, and had a genteel appearance. He had on a dark blue or black coat, nankeen pantalettes, shoes, and a black hat, he was on foot and alone at the time, but may have had accomplices concealed, and will probably change his clothes.
FIVE HUNDRED DOLLARS will be given to any person or persons, who will detect and bring to conviction the robber: and ONE THOUSAND DOLLARS additional for the recovery of the whole of the money, or in proportion for any smaller sum recovered—should there be accomplices, and one of them make a discovery, so that it leads to the conviction of the robber, or to the recovery of the money he shall receive the above reward, and interest will be made to obtain his pardon.
WILLIAM WHANN, Cashier of the Bank of Columbia. George Town, July 31.
NOTICE.
HAVING agreed with Mr. ANDREW REINHART for keeping in repair the Public PUMPS in the city of Washington. It is requested of those in whose neighborhood pumps of that kind are situated, in the event of their being out of order, to give Mr. Reinhart notice thereof, and to certify what he has done to the said pump, when finished.
ROBERT BRENT, Mayor of Washington. August 2—3t
Four Dollars Reward.
STRAYED or stolen, from the Commons of this city, a RED COW, with a small white spot at the end of the tail; she has a large head, long horns, short legs, and a long body. The above reward will be paid to any person, giving information of her to the owner (so that he may get her again) by applying at the Marine Barracks. Washington, July 29—3t
POSTSCRIPT.
Boston, July 29.
Mr Thayer, just arrived from the West Indies, informs, that he left Guadalupe the 2d inst. (the latest arrival from that quarter) at which time none of the English prizes reported to have been taken by the combined fleet and sold, had arrived there, or at Martinico—Nor had any correct accounts of their having been burnt reached that island. Some of the officers and crews of the vessels captured had arrived at Guadalupe; and they reported, that the vessels captured, fifteen in number, had been sent off under convoy of two frigates. The non-arrival of these prizes at Guadalupe, was generally attributed to their having been fallen in with by lord Nelson and recaptured.
Capt. T. was informed by one of the French officers, that when they left France, they supposed their destination was the East Indies; and that they had on board passengers for that quarter of the globe.
The troops which embarked at Guadalupe, were all reloaded before the combined fleet quitted the West Indies.
The force of the combined fleet has been accurately stated.—It was composed of 21 sail of the line, 6 of them Spanish. They were mostly very fast sailing vessels.
New-York, July 31.
We learn by the sch'r Regulator, Mather, that the port of Laguira was shut against neutrals on the 5th of July; since which time no vessel had been allowed to anchor there excepting the ship Stranger, capt. Waterman, of N. York, who arrived on the 8th, and received permission to enter in three or four days afterwards.
Baltimore, August 2.
A gentleman of the navy called upon us this morning, and requested us to mention, that Gun-Boat no. 3 had her heavy gun in her hold, or the three Spanish privateers would have had more work for their prize.
This is to give notice, That the subscriber hath obtained from the Orphans Court of Washington county and district of Columbia, letters of administration on the personal estate of Joseph Hodgson, late of Washington city, deceased—all persons having claims against the said deceased, are hereby warned to exhibit the same, with the vouchers thereof to the subscriber, at or before the 29th day of January next, they may otherwise by law be excluded from all benefit of the said estate—Given under my hand this 29th day of July, 1805. REBECCA HODGSON. Aug 5—1aw3w
Fifty Dollars Reward.
RANAWAY on the 9th inst. from the subscriber's farm near Frederick Town, (Maryland) a dark mulatto fellow named MOSES,
But commonly called LANHAM, He was raised near Piscataway and sold by Mr. Burrells to the late James Marshall, deceased, of Frederick county. Lanham is about thirty years of age, nearly six feet high, stout and very active, fond of spirituous liquors, has been accustomed to working aboard shipping, likewise in a brick yard and is well acquainted with the management of horses and with the ferrying business; he is a very artful fellow, and I expect he has obtained a pass and will pass under the name of Samuel Beall. He had on and took with him an osnaburg shirt & trowlers, a blue cloth coat with a black silk velvet cape bound with silk ferretting, a black fur hat nearly new, a pair of shoes nearly new, an old drab fur-cuted coat, with sundry other clothing not recollected; he has a scar under one of his eyes but it is not recollected which, somewhat hard of hearing and round shouldered. From his acquaintance in the city of Washington I suppose he has made for that place or some other seaport. Whoever takes up and secures said fellow in any jail so that I get him again shall receive if taken ten miles from home eight dollars, if twenty miles sixteen dollars, if thirty miles twenty dollars, if fifty miles thirty dollars, and if a greater distance the above reward with all reasonable charges it brought home.
