The enquirer (Richmond, Va.), 1805-07-09 00:00:00

The Enquirer.
PUBLISHED BY RITCHIE & WORSLEY, OPPOSITE THE POST OFFICE.....AT FIVE DOLLARS PER ANNUM.....(PAYABLE IN ADVANCE.)
NUMBER 18.]
RICHMOND, TUESDAY MORNING, JULY 9, 1807.
[VOLUME 2.]
Richmond Prices Current.
   D. C. D. C.     TOBACCO : 5 50 a 6   FLOUR : Superfine : 9 50 a 10   fine : 9 a 9 50   middlings : 8 a 8 50   WHEAT OLD : 1 50 a NON.   NEW : 1 75   INDIAN CORN : 5 a 5 25   WHISKEY : 62 a   BACON : 15   HEMP : 180 200   BAR IRON : 110  
Sales at Auction.
On Wednesday the 10th of July will be sold by the subscribers, at XI o'clock, on the premises, on a credit of six months, for notes with approved security :
THREE very handsome HALF ACRE LOTS known in the plot of Major William DuVal by the numbers 87, 88 and 89.
PROSSER & MONGURE.
June 28. (tds)
BROKER'S OFFICE.
THE Subscriber has opened a Broker's Office, opposite the Union Tavern, and over the Counting-house of Thomas and Amos Ladd. All business confided to him, will be transacted with strict fidelity.
THOMAS NORFELL.
He HAS FOR SALE,
VIRGINIA BANK STOCK , on a credit of 6 and 12 months. March 12. ti
BURR MILL STONES , of all sizes; and PLASTER OF PARIS , of an excellent quality, FOR SALE, as usual, at
WILLIAM DAVIDSON.
near the Market. Dec. 4. [epf4]
MILITARY CERTIFICATES.
FOR SALE, Certificates of this state, bearing interest of 6 per cent. and receivable at the Treasury, for all arrears of taxes, prior to the year 1798. WILLIAM PRICE, Cashr. Genl. M. A. S. May 10. tf.
IRISH LINENS, &c.
WE have received, by the late arrivals, an extensive assortment of 7-8 and 4-4 IRISH LINEN , 5-4 IRISH SHEETING , 3-4 and 8-4 DIAPERS , and DIAPER TABLE CLOTHS ; which, in addition to other goods, are offered for sale at our usual low prices. GILLIAT & KIRBY. June 14. (ep4w)
FOR SALE,
A Very valuable Shoemaker. For terms apply to the Editor of the Enquirer. July 2. (13w.2m.)
BROKER'S OFFICE.
THE Subscriber informs the Citizens of Richmond and the public in general, that he has taken the house, next door to Mr. William Austin's, lower end of the Basin, where he transacts the BROKERAGE AND COMMISSION BUSINESS in all their various branches. From his general knowledge of business, aided by his attention and solicitude for the interest of those who may please to favor him with their commands, hopes to participate in the confidence of a generous public. He pledges himself that no exertion of his shall be wanting to give the utmost satisfaction. GEORGE WILY. June 18. (epf4)
BENJAMIN DUVAL,
AT THE SIGN OF THE GOLDEN MORTAR, RICHMOND,
HAS just received a very large and extensive assortment of fresh MEDICINES, SURGEON'S INSTRUMENTS, DRUGS AND DYE-STUFFS, PAINTS of all kinds, OIL, VARNISHES, PUTTY, &c.
Also a complete assortment of
HATERS' MATERIALS,
CONSISTING OF
   Hatters' Irons Crude Tartar   Legswood Bacon Irons   Coppers Bow-Strings   Vinegrease Linings   Fulick Galeons   Spanish Indigo Taffet Bands   Oil of Vitriol Rubbing Dithes   Aq. Peris Stampers   Quickilver Trenchers, &c.  
Which added to his former stock, completes an assortment that was never equalled in his line of business, in this city.
He thanks his customers for past favors, and hopes to merit a continuation of their custom. His former attention to the quality of his Medicines, importing them in their crude state, that he might be able to judge of their quality, and powdering and preparing them under his immediate inspection, have contributed to his present establishment; and opposition he presumes will not relax his exertions to give general satisfaction in future.
His experience for more than 12 years past, as Apothecary and Druggist in this city, added to a final stock of Medical Information acquired before, enables him, he thinks, to form a tolerably correct judgment as to the quality of Drugs and Medicines, although he cannot boast of honors conferred on him, greater than the confidence of numerous and respectable customers.
In regard to his wholesale customers, he promises to furnish each of his wholesale customers with a printed price current, as soon as possible, and feels himself confident in their approbation, knowing that no one in this state can afford to under-sell him. This he intends to do, not to get others' customers from them, but to secure his own.
Any articles that may be ordered, and not approved of as to quality, may be returned if in good order, and in a reasonable time. June 7. (3w.2f4)
By virtue of a Deed of Trust, executed to the subscriber by Charles Clarke, of the county of Chesterfield, to secure the payment of a debt therein acknowledged to be due Lyle and McCrede, and the expense necessary to carry the trust into execution, will be held at public auction to the highest bidder for ready money, at Zachariah Brooks's Tavern, in the town of Manchester, on Saturday the 27th of July next, two hundred and twenty acres of LAND, more or less, lying in the county of Chesterfield, and adjoining the lands of Col. John Harvie, John Ford, Alexander Saunders, and Samuel Smith. RICHARD B. GOODE. July 2. ep4w.
