Virginia Argus (Richmond, Va.), 1807-05-27 00:00:00

VIRGINIA ARGUS
[XVth YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1366.]
RICHMOND:—PRINTED (ON WEDNESDAYS AND SATURDAYS) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
[Four Dollars Per Annum—paid in Advance.]
WEDNESDAY, MAY 27, 1807.
[12 1-2 Cents Single.]
Richmond Price Current.
   (CORRECTED WEEKLY.)     TOBACCO, $ 5 25 to 5 75 CASH.   WHEAT, - 1 8 do.   FLOUR, superfine, - 5 75 do.   FLOUR, fine, - 5 25 do.   CORN, - 4 50 do.   HEMP, clean, (per ton) 130 00 do.   IRON, - 120 00 do.   BAKON, - 14 do.   WHISKEY, - 50 do.  
THE FAMOUS HIGH BLOODED ENGLISH HORSE
Hambleton,
Bred by the Duke of Grafton, a beautiful bright bay, near 16 hands high, of high form and elegance, rising 16 years old, in good health and great perfection, imported by Wm. Lightfoot, Esq., of Charles City county, and now his property, will stand the ensuing season, at Temple Hill, on Michim's river, in Amherst county, ten miles above Charlottesville, within one mile of German's mill, and two miles of the Brick Tavern to cover mares at 6 guineas the season. For which a note will be required, dischargeable by the payment of 20 dollars, at any time before the 1st of August next, when the season will expire, with one dollar to the groom for each mare, paid at the stable door. Ten dollars the single leap, and 40 dollars to insure a mare with foal. Good and extensive pasturage, well enclosed, with branches running through the land, affording as good forward pastures as any in this part of the country, gratis. Servants that may be sent with mares will be boarded for two dollars per week, and mares fed, if required, on reasonable terms. The utmost attention paid and care taken to prevent accidents, but will not be responsible for any that may happen. Any gentleman putting five mares to Hambleton, may send one gratis.
JAMES KINSOLVING, For William Lightfoot.
February 24th, 1807.
PEDIGREE.
Hambleton was got by Dungannon, sire of Bedford and one of the best sons of O'Kelly's famous Eclipse, who was esteemed to be the best horse in England of his day, and covered at fifty guineas—his dam by Snap, sister to Jupiter, bred by Mr. Cross, 1793—her dam (Young Marske's dam) by Blank, Stirling, Miss Meynell, by Partner, Greyhound, Curwen, Bay Barb, Lord D'Arcy's Arabian, Whitskirt, Old Montague mare. Thus it appears he descended from the best running stock in England.
PERFORMANCES.
This horse ranks very high as a racer, both for speed and bottom, as he proved successful in 20 races before he left the turf, 4 of which he walked over, none venturing to start against him. In 1794, at Hambleton, Yorkshire, on Wednesday, May 14th, he won a sweepstakes of ten 25s. each, for 3 year olds, 6 subscribers. Two miles, beating Mr. Bethel's b f by Magnum Bonum, Pierce's b f by Young Marske, Turner's Confederacy, and Graddock's ch c Leicester. At York he won 50l for 3 year olds, beating Lowther's b c Griffin, Crompton's ch c Ambush, Shepherd's Malcar, Clifton's b c Cedar, and Garforth's ch c even betting on Ambush against the field. At Manchester, in June, he won 50l for 3 year olds, two mile heats, beating Foreigner and Loyalist. At Stockton, September 20th, he won a sweepstakes of 20s. each, 5 subscribers, then Sir H. Williamson's property, formerly Mr. Hutchinson's beating Field's Highlander, out of Wren, and Turner's Delphine. In 1795, Hambleton won 5 times, to wit: a handicap plate of 50l two mile heats, at 4 year olds, beating Insect, Blacklegs and Watkins' b c 5 years old. At Edinburgh, July 20th, he won his majesty's plate of 100 gs 4 years old, 4 mile heats, beating Gregson's b h Archer, 6 years old, Mr. Peacock's ch g Farmer, and Mr. Wilson's Creeping Kate. At Dumfries in October, he won 50l beating Lord Darlington's b m Constant. In 1796, Hambleton won at Kelso, 5th October, a purse of 50 gs beating Mr. Bailor's Black Cock. In 1797, he won 8 times, to wit: at Middleham, in Yorkshire, a sweepstakes of ten 25s. each, 5 subscribers, 3 mile heats beating Merry Lad and Arthur. At Edinburgh, on Wednesday the 28th, 50 gs for all ages, beating Liza Fox and Betsey. On Friday the 28th, the ladies subscription purse of fifty gs beating Fletcher's Jane. At Montrose, in Scotland, August, he walked over the ground for a 50l plate, and also walked over the ground for a subscription of 50l. At Kelso, October 16th, for a plate of 50 gs he walked over the ground—and also his majesty's 100 gs given to the Caledonian Hunt, for any horse, &c. carrying 12 at 4 mile heats, then 6 years old, he won against Mr. Wentworth's Trimbuch, Piermont's Trimmer, aged, and Kincaid's Hector, aged—and Saturday following, a purse of 50l given by the Hunt, free for any horse, &c. beating Farewell and Roiker. At Ga lwe he won 100 gs of Mr. Sitwell, beating his b f by Meteor. In 1798, he won at Edinburgh, August, 50l for all ages, beating Maxwell's Arab, and Mr. Maule's Hippopotamus. At Montrose he won a plate of 50 gs for all ages, beating Pithon and Contractor. See the racing Calendars for the foregoing years.
Wm. LIGHTFOOT.
Certs' Performances—London. Hambleton's colts also rank very high as racers, both for speed and bottom, as they proved themselves good runners in England. In 1805, at Catterick bridge, on Thursday 18th, Mr. Wentworth's b c Silverheels by Hambleton, two years old, won a sweepstakes of ten 25s. 8 subscribers, two miles, beating Mr. Riddell's b c by Overton, dam by Spadille; Mr. Londale's ch c, by Fipator dam by Paymaster; Lord Strathmore's gr f by Overton, dam by Delphin—Several others also started but were not placed—Durham Wednesday 24th, a Maiden Plate of 50l, given by the country members, for all ages 3 mile heats Sir H. Williamson's b, c. by Hambleton 2 years old, run four heats, and proved second best; and four others started and proved themselves good runners.
CERTIFICATES.
London, 17th February, 1806 William Lightfoot, Esq. Dear Sir—Hambleton ought to stand very high with you, as his colts
in this country turn out excellent runners, &c.
Charlotte, 10th May, 1806. I put five mares to Hamilton, and they all proved in foal, and the colts fine and large—I also have a mare which has bro't me four colts one by Diomed, one by Dragon, one by Seagull, and another by Hamilton, and the Hamilton colt has the preference of either: I think her one of the finest fillies, both in size and figure that I ever saw.—Given under my hand.
Henry Lester.
Lunenburg, 5th May, 1806.
This will certify that I put a mare to Hamilton in 1804, when he stood at Mr. H. Lester's in Charlotte county, and am as well pleased, if not better, with the colts by him, than with any the same mare ever had—she previously bred by Coeur de Lion, Diomed, Quicksilver, and Dion.
Henry Lester.
Charlotte county.
In the year 1804 I put a mare to Hamilton, then kept by Mr. H. Lester of this county and am fully persuaded that it is the best colt the mare ever had, and is in my estimation the best colt I ever bred from any horse—I moreover never have heard of any complaining of their colts from that horse.
Thos. Read, Jr.
Hanover County.
I herewith certify that Mr. Wm. Lightfoot's horse Hambleton, stood at my stable the last season, and that he has proved an excellent foal getter: his colts would do credit to any horse in the continent. Mr. Wm. Morris of this county and I put five mares each, all of which proved in foal.—Given under my hand this 7th day of May, 1806.
John Thornton.
New Kent.
I hereby certify that I purchased a colt at the sale of Wm. B. Christian, got by Hambleton belonging to Wm. Lightfoot Esq. of Sandy Point; this colt is two years old this summer, he is large, handsome and good bone.—Given under my hand, 17th April, 1806. Wm. Douglas.
Charlotte County, 6th May, 1806.
We the undersigned subscribers had colts dropped last season by Hambleton, and they are esteemed by us and we believe by the neighbors generally, to be remarkable good colts; being for the most part large, fine and handsome. We also believe that the season he stood in this county, he got as many colts as any horse could get with the same number of mares.
William Mitchell James Lamkin, Clem. Smithson Overton Pettus, Thomas Pettus, Wm. L. Morton. B. W. Lester.
HARDWARE, IRONMONGERY and CUTLERY STORE.
BREAM & FOLLET,
AT the sign of the ANVIL, Main Street, Richmond, have received by the latest arrivals from England, a large and general assortment of Hardware, Ironmongery and Cutlery, which they will sell by wholesale or retail, low for cash, or on a short credit, for approved security;
AMONGST WHICH ARE—
Waldrons of prime Corn & Grass Scythes; Sickles, Weeding Hoes, Garden Hoes and Rakes; Spades & Shovels; Trace Chains, Black-Smith's Bellows, Anvils, Bick Irons, Sledge and Hand Hammers; Vises, Screw-Plates, Files and Rasps, Carpenter's Joiner's, Cooper's, Currier's, Saddler's, Silver Smith's, Watch Maker's and Shoe Maker's Tools; Locks, Hinges, Nails, Brads, Tacks, Screws, Brass Mounting for Cabinet Makers, Steel-yards, Scale Beams and Weights; Tea Kettles, Skillets and Spiders; Pots and Kettles; Bell Metal Kettles and Skillets; House Bells, Grid Irons, Frying Pans, Waffle and Wafer Irons; Smoothing Irons, Block Tin Coffee Pots, Britannia Metal Tea Pots, Britannia Metal Table and Tea Spoons; Coffee and Corn Mills; Knives and Forks; Pen and Jack Knives; Scissors, Razors, Razor Cases and Shaving Boxes; Ivory and Horn Combs; Curling Tongs, Razor Hones, Glazier's Diamonds, a few dozen of elegant silver mounted and plain green and white handled Table and Desert Knives and Forks; Table Steels, Butcher's Steels and Knives; Brass and Iron Wire; Tin in Boxes, Sheet Iron, Sheet and Bar Lead; Patent Shot, Gun Locks, Flints, Bear, Wolf and Fox Traps; Screws and Bails for raising mill Stones, Mill Gudgeons and Inks; German Steel, Marbles, Nova Scotia Grind Stones, Window Glass, with a great variety of other articles in the above line, too tedious to enumerate; of which a constant supply will be kept, and sold on terms worthy the attention of those who wish to purchase.
Also for sale 50 kegs FF Gun Powder, 15 Barrels Liver Oil, Bolting Cloths, Glue, and a general assortment of Brushes. Richmond, 21st May, 1807. 4w
Trial of Col. Aaron Burr.
WESTCOTT & Co.
ELEVENTH STREET,
NEAR PENNSYLVANIA AVENUE
WASHINGTON CITY,
INFORM the public that they have engaged Thomas Carpenter one of the most able and correct Stenographers in the United States, to attend the circuit court to commence its session at Richmond the 22nd inst. and in case the said Trial comes on to publish as speedily as possible a complete and full account thereof, accompanied by all the documents relative to this all important case.
May 18. 3t
N. B. The copy right will be secured.
A FRESH SUPPLY OF
Church's Cough Drops
is just received from the Proprietor's Dispensary New-York, and for sale at this office.
