The enquirer (Richmond, Va.), 1804-12-20 00:00:00

THE ENQUIRER.
RICHMOND, (Virginia) PUBLISHED BY RITCHIE & WORSLEY, OPPOSITE THE POST-OFFICE...AT FIVE DOLLARS PER ANNUM...payable in advance.
NUMBER 68.]
THURSDAY MORNING, DECEMBER 20, 1804.
[VOLUME I.]
CONDITIONS.
 I. The ENQUIRER will appear twice a week...During the session of Congress and the Virginia Legislature, either a third paper or a supplementary half-sheet, during the week.  II. Terms of payment FIVE DOLLARS per annum, in advance.  III. ADVERTISEMENTS, from those who do not subscribe to the paper, should not exceed a square in length, shall be inserted for seventy-five cents the first time, fifty cents for each time during three weeks, and for every additional insertion thirty-three cents; long ones in the same proportion.  IV. SUBSCRIBERS shall have their advertisements inserted for fifty cents the first time, and thirty-three cents for every additional insertion. 
Auction Sales.
THOMAS TAYLOR & Co.
WILL in future sell at the place occupied by M c W. Hancock & Co. on Wednesdays in each week, and at their office, on Tuesdays and Fridays as usual. Dec. 1, 1804. epf
Sales at Auction.
WILL be sold at public auction, for ready money, on Wednesday the 19th day of December next, the HOUSE & LOT near the mouth of Shockoe Creek, at present occupied by B. J. Harris, and commonly called the Shore Factory—the title papers may be seen at any time by applying to
THOMAS TAYLOR & Co. V. M.
Nov. 24. ep rds.
Sales at Auction.
WILL be sold, on Saturday 22nd inst. at the Eagle Tavern, that handsome HOUSE and LOT on Shockoe, at present occupied by Mr. Benjamin Motby.—The terms of sale will be 1/3 payable 1st January next—1/3 1st March, and 1/3 1st July—ALSO,
TWO new Brick HOUSES on the street near the Canal, and adjoining the property of Mr. McKim. Terms of Sale—90 days—Notes negotiable at the Bank of Virginia.
Will also be sold at the same time and place: 16872 acres of MILITARY LAND.
T. TAYLOR & Co. V. M.
Dec. 11. (epids)
STORE OF
Ironmongery, Hardware, &c.
By FRANCIS FOLLET (from New-York) between Main-street, Richmond, where he offers for sale an assortment of
 GOLD, Gilt, Silver, Plated, Japan'd and Cutlery ware; Gold and Silver Watches, Watch materials; Ladies' & Gentlemen's Morocco Pocket Books, Glazed Tins, Elastic Garters and Girdles; Coral, Wax and Glass Bells, Ivory, Bone and Wood Chess Men, Backgammon Tables, Battle Dice and Shuttle Coaks; Flutes, Pipes, Guns, Gun Locks, Pistols, Swords, Sword Belts, Sward Knives, Epauliers, Military Feathered, Sportman's Bags and Knives, and common and agate Flasks; Whips, Canes, Umbrellas, Boat Hooks, Saws, Razors, Hoes and Straps; Shaving Brushes and Brushes; Cutting Tongs; Powder-Bags and Puffs; Violet and Shaving Soaps; Pomatum; Tooth Powder and Efflores; Gentlemen's Morocco dressing Cases and travelling Duffs; Rose's Colours, for drawing and painting, of different sizes; hair, lead and slate Pencils; Slates; Ink Potters, Water, Quills, Paper, Soldiers, Counting House Seals; Ink Stands; Ivory, Horn and tortoise shell Combs; Ladies' ornamented tortoise shell Dress Combs; Sleeve Buttons; Teas' Harps; File Hooks; Pins and Needles; stiff and common Scolding Needles; Tambour Needles and Cases; Tambours; Spectacles and Cases; Jewellers' Compasses and Chains, and mathematical Instruments; in sets; Pocket Compass Dials; Glass Globe Lamps for halls; elegant brass And-Irons, and Shields, Tongs and Pokers; Coal Scoups; Millstones; Smoothing Irons; Grid Irons; Gopher and Iron Chipping Dishes; Soft and hard Wash-Irons; Puff and Box Coffee Mills; Iron and brass Candlesticks; Key Rings; Cork Screws; Clean Lins; Iron, brass, Scolding, self-scolding, clothes, bath and face Brushes; Britannia metal table and tea Spoons; Dripping metal Tea Pots; Frying Pans; Pots and Kettles; Fire Grates; Mill Saws; Hand and Panel Saws; Turkey Oil Stones; Gimblets; Jewellers' Tools; Drill Travels; Saws and Spades; Licks; Hinges; Screws; Nails; Trunks—with a great variety of similar Articles, too tedious to enumerate. 
ALSO, FOR SALE.
Kid, Morocco and Leather Slippers; Men's fine and coarse Shoes and Boats; Hair and Leather Trunks; Fancy and Windsor Chairs; Earthen Ware, in crates, assorted; Spanish Fodder Indigo; Patent Blue; Powder and Shot.
December 4. [pfs]
JUST RECEIVED,
A FRESH ASSORTMENT OF HATS AND SHOES.
 Gentlemen's New-York Ladies' spangled, lace and London manufactures, trimmed & plain, white-tured bkt. & drab Beavers, coloured Kid Slippers, Calfskin, and Roan and ties.  Do. Morocco do.  Do. leather do.  Do. Slippers.  Children's Morocco Shoes, Gentlemen's superfine Shoes and Pumps.  Do. Suwarrow Boots. 
FOR SALE, two doors above the Eagle Tavern, by JUDSON & BURR.
On consignment, One trunk Calicoes, Gillas, and silk & cotton Shawls. Two tons best country refined iron. December 4. et 3t.
JAMES SEABROOK,
TAYLOR,
RESPECTFULLY informs his friends and the public in general, that he has removed from near the Market to Harris's corner, opposite the Custom House; where all commands in his line, will be punctiliously attended to; and as he has established a regular correspondence in Philadelphia, gentlemen may rely on having their clothes made in the newest fashion and neatest manner.
N. B. Ladies Riding Dresses and Pelisses made in the newest fashion.
October 17.—(en. 1f)
WAX-WORK.
THE proprietor respectfully informs the public, that he has added an additional Figure to his Museum, as a proof that the Figures in his collection are superior to any ever exhibited. This Museum will leave this in a few days.
Admittance half a dollar—25 cents for those who have visited the Museum. Dec. 15.
Fall and Fashionable Goods.
ROBERT JOHNSTON is now opening a general and well selected assortment of FALL and FASHIONABLE GOODS, which he will sell on moderate terms for Cash, Produce, or at a short credit, by Wholesale or Retail;
 AMONG WHICH ARE:  Superfine & coarse cloths  Calimanco & coatings  Manchester and patent cords  Swaindowns & flannels  Rose, point & duffel blankets  Boys Morocco caps  Ladies shoes & slippers  Steel backboards and col-lars  Oil cloths & oil skins  Blankets and brown Hollands  Russia and Irish sheetings  German Osnaburgs and Picklenburgs  Chintzes, Calicoes and Cambricks  India Lutehrings and Socks  Gun Powder and Patent Shot  Looking Glass & Thermometers  Whips, Spurs, &c. &c. &c.   
Nov. 7. Thf
J. P. HOPKINS,
RESPECTFULLY informs his friends and customers that he has engaged a sufficient number of good workmen, and will be thankful for a continuance of their favours. Dec. 1. TSSw
Congress.
SENATE OF THE UNITED STATES.
November 30.
MOTION.
That a committee be appointed to examine the act, entitled, "An act to enable the people of the Eastern division of the territory North-West of the river Ohio, to form a constitution and state government, and for the admission of such state into the union, on an equal footing with the original states, and for other purposes," and that they have leave to report, by bill or otherwise, in the manner in their opinion, the money appropriated by the said act ought to be applied.
7th December, 1804.
The committee appointed "to prepare and report proper rules of proceeding, to be observed by the Senate in cases of impeachment," submit the following
REPORT:
Whensoever the Senate shall receive notice from the House of Representatives, that managers are appointed on their part, to conduct an impeachment against any person, and have directed the said managers to carry such articles to the Senate, the secretary of the Senate shall immediately inform the House of Representatives, that the Senate is ready to receive the managers, for the purpose of exhibiting such articles of impeachment, agreeably to the said notice.
When the managers of an impeachment shall be introduced to the bar of the Senate, and shall have signified that they are ready to exhibit articles of impeachment against any person, the President of the Senate shall direct the sergeant at arms to make proclamation; who shall, after making proclamation, repeat the following words: "All persons are commanded to keep silence on pain of imprisonment, while the grand inquest of the nation, is exhibiting to the Senate of the United States, articles of impeachment against"
after which the articles shall be exhibited, and then the President of the Senate shall inform the managers, that the Senate will take proper order on the subject of the impeachment, or which due notice shall be given to the House of Representatives.
A summons shall issue, directed to the person impeached, in the form following:
The United States of America, To
Greeting:
Whereas, the House of Representatives of the United States of America, did, on the day of exhibit to the Senate, articles of impeachment against you, the said
in the words following, viz:
(here recite the articles)
and did demand that you, the said
should be put to answer the accusations as set forth in said articles; and that such proceedings, examinations, trials, and judgments, might be thereupon had, as are agreeable to law and justice. You, the said
are therefore hereby summoned, to be and appear before the Senate of the United States of America, at their chamber in the city of Washington, on the day of then and there to answer to the said articles of impeachment, and then and there to abide by, obey and perform such orders and judgments as the Senate of the United States shall make in the premises, according to the constitution and laws of the United States.
Hereof you are not to fail.
Witness my hand, the Vice-President of the United States of America, and President of the Senate thereof, at the city of Washington, this day of
in the year of our Lord one thousand eight hundred and four, and of the independence of the United States, the
Which summons shall be signed by the secretary of the Senate, and sealed with their seal, and served by the sergeant at arms to the Senate, or by such other person as the Senate shall specially appoint for that purpose; who shall serve the same, pursuant to the directions given in the form next following:
A precept shall be endorsed on said writ of summons, in the form following, viz:
United States of America, To
Greeting:
You are hereby commanded to deliver to, & leave with
if to be found, a true and attested copy of the within writ of summons, together with a like copy of this precept, showing him both; or in case he cannot with
convenience be found, you are to leave true and attested copies of the said summons and precept, at his usual place of residence, and in whichever way you perform the service, let it be done at least days before the appearance day mentioned in the said writ of summons. Fail not and make a return of this writ of summons, & precept, with your proceedings thereon endorsed, on or before the appearance day mentioned in said writ of summons.
Witness my hand, the Vice-President of the United States of America, and President of the Senate thereof, at the city of Washington, this day of in the year of our Lord one thousand eight hundred and four, and of the independence of the United States, the
Which precept shall be signed by the secretary of the Senate, and sealed with their seal.
Subpoenas shall be issued by the secretary of the Senate, upon the application of the managers of the impeachment, or by the party impeached, or his counsel, in the following form, to wit:
To
Greeting:
You and each of you are hereby commanded to appear before the Senate of the U. States, on the day of at the Senate Chamber in the City of Washington; then and there to testify your knowledge in the cause which is before the Senate, in which the House of Representatives have impeached
Fail not.
Witness my hand, the Vice-President of the United States of America, and President of the Senate thereof, at the City of Washington, this day of in the year of our Lord one thousand eight hundred and four, and of the independence of the United States, the
which shall be signed by the secretary of the Senate, and sealed with their seal.
Which subpoenas shall be directed, in every case, to the marshal of the district, where such witnesses respectively reside, to serve and return.
The form of direction to the marshal, for the service of the subpoena, shall be as follows.
The Senate of the United States of America, To
Greeting:
The marshal of the district of
You are hereby commanded to serve and return the within subpoena, according to law.
Dated at Washington, this day of in the year of our Lord, and of the independence of the United States, the
Secretary of the Senate.
The President of the Senate shall make all necessary preparations in the Senate Chamber, and all the forms of proceeding, while the Senate are sitting for the purpose of trying an impeachment, and all forms during the trial, not otherwise specially provided for by the Senate.
He shall also be authorised to direct the employment of the marshal, or any officer or officers of the district of Columbia, during the trial, to discharge such duties as may be prescribed by him.
That at 12 o'clock of the day appointed for the trial of an impeachment, the legislative and executive branches of the Senate, shall be postponed. The secretary shall then administer the following oath or affirmation to the President.
"You do solemnly swear or affirm, that in all things appertaining to the trial of the impeachment of you will do impartial justice, according to the constitution and laws of the United States." And the President shall administer the said oath or affirmation to each senator present.
After which the process which shall have been issued and served on the person impeached, and the return thereon, shall be read. And the secretary of the Senate shall administer an oath to the returning officer, in form following, viz: "I do solemnly swear or affirm, that the return made and subscribed by me, upon the process issued on the day of by the Senate of the United States against is true and correct, and that I have performed said services, as then described. So help me God!" Which oath shall be entered at large, on the records.
The secretary shall then give notice to the House of Representatives, that the Senate is ready to proceed upon the impeachment of in the Senate Chamber, which Chamber is prepared with accommodations for the reception of the House of Representatives.