JOHN L. HARDING.
N. B. Masters of vessels and others are cautioned against harboring said runaway at their peril. July 26—1m
To be Sold,
Or exchanged for other property in the City, or its vicinity.
TWO valuable and contiguous TRACTS of LAND in the state of Kentucky, the one containing 6330 acres, and the other 6252 acres, by late survey. They are under old and indisputable titles of more than twenty years, and situate in a populous county, adjoining flourishing settlements. All taxes thereon have been duly paid. Apply to the subscriber, JOHN BECKLEY. City of Washington, July 17—cpzm
Runaway Negro.
WAS committed to the jail of Frederick county, Maryland, on the 19th day of May last past, as a runaway, a negro man named JIM, who says he is the property of a certain John Chew Thomas. He is about 23 years of age, five feet three inches high; has thick lips and long wool; His left hand and wrist have been considerably injured by a waggon. His clothes are, a striped gingham sailor jacket, a frowsdown waistcoat, white osnaburg small clothes, woollen stockings, an old fur hat, and a muslin shirt. His owner is desired to release him, or he will be sold for his jail fees agreeably to law.
GEORGE CRUEAGER, Sheriff of Frederick County. June 12th—1805—1aw3w.

A List of Lands and Lots of Ground in Prince George's County, on which there is not personal property liable to pay the taxes due thereon for the years 1802, 1803, and 1804.
   Acres. Tax.     Allen Bowles heirs, Brooke Ridge, part of Leith and Lee's Lodge 1026 7 4 8   Benjamin Brooke's heirs, 6 x 2 lots in the town of Upper Marlboro' 7 18   Elizabeth Brooke, her dower in the above lots 19 8   Daniel Carroll's heirs, part of Darnalls Chance 19 1-2 9 8 1-2   Daniel Dulany's heirs, 2 lots in Upper Marlboro' 4 2   John Keadie, p. of Beall's Chance 80 9 5   Thomas Sim Lee, p. of a lot in Upper Marlboro' 2 6   Grace Lyon, 1 Lot in do. 1 5 6   Arnold Livers, 1 Lot in do. 2 6   Frank Luke, sen. Heirs, 4 3-4 Lots in do.   p. of Darnalls Chance and addition 92 7-8 92 7-8 9 14 3   Samuel W. Magruder's heirs, p. of a lot in Upper Marlboro' 1 3   Dennis Scott heirs, p. of 2 Lots in do 1 8 3   John Campbell, p. of Hogpen, and Laffers Green 100 11 1   Wm. Grindell, Taylors Course 210 1 9 6   Jane Eaton, p. of Brookefield 100 1 3 6   Docker Thomas Gant's heirs, p. of Turrell and Bowling Green 178 1-2 1 17 2 1-2   Priscilla Bowington, Aaron's Reprieve 70 6 8 1-2   Thomas B. Hodgkin, 1 Lot in Nottingham 2 6   Wm. Mayhew, p. of Colibrook 196 1-2 2 10 1 1-2   Alexander Magruder's heirs, p. of Coxhays 574 4 12 11   James Mewborn, p. of a lot in Nottingham 4 11   Laurence Ouseal, p. of Livver 112 5 4   Julius Adams, p. of Market Overton 102 1-2 14 5   James Adams, p. of Market Overton 50 2 5   Charles Bozman, p. of the upper p. of Wynns Chance, p. of Indian Fields and p. of Gardiners meadows 98 3-11 p. of Indian Fields and Wynns Chance 229 1-2 1 3 9   Nicholas Blacklock, heirs, Blacklocks Venture, 125 p. of the widows Trouble, 100 p. of Gants enlargement, enlarged 268 1-2 629 9 4   p. of Strie and Boston 135 1-2   John Bowlings heirs p. of Pitscauway