FROM THE AURORA.
GLANCE AT EUROPE.
BEFORE the opening of the next year, we venture to assert, the principles of the armed neutrality of 1780 , will be acknowledged by every power in Europe but one—and those principles will be made the basis of a system, which go close to the realization of that idea of an European republic , conceived by the celebrated Sully , and so anxiously looked for by Henry IV. of France.
We give this idea, as the consequence of the existing state of Europe—and the impending, (or perhaps already accomplished) discomfiture of the modern Vandals.
This city was much amused last week by the industrious circulation of reports that the editor of this paper had very recent advices from Europe—and accounts of terrible battles subsequent to the affairs of Braunberg. At the coffee house it was even alleged that the papers containing those marvellous accounts were in our hands. We neither received any such, nor did we give the least credit to the tales that were circulated, tho' they went to say that the Vandals were completely annihilated, and 60,000 killed or prisoners with their general Bennington.
We had been speculating upon the news the day before, in consequence of the consideration of the 65th and 66th bulletins; and had formed a judgment from our enquiries; the scope of which we shall now offer to our readers as leading to the conclusion with which we began this article.
We have not found in any one of the official bulletins of the French, a fact stated which has not been corroborated by subsequent information and events. The reverse has been the fact uniformly on the other side. Perhaps the effect of the battle is the cause of the different character of the official reports. The Gazette appear to be satisfied with what they do and have done—the Vandals endeavor to supply by official gazettes their deficiencies in the field.
By the 65th and 66th bulletins we are put in possession of the positions of the armies.
The Russian head quarters continued at Koningsberg; but they had carried their Cossacks and other light marauders, as far as Bartenstein on the Alla; this place is 30 miles south of Koningsberg and 20 south of Eylau; and at the same distance (80 miles) east of the Passarge, and about 60 miles from the French head quarters, which continued à la tête on the 17th of March.
The advance of the French, however, was east of the Passarge, under marshal Ney at Gulstadt, that is 7 miles from that river; and 25 miles S. W. of Bartenstein.
Having the head quarters and the advanced posts, we have now to trace the lines of cantonment. The Russian front is marked by the course of Pregel river; with some corps advanced south of the Pregel, but with two small rivers Almenia and Schuchena in front, and their left covered by the lakes of Hars and Spiriding, and thence by the Pysch river to Grodno; which is a principal magazine. 80 miles N. E. of Grodno is Wilna an important place and depot.
The French left under Bernadotte, was at Braunberg within 35 miles of Koningsberg, and the legions under Soult and Davoust stretched along behind the Passarge to Leibstadt and Deppen; where the line of the Passarge is encroached upon, and the French positions advanced between the Passarge and Alla, which are not more than 6 to 8 miles apart, and very favorable by nature for a strong defensive military position.
The French line extends in chequered columns of cantonment along the numerous lakes, and occupy Seeborg, Allenstein, Freudenberg, Munsterberg, Bergfried, Burtungen, Passenheim, and Ortelsberg.
Here a new disposition has been unfolded. Massena with the fifth legion, and another of the French infantry, has advanced south to the Omula river, which has its rise in the same lakes as the Passarge and Alla, but runs south; while the Passarge runs north, and the Alla north east. The Omula falls into the Narew, a few miles above Pultusk.
But Massena's head quarters is at Wilzenberg in the forks of the Omula; within fifty miles of Grodno.
The collection of force at this point gives a new and impressive character to the prospects of the war; and induces us to expect some very sudden and powerful enterprise; for besides the two legions of French infantry, we find two other powerful bodies of troops.
A Polish army of observation is posted at Nidenberg, which is only 25 miles in the rear of Massena, that is west of his position on the Omula.
Besides these we find Murat (duke of Berg) in the same quarter; the conclusions which we draw from these circumstances we shall explain very simply.
The intrepid character of Massena.
The more than ordinary force directed to that point under him; as the infantry cannot consist of less than 40, or 50,000 men.
The Polish army are all cavalry.
The whole cavalry of the grand army is under Murat, and the younger Kellerman as his chief of the staff.
The Polish corps being called an army, indicates that it must be strong, say 40 or 50,000 men.
And Murat's force cannot be much less—say Massena's army altogether 120,000 men.
Their position is within two short cavalry marches of Grodno; and that being an important place in various views, we make no doubt that it must have been the first object of attack.
The movements in this direction would be under any circumstances advantageous—if the place were taken, the Russians would have their left turned, and their rear endangered.
Their magazines would be either destroyed or captured; and by the occupation of the Memel and Neimen rivers, the supplies from the interior would be intercepted, and the Russians be hemmed up in the arid and sandy country of Smaland, and they would have no chance of making a future stand but by an abandonment of Koningsberg, and a hasty retreat into Samogitia or perhaps to Courland.
If the Russians on the other hand, should determine to support and cover Grodno; the left wing under Bernadotte was within two day's march of that place; and the issue of an attack is not difficult to foresee.
We lay much stress on the character of the general who commands the French right.—His name is very familiar to the Russian ear, ever since their last campaign in Switzerland.
The circumstances of the army & their movements very much strengthen those conjectures, which we threw out under the title of a project for the campaign a few weeks ago.
We consider it as improbable that any action, other than a mere beating up of quarters, which is generally performed for purposes of discipline rather than to make an impression, can have taken place, at any period before the 20th of April; a few days after or before; unless Massena might with his cavalry and horse artillery have attempted Grodno by a coup de main —a matter by no means improbable; but we speak of the grand army.
Latest Foreign News.
From a London paper of the evening of the 1st April, received from Londonderry at New-York.
LONDON, April 2.
Yesterday at 12 o'clock, his majesty came from Windsor to the Queen's Palace. About half-past one o'clock, his majesty gave an audience to lord Erskine, when his lordship delivered up the great seal. At two o'clock, his majesty held a private levee; at which the following had the honor of kissing his majesty's hand upon their several appointments—Lord Eldon, on being appointed lord Chancellor. Mr. Robert Ward, on being appointed a lord of the admiralty. Mr. S. Bourne, on being appointed a lord of the Treasury. The duke of Richmond, on being appointed lord Lieut. of Ireland. Lord Sidney, on being appointed ranger of Hyde and St. James's parks, in the room of the earl of Euston. Admiral Gambier, on being appointed a lord of the admiralty. Major-general the honorable John Abercromby, on being appointed to the command of the 53d regiment. Lord St. John resigned his staff of office, of captain of the band of gentlemen pensioners. His Majesty held a privy-council, when lord Eldon was sworn in lord high chancellor.
We daily expect to receive intelligence of a battle, which may eventually decide whether Bonaparte is to remain beyond the Vistula, or whether he is to hasten his retreat to the Rhine. Both parties, after the late tremendous trial of strength at Eylau, where nature turned pale at the sight of so much destruction, are bringing up their reinforcements. We have already mentioned, that the intention of the French is to turn the left wing of the Russians. But this intention is understood; Essen is opposed to Massena, with a superior force; and unless the former be defeated, this last combination is disconcerted and Napoleon must retire.
We have seen some letters respecting the battle of Eylau, which throw new light on the circumstances leading to that tremendous conflict. Bernadotte alias Ponc Corvo, being greatly pressed, sent for reinforcements. His Courier was intercepted; & Bo aparte, advancing to Koningsberg, found himself in the front, not of a Russian detachment, but of the main army. A battle was then unavoidable; and it exceeded, those letters say, all that has ever been heard of or read in history. The number of the killed and wounded amounted to no less than 55,000 men.—Of these put horse de combat 15,000 were Russians, and 40,000 French. The greater loss of the latter arose from their advancing upon the most fortified part of the Russian line where almost every assailant fell. They suffered also in another way. The Gens d'Arme a Cheval made their way through the Russian wings; they were there met by the cavalry of reserve, and but 16 out of 5000 men returned to "the Grand Army." The Russians formed a compact mass—a column of granite , as the French would express it; but before night arrived, the appearance of the Prussian army, which had been fighting all day, put an end to the conflict, and caused the French to retreat.
Thursday afternoon, April 2.
Foreign papers to the 28th ult. have reached us which abound in pacific reports. It seems to be a general opinion on the continent, that a negotiation for peace, under the mediation of the court of Vienna, has either been actually commenced, or is about to take place between
France and Russia. We trust, however, that the intercourse between the cabinets of Vienna, and St. Petersburg has some better object in view than to relieve Bonaparte from his present embarrassments, by a precipitate and ill advised peace, which he would maintain just as long as it suited his convenience, and not one moment longer. According to every appearance they have at last got the tiger in the toils; and it is their fault if they let him escape. The following is an article from
STUTGARD, March 14.
The reports of an armistice are still in circulation; and it is added, that since the mediation of the court of Austria has been offered, the emperor Napoleon has expressed his willingness to treat with Russia upon the conditions offered by M. D'Oubril. We mention these things merely as rumors; they may serve to shew the sentiments of the people of Germany entertain of the moderation of the emperor Napoleon.
We add another from Frankfort, March 15:
"For some days past there has been a report of a three-fold alliance between France, Persia and the Porte. Some say it is already signed by the two latter powers, and that France will accede to it."
"The news from Vienna continues to wear the most pacific complexion. We are assured that baron St. Vincent's mission to Warsaw has had the happiest consequences, and that Austria will now exert all her influence at St. Petersburg to induce Russia to make peace; but, say these advices, if, contrary to all expectation, the efforts of the court of Vienna are not crowned with success, Austria will be more determined than ever to remain neutral during the present contest."
From Cobbett's [London] Weekly Register for January.
CONTINENTAL WAR.
I have this morning been reading some dozen columns of foreign intelligence, and some half dozen of newspaper comments thereon; and the conclusion, in my mind, is, that the reports communicated to the ministers, and published by them, on Saturday last, respecting the battles in Poland, are totally false; and, that the French accounts of the operation in that country are substantially true. "If we deceive ourselves the 'truth is not in us,'" & surely, never were there poor wretches, who deceived themselves so grossly as was of this newspaper nation have done for these eighteen months past.
Seventeen times have we (not I, however) believed the emperor Napoleon to be completely overthrown; twice have we believed, that he himself was mortally wounded; and once, that his army were dead with the dysentery! His men are like Mr. Bays's; they rise up and fight after they are dead after they are dead. I cautioned Mr. Perry against placing any very great reliance upon his favorite ally, the dysentary; for, I was apprehensive, that it would not, in a French army, operate as it did in the Brunswicker's army in Champagne. I perceive, however, through all the exultation of the Morning Chronicle, a consciousness that the government news is false. I see the sense and reason of Mr. Sparkle endeavoring to break through the cloud of his partner's stupidity. I see the difficulty that the former is in to know how he shall bring himself off. He is beginning to muster his thoughts and to marshal his arguments for the purposes of securing a decent retreat. Hence it is, that we hear him say, "whether the government news be true or not the French have suffered severe losses, there can be no doubt of it."
Yes, there can, sir, and I entertain that doubt. I do not see any probability of their having suffered any loss at all; and what is more, I do not see any prospect of their suffering a loss, or of their career being stopped by any thing but the elements. It is impossible for us to know what the intentions of Napoleon are; but my opinion is, that, if he has a design upon Russia, the French standards will be flying at St. Petersburg before Mayday. Such are my fears, notwithstanding all the flowery prospects which the newspapers present.
RALEIGH, (N.C.) May 21.
