Virginia Argus (Richmond, Va.), 1807-03-03 00:00:00

VIRGINIA ARGUS
[XIVth YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1333.]
RICHMOND:—PRINTED (ON TUESDAYS AND FRIDAYS) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
Four Dollars Per Annum—paid in Advance.
TUESDAY, MARCH 3, 1807.
[12 1/2 Cents Single.]
RICHMOND PRICE CURRENT.
   (CORRECTED WEEKLY.)     Tobacco, — 8 6 00 cash.   Wheat, — 1 17 do.   Flour, superfine, — 6 75 do.   Flour, fine, — 6 25 do.   Corn, — 4 00 do.   Hemp, clean, (per ton) 190 60 do.   Iron, — 120 00 do.   Bacon, — none. 00 do.   Pork, — 6 50 do.   Whiskey, — 54 do.  
WILL BE SOLD, At Public Auction, On the premises, on the third day of March next, An entire Square of valuable well situated
LOTS,
Lying on the Main-street, passing through Adams's Valley, and a short distance from the Market-House.
This square is laid off into nine large, spacious and convenient lots, a plan of which will be shown at any time by the subscriber, and on the day of sale, also, by Messrs. Prosser & Moncure.
Lot, No. 1. A corner lot, 50 feet in front, on the main-street, and running back 150 feet with a cross street.
No. 2. Adjoining lot No. 1, 50 feet front on the main-street, and running back 150 feet.
No. 3. Adjoining Nos. 2 & 3, respectively of the same front & back.
No. 5. A valuable improved lot, contains 86 feet front on the main street, extending to another cross street, which forms a corner—thence following that street thro' the entire square, about 300 feet with a front, also, on the back street, equal to that on the main street. On this lot, immediately on the main street, is a well-finished, large frame house, having three tenements, all in complete repair.
Nos. 6, 7 & 8. Five fronts of 50 feet each, on the back street, and 'butt' against lots, Nos. 4, 5 and 3, respectively, being in depth each one hundred and fifty feet.
No. 9. A corner lot, 50 feet front on the back street, and 150 feet deep, butting on lot, No. 1, bounded and cornered by the same cross street which bounds and corners lot, No. 1.
At the same time and place, will be sold, one hundred thousand
Merchantable Bricks.
The subscriber will also offer for sale, on the seventh day of April next, sundry other
Valuable LOTS,
With and without improvements, lying on the same street and nearly opposite to the above mentioned square of lots—consisting of a lot, on which is erected a neat two story brick house, completely fitted for a grocery, and the accommodation of a family; fronting on the main street about 30 feet, and running back about 200 feet to Adams's canal—Four unimproved lots, 25 feet each, front, adjoining each other, fronting on the same main street, and running back about 250 feet to Adams's canal—These latter lots are separated from the lot on which stands the brick tenement, only by Mr. Samuel Bell's lot.
To give a further description of the above valuable property, is deemed unnecessary. Its advantageous situation, arising from its contiguity to the market—its situation immediately on a populous road, even now, & promises soon to be the greatest inlet to the heart of the city, with the increasing value of landed property in the neighborhood, promise that few similar opportunities will offer hereafter for making such valuable purchases.
The terms are, a credit of 6, 12 and 18 months, the purchasers giving bond and security, together with deeds of trust on the property to secure the faithful performance of their contracts—which bonds and other securities must be made to the satisfaction of Messrs. Prosser & Moncure, who will conduct the sale.
THOMAS PULLING. Richmond, 18th Feb. 1807. tds
Pursuant to the foregoing advertisement, the subscribers will proceed to sell the above mentioned property on the respective days precisely at 11 o'clock in the forenoon of each day, on the premises, agreeably to the terms therein specified.
PROSSER & MONCURE, v. m.
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 McCraw, Pleasant Younghusband, } Trustees. Richmond, 20th Feb. 1807.
JUST RECEIVED, AND FOR SALE AT THIS OFFICE, THE HISTORY
OF NAPOLEON BONPARTE, Emperor of the French and King of Italy. 1 Vol. Octavo, with two Engravings.
COMMITTED to the jail of Prince George county on the 26th day of August last, a negro man who calls himself JIM—says he formerly belonged to James Binford, dec. of Henrico county, and hired out the present year by Benjamin Binford, a son of said James Binford, dec. to a certain Reuben George, also a resident of Henrico county. He is about 5 feet 2 or 3 inches high, of a dark complexion, has a small scar on the upper part of his breast, immediately under his chin—he says he left Mr. George sometime in July last—his dress when committed was an old blue broad cloth coat, the balance consisted of Virginia cotton pantalettes striped with black cotton, and vest striped with copperas, and a black hat. The owner is requested to come forward, pay expenses, and take him away.
BLANKS MOODY, Keeper of the Jail. November 30th, 1806. im
Virginia:
At a Court held for Halifax county, the 22nd day of December, 1806.
Granville Craddock, plaintiff. In
against Daniel Wilson, Obadiah Smith } Chancery.
THE defendant Daniel Wilson, not having entered his appearance and given security according to the act of Assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this state: On the motion of the plaintiff by his counsel, It is Ordered, that the said defendant Daniel Wilson, do appear here on the fourth Monday in March next and answer the plaintiff's bill; and that the defendants Obadiah Smith and Henry Ligon, do not pay away, secrete or otherwise dispose of any monies, goods or effects which they may have in their hands belonging to the defendant Daniel Wilson, until the further order of this court; that a copy of this order be forthwith inserted in some one of the newspapers published in the city of Richmond, for two months successively, and posted at the front door of the courthouse of this county.
A copy, Teste, JOHN BARKSDALE, D. C. H. C.
Virginia:
At a Court held for Halifax county, the 22nd day of December, 1806.
George Calhoun, plaintiff. In
against Daniel Wilson, Obadiah Smith } Chancery.
THE defendant Daniel Wilson, not having entered his appearance and given security according to the act of Assembly and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this state: On the motion of the plaintiff by his counsel, It is Ordered, that the said defendant Daniel Wilson, do appear here on the fourth Monday in March next, and answer the plaintiff's bill; and that the defendants Obadiah Smith and Henry Ligon, do not pay away, secrete, or otherwise dispose of any monies, goods or effects which they may have in their hands belonging to the defendant Daniel Wilson, until the further order of the court; that a copy of this order be forthwith inserted in some one of the newspapers published in the city of Richmond for two months successively, and posted at the front door of the courthouse of this county.
A copy, Teste, JOHN BARKSDALE, D. C. H. C.
The Richmond Academy,
For Female Education, will be opened, in the house lately occupied by James Penn, Esq. on Monday, the 2d day of Feb. 1807, under the superintendence of
Mrs. Anna Byrd,
WHO will herself, teach such pupils, as shall be entrusted to her care, to read and write English Grammatical, together with Arithmetic and Needle work. Her terms are one hundred and fifty dollars per annum, for board and lodging, including fire, candles and washing, and twenty dollars for tuition. The Rev. John D. Blair is appointed teacher of Geography and History. His compensation for each pupil, whom her parent or guardian may direct to be attended by him, is fifteen dollars per annum. The said sums are payable quarterly in advance. The utmost attention will be paid to the morals of the young Ladies received into the Academy, as well as to their improvement in science. Other persons will be employed, so soon as the number and progress of the scholars shall render it expedient, to teach the French and Italian languages, the principles of Natural and Moral Philosophy and Natural History, Music, Dancing and Drawing;—of which notice will in due time be given to the public by
The Trustees. Richmond, Jan. 27th, 1807. wtf
TO RENT,
The tenement, Adjoining this office, and for several years past occupied by the proprietor's family. The rooms are handsomely finished, and sufficiently large to accommodate a moderate sized family very comfortably. There are also a good kitchen, smoke-house, cellars, &c. with a large garden and clover lot, in cultivation, and an excellent stable and cow-house. Apply to the printer. Feb. 24.
BUCKINGHAM COUNTY JANUARY COURT, 1807.
Hobson & St. John, plaintiffs. In
Against Charles Matthews, Walter Irvine, John Irvine and Samuel Bransford, defendants.
ON the motion of the plaintiffs by their counsel, and it appearing to the satisfaction of the court that the defendant Matthews has removed himself without the jurisdiction of this court to parts unknown, It is ordered and decreed, that unless he shall appear here on or before May court next and answer the plaintiffs' bill; the court will then proceed to take the same for confessed as to him, and decree the matter thereof accordingly; and that a copy of this order be forthwith published in some public newspaper of the city of Richmond for two months successively, and another copy be posted up at the front door of the courthouse of this county.
A copy,—Teste, R. ELDRIDGE, Jr. D. C.
W. Haight,
UPHOLSTERER—FROM NEW-YORK, Has for sale, on the Main-street, nearly opposite the Old City Tavern,
MATTRESSES & FEATHER BEDS of every description, with a large & elegant assortment of Paper Hangings and Curtain Trimmings, Mahogany Furniture, Window Curaines, Piano-Portes, &c.
Bed and Window Curtains made in the most fashionable stile, very low. Old Mattresses worked over &c.
The above articles will be sold for cash or country produce. Richmond, Feb. 22, 1807. w2m
BY virtue of a deed of trust executed to the subscribers by John Henderson of the county of Albemarle, to secure the payment of certain debts therein mentioned and for other purposes, we shall expose to sale, by Public Auction, before the door of the Tavern of Mr. Triplett T. Estes, in the town of Charlottesville and county of Albemarle, on the 12th day of March next, John Henderson's interest in the following Property, to wit:
One certain tract or parcel of LAND, on the waters of Hardwire river in the said county, containing by survey six hundred and sixty-six acres, adjoining the lands of Christopher Hudson, Henry Copeland and others.—Also, about six acres of LAND, in or near the town of Milton, on which there is a valuable mill-seat.—Also, an undivided interest in LOTS in the said town of Milton, his proportion being five lots.—Also, the life estate of Mrs. Elizabeth Henderson in and to the LAND and HOUSES near Milton, at present occupied by Mr. Thomas E. Randolph.—Also, two thousand acres of LAND on Taylor's creek in the counties of Jefferson or Scott in the state of Kentucky.—Also, the interest of Hill Carter under the Will of Edward Carter, deceased to certain LANDS in the state aforesaid, which interest the said Henderson purchased of the said Hill Carter.—Also, the interest of the said John Henderson as distributee of his father Bennett Henderson, dec. in and to a certain tract of LAND in the county of Scott and state aforesaid, supposed to be four hundred acres.—Also, the like interest in and to certain LOTS in the town of Milton.—Also, one BAY HORSE.—Also, a BOND executed by James L. Henderson to said John, for the title to certain lands in the state of Kentucky. As the residue of the money arising from the sale of the above mentioned property is to be paid over by us to the proper creditors of John Henderson, authorised to receive the same, it would be to the interest of those creditors to attend the sale and force the property to its proper value. Acting as trustees, we shall only convey the title to the above property vested in us as such.
James Lewis, Matthew Henderson, } Trustees. Feb. 14, 1807. w3t
Sales at Auction.