manor and Downs's Neglect 267 1-2 1 19 3   Samuel Baty p. of p. of 116 6 3 1-2   George Dyer, p. of Edlins Hogpen enlarged 200 2 11 7   Thomas Dyer's heirs, p. of the same land 100 17 10   Henry Davidson, 1 Lot in Pitscauway   p. of Litch and Pittsburgh 3 3 1-2 3 3 1-2 5 0 3   Mary Fenwick, p. of Hills Recovery 400 6 19 8   Eliza Hardy p. of Litch 1 10 8   Rev. George Ralph p. Lempter 63 1-2 The West quarter enlarged 337 400 1-2 1 3 3   Richard B. A. Webster, p. of the Ridge 73 10 5   Judson Clagett's heirs, p. of Dublin 197 p. of Stony Harbour 297 5 17 8   Daniel Hurly, Weavers Delight 93 13 2 1-2   John Hepburn p. of Out 70 13 6 1-2   Thomas Jenkins of Daniel, Oxmantown and p. of Maiden Bradley   278 p. of Magruder's Choice 90 p. of Refuse 45 p. of What you Please 34 447 1 1 3 1-2   Charles King, a small p. of several tracts 2 7 1-2   William Mansfield, p. of Lulbys Discovery 75 3 5   Elizabeth McDonough, p. of Majors Choice 57 1-2 2 9 1-2   James Morris heirs p. of Silver Hills 449 2 16 3   David Stone p. of Chance 166 17 9   Sarah Spinks, the Ridge 102 3-11 Turlys Fancy 30 Weavers 52 p. of the White Marishes 143 347 3 11 2 15 11 1-2   Elizabeth Beall, p. of Pitscauway 367 5 11   John Free, p. of lot No. 3 in Bladensburg 9 3   George Fries heirs p. of the same lot 16 9   John Murray, Land above 22 1 2 1-2   Just Taylor, adjoining the town of Bladensburg 1-2 12 1 1-2   William Baily p. of Barbadoes 80 13 1   Jesse Carpenter, p. of James and Mary, Worse than Nothing and Plummers Jack 200 2 9 3   Francis Perkins's heirs p. of the Refurvey on Millers Beginning 105 1 9 5   Catherine Price, 1 lot near Bladensburg 2 5 1   Elizabeth Jones p. of Elizabeth's portion 41 1-2 3 11   Andrew Leitch's heirs, p. of Deakins's Hall, Little Meadows   Forest-pet, and Point Branch 235 1-2 1 4 8 1-2   James Seagg, p. of Chews Folly 81 1-2 9 8   George Wilton, p. of Flag Bottom 52 3-4 15 1-2   George Brian, Burch's Venture 100 16 2 1-2   Zphenah Markers p. of Discovery 16 1 6 1-2   John Markers, p. of Discovery 26 2 6   Bail Lucas p. of Hughs Discovery and Little Meadows 20 3 9   James Ryon, p. of Flag Bottom 25 17 1   Thomas Rhodes, p. of Batchelors Forrest enlarged 4 1-2 Rhodes's Purchase 1 1-2 Batchelors Forrest 32 3-4 p. of Millers Beginning and Refurvey on do 24 3-4 Hall's Chance Re-survey 27 1-2 p. of the Refurvey on Isaac's Park 32 1-2 123 1-2 12 10 1-2   James Prather, p. of Batchelors Forrest and Millers Beginning 52 1-2 p. of Millers Beginning 24 3-4 77 1-2 13 1   John Withersal, Withersals Beginning 10 2 6  
Notice is hereby given, that unless the county charges aforesaid are paid unto Richard Duvall, the Collector, within thirty days after four weeks publication of this notice, the said lands and lots of ground, or such parts thereof, as may be sufficient to discharge the Taxes and Legal charges thereon due, will be sold to the highest bidder, agreeably to the directions of the Act of Assembly passed November session, 1797, entitled "An act for the more effectual collection of the county charges in the several counties of this state."  By order of the Commissioners. SAM. HEPBURN, Clk.
