The enquirer (Richmond, Va.), 1805-07-05 00:00:00

The Enquirer.
PUBLISHED BY RITCHIE & WORSLEY, OPPOSITE THE POST-OFFICE.....AT FIVE DOLLARS PER ANNUM.....(PAYABLE IN ADVANCE.)
NUMBER 17.]
RICHMOND, FRIDAY MORNING, JULY 5, 1805.
[VOLUME 2.]
Sales at Auction.
On Wednesday the 10th of July will be sold by the subscribers, at XI o'clock, on the premises, on a credit of six months, for notes with approved security:
THREE very handsome HALF ACRE LOTS known in the plot of Major William Duval by the numbers 37, 38 and 39.
PROSSER & MONCURE.
June 28. (tds)
PROPOSALS
BY JACOB JOHNSON, PHILADELPHIA, FOR PRINTING BY SUBSCRIPTION;
HISTORY OF AMERICA,
CONTAINING THE MOST REMARKABLE AND INTERESTING EVENTS FROM THE DISCOVERY OF AMERICA BY COLUMBUS TO THE PRESENT PERIOD.
BY RICHARD SNOWDON.
CONDITIONS.
 1st. This work will be comprised in two volumes duodecimo, bound, the number of pages cannot be precisely calculated, but the publisher supposes each volume will contain about 300.  2d. The price to subscribers will not exceed three dollars—payable on delivery.  3d. A map of North America and of the United States will be given with the work.  4th. Any person procuring subscribers for the work shall be entitled to one copy for every ten he may obtain—being accountable for the amount. 
IT is presumed that the work now offered to the public will meet with encouragement proportionate to the importance of the subject on which it treats. A wish to be acquainted with what has happened in past ages, especially in one's own country, is a natural and commendable curiosity; it is therefore surprising that so large a portion of the citizens of the United States are almost totally ignorant of the history of their native country, and of the great events that have taken place from the first discovery of the continent by Christopher Columbus to the present time. This must not, however, be attributed to an indifference in our fellow-citizens about what relates to their country; but rather to the difficulty of obtaining information, which was only to be gathered from voluminous tracts, too expensive to admit of a general circulation. In the work now proposed to be put to the press, this great objection is removed. It embraces all the most interesting events related by former historians, together with a number of anecdotes, and other matter never before published—at a price that will place it within reach of the generality of readers.
Subscriptions received by Jacob Johnson, a few doors below the Market, at Ritchie & Worsley's, W. Broad-street, and S. Pleasants' Book-stores.
July 2. (epf4)
By virtue of a Deed of Trust, executed to the subscriber by Charles Clarke, of the county of Chesterfield, to secure the payment of a debt therein acknowledged to be due Lyle and McCredie, and the expense necessary to carry the trust into execution, will be sold at public auction to the highest bidder for ready money, at Zachariah Brooks's Tavern, in the town of Manchester, on Saturday the 27th of July next, two hundred and twenty acres of LAND, more or less, lying in the county of Chesterfield, and adjoining the lands of Col. John Harvie, John Ford, Alexander Saunders, and Samuel Smith.
RICHARD B. GOODE.
July 2. (ep4w)
THE subscriber will sell at public auction to the highest bidder for ready money, at Zachariah Brooks's Tavern, in the town of Manchester, on Saturday the 24th day of August next, two likely negro BOYS Nelson and Harrison; conveyed in trust by the deed of Andrew Scott, dec'd, to secure the payment of a debt, interest and cost therein, acknowledged to be due Lyle and McCredie.
RICHARD B. GOODE.
July 2. (ep4w)
EDUCATION.
JOHN WOOD, owing to an arrangement, which has been made in the duties of the office which he holds, as Mathematical Surveyor for the city of Richmond, is enabled to devote a portion of the day, for the tuition of youth; and therefore purposes on Monday next, to open a select school limited to twenty students, on the following plan and terms:
The Branches intended to be taught, are the English Grammar, the Philosophy of Rhetoric; the Latin and Greek languages; Arithmetic and Geography; with the several parts of the Mathematics, viz; Geometry both Theoretical and Practical; Algebra, Fluxions, as likewise those parts of natural Philosophy which depend on a knowledge of the Mathematics.
The Hours of attendance will be from ten to twelve in the forenoon and from three to five in the afternoon, Saturday excepted, and the terms ten Dollars per quarter.
Young men, whose pursuits in life require a knowledge of Surveying or Navigation, may have an excellent opportunity of acquiring the practice of these sciences, from the frequent duties John Wood has to perform as public surveyor.
N. B. Those citizens of Richmond, who with their lots surveyed, will be so obliging as to give notice the preceding day, and their demands will be immediately attended to, on the succeeding morning or evening. As several have appeared ignorant of the established form, John Wood takes this opportunity of informing them, that a survey of any square, lot, or piece of ground, however small, is five dollars, independent of the expense for chain carriers whom the employer may if he please provide—and running a dividing line three dollars. Some applications have been made, for ascertaining only one corner of a lot, under an idea that the expense would be less; but as this cannot be done, without finding first the two lines of the street and the intersecting point, the fees are to be the same as for a survey.
Shockoe-Hill, July 2.
FIFTY DOLLARS REWARD.
RAN AWAY from the subscriber, living near the Bowling Green, on the 23d inst. a negro man named PETER, between thirty and forty years old, about five feet ten inches high, he is black and rather spare made; had on when he went off, a light coloured drab coat, a red striped waistcoat, corduroy or thickset breeches and dark mixed stockings—has lost the greater part of all his toes on the left foot, and when spoken to, is apt to appear surprised.
I will give the above reward if taken out of the State of Virginia, and thirty dollars if taken in the State, and out of this county, and ten dollars if taken in this county or confined in any jail so that I get him, or if brought home all reasonable charges paid.
JOHN G. WOOLFOLK.
July 2. (tds)
ELLIS & ALLAN
Have received by the Rolls from London, part of their
SPRING GOODS.
 amongst which are the following articles:  LONDON Superfine Cloths and Cassimeres, Quiltings and Dimities,  Handsome fashionable worked & laced Muffins, 3-4, 8-4 and 10-4 Diapers,  8-4, 8-10 and 10-16 Damask Table Cloths,  Gentlemen's white and brown Cotton Stockings, Ladies' elegant laced white do.  Do. Tortoise-shell bent and braid Combs, Chintzes, Calicoes and Furniture  Gentlemen's black fashionable Hats, Do. drab beaver do.  Do. do. patent silk do.  Umbrellas, Boy's Morocco Caps, plain and furr'd, Belt Hemp Ropes,  English White Lead, Spanish Brown, Yellow Ochre, ground in oil, and Verdigris,  Prussian and Fig Blue, Best Boiled Oil in jars, Durham Mustard, &c. &c. 
Which, added to their present stock, and those expected (daily) from Liverpool, will render their assortment general.
May 7. (epf)
VALUABLE PROPERTY FOR SALE.
Will be Sold, to the highest bidder, on the premises, on Friday the 13th of July next:
THE TENEMENT formerly occupied by James Harris, belonging to the James River Company; containing one acre of Land, with a Dwelling House thereon, which, with a small expence, may be made to accommodate a family comfortably.
The Tenement borders on the Canal, and has the advantage of an excellent spring of water, and affords a prospect not surpassed by any in the neighbourhood of this city.
A credit of twelve months will be allowed the purchaser, on giving bond with approved security.
By order of the President and Directors, ROBERT POLLARD. June 21. (tds)
JUST RECEIVED,
AND FOR SALE BY THE SUBSCRIBER, FOUR hundred pieces House Paper, Philadelphia Beer by the barrel, a small quantity of first quality New-England Cheet; also 400 barrels Corn.
EDWARD HALLAM.
ALSO—5000 wt. Sal. Petre'd BACON;—and a constant supply of FRESH CORN MEAL. June 18. (cp) 12t
FOR SALE,
THE TRACT OF LAND on which Chesterfield court-house is situated.
THE subscribers, being desirous of making a division of their lands, will dispose of the above on advantageous terms to the purchaser, for cash or on credit. This tract contains 1424 acres; an excellent grist-mill; good and convenient buildings, that are insured in the Mutual Assurance Company of this state against fire; the situation inferior to none in this state for the man of public business, or the planter. Many other advantages, singularly inviting, might be particularized, but we deem it unnecessary to say more, than to invite those who wish to purchase, to come and view the premises.
V. WINFREE, Jun. Wm. WINFREE. Chesterfield, June 25, 1805. (ep8t.)
Pleadings of Counsel,
ON THE IMPEACHMENT OF JUDGE CHASE.
FRIDAY, FEBRUARY 22.
[Mr. Key, in continuation.]
I will now proceed to the third article, which when correctly understood, will be found as destitute of impeachable matter as either of the other articles. It is as follows:
"That with intent to oppress and procure the conviction of the prisoner, the evidence of John Taylor, a material witness on behalf of the aforesaid Callender, was not permitted by the said Samuel Chase to be given in, on pretence that the said witness could not prove the truth of the whole of one of the charges contained in the indictment, although the said charge embraced more than one fact."
In opening the case one of the hon. managers enquired what human subtlety or ingenuity could devise to extenuate this act of the respondent. Our reply is that it requires no subtlety or ingenuity; that it was correct in point of law, and that the case is so clear, that he who runs may read. The court must permit me to observe that the article presents an abstract case, not growing out of, or connected with the evidence. This court, I apprehend, is not sitting here to decide this abstract point, whether in any case it is admissible to prove one fact contained in a particular charge by one witness, and one by another; but to determine whether in this case, where one witness was offered to prove part of one charge, and no other witness offered to the same charge, it was proper to receive the testimony offered. I contend that the decision was correct on the case before the court. The indictment against Callender contained two counts, each of which embraced twenty distinct sets of words. Col. Taylor was called to prove particular facts contained in one of the charges. It is not necessary here to discuss the propriety of ordering the questions to be reduced to writing, as that is the subject of the next article. Col. Taylor, without meaning any improper use of words was a witness on speculation; for no man has a higher respect for his character; but I bottom the remark on this circumstance, that several days previous to Col. Taylor's appearance, an affidavit had been drawn, on the part of Callender, for a continuance, in which the names of a number of material witnesses were stated; among which was an hon. member of this court (Mr. Giles) and gen. Mason, but in which the name of Col. Taylor does not appear. It appears that subpoenas had issued for three witnesses; two of which did not attend, for whom no attachment was prayed. Col. Taylor alone appeared; and the counsel were certainly ignorant at the time he was sworn, what he could prove. Mr. Hay has declared that neither Callender or his counsel knew what Col. Taylor could prove. Was it not correct in the court, under these circumstances, to ask what he could prove? Col. Taylor was produced, under an exparte order, it is said, that he could prove the twenty sets of words contained in the second count of the indictment. Let us to elucidate the conduct of the court, refer to the testimony of Mr. Robertson, a man distinguished for his geographical talent, which remains on
paper, which was drawn up at the time, and does not therefore depend on the frailty of his memory.
Mr. Robertson says, "The attorney for the United States having concluded, the counsel for the traverser introduced Col. Taylor as a witness, and he was sworn; but at the moment the oath was administered, the judge called on them, and desired to know what they intended to prove by the witness. They answered that they intended to examine Col. Taylor, to prove that Mr. Adams had avowed principles in his presence which justified Mr. Callender in saying that the president was an aristocrat—that he had voted against the sequestration law, and the resolutions concerning the suspension of commercial intercourse with Great Britain." This was then the object and view with which Col. Taylor was called on. What is the charge in the articles of impeachment? That the testimony of Col. Taylor was rejected "on pretence that the said witness could not prove the truth of the whole of one of the charges, contained in the indictment, although the said charge embraced more than one fact."
