Virginia Argus (Richmond, Va.), 1807-03-17 00:00:00

VIRGINIA ARGUS
[XIVth YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1357.]
RICHMOND:—PRINTED (ON TUESDAYS AND FRIDAYS) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
Four Dollars Per Annum—paid in Advance.]
TUESDAY, MARCH 17, 1807.
12 1/2 Cents Single.]
RICHMOND PRICE CURRENT.
  (CORRECTED WEEKLY.)    Tobacco, $ 6 00 CASH.  Wheat, 1 17 do.  Flour, superfine, 6 50 do.  Flour, fine, 6 00 do.  Corn, 5 00 do.  Hemp, clean, (per ton) 200 00 do.  Iron, 120 00 do.  Bacon, 12 do.  Pork, none. do.  Whiskey, 54. do.  
NOTICE IS HEREBY PUBLICLY GIVEN.
To all persons to whom the estate of James Harris, dec'd. (of the Mount) is indebted, THAT the representatives of that estate desire the respective claims or demands against the estate, should be immediately brought forward and properly authenticated, that the undersigned may make necessary provision for the discharge of the same. Those who are indebted to said estate are earnestly solicited to pay off their accounts without delay, as the situation of the estate will not enable the subscribers to grant further indulgence. JAMES HARRIS, } Adm'rs. of James ROBERT HARRIS, } Harris, dec'd. Chesterfield, Feb. 25th, 1807. w6t
W. Haight,
UPHOLSTERER—FROM NEW-YORK, Has for sale, on the Main-street, nearly opposite the Old City Tavern, MATTRESSES & FEATHER BEDS of every description, with a large & elegant assortment of Paper Hangings and Curtain Trimmings, Mahogany Furniture, Window Cornices, Piano-Forces, &c. Bed and Window Curtains made in the most fashionable style, very low. Old Mattresses worked over &c. The above articles will be sold for cash or country produce. Richmond, Feb. 22, 1807. w2m
We have lately received.
  FOR SALE,    12 hhds. sugar 15 boxes cotton & wool cards do.  30 bbls. do. 4 cons casings assort ed. viz. pots, ovens, skillets, pokers, and irons, teakettles and waggon boxes  3000 lbs. green coffee 350 sacks salt  10 hhds. Antigua rum 100 bbls cuttings  5 do. Windward Island do. 30 do whole do  14 hhds. N. E. rum 15 doshad  14 bbls. do. do 40 lbs Spanish indigo  12 hhds. molasses 15 lbs numegs  8 casks Malaga wine 100 pr men's fine shoes  20 tiers & bbls. whisky 50 do coarse do  4 pipes apple brandy 100 lbs Glauber salts  15 bbls do do  12 crates Liverpool ware assorted  10 do stone do  
We have also on hand, Iron German, Crawley and Blistered Steel Rice & ground ginger Pepper Alspice FF & F powder Shot, assorted sizes French brandy Rice Cheese Wrought and cut nails, assorted sizes Snuff Glass ware, viz. 1-2 pt. tumblers and decanters, assorted sizes Hats We daily expect to receive, a quantity of Sherry Wine, Window Glass, Copers and Alum, all of which articles, we will sell at a small advance, for cash, approved paper or country produce. Shapard & Lucke. Richmond, May 8, 1806.
The noted & much admired English horse
KNOWSLEY, Will stand the ensuing season at our stable in Albemarle county, 10 miles above Charlottesville, to cover mares at twenty five dollars the season, five of which will be remitted if paid by the 1st of August next; fourteen dollars the leap, and forty dollars to ensure a mare to be in foal, with one dollar for each mare to the groom, which with the leap money must be paid when the mare is covered. Mares put to Knowsley last season which did not prove with foal, will be ensured this year for twenty dollars paid as above. Notes of hand will be required in every instance where the money is not sent with the mares or paid before they are taken away. Excellent and extensive pasture well enclosed grass, besides several grass lots, which will be kept for mares with colts, and mares sent before foaling. Servants will be boarded at 9s. per week, and grain furnished mares as directed at the lowest market price, for which the money must be paid before the mares are taken away. The most pointed attention in every particular shall be paid to mares sent to our care, but cannot be liable for any accidents or escapes which may happen. KNOWSLEY'S pedigree and performance have been so frequently published, that we deem it unnecessary now to insert it. The performance of his colts on the turf last spring and fall has so well established his superior worth, that nothing more remains to be said by us, only to observe that nine of his colts have been started on the turf, seven of which proved successful in winning eleven sweepsstakes and matches; the other two always run second best; five out of the seven winning colts distanced the field. WILLIAM WOODS. GEO. M. WOODS. Altavista, Feb. 20th, 1807. oaf7t P.S. The season will commence the 1st of March and expire the 1st of August.
Blank Bills of Lading
For sale here.
UNITED STATES' COURT, FIFTH CIRCUIT, AND VIRGINIA DISTRICT, November Term, 1806.
Lewis Morgan and Hester Morgan, ex'r. and ex'x. of the last will and testament of Benjamin Morgan, dec'd. Against Alexander Banks, adm'r. &c. of Thomas Banks, dec. who was one of the ex'rs. of Jacob Rubsam, dec'd. and Jacob Balthazar Rubsam and Maria Catherine Rubsam and Frederick Augustus Kuhn, D. M. and James Lyle, sen. defts. And James Bonny, adm'r. of Benjamin Bonny, dec'd. Against The same, defts.
THE deft. Frederick Augustus Kuhn, D. M. not having entered his appearance and given security according to a rule of this court; and it appearing to the satisfaction of the court that he is not an inhabitant of this district: On the motion of the plts. by their counsel, It is ordered , that the said deft. do appear here on the first day of the next term, and answer the plts.' bills respectively; and that a copy of this order be forthwith inserted in some one of the newspapers published in the city of Richmond for two months successively, and posted at the front door of the capitol in the said city. A copy, Teste, WM. MARSHALL, CLK.
BUCKINGHAM COUNTY JANUARY COURT, 1807.
Hobson & St. John, plaintiffs, Against Charles Matthews, Walter Irvine, John Irvine and Samuel Bransford, defendants.
ON the motion of the plaintiffs by their counsel, and it appearing to the satisfaction of the court that the defendant Matthews has removed himself without the jurisdiction of this court to parts unknown, It is ordered and decreed , that unless he shall appear here on or before May court next and answer the plaintiffs' bill; the court will then proceed to take the same for confessed as to him, and decree the matter thereof accordingly; and that a copy of this order be forthwith published in some public newspaper of the city of Richmond for two months successively, and another copy be posted up at the front door of the courthouse of this county. A copy, Teste, R. ELDRIDGE, J. D.
UNITED STATES' COURT, FIFTH CIRCUIT, AND VIRGINIA DISTRICT, November Term, 1807.
John and Jane Backhouse, adm'r. and adm'x. de bonis non, of John Backhouse, deceased, plts. Against Richard C. Johnson, ex'r. of Thomas Johnson, sen. who was ex'r. of John Boswell, Richard C. Johnson, John B. Johnson and others, defts.
THE defendant John B. Johnson, not having entered his appearance and given security according to a rule of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this district; On the motion of the plts. by their counsel, It is ordered , that the said deft. do appear here on the first day of the next term, and answer the plts.' bill, and that a copy of this order be forthwith inserted in some one of the newspapers published in the city of Richmond, for two months successively, and posted at the front door of the capitol in the said city. A copy, Teste, WM. MARSHALL, CLK.
Louisa County, to wit: To Benjamin Hollins, Samuel Hog and Anderson Painter, freeholders of said county; you are hereby requested to view and appraise a stray Heifer, taken up by Joseph Kennon, and render to me a particular account of her mark, age and color, together with her valuation. Given under my hand, this 18th day of November, 1806. Peter Crawford.
Pursuant to the above warrant to us directed, we have viewed the above mentioned stray, and find her to be a large red heifer, supposed to be three or four years old last spring, marked with a smooth crop in the right ear, & a small swallowfork in the left with the end of her tail white & a little white under her belly, with short crumple horns, and we are of opinion that she is worth ten dollars. Given under our hands agreeable to the above date. Anderson Painter. Benjamin Hollins. Samuel Hog. A copy, John Poindexter, C. L. C.
STRAYED or stolen from Tick-ho, lower end of Goochland county, a likely BAY HORSE, about fifteen hands and a half high, no marks recalled except a large splent on one of his fore legs, near the joint of the knee. A generous reward will be given for the delivery or information of the said horse, so that he can be got by the subscriber, at Tuckahoe, or Col. Wilson C. Nicholas of Albemarle. PHILIP ROGERS. February 27, 1807. 3*
FOR SALE AT S. PLEASANTS' BOOK STORE, HENING'S
New Virginia Justice, Containing the Duties of a Justice of Peace, &c. together with a variety of useful precedents, adapted to the laws now in force. Also, forms of conveyancing, such as deeds of bargain and sale, lease, and re-lease, mortgage, trust, &c.
NEW YORK STATE LOTTERY,
Authorised by an act of the Legislature, and payment of prizes guaranteed by them, POSITIVELY commences drawing in the city of New York, on the second Tuesday in June next.
  THE CAPITAL PRIZES ARE    1 of 25,000 DOLLARS.  2 of 10,000 DOLLARS.  2 of 5,000 DOLLARS.  2 of 2,000 DOLLARS.  6 of 1,000 DOLLARS.  
