The enquirer (Richmond, Va.), 1807-09-22 00:00:00

The Enquirer.
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE POST-OFFICE.....AT FIVE DOLLARS PER ANNUM.....(PAYABLE IN ADVANCE.)
VOLUME 4.]
RICHMOND, TUESDAY MORNING, SEPTEMBER 22, 1807.
[NUMBER 39.]
VIRGINIA BANK STOCK.....102.
Richmond Prices Current.
   D. C.     Tobacco, : 4 1/2 to 6 00   Wheat, new, : 9 3/4 to 100   Flour—SUPERFINE, new, : 5 ca/b   Fine, : 4 50   Corn, per barrel, : 4 00   Bacon per lb., : 16   Bar Iron—per ton, : 110 to 120   Hemp—per ton, : 200 to 210   Whiskey—per gallon, : 54  
NOTICE.
TO SUBSCRIBERS.
NO BANK NOTES, except of VIRGINIA, will, hereafter, be received in payment at the Office of the ENQUIRER: The practice of transmitting other Notes, not current among us, has become so general, that this measure is deemed indispensably necessary.
TO ADVERTISERS.
NO ADVERTISEMENTS will, in future, appear in the ENQUIRER, except they are previously paid for, or the payment guaranteed by some responsible person, residing in Richmond or Manchester. The price of advertising 20 lines, or less, in print, is 46 3/4 for the first insertion, and 2 1/2 for every insertion thereafter. There will no exceptions be made to this Rule. September 12. tf.
AT CITY POINT FOR ROTTERDAM.
The good fast sailing copper-bottomed Ship, RUSSELL, Capt. TABER, Now on her second voyage, is in complete order for the reception of a cargo, and having a large proportion of the same engaged, will be dispatched in all the present month—for terms of freight apply to Richard Blow, Esq. Portmouth, R. & A. Pollock & Co. Richmond, or BUCHANAN & POLLOCK. Petersburg, Sept. 9. eptf.
FOR FREIGHT OR CHARTER.
THE FINE AMERICAN SHIP BROTHERS, Capt. DINGLEY, Burthen 210 Tons, Now at Bermuda Hundred or City Point. For terms apply to Wm. BROWN & Co. Richmond, Sept. 19. tf.
LAND FOR SALE.
The subscriber wishes to sell THAT valuable FARM, on which he resides, containing by actual survey 1199 3/4 acres. The Land is generally level and equal to any in the neighborhood. There are about 15 or 20 acres of excellent Meadow. It is situated on Mattopony river, 8 miles above the Court House, two from King William Court House and about thirty miles from the City of Richmond, and adjoins the lands of Col. Larkin Smith, Gen. H. Young and others. The improvements are a large Dwelling House, too stories high, with four rooms and a passage on each floor, a good barn, stable, carriage house and a brick store house, completely fitted for a retail store. Also, a granary, on a wharf where vessels drawing ten feet water can load. Its situation is very eligible for a professional character, on account of its contiguity to several Court-houses. He will sell the whole or the improvements with a part of the land as may suit the convenience of the purchaser. Terms may be known by application to Charles Hill in Richmond, or to the subscriber in King & Queen county. EDWARD HILL. law1m4f. Sept. 19.
Europe.
NEW-YORK, September 14.
The recent arrivals at this port from England have furnished us with regular files of almost all the papers printed in London. They afford a great deal of interesting political intelligence. The following articles are in continuation of our selections of Saturday:
Merc. Adv.
LONDON, August 4.
The letters from Holland state that the new code of restrictive laws against the English commerce, was immediately to be distributed, and enforced with all possible rigor.
Many of the letters received yesterday from St. Petersburg, indicate a strong probability of the departure of many of the English merchants residing there for Great-Britain; they add, that the commercial treaty has been enlarged for three days only; this was done on the 28th of June, to continue to the first of July.
August 5.
The difference with America, with respect to the late conflict, we are happy to learn, is in a fair way of adjustment. Our ministers, in their conferences with the American ambassador, have not insisted in the right of searching ships of war. This point being surrendered, we trust that the transaction will be soon hurried in oblivion.
August 6.
Sir James Craig, is to go as chief governor of British America.
August 7.
A strong sensation of dread relative to our future communication with Portugal pervades the public mind. We think it very probable, that the French emperor intends to take measures to cramp that lucrative branch of commerce which we carry on to the Tagus. Nay, it is not likely that the Portuguese government has received an intimation to that effect, which, although not publicly known, they have been transmitted to our ministers, and occasioned those vague reports on the subjects that are now so general.
August 8.
No intelligence has as yet been received from the expedition. All the taxes which subsisted under the ancient regime in France, have been revived, and augmented to a degree almost intolerable to the subject. The new impost on salt (gabelle) has raised the value of that necessary commodity five pence halfpenny English per pound. The gross annual amount of revenue collected, is computed at eight hundred millions of francs, upwards of 83 million sterling.
August 9.
In the House of Commons, last night, Mr. Whitbread suggested the propriety of short adjournments in the present critical state of the country. He was answered by the Chancellor of the Exchequer, who declared explicitly, that it was intended to prorogue Parliament as soon as the public business should be disposed of.
The funds continue to decline—Omnium left off yesterday at 1 1/4 discount. A letter from Dundee, dated on Saturday last, says, "Seven vessels have arrived this day from the Baltic, the captains of which agree in stating, that there is not the smallest appearance of hostilities against this country in the Sound or in the Baltic, the Danish fleet is not so much as rigged."
FROM THE FRENCH PAPERS.
PARIS, July 24. Since the conclusion of the pacific conferences at Tils at Tilsit, the interrupted series of army bulletins has been renewed. The first inserted in the official paper of this day is as follows:
EIGHTY-SEVENTH BULLETIN
OF THE FRENCH GRAND ARMY.
The Emperors of France and Russia, after 29 days residence at Tilsit, where the Imperial Palaces were in the same street, and at no great distance, took leave of each other with the greatest cordiality, and at three o'clock in the afternoon of the 9th. The journal which contains an account of what happened between them will be very interesting to both nations.
At half past four the Emperor Napoleon having received a visit from the King of Prussia, who came to take his leave, set out for Konigsberg, where he arrived at 10 at night. The King of Prussia went to Memel.
Yesterday the Emperor Napoleon inspected the posts of Konigsberg, in a boat manned by the Imperial Guards. To-day his majesty will review Marshal Soult's corps, and at two o'clock to-morrow he will set out for Dresden. The number of Russians killed in the battle of Friedland amounts to 17,500, the prisoners to 40,000; 18,000 of whom have passed through Konigsberg, 7,000 remain sick in the hospitals, and the rest have been conducted to Thorn and Warsaw. Orders have been issued to send them home to Russia without delay; 7,000 have returned again to Konigsberg. Those in France are to be formed into provisional regiments. The Emperor has ordered them to be clothed and armed.
The ratifications of the treaty of peace between France and Russia were exchanged at Tilsit on the 9th. The ratification of the treaty of peace between France and Prussia, will be exchanged this day.
The plenipotentiaries charged with the negotiations were, on the part of France, the Prince of Benevento; Princes Kurakin and Labanoff, on the part of Russia; on the part of Prussia, Field Marshal Kalkreuth and the count de Goltz.
After such events as these, one cannot but smile when the great English Expedition is mentioned, and at the new frenzy which animates the king of Sweden. Besides, we may remark, that the army of observation between the Elbe and the Oder, is 70,000 strong, exclusive of the grand army, without including the Spanish division, which are now upon the Oder also. It was, therefore, necessary for England to bring her whole force together, her soldiers, her volunteers, fencibles, &c. in order to have made a division of any interest. But when we take into our account, that England, under the present circumstances, has sent 30,000 men to Egypt only to be slaughtered by the Arabians, and 7,000 men to the Spanish West-Indies, we can alone feel sentiments of pity for the extravagant avarice with which that Cabinet is tormented.
The peace at Tilsit puts an end to the operations of the army; notwithstanding this, all the Prussian coasts and ports will be shut against the English, and it is probable that the continental blockade will not prove a mere found.
The Porte is included in the treaty. The revolution which lately occurred at Constantinople, was the antichristian revolution, which has nothing in common with the policy of Europe.
The Adjutant commandant Guilleminot is gone to Belgrade, where he will communicate to the grand Vizier the intelligence of the peace, and the liberty given to the Porte to take part in it, as well as of the conditions of the treaty in which the Porte is interested.
NAPLES, July 3.
One Augustin Mosca, calling himself a colonel in the service of King Ferdinand, convicted of having received from Queen Caroline, and and the marchioness of Villa Tronto, an order to assassinate the king of Naples, and also of having received instructions to that effect from the Abbe Scagliotti, &c. has been condemned, on the 1st of this month, by a military commission to make the amende honorable, before the front of the church of the New Jesus in a red shirt, with a lighted torch in his right hand, and from thence to be conducted to the market place to be impaled upon a stake there planted. His body, after the execution, is to be delivered to the flames, and his ashes to be thrown to the wind—This sentence, in conformity with our ancient criminal jurisprudence, was yesterday carried into execution, in the midst of an immense crowd of spectators.
TONNINGEN, July 26.
We have just learned that Bernadotte is gone on an important mission to Copenhagen. Great apprehensions have been entertained of the fate of Holstein, the garrison of Hamburg having been greatly augmented from 15 to 16,000 men, the greater part of which are now, however, on their march towards Holstein.
TREATY
BETWEEN PRUSSIA AND FRANCE.
Conditions of Peace between his Majesty the Emperor of the French and King of Italy, and his Majesty the king of Prussia. His Majesty the emperor of the French, King of Italy, and Protector of the confederation of the Rhine, and his majesty the king of Prussia, animated with the same desire of putting an end to the calamities of war, have, for that purpose appointed plenipotentiaries, namely, On the part of his Majesty the Emperor of France and king of Italy, protector of the confederation of the Rhine, M. Ch. Maurice Talleyrand, prince of Benevento, his great chamberlain, and Minister for foreign affairs, &c. &c. & on that of his majesty the king of Prussia, M. Marshall Count de Kalkreuth, knight of the Prussian Orders of the Black and Red Eagle, and Count Von Goltz, his privy counsellor, envoy extraordinary, and minister plenipotentiary to his majesty the emperor of all the Russias, and knight of the Prussian order of the Black Eagle, who, after the exchange of their several full powers, have agreed on the following articles:
Article I. From the day of the exchange of the ratification of the present treaty, there shall be perfect peace and amity between the king of Prussia and the emperor of France.
Art. II. The part of the Duchy of Magdeburg which lies on the right bank of the Elbe; the Mark of Pregnitz, the Uckermark, and the new Mark of Brandenburg, with the exception of the Circle of Rottur, in Lower Lusatia; the Duchy of Pomerania; Upper, Lower, and New Silesia, with the county of Glatz; the part of the district of Nefs which lies to the north of the road from Driesten to Schneidemuhl, and to the north of a line passing from Schneidemuhl by Woidau, to the Varta, and to the frontiers of the Circle of Bromberg Pomerania; the island of Nogat, and the country on the right bank of the Vistula and the Nogat, to the West of old Prussia; and to the Circle of Culmer; finally, the Kingdom of Prussia, as it was on the 1st of January, 1772, shall be restored to his majesty the king of Prussia, with the fortresses of Spandau, Stettin, Custrin, Glogau, Breslau, Schweidnitz, Niess, Brieg-Cosel, and Glatz; and, in general, all the places, citadels, castles, and forts of the abovementioned, shall be restored in the state in which they at present are: the town and citadel of Gdany, with the villages of Neudorf, Parlschen, and Schwierzkorzy, shall likewise be restored to his majesty the king of Prussia.
Art. III. His majesty the king of Prussia acknowledges his majesty the king of Naples, Joseph Napoleon, and his majesty the king of Holland, Louis Napoleon.
Art. IV. His majesty the king of Prussia in like manner acknowledges the confederation of the Rhine, and the present state of the possessions of the sovereigns of which it is composed, and the titles which have been bestowed on them, either by the act of confederation, or by subsequent treaties. His said majesty likewise engages to acknowledge those sovereigns who, in future, shall become members of the said confederation, and the titles they may receive by their treaties of accession.
Art. V. The present treaty of peace and amity shall be in common for his majesty the king of Naples, Joseph Napoleon, for his majesty the king of Holland, and for the sovereigns of the confederation of the Rhine, the allies of his majesty the emperor Napoleon.
Art. VI. His majesty the king of Prussia, in like manner, acknowledges his imperial highness prince Jerome Napoleon as king of Westphalia.
Art. VII. His majesty the king of Prussia cedes, in full right of property and sovereignty to the kings, grand dukes and dukes, and the princes, who shall be pointed out by his majesty the emperor of the French and king of Italy, all the Duchies, Margravates, Principalities, Counties, and Lordships, and in general all the territories and domains, and all territorial property of whatever kind, or by whatever title possessed, by his majesty the king of Prussia, between the Rhine and the Elbe, at the commencement of the present war.
Art. VIII. The kingdom of Westphalia shall consist of the provinces ceded by his majesty the king of Prussia, and of other states which are at present in possession of his majesty the emperor Napoleon.
Art. IX. The arrangements which his majesty the emperor Napoleon shall make in the countries alluded to in the two preceding articles, and the occupation of the same by those sovereigns in whose favor he shall make such arrangements, shall be acknowledged by his majesty the king of Prussia, in the same manner as if they were contained and stipulated in the present treaty.
Art. X. His majesty the king of Prussia renounces for himself, his heirs, and successors, all actual or future right which he has or may acquire, 1. To all territory without exception, situate between the Elbe and the Rhine, and in general to all not described in Art. VII. 2. To all possessions of his Majesty the king of Saxony and of the House of Anhalt, situated on the right Bank of the Elbe. On the other hand, all rights or claims of the states between the Rhine and the Elbe to the possessions of his majesty the king of Prussia, as they are defined by the present treaty, shall be for ever extinguished and annulled.
Art. XI. All negotiations, conventions, or treaties of alliance, that may have been publicly or privately concluded between Prussia and any state on the left bank of the Elbe, and which have not been broken by the present war, shall remain without effect, and be considered as null and not concluded.
