Virginia Argus (Richmond, Va.), 1807-09-19 00:00:00

VIRGINIA ARGUS.
[XVth YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1390.]
RICHMOND:—PRINTED (ON WEDNESDAYS AND SATURDAYS) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
[Four Dollars Per Annum—paid in Advance.]
SATURDAY, SEPTEMBER 19, 1807.
[12 1-2 Cents Single.]
RICHMOND, September 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," Battalion Courts of Enquiry for the 1st and 2d Battalions composing said Regiment, and directed to be held at the Bell-tavern, on the 23th for the 1st Battalion and at the Washington-tavern on the 29th inst. for the 2d Battalion, and to commence their sittings at 10 o'clock A.M.
The purpose of these courts being to ascertain the losses incurred for non-attendance at the preceding musters in the last 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 failure or omissions of duty, may attend the Court for the Battalion to which they belong and make their excuses.
GEO. W. SMITH, Col. Com'd 19th Reg't.
TO BE SOLD,
For ready money, to the highest bidder, ON the 5th day of October next, before the court-house in the city of Richmond, it being Henrico court day, all the interest that Thomas E. Pleasants a bankrupt, had in the estate of Thomas Pleasants, dec. called, RALEIGH , lying on James river, in the county of Henrico, and distant from Richmond about 15 miles. Also all the said bankrupt's interest that he owned in another TRACT OF LAND called BAILEY'S , adjoining Ross's mill, in said county. His claims to those estates having been given up under a commission of bankruptcy for the benefit of his creditors. Further particulars will be made known on the day of sale.
LIGHTFOOT JANNEY,
As a guide for the creatures.
September 7th, 1807.
C. Parlasea & John McConachy, CARVERS & GILDERS, In the second Tenement of Col. May's new building on the Main-street.
BEG leave to inform the ladies and gentlemen of Richmond, that they have on hand, an elegant assortment of Looking Glasses, Picture Frames, Barometers, The miniature Microscope, Telescopes, Silver and Tortoise Shell Spatulas and all other articles in their line.— Window and Bed Cornices done on the most reasonable terms.
PROFILES
Cut by John McConachy, and painted by L. Remouir, who also takes Likenesses in Miniature. Price of cutting the profiles, 25 cents; for painting them 3 dollars, and of miniatures 15 dollars. "N B No likeness, no pay."—Specimens of the manner of cutting, shading the hair, painting, &c, may be seen at the said store. Richmond, July 30, 1807. w2m
DANCING SCHOOL.
MR. LA TASTE,
RESPECTFULLY informs the inhabitants of Richmond that his DANCING SCHOOL will be opened on Monday, the 28th of the present month in Mrs. Harris's brick house, next door below the Enquirer Office, until he can procure a more commodious room. His days of tuition will be Monday, Tuesday and Wednesday, every fortnight (his alteration being at the request of a great number of his scholars).
Mr. LA TASTE will always endeavor to deserve the approbation of parents and the public in general by his assiduity in fulfilling his duties and his attention in forming his pupils.
Parents and guardians are informed that he attends Mrs. Byrd's Academy every Saturday. The School, will be also opened every Monday, Wednesday and Friday at six o'clock in the evening as former ly, for the accommodation of those young gentlemen whose business cannot permit an attendance in day time.
The terms of tuition can be known by applying either at the offices of the Enquirer and Argus, or at his dancing room. Richmond, September 13.
Land and Negroes, FOR SALE.
AGREABLE to the last will of John Buchanan, dec. will be sold on the fifth day of October next, at Franklin courthouse, it being court day for said county.
A Tract of Land,
Lying in the said county of Franklin on Staunton river, containing five hundred and fifty five acres. Also on the thirteen of November, at the new store in Buckingham county, three hundred acres of LAND , adjoining the new store. Also one LOT in Hanier's town, one SHARE in the Upper Appomattox company.
Eight Negroes,
With all the personal estate belonging to said decedent. The above land is good for corn, wheat and tobacco. One half of the purchase money will be required on the day of sale, the balance in two annual payments, for which bonds with approved security with a deed of trust on the land will be required. The negroes with the balance of the estate, cash will be required. All those having claims against said estate are requested to bring them in agreeable to law, on or before the day of sale; and those promised to said estate are requested to make immediate payment, as the situation of said estate cannot admit of indulgence. LEWIS WILKINSON, Executor of JOHN BUCHANAN, dec. Buckingham, Sept. 1, 1807.
VOL. 5th, PART 1st, OR No. 8 of Rees's New Cyclopaedia , is just received and ready for delivery to subscribers at this office. Aug. 5
Virginia Argus.
RICHMOND:
SATURDAY, SEPTEMBER 19, 1807.
Trial of Aaron Burr.
OPINION
Of the Court, on the motion to arrest the evidence—delivered on MONDAY, August 31. (Continued.)
It seems then to be perfectly clear that it would not be sufficient for an indictment to allege generally that the accused had levied war against the United States. The charge must be more particularly specified by laying what is termed an overt act of levying war. The law relative to an appeal as cited from Stamford, is strongly corroborative of this opinion.
If it be necessary to specify the charge in the indictment, it would seem to follow irresistibly, that the charge must be proved as laid.
All the authorities which require an overt act, require also that this overt act should be proved. The decision in Vaughan's case is particularly in point. Might it be otherwise, the charge of an overt act would be a mischief instead of an advantage to the accused. It would lead him from the true cause and nature of the accusation instead of informing him respecting it.
But it is contended on the part of the prosecution that, although the accused had been never with the party which assembled at Blennerhassett's island, and was, at the time, at a great distance, and in a different state, he was yet legally present, and therefore may properly be charged in the indictment as being present in fact.
It is therefore necessary to enquire whether in this case the doctrine of constructive presence can apply.
It is conceived by the court to be possible that a person may be concerned in a treasonable conspiracy and yet be legally, as well as actually absent while some one act of the treason is perpetrated. If a rebellion should be so extensive as to spread through every state in the union, it will scarcely be contended that every individual concerned in it is legally present at every overt act committed in the course of that rebellion. It would be a very violent presumption indeed, too violent to be made without clear authority, to presume that even the chief of the rebel army was legally present at every such overt act.
If the main rebel army with the chief at its head should be prosecuting war at one extremity of our territory, say in N. H. if this chief should be there captured and sent to the other extremity for the purpose of trial, on his indictment instead of alleging an overt act which was true in point of fact, should allege that he had assembled some small party which in truth he had not seen, and had levied war by engaging in a skirmish in Georgia at a time when in reality he was fighting a battle in New-Hampshire, if such evidence would support such an indictment by the fiction that he was legally present though really absent, all would ask to what purpose are those provisions in the constitution which direct the place of trial, and ordain that the accused shall be informed of the nature and cause of the accusation?
But that a man may be legally absent who has counselled or procured a treasonable act, is proved by all those books which treat upon the subject, and which concur in declaring that such a person is a principal traitor, not because he was legally present, but because in treason all are principals. Yet the indictment I say upon general principles, would charge him according to the truth of the case. Lord Coke says "If many conspire to levy war and some of them execute the same according to the conspiracy, this is high treason in all." Why? Because all were legally present when the war was levied? No. "For in treason, continues Lord Coke, all be principals, and war is levied." In this case the indictment, reasoning from analogy, would not charge that the absent conspirators were present but would state the truth of the case. If the conspirator had done nothing which amounted to levying of war, and if by our constitution the doctrine that an accessory becomes a principal be not adopted, in consequence of which the conspirator could not be condemned under an indictment stating the truth of the case, it would be going very far to say that this defect, if it be termed one, may be cured by an indictment stating the case untruly.
This doctrine of Lord Coke has been adopted by all the subsequent writers; and it is generally laid down in the English books that whatever will make a man an accessory in felony, will make him a principal in treason; but it is no where suggested that he is by construction to be considered as present when in point of fact he was absent.
Foster 34 has been particularly quoted, and certainly he is precisely in point. "It is well known," says Foster, that in the language of the case there are no necessities in high treason, all are principals. Every instance of incitement, aid, or protection, which in the case of felony will render a man an accessory before or after the fact, in the case of high treason, whether it be treason at common law or by statute, will make him a principal in treason." The ca-
ses of incitement and aid are cases put as examples of a man's becoming a principal in treason, not because he was legally present, but by force of that maxim in the common law that whatever will render a man an accessory at common law will render him a principal in treason. In other passages the words "command" or "procure" are used to indicate the same state of things, that is a treasonable assemblage produced by a man who is not himself in that assemblage.
In point of law then, the man who incites, aids, or procures a treasonable act, is not merely in consequence of that incitement, aid or procurement, legally present when that act is committed.
If it does not result from the nature of the crime that all who are concerned in it are legally present at every overt act, then each case depends upon its own circumstances, and to judge how far the circumstances of any case can make him legally present who is in fact absent, the doctrine of constructive presence must be examined.
Hale in his 1st vol. p. 615 says "regularly no man can be a principal in felony unless he be present." In the same page he says "an accessory before is he that being absent at the time of the felony committed, doth yet procure, counsel, or command another to commit a felony." The books are full of passages which state this to be the law. Foster in showing what acts of concurrence will make a man a principal, says "he must be present at the perpetration, otherwise he can be no more than an accessory before the fact."
These strong distinctions would be idle to treason, at any rate they would be inapplicable, if they were to be entirely lost in the doctrine of constructive presence.
Foster adds (p. 349) "when the law requires the presence of the accomplice at the perpetration of the fact in order to render him a principal, it doth not require a strict actual immediate presence, such a presence as would make him an eye or ear witness of what passeth." The terms used by Foster are such as would be employed by a man intending to show the necessity that the absent person should be near at hand, although from the nature of the thing no precise distance could be marked out. An inspection of the cases from which Foster drew this general principle will serve to illustrate it. Hale 439. In all these cases, put by Hale, the whole party set out together to commit the very fact charged in the indictment, or to commit some other unlawful act, in which they are all to be personally concerned at the same time and place, and are at the very time when the criminal fact is committed, near enough to give actual personal aid and assistance to the man who perpetrated it. Hale in p. 449 giving the reason for the decision in the case of the word Decree says "they all came with an intent to steal the deer and consequently the law supposes that they came all with the intent to oppose all that should hinder them in that design. The original case says this was their resolution. This opposition would be a personal opposition. This case even as stated by Hale would clearly not comprehend any man who entered into the combination, but who instead of going to the park where the murder was committed, should not set out with the others, should go to a different park, or should even lose his way. Hale 534.
In both the cases here stated, the persons actually set out together and were near enough to assist in the commission of the fact. That in the case of Puddy the felony was as stated by Hale a different felony from that originally intended is unimportant in regard to the particular principle now under consideration, so far as respected distance, as respected capacity to assist in case of resistance, it is the same as if the robbery had been that which was originally designed. The case in the original report shows that the felony committed was in fact in pursuance of that originally designed. Foster 350 plainly supposes the same particular design, not a general design composed of many particular distinct acts. He supposes them to be co-operating with respect to that particular design. This may be illustrated by a case which is perhaps common. Suppose a band of robbers confederated for the general purpose of robbing. They set out together, or in parties, to rob a particular individual, and each performs the part assigned to him. Some ride up to the individual and demand his purse, others watch out of sight to intercept those who might be coming to assist the man on whom the robbery is to be committed. If murder or robbery actually take place, all are principals, and all in construction of law are present. But suppose they set out at the same time or at different times, by different roads, to attack and rob different individuals or different companies; to commit distinct acts of robbery. It has never been contended that those who committed one act of robbery or who failed altogether, were constructively present at the act of those who were associated with them in the common object of robbery, who were to share the plunder, but who did not assist at the particular fact. They do indeed belong to the general party, but they are not of the particular party which committed this fact. Foster concludes this subject by observing that "in order to render a person an accomplice and a principal in felony, he must be aiding and abetting at the fact, or ready to afford assistance if necessary." That is, at the particular fact which is charged; he must be ready to render assistance to those who are committing that particular fact; he must as is stated by
Hawkins be ready to give immediate and direct assistance.
