The enquirer (Richmond, Va.), 1807-11-06 00:00:00

The Enquirer.
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE POST-OFFICE.....AT FIVE DOLLARS PER ANNUM.....(PAYABLE IN ADVANCE.)
VOLUME 4.]
RICHMOND, FRIDAY MORNING, NOVEMBER 6, 1807.
[NUMBER 52.
GERARD BANKS. HAS IT IN VIEW TO ESTABLISH A NEWSPAPER, IN RICHMOND, TO BE PUBLISHED TWICE A WEEK: THE TITLE— THE VIRGINIAN.
THE EDITOR has been always attached to Republican systems. The present Administration, in his view, is well calculated to ensure the happiness of the people; and any administration which may succeed, pursuing the same general course, will be supported. Foreign and domestic affairs will be noticed. Besides this, the public will, time after time, be apprised of the affairs of the public institutions, and particularly of the course of the Bank; its managers, its influence, its defects and impositions. The usurpations of this dangerous institution will be noted; the Aristocracy which grows from its management will be exposed. The paper will be supported by the following gentlemen, who are the friends of the people: John Marshall, Attorney General; Thomas Jefferson, Vice President; James Madison, Secretary of State; Robert R. Livingston, Chancellor; Aaron Burr, Vice President; George Clinton, Governor; John Adams, Vice President; Thomas Adams, Attorney General; John Quincy Adams, Secretary of State; Charles Francis Adams, Chancellor; Samuel Adams, Vice President; John Adams, Governor.
500 Subscribers at 5 Dols. per annum each, one half in advance, are necessary to the commencement of the Paper. GERARD BANKS. Richmond, October 30. epf.
Sales at Auction. WILL BE SOLD, At Public Auction, without reserve, on WEDNESDAY , the 14th November next, at the dwelling-house of the late John McCrady— A QUANTITY OF EXCELLENT Household FURNITURE, A collection of valuable Books, A pair of handsome carriage HORSES, A small invoice of Goods, —AND OTHER WHICH ARE— Two elegant Marbled Cabinets, and a variety of useful and elegant Articles, too numerous to be mentioned—being the property of John and George McCrady, deceased. On all sums above 150 dollars, there will be allowed a credit of three months; under 150 dollars and over 50 dollars, three months credit—purchasers giving negotiable notes with approved endorser, or bonds with approved security. JAMES PENN, Esq., of George McCrady, and Administrator of John McCrady. Nov. 3. tdf.
TO BE RENTED, MOUNT COMFORT. It is a mile and a half from Richmond—There are fifty-five acres of Land; ten acres of which are meadow. The whole Farm enclosed with a new post and rail fence—A Dwellings-House containing eight rooms, and all necessary offices. ALSO— TO HIRE— A good GARDENER, and two well qualified female house SERVANTS. They can be recommended as honest and sober. Immediate possession given of the whole. E. RANDOLPH. November 3. epf.
By virtue of a deed of trust executed to the subscribers, on the 10th day of July last by Samuel Southwick, for the purpose therein mentioned. Will be sold, at the front door of the Eagle Tavern, on Saturday the 14th inst. between the hours of 12 and 3 o'clock: THAT valuable TENEMENT, on the Hay-Market Square, now occupied by said Southwick. Terms: One thousand and fifty dollars payable in cash, and the residue on the 27th April, 1808; to be secured by an approved endorsed negotiable note, or a deed of trust on the property. THOS. TAYLOR & JAMES BROWN, Jr. Nov. 5. tdf.
GROCERY BUSINESS & STAND. Having determined to quit the Grocery Business, I will let my remaining term in the House occupy, opposite the State House. An early possession may be had on taking some useful articles. WILLIAM HART. Opposite the State House. November 3. tdf.
The STOCK is selling off at reduced prices for cash—many articles well worth the notice of Grocers. WILLIAM TEMPLE, Has received by the ship Hercules from Liverpool and Calcutta from London, An extensive supply of MERCHANDIZE , suitable to the present and approaching season, which he will sell low. Oct. 10. tdf.
THE SUBSCRIBERS HAVE JUST RECEIVED A SUPPLY OF COLOGNE MILL-STONES, OF DIFFERENT SIZES, WHICH will be disposed of for Cash or approved negotiable Notes at 60 days. TAYLOR & BROWN. June 10. tdf.
Land in the state of Ohio FOR SALE. The subscriber wishes to sell a Valuable Tract of LAND, in the state of Ohio, containing one thousand acres. This tract is of excellent quality, as the subscriber has underfoot from most respectable information. It lies on Deer creek, a branch of the Scioto, about 16 miles from Chillicothe, in a well-settled neighborhood, and is very convenient to the trade of the Ohio. He will dispose of it for cash; or, on a short credit, for notes negotiable at the Bank of Virginia; or will exchange it for property in the City of Richmond. An unquestionable title, with general warranty, will be made to the purchaser by WM. MUNFORD. Sept. 26. tdf.
MAHOGANY & LOGWOOD. For Sale, at public auction, on FRIDAY , the ninth day of November, at Portsmouth: THE CARGO of the Brig George , James Cox master, a cargo of superior quality MAHOGANY & LOGWOOD in small lots to suit the purchaser. All sums under 300 dols. notes at 60 days, above 300 dols. 2, 4, and 6 months. Approved endorser will be required. JOHN COX, v. m. Octob. 30. tdf.
RICHMOND TURNPIKE COMPANY. At a meeting of the Directors of the said Company, on Saturday the 10th of October, 1807— RESOLVED, That all shares of delinquent stockholders in the said Company, be sold at auction, before the front door of the Eagle Tavern, in the City of Richmond, on Monday the 23rd of next month. A Copy. Telfer. Oct. 14. N. SHEPPARD, Clerk. 1230M.
ELLIS & ALLEN, ARE OPENING AN EXTENSIVE ASSORTMENT OF FALL & FASHIONABLE GOODS, (Selected by one of the partners) Received by the CALPE from London and PROTECTRESS from Liverpool— —AND OTHER WHICH ARE— BEST London superfine and extra superfine Cloths, and superfine double and single milled Kelsey-mere, Patent Prince's Cord, Patent patent Satin Velvets, Nett Panalons, Quiltings, Toiletens, Spanish, Manilla, Cercaslian Stripes, and rich office Silk, silk Quiltings, Black Florentines and Molekins for veils, Gentlemen's Wandys, Worsted, cotton, silk and Angola Hose, Ladies gauze and worsted do. Plain cotton & laced Cloths do. from 3-9 to 9-9 strong.
Gentlemen's fashionable beaver and patent silk Hats, Heilman's Boots and dress Pumps, Elegant Cambric Jaquett Robes, Sarcenets, Crapes and opera and imperial Nets, Italian Silks and Chambrays, Cambries and Mullins, Fawn, Crimson, Negrona & India Mantles, 6-4 & 1-4, Maroons of different colours, Spider Net Baloon, Reding Lyle and Barawche Mulls and Tippets, Ladies best kid Slaves, Lynxrick and York Town Gloves, 4-4 Irish Linens, 5-4 Sheetings, Long Lawns, and some Irish Diaper and Damask table Cloths, Irish and French Cambricks, Bussell's Carpets and Rugs, Coatings and Clarks, Flannels, and ready made Great Coats, Pelisse, Surcoat Coats and Small Cloakies, &c. &c. &c. which they will sell very low for cash or on a short credit to good customers. Oct. 20. epf. & co. w. m.
TWENTY DOLLARS REWARD. LOST OR STOLEN, THE LAST EVENING, A SMALL RED MOROCCO OVAL POCKET BOOK, containing about one hundred & eighty dollars in Bank Notes. Among which was a Cape Fear Note of 100 dollars, dated Wilmington and signed by John Hooper, President of Bank; Six ten dollar notes of the United States' Bank, and the rest of different Banks in Virginia. Whoever has found the said Pocket Book and will deliver it to Mr. James S. Smithers, Eagle Tavern, shall receive the thanks of the owner, the above reward, and no questions asked. Richmond, October 29. tdf.
JUST RECEIVED, A GENERAL ASSORTMENT OF DUTCH BOLTING CLOTHS, OF SUPERIOR QUALITY, —FOR SALE BY— J. DARMSDATT. October 23. tdf.
JOHN ALCOCK, Informs his friends and the public at large, that he has just received, and is now opening, next door to Messrs. Priffer and Moncure's, a large assortment of MERCHANDIZE, CONSISTING OF THE FOLLOWING ARTICLES: CARPENTERS and Joiners Tools, iron and steel Locks and Hinges, for house work and cabinet Ware. I also carry on my CABINET MANUFACTORY, as usual, adjoining the fire insurance office, and have on hand three thousand dollars worth of furniture, finished in the best workman-like manner and in the newest fashion. Also, Windsor Chairs. I will sell all of the above goods, very low for cash, or good paper at a short date. Sept. 5. epf.
FOR SALE. The subscriber is desirous of selling his PROPERTY in this City. The purchaser will be accommodated with time if required, on giving satisfactory security. SAML. GREENHOW. Oct. 7. tdf.
NOTICE IS HEREBY GIVEN, THAT A PETITION will be presented to the next Virginia Assembly, to authorise the subscriber to build a BRIDGE over Pamunkey River, from New-Castle to the opposite side. JOHN M. SYME. Sept. 12. epf.
By virtue of a deed of trust, executed on the fifth day of May last to the subscribers, by Frederick Jones and Richard Gutter, for the purpose of securing certain debts then specified—Will be sold, to the highest bidder, for ready money, at the Vendue Office of Taylor & Brown, on Friday the 6th day of November next, THREE NEGROES, viz: MOODY, HARRY and SALIT , or to many thereof as will satisfy said trust. WILLIAM MURPHY, Trustee. Oct. 17. tdf.
DOCT. DANDRIDGE Having taken the final retirement lately the property of Mr. Daniel Gordon of Manchester, purports practicing PHYSIC & SURGERY in this town and its vicinity. Manchester, Oct. 24. epf. w.
DODGE & COBB, HAVE just received a very general and elegant assortment of FALL & WINTER GOODS; Which are much lower than ever before sold in this city. October 20. (tdf.)
NOW LANDING AND FOR SALE, 20 hds. Loaf Sugar 20 hds. 18 quality brown Sugar 20 hds. Rye Whiskey 25 boxes Cotton Cards 17 hds. Antigua Rum 10 cases Malaga Wine 10 Tierces Prime green Coffee 2 ton Patent Shot. —IN STORE— 40 bags Green Coffee 30 hds. N.E. Rum 20 bags Pepper 15 pipes 4th proof Cog. 30 boxes 8 by 10 Glass nice Brandy 20 trunks Shoes 20 kegs Hamilton's 2 ton per Load Snuff. TERMS liberal, and made known on application to HENRY HOVEY. October 20, 1807. epf. w.
NOTICE. The Creditors of Mr. George Greenhow, are hereby notified, that a Dividend will be made at our Vendue Office, on Monday, the 9th of November next, where they are desired to attend with their accounts properly authenticated. TAYLOR & BROWN, Trustees. Oct. 20. epf. & co. w. m.
DRUMS, Fife, Swords, Belts, Nuts, Flannels, Stocks and Cockades, to be had at Enoch Salivan's Jewelry Store. August 7. tdf.
The Enquirer. RICHMOND, NOVEMBER 6. TRIAL OF AARON BURR. MOTION FOR COMMITMENT. TUESDAY, October 5. Evidence of Major James Bruff. (CONTINUED.)