PROPOSALS BY JACOB JOHNSON, PHILADELPHIA, FOR PRINTING BY SUBSCRIPTION;
THE HISTORY OF AMERICA, CONTAINING THE MOST REMARKABLE AND INTERESTING EVENTS FROM THE DISCOVERY OF AMERICA BY COLUMBUS TO THE PRESENT PERIOD.
BY RICHARD SNOWDON.
CONDITIONS.
 1st. This work will be comprised in two volumes duodecimo, bound—the number of pages cannot be precisely calculated, but the publisher supposes each volume will contain about 300.  2d. The price to subscribers will not exceed three dollars—payable on delivery.  3d. A map of North America and of the United States will be given with the work.  4th. Any person procuring subscribers for the work shall be entitled to one copy for every ten he may obtain—being accountable for the amount. 
IT is presumed that the work now offered to the public will meet with encouragement proportionate to the importance of the subject on which it treats. A work to be acquainted with what has happened in past ages, especially in one's own country, is a natural and commendable curiosity; it is therefore surprising that so large a portion of the citizens of the United States are almost totally ignorant of the history of their native country, and of the great events that have taken place from the first discovery of the continent by Christopher Columbus to the present time. This must not, however, be attributed to an indifference in our fellow-citizens about what relates to their country; but rather to the difficulty of obtaining information, which was only to be gathered from voluminous tracts, too expensive to admit of a general circulation. In the work now proposed to be put to the press, this great objection is removed. It embraces all the most interesting events related by former historians, together with a number of anecdotes, and other matter never before published—at a price that will place it within reach of the generality of readers.
Subscriptions received by Jacob Johnson, a few doors below the Market, at Ritchie & Worsley's, W. Pritchard's, and S. Pleasants' Book-stores. July 2. (epf4)
THE subscriber will sell at public auction to the highest bidder for ready money, at Zachariah Brooks's Tavern, in the town of Manchester, on Saturday the 27th of August next, two likely negro BOYS, Nelson and Harrison; conveyed in trust by the deed of Andrew Scott, dec'd, to secure the payment of a debt, interest and cost therein, acknowledged to be due Lyle and McCrede. RICHARD B. GOODE. July 2. ep4w.
NEAL NELSON, BOOT & SHOE MANUFACTURER, MAIN-STREET, RICHMOND,
MAKES Boots & Shoes to any pattern or fashion, equal in point of MATERIALS and WORKMANSHIP to any in general use.
Imported Boots and Shoes, of the first quality and newest fashion, for sale.
Gentlemen at a distance, who are disposed to forward me their measure, by paying attention to the annexed cut, can be fitted with Boots or Shoes as well as if they were on the spot.
A—the length of the Foot—C—round the Calf—B—the pitch of ditto—D—round the heel and instep—E—round the instep—G—across the ball of the foot. Fix the heel against a perpendicular, and stick a knife at the end of the great toe—set down in figures the number of inches and quarters, in the different measures. January 1. epf4
Pleadings of Counsel, ON THE IMPEACHMENT OF JUDGE CHASE. FRIDAY, FEBRUARY 22.
[Mr. Key, in continuation.]
If this was incorrect, I cannot perceive its injustice to Callender, nor its partiality or intemperance. But did the conduct of the court in this instance, correspond with the law and the practice? I apprehend that it did. I understand it to be a clear and admitted principle of law, that the court is the only competent tribunal to determine the competency, the admissibility, and the relevancy of evidence; when admitted, its credibility is the exclusive province of the jury. I have before stated the reasons which rendered it necessary in this case to know what Col. Taylor could prove. To understand the object for which he was produced with greater certainty and precision, the judge ordered the questions proposed to be put, to be previously reduced to writing. I am not sufficiently acquainted with the practice in the courts of Virginia to say this was not novel, but I may surely venture to assert that there was nothing criminal in it. I know well that in different states there are different forms of practice. I can only say, that judge Chase, going from Maryland, where the practice does prevail, would naturally carry to Virginia the knowledge of the practice of the state from which he went. It is said that it is not the practice in Virginia, and one gentleman says he never heard of an instance of the kind. But I believe there are exceptions. But I recollect, in the mandamus case, the counsel were called upon to reduce their questions to writing and that the attorney-general had a whole day allowed him to make up his mind on the propriety of answering the questions put to him. And yet in that case there was no disposition manifested to oppress; the court was purified, to determine the competency and relevancy of evidence. Need I go further than the practice of this honorable court in this very case, in which there have been numerous instances of questions directed by the court to be reduced to writing. Have not you, Mr. President, from a knowledge derived from your extensive practice of the bar, or from an instantaneous exercise of right reason, in several instances, directed questions to be reduced to writing? And has it not been seen that though counsel withdrew their objection, every member of the court
possessed and exercised the right of requiring it to be done? Not testimony, which is not legal, should be admitted to go to the jury, and what is legal testimony, and the manner of determining it, must be decided by the court.
