The national intelligencer and Washington advertiser. (Washington City [D.C.]), 1805-08-07 00:00:00

NATIONAL INTELLIGENCER, AND WASHINGTON ADVERTISER.
VOL. V.
WASHINGTON CITY, PRINTED BY SAMUEL HARRISON SMITH, PENNSYLVANIA AVENUE.
NO. DCCLIII.
FIVE DOLLARS PER ANNUM.
WEDNESDAY, AUGUST 7, 1805.
PAID IN ADVANCE.
IMPEACHMENT OF JUDGE CHASE.
SATURDAY, FEBRUARY 23.
MR. MARTIN, concluded.
I now, Mr. President, shall proceed to the fifth and sixth articles of impeachment. These relate to the process issued against Callender, and to the time at which it was made returnable. By the fifth article my client is charged with having "awarded a capias against Callender by which he was arrested and committed to close custody, although it is provided by an act of Congress, passed the 24th day of September, in the year 1799, that for any crime or offence against the United States the offender may be arrested, imprisoned or bailed agreeably to the usual mode of process in the state where such offender may be found, and although it is provided by the laws of Virginia, that upon presentment by any grand jury of an offence not capital, the court shall order the clerk to issue a summons against the person or persons offending, to appear and answer at the next court."
The criminality alleged against my honorable client by this article as well as the sixth, consists in his violation of a law of the state of Virginia, by which it is supposed his conduct ought to have been regulated.
We find from the evidence in this cause, that the legal characters of that state, whether on the bench or at the bar, cannot agree among themselves as to what is the law of that state,—and that the practice has been and continues to be variant in various counties in Virginia. Nay, it is proved that two highly respectable legal characters who successively held the office of attorney general, (Col. Innes and Gen. Brooke,) were applied to by one of their deputies, and declared themselves incapable to decide what ought to be the practice, or in other words, to decide in which cases a summons ought to be issued and in what cases a capias was the proper process. Surely then Judge Chase, who was a stranger in Virginia, cannot be considered criminal nor even subject to reproach for not understanding a law of that state, the true construction of which remains even now a question, upon which the Virginia Judges and lawyers find it impossible to agree.
Upon these observations I think I might safely rest my client's defence, as to this charge—and even consent that he shall be convicted and removed from office, whenever they shall agree among themselves upon the construction of their law,—provided it should be against us.
But, sir, I must request to be indulged in an endeavor to investigate this subject which appears so intricate, and to try if I cannot throw such lights upon it as possibly may be serviceable to the gentlemen of the bar of that state, whose law is in question; and in this attempt I feel a confidence, that I shall be at least able to satisfy this honorable court, Judge Chase even if bound to conduct himself according to the laws of Virginia, which I utterly deny, and shall endeavor to disprove, acted not only free from criminality, but with the strictest propriety.
I shall lay down as a position, which will not be controverted, that in all personal actions, civil or criminal, instituted against individuals in Virginia as well as in Maryland, the process to bring them in to answer to the suits is, and hath always been a capias, or process to arrest the body,—except so far as by legislative acts of the respective states, the law hath in certain cases been altered, and other process directed.—And I mean to show that every case in Virginia, civil or criminal, and some there are of both, where a summons is the legal process, arises out of the legislative provisions, that is the acts of assembly of that state. And by examining the different acts, which have been passed upon this subject, we shall be able to ascertain, what are the cases, and the only cases, wherein a summons ought to be issued. I have, sir, before me the laws of Virginia antecedent to the American revolution; it is the edition printed at Williamsburgh, by Rind, Purdie and Dixon, in the year 1769. It appears, sir, that until the year seventeen hundred and forty eight, suits might be brought in the county court for any sum exceeding twenty five shillings current money, or two hundred pounds of tobacco; and actions of trover or detinue without regard to the value of the article converted or detained; in all such actions a capias ad respondendum was the first process issued, authorising the sheriff to take the body of the defendant into his custody, and have him before the court at the time when his writ was returnable—in that year a law was passed, cap. 4th—by the 26th sec. of which it is enacted, "that for the more speedy recovery of small debts, it shall
be lawful for the justices of any county court to hear and determine all suits brought for any debt or demand, due by judgment, obligation, or account for any sum or sums of money or tobacco of the value of twenty five shillings current money, or two hundred pounds of tobacco, and not exceeding five pounds of like money, or one thousand pounds of tobacco, by petition without the solemnity of a jury ; and where the demand shall not exceed the above mentioned sums, the plaintiff shall proceed by petition , and not otherwise ." After directing in what manner the claim is to be set forth in the petition —the same section directs that "upon filing such petition in the clerk's office, a summons of course shall be issued returnable to the next court (the courts were then held monthly) a copy of which, together with a copy of the petition , and accounts shall be delivered to the defendant, or left at his or her usual place of abode, ten days at least before the next succeeding court, and the same being returned executed by a sworn officer, or oath made of the due service thereof, if the defendant do not then appear, it shall be lawful for the said justice to hear and examine into the truth of the matter so complained of, and to determine the cause on the evidence produced, or to dismiss the petition as to them shall seem just. And if the defendant do appear, he shall forthwith put in such answer or plea thereto as will bring the matter of complaint in issue thereupon: or if he fails to plead, the court shall instantly proceed to hear and determine the cause in a summary way upon such evidence as shall be given, and shall give judgment according as the very right of the cause and matter in law shall appear unto them without regard to form or want of form, &c."
By the 22d sec. of the same law, it is enacted "that when any person entitled to an action of trover or detinue shall set forth the value of the thing demanded to be under the value of five pounds in a petition to any county court, a summons shall issue, and the same proceedings shall be had as in cases for the recovery of small debts." But for the recovery of any penalty for the breaches of the penal laws of the then colony, no change was made as to the mode of instituting the action.—The process of capias to arrest the offender, the right of trial by jury in such actions,—as to these subjects, the law was left as before: and yet actions of this nature were under the consideration of the legislature; for we find in sec. 23. of the same law, "that for the easier, speedier, and better advancement of justice in obtaining judgments in any such suit or action, where the penalty sued for shall not exceed five pounds, current money, or one thousand pounds of tobacco, if in such suit any demurrer shall be joined and entered therein, in any court of record within said dominion , the Judges shall proceed and give judgment according to the very right of the case, and as the matter of law shall appear to them, without regarding any imperfection, omission or defect, &c. except those only which the party demurring shall specially and particularly set down and express, together with his demurrer , as causes of the same notwithstanding, &c." And that if any verdict should be given in any such action or suit, in any court of record in said dominion , the judgment thereupon shall not be staid or reversed for or by reason of any default in the form or want of form, of any writ, &c. any law, statute or usage to the contrary notwithstanding."
And here, sir, it may perhaps be proper to observe, that in Virginia, at least before the revolution, the penalties inflicted for the breach of their penal laws , were commonly by the acts themselves directed in what mode to be recovered, which mode was almost universally directed to be "by information , bill, plaint , or action of debt , in any court of record within said dominion , wherein no escrow , protection, or wager of law , privilege or any more, than one impairance shall be allowed." [Mr. Martin turned to a variety of the penal laws to shew such were the provisions.] This honorable court will perceive that under these provisions, the penalties could not be recovered by presentment and indictment as hath frequently been determined; hence the usual suits or actions resorted to in the courts of Virginia, for the recovery of those penalties from the smallest to the greatest, were informations or actions of debts . And the twenty third section which I have just read relates to such informations or actions of debt , where the penalty should not exceed five pounds, and to those only applies such regulations as are thereby made, which however do not alter the form of action or the nature of the process to be issued, even in those cases, but leaves the law in those respects as it was before.
However, during the same session, in their legislative disquisitions, they thought proper to take away the trial by jury in proceedings by presentment , to recover penalties not exceeding five pounds,—to give the courts summary jurisdiction in those cases; and to take
away the process of a capias therein.—And hence having by the first section of chapter 7, (see page 188, laws of Virginia) enabled grand juries to present breaches of all penal laws of that then colony: by the second section it is thus enacted, "that when any offence or offences should be presented by a grand jury , and the penalty or forfeiture by law, inflicted thereon, shall not exceed five pounds current money, or one thousand pounds of tobacco, be it to the king and informer, or to the party and informer only, or appropriated to any other use whatever, such presentment need not be drawn up in other form than as the same stands presented by the grand jury , and thereupon the court shall order a summons forthwith to issue, to summons any person, so presented , to appear and answer such presentment at the next court, (as I have before observed, the courts were then held monthly) and shall not admit of any exception or pleading to the form or manner thereof, but shall proceed to trial, without the formality of a jury , and give judgment upon such presentment , according as the very right of the cause and matter in law shall appear to them; and if the party summoned fails to appear, the court may give judgment for the penalty."