THOSE persons who are interested in the property above described are requested to pay the taxes due thereon with charges of advertising on or before the 22nd day of August next, otherwise I shall proceed to sell on said day the same, or so much thereof, as may be sufficient for the payment of said taxes and charges at public vendue, at Wm. Roff's tavern in Bladensburg.  RICHARD DUVALL, Col. of Prince George's county. July 22—w4t
TO BE SOLD, AT PUBLIC VENDUE, At Gadby's Hotel, in Alexandria, on Monday the 16th day of September, at 12 o'clock at noon.
ALL that TRACT OF LAND late Presly Thornton Esquire's, situated in Northumberland county, Virginia, lying immediately on the Potomac river. The following description is given of this property by persons well acquainted with it:—It contains 2,500 acres, 1,700 acres of which are the most valuable low grounds on the river, between 3 and 400 acres heavily timbered, and the remainder very high land extremely productive. The soil of this tract is equal to any in the state for the cultivation of corn, wheat, tobacco, timothy, and small grain of all kinds. On this tract are a large commodious Brick Mansion House and two Offices, a large Brick Stable, valuable Barn, Cow House, and many other out houses. The Orchards and Garden contain a variety of valuable fruit trees, and the waters abound with excellent fish and oysters. It is situated about a day's sail from Baltimore Alexandria and Norfolk. There are two good mill seats for grist and saw mills on the estate, and plenty of cedar and chestnut timber, for which an excellent market may be found at the city of Washington.
The terms of sale are—one fourth cash, one fourth in one year, one fourth in 18 months, and the residue in two years from the day of sale. The payments to be secured by bonds, with mortgages on the premises, and to be on interest from the day of sale.
For further information, application may be made in behalf of the subscriber, Thomas Robinson, to Richard Peters, jun. attorney at law in the city of Philadelphia, or to William Lewis, in the same city, (Philadelphia.)
THOMAS ROBINSON, W. LEWIS. June 19—ep Sep 16
LOTTERY. THE Lottery for the Church of St. John's Frederick Town, will commence drawing in Frederick Town in December next.
Tickets in the above Lottery may be had at FIVE DOLLARS, of the Rev. Wm. Matthews, Peter Heally & Co. and Capt. John Coyle, Washington city, and of the Rev. Bishop Neill, George Town.
The scheme of the Lottery may be seen on application to any of the above gentlemen. July 31—3t
THIS is to give notice, that the subscriber has obtained from the Orphan's Court of Washington county and district of Columbia, letters of administration on the personal estate of Patrick Lynch, late of the Marine Corps deceased; all persons having claims against the said deceased, are hereby warned to exhibit the same, with the vouchers thereof, to the subscriber at or before the 29th day of January next, they may otherwise by law be excluded from all benefit of the said estate.
Given under my hand, this twenty-ninth day of July, 1805. T. H. GILLISS. July 31—3t
On a liberal credit.
THE subscriber will dispose of at private sale, his estate called Chichester, lying on the eastern branch, immediately on the city of Washington. This tract of land contains 697 acres is laid off in lots from 83 to 144 acres for the convenience of purchasers. Plats of the estate and the terms of sale are in the hands of colonel Hanson at the navy yard, and Charles Wayman of George Town. The lots will be shown by Mr. Wedden, living on the premises, near the Eastern Branch bridge.
ANTHONY ADDISON. Barnaby, 12th June 1805—tf
SULLIVAN'S LECTURES,
PROPOSALS By THOMAS B. WAIT & Co. FOR PRINTING, BY SUBSCRIPTION, AN HISTORICAL TREATISE ON THE FEUDAL LAW, AND THE CONSTITUTION AND LAWS OF ENGLAND; With a Commentary on Magna Charta, and Illustrations of many of the English Statutes. BY THE LATE FRANCIS STOUGHTON SULLIVAN, L. L. D. Royal Professor of Common Law in the University of Dublin. To which authorities are added, and a Discourse is prefixed, concerning the Laws and Government of England, BY GILBERT STUART, L. L. D.