All the cases to be found in the books go to the same point. Let them be applied to that under consideration.
The whole treason laid in this indictment is the levying of war in Blennerhassett's island, and the whole question to which the enquiry of the court is now directed is whether the prisoner was legally present at that fact.
I say this is the whole question because the prisoner can only be convicted on the overt act laid in the indictment. With respect to this prosecution it is as if no other overt act existed. If other overt acts can be enquired into, it is for the sole purpose of proving the particular fact charged; it is as evidence of the crime consisting of this particular fact, not as establishing the general crime by a distinct fact.
The counsel for the prosecution have charged those engaged in the defence with considering the overt act as the treason, whereas it ought to be considered solely as the evidence of the treason; but the counsel for the prosecution seem themselves not to have sufficiently adverted to this clear principle, that though the overt act may not be itself the treason, it is the sole act of that treason which can produce conviction. It is the sole point in issue between the parties. And the only division of that point, if the expression be allowed, which the court is now examining, is the constructive presence of the prisoner at the fact charged.
To return then to the application of the cases. Had the prisoner set out with the party from Beaver for Blennerhassett's island, or perhaps had he set out for that place, though not from Beaver, and had arrived in the island, he would have been present at the fact; had he not arrived in the island, but had taken a position near enough to co-operate with those on the island, to assist them in any act of hostility, or to aid them if attacked, the question whether he was constructively present would be a question compounded of law and fact, which would be decided by the jury, with the aid of the court, so far as respected the law. In this case the accused would have been of the particular party assembled on the island, and would have been associated with them in the particular act of levying war said to have been committed on the island.
But if he was not with the party at any time before they reached the island; if he did not join them there, or intend to join them there; if his personal co-operation in the general plan was to be afforded elsewhere, at a great distance, in a different state; if the overt acts of treason to be performed by him were to be distinct overt acts; then he was not of the particular party assembled at Blennerhassett's island, and was not constructively present, aiding and assisting in the particular act which was there committed.
The testimony on this point, so far as it has been delivered, is not equivocal. There is not only no evidence that the accused was of the particular party which assembled on Blennerhassett's island, but the whole evidence shows he was not of that party.
In felony then, admitting the crime to have been completed on the island, and to have been advised, procured, or commanded by the accused, he would have been incontestably an accessory and not a principal.
But in treason it is said, the law is otherwise, because the theatre of action is more extensive. The reasoning applies in England as strongly as in the United States. While in '15 and '45 the family of Stuart fought to regain the crown they had forfeited, the struggle was for the whole kingdom; yet no man was ever considered as legally present at one place, when actually at another; or as aiding in one transaction, while actually employed in another.
With the perfect knowledge that the whole nation may be the theatre of action, the English books unite in declaring, that he who counsels, procures or aids treason, is guilty accessorially and solely in virtue of the common law principle, that what will make a man an accessory in felony makes him a principal in treason. So far from considering a man as constructively present at every overt act of the general treason in which he may have been concerned, the whole doctrine of the books limits the proofs against him to those particular overt acts of levying war with which he is charged.
What would be the effect of a different doctrine? Clearly that which has been stated. If a person levying war in Kentucky, may be said to be constructively present and assembled with a party carrying on war in Virginia, at a great distance from him; then he is present at every overt act performed any where; he may be tried in a state on the continent, where any overt act had been committed; he may be proved to be guilty of an overt act laid in the indictment in which he had no personal participation, by proving that he advised it, or that he committed other acts. This is, perhaps, too extravagant to be in terms maintained. Certainly it cannot be supported by the doctrines of the English law.
The opinion of Judge Patterson in Mitchell's case has been cited on this point.—2 Dal. 348.
The indictment is not specially stated; but from the case as reported, it must have been either general for levying war in the county of Alleghany, and the overt act laid
must have been the assemblage of men and levying of war in that county; or it must have given a particular detail of the treasonable transactions in that county. The first supposition is the most probable; but let the indictment be in the one form or the other, and the result is the same. The facts of the case are, that a large body of men of whom Mitchell was one, assembled at Braddock's field, in the county of Alleghany, for the purpose of committing acts of violence at Pittsburgh. That there was also an assemblage at a different time at Couches fort, at which the prisoner also attended. The general and avowed object of that meeting was to concert measures for resisting the execution of a public law. At Couches fort, the resolution was taken to attack the house of the Inspector, and the body there assembled marched to that house and attacked it. It was proved by the competent number of witnesses, that he was at Couches fort armed, that he offered to reconnoitre the house to be attacked, that he marched with the insurgents towards the house, that he was with them after the action attending the body of one of his comrades who was killed in it; one witness swore positively that he was present at the burning of the house, and a second witness said that "it ran in his head that he had seen him there." That a doubt should exist in such a case as this, is strong evidence of the necessity that the overt act should be unequivocally proved by two witnesses.
But what was the opinion of the judge in this case? Couches fort and Neville's house being in the same county, the assemblage having been at Couches fort and the resolution to attack the house having been there taken, the body having for the avowed purposes moved in execution of that resolution towards the house to be attacked, he inclined to think that the act of marching was in itself levying war. It was, then the overt act laid in the indictment was consummated by the assemblage at Couches and the marching from thence, and Mitchell was proved to be guilty by more than two positive witnesses. But without deciding this to be the law, he proceeded to consider the meeting at Couches, the immediate marching to Neville's house, and the attack and burning of the house, as one transaction. Mitchell was proved by more than two positive witnesses to have been in that transaction, to have taken an active part in it, and the judge declared it to be unnecessary that all should have seen him at the same time and place.
But suppose not a single witness had proved Mitchell to have been at Couches, or on the march, or at Neville's. Suppose he had been at the time notoriously absent in a different state. Can it be believed by any person who observes the caution with which Judge Patterson required the constitutional proof of two witnesses to the same overt act, that he would have said Mitchell was constructively present, and might on that straining of a legal fiction, be found guilty of treason? Had he delivered such an opinion what would have been the language of this country respecting it? Had he given this opinion, it would have required all the correctness of his life to strike his name from that bloody list in which the name of Jeffries is enrolled.
But to estimate the opinion in Mitchell's case, let its circumstances be transferred to Burr's case. Suppose the body of men assembled in Blennerhassett's island had previously met at some other place in the same county, and that Burr had been proved to be with them by four witnesses:—That the resolution to march to Blennerhassett's island for a treasonable purpose had been there taken; that he had been seen on the march with them; that one witness had seen him on the island, that another thought he had seen him there; that he had been seen with the party directly after leaving the island; that this indictment had charged the levying of war in Wood county generally; the cases would then have been precisely parallel, and the decisions would have been the same.
In conformity with principle and with authority then, the prisoner at the bar was neither legally nor actually present at Blennerhassett's island; and the court is strongly inclined to the opinion that without proving an actual or legal presence by two witnesses, the overt act laid in this indictment cannot be proved.
But this opinion is controverted on two grounds. The first is, that the indictment does not charge the prisoner to have been present.
The second, that although he was absent, yet, if he caused the assemblage, he may be indicted as being present, and convicted on evidence that he caused the treasonable act.
The first position is to be decided by the indictment itself. The court understands the allegation differently from the attorney for the U. States. The court understands it to be directly charged, that the prisoner did assemble with the multitude and did march with them. Nothing will more clearly test this construction than putting the case into a shape which it may possibly take. Suppose the law to be, that the indictment would be defective unless it alleged the presence of the person indicted at the act of treason. If upon a special verdict facts should be found which amounted to a levying of war by the accused, and his counsel should insist that he could not be condemned because the indictment was defective in not charging that he was him, if one of the assemblage which constituted

the treason, or because it alleged the procurement defectively, would the attorney admit this construction of his indictment to be correct? I am persuaded that he would not, and that he ought not to make such a concession. If, after a verdict, the indictment ought to be construed to allege, that the prisoner was one of the assemblage at Blannerhasset's island, it ought to be so construed now. But this is unimportant, for if the indictment alleges that the prisoner procured the assemblage, that procurement becomes part of the overt act and must be proved as will be shown hereafter. (To be Continued.)
Latest Proceedings in the Trial, for a Misdemeanor.