Thus, sir, the law of Virginia remained until the revolution, and from this view it will appear that the only cases, where, in personal civil actions, the process was to be by summons , and not by capias , were where debts were claimed not exceeding five pounds, or one thousand pounds of tobacco, or property converted or detained not exceeding the same value, in all which cases the suit or action was to be instituted by petition and the court was to decide in a summary manner, without the intervention of a jury .
And that the only case, in criminal proceedings, where a summons was directed to issue, is where a presentment hath been made by a grand jury , for an offence, the penalty whereon shall not exceed five pounds current money, or one thousand pounds of tobacco, which presentment need not be drawn up in any other form; and on which presentment the court was to decide in a summary manner without the intervention of a jury .—This honorable court will also perceive, that the provision of this act directing summons to issue in the case I have stated can only apply to presentments made under the local, penal laws of Virginia, where the penalty is restrained to a sum not exceeding five pounds current money, or a thousand pounds of tobacco, and cannot extend to presentments for offences at common law , such as assaults, riots, libels, &c. since in all such cases the courts have a discretionary power to fine what sum they think reasonable, and therefore may fine beyond five pounds current money, or a thousand pounds of tobacco.—Nor doth the provision extend to any case even under the penal laws of Virginia, where the court may punish by imprisonment . Upon this examination of the subject, it appears that until the time of the American revolution, according to the laws of Virginia, a capias remained the proper process in all personal civil actions, except where the claim was for money or debts due not exceeding five pounds current money, or one thousand pounds of tobacco—or where, in detinue or trover , the plaintiff laid the value of the property not exceeding the aforesaid sum—and that in criminal cases a capias remained the proper process in all proceedings for offences at common law ;—and for all offences against the acts of the state of Virginia where the court may inflict a fine of more than five pounds current money, or which were punishable by imprisonment . Having thus shown what was the law on this subject at the time of the American revolution, I have, sir, to examine what changes and alterations have been made therein since that period.
The first law made since the revolution was passed in the year 1792, and is to be found in the edition of the Virginia laws, published by Augustine Davis, in the year 1794, page 96:—the 37th sec. increases the amount of the debt, which may be recovered by petition in the county, city or borough court, to a sum not exceeding twenty dollars, or eight hundred pounds of tobacco, directing process to be by summons and the mode of procedure for recovery of the same as for recovery of small debts before and at the time of the revolution.—The 38th sec. also increases the value of the property where in trover and detinue , petition may be filed and proceedings be had as before the revolution, to the sum of twenty dollars, or eight hundred pounds of tobacco.
In the same year an act was passed, to be found page 106, by the 6th sec. of which it is enacted, "that in a presentment to the county or corporation courts, if the penalty of the offence exceed not five dollars, or three hundred pounds of tobacco; or to the district court, if the penalty exceed not twenty dollars, or one thousand pounds of tobacco, no information thereupon shall be filed, but a summons shall thereupon be issued against the defendant to answer the said presentment , and such summons having been served upon him, or a copy thereof having been left at his usual place of abode, and if he doth not appear, judgment shall be given by the court against him for the penalty, and if he doth appear, the court shall in a summary way , without the intervention of a jury , hear and determine, &c." And by the 37th sec. of chapter 74, page 113, there is a general provision, that where no presentment may be made, yet where the penalty incurred by the breach of any penal law shall not exceed twenty dollars, or eight hundred pounds of tobacco, the same may be used for and recovered in the manner, directed by law for debts of like amount.
This clause was designed to prevent informations or actions of debt to be originally instituted for the recovery of penalties not exceeding that sum, where no presentments should be made, and to direct a procedure by petition in which also the process must be a summons , and the decision by the court in a summary manner .
One other provision, and one only, hath been made for issuing a summons , this is found in the twenty fourth section of the same act, and runs thus. "No information for a trespass or misdemeanor , shall be filed in any court, but by express order of the court entered on record, nor unless the party supposed to be culpable shall have failed to appear and show good cause to the contrary, having been required to do so by a summons , appointed a convenient time for that purpose, served upon him, or left at his usual place of abode."
These are the only acts of the Virginia legislature I find on this subject—I believe there are no others.—If there are any more, the honorable managers will be so obliging as to point them out; but presuming that they can produce no further provisions, what is the result of this investigation? That even at this time, the only instances in personal civil actions where summons is the proper process, are where the demand for money due—or on account of trover or detinue doth not exceed twenty dollars, or eight hundred pounds of tobacco, in which case the proceeding is to be by petition and the court determine in a summary manner without the intervention of jury .—And in criminal cases, or for recovery of penalties for the breach of their penal laws , the only cases where a summons is the regular process are where the actions are instituted by presentment of a grand jury , on which presentment no information is to be filed,—or without such presentment by petition , for the recovery of penalties not exceeding twenty dollars, or its correspondent value in tobacco; which cases can only arise under the acts of assembly of Virginia, and not where the offences are at common law nor in any case even under the laws of Virginia , where punishment may be by imprisonment —that the only additional instance, in which a summons is to be used in a criminal case, is where application is made for an information —and there it is directed in order that the party may have an opportunity to show cause why an information shall not be ordered against him; but even in this case, if the information is ordered, a capias is the process to bring the party to answer the charge contained in such information ,—as it remains to be in every other criminal prosecution or suit , except those which I have already particularly designated.
I will now, sir, turn to the law of the state of Virginia, with the violation of which we are charged; but first let me premise it is most erroneously stated in the article of impeachment, how this hath happened is not for me to say, but such is the fact, the article of impeachment sets forth, that "it is provided by the laws of Virginia , that upon presentment by any grand jury of an offence not capital, the court shall order the clerk to issue a summons against the person or persons offending to appear, &c." whereas in truth the words of the law are "upon presentment made by the grand jury of an offence not capital, the court shall order the clerk to issue
a summons or other proper process against the person or persons, &c." (See page 112, sec. 28, same edition, laws of Virginia.)
Thus then the very law points out that upon such presentments a summons is not in all cases a proper process, but that a summons is to issue or other proper process, according to the nature of the offences presented. That is, as I have already shown, a summons is to be issued where presentments are made for a violation of the penal laws of their state punishable by a fine of not more than twenty dollars, or its corresponding quantity of tobacco, nor by imprisonment ; but in all presentments for offences at common law , or for breaches of their penal laws punishable by fine beyond twenty dollars or by imprisonment , in such cases the clerk must issue a capias , that being the proper process. And upon these principles it has been determined in the circuit court of Columbia, sitting at Alexandria, acting under the laws of Virginia , that on presentments for assaults and battery , and other common law offences, a capias is the proper process to be issued; and this determination has been made while a gentleman of great legal knowledge, a native of Virginia, and who received his legal education in that state, (John Thompson Malon, Esq.) prosecuted in that court for the United States, upon whose application, I presume, the determination was made.
I will now examine the law of the United States, passed the 24th of September, 1789, entitled "An act to establish the judicial courts of the United States," section 33, "And be it further enacted, That for any crime or offence against the United States, the offender may by any justice or judge of the United States, or by any justice of the peace, or other magistrate of any of the United States, where he may be found, agreeably to the usual mode of process against such offenders in such state, and at the expense of the United States, be arrested , and imprisoned or bailed , as the case may be, for trial before such court of the United States, as by this act has cognizance of the offence: and copies of the process shall be returned, as speedily as may be, into the clerk's office of such court, together with the recognizances of the witnesses for their appearance to testify in the case , which recognizance the magistrate, before whom the examination shall be, may require on pain of imprisonment . And if such commitment of the offender, or of the witnesses shall be in a district other than that in which the offence is to be tried, it shall be the duty of the judge of that district where the delinquent is imprisoned, seasonably to issue, and of the marshal of the said district to execute a warrant for the removal of the offender and the witnesses or either of them, as the case may be, to the district into which the trial is to be had. And upon all arrests in criminal cases, bail shall be admitted, &c." This is the law of the United States mentioned in the fifth article as governing the question now before us, the basis on which this article is founded. The least examination will show that it provides only for the manner in which offenders shall be arrested under warrants issued by the judicial officers of the United States or of the different states upon complaint made to them, in order that such offender may be bailed or committed, and witnesses bound over to the approaching proper courts, that the offences may be enquired of by a grand jury ; and hath no relation to the manner in which process shall be issued by a court to bring in offenders to answer to presentments which are depending in the court.—And a similar provision for arrests in such cases is made by the acts of assembly of Virginia, in that state. [See the 17th sect. of chap. 67, page 93, same edition of Virginia laws.]