I then left the Attorney General and Secretary at War together, and stepping down to the post-office, found letters from St. Louis, detailing the operations of Col. Burr; and of a party from St. Louis and St. Geneva, the common friends of Gen. Wilkinson and Col. Burr, who attempted to join him with twelve thousand men. A. Samuel Hammond. That letter offered proof that the party sent by gen. Wilkinson to Santa Fee, was connected with, and a part of Col. Burr's plans. As that letter related to the subject which we had been talking on, I sent it to the Secretary at War, and the Attorney General; and another letter which came on with it to the same point from Judge Eaton. They wrote that Major Wafest and Dr. Siell had left St. Louis and were joined by a Mr. Smith, Dodge, &c. from St. Geneva, who attempted to join Col. Burr near the mouth of the Ohio. The Secretary at War returned the letters and thanked me; but I have been surprised after offering proof, and naming gentlemen who knew that a connexion existed between Gen. Wilkinson and Col. Burr, that none of them were summoned to the Grand Jury. Major Bruff was here asked who those gentlemen were, and he mentioned Gen. Adair, Judge Eaton, and Major Kibby, who would prove the object of the expedition to Santa Fee, also Mr. Provencher. He then stated that he had seen a letter from Gen. Wilkinson to Gen. Adair, in which, Gen. Wilkinson urged him to come on, and that he could not go without him, and then asked if he was ashamed to serve under a Spanish conspirator. Gen. Wilkinson. When was that letter dated? A. I do not recollect when. Gen. Adair read it to me, he offered me a copy, which made me the less particular about its date. Q. Where was the letter received? was it at Washington in March last? A. It was the letter which induced gen. Adair to go to Orleans, as he said. Gen. Wilkinson pressed him to come on; said that thirty thousand troops would be sufficient to effect their purpose; as they would have little more to do than to take possession of the country; that they would have to divide them into three columns, and gen. Adair was to have the command of one of them. (Mr. McRae. What country were they to take possession of? A. I cannot say; but my impression was the Spanish country.) The general then chided him for the caution he used in writing; asked him if he was afraid to trust his friend or ashamed to serve under a Spanish conspirator. At the bottom of the letter were these words: "We shall certainly have a Spanish war." (C. Justice. Do you know the hand writing of General Wilkinson? A. I do, very well. I sat by general Adair when he read the letter; and it appeared to be the hand writing of general Wilkinson; but I did not take it up to compare it. Mr. Martin. Do you remember the date? A. I cannot tell the date or the place from which it was written. Mr. Hay. Did it appear as if it was of ancient date or modern? A. Recent.—Gen. Adair complained bitterly; he said that this letter had induced him to go to New Orleans, where he was seized by gen. Wilkinson. Mr. Wirt. Will you name all the witnesses, who could give evidence of the connection between col. Burr and gen. Wilkinson? A. Judge Eaton, to prove that gen. Wilkinson was the projector of Miranda's expedition, and his connexion with col. Burr; Major Timothy Kibby the person whose deposition has been printed, and Pierre Provencher who could prove the connexion between gen. Wilkinson and col. Burr, and who was the common friend of both; col. Samuel Hammond with whom gen. Wilkinson had a conversation, nearly similar with the one held with me, and Samuel Hammond, jun. I believe I did not mention col. Dupre, to prove the designs of the party, as to the establishment of a Western Empire. I think col. Dupre was mentioned as the friend of col. Burr, and as I am informed, came to St. Louis, as his agent, and brought with him commissions and proclamations. Mr. McRae. Did you see him at St. Louis? A. I did. A colonel's commission it is said was offered to col. Chotau, who attempted to throw it into the fire. Mr. Hay. From whom did the proclamations and commissions come? A. They were said to be from col. Burr. Mr. Hay. Who was to have commanded the horse? A. A Mr. Delony, who had been an officer of the horse in the French service, & it was said, was offered a distinguished command in col. Burr's army. A col. Dupre, it was said, brought on letters, one to Provencher and another to Timothy Kibby, the common friend of col. Burr and gen. Wilkinson. Ch. Justice. Did you see these letters? A. We had a little democratic club intended to counteract those gentlemen. A Mr. Wherry from Provencher showed the letter, took a copy of it, and brought it down to us. Mr. Wirt. What was the letter? A. Something to this purport: "He was ready; hoped they were ready; and, that the Expedition would begin to move about the 15th of Nov." Mr. Martin. How long have you been in the American service? A. I bore arms in 1775 against the torics, had a 2d Lieutenant's place in 1776, and continued in service throughout the war. Q. Have you been in the service ever since? A. I entered the service again in 1794, under an expectation of bearing arms against the British; for having been taken a prisoner during the war, and not well treated by them, I could not love them. Q. What was your grade when you left the army? A. Major of Artillery. Mr. Wickham. Did you see such a deposition as that of Timothy Kibby in the hands of the Attorney General, or Secretary at war? A. No. I gave them the letter already spoken of; I expected that all the gentlemen whose names I have mentioned would have been summoned. It has been said that I came on here as a volunteer. I certainly should have come on in any event; but I was surprised that those gentlemen should not have been summoned, & that the enquiry should be on one side only. Mr. Wirt. Is the Samuel Hammond you have mentioned the same person who had a commission in the time of Genet? A. The
very same who is said to have had one. Mr. Hay. I think you said it was in June 1805 that gen. W. disclosed to you this important secret? A. Not in June; sometime in the summer. I think in July. Q. What was the impression on your mind at the time: did you suppose it was some project hostile to the U. S.? A. He said he had some grand project in view. I expected that he would have made the disclosure without my saying that I wished him to make my fortune. I did not intend to come under any obligation or to commit myself. Q. When was the first time that you made any communications to the government or any of its officers, with respect to these projects? A. I have a letter here dated January 8, 1806, in which I say: "I have no confidence in the patriotism of gen. W. and as a man I think of him with horror." Mr. Wirt. To whom is that letter addressed? A. To the Secretary at war. Gen. W. To whom is that letter addressed? A. No. I was not looking at his papers. It does not appear from this letter that I was under arrest at that time. Mr. Hay. I want to know the fact, whether you were under arrest or not? A. I was not. Q. What was the interval between your arrest and the trial by the Court Martial? A. I believe 8 or 10 days, but I am not certain. Mr. McRae. Had you not been in expectation of an arrest? A. I had expected it for some time. In a conversation with the general, about my saying that he would not be in service six months, he got very warm, and said, "this is sedition." I replied "then arrest me." Mr. Hay. At what time did this conversation take place about Cold Water, when you stated in your evidence, your ruin was decided on? A. I think in September 1805. Then commenced a system of persecution, which terminated in my arrest. I was charged among other things with contempt to the general; that I never denied. I was found not guilty of all the other charges, except that one. Major Bruff then said that the sentence of the Court Martial had been disannulled by the President of the U. S. and his pay and emoluments, which had been suspended, by the sentence, restored. [Gen. W. understood that was by Repostulation: What is the date of the President's reversal? A. I believe it was on the 12th of March last, and my pay and emoluments being restored, is equivalent to a reversal.] Major Bruff proceeded.—The Secretary at war observed that the President was disposed to do me justice; but it was a delicate point, and there was no precedent where a sentence confirmed by the Commander in Chief, was afterwards reversed by the President. I answered that I thought it was not very delicate in gen. W. to approve a sentence when it was a mere personal thing between us. I understood that it was about the 15th of Nov. when the expedition was to have commenced, and the Mexican Standard, (an emblem of the Sun,) to have been raised. This delayed my departure from St. Louis. I expected to have seen Knights of the Sun, and Lords of Mexico, among the Chiefs of those chosen Spirits.
Mr. Martin. Whose property is the place called Cold Water? A. I understand the greater part belongs to gen. Wilkinson. About four acres only is deeded to the U. S. for a site of a factory. He wrote on for me to purchase such a place. It was about this place, that gen. W. made the rude attack upon me which I have before mentioned; but I believe the true source was, that I had said to an officer in the confidence of gen. W. that he would not be in office six months. I knew that Congress was about to meet and that it was contrary to the genius of our government that he should hold the two offices of General and Governor of Louisiana.
Gen. Wilkinson. When did you receive the first intimation of my intention to retire from service? A. This is intimated in a letter from the gen. dated April 5, 1805. [Here Major Bruff read a letter from gen. W. to him.—See reference A.] Q. Did you not reiterate this intention after I came to St. Louis? A. I believe you did. Gen. Wilkinson. Do you recollect at what period after I got to St. Louis, whether late or early? A. I cannot recollect. You often mentioned the subject.
Gen. W. Were you subpoenaed to attend this place? A. I was. I saw a subpoena in the hands of a gentleman for me; and Mr. Martin had told me in Baltimore that there was one ordered, and therefore I considered myself as subpoenaed from Queen Anne's county, in Maryland. Gen. W. Then you had a conference with Mr. Martin? A. I had. Gen. W. Do you recollect to have said that you were reluctant to come, but Mr. Martin had promised to take me into tortures? A. I have said that from a conversation with Mr. Martin, I had reason to believe that your letter to col. B. "post marked 15th of May," would be produced; but that I should have come in any event. [Here a certificate of col. Meigs was read; which see note B.] The first intimation I had of this letter was from a letter written by a gentleman of the grand jury to a friend of mine, mentioning the testimony of gen. W. given before that body. That part of the letter was confidentially read to me.
[Major Bruff was about to state a conversation with Mr. Martin, when he was interrupted by col. Burr, who said that he could not consent to a narration of the conversations which might have been held with his counsel.] Gen. W. Did you not say that you believed Burr was guilty; but that I had done you a serious injury, and you thought this a good time to seek redress? A. I have said that I believed col. B. concerned in that expedition with you. I have said so, and I think to fill. Mr. McRae. Will you state the character of Judge Eaton? A. I have accused him of an endeavour to swindle me out of half the land we purchased in common on which an arbitration is now depending. Gen. W. Had you no land speculations with Eaton? A. No. I had no speculations; but we made a purchase of a single tract of land together. Perhaps you call that speculations. Gen. W. You said that when col. Burr arrived at St. Louis, Eaton and myself were intimate? Major Bruff. I thought so. Gen. W. Did you not know that about that time I did not suffer him to come into my house? A. I heard him say after col. Burr had left St. Louis some little time, that you were perfecting him.
Commodore Shaw was called by the Prosecution. Mr. Hay. Did you travel in the stage with Major Bruff as he was coming to this place? A. I did. Mr. Hay. Will you state the conversation which passed in the stage? Commodore Shaw. The conversation was lengthy and not particularly addressed to me. I understood, as Maj. Bruff stated, that a conspiracy had been or-
ganized in the Western country, at the head of which was Burr, and that gen. Wilkinson and several others were implicated; that he had kept a watchful eye on them; had been on the alert; and that he had a just right to know that such a conspiracy existed. He said that gen. Wilkinson had done him a serious injury, and that he had come on from some information that Mr. Martin had given him, to tell a long story. Q. What was the drift of the conversation; that he intended to injure gen. Wilkinson? A. The impression on my mind was, that gen. Wilkinson had done him a serious injury, and he was coming to retaliate; but that I cannot recollect the very words. (The Chief Justice declared that impressions were not evidence. Witnesses must always depose to facts.)
Mr. McRae to Major Bruff. I understood you to say that you were summoned from Queen Anne's county, in Maryland; did you ever go to the place where it is? A. No. I was not there; you think then that you were summoned from there? A. I own property in Queen Anne's county, where I had been making arrangements for my return from the Western country. I went to Baltimore to transfer some business, where I met with Mr. Martin. He told me that if I had not come to Baltimore he should have gone to see me. I asked him if the letter "post-marked 13 of May," would be produced. He said he believed it would, and informed me that I might consider myself summoned; for that he should order a subpoena for me.
Captain Daniel Bissell called by the Prosecution. Gen. Wilkinson. Were you a member of the court martial which sat on the trial of Major Bruff? A. I was. Q. By whom was Major Bruff arrested? A. By Captain Richmond. He preferred the charges, and followed the arrest. Q. How many members composed the court; their names and rank? A. Col. Thomas Hunt, President; Colonels Cushing and Kingbury; Captains Lockwood, Bissell, Strong & May; Lieutenants, Peters, Milford, Carlton, Whitlock, Richardson and Kimball. Q. Was the court unanimous in their sentence? [Some doubt arose about the propriety of answering this question consistently with the articles of war. It was waived for the present.] Mr. Martin. Was it not some short time before the court martial, that an address to the President was handed about, which was signed by most of the officers? A. I believe it was. Q. Did Major Bruff sign it? A. I do not know that he did. I did not see his name to it. Q. Did not the officers impugn the honor of any member who refused to sign it? A. It has been more than two years since the address was circulated; and I cannot recollect what were the impressions of the moment. Major Bruff said he had seen a mutilated copy of the address published in the papers. The address was to the President, the object of which was, to continue General Wilkinson in the office of commander in chief while he was governor of Louisiana. It says a great many handsome things about his services from Canada to Florida, and the services which he had undergone in the cause of his country. [Refer to note (C.) True copy.]
CONFIDENTIAL. I am desirous like yourself to make a long exposure, and hang up my sword. Our foil, we may thank God, is not favorable to military pursuits, and the profession of arms has become disreputable, in our free and peaceful country—Will you look out for a handsome spot for me, five or six miles from St. Louis, of 1000 acres more or less, rich, well timbered, and laying well for cultivation, with excellent water and a mill seat?—I shall want such a spot—Will you have the goodness to look for one without speaking—and if a bargain presents, you may make in your own name a provisional contract, to be off or on in six months. Pardon the freedom I take with, and the trouble I offer you. With esteem and respect, Your obedient servant, JS. WILKINSON. April 5, 1807.
Col. Meigs's certificate. Richmond, September 23, 1807. I certify, that at Richmond, during the trial of col. Burr, for treason, Maj. James Bruff informed me that he was attending as a witness for col. Burr, for which he was sorry. That L. Martin had promised him, if he would attend as a witness, he, Martin, would expose the character of General Wilkinson, by introducing into court, a certain letter written by General Wilkinson to Aaron Burr—which letter colonel Burr had declined submitting to the Grand Jury—and that Mr. Martin declared that he would last General Wilkinson into tortures; and upon those promises he came. (Signed) R. J. MEIGS, Junior.
To His Excellency THOMAS JEFFERSON, PRESIDENT OF THE UNITED STATES. SIR,
It does not comport with the pride of a soldier, tacitly to behold his general assailed by unmerited calumny; or to suffer the veteran with whom we have run a long course of hardships and perils, to fall a victim to undeserved calumny. The spirit of a soldier revolts against such apathy and every man of sensibility would condemn such cold-heartedness.
We mean not to offend by this offering of a just tribute to merit; nor to derogate from the worth of the living or the dead by those expressions of our sentiments.
We have seen with horror, and have felt with indignation, the various attempts which have been made to blast the character of General James Wilkinson—some of us have served under his command twelve years, and have followed him from Canada to Florida; and all have been habituated to his command for many years, during which period, we have seen him encountering almost every vicissitude to which active military life is incited—Generous, benevolent and humane—his heart, his hand and his purse are ever open, and ready to succour distress and relieve misfortune; hardy, enterprising, daring and brave, he encounters obstacles with alacrity; and is most exalted when pressed by difficulties. The ice, frost and wintry blasts of the North, the arid sands and burning sun of the South, wild mountains and morasses, present no impediments to his course, where duty calls: Ready to take the lead in every extremity, he never excels from others what he is not willing

himself to perform—Daring, yet vigilant and cautious, he is provided in warding dangers & resourceful in mastering them.
Let him be judged by his orders and arrangements, and military men will honor his principles and practices; in his discipline, exact in his police, and indefatigable in every branch of service. He delights to comfort and cherish the sick soldier, and pays a secret respect to the laws of his country, and the rights of his fellow-citizens, of which numerous instances could be quoted.
With him for a leader, we shall neither fear danger nor foresee difficulties, but shall march to battle with the assurance of victory.
The Subscribers, composing the whole of the officers present at the Cantonment and St. Louis, would fain testify to the fact that the officers who did not believe; or professed that they did not believe; and with these sentiments, they hesitate not to declare that they have offered the opinions of every man of honor who carries the sword of the U. S. State.
Signed by Thos Hunt, Col. V. R. Inf'y. Thos. Cushing, L. Col. Adj. & Ins. Army. Jacob Kingbury, L. Col. V. R. Inf'y. B. Lockwood, Capt. V. R. Inf'y. Elijah Strong, Captain V. R. Inf'y. Daniel Bissell, Captain V. R. Inf'y. James Richmond, Captain V. R. Inf'y. James B. Mott, Captain Artillery. Geo. A. Peters, Lt. Col. Art'y. Clarence Mulford, Lt. Art'y. William Carlson, Lt. Col. V. R. Inf'y. A. Whitlock, Lt. Col. Inf'y. William Richardson, 2d Lt. & A. V. R. Inf'y. Joseph Kimble, Lt. Adj't. William King, Surgeon's Mate. I. Sangrafs, Surgeon's Mate. John H. Robinson, Adj. Surg. Mate.