Counsel for the parties shall be admitted to appear and be heard upon an impeachment. And upon the attendance of the managers, the person impeached shall be called to appear and answer the articles of impeachment exhibited against him. If he appear, or any person for him, the appearance shall be recorded, stating particularly, if by himself, or if by agent or attorney; naming the person appearing, and the capacity in which he appears. If he does not appear either personally, or by agent, or attorney, the same shall be recorded. All motions made by the parties, or their counsel, shall be addressed to the President of the Senate, and if he shall require it, shall be committed to writing, and read at the secretary's table; and all decisions shall be had in open court, by Ayes & Noes, and without debate, which shall be entered on the records.
Witnesses shall be sworn in the following form, viz: "I do swear, (or affirm, as the case may be) that the evidence I shall give to this court, in the case now depending, shall be the truth, the whole truth, and nothing but the truth. So help me God."
Witnesses shall be examined by the party producing them, and then cross examined in the usual form.
If a senator is called as a witness, he shall be sworn, and give his testimony standing in his place.
If a senator wishes a question to be put to a witness, it shall be reduced to writing, and put by the president.
HOUSE OF REPRESENTATIVES.
Wednesday, December 12.
Mr. Taylor called for the order of the day on the bill relative to the clearance of armed merchant vessels, if gentlemen were prepared to consider the same. He thought a law on this subject should be enacted as speedily as possible; for a number of merchants in our ports had embarked extensively in an illicit commerce, which he conceived dangerous to our peace and national honour.
Mr. J. Gay requested the bill might be suffered to lie until the memorial from the Chamber of Commerce of Philadelphia was printed, which had been ordered a few days since.
Mr. Jackson did not know of this memorial or of an order for printing; if the business could be under- stood on its being read to the House by the Clerk, he should incline to consider the bill; he wished, however, the House to decide on the postponement.
Dr. Kirtland wished the bill to lie on the table.
A question was taken for postponing till tomorrow, and carried 72 voting in favor of the motion.
Mr. Thomas called for the order of the day, on the report of the petition from the New-York and Dutchess counties estate companies, recommending a resolution that it is expedient at this time to encroach the duties on date.
The House went into a committee of the whole on the report.
Mr. J. G. Smith in the chair.
Mr. Thomas moved the committee of the whole to concur in the report of the select committee, which was agreed to without a division.
The committee then rose and reported its concurrence, and the resolution was thereupon adopted by the House.
Mr. Stanfield would have called up the resolutions for the re-cession of the territory of Columbia to the states of Virginia and Maryland, but on account of the absence (as he understood occasioned by indisposition) of two or three gentlemen who felt interested in the decision; but he gave this notice that he should call it up when he saw them in their places, which he hoped would be to-morrow.
Mr. Jackson called up the order of the day, on the bill making application of the monies heretofore appropriated by law, for making a post road from the navigable waters of the Atlantic to the Ohio river.
Mr. Eppes informed that the Senate had a bill on the same subject at this moment before them, and that too in the same form.
Mr. Jackson withdrew his call—and then the House adjourned.
Thursday, December 13.
The engrossed bill, authorising the erection of a dam or causeway from Maffa's Island to the west bank of Potomack was read and on its final passage, the yeas and nays were called and were,
Ayes 66—Noes 59. The bill thereupon passed the House.
The Speaker laid before the House a letter, addressed to the worthy gentleman in Congress, from John Gregory, a black man, a native of Nansemond, in Virginia, praying to be liberated from the British service, on board the Alemena, where he was detained. Referred to the secretary of State.
A letter from the secretary of the treasury was also laid by the Speaker before the House, accompanied by a report made in pursuance of an act of Congress, passed the 27th May, 1798. It was ordered to be printed.
Mr. Dana reported on the following cases, from the committee of Claims.
On the petition of Timothy Phelps, late sheriff in Vermont, who had been prosecuted there in maintaining the claim of New York against the fame.—The committee observe, that whatever claim he has upon the justice or magnanimity of these states, he has none upon the treasury of the United States, and they proposed as a resolution, that the prayer of the petition cannot be granted. The House took the same into consideration, and concurred in the report of the Committee of Claims.
On the petition of John Pantry for fundries supplied certain recruits in 1799—remarking that they saw nothing in this claim to preclude its going before the accounting officers, and therefore proposed to resolve, that the petitioner have leave to withdraw his petition.—This resolution was also concurred in by the House.
On the petition of John Steele, late secretary of the Mississippi territory of the United States. The committee observed that his claim to compensation for expenses and for the duties he performed as secretary subsequent to the expiration of his office, was just and fair. But his claim to compensation for executing certain duties of the governor, was not admissible, inasmuch as he knew before his acceptance of the office of secretary that the law devolved such duties of the governors upon him. They recommended a resolution in conformity to this statement, and the report was referred to the committee of the whole for to-morrow.
Mr. Eppes presented a petition from Gilbert Tench praying his loss by depreciation on certain specific contracts entered into with the deputy quarter master general for the transportation of certain clothing and military stores, during our revolutionary war, may be made up to him. Referred to the committee of claims.
Mr. Walton presented a petition from George Ash of Tennessee, stating that he had been a long time prisoner with the Shawnee Indians, who have for fundry services rendered them, given him a tract of land on the Ohio, opposite the mouth of Kentucky river, where he and his wife now reside, and praying Congress to quiet them in their claim to the same. Referred to the Committee of Claims.
A petition from James Middleton and others, securities for a collector of the United States internal taxes, praying a suit instituted against them in the year 1800, for the recovery of 800 dollars lost by their principal, may be laid for three years. Referred to the Committee of Claims.
Gen. Stanton presented a petition from V'm. Ogden, an old soldier, praying a pension in consideration of his incapacity to obtain a disability in consequence of the wounds he received in fighting the battles of our revolutionary war. Referred to the Committee of Claims.
The order of the day was called for by Mr. Eppes on the bill to regulate the clearance of armed merchant vessels.
Gen. Farmon in the Chair.
Several amendments were made in the committee of the whole; the first important one is in italic and was to oblige the owner and master or commander to give bond in a sum equal to double the value of the vessel, her tackle, apparel, furniture and cargo. The second to subject the officers and seamen who should use their arms to deprecate, outrage, unlawfully assault or violently abuse subjects, vessels or territory of nations in peace with the United States, to the same punishments as would be incurred if the like offences had been committed on shore.
The committee rose and reported the bill with the amendments, which being taken up in the house, the Yeas and Nays were called by Mr. R. Griswold on agreeing to the first amendment before mentioned; and being supported by the constitutional number of one fifth of the
members present, they were taken accordingly and were Yeas 58—Nays 55—to the amendment was not agreed to.
A discussion took place on the amendment relative to the punishment of offences committed by armed merchant vessels as above stated, and some doubts arising as to the accuracy with which the section was penned, a motion was made at a late hour for an adjournment which was carried. Adjourned.
Tuesday, December 6.
DEBATE
On the bills protecting the ports and harbours of the United States, and preserving peace on the waters within their jurisdiction.
Mr. R. Griswold had doubts respecting the propriety of several parts of the 2d section, and he wished the gentleman who reported the bill would explain the intention of them. If he understood it, the section made a provision for the warrant of the state officer to arrest an offender who shall have fled on board an armed foreign vessel, and in order to give aid to the process of the state, provision is made to call in the United States authority, to call out the militia to secure the execution of a state warrant. The confirmation gives to Congress the power of calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions. Here is an express authority given to Congress to aid civil officers by the militia in executing the laws of the union; but it is silent as to calling in the aid of the militia to execute the laws of a particular state. If there is any part of the constitution from which gentlemen infer that Congress possesses this authority, he would be glad they would point it out, as he had never heard of it before.
Another part of which he doubted was this. He had already said that the state officer was to be aided in the execution of the state warrant beyond the jurisdiction of the state if the officer goes out of his jurisdiction he goes beyond his authority. Consequently he acts without any authority; now the last part of the section declares that if any person shall be killed in resisting the civil authority in a place not within the body of the county, but within the jurisdiction of the United States, it shall be justified. Why introduce this provision! Again it is declared that if any of those concerned in making the arrest be killed in the place not within the body of a county, but within the United States jurisdiction, those engaged in resisting the civil authority shall be punished, as in cases of felonious homicide. The sheriff not being invested with any power to make arrests out of his proper county, if he does so, and commits homicide, why justify him? Why should he not be subjected to the same punishment as others who commit the crimes of homicide? If the sheriff, or one of his party, following a person out of his county into some place within the jurisdiction of the United States or any other place out of the limits of his legal bounds, and is resisted in making his arrest, the arrest being illegal and without the property, the resistance may be legally justified. If their objections are unfounded, the gentleman will be good enough to show in what, and at the same time we shall be glad to hear what are the reasons for the propositions contained in this part of the bill.
Mr. Nicholson admitted there might be some difficulty in the provisions of the section, but he stated himself they might be got over. He considered this as the most important part of the bill, and he wished to preserve it in order to prevent or punish, in future, the offences which had last year been committed with impunity. From the information he had received, the greater part of the offences committed last summer were committed in the body of a county; these particular which universally excited the most just indignation of the citizens of the union, were committed either in the body of a county or within the jurisdiction of a state; some were committed within the jurisdiction of the United States; but the greater part were committed in the places before mentioned. Hence it becomes necessary that some provision should be made for taking offenders when the strength of a county or a state is insufficient to arrest them.
The objections of the gentleman from Connecticut are two fold; first that we have no constitutional authority to call out the militia to execute the state laws; next that a state officer has no authority to go beyond the jurisdiction of the state to execute his state process. On the first point Mr. N. had entertained strong doubts himself, when contemplating the subject; but on looking into the constitution again, there did not appear to be so much room for doubting as he had first apprehended. The constitution provides that Congress shall have power to call forth the militia to execute the laws of the union, &c. The laws of the union may be exclusively considered the laws passed by Congress. But may not the laws of every state be also considered as laws of the union. Every state forms a part of the union, and if

He is offending against no jurisdiction, but pursuing an offender against a state law which is a part of the United States.
To illustrate further, he stated that Congress had the right to authorise a state officer to execute state process within the territory of the United States. Have they not the power to authorise an officer of the state of Maryland or Virginia to execute a state process within the territory of Columbia? There is nothing in the constitution, nor in the acts of cession, that prevent it. If then we authorise state process to run into the district of Columbia, shall a murderer or fugitive from justice take refuge here, and escape punishment, because he is beyond the limits of the state, in which the offence was committed? He trusted that such a result would not be contended for; but that every gentleman would aid the object of the bill, which was to prevent in future, the commanders of foreign armed vessels from inflicting American shipping in our ports and harbours, or in the waters under the jurisdiction of Congress.
Mr. R. Griswold. The remarks of the gentleman have not proved to my mind that I was mistaken. He supposes in the first idea I suggested that Congress has a right under the constitution to call out the militia to execute the laws of a state, because a state being part of the union, so are its laws a part of the laws of the union. If this proposition is true, if the laws of a state are the laws of the union, they must bind the union, for it is the nature of laws to bind those upon whom they operate. Now will that gentleman tell me that the laws of a particular state are obligatory upon the whole union? The constitution does not bear along this idea; it only means that the laws passed by Congress, are the laws of the union. Of course no power is given by the constitution to call out the militia to execute the laws of a particular state. He conceives that under that part of the constitution making provision against insurrections, Congress might call out the militia to suppress an insurrection against the authority of a state. Be that as it may, this bill does not contemplate calling out the militia for that purpose. It merely confines itself to the execution of a magistrate's warrant; therefore that part does not authorise the passing of a law of this kind. Mr. Griswold was aware that the militia might be drawn out to aid the civil arm, where it could not effect its object with the assistance of the posse comitatus; but he had always thought that the executive of the state authority was the proper organ to call forth the militia to execute their own laws. And are the states to be now deprived of this power? By the constitution Congress have the power of organizing, arming and disciplining the militia, and governing such part of them as may be employed in the service of the United States, but to the states is reserved the appointment of officers, and training, and he had ever understood that the states had the right of commanding their own militia and calling them forth to execute their own laws. This being the case, where is that necessity for Congress undertaking to legislate on this point? The states having competent authority for the purpose, why not leave it to the states? If any states should think it necessary to call out the militia, they could do it with as much dispatch and as effectually as the United States; and all of them, he believed, had laws for the purpose: if any of them had not, they would soon pass them if they saw their necessity.
To the second objection the gentleman has replied; but it cannot be conceived that a sheriff having a warrant can ever be justified in going out of his jurisdiction to execute it. He admits that the warrant shall not run into the state of New Jersey; not because the constitution provides for reclaiming the offender, but because the jurisdiction of New-York does not extend to the state of New-Jersey. If this is a reason in that case, it must be a reason in this, and a sheriff cannot go within the jurisdiction of the United States to execute his warrant any more than he can go into that of a neighbouring state. It is perhaps, competent to Congress to pass a law to return an offender that has fled from justice within their territory; but they cannot extend the state process beyond what the state itself directs. They may, perhaps, be authorised under the authority of exclusive legislation, to pass a law directing offenders who seek an asylum in the district of Columbia, to be delivered up to an offended state: But that is not the object of the present bill, nor is there any provision of the kind contained therein. Entertaining these sentiments he moved to strike out the second section.