But that the aforesaid act of Congress can in no manner relate to or be regulated by any law of Virginia, directing a summons to be issued as the proper process, appears clearly from this, that the offender is to be arrested and imprisoned or bailed , according to the nature of his offence; but no person can be arrested on process of summons , or on such process be compelled to give bail, under pain of imprisonment . This can only be done when a capias , or a similar process, such as a magistrate's warrant , or the warrant of a court , called a bench warrant , is issued!—And here, sir, let me explain what is meant by a bench warrant . When a presentment is made by a grand jury against a person not imprisoned , nor recognised , process is issued to arrest the offender and bring him before the court then in session; as when an application is made to a judge or justice out of court, and oath made of an offence committed, it becomes the duty of such judge or justice to issue his warrant to take the offender into custody, and thereby secure his appearance at court to answer to any presentment which may be made against him; so when a

WASHINGTON CITY.
WEDNESDAY, AUGUST 7.
Proceedings of the Board of Trustees of the Permanent Institution for the education of Youth in the city of Washington, convened on the 5th instant at the Capitol.
A quorum of members, having assembled, proceeded by ballot to the choice of a President, when it appeared that THOMAS JEFFERSON was unanimously elected President of the board.
The President, not being present, Robert Brent was chosen chairman of the meeting; and Nicholas King was chosen Secretary pro tempore.
The credentials of the members being presented, it appeared that the following gentlemen compose the board.
Thomas Jefferson, Robert Brent, John Tayloe, Nicholas King, Gabriel Duvall, John Dempsey, Thomas Tingey, Thomas Munroe, William Brent, William Cranch, George Blagden, James Barry, Samuel H. Smith.
The committee, appointed to carry into operation the act of the council establishing the Institution, made a report of their proceedings, which was ordered to be entered on the minutes.
On motion of Mr. Smith a committee was appointed to frame rules of procedure for the board, composed of Messrs. Cranch, Smith and King.
Mr. Smith moved the appointment of a committee for the purpose of considering and reporting to the board the proper steps to be taken for carrying into operation the act of the council establishing the Institution, which was agreed to, and Messrs. Smith, Tingey, Cranch, Blagden and Duvall appointed the committee.
Resolved that at the next meeting the board proceed to the election of a treasurer.
On motion of Mr. Cranch, a committee, consisting of Messrs. Smith, Dempsey and Munroe, was appointed, for the purpose of defining the duties of, and security to be given by the treasurer.
Ordered that the foregoing proceedings be published for the information of the citizens.
When, on motion of Mr. Dempsey, the board adjourned to the first Monday in September next, to meet at the Capitol at 10 o'clock A. M.
N. KING, Sec'y pro tempore.
The yellow fever prevails in Providence, R. I. with great malignancy, and is said to be clearly traced to importation.
Bushrod Washington is elected a member of the American Philosophical Society.
On Saturday last a violent gale of wind, accompanied by lightning and a heavy fall of rain, did considerable mischief in this city and George Town. Several houses were unroofed, chimneys and walls thrown down, and trees rooted up. By the following article the gale seems to have been severely felt as far as Baltimore.
Baltimore, Aug. 5.
Early on Saturday afternoon, a thunder gust visited our city. One flash and its accompanying report, was the most severe we ever experienced. Its awful force seemed to shock all nature, and afforded a grand display of the power and majesty of HIM "who maketh the clouds his chariot—and who walketh on the wings of the wind." The stream of electric fluid seemed, by its effects on different and distant quarters, coextensive with our city; in this one explosion, it struck the Presbyterian meeting house, in East street; it also struck a house in Cumberland Row, and swept off one side of the firewall; the damage in both instances was but trifling. We likewise learn, a negro man was killed, who was working on a house, near Charles and Pratt streets. The body of vivid fluid seemed to fill the atmosphere, and its terrors operated so violently on a number of females, as to occasion some of them to faint away—indeed, in some instances, we have heard, it proved difficult to resuscitate them.
The following information respecting the perpetrator of the late robbery near Alexandria, is received in a letter from a magistrate of that city.
"I should have replied to your last sooner, but I have been occupied in endeavoring to ascertain the perpetrator of the daring robbery committed near this town on Tuesday last, of which, no doubt you are informed. We have a man confined on suspicion—Among other very strong circumstances, I will mention one, which I witnessed to day:—A small negro boy of about 11 years of age, belonging to Mr. C. Alexander, in the neighborhood of whose house Mr. Peter was shot, states that he was a witness to the scene, and very minutely described the person we have in confinement, as well in his person as his clothing, &c. together with the spot and the circumstances which took place at the time—all of which accords with Mr. Peter's account. And what adds further weight to his account, he gave this same information a few minutes after the act, to his master's (Mr. Alexander's) family.
master's (Mr. Alexander's) family. After hearing his statement, I put him into an apartment by himself, then collected 6 or eight persons whom he had not previously seen—among them was the suspected character; when all was in order, I brought in the boy, and requested him to look round the room, and see either of those men was the one who shot Mr. Peter. After looking around he went up to BURFORD (the name of the person in confinement) and said, that is the man who shot the gentleman." (Balt. Print.)
The ship Washington, arrived at New Bedford from Cadiz, brings information that General Moreau is not to leave Spain this season. He had engaged his passage in the Washington.
Stephen Arnold, the school master who was convicted of the murder of a little girl by whipping, and was sentenced to be executed at Cooperstown, Otsego county, on the 19th inst. has been respited by the governor of New York.
DIED.
At Salem, very suddenly, and much lamented, Mr. WILLIAM CARLTON, aged 33, printer and proprietor of the Salem Register. His manly, frank, and ingenuous deportment secured him the affection and esteem of all who had the pleasure of his acquaintance; and his industry and perseverance in the laborious task which he filled, will long be remembered with gratitude by the friends of liberty.
Schiller, the celebrated German writer of the history of the thirty years war, the Robbers, Wallenstein, Don Carlos, and many other theatrical pieces, departed this life on the 9th of May last, at Weimar.
From a London paper of June 1.
Sir Wm. Pultney, bart. died yesterday, at 2 o'clock, at his house in Piccadilly. He had been in a very dangerous state several days past, and underwent a surgical operation, which ended in a mortification, and occasioned his death. As a public man, no commoner understood the constitution of his country better, or more uniformly supported it by his conduct. He possessed a sound understanding, and his opinion was always received in the House with respectful attention. His language was plain and unadorned, but he always expressed himself with clearness and precision. In private life he was remarked principally for his frugal habits, which were perhaps the more striking as he had the reputation of great wealth. Sir William married within these two or three years, but has left no issue. By this death there is a vacancy in the representation for Shrewsbury.
DR. PALEY.
This very respectable Pillar of the church, and ornament of literature, closed his earthly career on Saturday last, at Sunderland, in the 62d year of his age. He was archdeacon of Carlisle, sub-dean of Lincoln and rector of Bishopwearmouth.
His works on religion and morals are much admired for learning, precision & elegance.
Frankfort, July 13.
A brig of one hundred and fifty tons burthen, and a schooner of one hundred and sixteen, are now building at Prestonville, at the mouth of the Kentucky river.—It is expected they will be ready to sail in November next.
Norfolk, July 30.
The Society of Agriculture and Arts at Paris has been lately occupied with the improvement of the Plough, and with much ceremony and compliment have decreed the offer of a Medal to our President for his valuable communications on this subject. The following is a translation from the Monitor of part of the proceedings of the Society.
"The Society takes honor to itself for decreeing the 2d medal to the illustrious Jefferson, President of the United States of America. It is interesting indeed to see the First Magistrate of a great republic, lending his talents and name to the humble instrument of labor—and it is a circumstance worthy of remark in the history of this age, and of the new world, that America having received the plough from Europe, returned the present perfected and complete. The Society cannot offer Mr. Jefferson a more expressive mark of their gratitude than by sending him a collection of the memoirs of this assembly, and an account of its proceedings—This homage indeed is the only one worthy of the friend of the plough—for an elevated mind, a generous heart, receives for the service it renders mankind its true recompence in the benefit itself."
Nors—Mr. Armstrong, Ambassador to his Imperial Majesty from the United States, was invited to attend the sitting, to receive the medal destined for the President, but his health did not permit him to appear.
BAHAMA ISLANDS.
By his excellency Charles Cameron, esq. captain general and governor in chief in and for the said islands, and of the garrisons there or that may be sent thither, chancellor, vice admiral and ordinary of the same.
PROCLAMATION.
Whereas the time limited for admission of provisions and lumber into the different ports of this colony, from the United States of America in foreign vessels, expired on the 7th day of July instant; and whereas it appears neces-
Chafe correctly acting,—for the district judge being absent when Callender was presented, we find my honorable client consulting with the district attorney, whose political principles certainly did not lead him to wish to oppress Callender,—and also with the clerk of the district court, who is himself a gentleman of legal knowledge, and a professor in one of the state courts in Virginia—and it was under their advice and with their approbation that the process was issued, of the nature used, and returnable in the manner we have seen.—In fine, sir, it is impossible for the judges of the supreme court to have even a general knowledge of the particular state laws and practices, and if in consequence of that want of knowledge they were to be subject to impeachment, you would not be able to prevail upon any respectable character to accept the appointment. But I do not apprehend, sir, that the honorable managers place much reliance at this time on these two articles. Nor do I believe the honorable House of Representatives would have either adopted them or any of the articles, which have been brought forward against judge Chafe, had the same evidence been before them which has been produced to this honorable court.