WEDNESDAY, October 7.
Mr. McRae requested, that on account of the extreme indisposition of one of Mr. Wirt's children, which prevented him from attending, the court might be adjourned till to-morrow. Independently of this circumstance, Gen. Wilkinson, whose feelings had been severely wounded by the testimony of a witness yesterday, was in the course of preparation to remove those unjust imputations. He hoped that no objection would be made to the adjournment. Mr. Hay said, that by an arrangement of the counsel of the United States, the principal part of the reply would devolve upon Mr. Wirt. It was there-fore important that he should be present, to know what ground had been occupied by the counsel who preceded him. He did not expect any inconvenience would result from the proposed adjournment; and hoped it would not be opposed. The adjournment was opposed by Col. Burr, who stated that one of his counsel had been placed in the same situation as Mr. Wirt, and no indulgence was asked of the court on that account. He also mentioned that the court had, at his own request, proceeded with the examination when he was not present, and he was entitled to be present. The Chief Justice, after hearing an explanation from Major Bruff, about that part of his testimony respecting his daily attendance for orders, and going through the examination of John Brackenbrough and Joseph C. Cabell, Esquires, two of the members of the Grand Jury, adjourned till to-morrow.
Major Bruff, begged leave to correct an error in part of his evidence given yesterday, in a point not material. This respected his attendance at the office of General Wilkinson every day. After his remark about Cold Water, and his saying that should he discover plans and measures which put to hazard the peace and safety of the United States, he would not keep silence the consequence what it might. General Wilkinson was not visible to him for several days. Other officers attended, said Major Bruff, but I was not admitted to his presence. I wrote to the General and received an answer, which I have not here. It however stated that I should receive such attention as my conduct and rank entitled me to.
John Brackenbrough and Joseph C. Cabell, members of the Grand Jury, were called by Col. Burr.
Col. Burr. I will ask you both, gentlemen, whether Gen. Wilkinson, before the Grand Jury, acknowledged that in any of his letters he had used the words, "he was ready?" Mr. Brackenbrough. I recollect that Gen. Wilkinson acknowledged that, in the winter 1805-6, he had written to you several letters, in one of which he used the expression "he was ready to take the bread out of your mouth." I shall be "ready before you." He affirmed as a reason for writing such a letter, his wish to draw from you a full disclosure of your project; if it should be correct and patriotic, that he might unite in it; if improper, that he might reject it. I asked Gen. Wilkinson whether he had written the letter "put-marked 19th of May." He said that he did not recollect, but that it was possible he might have written some note about that time. Col. Burr. What period was assigned to that letter containing the expression just quoted? A. The winter of 1805-6, or the following spring.
Mr. Cabell being requested by Col. Burr to state his recollection of the evidence of Gen. Wilkinson as to the points above mentioned, proceeded in substance as follows: Gen. Wilkinson had stated, that he had had an interview with you at St. Louis, at which you mentioned a grand project; but that you did not enter into particulars. He remarked that he had made some enquiries as to the nature of the enterprise; but you observed it was unnecessary to enter into particulars, for it was possible it might never be carried into effect. After Col. Burr left St. Louis, Gen. Wilkinson remarked that he had revolved in his mind the conversation which had passed between him and Col. Burr, when he spoke of a western enterprise; and concluded that an attack on Mexico was contemplated, which was to be carried on by the aid of a British fleet through the gulf of Mexico. That he had written several letters or notes to Col. Burr, with a view to ascertain his real design, between the time of their interview at St. Louis, and the commencement of the following summer; but did not appear to be positive as to the number or nature of those letters. But he remarked, that his object was to draw from Col. Burr a disclosure of the nature of the enterprise; if it were proper, that he might participate in it; if not, that he might communicate the information to the government. Gen. Wilkinson, on being interrogated, as to the contents of his letters, said that he could not recollect precisely their terms, and but only two expressions which he had used in one of them; "I have taken the bread out of your mouth; I shall be ready for the grand enterprise before you are." I must repeat that Gen. Wilkinson did not appear to be positive as to the date or number or contents of those letters; but only as to these two expressions.
With respect to the letter "put-marked 19th May," Gen. Wilkinson, on being interrogated, was not positive whether he had written it; but said he believed he had.
Mr. Wilkinson. Do you recollect whether Gen. Wilkinson produced a copy which he said was a true copy of the cyphered letter? A. I
do not recollect. I recollect Gen. Wilkinson tendered a copy. Mr. Wickham to Mr. Brackenbrough. Do you recollect whether Gen. Wilkinson produced any fair copy of the cyphered letter to the Grand Jury? A. I recollect that we had a newspaper in which it was published; and as we deciphered the original, we often compared our translation with that copy, and found some variations. Mr. Hay. Have you a copy of the cyphered letter, as translated by the Grand Jury? A. I have. Mr. Wickham stated that there were material and essential variations between the translation made by the Grand Jury and that published.
Mr. Cabell said, he begged leave to observe that Gen. Wilkinson was one of fifty witnesses examined by the Grand Jury; that his examination took up four days, and that such circumstances only were treasured up as were deemed material. Mr. McRae. Have you attended to the examination of Gen. Wilkinson before the Judge? Will you state whether his testimony corresponded with that delivered before the Grand Jury? A. That is a very extensive question; and one which it is impossible to answer. During the examination of Gen. Wilkinson before the Judge, my attention was often called off, and therefore I cannot pretend to say whether his testimony throughout corresponded with that delivered before the Grand Jury. If you will state any particular part of his testimony, I will endeavour to recollect whether it corresponded.
In general, as far as I have attended to the evidence of Gen. Wilkinson given before the Judge, the narrative is very much the same with that delivered before the Grand Jury; with some slight variations. For instance, I understood Gen. Wilkinson said before the court, that but one letter passed between him and Col. Burr, from the time of their interview at St. Louis, till the commencement of the next summer; before the Grand Jury I understood him to have said some letters or notes.
The circumstance of the packet being slipped from the side pocket of Mr. Swartwout and thrust into the hands of Gen. Wilkinson in the absence of Col. Cushing at the interview at Natchitoches, was mentioned by the General to the Grand Jury; if the fame was not stated in court, as I have understood, that makes another variance. Mr. McRae. It was mentioned to the court by General Wilkinson. Mr. Cabell. Then, Sir, I read corrected. I have already said that I could not pretend to an accurate recollection of all Gen. Wilkinson's testimony before the court.
Mr. Wickham to Mr. Brackenbrough. Do you recollect any variance between the evidence of Mr. Swartwout and Gen. Wilkinson? A. As to the delivery of the letter from Col. Burr, there is no material variance; but in the details of their conversation there was a very important one.
Here some desultory conversation took place between the counsel on both sides and the court, on the subject of Mr. Tazewell's reply to the question propounded to Dr. Brackenbrough. The counsel for the prosecution and the Chief Justice disagreed in their notes.
Mr. Wickham asked Mr. Cabell the same general question. Mr. Cabell answered, that the statement of Mr. Tazewell had appeared to him very plain, and correct, and had been delivered with his usual ability. Being called on to state how far Gen. Wilkinson and Mr. Swartwout agreed in their testimony before the Grand Jury, in relation to their conversations at Natchitoches, I must say, that they coincided in some respects, and differed in others. The material variance is this. Swartwout most positively denied that he had made any criminal communications whatever; and denied his having said anything about seizing. According to Gen. Wilkinson, the communications of Swartwout were criminal; according to Mr. Swartwout they were innocent and honourable.
As I have spoken in such high terms of Mr. Tazewell's statement, I must beg leave to except from that sentiment, the inference which was drawn from the manner in which Mr. Swartwout delivered his testimony before the Grand Jury. The manner of Mr. Swartwout was certainly that of conscious innocence. But there is other testimony in the case. I refuse to suspend my opinion of characters till this investigation shall have terminated.
THURSDAY, October 8.
Gen. Wilkinson in explanation of Major Bruff's testimony.
Mr. Hay said he was ready to go on with the argument of the cause; but would not do it unless directed by the court. An attack had been made on General Wilkinson by Major Bruff, which it was the right and the duty of the long and labored narrative of Major Bruff was testimony applicable to the case before the court. But having made such serious charges against General Wilkinson, justice requires that the General should be heard in explanation.
General Wilkinson. I have several matters to submit to the court which have been brought to my recollection by the occurrences of yesterday and the day before.
Grand Jury have been brought forward to contrast my evidence before that body with what I have said here—in the wide range of testimony which has been permitted, a witness may be readily misconceived by others or misunderstood himself. In the case of Mr. Tazewell, your Honour's sense of his testimony, was in direct opposition to that of Mr. Burr's counsel; and in the case of Mr. Cabell, one of the most correct men in the world, he had misconceived, or didn't understand me respecting the mode in which Swartwout delivered Mr. Burr's letter to me. It is with deep regret I trespass on the time of the court, but when every art is employed and witnesses are raked and scraped from every quarter to ripen the most treacherous transactions of my life, to assist my credibility, to wound my fame and rob me of my reputation, (Here Mr. Wickham interrupted General Wilkinson, and said he must object to the course which he was about to pursue. General Wilkinson stands here on the same ground as any other witness. Let his explanations apply to his evidence, but not let him go into other subjects. Mr. McRae hoped that the same indulgence which had been extended to others would be granted to General Wilkinson. It will be recollected with what patience their witness, Major Bruff had been heard for six hours, while he was merely indulging himself in the carriage of General Wilkinson's reputation; General Wilkinson who had been listening with the most exemplary patience, now comes forward to explain, and in the midst of a very short and respectful exordium, he is interrupted by the counsel on the other side. The Chief Justice said that there could be no doubt of the disposition of the court to hear as full an explanation as General Wilkinson might please to make; but he being merely in the character of a witness, would confine himself to a narrative of facts, and resort to argument as little as possible. Mr. Hay hoped that something of argument would be permitted. General Wilkinson had been afforded vitally, intentionally, and deliberately by Major Bruff; and his explanations could not be so well understood unless he should, in some instances, resort to argument. The General resumed;—When I was first brought before the
court, it was my intention to have commenced with Mr. Burr at Washington, and to have traced him step by step from his passage of the mountains until his return—But I was confined to such facts as were deemed immediately relevant to the question before the court, and therefore I commenced with the reception of his letter at Natchitoches.
I now, Sir, find myself obliged to adopt this course in order to explain certain observations, which have come from the Grand Jurors, and also the innuendoes and insinuations of the witness Major Bruff; who having charged me with a sinister connexion with Mr. Burr, has travelled from Washington to St. Louis to find matter for justification of the imputation—He has laid some stress on the interest which he says was made (by Mr. Burr and his friends) to procure me the Government of Louisiana. I am under no obligation to explain how I procured that Government; if I were, I could say it had been tendered to me by the President, two months before they had any idea of the circumstance.
I am charged with having invited Colonel Burr to the Western country—Herein I have been misunderstood, for the thing is not so—A few days after Col. Burr descended from the Vice-Presidential Chair, an inquiry was made by me, as to the course he intended to pursue, and he told me he intended to visit New Orleans, and I remember his very words were "I have a few thousand dollars left and I will not go to work until they are spent." I was solicitous to see him reinstalled in the councils of his country, and speaking to the Hon. John Pownall then a member of Congress on the subject, he informed me that Mr. M c Lean had suggested the idea of Burr's going to Tennessee, to procure his election to a seat in congress, as residence was not a necessary qualification to election in that state, and requested me to speak to Burr on the subject; I did so, and I think he said it was a luminous idea, appeared to be delighted with the plan, and in concert with Mr. Fowler and Mr. Lyon, I then understood and have since been assured by the former who is now in town, the plan was digested without my presence or participation at any interview.
Mr. Burr soon after proceeded to Philadelphia; he wrote me on the 26th March, requesting a letter of introduction to Gen. Adair and informing me he should set out for the Western Country about the 10th of April. The next letter I received from him was at Pittsburgh, dated the 30th of April, in which he tells me he should fail that day for the Lower Country and is sorry he could not see me. At Louisville I received a third letter from him dated the 19th May, in which he deeply regrets he could not see me there, and begs me to forward the letters of introduction I had promised him for N. Orleans, after him to that city. He proceeded from Louisville to Frankfort, and I am authorized to say did there apply to John Brown, Esq. to aid him in his proposed election in Tennessee and to that end requested letters from Mr. Brown to his friends there. He then proceeded to Nashville, where it appears he remained beyond his calculation. I feel down the river to Massie, where Col. B. arrived on the 8th of June, and instead of spending several days in giving me lessons on Government, and preparing a new Code or Constitution for Louisiana, he the next day prosecuted his voyage for New Orleans, in company with several officers of the army, who had been ordered to that city on a General Court Martial, and it will be proven that I furnished him neither barge nor crew.
I heard no more of Mr. B. until the 30th July, when I received a letter from him at the crossings of the Tennessee river, in which he informed me he was on his way to Lexington, and hoped to be with me at St. Louis about the 1st of Sept.—He arrived at St. Louis on the 11th of that month in the evening, expressed a wish to visit St. Charles, and I accompanied him in his route to the Cantonment of the troops, about 11 miles distance, from whence he proceeded without me, crossed the Mississippi to St. Charles, from thence passed over Portage des Sioux to the Mississippi and descended that river in a canoe to St. Louis. I think it was in our ride to the Cantonment that Mr. B. speaking of the imbecility of the Government, he said it would moulder to pieces, die a natural death, or words to that effect, adding that the people of the Western Country were ready for revolt—To this I recollected replying, that if he had not profited more by his journey in other respects, he had better have remained at Washington or Philadelphia—For surely said I "my friend, no person was ever more mistaken!—The Western people dissatisfied to the Government!—They are bigotted to Jefferson and Democracy!" And the conversation dropped. Mr. Burr, I think on the same ride, spoke to me of purchasing an estate in that country, observing he had received advice of a sum of money which he should receive on his return to the Eastward, and asked me if I would resign my government to him, in the course of the winter, if he should desire it. This I rejected on account of the emolument which was 2000 dols. per annum (for I was disgusted with the government,) and he offered to indemnify me.