TUESDAY, September 15. THE court commenced its session at eleven o'clock; the counsel for the United States having taken till then to consider the opinion pronounced the day before. Mr. Hay informed the court that the counsel for the prosecution wished to go on with their evidence, and meant to introduce it in conformity with the court's opinion. He observed that a clause in that opinion said that acts of accomplices were not to be given in evidence, except so far as those acts went to promote the project charged in the indictment. Under those words, he conceived that such acts as did promote the enterprise might be given in evidence. Mr. Botta. You may as well stop there. I cannot conceive that, under the opinion of the court, you can introduce any evidence of any kind. Mr. Botta then entered into a commentary of some length upon the opinion, to demonstrate that no testimony was admissible; Col. Burr not having been present on Blannerhasset's island, where the preparations were stated in the indictment to have taken place. Mr. Martin proposed that the gentlemen should offer any evidence which they had, and the counsel for Col. Burr would then make their objections. Mr. Neal was called a second time. Mr. M'Rae asked him if he was at the island about the time laid in the indictment. He answered that he knew nothing about those transactions, and was therefore examined no farther. Mr. James M'Dowell was next sworn. Mr. Hay. This witness is introduced to prove what passed, in an interview between the accused and himself at the mouth of Cumberland, where the accused was, at the head of the party assembled, and stated to him the object of the expedition. Mr. M'Dowell, being questioned said he was one of those who went down the river, and that he first saw Col. Burr at the mouth of Cumberland. Col. Burr objected to this evidence. Mr. Wirt contended it was admissible according to one of the results deduced from the Chief Justice himself from his reasoning; observing that the conduct of the accused at the mouth of Cumberland did not constitute a distinct substantive cause of prosecution under the act of Congress. It was not intended to be proved that he provided at the mouth of Cumberland the means of the expedition; but that he there was acknowledged as commander of the means already provided; and thence to infer, (by way of argument to the jury,) that he was the provider of the means prepared at the island. He conceived that this (as circumstantial evidence) was clearly proper. Mr. Botta said he had supposed it not in the power of language to convey a thought with more perspicuity than the Chief Justice had conveyed one in opposition to Mr. Wirt's construction of his opinion. He regretted the Chief Justice should be doomed to sit there, and to hear opinions of his of the most nervous perspicuity, opinions which did him immortal honor, perverted and misrepresented. In his judgment, the opinion now in question contained the plainest propositions that ever were conceived by a mind or written by a pen; so plain that they could be misunderstood, only, by the minds of the able gentlemen on the other side. The Chief Justice entered into an elaborate explanation of his opinion, which he observed was misunderstood by the counsel for the U. States, in consequence of their having taken up improper impressions of the meaning of the vague words "begin or set on foot," used in the act of Congress. He concluded with saying that the evidence already introduced on the part of the United States, clearly showed that the expedition did not begin at Blannerhasset's island; but if there was any evidence that the means were prepared there by the accused, evidence of this was admissible. Mr. Hay said he was very sorry that the court seemed to suppose the counsel for the United States, to be designedly taking a course in opposition to its opinion. He declared that he understood the position laid down by the court as the results of its reasoning, to authorize the course they proposed to take; and had naturally supposed that the plain intention of the whole opinion was unequivocally expressed in those results. His idea was that the accused might be prosecuted in any district where the means for the expedition were provided, if it could be proved that he was the provider, either by direct or circumstantial evidence. Mr. Dudley Woodbridge was examined concerning the contract made by Col. Burr with him and Blannerhasset; on which subject his testimony was the same with that formerly delivered; but he did not prove that any thing was done at the island in pursuance of that contract. Mr. Hay observed, that he found it impossible to proceed with his evidence, without meeting, at every turn, with the opinion of the court, which excluded the greater part. He wished therefore to dispose of the cause; and, for that purpose, would enter a nolle prosequi or discharge the jury. Col. Burr and his counsel denied that he had a right to enter a nolle prosequi ; and insisted on the jury's rendering a verdict. After some debate the Chief Justice said he could not deviate so far from the established practice of this country as to permit a nolle prosequi , after the jury were sworn, in a criminal case. The jury retired, and, having been ab-
ent a short time, returned a verdict of "NOT GUILTY." Mr. Wickham made a few observations, stating his construction of the court's opinion; after which a nolle prosequi was entered on the indictment against Jonathan Dayton; but this recognizance was agreed not to be considered as discharged; that his attendance hereafter to answer the charge of treason, if necessary, might be enforced. Mr. Hay gave notice that on the next day he should make a motion for the commitment of Col. Burr, and Messrs. Blannerhasset and Smith, for the purpose of sending them to another district to be tried for treason. Col. Burr wished Mr. Hay to specify the place where he alleged the overt act to have been committed. Mr. Hay said that he would, if he could cover a considerable space, and comprehend transactions from the assembling of the troops at Blannerhasset's island to their final dispersion. He believed an overt act was committed at the mouth of Cumberland; but the court, after hearing the evidence would decide on the proper district to which the accused should be sent. The court adjourned, to sit again on Wednesday at 11 o'clock. WEDNESDAY, September 16. Mr. Hay made his motion to commit Messrs. Burr, Blannerhasset and Smith. Col. Burr said, that notwithstanding he might claim his discharge on the ground of acquittal, he agreed to permit the evidence to be heard, so far as relevant to any specific charge. He wished, however, separate motions to be made as to himself, Blannerhasset and Smith; and also demanded a specific charge before the gentlemen should proceed. The Chief Justice observed this was a dispute about nothing. No doubt there must be a charge; a charge is already made. The court has a right to retain the accused here until the charge is heard. I will bind him in a new recognizance if he desires it. I understand the charge to be that an overt act of treason was committed at the mouth of Cumberland; but, if, on examination, it is found elsewhere, the court will act accordingly. Mr. Hay wished the court not to be limited to the mouth of Cumberland; especially as some doubts existed whether that place was within the jurisdiction of Kentucky. The court could ascertain the place, after hearing the evidence; and, for the sake of the witnesses, who had been so long kept attending, to the great injury of their private affairs, he prayed that the examination might commence, and go on without further interruption. Mr. Wickham desired the motions to be made separately for the advantage of the witnesses themselves. He contended that one examination would be sufficient; and as there were different counsel employed for the different persons, the blending all the cases together would create confusion. Mr. Hay. A single circumstance will show the impropriety of a division. The first witness to be introduced will prove that they were all present together at the mouth of Cumberland. The Chief Justice. Let the case go on; and, if it is found that any confusion is produced by the joint examination, we can then have the motions separated. Mr. Martin insisted on Mr. Hay's furnishing a specific charge in writing; which was accordingly drawn, and stated the overt acts of treason to have been committed at the mouth of Cumberland, and elsewhere between that place and Bayou-Pierre in the Mississippi Territory, and also at Bayou-Pierre. Col. Burr observed, if gen. Eaton was to be again introduced, that he wished to reserve his objections to his testimony. The Chief Justice. I shall consider all objections as reserved. James M'Dowell was then sworn, and delivered his testimony nearly in the following words. In the month of December last as well as I can recollect, I engaged at Wheeling with one William Deane to go down the river to New-Orleans with a boat load of flour and whisky. We went on down with the boat to a town called Shawnee Town. There was Blannerhasset, Israel Smith, Comfort Tyler, and a good many more. That place is below Blannerhasset's island. From that, I went on with them down to the mouth of Cumberland. I there saw Col. Burr for the first time. We all went up the bank, and he was introduced to us. We all formed a ring, and he made a speech to us. He said it was an improper time to divulge his secrets. There were too many bystanders. Comfort Tyler, Israel Smith, William Deane, and Blannerhasset were standing out together. Col. Burr told Mr. Tyler he might tell the gentlemen what he thought proper. Tyler told the men that the captains of the boats would tell them what the project was. There was generally a captain to each boat. Col. Tyler then told them that, when they got to Lance Creek (otherwise called New-Madrid,) he would let them know where they were going, and what upon. William Deane sold the boat in which I came down to Comfort Tyler and Israel Smith. We proceeded down to New-Madrid, where we expected to be told where we were going. We were told there by Comfort Tyler we should be informed at a place lower down. Several places were mentioned, but they could never find the proper place to reveal the secret. There were too many bystanders. We went on down to Bayou-Pierre. Here Col. Burr interrupted the witness and said the enquiry ought to be limited to the overt acts alleged at the mouth of Cumberland. The Chief Justice did not perceive this evidence to be inadmissible. Col. Burr recommended it to the counsel for the U. S. to confine their testimony in the first place to the transactions in Kentucky. They might then go on without interruption. Mr. Hay could not consent to this. He observed that the written charge did not confine the allegations to the mouth of Cumberland. Mr. Wirt mentioned the expense of detaining the witnesses as a very serious thing
to the country. To prevent the inconvenience of detaining them until the points of law in controversy could be settled, he proposed that their affidavits should be taken. Col. Burr. You must ask my consent for that. Mr. Martin. I never heard such a proposition before. The Chief Justice observed that, as the witnesses were here, their affidavits could not be used on this motion; though it might be done if they were absent. Mr. Botta contended that this court had no power to enter into an investigation of the transactions in the Mississippi territory; that the Chief Justice under the act of Congress had power to commit a person accused of a crime in any district of the U. S. for the purpose of his being sent to such district for trial; but that a territory of the U. S. was not a district. The courts of the Mississippi territory, said he, have no connexion with the courts of the United States properly so called. We are not prepared to act in the Mississippi territory. If we were to go into that Territory, we should meet perjury, rank perjury, at the threshold. He also observed that the acquittal of Col. Burr for the treason prohibited farther enquiry. The Chief Justice said he wished that question to be reserved, as he did not wish to decide it, unless it should be absolutely necessary. It was an important constitutional question which ought to be settled by the supreme court. Col. Burr. As we are driven to object to part of the testimony, we must avail ourselves of every proper and legal objection. The acquittal in this court is such an objection; and I wish this great question to be argued and settled now. In the whole course of this business, I have endeavored, for the benefit of others as well as myself, to have every question that could be raised argued and settled. Mr. Botta then began the argument on the subject, contending that this court had no cognizance of acts done in the Mississippi territory, and could not send thither any person for trial; that the acquittal of Col. Burr for the overt act charged at Blannerhasset's island, was a bar to a prosecution for any overt act of the same treason committed at any other place; and that even the investigation which had been made by a grand jury in the Mississippi territory, and their declaration of his innocence was sufficient to clear him from any farther trial in that territory. Mr. Botta's discourse continued 'til the court adjourned. THURSDAY, Sept. 17. Mr. Hay suggested the great inconvenience of proceeding with this long argument before examining the witnesses, and urged the court to hear the evidence first. The Chief Justice saw no objection to letting the witnesses be heard, as to the acts in Kentucky. If the overt acts should be sufficiently proved in Kentucky for a jury to find a verdict against the accused, acts in the Mississippi territory might be shown as corroborative evidence. He was not satisfied, at present, that he could commit for trial in the Mississippi territory. Mr. Hay. I think I can satisfy you, sir, on that point. The Chief Justice. Then the argument had better proceed. Mr. Hay proceeded with the argument at large, and spoke at considerable length with his usual ability. The rapid succession of events relative to the trial, and the want of time and room put it out of our power to state the substance of this speech and of the others by which it was succeeded. Mr. Martin cited some authorities in support of the positions which had been taken by Mr. Botta. The counsel for the U. S. were then asked whether they desired to say any thing in answer to those authorities. They said they were willing to submit the question to the court. Mr. Martin rose again and spoke for more than an hour. He was followed by Mr. Wickham who delivered one of the most eloquent and energetic speeches we have ever had the pleasure of hearing. He chiefly confined his remarks to the important point that the acquittal of Aaron Burr by the verdict of the jury was a bar to the motion now made by Mr. Hay. He insisted that the treason was one act; that all the overt acts of levying war wherever committed were parts of that great act; and that an acquittal for one of those overt acts, being an acquittal on an indictment for the treason, operated as a bar to any prosecution for any other overt act. When he had finished, Mr. Hay observed that Thomas Logwood had been tried and convicted in this court, several different times, for forgery of several bank notes; and insisted that the offence now charged is not the same offence for which Col. Burr had been indicted and tried. Mr. Martin. Each bank note counterfeited constitutes a distinct offence; but each overt act of levying war is not a separate offence. Mr. Wirt cited 2 Hawk. c. 35 § 1. & 3. to show that a man can not plead a former acquittal in bar of a prosecution, unless that acquittal had been for the same offence, and unless the trial had taken place before a court having complete jurisdiction of the case, and upon an indictment correctly drawn. He contended that, at the former trial, the court having excluded the evidence of the overt acts committed out of the District of Virginia, this circumstance evinced that those overt acts were considered as constituting a different crime from an overt act within this district. If the whole treason had been considered by the court as one act, the testimony as to all the overt acts of which it consisted would have been admitted to go to the jury. He insisted, too, that, since the court had rejected the evidence on the grounds of an alleged defect in the indictment, and done out of the district, the accused had not a right to plead his acquittal, on that indictment, against any future indictment for an overt act of treason committed out of the district. Mr. Wirt made many other observations, and continued his discourse, with great force of argument, 'til late in the afternoon. Mr. Botta replied at some length; and the court adjourned between five and six o'clock.