In saying this I do not mean in the slightest degree to censure that honorable body, they were acting as a grand inquest of the nation—they only had, and only could have before them ex parte evidence. On the evidence which they had before them, I shall not suggest but what there was sufficient foundation for bringing forward the charges:—But these charges have been patiently discussed—a mass of evidence hath been produced here, which they had not, and after this full investigation, the honorable members who impeached him, and who have regularly attended his trial, I doubt not, are perfectly satisfied that he ought to be acquitted, and will rejoice at that acquittal.
Before I conclude, let me add one other proof that the framers of the constitution never intended that juries should have any power to decide the law contrary to the instructions of the court, much less to decide upon the constitutionality of a law. By the 2d section of the 3d article of the constitution of the United States it is provided, that in all cases to which the judicial power applies, except cases affecting ambassadors, other public ministers and consuls, and those in which a state is a party, "the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as Congress shall make."
Thus therefore it is in the power of Congress to authorise, in all such cases, an appeal to the supreme court even as to the fact from the verdict of a jury, and empower the supreme court to control the jury if they appear to have erred. And such was the intention of the framers of the constitution.
They assumed as a principle, that the interests of the state governments and of the general government would often be at variance, that laws passed by the United States, the most wise and salutary, might be very obnoxious to and unpopular in some of the states—judges holding their commissions under the respective states, that is, the state judges, the framers of the constitution would not therefore entrust with the execution of the laws of the United States. They also considered that as far as juries were introduced, the jurors would be citizens of the respective states wherein the trials should be had—that they would in consequence probably partake of the interests, the prejudices and the passions prevailing in the state, and therefore might decide contrary to the direction of the judges appointed by the United States, and thereby prevent the due execution of their laws. To obviate this, the constitution has a provision for an appeal to the supreme court even from the verdict of such a jury.—Judge then whether the framers of the constitution ever contemplated giving power to counsel to argue to jurors against the opinions of their judges—or juries to decide against such opinions!
I have now only to return to this honorable court my sincere thanks for the patient attention with which they have indulged me on this occasion, and to express to you, Mr. President, the high sense I have of the impartiality, politeness and dignity with which you have presided during this trial.
Twenty Dollars Reward
STRAYED or stolen from the subscriber on the night of the 4th instant, two BAY HORSES, one a large bay six years old, one of his eyes appears to be injured, his tail bobbed very short, shod all round; the other an old horse, with two white hind feet, several white saddle spots, has a switch tail, which has been lately cut at the ends; the first accustomed to the carriage, trots & paces, the second made use of as a road horse, trots easy, but paces badly, very lately shod all round. As I am satisfied they have been stolen, I will double the reward, on conviction of the thief or thieves, and on getting the horses. DANIEL CARROLL of Dud'n. July 12.—F & W m.
duty so to do, unless there was some good cause to justify the delay. When a presentment is made, there is such evidence that a crime has been committed, as to authorise the court, nay to make it their duty (as I have before observed) to issue process to arrest the criminal to prevent his escape from justice; our laws are not founded on the principle that the offender may have an opportunity to escape and elude justice; and hence it is that a grand jury is sworn to secrecy as to their deliberations, lest those offenders against whom enquiries are making, getting information of that fact may run off before they can be secured. And when the criminal is arrested and brought into court, it is the duty of the court both as to the criminal and the public to have the cause decided as soon as can be consistent with justice. And now let me turn to the 34th section of the judiciary law of the United States which is introduced in this article and on which reliance is placed by that honorable house which hath prepared these articles—it is as follows: "That the laws of the several states, except where the constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply." I shall not, sir, enter here into a discussion whether a prosecution for the violation of a penal law of the United States can be with propriety within the meaning of this act, called a proceeding at common law. Nor shall I, sir, rely as I might do upon the observation that they are only to be regarded in cases where they apply," and that it is the court and the court only who are to determine in what cases they do apply; in doing which they are only required to exercise impartially their legal discretion; but I shall ask whether this law in any manner relates to the process to be issued to bring into court the party to the suit antecedent to the trial, to compel him to appear in order that a trial may be had? I presume not. The provisions for that purpose are to be found in the 14th section of the law of September 24th, 1789—and in the 7th section of the law of March 2d, 1793, which I have already cited, and which regulate not only the issuing but the returning of process to bring the party into court, to answer to the charge whether civil or criminal. According to my judgment, sir, the law in question means, only to declare that the rules and decisions of the state courts in any questions as to the right of the parties, shall be respected and attended to in similar questions, which may come into controversy in the courts of the United States, in their respective districts or circuits, as far as they shall be thought to apply, in cases at common law. That is if two cases exactly similar are in litigation, as to civil rights, the one in the state court, the other in the district or circuit court held in the same state, there ought to be in each case the same decision; and that where the law in the case had been settled by antecedent state decisions, the judges of the United States should respect those decisions. And also that when the courts of the United States try a cause in any district or any circuit, the rights of the parties are to be decided according to the laws of the states under which rights were acquired, as settled by the legal decision of the state courts, where decisions have been had.—To exemplify my ideas, if the courts of the United States have on any occasion to determine, either immediately or incidentally, a right arising under a devise of lands in Maryland, they must determine the devise void, unless the will was attested by three witnesses. But if the devise was of lands in Virginia, the courts would be obliged to determine the devise good, although attested in a different manner. So also the obligation contracted by the execution of a promissory note is different if executed in Virginia, from what it is, if executed in Maryland.—Upon actions therefore which may be instituted in the courts of the United States in such cases, these courts ought to consider what are the rights of the parties according to the laws of the state where the transactions took place—and where there have been decisions of the state courts upon the subject matter, or any decisions, which may be considered as having a bearing on the question, the United States' courts are to regard such decisions as far as they think they are applicable.
Thus, sir, I flatter myself, that I have upon the fifth and sixth articles shown, that there was no law of Virginia by which the conduct of the judge was to be regulated,—and that even if the laws of that state had been operative, they have not been, according to their true construction, in any degree violated.
But surely it can never be seriously contended, that where a gentleman is appointed a judge of the United States, he is thereby expected to become perfectly acquainted with all the local laws, usages & decisions of every separate state in the union—no such judge by any possibility can be had—however great the legal knowledge of any gentleman, it has been generally confined to the laws, to the practice, the judicial proceedings of his own state, and to the common law, as there used and introduced. From the perfect conviction of this truth, the district judge is appointed an inhabitant of the state which composes the district—he is supposed to know the particular laws, usages and decisions of his state—It is to him, or the district attorney in his absence, the judge of the supreme court, when he goes to hold the circuit court, is expected to apply for information, as to what relates to these subjects—and thus we find judge
presentment is made by a grand jury of any offence, that presentment being made by the oath of not less than twelve of the grand jurors, founded also on the oath of witnesses, it authorises the court upon this proof, that an offence has been committed, to issue the process commanding the sheriff to arrest the offender presented, and bring him before them, to be tried or committed according to the nature of the crime with which he is charged. This process is what in Maryland is called a bench warrant. It differs from the warrant issued by a judge or justice in as much as this last is directed to a constable, the other to a sheriff.—It differs from the common capias only in this, that the bench warrant is made returnable immediately, that is, during the session of the court, whereas what is commonly called a capias is returnable to the succeeding term. And in Maryland it is the constant practice of our courts, whenever presentments are made against persons not in confinement nor under recognizance, to issue such process in all cases, from the highest to the lowest offences, in order to secure the persons presented.
I have said, sir, that the law relied on by the House of Representatives in support of this article, doth not relate to process issued on presentments made in the courts of the United States; and as a further proof of this, I now refer this honorable court to the fourteenth section of the same law, where it is enacted, "That all the before mentioned courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law." By this provision a power is given to the courts of the United States to issue such process as in their discretion they shall think best, so that it be consistent with the general principles and usages of law. And the act of the United States, entitled "An act in addition to an act to establish the federal courts of the United States, passed on the 2d March, 1793," in its seventh section has the following provision, to wit, "that it shall be lawful for the several courts of the United States, from time to time, as occasion may require, to make rules and orders for their respective courts directing the return of their writs and processes, the filing of declarations and other pleadings, the taking of rules, the entering and making up judgment or default, and other matters in the vacation and otherwise, in a manner not repugnant to the laws of the United States, to regulate the practice of the said courts respectively, as shall be fit and necessary for the advancement of justice, and especially to that end to prevent delays in proceedings." This act gives the courts of the United States full power to regulate the return of process as to time and every thing else—the former law gave them the power of issuing such process as in their judgment and discretion they should think most proper—on these subjects then they are uncontrolled, unrestrained by the laws or the practice of any state, or state courts. The courts of the United States having this power, can only exercise it as the case comes before them, they then determine what is right and proper, and that becomes a precedent in similar cases, and thus it was the court acted in the case of Callender, as to the process issued and the time of its return, and was perfectly justified by the laws of the United States in so acting.