Nothing particular passed between us after this, until the afternoon before his departure, which was on the 19th of Sept. in the morning. He informed me that he wished to have some conversation with me, and I invited him to my house for the purpose.—In the course of this interview, he asked me "whether I could be content to vegetate or moulder in that damned government," meaning the gov't of Louisiana.—I expressed my satisfaction with the situation, observing that "I was making arrangements to retire to private life, that I was tired of the erratic life I had long led, and that the delicate situation of my wife, to whom I owed more than I could render, made it necessary." After some pause, he asked me if my energies and enterprise were lost or dead—to which I replied, that my energies and enterprise had profited me through life little else than to expose me to perils and hardships.—He then observed, "but suppose some grand enterprise should present which would lead direct to fame & fortune?" To this I replied with indifference at first, remarking that I had been so long looking in vain for something of the kind, that I had given up the expectation; but added after a short pause, that if the government should think proper to direct any thing of the kind, he would not, but that my energies or enterprise were lost—"Surely" replied he, "under the authority of the government," and naming a minister, asked me if an order from him would satisfy me, to which I answered, that an order from any minister was obligatory on me, as they were all organs of the Presidential will.—Well I said he, such a measure has been thought of, but it is unnecessary to go into the details of a project which may never be carried into effect, and I replied, that I had no curiosity to hear—and here you have as much of his designs as I possessed.
It has been observed, that I have said I had no idea of any project of Col. B. before the receipt of his letter by Swartwout.—This is deny—I have said I had no idea of any illicit design, such as would subject him to legal penalty or legal obfuscation. Between the period of Mr. Burr's leaving St. Louis and May, 1806, I received six letters from him; I have said that those letters
blended matter of fact with matters of opinion. I have considered those letters confidential; they were to receive it, and I will not expose them to the full extent, without Col. Burr's permission, but I have said that permission I will now give.—I have asked it and do again ask it. Those letters were of an ambiguous aspect, speaking of some enterprise, without designating any, and were calculated to inculpate me, should they be exposed. I have said I made a communication to a public minister, the Secretary of the Navy to the following effect: "Burr is about something, but whether internal or external, I cannot discover;" it has been made a question how I could, feeling the friendship I professed for Col. Burr, make such a communication when unapprized of any criminal intention, and I reply that I justify it from a sense of public duty, paramount to all other obligations; from the considerations, that if Mr. Burr intended no harm, the communication could do him none, as it was confidential, and on the ground of self-security against events. (Gen. Wilkinson's evidence to be continued.)
Congress.
HOUSE OF REPRESENTATIVES, FRIDAY, October 20.
The following gentlemen have been named on the select committees, agreed to be appointed by the resolutions moved by Mr. Dawson yesterday.
On the committee relative to military and naval establishments:—Messrs. Dawson, Helms, Rea, (Pens.) Butler, Van Cortlandt, Champion and Storer.
On the committee relative to aggression committed within our ports and waters by foreign armed vessels:—Messrs. Blount, Chandler, Burwell, Goodborough, Riker, Troup and Withers.
On the committee relative to enterprises against the public peace:—Messrs. Randolph, Blackledge, Lloyd, Quincey, Hoge, Masters, and Wilbour.
On the committee relative to our intercourse with Indian tribes:—Messrs. Cook, Bibb, Sloan, Deha, Harris.
The following gentlemen were named on the committee respecting the Post-Office and post roads:—Messrs. Rhea, (Tenn.) Kenan, Southard, Verplanck, Green, Carlton, Chittenden, Davenport, Knight, Whitehill, Trigg, Pugh, W. Alston, Cobb, Vanhorne, Worrown, (Ohio) Howard. Mr. Rhea (T.) moved the following resolution, which was adopted—and with a similar one passed yesterday, was ordered to be printed:
Resolved, That the committee on public lands do enquire into the expediency of laying off and defining by certain metes and bounds, a tract of country to which there is no existing Indian title, within the limits of the territory of Orleans, and to include all the settlements on the west side of the river Mississippi within the said territory; and of having the said tract of country laid off into townships, sections, half and quarter sections agreeably to the several laws heretofore made for surveying the public lands of the U. States, and also to enquire into the expediency of granting one quarter of a section to every free white person who now resides thereon, or who will within—years actually improve and reside thereon.
Mr. Van Cortlandt presented the petition of Joshua Barney, of Baltimore, complaining of the undue election of Mr. MacCreery, and praying that his seat be vacated.
Referred to the committee of elections.
Mr. MacCreery moved that the petition of the inspectors of the port of Baltimore, praying for an increase of salary, presented at a former session, be now referred to the committee of ways and means. Agreed to.
Mr. DeFeba presented the petition of Judas Levy, a soldier in the revolutionary war, praying, on account of his disabled situation, for an increase of his pension. This petition, with the documents accompanying it, was referred to the Secretary of War.
On motion, a committee was appointed to prepare such rules and orders of proceeding as are necessary to be observed in this House. The committee consists of the following gentlemen:—Messrs. Winn, Gray, John Campbell, Brown, and Gardner.
On motion of Mr. Findley, the House proceeded to the Election of a Chaplain on their part, for which appointment he nominated Mr. Laurie.
The Rev. Obadiah B. Brown was also nominated.
Messrs. Barker, Burt and Sloan were appointed tellers; and having counted out the votes, reported, that 109 votes were given, and the Rev. Mr. Brown having 57, was declared to be duly elected.
Mr. Quincy moved that the petitions of Edward Wells and Samuel Beecher, presented at a former session, original subscribers to the funded debt of the U. S. who had lost their certificates, and praying relief, should be referred to the committee of Ways and Means. Agreed to.
On motion of Mr. W. Alston, the communication from Mr. Latrobe, received yesterday, was referred to the committee appointed to prepare rules and orders of the House.
Adjourned till Monday 11 o'clock.
The following are the Yeas and Nays on the motion to appoint the Standing Committees of the House by ballot.
YEAS.—Messrs. Bassett, Bibb, Blount, Boyle, Campbell, Cobb, Dawson, Deha, Elliot, Eppes, Franklin, Garnett, Goodwyn, Gray, Lloyd, Randolph, Riker, Sawyer, Seaver, J. K. Smith, John Smith, Stanford, Van Horne, Wilbour.—24.
NAYS.—Messrs. Alexander, L. J. Alston, W. Alston, Burt, Barker, Blake, Brown, Burwell, Butler, Calhoun, Carlton, Champion, Chandler, Chittenden, Clopton, Cook, Culpeper, Cutts, Dana, Darby, Davenport, Deane, Durell, Ely, Findley, Fisk, Gardner, Goldborough, Green, Harris, Heister, Helms, Holmes, Howard, Humphreys, Husey, Jenkins, Johnson, Kelly, Kirkpatrick, Knight, Lambert, Lewis, Masters, M c Creery, Milner, D. Montgomery, J. Montgomery, N. R. Moore, T. Moore, Jer. Morrow, John Morrow, Mosely, Newbold, Newton, Paton, Porter, Pugh, Quincy, Rea, Rhea, M c Richards, Russell, Sloan, Smith, Smither, S. Smith, Southard, Stedman, Storer, Sturges, Swain, Taggart, Tallmadge, Taylor, Thomas, Thompson, Troup, Upham, Van Allen, Van Cortlandt, Van Rensselaer, Verplanck, Wharton, Whitehill, D. R. Williams, Weatherall.—37.
The following document accompanied the President's Message. The Spanish Decree likewise accompanied. But having been long since printed in this paper it is not republished.
Note communicated by Lord Howick to Mr. Monroe, dated January 10th, 1807.
The undersigned, his Majesty's principal secretary of state for foreign affairs, has received his Majesty's commands to acquaint Mr. Monroe, that the French government, having issued certain orders, which, in violation of the usages of war, purport to prohibit the commerce of all neutral nations with his Majesty's do-
minions, and also to seize such nations from their produce, or manufactures to his Majesty's dominions; and the said government have also taken measures to declare all their Majesty's dominions in a state of blockade, at a time when the fleets of France and her allies, are themselves confined within their ports, by the superior valor and discipline of the British navy.
Such attempts on the part of the enemy, giving his Majesty an unquestionable right of retaliation, and warranting his Majesty in enforcing the same prohibition of all commerce with France, which first power vainly hopes to effect against the commerce of his Majesty's subjects, a prohibition which the superiority of his Majesty's naval forces might enable him to support, by a speedy invading the ports and coasts of the enemy with numerous squadrons and cruisers, so as to make the entrance or approach thereto manifestly dangerous.
His Majesty, though unwilling to follow the example of his enemies by proceeding to an extremity so distressing to all nations not engaged in the war, and carrying on their accustomed trade; yet feels himself bound by a due regard to the just defence of the rights and interests of his people not to suffer such measures to be taken by the enemy, without taking some steps on his part, to restrain this violence, and to restore upon the basis of their own injustice. Mr. Monroe is therefore requested to apprise the American consuls and merchants residing in England, that his Majesty has therefore judged it expedient to order that no vessel shall be permitted to trade from one port to another, both which ports shall belong to, or be in possession of France or her allies, or shall be far under their controul that British vessels may not freely trade thereat; and that the commanders of his Majesty's ships of war and privateers, have been instructed to warn every neutral vessel coming from any such port, and destined to another such port to discontinue her voyage, and not to proceed to any such port; and every vessel, after being so warned, or any vessel coming from any such port, after a reasonable time shall have been afforded for receiving information of this his Majesty's order, which shall be found proceeding to another such port, shall be captured & brought in, and together with her cargo shall be condemned as lawful prize; and that from this time all the measures authorized by the law of nations, and the respective treaties between his Majesty and the different neutral powers will be adopted and executed, with respect to vessels attempting to violate the said order after this notice. (Signed) HOWICK. Downing Street, Jan. 10, 1807.
THE PRESENT CRISIS.
We do not often venture to lay the result of our own observations before our readers. Our general plan is to furnish them with facts without partiality and without distortion, and thus to enable them to draw their own conclusions.
We have an awful duty to perform to the public. We have an awful interest in the state of affairs; our private interests, our very existence, is at stake. The latter interest merges into the former; we cannot feel for ourselves, without embracing the fate of our countrymen. The prospect is uniformly gloomy; that we can with difficulty distinguish the different faces of the darkness. Yet we will survey the scene, in hopes of discovering a few fresh of light.
What we had feared is arrived. The genius of Bonaparte has triumphed. Having, by the torpedo of his power, lulled Russia into a state of inactivity, he will cope her into a temporary peace, by speedy promises of mutual advantages, until he has achieved the command of the continent of Europe. His rival object will be to reduce Austria into a perfect vassal with Prussia, Poland, Saxony, Westphalia and Bavaria; to unite them in a league which will be pledged to call the German confederacy; to add Sweden, Pomerania and Denmark to this league of subject states; to force Turkey to become one of the ranks of this imperial circle; then to declare himself emperor of France and Germany, or by way of simplification, emperor of the West. It will then be perfectly indifferent to him, when what eye Russia views his greatness—if the result, he will make one conquest the step to another; and leave the mighty emperor of all the Russias no choice but submission.
With respect to this country, he must take more time. The conquest of Britain is not the passage of the Rhine. He will proceed by regular steps. He will that the Baltic against us. This is, we are assured, the price of his forbearance respecting Riga. That place he pretended to consider as the northerly boundary of his empire. We have more than once hinted our doubts of the perseverance of Alexander in an alliance with this country. We know that Bonaparte had succeeded in detaching Paul from us by a tempting offer of a share of the spoils of Turkey. Our readers may recollect that we have hinted the possibility of a reversal of a similar confederacy. The historian will record, that Russia has generally suffered the war on the side opposite to that on which she began it. She will require from us the admission of the neutral claims as the price of a continuance of a commercial connection.
In the mean time Bonaparte will encrease his efforts in Ireland. He will profit by our divisions. Our exclusion of the catholics from places of trust in the army and navy is to him a great point. He has through the eyes of the clear sighted Talleyrand, who is completely versed in the knowledge of human nature. Since the late events respecting Ireland, he has drawn closer the bands which united him with the catholics of that country. Even his bishops have been enjoined to offer prayers for their suffering catholic brethren in Ireland. He knows that we refuse to conciliate them, and he thinks that he can make them his own.
But with these co-operating advantages, he cannot invade Ireland without a concurrence of favorable circumstances, which cannot easily be realized while his maritime inferiority remains. To raise his navy will, therefore, be his great object. We commonly hear it said that in 20 years he cannot rival us. This is one of those silly sayings, which, once uttered by a man of confident assertion, are caught and echoed by the shallow and unthinking. With all the harbors of this continent in his possession, from the Baltic to the Black Sea, with all the forests in Europe at his command, he may in two years have a fleet equal to ours. Should he obtain the alliance of Russia, this will be an early achievement. At present he may reckon the fleets of Turkey, Italy, Spain, Holland and Denmark. But it is said, he cannot form a fleet so soon as he can equip fleets. This we deny, as a position equally unfounded as the former. That extent of coast must furnish seamen. They will indeed be of different nations and speak different languages. But we will appeal to any officer of a ship of the line in our service, whether he has not often heard every language except English, spoken on the main deck? We have hundreds of Frenchmen in our service, who are as steady as British seamen. And may not Bonaparte by those means, of which we have ample a brain, obtain that mastery, but effective length? Let him but call in his privateers, and he will find a sturdy band of resolute men to man a powerful fleet. Above all, let him make peace with this country, almost on any terms, and he becomes the monarch of the sea.
But his views are not bounded by the British horizon. America is grasped by his comprehensive ken. We have often mentioned it. He finds the embers of a dispute between America and Spain respecting Louisiana. As soon as he has quieted this country, he will examine the subject of the dispute, and find that the right is on the side of Spain.