And several of 500, 200, 100, &c. &c. Less than 2 1-2 blanks to a prize. The FIRST drawn ticket every FIFTH day will be entitled to a capital prize; and the second drawn ticket EVERY DAY, will be entitled to 200 dollars.
TICKETS.
HALVES, QUARTERS AND EIGHTHS, ARE NOW SELLING AT WAITE'S
TRULY FORTUNATE LOTTERY OFFICE, No. 64 and No. 38, Maiden Lane, New York.
By enclosing bank notes, of any description, (post paid) to G. and R. WAITE, tickets and shares will be punctually returned by post, to any amount, and the earliest advice sent to adventurers of their success.
During the drawing, WAITE's weekly printed prize list will be sent to the printer of this paper, and to the post master at Richmond; and at the conclusion of the drawing, will also be sent, the managers' printed prize list, for the satisfaction of distant adventurers.
At the above offices, have been sold in the late lotteries, prizes amounting to a sum, exceeding 300,000 dollars.
Present price of tickets, Seven Dollars, but will advance as the drawing approaches. Prize tickets in the late New York lotteries taken in payment.
New York, March 10, 1807. 3m
FOR SALE,
ON WEDNESDAY THE 25th OF MARCH,
Two Negroes,
All the Household and Kitchen Furniture, &c.
Of the estate of James Shields, deceased. On Shockoe hill, and a brick house of John P. Shields in Du-Vall's plan. The above property will be sold at six months credit for a sum above five dollars, upon the purchasers giving bond with approved security, to carry interest from the date if not punctually paid to the administrator. There will be hired out, several NEGROES until Christmas next, on the same day and at the same place. I request all those indebted to the estate to make immediate payment; and those who have claims against the same to bring them forward duly authenticated for examination and settlement. It is hoped that prompt attention will be paid to this notification, as the subscriber is anxious to prepare for the creditors, and close his administration upon the estate. JOHN P. SHIELDS, Adm'r. Richmond, March 10, 1807. tds
LOST OR MISLAID,
Three Certificates of Funded Debt
of the United States, viz.
  No. 413, Deferred Assurance debt, dated 30th June, 1792, for $ 401 54  No. 669, ditto, same date, 169 47  No. 363, Public debt, 30th June, 1791, 500 00  
In all, $ 1071 01 In favor of Francis Charlton of York Town, Virginia, and issued by John Hopkins, Commissioner of Loans. This public notice is given, that new certificates may issue to replace those that have been lost. JAMES BROWN, Atty. for Mary Charlton, Ex'x. of Francis Charlton, dec. Richmond, 12th March, 1807. 6w
By virtue of a deed of trust executed to
us by Peter Worsham, we shall proceed to sell, for cash, at Thomas Perkins' store in Amelia county, on the 21st inst. all of the Property specified in said deed, consisting of a
Tract of Land,
Containing 50 acres more or less, lying near Green's old store, and adjoining the lands of Hector McNeal and Wm. Howlett. One likely Negro Man, by the name of Sam; two Horses, ten head of Cattle, and the Household and Kitchen Furniture, belonging to said Worsham, or so much thereof as will be sufficient to satisfy said deed of trust and cost attending the same. Acting as trustees, we shall only convey the title vested in us. George Scott, } Trustees. Thompson Scott, } John Jeter, } Amelia, March 3d, 1807. 44
Upper Appomattox Company.
AN ELECTION OF TRUSTEES will
be held at Painville, on Tuesday the 14th of April. The shareholders are requested to be punctual in attending, either in person, or by proxy. Jos. Eggleston. Edmund Harrison. Edw'd. Mumford. March 9th, 1807. 4w
Blank Books
Of various kinds for sale at this office.
CONGRESS.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, FEB. 18.
Debate on the resolution offered by Mr. Broom, to make further provision by law to secure the privilege of the writ of Habeas Corpus to persons in custody under or by colour of the authority of the United States.
Mr. BROOM. It will be recollected by the House that I had the honor of submitting a resolution to make further provisions by law for securing the privilege of the writ of Habeas Corpus to persons in custody under or by colour of the authority of the United States.—It was then my wish that it should lie upon the table in order that members might have an opportunity of considering the subject, being fully persuaded that the more it was considered the more evident would the importance of it appear.—As it now becomes my duty to call the attention of the house to the subject, I shall move that the resolution be referred to a committee of the whole house—and I should not offer a single observation in support of this motion but for the doubts which have been suggested by several members, of the necessity and propriety of a legislative interposition at this time. I trust therefore, that I shall be indulged in pointing out the necessity and importance of the provision which it is contemplated to make. I am sensible that this subject is not familiar to the majority of this house; for until now no circumstance has occurred in this country which could make us duly appreciate the value of the privilege of the writ of habeas corpus. In ordinary times the laws which already exist may be sufficient, for in such times there is no temptation to transgress the limits of constitutional or legal privileges; but in times of turbulence and commotion the mere formal recognition of rights will afford too feeble a barrier against the inflamed passions of men in power whether excited by an intemperate zeal for the supposed welfare of the country, or by the detestable motives of party rancor or individual oppression. I could have wished that circumstances had never occurred which would make it necessary to fortify, by penal laws, the constitutional privilege of habeas corpus, and that the whole nation from the first to the least had regarded it with such religious veneration that no officer either military or civil would have dared to violate it.—But recent circumstances have proved that such a wish would have been in vain, and have demonstrated more powerfully than any abstract reasoning, the necessity and importance of further legislative provision. This privilege of the writ of habeas corpus has been deemed so important that by the 9th sec. of the 1st art. of the constitution, it is declared that it shall not be suspended unless, when, in cases of rebellion or invasion, the public safety may require it. Such is the value of this privilege that even the highest legislative body of the nation—the legitimate representatives of the nation, are not entrusted with the guardianship of it, or suffered to lay their hands upon it, unless, when, in cases of extreme danger the public safety shall make it necessary.
The suspension of this privilege upon slight pretences, it was easily foreseen would destroy its efficacy, and if it depended on the mere will of congress, it would become, in the hands of the majority, the most certain and convenient means to accomplish the purposes of party persecution or to gratify political or personal rancor or animosity. This constitutional provision was only intended as a check upon the power of congress in abridging the privilege; but was never intended to prevent them from entrenching it around with sound and wholesome laws: on the contrary, it was expected that congress were prohibited from impairing, at their pleasure, this privilege; that they would regard it as of high importance, and by coercive laws ensure its operation. By the 14th section of the judiciary law, 1 vol. L. U. S. page 58, power is given to certain courts and judges, to grant the writ of habeas corpus; and this is all the provision made by any act of congress to secure this privilege. Thus the constitution sanctions the writ, and the act of congress gives the judges power to grant it: but, there is no law of the United States which compels the judge to grant it, or the officer to obey it; and the only remedy left to the individual is that which he derives from the common law of England (if, indeed, gentlemen will allow to that law any operation in the United States' courts) and that very law upon which we now rely to enforce the privilege, was found, during the reign of Charles the second, utterly insufficient, and has ever since the 31st year of that reign, been considered in England, as only auxiliary in securing the privilege of the writ of habeas corpus. The Speaker was sorry to interrupt the gentleman from Delaware, but must observe, that it was not in order to debate the motion until the house should agree to consider it. Mr. SMILIE hoped the gentleman from Delaware would be permitted to proceed, as the subject was a very important one. Mr. BROOM then moved to consider the motion of reference, to which the house agreed, ayes 57.
Mr. BROOM. I am sorry that I have transgressed upon the rules of the House; I assure the House that it was not intentional, and beg leave to offer to the gentleman from Pennsylvania (Mr. Smilie) my acknowledgment for his liberality. As the House
has now agreed to consider the motion, I will proceed in support of it. The stat 31. Ch. 2. was designed to remedy, and did effectually remedy, the defects of the common law provision on this subject. By that statute severe penalties were imposed on judges refusing to grant the writ of Habeas Corpus and on all parties refusing to obey it. In most of the states, laws have been made upon the principle of the statute of Charles, & so far as they extend are found to have the most beneficial effect in securing the privilege of the writ, but they do not extend to inflict penalties on judges of the courts or officers of the U.S. if the privilege of the writ of habeas corpus be important, & the laws be effective, it is surely our duty to apply the remedy. Of its importance it is true we have had but little experience in our own country. In England, from whence we derive our knowledge of it, they have proved its value, they have tried it and it has not been found wanting. In England this inestimable privilege has been for ages the proud theme of exultation—there they worshipped it as a talismanic wand which could unlock the gates of the strongest prison and dissolve in an instant the fetters of the captive. It was to Englishmen as a wall of fire by night, shielding them from the arbitrary sway of tyrannical power. It is indeed the great palladium of that English civil liberty which has exalted the English character. Other power and influence of civil liberty upon the happiness of the people of England we need no stronger evidence than the situation of surrounding nations where it was unknown. Let us go back to less civilized times and we shall see in these nations men in the most abject state of society, suffering oppression in every possible shape—there every private castle was a secret and inviolable prison—there the life and liberty of the most illustrious as well as the meanest subject were alike the sport of the caprice of a tyrant. Even the petty lordling held as it were the shears of fate, and cut at pleasure the thread of the life of his vassals—a letter de cachet could confine the unhappy victim of power for life in the loathsome walls of a dungeon a滴 spite of the ties of affection or blood, friends must forget each other or share a common fate—the savage tortures of the inquisition chilled the soul with horror, and the gloomy recess of the sanctuaries of religion too often bore witness to the diabolical temper of man when inflamed with passion and unstrained by wholesome laws. Such was the condition of other countries while the people of England were reposing in security under the protection of their civil institutions—institutions which had received the sanction of ages and were guarded by the religious veneration of the people. The right to personal liberty unless for the commission of an offence against law—The right to know the accusation against them, and the right to be tried by their peers were all recognized by their charters, and which their monarchs had sworn inviolably to observe. These rights were not merely secured by parchment—they were incorporated with the habits, manners, and customs of the people—they were handed down from father to son in trust for posterity, and guarded as a paternal inheritance which could never be diminished with honor. The people were early taught to know them and to consider it a sacred duty to draw their swords in defence of them. These fundamental rights of Englishmen have existed from their earliest ages—they were collected in a body by Edgar the Saxon—they were revised by Edward the confessor, and were ratified by William the conqueror—they were recognized by Magna Charta, and after the wars between Henry III. and his subjects, were confirmed by the statute of Marlborough and never afterwards questioned. Rights thus maintained, through all the convulsions of England; rights thus endeared to the nation and engraven on the hearts of the people, and which have walked hand in hand with them through the darkest periods of their history, require no other proofs of their importance.