The charge in the indictment is that the president "was a professed aristocrat; that he proved faithful and serviceable to the British interest;" and Col. Taylor was called to prove that Mr. Adams had voted against the sequestration law, and the resolutions concerning the suspension of commercial intercourse with Great Britain. Was it competent to Col. Taylor to give evidence on this point? The best evidence the nature of the case will admit must be adduced. Col. Taylor then was clearly an incompetent witness on this point; as there was better evidence, the journals of this hon. body, within the reach of the traverser. It only then remained for Col. Taylor to prove that the president had avowed principles which showed him to be an aristocrat; which, if proved, would have been altogether immaterial. To prove no other facts was he called upon. Are then counsel to be indulged in consuming the time of courts in the examination of witnesses, who have nothing relevant to offer? Let us familiarise this to a common case. Suppose a man is indicted for stealing a horse. One witness deposes that he saw him go into the stable where the horse was; another saw him coming from the stable leading a horse; and another saw, an hour after, the man, with the horse, five miles off, felling him as his own property. This testimony will be admitted? But state the case the other way; that a witness was brought forward solely to prove the first fact; is there a court on earth that would say such testimony should be admitted? And this was the case here. Col. Taylor was called upon to prove what is altogether immaterial, a part only of one charge, or that which, if true, could be proved by better evidence. Are not, also, the court the exclusive judges of the competency of the testimony that shall go to the jury; & does not every day's experience shew us that evidence that is offered, but which does not go to the whole of the case, is refused? This is done by all courts at all times. But say gentlemen, was it possible for the court to know whether the questions offered to be put might not have led to other enquiries, and produced information of consequence? True, but on this ground no testimony ever could be rejected, because by possibility, it may lead to what is important. But, admitting the judge to have been wrong again ask, does an error of judgment in itself imply corruption? Most surely not. In the nature of things can it be so? To give credit to my honourable client but for a moiety of the talent allowed him, he must have seen that, even had he admitted the testimony of Col. Taylor, and admitting that it had justified the whole of the twelfth charge, there remained nineteen other charges, on which Callender must have been convicted. And whence this conduct towards Col. Taylor? Did not the judge know that Col. Taylor stood high in the esteem of a large portion of the community; and that umbrage offered to him would naturally excite the indignation of his friends? The decision given could not then flow from a corrupt motive. No. It was given in the firmness of his integrity. Had his motives been impure, had he viewed his conduct as wrong, instead of acting in this manly way, he would have put a gloss on his actions, he would have courted the reputation of forbearance by admitting the testimony of Col. Taylor, and would still have fatiated his vengeful feelings, if he had them, with a conviction on the remaining charges.
Let us examine another fact in this case, Judge Chase as appears by the statement of Mr. Robertson, requested the attorney of the United States to permit the questions to be put to the witness; but Mr. Nelson declared that he did not feel himself at liberty to consent to such a departure from legal principles." If then, in this act, there was error, that error did not depend on him. The prosecutor for the United States objected to the indulgence which he proposed. I do for myself believe, that where no evidence is offered to prove the whole of one entire fact, it is within the sound discretion of the court to refuse the testimony of part. But, notwithstanding this, the judge was willing to relax the severity of the law.
Is there nothing else that goes to shew that there was no intention on the part of the Judge to oppress the traverser? As I have already observed, if he had possessed but half the talent ascribed to him, he would have with such intention, gilded the pill. But he did not do so. Further the subsequent act of the judge in imposing so light a fine, and so short a period of imprisonment, for so atrocious an offence, when he had power to impose a fine of 2,000 dollars, and an imprisonment for two years, is indisputable evidence of his freedom from a sinister intention. No; the conviction flowed of necessity from the evidence, which was too powerful to be resisted. But did not the judge, in the integrity of his heart, declare, on rejecting the testimony of Col. Taylor, gentlemen, "I may be mistaken, but if I am not right, it is an error in judgment, and you can state the proceedings on record, so as to shew my error, and I shall be the first man to grant you the benefit of a new trial by granting you a writ of error, in the supreme court."
It is said, however, that this was a mere pretext; that a bill of exceptions would not lie in a criminal case; and what could then be done? The simplest thing on earth—a point of law can be saved without an exception. The court were not so ignorant as not to have respected this declaration, and to have known that they might under it, have saved the point, and taken the opinion of the superior court. The last in-
formed counsel can shew a multitude of cases of this kind. In the progress of my argument I shall shew why this offer was not accepted.
It does then appear to me, that, considering the third article as connected with the facts substantiated, the judge was perfectly correct in point of law in the decision he made. All must agree in the opinion that if the testimony of Col. T. had proved Mr. A. an aristocrat, it could not have justified the libelous matter with which the traverser was charged. If this is the fact, and no other evidence was offered that could be legally received, the rejection must have been perfectly correct. Supposing, however, that we are wrong on this point, there is still abundant evidence to shew that judge Chase was not influenced by any intention to oppress the accused, or to procure his conviction, because that unavoidably flowed from the nature of the charges and the state of the defence, whether the testimony of Col. Taylor were admitted or not.
In the course of my whole observation through life, I never heard it doubted till yesterday, that in a case of doubtful aspect, a man is to be considered innocent until he is proved to be guilty; But we are now told that whenever an infraction of a law is committed by a judge, he is to be presumed guilty, unless he establishes his innocence. But this is not the case, the benignity of our law is very different. If it were so, who, that possesses the ordinary frailties of humanity, would undertake in the judicial station to interpose between man and man. The law clearly is that a judge shall be presumed innocent until he is proved guilty, even when he decides against law; and that his errors shall be ascribed to the head, and not to the heart. This notice is due to the observation of an honourable manager, which struck me with great surprise, that Mr. Basset's request to be excused from serving as a juror arose from his sentiments being known by the judge. This, however, does not appear from the evidence. It appears, on the contrary, that he was a stranger to judge Chase, and that he did not wish to be excused. But in this prosecution we are not only to hear much new and extraordinary doctrine; but we are to hear statements of facts; for which there is no foundation.
I will now proceed to the 4th article, which contains five distinct specifications of facts as follows:
"That the conduct of the said Samuel Chase, was marked, during the whole course of the said trial, by manifest injustice, partiality and intemperance, viz:
"1. In compelling the prisoner's counsel to reduce to writing, and submit to the inspection of the court, for their admission or rejection, all questions which the said counsel meant to propound to the above named John Taylor, the witness;
"2. In refusing to postpone the trial, although an affidavit was regularly filed, stating the absence of material witnesses on behalf of the accused; and although it was manifest, that, with the utmost diligence, the attendance of such witnesses could not have been procured at that term;
"3. In the use of unusual, rude and contemptuous expressions towards the prisoner's counsel; and in falsely insinuating that they wished to excite the public fears and indignation, and to produce that insubordination to law, to which the conduct of the judge, did, at the same time manifestly tend;
"4. In repeated and vexatious interruptions of the said counsel, on the part of the said judge, which, at length, induced them to abandon their cause and their client, who was thereupon convicted and condemned to fine and imprisonment;
"5. In an indecent solicitude, manifested by the said Samuel Chase, for the conviction of the accused, unbecoming even a public prosecutor, but highly disgraceful to the character of a judge, as it was subversive of justice."
The word injustice in the preliminary part of the article must refer to Callender; the partiality charged must have been to the United States, I presume, and against Callender; the term intemperance is of such doubtful import, that it scarcely knows what to understand by it. It cannot be used as opposed to sobriety, as no one will charge the judge with a violation of this virtue. It may refer to his conduct to counsel, and perhaps to Callender. This conduct is said to have evinced, in the first place, "In compelling the prisoner's counsel to reduce to writing, and submit to the inspection of the court for their admission, or rejection, all questions which the said counsel meant to propound, to the above named John Taylor, the witness."
(To be continued.)
Just received, and for sale at RITCHIE and WORSLEY'S book store, Price one dollar and fifty cents.
A NEW SYSTEM OF
MODERN GEOGRAPHY;
OR a general Description of the most remarkable countries throughout the known world; their respective situations, extent, divisions, cities, rivers, mountains, soils and productions; their commerce, manners, customs and religions, together with their principal historical events and political importance in the great commonwealth of nations; compiled from the most modern systems of Geography, and the latest voyages and travels, and containing many important additions to the Geography of the United States that have never appeared in any other work of the kind, illustrated with eight maps, comprising the latest discoveries, and engraved by the best American artists, designed particularly for the use of schools. BY BENJAMIN DAVIES.
JUST RECEIVED,
And for sale at Ritchie & Worsley's book store: HISTORY OF THE CIVIL WAR IN IRELAND; containing an impartial account of the proceedings of the Irish Revolutionists, from the year 1782, until the suppression of the intended Revolution. To which is prefixed, a Geographical and Historical account of Ireland.
By the Rev. JAMES GORDON.
With copious Additions and Corrections from various authors upon this subject; particularly prepared for the first American Edition.
FOR SALE,
A very valuable Almanack. For term the Editor of the Enquirer. July 2. (tds)

European Intelligence.
NEW-YORK, June 29.
The ship Pomerania from London, arrived at this port yesterday, and has furnished the editor of the Mercantile Advertiser with a regular file of London papers to the 9th of May, and of Lloyd's Lists to the 7th, both inclusive. The papers are one day later than any previously received, but the intelligence they contain is of very little importance.
LONDON, May 9.
Private letters (by the last Hamburg Mail) from Peterburgh, mention, that the government is resolved in its determination not to accept the subsidy offered by Great-Britain. M. De Novosiloff, the Russian envoy to England, was on the point of setting off to Paris on a very important mission.
Sir John Orde's Squadron, on its way from Cadiz to join the Channel fleet, has excited considerable alarm amongst the shipping, and induced several vessels to return into port, which had passed the most dangerous part of their voyage. The Canada transport, with troops, is one of the ships induced to put back.
The West-India fleet, which sailed on the 20th ult. under convoy of the Ethalion frigate, and Serpent sloop of war, also fell in with Sir John Orde's Squadron, was prevailed upon to return into port, and is arrived at Cork. The next day the Commander of the Ethalion called a meeting of the several Captains, on board his ship, and informed them, that if, after all they knew, they were still desirous to proceed on their voyage, he would sail with them, provided they would sign a petition to him, stating that to be their wish. This being complied with, the trade protection, and were only out one day before the convoy thought fit to return, without any subsequent intelligence, or any additional reasons for so doing.
The Frigate cutter is arrived at Plymouth, with dispatches from the Fleet Squadron, and the fleet under Lord Gardner; she left the former on the 20th ult. and the latter on the 24th inst. The fleet under Lord Gardner at the time of her departure, amounted to thirty sail of the line.
Much activity prevails among the hostile flotilla on the opposite coast. On Monday about one hundred of their gun-boats were discovered off the sand hills flanking for Boulogne; they were supposed to be coming from Havre or Dieppe. Some of our cruisers immediately stood over for the purpose of intercepting them, and the Squadron at Dunkerque instantly got under weigh.
Accounts have been received from the Channel fleet, dated at Ushant, the 2d inst. at which time it had been reinforced by the ships, Minotaur and Illustrious, of 74 guns each.
The Glory, of 83 guns, is hourly expected at Spithead, with Admiral Sir John Orde on board. Orders have been sent to him to repair thither, and to take his flag.
Some certain accounts of Lord Nelson's fleet have at length been received. His Lordship, with six sail of the line, is ascertained by advices which have reached government, so far as Carthagena on the 13th ult. sailing for the Straights, on an unfavourable wind. The remainder of the Noble Admiral's fleet were not at that time far distant from him; and from the course in which he was left steering, little doubt can be entertained of his having received correct intelligence of the enemy. On the 12th, the Beagle sloop saw the Spanish Squadron eleven leagues to the westward of Cadiz; and, in the event of the wind becoming favourable for the British fleet to pass the Gut, there is every reason to hope that it would be able to come up with the enemy. Indeed, what with the chances of the weather, the extraordinary sagacity of pursuit, the superior skill of British seamen, and Lord Nelson's characteristic promptitude and perseverance, we entertain little or no doubt of a meeting, glorious, we trust, in its result, having long ere this taken place. The gallant chief of the British Squadron comes not within sight of the enemy without vigorously engaging them, and in that case, the hero triumphs, or survives not the combat.
It was yesterday reported that advices had been received of the French fleet having put to sea from Brest; but on due enquiry, we could not find that the rumour rested on any authentic foundation. The return of the West-India convoy to Falmouth, we believe, give origin and currency to the report, but this circumstance, we know, was occasioned not by any such advice having been received, but merely in consequence of the information communicated by Sir John Orde, of the Toulon and Cadiz Squadrons having put to sea.
We stated yesterday that an embargo had taken place on all vessels in the river, and that a great number of able seamen had been procured for his majesty's service. A warmer press was perhaps never known upon the Thames. By our port letters we find, that a similar expedient has been every where resorted to, and that the seamen thus obtained will enable government to make a very considerable and immediate augmentation to our naval force. These measures, it is supposed, will shortly be followed by the calling out of the levy en masse; and every practicable measure will immediately be resorted to for placing the country in the most respectable state of defence.
Government have received certain information that the enemy are determined to make every possible effort against this country; and hence have they resolved to adopt such measures as shall leave scarce anything to chance. The enemy having ventured their fleet to sea, are now daily encroaching their hostile preparations at Boulogne, the camp at which place has within the last fortnight been very considerably augmented; and our letters of yesterday inform us, that gun-boats are almost every day seen steering along the shore from different ports towards the grand depot. On Tuesday about 100 of them were seen coming from the westward; and a signal being hoisted, several of our cruisers went immediately in pursuit of them. That the enemy are now seriously intent upon invading our shores, we entertain not the slightest doubt; but we are no less confident, that, come when they may, they will find us in an ample state of preparation to meet them, and that the day of combat will prove a day of glory to Britain.