Mr. Nicholson. The gentleman does not consider the laws of the particular states as part of the laws of the United States, because they are not obligatory over the whole union. Mr. N. alleged that a law passed by a state conformable to its constitution was as obligatory over all the people of the Union, who went into that jurisdiction, as a law passed by Congress was obligatory over the whole people who resided within the United States. The laws passed for the government of the district of Columbia were also binding over the whole Union, though they did not operate upon any person but those who are within the ten miles square. So the laws of every particular state are binding on the Union pro tanto, for as much as they extend to—but the gentleman makes no remark upon my second observation, that the United States have a right to allow the officers of a particular state to execute their warrants within the exclusive territory and jurisdiction of the United States. The constitution does not prohibit us from exercising this authority, any more than the constitution of any state prohibits its legislature from granting a similar indulgence to its neighbour. If Jersey was to pass a law authorising the officers of New-York to pursue an offender, and arrest him in the state of Jersey, could it be complained of, or would it be said that the act of a sheriff making such an arrest was illegal, and that resistance would be justifiable? In fact, Virginia and Maryland have actually such a mutual regulation, and a person escaping from justice may be arrested by the officer, under process from either state.
Mr. J. Randolph said there undoubtedly were difficulties arising out of this subject; but generally they had been satisfactorily answered by his friend from Maryland, (Mr. N.) the situation of the United States in relation to the individual states, it is well known, differs from that of every other government under the sun. The waters in our harbours are generally under the jurisdiction of the state governments, while the mouths of those harbours are under the jurisdiction of the United States. And if the position is true that the United States cannot authorise a state officer to execute his process, when an offender shall have escaped into the waters under the United States jurisdiction the case is irretrievable. And it will be known that the most daring outrages committed within a state are to be passed by with impunity, if the criminal escapes beyond the state boundary into that of the Union. This was a doctrine to which he never could accede. He saw no good reason why a state might not as well have the privilege granted of executing its process within the jurisdiction of the United States, as of reclaiming offenders flying from justice into other parts of the Union. He deemed it prudent to fortify the arm of the state with the strength of the United States. There is,
however, one part of the clause that had not been satisfactorily supported to his mind. He did not understand how the Congress could enjoin it upon a magistrate to call out the militia to execute a state warrant. He was not satisfied either as to the right, the constitutionality, or the propriety of the measure. The constitution when it speaks of calling out the militia, confines the object to three things, to execute the laws of the Union, to suppress insurrections, and repel invasions—Congress may call forth the militia to execute the laws of the United States, but not to execute the laws of a particular state. The states individually have a right to call forth the militia of their own states, to execute their own laws, and the United States have also the power to call forth the whole militia of the Union to execute the laws of the Union. He had no doubt of the propriety of giving the states authority to execute their process within the limits of the United States jurisdiction; but he doubted extremely the authority of Congress to call out the militia for the purpose mentioned in the bill; that he conceived to belong to the state authority, and the state alone was competent to its execution.
The doctrine of the Gentleman (Mr. R. Griswold) on another point was not so correct. It will be recollected that the individual states could neither raise an army, nor create a fleet; yet armed vessels may commit in our waters, and in our ports and harbours, the most violent outrages upon the persons and property of the citizens; and this miserable quibble is to enable them to elude a nation's justice; we cannot, we are told, extend the jurisdiction of a state nor aid her with the national force; surely the lives and fortunes of our citizens are not thus tamely to be sacrificed.
Suppose murder to be committed in the harbour of New-York by a citizen or a foreigner not belonging to an armed vessel. This may be considered as a crime against the state, & which the state authority is competent to punish. But if murder is committed by the crew of an armed vessel, is not such an armed force equivalent to an invading foe? If a man came from Canada to Vermont, and was to commit a similar outrage, would not the civil power of the state apprehend him, and punish him with death, if his crime was of such enormity as to require it? And shall an armed vessel be permitted to outrage the person and property of our citizens on the Atlantic shores, because she has the strength? He would be glad to see a remedy more complete than the one mentioned in this bill; he would like to see such a force not repelled by the civil arm, but force by force. He would like to see the armed vessels employed in disturbing our peaceable commerce blown out of the water. He would wish to see our American officers and seamen lying yard arm & yard arm in the attack, and the question of peace or war flaked on the issue, if the conduct of such marauders was justified by the government of the nation to which they belonged. This language may appear different from what he had constantly used; but our situation was also different. Heretofore, he was not disposed to engage in hostilities for the protection of our navigation; but we then had no maritime force. We have since created one; if we had no navy, we could not meet them on the ocean; but having one he would apply it to the best purpose, that of effectually defending our ports and harbours, and would struggle till the whole of our marine was annihilated, if in the contest Britain should not leave us a single ship; though we lost all, we should not lose our national honor; though we should not beat her on the Ocean we should save our reputation.—But to suffer insult to be added to injury is indeed a degradation of national honor, and ought never to be borne with, let it come from any nation whatever.
Mr. R. Griswold did not say that congress had not power to authorise the individual states to send their process into the territory under the jurisdiction of the United States. That point could not be a question on this bill, because that power is no where proposed to be given. The objection was, that without having given the state power to send its process within the United States jurisdiction, you say that if the person making the arrest, the person intended to be arrested shall be killed within the jurisdiction of the United States it shall be justified, or if any person aiding the sheriff be killed by those resisting the civil authority, they shall be punished as in cases of felonious homicide. He was desirous that some efficacious mode of resisting or repelling the aggressions upon our commerce could be adopted, and the peace and security of our country effectually secured for the future.
Mr. Elliot. The question has some traits of peculiar importance, and it would be desirable at all times to harmonize the conflicting claims of the state and general governments. He could have wished that the doubts upon his mind had been dispelled by the ingenious explanation of the gentleman from Maryland (Mr. Nicholson.) But instead of being dispelled they were materially strengthened by his observations. We are told that the laws of the union embrace the laws of the individual states. That the constitution gives us power to call forth the militia to execute the laws of the union; but it is no where says that we may call forth the militia to execute the laws of the particular states; are the state laws then, laws of the union? One gentleman affirms that they are, and another gentleman denies it. Let us enquire for a moment what is the meaning of the phrase, union. The first paragraph of the constitution says, We the people of the United States, in order to form a more perfect union; again, New states may be admitted by Congress into this union; and in section 4, article 4, The United States shall guarantee to every state in this union a republican form of government. Surely it means the combination of the whole, and those only are the laws of the union which are made by the representatives of the whole union. If the laws of individual states are laws of the union, because a state is a part of the union, then every bye-law of every city, borough, town, or corporation in the United States are laws of the union, for these also are parts of a state, in the union. How stands the question now? By the constitution you have no power to execute a state law; yet you assume that power if you pass this bill. It is said the state laws are binding over the union. They are only binding on those who reside or come within the limits of the state, and not on citizens residing and remaining in other states without their limits. An inhabitant of Jersey is not bound by the laws of New-York, while he remains on this side the North river. You might as well say that the state laws were binding upon the Universe, for a state is a part of the Universe.
Mr. J. Clay suggested to Mr. R. Griswold to vary his motion so as to strike out only that part of the section which related to the call of the militia by a state magistrate, and let all that relates to the army and navy stand. For altho' a state had the power of calling out its own militia to enforce the execution of her own laws, yet she could not call upon the regular troops or navy of the United States, and this force he considered as a necessary aid in the cases alluded to in the bill.
Mr. R. Griswold intended, if the section was
struck out, to introduce a new one in its stead, declaring that a state process may be executed within the jurisdiction of the United States on the sea board, and then adding a permission to the state to call in the aid of the army and fleet or the union.
Mr. J. Randolph asked if he understood the gentleman right. Did he mean to authorise the state officer to execute his process within the United States jurisdiction, and make the killing of the officer or his assistant a felonious homicide?
Mr. R. Griswold, meant to give the power to the state officer expressly and in that case, if resistance be made, most indubitably it is felonious homicide.
Mr. Nicholson was not convinced by anything which had been said, that Congress have not the authority to call out the militia in order to secure the execution of the state laws; but he was not generally tenacious of his opinions, and he would be the last man in the world to give his assent to the assumption of powers not granted by the constitution, and if any reasonable doubt existed he would certainly refrain from pressing the question. He had no objection to the alteration proposed by the gentleman from Pennsylvania (Mr. Clay,) but he could not consent to strike out the whole section, as he conceived it gave the very authority contended for by the gentleman from Connecticut. He wished the bill to be rendered as efficacious as possible, and in order to remove the objection raised by doubts as to the constitutionality on account of calling forth the militia, he was willing to strike that part from the bill.
Mr. G. W. Campbell—This section contains a principle of much importance, though not yet touched upon by any of the gentlemen who have engaged in the discussion; and the manner in which the House may now decide thereon will go to fix a precedent upon which the freedom and independence of the individual states may be placed in jeopardy.
The first object in the section is to authorise a state officer, acting under the state authority, to go beyond the limits of such, and of course beyond his jurisdiction, to execute state process upon an offender escaping from justice. He did not believe that the United States were competent to give such authority, or that the United States could extend the laws of the several states beyond the boundaries of the state for which they had been enacted. For this reason he meant to oppose giving this authority to a state officer, but he would be clearly in favor of making such provision as would more effectually preserve peace in the ports and harbours and waters of the United States, and at the same time remove the doubts suggested by gentlemen on both sides. He would be for introducing into the bill, instead of the present section, a provision, that when such a crime shall have been committed, and the party charged had escaped into the United States jurisdiction, the state officer having received the state process might exhibit the same to a proper officer of the United States, who should issue a new warrant, and upon such warrant the offender escaping should be arrested. This he conceived to be the only mode in which Congress had a constitutional right to reach their object, or to aid the state government in apprehending offenders. He was clearly of opinion that the powers of a sheriff could only correspond with those vested by the writ, which never did more than command the person to be taken, if he be found within your bailiwick or county; if you extend his powers in the manner contemplated in the bill, the state officers of Philadelphia, will be despatched with state process to execute in Charleston.
He had always been of opinion that each state had a right to call out its own militia, to carry into effect their own laws, and that the United States cannot require it of any state officer to call forth the militia to carry into effect the laws of such state; but he was also of opinion that Congress may authorise a state officer to call upon the United States officers to aid in the apprehension of fugitives from justice; but here we could only authorise them, and not compel them to make such call; if we could we should annihilate the very existence of the state governments. This provision being made he would go further, though he was not willing to authorise every justice of peace to call to his aid the military and naval forces of the United States, yet he was inclined to draw out this force whenever it became necessary, under the direction of a proper officer to carry into execution a state process, where a state was incompetent to that object.
He would briefly mention another objection. It was to that part of the section which relates to punishment in case of resistance. He conceived this to be altogether unnecessary. When the United States authorise their officer to execute a process, he is armed with all the requisite power for its accomplishment, and as long as he acts within the authority given to him he will be justified in his conduct, and all who oppose him will be guilty of such a crime as is known to the laws in the quarter where opposition may be given. This part of the bill appeared to him to be unnecessary, and if unnecessary it would be found also inconvenient. Whether the killing of the officer or his assistants was murder or man-slaughter would be determined by the facts, and the punishment in either case would be found under the state law, adopted from the English law to which a court would have to turn for its decision.
Mr. Nicholson wished that gentlemen, before they found fault with the bill would pay a more particular attention to its provisions. The gentleman last up had supposed this bill enjoined upon the state officer, as a duty, that he should call in the aid of a military force to execute the state laws. That was not the case; the bill only says it shall be lawful for him to do so. It was observed some days since that our statutes affixed a punishment to the offence of resisting a civil process consisting of fine and imprisonment; but this being a different crime when attended with killing, it became necessary in order to remove doubts as to what punishment should be inflicted, that it be simplified and expressed in the law itself. He held himself ready to agree to the amendments suggested by the gentleman from Pennsylvania, (Mr. Clay) which he expected would satisfy every member, except the gentleman last up from Tennessee.
Mr. Nelson took this opportunity of expressing, in the most public and most explicit manner, that he should on all occasions vote against every measure which went to aggrandize the power of the United States at the expence of the individual state governments, or the authority of the people. It is at this day admitted, that the general government have no other powers or jurisdiction than what are granted by the people in the constitution; that the powers not delegated therein, or prohibited by it to the states, are referred to the states respectively, or to the people. The section before the committee contains two important regulations—one of which he considered as just and proper; the other not, as warranted by the constitution. Nay, it would be a direct infringement upon the rights of the individual states. The section contemplates giving authority to the state officers to call out the militia of the state to execute its own laws, and thereby take the command of that force out of the hands of the executive authority, where the state constitutions generally placed it. He admitted the right of Congress to call forth the militia in cases of invasion or insurrection, and to execute the laws of the Union; but exclusively of these cases authorised by the constitution, he was bold to say Congress had no right to interfere with calling the militia into service.—The command of the militia, he considered as a sovereign power, and as such it could not be exercised by two sovereign authorities; as that would destroy the very idea of sovereignty, which was an exclusion of all other authority than one; the state executive could not call forth the militia, and the Congress exercise the like power at the same time.—He should always hold up his hand against such interference with the state sovereignities, or an assumption of power by Congress, in this case, as well as other analogous cases.