Will be SOLD, by the subscribers on Tuesday the 14th day of April next, on the premises,
THREE HOUSES and LOT, at present occupied by Thomas Underwood, esq. consisting of an excellent brick dwelling house, smoke-house, carriage-house and stable, all lately built and in complete repair; the lot well enclosed. One half the purchase money payable next Christmas, and the balance payable the Christmas following, for bonds with approved security, with a deed of trust on the property to secure the punctual payment of the money.
At the same time and place will be sold four or five excellent HOUSE SERVANTS, together with several NEW FEATHER BEDS, and a great variety of Household and Kitchen FURNITURE, for bonds with approved security, payable next Christmas.
PROSSER & MONCURE, Auc'rs. Feb. 25, 1807. tds
I SHALL, in pursuance of a decree of the County Court of New-Kent, sell, at the Cross Roads, in said county, on Tuesday the 24th day of March next,
The following Slaves,
To wit: Hannah, Levina and one unnamed Child of Hannah, belonging to the estate of Thomas Dixon, dec. on a credit of six months. Bonds with good security will be required for the purchase money.
JONES R. CHRISTIAN, Com'r. New-Kent, 22d Feb. 1807. tds
FROM THE CHARLESTON COURIER.
COPY OF A LETTER.
From the Hon. Joseph Alston, to His Excellency Charles Pinckney. OAKS, February 6, 1807.
DEAR SIR, I have received and read the President's Message with deep mortification and concern. But the letter annexed to it, stated to be a communication in cyphers from col. Burr, to gen. Wilkinson, excites my unfeigned astonishment. I solemnly avow that, when that letter was written, I had never heard, directly or indirectly, from col. Burr or any other person, of the meditated attack on New Orleans; nor had I any more reason to suspect an attack on that place, or any other part of the U. States, than I have, at this moment, to suspect that our militia will be forthwith ordered on an expedition against Gibraltar. On the other hand, I had long had strong grounds for believing that col. Burr was engaged by other objects, of a very different nature from those attributed to him, and which I confess the best sentiments of my heart approved. I need not add, that those objects involved not the interest of my country. Without adverting to that integrity of principle, which even my enemies, I trust, have allowed me, can it be supposed that a man situated as I am, descended from a family which has never known dishonor, happy in the affection and esteem of a large number of relations and friends, possessed of ample fortune, and standing high in the confidence of his fellow-citizens, could harbor for an instant, a thought injurious to the country which was the scene of those blessings? The supposition would be monstrous. No Sir: It was but a short period before the impression became general, that apprehended the possibility of Mr. Burr's intentions being hostile to the Union; and the moment which gave birth to that apprehension, gave birth to the resolution which became a citizen. I confess, however, there are times even now when, in spite of the strong facts which have been exhibited, I am almost inclined to believe my suspicions injurious. Whatever may be thought of the heart of Mr. Burr, his talents are great beyond question; and to reconcile with such talents, the chimerical project of dismembering the Union, or wresting from it any part of its territory, is difficult indeed. I travelled through a part of the Western Country, during the last summer, and have no hesitation in saying, that either of those projects would have been as much reprobated there as in the Atlantic States. With respect, however, to the communication annexed to the President's Message, which occasions you the trouble of this letter; after my solemn assurances to you that I had never given col. Burr or any other person the smallest reason to imagine that I could be induced to engage in any project against my country; it would be infinitely satisfactory to me, could I explain to you, with the same certainty, the motive which led him to introduce my name as he did. But here, unfortunately all is conjecture.—Two motives only suggest themselves. He imagined perhaps, which, by the way, he had no right to do—that his influence would be sufficiently great to induce my assent, and thought, therefore, he might as well consider it already obtained: Or, which is more probable, he might have imagined, that by the apparent concert of a number of persons from different states, a stronger impression would be made upon his correspondent. Considerable effect, too, was, no doubt, anticipated by Mr. Burr's discernment from the perfect self confidence which would have been manifested by his taking with him his daughter, receiving my co-operation, and thus embarking in the scheme the fortunes of his infant grandson—the only relative, except his daughter, that he has. But, whatever the motive, which drew from col. Burr, the assertions contained in his letter to gen. Wilkinson; facts incontrovertible facts, prove that he had no authority for making them. His daughter did not go with him; the navy of the U. S. is still faithful to its duty; commodore Truxton, I am told, at the very moment he was said to have gone to the West-Indies, was at Philadelphia, which I know not whether he has ever left; and I, instead of following with a corps of worthies, am now at my usual residence where I have been ever since the adjournment of the Legislature, peaceably digging the ploughing of my rice-fields & preparing my lands for the ensuing crop—This is conclusive. A conspirator against the happiness or liberties of his country, would have been, at this moment, very differently employed. Conspirator! the blood that burns my cheek, as I write the word—but I meant to confine myself simply to the disavowal, I have made you of a sin, a tio, or thoughtless to my country. To feel even that disavowal necessary is sufficiently painful: I have yielded, however, to circumstances, and made it. My unequivocal manner of making it, I trust will not leave a doubt upon one candid or honest mind. Still I am aware that the common interchange of good offices, with a man with whom I have been long nearly connected, may have given rise to circumstances which, however innocent in themselves, malignity will delight in distorting, and the illiberal among my political adversaries exert in disseminating. I am aware that there will be men base enough—for you and I have, not long since, seen proofs of it—to whisper even the circumstance of my connection, by marriage, with col. Burr, as a circumstance warranting suspicion. About the opinions of such men I am indifferent. To the more ingenuous
and better part of my fellow-citizens, of whatever sect or party, I can only solemnly repeat, as I have done to you, sooner would I have perished than harbored a thought subversive of the liberties, the happiness or the integrity of my country. Let me always be judged by my own acts, and I shall be satisfied. If Mr. Jefferson or general Wilkinson ever find any thing to urge against me, let it be adduced. My residence is well known, and I shall never shrink from investigation. Nay more, presumption, where I cannot repel it by positive proof, shall be received as good evidence, and the slightest suspicion, which I cannot satisfactorily explain, shall be admitted as guilt.
I remain, my dear Sir, With much respect and regard, Your's always, JOSEPH ALSTON.
MESSAGE
From the president of the U. S. transmitting a memorial of the French minister, on the subject of the claim of Amelie Eugenie de Beaumarchais, heir and legal representative of the late Baron de Beaumarchais. Feb. 6, 1807, read, and referred to the committee of claims. (Concluded.)
OBJECTION.
"It is urged in behalf of the claimant, that it is now in proof that the money was advanced for secret services of a political nature. That argument could not by the officers of the treasury, be taken into consideration, because they were bound to require positive proof of the application of the money in order to credit M. Beaumarchais for the expenditure."
ANSWER.
When the treasury debited the account of M. de Beaumarchais with the said million, it had not the declaration of the government of France, that the said million had been employed in a political secret service, and had not been given on account of supplies. Now this circumstance is known, it may balance the account. It can be no more disputed, that the king, who gave the nine millions, had the power of employing one of them towards the views and to the advantage of the cause which he supported, than his ministers can be required to disclose the object of the service in which it was employed; because it is a secret which they ought to keep, and which M. de Vergennes declared it inconvenient to communicate even 10 years afterwards.
The secretary of the treasury is so well persuaded of it, that he says in his report, "it must be observed that the declaration of the French government should be taken in its strictly literal sense."
After an opinion thus expressed, and which manifests the respect and attention we owe to the declarations of a government, it is justly believed that he would not have hesitated to strike the balance of Mr. de Beaumarchais account, without comprising in it the said million, if he had not found himself bound by the premature opinion of his predecessors, and by the limitation of his powers.
OBJECTION.
"Nor would it be extraordinary that advances made in 1776, in order to enable an individual to furnish warlike supplies to the United States, should have been considered by the French government as an expense for a secret political service."
ANSWER.
Did the government of France keep it secret from the United States, that it had given permission to M. Beaumarchais to obtain cannon, muskets, &c. from the king? No.
Why, therefore, would it have made a secret of this million, if it had been given for the same articles?
Can it be supposed that the king gave a million to pay himself?
It will not be disputed, that at the epoch of the treaty of 1778, which united the two powers, there remained no longer any secret about M. de Beaumarchais having before this time furnished cannon, muskets, &c. taken from the magazines of the king. The arms of France engraved upon these pieces published the secret.
The convention of 1783, openly avowed, that three millions gratuitously given by the king, had been given before the treaty of 1778.
Thus the destination of the million given on the 16th of June, 1776, must be looked upon as very extraordinary, and as a secret, and it cannot with justice be debited to M. Beaumarchais, on account of his supplies.
OBJECTION.
"It is further objected that M. de Beaumarchais, having fairly accounted to his own government, and to their satisfaction, for the application of that million, must be considered as discharged from any accountability to the United States."
ANSWER.
Is it correct to say, that an accountability is not due to a third party not named in the deed or obligation?
If this principle cannot be brought into doubt, M. de Beaumarchais, or rather the government of France says, M. de Beaumarchais has received from me a million, for which he is to account to me; he has rendered this account to me, I have approved it, and I have given him a discharge. The transcript of this receipt will demonstrate to conviction, the truth as well as the justice of what has been advanced.
Copy of the Receipt. "I have received from Mr. Du Vergier agreeably to the orders which have been

given to him by the count de Vergennes, on the 5th current, the sum of a million, of which I will render an account to my said sieur de Vergennes.
"At Paris, the 10th June, 1776. (Signed)
CARON DE BEAUMARCHAIS. From whom did Mr. de Beaumarchais receive a million, according to this receipt?
From M. de Vergennes, by the hands of M. Vergier.
To whom did his own receipt, and the will of him who gave him the million, impose upon him the obligation of accounting?
To M. de Vergennes.
Who received this account?
M. de Vergennes.
Who approved of the account, and gave M. de Beaumarchais a discharge?
The king himself, who gave the said million, and who ordered the destination of it.
The candor and the justice of the secretary of the treasury equally oppose, after this exposition of the said receipt the demand of an account of the said million from M. de Beaumarchais; for if even the account had not been rendered to the government of France, no power, no person (unless he was delegated to its rights by a special power) could demand it; for M. de Beaumarchais, by his billet, is made a debtor of the government of France; and if it had been otherwise, he might as well have been the debtor of any other power, or of any other person, as of the United States.
If M. de Beaumarchais were paid by the United States, does the secretary of the treasury think, that, possessed of his original receipt, he could prosecute him before any court of justice, and hope to recover the amount contained in the said receipt?
If his opinion should be in the affirmative, what risk would the United States run in paying the Beaumarchais family—because they would be certain of recovering what they paid.
To start a doubt, and yet draw from this doubt a conclusion in your favor, is contrary to justice; and by removing the doubt, we remove the consequences.
M. de Beaumarchais, by his obligation, is accountable only to the government of France. The above observations prove it to a demonstration.
OBJECTION.
"It is evident that if he was rightfully charged by the United States for that sum, it is to them and not to the French government that he is accountable. The solemn declaration that the million was a gratuitous gift to the United States, seems inconsistent with the supposition that it was not applied as an aid and subsidy, but given without their knowledge to an individual, responsible for its application, not to the government who had received, but to that who gave the subsidy."