He will assist her in the recovery of Louisiana, which he will afterwards receive from her, in exchange for some part of Portugal. Once established on the back of the American States, he will pour his armies into that continent, and avoid the errors of generals Bugey, Howe, and Clinton.
Bonaparte must become master of the continental territories of Denmark, and on being but an anticipation of his plan could prevent his losing upon Copenhagen; or what is the same, including it in the German confederacy, and thus shutting the Sound against us.
One great advantage to us we derive from the late success of our foe—that we shall never again hear of Hanover as a restitution, in the scale of natural self.

ons. All parties unite in this idea: Cobbe, Red-head, the Morning Post, and the Morning Chronicle. I know not how it may be given to Spain; but I am sure that it may be given to Spain; for that our country, that he, who smiles on the shattered fragment of a rock, or the rotten corner of a plank, for the recovery of a treasure in the present state of the continent, has not an atom of British feeling in his heart.
NEW-YORK, Oct. 21. A few days before captain Murray left Barbadoes, a British Packet brought into that port a French privateer of 7 guns and 93 men, captured after an action of three hours continuance, in which the Packet lost ten men, and the privateer had 66 killed or wounded.
PHILADELPHIA, Oct. 21. Yesterday arrived brig Ariel, from Bristol—A passenger on board brought a Bristol paper of the 12th of Sept. containing London articles to the 10th, but it falling into the hands of the owners, they were unwilling to oblige us with it—however, from a hasty perusal of it on board the brig, we could not find that it contained any news from the Continent or Copenhagen, later than already given, or any one article of importance, unless the mention of an expedition fitting out from England, to take possession of Madeira—may be so. True Amer.
SHIPS, COLONIES, COMMERCE.
The affairs of the world are now ours; because the current of worldly affairs has taken such a course as to leave us no choice between playing the part in swimming against it—or going along with it innocently and gaily and triumphantly.
Every event in political transactions in modern times, is forecast by a phrase, or anticipated by a bon mot or an epigram—What a volume was contained in the sentiment, that nothing in the present, should resemble the preceding century!—It was at Balaclava taken as a bold saying, a figure of rhetoric, and it is already matter of history—and bye and bye it will be history together.
Who can forget the offers made to the king of Prussia before the battle of Jena—and the bon mot that was produced by the casual reply of the king of Prussia—"We shall reply to this letter in a month in Berlin." Who can forget the conduct of the Swedish monarch at Smolensk—that Smolensk is now a French fortress on the Baltic.
Who can forget British indemnity for the past and security for the future—what a satire on human folly is the tenacity of Britain now!
About ten or twelve months ago we ventured to suggest that Bonaparte would find resources for ships, colonies and commerce in the West Indies, and on the shores of the Euxine. We gave our readers a series of essays on the commerce of the Levant, and promised another series on the commerce of the Euxine—the active interference of Russia in the war—the temporary success of the British minister, Arthur, at Constantinople—and the occupation of Malta by the British, deprived us of a principal part of the motive for this examination, because the mass of readers do not derive so much gratification from the contemplation of speculations that are remote in their accomplishment, as they do from the examination of events that are in the course of existence. The French are now, in fact, in the Euxine, and allied with Russia—and we may take up the speculation with more advantage in the course of the winter than we could at any period previous to the battle of Friedland—but we shall just observe here, on a passing, that by the battle of Friedland, France obtained the most ample resources for sea—that naval stores—that are to be found on earth, by opening the Euxine.
Since that period also, Dalmatia and the whole coast and harbors of Greece are opened to France. The fortresses of Macedon and Mistras—the Cedars of Lebanon and the Oaks of the Borythenes, the timber and the tar, the turpentine and the hemp of Crim Tartary are opened to her arsenals.
May we without irritating those who never foretell forces, and we might add never understand anything—may we refer to another case in which we ventured to anticipate as probable, but now is about to become reality.
It is notorious that the discipline of the Spanish navy is beyond all comparison bad—in the art of building they have no superiors. Spanish water and Spanish timber have never been doubtful as they concern the nation. But the ability of the nation has become such both in military and naval affairs, that new genius is required to revive their ancient character for enterprise and achievement.
We ventured to forecast ten or twelve months ago that with a view to the acquisition of ships, colonies and commerce, Bonaparte would endeavor to into into the Spanish nation the same spirit by which he has enabled France to electrify the world, and that Portugal would probably be given to the Spanish monarch by exchange for that southern border of the Bay of Biscay, which extends from Bayonne to Irun.
It now appears that this is on the top, and that the ancient kingdom in the west of the western empire, may be filled up with the name of Navarra . It is now probable that the Spanish provinces of Catalonia from the mouth of the river Ebro, will be formed into this new kingdom, under an old title with alterations, Navarra, Aragon , north of the Ebro, and Catalonia to the mouth of the same river will be ceded by Spain in exchange for Portugal.
These collisions in relation to the great scheme of ships, colonies and commerce are of the greatest consequence. On the Mediterranean—she gives Barcelona, Tortosa and Marrocos; and that hardy race of men whose character is the same as their neighbors of Rouillon.
On the Atlantic the acquisition is immense, it gives to the western Empire Bay on the Minho, the important and defensible position of Vigo, the ports of Oria, Escobal, Villa Major, and Muros, Finisterre, Dan, Coruna, Ferrol, and Ortegai, Bures, St. Julian and Aviles, Villa, Vionda, St. Andreo, Sanil, Santa, and Ribadavia, and the fine ports of Hontana, Deva, St. Sebastian and Bartzarica.
By the possession of the coast from St. Jean de Luz to Vigo—Cape Clear in Ireland and Cape Finisterre in Galicia, both in 8 degrees west longitude from Paris, becomes the usual expanse of the great Bay of Biscay. But the occupation is not so much the point as the advantage; by the occupation of this coast the equipment and the dispatch of fleets are both rendered facile, and less subject to be affected by weather, at the same time that they multiply the means of building, equipping and manning of fleets.
These territories, whether in superficial extent or population are about equal; but the provinces of the new kingdom are incomparably best for the purpose of naval equipment and commerce.
We entertain no doubt that such a disposition is to be made—because it rises out of the very necessities into which France has been forced—it is with her and England who shall be lady of the sea .— Power of Carthage—Aurora.
The editor of the Aurora asserts that Jenkins' Redoubt, under which none one of the men of the present age has ever heard of the Chesapeake Bay, by Humphreys was hung at Halifax not long ago, is now residing in the State of Pennsylvania.
Considerable remittances have been recently made to the United States from England, for the purchase of pitch, tar, turpentine, rosin, hemp, canvas, furniture, pine boards and spars, masts and yards! Aurora.
Jonathan Robinson, Esq. is elected a Senator in Congress from Vermont, in the place of Israel Smith vacated of that place.
NORFOLK, October 26. Orders, we understand, have been sent from the war department, to the different military posts of the United States, directing that all deserters from the service of foreign nations shall be forthwith discharged. At this port several have been discharged; they were mostly if not all British. This has been considered as indicative of a specific disposition by some; unless we know more of the matter, we shall offer no opinion upon the subject. It is, however, to be inferred, that our government is persuaded that the employment of deserters from other services, is either impolitic on our part or illegal, as respecting the rights of other nations. If it is impolitic in the land service, it is more so in our naval service, because the means of becoming treacherous in the latter are more easy, and would be more ruinous to the service. The legality or justice would be alike in either case. (Lodge.)
October 28. The French ship Patriot has left the Patuxent on her way down.
CURSORY REFLECTIONS.
PORTRAIT OF THE CHIEF JUSTICE. No. III.
"You will be enabled to judge whether the defect was in the testimony, in the law, or in the administration of the law; and wherever it shall be found, the legislature alone can apply or originate the remedy. The framers of our constitution certainly supposed they had guarded, as well their government against destruction by treason, as their citizens against oppression under pretence of law; and if these ends are not attained, it is of importance to enquire by what means more effectually, they may be secured."
President's Address, October 27, 1807. The President has laid no more in this paper, than it has been his duty to avow. He has laid the necessary documents before Congress; and pointed out the enquiries to which they should turn their legislative attention. If Burr was acquitted from any defect in the testimony , it was to much the better for him; if from a defect in the law, let the law be amended; if from the administration of the law , let the nation understand it, and if necessary, let the judge be impeached. It is perhaps impossible for any man, unless he have a law library in his head and out of it, to do adequate justice to the learned proceedings as the late trial. We have neither the one nor the other; nor shall we present, in the following hasty reflections to offer any other remarks than such as may strike the most superficial observer.
The conduct of the Chief Justice during this trial may naturally divide itself into two enquiries: his general deportment as a judge, and his legal decisions. The first is perhaps comparatively unimportant and obvious; and it will therefore require but a few reflections.
Before the commencement of this Trial, there was an error in Judge Marshall's conduct which was calculated to produce considerable suspicion and alarm. We allude to the singular circumstance of his voluntarily dining with the man, who was to be arraigned before him as a criminal.
This is no time, for softening down, or concealing our sentiments. The strange scenes lately acted in this city call upon us to speak with firmness and independence. If there be some men, actuated by mistaken motives on private gratitude or party spirit, who choose to forget that Aaron Burr is a traitor, and that a traitor's character is marked in this country with more peculiar atrocity than that of any other criminal; it is, therefore more imperiously necessary, that the voice of truth should be heard. As a man, it was incumbent upon Mr. Marshall, not to have sought any kind of intimacy with Col. Burr; but as a judge and as a judge who was to sit upon his trial, he should have avoided it altogether. On one day he should not have pronounced from the bench of justice, that Aaron Burr was a traitor at heart, and on another have met him at the convivial board to exchange with him the civilities of a friend. Why did he not reflect? One moment's thought would have sufficed him, that if such means did not even prepossess him too much in favour of the criminal, it would at least produce such an impression on the public mind, that a judge is bound to act not only without bias, but above suspicion. One moment's reflection would have convinced him, that even if the world should not suspect him of favouring Col. Burr too much, they would suspect him of too little abhorrence for the crime, of which he was accused. A judge may presume a man to be innocent until he is proved to be guilty, but this is no excuse for his not feeling the proper degree of abhorrence for the abstract guilt of the crime, with which the criminal stands charged.
One predominant trait has marked Mr. Marshall's manner throughout this protracted trial. No man can doubt Mr. Marshall's ability. The case of Jonathan Robbins, which may be considered as the price of his seat on the bench, will remain a lasting monument of his capacity to defend error in the most specious garb of truth. All his opinions in the late trial, whether they were delivered on the spur of the occasion, or in the utmost maturity of his closet, are full of proof that neither time nor office have worn his mind of its seams. But this latter was continually lost in a wavering and irresolute spirit. His mind never had its full and free play; but seemed forever bent on reconciling opposing opinions, and making his judgments palatable to all parties. By the time that he seemed to have expressed his full opinion, he was apparently flustered & startled at the boldness which he had avowed, and therefore modified and softened down his opinion so as to leave the mind finally at a loss to understand on which side the court had decided. It was owing to this irresolution that Mr. Marshall's opinions were so often wrapt in obscurity; that such a variety of points were permitted to be discussed, which the bench should of right have promptly decided, that so many arrangements were so unnecessarily and unbecomingly thrown upon the counsel themselves to adjust; and that the lawyers were permitted to run into personalities against each other, which would really have disgraced a county-court bar.
Innocent but rarely anticipates accusation. To accuse the world of malice, is a libel on humanity, uttered only by those, who are conscious they merit reprobation. Throughout this prosecution, Mr. Marshall seems to have anticipated the indignation of his country. Well aware that his elevation flowed from his zeal in the defence of bad men and of worse principles; that his honors have never been crowned with the plaudits of his fellow citizens; that his power is not strengthened by confidence in his principles, he has acquired that habitual jealousy of disposition, which is the constant concomitant of the exercise of power illicitly obtained.
In this great cause, he has adopted that timid circumlocution of language, and of manner, which characterised his political career; yet it is impossible not to perceive the influence of former opinions on his mind.
The phons will often betray the judgment in spite of its most deliberate exercise. It was not to be expected, that he who favored to invert the constitution of his country had not a sympathetic feeling for its present enemies. But there was another and stronger claim on
the compassion of the Chief Justice.—Col. Burr had become the favorite of the federal party, he was rendered the happy medium, through which the administration might be assailed with violence and acrimony. To the federalists Mr. Marshall is indebted for all his influence. To regain the confidence of republicans, is with him impossible; to lose the support of the federal party, is to leave him without an advocate.
Under those circumstances, that the dignity of the bench should sometimes yield to the feelings of the man, might be justly anticipated. The sympathies of the bench, give a tone to the bar who addresses it. The declaration of the Chief Justice, that the "government" which convicted the prisoner, was received embraced in the idea, that his conviction would gratify its feelings. Such language from the bench, portrayed its character sufficiently, to fathom the less guarded attacks from them. It is true, it was explained and afterwards obliterated. Its adoption marked the character of the court, and the most unbounded latitude of slander and vilification, was pursued with impunity. Was it not the duty of the court to see that the government it represented, was treated with respect? Was it not its duty to shield it from wanton calumny and obloquy? I appeal to the Chief Justice, and ask, whether, if during the trial of Price or Callender, counsel had used the language of Luther Martin, silence would not have been enforced, and punishment would not have been inflicted? The book of Callender, no where contains language as acrimonious, invective as bitter, or indignant as flagrant, as that which has been offered by Martin.
The great points which the Chief Justice has decided on the charge of TREASON are these: 1st—that there may be cases where a man can be convicted of treason, who is not present when the war was actually levied. His opinion on this point is not more extremely precise; and he seems to rely it more upon the particular circumstances of each case, than upon any one definite principle. "If, for example, an army should be actually raised for the avowed purpose of carrying on open war against the U. S. and subverting their government, the point must be weighed very deliberately, before a judge would venture to decide that an overt act of levying war had not been committed by a commissioned officer , who never saw the army, but who knowing its object and leaguing himself with the rebels, supplied that army with provisions; or by a recruiting officer holding a commission in the rebel service, who though never in camp, executed the particular duty assigned to him." In plain language, a commissioned officer and a recruiting officer may be traitors though not present where the war was levied. But in the same plain language, presence , though not essentially, is presumptively necessary, and there are a very few cases, according to the Chief Justice, where a man can levy war without being present .