FRIDAY, September 18. Mr. Randolph on this day concluded the argument, and the Chief Justice delivered his opinion in writing. He reserved the question, concerning the prior acquittal, for future consideration; but decided that he had no power to commit the accused for any act of treason done in the Mississippi Territory. He admitted, however, the evidence relative to the transactions in Kentucky. The rest of the day was consumed in examining witnesses. Their testimony shall be communicated to the readers of the Argus as soon as possible; tho', curtailed as it has been, it has lost a great part of its importance. FROM LIVERPOOL, Aug. 1.—The recent intelligence of an engagement having taken place between his majesty's ship Leopard, and an American frigate, has occasioned a great alarm here, lest it should lead to an interruption of the good understanding that has hitherto subsisted between the two countries. Our ministers have expressed both in the House of Commons and to the merchants of London, a strong desire on their part to prevent a rupture with America, and to make such reparation as would be satisfactory, if, on investigation, the conduct of his majesty's officers should prove to have been improper; and if we may judge from what has occurred, we should incline to the opinion that they fear it has been so; we are however altogether ignorant of what has passed in America on this affair. Should your government have adopted any strong measures the adjustment may be rendered more difficult; and considerable fears are entertained by the merchants here on that head, owing to our having no late arrivals here from your side. Vessels of every description have been detained here, for more than eight days, owing to an embargo being laid in all British ports until an expedition fitted out for the continent has sailed. This being now accomplished, they are again allowed to proceed. "Owing to the uncertainty of the continuance of peace with America, most holders of your produce have thought it prudent to suspend their sales; and therefore what has been done is at some advance; but as this uncertainty must soon change one way or the other, the present state of our market can be of little importance." (Jackson's Register.) BRITISH PARLIAMENT. In the house of commons the 7th of August, in a debate on the consolidated fund bill. Sir Thomas Turton thought, that in the present circumstances it was necessary to give confidence to ministers. Russia and Prussia were prostrated at the feet of France, and our disputes with America increased.—The conduct of the latter country was owing entirely to the pusillanimity of the late ministry, who treated with America with a pistol at their breasts. Mr. W. Smith adverted to what had been said by Sir Thomas Turton relative to America, and said, that when that country was mentioned, it could not be in a language too conciliatory. He was certain that ministers had a very difficult task to perform with respect to America, and he believed they would be very cautious how they followed the advice of the honorable baronet. Accounts from Port-au-Prince, as late as the 31st ult. inform, that Petion and Christophe were still at war—that no signal advantages had been gained by either lately. Flour was as high as 36 dollars. The "farce at Richmond," as the manager promised is proceeding in as droll a style as could possibly be conceived by the most dextrous of mountebanks—the only consolation of sedate men is that scandalous as it is, yet it is better than the bloody tragedy in the western country which it has superceded.—Aurora. We have not room at present for "A Militia Man," even if it had been an original production, having already several manuscripts on file which must be deferred. The piece too has already appeared in a Richmond paper, and we are not in the habit of copying. MARRIED—On the 10th inst. Mr. JAMES ROYSTER, of this City, Merchant, to Miss POLLY BOHANNON, daughter of Col. Joseph Bohannon, of Essex. On Friday the 28th of August, (by the Rev. Christopher M'Rae) Mr. JOHN BROWN, of Caroline, to the amiable and much accomplished Miss MARY C. MOSELEY, of Powhatan. DEPARTED this life on Tuesday the first inst. in the county of Northumberland, JOHN MILLER, Esquire, a member of the Legislature of Virginia on its last session, after a short but severe indisposition. NEW-YORK, Sept. 12. The fast sailing ship, Robert Burns, captain Waite, arrived at this port at a late hour last night, in 31 days from Liverpool, and brings London dates to the 6th August and Liverpool to the 10th. Also dispatches from the American Legation in London to the Secretary of state. When the Robert Burns sailed, the American vessels were hurrying off, being in daily expectation of an embargo. A London paper of the 8th says "that as yet there has been no embargo laid on American vessels." The Cincinnati sailed on the 9th, the Liberty on the 10th. FROM THE AMERICAN CITIZEN. Desertion—Having no dispatches, Mr. Castleton by letter ordered Bradshaw, commander of the British armed ship Columbine, to depart from our waters. Bradshaw answered by letter, on Monday last, that he would depart when it suited his convenience. The answer was conveyed in the Columbine's boat to our revenue cutter by a midshipman, a youth, accompanied by five hands. The moment the midshipman got into the cutter's cabin to deliver the insolent answer, the men pushed off with the boat to the Hook, where they landed, and whence they have made their escape. The midshipman was not more than five
minutes in the cutter's cabin, and when he returned upon deck, and saw that the hands and boat were gone, he appeared to be distracted, threw his hat upon the deck, wrung his hands, and said he should be broken and ruined. At his request he was conveyed to the Jason, fearing to return to the Columbine. At the Jason he found Bradshaw, his commander, dining with capt. Cochrane, who interceded for the midshipman, said it was an affair beyond his control and requested Bradshaw to say no more about it. The sailors avail themselves of every opportunity to escape. There is something either excessively loathsome in the British service, or uncommonly fascinating in our shores. Every sailor in the two ships now at the Hook would quit the service if he could, and some of them risk their lives for their freedom. The other day one of the Columbine's men jumped overboard, and after swimming six miles, was taken up by a wood boat. ALBANY (N. Y.) September 8. Extract of a letter to the Editor, dated "Montreal, August 27, 1807." "Vigorous preparations are making throughout this province in expectation of an attack from the States. On a review of the militia this morning, the commanding officer harangued them in French, and informed them that as war was expected between England and the United States, it was the wish of his majesty that the people of Canada should be in readiness; it was therefore ordered that every fifth man of the militia be immediately selected, and equipped at the expense of government." NORFOLK, September 12. PORT OF NORFOLK. ARRIVED, Gallot Fortune, Norton, 44 days from Teneriffe.—Wine.—T. Armistead. Sch. Feronia, Block, 36 hours from New-York, on freight with passengers. In Hampton Roads bound to City Point, bring John and Charles, Merrill, 63 days from Liverpool.—Dry Goods. In Hampton Roads, bound to Baltimore, bring Second Attempt, Williamson, 24 days from Jamaica, wind bound, and in want of provisions. The ships Jane, Huntress, Martha Bland, and Protectress, were at Liverpool on the 1st of August. Ship Nelly, Rider, 42 days from Liverpool.—Salt and dry goods.—W. Ashley. In distress, sch. Jefferson. H. Ashley, 36 days from Jamaica, bound to New-York. In Hampton Roads bound to Baltimore, brig Ann Elizabeth, Skinner, 68 days from Bordeaux.—wine and brandy. British ship Mary, Cummings, 74 days from Leith, bound to Bermuda. Hundred. NOTICE. The Partnership of MCAY & COWAN, was this day dissolved by mutual consent.—Those indebted to the firm, are requested to make payment to William Mcay, and those having claims against the firm, are requested to render their accounts to him for settlement. W.M. MCAY. W. COWAN. Sept. 14 1807. NOTICE. MESSRS. Robert King, and Charles Crough, and Robert King, James Thompson, and Thomas Ravenshall, John Edie, Conrad Laub and William Davidson, Executors of James Short, dec.—TAKE NOTICE, that I shall proceed to the following depositions, at the times and places her after mentioned, to be read as evidence in two suits now depending in the Chancery Court for the Richmond District, in which I am plaintiff and you are the defendants, to wit: the deposition of John M. Rose and others, on the 19th day of October next, at the Dwelling House of Major David Paterson, of Buckingham county—and on the 23rd day of October, 1807, I shall proceed to take the deposition of Mr. John Love and others, between the hours of ten o'clock and sunset of the same day, at the house of Thaddeus Morris, at Fauquier courthouse. ROBERT H. ROSE. Sept. 17 1807. NEW BOOKS, Just received at this Office: The Tocuin, or the Call to Arms! an Essay; being an enquiry into the late proceedings of Great Britain, in her unjust & illegal attack upon the liberty and independence of the United States of America. Simple Tales by Mrs. Opie, 2 vols. A New System of Domestic Cookery, formed upon principles of economy, and adapted to the use of private families. Wonders of Creation, Natural and Artificial; being an account of the most remarkable Mountains, Rivers, Lakes, Cataracts, Mineral Springs, Miscellaneous Curiosities, and Antiquities in the known world—compiled from Geographers, Historians, and Travellers of the greatest celebrity, in 2 vols. by D. R. Preston, author of the Juvenile Insurance, &c. My Pocket Book; or Hints for "A Ryght, Merric and Cheverel," Tour, in quo. o. to be called "The Stranger in Ireland, in 1805," by a Knight Errant. The Wanderer of Switzerland, and other Poems by James Montgomery. The Fashionable World Displayed. An account of the life and writings of James Beattie, L. L. D., by Sir William Forbes. Memoirs of Dr. Joseph Priestley, to the year 1793, written by himself; with a continuation, to the time of his decease, by his son Joseph Priestley; and observations, on his writings, by Judge Cooper, and the Rev. W. Christie, 2 vols. Elements of Useful Knowledge, containing Historical and Geographical account of the United States; also, the Empires and States in Europe, Asia and Africa, with their Colonies; to which is added a brief description of New Holland and the principal Islands in the Pacific and Indian Oceans, for the use of Schools—by Noah Webster, 3 vols. price one Dollar and twenty-five Cents. Letters to a Young Lady, on a course of English Poetry—by J. Aikn, M. D. Essays in a Series of Letters to a Friend—by John Foster, 2 vols. Super-Royal Printing Paper. One hundred reams Super-Royal PRINTING PAPER, for Sale.—Apply to the Printer. Sep. 19.

Latest Foreign Intelligence.
New-York, September 12.
The fast sailing ship George, captain Taylor, arrived at this port last evening in 28 days from Greenock. She left there on the 13th of August; and captain Taylor has obligingly furnished the editor of the MERCANTILE ADVERTISER with Greenock papers to the 12th, a file of the London Courier to the 9th, a Liverpool paper of the 6th, and the Clyde Shipping List to the 11th, inclusive. We have availed ourselves of all these resources; but our paper being pre-occupied at the time they came into our hands, our political extracts have necessarily been confined. We have in reserve the Treaty between France and Prussia, the 27th bulletin from the Grand Army, and several other interesting articles, which shall be duly noticed in our next number.
The London papers are crowded with extracts from American papers, relative to the attack upon the frigate Chesapeake, by his Britannic majesty's frigate Leopard, which had made a very alarming impression upon the minds of the merchants and manufacturers in England.
LONDON, August 3.
Early on Saturday morning a gentleman arrived at Mr. Secretary Canning's office, with dispatches from the continent, which were taken into consideration at a cabinet council held at one o'clock. The council sat till near six o'clock, when Mr. Mills, the messenger, was ordered to hold himself in readiness to leave town in an hour's notice, for the continent.
The expedition which sailed from the Downs on Friday, under the command of Lord Ludlow, it is stated, has on board about 12000 men.
Dispatches were received from admiral Gambier, who, we understand, was about to pass the Sound when they were sent off. Our readers saw by the Tommagen mail, which arrived on Friday night, that Bernadotte had set off in great haste for Copenhagen, with a message from Bonaparte. The object of it is believed to be to induce Denmark to declare against this country, menacing her with over-running Holstein, if she refuses. Admiral Gambier, however, we should suppose, will take effectual steps for preventing the Danish fleet from falling into his hands.
No intelligence has yet been received from the second expedition; but a very short time will elapse before intelligence arrives of a decisive nature. A letter from an officer on board one of the transports says, "You will soon hear of us, and I am confident, hear at once most important and glorious accounts. We are bound in the most profound secret that ever was kept by any British minister."
From America we have accounts two days later than before received. By these it appears, that Mr. Elstone was not present at the examination of the men at Washington; but still it is maintained that they are American citizens. Barron was dismissed from the Chesapeake in great disgrace. It is alleged against him, that he ought to have been ready to oppose his enemy while his ship had a plank remaining whole. Mr. Monroe has received dispatches from his government, and has had an interview with Mr. Canning. The Americans insist on the right of search being abandoned by Britain; the doctrine is opposed by us; and, if the dispute is not and cannot be adjusted, blows must and will most assuredly be resorted to.