THE Lectures of Professor Sullivan, delivered to the Students in the University of Dublin, are in very high repute among all Lawyers of eminence, and have been uniformly recommended as an elementary book to those young gentlemen who begin the study of Law with a view to render themselves respectable in the profession.  However obsolete the feudal policy may now seem to be, it having gradually disappeared as mankind grew more civilized and became better acquainted with their natural and inalienable rights and privileges; yet a research into the history of the government of jurisprudence of the nations of Europe, will satisfy any one, that many consequences of that system still exist and influence the opinions and decisions of the highest and most enlightened tribunals of justice. Every author who has undertaken to give a regular and systematic account of the rise and progress of modern nations, has felt himself obliged to resort to the history of feuds and feudal rights, as the fundamental principle from which all existing civil and political institutions have taken their rise; and every jurist who has employed himself in explaining the constitution and laws of his country, has gone to the same source for the correct materials of his essays and dissertations. Robertson, in his history of the Empire for Charles V. has with great beauty and perspicuity illustrated so much of the feudal policy as was necessary to enable the scientific reader to understand that valuable book; and Sir Wm. Blackstone has in the course of his commentaries, led the student to a contemplation of the ancient tenures, many of which depend upon the doctrine of feuds, as established in England by the Norman conqueror.  But in both those invaluable productions, the feudal policy was adverted to, only as incidental to the principal object of the authors, and therefore cannot be supposed to furnish so complete and satisfactory an account, as would be given by so distinguished a lawyer as professor Sullivan, who declares the great purpose of his lectures to be the full discussion of the subject, which was of necessity but partially considered by the other writers.
This work has become so scarce in this country, as to be seldom seen, even on the shelves of a practising lawyer; a fact to be accounted for only by the difficulty of obtaining the book: for it cannot well be supposed that any one of the profession, who has higher views than the mere pecuniary advantages of the practice, would willingly neglect an enquiry into those ancient institutions, upon which, notwithstanding the lapse of ages, most modern improvements are founded. But it is not to the profession alone, that this book may be considered useful. In this rising empire, where political knowledge to a certain degree is claimed by all, and actually possessed by many; a book which so lucidly and so perspicuously brings to view the laws, institutions, manners and customs of those nations from which our English ancestors descended, must be peculiarly useful, as it will enable young politicians to trace all our civil regulations to their source, and thus to account methodically and scientifically for many modern usages and practices, of which their knowledge is extremely superficial. In this book they will see how our ancestors struggled for the establishment of those privileges which artful monarchs and a proud nobility were continually attempting to destroy; and they will also learn that the persevering industry of the people, aided by the wealth which their skill and enterprise brought into the country, finally obtained a complete victory in the establishment of principles and customs, which, transplanted into America by our progenitors, terminated in those glorious constitutions which distinguish the people of America, for liberty and happiness, from every other people on the earth.
CONDITIONS.
The work shall be elegantly printed, in two octavo volumes, on five wove paper, with a new and beautiful type. It will be delivered to Subscribers, bound in calf, at Five Dollars; and in boards, at Four Dollars.—To non-subscribers the price will be enhanced. No money will be required till the delivery of the work. Those who subscribe for ten sets shall have one gratis. To booksellers the usual allowance will be made.
Portland, June 24—  The above work will be printed from a correct London Edition—The few copies of an Irish Edition now circulating in this country are considered by the first law characters as extremely incorrect, and not to be relied on as historical authority.
In Council, Annapolis, May 16, 1805.
ORDERED, That the act to provide for the trial of facts in the several counties of this state, and to alter, change and abolish, all such parts of the constitution and form of government as relate to the general court and court of appeals, be published twice in each week for the space of three months in the Maryland Gazette at Annapolis; the American, Telegraph and the Federal Gazette at Baltimore; the National Intelligencer; the Republican Advocate and Bartgis's paper at Frederick-Town; Greaves's paper at Hagerstown, and in Smith's and Cowan's paper at Balton.  By order, NINIAN PINKNEY, Clerk.