Accounts reached town yesterday from Plymouth, stating that advices had been received there by a neutral ship from Cherbourg, that on the 1st of May, a three and a two decker, full of troops, sailed from Rochefort; that an embargo had been laid on, eight days previous to their sailing, which was taken off on the 2d inst. the day on which the neutral vessel alluded to left Cherbourg.
The ship Savage capt. Delano, arrived at this port (at a late hour last evening) in 42 days from Liverpool. Capt. D. has obligingly favoured the Editor of the Mercantile Advertiser with London and Liverpool papers, and Lloyd's Lists to the 15th of May, inclusive. The following are the most important articles the papers contain.
LONDON, May 10.
ITALY, April 16.—We are now assured that the fleet of Lord Nelson has returned from Egypt to the neighbourhood of Toulon. On the 12th inst. a fleet was seen near Porto Manaro, on the Genoese coast, which was supposed to be English.
Some English regiments are expected at Malta. Advices were received at the Admiralty from Lord Gardner yesterday. The fleet under his Lordship's command consisted of twenty-eight sail of the line; the enemy were at anchor in Brest water, completely prepared for sea. The actual amount of their force is not stated, but it is supposed to be from 21 to 25 sail of the line.
The French, it is believed, have 12,000 choice troops on board, and our force will consist of 8,000 of our best men. The 8th, 42d, and 91d, it is said, are to form a part of the expedition, but it is not yet certain if this will be the case. The French announced their march to Cork on the 1st inst.
May 11.
Russia left about 3 o'clock a special
messenger arrived at the Secretary of State's office, with the treaty that has been so long in negotiation with the court of Russia, signed and in due form. This treaty is offensive and defensive, and some of the Northern Powers either are, or soon will be, parties to it. The public may now consider the war as only in its commencement.
Count Woronzow, the Russian Ambassador at this court, also received despatches on Thursday, brought by a Russian Courier, of the same nature as those alluded to above.
May 14.
It is yet undecided whether any detachment from the Channel fleet has been sent in pursuit of the combined Squadron; but we understand that Government have determined to send out such strong reinforcements to the commander in chief as may enable him to dispatch a number of vessels according to the exigency of any unforeseen and pressing occasion. The press, which is now carried with the greatest activity on the River, and in the out-ports, will be continued until every ship of the line either fit for service, or being equipped in a short time, shall have been completely manned.
The order for an embargo at this port was announced from the Custom-house last Thursday, on which day, and during the whole week, the press gangs have been indefatigable in their exertions. Persons of all professions, as well as seamen, have been occasionally taken, though many have been released on proper application having been made on their behalf. In the early part of the week about forty fishermen, just landed from a Dublin Packet, and who were proceeding up the country in search of employment, were pressed, and taken on board the tender. Since that, however, most of them have been liberated.
The falling of two French sail of the line from Rochefort, is confirmed by official dispatches.
PRICE OF STOCKS THIS DAY AT ONE O'CLOCK. 3 per cent. Cons. 57 7-8 58 1-8. Omnium 2 1-2 p.
Plymouth, May 12.—This morning arrived here the following ships from the Channel fleet: Dreadnought, of 98 guns; Temeraire, of 98; Illustrious, of 74; Minotaur, of 74; Mars, of 74; Ramillies, of 74; and Bellerophon, of 74. The rest of the fleet, consisting of twenty sail of the line, are gone to Torbay; they are come in to victual, and the utmost exertions are now being to get them ready for sea: a great number of soldiers are employed to assist in loading the lighters with stores, which are to be dispatched immediately for Torbay. The frigates attached to the fleet are left off Brest, to watch the motions of the French fleet, who, no doubt, will take the first opportunity that offers, for putting to sea.
Falmouth, May 6.
Arrived the Eolus American ship, Captain Treadwell, in 90 days from Norfolk; on her passage she spoke the following ships, viz. the Prussian ship Johan Federick, with lumber, from Wilmington bound to London, in lat. S. long. 49, out 63 days, and supplied her with provisions; and the American ship Eliza, of New-Bedford, from Charles-ton, for Liverpool, in long. 44, out 12 days, all well.
Plymouth, May 7.
Last evening arrived here the Danish brig Justitia, from Cherbourg. She brings an account of the falling of two French line of battle ships from Rochefort, on the 1st inst. they were full of troops, having been three days employed in embarking them, previous to their leaving that port. Their destination is not known, one of them is a new ship, lately launched at Rochefort.
Amsterdam papers, to the 4th of May, were received at this office, yesterday. They are a few days later than our previous dates; but contain, (with the exception of the following article) nothing further than the mere details of the various arrangements which are rendered necessary in passing the government of Holland, through one of the political changes, prescribed by Bonaparte.
LEIPZIG, APRIL 21.—With the acquiescence of a great Northern Power, a new project has been formed for the preservation of tranquillity on the Continent, and has been forwarded to Milan by a Courier. Endeavours are also being to remove the impediments to a peace between France and England. The above mentioned Northern Potentate it is true coincides with England in several points; but they are by no means agreed as to the future possession of Malta.
The latter is unwilling to lose the advantages which would result to her, on retaining that Island; and wishes at least to preserve there a decided influence. On the other side, this is not admitted; and the former status quo is insisted on. It is said that M. Von Novosiloff will again set out for London, with new powers and instructions, in order to promote the work of peace.
NEW-YORK, June 29.
The ship McIlvaine, captain Skidmore, arrived at this port last evening in 80 days from Nantes, having on board his excellency R. R. Livingston (late minister from the United States to the French Government) his lady, and suite. The vessel left Nantes on the 27th of May. Our Paris papers by her are to the 20th, inclusive, and would have furnished some interesting intelligence had not the most important part of their contents been anticipated by late arrivals from London and Liverpool.
We learn verbally, and by the papers in our possession, that Bonaparte arrived at Milan on the 8th May, for the purpose of being crowned King of Italy, and would pass through Brussels on his return; that the Brest fleet had not failed; that the existence of a treaty between Russia and Great Britain was not known in France; and that no new movements of consequence had taken place in any part of Europe.
Madame Jerome Bonaparte had arrived at Amsterdam, but was not permitted to land, and the ship was ordered to sail immediately destination not known.
Mr. Livingston is the bearer of bills drawn by the American minister at Paris on the treasury of the United States under the treaty of Louisaiana; and it is supposed that all the creditors under that treaty will receive their bills in the course of the summer.
The McIlvaine has on board 150,000 francs, in bills on the French treasury, for the relief of distressed Frenchmen in America.
In the suite of the American Minister are Mr. Peter R. Livingston and Mr. King, son of the Hon. Rufus King. Mer. Adv.
Capt. GIBBS, arrived here yesterday from Amsterdam, reports, that the ship, on board of which the lady of Jerome Bonaparte, was a passenger, had arrived at that place; that the pilots who had conducted her into port, had been arrested and imprisoned, for disobedience of orders, that a strong guard had been placed over the ship, and the strictest orders given not to suffer any person either to come from, or go on board her. These orders may be considered as coming from the Emperor Napoleon, and intended to prevent the landing of our fair countrywoman.
TREATY WITH RUSSIA.
Extract of a printed Circular Letter from a respectable commercial house in Liverpool to their correspondent in this city, dated
LIVERPOOL, 15th, 1805.
Since our letter of yesterday, we have received advices from London, stating that the Treaty with Russia, which has been so long depending, is said to be at last brought to a fore of conclusion. On Thursday a messenger arrived with a copy of it, ratified by the Emperor of Russia. It is deferred to be a treaty offensive and defensive, to take effect however only in certain events. The Emperor of Russia stipulates to
join this country with a certain number of ships, and with all his land forces against France, until Bonaparte agrees to certain terms of peace, in which the general interest of Europe shall be provided for. In order, therefore, to ascertain the views of Bonaparte on this subject, it is stated that a Russian Plenipotentiary is gone to meet him at Milan, and to offer the mediation of the Emperor Alexander for the restoration of peace. It is also understood that the treaty with Russia leaves room for the accession of other powers, and it is thought probable that Sweden will accept a subsidy. In consequence of this news, Corn and Flour are looking up, and the holders now ask higher prices; good Wheat would fetch in this market 15s. per Bushel of 70lb.
The Viper cutter, just come in, states, that on the 5th inst. she spoke with a Guernsey Privateer, which had been the French and Spanish Fleets, on the 2d inst. in lat. 44, long. 15 W. steering a S. W. course. This account rather favours the opinion that they are going to Ireland; but it is still generally believed, that a combined attack on our West India possessions, is the object they have in view. Mer. Adv.
West-Indies.
NEW-YORK, June 27.
Captain Tinker, of the brig Advers, informs us that a detachment from the French fleet succeeded in taking Diamond Rock previous to their departure from Martinique. [Merc. Adv.]
Several letters were received in Town on Tuesday from the West-Indies, which had been opened on the passage, and endorsed as follows: "opened by the commander of his Britannic Majesty's ship Lemercier." [Ib.]
JUNE 28.
Capt. Denike, in 15 days from St. Croix informs us, that news was received there the day before he failed, that the French had taken the island of Jamaica; that they landed 15,000 troops on the north side of the island, and marched to Kingston. Capt. D. received the above news from the American Consul just before he failed.
Capt. Denike further informs that on the 20th of June, he spoke the brig Nancy, out 19 days from St. Kitts, for Philadelphia, the Capt. of which informed, that when he left St. Kitts a large French fleet was off that place. Capt. D. is the bearer of dispatches for the British Consul. Ib.
FURTHER FROM THE WEST-INDIES.
Capt. Trefethen, arrived at the quarantine ground, on Saturday 1st. from Barbaterre, 22 days, informs, that on the 29th May, two French 74 gun ships arrived at Barbaterre, from Rochefort, who failed from thence in company with 5 other ships; and that the two ships, above mentioned, failed from thence on the 2d June, to join the grand fleet, at Trinidad, where it was presumed they had gone. Capt. Trefethen further informs, that the British Packet Earl of Leicester, was captured about 60 leagues to the westward of Barbadoes, by a French privateer, and sent into Guadaloupe.
From the above intelligence, it appears, that a reinforcement has arrived from France, for the purpose of joining the French and Spanish Fleets; that the period of commencing its contemplated operations against the British colonies was about the 1st June; and that Trinidad was marked out as the first object of their predatory speculation.
Other accounts from the West Indies, to the 30th May, state, that from the dispositions which had been made by the combined Squadron, it was probable they would direct their first operations, not only against Trinidad, but St. Kitts and St. Vincent. No mention is made of their designing an attempt against Jamaica; which is known to be well fortified, and would be gallantly and ably defended. These accounts also confirm the report, that the troops on board the Spanish fleet were in a very sickly condition.
The Governor of Barbadoes, has by proclamation of April 3, confirmed the permission granted in his proclamation of October 23d, to import all the articles therein enumerated (bonds excepted) into that island and neutral vessels, and from the U. States, until the 23d of October next. Among these articles are flour, provisions, and grain of all kinds.
The governor of Surinam has issued a proclamation to the same effect.
PHILADELPHIA, June 26.
  If all the accounts received are true, the number of ships of war in the West-Indies must be large; we have therefore thrown the whole together, that the total may be seen at one view:   At Martinico, first fleet, 13   Do. 2d, 14   Total, 27   At Barbadoes, under Bickerton, 18   At St. Kitts, 3   And at Jamaica, 11   Total, 32   To which add frigates, sloops, &c. 50   Total, 94   So that of the English, French and Spanish public ships of war, there must be in the West-Indies at least 90 or 100. 
Domestic Intelligence.
FARMERS BANK OF MARYLAND.
As the time is drawn near when the flock of this valuable institution will be offered for sale in the different counties of this state, whatever tends to explain the principles upon which it is to be established must be interesting, particularly to those who have wisely determined to give the Farmers' Bank their support; and they, I understand, are not a very small number.
The capital stock of the Bank is, one million two hundred thousand dollars, divided into 24,000 shares of fifty dollars each; eight thousand shares of which are reserved for the use and benefit of the state, whenever the legislature may think proper to subscribe for the same. The remaining shares are apportioned for sale in the following order; At Annapolis, for that city and Anne Arundel county, 2000; Baltimore city and county, 2000; Howard county, 640 shares; Frederick county, 1200 shares; Washington county, 200 shares; Allegany county, 400 shares; Montgomery county, 640 shares; Prince George's county, 640 shares; Charles county, 640 shares; St. Mary's county, 480 shares; Calvert county, 320 shares; Talbot county, 2000 shares; Dorchester county, 640 shares; Queen Anne's county, 640 shares; Caroline county, 400 shares; Kent county, 640 shares; Somerset county, 640 shares; Cecil county, 640 shares; Worcester county, 640 shares.