Aug. 4.
The differences with America are likely to be adjusted. The right of searching ships of war has never, it is said, been insisted upon by our ministers.
July 7.
We understand that orders have been issued to Liverpool and other ports, from the Alien Office, desiring that all passports granted before and since the embargo be considered as null; and that no foreigners be permitted to leave the country.
August 9.
It was yesterday strongly reported that the Swedes and the German Legion had made a sortie from Stralsund, and killed, wounded, and made prisoners 5000 Dutch and Spanish troops. Government have received no accounts with respect to the sortie, and no advices have been received from the Continent this morning.
It was reported last night, that accounts had been received via Portugal, of an attack having been made upon Buenos Ayres, which had failed. We trust the rumor will prove unfounded.
It was reported yesterday evening, that a general embargo had taken place. The American captains caught the alarm, and no less than twelve of them cleared out their vessels in ballast, and dropped down the river immediately. The rumor is unfounded. It is perfectly true however that no passports are granted, and no foreigners permitted to leave the country.
PAUCE OF STOCKS , this day at twelve.—3 per cent. Cons. for Money 61 3/4—1 2 Dits for August 61 1 4—3 per cent. Red.—Omnium 1 1/4 dis.
August 9.
Up to this hour no advices have been received from either the one or the other division of our fleets, which have proceeded on the expedition.
Yesterday the Funds experienced a trifling advance, in consequence of the receipt of the Russian Treaty, which, it had been reported, contained articles hostile to the interests of this country. Mr. Jackson's mission to the Continent, we are informed, was in consequence of the 13th article of this treaty, which proposes the mediation of Russia to promote a peace between Britain and France. Our Ministers, it is stated, have professed their desire for a permanent and equitable peace. Mr. Jackson is instructed to inquire the basis on which France is disposed to treat with us, to enter into explanation of the views of our Cabinet, and to create, by every honorable means, facilities to negotiations. The Emperor Alexander, we are assured, has renewed to our Cabinet, declarations of the most cordial and animated friendship.
Nothing transpired yesterday respecting the expedition—the wind having changed to the Northward, information of their pro-
gress is hourly expected by ministers. The troops which embarked at Hull and Grimsby, still remain there; other corps have been ordered to join them, and they are expected to sail the latter end of the week.
Observer. We are still without any further accounts of the progress of our Grand Expedition, towards which public expectation is now so anxiously directed. The promptitude and vigor with which it has been sent on its important destination, are we believe, unexampled. For what remains to be done, we are to look to British valor and enterprize; and in this view experience forbids us to apprehend any disappointment.— Englishman.
Yesterday a bag of letters was received at the post office from Rotterdam, with letters dated on Saturday last. The Expedition from this country occasioned much speculation and alarm in Holland. The Garrisons of Alkmaar, Medemblick, &c. had been marched to the Helder, and the troops at Flushing had, in like manner, been reinforced by drafts from the neighboring garrisons, under an apprehension that those places were the objects of our attack.
Dispatches were yesterday afternoon received at the Foreign Office from the court of Sweden.—Their contents have not transpired.
The expected embargo on American vessels has not yet been adopted, but we are without the means of judging of the cause of this forbearance.—We are informed that the American minister yesterday communicated to our Cabinet, the Proclamation of the American Executive.
STRALSUND.
The following is a journal of the events which have taken place before Stralsund, since the Swedes were compelled to shut themselves up in the fortress:—
STRALSUND, July 15.
"On Monday hostilities commenced, and yesterday the French were only two miles outside our gates. I stood with a gentleman on the ramparts, near two hours, looking on, for we could see every movement quite distinctly. The French drove on, and at length all the Swedes (no British troops were out) about eight thousand returned into the garrison, and we commenced a fire from the town on the French line; thirty were wounded out of the town, two killed and one officer. We are now shut up in the garrison; there is but little firing to day. The French are now regularly attacking the town, by constructing approaches. The King was out a great deal. I saw him yesterday; saw all the troops come in, the wounded, &c. The transports are detained, and probably the troops will be sent home again; at present they are pushing them on as fast as possible. In about a week I suppose we shall be bombarded, if the troops don't make a sally; and people here seem to fear they do, that the French will get in with them, as they have done before at Boiss-le-inc, &c. Three regiments of German Leg. in Infantry, and one of Cavalry, are here now, about 3000 men; the rest in full march through Rügen, and about 3000 Swedes; it will take 18 or 20,000 men to garrison these works, I find. The cavalry with the enemy are Spanish, the other troops Italians and Dutch. A village was burnt yesterday, just outside the walls, by lightning; we have had a great deal lately."
"July 17."
"Lord Cathcart arrived last night at 7 o'clock, and is much disappointed at our cooped up condition. Nothing new since yesterday. I have not been able to walk to the ramparts to get a look at the French all yesterday or to day. Lord Cathcart will now, I think, decide whether we are to return or attack; we expect rather to return."
July 19.
"Stralsund is as full as it can cram, and we can go but a quarter of a mile out of town, our friends the French sticking so close as one and a half English miles off. This is Sunday, but all the churches are full of horses, and the pews are filled with soldiers, bread, cheese, &c."
"The French are working at their batteries as hard as they can; a trifling firing is going on to day. The King, I am told, waits the arrival of a messenger from the Emperor of Russia, before he does anything. The piquets of the army are close together. The French are quite round the town."
July 20—5 o'clock in the afternoon.
"I have just learned that Lord Cathcart to-morrow removes his head quarters to Bergen, the capital of the Isle of Rügen; in all probability we shall go with him; it is said the three regiments of the German Legion now here are also to return to Bergen. The King also leaves Stralsund to day. To-morrow it is imagined the town will be bombarded, or perhaps to-night. They have been sparring at each other all day. Imagine how full this place is, when all the country people, their carts, horses, &c. are driven in from before the enemy, with all the furniture and every thing they could get away."
TREATY BETWEEN FRANCE AND RUSSIA. From the Royal Hague Courant Extraordinary, Tuesday, July 26, 1807.
PARIS, July 25.
Yesterday afternoon, at four o'clock the Prince Arch-Chancellor of the Empire laid the two treaties before the Senate, which have been concluded with Russia and Prussia. He at the same time made a very impressive and dignified address to the Senate.
Between his majesty the Emperor of the French, the King of Italy, and his majesty the Emperor of all the Russians.
His Majesty the Emperor of the French, King of Italy, protector of the confederation of the Rhine, and his Majesty the Emperor of Russia, animated with the same interest in putting an end to the devastations of war, have for this purpose, nominated and furnished with full power on the part of his Majesty the Emperor of France and King of Italy, Charles Maurice Talleyrand, Prince of Benevento, his Great Chamberlain, and minister of foreign affairs, Grand Cross of the Black and the Red Eagle of the Order of St. Hubert. His Majesty the Emp-
ress has on his part appointed Prince Kurakin, his actual Privy Counsellor; Member of the Council of State, and of the Senate; Chancellor of all the Orders in the Empire, Ambassador Extraordinary, and Plenipotentiary of his Majesty of all the Russias to his Majesty the Emperor of Austria, Knight of the Russian Order of St. Andrew; of St. Alexander; of St. Uhe; of the first class of the Order of St. Wolodimir, and of the second class of the Prussian Order of the Black and Red Eagle; of the Bavarian Order of St. Hubert; and the Danish Order of Dannebrog, and of the Perfect Union, and Bailli and Grand Cross of the Sovereign Order of St. John of Jerusalem; and Prince Demoty Lubanoff Van Rostoff, Lieutenant General of the armies of his Majesty the Emperor of all the Russias, Knight of the first class of the St. Anne, of the Military Order of St. Boris, and of the third class of the Order of Wolodimir.
The above mentioned, after exchanging their full powers, have agreed upon the following Articles.
Art. 1. From the day of exchanging the ratification of the present treaties, there shall be perfect peace and amity between his Majesty the Emperor of the French & King of Italy, and his Majesty the Emperor of all the Russias.
Art. 2. Hostilities shall immediately cease at all points by sea or land, as soon as the intelligence of the present treaty shall be officially received. In the meanwhile, the high contracting parties shall dispatch couriers extraordinary to their respective generals and commanders.
Art. 3. All ships of war or other vessels, belonging to the high contracting parties or their subjects, which may be captured after the signing of this treaty shall be restored. In case of these vessels being sold, their value shall be returned.
Art. 4. Out of the esteem for his Majesty the Emperor of all the Russias, and to afford to him a proof of his sincere desire to unite both nations in the bonds of mutual confidence and friendship; the Emperor Napoleon wishes that all the countries, towns and territories, conquered from the king of Prussia, the Ally of his Majesty the Emperor of all the Russias, should be restored, namely, that part of the Duchy of Magdeburg, situated on the right bank of the Rhine; the Mark of Brandenburg; the Ucker Mark; the Middle and New Mark of Brandenburg, with the exception of the Circle of Rostock, in Lower Alsace; the Duchy of Pomerania; Upper, Lower, and New Silesia, and the county of Glatz; that part of the District of the Netze, which is situated to the northward of the road of Drietien and Schneidemuhl through Waidau to the Vistula, and extending along the frontier of the circle of Bromberg; and the navigation of the river Netze and of the canal of Bromberg, from Drietien to the Vistula and back, must remain open and free of all tolls; Pomerelia; the island of Nogat; the country on the right bank of the Vistula and of the Nogat to the West of Old Prussia, and to the northward of the circle of Culm; Ermeau. Lastly, the kingdom of Prussia, as it was on the 1st of January, 1772, together with the fortresses of Spandau, Stezin, Castrin, Glogau, Breslau, Schweidnitz, Neisse, Breig, Rosel, and Glatz, and in general all fortresses, citadels, castles, strong holds of the countries above named, in the same condition in which those fortresses, citadels, castles, and strong holds may be at present; also, in addition to the above, the city and citadel of Graudentz.
Art. 5. Those Provinces, which, on the 1st January, 1772, formed a part of the kingdom of Poland, and have since, at different times, been subjected to Prussia (with the exception of the countries named or alluded to in the preceding Article, and of those which shall be described below the 9th Article) shall become the possession of his Majesty the King of Saxony, with power of possession and sovereignty, under the title of the Duchy of Warsaw, and shall be governed according to a regulation, which shall insure the liberties and privileges of the people of the said Duchy, and be consistent with the security of the neighboring states.
Art. 6. The city of Dantzick, with a territory of two leagues around the same, is restored to her former independence, under the protection of his majesty the king of Prussia and his majesty the king of Saxony; to be governed according to the laws by which she was governed at the time when she ceased to be her own mistress.
Art. 7. For a communication betwixt the kingdom of Saxony and the Duchy of Warsaw, his majesty the king of Saxony is to have the free use of a military road thro' the states of his majesty the king of Prussia. This road, the number of troops which are allowed to pass at once, and the resting places, shall be fixed by a particular agreement between the two sovereigns under the mediation of France.
Art. 8. Neither his majesty the king of Prussia, his majesty the king of Saxony, nor the city of Dantzick shall oppose any obstacles whatever to the free navigation of the Vistula under the name of tolls, rights or duties.