The sixth article alleges that by the laws of Virginia it is provided, that in cases not capital the offender shall not be held to answer any presentment of a grand jury until the court next succeeding that during which such presentment shall be made, and yet that my honorable client with intent to oppress and procure the conviction of Callender, did at the said court at which he was presented, rule and adjudge him to trial, during the term at which he, Callender, was presented and indicted, and this, notwithstanding the provisions of the thirty-fourth section of the aforesaid law of the United States, mentioned in the fifth article, which provides "that the laws of the several states, except where the constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as the rules of decision in trials at common law in the courts of the United States where they apply."
In answer to this charge, sir, permit me to state there is no law of Virginia that declares the offender, presented for an offence not capital, shall not be tried until the succeeding term; it is only an inference, which that honorable body, who formed the articles of impeachment, have made from the supposition that in all such cases a summons only could be issued, returnable to the succeeding term, and in consequence that the offender could not be compelled to go to trial before the succeeding term.
But, sir, I have already shown that summons was not the proper process in Callender's case; that the laws of Virginia were not in the least degree operative on either the process to be issued, nor the time or the manner of its return, but that the one and the other was solely in the power of the court, vested in them by the laws of the United States, unrestrained by any law of the state of Virginia. Thus then the premises falling from which the inference was drawn, the inference of course must be rejected. Thus then the court being unrestrained by any law of Virginia, or by any inference drawn therefrom, not only had a right to try Callender the same term he was indicted, but were bound in

sary and expedient that the admission of such provisions and lumber from the said United States in foreign vessels as aforesaid, should be allowed for three months; I have therefore thought fit, by and with the advice of his majesty's hon. Council of these islands, to issue this my proclamation, permitting and allowing the importation of corn, all sorts of grain, pulse, flour, bread, rice, and every species of salted provisions, cattle and live stock of all kinds, and all sorts of lumber, into the ports of Nassau, Exuma, Turks-Island, St. George, and Crooked Island, as well in neutral as British vessels, for and during the space of three months, to be computed from the date hereof. And I do hereby give notice that if any other articles except those particularly above enumerated are attempted to be introduced from the United States of America, in American bottoms, measures will be taken for the forfeiture of the ship or vessel importing the same, and of the goods so imported, in contravention of the laws of Navigation.
Given under my hand and the seal of the said Islands, at Nassau, in the island of New-Providencia this 9th day of July, in the year of our Lord one thousand eight hundred and five, and in the forty fifth year of his majesty's reign.
CHARLES CAMERON. Morn. Chron.
The Corporation of the city of New-York have offered a premium of five hundred dollars for the first quantity of good Pit Coal (not less than ten chaldrons) which shall be brought to the city from any pit or mine in the state within ten miles of the sea shore, or any part of Hudson's River below the town of Watervliet in the county of Saratoga.
The following is a letter from the agent of the public stores at Detroit, to Governor Harrison.
Detroit, June 14, 1805.
SIR, I have the painful task to inform you of the entire conflagration of the town of Detroit, about ten o'clock on Tuesday last a stable immediately opposite the factory was discovered on fire—the first intimation I had of it, was the flames bursting through the doors and windows of the house; I immediately gave the alarm, and with great exertion saved my papers, and about two thirds of the goods of the factory, my private property was entirely consumed. In less than two hours the whole town was in flames, and before three o'clock not a vestage of a house (except the chimneys) visible within the limits of Detroit. The citadel and military stores were entirely consumed, and the furniture belonging to the estate of Col. Hamtramck, shared nearly the same fate, the China is the only thing I can mention to be the contrary.
I have removed the factory goods to the ship yard, and am now fixing a place to arrange them for disposal, agreeable to the original intention of the establishment, and I will speedily forward a statement of the loss that has been sustained. The situation of the inhabitants is deplorable beyond description; dependant want and misery is the situation of the former inhabitants of the town of Detroit.—Provisions are furnished by contributions, but houses cannot be obtained.
Mr. Rodemead lives in a corner of the public store house, at the ship yard; Mr. Donavan with his family have gone to Sandwich, and Mr. Oudrain with many others, occupy the small house below Mr. Mays, a number of families are scattered over the commons without any protection or shelter.
I have been very much bruised and hurt by my exertion to save the property, my right arm particularly is so much swelled that I can hardly hold the pen to write these few lines, and my mind is equally affected with the distressing scenes I have witnessed for the last three days.
I am sir, Your obd't ser't. ROBERT MUNRO.
In addition to the above we have received the following:
The distress and confusion we have experienced, for these two days past has deranged every species of business. The town of Detroit exists no longer. It was reduced to ashes on the 11th inst. the fire broke out in a stable in the western part of the town about half past 9 in the morning, and raged to that degree, that not one dwelling house was standing within the pickets, by one o'clock P. M. notwithstanding the wind was light and blew from the west, and Mr. McIntosh and May's house, &c. was to the windward, yet they could not be saved, the loss is immense and I fear from the want of resources, irreparable. I am among the few who for our situation, were able to save our movable effects. No lives were lost—I believe history does not furnish so complete a ruin, happening by accident, and in so short a space of time. All in amazement and confusion. What measures will be finally pursued is not yet determined.
From the Alexandria Repository.
We believe it is generally known, that the state of Connecticut was possessed of lands in western America, under the
charter granted to that (then) province by Charles 2d. That during the revolutionary war, many of her citizens were severe sufferers by the cruel and destructive policy of the British, who, not satisfied with the common calamities incident to that unnatural and ferocious state of society, burnt New London, and many other towns. With an honorable policy, a policy which ought more generally to have been followed, she had the injury done to her citizens estimated, which amounted to 500,000 dollars, and applied that number of acres of land to their relief, that is to say one acre of land situate principally to the east of the Sandusky Bay was given to each citizen, for every dollar it was estimated he had destroyed by the mercenary armies of Britain. Further, we believe it is also well known, that after the peace she sold a tract of country east of this grant, and extending from it to the United States lands in the now county of Columbiana, in the state of Ohio, to a company well known as the Connecticut land company, for we believe 1,200,000 dollars. Nor is it forgotten that this money produced a schism in that state, one party wishing to divide the whole of the interest arising from this capital, among the reverend the clergy of the state, the other perhaps believing that the servants of the people in every capacity should alone be paid by those who employ them; perhaps actuated by a state pride, which we cannot but praise, and viewing the comparative size, and relative importance of Connecticut, saw no other means of raising the consequence thereof, and making her influence felt in the union, than by bringing forward all the energies of her citizens, hence they contended that the interest should be applied for the establishment of schools, so that every child in the state should be entitled to five years schooling as a matter of right. This question agitated Connecticut for about we believe seven years, when owing more especially to the exertions of one man, it was carried in favor of the schools. But although the money was paid, the Indian title was not taken off either of the land sold the company, or given to the sufferers by British depredations. In 1794, by Wayne's treaty, the Indian title was ceded to the United States, to all that part of the county of Trumbull, which is to the east of the Cayahoga, consisting now of 125 townships, of five miles square each. This produced a contending claim between the United States and the holders under the state of Connecticut, which was not settled until 1800, when the state of Connecticut ceded to the United States all her lands west of the Pennsylvania line, and the United States confirmed to the purchasers and sufferers the land originally belonging to the state of Connecticut. The county of Trumbull then commenced settlement, happy in a mild and benignant climate, happy in waters filled with innumerable fish, particularly Muscalunga, the White Fish and the Pickerel (which however does not resemble the European Pike.) Happy in as rich a soil as man would wish to cultivate, it is not to be wondered at that a rapid population should cover this beautiful country.—It is perhaps a phenomenon unknown before in statistical history, that the county of Trumbull, which at the end of the last century did not contain a single white inhabitant, should at the commencement of this year, have upwards of 11,000 white inhabitants, that in the course of the last year there were 294 families emigrated into it, exclusive of those who went to live in two townships, from which no returns were received. In Trumbull there are now 22 Free Schools, 7 circulating libraries—24 saw mills, 17 grist mills, and 13,000 dollars subscribed for the establishment of a college—but although this country was cleared of the Indian title that to the west of the Cayahoga was not, many valuable citizens were rendered thereby incapable of improving their property, and the sufferers under British profligacy, continued in fact unrequited—in order to bring this property into play, a treaty was to have been held this year at Cleveland, on the Cayahoga, it was however removed to the Miami of the Lake, and happily concluded after having been opposed by the British agents, by every means of chicanery, artifice and corruption in their power. The lands thus acquired to the United States are infinitely valuable—when the Indians formerly came to trade with our citizens, the English agents would fix on the Indian lands, and smuggle so many goods as to injure the revenues of this country, not less than 70,000 dollars annually. It was also desirable to get possession now, as the Indians are every day appreciating more and more their lands, and in some parts we are informed they charge a citizen of the United States a dollar for crossing a ferry.—The country ceded is from the mouth of the Cayahoga, until you get westward 120 miles from the western line of Pennsylvania, and from the cession granted to the United States in 1794, by the Indians, north of 42 degrees 2 minutes, including the bay of Sandusky, and most of the islands on Lake Erie, the cession in favor of the United States is about 1,200,000 acres for which they agree to pay 825 dollars per annum for ever, the cession to the proprietors of the Connecticut grants is from 1,400,000 to 1,500,000 acres, for which they give 4,000 dollars in cash, deposit with the President of the United States, for the benefit of the Indians, 2,918,67 dollars, and annually pay them for six succeeding years 2,000 dollars per annum. Thus has this treaty been concluded, which restores to the old suffering warrior, at least a portion of his property, and when we consider the number interested, and who have for years been looking forward to settle in this country, there can be no hesitation in believing that it
will be as speedily settled as any country ever was, thereby adding to the consequence of the state of Ohio, and the republican interest of the western states, on which so much of the happiness of our common country depends. Two years at least however must elapse before the country can be surveyed, laid into townships and settlements commenced.