Some gentlemen have entertained doubts whether Congress have power to authorise a state officer to execute process within the United States jurisdiction; if Congress have exclusive jurisdiction, it is competent for them to point out the manner in which it shall be conducted, and the persons by whom.—The states of New-York and Connecticut may mutually agree that the process of each state may take effect in the other. This is a principle so plain, that it cannot be doubted, and it never ought to be doubted but what Congress may in like manner permit a state process to be executed within its exclusive jurisdiction.
His colleague (Mr. Nicholson) had made a distinction, on enjoining it upon a state officer to call out the militia, and said that only gave him the power to do so, if he deemed it requisite. It is true, that it is not enjoined as a duty, but it is nevertheless equally true, that you assume to take away the power of a governor of a state, and give the authority to a justice of peace, intended by the state constitutions to be exclusively within executive and legislative control.—He should therefore vote in favor of striking out that part of the section, giving to judges or justices the power of calling out the militia, while he meant to favor that part extending the power to the civil officer of the state to make an arrest within the territory of the United States, or waters under its jurisdiction, in cases of fugitives from justice.
Mr. Dana had no objection to the second part of the clause, so far as it went to preserve peace in our ports and harbors, or maintain the rights of a state against every foreign aggression whatever. The general idea of combining the force of the United States and the force of an individual state, he thought unobjectionable as to its principle, and gentlemen differed merely as to the detail. True, the manner of conducting this operation was important, and required deliberation in order to avoid the establishment of a precedent, which might hereafter be drawn out to support an unconstitutional authority.—In respect to the first point, calling forth the militia to execute the state laws, he did not see that it need be considered as an insuperable impediment; because although the United States could not call them forth to execute a state law, yet the states themselves possessed the power, and would no doubt provide for its efficacious exercise in carrying their respective laws into full effect. But a doctrine, that had been broached for the first time in the course of this debate, was a subject of an alarming tendency, and in his opinion was contrary to the whole scope of the constitutional powers granted to the general government of the Union.—It is said that the laws of particular states are laws of the United States because the states are a part of the Union. The constitution declares it to be the duty of the President to take care that the laws be faithfully executed, and he is to commission all officers of the United States. It is meant that the President shall see to the execution of the laws of each particular state? This will give a vast range to Presidential authority. But this is not all; for if you extend your view to the end of this construction, it will be found that the judicial authority is so extensive, and they will pass judgment of right upon the state laws.—It is very well known that the laws of the several states are of two kinds, part statute, and part common law; and this will extend their jurisdiction to all cases arising at common law. Grant this sweeping clause its whole range, and it will enable the courts of the United States to draw every litigated subject within their own cognizance; this is a step which surely gentlemen are not prepared to take at this time.
With respect to the latter part of the section, he was prepared to go the whole length. He would furnish the force of the United States to support the peace and independence of the states, and to vindicate lawful commercial pursuits, against any or every nation that dare attack them. He assented to the position of the gentleman from Virginia, (Mr. J. Randolph) and was willing to risk the question of peace or war upon the issue. He was not anxious to strike out the section, he did not know but it might be as well to re-enact it.
Mr. G. W. Campbell explained in what he conceived he had been misunderstood by Mr. Nicholson, and declared his willingness to go as far in the protection of our commerce, and preserving peace within our waters, as any gentleman on the floor; the only point in variance was as to the mode. He wished it might be done in conformity to established principles in law and in right reason, keeping altogether clear of constitutional embarrassment.
The question on striking out the second section of the bill was carried in the affirmative, 61 being in favor of, and 41 against it.
A motion was then made by Mr. R. Griswold for the committee to rise and report the bill, with a view to its recommittal to a select committee. This being negatived.
The committee continued discussing the details of the bill.
Mr. J. Clay proposed to amend the bill by declaring that all unlawful search, or other vexation, or impediment of any of the crew of trading vessels coming to or going from the United States should be punished in the manner defined in the 5th section.
Upon some defutary conversation, and it appearing that the idea embraced by the amendment was provided for by other words in the bill, the amendment was lost.
Mr. J. Randolph observed that it was not surprising to him that the amendment had been lost. On the contrary he was surprised that there had been so little. For he conceived it the most arduous task that had ever devolved upon a committee to report at once a bill perfectly satisfactory in its details on a subject as novel as it was important. The great difficulty was in providing against the clashing of the two jurisdictions in the execution of a state process. He thought it would be best to create the offence, and leave to the state the mode of punishment in ordinary cases; but where offences were committed by foreign armed vessels he conceived the United States and the states might have a concurrent jurisdiction.
The committee rose and reported, and the business took the course marked in our Register.
Domestic Intelligence.
LEGISLATURE OF NEW-HAMPSHIRE.
FRIDAY, NOV. 23.
GOVERNOR'S SPEECH.
HIS Excellency the Governor met the two branches of the Legislature this day, and delivered the following
SPEECH:
Mr. President, and Gentlemen of the Senate, Mr. Speaker, and Gentlemen of the House of Representatives.
ASSEMBLED at this time, to which the Legislature was adjourned, agreeably to your request, for the purpose of performing the public duties required by the Constitution—while we gratefully acknowledge our obligations to the Supreme Governor of the world for the exalted privileges with which our country has been favored—may we unite our efforts, as the Representatives of a free people, in devising the best means of promoting the public welfare, and for securing the individual rights and lasting happiness of our fellow citizens.
It seems to be a principle uncontested, that none but a virtuous people can long support a free government. How important is it then that the promotion of virtue should be duly regarded in the formation and execution of laws; that encouragement and support should be given to institutions calculated to inform the mind, and instruct in the moral and religious duties.
Since the last session of the Legislature, I have received a letter from the Secretary of State, informing, that the amendment, proposed during the last session of Congress, to the Constitution of the United States, respecting the manner of voting for President and Vice-President of the United States, has been ratified by the Legislatures of three-fourths of the several states. This letter will be laid before you.
I have also received a letter from his Excellency the Governor of the Commonwealth of Massachusetts, inclosing a resolution of their Legislature, proposing an amendment of the Constitution of the United States, as it respects the apportionment of Representatives among the several States, and confining the same to the number of free inhabitants respectively. The letter and resolution will be laid before you. The importance of the proposed amendment, and respect for the doings of a sister State, claim, and will undoubtedly have, your candid and deliberate attention. The Constitution of the United States was undoubtedly formed with much deliberation, and ought not to be altered without manifest reasons therefor: yet it was wisely provided, that alterations might be made if found necessary. Representatives and direct taxes are included in the same article in the Constitution, and were to be apportioned among the States on the same principles. That part of the article, which respects direct taxes, appears to be nominal; while the proportion of Representatives from some of the States is greatly increased in consequence of the large number of slaves which they hold; and the importation of slaves, which, it is said, is now publicly allowed by one or more of the States, has a tendency further to increase the inequality of representation.
The several matters unfinished at the last session, or referred to the present, will occupy your attention; and I cannot omit mentioning particularly that which respects a building for the confinement of criminals, as being highly important.
Whatever business you may think proper to lay before me will meet my ready attention. And be assured, Gentlemen, that I shall esteem it a pleasure to co-operate with you in measures calculated to promote justice, and advance the general welfare.
JOHN TAYLOR GILMAN.
State of New-Hampshire, November 23, 1804.
ANSWER OF THE SENATE.
May it please your Excellency,
ASSEMBLED at this time to perform the duties enjoined upon us by the Constitution of this State, and taking into consideration the happy situation of our public affairs, we feel ourselves bound to acknowledge with gratitude the many unmerited favors and exalted privileges, which we, through the blessings of Divine Providence, enjoy, under our present free and enlightened Republican Governments. Be assured, Sir, our united efforts shall be exerted, in devising the best means to promote the public welfare, to protect and secure the civil and religious rights of our Constituents against the arts and intrigues of designing men.
Sensible that virtuous habits are the surest preservatives of a free Government, we therefore consider it our duty to encourage and support those institutions, the best calculated to inform and instruct the mind in moral and religious duties. And we regret the institutions established according to the indications of Divine Providence, for the benefit of mankind, should ever be made instrumental in attempts to subvert the only Free Government now existing; instead of affording encouragement to support it under our present successful experiment; or that any should attempt to weaken the energies of a free people, by declaring that our Representative Government cannot long exist, by invidious comparisons of it with other systems.
With pleasure and satisfaction we receive your Excellency's communication of the ratification of the Amendment to the Federal Constitution, in the choice of President and Vice-President of the United States—hoping thereby to escape those dangers to which we have so recently been exposed.
That part of your Excellency's communication, relative to an Amendment of one of the fundamental articles of the Constitution of the United States, proposed by the Legislature of Massachusetts, will be duly attended to, and the subject receive all that candour and deliberation, which respect for the doings of a sister state, and the more important consideration of preserving the Union of the several states, merit. We coincide with your Excellency in the belief that the system of our General Government was framed and adopted after much solemn deliberation, and that the provision made for alterations, as time and experience might point out, was wise. But the reasons for a change ought to be clear and strong, lest, while endeavouring to avoid some apparent inconvenience, greater unforeseen disadvantages are produced, and by one change after another the Constitution be essentially altered, and the harmony of system destroyed.
From the history of other nations, we have no right to expect a perpetual exemption from wars. Though, under our present happy situation, direct taxation may appear nominal; yet, should we be so unfortunate as to be engaged in war, that would not be the case; for from the probable failure of other resources direct taxation must be resorted to, and should this amendment take place, we mean, from the reduction of representation in those States, to which the proposed alteration alludes, throw a much heavier
FISHER & LESUEUR, HAVE JUST RECEIVED A QUANTITY OF HEBBERT'S BROWN STOUT, of superior quality, also, a few barrels SWEET ORANGES.
Dec. 18, 1804.
THIS DAY IS PUBLISHED, AND FOR SALE AT FITCHIE & WORSLEY'S BOOK-STORE:
The Rainbow,
SERIES FIRST;
Originally Published in the RICHMOND ENQUIRER

vier burthen on our agricultural interest, than would be imposed under the present state of that article.
Disapproving of slavery, as we do, we lament that one of our sister states has repealed their law, prohibiting the importation of slaves; yet we flatter ourselves in the contemplation, that the time is not far distant when Congress will have a Constitutional right to put a stop to that inhuman traffic. And no serious evil, we presume, can accrue to us, by the increase of representation, from the importation of slaves in the short period of four years.
Convinced of the importance of having a secure place, for the confinement of convicts to labour, we shall use our utmost endeavours to progress therein, as fast as the nature of the undertaking will admit, without laying too great a burthen at once upon our Constituents.
The unfinished business, of the last session, and such other matters as may now come before us, will be punctiliously attended to; not doubting of your Excellency's cheerful co-operation with us, in promoting justice and the general welfare.
NORFOLK December 14.
Captain Potts, of the British ship Medway, left Madeira the 30th October, by him we learn that accounts had reached Madeira of the misunderstanding between Great-Britain and Spain, which it was believed would terminate in open hostilities. Advices had been received from Spain which state, that the French had taken possession of the Spanish ships of war in Ferrol, Coruna, &c. and that French officers and mariners had arrived from Rochfort and other ports of France to man the Spanish ships. Apprehensions were entertained in Madeira (in consequence of advices from Lisbon) of a visit from the French; those advices, moreover, stated, that the court of Lisbon was alarmed by the discovery of a plan, which the French government had formed for taking possession of the island of Madeira and the Brazils.
Norfolk Ledger.
THE FRIGATES.—Yesterday the President and Revolutionaire both came up into Hampton roads. We understand the former is expected up in this port, for the purpose of making some repairs.
SOUTH-CAROLINA LEGISLATURE.
On the 27th ult. a petition was presented from the South-Carolina State Society of Cincinnati to the Legislature, praying their interference in endeavouring to suppress the practice of DUELLING—similar petitions have since been presented from citizens in different parts of the State and the whole referred to a committee of both Houses.
On the 28th ult. a member of the House of Representatives gave notice, that he should ask for leave to bring in a bill, to repeal the act allowing the importation of Negroes.—We sincerely wish, that leave may be granted, and, for the honor of the State, that a stop may be put to this shameful traffic.
GEORGIA.
The legislature of Georgia have passed a law for more effectually preventing the importation of slaves.
FROM MALAGA.
CHARLESTON, Dec. 6.
The Schooner Weasel, capt. Brewster, 45 days from Malaga, anchored off the Port this morning. The accounts by this vessel state, that the pestilence at Malaga had nearly ceased; but the situation of the inhabitants of that place, and the country adjacent, was distressing in the extreme, from the want of provisions—wheat was selling at the enormous price of three dollars per bushel; and even at this price could only be obtained by favour. Reports at Malaga stated, that the pestilence had extended to Alicante and Barcelona. In Valencia great numbers were carried off; but it was hoped that the westwardly winds which generally prevail in September, would check the disease.
Some idea may be formed of the dreadful ravages of this pestilence, when we state, on the authority of a gentleman passenger in the Weasel, that the official list of deaths published at Malaga, stated in one day 886 persons as having fallen victims—the average daily number was about 280; but in the country adjacent was said to be 450.
Capt. Brewster did not touch at any other port in the Mediterranean, and passed Gibraltar and Cadiz without going in.
From the Mississippi Herald, Nov. 16.