Every person at the time of subscribing must pay five dollars; the remaining forty-five dollars are to be paid by instalments of five dollars at the end of every thirty days, until twenty-five dollars have been paid up; and the surplus is payable in sums of five dollars each at the end of every three months, commencing from the last payment of thirty days.
No stockholder is answerable in his person or individual property for any contract which the
company may make, nor for any losses or failures of the Bank.
The affairs of the Bank are to be conducted by a president and eighteen directors; eight of whom with the president are to reside at Annapolis, and one in each county on the Western Shore; who are to be chosen by the stockholders annually. The Branch Bank is to be governed by fifteen directors and a president, eight of whom with the president must reside at Easton, and one director in each of the counties on the Eastern Shore.
These appear to be the prominent features of the act; in addition to which it may be necessary to add, that if any subscriber fails to make the second payment of five dollars at the time specified (that is, in thirty days after the first payment) he will forfeit the five dollars first paid; but no forfeiture can take place after the payment of ten dollars although no interest will be allowed to any stockholder who does not pay up the subsequent instalments, until he shall comply. Hence I take the liberty of recommending to all subscribers, whose convenience it may suit, to pay ten dollars at the time of subscribing; for by this means they will insure to themselves the shares for which they may have subscribed, and find accommodation in sending on their money to Annapolis or Easton, (as it must be understood, all payments subsequent to the first are to be made at those places.) This is a matter of great convenience, and so the legislature seem to have considered it, for by the act it is expressly allowed that "any person who may find it convenient, may, at the time of his paying his first, second, third or fourth instalment, pay up on his shares to the amount of twenty-five dollars on each share, and shall receive a dividend accordingly."
The great advantage held out to the agricultural and manufacturing interest lies in this; Any farmer, mechanic, or manufacturer in the state, on applying to the directors of the Bank, and giving reasonable personal or landed security, may have a cash account opened for any sum not less than one hundred dollars and not exceeding one thousand, which the bank will loan for six months; and in the mean time, the person who borrows the money may pay into the Bank any sum not less than fifty dollars, and the Bank will give him credit therefor, and deduct a proportional part of the interest.
Another advantage peculiar to this Bank is, that any person may deposit money therein, and if deposited for six months certain, an interest of four per cent. per annum will be allowed him; and even when deposited with the condition that it shall be drawn on demand, three per cent. will be allowed.
With principles so extensively liberal both to those who have money to deposit and to those who are obliged to loan, it would be a singular fact in the history of our state if the Farmers' Bank should not meet with encouragement; from the agricultural part of the community in particular. To men who have large possessions in land, but who are frequently pinched for cash, the institution must be of unbounded benefit: To the farmer, who at particular seasons does not wish to make a forced sale of the produce of his fields and farm-house the fruits of his labor, it must be not only convenient, but extremely advantageous: And to the mechanic, whose business frequently requires the indispensable aid of a small sum in ready money, this Bank will be "a friend in need." Republican Advocate.
The Farmer's Bank of Maryland, of which the preceding description has been given, is principally intended to promote the convenience of manufaturers and farmers. And of course it differs from the ordinary banking institutions, in these three respects: 1st: It loans money to every person whatever, who can give the necessary security for its repayment, whether he lives in the neighbourhood of the Bank or not; 2ndly: this security is not to consist of negotiable notes, drawn upon the faith of responsible names, but of personal or real property; 3rdly: the period of repayment is not to be limited to 2 or even to 3 months, but it is to be extended as far as 6 months. Whilst our sincere regard for the farmers and manufacturers of our country would induce us to wish well to every institution which is intended to promote their interests, still we cannot conceal our apprehension that the Farmer's Bank of Maryland is not likely to experience the expected success; & for the following reasons:
It is one of the plainest maxims of the banking system, that no bank can safely issue more of its paper, than what it has money enough in its coffers at any time to take up. From what source then let us ask is the money of the Farmer's Bank expected to come? From the payment of its capital? By the charter however no subscriber, unless he pleases, is to pay more than 10 dollars on each share: Should he come however to this resolution, the bank itself by allowing him a credit of 6 months for a sum short of 1000 dollars, enables him to pay in almost all the subsequent instalments out of his own funds. "A great part of the proprietors (says Adam Smith speaking of a Bank of Scotland, that was created on somewhat similar principles) when they paid in their first instalment, opened a cash account with the bank; and the directors thinking themselves obliged to treat their own proprietors with the same liberality with which they treated all other men, allowed many of them to borrow upon this cash account what they paid in upon all the subsequent instalments. Such payments, therefore, only put into one coffer, what had the moment before been taken out of another." Is it to come from the repayment of the loans? Then such repayments will be evidently distant and they are even uncertain. Distant they will be, because every customer of the Bank is to be indulged with a credit of six months; and uncertain they must be, because they will depend upon the produce of the land, the demand for manufactured work, and all those diversified casualties which may occur within the period of 6 months.—Still its "coffers (it may be said) will be easily replenished by raising money upon the securities of those to whom it has advanced its paper." Experience however will soon convince them as it convinced the directors of the Scotch Bank, "that this method of raising money was by much too slow to answer their purpose."
In the mean time, those very causes which make their money resources so small, will increase the run upon them for money. The original seams of their capital and the flow returns of the sum lent out will diffuse a suspicion of the stability of the establishment: few persons will be willing to keep by them a considerable sum in their paper; and there will be a constant return of it upon the Bank, to be exchanged for gold and silver.
Having thus little money in its coffers, and being in continual want of it, the Bank will be reduced to the obvious dilemma; either of endangering its existence by an excessive advance of its paper, or of limiting its dealings to a very narrow compass. The fate of the Scotch bank assures it, should it pursue the first course; which after a precarious duration of two years at length found itself bankrupt with £. 200,000 of its notes in circulation, and a debt of £. 600,000. But should it pursue the last, the profits of its trade, besides paying the necessary expenses of the establishment, would
scarcely leave a dividend equal to the interest of the real capital. At no distant day, therefore, it may be predicted either that the value of the stock will fall beyond any reasonable ratio on account of the small dividend which is paid upon it, or that the bank being incompetent to take up its own notes must inevitably perish, while not even the amount of the debts due to it or the securities that were pledged for their payment can redeem it from its fall. It will be no relief to the Bank, that it may have all the lands in the neighbourhood under a mortgage; that the amount of this security may be much greater than the amount of its notes in circulation: so soon as it is unable to give gold and silver for them, immediately upon their being presented for payment, the credit and the dealing of the Bank must inevitably expire. A private individual may continue his business even though his coffers have been emptied for a considerable time, if he can make his customers believe that his real property is amply sufficient to guarantee the performance of his contracts. But the virgin credit of a Bank, can never survive even such a suspicion. In the case of the bank of England, indeed, such a stoppage in its payments was not accompanied by the ruin of the Bank; because in this case the suspension of its monied payments was both authorised by an act of parliament, and its funds are so various and extensive, they are so firmly pledged upon the very faith of government, and comprehend so much of the scrip of the public debt, that no reasonable man can indulge an apprehension of its ultimate solvency, or even of its rapid return to monied payments.
The nature of this security furnishes an additional objection to the use of such banking institutions. If an ordinary bank loans money, the operation is extremely simple and unexpensive. The form of a negotiable note is already made out: filling up the blanks with the proper dates, sums and names, and endorsing it, requires no elaborate attention or professional skill; and the directors have only to determine whether the names are sufficiently creditable, and the process terminates with the payment of the money. In the farmer's Bank the security is more various, and the operation is expensive. Should a farmer, for instance, offer his land to the directors as the security for his debt, they cannot prudently consent to take it under a mortgage before they have instituted an enquiry into his right to the land; and a lawyer must be employed to examine the title deed, and to draw out the necessary writings. A gentleman has assured me that the expense incident to these arrangements in some of the Banks of Malta, chuffs, was not less than 13 1-2 per cent. Will the farmer then be willing to incur so heavy an expense, even should the bank be willing to receive their land under a Mortgage? B. E.
FROM THE AMERICAN CITIZEN.
Of constitutions, governments, and charters.
The people of Pennsylvania are, at this time, earnestly occupied on the subject of calling a convention to revise their state constitution, and there can be but little doubt that a revision is necessary. It is a constitution, they say, for the enrolment of lawyers.
It has happened that the constitutions of all the states were formed before any experience had been had, or could be had, on the representative system of government; and it would be a miracle in human affairs that mere theory without experience should start into perfection at once. The constitution of New-York was formed so early as the year '77. The subject that occupied and engrossed the mind of the public at that time was the revolutionary war and the establishment of independence, and in order to give effect to the declaration of independence by Congress it was necessary that the states severally should make a practical beginning by establishing state constitutions, and trust to time and experience for improvement. The general defect in all the constitutions is that they are modelled too much after the system, if it can be called a system, of the English government, which in practice is the most corrupt system in existence, for it is corruption systematised.
An idea also generally prevailed at that time of keeping, what were called, the legislative, the executive, and the judiciary powers distinct and separated from each other. But this idea whether correct or not, is always contradictory in practice; for where the consent of a governor, or executive, is required to an act before it can become a law, or where he can by his negative prevent an act of the legislature becoming a law, he is effectually a part of the legislature and possesses full one half of the power of a whole legislature.
In this state (New-York) this power is vested in a select body of men composed of the executive, by which is to be understood the governor, the chancellor, and the judges, and called the council of revision. This is certainly better than vesting that power in an individual, if it is necessary to vest it any where. But it is a direct contradiction to the maxim set up, that those powers ought to be kept separate; for here the executive and the judiciary are united into one power acting legislatively.
When we see maxims that fail in practice, we ought to go to the root and examine if the maxim be true. Now it does not signify how many nominal divisions, and subdivisions, and classifications we make, for the fact is, there are but two powers in any government, the power of willing or enacting the laws, and the power of executing them; for what is called the judiciary is a branch of executive power; it executes the laws; and what is called the executive is a superintending power to see that the laws are executed.
Errors in theory are, sooner or later, accompanied with errors in practice; and this leads me to another part of the subject, that of considering a constitution and a government relatively to each other.
A constitution is the act of the people in their original character of sovereignty. A government is the creature of a constitution; it is produced and brought into existence by it. A constitution defines and limits the powers of the government it

But the very intention, essence, and principle of annual election would be destroyed, if any one legislature, during the year of its authority, had the power to place any of its acts beyond the reach of succeeding legislatures; yet this is always attempted to be done in those acts of a legislative nature called charters. Of what use is it to diminish legislators for having done wrong if the wrong is to continue on the authority of those who did it? Thus much for things that are wrong. I now come to speak of things that are right, and may be necessary.
Experience shows that matters will occasionally arise, especially in a new country, that will require the exercise of a power differently constituted to that of ordinary legislation; and therefore there ought to be an article in a constitution defining how that power shall be constituted and exercised. Perhaps the simplest method, that which I am going to mention, is the best; because it is still keeping strictly within the limits of annual elections, makes no new appointments necessary, and creates no additional expense. For example,
That all matters of a different quality to matters of ordinary legislation, such for instance, as sales or grants of public lands, acts of incorporation, public contracts with individuals or companies beyond a certain amount, shall be proposed in one legislature and published in the form of a bill with the year and name after the second reading; and in that state shall lie over to be taken up by the succeeding legislature; that is, there shall always, on all such matters, one annual election take place between the time of bringing in the bill and the time of enacting it into a permanent law.
It is the rapidity with which a self-interested speculation, or a fraud on the public property, can be carried through within the short space of one session, and before the people can be apprised of it, that renders it necessary that a provision of this kind, unless a better can be devised, should be made an article of the constitution. Had such an article been originally in the constitution the bribery and corruption employed to seduce and manœuvre the members of the late legislature in the affair of the merchant's bank, could not have taken place. It would not have been worth while to bribe men to do what they had not the power of doing. That legislature could only have proposed, but not have enacted the law; and the election then ensuing would, by discarding the proposers, have negatived the proposal without any further trouble.
This method has the appearance of doubling the value and importance of annual elections. It is only by means of elections that the mind of the public can be collected to a point on any important subject; and as it is always the interest of a much greater number of people in a country to have a thing right than to have it wrong, the public sentiment is always worth attending to. It may sometimes err, but never intentionally, and never long. The experiment of the merchant's bank shows that it is possible to bribe a small body of men, but it is always impossible to bribe a whole nation; and therefore in all legislative matters that by requiring permanency differ from acts of ordinary legislation which are alterable or repealable at all times, it is best that they pass through two legislatures and a general election intervene between. The elections will always bring up the mind of the country on any important proposed bill; and thus the whole state will be its own council of revision. It has already passed its veto on the merchant's bank bill, notwithstanding the minor council of revision approved it.