A most severe and extraordinary Storm of thunder, hail, rain and wind, was experienced in this vicinity on Friday evening last—Over this city, the peals of thunder were very loud, the lightning from which struck the fence of an enclosure in Caban-rus-street, and the rain was pretty considerable. But two or three miles from town, in a northern and eastern direction, there was a prodigious Hail Storm, the stones of which were said to be as large as billiard balls, though many of them were in pieces of an inch square, which destroyed all the rye, and injured other small grain, beat down the garden vegetables, killed a number of young pigs, fowls, &c. and broke almost every pane of glass in its course. A few miles west of the city, the most severe hurricane of wind took place that was ever experienced in this part of the country. It levelled with the ground almost every chimney in its course, blew down many buildings, fences, and trees, particularly fruit trees. Some orchards were totally destroyed, and the roads in the neighborhood were covered with limbs of trees. After the storm subsided, the hail was lying under the fences a foot thick. The damage received by many farmers has been very considerable, and is particularly distressing in the present season of scarcity.

THE Editor of the Argus has now the pleasure of presenting to his readers a more comprehensive view of the proceedings preparatory to the trial of Col. Burr than could possibly appear in his last paper. These proceedings are detailed from the commencement of the term down to the present time, with the exception of the arguments of counsel on Monday last; which for very obvious reasons cannot be published in this stage of the business.
TRIAL OF Col. Aaron Burr.
AT a circuit court of the United States for the fifth circuit and district of Virginia, held at the Capitol in the city of Richmond, on Friday, the 22d of May, 1807.
Present JOHN MARSHALL, Chief Justice of the United States.
CYRUS GRIFFIN, Judge of the United States for the District of Virginia.
The court was opened at half past twelve o'clock.
The Marshal of the District of Virginia, (Major Joseph Scott) then proceeded to call over the names of the persons summoned as grand jurors; of whom the eighteen following appeared; to wit.
William B. Giles, Joseph Eggleston, Littleton Waller Tazewell, Robert Taylor, Wilson Cary Nicholas, William Daniel, jr. John Mercer, Edward Pegram, William Foushee, Munford Beverley, John Ambler, Thomas Harrison, James Barbour, Joseph C. Cabell, James Pleasants, jr. John Brockenbrough, Alexander Shepherd, and James M. Garnett.
The following were absent; to wit, Carter Page, James P. Preston, Carter Beverley, Benjamin Hatcher, Richard Crump, and Thomas Brockenbrough.
Col. Aaron Burr appeared at the opening of the court, seated in the front bar with his counsel, Edmund Randolph, John Wickham, Benjamin Botts, and John Baker, Esquires. Within the bar were seated George Hay, Esq. (Attorney of the United States for the District of Virginia,) and Alexander M'Rae, and William Wirt, Esquires, whom it was understood were to be assistant counsel for the prosecution.
Immediately after the grand jury had been called, Mr. Wickham enquired how many had appeared; and was answered "eighteen only."
Col. Burr then rose and addressed the court as follows: May it please the court,
Before any farther proceedings are had in arranging the pannel, with your permission, I will notice an irregularity, which I am informed has taken place in summoning the grand jury, and which may lay the foundation of an exception to part of them.
The court having assented, he proceeded;
Unquestionably the marshal of this district in summoning the grand jury acts under the authority of the laws of Virginia; not of the laws of the United States. When he has summoned twenty-four grand jurors his authority ceases; and he has no power to summon the twenty-fifth. But I have understood that a practice, which is certainly erroneous, however innocent, has existed. It has been deemed no impropriety in the marshal or his deputies, after they have summoned twenty-four persons, if any of them should be unable to attend to complete the pannel by summoning others; and I am informed that this has been done on the present occasion. I contend therefore that all above the first twenty-four have been improperly summoned. This objection goes to an irregularity on the part of the marshal, an irregularity which will affect some few persons, & but a few. Afterwards, there may be some other objections, which it will be proper to mention at a future period.
Mr. Botts. An overwhelming prejudice, against Col. Burr, has been extended from Boston to Savannah. The state of the public mind being so inauspicious, he cannot give up the benefits of a legal trial. The past measures, as well as those which the progress of the investigation may unfold, will be strictly scrutinized. The facts complained of by Col. Burr I know have happened.
The 29th section of the judicial act refers to the state regulations for the mode of convening grand juries. The 1st section of the state law directs, that the officer shall summon twenty-four freeholders; who, or any sixteen of whom, shall be a grand jury. If a sufficient number of the said freehol-
ders should not attend on the first day of the court, the sheriff shall summon from the by-standing freeholders the deficient number. The 7th section of the act authorises the court to fine the grand jurors so summoned and failing to attend. The 17th section inflicts a penalty on the officer for failing to summon and return a pannel of the grand jury.
When the marshal has exercised his office of summoning twenty-four grand jurors his summoning functions are at an end. The citation to appear must be complete; but when complete he cannot revoke it, or discharge the individual summoned. Whether a moment or a week shall intervene between the words of citation and those importing a discharge will make no difference....tho' it is believed that in the irregularities in question, there was much intervening time. It results from the very nature of a ministerial office that, when performed, it cannot be undone. When a sheriff has levied a fieri facias he cannot shift the service to a different property from the one seized. In Marbury vs. Madison (1 Cranch 156) the supreme court decided, that when the President of the United States, had made an appointment by and with the advice of the Senate, his constitutional authority was exercised and the selection could not be changed or suspended. That tho' the commission was in general the only evidence of the appointment, it was not of the essence of the appointment: And you, sir, in delivering the opinion of the court, founded the distinction between the duties of appointing and commissioning, in part, on the circumstances of those duties being enjoined by different sections of the law. Different sections of our act prescribe the duties of summoning & returning the grand jurors. As the President could not change the persons by him appointed before he announced them to the office of state, so, a fortiori, the marshal cannot change the characters by him appointed before he reported them to the court. The marshal has in the present case taken on himself that judicial office, of excusing without fine, which the 7th sec. had devolved on the court: And he has superseded the operation of so much of the 1st section as provided for the summoning of by-standers.
If an officer dependent on the pleasure of the prosecuting power was thus permitted to change his pannel as he pleased, most alarming mischiefs would be the consequences. Every court has power to enquire into and to correct the errors of its own officers. We pray that the pannel may be purged, that the marshal may be interrogated as to the first twenty-four summoned, and that they, and they alone, may be of the jury. I would have it to be understood that no blame can attach to the marshal. He has mistaken the law....He is too honest and worthy to commit an intentional wrong.
Mr. Hay, district attorney, observed that he was not very well prepared to answer the proposition of the gentleman, a similar one to which he had never heard before; but that he conceived it to be of no importance, and was willing that Col. Burr should be accommodated with a grand jury to which no exception could be made. He did not know that it was strictly proper to enter into any examination as to the manner in which the jurors had been summoned. It had not been long that he had been engaged in business of this kind, and he was happy to say that very little had occurred to demand his attention. He was therefore the less prepared to say what was the usual course of practice; but he knew not why the objection was now made; for it could make no difference either to the prisoner or the United States. If any of the grand jurors were set aside, there would either be enough remaining of those who had been summoned; or the deficiency would be supplied by the marshal from among the by-standers. He submitted the whole matter to the court to determine whether witnesses should be examined concerning the persons summoned or not. But the appearance of Col. Burr, as a party before the court, in this stage of the business, seems to be a little extraordinary, and is not justified by any practice which I have seen.
Mr. Wickham. I understand the counsel for the prosecution to say that he is not prepared to make any objection to the course which we wish to pursue. I declare that I mean no imputation on Maj. Scott, whose intentions, I have no doubt, were upright; but as this is an extraordinary case, and great efforts have been made to prejudice the public mind against Col. Burr, his counsel consider it their duty to avail themselves of every ad-
vantage in his defence which the law allows them.
[Here the Chief Justice enquired if there were any parties before the court, except the United States.]
Mr. Wickham. I am prepared to shew, from authority, that any person standing in the situation of Col. Burr, has a right to come before the grand jury and make any legal objection; and that this is the proper time for that purpose. He cited 2 Hawk. Pleas of the Crown, p. 307, and 3 Bac. Abr. 725, to shew that any person bound in a recognizance to appear and answer a criminal charge, has a right to appear and make objections to the grand jury before they are sworn. Whether, afterwards, we might not take advantage, of any error committed, by way of plea in abatement, is not now to be enquired into. It is the most anxious wish of Col. Burr that this trial may now finally be closed, and that the jury who are to pass upon him may be free from all exception.
Mr. Hay then read the law of Virginia (Rev. Code, pa. 100, sect 2,) and contended that the construction attempted to be put on it was more rigid than could be warranted by sound sense and good policy. The selection of the jury was left entirely at the discretion of the returning officer. The intention of the law was that 24 good men and not liable to any of the exceptions therein stated should be summoned. What reason therefore could be given to prevent the marshal, if he discovered that a man whom he had once summoned could not attend, for summoning another, and thereby securing the attendance of the full number required? The marshal, without knowing any thing of a man except his character, summons him on the jury. He knows nothing of his private affairs. The man afterwards informs him that he is subject to uncontroable domestic difficulties; for example, that he is going a journey upon indispensable business. May not the marshal, hearing his excuse, release him, and summon another? Is there any principle of sound sense to prevent it? Where is the authority to prove that the functions of the officer who collects a grand jury cease before the day on which it is impanelled? When the return is made, if a sufficient number do not attend, a discretion is vested in the marshal to appoint others in the room of the absentees: and is not the principle the same, when he knows that the 24 whom he had first summoned could not attend? I appeal to the candor of gentlemen to state the difference, in principle between the two cases.
But I am inclined to think that the gentlemen are mistaken in point of fact. I have understood that the marshal, in the instances to which they allude, only enquired of the persons said to have been summoned, whether they could attend or not; expressing his intention to summon them, if they could attend; and that, upon their assuring him of their inability, he applied to others.
Mr. Wickham. The counsel for the United States has not directly met the question. He seems still to doubt whether a person in the situation of Col. Burr can avail himself of the objections now made. As the authorities upon this point are very short, I will beg leave to read them as decisive before I offer any remarks. [Here Mr. Wickham read a paragraph from 2 Hawk. 307, and another from 3 Bac. Abr. 725.] "The only object of reading those authorities, was to shew that a person bound over in a recognizance to appear & answer a criminal charge, was entitled to come forward and state any legal objections to the grand jury; and that as those exceptions were to be taken before the jury were empanelled and sworn, they could only be properly made at this time.
I come now to enquire upon the merits, whether the objection be properly taken. Mr. Hay supposes that the construction of the law, contended for by the counsel of Col. Burr, is more rigid than sound sense or good policy will warrant. Where the words of a law are plain, as in the present case, it is sufficient to say ita lex scripta est . If we are to wander into the wide field of conjecture, (which God forbid,) it would be easy to shew that the policy of the law is on our side. However upright and respectable the present marshal is acknowledged to be, yet he is an officer appointed at the pleasure of the government, and dependent on the President for his continuance in office. If any officer thus appointed, may alter, change, or modify the pannel of a jury, he holds in his hands the life and liberty of every citizen. He is to follow the plain dictates of the law. The law declares that he shall summon 24 persons properly qualified to be of the grand jury; and that if they do not attend, any 16 are sufficient to constitute a
grand jury; but it gives him no authority, if any one of the 24 cannot attend, to erase his name and substitute another in his place.