A gentleman immediately from Baton Rouge, informs, that the detachment of Spanish troops lately arrived there, took on their line of march on their return to Pensylvania, about the 27th ult. by way of Galveston, except 2 officers and about 30 men. Gov. Folcke was also to leave Baton Rouge in a few days on his return via N. Orleans, calling at the latter place for the particular purpose of an interview, on public business with the Marquis de Casa Calvo, and his excellency Gov. Claiborne, on the late disturbances in Florida. (The Louisiana Gazette of the 3d inst. mentions his arrival at New-Orleans.)
Before Gov. Folcke left Baton Rouge, a decree or law was passed, by which Americans possessing lands within the territory now held by Spain, (New-Orleans, &c.) were not to be permitted to dispose of their lands unless they had actually been upon, and cultivated them for ten years preceding the sale, in addition to this order, no new letter was to be permitted to come into the territory without express permission from the government. The apparent intention of which is to prevent any farther introduction of Americans into the country held by Spain, in case of a rupture taking place between the two governments, which appears fully expected.
For information of such of our readers, who may be interested in lands in that country, and who may be misled by an idea that the decree above mentioned is to take place only in respect to future settlements, the following are the precise words, stating that it is to take place, "dele a flora v en lo sucesivo" "from the present hour, and for the future."
Extract of a letter from Dr. John Sibbly, dated Natchez, Nov. 6.
"The inconveniences we have experienced in our correspondence with the United States and Orleans, has induced a few of us by a private subscription to send a mail once every two weeks from this place to Natchez; in full confidence that we shall be relieved of this burthen soon, by Congress authorizing the Post Master general to establish one; for which we have made an application."
"The Natchez that rose here about two weeks ago, and closed to the neighboring Spanish Province to obtain their freedom, agreeable to the announcement of the commandant were purified, are taken and brought back, and we hope a stop is put to any further attempts; but most of the negroes on Red River were about moving—it is positively ascertained that they were excited to it by Spanish emissaries, one of whom was taken with the negroes, and two others are prisoners at this place: their goals being clearly proved."
"Two Americans have lately been murdered by two Spaniards, on the road leading from Appulachia to Natchez. The name of one of the murdered is Owen, formerly of Kentucky, the Spaniard stabbed him, and took his saddle-bags which contained considerable money, and his Horla, and made his escape to Natchez; he was seen with Owens' horla and saddle-bags—they were before been travelling together, as the Spaniard's horla was found landing by Owen's dead body."
"The particulars of the other murder are not so well ascertained; it is only a few days since it happened. The murder of House Anderson and Knox has been corroborated by some other circumstances since the first account of it."
Miscellaneous.
MAP OF VIRGINIA.
IT is with much pleasure we inform the public, that a MAP of VIRGINIA, laid down from actual surveys, and the latest as well as most accurate observation, is now preparing by Mr. MADISON, President of William and Mary College, a rough draft of which will, in the course of two or three weeks, be submitted to the inspection of the Members of the General Assembly. The labor and expence attending the execution of this important work, have been very great, and a considerable length of time has been employed in collecting the necessary materials. Every county, and most of the public roads, &c. will be accurately delineated, and the whole work, we are informed will be rendered so correct, as to merit the confidence and patronage of the public.
Para. from an English paper.
Earl Stanhope has lately employed the greater part of his time in bringing to perfection an improved mode of printing. His invention though in some respects similar to the French stereotype, is said to be very superior to it, with regard to neatness, accuracy, and cheapness.
Dr. Davy, professor of chemistry in the royal institution of Great Britain, in a paper lately read to the Royal Society, has described the process used in the art of tanning, entered at large into a chemical investigation of the nature of the agents employed in the process; and detailed a number of ingenious experiments undertaken expressly for the purpose of ascertaining the mode of their operation.
Mr. Ashley Cooper, surgeon of Guy's hospital, will publish, in the course of the summer, a treatise on the Anatomy and Surgical Treatment of Hernia, illustrated with plates of the size of nature, principally taken from cadavers that have been admitted into St. Thomas's and Guy's hospitals. The first will contain the description of every species of inguinal hernia, one of which is its passage on the inner side of the epigastric artery; in the second the subjects of hernia, femoral, vaginal, and femoral hernia, will be treated of; and the third part will contain hernia of the naval; lithiatric notch foramen ovals, and some hitherto undescribed varieties.
Mr. Wilkinson, of Soho-square, whose scientific lectures on galvanism, have deservedly attracted much notice, will speedily publish his promised history of that interesting science, drawn chiefly from Citizen Sue's work, to which he proposes to add a familiar introduction to the production of galvanism, a description of the various apparatus, and an account of the last experiments.
A society has been lately formed at Bristol for promoting religious knowledge. Their object is to distribute gratis a variety of small tracts on the most important religious and moral subjects; and, as it is their intention scrupulously to avoid what ever is peculiar to any distinct community, they invite all friends to religion to unite with them in their benevolent purpose. Their treasurer is Andrew Pope, Esq. who receives subscriptions.
Within these few days, a fine piece of Roman sculpture has been given to the British Museum, by Mr. Brand Hollis. It is a sort of sepulchral chest, which was found neglected many years ago, by Mr. Horsley, in the mill at Chesterford, in Essex. It is without inscription, is supposed to have contained three urns, answering to the bulls on the outside, and to be the only specimen of sculpture belonging to the ancient Gallo-Romanum.
The works and letters of Gustavus III. late king of Sweden, being intended to be published, with permission of the king now reigning, all persons, who have in possession any letters of that prince, of a nature to be communicated to the public, are invited to transmit either the originals, or copies of them, to the Swedish minister that may be nearest to their place of residence; or to M. le Comte d'Oxenstierna, at the post office at Stockholm, with a view to the insertion of the said letters in the collection that will shortly appear.
Professor Olivarius is returned from his literary tour through Sweden, and has now in the press, at Copenhagen, his "general archives of the north, comprehending England and Holland." The last number of his well known periodical work, Le Nord, has just made its appearance.
ENQUIRER.
RICHMOND: THURSDAY, DECEMBER 20, 1804.
The Proprietors of this paper have for some time past announced their determination, to strike off from their subscription list, the name of every man who should not have paid up his annual subscription by the 15th inst. For various reasons, which it would be unnecessary to state and to justify at the present time, they have once more determined, to put off this event till the 10th of February—which will end three quarters of a year since its first appearance. On that day they will publish a complete Table of their subscribers' names, and a STAR will be placed by the side of the name of every delinquent subscriber, which shall indicate the name of every man, who is no longer to be considered as the patron and friend of this establishment. Such an expedient as this, is novel, but it is on many accounts justifiable.
It will save us the multiplied trouble of giving a formal notice to each delinquent subscriber, that his paper had been suspended.
It will enable us to lay before the public a complete view of the resources of our paper; and this is an advantage of no inconsiderable importance. The fate of every public print should be considered as a kind of public concern. If it be of any real benefit to society; if it furnishes some amusement to the idle, or any solid information to the discerning and judicious, its proprietors are certainly not the only persons who are concerned in its duration and success. Every one, who profits by its labours, has some interest in its support; and it is perfectly proper, that the most complete understanding should prevail between the proprietors and the public. We wish, therefore, to throw no shade of concealment over the condition and the resources of our paper. We will draw aside the curtain of ceremony, & then let every man know us for what we are, and not for what their uninstructed imagination would conceive us to be. Should the paper expire from the inactivity & indifference of the people, we would with to inform them, that at least its destruction was not due to our own misconduct.—Should the paper expire for the want of an adequate support, we would wish to hold up our own fate, as a melancholy memento to every other man, who should wish to embark his own capital and talents in such a perilous enterprise. It would be gaining something at least, if the fact could once be satisfactorily established, that the compensation of an editor is incommensurate to his labours. It would be a problem, we might say, even of some political importance, if it could once be established by experiment, that a man of an active spirit, must seek some other employment, if he wishes to acquire a certain and comfortable competency. If it could be once seen, that an active press could no longer exist for the instruction of the people, then perhaps the legislature might feel the obligation of devoting some part of the public treasury, to the encouragement of other vehicles of instruction. Instead of licensing lotteries for the support of academies and schools, until they have been so greatly multiplied as to deliver
each other, they might probably see the necessity of offering at once for general and energetic system for the instruction of our youth. We are not vain enough to suppose, that the evidence of these problems will be pledged in any great degree upon the fate of our own experiment. We should scarcely believe that the present paper is precisely fated to the taste of the public, and that it possesses every possible recommendation to the favour and support of its subscribers. But we shall have done our part when we shall have demonstrated, that a paper like the present cannot exist in the Capital of Virginia: and that too, from no want of desire or of effort on the part of its proprietors, but from the indifference or disapprobation of the public.
Were it proper at this time to exhibit the table of delinquencies, which we have promised to do on the 10th of February, we should perhaps excite the astonishment, and we might hope the indignation of our readers. We should publish a list of not less than 500 delinquent subscribers; many of whom have now received our paper without any compensation for more than 7 months; altho' they knew the express condition of their subscription was payment at the end of the half year; altho' they saw our determination to strike them off from our list on the 15th inst.—and many of them have not even paid us the paltry compliment of an excuse.—That the Proprietors can derive any benefit from so ill-supported an establishment, is a preposterous idea. But that the paper itself is to perish at once, or to perish prematurely, is a conclusion equally visionary. In spite of our own obstacles, and exclusive of the power of death, there are two causes only, which shall cast it into the tomb: When the conviction shall arrive, that the existence of the Enquirer is of no farther use to the public, we shall no longer be willing to pursue our labours: When all our resources are exhausted, we must then resign the press.
Under the proceedings of the Virginia Legislature on the abolition of the office of Public Printer, published in the last Enquirer, the following sentiment was attributed to Mr. Barbour. "In this state and under the former federal administration, almost every thing has obeyed their influence" (that is of the loaves and fishes). Mr. Barbour is of opinion that the three first words of this sentence are incorrect; as, in context with the closing words of the sentence they serve to convey an idea, which had always been foreign to his understanding, and which he could never have intended to express. That "under the former federal administrations almost every thing had obeyed the influence of the loaves and fishes" he thinks is perfectly correct; but that the same allegation could be truly made against the government and people of Virginia, was never his opinion and could scarcely be inferred from any thing which had come from him even in the fervour of debate. Mr. Barbour's assertion which would have been of itself entitled to the highest respect, has been so strongly enforced by the concurrent opinion of several respectable bye-standers, that the Editor of this paper has not a doubt remaining in his mind of the complete inaccuracy of the expression. It is with the greatest pleasure that he has in his power to announce this conviction. And he has no doubt that this instantaneous contradiction of the passage will at once remove every unfavorable impression from the mind of any man who had seen it in the paper, and had believed it to have been Mr. Barbour's own language.
The Legislature yesterday appointed Mr. SAMUEL PLEASANTS, junior, Printer to the state for one year. The votes were, For Samuel Pleasants 124 Thomas Ritchie 64 Scattering 2
The promised article on the Impeachment of Judge CHASE, is once more postponed.
FOR THE ENQUIRER.
TO THE VIRGINIA LEGISLATURE.
LETTER 8.
ON ROADS—No. IV.
It has been already urged that a public road ought to be made from the City of Richmond to the Falls of the Great Kanawha, and the fourth side of James River ought to be preferred. I now propose not only to support that recommendation, but to show that another co-operating road ought to be made from Richmond to Petersburg, and from thence to Norfolk. If this grand design should be perfected, the state of Virginia, by the means of these roads and the inland navigation of James, Greenbrier and Kanawha rivers, will become the commercial thoroughfare between the Eastern and Western Hemispheres. And the towns of Richmond, Manchester, Petersburg, Suffolk, Portsmouth and Norfolk, will form a bond of commercial strength, which will be able to resist the capitals and intrudes of northern competitors.
From Norfolk to Portsmouth the passage will be made on bridges crossing the Eastern and Southern branches of Elizabeth River. One of these bridges is now complete, and the other will be very soon executed. From Portsmouth to Suffolk in a direct line, the distance is about 60 miles, here also a road may be made with very few obstructions. From Petersburg to Richmond the ground is more uneven, and the difficulties will be greater, but the benefits will be in the same proportion. This road in a direct line will not exceed twenty miles; so that the whole route from Richmond by the way of Petersburg to Norfolk will not exceed 96 or 97 miles. It is the same distance from Richmond to Hampton. So that with equal trouble, the disagreeable and dangerous passage of 18 miles from Hampton to Norfolk will be avoided, besides the inconvenience of delays, proceeding from adverse winds, tempests and calms, or the absence of the boats.
From Richmond to Lynchburg the computed distance, according to the present road, is 120 miles, and it is believed on a direct line the distance does not exceed 100 miles; this I shall assume as a fact. The situation of the ground for so great a distance, is the best which can be found in any part of the United States; the only difficulty will be the bridge across James River.
From Lynchburg to Crow's Ferry the road will be about 35 miles, with no important obstruction, and from thence to the Sweet Springs, on a direct line is about 27 or 28 miles—the present way by Fincastle is about 51 miles—and another by Craig's Creek is about 40. The route now recommended will be much better than the first, and 12 miles nearer than the last: there are mountains in the way, but they do not afford important difficulties.