Yet, however important these rights may be, a few moments reflection will satisfy us that without the writ of Habeas Corpus they could avail but little. The rights may exist as abstract rights, but the writ of Habeas Corpus affords the most important, if not the only means of executing them. In vain does the law proclaim that no man shall be imprisoned contrary to law, if the party imprisoned has no access to a tribunal to decide the question of legality. In vain does the law promise a trial by peers, if the party imprisoned can have no access to a tribunal where he may demand such trial. In short, without the writ of habeas corpus, rights of personal liberty, however solemnly proclaimed, would exist but in name. This writ of habeas corpus is coeval with the rights which it secures. It existed by the force of common law, until the subtleties of lawyers had nearly refined it away, when it was aided by the statute of Charles, and has since been found fully adequate to produce the desired effect. If then, this privilege of the writ of habeas corpus has been productive of the most salutary effects in England, in guarding the liberty of the subject, we have the strongest proof which we can require of its importance to us, except our own experience. It is true we live under a form of government where the sovereignty is acknowledged to belong to the people; but let us not vainly imagine that we have no necessity for laws restrictive upon men in power. Under the fair semblance of republicanism, has often been practiced the most detestable tyranny, and the mild laws of a republic have too often afforded a shelter for

knows and tyrants, instead of a shield for the virtuous and oppressed. I ask then if the laws are to hedge round this valuable privilege of the writ of habeas corpus with efficient laws. I beg them to profit by the experience of others and grow wise in time. Let it not be said that we are less jealous of our personal liberty than the people of England, or that the important privilege which guards it is less dear to us, because we have not, like them, waded through blood to maintain it. Let us with the constitution, acknowledge the importance and sanctity of the privilege, and proceed without delay, to fortify it with pend statutes. The warnings which we have lately received call loudly on us to guard it more effectually in future. It has been too generally our misfortune to wait until offences have been committed before we have provided a punishment; but when such offences have been committed, the public attention has been awakened and laws have been made to guard against them in future. The violation of our constitutional privileges at New Orleans have shown clearly the insufficiency of existing laws and the imperious necessity of providing the remedy. If we will not be roused from our slumbers by the experience which we have had I shall despair that we shall ever be awakened to any sensibility of our personal rights—for let it be remembered that these abuses are not of an ordinary character—they have been committed by a military officer at the head of the army of the United States, and in the full view of the highest authorities of the union. The civil authority at New Orleans has been trampled underfoot, and the commander of the army in the plenitude of his power avows his disobedience to laws and constitution, and takes on himself all the responsibility of the violation of our constitutional rights of personal liberty. Lost in amazement at this bold and unprecedented stretch of power we can scarcely be sensible of its extent unless we contrast it deliberately with the constitution. The constitution declares that no warrant shall issue but upon probable cause supported by oath or affirmation. That no citizen shall be deprived of his liberty without due process of law, and that the accused shall enjoy the right of a speedy trial by a jury of the district where the offence was committed; yet in defiance of all these constitutional provisions, our citizens have been arrested without any warrant and without any process of law whatsoever, deprived of their liberty, confined in military prisons and transported under military guards two thousand miles from the place where the offence was committed. The constitutional privilege of the writ of habeas corpus which is to secure these rights to the citizens, has been treated with contempt, and a military officer vauntingly takes on himself all the responsibility of wilful disobedience to the writ. For all these violations we are to be told that the conspiracy which existed in that country will afford a sufficient justification. With respect to the conspiracy, whatever might have been its contemplated extent, we have reason to believe that it is now at an end, and without determining whether the aspect which it had at New Orleans was really alarming to the general, or whether any circumstances do exist which may palliate his conduct, this much we all know, that his power was employed in the arbitrary violation of the rights of the citizen, and that the conspiracy, is to furnish the justification. Such conduct, and even such a justification I look upon with abhorrence and dread; or if upon every alarm of conspiracy our rights of personal liberty are to be entrusted to the keeping of a military commander, we may prepare to take our leave of them forever. For my own part I wish to live under a government of laws and not of men, for however pure and upright be the intention of our military commanders, however virtuous and even unsuspected be their conduct, I can never agree that my right to personal liberty shall depend on their forbearance and discretion. I know not whether these men that have been arrested are innocent or guilty of the treason with which they are charged; but whether innocent or guilty they must be arrested and tried according to law. However atrocious the crime which has been committed the punishment must be according to law; for in transgressing the limits of the law to revenge upon a criminal the wrongs of society we are guilty of injustice both to society and the criminal. The manner and circumstances attending these arrests have been of the most uncommon kind. It is said that all intercourse between one of the prisoners and his family and friends was cut off, and that not a soul except military men was suffered to approach him. That after being detained under close military confinement for nearly two weeks he was transported by the way of Baltimore to this city, and that upon his arrival here he was informed that there was no evidence to support any charge against him whatever. But whether this man or the others who have been arrested are guilty, or not, it can have no influence upon our deliberations at this time; for if even these violations now affect only the guilty, they may, at the discretion of the military officer, be extended to the innocent. It is enough for us to know that rights of personal liberty guaranteed by the constitution, have been openly violated in the person of a citizen of the United States, and that no laws exist sufficiently effectual to prevent or to punish such violations. It then becomes our duty as faithful guardians of the public rights, to interpone our authority, in order to preserve them. But if we content ourselves with tamely looking on, while our best rights are trampled upon, we become partakers of the guilt by the encouragement which we give the offenders. For these violations what remedy has the most innocent individual against the officer who arrested and transported him, as the laws of the United States have provided none, his remedy is at common law. He must sue for false imprisonment, and it depends entirely on the jury to say whether they will give him anything or nothing. Can a punishment so uncertain prevent the offence, or will a remedy so precarious always remunerate the injured? But if to this we add exemplary penalties, we have surely an additional security that the laws will be obeyed. The laws are not and in my opinion will not be
sufficient unless they punish in the most prompt and exemplary manner all judges who refuse to grant the writ of Habeas Corpus and all officers who refuse to obey it. For such offences, ruin ought to stare a man in the face, & when he has so seriously abused his power he ought to be stripped of it forever. But if we have no laws to guard us against these abuses and are unwilling to make any, we take upon ourselves all the responsibility of future violations. I wish and propose to entrench our privileges with the most vigorous laws, such as will suffer no man to violate them with impunity. There is no citizen of the United States, however abject his condition in society, in whose person the constitutional rights of personal liberty are not sacred; and however exalted the situation of the person who tramples upon them, or however plausible the pretence, the punishment ought to be prompt, certain, and exemplary. Dangerous indeed, will be the situation of our country, if every alarm of conspiracy is to be followed with the seizure and transportation of our citizens, at the will of a military commander, and in defiance of the civil authority. If such a doctrine be looked upon not only without abhorrence but even with approbation, how easy will be the transition from lawful to lawless power. Leaving the examples of ancient times, where the rumors of conspiracies have raised in an instant the body guards of tyrants, we have seen in modern France the cry of conspiracy made the signal of massacre, or the pretext for some violent usurpation of power. I do not pretend to say that this conspiracy has been fomented or permitted from any sinister views. It is enough to point out the danger to be apprehended from suffering this dark and dangerous machine of conspiracy, to be any apology for the violation of all the most solemn constitutional rights of personal liberty. Having witnessed the defects of our laws and the dangerous abuses of our most valuable privileges, let us proceed to provide the remedies. Rights so important cannot be too strongly guarded, and violations so serious cannot be too strictly prohibited. MR. EPPES observed that whenever he should feel less attachment to the personal right of the citizen than the gentleman from Delaware; or any other member of the House, he hoped that those by whom he was elected would select some representative more worthy of their confidence. If the gentleman was really sincere in the principles he had advanced, he tendered to him his congratulations on his conversion to Democracy. If on the contrary, his new principles were assumed like a Sunday coat, to be laid aside in the evening, it would afford one more example of the truth of the observation made by the celebrated Burke, that the same party can at one period trample on the rights of the citizen, and at another become declaimers in favor of personal liberty. He did not consider the resolution as designed to remedy any defect in our laws, but to afford an opportunity to gentlemen who care not much about personal rights, to make some noise about them. He considered it as a portion of the same spirit which had manifested itself in the courts below—Who are there the champions of human right? The ex-attorney general of the United States—The leader of 1798 and 1799, turned Jacobin, changing his political catechism and become the dupe of his own eloquence. To crown the climax, behold another noble champion of human right, the ex-attorney general of Maryland—The very man who turned down the leaves of the Prospectus Before Us—marked the passages which breathed too much freedom—drew in cold blood an indictment at one hundred and fifty miles from the scene of action; and became a volunteer in the godly work of persecution. When the personal right of the citizen shall depend on a man like this, liberty will indeed be in danger. If ever the goddess of liberty should meet her foul embrace, she will not be defied only, but strangled. The greatest monster in human shape, is a tyrant in principle, and the Rights of Man in his mouth. A wretch sunk to the last step in the political ladder, and willing again to mount, by professing principles he never felt. Where has this zeal of a certain party for the rights of man so long slumbered?