The following Law Intelligence, from a London paper, shows with what severity those electors are punished who have been discovered polling fictitious votes.
COURT OF KING'S BENCH, MAY 25. MIDDLESEX ELECTION.
Three of the persons indicted for polling fictitious votes for Sir Francis Burdett, at the late Middlesex election, were on Saturday brought up for judgment, which was pronounced by Mr. Justice Grose in the following manner:
THOMAS PRICE otherwise JOHN WRIGHT, you are to receive the sentence of this court, convicted by a jury of your country on an indictment, which charges that you claimed to be admitted to poll for one of the Representatives to serve in the present Parliament for the county of Middlesex; and that for the purpose of perverting the due and legal course of election, and to cause and procure Sir Francis Burdett, to be wrongfully elected one of the Knights of the county of Middlesex, you falsely wickedly, and corruptly swore that you were a freeholder of that county, and that your freehold consisted of a house in the occupation of yourself, situated at No. 8. Bell court, Gray's Inn lane, and that the place of your abode was at No. 8. Bell court, Gray's Inn lane. Upon that indictment you have been tried and convicted on evidence, which, I believe leaves no doubt in the mind of any one person who has heard it, or has read the trial, that you were guilty of the foul crime of perjury. When we recollect the popular confusion at the election of a representative of a large and populous county, by the arts of some affecting to be freeholders, having no freehold, and others voting in the names of persons who have already voted, and others attempting to vote a second time, by such frauds violating the rights of the freeholders, delaying the election, and possibly procuring a false and injurious return, we do not wonder the legislature, feeling the pernicious consequences of such delays and inconveniences, should, by a very wise law, have framed an oath, which it is in the power of the candidates to compel every Elector to take, that every such person has a freehold, & to specify the nature of it, & the names of the possessors of it. To you claiming to exercise the rights of a freeholder, for the wise purposes of the statute, this oath was administered, and by you taken; by which it appears that you, under the assumed name of John Wright, swore you were a freeholder of the county of Middlesex, and that your freehold consisted of a house in the occupation of yourself, at No. 8. Bell court, Gray's inn lane, and by the evidence, it equally clearly appears, you had not any such freehold nor any other; and that by the oath you took, you committed a foul and corrupt perjury. I use these words, because by the evidence it appears, what was done by you was done in consequence of a great and extensive system, to procure those who were wicked enough to yield to the temptation for money, to go either in their own names, or in the names of others, to swear they were seized of freeholds that did not belong to them, and, if possible, to procure the return of the candidate. That this was so proved by one witness, who swore that you said you had done the trick for Sir Francis Burdett, and that you would go and do it again; and by another, who says, that after you received eighteen shillings you grumbled at having so little; and the reason of your grumbling is explained in a former part of the evidence, from which it appears, that when you mentioned it to a man of the name of Taylor, he said he did not care how often you voted, you should have a pound note every time. The guilt of him who authorises the bribe, of him who gives it, and of him who receives it, is in most cases, nearly equal; and this your offence as laid in the indictment, is completely proved , the law broken, and the object of the legislature to secure the rights of the freeholders, wholly defeated. The aggravation of your offence is great, because you committed it in combination with others and for a bribe; and if you had been entitled to vote, it would have been equally illegal and corrupt. By whom this system of perjury and bribery was invented, does not appear, although the names of some are mentioned, who seem to have taken an active part in carrying it into execution. But whoever invented it, it is a system planned to infringe the rights of the legal electors, in contamination of the purity required by the law, and in violation of the constitution. Those alone should vote for the election of knights of the Shire, who have attained the age of twenty one years, who have been in possession of the rents and profits of their freeholds for twelve calendar months, and who are not corrupted by bribes. Those who are rich, and have been able to encourage, and have encouraged so baneful a system, by cor-
rupting the young, the ignorant, and distressed, whose wants were not able to withstand the temptation, have much to answer for. How much of our rights and liberties, and how much our reputation does depend on the due observance of an oath? The mind starts with horror at the daily repeated neglect of that observance, and laments that this act of the legislature should have been so frustrated. For this evil the legislature in their wisdom, have prescribed the punishment, and it is our duty on this occasion, to follow it up, in order to prevent the commission of similar offences in future; and therefore this court, for this offence which you have committed, doth order and adjudge, that you be imprisoned in his majesty's goal of Newgate, for the space of one calendar month; and at the expiration of that time that you be transported to such place or places beyond the seas, as his majesty, with the advice of his privy council, shall think fit to direct and appoint, for the term of seven years.
A similar sentence was pronounced on the other prisoners.
MILAN, MAY 12, Many persons think that Bonaparte is much dissatisfied with the emperor of Germany, and with the king of Naples, and that the French troops collected in the country are not merely for a show. According to the best information 25,000 Frenchmen are encamped near Marengo, under Lasnes, 32,000 occupy Lombardy and Mantua, under Jourdan. Menou commands 12,000 in Piedmont; and St. Cyr 16,000 in the kingdom of Naples. Round the coast of Genoa and Tuscany, and in the papal territory are quartered 20,000 men; and the regular Italian troops amount to 15,000. On the other hand, Austria, has a cordon of troops in Tyrol, and in the cidevant Venetian states, supposed to amount to 60,000 men, daily augmented by the arrivals of new corps from the hereditary states; and the Russian and English forces in the Mediterranean are calculated upwards of 20,000 men. The vicinity of so many and numerous armies cause alarms and speculation not favorable to the desires of wishers for peace, though the general opinion is, that this year will pass over before any blows are struck on the continent.
Gottenburg, May 27. I have heard to day from good authority, that the court of Petersburg have at length entirely broken with France, and that war is determined upon in conjunction with England and Sweden. It is generally believed that the two countries who go by the packet, which is now ready to sail, carry with them the treaty between England and Russia, in which this country is included. A Russian fleet is expected to pass this place very soon, and a Russian army to be employed in Pomerania.
Extract of a letter from a mercantile house in Jamaica, to its correspondent in Norfolk, dated Kingston, July 13, 1805.
"We enclose you this day's Royal Gazette, wherein you will observe the strong representation again made to the governor by the assembly, for opening the ports to the American vessels as formerly, and his answer refusing—the fact in his orders from England are positive not to open them, and not inconsequence of some few people here applying to keep them shut against salted provisions."
KINGSTON, (Jam.) July 13. On Tuesday the hon. house of assembly laid before his honor the lieutenant governor their representation of the miserable situation to which this island is likely to be reduced, by a perseverance in the measures lately adopted by the command of his majesty's ministers, for the prevention of a supply of salted provisions from the United States of America, to which he made the following reply:
"MR. SPEAKER, And Gen. men of the Assembly. "In consequence of the measures which were taken during the late martial law, for the security of Jamaica, all neutral vessels have been, by my directions, admitted to an entry at the several custom houses in the island, although they may have contained salted provisions prohibited by my proclamation of the 20th May last. The arrival of the Cork fleet which is daily expected, will I trust, tend essentially to quiet the apprehensions you entertain of a scarcity of those articles, so necessary for the support of the poorer classes of the inhabitants of the island, as well as to correct the vegetable diet of the negroes."