Mr. Hay supposes this a mere matter of form, for if a full grand jury should not attend, the deficiency is to be supplied from among the by-standers. The learned counsel acknowledges that he has not attended to this branch of the law. If 16 jurors attend, the marshal cannot add another to the pannel. Apply this to a supposed case, and perhaps a case now before the court. The marshal is informed a few days before the sitting of the court, that a juror cannot attend. He thereupon erases his name and substitutes another. Has the marshal a power out of court which he cannot exercise in court. Suppose another case. Days and weeks have elapsed since a juror was summoned; after which the marshal receives an excuse, and a few hours before the court meets, erases his name and substitutes another. I could mention the names of respectable gentlemen if it were proper [Here Maj. Scott interrupted Mr. Wickham by requesting him to name the gentlemen to whom he alluded, & saying that he was ready to state the circumstances which had occurred.] Mr. Wickham proceeded. I cannot submit to those interruptions; there is a respect due to the court and the bar. ["And to my feelings," said Maj. Scott.] Suppose, said Mr. Wickham, a gentleman should write to the marshal that his carriage was broken and he could not attend; this excuse might not be deemed sufficient by the court, and the juror might be fined. Is the marshal to exercise the functions of the court, and can he release him from the fine?
I will say one word more to relieve the feelings of the respectable gentleman who appears to have been hurt at what has passed. I am sensible that he meant to comply with his duty with the most sacred regard to impartiality.
Mr. Hay said that he should content himself with remarking that he could see no good reason why the marshal, after he had discovered that a juror could not attend, should not be authorised to supply the deficiency by summoning another before the commencement of the term.
Chief Justice to Mr. Randolph. Has this question ever come before the state courts?
Mr. Randolph. Never. But there never was a case in which there was such a call for a strict adherence to the rules of law. It has been more than thirty years since I first acted as Attorney for the Commonwealth.... Since resigning that office, I have frequently been engaged for defendants in criminal prosecutions. The right of challenge was never questioned. Tho' I had always supposed that in cases of this kind the strict rigor of the law was to be enforced, yet the necessity of making a similar objection had never been felt. If I am to assign a reason why this question was never before raised, I may say that never before was there such a torrent of prejudice, and excited by means which we shall hereafter endeavor to develop.
I have the highest confidence in the virtuous officer who has returned the present jury; but under the circumstances of this case it becomes necessary to contend for the rules of which we now avail ourselves; and in consequence of the power vested in the marshal and his liability to be influenced by the government, great danger would arise from relaxing them.
Chief Justice. I did not ask the question with a view to be informed whether the objection may not now be made, but to ascertain, if it ever had been made in the state courts, how it was determined. From the authorities read by counsel, there can be no doubt but the exception may now be taken.
The law of Virginia authorises the officer to summon twenty-four men, but says nothing of any more. He therefore cannot summon twenty-five. If he desires the twenty-fifth man to attend, it ought not to be considered as a summons; but the act is void.... Most certainly the officer is not authorised to discharge any person.... Where sixteen grand jurors do not appear, by-standers may be called and impanelled; but if sixteen of those summoned appear, they are to constitute the Grand Jury. There is no necessity therefore to vest the marshal with the power of excusing those who say that they are not able to attend. It is indeed the custom of the officers in this state to exercise a discretion in such cases; and no doubt the marshal acted with the best intentions under an idea that his conduct was proper; but after he has summoned any individual he cannot let him off. A plain argument in support of
this position is that the person summoned might nevertheless appear tho' not called by the marshal, and offer his services to be sworn on the Grand Jury; in which case he could not be rejected. The question depends however on the point whether there was an actual summons , for a conversation merely preparatory to a summons is a different thing. It is therefore proper to examine the marshal as to what has been done.
Col. Burr. The court having concurred in the privilege contended for by me, I will now ask their aid in coming at the truth of the fact. I trust there will be no impropriety in asking the marshal to state what number were originally summoned, and what names have been erased, and others substituted in their stead. He would name several gentlemen who had been summoned, and whose names had not been called.
Maj. Joseph Scott, the marshal of the district, was thereupon examined. He said that he had shewn the Judges themselves a letter from Mr. John Taylor, of Caroline, who had been summoned and they had said that his excuse expressed in that letter was sufficient. He had therefore summoned Col. James Barbour, of Orange, in his room; but did not say that the Judges had directed him to do so, altho' he conceived it to be his duty in consequence, of what had passed between him and them. He acknowledged also that Mr. John M'Rae, who had been summoned, having since that time left the state, he had under similar impressions summoned Dr. William Foushee.
The Court decided that Mr. Barbour and Dr. Foushee, had not been legally added to the pannel of the Grand Jury; they were therefore withdrawn.
The pannel having been reduced to sixteen by the removal of those gentlemen as improperly summoned, col. Burr expressed some regret at exercising the privilege of challenging two others for favor. If the right was conceded, it might be necessary to appoint triers and go into an examination of witnesses. He wished it to be distinctly understood that he claimed the same right of challenge, for good cause shewn, in this stage of the business, as if he were now before the petit jury, tho' he admitted that he could not peremptorily challenge.
Mr. Botts presumed that there could be no question as to the right. Even in civil cases this was a cause, though not a principal cause of challenge. The law which had been read was explicit in its application to this case. Our cause of challenge must be made out by testimony. If we shew that an impurity exists it ought to be purged away; tho' no reflection whatever was intended on the honesty or uprightness of any of the jurors.
Mr. Hay believed the law to be as stated on the other side. No objection would be made by him to the course which the gentlemen wished to pursue.
Colonel Burr then proceeded to name the persons and causes of challenge. He first mentioned William B. Giles. With respect to him there were two causes, the first of which was of public notoriety and required no proof. Mr. Giles while a member of the Senate had occasion to pronounce upon documents of which he (col. Burr) was the object, and had voted for the suspension of the writ of habeas corpus . The constitution had declared that a suspension of this writ could only be warranted in extreme cases; and that by pronouncing on the expediency of that measure, Mr. Giles had inevitably formed an opinion as to the designs imputed to him. Further, he would endeavor to establish by testimony, that since that time Mr. Giles had said that the documents laid before Congress furnished evidence of his (Burr's) guilt, and guilt of the highest grade.
Mr. Botts. The law affirming the right of one in a state of prosecution to challenge a grand juror, for cause, is express and unequivocal. We must make out the causes before the triers now to be appointed by the court. It is taken for granted, that if the right to challenge for favor exists, col. Burr has a right to a trial of those challenges.
Nothing need be now added to what col. Burr has said upon the subject of the causes of challenge. If we prove causes before the triers, the return must be, that the challenged jurors are disqualified upon both of the grounds stated by col. Burr. If the court do not agree with me that all further discussion ought to be suspended until the hearing before the triers, I expect to be so informed from the bench that I may have an opportunity of occupying that time (which we ought under our present impressions to have) in further satisfying the court of the suf-

iciency of col. Burr's causes of challenge.
No imputation is intended on the patriotism or moral or political conduct of Mr. Giles. I trust in his candor and intelligence for a concession that this challenge is not made causelessly to wound his feelings.
Mr. GILES. If the court please! with respect to exceptions to me personally, I can have no objection in itself to have them tried. The court will, however, perceive the delicate situation to which I shall be reduced. The Grand Jury will have to interrogate witnesses, and to decide upon what? — I have no objection to state to the court every impression I have ever had on this subject; but as to calling witnesses, who are to detail loose conversations, which are so apt to be misunderstood, I am really indisposed.
Mr. HAY. I was about to make a proposition, sir, which might relieve us from all this useless embarrassment; and which might at the same time gratify the views of the accused. If the gentlemen who are challenged on the jury will consent to withdraw themselves, I can have no objection. We may then supply their places.
Mr. BURR. It would certainly be a saving of time; and I assent to the proposition. The other gentleman, whom I challenge, is Wilson Cary Nicholas.
Mr. NICHOLAS. I desire the objection to me may be stated.
Mr. BURR. The objection is that he has entertained a bitter personal animosity against me; and therefore I cannot expect from him that pure impartiality of mind, which is necessary to a correct decision. I feel the delicacy of my situation; but if the gentleman will consent to withdraw, I will waive any further enquiry.
Mr. GILES said—that the circumstances which had just occurred, placed him in an unpleasant situation. That he had no objection to disclose, in the usual way, with candor, the real state of his mind in relation to the accused; but that he had an objection, to the introduction of witnesses to prove casual expressions. That in the present state of things, expressions might be imputed to him, which he had never uttered, or his expressions actually used, might be mistaken or misrepresented by the witness; or the witnesses own impressions from his expressions might be proved, which would not have been justified by such expressions. Mr. G. observed, that it was by no means agreeable to him to be summoned on the grand jury; but for sometime past, he had invariably pursued this maxim, neither to avoid nor to solicit any public appointment ; but when called to the discharge of any public duty by the proper authority, conscientiously to attempt its execution. That in undertaking to serve on the present Grand Jury, he was influenced by the same consideration. That with respect to his public conduct, that he presumed was of public notoriety; that he had not only voted for the suspension of the privilege of the writ of Habeas Corpus, in certain cases, but had proposed that measure; that he then thought, and still thought, it was called for, and justified by the evidence before the Senate; and that he now regretted that the nation had not energy enough to support the Senate in that measure; that this opinion was formed upon the state of evidence before the Senate; which in all questions of a general nature, is of a very different character from the legal evidence necessary in a judicial investigation. That his mind, he believed, was perfectly free to receive impressions from judicial evidence. That in relation to the accused, he felt very desirous, and had often so expressed himself, that the various transactions imputed to him, should undergo a full and fair judicial investigation; and that through that medium, they should receive their just and true character, whatever that character in point of fact might be; and he presented in that character to the world. That he had no personal resentment towards the accused; and if the accused had received any information inconsistent with this statement, it was not true. However, as it was left to him to elect whether he would serve on the Grand Jury or not, he should certainly withdraw.
Col. Burr said he must be pardoned for supposing that this effort of the gentleman to divest himself of all prepossessions was above human nature. He believed he had, as much as any man could have under such circumstances, a pure mind above bias. But this particular fact of having in his public character formed a decisive opinion upon his conduct, must render him unqualified to serve upon the jury. He declared Mr. Giles was the last man on whom he would wish to cast any reflections.
The second gentleman to whom I shall object is col. Wilson Cary Nicholas. That gentleman feels towards me a personal enmity sufficiently strong, I presume, to blind the judgment of the wisest of men.