—Where was it when the sedition law was passed?—Where was it when a member of this house was imprisoned and deprived of his constitutional privilege for printing a letter from the secretary at war acknowledged to be genuine?—Where was it when general Hamilton was seized in the western parts of Pennsylvania without the shadow of authority, driven like a convicted felon before the bayonet to Philadelphia, and there imprisoned for months without the possibility of obtaining a habeas corpus?—Where was this zeal when the rights of aliens were suspended, that whole class of people placed under the will of the executive, and a power given by law to seize and ship them?—Dead, Sir—The rights of man were not much in fashion with the party at that time. Plots, clues to conspiracies, and a gag for the mouth of him who dared to arraign the federal immaculacy was then the order of the day. When I shall believe the sympathy which these men affect to feel for a character, so recently hunted by them through the community like a wolf, is sincere, I may then credit their attachment to human rights, and not till then. The real secret in this business is, that the termination of this affair in the western country does not suit the federal palate.—To reduce an insurrection without an army or navy is a very anti-federal thing. They do not understand and cannot admire that kind of energy in government which derives its force from confidence and attachment on the part of the people. We have heard in former times from high authority, that the expedition against what was termed the insurgents of Pennsylvania, was intended to try the strength of the government.—That no government was considered safe until its forces had been called out to support its laws.—We now present to the world another example. The people of our country voluntarily preferring the government of their choice, to views of personal aggrandizement or interest—obeying peaceably the proclamation, and returning quietly to their homes as soon as the enterprise in which they were embarked, appeared
to be illegal. Deserting a leader inferior to no man in talents and firmness, possessing unbounded pecuniary resources, and above all, the peculiar art of attaching to him the hearts of his friends. The mines of Mexico—the wealth, the honors, held out to his followers by such a leader, could not reconcile to Americans the odious appellation of traitors. The honest and independent citizens of your country, returned to their homes to cultivate that soil on which fortune has placed them, as soon as they discovered the real objects of the expedition. Behold a triumph honorable to the American character, carrying with it irresistible evidence of the firmness of our union, and of the patriotism of the great body of our people. But we are told that a most daring violation of human right has taken place—That men have been seized in Orleans and shipped here for trial. Far be it from me to exaggerate or soften these acts. Such as they are I am willing to trust them to an enlightened community. An officer has undertaken at his own responsibility to seize and send here three persons. Two of them charged on his oath, with treason, or misprision of treason, and the third by him believed to be guilty. The two first on their arrival here were delivered over to the civil authority, and on solemn argument committed on a charge for treason. The other was delivered over to the civil authority also and discharged. No man will say that the conduct of the officer who seized and shipped these persons is legal. He has done an illegal act at the risque of his fortune in damages. Let the law take its course—let the individuals prosecute—let an honest jury put on one side the crime with which they are charged, and on the other illegal arrest and shipment—let them strike the balance. If they assess damages and it shall hereafter appear that this was a wanton and unnecessary exercise of power, the officer must suffer. If on the contrary it shall appear that the officer had no object in view but the public good, that he did really believe Orleans about to be attacked by a superior force, and that these prisoners could not be safely kept there; I for one, shall not hesitate to pay the damages assessed against him. Freedom can never be endangered by an act like this, where your laws are suffered to take their natural course without suspension or interruption. Where the injured individual can bring before a jury his claim for damages. What more safe, more certain, or adequate remedy can you ask for an injury done to personal freedom, than the verdict of a jury of freemen? What would be the feelings of an honest and independent jury called upon to decide a case like this where an innocent individual of character had been seized and shipped? The damages would be such as to heal the wounded feelings of the oppressed individual, and to deter in future the commission of such an act. If on the contrary strong circumstances of guilt should appear against the individual the damages would be nothing. The officer must depend on establishing before the community the purity of his motives, and the probable guilt of those on whom he has exercised power in violation of right. If the individuals seized and sent here shall be found to be innocent, I should wish them to recover heavy damages. Under my present impressions I should certainly if on their jury not assess damages. If the charges made against them are well founded I would as soon give damages against an individual who seized and secured for trial a high way robber. The public officer who knows of the existence of treason, who sees an individual embarked in schemes dishonorable to his country, who believes him aiding an approaching enemy, would deserve to be broke if he did not seize him. On the present occasion the officer has gone further; he has seized and sent them to you. He has violated the personal right of the citizen. If from honest zeal for the public good, he will find a sure protection and shield before an independent and patriotic jury. If the persons are innocent, and have been seized by him to wreak private resentment, or on any motive less pure than the public welfare, his reputation as a soldier is destroyed and his fortune must be lost in damages. I do not believe however, that much sympathy will be excited in the public mind, when the people shall understand about what, and about whom, all these clamors have been raised. What is the naked fact? Gen. Wilkinson has seized and sent round to the seat of government, three persons, at a time when he believed Orleans in danger of being attacked by a superior force. Of these persons the one is a bankrupt foreigner, charged on oath with being an accomplice of Aaron Burr. The second a young American, charged also on the oath of your commander in chief, with having disgraced the American character, by condescending to be employed as an agent for corrupting your army, with having actually carried proposals of bribery to your commander in chief. The third, a foreign lawyer, who owes to the liberality of the people of this country his bread. Two of these persons, in good federal times might have been transported under the alien law to Botany Bay. But men are now seen in your courts actively denouncing this measure, who voted for and perhaps brought forward the alien law. I mention not this to justify the present proceeding, but to show to the people the spirit in which this resolution has originated. Your commander in chief has been placed in a difficult situation. In daily expectation of an attack by a superior force, and opposed by the whole body of the law in the territory, a man greatly his superior in talents and firmness might have erred. He ought most certainly to have delivered over these persons to the civil authority. Had he done this, however, it is not yet decided where the trial would have been held. The district court of Orleans has the same jurisdiction with the district court of Kentucky. The Kentucky district court has the ordinary criminal jurisdiction of a district court of the U. S. which extends only to offences punishable by fine or whipping, and the whole civil jurisdiction of a circuit court of the U. S. So that these persons if charged with treason against the U. S. could not have been tried in Orleans, and must have been sent here or elsewhere by the civil authority. Thus much for the violation of right which has taken place. Let us now examine how far any new pro-
vision by law may be necessary to secure to the people of this country the privilege of the writ of habeas corpus, which gentlemen avow to be the object of this resolution. The right as it now stands is secured to the people by the constitution. Every judge of the U. S. has power to grant the writ, and every citizen of the U. S. is bound to obey it. But, says the gentleman, if a judge refuses it, what are you to do? The penalties of the statute of Charles the 2d are not in force here. I say remove the judge from office. If your provisions on this subject are defective, amend them. Let the judge, like every other individual, feel responsibility, and he will be honest. The idea of enforcing a high responsible officer to do his duty by pecuniary fine is a departure from the principles of our government. No instance can be produced under the government, of an officer of trust being compelled by pecuniary fine to discharge his duty. The true principle of a republican government is this—dismiss from office faithless servants. But I would ask, suppose a judge violates any other right secured by the constitution? Suppose he violates the freedom of speech by punishing a citizen for words spoken? Suppose he refuses to a citizen his constitutional right of trial by jury, and subjects him to punishment without trial by his peers? Would you in these instances, say he should be subject to a fine? No, sir. Let such a judge be disgraced—let him be turned from public employment. Let not the purity of justice be sullied, by having on your bench, men, who dead to the feelings of patriotism, and unmindful of their constitutional oath, must be compelled by fines and penalties to discharge their duty. The power of enforcing this writ as it stands under the constitution and laws of the U. S. is complete. It is enforced in the same manner with all other process issuing from the courts of the U. S. The judge must in the first instance send the marshal. If the writ is disobeyed, he takes the posse-comitatus. If this is not sufficient, the judge certifies to the executive that the laws cannot be carried into effect, and the arms of the nation must be extended to support the judiciary. This is no theory. It has already been acted upon in this country. On the certificate of a judge that the laws could not be enforced, the militia were marched to the western parts of Pennsylvania. If your judges have no power to enforce the writ of habeas corpus, I should be glad to know how they enforce any other. It was not because the privilege of the writ of habeas corpus is not sufficiently secured. It was not because the judges refused to issue it or wanted power to enforce it that this violation of right has occurred, but because the persons who might have claimed this privilege were snatched under peculiar circumstances from their jurisdiction. As the gentleman from Delaware has thought proper, on a motion to commit, to enter into a discussion of the merits of this proposition, I have made these observations. I have no objection to refer the resolution to a committee for the purpose of a full and fair discussion. I have no hesitation, however, in declaring that it is only to allow an opportunity for discussion that I shall vote for the reference. I do not believe that any additional provisions are necessary to secure to the people of this country the privilege of the writ of habeas corpus. On the contrary, I do firmly believe, that this right, like all others secured by the constitution, can never be lost, or violated with impunity, until corruption shall have destroyed the principles of our government. (Debate to be Continued.) Mr. Burwell's speech in our next. FROM THE AURORA. WHO WANTED ENERGY? Never was there so splendid a triumph of principle, as arises from the documents communicated by the president on the 19th February to both branches of the legislature.