Art. 9. In order as far as possible to establish a natural boundary between Russia and the duchy of Warsaw, the territory between the present confines of Russia from the Bug to the mouth of the Lassa along the towing path of the said river, and that of the Bohra up to its mouth; that of the Narew, from the mouth of that river as far as Suradz; from Lissa to its source near the village of Mein; from this village to Nutzek, and from Nutzek to the mouth of that river beyond Nure; and finally along the towing path of the Bug upwards to extend as far as the present frontiers of Russia. This territory is forever united to the empire of Russia.
Art. 10. No person of any rank or quality whatever, whose residence or property may be within the limits stated in the above-mentioned article, nor any inhabitant in those provinces of the ancient kingdom of Poland, which may be given up to his majesty the king of Prussia, or any person possessing estates, revenues, pensions, or any other kind of income shall be molested in his person, or in any way whatever, on account of his rank, quality, estates, revenues, or any other kind of income.
consequence of any part, political or military, which he may have taken in the events of the present war.
Art. 11. All contracts and engagements between His Majesty the King of Prussia and the ancient possessors, relative to the general imposts, the ecclesiastical, the military or civil benefices, the creditors or pensioners of the old Prussian Government, are to be settled between the Emperor of all the Russias and His Majesty the King of Saxony; and to be regulated by their said Majesties, in proportion to their acquisitions according to Article 5 and 9.
Art. 12. Their Royal Highnesses the Dukes of Saxe, Cobourg, Oldenburg and Mecklenburgh Schwerin, shall each of them be restored to the complete and quiet possession of their estates, but the ports in the Duchies of Oldenburg and Mecklenburgh, shall remain in the possession of French garrisons till the Definitive Treaty shall be signed between France and Britain.
Art. 13. His Majesty the Emperor Napoleon accepts of the mediation of the Emperor of all the Russias, in order to negotiate and conclude a Definitive Treaty of Peace between France and Britain, however, only upon condition that this mediation shall be accepted by Britain in one month after the exchange of the ratification of the present Treaty.
Art. 14. His Majesty the Emperor of all the Russias being desirous on his part to manifest how ardently he desires to establish the most intimate and lasting relations between the two Emperors, acknowledges his Majesty Joseph Napoleon, King of Naples, and his Majesty Louis Napoleon, King of Holland.
Art. 15. His Majesty, the Emperor of all the Russias, acknowledges the Confederation of the Rhine, the present state of the possessions of the Princes belonging to it, and the titles of those which were conferred upon them by the act of Confederation, or by the subsequent treaties of accession. His said Majesty also promises information being communicated to him on the part of the Emperor Napoleon, to acknowledge those sovereigns who may hereafter become members of the Confederation, according to their rank specified in the act of Confederation.
Art. 16. His Majesty the Emperor of all the Russias cedes all his property in the right of sovereignty to the Lordship of Bever, in East Friesland, to his Majesty the King of Holland.
Art. 17. The present treaty of peace shall be mutually binding, and in force for his majesty the king of Naples, Joseph Napoleon, his majesty Louis Napoleon, king of Holland, and the sovereigns of the Confederation of the Rhine, in alliance with the Emperor Napoleon.
Art. 18. His Majesty the Emperor of all the Russias also acknowledges his Imperial Highness Prince Jerome Napoleon, as King of Westphalia.
Art. 19. The kingdom of Westphalia shall consist of the provinces ceded by the king of Prussia on the left bank of the Elbe, and other states at present in the possession of his Majesty the Emperor Napoleon.
Art. 20. His Majesty the Emperor of all the Russias, engages to recognize the limits which shall be determined by his Majesty the Emperor Napoleon, in pursuance of the foregoing 19th article, and the cessions of his Majesty the King of Prussia (which shall be notified to his Majesty the Emperor of all the Russias) together with the state of possession resulting therefrom, to the Sovereign for whose behalf they shall have been established.
Art. 21. All hostilities shall immediately cease between the troops of his Majesty the Emperor of all the Russias, and those of the Grand Seignor, at all points, wherever official intelligence shall arrive of the signing of the present Treaty. The High Contracting parties shall, without delay, dispatch Couriers extraordinary to convey the intelligence, with the utmost possible expedition, to the respective Generals and Commanders.
Art. 22. The Prussian troops shall be withdrawn from the Province of Moldavia, but the said Province, may not be occupied by the troops of the Grand Seignor, till after the exchange of the Ratifications of the future Definitive Treaty of Peace between Russia and the Ottoman Porte.
Art. 23. His Majesty the Emperor of all the Russias, accepts the mediation of his majesty the emperor of France and king of Italy, for the purpose of negotiating a peace advantageous and honorable to the two powers, and of concluding the same.
The respective Plenipotentiaries shall repair to that place which will be agreed upon by the two powers concerned, there to open the negotiations, and to proceed therewith.
Art. 24. The periods within which the high contracting parties shall withdraw their troops from the places which they are to evacuate pursuant to the above stipulations, as also the manner in which the different stipulations contained in the present treaty shall be executed, will be settled by a special agreement.
Art. 25. His Majesty the Emperor of the French, King of Italy, and his Majesty the Emperor of all the Russias, mutually ensure to each other the integrity of their possessions, and of those of the powers included in this present treaty, in the state in which they are now settled, or further to be settled, pursuant to the above stipulations.
Art. 26. The prisoners made by the contracting parties, or those included in the present treaty, shall be restored in a mass, and without any cartel of exchange, on both sides.
Art. 27. The commercial relations between the French empire, the kingdom of Italy, the kingdom of Naples and Holland, and the confederated States of the Rhine, on the one side, and the Empire of Russia on the other, shall be replaced on the same footing as before the war.
Art. 28. The ceremonial between the two Courts of the Tuileries and Peterburgh, with respect to each other, and also their respective Ambassadors, Ministers, and Envoys, mutually accredited to each other, shall be placed on the footing of complete equality and reciprocity.
Art. 29. The present Treaty shall be ratified by his Majesty the Emperor of the French, King of Italy, and his Majesty the
Emperor of all the Russias, and the space of four days.
Done at Tilsit, 7th July (25th June) 1807.
(Signed) C. M. TALLEYRAND, Pr. of Benevento. Prince ALEX. KOURAKIN Prince D. L. VAN ROSTOFF. A true Copy.
(Signed) C. M. TALLEYRAND, Pr. of Benevento.
GLASGOW, August 10.
By a vessel which left New York on the 14th of July, and arrived at Liverpool on Thursday, we have been put in possession, through the politeness of a mercantile house in this city, of a copy of the President's Proclamation, and of other interesting intelligence from America, of the latest date. On the matter of right, we shall at present avoid all discussion. As to the probable consequence of the present dispute, our opinion inclines to war. All armed ships in British commission are prohibited from entering American ports; those at present in American ports are ordered instantly to depart, and all intercourse with them is prohibited. The only condition held out to our government in the President's Proclamation is reparation, a word of much moment, and of very indefinite interpretation. We think it most probable that our ministers will support Admiral Berkeley, and vindicate his conduct.
Under the London head, and in our correspondent's letter, the reader will find a number of rumors from the Continent.—A war with Russia we apprehend to be not less probable than a war with America. Stocks have fallen.
Postscript.
TREATY BETWEEN FRANCE AND PRUSSIA.
Among the articles of foreign intelligence received by his morning's mail from New York, we find the treaty between France and Prussia; the 27th article indicates the temper of the emperor Napoleon towards Great-Britain, and leaves but little doubt that if the war is continued, she must contend against the combined effort of continental Europe.— Pol. Reg.
"Art. XXVII. Until the day of the ratification of the future definitive treaty of peace between France and England, all the 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 the British colonies; nor shall any ships from England, or her colonies, be admitted into any Prussian port."
From the Boston Chronicle.
ONE OF THE CHESAPEAKE'S CREW HUNG!!!
It appears by the following statement, that a court martial has sentenced to be hanged, one of the four unhappy men who were seized by the British ship of war Leopard, on board the American frigate Chesapeake, in defiance of all law, human and divine. The other three prisoners of war remain to be hanged in due season—one at a time, perhaps two, as the policy of state may dictate, and as the feelings of the American people may admit, in this last experiment on their patience and self-denial! Such an outrage has no parallel! It therefore requires no comment. But, if there is one drop of true American blood yet warm in our veins, and this insult is unrevenged, notwithstanding—let us then strike our flag never to raise it again, and be moan in silence our honor lost, and our country humbled in "dust and ashes." [The proceedings of the court-martial shall appear in our next]
NEW YORK, Sept. 9.
IMPORTANT FROM CANADA.
In a Quebec paper of August 13, is a proclamation laying an embargo on all "vessels wholly or partly laden with warlike stores or any denomination." The embargo is to continue till January. Another proclamation ordains, that the legislative assembly of Lower Canada be convened on the 25th September, to act upon matters concerning the state and defence of the province.
A gentleman from Quebec informs, that the British are busy in clearing the plains before that city; that they have collected there most of the cannon and military stores; and that the troops have lately received their pay to encourage them. Two Vermonese are among the persons confined at Quebec, for endeavoring to entice soldiers to desert.
The depositions and documents respecting the mutiny of the THREE SEAMEN taken from the CHESAPEAKE, are given at great length in the National Intelligence.
The 87th Bulletin of the Grand Army was received by last evening's mail. It shall appear in our next.
A House and Lots
FOR SALE
THE subscriber offers for sale three valuable LOTS OF GROUND in the city of Williamsburg, on which there is a large and commodious dwelling house, (containing eight good rooms, and two large passages) together with a good garden, a stable, and all necessary out houses for the use of a genteel family.
Any person desirous of purchasing will please to apply to William Munford, Box of the city, who will make known the terms of sale, and is authorized to conclude the bargain. Possession will be delivered to the purchaser on the 10th day of January next.
Anna Byrd.
Richmond, September 12. 1807.
A FRESH SUPPLY OF
Church's Cough Drops
is just received from the Proprietor & Dispenser.

FOR SALE, THAT most beautiful and healthy situation, known by the name of HALLSBOROUGH, or HALL'S STORE, lying on the Buckingham road, seventeen miles above Manchester. Also another valuable TRACT OF LAND, in the lower end of Powhatan county, containing two hundred acres more or less, with good improvements, and there is no doubt of a great quantity of COAL being on this land. The subscriber will give a great bargain in the sale of this land, as he wishes to move to the Western country. For terms apply to ZACH'Y HALL. August 25th, 1807.
FOR RENT, AND possession given on the 1st day of Oct. three large and convenient Rooms, fronting the street, in the upper part of the house at present occupied by Carter B. Page, Esq. These rooms are well calculated for offices and may be had on reasonable terms. Also the cellar under the store of J. W. Dennis & Co which has lately been fitted up as a store and is rendered more comfortable than usual, there being a good plank floor. For terms apply to Benjamin, Dennis. Richmond, August 20th, 1807.
Ten Dollars Reward. RUN AWAY from the Subscriber, on the 28th of April, a Negro Man JOE, and Woman named FANNY KENNY, which eloped on the 11th of June. The man is a bright mulatto, about 28 years of age, straight and well built, and has a very brisk walk, and is a very handy, sensible fellow—about 5 feet, 8 or 10 inches high—The woman is so light, that hardly any person would take her to be a slave—She has blue eyes and straight sandy colored hair, and if her skin was well kept, she would be taken for a white woman—her right forefinger is off at the first joint, and has a large scar on her left arm, occasioned by a burn, and has a very brisk walk, about 20 years of age, and had on when she went away, a white Virginia Habit, and as they are Brother and Sister, it is likely they will get together, change their names, and pass as free people. Any person that will deliver them to the Subscriber, in Hanover county, or secure them in any Jail, so that I get them again, shall receive the above reward. BENJAMIN BOWLES. June 13, 1807. N. B. I forewarn all owners or masters of vessels from carrying them off.