COMMON SENSE.
New-Rochelle, June 21, 1805. We once more hail with delight, the calm and speculative labours of COMMON SENSE. If ever there was an author who may be said to write directly to the understandings of a nation, that man is Thomas Paine. No one has yet learnt the happy art of condensing more appropriate thought into the same space, or making it communicable to such a variety of readers. His is the curious felicity, which either discovers new truths on every subject, or accelerates their discovery by interesting the curiosity and exciting the enquiry of others.
In the present essay, these powers appear to uncommon advantage from the uncommon utility of the subjects on which they are employed. No discussion in politics can be so truly important as those which relate to the theory of government, constitutions and charters, and these are the questions which Mr. Paine has selected as the subjects of his present meditation. I can confidently declare that I have not for a long time perused a single essay of equal extent which comprehends so great a scope of original and valuable thought.
His theory of the departments of a government goes immediately to the bottom of the subject. There are but two departments in any government, the power of willing or enacting the laws, and the power of executing them. But under which of those departments, it may be asked, does the treaty-making power come? Can it be under the first, since there is so essential a difference between a treaty and a law; as the first requires two nations to enact it, and it regulates the intercourse between their respective individuals; while the second is completed by one nation, and generally regulates the relation between its own individuals? Still a treaty is a rule which determines the conduct of the people after it has been made, as much as a law of their legislature, and it may therefore be called by the same name. Indeed the constitution of the U. S. makes the two words synonymous, when it declares a "Treaty to be the supreme law of the land." The treaty-making power is thus properly entitled to the name of legislative power.
Should it then be entitled (it may be asked) to the discretion of the ordinary legislature? or is it now in the federal government, to the executive? Policy perhaps would dictate, that the initiation of all treaties should be entrusted to the executive, who can preserve a more profound secrecy, and exercise greater vigilance than a large body of legislators; but that the ultimate adoption of them should be left to the discretion of the legislature. May we not, en passant, demand why the treaty-making power in the United States has never been finally settled by an amendment to the constitution? Not only as it now stands, does it give the President and Senate the exclusive right of making treaties, but the house of representatives are even deprived of the right of examining the propriety of the appropriations necessary to carry it into effect, by the celebrated precedent of Jay's execrable treaty. What period can be more proper than the present—when our country is in a calm and dispassionate state, for settling these & all contested interpretations of the constitution by appropriate amendments?
By a "department of the government" then, Mr. P. does not mean a particular organ, but an abstract function, which may be distributed among several organs: as the legislative power, for instance, in Pennsylvania or New-York. Mr. P. among other suggestions seems anxious to employ the time canon in passing certain laws, as the constitutions of some of the states require to be observed, when it is proposed to amend them: where shall always one annual election take place between the time
of bringing in the bill and the time of enacting it into a permanent law." This expedient is indeed not only recommended by the argument of Mr. P. (that such a bill would invite the enquiry of the people), but it may be also added that this delay would contribute to the information of the representatives themselves.
One more idea, and we shall close these desultory and hasty remarks. A bold and reforming spirit is now prevailing the union. The "friends of the people" in Pennsylvania are at this time earnestly occupied on the subject of calling a convention to revise their state constitution." The same spirit seems to have passed into some of the other states. Mr. Paine's essay is the first pledge, which has been exhibited in the public papers, that similar exertions are to be made to amend the constitution of New-York. It is time therefore that we should begin to devote more of our reflections to the theory of government, and to the structure of our different constitutions. For the purpose of assisting such enquiries, we shall publish in a short time a View of the Federal and state Constitutions reduced to comparative Tables, and accompanied by critical and explanatory notes. A scheme of this sort has lately been published in a pamphlet by William Smith of S. Carolina, whose criticisms lose much of their value from the influence of his federal principles. From this source of mistake, our remarks will fortunately be exempted. E. E.
NEW-YORK, June 29.
Accounts from St. Jago de Cuba state, that several American seamen, to the disgrace of their country, have deserted from their respective ships in that port, and entered on board French privateers, for the purpose of cruising against American commerce; Among them are named, David Hayes and Loveland Staples, of Connecticut; George Watson, of the Olive Branch, of Massachusetts, and Andrew White, of the Sch. Betty, of Providence.
CAPTURE OF STORESHIP.
Captain Smith, of the Sch. Mobilitate, confirms the account before received of the sailing of the French and Spanish fleet from Martinique. Capt. Smith, on the 16th inst. was boarded by the British frigate Cambrian, on a cruise, and received the following information: The ship Hurreurs of Wiscasset, from the city of Washington bound to the island of Madera, with stores for the American navy, was captured 18th of June, in lat. 37, long. 74, 10, by the Spanish Sch. Mary Anthony Launi, master, carrying 8 guns and 80 men; the ship was captured on presence of her being bound to an English port with naval stores. They put the whole of the ship's crew on board the privateer, leaving only the captain and boy, and intended to keep by the ship and carry her into Porto Rico. On the 2d June she fell in with the Charles Carter, from Wilmington N. C. bound to Falmouth, Eng. and made a prize of her, and took out most of her crew. On the 9th of June, at 6 A. M. in sight of Bermuda, fell in with three armed ships, supposed to be English letters of Marque; two of them bore down upon the prize ships and recaptured them, and the other fired on the privateer and chased her a short time, but could not overhauling her and gave up the chase. The privateer had then 22 American seamen on board, which number was quite sufficient to have taken her, but they were all except two or three confined in the hold. She kept away for Porto Rico, intending to make prizes of every thing that came in her way. On the 15th June, lat. 30, 9, long. 63, 24, saw the English frigate Cambrian and swoop of war Driver to the leeward. The privateer dropping them to be English gunmen, immediately bore down for them, and came nearly within gun-shot of the Driver before she was aware of her mistake. It being then nearly calm, the privateer took to her sweeps in order to make off, the frigate and Driver endeavoured to pursue her and have several shots over her, but could not overtake her. They then hoisted out their boats four in number, and full of men well equipped, and rowed up to the privateer and after a warm action of half an hour, took possession of her with the loss of two brave men and two or three wounded. The American seamen were put on board the Cambrian, and the privateer and Spanish prisoners were sent into Bermuda with the Driver. Merc. Adv.
CHARLESTON, June 22.
The French privateer Schooner Matilda, capt. Griffin, from Guadalupe, arrived off our bar yesterday. The Matilda captured on the 16th June, in lat. 33, 30, long. 75, 30, the American brig Comet, John Chelton, Master, owned in Norfolk by Mr. William Pennock, and bound there with a cargo of Coffee from Jeremie; also Schooner Imperial, Nicholas Everston, Master, of and for Baltimore from Jeremie, with Coffee, on the 14th June, in lat. 33, 5, long. 75, 15; and the British brig Clyde, Capt. Kollock, from St. Thomas for Liverpool, with a full cargo of Coffee. The privateer is a large Schooner of nearly two hundred tons burthen, last from Guadalupe, had a complement of 180 men when she left it, and is reported to have now 120 men & mounts 13, 9 and 6 pounders. Capt. Chelton, late master of the brig Comet, of Norfolk, and Capt. Kollock of the Clyde, are now prisoners on board. Times.
JUNE 24.
The privateer Schooner Matilda, captured yesterday morning, an English privateer Schooner from New-Providence, 4 days out, after a chase of 6 hours. The English privateer mounts one large gun and four caronades.
NEW ORLEANS, May 7.
On Saturday last, Gov. Claiborne, being informed that the legislative council had completed the business before them, attended them in the hall of deliberation; after he had been some short time present, he rose and delivered the following speech:
Mr. President, and Gentlemen of the Legislative Council, A committee of your honourable body having acquainted me, that you had considered and exercised your legislative authority on the various subjects which required immediate attention, and believing myself, that the public interest will sustain no injury by a short recess, I come now to prorogue this assembly.
Permit me to hope, gentlemen, that the acts, which you have passed, will prove conducive to the objects which we have all in view, the general welfare—of the merits of laws, however, experience is the only infallible test. The result of your labours will, as speedily as possible, be laid before our fellow citizens, and the public functions will proceed immediately to the execution of the laws. Their defects will not escape the observation of the judicious citizen or enlightened magistrate; and it will devolve on the legislature to provide the requisite amendments. To enable us to perform this duty with promptitude, I shall again, at an early day, avail the territory of your faithful public services;—I therefore declare that the legislative council is prorogued until the 23th day of June next.
Receive, gentlemen, the assurances of my great respect and esteem, accompanied with my best wishes for your prosperity and happiness. Wm. C. C. CLAIBORNE. New-Orleans, May 4, 1805.
NEW-ORLEANS, May 14. This Morning, at 8 o'clock, His Excellency, Governor Claiborne, and suite, accompanied by the honorable Judge Hall, Gen. Dutille, and Maj. Norr, set out for the different counties, to see the new judicial system properly organized. He will probably be absent two weeks—and the trip will be a relaxation from the arduous duties of his office. N. O. Gaz.
A letter from a gentleman in New-Orleans to his correspondent in this city says: "The report of the day is, that measures have been taken to dispose of the Spaniards of the lands between the Rio Perdido and the Mississippi, and that officers had been sent to different ports to execute these measures." The same letter adds: "I have just seen the Marquis de Casa Calvo, who tells me that Governor Claiborne's communications to him are of the most pacific nature—and that he (the Governor) had given instructions to repress any tumult or disorder that might take place." At the close of the letter it is stated, "A letter is received by the mail from Baton Rouge, which says an attack was expected to be made on the Port—so that you will perceive the idea expressed in the beginning of my letter is prevalent in that part of the country." N. Y. Paper.
HERKIMER, (N. Y.) June 13.
Passed through this town on Wednesday last, His Excellency William Hall, late of Massachusetts, on his way to Detroit, to commence the government of the Michigan Territory, of which (as before noted) he has been appointed governor by the president and senate of the U. States. He was attended by his family, and by Stanley Griswold, esq. late of Connecticut, secretary of the territory, and his family—all in good health.
The Enquirer.
RICHMOND, 5th JULY, 1805.
The petition of the Roman Catholics of Ireland, it seems, has been in discussion before the Parliament of Great-Britain, and "there is reason to suppose (adds the new-paper) that it will terminate unsuccessfully for the petition." Should such be the result, we shall then see one more link of that endless chain of corruption and impolicy, which has been forged and riveted upon the nation by their boasted constitution; upon that "most stupendous monument of human wisdom." Spanish armed vessels, captured without the slightest declaration of a war; the wisest and best politician in Great-Britain, Mr. Fox, shut out from the administration of affairs, because a single individual, called a king, would have it so; a long, ruinous and expensive war, prosecuted by the existing minister without any ostensible object or without any hope of its accomplishment; five millions sterling appropriated for the avowed purpose of subsidizing mercenary troops; the second officer under the crown lately convicted of speculating with the public monies contrary to law, or conniving at the speculation of his agents: Such are a few among the many enormities, which have flowed from the present administration, and from the constitution under which they pretend to act. And now we behold at least 3ths. of the people of Ireland about to be excluded not from the privileges of a religious toleration, but from an equal participation of civil rights on the ground of religion; that out "from all the honours and offices of trust and emolument in the state, from all corporate offices whatsoever, from all military and naval preferment, and even from the lowest offices & franchises in the city or town in which they reside." They are shut out too not from motives of state policy, which may sometimes justify the sacrificing of the interest of a final to that of a large body of the nation; but because a superstitious and irreligiously individual has taken up the idea that such an admission would violate the promise of his inauguration oath taken 40 years since to support the established church as it existed at that time. Still such an idea would have been nugatory, if the constitution had not also given him the power to carry it into effect in the house of Commons. He controls the prime minister; his minister obtains a majority of the votes in the House of Commons by places, by pensions, or by the influence of his friends in the boroughs; and still the Catholics of Ireland are called upon to worship this boasted constitution, as the "most stupendous fabric of human wisdom."