District of Columbia, County of Washington, to wit.
UPON the Petition of JOHN DETERLY an insolvent debtor confined in jail, in the county of Washington, in the district aforesaid, praying relief under the act of Congress entitled "An act for the relief of insolvent debtors within the district of Columbia" It is ordered that notice of his application be given to his creditors, and that on the 14th day of August inst. at 9 o'clock, A. M. at the court room in the Capitol the oath of an insolvent debtor, will be administered to the said John Deterly and a trustee appointed agreeably to the said act, unless sufficient cause then and there be shown to the contrary.
It is ordered that this notice be published in the National Intelligencer, and Washington Federalist twice prior to that time.
By order of the hon. Wm. Cranch, assistant judge of the circuit court.
WM. BRENT, Clk. August 7 —at
Runaway Negro.
WAS committed to the jail of Frederick county, as a runaway, on the 25th day of last June, a negro man who says his name is BEN JOHNSON, he is about 30 years old; is 6 feet 1 inch high, and has a scar above his left eye—His clothes are 1 check and 2 linen shirts; one red calimere and one striped jacket; one pair of blue, one pair of nankkeen, and one pair of osnburg overalls; two pair of stockings, one brown cloth coat, two round-about jackets with sleeves, and one fur hat. His owner is desired to release him, or he will be sold for his jail fees agreeably to law.
GEORGE CREAGER, Sheriff of Frederick county. August 7—w8t
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 from containing 697 acres is laid off in lots from 83 to 144 acres for the convenience of purchasers. Plats of the estate and the terms of sale are in the hands of colonel Manion 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
TO BE SOLD, AT PUBLIC VENDUE,
At Gadsby's Hotel, in Alexandria, on Monday the 16th day of September, at 12 o'clock at noon.
ALL that TRACT OF LAND 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 Orchard and Garden contain a variety of valuable fruit trees, and the waters abound with excellent fish and oysters. It is situated about a day's sail from Baltimore Alexandria and Norfolk. There are two good mill seats for grist and saw mills on the estate, and plenty of cedar and chesnut timber, for which an excellent market may be found at the city of Washington."
The terms of sale are—one fourth cash, 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—cp Sep. 16
Lands for Sale.
PURSUANT to an order of the court of Calvert county—the subscribers will sell at public auction at the house of Mr. James Duke, at Prince Frederick Town in the county aforesaid on the 29th day of August, if fair, if not the next fair day—All the real estate of captain Walter Smith late of said county deceased, consisting of the following tracts of land.
The tract on which the said captain Smith resided, containing 1225 1-3 acres lying on the river Patuxent, bounded on the west by said river, and on the south and east by a fine navigable creek called St. Leonards, so that a short fence will enclose the whole land—the soil of this tract is equal to any on Patuxent either for farming, planting, or grazing; and in their season a great abundance of fine fish and oysters may be had either from the river or creek.
One other tracts of land in the Forest, about two miles from the former, containing 627 1-2 acres. The greater part of which is covered with hickory, chestnut, and oak wood, and a great proportion of swamp land, which at a trifling expense might be converted into valuable meadow.
One other tract of 536 1-2 acres lying on Chesapeake Bay, bounded on the east by said bay and on the north by a creek called Parker's creek; on this tract there is a very fine salt marsh, a quantity of fine meadow land, and abundance of timber.
It is thought needless to give a fuller description of those lands, as it is presumed no one will purchase without first viewing them. And on application to Mr. John Turner who lives adjoining the first mentioned tract he will show the different tracts as well as the plats of the same.
These different tracts will be sold in a body or divided into lots, as may suit those who wish to purchase: The purchasers to give bond on interest with approved security for the purchase money to be paid in three equal annual payments the whole interest to be paid yearly. And on the ratification of the sale by the court and a full payment of the purchase money, a deed of conveyance will be executed to the purchasers agreeable to an act of assembly in such case made and provided.
JO. WILKINSON, JOHN TURNER, JAMES HIGGIE. } Commissioners. July 31—wts
RAGS.
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—w

1500 DOLLARS REWARD.
HIGHWAY ROBBERY.
Y ESTERDAY 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 to Eighteen Thousand One hundred and Fourteen Dollars and sixty-five Cents, made up in several packages, among which were,
 1 p't 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 Biddle by him endorsed to Washington Bowie, dated 6 July, 1803 No 117 149 65 
A check of the Union Bank, on the Bank of Alexandria drawn by R. Higginbotham, cashier, in favor of Greenham and Deversu, by them endorsed and by Benj. Stoddert, and C. Smith, Veller.
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 pantaloons, 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 they 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.
H AVING 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
Fifty Dollars Reward.
R ANAWAY on the 9th inst. from the subscriber's farm near Frederick Town, (Maryland) a dark mulatto fellow named
MOSES,
But commonly called LANNAM , He was raised near Piscataway and sold by a Mr. Burrets to the late James Marshall, deceased, of Frederick county. Lannam 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 & trowsers, a blue cloth coat with a black silk velvet cape bound with silk serretting, a black fur hat nearly new, a pair of shoes nearly new, an old drab surcoat coat, with sundry other clothing not recollected; he has a scar under one of his eyes but it is not recollected which, somewhat hird of hearing and round shoulder'd. 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 Lannam 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 if 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.
T WO valuable and contiguous TRACTS of LAND in the state of Kentucky, the one containing 6280 acres, and the other 6252 acres, by late re-survey. They are under old and indispensible titles of more than twenty years, and situated in a populous country, adjoining flourishing settlements. All taxes thereon have been duly paid. Apply to the subscriber,
JOHN BECKLEY. City of Washington, July 17—ep2m
ten Dollars Reward.
W AS missed on Sunday, the 5th of May a double cased silver Watch, maker's name Croffthwaite, 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 10—1t.
PUBLIC SALE.
I N virtue of an order issued from the hon. court of Calvert county, will be offered at public sale, on the 28th day of August next, (if fair, if not, the first fair day thereafter) at the late mansion of Benjamin Ward, deceased, at the hour of 12 o'clock, a valuable plantation, containing 124 acres of Land, lying on the Chesapeake Bay, in Calvert county. The improvements are a small dwelling house, kitchen, tobacco house, corn house, and other out houses; a large orchard of fine fruit. This fertile spot has every advantage, it abounds in heavy timber, and has a great proportion of rich low ground, capable of being made into meadow at a very trifling expense. The soil is extremely rich—tobacco, wheat, rye, and Indian corn, grow with little labour—the neighbourhood affords a society of very genteel and friendly people—places of worship surround it—convenient to mills, and a ware house for the inspection of tobacco within two miles of the premises. This Land will be laid off in small parcels, or sold all together, as may best suit purchasers.—Bond with approved security will be required, carrying interest from the day of sale, payable in two equal payments, the first in 12, and the last in 18 months from the day of sale.
WM. M. CARCAUD, DAVID L. WEEMS, CHAS. WILLIAMSON, Commissioners. July 3 ep3w
West Indies.
BERNARD M C MAHON, SEEDSMAN, No. 129.
CHESSUT STREET, PHILADELPHIA, Has just imported from London by
the ship Columbia, A GENERAL ASSORTMENT OF Garden Seeds,
P ARTICULARLY of such kinds as are usually in demand in the West Indies, and as other hot climates; and also of such sorts as are necessary for summer and fall sowing in the United States. They are all fresh, of the last season's growth, and will be disposed of on moderate terms.
TURNIP SEED. He has likewise imported from one of the most eminent Turnip farmers in England, a quantity of the genuine White Norfolk field turnip seed, which is the most profitable kind yet known for cattle feeding, and exceeded by none for ordinary purposes.
FLOWER ROOTS. His flower roots being now taken up, his friends and the public may be supplied with upwards of three hundred varieties of the most superb Tulips, all named, and arranged in their proper divisions, a large collection of the best double Hyacinths, Anemones, Ranunculus and Jonquils; likewise Crown Imperial, crocus spring and autumnal Cyclamen roots, with several other kinds.
BOOKS. He is constantly supplied with the best and most approved works on Agriculture, Botany and Gardening, and in a few weeks will have ready for publication his treatises on AMERICAN GARDENING, adapted particularly to the climates, seasons, and vegetable productions, that are, or may be profitably cultivated in the United States.
He is also supplied with the best English flour of mustard and split peas; white and brown mustard seed for mangoes, &c water-ing pots, beds mats, pruning, grafting, and inoculating knives; garden rakes, hoes, reels, lines, spades, shovels, trowels and edging irons, hot bed lights and glass, hyacinth glasses, red, white, and yellow clover seed, burner, lucerne, ray grass, timothy, herd grass and orchard grass seeds, lentils, vetches, peas, beans and every other necessary article in the seed trade.