Art. XII. His majesty the king of Prussia cedes the Circle of Kottbus, in Lower Lusatia, to his majesty the king of Saxony, with full right of proprietorship and sovereignty.
Art. XIII. His majesty the king of Prussia renounces for ever possession of all the provinces which formerly constituted parts of the kingdom of Poland, have at different periods come under the denomination of Prussia, excepting Ermland, and the country to the West of Ancient Prussia, to the East of Pomerania and the Newarke, to the North of the Circle of Halin and a line which passes along the boundaries of Bromberg and the road from the Schneidemuhl to Driesten, which provinces, with the town and citadel of Graudenz, and the villages of Neudorf, Parlschen, and Schwierzkorzy, shall in future be possessed, with all rights of proprietorship and sovereignty, by his majesty the king of Prussia.
Art. XIV. His majesty the King of Prussia renounces, in like manner, possession of the City of Danzic.
Art. XV. The provinces which his Majesty the King of Prussia renounces in the 13th article, with exception of the territories mentioned in the 11th article, shall be possessed with right of property and sovereignty by his majesty the King of Saxony, under the title of a Dukedom of Warsaw, and governed according to a constitution which shall secure the liberties and privileges of the people of that Duchy, and be conformable to the tranquillity of the neighbouring States.
Art. XVI. To secure a connection and communication between the Kingdom of Saxony and the Duchy of Warsaw, the free use of a military road shall be granted to the King of Saxony through the States of his majesty the King of Prussia. This road, the number of troops which shall pass through it at one time, and the place at which they shall halt, shall be settled by a particular agreement between the two Sovereigns, under the mediation of France.
Art. XVII. The navigation of the River Nels and the Canal of Bromberg, from Driesten, to the Vistula and back, shall remain free from any toll.
Art. XVIII. In order to establish, as much as possible, natural boundaries between Russia and the Duchy of Warsaw, the territory between the present boundaries of Russia, from the Berg, to the mouth of the Lausova, and a line which passes from the said mouth, and along the channel of that River, the channel of the Bobro to its mouth, the channel of the Narew from its mouth to Suradzy, the channel of the Liza to its source near the village Mien, and of the two neighbouring arms of the Narew, rising near that village, and the channel of Nurzek itself to its mouth, and lastly along the channel of the Bug, up the stream to the present boundaries of Russia, shall for ever be incorporated with the Russian Empire.
Art. XIX. The City of Danic, with a territory of two miles circumference, shall be restored to its former independence, under the protection of the King of Prussia and the King of Saxony, and be governed by the rules by which it was governed when it ceased to be its own mistress.
Art. XX. Neither his majesty the King of Prussia, nor his majesty the King of Saxony, shall obstruct the navigation of the Vistula by any prohibition, nor by any customs, duty, or imports whatever.
Art. XXI. The city, port, and territory of Danzick, shall be shut up during the present maritime war against the trade and navigation of G. B.
Art. XXII. No individual of any rank or description whatever, whose property and abode are situated in such provinces as formerly belonged to the kingdom of Poland, or which the King of Prussia is henceforth to possess; and no individual of the Duchy of Warsaw, or residing within the territory incorporated with Russia, or possessing any landed property, rents, annuities, or any income whatsoever, shall, either with regard to his person, his estates, rents, annuities, and income, nor with respect to his rank and dignities, be prosecuted on account of any part which he may have taken either in a political or military point of view, in the events of the present war.
Art. XXIII. In the same manner, no individual residing or possessing landed property in the countries which belonged to the King of Prussia, prior to the 1st Jan. 1772, and which are restored to him by virtue of the preceding article; and in particular, no individual of the Berlin civic guard or of the gens d'armes, who have taken up arms in order to maintain tranquillity, shall be prosecuted in his person, his estates, rents, annuities, or any income whatsoever, or in his rank or dignity, nor in any manner whatsoever, on account of any part which he may have taken in the events of the present war, or be subjected to any inquiry.
Art. XXIV. The engagements, debts, or obligations of any nature whatsoever, which his majesty the King of Prussia may have contracted, or concluded prior to the present war, as respects of the countries, dominions, and revenues, which his majesty cedes and renounces in the present Treaty, shall be performed and satisfied by the new possessors, without any exception or reformation whatsoever.
Art. XXV. The funds and capitals which belong to private persons, or public religion, civil, or military allocations, in countries belonging to the King of Prussia, or which he renounces by the private treaty, whether the said cap. is vested in the Bank of Berlin, in the Cheu. of the Territory of Novitrate, or in any other manner, in the dominions of the King of Prussia, shall neither be confiscated nor attacked by the proprietors of the funds or capitals shall be at liberty to dispose of the same, and they are to continue to enjoy the interest thereof, whether such interest be already due, or may yet become due at the periods stipulated in the conventions or bonds; the same shall, on the other side, be observed with regard to all funds and capitals which are vested by private individuals, or public institutions whatsoever, in such countries as are ceded or renounced by his Prussian majesty by virtue of the present treaty.
Art. XXVI. The archives which contain the titles of property documents, and in general all the papers which relate to the countries, territories, dominions, as well as the maps and plans of the strong places, citadels, castles, and forts, situated in the above mentioned countries are to be delivered up by the Commissioners of his said majesty, within the term of three months next ensuing the exchange of the ratification of this treaty, to commissioners of his majesty the Emperor Napoleon, with regard to the countries situated on the left Bank of the Rhine; and to commissioners of his majesty the emperor of Russia, of the King of Saxony, and of the city of Danzic, with regard to all the countries which their said majesties and the city of Danzic are in future to possess, by virtue of the present compact.
Art. XXVII. Until the day of the ratification of the future definitive treaty of peace between France and England, all countries under the dominion of his majesty the king of Prussia, without any exception whatsoever, shall be shut against the trade and navigation of the English. No shipment to be made from any Prussian port for the British Isles or British Colonies; nor shall any ship which sailed from England, or her Colonies, be admitted to any Prussian port.
Art. XXVIII. The necessary arrangements shall immediately be made to settle every point which relates to the manner and period of the surrender of the places which are to be restored to his majesty the king of Prussia, and to the Civil and Military Administration of the said countries.
Art. XXIX. The prisoners of war taken on both sides are to be returned without any exchange, and in mass, as soon as circumstances shall admit.
Art. XXX. The present treaty shall be ratified by his majesty the emperor of the French, and his majesty the king of Prussia, and the ratifications shall be exchanged at Konigsberg by the Under-Signed, within the term of six days next ensuing the signing of the treaty.
Done at Tilsit, 9th July, 1807. (t. s.) Signed, C. M. TALLEYRAND, Prince of Benevento. (t. s.) Signed, Count KALKREUTH, Field Marshal. (t. s.) Signed, AUGUSTUS COUNT GOLTZ. The ratifications of this treaty were exchanged on the 12th July, 1807.
September 15.
The following well-written remarks from Bell's Weekly Messenger, a London paper, will be read with much pleasure, by every real friend to the U. S.
CONSEQUENCES AND IMPOLICY OF A WAR WITH AMERICA.
The intelligence of the week has produced one event upon which it is impossible to reflect without a sentiment of indignation. The intemperance of one of our Admirals has nearly involved us in a war with America. The intemperance of the party-writers at home has hurried them not only to approve of the conduct of our Officers, but to make the unqualified assertion, that a war with America would be an undoubted good—as absolute advantage to us.
A war with America as undoubted good! We really wish that these advocates for war would consult the Merchants of London, Liverpool and Bristol. They would soon be compelled into other conclusions.
America, say these advocates, monopolizes the whole of our Colonial Carrying Trade. This is a manifest injury to British Commerce. Indeed! Why is it, good friends, that our merchants prefer the Americans as carriers to carriers of their own nation? For no other reason, but because as a neutral, America can afford to take their commodities at a lower freightage. And is not this an indispensable advantage both to the individual merchant and to the general commerce of the country? Are not our commodities thus enabled to come cheaper to market, and thereby ensure a more certain and more speedy sale.
It appears, therefore, in this point of view the carrying trade of America is of real Benefit to the general commerce of England.
But the shipping trade, say the party-writers, must proportionately suffer.—Certainly. But it will not, we hope, be contended, that the interests of the general commerce are to be sacrificed to one particular branch—the Shipping or country trade.
There are, indeed, certain advantages, which are essential to Neutrals, and which no Belligerent Power should grudge to its neutral neighbour, inasmuch as they themselves fully participate in the benefit. Commerce would not only long languish, but, in many respects would be totally extinguished, if these neutral mediums were to be prohibited.
In what manner for example, is it, that our colonial produce obtains admission into France and Germany, in despite of all the oppressive regulations of the French emperor? It is only through these neutral mediums. In a word, what America takes with one hand, she gives us tenfold with another. She is above a carrier or an agent. Her flag covers the English as well as the French manufactures. She has no partiality but that of gain, and as this may be procured equally on both sides, so will America be found equally advantageous to both.
If America were to be cut off from the Carrying Trade, say the Party Writers, the British merchant would be compelled to employ his own countrymen. We have already answered this argument. The employment of the neutral medium is of benefit to the general commerce, and the interest of one branch must not be contended at the expense of the whole. The merchants must not send their commodities into foreign markets, at a price amounting to a prohibition of all purchase, for no other purpose but that they would employ their own countrymen. They must not pay convoy and insurance on commodities (sugars, for example) which will scarcely pay the simple freightage.

A very shallow objection is here made. These commodities, say they, are articles of necessity; the buyers must have them, and will therefore pay the price, be what it may.
In the first place, other commodities will enter into competition with them, and though not so good, the difference being more than compensated by the inferior price, will assuredly take a preference.
In the second place, in the circumstance of any advanced price, even the necessary buyers take a less quantity than usual. But this diminished consumption is so much dead loss to the merchant and manufacturer. It will not, we hope, be contended, that there is a new thing in the advance of price which can indemnify him for his diminished sale. The advanced price is but the defrayment of his advanced expense. If he add anything beyond it, is a forced augmentation of his profits beyond their natural level, and of course subjects him to be underfold by those who will sell at a fair profit. He gains nothing, therefore, as we have above said, by his advanced price and therefore must necessarily lose by his diminished sale.
Such, then, would be the necessary effects of forcing trade into an unnatural channel—of compelling our merchants, in event, and under every circumstance, to employ only British shipping; and dismiss the neutral medium.
Our Commerce would suffer, and ultimately our Shipping. We should shortly have more ships, but fewer commodities. The ship builders would then have just cause of complaint, that had employed their capitals in building vessels, which have only to rot in the docks.
The result is, that nothing is to be gained by a war with America. In her carrying trade, she carries for us, and the carries for our enemy. It would be a manifest injury to our general commerce to deprive her of the former, and with respect to the latter, we should not gain that of which we should deprive America. We could not supply her place by becoming carriers to our enemies; neither should we much distress the enemy by cutting off this means of conveyance—we should only throw this carrying trade into another channel—whilst the Danes are neutral, it would be to no purpose to cut off the neutral medium of America.
We might add, that we perhaps gain as much on one hand as we lose on the other by this neutral communication—America carries English manufactures as often at least as she carries French—We might almost say, that in her character as a neutral trader she carries far more anything else but English goods.
We have entered into some detail upon this subject, as there seems to be a strange misconception upon the very first principles of political economy—It is contended, for the first time, that the merchant will lose nothing by being compelled to sell dear; and that is a matter of perfect indifference in commerce, whether the commodity reaches its market by a direct road, and therefore at a natural price, or through all the obstacles of possible interruption, and therefore at a very disproportionate and a very unnatural price.
"The only difference would be," say they, quoting the words of Mr. Randolph, an American Senator, "that the Americans will have to give a Joe for a commodity, where they formerly gave a dollar."
This might be the difference to such a man as Mr. Randolph, who could equally afford to have the commodity whether it cost a Joe or a dollar. But it would be very different with respect to the Americans in general. Every one could not purchase at a Joe who purchased at a dollar. Some would endeavour, therefore to do without it, others would begin to think of substitutes.—Necessity is the mother of invention. Let us not drive the Americans to resources from which it may be afterwards very difficult to recall them.
PHILADELPHIA, Sept. 17.
Extract of a letter, dated
"HAMBURG, 26th July."
"My last reports of the 22d ult. advised you of the hope we had of our river being freed from the Blockade on neutral ships. I now embrace the earliest opportunity of informing you, that it is now taken off by the British consul at Altona granting certificates to all that apply for that purpose, on free goods."
"Our market for teas is likely to be cheaper from many arrivals shortly expected; fine yellow nankeens are wanted; spices are in great demand, indigo will certainly keep up; coarse muslins, from the large quantities on hand in Copenhagen, are very dull, but finer sorts are saleable, bandanas are of slow sale."
Extract of a letter from an American gentleman in London, to his friend in this city.
"Since I wrote you last, I have ascertained the following facts."
"1st. That our government instructed our ministers not to agree to any treaty, that did not make an American ship, A Sanctuary for Seamen ."
"2d. That the British commissioners absolutely refused to insert any clause to that effect in the treaty in as much as it went to encourage desertion from their ships, and when deferred thereby protected."
"3d. That our ministers in consequence, declared the negotiation at an end."
"4th. That the British commissioners solicited a continuation of the negotiation on all the other subjects, which was agreed to upon the express condition that such partial treaty should not be held official on the part of the United States."
"5th. In lieu of the article regarding seamen insisted upon by our ministers, the British commissioners in form of a letter, avowed the practice they would pursue towards the U. States regarding seamen."
"6th. There was no additional article to the treaty (as was supposed), but the British commissioners addressed a letter to our ministers (after Bonaparte's decree of Blockade) declaring themselves at liberty to counteract the measures France might pursue under that decree, unless America refused the encroachments of France."
"7th. That the treaty in other respects was as favorable and reciprocal as could reasonably be expected."
"No apprehensions exist of any change of sentiment towards America in consequence of the new administration. In case no treaty should be agreed upon, we shall only be considered to stand on the ground we did before we had a treaty with this country. Our sea-letter ships will not be permitted to enter as American ships in British ports."