From the Sweet Springs several routes have been recommended—the first is by the Cove to a ford on Greenbrier River, called St. Lawrence, thence to the public road at Lewisburg; the computed distance to the river is 12 miles, and to Lewisburg 3 more, making 18 miles—the next is to the mouth of Muddy Creek, and from thence to the same road—and the third is to New River, or Kanawha, above the mouth of Greenbrier River, and from thence on the south side of the Kanawha to the falls; this last route appears to be the most proper, but as my opinion upon part of the way is derived from the information of others, I shall not enforce it with too much zeal; the computed distance from the Sweet Springs this way is about 70 miles, and the only important difficulty is the river which is not equal to the inconvenience of crossing Greenbrier, Meadow and Gauley rivers on the other routes.
From these details it appears that the Falls of Kan-
hawa are distant from Richmond about 250 miles; that for a great part of the way there can be made a better road than can be elsewhere found in the United States, and that there are no important difficulties in the way except James and Kanawha rivers, both of which may be crossed by bridges.
I will now contrail these details with the difficulties which appear on the north side of James River. The road from Richmond by Charles City to Station, is computed at 120 miles. In the way there are two rivers, the Blue Ridge and several large Creeks. Call your eye on the route to Lynchburg, which is computed at the same distance, and no such impediments occur. From Station to the Warm Springs the distance is 47 1-2 miles—on the way there are three mountains, two rivers and several creeks.
From the Warm Springs to Lewisburg is 52 1-2 miles—making 220 from Richmond—whereas the distance, according to the foregoing details, on the fourth side, to the same place, with fewer difficulties and a better road, is no more than 180 miles—from Lewisburg to the landing on the Kanawha is 80 miles—making in the aggregate by the route on the north side of James River, 300 miles from Richmond—whereas it appears that the actual distance by the other way is no more than about 280 miles; which proves, that the navigable part of the Kanawha River without improvements, is as near to Norfolk as Pittsburgh is to Philadelphia—and yet the City of Philadelphia, with the disadvantage of wagonage, upwards of 300 miles, not only supplies the western people, but even vends her goods, to be retailed in the City of Richmond. If they are so far, who is the man whose mind is so benighted, or whose parsimony is so unyielding as to refuse the sum of one million of dollars, if less will not do, to ensure the important revolution—for which these essays are written.
If the Members of Assembly who are now in Richmond, who represent the different counties through which these routes pass, will unite the personal knowledge which each possesses, and then make an accurate statement, the public will be better satisfied than with the details of an anonymous writer.
The same reasons which invite us to establish a free road from the City of Richmond to the Falls of Kanawha, do not exist as respects the roads from Norfolk to Petersburg—thence to Richmond—thence to Fredericksburg—and thence to Alexandria.
A turnpike road ought to be immediately authorized from Richmond to Petersburg. It would tend to produce harmony, and unite the commercial strength of Richmond, Manchester and Petersburg, and would enable every trader who might visit either of these towns to try the markets in the others with very little additional trouble.
This road might be authorized by the present legislature without the formality of a petition. Four or five miles would be saved in distance, a wagon would carry double the present burthen, and the trip might be performed in one day with ease and certainty.
After this road shall be completed and its usefulness experienced, the general importance of all the rest will be anticipated, and public opinion, that arbiter of the fate of popular men, will loudly call for and finally ensure the execution.
Legislature of Virginia.
EXTRACTS FROM THE JOURNALS OF THE HOUSE OF DELEGATES.
Friday, December 14.
On motion—Resolved, That it be one of the standing rules of this house, that the committee of privileges and elections, shall report to the house in all cases of privilege or contested election, to them referred, the principles and reasons upon which their resolutions shall be founded.
An engrossed bill, appropriating a sum of money for the purpose of opening the navigation of Holston river, was read a third time, and several blanks therein filled up;
Resolved, That the bill do pass, and that the title be, an act, appropriating a sum of money for the purpose of opening the navigation of the Holston river.
Ordered, That the clerk do carry the said bill to the Senate, and desire their concurrence.
Mr. Johnston presented, according to order, a bill, incorporating a library company in the county of Prince-Edward, which was received and read the first time, and ordered to be read a second time.
Mr. Johnston presented, according to order, a bill, to abolish the office of public printer, and for other purposes, and the same was received and read the first time; and the question being put upon the second reading of the bill—it passed in the negative.
Ordered, That leave be given to bring in a bill, to amend the act, entitled an act, for more effectually preventing obstructions to the passage of fith in James river and its navigable branches; and that Messrs. Baker, E. Harrison, G. Miller, Hening, Hatcher, Leake, Miller, (Goodchild) and Cabell, do prepare and bring in the same.
The orders of the day for the house to resolve itself into a committee of the whole house on a bill, to prevent slaves being brought into this state; and on the state of the common-wealth; being read;
Ordered, That the same be put off till tomorrow.
Saturday, December 15.
A bill, incorporating a library company in the county of Prince-Edward, was read a second time, and ordered to be engrossed and read a third time.
Mr. Davison presented (from the committee to whom it was recommitted) a bill, for adding part of the county of Ohio to the county of Harrison; with several amendments, which being twice read, were agreed to by the house, and the bill with the amendments, ordered to be engrossed and read a third time.
Mr. Wooding presented, according to order, a bill, to amend the act, entitled an act, directing the mode of appointing the public printer, prescribing his duties and for other purposes therein mentioned, which was received and read the first time, and ordered to be read a second time.
Mr. E. Harrison reported from the committee of propositions and grievances, that the committee had, according to order, had under their consideration the petition of Edmund W. Rootes, to them referred, and had come to a resolution thereupon, which he handed in at the clerk's table, where the same was twice read & agreed to by the house, as follows:
Resolved, as the opinion of this committee, that the petition of the said Edmund W. Rootes, praying that a law may pass authorizing the admission of Dearborn's Patent Balance into such warehouses as may hereafter be established, or such already established as may require new scales and weights, provided the said balance shall be approved of by the inspectors of such warehouses, is reasonable.
Ordered, That a bill be brought in pursuant to the said resolution; and that the committee of propositions and grievances do prepare and bring in the same.
Mr. E. Harrison, presented from the committee of propositions and grievances, a bill, "Authorizing the introduction of Dearborn's patent balance into the warehouses of this commonwealth upon certain conditions"; which was received and read the first time, and ordered to be read a second time.
Ordered, That leave be given to bring in a bill, "To explain and amend the act, reducing into one the several acts, concerning the fees of certain officers, and declaring the mode of dis-
charging the said fees and county levies"; and that Messrs. Burwell, Hening, Barbour, Smyth, (Wythe) Kinney, Baker, Currie, Davison and Smith (Rockingham) do prepare and bring in the same.
Ordered, That leave be given to bring in a bill, "To amend the act, further continuing and amending the act, entitled an act, for reducing into one the several acts concerning execution and Mesne, Tazewell, Hening, Barbour, Moore, Dulaney, Hill, S. Boyd, Jennings and Currie do prepare and bring in the same.
Ordered, That the committee heretofore appointed to bring in a bill, "For the relief of insolvent debtors and for other purposes," be discharged from the further consideration of that subject.
When Mr. Tazewell introduced this motion he stated his reasons for making it. He observed that as the law stood now, it was the duty of a poor man who wished to take the insolvent oath to give due notice of time and place to the plaintiff, his executors, administrators or agents. But it sometimes happens that the plaintiff dies, after he obtains his judgment, and this is a maxim of the law, that the execution must progress. What then is the condition of the debtor? He cannot give notice to the plaintiff, for he is no more. He cannot give it to the executor, for he does not know who the executor is, nor perhaps even whether there was a will left by the deceased. Until then he hears of the will, and knows the name of the executor, the debtor cannot escape the dispensation of the law, and he may for a long time remain in imprisonment from some seasons of the year. But in case no will is left behind, perhaps there will be no one to administer upon the estate, and no Court can grant letters of administration except at its monthly session, or at the end of six months when it may put the estate into the care of the sheriff. In the mean time the notice cannot be given to any agents of the plaintiff; because no one can be the agent of a dead man. This is one case which precludes hard upon the insolvent debtor and requires the interference of the Legislature.
There is another case, equally cruel. A suit may be instituted by a plaintiff residing in one part of the state against a debtor in the most remote part. One, for instance, may be a resident of the County of Accomack; and the other of the County of Washington. A judgment is given; an execution is issued against the body of the defendant, and he is thrown into prison. What is the consequence? The unfortunate debtor is compelled to seek out the plaintiff in a remote corner of the state; and to give him notice of his intention to take the insolvent oath. A long interval may elapse before this process can be formally complied with; and in the mean time the debtor is to be suffering all the miseries of confinement. These are two cases which Mr. Tazewell observed he should wish to introduce into this amendatory bill.
There was another evil, which Mr. Tazewell said, he was anxious to submit to the consideration of the house, and to introduce into this Bill. He meant the subject of Forthcoming or Delivery Bonds. They gave no sort of relief to the defendant, whom they were intended to serve, but subjected him sometimes to greater mischiefs. In the course of his experience he had scarcely met with a man, who was not as unready to satisfy a judgment against him on a Forthcoming Bond, as he had been on the original Bond. What then was the consequence? When the judgment was obtained, he had to pay the original debt, with accumulated expenses. Lawyer's fees, Clerk's fees, and Sheriff's fees must all be charged against him in the bill of costs. It appeared then to produce little benefit to the defendants themselves. The same inconveniences had been formerly attached to another kind of dilatory bonds: he meant Replevin Bonds. The term of these was first reduced from 12 to 9 months; then to 6, and to 3; and he would ask whether at any time of this changing series, any one had ever been found ready to discharge the judgment obtained on them.—There was another consideration in the case of forthcoming bonds, which deserved the notice of the house. To these bonds a security was required. And an innocent man might thus be mulcted at last with the payment of the debt. He believed that in 9 cases out of 10, the sheriff would levy on the property of the surety and not of the principal. It was the duty of the Legislature to raise a barrier against this importunity of friends; and to befriend those, whose friendship to others might cost them so dear.
Mr. Tazewell concluded with hoping these subjects might be referred to the consideration of a select committee; and that if the case of forthcoming bonds did not meet the investigation of the house, he hoped at least that the two first evils would be redressed, which might operate so grievously upon insolvent debtors.
Leave was given to bring in bills, "To raise by lottery, the sum of twelve hundred dollars, for the benefit of Sevenburg academy, in the county of Culpeper; To enforce the payment of certain fines into the public treasury.
A representation and petition of sundry merchants, traders and others, inhabitants of the town of Alexandria, in the district of Columbia, was presented and read, on the subject of extending the capital stock of the bank of Virginia, and ordered to be referred to the committee to whom was referred the petitions from Fairfax and other counties on the same subject.
The several orders of the day for the house to resolve itself into a committee of the whole house on a bill, to prevent slaves being brought into this state; and on the state of the common-wealth, being read;
Ordered, That the same be put off till Monday next.
And then the house adjourned till Monday 12 o'clock
Richmond Theatre.
The public are respectfully informed, that the proceeds of this evening are the only rent the proprietor receives for the entire use of the buildings now occupied as the Temporary Theatre.
ON FRIDAY EVENING WILL BE PRESENTED (For the first time here these 5 years) THE COMEDY OF THE BUSY BODY. FOR THE THIRD TIME HERE THE FARCE OF RAISING THE WIND.
Doors to open at half after 5 o'clock, and performance to begin at 6, precisely.
Admittance—One Dollar. Nights of performance will be on Monday, Wednesday, Friday and Saturday's. December 20.
IRISH LINENS & IRISH SHEETINGS.
THE SUBSCRIBERS have just received from Belfast a handsome assortment of 7-8ths & 4-ths IRISH LINENS, and 5-4ths IRISH SHEETINGS, which they will sell on moderate terms.

THE YAZOO EMPIRE.
[CONTINUED.]
The several companies did, it is understood, pay the purchase money, and obtain grants from the governor of Georgia, for the several tracts delineated in the law: the lands have since passed through several hands, and so far as has come within the knowledge of the commissioners, the title derived from the grants appear to be now held in the following manner:
The whole tract granted to the Georgia Mississippi company, was divided into sixteen hundred equal undivided shares; and the president and directors of the company, in January, 1796, sold the whole, with the exception of 620,000 acres, reserved for citizens' subscriptions, to certain individuals in Massachusetts, who style themselves the New-England Mississippi company. The title has been conveyed to trustees for the use of the company, which consists of 2,276 equal shares.
It is urged by sundry associates or shareholders of the original Mississippi company, that they have not been paid, and that they are still entitled to a portion of the land.
The tract granted to the Tennessee company, was, by the grantees, Mathias Maher and Zachariah Coxe, divided into 420 equal shares. Several hundred thousand acres are, besides, claimed under deeds, signed by Z. Coxe alone, and which appear to be exclusively of the shares which he held. The greater part of the original shares are held by trustees, for the use of the proprietors.
The Georgia company consisted of ten shares, exclusively of a number of sub-shares and of money shares, which have been either purchased in by the company, or absorbed in the payment of certain tracts sold by them. That company, however, no longer exists, having sold the greater part of the territory by metes and bounds; and surrendered the remainder to the state of Georgia. Instead, therefore of being held by trustees, or in undivided shares, the lands originally assigned to that company, are claimed by several individuals, each claiming distinct tracts in their own name. There is a number of militant claims in that part of the tract which lies between the Alabama and Tombigbee rivers, south of the parallel 32 30 north latitude.