ANSWER.
He has rendered this account. The king has approved it, and he has been discharged from it. The million was given for a political secret service. Why would not the secretary of the treasury wish to look upon the destination given by the king, to that one of the nine millions which is missing, as an aid and subsidy, because this destination (which is a secret and will always remain one) can have no other object than to favor the views and to assure advantages to the United States, and may be denominated aid and subsidy.
The present government of France has made all possible research, in order to enlighten its equity and its justice in an affair which interests a family, whose head employed all the fortune which he ought to have left it, to the support of the American cause; and it is after the most intimate conviction, that this sum is due to M. de Beaumarchais, that it has charged its minister plenipotentiary to declare anew, that the million given on the 10th June, 1776, to M. de Beaumarchais, was employed in a secret service, that an account of it has been rendered to the king, and approved by him, and that it was not given on account of supplies furnished by the said Beaumarchais to the United States.
(Signed) TURREAU. Washington, January 14, 1807. Faithfully translated, JACOB WAGNER, Chief clerk, dep. state.
SUPREME COURT OF THE UNITED STATES, FEB. TERM, 1807.
The United States vs. Bollman and Swartwout. Habeas Corpus on a commitment for treason.
Chief Justice MARSHALL on the 21st instant, delivered the following opinion of the Court.
The prisoners having been brought before this court on a writ of habeas corpus, and the testimony on which they were committed having been fully examined and attentively considered, the court is now to declare the law upon their case.
This being a mere enquiry which, without deciding upon guilt, precedes the institution of a prosecution, the question to be determined is whether the accused shall be discharged or held to trial, and if the latter, in what place they are to be tried, and whether they shall be confined, or admitted to bail. "If," says a very learned and accurate commentator, "upon this enquiry it manifestly appears that no such crime has been committed, or that the suspicion entertained of the prisoner was wholly groundless, in such cases only it is lawful totally to discharge him. Otherwise he must either be committed to prison or give bail."
The specific charge brought against the prisoner is treason in levying war against the U. S.
As there is no crime which can more excite and agitate the passions of men than treason, no charge demands more from the tribunal before which it is made a deliberate and temperate enquiry. Whether this enquiry be directed to the fact or to the law, none can be more solemn, none more im-
portant to the citizen or to the government—none can more affect the safety of both. To prevent the possibility of those calamities which result from the extension of treason to offences of minor importance, that great fundamental law which defines & limits the various departments of our government has given a rule on the subject both to the legislature and the courts of America which neither can be permitted to transcend.
"Treason against the U. S. shall consist only in levying war against them, or in adhering to their enemies giving them aid and comfort."
To constitute that specific crime for which the prisoners now before the court have been committed, war must be actually levied against the United States. However flagitious may be the crime of conspiring to subvert by force the government of our country, such conspiracy is not treason. To conspire to levy war, and actually to levy war, are distinct offences. The first must be brought into operation by the assemblage of men for a purpose treasonable in itself, or the fact of levying war cannot have been committed. So far has this principle been carried that, in a case reported by ventries, and mentioned in some modern treatises on criminal law, it has been determined that the actual enlistment of men to serve against the government does not amount to levying war. It is true that in that case the soldiers enlisted were to serve without the realm, but they were enlisted within it, and if the enlistment for a treasonable purpose could amount to levying war, then war had been actually levied.
It is not the intention of the court to say that no individual can be guilty of this crime who has not appeared in arms against his country. On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force, a treasonable purpose, all those who perform any part, however minute or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors. But there must be an actual assemblage of men for the treasonable purpose, to constitute a levying of war.
Crimes so atrocious as those which have for their object the subversion by violence of those laws and those institutions which have been ordained in order to secure the peace and happiness of society, are not to escape punishment because they have not ripened into treason. The wisdom of the legislature is competent to provide for the case; and the framers of our constitution who not only defined and limited the crime, but with jealous circumspection attempted to protect their limitation by providing that no person should be convicted of it, unless on the testimony of two witnesses to the same overt act, or on confession in open court, must have conceived it more safe that punishment in such cases should be ordained by general laws formed upon deliberation, under the influence of no resentments, and without knowing on whom they were to operate, than that it should be inflicted under the influence of those passions which the occasion seldom fails to excite, and which a flexible definition of the crime, or a construction which would render it flexible, might bring into operation. It is therefore more safe as well as more consonant to the principles of our constitution that the crime of treason should not be extended by construction to doubtful cases; and that crimes not clearly within the constitutional definition should receive such punishments as the legislature in its wisdom may provide.
To complete the crime of levying war against the U. S. there must be an actual assemblage of men for the purpose of executing a treasonable design. In the case now before the court, a design to overturn the government of the U. S. in New Orleans by force, would have been unquestionably a design which if carried into execution would have been treason, and the assemblage of a body of men for the purpose of carrying it into execution, would amount to levying of war against the U. S. but no conspiracy for this object, no enlisting of men to effect it, would be an actual levying of war.
In conformity with the principles now laid down have been the decision heretofore made by the judges of the U. S. The opinions given by judge Paterson and judge Iredell in cases before them imply an actual assemblage of men though they rather designed to remark on the purpose to which the force was to be applied than on the nature of the force itself. Their opinions however contemplate the actual employment of force.
Judge Chase in the trial of Fries was more explicit.
He stated the opinion of the court to be "that if a body of people conspire and meditate an insurrection to resist or oppose the execution of any statute of the U. S. by force, they are only guilty of a high misdemeanor; but if they proceed to carry such intention into execution by force, that they are guilty of the treason of levying war; and the quantum of the force employed, neither lessens nor increases the crime: whether by one hundred, or one thousand persons, is wholly immaterial. "The court are of opinion," continued Judge Chase, on that occasion, "that a combination or conspiracy to levy war against the U. S. is not treason, unless combined with an attempt to carry such combination or conspiracy into execution; some actual force or violence must be used in pursuance of such design to levy war; but it is altogether immaterial whether the force used is sufficient to effectuate the object; any force connected with the intention, will constitute the crime of levying war."
The application of these general principles to the particular case before the court will depend on the testimony which has been exhibited against the accused.
The first deposition to be considered is that of general Eaton. This gentleman connects in one statement the purport of numerous conversations held with col. Burr throughout the last winter. In the course of these conversations were communicated various criminal projects which seem to have been revolving in the mind of the projector. An expedition against Mexico seems to have been the first and most matured part of his plan, if indeed it did not constitute a distinct and separate plan, upon the success of which other schemes still more culpable, but not yet well digested might
depend. Maps and other information preparatory to its execution, and which would rather indicate that it was the immediate object, had been procured, and for a considerable time, in repeated conversations the whole efforts of col. Burr were directed to prove to the witness who was to have held a high command under him, the practicability of the enterprise, and in explaining to him the means by which it was to be effected.
This deposition exhibits the various schemes of col. Burr, and its materiality depends on connecting the prisoners at the bar in such of those schemes as were treasonable. For this purpose the affidavit of general Wilkinson comprehending in its body the substance of a letter from col. Burr has been offered and was received by the circuit court. To the admission of this testimony great and serious objections have been made. It has been urged that it is a voluntary, or rather an extrajudicial affidavit made before a person not appearing to be a magistrate, and contains the substance only of a letter, of which the original is retained by the person who made the affidavit.
The object on which the affidavit is extrajudicial resolves itself into the question whether one magistrate may commit on an affidavit taken before another magistrate. For if he may, an affidavit made as the foundation of a commitment, ceases to be extrajudicial, and the person who makes it would be as liable to a prosecution for perjury as if the warrant of commitment had been issued by the magistrate before whom the affidavit was made.
To decide that an affidavit made before one magistrate would not justify a commitment by another might in many cases be productive of great inconvenience, and does not appear susceptible of abuse if the verity of the certificate be established. Such an affidavit seems admissible on the principle that before the accused is put upon his trial, all the proceedings are exparte. The court therefore over-ruled this objection.
That which questions the character of the person who has on this occasion administered the oath is next to be considered.
The certificate from the office of the department of state has been deemed insufficient by the council for the prisoners, because the law does not require the appointment of magistrates for the territory of N. Orleans to be certified to that office, because the certificate is in itself informal, and because it does not appear that the magistrate had taken the oath required by the act of congress.
The first of these objections is not supported by the law of the case, and the second may be so readily corrected that the court has proceeded to consider the subject as if it were corrected, retaining however any final decision, if against the prisoners, until the correction shall be made. With regard to the third, the magistrate must be presumed to have taken the requisite oaths, since he is found acting as a magistrate.
On the admissibility of that part of the affidavit which purports to be as near the substance of the letter from col. Burr to gen. Wilkinson as the latter could interpret it, a division of opinion has taken place, in the court. Two judges are of opinion that as such testimony delivered in the presence of the prisoner on his trial, would be totally inadmissible, neither can it be considered as a foundation for a commitment. Although in making a commitment the magistrate does not decide on the guilt of the prisoner, yet he does decide on the probable cause, and a long and painful imprisonment may be the consequence of his decision. This probable cause therefore ought to be proved by testimony in itself legal, & which, though from the nature of the case it must be exparte, ought, in most other respects to be such as a court and jury might hear.
Two judges are of opinion that in this incipient stage of the prosecution an affidavit stating that the general purport of a letter may be read, particularly where the person in possession of it is at too great a distance to admit of its being obtained, and that a commitment may be founded on it.
Under this embarrassment it was deemed necessary to look into the affidavit for the purpose of discovering whether if admitted, it contains matter which would justify the commitment of the prisoners at the bar on the charge of treason.
That the letter from col. Burr to gen. Wilkinson relates to a military enterprise meditated by the former, has not been questioned. If this enterprise was against Mexico, it would amount to a high misdemeanor, or if against any of the territories of the U. S., or if in its progress the subversion of the government of the United States in any of their territories was a mean clearly and necessarily to be employed, if such mean formed a substantive part of the plan, the assemblage of a body of men to effect it would be levying war against the United States.
The letter is in language which furnishes no distinct view of the design of the writer. The co-operation, however, which is stated to have been secured, points strongly to some expedition against the territories of Spain. After making these general statements the writer becomes rather more explicit, and says, "Burr's plan of operations is to move down rapidly from the falls on the 16th of November with the first 500 or 1000 men in light boats, now constructing for that purpose, to be at Natchez between the 5th and 15th of December, there to meet Wilkinson; then to determine whether it will be expedient in the first instance to seize on or pass by Baton Rouge. The people of the country to which we are going are prepared to receive us. Their agents now with Burr say that if we will protect their religion and will not subject them to a foreign power, in three weeks all will be settled."
There is no expression in these sentences which would justify a suspicion that any territory of the U. S. was the object of the expedition.
For what purpose seize on Baton Rouge; if it was designed against the U. S.?