THE EXPEDITION.
The Grand Northern Expedition, under the command of Admiral Gambier, failed yesterday from Yarmouth, with a brisk and fair wind at South-west.
The fleet under the command of Ad. Gambier, who has hoisted his flag on board the Prince of Wales of 98 guns, consists of that ship, seventeen 74's, five 64's, ten frigates, and nineteen smaller vessels, from 12 to 18 guns each, besides a number of cutters, &c.
The expedition has on board a great number of flat bottomed boats. With the troops which
it has taken out, and those that have passed the Sound, we shall have in that quarter a force little short of 30,000 men.
Arrived at Salem, on Tuesday last, the ship Wells, Lamson, 88 days from St. Petersburg. Touched at Copenhagen, where Capt. L. perceived a considerable degree of satisfaction among the Danes, at the success of the French arms, on account of its effect upon the English against whom there is a prevailing antipathy.—Capt. L. saw two fleets of English transports, with troops pass over the ground for Strafford; their numbers said to be 40,000; and he passed another fleet between the Scaw and the Naze. These troops had been long before expected by the Russians, so as to have made a diversion in favour of the common cause; but their arrival was too late to produce any effect.
Domestic.
In a Quebec paper of August 13, we observe a proclamation laying an embargo on all "vessels wholly or partly laden with warlike stores of any description."—The embargo is to continue till January.—Another proclamation ordains, that the Legislative Assembly of Lower Canada be convened on the 25th of September, to act upon matters concerning the state and defence of the province.
LEXINGTON, September 1.
By a gentleman from the state of Ohio, we learn, that a number of the neighboring Indians have come into our settlements, and claim the protection of the United States—having been threatened by the Northern Indians on the lakes, that if they did not unite with them in a war against the United States, they should be attacked by the said Northern Indians.
Indian Depredations.—A letter from a gentleman of respectability in Lewiston, on the Niagara river, to his brother in this town, dated the 19th inst. contains the following intelligence:
That capt. Connelly, of the Schooner Wilkinson, arrived there from Detroit, who informs, that when he left there the town was in a state of the utmost alarm in consequence of the hostile conduct of the Indians, about 500 of whom had encamped on Detroit river, opposite the town, dressed and painted in a manner that indicated war—that a few of them had attacked a white family, and wounded the man, but on the alarm being given they were dispersed—that the inhabitants of Detroit were engaged in fortifying the town, and had already enclosed it with pickets and erected a block-house in the centre. In addition to this, the letter states that an express arrived at Chipewyan on the 19th, with information that the Indians had killed several families; and that in consequence of this news, a person of influence with the Indians was dispatched from Chipewyan to Detroit. The inhabitants of Canada were as greatly alarmed as those of the U. S. The object of the Indians was supposed to be plunder.
(Canandaigua paper.)
At a meeting of the Philadelphia Republican Conference, it appears that Wm. Duane, Editor of the Aurora, has been nominated as a candidate for the Office of Senator, to represent that district in the Legislature of the state, by a large majority.
The Enquirer.
RICHMOND, 22d SEPTEMBER.
TRIAL OF AARON BURR.
SKETCH of the celebrated ARGUMENT held, on the propositions submitted to the Court respecting the charge of Treason .
[CONTINUED.]
Mr. Wirt's Speech Continued.
I proceed to examine the gentleman's second point. It is this; no farther evidence is admissible under this indictment, because the fact must be proved as laid; and as the indictment charges the prisoner with levying war on the island where it is proven he was not, there is an end of the case; no farther evidence can be let in under this indictment.
Under this head the gentleman began by commenting on the omission of the word public in the indictment; "why did not the attorney for the U. S. charge the prisoner with levying public war , instead of merely charging him with levying war; why was the word public left out?" and then with a countenance insinuating even more than his expression, asked, "whether the word public was omitted to render the indictment more palatable to the Grand Jury?"
The answer is a very simple one; the indictment was drawn from an authentic copy of the indictment in the case of Fries; it is an exact transcript of that indictment with a mere change of names. There the word public is not found. Nor is it necessary that it should there be found. The indictment pursues the constitution and act of Congress and transfers from those instruments verbatim the definition of treason. The constitution does not say that treason shall consist in levying public war against the U. States; but simply in levying war against them. So also is the act of Congress. An indictment purporting that definition in express terms is certainly sufficient to all intents and purposes. The word public is surely of no importance. The gentleman, indeed, on the second day of his argument admitted that it was of no importance; and acknowledged his error in saying, that this was the first indictment which had omitted it. He acknowledged that in the second indictment of Fries it was omitted. It was natural to have expected that the gentleman, on this discovery, would have retracted the ungenerous insinuation that the word had been intentionally omitted in order to render the indictment more palatable to the Grand Jury. He thought proper, however, to let the insinuation remain where it was. Be it so. The attorney has the consolation that his purity is to be estimated by his country, and not by the prisoner or his counsel.
But it seems that the indictment charges the act to have been done with divers persons unknown; and we attempt to prove that it was done with persons who were known. This is an objection which I had supposed the manliness of the gentleman's understanding would have rejected. He thought proper, however, in the dearth of other materials to urge it with his wonted spirit and to attempt to support it by authorities. He does not pretend, indeed, that any author elementary or practical, has ever asserted that this is necessary . He does not pretend that any judge has ever declared it so. But he infers it from the specification of other names in several indictments during the protectorship of Oliver Cromwell. He cites the cases of Hewitt and Mordaunt. I have examined those cases. They are not indictments for levying war; they charge the prisoners with delivering military commissions to several persons, who are named, in behalf of Charles II. Their offence, from the nature of it, re-
quired the naming of Charles the II. and those to whom commissions were delivered. But in the treason of levying war the most usual form is to charge the war to have been levied with persons unknown, and that in cases where the persons certainly were known. Thus Lord Balmerino and the earls of Kilmarnock and Cromartie were in arms together on the field of Culloden. They were taken prisoners together; they were severally indicted on the same day for the same offence; arraigned on the same day; and although, therefore, it is clear that they were all known to the attorney for the crown, yet each indictment charges them to have levied war with persons unknown. The gentleman says it is not enough to charge the prisoner with levying war; but that in the overt act we should have set out the particular acts which were done by the prisoner, and the evidence by which we meant to charge him. I deny, Sir, that this is law. It is a question strictly legal, and therefore is to be decided by authority. East, 1 vol. page 116, after stating that in every indictment for high treason, the particular species of treason must be charged in the very terms of the statute of Edward as the substantial offence, adds that "then some overt act must be laid as the means made use of to effectuate the traitorous purpose." He proceeds, "The overt acts so laid are, in truth, the charge to which the prisoner must apply his defence. And therefore it is in no case sufficient to allege that the prisoner compassed the king's death, or that he levied war against him, or adhered to his enemies; for upon a charge so general and indefinite he cannot know what acts he is to defend. The particular acts of compassing and adherence must be set forth; and in the other instance" (that of levying war) "it must be alleged that he assembled with a multitude armed & arrayed in a warlike manner & levied war;" & thus in our indictment it is alleged. East proceeds, "The indictments against Damaree & Purchase for pulling down meeting houses charged that they with a multitude to the number of 500 to the jury unknown, armed and arrayed in a warlike manner with clubs and flaves, and other arms offensive and defensive, levied war against the queen. No exception was taken to the indictment by Damaree's counsel; but on behalf of Purchase it was objected that there ought to have been an overt act laid of the treason; because there being such a variety of facts which amount to levying war, if the particular facts intended to be brought forward against the prisoner were not alleged, he could not know how to make his defence. But it was resolved by all the judges upon conference that the indictment was good; and that levying war being an overt act of itself no other overt act need be alleged." The indictments in those cases are substantially stated by Foster 213-14 and the indictments themselves will be found in 8 State Trials 218-19. Now in those cases the acts which these men did and which constituted their crime was pulling down meeting houses; but in the indictment there is not a word of meeting houses or any other houses; the overt act is, that with a multitude armed and arrayed in a warlike manner they levied war against the queen: and the court upon solemn argument, and after a conference decide unanimously that the indictment is sufficient, and let in the particular evidence under it. And as to the overt act's stating the evidence on which we mean to rely, it is expressly declared by East 121, on the authority of a variety of cases which he cites, that "it is not necessary that the whole detail of the evidence should be set out." In direct confirmation of this doctrine are Foster 194. 220. 1. H. H. P. C. 122. 4. St. Trials 722 Lowick's case, and 4 St. Trials 696-7 Rookwood's case.
Mr. Wickham does not say that this minute specification on which he insists has ever been adjudged necessary, but he infers it from the form of indictments in several cases which he has cited. They do not support him. In the cases of Balmerino, Cromartie and Kilmarnock, it is true, as I have before stated, that those indictments lay as one overt act the entering and taking possession of the town and castle of Carberry; but in the first named case this specification is declared to be unnecessary; and it is said that the general overt act of levying war with an armed multitude would be sufficient to let in the evidence. These cases, therefore, instead of supporting Mr. Wickham disprove the doctrine for which he contends. He will insist, however, that wherever it was intended to criminate a man by accessory acts, the particular acts which he does, must be set out; and to prove this he again cites the indictments in the cases of Hewitt and Mordaunt before mentioned, and of Cornish. I answer first that no legal principle can be safely inferred from the mere forms of the indictments in the State Trials. They have been continually shifting and changing. Thus the case cited by Mr. Randolph from the first State Trials exhibits an indictment which is really a legal curiosity: the treason there charged is compassing the King's death and the indictment is as much in detail as Pope's history of the parish clerk. But the inference that this detail is necessary is refuted by express authority; 1 East 124-5 on various authorities informs us that it is sufficient in that species of treason (comprising the King's death) to lay as the overt act that A. and B. met and proposed the King's death. Besides, what becomes of this inference from an indictment so much in detail (at a period when Mr. Randolph says not a ray of judicial light had touched the English horizon) when in modern times of greater light the indictments exhibit nothing of this detail. An inference from these modern indictments, that this detail is not necessary, is certainly as fair as the inference from the ancient indictments that it is necessary. Thus your inferences are in conflict and destroy each other. I refer you to the case of Iwick and Rockwood first cited for another purpose, to show that this minute and circumstantial form of indictment is exploded. I refer you also to the Apprentices case 2 St. Trials 531 to show that under the general indictment for levying war, they go, in England, into the circumstances of the case at large. And secondly I answer to Mr. Wickham's cases, that neither of them is for levying war. Hewitt and Mordaunt were indicted for giving commissions to officers of the exiled king; and this is not charged as accessory to any greater act, as levying war. The indictments are restricted to the single fact which I have stated and contemplate no ulterior act. How then can it be said that those acts are of an accessory nature, when the sole fault in the case is consummated by the acts themselves which are charged, without borrowing any portion of that guilt from any subsequent occurrence? The other case that of Cornish charges him with promising assistance to the Duke of Monmouth; and here his indictment stops: it does not look to any thing else (as Monmouth's invasion) to complete the prisoner's guilt. His guilt is the promise: not the levying of war. There is nothing therefore in these cases to warrant the principle that when a man is attempted to be implicated by accessory acts in the treason of levying war, those accessory acts must be detailed. There is nothing in them to prove that the charge of levying war with an armed multitude is insufficient; on the contrary in the only case in which this point
came directly in question before the court, it was unanimously and solemnly declared to be sufficient.
Is it not sufficient in reason as well as in law? Is it to be believed that A. Burr is not sufficiently apprized by this indictment of the charge against him to prepare for his defence? Has he not prepared, Sir? Look at the fact. Himself states that he has announced twenty or thirty witnesses.
Let us not then, Sir, by these captious exceptions unsupported either by law or reason, permit ourselves to be turned aside from the enquiry before us. Reason and law concur in showing that there is nothing in Mr. Wickham's second point to obstruct the evidence.
OPINION of the Court—Delivered on
FRIDAY, September 18.
Two questions arise from the present motion.
1st. Is the judge who composes this court, either as a court or as a magistrate, authorized to commit any person for trial in the Mississippi Territory?
2dly. Is the verdict which has been rendered in this court a bar to a prosecution either in the same or a different state, for different overt acts of the same treason?
On the first point I will observe as preliminary to a consideration of the act of congress which is supposed to give the power contended for, that I have been inclined to think the territorial courts were erected, not under the 3d. art. of the constitution which defines the judicial power of the U. States, but under the 4th article which enables Congress to make all needful rules and regulations for the government of their territories. One reason for this opinion is that the territorial courts have cognizance of cases over which Congress under the 3d. article are incapable of giving jurisdiction to the circuit courts of the U. States. I do not mean to say that the circuit system may not be extended to the territories. I only mean to say that the existing territorial courts are not created in virtue of that article which creates and defines the judicial power of the U. S.
The act which is denominated the judicial act passed immediately after the formation of the constitution and appears to have had exclusively for its object the organization of a system under the 3d. article of that instrument.
Its title is "An act to establish the judicial courts of the U. States;" and it contains no reference to a territorial court.
The second section divides the U. States into districts, no one of which includes any portion of territory not then included in some State. In this section then the term "U. States" designates the states composing the Union in exclusion of that territory which was governed by the U. States. The word "district" in the same section obviously means a judicial district created by the act. The term is plainly used in the same sense in the 3d. section and in every other part of the act where it is employed. So the term "circuit court" is never employed but with a plain reference to the courts created by the act: and under this construction the supreme court has refused to take cognizance of an appeal from a territorial court.
The 3d section authorizes any justice or judge of the U. States to arrest and commit for any offence against the U. States; and because an offence against the United States may unquestionably be committed in a territory, it is argued that these words authorize a judge here to arrest and commit for trial there.
If these words stood unconnected and uncontrolled by others I should not consider the sentence as absolutely free from doubt, although perhaps I might give it the construction required by the counsel for the U. States. Some doubt would be induced by the subject matter on which the words are employed. An arrest and commitment of an offender is necessarily for the purpose of bringing him to trial, and an act creating particular courts of criminal jurisdiction in order to give effect an important article of the constitution, and authorizing the judges of those courts to arrest and commit offenders for trial generally, might be construed without departing far from acknowledged rules, to authorize a commitment for trial in those courts only to which the constitution and the law related.