—They constitute a complete decision of the point in dispute between the two parties. Every honest federalist must bow in submission to such a decision of the only question which has divided the people, and such as do not must be considered as malecontents wishing evil to the nation to gratify their envy against men who have seen more correctly than themselves and leaders. Every dispute has been about the measures best calculated to secure our peace. The federalists contending for energy or force, the republicans for reason. Energy in government is but another name for force. Force can only arise from numbers in pay—the support of which numbers becomes of itself a burden, which burden begets additional uneasiness, calls for more force to compel submission, this additional force is an additional burden, and begets additional uneasiness, calling for still more force, and thus alternately each end of the balance will preponderate, until the whole physical force of the nation is put in requisition, and the energy must be the heaviest end of the scale before a nation can be secure. Such is the condition of every energetic government in Europe. The numbers there in pay as civil, military and ecclesiastical, with the arms and means in their possession, are able to beat and keep in subjection the remainder of the nation, scattered over the country, divided in opinions and unprovided for a contest as they are. And unless such be the case, the would defeat itself. In place of this energy or force, the republicans have contended for justice and reason; that a people whose government was of their own choice, and whose administrators impose no burden, nor restrain no rights (or such only as are absolutely necessary) can never require energy or force to keep themselves in order or subjection. That there can be nothing for a people to oppose save burdens or restraints, consequently that government is most safe which has least energy or force; because there will be neither burden nor restraints. To this it has been replied—Suppose there be no civil dissensions from opposition to laws under such a government, what is there to preserve the government against a demagogue assuming supreme power, and overturning all as Bonaparte, Cromwell, and Caesar have done heretofore? The answer is, the good sense of the people is sufficient security. In America
there is no personal attachment—it is not men the people follow, it is measures, and both parties have given sufficient evidence that their highest characters are dismissed and debased as soon as dereliction of principles is discovered—consequently none could succeed to mislead the people. That the only thing which would favor a usurper would be burdens and restraints—which beget dissensions and dispose the people to join any leader who would promise to redress their grievances. That so far from Bonaparte, Cromwell, or Caesar having taken advantage of weak governments, or governments without energy, the truth is, that each of them assumed their government, when the energies of their nations were at the greatest ebb. That it was the energies of miserable armies which they successively mounted to the thrones of their respective nations, and which they could not have done, but for the armies, and therefore proves the danger of such. Tempted by the success of these high examples, and this opinion of federalists, col. Burr, late the second in office, and second to no man in talents and intrigue, has bro't on the trial of this disputed point. His means were such as were to be expected, high promises and expectations to his followers. But although his attempt was on the weak side of the government, yet he never found a place where he dare to raise his standard. He has fled before the people he went to revolutionize, and is at length induced to surrender himself their prisoner. Here then is a decision. This question is no longer a point of dispute. It is not now a question about safety without energy or force—the question is changed to its relative—Are we safe with energy? In answering this question, let it be remembered colonel Burr had no army.—General Wilkinson was tempted and fell not; but let it be supposed for a moment, Burr had had an army, or Wilkinson had a little less virtue and carried his army to relieve Burr, what might have been expected? A small army over-awes a great many civil men, but whatever might have been the issue, we now behold clearly, that all the danger which existed, arose from the army, that little patch of energy; and that if that army was ten times as great, our security would be ten times less than if not a regiment existed. Put a general at the head of twenty thousand men, and even the president will not dare offend such general, but if the president and general unite the people are at their mercy. But what will you do in time of war? says a man of energy. Keep out of it, says a man of reason. The nation which relies on justice and reason, has the same security for peace with a quaker in his society: and we see to a certainty that being prepared for war has not saved one of the governments of Europe from its calamities. It is next to impossible that the United States can have a cause of war with any power of Europe unless it originates above foreign commerce; and it is equally impossible to force a commerce by a war. Hence war is no measure for us, and no wise administration will ever propose one. On the other hand, we find even a remedy for restraints on commerce, in reason, in justice—though this too, has been d spured by the parties. While the one has denounced non-importation, as a weak, foolish, provoking measure, the other has relied upon it in preference to energy or war, and the result is complete proof of its efficacy. Eng and rears under the existence of a non-importation law, and yields to Jefferson and a republican administration what the negotiating Washington, nor war making Adams with the unanimity of the first, and partiality of the last could never obtain. Here then is proof positive in favor of justice and reason, and against energy. To deny the force of these decisions in settling the questions which have divided the parties, is as unfair and unreasonable as for the debtor to deny the payment of a debt, when a bond becomes due. As to France, we will say nothing, because we have no reason to complain of, nor to fear her power, as we were prosecuting no measure against her; but the contrary, for even her all conquering emperor voluntarily exempts us from his decree of universal blockade, which can only be viewed as a measure of justice due to our peaceful habits, and the importance of our commercial influence—and to that system which forbids our sending ambassadors to Constantinople, or to Lisbon, to Prussia, or to Switzerland, to be the emissaries of other governments. COMMONWEALTH OF MASSACHUSETTS. In the House of Representatives, Feb. 25, 1807. THE Speaker read from the chair a communication from the President of the United States, in answer to the address of both Houses, forwarded to him during the present session of the Legislature: It is thereupon ordered, that the same be deposited among the archives of the House, and printed in the paper in which are promulgated the laws of this Commonwealth. Extract from the Journal. Attest, C. P. SUMNER, Clerk. To the PRESIDENT of the SENATE AND SPEAKER of the House of Representatives of Massachusetts. WASHINGTON, Feb. 14, 1807. GENTLEMEN, I ACKNOWLEDGE, in the first moment it has been in my power, the receipt of your joint letter of January 26th, with the Address of the two branches of the Legislature of Massachusetts, expressing their approbation of the proceedings of our Government. This declaration cannot fail to give particular and general satisfaction to our fellow citizens, and to produce wholesome effects at home and abroad. The remarkable union of sentiment, which pervaded nearly the whole of the States and Territories composing our Nation, was such, indeed, as to inspire a just confidence in the course we had to pursue; yet something was sensibly wanting to fill up the measure of our happiness, while a member so important, so esteemed as Massachusetts, had not yet declared its participation in the common sentiment: that it is now done, will be a subject of mutual congratulation. I am sensible that the terms in which you have been pleased to make this communication are not merely the official duty. I feel how much I am indebted to the kind and friendly disposition

they manifest, and I cherish them as proofs of an esteem highly valued. Permit me, through you, to return to the two branches of the Legislature the inclosed answer, and accept the assurances of my esteem and high consideration. TH: JEFFERSON.
To the two branches of the Legislature of Massachusetts.
IT is with sincere pleasure that I receive from the two branches of the Legislature of Massachusetts an address expressive of their satisfaction with the administration of our Government. The approbation of my constituents is truly the most valued reward for any services it has fallen to my lot to render them, their confidence and esteem the greatest consolation of my life. The measures which you have been pleased particularly to note, I have believed to have been for the best interest of our country: but, far from assuming their merit to myself, they belong, first, to a wise and patriotic legislature, which has given them the form and sanction of laws; and, next, to my faithful and able fellow laborers in the executive administration.
The progression of sentiment in the great body of our fellow-citizens of Massachusetts, and the increasing support of their opinion, I have seen with satisfaction; and was ever confident I should see: persuaded that an enlightened people, whenever they should view impartially the course we have pursued, could never wish that our measures had been reversed: could never desire that the expenses of the Government should have been increased, taxes multiplied, debt accumulated, wars undertaken; and the tomahawk and the scalping knife left in the hands of our neighbors, rather than the hoe and the plough.
In whatever tended to strengthen the republican features of our constitution, we could not fail to expect from Massachusetts, the cradle of our revolutionary principles, an ultimate concurrence: and, cultivating the peace of nations, with justice and prudence, we yet were always confident that whenever our rights would be to be vindicated, against the aggressions of foreign foes, or the machinations of internal conspirators, the people of Massachusetts, so prominent in the military achievements which placed our country in possession of the right of self-government, would never be found wanting in their duty to the calls of their country, or the requisitions of their government.
During the term, which yet remains, of my continuance in the station assigned me, your confidence shall not be disappointed, so far as faithful endeavors for your service can merit it.
I feel with particular sensibility your kind expressions towards myself personally; and I pray that that Providence, in whose hands are the nations of the earth, may continue towards ours his fostering care, and bestow on yourselves the blessing of his protection and favor. TH: JEFFERSON.
February 14.