"The people of the country to which we are going are prepared to receive us." This language is peculiarly appropriate to a foreign country. It will not be contended that the terms would be inapplicable to a territory of the U. S., but other terms would more aptly convey the idea, and Burr seems to consider himself as giving information
of which Wilkinson was not possessed. When it is recollected that he was the governor of a territory adjoining that which must have been threatened, if a territory of the U. S. was threatened, and that he commanded the army, a part of which was stationed in that territory, the probability that the information communicated related to a foreign country, it must be admitted, gains strength.
"Their agents now with Burr say that if we will protect their religion and will not subject them to a foreign power, in three weeks all will be settled."
This is apparently the language of a people who, from the contemplated change of their political situation, feared for their religion, and feared that they would be made the subjects of a foreign power. That the Mexicans should entertain these apprehensions was natural and would readily be believed. They were, if the representation made of the dispositions be correct about to place themselves much in the power of men who professed a faith different from theirs, and who by making them dependent on England, or the U. S. would subject them to a foreign power.
The people of New Orleans as a people, if really engaged in the conspiracy, should feel the same apprehensions, & require assurances on the same points, by no means so obvious.
There certainly is not in the letter delivered to general Wilkinson, so far as that letter is laid before the court, one syllable which has a necessary or a natural reference to an enterprise against any territory of the U. S.
That the bearer of this letter must be considered as acquainted with its contents, is not to be controverted. The letter and his own declaration serve the fact.
After stating himself to have passed through New York and the western states and territories, without insinuating that he had performed on his route any act whatever which was connected with the enterprise, he states their object to be "to carry an expedition to the Mexican provinces."
This statement may be considered as explanatory of the letter of col. Burr, if the expressions of that letter could be thought ambiguous.
But there are other declarations made by Mr. Swartwout, which constitute the difficulty of this case. On an enquiry from gen. Wilkinson, he said "this territory would be revolutionized where the people were ready to join them, and that there would be some seizing, he supposed, at N. Orleans."
If these words import that the government established by the United States in any of its territories, was to be revolutionized by force, although merely as a step to, or a means of executing some greater projects, the design was unquestionably treasonable, and any assemblage of men for that purpose would amount to a levying of war. But on the import of the words a difference of opinion exists. Some of the judges suppose they refer to the territory against which the expedition was intended, others to that in which the conversation was held. Some consider the words if even applicable to a territory of the United States, as alluding to a revolution to be effected by the people rather than by the party conducted by col. Burr.
But whether this treasonable intention be really imputable to the plan or not, it is admitted that it must have been carried into execution by an open assemblage of men for that purpose, previous to the arrest of the prisoner, in order to consummate the crime as to him; and a majority of the court is of opinion that the conversation of Mr. Swartwout affords no sufficient proof of such assemblage.
The prisoner stated that "col. Burr with the support of a powerful association extending from New-York to New-Orleans, was levying an armed body of 7000 men from the state of New York and the western states and territories, with a view to carry an expedition to the Mexican territories."
That the association, whatever may be its purpose, is not treason, has been already stated. That levying an army may or may not be treason, and that this depends on the intention with which it is levied, and on the point to which the parties have advanced, has been also stated. The mere enlisting of men without assembling them is not levying war. The question then is whether this evidence proves col. Burr to have advanced so far in levying an army as actually to have assembled them.
It is argued that since it cannot be necessary that the whole 7000 men should have assembled, their commencing their march by detachments to the place of rendezvous, must be sufficient to constitute the crime.
This position is correct, with some qualification. It cannot be necessary that the whole army should assemble, and that the various parts which are to compose it should have combined. But it is necessary that there should be an actual assemblage, and therefore the evidence should make the fact unequivocal.
The travelling of individuals to the place of rendezvous would perhaps not be sufficient. This would be an equivocal act, and has no warlike appearance. The meeting of particular bodies of men and their marching from places of partial to a place of general rendezvous would be such an assemblage.
The particular words used by Mr. Swartwout are that col. Burr was levying an armed body of 7000 men. If the term levying in this place imports that they were assembled, then such fact would amount, if the intention be against the United States, to levying war. If it barely imports that he was enlisting or engaging them in his service, the fact would not amount to levying war.
It is thought sufficiently apparent that the latter is the sense in which the term was used. The fact alluded to, if taken in the former sense, is of a nature so to force itself upon the public view, that if the army had then actually assembled either together or in detachments, some evidence of such assembling, would have been laid before the court.
The words used by the prisoner in reference to seizing at New-Orleans, and borrowing perhaps by force from the bank, though indicating a design to rob, and consequently importing a high offence, do not designate the specific crime of levying war against the U. S.
It is therefore the opinion of a majority of the court, that in the case of Samuel Swartwout, there is not sufficient evidence of his levying war against the United States
to justify his commitment on the charge of treason.
Against Erick Bollman there is still less testimony. Nothing has been said by him to support the charge that the enterprise in which he was engaged had any other object than was stated in the letter of col. Burr. Against him, therefore, there is no evidence to support a charge of treason.
That both the prisoners were engaged in a most culpable enterprise against the dominions of a power at peace with the United States, those who admit the affidavit of gen. Wilkinson cannot doubt. But that no part of this crime was committed in the district of Columbia, is apparent. It is therefore the unanimous opinion of the court that they cannot be tried in this district.
The law read on the part of the prosecution is understood to apply only to offences committed on the high seas, or in any river, haven, basin or bay, not within the jurisdiction of any particular state. In these cases there is no court which has particular cognizance of the crime, and therefore the place in which the criminal shall be apprehended, or, if he be apprehended where no court has exclusive jurisdiction, that to which he shall be first brought is substituted for the place in which the offence was committed.
But in this case, a tribunal for the trial of the offence wherever it may have been committed, had been provided by congress; and at the place where the prisoners were seized by the authority of the commander in chief, there existed such a tribunal. It would too be extremely dangerous to say, that because the prisoners were apprehended, not by a civil magistrate, but by the military power, there could be given by law a right to try the persons so seized in any place which the general might select, and to which he might direct them to be carried.
The act of congress which the prisoners are supposed to have violated, describes as offenders those who begin or set on foot, or provide or prepare the means for any military expedition or enterprise to be carried on from thence against the dominions of a foreign prince or state, with whom the U. S. are at peace.
There is a want of precision in the description of the offence which might produce some difficulty in deciding what cases would come within it. But several other questions arise which a court consisting of four judges finds itself unable to decide, and therefore as the crime with which the prisoners stand charged has not been committed, the court can only direct them to be discharged. This is done with the less reluctance because the discharge does not acquit them from an offence which there is probable cause for supposing they have committed, and if those whose duty it is to protect the nation by prosecuting offenders against the laws shall suppose those who have been charged with treason to be proper objects for punishment, they will, when possessed of less exceptional testimony, and when able to say at what place the offence has been committed, institute fresh proceedings against them.
The order of the court was as follows: The United States } On a writ of Habeas vs. } Swartwout. } Corpus.
The arguments of the attorney general and of the attorney of the U. S. for the district of Columbia, and the arguments of counsel for the prisoner having been heard; and the record of the circuit court for the county of Washington containing the order by which the said Samuel Swartwout was committed on the charge of treason in levying war against the U. S. and the testimony on which the said commitment was made having been inspected and attentively considered, the court is of opinion that the testimony does not furnish probable cause for supposing that the said Samuel Swartwout has levied war against the United States and doth therefore direct that he be forthwith discharged from the custody of the marshal.
The same order with regard to Bollman.
LONDON, January 4.
A gentleman who landed at Hull, and arrived in town yesterday, left Memel on the 6th ult. and passed several days at Koningsberg, whence he sailed on the 20th—He saw the King and Queen of Prussia at a small town near Koningsberg the day before his departure: their majesties lodged at a grocer's shop, and the Prime minister Haugwitz, occupied a miserable apartment at an apothecary's!!! The King supported the extraordinary reverse of fortune which he has experienced with composure and fortitude; but the Queen was sensibly affected at this woeful change in her condition—There were about 4,000 troops in the town, and about 20,000 in Koningsberg and its neighborhood.
Mr. Morier, Mr. Murray, Mr. Moore, and other English gentlemen, who arrived in town on Friday and yesterday from the continent, are unanimous in the most favorable reports of the number and efficiency of the Russian armies. Mr. Morier, in his route from Vienna to Koningsberg, passed the corps under General Bennington—it was 80,000 strong and in excellent order. Its retreat from the Vistula principally arose from want of provisions, the Prussian magazines being every where empty.
NEW-YORK, Feb. 19.
The ship Oliver Elsworth, captain Bennett, from Liverpool, having been blown out of the Bay on Sunday with the loss of an anchor, arrived yesterday afternoon—She left the Rock on the 7th ult. and captain Bennett has favored the editors of the New-York Gazette with papers to the 5th, from which they have given some extracts though they contain nothing later from the arms than already received from France—but they contain an article highly pleasing and truly important to this country, viz—that
On the 31st of December, a treaty of amity, commerce, and navigation, between this country and Great Britain, was signed by the respective negotiators—and that a messenger was on the eve of departing for America with a copy of the treaty.
The bearer of the treaty was to have come out with captain Bennett, but was not quite ready when he sailed—so that he may be daily expected.
Good news—Letters delivered last evening at the post office, by the Oliver Elsworth, from Liverpool, state that a treaty of amity, commerce and navigation was signed at London on the 31st of December last by Messrs Monroe and Pinckney, our ministers, and by the commissioners of the British government appointed to adjust our differences with them. The treaty is understood to be on board, contained in a despatch for our government. The treaty, it seems, is to be kept secret until the ratifications shall have been mutually exchanged by the two governments.—Amer. Cit.

LONDON, January 3. We are happy to congratulate our commercial readers on the adjustment of the differences between Great Britain and America. A letter, of which the following is a copy, was, with due attention to the mercantile interest of the country, transmitted to Philip Sanson, esq. chairman of the committee of American merchants, and by him sent to Lloyd's and the American coffee houses.
Downing street, Jan. 1, 1807. SIR, I have the honor of acquainting you, for the information of the merchants concerned in the trade with America, that a treaty of amity, navigation, and commerce, between his majesty and the United States of America, was yesterday signed by the commissioners respectively appointed for the purpose by the two governments. The treaty will be immediately transmitted to America; but until the ratifications on both sides shall have been exchanged, it cannot be made public. I have the honor to be, &c. HOWICK.
Philip Sanson, esq. chairman of the committee. The very important terms of this arrangement we are no otherwise acquainted with than from report, but we understand, that the circuitous trade with the belligerent powers, through America, is to be ALLOWED under certain conditions. We heartily congratulate the country upon the accommodation of a misunderstanding, which we understand, the enemy were sedulously endeavoring, both by their agents in the United States and the corrupt and disloyal factions which disgrace that country, to kindle into a war.
The treaty lately signed with the American ministers here, is reported to recognize the right assumed by the U. States of carrying to France and Spain the produce of their colonies, on its undergoing the forms of entry in America. We trust the statement is fallacious; but shall refrain from comment on the subject until we are fully informed of it.—Lon. haph.