Notice, THAT by virtue of a deed of trust made to us, we shall on Saturday the 26th day of September next, before the front door of the Eagle Tavern in this city, expose to sale for ready money, to the highest bidder, one certain piece or parcel of GROUND, situate in this city, at Rockers, being a part of Rorer's Tenement, as it is generally denominated, and which is more particularly described in the aforesaid deed executed by Richard Young to us, and only recorded in the Hustings court of this city, or so much thereof as shall be sufficient to pay and satisfy Byrd George the sum of 400 dollars, with interest thereon from the 10th day of May, 1807, and the costs and charges attending the execution of this trust. Wm. McKim, } Trustees Wm. Marshall, } Richmond, 27th, Aug. 1807. tds
JUST RECEIVED, AND FOR SALE ON LIBERAL TERMS, 1000 Sacks Liverpool Salt. JOHN TOMPKINS. 7th July, 1807. tf
PRICES OF Nails, Brads & Sprigs, MANUFACTURED at the Penitentiary, and for sale by NICHOLAS WALLAM, agent for the Corporation, a few doors above the Swan Tavern, Richmond.
   CUT NAILS.   Wholesale. Retail.     3d. 12 1-2 cents. 13 1-2 cents per pound.   4d. 11 1-2 12 1-2   6d. 10 1-2 11 1-2   8d. 10 11   10d. 9 1-2 10 1-2   12d. 9 1-2 10 1-2   20d. 9 1-2 10 1-2     CUT BRADS.     2d. 9 1-2 10 1-2   10d. 9 10   12d. 9 10   20d. 9 10     WROUGHT NAILS.     6d. 12 13 1-2   8d. 11 1-2 12   10d. 11 12   12d. 11 12   20d. 11 12   30d. 11 12  
Spikes of all sizes the same price as 8d nails. CUT SPRIGS. 8d.—50 cents per thousand—4d. 67 cents per thousand—6d. 84 cents per thousand. Also, for sale as above, a variety of Plantation Utensils, such as Plough-Plows, Harrow-teeth, Axes, Wedges, Chains, &c.
SHOES Of all sizes made of the best materials, may be had on the most reasonable terms. Where also may be had a general assortment of well chosen GROCERIES. May 13, 1807. tf
Five Dollars Reward. STRAYED or Stolen from the subscriber on the 21st inst. two Mules, to wit: one black stud Mule, shod all round, with long a switch tail, no other mark recollected. Also one mare Mule, of a bay color, with the end of her tail cut off, only shod before, I believe rather poor. Whosoever will deliver the said mules to the subscriber in the city of Richmond, or give such information so that I get them again shall receive the above reward. JOHN TINSLEY. Richmond, June 24th, 1807. tf
TO BE RENTED, And possession given in ten days; FOUR large, elegant and commodious STORES, in the most central and busy part of this City. To them are attached elegant, airy and extensive accommodations for the families of the tenants. JOHN MAYO. June 20, 1807. tf
FOR SALE, MY LANDS in Cumberland county, lying on Appomattox river, joining the lands of Messrs. William & George Skipwith; this land is equal if not superior to any land in Cumberland county, of James river, it contains 607 acres, one half of which is covered with fine timber of every description. There is on this land a decent dwelling house, and between four and five hundred bearing apple trees of choice fruit. One third of the money will be expected when a title is made, the other two thirds may be divided into two annual payments. Mr. Jeremiah Baker or Mr. William Skipwith will show the land to any person wishing to become a purchaser. FRANCIS EPES. Chesterfield, June 3, 1807. tf
FOR SALE, Opposite Colonel Mayo's new Buildings, 4th, 3rd and 2nd proof Antigua Rum in hds. of the crop 1805—Imported early 1806 New England Rum in hds. and barrels 1 pipe very Superior Holland's Gin Rye Whiskey in barrels Loaf and Brown Sugar in Ditto Coffee by the barrel or bag Beef and Pork in barrels Irish Potatoes in ditto, suitable for table or planting Potomac Shad and Herrings, Stone Lime in large and small casks. And a general assortment of GROCERIES, &c. &c.—which will be sold low for Cash, good paper, or exchanged for country produce, by JOB GREENE. Richmond, 27th May, 1807.
NOTICE. THE books, papers, and accounts of the late mercantile firm of McCredie and McMillan, of the city of Richmond, being now in the possession of George McCredie, one of the partners of John McCredie, deceased, who was the surviving partner of McCredie and McMillan. Therefore all those who are indebted either by specialty or otherwise, are requested to make immediate payment to George McCredie, or make such other arrangement as may be most conducive to the interest of the said concern, as well as to the debtors thereof. It is expected that due attention will be paid to this notice, as it is desirable that a close should be immediately made of the transactions of the above mentioned firm. NANCY MCCREDIE, Adm'x. JAMES PENN, GEORGE MCCREDIE, } Adm'rs. Manchester, 20th June, 1807. tf
MATTRESSES. CAN be had on very short notice, MATTRESSES of all sizes & kinds, agreeably to order, in the large corner white house, opposite the Old City Tavern, two squares below the Market Bridge—BEDS made to MATTRESSES repaired.—Horses TAILS & MANES purchased. Inc. S. Pleasants Lesueur & Saunders Are now receiving and will constantly keep a large supply of Bar-Iron & Castings, Of superior quality. Feb. 2d, 1807. tf
FOR SALE. My tract of Land, In Powhatan county, containing between nine hundred and a thousand acres, and lying within two miles of the courthouse, and on both sides of Fine creek. This tract of land would be sold entire, otherwise laid off in lots to suit purchasers. Any persons inclined to purchase, it is expected will first view the premises—any further description is deemed unnecessary. For terms apply to the subscriber, living on the premises. SAM. BASKERVILLE. Powhatan, Jan. 4th, 1807. tf
Fifty Dollars Reward. RUN AWAY from Reuben Clopton, when living in King William county, in the year 1791, on the first of January, A Negro Man, By the name of NEPTUNE, who formerly belonged to the estate of John Hales, dec. living then in the lower end of Henrico—he is a tall, wiry fellow, stoops in his shoulders, or you may say round shouldered, high forehead, his hair peaked up each side of his forehead, flat nose, large white teeth, draws his words when he talks, or rather talks through his nose, and has a scar some where in his face, about forty-five years of age—it is supposed he is now passing as a free man in the city of Richmond, as he thinks himself secure. There never has any efforts been made to apprehend him—he has a wife at John Hales, dec. living in the lower end of that county, and a mother—perhaps he may be harbored there. Any person, that will deliver him to William Clopton, in Cumberland, or secure him in any jail, so that I get him again, shall receive the above reward. ELIZABETH CLOPTON. Cumberland county, Aug. 14, 1807. tf
TOMPKINS & MURRAY, ARE now receiving from on board the ship Herculies at City Point, a large and general assortment of Liverpool GOODS, Selected and assorted to accommodate country merchants. They are also in daily expectation of receiving by the ship Calpe, an assortment of London GOODS. The whole will make a very full and complete assortment of USEFUL GOODS, which they are determined to sell by wholesale on very liberal terms. They will open in a few days in the house at present occupied by Bohn and Hubner, nearly opposite the Post Office. Richmond, 31st August, 1807. tf
Blank Bonds for Sale at this Office.
William Lownes, Returns his sincere thanks to his friends and the public generally, for the liberal encouragement received since his commencement of business in Richmond; and hopes his assiduity to business, and punctuality, will entitle him to a continuance of their favors—He has removed to a house nearly opposite the Bell Tavern, where he intends carrying on the Book Binding business in all its variety, and in the most modern, improved and fashionable style, with punctuality, neatness and dispatch. Printed Books bound in the most elegant and substantial manner, in morocco and calf, full gilt and lettered—also, in sheep gilt and plain. Blank Books of every description, ruled to any pattern, and bound with the latest improved spring and patent backs, and Russia bands and parchment corners, which add much to the strength of the books, and ease and convenience of the writer. Orders from the country will be thankfully received and punctually attended to as above.—Old books re-bound. Richmond, Aug. 31, 1807.
THE ten Legatees intended to LAND, under the Rev. Mr. Hunt's will, are desired to meet the 1st October, at the Green Springs, to empower some person to apply to the Courts of Ohio and Kentucky, to have the Lands divided between them. Robert Morris. Louisa, August 25, 1807. 3w
NOTICE. ALL persons having claims against the estate of John Sandridge, deceased, are requested to bring them forward to the subscriber duly authenticated, on or before the first day of November next, at which time a dividend of the assets in my hands will take place—Those failing to comply with this advertisement will be excluded from the benefit of said dividend. Thomas White. September 23, 1807.
The subscriber offers for sale, a TRACT OF LAND, In the county of Goochland, twenty eight miles from Richmond, and five from the courthouse, containing 505 1-2 acres. It is delightfully watered, and in it are many acres of grass land, and is a fine mill seat. The growing crop will show its fertility. It will be shown and the terms made known by the subscriber when called on, who resides on the premises. Intend to offer to the highest bidder, my stock of different kinds and the plantation TOOLS, on the 22d day of November next, at which time a dividend of the assets in my hands will take place—Those failing to comply with this advertisement will be excluded from the benefit of said dividend. John Markham.
TO BE RENTED, A HOUSE in Manchester, now in the possession of Edward Johnston. For terms, enquire of him on the premises. 23d July, 1807.
Advertisement. WHEREAS Chapman White of Albemarle county, did commence suit against me namely William Wims of said county, for certain damages by him complained for in our said district court, and by the rules of said court, did obtain a judgment for the sum of three hundred dollars, which said judgment and costs thereon accruing—I do hereby forewarn all persons whatsoever from trading for the same, or taking any assignment for the said judgment or costs, as I am determined not to pay the said judgment either to said White, or his indorser. William Wims. Albemarle, 2d Sept. 1807. 3w
Advertisement. BY virtue of a deed of trust executed to me by Thomas C. Fletcher of Albemarle county, to secure the payment of a debt due John Goddard, I shall offer for sale for cash, on the fifteenth day of September next, before the door of Triplett T. Estes', One Negro Girl, Named Judith, to discharge the said debt, also the expenses to carry the trust into execution; the subscriber being only trustee, will convey the title vested in him as such. John Key, jr. Trustee. Albemarle, 26th August, 1807. 2w
Pursuant to a deed of trust from Moses Davis and Mary, his wife, to the subscriber, dated on the 4th day of March last, to secure the payment of $445 dollars, due, or owing from said Moses Davis to Prosser and Moncure, assignees of Pleasant Younghusband; on Wednesday, the 23d day of this month, on the premises, will be offered for sale to the highest bidder, for ready money, all that Lot and parcel of Land, Lying and being in the county of Henrico, contiguous to the city of Richmond, being the same LOT and parcel of LAND, conveyed by Richard Adams and Elizabeth, his wife, to said Moses Davis by deed, dated 2d day of March, in the present year, beginning and running on the road or street, leading from the Market house, in the city aforesaid, to Du Val's Village, north 41 2 deg's, west 4 chains and 32 links, to a street; forty feet wide, dividing said lot and parcel of land, and the lot formerly William Cannon's, now John Doyle's, and binding on said street, north 89 deg's, east, 4 chains and 94 links to the corner of the said street; thence on the back street, south 41 2 deg's, west 4 chains 32 links to a corner street 40 feet wide next towards said city, and binding on said street, south 89 deg's, west 4 chains, 36 links to the said road about the beginning, with the buildings and improvements thereon, consisting of A Large Framed House, Making three TENEMENTS—Or so much of said premises as will raise the one third part of the aforesaid debt or sum of money, say 1148 dollars, 33 1-3 cents, with interest thereon, from the 4th of this present month, and the charges and expenses attending the sale. The sale will commence at or after 10 o'clock in the morning. Geo. Wm. Smith. City of Richmond, Sept. 11, 1807.