WASHINGTON CITY, March 11. Extract of a letter, dated New Orleans, January 29th, from a source entitled to the highest credit, to a gentleman in this city.
"Gen. Wilkinson's conduct is much censured here. I do not approve all his acts—but my impressions are, that he is faithful to his country, and is actuated by the best motives.
"I do not consider the danger as over. Burr has many partisans on the western waters, and I suspect many well-wishers in this, and perhaps your territory. But I nevertheless hope, that all will yet be well."
LOUISA COUNTY, FEBRUARY COURT, 1807.
Lancelott Minor, comp. In John Hawkins and Thomas Shel- defts. Chan- cery.
THE defendant John Hawkins not having entered his appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this state: Therefore, on the motion of the complainant by his attorney, It is ordered and decreed by the court that the said defendant (Hawkins) do appear here on the second Monday in April next and answer the complainant's bill; and that a copy of this order be forthwith inserted in some one of the public newspapers published in the city of Richmond for eight weeks successively, and posted at the front door of this courthouse on some court day.
A copy, Teste, JOHN POINDEXTER, C. L. C.
Stray Mules.
STRAYED off the commons of this city, TWO MULES, of light colour, with a scar on one of their noes, occasioned from a halter; supposed to be three years old this spring; no other marks that I recollect. I will give Ten Dollars for the delivery of them, or such information that I get them again. DAVID COBBS. Richmond, March 14, 1807. 4t
TO RENT,
A Neat House,
IN the Falling Garden, sufficiently large to accommodate a moderate sized family, either by itself or with the following profitable property, to wit:—An ice-house 20 feet by 18 and about 18 deep, well filled and pounded down with good clean ice—a bath-house, which if well attended to will yield a handsome profit; and also may be accommodated with a small or large part of a garden.
The above property will be rented either for the season, say six months, or for a longer time, and possession given immediately.
Good security will be required for the rent. Enquire of JAMES LOYNES, on the premises. 2d mo. 16th, 1807.
BLANK BONDS For sale at this Office.
VIRGINIA ARGUS.
RICHMOND: TUESDAY, MARCH 17, 1807.
THE writer of the following remarks, although aware that they relate to a subject which does not command the attention of all readers of newspapers, yet has been induced by its intrinsic importance to offer them to the consideration of the public. In taking this step, he is not conscious of the influence of any other motive, than a sincere desire to promote the welfare of his fellow-citizens, by arousing their attention to a subject, which is intimately connected with social happiness, and which, there is reason to believe, has been hitherto viewed with too great indifference. Mankind have generally yielded a tacit assent to the truth, that political liberty is materially dependent, for permanence and security, on popular information: but such feeble, unoperating acknowledgments of truth, unaccompanied by an attentive consideration of the evidence which supports it, lead not to those strong convictions, which impel the mind to active and useful exertion. It is necessary that every proposition should be presented to the understanding, with all the clearness of demonstration, of which it is susceptible, before it can be expected to form the basis of practical improvement. The writer does not presume to aspire to the merit of having completely accomplished this object: yet he flatters himself, that he has made some progress in his approaches towards it. If in these remarks, he shall be, in a small degree, conducive to the excitement of sentiments and ideas, favorable to the cause of truth and knowledge, his expectations will be fully gratified; and he is too conscious of the inaccuracy and haste with which they have been composed, to expect from the stile of them, any fame as a writer. So pitiful a vanity would dishonor the motives by which he is actuated, and the cause in which he is engaged.]
ON NATIONAL EDUCATION.
NUMBER I. THE IMPORTANCE OF EDUCATION AS CONNECTED WITH POLITICAL LIBERTY.
THE benefits resulting from an improvement and cultivation of the intellectual faculties, are capable of presenting motives for their attainment, either of a selfish or social nature in proportion as intellectual excellence is estimated by its tendency to promote individual or general happiness. Great mental endowments and information of a certain kind, enable the possessor to perform with advantage to himself and his immediate connections, the private transactions of life, and to acquire opulence and distinction in society. There are few minds so insensible to the impulses of ambition or self-interest, as not to be finely impressed with the benefits of instruction, when viewed in this aspect. But the mind which has been accustomed to consider instruction only as a means of self-aggrandizement, will feel no motives to seek the diffusion of it, to promote such a system of general education, as will enlighten the whole community, remove the sources of a degrading inequality, and will enable the people to perform the functions of political sovereignty as well as the drudgeries of private life. In fact, as an instrument for acquiring personal distinction, knowledge is most effectual in proportion as it is confined to a few, and the many excluded from the means of attaining it; it may become, like some mechanic trades, a matter of mystery and monopoly, into the secrets of which, the vulgar must never penetrate. A love of fame, power and distinction is a motive which frequently impels to the performance of great and useful actions: it is therefore laudable, but is not to be ranked among the more exalted social virtues which lead us to seek the general welfare. It is foreign to my present purpose to treat of the advantages of education to the individual on whom it has been bestowed, or of the disadvantages resulting from the neglect of it. The diurnal experience of mankind operates as a constant monitor to render knowledge, in this respect, an object of pursuit, and ignorance, of deprecation. I shall therefore proceed to consider education as an instrument for the promotion of social happiness, and as essential to the permanence of republican or popular government.
If we attend either to the uniform experience of history or to the essential principles of human nature, we shall be convinced, that the possession of power must always be commensurate in its duration, with the ability to exercise it with judgment, utility and effect. Placing out of view the irresistible event of foreign conquest, republican government (which is only the possession of sovereign power by the people) will continue so long as that people retain sufficient energy, virtue and intelligence; no longer can it or ought it to continue. The progress from incapacity to govern, to the abuse and thence to the loss of power and the extinction of liberty, depends on causes which in similar situations will evolve themselves in every society and under every form of government; they derive their force from the laws of human nature, and cannot be controuled by human institutions. The power of directing and controuling the actions of others and rendering them subservient to our will, constitutes the most favorite object of human pursuit; of this truth private life presents us with a familiar evidence, in the avidity displayed in the pursuit of property, and public life, in the struggle for office. Hence political power, whether possessed by a monarch or a nation, becomes an object of strong and ardent desire to the artful and ambitious, who are ready to avail themselves of every relaxation of energy, every act of imbecility or indiscretion, to excite conspiracy, rebellion, or general anarchy. If the sovereign
* The reader will observe that I use the term sovereign to denote the person or persons with whom the sovereignity resides, whether a monarch, an oligarchy, or the people.
reign possesses such qualities as command respect and confidence, this propensity of mankind will be staid in the embryo, but where the rule of vice and weakness prevails, it will vegetate with rank and baneful luxuriance.... In despotic governments, a weak prince will always be governed by courtiers, parasites, pimps and buffoons, who studiously fob and cater for his vices. The voice of wholesome admonition is never suffered to approach him, or is rejected with disdain; misrule provokes, and weakness invites rebellion or conspiracy, and some successful usurper assumes the sceptre. The repetition of such events, in a greater or less degree, fill up the monotonous history of despotic governments. They excite no emotions of sympathy, whether of sorrow or of joy, because they are neither the causes nor the indications of a change in the happiness and destiny of mankind. But when similar circumstances, and a series of causes, strictly parallel, announce the death of liberty, the rise of despotism, and the melancholy truth that a people is unfit for freedom and self-government, the mind which does not experience sensations of deep and agonizing sorrow, must be dead to every generous and noble feeling.
The same vices and defects which in despotic governments, produce a change of dynasties, transform republics into despotisms. In civilized societies, superiority of mental endowments is the only ground of personal pre-eminence, when not counteracted by institution. The reign of physical force ceases with the commencement of civilization, and the empire of the mind keeps pace with the progress of refinement. It follows, that as the people must always possess the physical force of a country, it can never be in the power of an individual to enslave them, except by the ascendancy of mental talent, courage and address, over ignorance, weakness and credulity. What courtiers are to monarchs, such are demagogues to the people; in both cases the sovereign is flattered and deluded into false security and supineness, until the people are robbed of their liberty or the monarch hurled from his throne. An ignorant public will neither estimate measures by their utility, nor men by any just standard of merit: the theatre of political life will be abandoned to demagogues and traitors; the true patriot will be excluded from office by the very qualities which entitle him to it; the road to popular favor will lie through the foulest avenues of intrigue, flattery and venality. Is the existence of such a state of things to be expected to continue? Is its continuance even to be wished?
The ancient republics owed their downfall not only to the defective state of political science, but to the corruption of manners produced by the influx of wealth and luxury into the cities; and republican government at that time was confined to cities. From this latter source of degeneracy, the American people may fairly calculate on an exemption, since the art of printing has extended the sphere of democratic rule, and diffused it over a surface incompatible with the existence of idleness and luxury. But the press, which ought to be considered as the sacred palladium of liberty, the pure, unadulterated vehicle of truth and useful instruction, among an unenlightened people, will be rendered subservient to the gratification of a depraved, vitiated appetite for defamation and scurrility. The same absence of interesting and elevated thought, which in private society, renders slander an interesting subject of conversation, transfers itself into the press, and some mercenary hireling becomes the dishonorable pander to the most degrading of human propensities. The United States have already witnessed a great perversion of the press; it only requires to be more general, to sap the foundations of popular government, and consign it to merited destruction. A scurrilous press is as certain a criterion of a depraved and brutal taste, as is the existence of a brothel, of licentious morals. Both must have customers or they could not exist.