BALTIMORE, February 23. From Mr. H. C. Dwerhagen (formerly of this city) passenger in the Mississippi, capt. Skidman, we have received London papers to the 3d January, inclusive. The most important articles contained in these papers have been received by subsequent arrivals at New-York. Mr. D. could not forward the file at an earlier date, owing to the misfortune which happened with the Mississippi; she having been cast away on Squam Beach, on Sunday the 15th instant. The Mississippi's cargo has been carried up to New-York in lighters. She brought about sixty passengers. In the traveller of January 8, which accompanies Mr. D's very acceptable communication, we find the following:
"The fourth Gottenburg mail arrived yesterday evening. There is not a line in it to confirm the extravagant rumor circulated at Copenhagen on the 6th ult. of a general engagement between the French and Russians, in which the former were defeated. Bonaparte remained at Posen on the 11th, busily employed in organizing the Polish insurrection. The Russians were said to have fallen back, between sixty and seventy miles from the Vistula; but we have no information that the French have advanced to any considerable distance on the other side of the river. It is evident from the great efforts making by the French to bring up their reinforcements, that the grand contest is yet to take place. As soon as those shall have arrived, it is probable that Bonaparte will endeavor to terminate the war by some decisive blow. The immense number of troops that are on their way to Poland, both from France and Italy, leads to one of these conclusions—either that he has some doubts of being able to maintain himself on the Vistula, or that he has some project of ambition in view, far more extravagant than any he has yet disclosed. Indeed, when we consider the ardent and impetuous character of this extraordinary man, and what he has effected, we should not be surprised to find that he endeavors to penetrate to Russia, or at least to push a considerable part of his army into Turkey. The report of a rupture between Russia and the Porte, is, we are happy to state, wholly unfounded. So far from hostilities having been commenced by the former, the best understanding is said to prevail between the two powers. The French minister has been driven from Constantinople, and the Reis Effendi, who had been gained by him, is reported to have been put to death. Government received dispatches yesterday from Constantinople, which, we understand, confirm the most material part of this intelligence, namely, the total decline of French influence at the Porte. [Fed. Gaz.]
WASHINGTON CITY, Feb. 25. Extract of a letter from a gentleman of respectability, dated Washington, Miss Ter. 20th Jan. 1807.
"As I suppose that you will be solicitous to hear the state of public affairs here, I take up my pen to inform you that Col. Burr has been here about a fortnight. His approach gave much alarm, and that alarm has generally been kept up by successive rumors. It does not appear certain, however, that more than 40 or 50 persons accompanied him, and no arms of any moment have been found. There are persons however, of good observation, who think he has 300 strangers here of his party. The general assertion which is made by them, is that their object was to settle the Washita lands. South of Bastrop, and certainly many of them are persons from whom one should much more readily expect a project of this kind than any military enterprise."
"Many depositions have been taken, but nothing of moment has come out, except indeed that a Mr. Butler of Kentucky, did last week apply to an acquaintance in Natchez to buy up a quantity of guns for Mr. Burr. Comfort Tyler speaks of emigration only. Mr. Blennerhassett, and Mr. Davis Floyd have not yet been examined."
"There is at Natchez a son of general Nevil, and a young gentleman of the name of Wilkins and two others of the name of Elliott and Robertson, all said to be friends of Mr. Burr. Governor Williams reached Natchez yesterday, but brings no accounts of any thing particularly worthy of notice on the river. Col. Burr is recognized to appear at the supreme court next Monday and take his trial."
"The attorney general, however, is of opinion that the court can take no cognizance of the offence. It was not one of the superior courts existing here when the act of Congress giving federal jurisdiction to the territorial courts was passed; and is indeed only a court of errors and appeals, except in civil cases where a special jury is required. On this ground he has declined acting or at least not acted on an application from the collector at Fort Stoddert relative to offences under the revenue laws."
FROM THE BALTIMORE EVENING POST.
In the morning of the 18th inst. a petition was presented to Judge Nicholson, on behalf of General John Adair, late a Senator of the United States from the state of Kentucky, and Mr. Peter V. Ogden, stating that they were illegally imprisoned in Fort M'Henry and detained by Lieutenant Pinckney and Lieutenant Luckett, and praying that a habeas corpus might issue to bring Adair and Ogden before the Judge, in order that the cause of their confinement might be enquired into. The petition was accompanied by the affidavit of John Scheldan and David Young, stating the actual confinement and detention of the prisoners in Fort M'Henry, and the belief of the witnesses that they were thus confined without any legal authority or warrant to justify it.
The Judge conceiving a habeas corpus to be a writ of right which could not be refused to any freeman demanding it under such circumstances, immediately issued it, directed to Lieut. Pinckney and Luckett, and made it returnable at four o'clock in the afternoon of the same day, at the house of Wm. Evans, in the city of Baltimore. At the appointed hour, the prisoners were brought up by Lieut. Pinckney, who had them in charge and he was attended by Lieut. Luckett. The return to the habeas corpus, made by Lieut. Pinckney, was, "That the prisoners were brought to Fort M'Henry on the night of the 17th of Feb. 1807, by Lieut. Luckett, with a corporal and three private soldiers; that he was informed by the said Luckett, that he brought them and delivered them to him (Pinckney) by the order of Gen. Wilkinson; & that he, the said Pinckney, received them into his custody in pursuance of the order, a copy of which is annexed; and that he had no knowledge of the cause for which they were arrested or delivered to his custody, except by the information of others."
The order referred to in the return of Lieut. Pinckney, was a letter dated at New Orleans, Jan. 17, 1807, from Gen. Wilkinson, addressed to the commanding officer of Fort M'Henry in these words: "You are hereby required, to receive into your custody, the persons of Gen. John Adair and Peter V. Ogden, and to hold them in safety under a proper guard, subject to the orders of the Secretary of War. You are to receipt to Lieut. Luckett for those prisoners."
As the habeas corpus was directed to Lieut. Luckett also, he likewise made a return, "that he had in pursuance of the orders, a copy of which was annexed, delivered the said John Adair and Peter V. Ogden to the custody of Lieut. Pinckney, and that at the time the writ was served on him they were not in his custody."
The order referred to in the return of Lieut. Luckett was a letter from General James Wilkinson, dated New Orleans, Jan. 17, 1807, directed to Lieut. Luckett, which, on account of its length, is not inserted literally. He was commanded to be very strict in guarding them &c. and on approaching the city of Baltimore, to land near Fort M'Henry, and deliver the prisoners in safety to the commanding officer of the fort. He was directed in the said letter to prevent any boat from boarding the schooner, and if a habeas corpus was served on him or the captain, for either or both of the prisoners, he was to disregard it, and not to give them up.
Neither of the letters contained any charge whatever against either of the prisoners, nor had the officers who had them in custody given any information of a charge against them. As Lieut. Luckett had escorted the prisoners from N. Orleans the judge thought proper to examine him upon oath. He was therefore particularly interrogated "whether he knew of John Adair or Peter V. Ogden having been concerned in the commission of any offence against the laws of the U. States, or any particular state; whether he knew of their being concerned in any enterprise against the U. States or against any nation in amity with the U. States, and generally whether he knew for what offence they had been taken into custody?" To all of which he answered that he knew nothing relative to them, except what he had heard in general conversation, and had seen in newspapers, which was a report of their connexion with Col. Burr in the enterprise which it was supposed he was carrying on, but he had no personal knowledge of it from any other source—that he did not see Gen. Wilkinson after the prisoners were arrested, and therefore did not know the cause of the arrest. He had conjectured that it was a suspicion of their being concerned with Burr. He likewise said, on being questioned, that he did not know of any person who could give further information, nor did he know or believe that the said Adair and Ogden, or either of them, were officers or privates in the army of the United States."
The judge then addressing himself to Lieutenant Pinckney said, "these persons have been brought before me in pursuance of a Habeas Corpus directed to you for that purpose; they are now therefore under the civil authority, and are to be dealt with according to law." No testimony whatever has been adduced to show that they have been guilty of any offence whatever against the United States, or any other particular state; the military order of a Commander in Chief may be sufficient to authorise the confinement of an officer or private in the army; but neither this nor the reports contained in Newspapers (however true they may be) do not warrant a commitment to prison, or holding to bail a freeman without some other evidence of his guilt. I do therefore, order John Adair and Peter V. Ogden, to be discharged. They were accordingly discharged. During the whole time they were before the judge (about an hour) Gen. Adair and Mr. Ogden observed a profound silence.
VIRGINIA ARGUS. RICHMOND: TUESDAY, MARCH 3, 1807.
THE reports which have lately circulated against the character of Gen. Wilkinson, have a very mysterious aspect. The zeal he apparently manifested against Burr and his adherents, seems quite inconsistent with his being himself a traitor. Yet his conduct is in some respects unaccountable; and certainly liable to suspicion, which may be permanently injurious to his reputation. It must be admitted that the circumstance of his arbitrarily seizing so many individuals by a military force, and sending them for trial to so great a distance from the city of New Orleans, (where probably their innocence or guilt might have been more easily proved than at Washington) is a strange and novel mode of proceeding. Several questions naturally occur to a person not present at the scene of action; and we confess, we should be happy to see them satisfactorily answered, viz.
1. If Messrs. Bollman, Swartout and others were really guilty of treason against the United States, why might they not have been tried at the place where they were arrested? 2. Were the Judges at New Orleans, so far concerned with the conspirators, that no dependence could be placed on their integrity and impartiality? Or, 3. Were the people so much influenced by those conspirators, that danger of a rescue was to be apprehended; or that a fair trial could not be expected?
The alacrity which the citizens of New Orleans displayed, in their preparations to oppose Aaron Burr and his expected army, and the warm affection they have always appeared to feel for the Government of the United States, would induce us to answer the last question in the negative. With respect to the Judges we have no information; and, of course, cannot determine, whether they might have been safely trusted. We think it best therefore to suspend our judgments, and not hastily to condemn the General for measures to which he may have been compelled by necessity, or prompted by a sincere, tho' misguided attachment to the interests of his country. In a republican government a disposition too prone to suspect the servants of the public ought to be avoided, as much as a blind and imprudent confidence in the rectitude of their intentions. But if, in fact, the necessity of the case justified those bold and violent measures, it was a necessity, the existence of which should be forever regretted, as involving a violation of the first principles of liberty.
Examples of this sort are always dangerous in a free country. If those, whose intentions are good, resort to expedients hostile to the rights of man; the precedent is sure to be followed and greatly improved upon by their successors, who design the total destruction of freedom. The proposed suspension of the habeas corpus act, which we took the liberty of reprobatating, in a former number of the Argus, was similar in principle with the illegal arrests and imprisonments committed by Gen. Wilkinson; and we do not wonder that the enemies of the administration have taken advantage of both, and insinuated that the former was intended to put a good face upon the latter. We are truly sorry that such an anti-republican bill should ever have passed the Senate of the United States; but rejoice that the honor of our country was in some degree, saved in its rejection by the House of Representatives.