Col. Wilson C. Nicholas rose and addressed the court as follows:
My being in this situation, certainly was not a thing of choice. When I was summoned by the Marshal, I urged him, in the strongest manner, to excuse me. I mentioned to him, that it would be extremely inconvenient to me to attend the court, and that it would be very unpleasant to serve on the jury, on account of the various relations in which I had stood to Col. Burr. I had been in Congress at the time when the attempt was made to elect Col. Burr President of the U. S. My feelings and opinions on that occasion, were well known. I had served three years in the Senate while Col. Burr was President of the body, and was one of those, who, previous to the last election, had taken a very decided part in favor of the nomination of the present Vice-President for the office at that time filled by Col. Burr. Moreover, from the time Col. Burr first went to the western country, my suspicions were very much excited, as to his probable objects in that part of the United States; in consequence of which, I gave early, and perhaps too great credit, to the charges which were brought against him. Such was my opinion of the importance of New Orleans, not only to the prosperity, but to the union of the States, that I had felt un-
common anxiety at what I believed to be the state of our affairs in the west, and had expressed my impressions very freely in conversation and in letters to my friends, during the last winter. Under these circumstances, I doubted the propriety of my being put on the jury; but I felt no distrust of myself, as I was confident that I could discharge the duty, under a just impression of what I owe to my country, to the accused, and to my own character. The marshal assured me that he felt the strongest disposition to oblige me, but that he did not think he could do it, consistently with his duty. He supposed there was scarcely a man to be found, who had not formed & expressed opinions about col. Burr: that he too, was in a situation of great delicacy and responsibility, and that without the utmost circumspection on his part, he should be exposed to censure. I renewed my application to the marshal several times, and always received the same answer. Thus situated, I determined to attend the court, both from a sense of duty, and because I would not put it in the power of the malicious, and those disposed to slander me, to assign motives for absenting myself, which had no kind of influence on me. Another reason for pursuing this course presented itself some time after I had formed this determination. I conceived that an attempt had been made to deter me from attending this court. I was informed by a friend in this city, that he had heard that one of the most severe pieces which had ever been seen, was preparing for publication, if I did not attend and serve on the Grand Jury. To what quarter this attack was to come, I did not know. The only influence which this circumstance had, was, to confirm me in the determination I had made; as I was much more inclined to defend my enemies, than to ask their mercy or forbearance. From the first I hesitated, whether I ought not to make the same representation to the court that I had made to the Marshal. As I was in doubt on the subject, before I came from home, I committed to paper the substance of what I have now said, and consulted three gentlemen who were lawyers, men of honor, and my personal friends. Their advice to me was, not to mention it, for they did not believe that the court would or ought to discharge me for the reasons I had mentioned. As I was in doubt myself, I determined to follow their advice, and the more readily, as they seemed confident that I would not be discharged; and I was not ambitious of acquiring, in this way, a reputation for scrupulous delicacy. I was perfectly willing that my reputation should rest upon the general tenor of my life, and did not believe that my character required such a prop. At present, I feel myself embarrassed how to act. I certainly was, and am anxious, not only to serve on the jury, but I am unwilling to withdraw lest it should be thought that I shrink from the discharge of public duty of great responsibility, and I am not willing to be driven from the discharge of that duty, in a way which should lead to a belief, that the objection made to me is either acknowledged to be well founded, or has been sustained by the court. Upon this subject the example of Mr. Giles has great weight with me. That consideration, and a hope that my motives cannot now be misunderstood or misrepresented, will induce me to do as he has done.
Col. Burr. The circumstance mentioned by the gentleman, that an attempt has been made to intimidate him, must have been a contrivance of some of my enemies for the purpose increasing the public prejudice against me; since it was calculated to throw a suspicion on my cause. Such an act was never sanctioned by me, nor by any of my friends. I view it with indignation, and disclaim any knowledge of the fact in question.
Col. Wilson C. Nicholas having been withdrawn, Maj. Joseph Eggleston expressed his wish to be excused from serving. He observed that after he was summoned to attend as a grand juror, he had written a letter to the marshal, stating his reasons both of a private and public nature, for wishing not to appear; that private affairs of importance rendered it very inconvenient for him to attend; and that after reading the deposition of Gen. Eaton, he had felt so much indignation at the designs ascribed in that deposition to Col. Burr, and had so warmly expressed it, that he conceived it would be improper for him to serve.
Chief Justice. If the gentleman has formed and expressed an opinion in this case, he ought to be excused.
Maj. Eggleston. After reading Gen. Eaton's deposition, and pronouncing my opinion upon it, I think that altho' that opinion may not be such as I might be induced to form on hearing further evidence, yet it would be indicative in me to serve.
Col. Burr. It is a fact that from the industry which has been used to excite prejudices against me and my cause, there is little, very little chance of obtaining an impartial jury. It is probable there is hardly at this time such a state of society as would justify such an expectation. From the ingenuousness of disposition displayed by that gentleman, and the candor with which he has objected to himself, I am inclined to hope that he will be able to divest himself of any disposition to partiality. I therefore am willing to accept of him as a grand juror, being fully convinced there is but little hope that others more impartial can be found.
Chief Justice to Maj. Eggleston. Do I understand your case to come within the rule stated by the court, that you have formed and expressed an opinion?
Have you ever formed and expressed an opinion in this case?
Maj. Eggleston. I had formed an opinion from that deposition; and thought that if no other evidence should be produced, I should not probably change it. I think, after the declarations I have made, wrong constructions might be put on my conduct. But I have not formed or expressed an opinion on this case. When I read the deposition I only expressed my indignation against the designs mentioned in it.
C. J. That is nothing. He was not permitted to withdraw.
Mr. John Randolph (who occupied a seat on the bench next to the Chief Justice, and at his right hand,) was then called by the marshal as a by-stander, in order to complete the legal number of grand jurors.
Mr. Randolph came down from the bench and addressed the court as follows:
I hope to be excused.—I will state my reasons.—I have formed an opinion; not on the case now before the court; because I do not know what that case is. But I have
formed an opinion of the nature and tendency of certain actions imputed to the gentleman who now stands before you. I trust, that, without arrogating to myself more than belongs to man, I could divest myself of those prepossessions; but I should be wanting in candor to the court and the parties, if I did not state that I had strong prepossessions.
Col. Burr. I doubt very much whether any gentleman could be found who would not make a similar declaration.
Chief Justice. You do not come within the rule of the court, of having formed and declared an opinion on the case.
Mr. Randolph. I do not recollect ever to have declared an opinion. I certainly have never declared it upon this case.
His excuse was not deemed sufficient.
Mr. John Randolph was sworn as foreman, and the usual oath was administered, by the clerk, to fourteen others; but there not being a full grand jury according to the laws of Virginia (sixteen at least,) Doct. William Foushee, whose name had been erased from the original pannel, on account of his being improperly summoned, was again called as a by-stander.
Doct. Foushee begged to be excused. His name had once been struck off; and as far as the influence stated by Maj. Eggleston extended, it equally operated upon his mind.
Col. Burr. It seems on a former occasion that the court chose to refer it to me to state any objections. Believing that Doct. Foushee does not stand indifferent, I am willing, if the court refers it to me now, to pronounce my opinion, as to the propriety of his being sworn.
Chief Justice. If Doct. Foushee has not given an opinion upon the case, he stands upon the same ground as others. The court has already determined that the declaration of an opinion is necessary as well as the forming of it. I do not understand Doct. Foushee to say that he has pronounced an opinion.
Wickham. Will the court permit me to propound two questions. Has he not made up an opinion? and has he not expressed it?
Doct. Foushee. So far as I have seen the evidence stated in the newspapers, I have formed an opinion of the guilt of Col. Burr, but no further; other evidence may come in which may remove the impressions I have received. My mind is open to conviction, upon the whole case as it may appear in evidence.
Wickham. Perhaps the questions may be better understood by asking whether, without reference to newspapers, or mere rumors, he has made up an opinion, in the abstract, upon the guilt or innocence of Col. Burr, not hypothetically but positively.
Randolph. I am sorry to impose upon the indulgence of the court, or to differ with the counsel engaged on the same side with myself. I will not admit that a man is qualified to serve as a juror, even if he has delivered an opinion hypothetically. In such a case double evidence is requisite to remove the impressions made on his mind. He forms an opinion positively on the case, if the evidence be true; but whether it will turn out so or not, depends upon future investigation. The question to be put to a juror, is, have you expressed an opinion in any stage of the business.
Hay. If Mr. Randolph's doctrine be correct, there is an end to the enquiry and his client is released. Col. Burr and his transactions have been the subject of Newspaper publications for several months past. They have been teeming with them from one end of the continent to the other. Not a man nor a boy can be found who has not formed some opinion on that part of the evidence which has been published. Mr. Randolph's proposition cannot be correct, because it would lead to consequences so inconvenient and absurd. The questions ought to be put as stated by Mr. Wickham.
Randolph. It would be extraordinary indeed if the expression of a hypothetical opinion would not disqualify a person from being a juror. An opinion may be formed upon the law as well as the fact. If the fact be as stated, he has undertaken to declare the law. I should be glad to know whether a person under these circumstances stands indifferent.
Col. Burr. Will the court indulge me with one word:—I should not have availed myself of the right to make an objection more against this gentleman, than against Maj. Eggleston; but I think one expression he has uttered is sufficient to set him aside. He declared that from the testimony he had seen he was already prepared to pronounce on my guilt; but that his impressions might be removed by countervailing evidence. Now it is certain that, as a grand juror, he can receive nothing in extenuation of the charges against me. As all the evidence before him will be on one side, and that on the part of my prosecutors, he can hear nothing except by accident, that will not tend to confirm his prejudice that I am guilty.
C. Justice. The question usually propounded to a juror is, whether he has made up an opinion and declared it.
Doct. Foushee. I have already stated, that if the testimony which I had seen be true, I had made up an opinion. I cannot distinguish between my situation and that of Maj. Eggleston; and should be glad if gentlemen would point it out.
C. Justice. The difference between Maj. Eggleston and doctor Foushee is this: Maj. Eggleston had formed an opinion upon the evidence which he had seen, if true; not upon the guilt or innocence of the party.—Doct. Foushee, in forming an opinion upon the guilt or innocence of col. Burr, has judged both upon the law and fact. The court is satisfied that there is a manifest difference between them, and that doctor Foushee ought not to be sworn on the grand jury.
Col. James Barbour, was then called, as a by-stander, to make up the number of sixteen. He wished to state that his mind was not free from the impressions which had gone abroad, and that he felt the same difficulty in serving which had been expressed by Mr. Randolph.
C. Justice. It were to be wished that a jury could be had who had received no impressions relative to any case which might come before the court, but that cannot be expected. There is nothing in your case which can excuse you from serving.
He was accordingly sworn, and formed one of the following grand jury:
John Randolph, of the county of Cumberland, foreman. Joseph Eggleston, of Amelia. Robert Taylor, of Norfolk. Littleton Waller Tazewell, do. Joseph C. Cabell, of Amherst. James Pleasants, jr. of Goochland. Jon Brockenbrough, of the city of Richmond. William Daniel, jr. of Cumberland. James M. Garnett, of Essex. John Mercer, of Fredericksburg. Edward Pegram, of Dinwiddie. Munford Beverly, of Culpeper. John Ambler, of the city of Richmond. Thomas Harrison, of Prince William. Alexander Shepherd, of Culpeper. James Barbour, of Orange.
After the Chief Justice had delivered a charge to the grand jury and they had retired, a debate (which will be given in the next Argus) ensued on the propriety of giving them special instructions as to the admissibility of certain evidence.
The names of several witnesses summoned in behalf of the United States were then called over; of whom the following appeared, and were recognized in the sum of one thousand dollars each, conditioned for their attendance on the next day at 11 o'clock.
Edward W. Tupper, Julian Dupeistre, Paul Henry Mallet Prevost, James Miller, Thomas Truxton, Samuel Scoufin, Benjamin Stoddart, Nicholas Perkins, George Harris, Cyrus Jones, Simon Poole, Dudley Woodbridge, Jacob Allbright, Peter Taylor, Charles Willie, David C. Wallace and Edmund B. Dana.
SATURDAY, May 23d, 1807.
Present the same judges as on yesterday. The following witnesses appeared in behalf of the United States, and were bound in a recognizance of one thousand dollars each, for their attendance on the court.