It is customary with the seekers of popularity, to endeavor to ingratiate themselves, by false and fulsome compliments on the intelligence of the people. Measures of a dangerous and anti-republican tendency, have been defended upon the ground of their having received the approbation of all the virtuous and enlightened people; when in fact, the virtuous and enlightened people never bestowed a thought or a care about them. Such language can answer no other purpose than to induce unfounded vanity, apathy and supineness. The people seldom judge of measures by a calculation of remote consequences, and are only roused to a scrutiny of the conduct of government, by a direct and palpable appeal to their mercenary feelings. Although I am disposed to allow my countrymen all due credit for the qualities which they really possess; for their prompt and principled submission to the laws, the alacrity which they have displayed in their support, and for their readiness to resist encroachment on their rights, wherever it has been seen or felt; yet the truth is too important to be concealed, that we are more indebted for our civil liberty, to accidental, local and temporary circumstances, than to any moral superiority which we possess.... The simplicity of occupation, which is almost entirely agricultural, and the dispersed population of the country produces a simplicity of manners, favorable to the success of republican institutions. The facility of procuring subsistence, generates independence, and does not permit the debasing vassalage, which in older and more populous countries subjects the poor to the rich. There are no large commercial cities, filled with a needy, brutal and lawless populace, offering at once, convenient instrument for violence and insurrection, and a plausible pretext for the exercise of military force. Finally the remoteness of our geographical position from foreign nations, reduces almost to a cypher, the probabilities of war, that fruitful parent of all moral and political calamity.
The laws of nature preclude the expectation, that these circumstances of external and physical situation should be perpetual. The progress of population is rapid; another generation may behold our country, in a situation every way dissimilar, both in the number of inhabitants and nature of their occupations. The fate of millions of their future inhabitants of America is now to be decided. It will depend on the energy and
patriotism of the present generation, to determine whether they shall consist of enlightened, free, virtuous and happy citizens, or an ignorant, debased populace, prepared to be the dopes, instruments and victims of such abandoned ruffians as Aaron Burr.
In two future numbers I propose to offer some observations to the public, first on the system of education most suitable to the citizens of a republic, and secondly on the means of effecting the general prevalence of such a system of education. PHOCION.
WE have commenced in this day's paper, the public discussion of the most interesting and animated debate which occurred in Congress during the last session—we mean the discussion of Mr. Broom's resolution to make further provision by law, to secure the privilege of the writ of Habeas Corpus to persons in custody under or by color of the authority of the United States. The very able and patriotic speech of Mr. EPPES on this subject (for which see opposite page) will richly reward an attentive perusal.
Nothing farther has transpired concerning the Treaty with England; the statements given in our two last numbers relative to the copy received by Mr. Erskine from his government, is believed to be correct. We may, however, expect shortly to hear of the receipt of it by our government, directly from our Ministers. Mr. Purviance, secretary to Mr. Monroe, has been appointed by them the bearer of the treaty and accompanying dispatches; and as he left London on the 8th of January, his arrival may be daily looked for.
BURR ACQUITTED! It will be seen from the following extract of a letter from a gentleman of undoubted veracity, dated Natchez, 7th February, to his friend in the City of Washington, that Burr has had another sham trial, & been acquitted.
"Col. Burr's arrival here has caused a great bustle, and almost stopped all business. He has been brought before a court here, who had no jurisdiction in his case; and a grand jury has been found, who have not only acquitted him, but presented the government for meddling with him. If this is conceived abroad to be the sentiment of the people of this territory, it will be very wrong, for it is quite the contrary. This was a jury, packed by —. He has since made his escape, and the executive have this morning issued a proclamation, offering 2,000 dollars to any one who will take him up again. It being all a botched affair. I hope this presentment may not be misconceived by the general government; for I can confidently say, that there is no part of the union more averse to a separation in general, than this territory; altho' some things in the land law, have given much umbrage."
From a London Paper. The disorder in the eyes of the king often times makes him very impatient, and the physicians take care that he shall not occupy himself with things the purport of which is of a nature to affect him, still his majesty has read and re-read for the second and third time, the first bulletins of the grand French army. They have tho' it prudent since to keep him from the knowledge of them; the five last have not been read to him, he stopped at the seventh, he asks often if new ones have not arrived; they answer him in the negative, he draws agreeable consequences from this, which have a good effect on his mind.—Observer.
A company of Hebrew Volunteers, under the command of Capt. Myer Moses, has been raised at Charleston, (S. C.) and were lately reviewed with peculiar satisfaction by Col. Roper and Major Ward. The officers are all native Carolinians, esteemed and distinguished by the company for their known courage and respectability.
MARRIED—On the 12th instant, WILLIAM LIGHTFOOT, Esq. of Charles City (Sandy Point), to the amiable and accomplished Miss NANCY ELLISON, of Hanover.
MARRIED—At Passawunk, (district of Maine,) Mr. Samuel Smart, to Miss Sally Paine.
Two lovers pierc'd by Cupid's dart, Long sigh'd for Hymen's chain, She kindly wish'd to have her SMART, And he to have her PAIN.
A priest they call'd, nor call'd in vain, His blessing to impart; He soon gave longing Samuel PAIN, And made fond Sally SMART.
Departed this life on the 15th inst. at the White House, New Kent, Mr. JAMES ANDERSON, in the 63d year of his age.
CUSTOM HOUSE—RICHMOND.
ENTERED. Sloop Chancellor, Butler, Norfolk. Morning Star, Gray, Milford. Planter, Cary, Norfolk. Little Jim, Godwin, ditto. Schrs. Jane, Pearson, Philadelphia. Sloop Sally Ann, Hicks, New-York. Resolution, Cobbs, Norfolk. CLEARED. Schrs. Dispatch, Smith, New-York. Active, Hassan, Boston. Ann, C. Creighton, New-York. Welcome Return, J. Creighton, do. Sally, Travers, do.
Rees's CYCLOPEDIA.
Part 1 of vol. 3, of the above work, is now ready for delivery at this office. March 17.
Wanted a Situation,
EITHER in a Counting-House, or behind a Counter—A young Man who has been bred to the Mercantile business, and come well recommended, a line addressed to A. Z. and left at Cabell'sburg post office, will be regularly attended to. March 10, 1807. 1m
POSTSCRIPT.
WASHINGTON CITY, March 11.
THE SPANIARDS AGAIN.
There is a report, which has been current in town yesterday and to-day, that on Monday an express arrived at the seat of government, charged with dispatches from governor Claiborne, of the Orleans territory. These dispatches are said to state, that a war with Spain has become inevitable—that the Spaniards have become insufferably insolent—that they are collecting at different points in considerable force, and as some have the report, they have actually crossed the Sabine, and have taken possession of their former position in the neighborhood of Natchitoches.—Federalist.
The New-York papers announce the arrival at that place of Mr. Purviance, bearer of the treaty between the United States and Great Britain, in the ship Enterprise, in forty days from London.
Yesterday's Western Mail.
We give the following as we received it, by yesterday's Western mail. It is copied from the Kentucky Gazette.
LEXINGTON, Feb. 21. Reports were yesterday in circulation in town, that gen. Wilkinson has been killed by col. Burr. The account is said to have been brought from Louisville by captain Shresbly, and although no particulars were given in the morning, yet before night we were told, that gen. Wilkinson had attended at Washington as a witness against Burr, and that whilst giving his testimony, he was shot by Burr with a pistol. We do not conceive any of the reports entitled to credit.
[By referring to the Natchez head below, it will be perceived that the above account cannot be true.]
NATCHEZ, February 10.
COL. BURR.
On Monday the 2d inst. an adjourned session of the supreme court of the Mississippi Territory was held in the town of Washington, to which Aaron Burr was recognised to appear and answer such bill of indictment as might then and there be exhibited against him. Col. Burr appeared on the day mentioned in his recognisance, attended by his counsel William B. Sheds and Lyman Harding, Esqrs. Agreeable to a venire facias, issued by the Hon. Thomas Rodney and Peter B. Brum, a jury of seventy two free holders appeared in court, and on the day following twenty three of their number were selected by the court as a grand inquest.
On Wednesday evening, the grand jury were discharged, and Col. Burr demanded a release from his recognisance—this the court refused. He did not appear in court on Thursday morning, as was expected, and in a day or two, it was reduced to a certainty, that he had made his escape.
At a Supreme Court, held for the Mississippi Territory, at the town of Washington, on Tuesday the 3d Feb. 1807.
THE Grand Jury of the Mississippi Territory, on a due investigation of the evidence bro't before them, are of opinion that Aaron Burr has not been guilty of any crime or misdemeanor against the laws of the United States or of this their Territory, or given any just occasion for alarm or inquietude to the good people of this Territory.
The Grand Jury present as a grievance, the late military expedition, unnecessarily as they conceive, fitted out against the person and property of said Aaron Burr, where no resistance had been made to the ordinary civil authority.
The Grand Jury also present as highly derogatory to the dignity of this government, the Armistice (so called) concluded between the Secretary, acting as Governor, & the said Aaron Burr.
The Grand Jury also present as a grievance, destructive of personal liberty the late military arrests, made without warrant, and as they conceive, without other lawful authority; and they do seriously regret that so much cause should be given to the enemies of our glorious constitution, to rejoice in such measures being adopted in a neighboring Territory, as if sanctioned by the Executive of our country, must sap the vitals of our political existence, and crumble this glorious fabric in the dust.