But all doubt upon this subject is removed by the particular words of the act.
Every person admits that a legislative act like any other instrument, is to be taken altogether, and that general phrases may be explained, and restrained or enlarged by other words which demonstrate the sense in which those general phrases were used. Now the sentence authorizing an arrest and commitment for trial proceeds to say before what court such trial must be had. It must be before the court which by that act has cognizance of the offence. How then can the authority extend to a commitment for trial, before a court which by that act has no cognizance of the offence? Which derives its jurisdiction from a different act, and is distinct in its character and in its powers? The words "such court of the United States as by this act has cognizance of the offence," are not senseless. They are operative words which form an important part of the description of the power given. How then can they be rejected? The words which authorize the district judge to remove the person committed into that district in which he is to be tried must obviously mean that judicial district, and refer as plainly as a reference can be made to that district, in which the commitment expresses that the offender is to be tried. On this the committing judge decides.
It has been contended, that because the court for the Mississippi Territory has, by a subsequent act of Congress jurisdiction over all offences committed within the territory, that the grant of jurisdiction to that court enlarges the power of the committing magistrates of other courts.
The correctness of this deduction can not be admitted. I cannot comprehend that train of reasoning by which the grant of power to one court can be considered as enlarging the powers of magistrates belonging to another court, having no relation to the newly created court, and who are not in any manner contemplated by the act creating that new court.
But if this point could have been involved in doubt, that doubt is, I think, removed by the circumstances existing at the passage of the judicial act. A territorial court was then in being, exercising its jurisdiction over offences which were committed within the territory. The court for the western country as I perceive, from the journals of the old Congress, was formed soon after the passage for the ordinance for its government. If immediately after the passage of the judicial act, a judge had been required to commit an offender for trial before that territorial court, what must have been his answer? He must have said Congress has empowered me to commit for trial only before a court created by the judicial act. On the policy of their motives for this restriction, I am not to decide: such is their will and I am bound to obey it.
If such must have been the construction of the law with respect to the territorial court, existing at the time, such must be its construction with respect to other territorial courts created since on the same model.
I am on these reasons perfectly clear that I have no power to commit for trial in the court for the Mississippi territory, and of consequence it would be altogether improper in me to go into an enquiry on a subject on which I cannot act.
The second question is much more doubtful. It is a constitutional question of great importance, and one which I ought not to decide, unless it becomes absolutely necessary, while a single doubt respecting it exists on my mind. I have attended to the arguments which have been urged on both sides and doubts upon it do yet exist.
I acknowledge the force of the argument so repeatedly urged, that levying war is one continued crime; and the different overt acts of the same war, are as much parts of the same treason, as different flabs or different doses of poison given to the same individual are parts of the same murder. The differences between levying war and a felony may be in some measure this. If for felony as robbery or burglary, a man be indicted in the wrong county, he is charged in a jurisdiction in which no part of the offence has been committed; but if he be indicted for levying war
within a district through which the force has passed, he is indicted within a district in which a part of the offence has been committed. The argument at bar formed upon this distinction has great weight with me. They defer to be more maturely considered. So far as respects overt acts within the same jurisdiction they are perhaps conclusive.
My doubt consists in this. The overt act now charged could not have been laid in the indictment on which Col. Burr has been tried. There is therefore considerable force in the argument that his acquittal does not prevent a distinct indictment for the war in Kentucky. My judgement is not decidedly formed upon this point. I shall therefore bear the testimony relative to the conduct of the accused within the United States, and shall in the mean time, reflect further on this subject. In the course of this reflection it is impossible not to allow much weight to the arguments delivered to day, especially to that which shows the difference between murder and treason in this, that proving a murder to be committed in another country does absolutely disprove the indictment.
In the course of this argument an incidental altercation at the bar has produced some commentaries on the construction given by this court to the opinion of the supreme court, in the case of Holman and Swartwout, which I do not think myself at liberty to pass over altogether without notice.
Reports are very possibly in circulation that this court instead of obaying has absolutely reversed a decision of the supreme court. While such reports would be entirely incorrect on this point of fact, they would cast an imputation on this court, which, I flatter myself, will never be merited. But such reports may circulate with great facility, and the labor of reading the opinion to which they refer, and which would certainly refute them, will be taken only by a few. If then a declaration made from the bar head of constitutional reverence that of the supreme court, should be heard unresisted, I certainly might be ungrateful to acquiesce in the remark and to countenance any reports which might be circulated to the same effect. I therefore feel myself bound to declare that I have given what I believe to be the sound and true legal construction of the opinion of the supreme court; and I feel myself further bound to state to gentlemen the particular parts of that opinion on which there has been a difference between the construction made by the court and that made by the counsel for the prosecution.
The points inferred from that opinion by the counsel for the United States were,
1st. That war might be levied without the application of actual violence to the objects to which it was intended to be applied.
2dly. That a man might be indicted as being present on an overt act committed by others in his absence.
On the first point, as must be recollected, this court concurred with the counsel for the prosecution. Their construction was declared to be correct. But because war might be levied without the application of force, they had concluded that war might be levied without the existence of force, and therefore that war was levied on Blennerhassett's island.
I attended to the arguments of gentlemen with all the powers I possess. It required no effort to do this, for their arguments commanded attention: but I do not recollect one sentence from either of them, indicating the idea that the opinion of the supreme court dispensed with potential force, with the posture of war; or that they had reflected seriously on this question. The court made certainly a very elaborate investigation of this point, but it was produced not by any misconception of it stated at the bar, but in consequence of misconceptions understood to have been formed elsewhere, and because it constituted an important question in the case then on trial.
The second point was one on which there was clearly an opposition between the construction of the law made by the counsel for the prosecution and that of the court. On the part of the prosecution it was clearly understood that an absent man might be indicted for an overt act committed by another. I am persuaded that gentlemen if they will examine the train of reasoning by which their minds were convinced to this conclusion, will find themselves that they have been misled by ideas drawn from other sources than the opinion to which this error has been imputed. By the common law, accessories in treason are principals and they have understood a declaration that a man leagued in a conspiracy may become a traitor by performing a part distinct from that of appearing in arms as an adoption of this common law principle. I am persuaded that when the feelings created by warm constestation shall subside, gentlemen will themselves admit that this conclusion has been precipitately drawn.
No sensation whatever has been excited by the remarks which have occasioned these observations, other than the opinion that this explanation has been rendered necessary by them.
Gentlemen will, if they please, proceed with their testimony relative to the conduct of the accused in the United States.
Latest proceedings.
MOTION FOR COMMITMENT.
Since our last the court have been occupied by the Examination of evidence relative to the motion for commitment, and by defusory discussions arising on various points of that evidence. As the first is infinitely more interesting & perhaps more important to the public, we shall be obliged to content ourselves with stating the general points of discussion as they occur; particularly as there is at this moment some reasonable ground of expectation and hope that a vast mass of Evidence is about to appear before the court, and to solicit publication in our paper.
Saturday was principally occupied by the discussion on points of evidence; and Jacob Dunbaugh was the only witness before the court. His examination was not then completed. The principal question was; how far testimony could be drawn from points beyond the limits of a state to elucidate the transactions at the mouth of Cumberland; and between that point and the Chickasaw Bluffs. The Chief Justice decided, that either actual or potential force was necessary to constitute the overt act of treason; and that any evidence as to those might clearly be admitted; but that if the act was equivocal , as the assemblage of the party at the mouth of the Cumberland appeared to be, that then it was necessary to resort to other evidence to explain the character of the assemblage, or the colour of the act; and that this evidence might be drawn from presumptive sources, even if they lay beyond the limits of a state. He observed, that standing in the character of a committing magistrate, he was disposed to let in any evidence explanatory of such a doubt, although he might not perceive its bearing or its relevancy.
Mr. B. denied that there could be any equivocal act in law; and every act must be either innocent or guilty; and that no explanatory or collateral evidence could be introduced to explain the evidence of an overt act. He denied that there could be an overt act of treason, unless there was either actual or potential force; either actual hostilities or virtual intimidation; and that his was the first and only case in which it had ever been decided, that a mere military attitude was sufficient to constitute treason.
On Monday, Mr. Burr came prepared to discuss the propositions which he had advanced on Saturday. He added that no man could be more dissatisfied than himself with the delay which such an argument could produce; but he had an additional reason for desiring such a delay; as he had that morning received two letters, which intimated that evidence was coming on, tending to prove that the public & himself had been sacrificed and that

The Chief Justice was extremely unwilling to hear any argument on these propositions, but if the gentlemen believed it to be essential, he would hear them with a great deal of attention. He could have no objections to any delay, if it should contribute to introduce testimony on either side, that would serve to explain things in a manner not before explained.
After some remarks on the inhumanity of detaining the witnesses here; Mr. Hay then announced his intention of taking their deposition. He gave notice of his intention of taking their depositions at the Washington Tavern immediately. The opposite counsel objected to this course. The Chief Justice declared that it was extremely probable he should hear these depositions, if they were taken. Mr. Hay & Mr. McRae accordingly left the court for that purpose.
After some deftly conversation the counsel for Col. Burr waved the argument which they intended to urge, and the court proceeded with the Examination of the Evidence. Jacob Dunbaugh was again introduced, and examined at considerable length. He was followed by James McDowell, for the second time, and by Israel Miller—in the course of these proceedings, Mr. Hay suggested the propriety of discharging such witnesses as had already been before the court on the treason case. Mr. Burr objected to this discharge. He observed, that Mr. Eaton should at all events attend the court; and he intended to disqualify his Evidence; and to show that he ought not to be received as a witness in a court of Justice.
On Tuesday the examination proceeded. Jacob Dunbaugh was again called in. He was followed by Stephen S. Welch; by William Love, for the second time; by Samuel Mozeley; Chandler; Lindley and John Mulholland.
Mr. Hay then observed, that it was unnecessary to trouble the court with a repetition of such testimony by other witnesses; that he had only another witness whom he wished to introduce on those points (David Elk, who was now sick, and whose deposition must be read in evidence) that he had hitherto produced witnesses who had been at the mouth of Cumberland, to explain the complexion and intentions of this party, and that he should proceed to-morrow to produce other witnesses, who had not there been present, to explain those intentions still more distinctly.
After some conversation the court adjourned till to-morrow 10 o'clock.
EXAMINATION OF EVIDENCE.
FRIDAY, Sept. 18.
James McDowell.
Mr. Hay. Did you go as low as the Chickasaw Bluffs? A. I did. Q. What number of men were assembled at the mouth of Cumberland river? A. About 100. Q. How many additional men joined them there? A. I do not recollect. Q. Did you see any boxes of Arms? A. No. Q. Did you see any guns with bayonets? A. I saw a few. Q. Any pistols? A. Six or eight pair; and some rifles. Q. Do you know of any men who joined them at Fort Massac? Mr. Burr objected to this question. Fort Massac was in the Indiana Territory. Mr. Hay. Did you see any powder? Yes. Q. What quantity? A. A couple of small cakes. Q. Did you see any bullets; and what quantity? A. I helped to run some myself, & I saw one barrel about two thirds full. I saw those bullets below Bayou Pierre. Q. Did you see Bannermast and Smith? A. Yes. Q. Did this party seem to be under Burr's command? A. They said, it was Col. Burr's boats and party. They regarded themselves as under his direction. Q. Were there any other officers apparently under Burr's command? A. Yes. Col. Tyler was an officer and Mr. Bannermast seemed to be one; but not to have so much command as Col. Tyler. Mr. Wirt. Did you see a Agricultural tools such as Ploughs and Hoes, adapted to the settlement of lands? A. Not any. Q. Were there any families; that is, any men with their wives? A. There were 2 families. Q. Of what description of character was this party composed? A. Principally of young men. Q. Did they appear to be men, accustomed to plantation labour? A. Some of them appeared fit; but most of them seemed like gentlemen.
Mr. Hay presumed that it would not be departing from the opinion of the court, if he asked a question concerning some transaction out of the U.S. which might serve to elucidate the state of the party at the mouth of Cumberland. Might he not, for instance, enquire whether the witness had seen any boxes of arms at Bayou Pierre; because it was perfectly fair to infer, that if they had not been subsequently received, they must have been with the party at the mouth of Cumberland river. Mr. Burr. No precise inference can be drawn from that circumstance; because those arms may have been received into the boats below the line of Tennessee.—The Chief Justice thought it a proper question: If the attempt to be proved were done in the U.S., evidence might be drawn from any place to prove them. But no evidence could be produced to prove an act, that was done in the U.S. Mr. Burr. This is really a strange mode of inferring circumstances by contrast. The witness says expressly that they were not at the mouth of Cumberland, and yet he is to be interrogated whether he did not see them at Bayou Pierre. Mr. McDowell. I did not say, that they were not at the mouth of Cumberland. I said only, that I did not see them there. Mr. Hay. Was there then any fact to induce you to believe that there were boxes of arms on board? A. I did not see them. But they took them in some boxes at Bannermast's island. Q. Did they take in any boxes between the mouth of Cumberland and Bayou Pierre? A. None.—Mr. Wirt. You say that there were about 100 men at the mouth of Cumberland river. Was there any accession to this party afterwards? A. It was increased before we got to Cole's Creek. Q. What was the total amount of the party? A. There were about 130 at Cole's Creek. Q. Was there any application to you to join them? A. Mr. Bannermast applied to me. Q. In what manner? A. He asked me to go along with him; but I said I did not wish to go without knowing where they were going. He was at me two or three times. He said that many men were going, without knowing any more than I did. I told him I had very little in the world; but that I did not wish to leave it in that way.