Jon G. Henderson, Alexander Henderson, Eric Bollman, Samuel Swartwout, Robert Spence, William Eaton, John Morgan, George Morgan and Thomas Morgan.
The names of the following persons, summoned as witnesses on the part of the United States, were called, but they did not appear.
Ambrose Smith, Hugh Phelps, James Read, William Duane, Leonore Dovaine, Thomas Peterkin, Elins Glover, Samuel Fairlamb, James Lowry Donaldson, William Wilson and William C. Meade.
The counsel for Col. Burr observed, that, if it was the pleasure of the court, the discussion intended for this day on the propriety of giving special instructions to the grand jury, would take place on Monday. This proposition was assented to.
The grand jury appearing pursuant to adjournment, the Chief Justice informed them that the absence of a witness deemed important by the counsel for the United States and the uncertainty of his arrival at any particular period, made it necessary that they should be adjourned. They were accordingly adjourned till Monday.
Some conversation ensued between the court and bar with respect to the propriety of adjourning the grand jury to some distant day in the term. The Chief Justice stated it as his opinion that as there was no necessity for calling over the names of the grand jury every day, they might be considered in contemplation of law still in their chambers till they were called into court; and that it might be understood that they would not be called till some particular day. This, he said, was the practice in some of the States, nor did he know any sound objection to it. But, unless it was considered by counsel on both sides that this course was free from all exception, he should be unwilling, on any account, to adopt it.
The counsel for Col. Burr stated that they knew no objection to the measure, but were unwilling to express any decided opinion, especially as Col. Burr was not then in court. The Chief Justice said that he felt much inclined to accommodate the grand jury; but until farther consideration of the subject, they would stand adjourned till Monday next.
MONDAY, May 25th, 1807.
Present the same judges as on Saturday.
The grand jury appeared in court; and on its being stated by the foreman that they had been two days confined to their chambers, and had no presentment to make, or bills before them; Mr. Hay observed that he had two bills prepared, but wished to suspend the delivery of them, till the witnesses were called, and it was ascertained that all the evidence relied upon by the counsel for the prosecution, could be had. He thought it probable, that, in the course of a week, he should hear of Gen. Wilkinson, who was still absent, and whose testimony was deemed very important.
A further conversation took place as to the propriety of adjourning the grand jury to a distant day of the term; and Monday next was mentioned as the time when they would probably be required to attend.
The Chief Justice observed that from the researches which he had been enabled to make, he was still inclined to favor the opinion which he had expressed on Saturday, that there was no necessity for calling the grand jury every day. This opinion was the result of his reflections upon principles , not from any positive authority on the subject.
Mr. Wickham having stated that as a number of witnesses were attending at a considerable distance on the part of Col. Burr, it might be important to know when the grand jury would be again called; Mr. Hay observed that a motion might be made which would render their presence necessary even on that day.
Mr. Wickham then requested that before any order should be taken in relation to the adjournment of the grand jury, the counsel for the United States might state the nature and object of his motion.
Mr. Hay. The object of my motion is to commit Mr. Burr, on a charge of high treason against the United States. On his examination, there was no evidence of an overt act, and he was committed for a misdemeanor only. The evidence is different now.
Mr. Wickham hoped that the application might be made, and counsel heard.
Mr. Hay. Gentlemen may be assured that they will be apprised of the application
on should be made, and the subject discussed in presence of the grand jury?
Col. Burr. The gentleman has mistaken the object of my motion, as far as it is comprehended in my motion. The design was not that the grand jury might hear, but that the impropriety of mentioning the subject in the presence of the grand jury might be made more manifest. I think it may be demonstrated that while there is a grand jury attending before whom a question may be determined, there is an obvious impropriety in submitting it to any other tribunal for any other purpose.
The grand jury were requested to withdraw.
Mr. Hay renewed his application, stating more at large the grounds on which it was made. The discussion of this question took up the time of the court till nearly five o'clock, when it adjourned without coming to any decision.
During the discussion the grand jury requested to be brought into court; and if it should be deemed improper for them to hear any arguments which might be addressed to the court, they wished them to be suspended while they were present.
They were accordingly brought into court, and a wish being expressed that they would not listen to the discussion of the subject then before the court, they were adjourned until the next day, twelve o'clock.
TUESDAY, May 26th, 1807.
Present the same judges as on yesterday. The grand jury were called, and adjourned over till the next day.
On the motion made yesterday to commit Col. Burr on the charge of treason, the Chief Justice delivered the opinion of the Court as follows:—
In considering the question which was argued yesterday, it appears to be necessary to decide:
1st; Whether the court sitting as a court, possesses the power to commit any person charged with an offence against the U. S.
2ndly; If this power be possessed, whether circumstances exist in this case which ought to restrain its exercise.
The first point was not made in the argument, and would, if decided against the attorney for the United States, only change the mode of proceeding. If a doubt can exist respecting it, that doubt arises from the omission in the laws of the United States to invest their courts, sitting as courts, with the power in question. It is expressly given to every justice and judge, but not to a court.
This objection was not made on the part of Col. Burr and is now mentioned, not because it is believed to present any intrinsic difficulty, but to show that it has been considered.
This power is necessarily exercised by courts in discharge of their functions, and seems not to have been expressly given, because it is implied in the duties which a court must perform, and the judicial act contemplates it in this light. They have cognizance of all crimes against the United States; they are composed of the persons who can commit for those crimes; and it is obviously understood, by the legislature, that the judges may exercise collectively the power which they possess individually, so far as is necessary to enable them to retain a person charged with an offence in order to receive the judgment which may finally be rendered in his case. The court say this is obviously understood by the legislature, because there is no clause expressly giving to the court the power to bail or to commit a person, who appears in discharge of his recognizance, and against whom the attorney for the United States does not choose to proceed, and yet the 33d sect. of the judicial act, evinces a clear understanding in the legislature, that the power to take bail is in possession of the court.
If a person shall appear in conformity with his recognizance, and the court passes away without taking any order respecting him, he is discharged. A new recognizance, therefore, or a commitment on the failure to enter into one, is in the nature of an original commitment, and this power has been uniformly exercised.
It is believed to be a correct position, that the power to commit for offences of which it has cognizance, is exercised by every court of criminal jurisdiction, and that courts as well as individual magistrates are conservators of the peace.
Were it otherwise the consequence would only be that it would become the duty of the judge to descend from the bench, and in his character as an individual magistrate, to do that which the court is asked to do.
If the court possesses the power, it is certainly its duty to hear the motion which has been made on the part of the U. S. for in cases of the character of that under consideration, its duty & its power are co-extensive with each other. It was observed when the motion was made, and the observation may now be repeated, that the arguments urged on the part of the accused rather prove the motion on the part of the U. S. unnecessary, or that inconveniences may result from it, than the want of a legal right to make it.
The first is, that the Grand Jury being now in session ready to receive an indictment, the attorney for the United States ought to proceed by bill instead of applying to the court, since the only purpose of a commitment is to bring the accused before the Grand Jury. This statement contains an intrinsic error which destroys its operation. The commitment is not made for the sole purpose of bringing the accused before a Grand Jury; it is made for the purpose of subjecting him personally to the judgment of the law, and the grand jury is only the first step towards that judgment.
If, as has been argued, the commitment was simply to detain the person until a Grand Jury could be obtained; then its operation would cease on the assembling of a Grand Jury; but such is not the fact. The order of commitment retains its force while the jury is in session, and if the prosecutor does not proceed, the court is accustomed to retain a prisoner in confinement, or to renew his recognizance to a subsequent term.
The arguments drawn from the general policy of our laws, from the attention which should be bestowed on prosecutions, instituted by special order of the executive, from the peculiar inconveniences and hardships of this particular case, from the improper effects which inevitably result from this examination, are some of them subjects for the consideration of those who make the motion, rather than of the court, and others go to the circumlocution with which the testimony in support of the motion ought to be weighed, rather than to the duty of hearing it. (See Extra. Argus.)

MATTRESSES. CAN be had on very short notice, MATTRESSES of all sizes & kinds, agreeably to order, in the large corner white house, opposite the Old City Tavern, two squares below the Market Bridge—BEDS made & MATTRESSES repaired.—Horses TAILS & MANES purchased. Jno. S. Pleasants.
FOR SALE. My tract of Land, In Powhatan county, containing between nine hundred and a thousand acres, and lying within two miles of the courthouse, and on both sides of Fine creek. This tract of land would be sold entire, otherwise laid off in lots to suit purchasers. Any persons inclined to purchase, it is expected will first view the premises—any further description is deemed unnecessary. For terms apply to the subscriber, living on the premises. SAM. BASKERVILLE. Powhatan, Jan. 4th, 1807.
TO RENT, THE TENEMENT, Lately occupied by Mrs. Whitaker, in an agreeable, retired situation, and very convenient for a family. WILLIAM M'KIM. Richmond, March 2, 1807.
Advantageous Establishment. THE subscriber, because of circumstances which have lately occurred in his family, wishes to admit a partner in the business of the Henrico Gun-Powder Works, about a mile and a half from Rocketts, or to sell his rights in the same: Said works are so nearly completed, that they will soon be in operation, and the manufacturer who is engaged to manage the making of the powder, understands the whole art so as to make it equal to any imported. None need apply for a share who cannot advance soon $1000, and employ their resources in the course of the business; there is a fair prospect that said works will be a very advantageous establishment; for further particulars apply to HUGH WARDEN Richmond, 1st May, 1807.
JOHN MENERY, Respectfully informs his friends and the public, that he has just received by the ship United States, capt. Hardy, from Liverpool, his spring assortment of SADDLERY; CONSISTING of almost every article in the business. Likewise Harness Mountings, plated and Brass of different patterns; Coach and Coachman Springs, Steps, long and short; Footmen's holder Glass strings; Laces; Fringes; Glass, 24 by 20, 22 by 20, and 20 by 18; Horse-men's and Pocket Pistols; Secret Locks. N. B. Just received, a neat assortment of Saddlers' Leather—Skirting, Hog and Bag. All of which he will dispose of on moderate terms for cash. May 13. ep1m
Fifty Dollars Reward. THE Lumberhouse of the subscribers was broken open last night and robbed of Two Trunks of Goods: One containing Dimities, Toilets and Manchester stuffs. The other containing Red Cardigan Cloaks. The above reward will be given on apprehension of the thief, and discovery of the Goods. TAYLOR & BROWN. May, 9 1807.
TO SELL OR RENT, My Store-House & Lot, In the town of Warren, Albemarle county. The house is new, and the lot well enclosed; the stand is equal to any in town. A further description will be unnecessary, as it is presumed no person will buy or rent, without viewing the premises. The terms will be made known by applying to Messrs. Thomas Daniel, Robert Anderson, Wm. Brown, of Warren, Mr. Archibald Branch at Buckingham courthouse, or to the subscriber, living on the south fork of Slate river, eight miles above the courthouse. JAMES WALKER. Buckingham, 22d April, 1807.
Notice. ALL persons are forewarned from using or taking Sand from the Sand-Bar, called Coutts's, without the previous consent of the subscribers, who are alone authorised to sell or appropriate the same. For the convenience of those who incline to purchase, we have authorised Mrs. Coutts to act. Any sale or contract which she may make will be ratified by us. Samuel M'Craw, } Trustees Pleasant Younghusband, } Richmond, 20th Feb. 1807.