Among the other interesting articles of foreign intelligence, which are contained in our last New-York papers, we are told that "the ship on board of which was the lady of Jerome Bonaparte, on her arrival at Amsterdam from Lisbon, had a strong guard placed on board of her, that the Dutch pilots, who conducted the vessel from the Texel, were imprisoned. Such are the measures thought necessary to evince displeasure at a marriage, which conferred honor on a Bonaparte." What then is to become of our fair and unfortunate country-woman? Is she destined to be the queen of France like the fabled island of Calypso, upon which a haughty and indignant sovereign shall forever forbid her to land? Is she to seek an asylum during the period of her account among the gallant Englishmen? Is she to return to Lisbon? Or is she to measure back her long and tedious way over the ocean? We know not. Wherever she wanders, may her tutelary genius lead her to a more lucky and appropriate asylum, than when it conducted her into the arms of a Bonaparte?
Why, for the situation of this lady are we unable to indulge that degree of sympathy which is due to the distresses of most other women? It is because we necessarily confound the effect with its cause. It is because the regret which such a hymeneal engagement is calculated to inspire, weakens and dilutes our regard for the consequences which it produces. We would wish to see our country-women equal to our men in the republican disinterestedness of their sentiments. Why should they ardently desire to comfort themselves with noble or princely blood? Why when a man presents himself before them, gifted with no extraordinary genius, or artificial attainments, should their hearts flutter with the hope of conquest; because his name is that of a Bonaparte, and because his brother is the soi-disant Emperor of France? It is one of the maxims of a monarchy; that a prince only can match with a prince; we should be sorry indeed and indignant that any citizen was to be found, who was not equally disposed to make it one of the maxims of our republic.
By a late arrival at Baltimore, we are furnished with "a list of American vessels captured and sent into Jamaica between the 8th of April and 20th May," out of which, 3 had been taken by the French and retaken by the British; whilst the remaining 10 bound for different ports and freighted with valuable cargoes, had been captured and carried in by British cruisers! Of these, 5 had been already tried and condemned by the court of Vice-Admiralty; and the rest were likely to meet with a similar fate.—Thanks to the uniform policy of the British government, we have no occasion at this late time of day to
acquire any new information about the lawless capacity of British cruisers, or the no less infamous injustice of their courts of admiralty! Thanks to that experience by which we have so grievously suffered, we have at least discovered that the British monarch "is the curse of his own people, the tyrant of the ocean, and the source of the world!" The present war cannot however last for ever; and when the period of pacification comes, we shall see the same tedious and disgusting scenes renewed, which succeeded the last war. Commissioners will once more be appointed by the two governments; a list of violations will be laid before them; and after months of tiresome and laborious enquiry, our Merchants will at last obtain some indemnification for their vessels and cargoes.
We must reserve our views of the affair of Europe and of the W. India fleets, for a subsequent paper.
TRIBUNAL OF CONCILIATION.
The administration of justice is a matter of peculiar importance in all of the United States: particularly in Virginia where our present system has been so much complained of and so often attempted to be improved; and more especially at this time in Pennsylvania, where the same complaints of imperfection have prevailed, where the labours of reformation have assumed a more effective form, and where the attempt to extend them to a greater variety of objects has contributed to bring the legislature and the governor into a disagreeable collision with each other, and to divide the republicans into two hostile parties. Among those changes which their political reformers have partly succeeded in introducing, and which they are now attempting to consummate, not one is of more extensive importance, than the introduction of a new tribunal for adjusting the contending claims of individuals, "in cases of trespass and damages, as well as in cases of debt and contract." Whilst the governor, the judges, the lawyers and all the advocates of antiquated institutions have avowed their approbation and extended their support to the whole routine of courts of law, their multifarious forms, their counsellors, their numerous, learned and disciplined judges, a new circle of speculative politicians has appeared, who would limit the superintendence of the courts of law to comprehensive or complicated cases, and would introduce the simple expeditions and unexpensive system of arbitration for deciding all cases of subordinate importance.
Whoever meditates for a moment upon the construction of such a contrivance, must perceive the vast variety of modifications of which it is susceptible. The organization will be infinitely diversified, by the different modes of appointing the arbitrators, the nature of the cases which are submitted to their decision, the formality which are to be observed in the proceedings of the fair, and the conclusive or conditional obligation of their verdicts upon the contending parties. Beginning with the simplest and ascending to the more authoritative forms of this system, the following modifications may be made successively to appear:
1st. The two parties may agree to refer their contention to any persons whatsoever whom they may please to select without binding themselves to acquiesce in their decision. Or 2dly. they may previously enter into an arbitration bond, to abide by this decision, which is to be enforced upon the delinquent party by the regular process of the law. 3rd. They may agree to refer their suit to such arbitrators as the government itself may select, whose judgment is neither to be enlightened, nor obscured by the pleadings of disciplined lawyers, and whose decree is not to be obligatory upon the parties, until it has obtained their own approbation; or 4th. it is made to be obligatory by their having previously consented to submit to its decrees. 5th. The powers of this tribunal may be placed above the direction of the parties. Instead of requiring their uncontrolled consent to submit their cause to its decision the law may invest it with this authority while it compels the plaintiff to seek redress from its influence, by shutting up every other tribunal against him. 6th. The third case may be varied by giving them permission to employ the regular practitioners of the law: 6th. And the 4th: may be varied by the addition of the same feature. We have now arrived at a stage of the comparison when the difference between the two systems intensely vanishes in regard to the organization of the two tribunals. Let any one combine together all the circumstances of the 6th case, and he will at once discover that instead of a tribunal of arbitration, we have in fact described the entire structure of a court of law, save only the multiplicity of the forms, which it employs, with the tediousness and prolixification of its ultimate decree. He will also perceive the variety of modifications which we might have imparted to these different cases, from the greater or smaller variety of its forms; or the greater or smaller number of cases, which might be submitted to the arbitrators.
Which of these various organizations, would be most favourable to a cheap and speedy administration of justice; or whether the present complicated mechanism of legal codes and regular tribunals is superior to them all; we have neither a sufficient acquaintance with the theory and practice of the law, nor with the consequences of the arbitration system, sufficiently to determine. For our own part, we do not hesitate to express a high degree of approbation for the plan of the Danish "tribunal of conciliation" as Catteau describes it in the following paragraph; a plan which the reader will find little difficulty in reducing under its proper case. One truth at least is not to be disputed: that the nation, which ties itself down to all antiquated institutions, can never expect to soar up to the most elevated improvements.
From the present state of Denmark, by Catteau, 1802.
"The TRIBUNAL OF CONCILIATION, established since 1795, is composed of the most intelligent and respectable men in the vicinity; and its sessions are private. It is competent to determine upon a great number of civil questions; and if both parties agree to the arrangement proposed by the court, its decree is registered, and has legal authority. If the parties cannot be brought to agreement by the amicable interference of the mediators, they are at full liberty to prosecute their suit in a court of justice. All the proceedings of the Tribunal of Conciliation are upon unstamped paper, and they cannot be protracted longer than fifteen days in the country; & eight days in the town, unless both parties consent to a longer delay. The expenses, which do not exceed three shillings, are not payable but in case of reconciliation. During the three years preceding this institution, there came before the courts of law, 25,521 causes; and, for the three years following, 9,658, making the astonishing difference of fifteen thousand eight hundred and sixty-eight lawsuits. The idea of this court was taken from the Dutch, among whom it likewise produced the most happy effects. And when we consider what an important point it is, that there should be time for disputants to cool; the strong probability there is, that four or five impartial men from the vicinity will take a right view of the case, and the reluctance that any man must feel to embark his reputation and property in opposition to their opinion, we cannot entertain a doubt of the beauty and importance of the invention. It is hardly possible, that should be had justice which satisfies both parties; and this species of mediation has no validity, but upon such condition.
It is curious, too, to remark, how much the progress of rancour of Francis the natural sense of justice; it appears that plaintiff and defendant were both satisfied, in 1,588 causes. If all these causes had come on to a regular hearing, and the parties been inflamed, by the evidence and publicity of the quarrel, we doubt if there would have been one single man out of the whole number who would have acknowledged that his cause was justly given against him."
PENNSYLVANIA POLITICS.
No republican can contemplate the present phase of Pennsylvania politics without the sincerest regret. He must lament that at a time when so important a question is brought into view as a change in the constitution of the state, a new question should happen to occur, comparatively narrow in the range of its consequences, but eminently interesting to the feelings of the people: a question, which from concurrent causes is so capable of blending itself with the first, of exciting feelings & involving interests, that are most unfeignedly & involuntarily interwoven. Does the constitution of Pennsylvania need any amendments? Is the qualified negative of the governor upon their laws, his excessive patronage of places, his continuance in office for three years, worthy of reprobation and change? Ought the judges to be made more dependant upon the legislature? Is the administration of justice less sure, cheap and expeditions, than the circumstances of the times will permit? Ought the duration of the senatorial appointment to be abridged? All these are most important questions. They relate to the fundamental principles of a republican government, and they are interesting to all as well as to a single state. They would admit & they at the same time demand a cool and unimpassioned investigation. How much then ought we to lament that this temper of mind should be interrupted and destroyed by a mere local & adventitious question. What has gov: McKean to do with the constitution of Pennsylvania? What mighty merit is there about him, that this constitution should in its most important principles stand or fall with him? What extraordinary benefits are to flow from his reelection, that are able to atone for the opposition which it has excited to some most important & serviceable amendments?
We lament in the second place, that these questions should not have merited enlistment on opposite sides, the Federalists and the Republicans, men who have hitherto formed very different views of the administration of our government; but that they should have divided even republicans themselves. We had hoped that so long as a Federal minority retained their mischievous schemes, with the slightest prospect of success, the republicans would have presented to them a firm and undivided phalanx, and if no more honourable motive could operate upon them that despair at least would induce all but their discontented leaders to desist from their machinations.
How much then, must we lament in the third place, that these hopes of a distant resurrection should receive the feeblest encouragement not only from the division of the republicans of Pennsylvania from the manner in which their disposition has been conducted. We grieve to behold that violent suspicion of political purity & that violent denunciation of opposite thinkers, which has gone forth among them. Clay and Dallas, Israel and Heister, have alternately assailed their principles and their motives. One is portrayed as a party of malcontents: the other of federalists in the fictitious garb of republicanism. Mean while the federal party are exulting at the division which already exists, and now and then throw in a new brand to exasperate the violence of the flame.
Lastly, we lament that any occasion should exist for the slightest combination between the federalists and the smallest fragment of the republican party. We lament more particularly that this combination should take place at a time when a strong animosity already exists between the two republican parties, and when a proportionate degree of attachment is likely to bind those together, who labour in a common cause. We cannot suppress all the constitutionalists of Pennsylvania of federal or quiddical views; for many of them we believe to be animated by a conscientious conviction that the constitution and the governor ought to remain as they are; but they certainly stand in a most awful and perilous condition. Let them beware lest their present combination with the federal party should not gradually cool the fervour or extinguish the generous glow of republican principles. Federalism is not less subtle than it is malignant. Whatever it touches, it contaminates. Like the Philistine courtesan, it steals into the embraces of the unwary to contrive new plots for the accomplishment of their ruin. Let them even beware that an identity of views and sympathy of feelings do not bind them together like the members of the same family. Once connected with the federalists, it will be next to impossible to cut loose every bond which unites them, and to recover their original vigour.
An article, having some time since appeared in the Richmond Enquirer, inferring from the contents of an English print, that the late treaty between this country and Great-Britain had been renewed for one year, we have made inquiries, which justify us in believing the inference to be entirely incorrect. An act, we understand, has passed the British parliament, re-enacting, in whole or in part, the provisions of the statute originally passed for carrying the treaty into effect. It is probable that this circumstance occasioned the error, which the federal prints have seized with avidity as a pretext for libelling the consistency and character of the administration. Unfortunately, however, for them, no such treaty has been formed, nor do we believe that any overtures to form such a treaty have on our part been made. It is presumable, from the passage of the above noticed act, that a disposition exists on the part of Britain to renew the provisions of Mr. Jay's treaty. Nat. Int.
By virtue of a deed of trust, executed to the subscriber by William Davis, to secure the payment of a debt due William W. Hening, as expressed in the said deed, now of record in the county court of Albemarle, will be exposed to public sale on the premises, on the tenth day of August next, one LOT, with its appurtenances, in the town of Charlottesville, number twenty; or so much thereof as will be sufficient to satisfy the amount of the said debt as now due, as in the said deed is mentioned, together with the costs of advertising and attending the sale. JOHN KELLY, Trustee.
By virtue of a deed of Trust, executed by Mr. Rufus Soule, to the subscribers for the benefit of Alexander McRae, esq. they will, on Saturday the third day of next month (August) at one o'clock P. M. on the premises, proceed to sell for ready money to the highest bidder, (for the purposes in the said deed expressed) the LOT and improvements thereon at present occupied by the said Soule, near Mr. Crouche's old Tavern, on the front leading by the governor's up Shock Hill—Immediate possession will be given, and an indisputable title will be made by Alexander McRae who held the Lot and Soule, and the Trustees will join in the conveyance. WILLIAM DU-VAL. MAURICE L. MILLER. July 5.