On the 15th day of February, 1796, the legislature of Georgia passed an act, (L.) declaring the act of the 7th January, 1795, above mentioned, null and void, as having been obtained by fraud and corruption; directing all records of grants or conveyances relating to the sale, to be expunged; and forbidding the recording, thereafter, of any such conveyances or contracts. The document (F) contains the evidence on which the legislature acted.
By the articles of agreement of the Georgia company, and schedule thereunto annexed bearing date 1st and 10th January, 1795, a copy of which (B. No 9) was transmitted to the commissioners amongst other documents by the attorneys of Hugh Rose and Valentine Jones, two of the claimants under that company had disposed of a considerable quantity of the lands they intended to purchase, to divers persons (whose names, with the amount in dollars paid by each, appear in the schedule) for the purpose of raising a fund to effect the purchase of the lands; and that they had also found it necessary to distribute to a variety of citizens of the state, certain sub-shares, or quantities of land, in order that the benefit should be as generally diffused as possible. By the form of the sub-share (C) it appears that the holders were entitled to a certain quantity of land, without making any immediate payment, but on paying within seven months what was supposed the original purchase money: viz. two cents and a third of a cent per acre.
A comparison of the schedule annexed to the articles, and which is declared to be a part of the agreement, with the yeas and nays on the passage of the act, authorizing the sale, (E) shows that all the members, both in the senate and house, who voted in favour of the law, were, with one single exception, (Robert Watkins, whose name does not appear) interested in, and parties to the purchase.
The articles of agreement, and list of associates of the Tennessee company, which have been voluntarily furnished by one of the trustees, shows that a number of the members of the legislature were also interested in that company.
It is also proper to state, that all the deeds given by the companies, which have been exhibited to the commissioners, as well as all the subsequent deeds, with only two or three exceptions, not only give a special, instead of a general warrant, but have also a special covenant in the following words:
"And lastly it is covenanted and expressly agreed and understood, by and between the parties, to these presents, that neither the grantors aforesaid, nor their heirs, executors, or administrators, shall be held to any further, or other warrantee, than is herein before expressed, nor liable to the refunding of any money, in consequence of any defect in their title, from the state of Georgia, if any such there should hereafter appear to be."
The act of Georgia, of the 15th February, 1796, as well as several subsequent acts, had made provision for the repayment of the money, deposited as the consideration of the purchase; and the document (G), shows that $10,695 dollars and fifteen cents, have been withdrawn under those laws. The commissioners have not been able to procure the evidence on which those funds were paid: it is, however, understood, that supposing the title from Georgia to have been valid, not more than five or six millions of acres have been fairly surrendered by the parties, who have received that money.
A great majority of those persons who claim the lands not surrendered, have signed the propositions of compromise, hereto annexed, (H) by which they offer to relinquish their claims provided that the United States shall promise to pay them at the rate of twenty-five cents per acre, for the nominal quantities of land, claimed by them; which after making proper deductions for lands, which have been surrendered, would make a gross sum, of about 1,500,000 dollars with interest from the year 1805; provided, however, that the principal and interest shall not exceed the proceeds of those five millions of acres, in the territory, which shall ultimately be sold for the highest price.
The commissioners think those propositions inadmissible, and without pretending to affirm, that the legislature of the state in Georgia, was competent to make the decision, they feel no hesitation, in declaring it as their opinion, that under all the circumstances, which may affect the case, as they have come within their knowledge, and as herein stated, the title of the claimants cannot be supported.
But they nevertheless, believe that the interest of the United States, the tranquility of those who may hereafter inhabit the territory, and various equitable considerations, which may be
urged in favor of most of the present claimants, render it expedient to enter into a compromise on reasonable terms.
Under that impression, a plan is respectfully submitted to the consideration of Congress, which, although it does not give a full indemnity, to every claimant, it is believed, from such information as has been received to give, in the aggregate, nearly as much as has been paid in the whole, by all the present claimants.
As it is understood and generally agreed, that the five millions of acres reserved by the agreement with Georgia, constitute the fund from which the indemnity is to be paid, it is of primary importance, in order to guard against any depreciation, that the nominal sum in money, which may be offered as an indemnity, should not exceed what the fund may be thought amply sufficient to discharge. The probable amount of the annual sales, and the price affixed to the land by Congress, furnish the only data by which that sum can be determined. The commissioners have supposed that the sales could not be reasonably estimated to yield more than two or three hundred thousand dollars, annually; and although it has been presumed that in opening a land office, the price of the land will, at present, be fixed at two dollars, per acre; they have believed that it would be improper to assume the payment of any sum out of the proceeds of the lands, which would bind Congress not to reduce the price hereafter, if other considerations shall render that reduction expedient.
It is after having considered the subject in that point of view, that the commissioners have been induced to submit the following propositions, as the basis of a compromise.
1st. That so much of the five millions of acres as shall remain after having satisfied the claims of settlers and others, not recognized by the agreement with Georgia, which shall be confirmed by the United States be appropriated for the purpose of satisfying and quieting the claims of the persons who derive their claim from an act of the state of Georgia, passed on the 7th day of January, 1795; for which purpose the several companies, or claimants under those companies shall be permitted to locate the quantity of land allotted to them, on any part of the territory they claim, to which the Indian title has not yet been extinguished; provided, however, that the whole shall be located in no more than six tracts; and provided also that each tract shall extend the whole length or breadth of the territory claimed by the parties respectively, and shall not have a greater proportionate front on the rivers than the whole territory thus claimed.
2d. That the claimants may, nevertheless, receive in lieu of said lands, certificates bearing interest from the 1st January 1804, to the amount of 2,500,000 dollars, or, at their option, certificates without interest to the amount of 5,000,000 dollars; which certificates shall be paid, (principal and interest) out of the proceeds of the sales of the public lands in the territory of the United States, above mentioned, next ensuing the completion of the payment of 1,500,000 dollars to be made to the state of Georgia; and shall also be receivable in payment for the land purchased in the territory, as soon as the payment to the state of Georgia shall have been completed.
3d. That the lands or certificates shall be apportioned among the several companies in the following manner that is to say: the proportion of each company, exclusively of the tracts which may have been surrendered shall, on every 500 dollars or acres which shall be allowed as the whole, be as follows:
Table with 2 columns: Company Name, Amount. Rows include: For the Upper Mississippi company exclusively of citizens' rights, 35; For the Tennessee, do. do. 60; For the Georgia Mississippi, do. do. 155; For the Georgia, do. do. not exceeding 225; For citizens' rights not exceeding, 25; Total 500.
4th. That every original grant, deed, or other evidence or claim, from which the companies or claimants derive, or pretend to derive, their respective claims, shall be exhibited to the secretary of state, within a twelve month, and there recorded, at the expense of the parties; and, unless thus recorded, shall never after be admitted or considered as evidence in any of the courts of the United States.
5th. That after all the claims shall have been exhibited, the lands or certificates allotted to each company, shall be apportioned in proportion to the quantity of land supposed to be contained within the respective claims amongst the several claimants under each company, by commissioners who shall also have power to decide in conformity to the principles of law and equity, on all conflicting claims within each company.
6th. That each individual claimant shall be allowed to have the benefit of these terms, for the amount of his claim thus ascertained, and to receive, at his option, his proportion either of lands, of certificates bearing interest, or of certificates without interest.
All which is respectfully submitted. JAMES MADISON, ALBERT GALLATIN, LEVILINCOLN. (To be continued.)
NOTICE. All persons indebted to the late firm of BUCHANAN, DUNLOP & CO. of Petersburg, ROBERT POLLOK & CO. of Richmond, and DUNLOP, POLLOK & CO. of Manchester, are hereby notified, that James Dunlop, late a partner in the above concerns, has become purchaser of the outstanding debts; they will therefore be pleased to make payment to Mr. John Tompkins residing in Richmond, or the subscriber residing in Petersburg, who alone are authorized to make collections and grant discharges. Suits will be indiscriminately commenced against all who do not make payment before the first of February next. JOHN DUNLOP, Attorney For JAMES DUNLOP. Petersburg, Nov. 15, 1804. epf
J. TOMPKINS. RESPECTFULLY informs those concerned, that he has removed the books and papers of the late concern of Robert Pollok & Co. and Dunlop, Pollok & Co. to a new Brick House near the Basin, and directly opposite to the State-House. Where he has for sale, a few pipes of OLD COGNAC BRANDY, of superior quality. December 11.
SADDLERY. JOHN MENERY, SADDLER, respectfully informs the public in general, and his friends in particular, that he has just received an elegant and well chosen assortment of Saddlery, Coach and Harness Mountings, Whips, Spurs, &c. &c. &c. laid in under his own inspection, whereby he is enabled to offer them on the most reduced terms. November 21.
BROKER'S OFFICE. THE Subscriber has opened a Broker's Office, opposite the Union Tavern, and over the Counting-house of Thomas and Asson Ladd. All business confided to him, will be transacted with great fidelity. THOMAS NORFELL. October 5. epf
FALL GOODS. WILLIAM TEMPLE has received by the ship Edward and Charles, from London, an extensive assortment of GOODS, suitable to the approaching season. He expects an ADDITIONAL SUPPLY, to complete his assortment, by the ship Sally from London, and Lisona from Liverpool; which he will dispose of on his usual low terms. Sept. 8. epf
ENOCH SULLIVAN, JEWELLER & HAIR-WORKER. (First door below the Eagle Tavern.) BEGS leave to inform the public that he has for Sale, a FASHIONABLE ASSORTMENT OF JEWELRY & SILVER WARE; Also, a HANDSOME SUPPLY OF LADIES ELEGANT COMBS, POCKET BOOKS, &c. Dec. 8. epf
BURR MILL STONES, of all sizes; and PLAISTER OF PARIS, of an excellent quality, for sale, as usual, by WILLIAM DAVIDSON, near the Market. Dec. 4. [epf]
W. COWAN, WATCH AND CLOCK MAKER, one door below the Eagle Tavern—repairs Watches and Clocks of every description, at the shortest notice. W. C. returns his grateful acknowledgements to his friends and customers, and hopes to merit a continuance of his favours. N. B. He has on hand a few good Watches, with a variety of Chains, Seals, Keys, &c. Which he will dispose of low for cash. December 4. epf
FOR SALE—at Rocketts. THE LOT, and two story BRICK HOUSE, containing three tenements, which the subscriber purchased at the sale of George Nicholson, deceased. The lot is well situated for a warehouse, and the brick building for a bake-house, lumber-yard, or Tobacco Factory. JOHN ELLIS. November 14. epf
DATES'S ALMANAC—FOR 1805—Published by Messrs. Davis & Courtney, may be had at the Office of the Enquirer. September 19. epf
T. SULLY, Portrait and Miniature Painter. SPECIMENS of his work may be seen at his rooms above Dunmore & Turner's Grocery, Main-Street, Richmond. December 4. (epf)
Irish Linen and India Wine. JOHN HENRY has imported in the ship LATONA, captain Thurston, from Liverpool, a few small boxes of well assorted 4-ths IRISH LINEN, purchased in Dublin in July; which, with fine old London particular MADEIRA WINE, in pipes and half pipes, he offers for sale on moderate terms. Nov. 7. epf
WASHINGTON TAVERN. THE subscriber has taken a lease of this tenement for a number of years, and has put it in a state of repair which renders it not inferior to any in this City. Beside the Tavern he has detached buildings, well calculated to accommodate those who are anxious of greater privacy than a tavern usually affords. These tenements adjoin the public square, and are within two hundred yards of the Capitol. They have detached out-houses over any other houses in this City, with respect to pure air and excellent water. He has good STABLES and a constant supply of the best FORAGE. He tenders his services to his friends and the public, and assures them, that no unlawful gaming, nor any other practice which might, in any degree, have a tendency to disturb the peace of his house, will ever be permitted. EDWARD HALLAM. Richmond, September 26.
TO RENT—For the ensuing year, THE WHITE HOUSE at Hanover Court-house, together with the lots adjoining thereto, that are not attached to the Tavern. The house is a very commodious one with all the necessary offices. Also, for rent, a field containing about an hundred acres adjoining the premises, well calculated for the cultivation of corn. The above property will be rented separately or together, as may best suit those wishing to rent. Terms will be made known by the subscriber living at the Court-house. BARBARY O. THILMAN. Dec. 1.