NOTICE. REBECCA DENNIS, my wife, and myself, having parted by mutual consent, formally expressed under our hands and seals, and she having received from me a sum of money in hand in lieu of all claims, for maintenance or dower, all persons are desired to take notice that I shall not consider myself bound for any purchases or contracts of any description which she may hereafter make. BENJAMIN DENNIS. Richmond, May 4th, 1807.
For Sale, A GOOD HOUSE & LOT, On the hill near Mr. Thomas Rutherford's—for terms apply to ISAAC WEBSTER. Richmond, May 4th, 1807.
FOR SALE, MOUNTAIN LAND, FORMERLY a part of the estate of the late Col. James Madison, and lying in Orange county, within forty-five miles of Fredericksburg, and seventy-five of Richmond. The above tract of land is generally considered the best tract of high land in the county for tobacco, corn and wheat, and will produce from ten to fifteen bushels of wheat to the acre without manure or any other aid. There is a sufficiency of meadow land on it, and most of it reclaimed. It is under good fences, and in the course of the year I shall put on it a tolerable dwelling house and an excellent barn three stories high, with a stable in the lower one, with a wheat machine on the Scotch model. Another tract of LAND, lying in Amherst county, on Harris's creek, within six miles of Lynchburg, and containing five hundred and five acres, being part of a tract formerly belonging to Col. Hugh Rose, dec. This tract is considered of equal quality to any land, in a neighborhood generally esteemed the best soil for tobacco in Amherst. Any person inclined to purchase the land in Orange, will apply to the subscriber residing on the premises; and for the land in Amherst, to G. A. Rose, of Lynchburg, or to Mr. Landon Cabell, of Amherst. Negroes (in families) will be taken in exchange for either or both of the above tracts of land. ROBERT H. ROSE. Orange, April 8th, 1807.
ASSIZE OF BREAD For the city of Richmond, from the 24th inst. until further orders, (superfine flour being 6 dollars per barrel,) viz. A single loaf made of superfine flour 27 oz. for 4d 1-2 Ditto of common flour, 28 1-2 oz. 4d 1-2 Double the above wt. respectively, 9d Wm. RICHARDSON, Mayor. April 24, 1807.
BENNET SCOTT, Taylor & Habit-Maker, RESPECTFULLY informs the Ladies and Gentlemen of Richmond, and the public generally, that he has commenced business on the Main-street, next door below Messrs. McCay and Cowan, Watch-Makers, where all orders in his line will be executed with particular attention to fashion, neatness and punctuality. May 4th, 1807.
NEW YORK STATE LOTTERY, Authorised by an act of the Legislature, and payment of prizes guaranteed by them, POSITIVELY commences drawing in the city of New York, on the second Tuesday in June next. THE CAPITAL PRIZES ARE 1 of 25,000 DOLLARS. 2 of 10,000 DOLLARS. 2 of 5,000 DOLLARS. 2 of 2,000 DOLLARS. 6 of 1,000 DOLLARS. And several of 500, 200, 100, &c. &c.—Less than 2 1-2 blanks to a prize. The FIRST drawn ticket every FIFTH day will be entitled to a capital prize; and the SECOND drawn ticket EVERY DAY, will be entitled to 200 dollars. TICKETS, HALVES, QUARTERS AND EIGHTHS, ARE NOW SELLING AT WAITE'S TRULY FORTUNATE LOTTERY OFFICE, No. 64 and No. 38, Maiden Lane, New York. By enclosing bank notes, of any description, (post paid) to G. and R. WAITE, tickets and shares will be punctually returned by post, to any amount, and the earliest advice sent to adventurers of their success. During the drawing, WAITE's weekly printed prize list will be sent to the printer of this paper, and to the post master at Richmond; and at the conclusion of the drawing, will also be sent, the managers' printed prize list, for the satisfaction of distant adventurers. At the above offices, have been sold in the late lotteries, prizes amounting to a sum, exceeding 500,000 dollars. Present price of tickets, Seven Dollars, but will advance as the drawing approaches. Prize tickets in the late New York lotteries taken in payment. New York, March 10, 1807.
SHOES. THE subscribers, under the firm of J. W. DENNIS & Co. have just received from the northward, a large supply of SHOES, which they warrant newly made, and of the best materials, viz: Gentlemen's superfine Shoes. do. fine do. Negroes coarse do. Lady's and Misses' leather Slips and Brannicks. Boys' and Children's Shoes. Lady's & Misses' Kid & Morocco Slips & Shoes } assorted colors. and without heels. Children's Morocco Shoes, do. Together with a general assortment of GROCERIES and fashionable BONNETS, all of which they offer at a reduced price for cash, produce or acceptances in town. J. W. DENNIS. BENJAMIN DENNIS. Richmond, April 23, 1807.
FOR SALE, SEVEN HUNDRED ACRES OF FIRST RATE SOUTH WEST
FOR SALE, WHEREAS some time past, I purchased a piece of land in Goochland county, of one William Lovell, for which I gave him two bonds, one for eighteen pounds, payable the 25th day of December, one thousand eight hundred and eight, the other bond for 27 pounds, payable the 25th of December, one thousand eight hundred and twelve, and as the said Lovell has gone away without making me a right to the said land agreeable to bargain, I do forewarn all person or persons in trading for the above-mentioned bonds, as I do not intend to pay them unless I get a right agreeable to bargain. Wm. SHEPPARD. 9th November, 1806.
FOR SALE, A tract of LAND, lying in Amherst county, on Harris's creek, within six miles of Lynchburg, and containing five hundred and five acres, being part of a tract formerly belonging to Col. Hugh Rose, dec. This tract is considered of equal quality to any land, in a neighborhood generally esteemed the best soil for tobacco in Amherst. Any person inclined to purchase the land in Orange, will apply to the subscriber residing on the premises; and for the land in Amherst, to G. A. Rose, of Lynchburg, or to Mr. Landon Cabell, of Amherst. Negroes (in families) will be taken in exchange for either or both of the above tracts of land. ROBERT H. ROSE. Orange, April 8th, 1807.
FOR SALE, A tract of LAND, lying in Amherst county, on Harris's creek, within six miles of Lynchburg, and containing five hundred and five acres, being part of a tract formerly belonging to Col. Hugh Rose, dec. This tract is considered of equal quality to any land, in a neighborhood generally esteemed the best soil for tobacco in Amherst. Any person inclined to purchase the land in Orange, will apply to the subscriber residing on the premises; and for the land in Amherst, to G. A. Rose, of Lynchburg, or to Mr. Landon Cabell, of Amherst. Negroes (in families) will be taken in exchange for either or both of the above tracts of land. ROBERT H. ROSE. Orange, April 8th, 1807.
FOR SALE, A tract of LAND, lying in Amherst county, on Harris's creek, within six miles of Lynchburg, and containing five hundred and five acres, being part of a tract formerly belonging to Col. Hugh Rose, dec. This tract is considered of equal quality to any land, in a neighborhood generally esteemed the best soil for tobacco in Amherst. Any person inclined to purchase the land in Orange, will apply to the subscriber residing on the premises; and for the land in Amherst, to G. A. Rose, of Lynchburg, or to Mr. Landon Cabell, of Amherst. Negroes (in families) will be taken in exchange for either or both of the above tracts of land. ROBERT H. ROSE. Orange, April 8th, 1807.
FOR SALE, A tract of LAND, lying in Amherst county, on Harris's creek, within six miles of Lynchburg, and containing five hundred and five acres, being part of a tract formerly belonging to Col. Hugh Rose, dec. This tract is considered of equal quality to any land, in a neighborhood generally esteemed the best soil for tobacco in Amherst. Any person inclined to purchase the land in Orange, will apply to the subscriber residing on the premises; and for the land in Amherst, to G. A. Rose, of Lynchburg, or to Mr. Landon Cabell, of Amherst. Negroes (in families) will be taken in exchange for either or both of the above tracts of land. ROBERT H. ROSE. Orange, April 8th, 1807.
Lesueur & Saunders Are now receiving and will constantly keep a large supply of Bar-Iron & Castings, Of superior quality. Feb. 2d. 1807. tf
TO RENT, A Neat House, IN the Falling Garden, sufficiently large to accommodate a moderate sized family, either by itself or with the following profitable property, to wit:—An ice-house 20 feet by 18 and about 18 deep, well filled and pounded down with good clean ice—a bath-house, which if well attended to will yield a handsome profit; and also may be accommodated with a small or large part of a garden. The above property will be rented either for the season, say six months, or for a longer time, and possession given immediately. Good security will be required for the rent. Enquire of JAMES LOWNES, on the premises. 3d mo. 16th, 1807. tf
PRICES OF Nails, Brads & Sprigs, MANUFACTURED at the Penitentiary, and for sale by NICHOLAS HALLAM, agent for the Commonwealth, a few doors above the Swan Tavern, Richmond. CUT NAILS. Wholesale. Retail. 3d. 12 1-2 cents. 13 1-2 cents per pound. 4d. 11 1-2 12 1-2 6d. 10 1-2 11 1-2 8d. 10 11 10d. 9 1-2 10 1-2 12d. 9 1-2 10 1-2 20d. 9 1-2 10 1-2 CUT BRADS. 8d. 9 1-2 10 1-2 10d. 9 10 12d. 9 10 20d. 9 10 WROUGHT NAILS. 6d. 12 13 8d. 11 1-2 12 1-2 10d. 11 12 12d. 11 12 20d. 11 12 Spikes of all sizes the same price as 30d nails. CUT SPRIGS. 3d.—50 cents per thousand—4d. 67 cents per thousand—6d. 84 cents per thousand. Also, for sale as above, a variety of Plantation Utensils, such as Plough-irons, Harrow-teeth, Axes, Wedges, Chains, &c.