2d. That no man, however, can be convicted of treason under an indictment charging him with levying war at any one place, where he was not at that time present.
3d. That no such man can be convicted, unless the indictment specifies some other overt act, which connects him with the overt act of levying war. The indictment, for example, is not to charge him with having performed the act of levying war, but with having procured it to be done; and this procurement is to be proved in the same manner and with the same kind of testimony, which would be required to prove actual presence .
4th. That it is the privilege of a judge to wrest all the evidence from a sworn jury , if he be satisfied that there is none to prove the particular overt act charged in the indictment, whether it be of procurement or of presence .
5th. That he who procures the levying of a war when he is not present , is either an accessory or a principal; only in the second degree, where guilt is merely derivative, and that therefore no further evidence can be exhibited against him, until there is a record produced of the conviction of the offender in the first degree.
6th. That no assemblage of men can be said to levy war unless they have either actually struck a blow, or potentially awed the constituted authorities, or are in force; that is, in a military posture, carrying the appearance of force, and in a situation to practise hostilities; and that the jury are privileged under this exposition of the law to find whether any particular assemblage of men does constitute the overt act of levying war.
7th. That no one man nor small number of men in the assemblage can themselves be convicted of treason, even if that assembly have all the force and accoutrements of war, unless the whole or the greater part of them be acquainted with the treasonable design, and are prepared to execute it.
On some of these propositions we shall present a few general reflections:
1. The judge himself admits that presence is not essentially necessary, and so far we are agreed: in some cases it may certainly be a presumption of the co-operation and guilt of the accused.
If such were not the case, it would tend to let in that doctrine of constructive treason, which has proved so fatal in the English law, and against which our constitution has attempted to erect a barrier. If conviction could as soon light upon the man, who is a thousand miles distant, as he who is present at the scene of action; on him, who ten years ago possessed the feelings and formed the plan of a traitor, but who halted, while his associates were going on, as soon as upon him who went at lengths with them, joined in all their preparations, went to the scene of levying war, and attended them afterwards, the dangers of such a constructive treason would almost exceed calculation under an arbitrary administration. Suppose some future John Adams should ascend the Presidential chair, a doctrine of this kind might prove as fatal as the scythe of time .
Far different however was the case of A. Burr, from such a case, and nothing could have been more ridiculous, than for his counsel to censure up this doctrine of constructive treason and all its terrors. If presence be necessary to prove the guilt of the man who plotted five years ago, and of whose subsequent co-operation no trace of evidence is produced, could it have been necessary in the case of Burr? A man, who formed this plot, who was preparing means for it, up to the time of the assemblage on Blennerhassett's Island, and even then who afterwards joined them and conducted their movements? A man, who was in fact absent, from design?
The fact of presence is therefore very unessential in many cases. Its necessity will depend upon the circumstances of each particular case; but surely the Chief Justice might have been more explicit on this particular case of Burr's, than he has been.
Let us pass to the second point and on this subject we shall submit the following reflections from the pen of Mr. Thompson, the brother of the celebrated Curtius, whose ideas we have to repeatedly cited in this essay.
The Attorney for the United States, had adopted the opinion of the Supreme Court of the United States, as the rule by which he was to conduct the prosecution. That opinion, in the mind of every man, except the Chief Justice of
the United States, vis-à-vis supported the indictment. That opinion was, "That it was not the intention of the court to try, that no individual could be guilty of treason, who had not appeared in arms against his country. On the contrary, if war be levied, that is, if a body of men be actually assembled, for the purpose of effecting by force a treasonable object, all those who perform any part, however minute, or however remote, from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors." The question was argued for several days, when the Chief Justice delivered the opinion of the court. "That no testimony relative to the conduct of the prisoner, elsewhere, or subsequent to the transactions on Blennerhassett's island, can be admitted, because, such testimony, being in its nature merely corroborative, and incompetent to prove the overt act in itself, is irrelevant, until there be proof of the overt act by two witnesses."
"It is that this important trial has been brought to a close. The people of America are called on to decide, how far that opprobrium, which has been anticipated to the Chief Justice, from his conduct during the prosecution, is not merited. They are called to say, whether, after the expenditure of vast sums from their public treasury, the measure of national justice shall be curtailed, by the organ of national law. The issue between the government, and Aaron Burr, never fairer tried, in which the herculean efforts of professional ingenuity, have been functioned, if not aided, by the comprehensive fiat of legal power, has ceased to exist. But there is another, and not less interesting question, which remains to be decided: The tribunal before whom it is brought, is just, intelligent, and awful. The mass of mankind are neither liberal, or illiterate. Their opinions are formed on the broad basis of national right, and of natural reason. Before this great tribunal, evidence will neither be perverted nor suppressed—its judgment will not roll on technical precision—its decrees are not uttered in language to require explanation, or permit perversion. The character of the Chief Justice, awaits the issue. To the virtuous man, it can afford but few drops of consolation, that his decisions are bottomed on principles, which the majority of his country are inadequate to comprehend."
"In every indictment, it is necessary to lay the crime at some place, so as to bring it within the jurisdiction of the court. The indictment of Burr charged the offence as having been committed in Wood County. The crime of treason consists in the act of levying war, and that is defined, an assemblage of men in force to effect a treasonable design. The assemblage of men in force took place in Wood, therefore the crime was committed there. The criminal is to be tried within the jurisdiction where the crime was committed, therefore Burr must be tried in Virginia. He could not be tried in Kentucky, because the assemblage was not in Kentucky. If then he must be tried in Virginia, it was either necessary to presume his presence, at the commission of the treasonable act, or he could only be tried as an accessory: Because, if not present when the act was committed, it would be incumbent to prove it treasonable, by the conviction of some of those, who committed it. But to constitute treason, the intent of the act must be ascertained. Now let us suppose, what actually occurred—That Aaron Burr proceeded to enlist 100 men, without communicating to one solitary individual, the intention of his enlistment—They actually proceeded to assemble—Would it not be indispensably necessary, to prove the intent of their assemblage, before they could be convicted? Could it be proved, in any way, except by the conviction of him who caused the enlistment—Then the men who are assembled, are principals in fact, and the man who caused the assemblage, is principal in intent. If the indictment had been laid specially, as is the opinion of the Chief Justice—then the question must have been made, whether he who causes an assemblage in force, could be convicted until those who are assembled are convicted of treason? The result of this doctrine is, that the General who enlists, who orders and arranges, cannot be convicted, until the Soldier who obeys, is brought to punishment. There is a wide distinction between him who causes an act, and him who is accessory to its commission. The man who causes an assemblage in force, must from the very nature of things, be a principal in treason. The allegation of his presence, is only a legal fiction, necessary to give jurisdiction to the tribunal before whom he is arraigned. The substance and leading features of the indictment, are, his having caused war to be levied. If the crime be punishable, for having caused its commission, the allegation of presence, is a legal presumption, which must be justified."
"Let us enquire, whether Aaron Burr could have plead an alibi , (that he was at a different place) to the indictment? If he could, then it follows, that his actual presence at the place was unnecessary—if he could not, then it follows, that allegation of presence, ought not to vitiate the indictment. He could not plead an alibi , because actual presence is not requisite. The opinion of the Supreme Court is, that if there be an actual assemblage in force, those who are concerned in the remotest degree are traitors."
"It does not lay they are accessories to treason, it does not say they are principals in the 2d degree. If then those who are concerned in the remotest degrees, are traitors, much more must he who causes the act, be a traitor. If this be the opinion of the court, one of two things is to be admitted, either that presence , is not necessary, or if necessary, it is to be presumed. The term, presumed degree , embraces the idea of those who are present or not. If presence is not necessary, then the substance of the indictment, is the levying war, and the allegation of presence is only to the jurisdiction. Then the indictment in this respect, was substantially good, but he who can be convicted of a crime, must be presumed, in one sense of the term, to be present at its commission. There is certainly a constructive presence known to the law; in what case can it be more properly recognized, than when all who are concerned, in the remotest degree, are declared to be traitors? The arguments of the Chief Justice on the doctrine of constructive treason, are applicable to the petty offences, to which they are applied—but surely it is neither necessary under the opinion of the Supreme court, and still less under the conclusions of common sense, or common reason, that a man should be so near the theatre of treasonable action, as to be enabled to give immediate aid to its perpetration."
"Let us then take the case of Burr, which in Kentucky, the party who were to join him, assembled from alarm, at an earlier day, and even without his knowledge, on Blennerhassett's island, was not that assemblage in force caused by him? Had he not organized the plan, would those men have assembled? Did they not assemble in consequence of that organization? It is necessary, according to the constitution, to prove the overt act by two witnesses. In this case, the overt act was laid at Blennerhassett's island. If according to the Chief Justice, because his presence was alleged, it was necessary to prove it, then his presence alone could constitute him a traitor; but the supreme court has decided, that he who was concerned in the re-
moted degree, is a traitor—therefore according to that decision it was not necessary to prove that presence the crime, and therefore its allegation would not vitiate the indictment. I believe it will not be denied, that that which is not necessary to be proven, to constitute the offence, if laid, is only surplusage. Apply this rule to the decision of the supreme court. Presence is not necessary to constitute treason where there has been an assemblage in force, therefore its allegation is surplusage. But in every indictment, it is necessary to show jurisdiction, therefore it is necessary to allege place, and constructive presence follows as an inseparable consequence."
"The indictment in the case of Burr, was framed in the only way, in which it was possible to convict him of treason in the first degree, for had it been charged that he caused war to be levied at Blennerhassett's island, it would be necessary to convict those who had assembled, and to prove the assemblage to have been in force for treasonable purposes. Thus, then, his presence must be proven, and if necessarily presumed, the allegation in the indictment was proper. The course of the argument pursued in the opinion, is worthy of peculiar attention. The decisions of the court, are the law of the land, expounded as a public guide. Their operation is not limited to the walls of the house in which they are uttered—it becomes then a serious matter of enquiry, whether they are to be received according to the literal and ordinary understandings of those whom they are designed to affect with the force of law. The ordinary sense and meaning of terms, has been hitherto adopted, as the rule of construction. But the Chief Justice of the United States has abandoned a principle, foreign to the safety of the people! He has disregarded the ordinary construction to which language is liable, and fought with eagerness to justify that, of which ingenuity, labor and sophistry could alone make it feasible. In support of his construction of the opinion delivered in the supreme court, in the cases of Bollman and Swartwout, which admits he would deviate from that with reluctance, he has marshalled every argument that could be furnished, to defeat its force. Whilst it is true, that being present, he is enabled to decide, on what was his impression of that opinion, it is certainly improper and indecent, to convert that impression at a future day, into an argument against it. Are the world to judge from the language used, or from the impressions, which are concealed? If the opinion of the supreme court, is to be the law of the land, shall the judge come in and say, that the law is to be pronounced, according to his language, or his impressions? That the counsel for the prisoner gave the same construction to the opinion, as was done by the never having met it fairly. They relied principally on its being extrajudicial—and to the Chief Justice is due, all the honor of defeating by argument, that opinion which he had formerly functioned on a different bench."
GERMAN GOODS. BOHN & HUBNER. HAVE JUST RECEIVED FROM BREMEN, A GENERAL ASSORTMENT OF GERMAN GOODS: —consisting of— OSNABURGS, Dickenburgs, < Roman Sheeting, Brown Rolls, < Plaidas, Hollans, < Brown Holland, Dantzic Rolls, < Dowas, Sacking, < Bilsfeld Linens.
GLASS WARE. Quart, pint, and half pint Decanters, Pint and half pint Tumblers: All of which they will sell on reasonable terms. N. B. They have removed to the new Brick Tenement, the door below Messrs. Taylor & Brown's Vendue Office. Richmond, Nov. 6. ep4w.
MORE CHEAP GOODS! JOHN KING, again respectfully informs his customers and the public, that he has just received, by the late arrivals from Philadelphia and New-York: a general assortment of— FASHIONABLE & SEASONABLE GOODS, which are now opening at his Store, the second door below the Eagle-Tavern; where they may be had upon as good terms, for cash, as at any other place in the City. November 6. ep1p.
SAMUEL BAILEY, Offers for sale, at his Nursery in New-Kent County, near the Crops Road, A LARGE QUANTITY OF GRAFTED APPLE TREES, Of choice fruit, at 60 cts per tree. He believes they are not equalled, if equalled by any in this state, either in variety or quality , bearing at considerable trouble, collected the most approved kinds, agreeable to the following list: WINSOR, Bell Flower, Summer Cheese, Winter Cheese, Clouston's Langlois, May Apple, June do. July do. Golden Wilding, Rawls' Jenners, Lowry's Apple, Summer Pearmain, Winter Pearmain, Twyman's do. Lighton's do. Langlois, Sheep Nose, Harvard Apple, Sweet Ruffett, Long Crab, Red do. Nonpareil, &c. &c. November 6. ep1p.
LANDS FOR SALE—IN ALBEMARLE. The subscriber being desirous of removing to the Western Country, offers For Sale, his TRACT OF LAND, in Albemarle County on the North River, four miles from Charlottesville, containing about a hundred acres, two hundred or two hundred and fifty of which are valuable bottoms, payable in the following manner: one third when possession is given, in cash; one third in Negroes between twelve and thirty years old, at a fair valuation; and the balance in lands situated in the lower part of Kentucky, or in West-Tennessee; whole soil, situations and tenancy be approved of by him; or if more agreeable to the purchaser, the third not so exchanged for Western Lands, will be divided into three equal annual payments, with interest from the day possession is given if not punctually paid; to be secured by a deed of trust upon the Land. Presuming that no person will purchase without viewing the Land, further particulars are desired unnecessary at this time, but will be made known by application to the subscriber living on the premises. SAMUEL CARP- November 6. Jan3w5
By virtue of a deed of trust, executed to me in Albemarle County, for the purpose of securing to Bartholomew Darden, the payment of one thousand two hundred and nineteen pounds and eight pence: I shall, on the 12th day of November next, proceed to sell, to the highest bidder, for ready money, at New-Kent Court-House, A TRACT OF LAND lying in New-Kent county, called Pointeexter, containing one hundred and thirty-six acres; twelve likely Negroes; or to much of the said Plantation as may be necessary to satisfy the balance of the debt due on said deed, together with the expenses attending the execution thereof. WH. ARMISTEAD, Trustee. Oct. 27. 1807

EXPOSE  Of the situation of the French Empire—1806 & 1807.