WHETHER the accusations against Gen. Wilkinson are true or not, he has evidently acted in some instances with culpable neglect. It appears from an article in the Baltimore American, of the 20th of February, that Gen. Adair and Peter V. Ogden were lately sent to that place in custody, by virtue of his orders, but that even those orders "contained no charge or imputation of any crime whatever against either of the prisoners. The officer too, who had them in charge, being examined on oath, if he had any knowledge of any act done by either of them, in violation of the laws of the United States, or of any particular state; declared that he knew nothing of that nature, except what he had understood from general report and newspaper publications; whereupon the Judge, before whom they had been brought by virtue of a writ of habeas corpus, instantly discharged the prisoners." If those men were innocent, and no rational evidence could be produced to convict them of any offence; the General was guilty of the most wanton oppression in confining them (without any necessity or utility) on board of a vessel; in subjecting them to the perils and inconveniences of a long and disagreeable voyage, and the United States to considerable expense on their account. If they were guilty, his negligence was unpardonable in not furnishing the evidence for their conviction; (which he should have possessed before he arrested them;) in consequence of which two accomplices in the conspiracy may have escaped.
The account given by general Adair, in his letter to the Kentucky delegation, mentioned in the National Intelligencer, of the cause of his going to New Orleans, appears to be plausible; and strongly implicates Gen. Wilkinson; but once more, we determine not to form a decisive opinion concerning these dark transactions; advising our readers to follow our example, until Time, the great unraveller of all Enigmas, shall explain them.
The Natchez paper says, that Lyman Harding, esq. and col. B. Osmun were col. Burr's securities (in the sum of 10,000 dollars) for his appearance before the Supreme Court, for the Mississippi territory, which was to commence an extra session, on Monday the 9th of February.
The National Intelligencer of Wednesday says, "We have perused a letter dated Natchez, January 26, which states that Mr. Burr had been liberated on bail, in the sum of ten thousand dollars, and that he had returned to his boats."
[The humour of the following poetical Im promptu, on the subject of Bonaparte's decree for the blockade of Great Britain, will no doubt be acceptable to most of the readers of the Argus] The man Napoleon has proclaimed, THAT England for her Navy fam'd Is now by France blockaded! So true is this, that near the place Na't dares not shew his own dear face; It is so barricaded.
A letter, dated New Orleans, January 23, states that the grand jury had found a bill against Judge Worthington and Mr. Kerr, without, however specifying the charge.
MARRIED—On Saturday evening last Mr. FRANCIS HOWARD, to Miss PEGGY T. SCHERER, both of this city.
CUSTOM HOUSE—RICHMOND. ENTERED. William & Henry Towel, Tappahannock. CLEARED. Sleep Alert, Gay, Boston. Sch't Manchester, Cropley, New York. Weymouth, Weymouth, do. Richmond Seaman, do. Polv, Manchester, Boston.
POSTSCRIPT.
From Washington, Thursday, Feb. 26. Much of the time of the house this day has been spent on the question of concurring with the senate in certain amendments to the bill continuing the Mediterranean fund, and repealing the duty on salt. The house voted to adhere to the bill; the senate voted to adhere to their amendments. The bill, of course, is lost; and the duty on salt is not repealed; and the Mediterranean fund ceases at the close of the present session.
UNITED STATES' COURT, FIFTH CIRCUIT, and VIRGINIA DISTRICT, November Term, 1807. John and Jane Backhouse, adm'rs. and adm'x. de bonis non, of John Backhouse, deceased, vs. Richard C. Johnson, ex'r. of Thomas Johnson, sen. who was ex'r. of John Boswell, Richard C. Johnson, John B. Johnson and others, defts.
THE defendant John B. Johnson, not having entered his appearance and given security according to a rule of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this district; On the motion of the pts. by their counsel, It is ordered, that the said deft. do appear here on the first day of the next term, and answer the pts.' bill, and that a copy of this order be forthwith inserted in some one of the newspapers published in the city of Richmond, for two months successively, and posted at the front door of the capitol in the said city. A copy, Teste, WM. MARSHALL, CLK.
Notice. BY virtue of a deed of trust to me executed by William Shortt, in order to secure the payment of one hundred and seventy pounds, due to Polly Gay, will be sold, to the highest bidder, for ready money, on the premises, on Friday the 13th day of March next.
168 Acres of Land, with a comfortable dwelling house thereon, lying in the county of Chesterfield, on the waters of Falling creek, & about five miles from the town of Manchester; being a part of the land formerly owned by the late Henry Randolph. Arch'd. FARMER, Trustee. Chesterfield, 27th Feb. 1807. 2w6
Lost ON Saturday evening 28th February, 1807, between Manchester and Rorer's Tavern, an old Black Leather POCKET BOOK, containing a receipt for a bushel of tobacco, inspected at Trent's warehouse in my name, No. 599, 1682 gross, 168 tare; 1514 neat; two twenty dollar bank notes of the Virginia bank, and two ten dollar Virginia bank notes, a deed and ticket from the office of the Federal Court Whoever will deliver the said pocket book with its contents to Mr. Brooks, or Mr. M'Tyre in Manchester, or Mr. Haley Cole or the subscriber living in Prince Edward, shall receive a reward of Twenty Dollars. All persons are forewarned from trading for the above mentioned tobacco note, as legal steps will be taken to secure the same. JOHN BOOTH. March 2, 1807. 2t
Land & Negroes for Sale.
BY virtue of a deed of trust executed to me by Thomas Randolph, to secure the payment of a debt due Isaac H. Coles, I will sell, to the highest bidder, for ready money, on Thursday the 16th day of April next, at Chinquapin Church, in Amelia, one hundred and fifty acres of LAND, lying on Appomattox river, in the county of Amelia, being a part of the land on which the said Thomas Randolph now resides, and known by the name of MONVESS. Also NINE NEGROES, viz Ned, Jesse, Kitty, Alexander, Dandridge, Spencer, Sukey, Richard and Caroline, or so much of the said property as will be sufficient to discharge the debt mentioned in the deed. J. COLES, Jr. March 2, 1807. rds
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
IN pursuance of an act of the General Assembly, passed the 24th day of January, 1803, for more effectually preventing obstructions to the passage of fish through the falls of James river—all those concerned, are desired to comply with the provisions of the said act, or they will be dealt with as the law directs. JOHN MOODY, Surveyor. Richmond, March 2, 1807. 3t
N. B. The owners of fishing seins in James river and its branches above the falls, are referred to the 7th section of the above recited act, where in they will find it their duty to list their seins in the same manner as all other taxable property, under the former penalties; in order to raise sufficient revenue to defray the expenses of carrying this law into effect. J. M.
The noted & much admired English horse KNOWSLEY, Will stand the ensuing season at our stable in Albemarle county, 10 miles above Charlottesville, to cover mares at twenty-five dollars the season, five of which will be remitted if paid by the 1st of August next; fourteen dollars the trap and forty dollars to ensure a mare to be in foal with one dollar for each mare to the groom, which with the leap money must be paid when the mare is covered. Mares put to Knowsley last season which did not prove with foal, will be ensured this year for twenty dollars paid as above. Notes of hand will be required in every instance where the money is not sent with the mares or paid before they are taken away. Excellent and extensive pasturage well enclosed grails, besides several grass lots, which will be kept for mares with colts, and mares sent before foaling. Grain furnished mares as directed at the lowest market price, for which the money must be paid before the mares are taken away. The most pointed attention in every particular shall be paid to mares sent to our care, but cannot be liable for any accidents or escapes which may happen. KNOWSLEY's pedigree and performances have been so frequently published, that we deem it unnecessary now to insert it. The performances of his colts on the turf last spring and fall was so well established his superior worth, that nothing more remains to be said by us, only to observe that nine of his colts have been started on the turf, seven of which proved successful in winning eleven sweepstakes and matches; the other two always run second best: five out of the seven winning colts distanced the field. WILLIAM WOODS. GEO. M. WOODS. Albemarle, Feb. 20th. 1807. 0a7t P.S. The season will commence the 1st of March and expire the 1st of August.
The Imported Horse, PAUL, Is a beautiful sorrel, fifteen hands three inches high, remarkable for his elegance, beauty, strength and fine bone. 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 pasturage 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 Saltram, 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 Squire 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. 4pt15a4p&w1J N B Mares may be fed at 2s. per day if the money is sent with them. T. H.
GOUTY, IMPORTED last fall, by Brown & Rives, will stand the ensuing season at my stable in Amherst, five miles from New-Glasgow, at twenty-five dollars the season, dischargeable by twenty, if paid by the first day of October next. The season to commence the first of March and end first August. Mares may be covered by the leap at twelve dollars, paid at the time of service; or forty dollars to ensure them in foal, payable first day of January next—one dollar to the groom in every case. Good and extensive pasturage, gratis, but no liability for accidents or escapes.
GOUTY is a beautiful bay, ten years old, in high health and vigor, five feet three inches high, full of bone and muscle, fine joints and elegant form. He was after many months research selected by Mr. Weare (author of the racing calendar and general stud-book) as one of the best horses that could be procured in Great Britain. In a letter from him he says there never was a higher bred horse shipped from Great Britain or any other country. GOUTY was got by Sir Peter Teazle (unquestionably the best stallion now in England) his dam the famous Yellow Mare by Tandem; grandam, Perdita by Herod; great grand dam, Fair Forrester by Sloe; great great grand dam by Forrister; great great great grand dam by Partner; Croft's bay Barb; Makeless; Brimmer; Son of Dodsworth; Burton Barb Mare.
GOUTY run but three times, owing to an injury he received in the fore leg—1st, in 1799, for the Darby stakes, for three year olds, won by Archduke. 2d, in 1800, sweepstakes, for all ages, with 25 guineas added out of the racing fund—won by Gouty, beating Fugleman, Vivaldi, &c. &c. 3d. New-Market July meeting, £50, by subscription, won by Sorcerer. ROBERT RIVES. 8w
Lost or Mislaid, THREE TICKETS in the first class of the William & Mary College Lottery, each of which drew a prize of fifteen dollars. The numbers are 6323, '20, '21. The person who has found them will be rewarded on leaving them with the printer hereof. March 1, 1807. 3t
Books at Auction. THE lovers of literature are respectfully informed that the subscriber has taken that spacious room on the second floor of the Bell Tavern for a short time, where he intends selling at public and private sale, wholesale or retail, part of (as may best suit purchasers) a large and valuable collection of BOOKS, just landed, in the different departments of literature and science. Gentlemen of taste, booksellers, teachers, and those who buy to sell again, will do well to embrace this opportunity. For particulars, see my next advertisement. WILLIAM PATTON. Richmond, March 2, 1807
STRAYED or stolen from Tuckahoe, lower end of Goodean county, a likely BAY HORSE, about fifteen hands and a half high, no marks recollected except a large splent on one of his fore legs, near the joint of the knee. A generous reward will be given for the delivery or information of the said horse, so that he can be got by the subscriber, at Tuckahoe, or Col. Wilson C. Nicholas of Albemarle. PHILIP ROGERS. February 27, 1807. w3.