AN ACT To provide for the trial of facts in the several counties of this state, and to alter, change and abolish, all such parts of the constitution and forms of government as relate to the general court and court of appeals.
BE it enacted by the general assembly of Maryland, That this state shall be divided into six judicial districts in manner and form following to wit: St. Mary's, Charles and Prince George's counties, shall be the first district; Cecil, Kent, Queen Anne's and Talbot counties, shall be the second district; Calvert, Anne Arundel and Montgomery counties shall be the third district; Caroline, Dorchester, Somerset and Worcester counties, shall be the fourth district; Frederick, Washington and Allegany counties shall be the fifth district; Baltimore and Harford counties shall be the sixth district; and there shall be appointed, for each of the said judicial districts, three persons of integrity and found legal knowledge, residents of the state of Maryland, who shall previous to and during their acting as judges, reside in the district for which they shall respectively be appointed, one of whom shall be styled in the commission chief judge, and the other two associate judges, of the district for which they shall be appointed; and the chief judge, together with the two associate judges, shall compose the county courts in each respective district; and each judge shall hold his commission during good behavior, removeable for misbehavior on conviction in a court of law, or shall be removed by the governor, upon the address of the general assembly, provided that two thirds of all the members of each house concur in such address; and the county courts, so as aforesaid established, shall have, hold and exercise, in the several counties of this state, all and every the powers authorities and jurisdictions, which the county courts of this state now have, use and exercise, and which shall be hereafter prescribed by law; and the said county courts established by this act shall respectively hold their sessions in the several counties at such times and places as the legislature shall direct and appoint, and the salaries of the said judges shall not be diminished during the period of their continuance in office.
II. And be it enacted, That in any suit or action at law hereafter to be commenced or instituted in any county court of this state, the judges thereof, upon suggestion in writing by either of the parties thereto, supported by affidavit or other proper evidence, that a fair and impartial trial cannot be had in the county court of the county where such suit or action is depending, shall and may order and direct the record of their proceedings in such suit or action to be transmitted to the judges of any county court within the district for trial, and the judges of such county court, to whom the said record shall be transmitted, shall hear and determine the same in like manner as if such suit or action had been originally instituted therein; provided, nevertheless, that such suggestion shall be made as aforesaid before or during the term in which the issue or issues may be joined in the said suit or action; and provided also, that such further remedy may be provided by law, in the premises, as the legislature shall from time to time direct and enact.
III. And be it enacted, That if any party presented or indicted in any of the county courts of this state, shall suggest in writing to the court in which such prosecution is depending, that a fair and impartial trial cannot be had in such court, it shall and may be lawful for the said court to order and direct the record of their proceedings in the said prosecution to be transmitted to the judges of any adjoining county court for trial, and the judges of such county court shall hear and determine the same as if such prosecution had been originally instituted therein.
IV. And be it enacted, That if the attorney general, or the prosecutor for the state, shall suggest in writing to any county court, before whom an indictment is or may be depending, that the state cannot have a fair and impartial trial in such court, it shall and may be lawful for the said court, in their discretion, to order and direct the record of their proceedings in the said prosecution to be transmitted to the judges of any adjoining county court for trial, and the judges of such county court shall hear and determine the same as if such prosecution had been originally instituted therein.
V. And be it enacted, That there shall be a court of appeals, and the same shall be composed of the chief judges of the several judicial districts of the state, which said court of appeals shall hold, use and exercise, all and singular the powers, authorities and jurisdictions, heretofore held, used and exercised, by the court of appeals of this state, and also the appellate jurisdiction heretofore used and exercised by the general court; and the said court of appeals hereby established, shall sit on the western and eastern shores for transacting and determining the business of the respective shores, at such times and places as the future legislature of this state shall direct and appoint, and any three of the said judges of the court of appeals shall form a quorum to hear and decide in all cases pending in said court and the judge who has given a decision in any case in the county court, shall withdraw from the bench upon the deciding of the same case before the court of appeals; and the judges of the court of appeals may appoint the clerks of said court for the western and eastern shores respectively, who shall hold their appointments during good behavior, removeable only for misbehavior on conviction in a court of law; and in case of death, resignation, disqualification or removal out of the state, or from their respective shores, of either of the said clerks in the vacation of the said court, the governor, with the advice of the council, may appoint and commission a fit and proper person to such vacant office, to hold the same until the next meeting of the said court; and all laws passed after this act shall take effect, shall be recorded in the office of the court of appeals of the western shore.