SHAPARD & LUCKE, HAVE removed to the house lately occupied by Mr. John St. John, opposite Col. Mayo's new buildings, where they continue to keep their usual assortment. September 11.
Blank Books, Of various kinds for sale at this Office.
Liverpool Refin'd Sugar. A FEW HOGSHEADS OF Liverpool Refin'd Sugar, FOR SALE BY Tompkins & Murray. September 12, 1807. tf
IN pursuance of a decree of the county court of King William, will be SOLD, to the highest bidder, on 12 months credit, on Monday the 12th day of October next, at the late dwelling house of Mrs. Sally Banks, dec. in the county of King William.
Twelve Likely Negroes, Among whom is a good BLACKSMITH and WHEELWRIGHT and several likely negroes, boys and girls, the purchaser giving bond with approved security, payable to the administrator "de bonis non" of Tunstall Banks, dec. The Commissioners. King William county, Sept. 7th, 1807. 4w
United States Court, fifth Circuit, and Virginia District, May term, 1807. John and Jane Backhouse, administrators and administratrix, de bonis non of John Backhouse, deceased, unadministered by Rebecca Backhouse, deceased, and Jones, executrix, &c. of Gabriel Jones, deceased, Pfs. Against. Robert Patton, administrator, de bonis non cum testamento annexo of James Hunter, deceased, unadministered by Patrick Home, deceased, Joseph Ennery, adm. nistrator of Adam Hunter, decd, James Hunter son of John Hunter, deceased, who was heir of Adam Hunter, deceased, and Robert Dunbar, Defs. THE defendant James Hunter, not having entered his appearance, and given security according to a rule of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this district; on the motion of the plaintiffs by their counsel; It is ordered, That the said defendants do appear here on the first day of the next term, and answer the plaintiff's bill, and that a copy of this order be forthwith inserted in some one of the newspapers, published in the city of Richmond, for two months successively, and posted at the front door of the capitol in the said city. A Copy, Teste, Wm. Marshall, Clk.
United States Court, fifth Circuit, and Virginia District, May term, 1807. John Dixon, Pfs. Against. Edward Rumsey and Peter Hoffman } In Chancery. Defs. THE defendants, not having entered their appearance, and given security according to a rule of this court, and it appearing to the satisfaction of the court, that they are not inhabitants of this district; on the motion of the plaintiff by his counsel; It is ordered, That the said defendants do appear here on the first day of the next term, and answer the plaintiff's bill, and that a copy of this order be forthwith inserted in some one of the newspapers, published in the city of Richmond, for two months successively, and posted at the front door of the capitol in the said city. A Copy, Teste, Wm. Marshall, Clk.
AT a quarterly Court continued and held for Prince Edward county, August the 19th, 1807. William Whitworth, Compts. Against. John Spaulding and his wife, John Burton, John Ward and his wife, Robert Burton, Thomas Wilson and his wife, and Anderson Burton by John Redd his guardian, and Osborne Lockett, executor of James Scott, dec. Defs. THE defendant Robert Burton, not having entered his appearance and given security according to an act of the General Assembly and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this state, on the motion of the complainant by his counsel; It is ordered, That the said defendant Robert Burton, do appear here on the first day of November court next, and answer the complainant's bill, and that a copy of this order be forthwith inserted in some one of the public newspapers printed in the city of Richmond for two months successively, and also posted at the front door of the courthouse of this county. A Copy, Teste, Benjamin Watkins, D. C.
In King William County Court, July 27th, 1807. Christopher Tompkins, Complainant, } In Chancery. Thos Reeves & John Temple, defts. 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 it appearing to the satisfaction of the Court, that he is not an inhabitant of this country; on the motion of the Complainant by his counsel, it is ordered, that the said defendant 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 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 secure any debts by him owing to the other defendant, Thomas Reeves, until the further order or decree of this court. A Copy Teste, Robert Pollard, C. C.
At a Court of Quarterly Session, continued and held for Albemarle county, the 5th day of August, 1807. John M'Coy, plf. Against. Henry Emmerson, Josiah Hume, } In Chancery. Phrey & Jacob Gitt, defts. THE defendant Jacob Gitt, 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 plaintiff by his counsel, It is ordered, that the said defendant appear here on the first day of the next term and answer the bill of the plaintiff. and that a copy of this order be forthwith inserted in the Virginia Argus, printed in the city of Richmond, for two months successively, and posted at the front door of the courthouse of the said county. A copy—Teste, Alex'r. Garrett, d. c. a. c.
Blank Books, Of various kinds for sale at this Office.
United States Court, fifth Circuit, and Virginia District, May term, 1807. Robert Berkeley and Julia his wife, late Julia Carter, daughter and devisee of Robert Carter, deceased, Pfs. Against. George Carter, acting executor and devisee of the same Robert Carter, Priscilla Mitchell and Robert Mitchell her husband, Betsy Landon Ball and Spencer Ball her husband, Harriet Lucy Maund, Sarah Fairfax Chinn, John Tasker Carter, Sophia Carter, Harriet Peck, John Peck, Emanuel Peck, Tasker Carter Quinton, an infant, Hugh Quinton, guardian of Tasker Carter Quinton, Francis Jones, Thomas Jones, Sarah Jones, Elizabeth Jones and Jane Jones, infants by Walter Jones their guardian, Defs. THE defendant Sophia Carter, not having entered her appearance, and given security according to a rule of this court, and it appearing to the satisfaction of the court, that she is not an inhabitant of this district; on the motion of the plaintiffs by their counsel; It is ordered, That the said defendant do appear here on the first day of the next term, and answer the plaintiff's bill, and that a copy of this order be forthwith inserted in some one of the newspapers, published in the city of Richmond for two months successively, and posted at the front door of the capitol in the said city. A Copy, Teste, Wm. Marshall, Clk.
United States Court, fifth Circuit, and Virginia District, May term, 1807. Luke Tiernan, Pfs. Against. Mary Brent, widow of George Brent, Daniel Brent, Robert Brent, John Cook, Bailey Washington, William Brent and Robert Brent, Mary Brent and George F. Brent, infant children of George and Mary Brent, Defs. THE defendants Daniel Brent and William Brent, not having entered their appearance, and given security according to a rule of this court, and it appearing to the satisfaction of the court, that they are not inhabitants of this district; on the motion of the plaintiff by his counsel; It is ordered, That the said defendants do appear here on the first day of the next term, and answer the plaintiff's bill, and that a copy of this order be forthwith inserted in some one of the newspapers, published in the city of Richmond for two months successively, and posted at the front door of the capitol in the said city. A Copy, Teste, Wm. Marshall, Clk.
JOHN ALCOCK INFORMS he has just received in addition to his former stock, a general assortment of Hardware, and Cutlery, amongst which are the following articles—Cross Cut and Mill Saws, London Spring, Casted and German Hand and Pannel Saws, Dovetail Saws, Compass and Tenon Saws, Bow Saws with and without frames, Brass and Iron Chamber-door Locks, Brass and Iron Deck Bookcase-door Locks, Brass and Spring Latches, Drawer and Chest Locks, Thumb Hatches, Japan'd and Polished Iron Hinges, Casted and Common Plane Irons, Brass Mounted Squares and Levels, Brass Mounting for Cabinet Furniture, Curtain Rods and Rings, Brass Escutcheon Pins, Brass Nails, Brass Dividers, Candle Stand Keetches, Bell Canks, Brass and Iron Candlesticks, Bellmetal Kettles and Spice Mortars, Brass Cocks and Horse Pleams, Brass Inkstands with Instruments, Hooks and Eyes, Gun Screws, Semicircles and Spectacle Cases, Spring Lances, Knives and Forks, Ivory Handle Tables and Desers. Casters, Table Bells, Table and Tea Spoons, Screw Drivers, Bed Screws, Carpenter's Hammers and Pinchers, Shoe Pinchers and Knives, Shragging Hatches, Brick and Plastering Trowels, Drawing Knives, Cooper's Axes, large assortment of Files and Rasps, Gimble's assorted Hones and Oil Stones, Razors and Razor Cases, Watch Seals, Keys and Chains, Steel Rattling Pins, Screwplates different sizes, Brace and Bits, Combs, Ivory, horn, and Iron, with and without Cases, Hames upled, Do. Plated Hooks and Eyes, Do. Plated all over, Plated Bridle Bits assorted, Plated Moulding, Silver Mounted Whips, Plated Curbs, a few elegant Fowling Pieces, Powder Horns, Powder Pasks, Japan'd Copper and Horn Shot Belts, Cut and Wrought Nails, Wrought Brads of all sizes, 2 dy. 3 dy. and 4 dy. Nails, Saddler's Tacks of all sizes. Also a large quantity of well assorted Bar Iron, & Steel of different qualities, Wire Meal, Wheat, and Lime Sieves. Any of the above articles will be sold at the most reduced prices. N. B. I still continue my Cabinet Manufacturer in the same House adjoining the Fire Insurance Office, where I have on hand a large quantity of elegant and well made Furniture. Any person wishing to purchase, I will thank them to call, and I flatter myself they will have no reason to find fault of the prices nor quality, for I warrant my work to be of good materials and well executed, and I hope from my knowledge and assiduity to business, to gain a public patronage. Also keeps on hand best quality Windsor Chairs. All of the above goods will be sold low. Richmond, August 16th 1807. 6t
TO BE SOLD, On the premises, on Monday, the 16th day of November next, a Valuable Tract of Land, In Cumberland county, containing about seven hundred acres, whereon Nathaniel Carrington formerly lived, supposed to be equal in quality to any high lands in the county—subject to the life estate of Phoebe Carrington, widow of Nathaniel Carrington, dec. Also, Eight Negroes, To wit: Billy, Peter, Amy, Creacey, M'ly, Sucky, little Amy, and Lucy, or so much the sum of eight hundred and twenty pounds, with legal interest thereon, from the 1st day of August, 1806, till paid, with all contingent charges attending the sale, and securing the payment of the aforesaid debt and interest, agreeable to a deed of trust from James Pittman and Heningham, his wife, made to us, for recouping the payment of the above sum to Joseph Backett. JESSE MICHAUX, } Trustees. SAM. HOBSON, } Cumberland county Sept. 5th, 1807. w7t*
NOTICE To D. & W. GUERRANT'S Creditors, THAT a dividend of monies in hand will be made on Tuesday the 15th of next month. The creditors are requested to attend at this place to receive their respective dividends either personally or by agents authorized to grant receipts. By order of the trustees. William Guerrant. New Canton, Sept. 10, 1807. w4t*