Mr. Burr here interrupted the Examination. He observed that the counsel for the prosecution were bound to prove the overt act first; that there was no impropriety in producing circumstances explanatory of the overt act; but how could these conversations between other persons, and held in his absence contribute to establish this act, or how could they affect him? Mr. Hay contended that these circumstances might contribute to show the intentions of the party and the character of the Enterprise.—The Chief Justice considered this as admissible testimony. If the counsel for the prosecution charge a military assemblage at the mouth of Cumberland, they were at liberty to produce every circumstance explanatory of the nature of that assemblage. He considered conversations among the men themselves at the mouth of Cumberland as admissible, because they contributed to show the nature of the expedition; and why should not conversations that were afterwards held, be as explanatory as those which were there maintained? The charge too, was not confined to the mouth of that river, but was extended to any place below that, which was in the limits of the U. States. It is then immaterial where these conversations passed, because they make a part of the transactions at the place actually charged. Mr. Burr objected that these conversations were not held within the United States, because the jurisdiction of Mississippi had never extended beyond the margin of the Mississippi. Some conversation here ensued, when Mr. McDowell was dismissed, and William Love (the quondam groom of Bannermast) was called into court.—
William Love.
Mr. Hay. Did you not go down with the boats? A. I went down from Mr. Bannermast's island. I considered myself as his servant. Q. Did you see any boxes of arms? A. I saw one chest in Mr. Floyd's boat. Q. How many men went from Bannermast's island? A. About 25. Q. Did any more men join you on the way? A. None. Q. Were there any other boats at the mouth of Cumberland? A. Some, but not belonging to our party. Q. Did any men join you before you got there? A. Mr. Bannermast did. Q. How many boats went from the mouth of Cumberland river? A. I do not recollect how many. Q. Were there 10? were there 6? A. There were more than 6 altogether. Q. Did no one join you at the mouth of Cumberland but Col. Burr? A. Yes, some more. Q. Who were in the other boats? A. Mr. Floyd had joined us with 3 boats at the Falls of the Ohio: one was loaded with provisions, and the rest had provisions likewise. Q. How many men were in these boats? A. I do not recollect. Q. Were there 20? A. There were about 8. Q. How many boats were there in all? A. There were four of Colonel Tyler's; two of Colonel Burr's from Nashville; 1 of Mr. Ellis's, & 2 of Mr. Floyd's, who joined at the Falls of Ohio; and captain Dean's boat, called the commissary's boat; and one small boat of Mr. Bannermast's.—Mr. Hay. Tell me what you know about the arms; and recollect what you said before on this subject.—(Counsel for the accused objected to this mode of interrogation.)—How many boxes of arms did you see at the mouth of Cumberland? A. I saw one chest and a box with rifles. There were several other chests like that one, but whether they contained Mr. Bannermast's books or the arms, I am not able to say. Q. What was the size of the chest? A. Of course as long as the mufket. Q. But of what depth? A. I never measured the dimensions, but it was about as deep as my knee. Q. Could you straddle over it with your legs? A. I could not. Q. Where did you first see this chest? A. At the mouth of Cumberland. Mr. McRae. What sort of arms? A. French. Q. I mean of what form and nature? Were there any bayonets? A. There were. Q. Was this box opened? A. It was opened by the carelessness of the people, who took it in the boat. Q. What kind of chest was it? A. It was rough. Q. Were there any others of the same appearance? A. Yes; but I know not their contents. Q. Do you recollect one thing; were these chests heavy? A. They were. Q. Did you see any other military apparatus; any bullets? A. I did. There were some bullets in a barrel, standing in the bow of one of Col. Tyler's boats. S. m. Did there were about 600 in it. Mr. Wirt. Did you see any powder? A. I am not certain whether I saw one or two; but I am certain that I saw one tin canister of powder, that was put on board at Mr. Bannermast's island.
Mr. Bannermast. You said that you saw the boxes that were said to contain my books in the commissary boat, did you notice them? A. I did notice them. Q. Did any body tell you that I had put arms on board? A. No one.
Thomas Hartley.
Mr. Hay. Were you at the mouth of Cumberland? A. No, I was at Fort Massac when the boats were there. I had left it 2 weeks before. Q. You were with Col. Burr at Fort Massac? A. I was. Col. Burr objected to this question. Fort Massac was in the Indiana Territory.—Q. Did you descend the Mississippi; and with whom? A. With Mr. Fort and Mr. Hopkins. Q. Where were you joined by Mr. Burr's party? A. Just below Fort Massac. They passed the Fort in the night; and we joined them next morning. Q. How many boats had they? A. About 8 or 10. Q. Do you know whether they had any arms in the boats. A. I saw none but fowling pieces. Q. Did you descend the river with them? A. Yes. I went to New Madrid by the directions of Col. Tyler. Q. Were you not left behind to enlist men? The counsel for the accused objected to the principle as well as form of this question. After some discussion the Chief Justice decided that the principle of the question might be relevant.—Mr. Hay. Will you state then for what purpose you were left behind? A. All the boats landed at New Madrid on New-year's day and staid 4 days. Mr. Hopkins and Mr. Fort and myself went before to get more men. We got 2; and some more joined at Nantz de Grafs. Q. On what terms did they join? A. At 12 1/2 dols. a month and 100 acres of land besides. Mr. McRae. And what services were to be performed? A. They were to go to this Ouachita country, and also to defend New-Orleans to work on Col. Burr's boats. Mr. Wirt. Was Col. Burr looked on as the head of this party? A. He was. Q. Did you and did these recruits understand that they were to be placed under Col. Burr's command? A. They were to be delivered to him; and to go on board his boats?
Crops Examined by the accused.
Mr. Burr. Who wrote the articles, under which they were engaged? A. Mr. Hopkins. Q. Repeat them. A. I do not particularly recollect them. Q. But there was something in them about the Ouachita lands? A. They were to go there after they had gone to New-Orleans.
Mr. Wirt. These men who were engaged in N. Madrid; did they join the detachment? A. They did, at the mouth of Cole's Creek. Q. Do I understand, that the sole object was the settlement of the Ouachita lands? Mr. Burr objected to these questions. How could these transactions affect Col. B. when they took place in his absence? —The objection was overruled, and Mr. Hartley replied, that the contract declared, that they were to serve for six months, that they were to settle on the Ouachita lands; but that they were to go on to New-Orleans.—Mr. Wirt. Did you see the men assembled, before they arrived at the Chickasaw Bluffs? A. I did not overtake them, before they got to Cole's Creek.—Mr. Burr. You said that they were to go to the Ouachita and to New-Orleans. Were they to go in any event? A. They were to go to the Ouachita; but the articles did not specify what business they were to follow. The only service which was mentioned, was that they were to work the boats down.—Mr. Burr objected to this kind of evidence. He contended that the best sort of evidence ought in every case be produced; and that no paper ought to be mentioned, which was not exhibited in court.—The objection was overruled; when Mr. Hay asked the witness whether he was certain they were to go to N. Orleans first. A. I am. I recollect the articles were read, after we got into the boat. Mr. McRae. And they were to serve 6 months? A. They were.
SATURDAY, Sept. 19.
Examination of Jacob Dunbaugh.
Mr. Hay. Will you describe the situation of the party at the mouth of Cumberland river? Mr. Hay. You may go down to the Chickasaw Bluffs. Mr. Dots. Go down to the Mississippi river; and whether you are to go further, the court will instruct you. Some deftly conversation here ensued on this point, after which the witness proceeded. On the 26th Dec 1807, very early in the morning, a small skiff with four men and a Mr. Hopkins, arrived at Fort Massac. Some time after the arrival of this skiff, Capt. Biffell (commandant at the Fort) despatched me for command, to go to the mouth of Cumberland river, to purchase a beef for him. Q. What were you? A. I was and am still sergeant in the army of the United States. He told me I was to call on Col. Burr with his compliments; and if Col. Burr wanted my assistance, that I was to furnish it. Capt. Biffell told me, that Mr. Hopkins, who came in the skiff with 4 men, was going up with me. When we got half way up to the Cumberland river, we stop, and I asked Mr. Hopkins his business at Fort Massac, and he said it was to ask Capt. Biffell whether he would oppose Col. Burr's passing by the fort. I got before him, on the 26th Dec, and landed; Col. B. was then encamped on Cumberland Island. After I had crossed over to the island, I saw Col. Burr and delivered Capt. Biffell's message. Col. Burr said he was much obliged to him; and that Capt. Biffell was very good. Col. B. asked me "Is not this my old friend?" I had seen him before. He said he believed I drank no brandy; and asked me if I would not have a glass of wine. When I drank, I said "here's success to Col. Burr and his undertaking;" and Mr. Bannermast (this was the first time I ever saw him) stamped his foot and said "Amen" Col. Burr told me that I must take breakfast with him next morning, I replied that I would. On the 27th, I saw Col. Burr and told him, I was going to the Garrison. He told me to bear his compliments to Capt. Biffell, and asked me if I could take a barrel of apples to him. I told him, I would. Whilst they were getting the apples on board, the wind sprung up very fresh, and I was not able to start. In the course of that day, I crossed him several times over to the Kentucky shore, and several of his men. During that day, Col. Burr asked me, how I would like to go down the river with him. I replied very well, if I could obtain the consent of my general. He said that that would make no odds: He would fix it without. This was on the 27th, and on the 28th, I called on Col. B. and told him I was going to Fort Massac. He sent his compliments to Capt. Biffell, but said he expected he would get there before me. I told him, that he might gain his barge as well as he could, I would arrive there before him. I arrived at the garrison sometime in the afternoon.
Mr. Bets. There you may stop. It is impossible to progress without running into some impropriety, unless we ascertain the limits within which the witnesses are to be confined. Mr. Hay observed that he did not mean to prove any acts at Fort Massac. —After some conversation the examination proceeded: —Mr. Hay. Did you see any military parade? A. I saw the men drawn up at the mouth of Cumberland. Q. How many men? A. I did not count them; but I suppose there were about 100. Q. What kind of men? A. Generally young men.—Mr. Wirt. Did they look like hard labourers? A. The principal part did not. Q. How drawn up? were they drawn up in a line? A. No: they were drawn up in three wings. Q. What do you mean by three wings? divisions? The witness here described their position, by drawing a figure on the floor with his foot. They described three sides of a square.—Col. Burr was introduced by Col. Tyler, beginning at the left. The party gradually fell in and formed a circle. Mr. Hay. How introduced? A. He went around and shook hands with every man. Mr. Hay. Did you not see some chiefs or officers? Mr. Burr objected to this manner of putting the question. Mr. Hay admitted that he had put the question inadvertently; he merely wished Mr. Dunbaugh to state what he knows of the chiefs of arms. Mr. Bets. State what you know of any chiefs of arms within the United States. —Mr. Hay. I did not see more than a few officers at the mouth of Cumberland.—Mr. Hay. I think the court yesterday decided, that we were at liberty to state any circumstances out of the U. States which were explanatory of the acts done within the U. S.
On this topic a long and deftly discussion ensued. The Ch. Justice at length decided, that if an overt act had been at the mouth of Cumberland river; if a military assemblage was said to be there assembled, that evidence beyond the limits of the states might be produced to show the military attitude of the party; that with respect to this particular question, if the witnesses could show that no other arms were put on board, and if certain arms were on board at a certain place, it was some presumption that these arms had been at the mouth of Cumberland river; and that he understood it was the intention of the prosecution to show that this party were in such a state at such a place, that they might be able to infer that the party were in a similar state at the mouth of Cumberland. In this point of view, he conceived that such evidence was admissible.
Mr. Hay. State then, Mr. Dunbaugh, what you know on this subject. Did you leave Fort Massac with Col. Burr? A. I overtook him at New Madrid on the 12th of January. Q. Did you then go down the river with him? A. Yes, in his own boat.—Mr. Wickham repeated his objections to this kind of evidence. How was the witness to know, whether arms might not have been subsequently put on board the boats? He was not always in Col. Burr's boat; nor was Col. Burr's boat with the rest. Can this be good testimony? —Chief Justice. The attorney is to show that hereafter. He is to show, that there was no connection between the boats and the shore. Mr. Wickham. But suppose that he has no testimony to that effect? Ch. Justice. Whether arms were subsequently introduced, is a mere matter of inference, dependant on the whole of the evidence on both sides. It depends on a variety of circumstances, such as the situation of the shore and the country, &c.—Mr. Hay. State then, Mr. Dunbaugh, what you know about the arms on board the boats. —Witness. Sometime, in January, we left Bayou Pierre, and defended to Petit Gulf 3 miles below on the opposite side. Col. Burr went ashore and returned, to the Petit Gulf. The boats all shoved off at once: Col. B's was rather behind. The night we left Petit Gulf, Col. B. and Wiley came into the bow of the boat with an axe, auger and saw. They went into Col. B's private room and began to chop. He ordered no person to go out, but I did go out. I saw a skiff lying alongside Col. B's boat. After they had done chopping, a Mr. Pryor and a Mr. Tooley got out of the window. I got on the top of the boat, and saw two bundles of arms tied up with cords, and funk by cords going through holes at the gunwales of Col. B's boat. I offered to Mr. Pryor, that he must be careful to bring up the boat, or else it could not get close to shore.
Mr. Hay. How many arms were there? A. There were about 40 or 43 Rands. I saw besides pistols, swords, blunderbusses, fuses and tomahawks. Mr. Bets. Is not the coat opposite to New Madrid a part of Tennessee? A. No; it is the Indiana Territory. Q. Were you on board any of the other boats? A. Several. Q. Did they keep together. A. They did, when they could. Q. Did you see arms in the other boats? A. I saw several bands of arms, that is, muskets with bayonets, in Floyd's boat; and
about 12 rifles. Q. Were you near enough to Col. B. at the mouth of Cumberland to hear his observations to his party? A. I was. He said there were too many men to stand to divulge his plans. Q. Were any men obtained, after you joined them? A. One, who got aboard at New-Madrid. Q. Were you convinced that Col. B. to obtain men? A. No; not citizens. Q. What do you mean by the word "citizens" Here Dunbaugh was flopped by the opposite counsel, and his examination proceeded no farther on this day.
COMMUNICATION.
Remarks on the natural advantages of the Mississippi Territory, by a Citizen of Washington County.