VI. And be it enacted, That all and every part of the constitution and form of government which relates to the court of appeals and the general court, or the judges thereof, or that is in any manner repugnant to, or inconsistent with, the provisions of this act, be and the same is hereby repealed, abrogated and annulled upon the confirmation hereof; provided, that nothing herein contained shall be construed so as to authorize the removal of the clerks of the respective county courts being in commission at the time of the passing of this act, in any other mode or manner than that prescribed by the constitution and form of government.
VII. And be it enacted, That if this act shall be confirmed by the general assembly, after the next election of delegates, in the first session after such new election, as the constitution and form of government directs, that in such case this act, and the alterations and amendments of the constitution and form of government therein contained, shall be taken and considered, and shall constitute and be valid, as a part of the said constitution and form of government, to all intents and purposes, any thing in the said constitution and form of government to the contrary, notwithstanding.  May 31—2aw3m
STELLE'S HOTEL & CITY TAVERN.
THE Subscriber takes this method of thanking his friends and the public for their favors whilst on the Capitol Square and begs leave to acquaint them that having purchased and now occupying the tavern, late Tunnicliff's hotel; which he has commenced enlarging and improving—he respectfully solicits a continuance of the patronage of his friends and the public; assuring them that 'tis his full determination to fit up his present hotel, and so to conduct it, as to merit, he hopes, the preference of the public travelling, as well as those coming to the permanent seat of the Government of our Land of Liberty.  PONTIUS D. STELLE. Washington City, March 25—tf
Ten Dollars Reward.
WAS missed on Sunday, the 5th of May a double cased silver Watch, maker's name Crossbwaite, Dublin, and in the outer case was a watch paper with Mr. Parker's name of Philadelphia.—Whoever will bring the said watch to the office of the National Intelligencer, shall receive the above reward, and no questions will be asked.  May 12.—tf.
BOOT-MAKING.
JOHN MINCHIN, boot maker, from Philadelphia, respectfully acquaints his friends, former customers, and the public, that he has recommenced his business in all its various branches, at his established stand, where he will thankfully receive all orders in his line, which he will endeavor to execute with punctuality and satisfaction. He has on hand gentlemen's boots of all kinds, dress and strong shoes.—Wanted, a number of men to make strong shoes, and a few boot men—Also two apprentices to the above business.  New Jersey Avenue, July 17—cpft.
CHARLES H. VARDEN, MERCHANT TAILOR.
Has received from Philadelphia a handsome assortment of FALL goods, consisting of the best London and French superfine cloths, cassimeres, patent Bennet's cord, toilettene, fancy and white Marcellies, black and figured silk, moleskins, fancy silk, Marcellies, constitution cords, velvets, Genoa cord, silk and fatin Florenteens, superfine coating, knapped cloths, with a variety of other articles suitable for the winter season. N. B. Ladies habits, regimentals, and navy uniforms made in the first style of fashion. New Jersey avenue near the Capitol, December 10—tf
ADAM KING, & Co.
AT their wine Store in High street George Town, have in addition to their stock of old wines, laid in a large and general assortment of all kinds of Liquors and Groceries suitable to the present season; where bills of any description, in their line, will constantly be filled up on the shortest notice and they flatter themselves, from the quality of their wines, &c. they will be able to give general satisfaction to all those who may think proper to favor them with a call—where all kind of commission business as usual will be attended to with the utmost attention. George Town, November 5—tf
ELIAS B. CALDWELL, ATTORNEY AT LAW,
HAS removed his Office, to the house lately occupied by Mr. LAW, on Capitol Hill Washington, July 26—tf