THE YAZOO SPECULATION.
CONTINUED.
The second head of discourse which we proposed to state—is the tenure by which the country, embraced in the scope of the Yazoo Speculations, has been and is held.
This comprehends a great variety of incidental rights and titles, some peculiar to the United States.
 1. Those that appertain to the relations that exist between the aborigines and the United States.  2. Those that relate to the former possessors in right of war or treaty.  3. Those which peculiarly depend on the principles and laws of the confederation. 
The first of these collateral objects of enquiry, in itself alone, contains a principle fatal to the pretensions of the speculators. This is founded on the rational principles of morality and on the founded principles of received law, that the Dominium Verum , or the real property of the soil is in the community that is the first and actual known possessor. (See Millar on Banks p. 165, and a dissertation on the ambiguity of the English constitution, part 3.) What lawyers denominate the fee simple , can be derived only from those who possess the Dominium Verum , or real property; or in other words, the sovereign authority of the state can alone alienate the title to the soil or to any part of it. Those barbarous doctrines are now scouted from civilized society, by which the colour of a complexion, or a tenet of faith, deprived one class of human beings of their natural rights, and vested in another the privilege of usurping whole regions of the earth, and despoiling and ravaging nations. The Spaniards who first invaded the countries of Florida and Mississippi, assumed to themselves the sovereignty of the soil, and the right to exterminate the natives. Their tenure was recognized indeed by their successors, the French and English; but under the more benign auspices of a republican government the barbarous tenure has been spurned from us, and the rights of nature recognized in the descendants of the primitive occupants of the soil. To the eternal honor of the American republic, possessing the power to conquer, and to exterminate, the power has not been deemed justification of its exercise: the maxims of peace and civilized liberty have superseded force; instead of the edge of the sword and the tones of cannon and musketry, they have been courted as men, treated with as equals, and accommodated with the means of social comfort and civilization instead of havoc and murder.
Applying these glorious attributes of republican policy and justice to the principles of right, as involved in the case of the Yazoo region , the government of the United States, has recognized by treaty, and by repeated purchase, the Dominium Verum in the aboriginal natives of the land, and from them obtained the fee simple or a more enlarged right, a transfer of the sovereignty.
It was a part of the earliest policy of the confederation, arising out of experience and the circumstances of the country, that special care should be taken to guard against disputes between states, concerning territory.—Hence by Art. IX. of the confederation, under which the revolution was achieved, special provision vested the determination of any such differences in the supreme power of the confederation, § 2 and 3.
In the federal constitution established after the individual commonwealths had been organized in peace, under their several constitutions; the same spirit of general conservation is found in Art. IV. § 3. It provides for the admission of new states; but declares that no new state shall be erected within the jurisdiction of the old, &c. without the consent of the legislatures of the states concerned as well as of congress. That congress shall have power to dispose of and make needful rules and regulations, respecting the territory or other property, &c. and nothing to prejudice any claims of the U. S. or any particular state.
It was uniformly understood during the revolution that the lands which were not in occupancy of the United States at the revolution, but within the limits defined at the peace of 1783, were still subject to the authority of the aboriginal natives, and that although a right was recognized by foreign nations in the United States to the absolute sovereignty, that in relation to the U. States, this title amounted only to a presumption in favor of the United States, and to an exclusion of all other powers who were parties in the contract.
In the language of the law, we obtained not the fee but the exclusive right to purchase. The Dominium Verum was in the Indian tribes, and to it still continues to be; the treaties concluded every year with the Indian tribes, recognize their original and substantial sovereignty, and their abandonment of such parts as they cede in the received usage of sale and transfer by the most solemn deeds—and for a valuable consideration.
Numerous treaties might be referred to on this subject, but as the laws of the United States are to be had everywhere, a reference will be made to such only as especially apply to lands, part of which are embraced in the Yazoo Speculation . By a treaty concluded on the Holston river on the 2d of July 1791, between the Cherokee nation and the U. States, it is established and declared, that the Cherokees place themselves under the protection of the U. States and of no other foreign power whatever; and they also stipulate that the said Cherokees shall not hold any treaty with any foreign power individual or state, but the U. States Art. 9. By Art. 4, the Cherokee claim is extinguished forever to certain lands described, a sum stipulated as the value thereof to be paid annually, for which they "recede, quit-claim, relinquish and cede," the land described forever. By Art. 7. "The United States solemnly guarantees to the Cherokee nation all their lands not hereby ceded." Art. 8. Any person settling on the Cherokee lands shall forfeit the protection of the U. S.
Another treaty was concluded in this city in June 1794, reinforcing the treaty of Holston; another at Tellico, 1798, besides treaties one at New-York in 1790, and another at Cottleine in 1796.
A treaty was concluded with the Choctaws, another powerful nation of Indians, at Hopewell, on the Koowee river in 1786—which contains among other corroborative provisions and stipulations, the following—it defines art. 3, the boundary at 31 degrees N. latitude, exactly the southern boundary of the Mississippi territory (in which the speculations are embraced) procuring for the U. S. three tracts of 6 miles square each, for trading ports.
A treaty was concluded in 1786, with the Chickasaws, another nation living within the same territory.
A treaty was concluded at N. York in 1790, with the Creek, another nation occupying possessions in sovereign right, a part of this territory; and all these treaties determine that the several nations of Indians, in virtue of the fulfilling relations of protection, and alliance, cannot hold any treaty with any individual state nor with individuals of any state.
From these treaties we determine these important principles. 1. That the Indians are recognized as a sovereign power. 2. That they are precluded from treating with any sovereign power, state, or individual, without the consent of the United States. 3. That there are any treaty or compact entered into by the Indian nations, parties to these treaties, they must be null and void. 4. And that any treaty, compact, or purchase made or pretended to be made without the sanction of both parties must be null and void—and particularly any contracts made by citizens of the United States.
From these principles thus established, it follows, 1. That had there been a legitimate authority in the state of Georgia, to treat with any individuals for any part of the soil of the state of Georgia, it could not treat for any part which was unceded from the Indians. 2. That the Mississippi territory to whomsoever belonging, was not redeemed from the Indians. 3. That neither Georgia nor the Indians had, at any time, power or right to sell or cede to any other state or persons, than the United States, any part of that territory—Finally, that the speculation of the Yazoo
was fraudulent in its foundation, as well as iniquitous in its design and progress—and that no right to the fee existed in the state of Georgia; that the right in the fee actually vested in the Indians subject to an exclusive pre-emption on the part of the U. States, to redeem and purchase the soil and the sovereignty from those who held the territory in dominium verum : That all contracts with Georgia, or any law or pretended law, for the sale of any lands so circumstanced, even were there no corruption of the legislature, was no better than a law passed to vest in the Yazoo speculators, the fee in the soil in a region of the moon.
(To be continued.)
ACCOUNT OF THE MAHRATTAS.
The events which are taking place in India naturally excite a desire to know something of the Mahrattas. To gratify this desire, we have selected the following account of them from Taylor's Letters on India.
U. St. Gaz.
"The Mahrattas were but little noticed as a military people till the day of Shivajee, of the race of the Odiipour Rajahs. In the year 1664 this leader sacked the famous city of Surat, and established himself at Poona, as the capital of his empire. He repeatedly attacked and routed the imperial army of Aurengzebe. The inauguration of this great man, who was to become the father of a race of kings, and the founder of a great empire, took place in the year 1674 at Rajagur, where he formally assumed the title of Rajah.
"It is not to our present purpose to enter into a minute detail of the usurpations and revolutions which have taken place since that period. It is merely my intention to show the extent and population of the Mahrattas country, its resources, and military strength.
"The whole of the dominion, thus newly established, is of vast extent, stretching near 1200 miles along the frontiers of the late Tippoo, and the Nizam, in a north-east direction from Goa, on the Malabar coast, to Balasore in Orissa, adjoining to Bengal; and from thence north-westerly 100 miles more, touching the confines of the British and allied states, on the borders of the Ganges and Jumna, to the territory of the Sikhs at Panniput, rendered famous in 1761 for the last memorable defeat sustained by the Mahrattas in their ambitious contest for empire with the united declining power of the Mahomedans. From this place, in a southerly course, with a great encroachment on the old eastern boundary of the Rajepoot country of the Ajmere, it runs about 260 miles to the little Hindoo principality of Kotah, and thence south-westerly 540 miles to the extreme point of the Southab of Guzarut, at Duruka, including the whole of that fertile province; from whence, along the sea coasts of Cambay and Malabar to Goa, the distance may be reckoned 800 miles. Thus the overgrown empire of the Mahrattas may be said to extend east 19 degrees of longitude, near the parallel of 22 degrees north latitude, from the mouths of the Indus to those of the Ganges, and about 13 degrees of latitude north, from the Kistnah to Panniput; comprehending at least an area of 400,000 square geographick miles, being considerably more than a third part of Hindostan, including the Deccan, and equal, perhaps, in dimensions, to all the British and allied states in India, with those of Golconda and Mysore taken together.
"The revenue arising from this great extent of territory is not so great as might reasonably be expected; it is computed, on the best calculations, to amount to sixteen crores of rupees, or sixteen millions sterling. The estimated force is 210,000 horse, and 44,000 foot. The computation is as follows:
   Crores Lacs Cents. Inf. Total.     Paishwa 4 40,000 20,000 60,000   Dowlut Row Sindia 6 60,000 30,000 90,000   Bouneela 3 50 50,000 100,000   Holker 1 50 30,000 4,000   Guyacqueer 1 — 30,000 30,000  
Total 16 Crores. 210,000 64,000 274,000
"The cavalry consists of four classes:  1st. "The Kaffey Pagah, or household troops."  2dly. "The cavalry of the Sella-daurs."  3dly. "The volunteers; and  4thly. "The Pindarces, or Looties."  "The infantry are divided into regular and irregular.
"The artillery is in a wretched state, and in general, under the direction of a principal officer, who employs as many renegado Europeans as can be induced into the service.
"The Kaffey Pagah, or household troops, are termed Baurgeers, and receive a monthly pay of eight rupees. Their horses are purchased and maintained at the expense of government.
"The Sella-daurs are an establishment extremely curious, and unknown in any country whatsoever. They breed the horses for the use of the Mahratta cavalry, and receive thirty-five rupees per month for each horse they are able to furnish. It is no uncommon thing for a Sella-daurs to commence his career with a single mare, and in a few years to furnish thirty or forty horses for the service of the state. He is under no tie or obligation to any particular chief, but seeks employment wherever he can find it. The Sella-daurs selects for his purpose a place best suited to his plan; the more sequestered, the better he is satisfied. In the midst of a secluded jungle, he rears his horses under the management of his family, while he repairs to camp with whatever number he can spare. His stock is yearly increasing; for the brood-mares are carefully kept at home for the intended purpose. By this extraordinary attention to the propagation of this noble and useful animal are the Mahrattas enabled to bring into the field those almost innumerable bodies of cavalry which sweep the country, and, like a torrent, carry every thing before them.
"The volunteers are those individuals, each of whom brings his horse, and receives from the Great from forty to fifty rupees per month, according to the value of the animal.
"The Looties, or Pindarces, are the plunderers who serve without pay, and who trust to their depredations for subsistence. This horrid set of unfeeling wretches carry fire and sword wherever their malignant fars direct, and leave no room for future spoil; neither age nor sex is spared, and friend and foe are equally obnoxious to their fury.
"The Kaffey Pagah are armed with matchlocks and cimeters; the Sella-daurs and volunteers with long spears and crooked sabres. The Looties are not choice in their arms. Each provides himself with a weapon best suited to his views or fancy. It will here be observed that the horsemen are chiefly Hindoos, because it is esteemed the most honourable service.
"The infantry are divided into the regular battalions, the Nezibs, or matchlock men and the Arab Beyraks.
"The regulars are exercised in the manner of the company's troops, and commanded by European officers; but they cannot be said to be altogether uniformly clothed, neither are they very exact in their discipline.
"The Nezibs, or matchlock-men are quite irregular in their discipline, and under very little controul in the time of action; and the Arabs, although extremely brave, defy all subordination.
On, and only yield to the orders of their own chief; their mode of warfare is desultory, but very troublesome to a regular army; for they act as riflemen, and are as daring as they are expert.
"The best infantry of the Mahrattas are neither inhabitants of the Deccan, nor of any part of the Peninsula of India; they come from Hindostan, and are chiefly of the Rajapoot or Purvia casts. They are commonly termed Purdafees, which signifies strangers, or people not belonging to the Mahrattas. The pay of a foot soldier, or Sepoy is from six to nine rupees per month.