Gentlemen deputies from the departments to the legislative body; the year which has elapsed since the close of your session, will not occupy a less important place in history than the glorious and memorable year that preceded it, and France, accustomed in some measure to admiration as much as to gratitude, will have seen that under such a chief as he who directs her high destinies, this double sentiment may be renewed every day.
When, fifteen months ago, you separated in order to return to your homes, after having, during the course of your session, fulfilled with much eagerness as concert, the duties imposed upon you, by the confidence of the nation and that of the Sovereign, the empire appeared to be at length ready to take the sweetest fruits of its glorious labors; he saw the time at hand, not of his own repose, but of the repose of France. A new continental war had been re-enacted in three months; the inhabitants of Germany were all become either the friends or allies of France; Prussia was still among this number; Russia appeared to wish for the end of an enemy, without either aim or object; by dint of triumphs and moderation, the emperor seemed to have at length acquired to France the right of enjoying in peace all that he had done for her. He was restored to the country; his people received him with transports of hilarity and love, bringing back new laurels and new blessings; numerous deputations came from the extremities of the empire to offer him the tribute of the public homage; the army were preparing to come, in order to enjoy in the heart of their country the fruits ordered by their chief and prepared by the whole nation.
The emperor rejoiced at the sight of a calmer future, and his thoughts, fixed upon the internal administration, seemed to have become still more active. He caused a minute account to be given to him of every part of the administration, and sought in each of them what good there still remained to be done. He prepared a plan to secure to the princes of the imperial dynasty such an education as should render them worthy of him who founded it; he established a system of great rewards for great services, the true manner of making high titles serve as a support to the state and a decoration to the throne; a new organization given to the council of state initiated a flow and ebb of discussion for the decision of contentious affairs; a series of protesting and rigorous forms afforded to the complainant every facility for the production of his defence and hostiles, and created for the depositories of the public authority a new tribunal, the censure of which is to be exerted against acts and abuses which are out of the reach of the positive laws. A commission placed in the very palace of the emperor, and consisting of those whom he calls to discuss with him the greatest affairs of the state, opened to the throne a free access to all kinds of complaints or demands, charged to carry to the ears of the sovereign the voice of all his subjects, and especially of his subjects in poverty and misfortune; an affecting institution which announces that he who is indefatigable in vigilance takes such good care of the great interests of the state, is not less solicitous, in his paternal solicitude, to provide against the least wants and the slightest grievances of all those over whom his Empire extends.
But the treaty of Presburg, which had restored peace to the continent, had not restored it to the sea; and England, constant in seeking her own mastery in the misfortune of Europe, strove to make Russia continue the war, and to bring Prussia to determine upon hostile steps. These plots were defeated; the treaty of Vienna and the convention of Paris dispelled all the clouds; it seemed that henceforth the peace of the continent was no longer to be troubled; Russia herself had felt the weight of it, and her ministry, invited with her full powers, had just arrived at Paris.
England, carried away by the force of these circumstances, showed herself disposed to make peace, or rather, as her public discussions have since revealed, a truce, which would hardly have suspended for a moment, the effects of the hatred and jealousy with which she is animated against us. At the same time that the opened negotiations, she prepared new intrigues, fully resolved to break them off, if she could convince the Emperor of the nature of continental war: she saw her guilty hopes triumphed; the peace made with Russia was not ratified!
Prussia was agitated anew; a madness without either motive or aim excited by the enemies of her repose, got the better of the combinations of the cabinet; hostile cries were heard, and war was declared, against the opinion of the ministers, and perhaps against the will of the king himself. A fatal example of the weakness of princes! Still more fatal influence of a ministry who keeps intrigues and libellers in pay; who foment the whirlwind of which they are any use to them; and who, in the midst of all their plots, coolly calculate the advantages which may result, for their interests, from the dangers, nay, the very ruin of those whom they call their friends!
The emperor set off. The English plenipotentiary, who, several times, had announced his departure, did not delay to effect it; and the incendiary rockets, let off by his fellow-countrymen, were devouring a few houses in Boulogne, when a minister made his entrance into the town with a French officer, who watched over his safety, and paid this last homage to the character with which he had been so usefully invested.
France was, during upwards of ten months, afflicted by the absence of the prince to whom all her affections, as well as all her destinies, are attached; but the emperor remained patient in his toil, and his genius watched over her; his thoughts, from the borders of the Rhine and of the Vistula, of the Pragel and of the Niemen, never ceased to embrace all the internal wants of the empire; his thoughts animated every thing, maintained every where order and regularity, which are his work, and we only perceived his absence by the noise of his exploits, and by the regrets which he left in the hearts of all. Whilst he visited the soldier's tent, raised on the mounds of Lithuania, his look watched in France over the poor man's cottage, over the manufacturer's workshop. During this long interval, government was not without any troubles, it had not even the flattered disturbance to dread; France, at the period of a war, undertaken for the purpose of overwhelming her, recovered not home the most profound calm; her territory was not violated for a single instant, the din of arms never reached her. Under the safeguard of victory, she was passing far from her frontier the storm which envy and hatred had directed against her; the law this storm burst even on the countries where it had been gathering.
The laws every where executed with fidelity and without any effect the privilege of good laws, the contributions regularly acquitted, the roads travelled with safety, the administrators resounding their zeal, our young soldiers starting out with joy open the road of honor, the national guard watching round her haunts, and showing themselves by the regularity of their service, by their attitude and their discipline, equally fit for the double functions of protectors of public order and defenders of the state, all the branches of the service performed with facility, public opinion constantly faithful to the institutions which its wishes had recalled; such is the spectacle that presented itself to your eyes in your respective provinces, and to which we may here call your testimony: such is the spectacle exhibited by that France, which henceforth her enemies despair of agitating, as they despair of vanquishing.
At the period at which we are arrived, if we will have to draw you with some new institutions, we shall much more have to show you the fruits of the institutions which exist; this function is not less pleasing, in confirming the past, it gives a new guarantee to the future. The electoral colleges, and the general councils of departments, have shown themselves animated with the best spirit; they have been in the choice which the emperor has made of the men called to preside over them, how desirous he is that these functions should be as much honoured as they are honored.
in their services. The general councils must be assured that there is not one of the wishes which the sentiment of the public good inspires them with, but becomes the object of the particular attention of government, and is consulted with care in the examination of the affairs to which it relates; the administration of the communes, that administration which his majesty looks upon as one of the most important for the welfare of his people, has been improved in several respects; its commission of accounts has received more expeditious and more enlightened forms. The emperor hopes that they will prevent in future every arbitrary measure and all embezzlement; that the expenses will be rigorously conformable to the budget; that the receipts will not be misrepresented; that the accounts, being drawn up with clearness and dispatch, will no longer be a subject of discussion. It is his pleasure also that the charters, that principal source of the communal wealth, be administered for the interest of the town, to the advantage of those who inhabit them, and that the prefects, who are not to direct their administration, shall nevertheless exercise an active and enlightened watchfulness over them. The emperor, who looks upon himself as the father of his subjects, will not lose sight of those municipal administrations, charged to provide their first necessities, and will never tolerate either faults of negligence or enterprises of cupidity.
Government has in general been satisfied with the conduct of the mayors, not only of the mayors of great cities, whose functions his majesty has been pleased to exalt by repeated testimonies of his confidence, but of all the mayors, where noble devotedness, whatever the sphere in which it exercises itself, rises to the height of their duties; he has known and appreciated their services, and it is his intention to surround with a just consideration, the exercise of that paternal magistracy, by which the action of his power reaches the great majority of his subjects.
Equal honor be rendered to those respectable administrations, who from one extremity of France to the other, devote themselves to the relief of misfortune, to comfort the afflicted!
It is grateful to one's feelings, upon this solemn occasion, to render homage to the zeal of those fathers of the poor, who, in doing good, seek no other reward than the pleasure of having done it. They will do still better; the Emperor expects it from their zeal; every day, they will improve the order that should reign throughout the hospitals, and the economy that should be observed in the expenditure of their incomes; they will find new resources in labor, seconded in a becoming manner by those charitable congregations, the pious messengers whom religion sends to misfortune, whom for some time persecution exiled far from affliction, whom the reformer of France has reinstated in that affecting dignity. You see these congregations multiplying in proportion to the wants which invoke their relief, and providing for future wants by the pupils whom they bring up. To what a degree is not private benevolence eager to second administration thus directed? The bequests or donations made in behalf of the hospitals, have amounted, in capital, during the course of 1806 alone, to two millions three hundred thousand francs, authorized by five hundred successive decrees; the endowment of these establishments has further increased by a new blessing of His Majesty, to a capital of fifteen millions six hundred thousand francs, by their being provisionally put in possession of several domains of the state assigned for the replacing of their estates which were alienated during the revolution; a grant which this session by a definitive concession. The ancient founders of hospitals have been re-established in the enjoyment of their dearest rights. A noble emulation has taken possession of generous minds; it has opened schools, and opened workshops; the voice of morality has made its way into the prisons, preceded by the relief of beneficence; the laborious classes of society, guided by some virtuous men, have formed among themselves several useful associations, which serve for their improvement, at the same time that they prepare resources for them in times of misfortune. It was necessary, however, to provide against the advantage which greedy and hypocritical speculators might take of so respectable a disposition, or the errors which an imprudent zeal might lead to, and it has been wisely regulated that the establishments which employ the funds of the subscribers to take charge of a certain number of unfortunate persons, cannot contract such an engagement without the approbation of the public authority.
The manufactories have been put in the enjoyment of several kinds of revenues, the priest's houses restored; numerous donations have augmented their resources.
The victims of the maritime war and of the violence of the enemy have received indemnities from his majesty, as soon as he was made acquainted with their losses.
The public salubrity has been the object of continued vigilance. Some epidemical diseases have manifested themselves in several parts. The zeal of the physicians sent by the prefects and sometimes from the capital itself, from the first symptoms of the evil, has put a stop to its progress; the medicine chiefs sent by government have secured resources for the treatment of the poor. The Asile de Pitié of Paris has been organized; others have been established in other parts of France.
Government begins to occupy itself with completing the plan for the repression of mendicity. The Abbey of Fontevrault and Ursulines of Montpellier are fixed up for the reception of orphans from several departments; that of Villers-Cotteret, which is almost finished, will serve for the wants of the capital & its environs. Work continues to be successfully introduced into these depots as well as in the prisons; which it furnishes new resources for the internal economy of those establishments, it corrects the morals of that class which society has justly discarded, and renders punishment useful to those who have deserved it. In almost all the houses of confinement and reclusion, places of worship have been re-established and chaplains appointed for the service of the altar, a measure which no less tends to effect this salutary reform.
The administration attaches a real glory to the complete execution of this system. If the persons are not yet what government wishes them to be, if the theoretical views which noble sentiments had inspired in the constitutional assembly, were found to afford no means of being put in practice, these sentiments are now generous and too humane for government not to have been constantly animated with them and not uniformly to tend to the aim which they point out. The different classes of malefactors will, as much as possible be kept separate, and he who by the error of a moment has exposed himself to the severity of the laws without incurring the indignation of society, will not be confounded with them. Attention will be shown all to be paid to the salubrity of the places of confinement and to the care which the health of the prisoners requires. The succession of so many years during which to neglect or to destroy was what was best known & what was most ambitious, has left in this respect an immense work which has been going on for these six years, and the completion of which will be one of the first blessings of peace.
The prisoners of war or rather the captive armies which victory feeds us, employed in useful labors, have made their hands serve to fertilize that land which they thought to conquer.
Public works, bridges and highways. The general system of public work, applied at once and in so many ways over all parts of the Empire, is, pursuing with a perseverant and an activity which the external circumstances do not slacken. Thirteen thousand four hundred leagues of road have been in different places kept up and repaired at the expense of the treasury; the two myriameter principal roads which lead from the capital to all the frontiers of the Empire, have been the special theatre of these operations. The two greatest works executed for several centuries past, the roads of Mont-Cenis and of Simplon, the monuments of the art, worthy of those monuments of nature which are its vanquished, are accomplished after six years labor. Among the roads of another order, that from Spain to Italy, by mount Genevre, continues to be cut, and the branch which is to extend it to the department of the Rhone will afford to a considerable part of France a more rapid and easy passage across the Alps. The Apennines in their turn are becoming the seat of active labors, which
the Mediterranean, and complete the union of Liguria with France. The military regulations which proportion the breadth of the wheels to the weight of the carriage, is in activity, and its good effects are already felt.
The weigh-bridges necessary for the execution of this regulation are all arrived at their destination, and their service begins in a few days.
Eighteen principal rivers have had their navigation improved or lengthened even by sluices; their tolls restored or their course confined by dikes executed upon the Loire and the Cher.
The navigation of the Po is freed, from all impediment. The Rhine is become the object of particular attention. The charter of navigation put in force up on every point, secures the means of delivering that fine river from the obstacles which impede its course.
Four bridges have been finished during this last campaign, or are on the point of being so. Ten others are in great forwardness; among this number are those of Roanne and of Tours. That from Strasbourg to Kehl is beginning upon an ingenious plan, which will admit of its being taken down and set up again at pleasure with speed and economy. The Pont Saint Esprit, which could not afford a passage to any loaded carriage, has recovered the full utility of its service by the widening it has received. The Pont Saint Nicholas near Belfort, and that of Anberve upon the Vacon, are nearly finished. That of Avignon has been contracted for; government has purchased that of la Moutier, at the confluence of the Rhine and the Saone.