THE convenience of navigation, is equal, or perhaps superior to any part of the Atlantic States of the same extent. This territory is washed on the west by the Mississippi, the navigation of which is well known; the country between that river and Tombigby, is watered by the Pearl and Chickasawhay rivers, which is included in the treaty with the Chickasaw Indians; yet remaining untraversed by Congress. The Tombigby river affords the most advantageous navigation, and runs nearly through the centre of the Territory, nearly north & south; this river heads a final distance south of Tennessee river, and could, without very great expense, be connected with that river by a proper canal, a short distance, so as to carry on the trade of Tennessee and the lower part of Kentucky, through this channel, at about half the expense of carrying it on through its present channel. Shipping can ascend Tombigby as high as Franklin, just above Fort St. Stephens, with ease and safety; the tide flows considerably higher, and large boats can go within a small distance of Tennessee river, across to which the country is level for a good wagon road; and from Nashville, Tennessee, to Franklin, M. T. is not above 350 miles; if a road was opened in a direct line, and even the land carriage between the two points, is hardly equal to the distance over the mountains between Philadelphia and Pittsburgh, which would be a great saving, even until a canal could be cut or the navigation of boats established up as high as they could go. This river is not interrupted with dangerous falls, as the Ohio and many other rivers; it is gentle and the current almost motionless in summer, even above tide water, except a few shoals, which can be rendered free from danger, by a small expense. The Tuskaloosa is an east branch of this river, is navigable for boats, a very considerable distance into a most fertile country. The Alabama intersects the Tombigby just above Fort Stockard and waters the eastern part of the Territory; is navigable very high up into a rich country. The Yazoo river makes out of the Mississippi affords good navigation for the country adjoining, which for richness of soil, is perhaps, as also a considerable portion of the lands on the Tombigby, Tuskaloosa and Alabama rivers, equal to any in the world for production of corn, cotton and wheat and tobacco, &c. There is a very small portion of the large district composing this Territory, but what is possessed of easy and convenient navigation; although there are large tracts of fertile lands of a very superior quality; there are large fords of pine barren, which serve for a halting place for cattle, which thrive to great perfection and never require any feed in winter. The country near the tea-pa; but fine grasses and springs continue even to the sea shore. The country comprehended in the treaty with the Chickasaws, comprehends a large portion of valuable lands and timber, and would connect the settlements on the Mississippi and Tombigby, if ratified, and cut of all connection of the Chickasaws with the Spaniards. Although the bed of the Tombigby river is level, the adjoining country is generally high, and the air pure; when comparing the fine navigation, the fertile land with the natural support of cattle, without labor, and all the advantages; no part of North America can boast as its superior by nature; yet the aid of government is necessary to raise the people and place to that rank to which they are defined by nature. The ratification of the Chickasaw treaty, and the free navigation of Mobile and a favorable land policy, would soon contribute to the numbers sufficient for a state. Nothing would be a greater safety to the western country than a strong militia for its defence, to secure which, a favorable land policy would greatly contribute. If the revenue is left lessened by such policy as might be necessary, the expenses of keeping up troops, would be in an equal degree unnecessary. At present the Spaniards exact with rigour 12 per cent. on American commerce export; & same for import, is 24 per cent. on the present labor of the people on the Mobile waters, for passing the great highway of nature from one American port to another: it is not unreasonable to calculate the additional revenue on imports, to be greatly augmented in a very great degree by an increase of population and cultivation, which would naturally follow the events favourable to emigration. The speculation on lands might be lessened by securing to real emigrants the right to purchase on reasonable terms tracts of an extent, suitable to the numbers belonging to a family. It may not be amiss to state the production from labor which will be found correct by the fridest inquirer. It is a moderate crop of cotton which produces 1000 lb. of seed cotton, and upwards of 2000 has been gathered from an acre of land: the corn and tobacco are nearly as the best lands on Roanoke and some other rivers to the northward. Great quantity of ship timber and other timber, abounds: with cedar, mulberry, w. oak, walnut, cherry, &c. &c. September 22, 1807.
"CIVIS" must stay on our hooks until the court has closed its session. It is not our wish to interfere with its proceedings, until they are concluded; and however wide may be the range of criticism which they have opened, however great has been our anxiety to express our own sentiments, we mean to preserve that decorum for the court, which is certainly due to a sitting tribunal.
RICHMOND, Sept. 11th, 1807.
PURSUANT to the authority vested in the Commandant of the 19th regiment of Militia by the act of the General Assembly entitled "An Act concerning the Militia of the city of Richmond," Battalions Courts of Enquiry for the 1st and 2d Battalions composing said regiment, and directed to be held at the Bell-Tavern on the 25th for the 1st Battalion, and at the Washington Tavern on the 30th inst. for the 2d Battalion and to commence their sittings at 10 o'clock, A.M.
The purpose of these courts being to settle the fines incurred for nonattendance at the preceding muster in the left and present months, the commandants of companies will be expected to be exact in making their several company returns to Commandants of Battalions, and also in their attendance on the Battalion Courts.
Those Captains who were prevented making returns of delinquents to the Battalion Courts in July last, will include those delinquencies in their next returns. All persons having excuses to offer for any absence or omissions of duty, may attend the Court for the Battalion to which they belong, and make their excuses. GEO. Wm. SMITH, Col. Comd't. 19th Reg't. Sept. 22.
By virtue of a deed of trust, executed to me by Armistead Russell, for the purpose of securing to Bartholomew Dandridge, the payment of one thousand two hundred and nineteen pounds and eight pence 3/4, on the 14th of October next, proceed to sell, to the highest bidder, for ready money, at New-Kent Court-House.
A TRACT OF LAND, lying in New-Kent county, called Poindexter's, containing six hundred and thirty-six acres; twelve likely NEGROES; or inasmuch as the said PROPERTY as may be necessary to satisfy the balance of the debt due on said deed, together with the expenses attending the execution thereof. WM. ARMISTEAD, Trustee. Sept. 22.
Sales at Auction.
On FRIDAY, the 2d day of October next, will be sold WITHOUT RESERVE, at the Lumber-warehouse lately occupied by Messrs. Wm. Mackenzie & Co. on the Creft-Street leading to Shocks Warehouse:
5 Pipes old Madeira Wine, 12 1/2 dols. 10 Hds. Brown Sugar, 3d and 4th proof, 5 Pipes French Brandy, 20 Hds. Country Gin, 2 Casks Coffee, A few tons Iron,
TERMS.—60 days credit on all purchases over 50 and under 100 dollars, and 120 days credit on all sums exceeding 100 dollars. APPROVED endorsed negotiable notes will be required.
At the same time and place will be sold, on 4 and 6 months credit, that valuable piece of GROUND on the above-mentioned street, on part of which the Lumber-Wharf, on the Basin of the Canal; where they will continue to receive Produce and Goods on Storage and commission. They promise the first attention to the interests of those who may favor them with their consignments; they will remove their Counting Room to the next door above Mr. Charles Spencer's. Sept. 22. law 3w.
LESUEUR & SAUNDERS,
INFORM their friends and the public, that they will discontinue their Grocery Business from the first day of October next. They have an extensive Lumber-Wharf, on the Basin of the Canal; where they will continue to receive Produce and Goods on Storage and commission. They promise the first attention to the interests of those who may favor them with their consignments; they will remove their Counting Room to the next door above Mr. Charles Spencer's. Sept. 22. law 3w.
FOUND,
On the road leading from this place to Peterburg: A SUM of MONEY, in Notes; which the owner may get by application to me, at Johnson's Warehouse-House, describing the sum and paying the expense of this advertisement. CHARLES GRAVES. MANCHESTER, September 22. 2d
WILLIAMSBURG RACES.
On WEDNESDAY, the eleventh day of November next, will be run for, over the Williamsburg course. THE Jockey Club PURSE of four hundred dollars, four mile heats. On the second day, the PROPRIETOR'S PURSE of one hundred dollars, to which will be added, the balance that may remain in the hands of the Treasurer, and all arrearsage that may be due to the club after payment of the necessary expenses—two mile heats. By order of the Club, RO: ANDERSON, Secretary & Treasurer. Sept. 22. ep 1th N.
The Association of this club terminates with the present races, and it is supposed that this purse will be worth above three hundred dollars.
At a Chancery District Court held in Williamsburg, the 28th day of April, 1807.
Elizabeth Daniel, executrix of John Daniel, Major Turner, and Sally his wife, administratrix of Chastity Daniel; Daniel, widow and administratrix of James Daniel, and Henry Lucas, executor of Overton Daniel, Plaintiffs. James Gregorie, surviving executor of John Daniel Thomas Healy, late sheriff of the county of Middlesex, and fiduciary possessor of the goods and chattels, rights and credits of George Larimer, deceased, who was an executor of the last named John Daniel; unadministered by Samuel Klugg, deceased; John Montague, administrator of the said Samuel Klugg; Benjamin Kidd and James Kidd, executor of James Kidd; John Quarles, ex'r. of John George, deceased; James Henry Thacher Larimer and Thomas Faulkner, Defendants.
ALL of the defendants interested in this cause, not having had legal notice of, or not being regularly before Master Commissioner Coleman, at the time of making up the accounts reported by him, the said report is set aside, and it is ordered, that the said accounts be again made up by the said Commissioner, upon notice to all of the defendants, and reported to the court. A Copy. ANTHONY ROBINSON, c. c.
Commissioner's Office, Williamsburg, Sept. 12th, 1807. THE parties concerned, are hereby notified, that I shall, at this office, on Tuesday the 27th of October next, proceed to make up the accounts directed in the above case. Sept. 22. WM. COLEMAN, m. c. law 3w.
At a Court held for Henrico County, at the Court House, the ninth day of September, 1807. Joseph Wheatley & Company, Compts. against George Duncan and Lazarus Joseph, Defendants.
THIS day came the complainants by their counsel, and the defendant, Duncan, 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 Commonwealth: On the motion of the complainants, it is ordered, That he do appear here on the first day of December court next, and answer the bill of the complainant, and that a copy of this order be forthwith issued on some newspaper printed in the City of Richmond, for two months successively, and posted at the door of the Court-House of this county on two successive court days. A Copy. Telfe. Sept. 22. ADAM CRAIG, c. c. ep 2m.
FRENCH EVENING SCHOOL,
WILL be opened on THURSDAY the first of October next, and continued EVERY EVENING, from five till nine o'clock, on the main-street, in the upper part of the House at present occupied by Carter B. Page, Esq. For terms apply to Anthony Pelzer, teacher of the French Language, at Doct. Haller's Academy, in Richmond. Sept. 22.
LAND—FOR SALE.
THE subscriber offers for sale, a Tract of LAND, lying on Tye river, in the county of Amherst, being part of the estate of the late Col. John Rose, containing by actual survey 1005 acres. It is three miles distant from the Court-house, and twenty miles from Warminister. There are from 150 to 200 acres of this tract cleared, the residue is heavily timbered with oak, hickory, chestnut, &c. The soil of the land, which is inferior to none in its vicinity, is admirably adapted to the culture of tobacco, corn, wheat, &c. Its contiguity to Maj. Massey's manufacturing mill, will be a circumstance of great consideration to a purchaser. Possession will be given on the first day of the ensuing year, with liberty to sow small grain this next fall. One third of the purchase money will be required in hand; for the other payments, a liberal indulgence will be given. The land will be owned by Mr. Alexander B. Rose or Capt. A. Morgan, residing in the neighborhood. Those wishing to purchase, may know the terms of sale by applying to the subscriber. THOMAS FITZHUUGH. Boscobel, Stafford county, Sept. 22. law 2m.

Domestic.
WASHINGTON, Sept. 16.
The following depositions and documents prove the nativity of the TARGEE SEAMEN from the CHESAPEAKE.
STATE OF MARYLAND, } ALLEGANY COUNTY, ss.
Upon Bruce being duly sworn on the Holy Evangelists of Almighty God, deposes and saith, that among the servants belonging to his father, (Norman Bruce) is a female slave named Phillis, a dark mulatto; that at an early age, she became the mother of two children, she was universally admitted, by a white man, named Andrew Ware. This fact was never questioned, and Ware himself, never to my knowledge, denied it. The children passed for, and were admitted to be his, and assumed his name—one was a boy, and being my older brother than either of them, and brought up as it were in the same family, nothing like doubt rests upon my mind as to his birth and parentage; I am as well assured of it, as I can be of any fact of the kind, and no one that I heard, ever presumed to suppose otherwise. This boy was raised upon my father's farm, on Pike Creek, at the mills in Frederick county, and being the child of a slave, was reared with the children of other slaves, and stood upon the same footing. His mother is still living, she it was that nursed him in his infancy, and she, he considered, acknowledged and treated as his mother. When I engaged in the management of my father's property, which I did on reaching the years of manhood, this boy was then, about twelve or fourteen years old, and he remained along with the other servants until about the age of twenty, when in consideration of his colour, the regard I had for his father, (then dead) and the desire expressed by that father to have these children liberated, this boy was suffered to go at large, he promising to make some compensation, which he never has been done. After leaving me, he was working about the country some few years, employed, sometimes as a wagoner, driving a team to and from Baltimore, until at length I learned, he entered on board some vessel and had gone to sea: and this life I had reason to believe he persevered in, until for some time past hearing nothing of him, I supposed it probable he might be dead. His appearance may have changed since I last knew him, he then had his growth in height, and was as near as I could now guess, about five feet, six or seven inches high, of slender make, a thin face, and he bent or stooped rather back upon his hams—his face somewhat round, a nose not large, lips not thick, and a chin rather small—his colour was earthy or Indian like; remarkably bright though for a mulatto, and would pass for something nearer white—his hair was of a darkish colour, inclined to curl, which he sometimes kept tied, and which upon inspection would seem to be different from the hair of a white man, and yet far removed from the wool of an African. He went by the name of Romulus, and is, I should imagine, now about the age of twenty-eight or thirty.
Sworn to and subscribed before me a justice of the peace for Allegany county, this 18th of July, eighteen hundred and seven. THOMAS THISTLE.
Here follows the certificate of John Lynn, Clerk of Allegany County, Maryland, showing that the above Thomas Thistle, Esq., is a justice of the peace of the said county.
STATE OF MARYLAND, } ALLEGANY COUNTY, ss.