"The Mahrattas divide their army into three divisions. The light troops and rocket men are put in advance, under the command of the holder of the jerrypat, or grand federal flag, a post tantamount to that of commander in chief. This division is termed the Cherrypoude. The centre division called the Brechlahkar, is a body of reserve unencumbered. The rear division, which the Paishwa commands in person, contains the park of artillery, and protects the stores and baggage of the army, denominated the Boonga.
"The principal object of the military achievements of the Mahrattas is predatory collection; every act is influenced by avaricious motives, and their whole system depends on depredation and conquest. Commerce by this means is neglected, but agriculture is encouraged; for it is not till after the Deserah, or grand festival of the Mahrattas, by which time the lands are tilled, and the seed is in the ground, that the hostile tribes assemble together, when they determine on the plan of devastation. They are never at a loss to find pretexts for supplying the exigencies of the state, and enriching the Brahmins of the empire."
Miscellaneous.
FROM THE N. Y. EVENING POST.
A Poem has lately been published in Salem entitled the Power of Solitude , in two parts, by J. STORY, which by the delicacy of its sentiments, and melody of its verse, promises to obtain for the author a very considerable share of applause. The design of the work, lays the writer, is less to exhibit descriptions of rural life and local scenery, than to mark the influence of solitude upon the passions and faculties of mankind. He begins with recounting the pleasures of retirement, and undertakes to show that the tender and sublime emotions of the soul when reposing in the shades of solitude are derived from that principle of association and sympathy which nature has implanted in the human breast. The Poem begins—
O'er the dim glen when autumn's dewy ray Sheds the mild lustre of retiring day, While scarce the breeze with whispering murmur flows To hymn its dirge at evening's placid close When awful silence holds her fullien reign, And moonlight sparkles on the dimpled main; Or thro' some ancient, solitary tower Dipose loose shadows at the midnight hour: Whence flows the charm these hollowed scenes im- part,
To warm the fancy, and affect the heart? Why swells the breast, alive at every pore, With throbs unknown, with pains unfelt before? Why turns the restless glance on every side In grateful gloom, or melancholy pride! Touched by quick SYMPATHY's mysterious spring Thought's airy sprites in many circles wing, On the fine nerves impress a trembling thrill, And more obedient to the wakeful will Till memory's trains in swift succession rise, And round RETIREMENT blend harmonic dyes.
Another observation of the Poet is that social scenes are incapable of affording consolation to the heart in the unfortunate incidents of life, in disappointment, sorrow and despair.
The lovely maid, whose native virtues flow Chaste, as the airy web of printless snow, If in sad hour, the prey of treacherous toil, Her rifled honour fall some plunderer's spoil, How keen the hope to hide from public fame Her deep contrition and ingenious shame! Where'er she turns, the circled circle prevail, In files reproaches, and in liners affail, And, like some troubled ghost, in thin disguise, The pointed insult meets her downcast eyes. In vain may eloquence in mercy plead To spare the person, yet detest the deed, Ungenerous censure dooms to deadlier woe The wretch, who suffered, than who dealt the blow.
Poor wandering outcast, tho' with arrowy sway Imbittered memory haunt the fatal day, When life's bright visions with pollution fled, And virtue sickened with the tears she shed; No more returned the scenes of festive mirth, When youth and fancy cheered the social hearth, Or, tript with truant steps the verdant heath, To watch the funbeam, as it blushed in death: Yet shall meek SOLITUDE with temperate sway Gild the deep shade, and light the closing day, Lull the keen pangs, thy bleeding breast that tore, And hallow transports, life can ne'er restore.
* This Poem is now for sale at the Book-Store of EZRA SERGEANT, in Wall-Street.
ANECDOTE OF VOLTAIRE.
[Who does not perceive, that the following Jeu d'esprit displays the true genius of Voltaire; ever ready in its resources, wittily in the combination of his thought illustrating the most trifling occurrences by philosophical principles, and even animated by his hatred to tyrants?]
In 1743, at the third or fourth representation of Merope, M. de Voltaire observed a defect in a part of the dialogue. On his return from the Marchioness du Chatelet's house, where he had supped, he corrected the faulty part, made a packet of his corrections, and ordered a servant to carry them to the Sieur Paulin, a very worthy man, but a very moderate actor, whom Voltaire had educated, as he used to say, with great care to play his tyrants. The servant observed to his master that it was past midnight, and that it would be impossible to awaken M. Paulin at that hour. "Away," replied the author of Merope, "tyrants never sleep."
Condorcet's Life of Voltaire, Vol. 2.
VIRGINIA.
At a Superior Court of Chancery held at the Capitol in the city of Richmond, the sixteenth day of March, one thousand eight hundred and five—
Between John Street, Plaintiff, And Archibald Gracie, Daniel Anderson & Defendants. William Twitty,
THE defendant Archibald Gracie, not having entered his appearance and given security according to the act of Assembly, and the rules of this court, that he is not an inhabitant of this country; on the motion of the plaintiff, by counsel, it is ordered that the said defendant do appear here on the first day of the next September term, and answer the bill of the plaintiff; and that a copy of this order be forthwith inserted in some newspaper published in the city of Richmond for two months successively, and posted at the front door of the capitol in the said city.
A Copy, Teste, P. TINSLEY, C. C. May 3.—e22m, R.
BENJAMIN STETSON,
INFORMS his friends and the public in general he has for sale, 400 gallons Holland's Linseed Oil, White Lead and Spanish Brown ground in Oil, Patent Green ground in ditto, Verdigrise and Spanish Brown, dry; 8 by 10 Window Glass, & Putty; 2d, 3d, 4d, 6d, 8d, 10d, and 20d Nails, two Casks Spike Nails, Bar Iron, German and Blistered Steel; general assortment of Iron Hollow Ware; 10 Hhds. Molasses, French Brandy, West-India and New-England Rum, Tea, Coffee, Loaf and Brown Sugar, Chocolate, Mens, fine and coarse Shoes, Ladies Kid & Morocco and Leather Slippers; 8 Boxes Cotton and Wool Cards assorted; half pint and quart Tumblers, small invoice elegant cut glass, stone ware, German Ozenburgs, 30 facks Salt, Novascotia Grind Stones, and many other articles in store, which he will sell cheap for cash or country produce. April 2.—1aw12m.
WILLIAMSBURG HUSTINGS COURT,
May 27th, 1805.
ORDERED that notice be given for four weeks in the Enquirer, printed in Richmond; That this court will on the fourth Monday in July next, proceed to the settlement and distribution of the estate of John Ferguson, deceased, committed to the hands of Philip Moody late Sergeant of this City for administration.
A Copy, Teste, WILLIAM RUSSELL, C. C. Williamsburg, June 25. (eF4w.)
ABSCONDED,
The second time, in the month of February:
JACK, sometimes known by the name of Jack Ash. He is upwards of 50 years of age, a gardner by profession, rather under the middle size. He was purchased of Lewis Burwell's estate in January 1804. He is well known in and about the city of Richmond, Amelhill, in the county of Chesterfield, where he has a number of free connections, and in the neighbourhood of Williamsburg.—Tis very certain that he is lurking about one of the above places, most likely Richmond, where he has a free woman for a wife. Mr. William Rose is authorized to give a reward of THIRTY DOLLARS on delivery of the above Jack Ash to him. May 31. [Ref]
VIRGINIA, to wit.
At a Chancery District Court, held in the City of Williamsburg the 6th day of April, 1805:
Jethro Darden and Stephen Hooker, surviving partners of Elisha & Jethro Darden and Stephen Hooker, Plaintiffs, Against
Oxley and Hancock, Defendants. THE Defendants not having entered their appearance and given security according to the act of Assembly and the rules of this court, that they are not inhabitants of this country, on the motion of the plaintiffs, by their counsel, it is Ordered, That the said defendants do appear here on the first day of the next term, and answer the bill of the plaintiffs; and that a copy of this order be forthwith inserted in some newspaper of the City of Richmond, for two months successively, and posted at the front door of the former capitol in this city.
A Copy, Teste, ANTY ROBINSON, C. C. (F2m) Wt. May 17.
VIRGINIA.
At a Superior Court of Chancery held at the Capitol in the city of Richmond the 23d day of March, one thousand eight hundred and five—
Between James Brown, Plaintiff, And Edward Dudley, Mary Payne, Aaron Fontaine and John Hancock, Defendants.
THE defendants Mary Payne, Aaron Fontaine and John Hancock, not having entered their 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 they are not inhabitants of this country; on the motion of the plaintiff, by counsel, it is ordered that the said defendants do appear here on the first day of the next September term, and answer the bill of the plaintiff, and that a copy of this order be forthwith inserted in some newspaper published in the city of Richmond for two months successively, and posted at the front door of the Capitol in the said city.
A Copy, Teste, P. TINSLEY, C. C. M.R. May 3.—e22m.
BENJAMIN DUVAL,
AT THE SIGN OF THE GOLDEN MORTAR, RICHMOND,
HAS just received a very large and extensive assortment of fresh MEDICINES, SURGEON'S INSTRUMENTS, DRUGS and DYE-STUFFS, PAINTS of all kinds, OIL, VARNISHES, PUTTY, &c.
Also a complete assortment of HATTERS' MATERIALS, CONSISTING OF
  Hatters' Irons  Crude Tartar    Logwood  Bacon Irons    Coppers  Bow Strings    Viridegrease  Linings    Fulfil  Galoons    Spanish Indigo  Taffet Bands    Oil of Vitriol  Rubbing Dishes    Aq. Fortis  Stampers    Quickilver  Trenchers, &c.  
Which added to his former stock, completes an assortment that was never equalled in his line of business, in this city.
He thanks his customers for past favors, and hopes to merit a continuation of their custom. His former attention to the quality of his Medicines, importing them in their crude state, that he might be able to judge of their quality, and powdering and preparing them under his immediate inspection, have contributed to his present establishment; and opposition he presumes will not relax his exertions to give general satisfaction in future.
His experience for more than 12 years past, as Apothecary and Druggist in this city, added to a small flock of Medical Information acquired before, enables him, he thinks, to form a tolerably correct judgment as to the quality of Drugs and Medicines, although he cannot boast of honors conferred on him, greater than the confidence of numerous and respectable customers.
In regard to his wholesale prices, he promises to furnish each of his wholesale customers with a printed price current, as soon as possible, and feels himself confident in their approbation, knowing that no one in this state can afford to under-sell him. This he intends to do, not to get others' customers from them, but to secure his own.
Any articles that may be ordered, and not approved as to quality, may be returned if in good order, and in a reasonable time. June 7. (3w&tf)
BROKER'S OFFICE.
THE subscriber informs the Citizens of Richmond and the public in general, that he has taken the house, next door to Mr. William Austin's, lower end of the Bacon, where he transacts the BROKERAGE and COMMISSION BUSINESS in all their various branches. From his general knowledge of business, aided by his attention and solicitude for the interest of those who may please to favor him with their commands, hopes to participate in the confidence of a generous public. He pledges himself that no exertions of his shall be wanting to give the utmost satisfaction.
GEORGE WILY. (epf) June 18.
VALUABLE PROPERTY.
The subscriber desires to dispose of his business in this place as soon as possible, is induced to offer for sale, the following valuable property, viz.
A CONVENIENT two story dwelling house, 24 feet square, having one room and a passage on the lower floor, two rooms on the second floor, and two good rooms in the garret, a cellar with plank floor, and divided into three apartments, one used for cooking; the yard inclosed with a brick wall seven feet high, the whole in good repair. This tenement is situated near the Bell-Tavern, on the cross street leading to the Rock landing, and is insured in the Mutual Insurance company, against fire in the state of Virginia, and the premiums paid.
Eleven unimproved half acre Lots, on Shockoe-Hill. 600 acres Military land in Kanawha county, on the waters of Oldtown creek, a branch of Ohio river, being a grant made to George Muse, Adam Stevens, Andrew Lewis and others, in the year 1772.
35 tracts of Land in Montgomery county, containing 32,172 1/2 acres, the whole patented in my name, viz.
4000 acres surveyed 3d April, 1786 in Montgomery county, on Cole river.
3080 acres surveyed 24th July, 1786 in same county, on 16 mile creek, adjoining the late General Washington's survey on Kanawha river.
8062 1/2 acres surveyed 23d July, 1786, in same county, on Loop waters, waters of New-river.
1000 acres surveyed 18th May, 1786 in same county, on the Ohio river.
9210 acres surveyed 5th April, 1786 in same county, south of a creek running into Cole river.
2138 acres surveyed 21st February, 1787 in same county, on Cole river.
920 acres surveyed 3d February