NOTICE. THE office of Supervisor of the Revenue for the District of Virginia being discontinued, and the unfinished business of the said Office transferred to me; the Collectors of the Direct Tax and Internal Revenue, whose accounts have not been finally adjusted and paid, are hereby informed, that they are now requested to call at my office, in the city of Richmond, without delay, and pay the balances due to the United States. And those whose lands have been sold in the district of Virginia by authority of an act of Congress of the United States for non-payment of the Direct Tax, may redeem such lands, by paying to me within the time limited, the principal costs and fees as the law directs. As soon as the abovenamed lands were sold in Dec. 1802, the privilege of redemption will continue until December next. The money received by me for the redemption of the said lands, will be returned to the purchaser, with interest at the rate of 25 per cent per annum on the purchase money, to the day on which it may be paid to me. JOSEPH SCOTT. Marshal V.D. July 7. epf
TEN DOLLARS REWARD. RUN away from the subscriber, on Tuesday the 27th September, a very likely negro man by the name of TOM, sometimes he calls himself Tom Smith, and at other times Smith—he is about 5 feet 7 or 8 inches high, he generally wears a brown broadcloth coat, a swansdown waistcoat, brown corduroy pantaloons, and shirt ruffled at the bosom, though he may change his dress, as he has a variety of cloaths. He is a black, likely, well made fellow, with a very good set of white teeth, and as well as Trumbull, has a small scar on one side of his face, looks like it was the stroke of a whip; he is a proud, artful, cunning fellow, and has a very smooth dissembling tongue. Any person that will bring him home to me, living in Essex county, shall receive Ten Dollars reward, if taken out of the county, and if taken in the county, Six. All matters of vessels and others are hereby forwarded from harbouring or carrying the said negro away. W. GATEWOOD. Efflan, Nov. 20, 1804. (ethr)
PETER BELLETT, NURSERY and SEEDSMAN, at Williamsburg, intending to remove to the State of New-York, offers FOR SALE, his NURSERY; containing 20 acres of rich manured land, with about 100,000 TREES, of which 25,000, confiding as follows, are fit to be transplanted this season. 44 Sorts of Apples at 6d. per Tree. 44 Do. of Pears 1/6. do. 30 Do. of Peaches 9d. to 1/6. do. 10 Do. of Nectarine 1/6. to 1/9. do. 10 Do. of Apricot 1/6. to 2/6. do. 3 Do. of Quince 1/6. to 2/6. do. 19 Do. of Cherries 1/6. to 2/6. do. 18 Do. of Plums 1/6. to 2/6. do. 4 Do. of Almond 3/6. do. 5 Do. of Mulberries 1/6. to 4/6. do. 2 Do. of Figs 1/6. do. 7 Do. of Raspberry Bushes Lombardy and Balsam Poplars Currants, Gooseberries and Strawberries of sorts, Grape Vines of sorts, Artichokes and Asparagus Reeds, together with a variety of flowering shrubs, Flowering Roots and Seeds and Rose Bushes, and a small quantity of Garden Seeds of this year's growth. ALSO—may be had with the nursery 8 Negroes, 3 of which are well acquainted with Gardening and Nursery work. Also 3 Horses, 5 Steers, 4 Cows, and the nursery and farming utensils, which if not sold by the 1st day of May next, will be set up at Public sale on that day, until which time he will continue to sell Trees &c. &c. &c. on lower terms than usual. Orders left with Mr. George Greenhow at Richmond, Messrs. John and Sam. Peniton at Petersburg, will be duly attended to with dispatch. Williamsburg, Nov. 24. epf
NEAL NELSON, BOOT & SHOE MANUFACTURER, MAIN-STREET, RICHMOND. MAKES Boots & Shoes to any pattern or fashion, equal in point of MATERIALS and WORKMANSHIP to any in general use. Imported Boots and Shoes, of the first quality and newest fashion, for sale. Gentlemen at a distance, who are disposed to forward me their measures, by paying attention to the annexed cut, can be fitted with Boots or Shoes as well as if they were on the spot. A—the length of the Boot. C—round the Calf. B—the pitch of ditto. D—round the heel and instep. E—round the instep. G—across the ball of the foot. F—the heel against a perpendicular, and Rick a knife at the end of the great toe—set down in figures the number of inches and quarters, in the different measures. June 20. epf
NOTICE. To be sold to the highest bidder, on the fourth Wednesday in December next, at Hanover Court-House. THE Seat between the subscriber new resides, containing three and four hundred acres, of valuable farming land. This situation combines as many natural advantages, as most in the country. It is believed to be equally healthy with any in its vicinity; the neighbourhood pleasant and agreeable, and navigation almost at the door. It is peculiarly adapted to a professional gentleman; being within twenty miles of the city of Richmond, six of the courthouses, two of Hanover towns, six of New-Castle, and four of an excellent manufacturing mill. On this farm is a very spacious dwelling house (somewhat out of repair,) but in tolerable good condition for the reception of a large and genteel family; a new kitchen almost finished, a large barn in very good repair, and a most excellent apple orchard, with a variety of other fruit trees. The terms of sale will be, one third of the purchase money paid on the day of sale; one third, on that day twelve months; and the other third in six months, from the period at which the second payment becomes due. The bonds to bear interest from the date, if not punctually paid; and a deed of trust on the land, to secure the payments of the two last instalments. Any person who may wish to view the farm, will apply to the subscribers, or in his absence to Messrs. Lany Jones, John Anderson, or Edward Handley, who reside near the premises. BATHURST JONES. Hanover County, Nov. 14. (Id.)
Insurance against Fire. Phoenix Fire Office, London, May 1, 1804. THE numerous and destructive Fires which have happened within the period of the two last years, in different parts of Europe and America, (more particular in the towns of Liverpool in England, Gothenburg in Sweden, and Norfolk in Virginia) render it proper to remind all persons who possess property in the United States of America of the utility of insurance. The Phoenix Office of London, is an institution sufficiently known by the very large and important losses it has paid, in consequence of the extensive configurations in the cities and towns of America to such sufferers as have had the prudence to protect their property, by insurance. The Phoenix Company deeply regret that, owing to the expense of our continued duties, upon the buildings and stores in the timber towns, no alteration on our remission on such risks can be made at present; but the Directors hope, from the increase of brick and stone buildings, and other improvements of security, that the period is not far distant, when they will be able generally, to mitigate the rates of insurance in North America; and they confidently presume that the promptitude and honor with which they have uniformly fulfilled their extensive engagements, have unequivocally established the solidity, credit, and good faith of the Company. The Phoenix Company grant insurances upon buildings, goods and ships, whilst in dock or in harbor, from loss or damage by fire, upon the most moderate and equitable terms; and persons desirous of securing their property by policies from this company, are requested to transmit their orders to their correspondents in Great Britain. Nov. 3. epf
THOMAS COURTNEY—TAYLOR: VERY respectfully begs permission to acquaint the public, that he still continues to occupy the house on the Main street opposite the Bank, and immediately above Mr. Davis's Printing-Office. He tenders his most grateful acknowledgements to those gentlemen who have been so obliging as to favor him with their custom; and assures them and the public generally, that no exertion shall be wanting to ensure a continuance of patronage. Two or three good workmen would meet with employment by applying as above; and a couple of active lads are wanting as apprentices. Dec. 1. epf
FIFTY DOLLARS REWARD. WILL be paid to any person who will deliver to the subscriber in this city, a runaway Negro Boy, named CLAUDIUS, about 17 years of age. He has a long and limping countenance, small legs, is round shouldered, his colour is between black and Mulatto. He has been always employed as a house servant, and does not understand any other kind of business. He had a great variety of wearing apparel, all of excellent quality, much better than is usually given to servants. There is great reason to believe that he has been decoyed or inveigled away by the master of a northern trading vessel, and it is probable he will endeavor to go to Norfolk or Hampton for the purpose of getting on board; and as he is well acquainted on the stage road, and has very good address, he will probably pass for a free man. THOMAS GILLIAT. December 13th. epf
BILLS OF LADING, SHERIFFS BLANKS, BLANK BONDS, &c. &c. FOR SALE AT THIS OFFICE.
NOTICE. BANK OF VIRGINIA. Richmond, Dec. 12, 1804. A GENERAL meeting of the Stock-holders will be held at the Bank-House, on the first Monday in January next, for the purpose of electing directors for Richmond, Norfolk, Petersburg, and Fredericksburg; and for other purposes relative to the affairs of the corporation. In order that a list of the next shareholders may be exhibited, those persons who have not sent in the receipts granted by the commissioners for receiving subscriptions, are requested to transmit them by the day above mentioned, together with the cash or receipts for the second instalment, when new scrip will be issued, in lieu thereof, by the president. (epf) JOHN BROCKENBROUGH, Cashr.
NOTICE. WE the undersigned, partners in the late concerns of BUCHANAN, DUNLOP & Co. at Petersburg, of ROBERT POLLOK & Co. at Richmond, and of DUNLOP, POLLOK & Co. at Manchester, have sold to Mr. James Dunlop, our late partner in said concerns, the debts now due to us, and outstanding at these different establishments. Those indebted will therefore please to take notice, that after payments are to be made only to the said Mr. James Dunlop, his attorney or attorneys, and to whom those having claims against these concerns will apply for payment. DAVID BUCHANAN. By ROBERT POLLOK, his Attorney. ROBERT POLLOK. Virginia, Petersburg, Dec. 6, 1804. (epf)
PHILADELPHIA BOTTLED PORTER. ORDERS forwarded to the subscribers (if accompanied with cash) will be promptly complied with for the above article, put up by experienced bottlers, under their particular direction, at the rate of one dollar eighty seven and an half cents per dozen, bottles included. ISAAC MORRIS, & Co. Brewers, Pearl-street, Philadelphia. 12th mo. 13. (4t)
TWENTY DOLLARS REWARD. RAN away from the subscriber, on the tenth of last June, a negro man named JOE—about twenty four or five years of age, is about five feet high, of a light complexion, is cross eyed, and has several of his fore teeth rotted off even with the gums; he was formerly the property of capt. Ben. Johnson of Hanover county, then the property of capt. Josiah Lusk of Cumberland, who sold him to Daniel Williams of Charlotte county. I expect he is lurking about Richmond, or in the neighbourhood of capt. Ben. Johnson. Any person who will apprehend the said negro, and deliver him to me, or secure him in any jail so that I get him, shall receive the above reward. RICHARD GAINES. Charlotte county, Dec. 8, 1804. (4t)
FOR SALE. BY virtue of a deed of trust, executed to the subscriber by David Gillispie, late of Albemarle county, to secure the payment of a debt due from him, Watson and Co. and John Watson, will be exposed to public sale, to the highest bidder for ready money, on Tuesday the first day of January next, one hundred and five, at McCredie, Higginbotham and Co's store, ten miles above Charlottesville, the tract of land whereon the said Gillispie at present resides, containing one hundred and seventy-five acres, be the same more or less. WILLIAM WOOD, Trustee. Albemarle, Dec. 8. (3w.)
FOR SALE. BY virtue of a Deed of Trust, executed to the subscriber by Walter Watson of Albemarle county, to secure the payment of a debt due from him, Watson & Co. will be exposed to public sale to the highest bidder for ready money, on Tuesday the first day of January next, one hundred and five, at McCredie, Higginbotham & Co's store, ten miles above Charlottesville. The TRACT OF LAND whereon the said Watson at present resides, containing two hundred and sixty-four acres, be the same more or less. GEO: GARRETT, Trustee. Albemarle, Dec. 8. 3w
CHOICE LANDS—FOR SALE. A DIVISION of the famous Saura Town Lands having taken place between the heirs of James Park Parley, Esq. dec'd. and Col. John S. Parley and his sister Mrs. Elizabeth Morson, the subscribers, Robert Taylor of Norfolk, and Charles Duncan at Rossin, near Peterborough, are fully empowered by the said Col. Parley and Mrs. Morson, to dispose of their proportion, containing 12,232 acres, which are surveyed and laid off in eight lots, containing from 500 to 2800 acres, agreeable to plots in the possession of the said Duncan. The four largest lots are of excellent quality, each containing a considerable proportion of the richest low grounds, which produce tobacco of the very first quality, as has been experienced by one of the subscribers, who shipped it for a number of years. Those lands lie on Dan and Smith's rivers, in Rockingham county, on the borders of North Carolina, about 170 miles from Peterborough and Richmond. As there are seldom such lands for sale, they must be an object to those who want to purchase such as will produce fine tobacco, hemp and small grain. One third of the price must be paid in ready money, one third in twelve months, and the other third in two years, the purchaser giving bond with unexceptionable security bearing interest from the date if not punctually paid. Those who wish to purchase will be shown the lands by Doctor John C. Cox, living at Leekville, near Rockingham Court-House, and the terms made known by ROBERT TAYLOR, or CHARLES DUNCAN. Peterborough, Nov. 24. epf
FARMINGDALE NURSERY. THE SUBSCRIBER has FOR SALE, for the present season, at his Nursery, adjoining the Borough of Norfolk, 10,000 WORKED FRUIT TREES; Consisting of Apples, Pears, Peaches, Cherries, Apricots, Plums, Nectarines, &c. &c. &c. selected from all parts of this state, from the Nursery to the Newmarket, and from England. He flatters himself that those who want to purchase will be satisfied with the goodness of the fruit trees being near one hundred years old. He has also for sale a quantity of Lombardy and Balsam Poplars, Pride of China, &c. with a large assortment of Fruit Trees, imported three years ago from London, and are beautifully variegated of all colours. BAYLOR HILL. December 15. (epf Wm. T.)
CASH WILL be given for 12 or 15 BOYS, from 7 to 15 years old. Enquire of the Printers. Dec. 15. [epf]
WHITE CHIMNEYS. THE subscriber wishes to rent the Tavern and Store House at this place, either altogether or separately; the eligibility of the stand for a Tavern and Store is well known by many; the salubrity of the air and the quality of the water, are unexceptionable. Possession may be given on the 1st of January next. For terms apply to FRANCIS GALVAN. White Chimneys, Dec. 15, 1804. (epf)
IN ALL ITS VARIETY, EXECUTED AT THE OFFICE of the ENQUIRER.