William McNair being duly sworn on the Holy Evangelists of Almighty God, deposes and saith, that about twelve years ago, when he was employed as an overseer, by Upton Bruce, son of Norman Bruce, who then lived with his father, on the farm at Pike Creek, of which he then had the management, his father giving it into his hand, and that, among the slaves under his direction, was one of a very bright colour, like a very dark white man, and plainly showed the mixture as descending from white and black parents—that among the female slaves was one called Phillis, who acknowledged this boy as her child, and no doubt could be of the fact, and was so universally known by the whole family and neighbourhood. His mother was a dark mulatto, & his father, as was well understood, was Andrew Ware, who I knew well—This boy was as much a slave to Mr. Bruce as any other he had, and no doubt was suggested to the contrary that ever I heard, nor was his origin or birth questioned—that he is by guess five feet seven inches high, rather slender made, his hair rather curly, and his age, to the best of this deponent's knowledge, is now about thirty years; that he understood he made some agreement with his master, by which he was suffered to go at large; & the last time this deponent recollects to have seen him was driving a team on the Baltimore road, between six and seven years ago; that he then passed by the name of Romulus, and this deponent understood he afterwards took to the sea.
Sworn to this 17th day of July, 1807, before me, one of the justices of the peace for Allegany county aforesaid. ANDREW BRUCE.
Here follows the certificate of John Lynn, to the same effect as the preceding.
STATE OF MARYLAND, } ALLEGANY COUNTY, ss.
Sarah Lewis being duly sworn on the Holy Evangelists of Almighty God, deposes and saith, that she lived many years in Frederick county, of this state; that she lived in the neighbourhood of Norman Bruce's family, was well acquainted there; & that among his servants she well recollects having noticed a very bright mulatto child, approaching nearer to white than any mulatto she ever saw; that at the time she first noticed this child, he was about four or five years old; that his birth or origin she never heard doubted as being the child of Phillis, a dark mulatto woman (slave to Norman Bruce, who lived on Pike Creek) by Andrew Ware, a white man; that she knew the said child from that time until he grew up, and reached near the age of twenty; that during that time he remained in the family of the said Bruce as his slave, upon the same footing and treated as his other slaves; that when he grew up he was not a large man, being spare, round or flatish face; that he must now be about thirty years of age or upwards; that then he passed and was called by the name of Romulus; that his mother had a daughter by the same father, as was acknowledged and as appeared from her color and resemblance to her brother. He left the service of his master by his permission or some agreement, I suppose, and as I understood afterwards went to sea.
Sworn to this 17th day of July, 1807, before me, one of the justices of the peace for Allegany county aforesaid. ANDREW BRUCE.
STATE OF MARYLAND, } ALLEGANY COUNTY, to wit: }
William Bruce being sworn on the Holy Evangelists of Almighty God, deposes and saith, that about the age of twelve years he went to Frederick county, and lived with his uncle, Norman Bruce, on Pike Creek, for several years, going occasionally to school; that among the other servants, he well remembers a remarkably bright mulatto boy, or he might pass for a very dark, swarthy white one. This boy I always understood was the son of a slave, named Phillis, by a white man, called Andrew Ware, I never heard to the contrary, nor can I doubt it, the boy acknowledged Phillis as his mother, and she
receiving him as her child, and it was so admitted and understood by the whole family and neighbourhood. I knew this boy for several years afterwards, and until he grew up. He was in height about five feet five or six inches, his hair dark and somewhat curly, and his make thin. He went by the name of Romulus, and I know of no particular mark to distinguish him, except a scar on one of his thumbs, I think occasioned by a bite in some fight he had, and is now I suppose about twenty-eight or thirty years of age; and further this deponent saith not. Sworn and subscribed to this 18th day of July, 1807, before WILLIAM BRUCE. GEORGE RIZER.
Here follows the certificate of John Lynn, to the same effect as the preceding.
The deposition of Greenberry Griffin, of Talbot county, and the State of Maryland, aged about thirty-seven years, taken before Wm. Lindsey, Gentleman, one of the justices of the peace for Queen Anne's county, duly commissioned, and qualified as such, this 18th day of August, in the year of our Lord one thousand eight hundred & seven, saith, that John Strahan or Strathan, the son of Samuel Strahan, of Queen Anne's county and State of Maryland, was bound to him to the sea service, about the year eighteen hundred and two, (as the indenture will show, which will be procured as part of this deponent's information) that the said John left the said Greenberry about the year eighteen hundred and four, at Norfolk; at this time he was sailing with a certain captain John Kemp, from Trinidad to Norfolk aforesaid—that this deponent has not seen the said John Strahan since—that the said John Strahan has a light sandy complexion, and looks older than he really is, and a pretty well made man. Sworn before me the day and year aforesaid. WM. LINDSEY.
Here follows the certificate of Samuel T. Wright, Clerk of Queen Anne's county court, Maryland, showing that the above William Lindsey is a justice of peace for the said county.
This indenture made the 20th day of March, in the year of our Lord, 1802, witnesseth that John Strathan of Queen Anne's county, aged 17 years and ten months, hath of his own free and voluntary will, placed and bound himself apprentice unto Greenberry Griffin, of Talbot county, waterman, to learn the said trade, mystery or occupation of a waterman, which he the said Greenberry Griffin now useth, and with him as an apprentice to dwell, continue & serve from the day of the date hereof, until the full end and term of three years and two months from thence next ensuing, and fully to be completed and ended, during all which term of three years and two months, the said apprentice, his said master well and faithfully shall serve, his secrets keep, his lawful commands gladly do and obey, hurt to his said master he shall not do, or wilfully suffer to be done by others, but of the same, to the utmost of his power, shall forthwith give notice to his said master—the goods of his said master he shall not embuzzle nor waste, nor them lend, without his consent, to any, at cards, dice, or any other unlawful games he shall not play, taverns or ale-houses he shall not frequent, fornication he shall not commit, matrimony he shall not contract, from the service of his said master he shall not at any time depart or absent himself without his said master's leave, but in all things as a good and faithful apprentice, shall and will demean and behave himself towards his said master, and all his, during the said term, and the said master, in consideration of the sum of thirty pounds of lawful money of Maryland, to him in hand paid by his said apprentice, in the said trade, mystery or occupation of a waterman, which he now useth, will teach, instruct, or cause to be well and sufficiently taught and instructed, after the best way and manner he can, and shall and will also find and allow unto his said apprentice, meat, drink, washing, lodging and wearing apparel, and all other necessaries fit and convenient for such an apprentice, and also the said master is to give unto the said apprentice six months schooling, within the said term. In witness whereof, either of the parties have hereunto set their hands the day and year within written. JOHN STRATHAN, GREENBERRY GRIFFIN, Witness, John Merchant, Thomas Lambdin, John McDonald. Rec'd 21st March, 1802. In Orphan's Court, April 18th, 1802. The within indenture was examined and approved. Cert'd per J. PRICE, Reg. of Wills.
Talbot County, ss. In testimony that the within is truly copied from Liber J. P. No. A. folios 217 and 218, one of the record books belonging to my office, I have hereunto set my hand and the seal of my office affixed, this twenty-fifth day of August, Anno Domini, eighteen hundred and seven. JA. PRICE, Reg. of Wills for Talbot county.
The deposition of James Roe Pratt, of Queen Anne's county, and state of Maryland, aged about forty-five years, taken before Wm. Lindsey, Gentleman, one of the justices of the peace for the said county, duly commissioned and qualified as such, this fourth day of August, in the year eighteen hundred and seven, saith, that he is well acquainted with Samuel Strahan, and his son John Strathan, who he understood was bound to Greenberry Griffin; that the said John is a well made man, and has a sandy complexion—and further saith not. Sworn before me this day and year aforesaid. WM. LINDSEY.
The deposition of John Price, of Kent Island, in Queen Anne's county, and state of Maryland, aged about forty-one years, taken before Wm. Lindsey, Gentleman, one of the justices of the peace for the said county, the fourth day of August, in the year of our Lord one thousand eight hundred and seven, saith, that he was well acquainted with Samuel Strahan, late of Queen Anne's county, and his son John Strathan—that the said John Strathan was a well made young man, and had a sandy complexion—that this deponent knows nothing of his going to sea, or any thing of him for many years, until the late information of his being pressed into the British service. Sworn before me the day and year aforesaid. WM. LINDSEY.
The deposition of Thomas Lynch, of Queen Anne's county, and state of Maryland, aged about forty-seven years, taken before William Lindsey, Gentleman, one of the justices of the peace for the said county, the fourth day of August, in the year of our Lord one thousand eight hundred and seven, saith, that he is well acquainted with the aforesaid Samuel Strahan, and his son John, who was bound apprentice to the aforesaid Greenberry Griffin, as the father had frequently informed him—that the said Samuel Strathan lived at the tan-yard of Mr. Tilghman, between Centreville and Queen's Town, and that John Strathan, a son of the said Samuel was born there—that he was a well made young man when he left his father—and has a sandy complexion—and that he had pretty good information in the tanning business. Sworn before me the day and year aforesaid. WM. LINDSEY.
The deposition of Samuel Strahan or Strathan, as generally called here, of Caroline county, and state of Maryland, aged about fifty-six years, taken before William Lindsey, Gentleman, one of the justices of the peace for Queen Anne's county, duly commissioned and qualified as such, this fourth day of August, in the year of our Lord one thousand eight hundred & seven, saith, that he has, or had a son called John Strahan or Strathan, as they are called here, born about the fourteenth day of April, seventeen hundred and eighty-four, as well as he recollects, that this son was bound apprentice to a certain Greenberry Griffin, who was then a seaman, and employed in the West-
India business, as he understood, that he has never seen his said son since, nor heard from him for several years, until the notification from the government of the United States—that this son was pretty well made, and had a light sandy complexion, and that he was born at the tan-yard, belonging to a certain William Tilghman, on the public road from Centreville to Queen's Town. Sworn before me the day and year aforesaid. WM. LINDSEY. [Each of the foregoing depositions is accompanied by a similar certificate of office, as the first.]
The following is extracted from the signatures to the original articles of agreement and roll of equipment of the Schooner Eagle, Greenberry Griffin, master, bound from Norfolk to St. Bartholomew. Aug. 9th.—John Strathan, Queen's county, Maryland.
I BENJAMIN DAVIS of Westport in the county of Bristol and Commonwealth of Massachusetts, yeoman, being legally qualified to give evidence, do depose and say, that about fourteen or fifteen years ago, William Howland, late of said Westport, mariner, deceased, brought to Westport with him a colored boy, then about six years of age, that the name of the said boy was Daniel Martin, that he was bound to the said William, as an apprentice or servant, under the authority of the laws of this Commonwealth, by the selectmen and overseers of the poor of said town of Westport, and the indentures were executed at the house of this deponent; that the said Daniel was afterwards, on his arrival at the age of fourteen years, an apprentice or servant of Nany Howland, widow and relict of said William Howland, and it is now about seven years since I have seen the said Daniel. He was then of a common stature, straight built, and without any prominent marks by which to describe his person. It was also understood by me that the said Daniel was from some Spanish settlement in America. BENJAMIN DAVIS.
United States of America, Commonwealth of Massachusetts, Bristol, ss. On this 13th day of July, 1807, before me Eli Haskell, notary public, duly elected and qualified, and dwelling in the town of New Bedford; personally appeared Benjamin Davis, esq. and made solemn oath, to the truth of the foregoing statement of affidavit by him subscribed. In testimony whereof, I have hereunto set my hand and sealed my notarial seal, in such cases used, the day and year first written. ELI HASKELL, Not. Pub.
I NANCY HOWLAND of New Bedford in the county of Bristol and Commonwealth of Massachusetts, widow and relict of William Howland, late of Westport in said county, mariner, do depose and say that in the month of August in the year of our Lord one thousand eight hundred and two, according to the best of my recollection, my said husband brought with him on a voyage from Buenos Ayres, Daniel Martin, a colored boy, then in the seventh year of his age, who was bound to him as an apprentice or servant by his mother; that after the death of my said husband and at the arrival of said Daniel at the age of fourteen years, he bound himself by a law of this Commonwealth, to me the deponent, and after living with me about one year, left me, and since that time I have never seen or heard from the said Daniel until the application to take this testimony. At the time the said Daniel left me, he was of about a common stature, and I do not now recollect any peculiar marks by which he could be readily described, he was very straight at that time. The indentures by which he was bound, by accident and length of time are mislaid or lost. NANCY HOWLAND.
United States of America, Commonwealth of Massachusetts, Bristol, ss. On this 13th day of July, 1807, before me Eli Haskell, notary public, duly elected and qualified, and dwelling in the town of New Bedford, personally appeared Nancy Howland, and made solemn oath, to the truth of the foregoing statement of affidavit, by her subscribed. In testimony whereof, I have hereunto set my hand, and sealed my notarial seal, the day and year above written. ELI HASKELL, Not. Pub.
The following is extracted from the Portage-bill of the ship Caladonia, Francis Mahaly, master, who failed about the 25th of January, 1802, for Canton, and returned about 18th March, 1803. Daniel Martin—seaman— shipped, January 24, 1802—discharged March 14, 1803—time on board, 13 months, 17 days—20 dollars a month—total wages 162 dollars, 75 cents.
FOR SALE. The following PROPERTY, belonging to Robert Alexander, Esq. of Woodford county, in the state of Kentucky;—A LOT OF GROUND, in the City of Richmond, with a valuable House thereon, one room of which is occupied by the Jews as a Synagogue—under the house there are a set of Vaults, originally intended for a Wine Cellar; also the TRACT OF LAND whereon William Alexander, Esq. formerly resided, about three miles from the City of Richmond. Two years credit, from the first day of January next will be allowed the purchaser, of whom bond with good security bearing interest from the said first day of January, and a mortgage on the premises will be required, and to whom a conveyance in fee simple with a warranty will be granted. Possession of the tract of Land may be had on the day of sale, and of the Vaults, but the Jews are entitled to the possession of the rest of the house until the first day of May next.—Unless the property is sold by private bargain, it will be sold publicly at the front door of the Eagle Tavern between the hours of 12 and 3 o'clock, P. M. on Saturday the 24th day of October next. The title papers may be seen and every information granted by applying to me. WM. HAY, Attorney in fact for ROBERT ALEXANDER. Richmond, Aug. 7th, 1807.