IN COUNCIL. February 13, 1807. It is advised that the following Agents be appointed for the collection of the arrears of Taxes due this Commonwealth, viz: William Nimmo, Jr. for the counties of Accomack, Northampton, Princess Anne, Norfolk and the Borough of Norfolk. Park Street , for Nansemond, Isle of Wight, Southampton, Surry, Sussex, Prince George, Elizabeth City, Warwick, York, James City, Charles City, New Kent, Hanover, Henrico, Cities of Richmond & Williamsburg. Peter C. Rice , for Gloucester, Mathews, Middlesex, Essex, King-William, King and Queen, Lancaster, Northumberland, Richmond and Westmoreland. Theodorus Hansford , for Loudoun, Fairfax, Fauquier, Prince William, Stafford, and King George. William C. Williams , for Culpeper, Madison, Orange, Spotsylvania, Caroline, Louisa, Goochland, Fluvanna, Albemarle, and Amherst. Joseph Fawcett , for Frederick, Berkeley, Jefferson, Rockingham, Augusta, Shenandoah, Hampshire, Hardy, Pendleton, Monongalia, Ohio, Brooke, Harrison, Randolph and Wood. James M'Farlane , for Wythe, Montgomery, Monroe, Giles, Washington, Russell, Lee, Grayson, Tazewell, Rockbridge, Botetourt, Greenbrier, Bath, Kanawha and Mason. William Norvell , for Henry, Patrick, Franklin, Campbell, Bedford and Pittsylvania. Thomas T. Bouldin , for Halifax, Charlotte and Prince Edward. Maj. Edward Pegram, Jr. for Dinwiddie, Greensville, Brunswick, Lunenburg, Mecklenburg, Chesterfield, Amelia, Nottoway, Powhatan, Cumberland and Buckingham. DANL. L. HILTON, Clk. of the Council.
MAY be purchased on a long credit, and low terms, the TENEMENT On which the Subscriber lives, situated on Church-hill, within about one half mile of the Richmond market—Containing two acres of ground, well enclosed and highly improved. The buildings consist of a large and well constructed Dwelling-House, Laundry, Kitchen, Dairy, Smoke-House, two Stores, Brick-Office, Coach-House, Barn, and Stable. All these buildings are well finished, and in complete order for the accommodation of a large and genteel family; who may have easy access to all the advantages of the city, and live as retired as they could wish. JOHN ELLIS. Dec. 29th, 1806. Just Published and may be had at this Office.
Reports of Cases ARGUED AND DETERMINED IN THE SUPREME COURT OF APPEALS OF VIRGINIA: WITH SELECT CASES, Relating chiefly to Points of Practice, decided by the Superior Court of Chancery for the Richmond District. PART I. VOL. I. By WM. W. HENING & WM. MUNFORD.
To be Sold, TO the highest bidder, for ready money, at the little store, in the lower end of Goochland county, on the Three Noched road, on Thursday the 5th day of March next, if fair, if not, the next fair day, five likely young NEGROES, belonging to the estate of Hezekiah Pierce, dec. This sale will certainly take place. ELLIS & HEZEKIAH PRIEREE, Ex'rs. Goochland, February 5, 1807. tds
Notice. THE creditors of Henry McClatchy, are requested to lodge their claims properly authenticated, with either of the subscribers, on or before the first of next month, as on Tuesday the 10th, prox. a final dividend of the estate will be made, by THOS. GILLIAM, } Trustees. ALLAN POLLON, } Feb. 6, 1807. tdm
Valuable property for sale. ON Friday, the 20th day of March next, on the premises, will be SOLD, to the highest bidder, A Valuable tract of Land, Belonging to the estate of Duncan M c Laughlan, dec. lying in the county of Fluvanna, about one mile above the courthouse; containing about 300 acres, on both sides of the Cunningham Creek, and about half a mile from its junction with the Rivanna river.—On this Land, is a Plantation of about 100 or 150 acres of cleared land, a great part fresh, a small Dwelling House and some out houses; but the greatest object (it is presumed) to a purchaser, will be the Mill thereon, which with a little repair to the dam, would be one of the most valuable in the upper country; having two pair of stones now constantly running; and notwithstanding the last summer's drought, and a considerable leak in the dam was but a short time without grinding water. Also, about 20 remarkable likely Negro Slaves, consisting of Men, Women, Boys, &c.—Also, the stock of Horses, Mules, Cattle, Hogs, Plantation Tools and Household Furniture.—The terms of sale, will be; for the Land, a credit for one half the purchase money, until the first day of January next, and for the balance until the first day of January, 1809.—For the Slaves and Stock, a credit until the first of January next, except a small proportion of Cash, which will be made known on the day of sale. Bonds and approved security will be required of the purchasers, to carry interest from the date, if not punctually paid when due, as to the slaves, stock, &c.; and in addition, as to the Land, a deed of trust on the same to secure the payment. JOHN QUARLES, Acting Ex'r. Feb. 19, 1807. 4w N. B. Three of the above mentioned slaves are good Boatmen.
WANTED, A DISCREET-industrious Woman, as a house-keeper—one who can come recommended for her integrity, will meet with liberal wages by applying at the Bell Tavern. February 12th 1807. W.
WANTED, A DISCREET-industrious Woman, as a house-keeper—one who can come recommended for her integrity, will meet with liberal wages by applying at the Bell Tavern. February 12th 1807. W.
FOR SALE, 70 3-4 Acres of Land, FOUR and a half or five miles from this place—about 25 or 30 acres of which are cleared and well enclosed—There is on the place a small Dwelling House, a log Kitchen, a log house not quite finished, a small Apple Orchard, a young Peach Orchard, and an excellent Garden. For terms apply to Mr. J. West, or to the subscriber living in Cumberland. JOHN SEAYRES. Cumberland, Jan. 13, 1807.
WHENEVER 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 persons 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.
TO RENT. THE BRICK HOUSE, at the Falling Garden, at present occupied by S. Pleasants Jr.—Possession may be had by the last of this month Enquire of the subscriber, near the premises. JAMES LOWNES. 10th Month, 2d. 1805.
DESIGN the ensuing year, with the aid of a qualified teacher, to attempt the tuition of 15 Females—Grammar, Geography & Arithmetic will be taught. Swift attention will also be paid to the composition of the Scholars, nor will their morals be neglected. The price will be £28 each scholar finding her own bed—1-6th of the price to be paid in advance. Gerard Banks. Goochland, 27th Sept. 1806. tf
Thirty Dollars Reward. DESERTED from this place, on the 14th inst. JAMES LOWNES, a soldier of the public guard, about 28 years of age, five feet 7 or 8 inches high, fair complexion, with red hair and large whiskers, with blue eyes. It is unknown where he will go, as he is very fond of spirits. Any person taking up said deserter and bringing him to this place, and delivering him to me, or either of the officers of the said guard, shall receive the above reward. ALEX. QUARRIER, C. P. G. N. B. All masters of vessels are forwarned from carrying him out of this place. Richmond, Nov. 18th, 1806. A. Q.
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. Jan. 1st, 1807.
Ten Dollars Reward. DESERTED on the 13th day of October last—he having received a furlough for five days, to go to Petersburg, GEO. W. BACKUS, a Soldier of the Public Guard, aged about 21 years, dark hair and eyes, fair complexion, his face very pock marked—a native of Connecticut—he is about five feet ten inches high. He took with him the uniform of the guard, and a number of other clothing not known. He is a printer by trade, and 'tis unknown where he will go. ALSO, JOHN JAXTON, who left this on the 10th inst. he has black hair and eyes, dark complexion, and is about five feet five inches high—about thirty years of age—very slender made. He has taken with him the uniform of the guard—and where he may go is uncertain, he being a native of Europe. Any person taking up said deserters, and bringing them to this place, and delivering them to me, or either of the officers of the said Guard, or for either of them, shall receive the above reward. ALEX. QUARRIER, C. P. G. Richmond, Feb. 12, 1807.
In Chesterfield County Court, January the 12th, 1807. UPON hearing the evidence produced in support of the petition of the heirs of John Bryers, deceased, the court doth order and direct, that William Trabue, Charles Clarke and Haley Cole, or any two or more of them, do sell, at Public Auction, for ready money, The tract of Land, Lying in the county of Chesterfield, of which John Bryers died possessed, taking to their assistance the county surveyor, in order to ascertain the quantity thereof; and that the said commissioners divide the proceeds thereof into five equal parts, and allot one part thereof to Polly Bryers, one part to Lucy Bryers, one part to Susanna Bryers, one part to Franky Bryers, and one part to Kitty Bryers; and that the said commissioners do convey the said land to the purchaser thereof by a good and sufficient deed in fee simple, upon the payment of the purchase money. Copy, Teste, TH: WATKINS, C.
The sale of the above land will take place on the 4th day of March next, upon the premises, upon the terms mentioned in the above order. William Trabue, } Com'rs. Haley Cole, } Charles Clarke, } tds
WANTED, A DISCREET-industrious Woman, as a house-keeper—one who can come recommended for her integrity, will meet with liberal wages by applying at the Bell Tavern. February 12th 1807. W.
PUBLIC SALE. WILL be SOLD, to the highest bidder, on Wednesday the 4th day of March next, if fair, otherwise the next fair day, at the dwelling-house of Mrs. Mary White, dec. in the county of Henrico, about four miles from the city of Richmond, the greater part of her estate; consisting of a stock of HORSES, CATTLE & HOGS; household and kitchen FURNITURE—and the crops of Corn, Fodder and Rye; also a tract of LAND, containing eighty-six and three fourths acres—this land adjoins the land of Mr. Daniel Price, of the estate of Mr. Elisha Harwood, dec. and the tract on which Mrs. White lived. A further description of the land is deemed unnecessary, as it is presumed that those who are inclined to purchase, will view the same. Terms of the Sale, for all sums of ten dollars and under, cash will be required, and for all sums above ten dollars, a credit of nine months will be given, the purchasers to give bonds with approved security, to carry interest from the date, if not punctually paid.—A deed of trust on the land will be required. All persons indebted to said estate are requested to make payment, and those who have claims are desired to bring them in properly authenticated. JOHN PRICE, Ex'or of MARY WHITE, dec. Henrico county, Feb. 19th, 1807. 3t
BOOK BINDING, IN all its variety, is executed by the subscriber, at the Argus printing office and book store, with punctuality, neatness and dispatch, and in the most modern, improved and fashionable style. Printed Books bound in the most elegant and substantial manner, in morocco and calf, full gilt and lettered—also, in sheep gilt, and plain. Blank Books of every description, ruled to any pattern, and bound with the latest improved spring and patent backs, and Russia bands & parchment corners, which add much to the strength of the books and ease and convenience of the writer. Orders from the country will be thankfully received and punctually attended to as above.—Old books re-bound. WILLIAM LOWNES. Richmond, Feb. 16, 1807.
WANTED, AN APPRENTICE to the Book Binding business. A youth of respectable connections, who can come well recommended—none other need apply. W. L.