SHOES Of all sizes made of the best materials, may be had on the most reasonable terms. Where also may be had a general assortment of well chosen GROCERIES. May 13, 1807. tf
VALUABLE LOTS FOR SALE. ON Wednesday the 10th of June next, will be SOLD, at auction, on the premises, if not previously disposed of at private sale, that beautiful Square of Ground, Belonging to Col. Quarrier, and now occupied by him. For the convenience of purchasers, it is divided into Thirteen Lots, some of which are improved with dwelling houses and every convenience for families, and all of them are well situated, either for business, (being near the basin of the canal and public warehouse) or for the residence of families, having good prospects and a free circulation of air. A plan of the above property may be seen at the office of the subscribers, to whom, or to Col. Quarrier, all persons desirous of purchasing at private sale, will apply. Terms made known on the day of sale. TAYLOR & BROWN, Auctioneers. May 8, 1807 tds
SALES AT AUCTION. On Tuesday, the 2d June next, at 10 o'clock in the forenoon, will be sold at Public Auction, at the late dwelling house of Doctor JAMES CURRIE, deceased, all his HOUSEHOLD and Kitchen FURNITURE, a Carriage, a pair of Carriage and two Riding Horses, three male and two female house servants—a shoemaker, and a man at present bound as an apprentice to the blacksmith's business. A stock of Liquors, consisting of one half pipe and some demijohns of first quality old Madeira and part of a pipe old Sicily Wine, French Brandy, &c. &c. a hogshead of Molasses and sundry other articles. Six months credit will be allowed on all sums above fifty dollars, the purchasers giving notes negotiable at the Bank of Virginia with approved endorser. Those having claims against the late Doctor Currie, are desired to bring them in properly authenticated, and his debtors are requested to make immediate payment. ROBERT GORDON & } Administrators. JAMES CURRIE. } May 12. tds
WILL BE SOLD, To the highest bidder, for ready money, at the Eagle Tavern, in the city of Richmond, on the 27th day of this month, between the hours of twelve and three o'clock, all that TRACT of LAND, in the forks of James River, in the county of Fluvanna, immediately above the town of Columbia, commonly called and known by the name of the FORK ESTATE; containing five thousand seven hundred and fifty-six acres, more or less, being the whole land contained in the above mentioned Fork estate or thereunto belonging. BENJAMIN MOSBY. } Trustees. THOS. NORVELL. } Richmond, May 14, 1807. tds
WILL BE SOLD, To the highest bidder, for ready money, at the Eagle Tavern, in the city of Richmond, on the 27th day of this month, between the hours of twelve and three o'clock, all that TRACT of LAND, in the forks of James River, in the county of Fluvanna, immediately above the town of Columbia, commonly called and known by the name of the FORK ESTATE; containing five thousand seven hundred and fifty-six acres, more or less, being the whole land contained in the above mentioned Fork estate or thereunto belonging. BENJAMIN MOSBY. } Trustees. THOS. NORVELL. } Richmond, May 14, 1807. tds
WILL BE SOLD, To the highest bidder, for ready money, at the Eagle Tavern, in the city of Richmond, on the 27th day of this month, between the hours of twelve and three o'clock, all that TRACT of LAND, in the forks of James River, in the county of Fluvanna, immediately above the town of Columbia, commonly called and known by the name of the FORK ESTATE; containing five thousand seven hundred and fifty-six acres, more or less, being the whole land contained in the above mentioned Fork estate or thereunto belonging. BENJAMIN MOSBY. } Trustees. THOS. NORVELL. } Richmond, May 14, 1807. tds
ALL persons having claims against the late firm of Allen and Cody, of Cairo, are requested to make them known to the subscriber—and all persons indebted to the said firm, are requested to make immediate payment. WILLIAM M. ALLEN. Surevying partner of Allen & Cody. Cairo, May 7th, 1807. 3w
ROBERT M'DOWELL, RESPECTFULLY informs the public that he continues to keep entertainment at the Red House in Jennings' Gap, sign of the Spread Eagle, situated in the forks of two roads, 12 miles from Staunton and 21 miles from Harrisonburg, leading directly to the different Mineral Springs in the back country. His house is large and airy, with plenty of lodging rooms, well furnished with good Beds. Liquors of the best quality. Also good Stables, to hold upwards of thirty horses, well furnished with Hay and Grain, and an excellent Hostler, &c. He flatters himself by his assiduity to please to give general satisfaction to those who call on him. May 11th, 1807. 6w
MAP OF VIRGINIA. THE subscribers to the MAP OF VIRGINIA, are respectfully informed, that some copies of the work are now ready for delivery, and may be furnished by calling on Mr. JOHN PUMFREY, Stationer and Bookbinder, whom we have appointed our agent for the city of Richmond. No time shall be lost to furnish the whole of our subscribers as well as purchasers. THE PROPRIETORS. Richmond, May 13, 1807. 1m
JUST RECEIVED From Lee and Son's Medicine Warehouse, Baltimore, the following Genuine, Patent and Family MEDICINES, Prepared by Richard Lee and Son, sole proprietors, and sold by special appointment, at James Worrall's medicine store, and no where else in Richmond. Observe that none are genuine without the signature of Richard Lee and Son—on the out side wrapper of each article. Persons not attending to the above instructions, are liable to be imposed upon. Lee's Worm Destroying Lozenges. This medicine is superior to any ever offered to the public, being innocently mild, certain and efficacious in its operations. Should no worms exist in the body, it will, without pain or gripping, cleanse the stomach and bowels of whatever is foul or offensive, and thereby prevent the production of worms and many fatal disorders.
For the prevention and cure of Bilious and Malignant Fevers, is recommended. Lee's Anti Bilious Pills. Prepared by Richard Lee and Son, Baltimore. The operation of these Pills is perfectly mild, so as to be used in safety by persons in every situation, and of every age. They are excellently adapted to carry off superfluous bile, and prevent morbid secretions—to restore and amend the appetite—produce a free perspiration, and thereby prevent colds, which are often of fatal consequence—a dose never fails to remove a cold, if taken on its first appearance.—They are celebrated for removing habitual constipation—sickness at the stomach, and severe headache—and ought to be taken by all persons on a change of climate. They have been found remarkably efficacious in preventing and curing disorders attendant on long voyages, and should be procured and carefully preserved for use by every seaman.
Lee's Elixir. A sovereign remedy for Colds, obstinate Coughs, Catarrhals, Asthmas, Sore throats, and approaching Consumption. To parents who may have children afflicted with the Hooping Cough, this discovery is of the first magnitude, as it affords immediate relief, checks the progress, and in a short time entirely removes the most cruel disorder to which children are liable—The Elixir is so perfectly agreeable, and the dose so small, that no difficulty arises in taking it.
Lee's Grand Restorative, Proved by long and extensive experience, to be absolutely unparalleled in the cure of Nervous Disorders. Consumption Lowness of Spirits, Loss of Appetite. Impurity of Blood, Hysterical Affections, Inward Weaknesses. Violent Cramps in the stomach and back. Indigestion. Melancholy. Gout in the stomach. Pains in the Limbs, Exaltations. Involuntary Emissions. Obstinate Greets. Flour albus (or whites,) Impotency, Barrenness, &c. &c.
Lee's Genuine Essence and Extract of Mustard, A safe and effectual remedy for Acute and Chronic Rheumatism, Gout, Palsy, Lumbago, Numbness, White Swellings, Chilblains, Sprains, Bruises, pains in the face and neck, &c.
Lee's Sovereign Ointment for the Itch, Which is warranted an infallible remedy at one application and may be used with the most perfect safety by pregnant women, or on infants a week old not containing a particle of mercury or any dangerous ingredient whatever, and is not accompanied with that tormenting smart which attends the use of other remedies. Lee's Genuine Bye-Water, A sovereign remedy for all diseases of the eyes whether the effect of natural weakness or of accident. Lee's Genuine Persian Lotion. Lee's Damask Lip Salve. Tooth Ache Drops, The only remedy yet discovered, which gives immediate and lasting relief in the most severe instances. The Anodyne Elixir, for the cure of every kind of Head-Ache. Restorative Powder for the Teeth & Gums. The Indian Vegetable Specific, for the Cure of Venereal Complaints. 98t
IN COUNCIL, April 16, 1807. FOR the information of those persons who are entitled to lands in that part of the state of Ohio reserved by the legislature of Virginia, in their act of cession, for satisfying bounties due to the officers and soldiers of the Virginia line, on continental establishment; It is advised, that so much of the act of the last session of Congress as relates to the granting of further time for locating those warrants, be published by the printer for the commonwealth, at least once a week in his paper for three months; and also once a week for two weeks in all the other newspapers, published in Virginia and in the district of Columbia. It is also advised, that the rules adopted by the executive, in relation to the evidence to be adduced by claimants for military land warrants, and to the amount of allowances to be made them in certain cases be in like manner and for the above periods published in the said papers—which rules are as follows:— In all cases where a certificate of military services is adduced as evidence of a claim for land bounty, the signature of the person certifying must be authenticated by his acknowledgment before some magistrate, or by the affidavits of two witnesses, at least; and where a certificate of the same nature is granted by a person not a commandant of a corps, the same must be verified by the affidavit of such person, accompanied by a certificate of his credibility from the court of the county or corporation in which he resides, or from some magistrate thereof. 2d Any officer or soldier who has served for a longer period than six years, is entitled to additional land bounty in proportion to the time which he may have served beyond the six years, although the said additional service may fall short of or exceed one year. Extract from the Journals of Council. DANIEL L. HYLTION, Clerk of the Council.
BE it enacted by the Senate and House of Representatives of the United States of America in Congress Assembled, That the officers and soldiers of the Virginia line on continental establishment, their heirs or assigns, entitled to bounty lands within the tract reserved by Virginia, between the little Miami and Scioto rivers, for satisfying the legal bounties to her officers and soldiers upon continental establishment, shall be allowed further time of three years, from the twenty third of March next to complete their locations, and a further time of five years from the said twenty third of March next, to return their surveys, and warrants or certified copies of warrants, to the office of the secretary of the war department, any thing in the act entitled "An act to ascertain the boundary of the lands reserved by the state of Virginia north west of the river Ohio, for the satisfaction of her officers and soldiers on continental establishment, and to limit the period for locating the said lands," to the contrary notwithstanding: Provided, no locations, as aforesaid, shall be made after the passing of this act, be made on tracts of land for which patents had previously been issued, or which had been previously surveyed, and any patent which may never have been obtained for land located contrary to the provisions of this section, shall be considered as null and void. The several printers in Virginia, and in the district of Columbia, are requested to insert the above in their respective papers, once a week for two weeks, and transmit their accounts to D. L. HYLTION.
The Imported Horse, PAUL, Is a beautiful sorrel, fifteen hands three inches high, remarkable for his elegance, beauty, strength and fine bones. Will stand the ensuing season at my plantation in Powhatan county, on James river, three miles above the Mannakin town ferry and about the same distance below Jude's ferry, to cover mares at twenty-five dollars the season, but may be discharged by the payment of eighteen dollars if paid by the first day of November next, with half a dollar to the groom. Good and extensive pasture gratis, but no liability for escapes or other accidents. The season will commence on the first of March and end the first day of August next. This beautiful horse PAUL, was raised by the Prince of Wales, and got by his horse Saltam, who was got by O'Kelly's Eclipse, his dam, Virago, by Snap, Paul's dam, Purity, was got by Matchem, her dam, the Old Squirt mare, of as great fame as any mare in the kingdom. Several certificates of Paul as a good and sure foal getter may be seen at his stand. THOMAS HARRIS Jr. Millwood. Feb. 27, 1807. ep15ap&wt1j N. B. Mares may be fed at 2s. per day if the money is sent with them. T. H.
W. HAIGHT, Upholsterer and Paper-Hanger, From New York, ON the Main Street, nearly opposite the Old City Tavern, has just received a large and superb assortment of Mahogany Furniture, With a great variety of hair, flock and tow MATTRESSES, WINDOW BLINDS, RUSSIA DUCK, &c. Also, in store, a large assortment of PAPER HANGINGS, FRINGES, TASSELS, CORDS, CORNICES for windows, &c. &c. all of which he will sell very low. Richmond, May 4, 1807. w3m
Land for Sale. THE Subscriber is desirous of selling his tract of Land in the county of Powhatan, on Appomattox river, (which is now navigable to within two miles of Petersburg) twenty-eight miles from Richmond, and thirty-two from Petersburg; containing four hundred and forty-four Acres. There is on this land a valuable MILL, now in good repair, with a permanent stone dam, situated on a constant stream of water, running immediately through the land. A further description is deemed unnecessary, as it is presumed any person inclined to purchase, will first view the premises. The terms will be such as to suit the purchaser and may be known by applying to the subscriber living on the premises. CREED HASKINS. P. S. I would also sell another tract, situated about one mile from the above tract, on Skinquarter creek, containing three hundred acres. The quality of this land is equal if not superior to any in the neighborhood, and has a large proportion of valuable meadow Land. The terms may be known by applying as above. CREED HASKINS. March 7th, 1807. wtf
TICKETS in the Second Class of the William and Mary College Lottery for sale at this office.