BY virtue of a decree of the court of the U. S. for the fifth circuit and district of Virginia, between Josephine Morando Le Normand, executrix of Simon Emanuel Julian Le Normand dec'd. plf. and Nathaniel Colley, deft. will be sold, by public auction, to the highest bidder, at the Tavern of John R. Brewer in the town of Petersburg, on Wednesday the 30th of Sept. next, for ready money (subject to the possession of the said Colley, until Christmas next) that valuable tract of Land in Prince George county on James river, called Sionbills; containing by estimation five hundred and seventy acres. This land lies about twelve miles below the town of Petersburg, between the well known, productive Lands of George Ruffin, Esq. and of the late Richard Bland of Jordans. It commands a beautiful view of the port of City Point; is naturally fertile in corn, wheat and other small grain; and being situate on the margin of the river, will afford to its owner the option of the markets of Petersburg, Richmond and Norfolk. Captain Colley will allow the purchaser to sow his crop of wheat immediately after the sale. Further particulars will be made known on the day of sale by PETER EPPES, WM. BAIRD, S. PERKINS. Comrs. September 5. tdf.
FOR SALE, 175 Ton Liverpool Stoved Salt, 80 Do. Do. Common Do. 60 Pieces Sacking, 50 Crates well assorted Eastern Ware, On board the ship Viligant, Capt. Bolsworth, at Bermuda Hundred. Apply to WM. BROWN & Co. July.
TOMKINS & MURRAY, ARE now receiving from on board the ship Hercules at City Point, a large and general assortment of Liverpool GOODS, selected and assorted, to accommodate country merchants.—They are in daily expectation of receiving by the ship Calpe an assortment of useful Goods, which they are determined to sell at wholesale on very liberal terms. They will open in a few days in the house at present occupied by Bohn & Hubber, nearly opposite the Post-Office. Sept. 5. In King William County Court, August 23rd, 1807. Landon Carter, Compt. Against Thomas Reeves and John Temple, Defs. THIS day came the complainant by his counsel, and the defendant Thomas Reeves, not having entered his appearance, and given security according to the act of assembly and the rules of this court, and not appearing to the satisfaction of the court, that he is not an inhabitant of this country; On the motion of the complainant; it is ordered, that the said defendant, Thomas Reeves, do appear here on the fourth Monday in November next, and answer the bill of the complainant; and that a copy of this order be forthwith inserted in some newspaper published in the city of Richmond for two months successively, and another copy posted at the front door of the court house of this county. And it is further ordered, that the defendant Temple do not pay, convey away or secret any debts by him owing to the defendant Reeves, until the further order or decree of this court. A Copy. Teste, RO: POLLARD, Jr. D. C. C. Sept. 1. In King William County Court, August 25th, 1807. Lawrence Mule, Compt. Against Thomas Reeves and John Temple, Defs. THIS day came the complainant by his counsel, and the defendant Thomas Reeves, not having entered his appearance and given security according to the act of assembly and rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this country. On motion of the complainant, it is ordered, that the said defendant, Thomas Reeves, do appear here on the fourth Monday in November next and answer the bill of the complainant; and that a copy of this order be forthwith inserted in some newspaper published in the city of Richmond for two months successively, and another copy be posted at the front door of the court-house of this county: And it is further ordered, that the defendant Temple, do not pay, convey away or secret any debts by him owing to the defendant Reeves, until the further order or decree of this court. A Copy. Teste, RO: POLLARD, Jr. D. C. C. Sept. 1. ep2m
SALES OF LAND. Pursuant to a decree of the Richmond District Court of Chancery, will be sold on the premises, to the highest bidder, on twelve months credit, to satisfy a debt due to George Kippen & Co.
TWO Tracts or parcels of LAND, as hereafter mentioned, the purchaser or purchasers giving bond with sufficient security for the payment, bearing interest from the date, and the said lands till to remain in the hands of the purchaser or purchasers bound and subject as a further security, as set forth in the decree of the said court of Chancery. The sale will take place as follows, to wit: On the twenty-eighth day of September next, will be sold on the premises, one of the above tracts or parcels of Land lying in Amherst county, on the south side of Buffalo Ridge, containing or said to contain four hundred acres, be the same more or less, adjoining the Lands of George Hylton and others. And on the eighth day of October next, will be sold on the premises, the other tract or parcel of Land above mentioned, lying and being in the county of Spottsylvania, on the waters of Mattaponi, said about six miles above the court house, adjoining the lands of John Tunley, said to be at this time in the occupancy of Ambrose Smith and others, containing, or said to contain, two hundred acres, be the same more or less. CHARLES TALIAFERRO, JOHN B. OGG, AND OTHERS, Comrs. Sept. 1. 4w
VALUABLE PROPERTY FOR SALE. In pursuance of a Decree of the High Court of Chancery, for the Richmond District, by consent of parties, the following property, belonging to the estate of James Anderson, dec'd. will be sold to the highest bidder, on a credit of twelve months, to wit: On Tuesday the 29th day of September next, THAT commodious and well situated HOUSE & LOT, on the main-street in the city of Williamsburg, at present occupied by Mrs. Camp. Also, two vacant half acre LOTS, near the Free School in the said city. The sale to be made on the premises. On Monday the 14th day of Dec. following, That valuable HOUSE and LOT, situated at the foot of the Capitol Hill, in the city of Richmond, in the occupancy of Charles Beller and others. The sale to be made on the premises. Also, at the same time and place, two valuable Tracts of LAND, lying on Wills Creek near the mouth of the river, and within a few miles of the Ohio river. There are eight thirty-five parts of the above named property, which belongs to infants, and where the price of any one separate parcel exceeds fourteen hundred dollars, an interest with the purchaser must be retained in that portion for them. Additional information may be had on application to Robert Anderson of Williamsburg. THE COMMISSIONERS. Sept. 1. Saw29thS law14thD Sept14thD.
TO BE SOLD, BETWEEN five and six hundred acres of the well known TRACT OF LAND, in the neighbourhood of New-Castle, and county of Hanover, whereon Captain Nicholas Syme now resides. The part to be sold, is the upper part of that portion of the said Land, which lies between the road leading from New-Castle to Hanover Town, and Pomonkey river, and is generally allowed to be the most valuable part of the said Tract, which the best judges consider equal, if not superior to any in the lower parts of the state; but as such is intended to purchase, will probably wish to view the farm, a more tedious description thereof, appears to be unnecessary. The Land will be surveyed to the purchaser. Credit will be given for one year, for one third of the purchase money, for two years for the second third, and for three years for the last third thereof, and for each of these instalments, a bond with approved security will be required and also a lien, by deed of trust on the Land itself, as a counter security for the whole. The purchaser, who lives in New-Castle, will show the Land to such as mean to purchase, and in his absence, it will be shown to such, by John W. Tomlin, Esq. whose residence is very near. Possession will be given the first of January next, with liberty of mowing wheat this fall. WM. CUNNINGHAM. New-Castle, August 25. 1f.
TEN DOLLARS REWARD. DESERTED from my recruiting rendezvous, in this city, on the 12th of the present month, PETER E. BUTLER, who was duly enlisted on the 10th, as a private in the army of the United States. He was born (according to his own account) in Dinwiddie county, Virginia; aged 24 years. He is 5 feet 9 3/4 inches high, brown hair, bluish eyes, fair complexion, and he seems to be very knowing and loquacious. I am lately informed, that he was on board the Chesapeake Frigate when attacked by the British pirate, where he bore the name of James Eppes, and in consequence of a flight wound, he was sent to the hospital in Norfolk, from whence he came to this place. The above reward with reasonable expenses will be paid on the delivery of the said defector at this place or to any officer of the Army of the U. S. EDMD. P. GAINES, Captain 2d U. S. Infantry. Richmond, August 25. 1f.
WILLIAM HART, OPPOSITE THE SCALE-HOUSE, HAS JUST RECEIVED, 5000 wt. Salt Petre Ba. 3000 wt. Copperas, 30 Boxes Liverpool Pipes, 30 Barrels Shad. And has on hand, Real Cogniac Brandy, French, Peach & Apple Brandy, Antigua, W. Island and N. England Rum, Gin, Whiskey, C. Bounce, Imperial & Young Hyson. All of which he will sell at the lowest ready money prices, or exchange for country produce. July 14. ALSO, Philadelphia Porter, bottled by himself, Stout, Salt, Molasses, Queens Ware, with a variety of other articles.
MARSHAL'S SALES. WILL be sold, to the highest bidder, for ready money, under a decree of the court of the United States for the fifth circuit, in the Virginia district, between Phoncas Bond, attorney in fact for the creditors of Ezekiel Edwards, plaintiff, and David Rofs and others, defendants, in order to raise the sum of fifteen thousand six hundred and sixty-six dollars and fifty-six cents due, and payable the fifth day of last month, and the expenses and charges attending the sale; a number of very valuable SLAVES.—The sale will take place at the Oxford Iron Works, in the county of Campbell, on the 23rd day of September next. BEN. MOSBY, D. M. FOR JOSEPH SCOTT, M. V. D. August 7th, 1807. 233
BY consent of the parties, the sale above mentioned, is postponed till the 15th day of October next, when it will take place at the Oxford Iron Works—and by the like consent, will be sold, under the decree aforesaid, nine thousand six hundred acres of LAND, more or less, situated on Calawah Creek, and the waters thereof, in the county of Botetourt, granted to the said Rofs by twenty two several patents: one for 1200 acres, bearing date the 29th day of December, 1785; the other twenty-one patents, bearing date on the 19th of May, 1786, and which are as follows: one for 362 acres, four for 500 acres each; two for 300 acres each; one for ninety acres, one for 410 acres, one for 189 acres, one for 480 acres, one for 290 acres, one for 210 acres, one for 112 acres, four for four hundred acres each, one for three hundred and sixty acres, one for 480 acres, one for 430 acres, and one for 87 acres; the metes and bounds of which Lands will appear by the said patents as mentioned in the said David Rofs's deed of trust to Burwell Scott and others, bearing date on the 5th of June, 1795, and recorded in the General Court.—The sale of the Land aforesaid, will take place at the Eagle-Tavern, in the City of Richmond, on the 21st day of October next. BEN. MOSBY, D. M. FOR JOSEPH SCOTT, M. V. D. DAVID ROSS. I APPROVE, Sept. 19. 1m.
RAN AWAY on Saturday last, a bright mulatto man named HARRY JACKSON, about 25 years old, 5 feet 7 or 8 inches high, remarkably well formed, has a pleasant countenance, a considerable wound over one of his eyes, and some small scars on his forehead, is very active and sensible, was raised by Col. Orway Byrd, and sold some few years since at Public Auction by Mr. Theo. Armistead at Norfolk—the said negro has been accustomed to go by water, and has much the air of a sailor; being fond of society I have no doubt but he is either gone to Richmond or Norfolk; where he is perfectly acquainted. I will give the sum of 15 dollars if caught in the former, and 25 dollars in the latter, so that he is secured and returned to me, or 10 dollars if caught in or about this Town. As he is a very shrewd clever negro, and capable almost of any employment, he will no doubt change his clothes, therefore it is unnecessary to describe those he carried with him. Petersburg, Sept. 19. P. HALL. 1f.
In Hanover County Court, August 17th, 1807. Elizabeth Bullock, Widow and relict of John Bullock, deceased, and Elizabeth and Maria Bullock, daughters of said John Bullock, and infants of tender years, by John Wordson, their guardian, for the special purpose of prosecuting this suit by the court assigned. Against David Anderson and Jane his Wife, Defs. THIS day came the parties by Nathaniel Pope, their counsel, and the bill and answer being filed and read, it is thereupon ordered and decreed, That David Roytler, Walter Coles, Samuel Moseley, John Hope and John Bowles, esq. or any three of them, be appointed to make sale of the Household and Kitchen Furniture and Stocks of the said John Bullock, deceased, on twelve months credit, to the highest bidder, giving one months public notice in one of the Richmond newspapers, that they take bonds with security of the purchasers for the estate to be sold; one third thereof payable to the plaintiff Elizabeth Bullock, the widow, and deliver the same to her, as her part in the said estate, and the other two thirds thereof, payable to the their plaintiffs, Elizabeth and Maria Bullock, and to the defendants respectively, and deliver the said bonds to them respectively; that they assign unto the plaintiff Elizabeth Bullock, the widow, one third of the estate of the personal estate of the said deceased, as her dower therein, and the residue thereof, they divide equally between the other plaintiffs, Elizabeth, and Maria Bullock and the defendants, and that they report thereof to the court, in order to a final decree. A Copy. Teste, THOMAS POLLARD, D. C. C.
IN obedience to the above order of Court, the commissioners therein named, will proceed to carry the same into effect at the house of Elizabeth Bullock, on the 15th of next month. SAMUEL MOSBY, WALTER COLES, DAVID ROYTLER, JOHN BOWLES, law14w. Sept. 19.
WILL CERTAINLY BE SOLD. By virtue of a deed of trust made to us, by William Willis, late of Buckingham, to secure a debt due Doct. J. Willis of Pinchana, will be sold, for cash, to the highest bidder, on the premises, on the 10th day of November next, (if fair, if not, the next fair day.) FOUR Tracts, Lots or parcels of LAND, in Buckingham, opposite the Seven Islands, lying on James and Slate Rivers; the whole containing 555 acres by a late survey. It is hoped, that those who are desirous of purchasing, will view the Lands before the day of sale. The sale will commence at 12 o'clock. WM. H. CABELL, RO: QUARLES, JOHN FORBES, THOS. WILLS, law5w. Sept. 10.
DRUMS, Fife, Swords, Belts, Hats, Epauliers, Stocks and Cockades, to be had at Enoch Salivan's Jewelry Store. August 7. 1f.
Printing, IN ALL ITS VARIETY, EXECUTED AT THE OFFICE OF THE ENQUIRER.