Ten Dollars Reward. DAN away from the subscriber, on Saturday night last, an apprentice boy to the Boot and Shoe making business, named WOODSON WOBBLINGTON, but is sometimes called WOODSON JONES; about five feet four or five inches high, black hair and eyes, tolerable full faced, very talkative, and swears very much in conversation; will be eighteen years old in September; had on when he went off a brown coat with gilt buttons, grey bath coating pantaloons, white hat with green underneath, and a striped Virginia cloth waistcoat; has a scar on his left wrist. It is suspected he went off in company with two other boys, one named Michael Lynch and the other John Fitzpatrick. Whoever will deliver the said apprentice to the subscriber in Richmond, shall receive the above reward. All masters of vessels and others are hereby forewarned harbouring or carrying off the said apprentice, at their peril. GEORGE HARRISON. Feb. 17, 1807. 2w5
FOR SALE, And possession given the 1st of January next, A valuable tract of Land, In the county of Albemarle, on the waters of Moore's creek, containing 600 acres.—The soil is equal to any in the country for the culture of corn, wheat and tobacco—the advantages it possesses make it a desirable situation, it being within two and a half miles of Charlottesville, six of Milton and four from the President's manufacturing mill. On this tract there is a good new two story dwelling house, with other necessary houses, sufficient for the reception of a genteel family; the plantation is in good order for cropping. Any person inclined to purchase, may know the terms by applying to William Galt, in Richmond, or the subscriber, in Milton, who will show the land, and treat for the same. DAVID ANDERSON. February 11th, 1807. 4w
Marshal's Sales. WILL be SOLD, to the highest bidder, for ready money, under a decree of the court of the United States for the fifth circuit in the Virginia District, between Phineas Bond, attorney for the creditors of Ezekiel Edwards, plaintiff, and David Ross, and others, defendants—THREE Valuable Plantations, In the counties of Pittsylvania and Bedford, upon Staunton and Pigg rivers, stated in the deed of trust in the proceedings mentioned, to contain three thousand acres, more or less, but supposed to be considerably more extensive, comprehending all the lands that on the 5th day of June, 1795, belonged or appertained to the three plantations known by the name of the Mountain plantation, mouth of Pigg River plantation, and the Fryingpan plantation. A more particular description of which will be given on the day of sale. The sale will take place at the Eagle-Tavern in the city of Richmond, on Tuesday the 24th day of February next. Also, at the Oxford Iron Works in the county of Campbell, on Tuesday the third day of March next, will be sold under the said decree, upon the same terms, a number of very valuable SLAVES. BENJ. MOSBY, D. M. for JOS. SCOTT, M. V. D. Jan. 8. eptds.
TICKETS in the Second Class of the William and Mary College Lottery are for sale at this office.
THE FAMOUS IMPORTED HORSE, CITIZEN, Remarkable for his uncommon beauty and great strength; fifteen hands one inch high, so highly celebrated for his own, as well as his colts' bottom, will stand the ensuing season at my stable in Chesterfield county. The terms will be made known in due time. THOMAS GOODE. Jan. 28th, 1807. tf
Removal. DOCTOR JENNINGS has lately removed to Col. Callaway's large white house in New-London, where he still holds himself in readiness to serve his friends and the public in the line of his profession. He has also provided the necessary supplies, for accommodating decent travellers in a private way. As the most of his former pupils have now nearly completed their studies, two or three others might have admission. The tenement which he formerly occupied, is to be let on a moderate rent. 30th January, 1807. 6w
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 Pine creek. This tract of land would be sold entire, otherwise laid off in lots to suit purchasers. Any persons inclined to purchase, it is expected will first view the premises—any further description is deemed unnecessary. For terms apply to the subscriber, living on the premises. SAM. BASKERVILLE. Powhatan, Jan. 4th, 1807. tf
Wanted, Fifty thousand Red Oak Barrel Staves. Apply to THO: RUTHERFORD & Co. 13th February, 1807. 4w
LANDS for SALE. THE Subscriber will dispose of TWO SMALL Tracts of Land, in Powhatan county, detached from the one on which he lives, upon very reasonable terms:—One of them containing four hundred and twenty acres, lies immediately in the fork of the North & South branches of Pine Creek, partaking of the flat land of both, to the amount of about thirty acres—This land is rich; above one half is in woods; and mostly of that of the first rate tobacco land. About one hundred and twenty acres of that which is cleared, is now under cultivation and produces Corn and Wheat uncommonly well. There is on this tract, a comfortable Dwelling-House, lately built, two rooms below and two above, with a fire-place in each room, also some Negro Houses, and other convenient out Houses. Possession may be had next fall, with the privilege of sowing wheat thereon in proper time. Any person inclined to view the land, may have it shown to them by Capt. LITTLEBERRY STOVALL, who is living on the premises.—Part of the money will be required in hand, and the balance in twelve months from this date. The other TRACT lies near the Buckingham road, on the North side, about four miles below the courthouse; known by the name of TOWN HILL; and possesses the most beautiful and elevated site in the lower county, presenting to the view several ranges of mountains. This place, from its situation, was never known to fail of fruit; besides, a number of Old Fruit Trees of various kinds—there is lately planted thereon, an Orchard of Peach Trees, and another of Apple of choice Fruit. This tract, contains two hundred and seventy acres, about one half in woods, has a comfortable Dwelling-House thereon, two rooms below and two above, with a fire-place in each room below. This land is no less valuable for its fertility, than for its healthy and delightful situation, and the advantage of Fruit. A great bargain may be had in this tract on the same terms of the other.—This Land will be shown to any person by Mr. SLEAD, living on the premises. If these tracts of Land, are not sold before April Powhatan court, they will be offered for Sale, to the highest bidder, when the terms will be particularly made known. W. BENTLEY. Powhatan county, Jan. 20th, 1807. tf
JUST RECEIVED & FOR SALE, In addition to our extensive assortment of BAR-IRON, a quantity of SHEET-IRON, NAIL-RODS, and best polished WAGGON-BOXES. We have also received several Ton Broad Bar-Iron, Suitable for plantation use. RUSSELL & WALLACE. Richmond, Jan. 19, 1807. 3m
Lesueur & Saunders Are now receiving and will constantly keep a large supply of Bar-Iron & Castings, Of superior quality. Feb. 2d, 1807. tf
THE subscriber having obtained probat of the Testament and last Will of his deceased father, John Williamson, (late of Henrico county) requests all those indebted to the estate, to make immediate payment; and those who have claims against said estate, to bring them forward, duly authenticated, for examination and settlement.—It is hoped that prompt attention will be paid to this notification, as the subscriber is anxious to close his administration upon the estate. JOHN P. WILLIAMSON, Ex'r. of John Williamson, dec. Brooke, Hen. Feb. 7, 1807. 5t
THE PARTNERSHIP OF A. HEWES & CO. Dissolved the 31st of December, 1806. The business in future will be done by Job Greene, Who will discharge the debts due from the concern, and to whom those indebted will make payment. J. Greene. A. Hewes, Jun.
J. GREENE has removed from the store occupied by A. Hewes & Co. to the store formerly occupied by Henry Toler, jun. & Co. where he will keep for sale, a general assortment of GROCERIES, &c. &c. J. GREENE. January 1st, 1807.
Land for Sale. BY virtue of a deed of trust executed to me by William Tear, to secure the payment of a debt due James Murphy and company, I will SELL, to the highest bidder, for ready money, at Amherst courthouse, on Saturday the 28th day of March next, a tract of LAND, lying in Amherst county, on the branches of Naked creek, within one mile of the courthouse aforesaid, containing 320 acres, being the tract on which the said William Tear now resides, and known by the name of the Tan-Yard—being only interested as trustee, for the benefit of others, I will only warrant the title of the said tract of land, to my self and those claiming under me. JOHN HIGGINBOTHAM, Trustee. Warminster, 18th Feb. 1807. 4w
Fifty Dollars Reward. RUN away in January last, from the subscriber, living in Louisa county, Virginia, a negro man named MARTIN; he is about six feet high, very sensible, likely and rather light coloured; his hair is rather long for a negro; when spoken to he looks a man full in the face and is sprightly and pleasant in his address, has a scar on the outside of one of his feet, I believe the right foot, extending from the toes to nearly opposite the hollow of the foot; he has good clothing and among other things a blue coating surcoat; he is a very good tanner, currier and dresser of leather; has been afflicted for some years with Saint Anthony's fire, complained of a dimness in the sight of his left eye. It is expected he is gone to the north, but do not know what course he has taken. It is also expected he will obtain from some person testimonials of his freedom, change his name and endeavor to pass for a free man. If any person will apprehend the said negro, confine him in jail and give me information of it, so that I get him again, I will give the above reward, besides what the law allows. JAMES POINDEXTER. Feb. 20th, 1807. 4w
ON Saturday the 14th day of March next, will be sold, to the highest bidder, for ready money, at the tavern of Zech. Brooks, in the town of Manchester, a Likely Young Negro Man, by the name of Harry; conveyed to me in trust by Thomas Branch, (H. Spring) to secure a debt due by him to Messrs. Lyle and McCredie. RICH. B. GOODE. February 23, 1807. tds
CHESTERFIELD COUNTY COURT, JUNE 9th, 1806. Lyle and McCredie, Plaintiffs vs. Samuel Farmer, Defendant. THIS day this cause came on to be heard on the bill and exhibits; and the decree nisi, heretofore entered up in this cause, having been returned executed, and the defendant failing to appear and answer the bill of the complainants, the court doth order and decree, that the defendant be foreclosed his equity of redemption; that the conditional decree be confirmed, and that Cornelius Buck, John Murchie, David Paterson and Charles Graves, or any two or more of them, do sell at public auction, the land and premises mentioned and described in the complainant's bill (reserving the wife's right of dower therein) for ready money, having first given three weeks previous notice of the time and place of such sale; and from the proceeds thereof to pay unto the complainants, the sum of sixty two pounds sixteen shillings and eight pence, current money of Virginia, with legal interest thereon to be computed after the rate of six per centum per annum, from the 22d day of September, in the year of Christ one thousand eight hundred and three, until paid; and also their costs by them about their suit in this behalf expended; and the over-plus, if any, return to the defendant. And the said commissioners are ordered to make report of their proceedings to court, under this decree, in order to a final decree. Complainants' costs, $9 01. Copy, teste, Thomas Watkins, Clk.
By virtue of the above decretal order, the land therein mentioned, will be Sold, on the premises, to the highest bidder, for ready money, on Saturday, the 28th of March next. Cornelius Buck. John Murchie. David Paterson. tds Feb. 23d, 1807.
WILL be Sold, at Amherst courthouse, on the 28th day of March next, by virtue of a deed of trust executed by Richard Davenport, to secure the payment of a debt due Brown, Rives & Co. as in said deed expressed, SIX NEGROES, viz: Anthony a boy, Peter a boy, Isabel a woman, and her three children, Eliza, Julian and Hannah—the terms of sale mentioned in said deed is cash, and the title to the above property both been decreed by the Superior Court of Chancery for the Richmond District, to be in the said Richard Davenport; but being only interested as trustee for the benefit of others, will only convey title to said property as vested in me by said deed of trust. MARTIN DAWSON, Trustee. Milton, 21st Feb. 1807. 14w