PHILANDER, SMITH. Foreman.
In consequence of the escape of Col. Burr, the governor of the Mississippi Territory has issued his proclamation, offering a reward of two thousand dollars for apprehending and delivering him to the President of the United States or to himself.
LAW BOOKS
JUST RECEIVED AT THIS OFFICE.
Saunders' Reports, vol. 1. Subscribers will please apply for their copies. Fonblanque on Equity, 2 vols. Bacon's Abridgment, 7 vols. Equity Pleader's Assistant, 2 vols. Coke on Littleton.
Law Grammar, or an introduction to the theory and practice of English jurisprudence.
The Trials of William S. Smith and Samuel G. Ogden, in the Circuit Court of the U. S. for the New-York district, in July, 1806—with a preliminary account of the proceedings of the same court against them in the preceding April term. A general Abridgment of Cases in Equity, &c. 3 vols.
Burn's Law Dictionary. Mitford's Pleadings. Lawyer's Magazine.
WHERE ALSO MAY BE HAD, Durnford and East's Reports, 8 vols. East's Reports, 6 vols. Espinasse's Reports. Dallas's Reports, 3 vols. East's Crown Law, 2 vols. Dyer's Reports. Bosanquet and Puller's Reports, 3 vols. Buller's Nisi prius. Burrow's Reports, 5 vols. March 16.
JUST RECEIVED,
AND FOR SALE AT THIS OFFICE, THE HISTORY OF NAPOLEON BONPARTE, Emperor of the French and King of Italy.

Valuable property for sale.
ON Friday, the 20th day of March next, on the premises, will be SOLD, to the highest bidder, A Valuable tract of Land, Belonging to the estate of Duncan McLaughlin...
WANTED, A DISCREET industrious Woman, as a house-keeper...
COMMITTED to the jail of Prince George county on the 26th day of August last, a negro man who calls himself JIM...
FOR SALE, And possession given the 1st of January next, A valuable tract of Land, In the county of Albemarle...
JUST RECEIVED & FOR SALE, In addition to our extensive assortment of BAR-IRON...
LESUEUR & SAUNDERS Are now receiving and will constantly keep a large supply of Bar-Iron & Castings...
PUBLISHED BY SUBSCRIPTION, DR. REES'S NEW CYCLOPEDIA, OR Universal Dictionary of Arts & Sciences...
THE work will be printed in large quarto, with new types, cast for the purpose...
TO Subscribers. The four first half volumes are ready for delivery at the Book-Store of Samuel Pleasants, jun.
A FRESH SUPPLY OF Church's Cough Drops Is just received from the Proprietor's Dispensary New-York...
FOR SALE,
70 3-4 Acres of Land,
FOUR and a half or five miles from this place—about 25 or 30 acres of which are cleared...
JOHN SEAYRES. Cumberland, Jan. 13, 1807.
WHEREAS some time past, I purchased a piece of land in Goochland county...
Wm. SHEPPARD. 9th November, 1806.
TO RENT,
THE BRICK HOUSE, at the Falling Garden, at present occupied by S. Pleasants Jr...
JAMES LOWNES. 10th Month, 3d 1806.
I DESIGN the ensuing year, with the aid of a qualified teacher, to attempt the tuition of 15 Females...
Gerard Banks. Goochland, 27th Sept 1806.
MATTRESSES.
CAN he had on very short notice, MATTRESSES of all sizes & kinds, agreeably to order...
Jno. S. Pleasants. Jan. 1st, 1807.
BOOK BINDING,
IN all its variety, is executed by the subscriber, at the Argus printing office...
Printed Books bound in the most elegant and substantial manner, in morocco and calf...
WILLIAM LOWNES. Richmond, Feb. 16, 1807.
WANTED,
AN APPRENTICE to the Book Binding business, A youth of respectable connections...
W. L. Richmond, Feb. 16, 1807.
Land & Negroes for Sale.
By virtue of a deed of trust executed to me by Thomas Randolph, to secure the payment of a debt due Isaac H. Coles...
J. COLES, Jr. March 2, 1807.
Removal.
DOCTOR JEAVINGS has lately removed to Col. Callaway's large white house in New-London...
30th January, 1807.
FOR SALE.
My tract of Land,
In Powhatan county, containing between nine hundred and a thousand acres, and lying within two miles of the courthouse...
SAM. BASKERVILLE. Powhatan, Jan. 4th, 1807.
Wanted,
Fifty thousand Red Oak Barrel Staves.
Apply to THO: RUTHERFOORD & Co. 18th February, 1807.
Sales at Auction.
Will be SOLD, by the subscribers on Tuesday the 14th day of April next, on the premises,
THE HOUSES and LOT,
at present occupied by Thomas Underwood, esq. consisting of an excellent brick dwelling house...
PROSSER & MONCURE, Auc'rs. Feb. 25, 1807.
The following Slaves,
To wit: Hannah, Levinia and one unnamed Child of Hannah, belonging to the estate of Thomas Dixon...
Jones R. CHRISTIAN, Com'r New-Kent, 22d Feb. 1807.
WILL BE SOLD,
At Public Auction,
On the seventh day of April next, sundry Valuable LOTS,
With and without improvements, lying on the Main-street, passing through Adams's Valley...
THOMAS PULLING. Richmond, 18th Feb. 1807.
Land for Sale.
By virtue of a deed of trust executed to me by William Tear, to secure the payment of a debt due James Murphy...
JOHN HIGGINBOTHAM, Trustee. Warminster, 18th Feb. 1807.
FOR SALE.
Next door to Mr. William Temple's, Allum Salt, & New-England POTATOES...
Richmond, March 6th, 1807.
Notice.
ALL persons are forewarned from using or taking Sand from the Sand-Bar, called Coutts's, without the previous consent of the subscribers...
Samuel McCraw, Pleasant Younghusband, Trustees Richmond, 20th Feb. 1807.
WILL BE SOLD,
LOT OF GROUND,
Situated in the city of Richmond and near William Hay's Brewery—its No. in the plan of the city is 620...
March 9th, 1807.
Reports of Cases
ARGUED AND DETERMINED IN THE SUPREME COURT OF APPEALS OF VIRGINIA...
Cornelius Buck, John Murchie, David Patterson, tds Feb. 23d, 1807.
WILL BE SOLD,
On the premises, without reserve, to the highest bidder, between the hours of 11 and 12 o'clock, on Monday the 30th inst.
The following Property,
Viz: One two story brick house 43 by 20 feet Single wood, 32 18. Four do. do. Smaller.
All neatly finished and calculated for dwellings, seated on handsome and well enclosed lots on Shockoe hill...
ARCH'D. PLEASANTS, Jr. March 5th, 1807.
LANDS for SALE.
THE Subscriber will dispose of TWO SMALL Tracts of Land, in Powhatan county...
The one on which he lives, upon very reasonable terms:—One of them containing four hundred and twenty acres...
W. BENTLEY. Powhatan county, Jan. 20th, 1807.
FOR SALE,
Good of their kinds and low in price, which will be sold for cash, or exchanged for country produce, by
JOE GREENE. Richmond, March 6th, 1807.
Notice.
IN consequence of an error in the above advertisement, the word Teas being taken for "Tear," the sale of the above tract of land is postponed until Saturday the eleventh day of April next...
John Higginbotham. March 9, 1807.
Fifty Dollars Reward.
RUN away in January last, from the subscriber, living in Louisa county, Virginia, a negro man named MARTIN...
JAMES POINDEXTER. Feb. 20th, 1807.
TICKETS in the Second Class of the William and Mary College Lottery are for sale at this office.
Feb. 23d, 1807.
WILL BE SOLD, at Amherst courthouse,
on the 28th day of March next, by virtue of a deed of trust executed by Richard Davenport...
SIX NEGROES,
Viz: Anthony a boy, Peter a boy, Isabel a woman, and her three children, Eliza, Julian and Hannah...
MARTIN DAWSON, Trustee. Milton, 21st Feb. 1807.
TO RENT,
THE TENEMENT,
Lately occupied by Mrs. Whitaker, in an agreeable, retired situation, and very convenient for a family.
WILLIAM MUMM. Richmond, March 2, 1807.
The Imported Horse,
PAUL,
Is a beautiful sorrel, fifteen hands three inches high, remarkable for his elegance, beauty, strength and fine bones...
THOMAS HARRIS, Jr. Millwood. Feb. 27, 1807.
GOUTY,
IMPORTED last fall, by Brown & Rives, will stand the ensuing season at my stable in Amherst, five miles from New-Glasgow...
Robert Rives. February 16th, 1807.
Notice.
ALL persons are forewarned from using or taking Sand from the Sand-Bar, called Coutts's, without the previous consent of the subscribers...
Samuel McCraw, Pleasant Younghusband, Trustees Richmond, 20th Feb. 1807.
WILL BE SOLD,
LOT OF GROUND,
Situated in the city of Richmond and near William Hay's Brewery—its No. in the plan of the city is 620...
March 9th, 1807.
Reports of Cases
ARGUED AND DETERMINED IN THE SUPREME COURT OF APPEALS OF VIRGINIA...
Cornelius Buck, John Murchie, David Patterson, tds Feb. 23d, 1807.