M C MAHON invites, may he solicit a correspondence and reciprocity of services with the admirers of curious and useful vegetable productions, in the United States and elsewhere; and having it considerably in his power, being generally supplied with an immense number of scarce, curious, and valuable seeds, he hopes they will find in him an attentive and useful correspondent. July 15.
Pursuant to a decree of the Court Chancery,
I shall sell at Public Auction in the town of Piscataway, on Tuesday the 6th day of August next,
ALL the real estate (not heretofore sold) of Thomas Clagett, Esq. late of Prince George's county deceased, containing about the quantity of eleven hundred acres, of which that handsome well improved lot in the town of Piscataway is a part.
Two hundred and twenty-five acres of good forest land part of Marlow's resurvey, being about three miles from Piscataway—eight hundred and fifty acres, part of several different tracts, commodiously adjoining each other on Piscataway creek, about a quarter of a mile from the Tobacco Warehouse, on the navigation of Potomac river—This is a valuable tract of land, and will be sold in one body, or divided into lots as may best suit those who wish to purchase.
These lands will be sold on a credit of four years, payable in four equal annual installments, the purchaser or purchasers giving bond with approved security to the trustee on interest from the day of sale—on the chancellor's ratifying the sales and the whole of the purchase money being paid (and not before). The trustee by a good deed, will convey and transfer to the purchaser or purchasers and his or their heirs, the land to him, her, or them sold, free, clear, and discharged from all claims of the heirs of the aforesaid Thomas Clagett.
THOMAS DUCKETT. Prince George's county, } June 14—copr et
Rapine, Conrad, & Co. On New Jersey Avenue Capitol Hill,
H AVE just received and offer for sale, at a low price. a quantity of PERUVIAN BARK by the pound and smaller quantity.
They have also, lately received an addition to their former assortment of books and stationery. July 10—
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 Easton.
By order, NINIAN PINKNEY, Clerk.
AN ACT
To provide for the trial of facts in the several counties of this state, and to alter, change and abolish, all such parts of the constitution and forms of government as relate to the general court and court of appeals.
B E 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, removable for misbehavior on conviction in a court of law, or shall be removed by the governor, upon the address of the general assembly, provided that two thirds of all the members of each house concur in such address; and the county courts, so as aforesaid established, shall have, hold and exercise, in the several counties of this state, all and every the powers 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 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 judges of the several judicial districts of the state, which said court of appeals shall hold, use and exercise, all and singular the powers, authorities and jurisdictions, heretofore held, used and exercised, by the court of appeals of this state, and also the appellate jurisdiction heretofore used and exercised by the general court; and the said court of appeals hereby established, shall sit on the western and eastern shores for transacting and determining the business of the respective shores, at such times and places as the future legislature of this state shall direct and appoint, and any three of the said judges of the court of appeals shall form a quorum to hear and decide in all cases pending in said court and the judge who has given a decision in any case in the county court, shall withdraw from the bench upon the decision of the same case before the court of appeals; and the judges of the court of appeals may appoint the clerks of said court for the western and eastern shore
respectively, who shall hold their appointments during good behavior, removable only for misbehavior on conviction in a court of law; and in case of death, resignation, disqualification or removal out of the state, or from their respective shores, of either of the said clerks in the vacation of the said court, the governor, with the advice of the council, may appoint and commission a fit and proper person to such vacant office, to hold the same until the next meeting of the said court; and all laws passed after this act shall take effect, shall be recorded in the office of the court of appeals of the western shore.
VI. And be it enacted, That all and every part of the constitution and form of government which relates to the court of appeals and the general court, or the judges thereof, or that is in any manner repugnant to, or inconsistent with, the provisions of this act, be and the same is hereby repealed, abrogated and annulled upon the confirmation hereof; provided, that nothing herein contained shall be construed so as to authorise 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.
T HE 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
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—epf.
CHARLES H. VARDEN, MERCHANT TAYLOR.
Has received from Philadelphia a handsome assortment of FALL goods, consisting of the best London and French superfine cloths, cassimeres, patent Beanet's cord, toiletens, fancy and white Marseilles, black and figured silk, moleskins, fancy silk, Marseilles, constitution cords, velvets, Genoa cord, silk and satin Florentines, 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 best style of fashion. New Jersey avenue near the Capitol, December 10—tf
ADAM KING, & Co.
A T 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 usual will be attended to with the utmost attention. George Town, November 5—tf
Twenty Dollars Reward.
R an away from the subscriber's plantation near this place, on Monday the 10th of June, PHIL, Who commonly calls himself Phil Brice, a dark mulatto, aged about twenty four years, five feet eight or nine inches high, remarkably polite, speaks quick (though with difficulty) when spoken to, his clothing unknown. Having acquaintances in Baltimore, Alexandria and the City of Washington, I think it probable he has gone to one of those places. The above reward will be paid to any person who shall bring him home, or ten dollars for lodging him in any jail, so that I get him again. WM. B. BEANES. Upper Marlborough, July 12—w.G.
HISTORY of the West Indies :
A WORK in the contents of which every citizen of America must be interested, whether devoted to business, or desirous of information through the medium of amusement.
A new & revised edition of Mr. EDWARDS's History of the West Indies, with a third volume, (completed by its amiable author a short time previous to his death) has lately been published in London. This third volume contains the interesting and important history, with a large Map of the Island of St. Domingo, or Hispaniola, as also that of Tobago; likewise a history of the war in the West Indies from its commencement in 1793, and a tour of Sir William Young through several of the islands. It is accompanied by a highly finished portrait of Mr. Edwards, a history of his life written by himself, and a prefatory advertisement by Sir WILLIAM YOUNG, Baronet, M. P. F. R. S. &c. under whose editorship it has been given to the public.
The subscriber, impressed with a sense of the great importance a general knowledge of the History, civil and commercial, of the West Indies, must be to every citizen of America, and of the great celebrity of the above work, proposes to print it, by subscription, and respectfully offers the following for public patronage and encouragement.
Proposals for Printing, From the London copy, 3 volumes quarto, THE HISTORY, CIVIL AND COMMERCIAL, Of the British Colonies in the West Indies.
BY BRYAN EDWARDS, ESQ F. R. S. A. S. Containing, with a variety of other matter:—
A political and topographical survey of the sugar islands.
A comprehensive account of the ancient and present inhabitants, agriculture, productions, laws, government, constitution and commerce.
An historical review of the slave trade; including observations on the character, genius, dispositions, and situations of the enslaved Africans.
An historical review of St. Domingo, comprehending an account of the former government of the French part of that island, its political state, populations, productions, and exports; a narrative of the calamities which have desolated the island ever since the year 1789; and a detail of the transactions of the British army in that island.
Also, a tour through the islands of Barbadoes, St. Vincent, Antigua, Tobago and Grenada, by Sir William Young, Baronet, &c. And
A history of the war in the West Indies from its commencement in 1793, &c. &c.
CONDITIONS.
It will be printed in four volumes, large octavo, on a perfectly new and beautiful type—on a handsome large medium paper, agreeable to a specimen, which may be had at the subscriber's Book Store.
The price to subscribers to be three dollars the volume, in boards; each volume to be paid for on delivery.
With the last volume will be given an ATLAS, (without any additional price) containing the following maps, viz
 1 A large general map of the West Indies.  2 Map of Jamaica.  3 Barbadoes.  4 Grenada.  5 St. Vincents.  6 Dominica.  7 St. Christopher's.  8 Nevis.  9 Antigua.  10 Virgin islands.  11 St. Domingo, or Hispaniola.  12 Tobago. 
To prevent disappointment or complaint, it is now premised, that on the publication of the second volume the subscription price will be advanced to three dollars and a half the volume, and on the publication of the last volume the price will be again enhanced.
With the last volume, besides the Atlas, will be given an elegant engraving of the celebrated author. Also a list of the subscribers names.
The London copy of the foregoing work in three volumes cannot be sold in America, in boards, under sixty dollars. JAMES HUMPHREYS.
Subscriptions are received by said Humphreys at his book-store the corner of Second and Walnut streets, and by the principal Booksellers through the Union. Philadelphia, July 15—
Forty Dollars Reward.
R ANAWAY from the subscriber on the 8th April 1805, a small negro man named NACE, 21 years old, about five feet high, dark complexion, a small scar on his upper lip, quick spoken; had on when he went away an osnaburg shirt, striped cotton round over jacket, white dimity waistcoat, striped cotton pantaloons and a straw hat, but no doubt he has changed his dress by this time: he was seen at the fishing landings on the Potomac a few days after he left home; probably he might get a passage in a fishing vessel to Baltimore or elsewhere. Whoever apprehends and secures the said negro man in any jail, or brings him home, so that I may get him again, shall be entitled to the above reward; including what the law allows. THOMAS MUDD, Prince George county, near Piscataway, Maryland—July 29—wjt
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