The canals, almost all begun under this reign, are digging without interruption. Among this number, that of the Oureq is already carried three fourths or four fifths of its length. The two cuts of that of St. Quentin, which joins the Seine to the Scheld, Paris to Belgium and Holland—are made; they will be finished in 18 months, and the problem of that subterraneous navigation is resolved. All the works of art that canal may be looked upon as finished; that of the north, which joins the Scheld to the Rhine without passing through Holland, is begun in the port which extends from the Scheld to the Meuse; it will unite Belgium to the departments of the Rhine, one conquest of France to another conquest, and these two countries affording perhaps at finding themselves under the same dominion, will not be less so at a communication which their former possessors never would have executed, and which will not be the least benefit of their union to the empire. The works of the Canal Napoleon destined to join the North Sea to the Mediterranean by a communication, which embracing the course of the Rhone, the Saone and the Rhine, runs through France in her greatest length; these works, I say, are undertaken and already in great forwardness along the whole line. The canals from Niort to La Rochelle; from Life to La Ram, are in great forwardness;avier advances rapidly; that from Alguemortes to Beaucaire has just been finished—the part of the canal of Bourges, from Dijon to the Saone, will be navigable this year. Several others have been resumed or repaired; all of them will be continued until they are entirely finished.
The maritime ports have also witnessed new creations. Antwerp boasts of dock yards built as if by enchantment upon a soil become a stranger to all maritime construction. Antwerp, which in the days of its glory was but a commercial port, afterwards flour by a very blind or a very notorious policy, Antwerp which was reduced to nothing, starts up as a centre of military marine. For the first time, ships of 74 and 80 guns are seen upon that part of the Scheld, 14 are upon the stocks, several have been launched, and after a difficult passage are safely and without example arrived at Flushing. The flocks of those that were launched were instantly occupied by new constructions. People flocked from all parts of Belgium, from Holland, from the borders of the Rhine, of the Meuse of the Scheld to view this magnificent fight to enjoy this conquest made in favor of the ocean. How proud must Antwerp be of her new destiny! Other ships will be launched within a few months, replaced by a like number, and whole squadrons will sail from that port which had forgotten that it even belonged to the ocean.
(To be continued.)
TWENTY DOLLARS REWARD.
Ran away from the subscriber on the eleventh of this month, LIKELY Negro Man, named DAVID, twenty years old, five feet, seven or eight inches high, of a black complexion, spare made, and has a pleasing countenance, has a black spot on one of his fore teeth and commonly uses his left hand. He has a lump on his breast occasioned by a burn when a child. He is a tolerable Blacksmith. I expect he will endeavor to pass as a free man. I will give the above reward to any person for information of said Negro, so that I get him again. I do hereby forewarn all masters of vessels and others from harboring or carrying said Negro out of the state.
CHRISTOPHER ROBINSON. Cumberland county, Oct. 23. oaw4w
THE SUBSCRIBER
RESPECTFULLY thanks those who have hitherto favored him with the tuition of their sons, and informs them and his friends generally, that his SCHOOL will be moved to his dwelling house, the ensuing year; in which will be taught Reading, Writing, English Grammar, Geography, the Latin Language, Arithmetic and Surveying. The terms of tuition are, for Reading, Writing and Arithmetic ten dollars; English Grammar and Geography 15 dollars; Latin 25 dollars; Surveying 10 dollars. The School will commence about the 10th of January, and end about the 15th of December. There will be a vacation of about ten days at Christmas, and again from the 15th of August to the 1st of September. He wishes to take 6 or 8 boarders; the terms of board are £20 a year, 25 dollars in advance, and each boarder is required to furnish his own bed. Parents who may think proper to board their sons with him, are assured that proper attention will be paid to them, and every exertion used to promote their education.
WALTER LEWIS, jun. Louisa, Oct. 23. oaw4w
TO BE SOLD.
At Hanover Court-House, on the 4th Wednesday in November next, being Court days, pursuant to a decree of the County Court of Hanover, (in which William Wingfield and others, legatees of John Wingfield, dec'd are Plffs. and Thomas Wingfield and others defts.)
A TRACT OF LAND, belonging to the estate of the said dec'd, containing between 5 and 600 acres, lying and being in the county of Franklin and state of Kentucky. A credit of twelve months will be given to the purchaser or purchasers, and a deed executed to him or them, with a special warranty, on entering into as many bonds with security, as there are legatees, payable to them respectively.
BY THE COMRS. Sept. 19. law2m4w
FOR RENT.
And possession given Christmas next, for a term not less than three nor more than seven years.
MY TAVERN and the plantation thereunto adjoining in the county of Mecklenburg, about one mile from Lady Skipwith's, and Somerville's ferries on Roanoke river, on the main road leading from the Carolina's, Georgia, &c. to Petersburg, Richmond and the Federal City. The Tavern-house is large and commodious, good stables and all other necessary out houses—on this place is a good apple and peach orchard, which never fail bearing fruit—there is a quantity of hickory timber land convenient which may be cleared and used at the discretion of the tenant. It is deemed unnecessary to say more as it is presumed that those who wish to rent would first view the premises. But the subscriber can with propriety say the advantages attached to this place, renders it by far the most advantageous stand for a tavern and store in that part of the country. There will be a tolerable crop of wheat sowed on the place. For terms, &c. apply to the subscriber living on the premises.
HOWEL GRAVES. Sept. 5. oaw3m.
WILL BE SOLD.
To the highest bidder, on Wednesday the 22d day of December next, if fair, if not, the next fair day, at the dwelling-house of the late David Patterson, in the county of Buckingham, about four miles below the town of Warmbather.
TWENTY-FIVE NEGROES, on a credit of one, two and three years. The above Negroes are uncommonly valuable, and known to be so, by most of the neighbors. Bonds with approved security will be required. It is deemed necessary here to insert, that the Legatees, are not expected to purchase much, if any, of the above property.
REUBEN B. PATTERSON. Oct 23. oaw5w
NOTICE.
All persons having claims against the estate of John Sandage, deceased, are requested to bring them forward, to the subscriber, duly authenticated, on or before the first day of November next, at which time a dividend of the assets in my hands will take place; those failing to comply with this advertisement, will be excluded from the benefit of said dividend.
THOMAS WHITT. Sept. 5. law2m.
NOTICE.
A PETITION will be presented to the next General Assembly of the Commonwealth of Virginia, for the removal of the District Court, now held at the Court-House of Northumberland county, to a more central place, within the district composed of the counties of Richmond, Wermoreland, Lancaster and Northumberland.
Wermoreland Court-House, Sept. 26.—law2m4w.
WILL BE SOLD.
At Public Auction, on the 12th day of December next, at the door of the Eagle-Tavern.
NINETY-TWO thousand, seven hundred and thirty acres of Western LANDS, lying in the counties of Montgomery, Harrison and Kenawha—a Credit of one, two, three and four years will be allowed, if satisfactory security shall be given.
SAMUEL GREENHOW. Richmond, Oct. 7. oaw 4w
VALUABLE PROPERTY FOR SALE.
In pursuance of a Decree of the High Court of Chancery, for the Richmond District, by consent of parties, the following property, belonging to the estate of James Anderson, d. dec'd, will be sold to the highest bidder, on a credit of twelve months, to wit:
On Tuesday the 20th day of September next, THAT commodious and well situated HOUSE & LOT, on the main-street in the city of Williamsburg, at present occupied by Mrs. Camp. Also, two vacant half acre LOTS, near the Free School in the said city. The sale to be made on the premises.
On Monday the 14th day of Dec. following, That valuable HOUSE and LOT, situated at the foot of the Capitol Hill, in the city of Richmond, in the occupancy of Charles Bather and others. The sale to be made on the premises. Also, at the same time and place, two valuable Tracts of LAND, lying on Wills Creek, near the city of Kentucky, and within a few miles of the Ohio river.
There are eight thirty-fifth parts of the above named property, which belongs to infants, and where the price of any one separate parcel exceeds fourteen hundred dollars, an interest with the purchaser must be retained in that portion for them.
Additional information may be had on application to Robert Anderson of Williamsburg.
THE COMMISSIONERS. Sept. 1. law2m4w
FOR SALE.
THE Tract of LAND wherein I now live, containing two hundred and forty-one acres, lying and being in the county of Chesterfield, about nine miles from Manchester, and one from James River; there is a very good dwelling house with a good barn and other out houses; apple and peach orchard; it is a very high and healthy situation; very small part of the aforesaid Land cleared. I also wish to sell one half of a Grist-Mill, on Powhite Creek, within one mile of my aforesaid Land. This Mill is entirely new, and perhaps as so profitable as any mill of the kind in the country. There is only one pair of stones at work at the present; but is so constructed (at a small expense) to put up another pair. For terms apply to the subscriber.
JOHN FORE. P.S. There is no doubt but there is Coal on the aforesaid Lands, as a great firm has been discovered. Sept. 19. law2m4w. J. F.
LOST.
THE Scrip for one share of the Stock of the Bank of Virginia, in the name of the subscriber; numbered 507 and dated the 7th Dec. 1804. Any person who has found the same, is requested to leave it at the office of the Enquirer, as application will be made at the Bank for a renewal thereof.
ALEXR. MEREAU. Oct. 10. oaw6w.
WILLIAM MCCABE,
WATCH and CLOCK MAKER.
Has moved from his former stand, which was near the Bell Tavern, to the new stand opposite Messrs. Cambley's store, and one door above Mr. Brooke's Dry Goods store nearly opposite the cross-street leading from Mayor's bridge to Byron's square-house.
WHERE all commands in his line will be promptly attended to and executed with fidelity and dispatch. He returns his sincere thanks for past favors, and hopes his attention to business will guarantee a continuance. He has on hand and will keep a supply of WATCHES, which he will warrant; likewise an assortment of Chains, Keys, and Seals of a superior quality.
October 27. oaw5w.
TUITION.
HAVING engaged a gentleman of approved abilities as an assistant, the subscriber embraces the earliest opportunity to inform his friends in the city and vicinity of Richmond, that the additional number of ten or twelve students will be admitted into his Academy. He at the same time begs leave to acquaint the public in general, that he has moved his Academy to that large and commodious house next to the late Dr. Currie's on the main street, Shockoe-Hill, where he continues to instruct the youth of both sexes in the following branches and on the following terms, viz:
Greek & French languages, per ann. 60 dols. Latin language, Mathematics, Geography, use of the Globes, English Grammar practically, Cyphering, &c. &c. at 40 dollars, to be paid quarterly. Exclusive of five dollars entrance money. JAMES A. OSWOLD. N.B. The Gentlemen and Ladies occupy separate rooms. October 27. law3w4w.
D. T. MADOX,
HAVING obtained Licence to practice as Attorney at Law, begs leave to inform those who may have business for the employment of his profession, in the County Courts of Goochland, Powhatan and Chesterfield, or the District Courts of Richmond and Petersburg, may rely upon every exertion of vigilance and industry to whatever may be confided to his attention.
Oct. 20. oaw6w.
IN pursuance of two Orders of the Common Hall for the City of Richmond,
THAT the said Common Hall will proceed, at the next monthly meeting, (which is the third Monday in next month) to elect one person to act as a Police-Master for the said City, whose salary will be eight hundred dollars per annum; and one other person to act as Captain of the night watch for the said City.
N. SHEPPARD, C. C. Hall. Oct. 22. WMN.
At a Court held for Henrico County, at its Court-House, the ninth day of September, 1807.
Joseph Wheatley & Company, Complrs. against George Duncan and Lazarus Joseph, Defts. IN CHANCERY.
THIS day came the complainants, by their counsel, and the defendant, Duncan, not having entered his appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this Commonwealth: On the motion of the complainants, it is ordered , That he do appear here on the first day of December next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted on some newspaper printed in the City of Richmond, for two months successively, and posted at the door of the Court-House of this county on two successive court days.
A Copy. Teste. ADAM CRAIG, C. C. Sept. 22. ep2m.
FALL GOODS.
KIRBY, DRAKE & TAYLOR, Are now receiving by the ship Rolla from London, A LARGE AND HANDSOME ASSORTMENT OF FASHIONABLE GOODS. (SELECTED BY A PARTNER OF THE HOUSE;)
Superfine Cloth, Superior quality. Kerseymeres & Toilettes. Gentlemen's Patent Silk and Beaver Hats, Children's Trafalgar and Ermine do. Elegant Leno Pique and Sewed mouselins, Do Robes and Dresses, Coloured Italian Crapes for Ladies Dresses, Silk, Cotton and Worsted Hosiery, Irish Linens, Lawns and Sheetings, 4-4 Cotton Shirting (very fine) Ladies Kid Shoes, Calicoes, Cambricks, Chambrays, Cotton and Thread Laces, &c. And in daily expectation of receiving by the Pendleton from Liverpool, a large assortment of coarse Woolens, &c. All of which will be sold very low, wholesale and retail, for cash, or on a short credit to punctual customers. Sept. 30. if
TWENTY DOLLARS REWARD.
Will be given to any person, who will deliver to me, in the County of Orange, or secure him in any jail, so that I get him again.
A NEGRO fellow named LEWIS, who ran away about the 1st of July last, from Cap. James Cooke of Albemarle, to whom he was hired. He is a good coarse carpenter by trade, and a rough shoemaker; is about 38 years old, rather above the common height, thin of body and visage, sharp chin and mouth, habituated to smiling, and shows his teeth very much when he smiles. He is a shrewd, feasible and smooth tongued fellow; well acquainted in the City of Richmond, and in the counties of Orange, Albemarle, Louisa and Hanover; and came from the estate of the late Gen. Nelson, in the county of Hanover, where he was lurking the last I heard of him.
DABNEY MINOR. Orange, Oct. 17. 6r.
FALL GOODS.
TOMPKINS & MURRAY, Are now opening in the House of parts the Post Office , late occupied by Messrs. Robt. & Hubner, an extensive assortment of fine GOODS, received by the ship Galpa from London. They have been selected with much care & attention; among them they would particularly recommend their assortment of London Superfine CLOTHS, Calimeres, Toilettes and Hats, all of a very superior quality. Also, an elegant assortment of Fashionable Robes, Mouselins, Laces, &c. They have also on hand, a large assortment of coarse Woolens, Hardwears, &c. received by the ships Herschel , and