We have thus made it to appear that it is the practice to direct questions to be committed to writing in the courts of Maryland, in the supreme court of the United States, and in this court. Do not this abundantly justify the conduct of the respondent? But even admitting that conduct to have been improper, was it corrupt or criminal? What moral obligation did it infringe? And is a man impeachable for that which violates no moral principle or legal provision? If so, this is the most dangerous doctrine ever advanced.
The second specification is in the following words:
"In refusing to postpone the trial although an affidavit was regularly filed, stating the absence of material witnesses on behalf of the accused; and although it was manifest, that with the utmost diligence, the attendance of such witnesses could not have been procured, at this term."
This charge is grounded on the fact of a refusal to postpone the trial on an affidavit. That the court acted correctly in this instance will appear from this consideration. Nothing is more clear than that under the common law, all applications for a continuance, on affidavit, are founded on the discretion of the court. It is not wonderfully singular that there should have been application founded on an affidavit, if the law of Virginia, as stated in the 6th article applied to the case? One thing is clear—either that the attorney-general and Mr. Hay had lost all recollection of the existence of this law of Virginia respecting continuances, or that they considered it inapplicable. For they would not otherwise have founded the application on an affidavit. They would have produced the law and have demanded a continuance. Did they do so? No. If then the law officer of the state and Mr. Hay both forgot that it existed, it is surprising that it should be unknown to Mr. Chase? If those gentlemen did recollect the existence of the law, they must surely have been of opinion that it did not apply to the case of Callender, or they would have saved themselves the trouble of filing an affidavit. It will however be shown that it did not apply, and hence their application founded on affidavit.
I have stated that all applications for a continuance on affidavit are addressed to the discretion of the court. It is a great object of criminal justice that the punishment of the guilty should be certain, lenient and speedy. In the state of Maryland, where Judge Chase had so long practiced or practiced, it is the uniform practice to try offenses the first term they are presented; it is also the practice in England unless particular reasons are assigned for delay. I was about to prove this; but as it is conceded I will not trouble the court with authorities. Judge Chase then, having no knowledge of the particular law of Virginia, had to recur to the affidavit. Was that a cause for the continuance of the trial? When a man is charged with a criminal offense, matter, which shall justify a continuance, must go to the whole of the charges, and not merely to a part of them. If he cannot defend some of the charges, he is to plead guilty to them, and pray a continuance of such of the charges as he can justify by evidence. This is an universal rule of justice and of practice. To familiarize it by a common incident. A man is indicted for stealing a horse, a saddle, and a bridle. He is arraigned, and pleads not guilty, and then desires a continuance, on an affidavit that an absent witness can prove that the bridle is his own. Would it not revolt common sense to continue the case, when his defence rested on such grounds? No court of criminal jurisdiction would, prostitute justice by conniving at such an indulgence.
How was it in the case of Callender? Were there not, in each count of the indictment, twenty distinct sets of libelous words? In order then to warrant a continuance, it was necessary to show the absence of material witnesses in relation to the whole, or to plead guilty to all the charges on which such testimony did not exist.
But it is said the judge had no right to be informed what, it was expected, could be proved on behalf of the transfer. This idea is novel to my practice. I will not say it does not prevail elsewhere; but certain I am that it does not prevail in the courts which I have attended. It is again alleged that a party is not obliged to disclose his testimony. But the law provides that he shall, when he applies for a favor. So different is the practice in the state of Maryland from that contended for on this occasion, that a party is obliged to state what he expects to prove, and if the opposite party admits it, they must go to trial on the remaining part of the charge. According to the practice of Maryland this affidavit is materially defective, inasmuch as not guilty is pleaded to the whole of the charges contained in the indictment, and it is not declared that testimony is wanting, which there is a reasonable expectation of getting, to disprove or justify the whole of them. It is also materially defective in another point. It is not stated that there was a probability of obtaining the testimony within a reasonable time. I have never known an affidavit considered good, which did not state this circumstance.
We allow that every man is entitled to compulsory process to obtain the attendance of his witnesses; but this right does not in the least lessen the discretion of the court, with regard to the time on which the trial shall take place; this they will fix according to circumstances; and when the trial does come on, should the witnesses summoned by a party not attend, he is entitled to attachments against them. This affidavit then was defective in two respects; it did not state the absence of witnesses who could justify the whole of the charges; neither did it state an expectation that they could be had within a reasonable time. If a man undertakes to libel the government under which he lives, to hold it up to the resentment and scorn of the people, it is but reasonable that he should be prepared at the time of his publication with a justification of his charges. In this instance, it appears that a large part of the contemplated justification rested on records, and that even these had not been procured.
The honorable managers have observed, that even in England the courts will grant time to enable the party accused to issue process for his witnesses. Let me however, furnish that although subpoenas had been served on Mr. Giles and Mr. Mason, no process of attachment issued
on their non-appearance. The judge intimated that it might issue; but the counsel waved accepting it. From what cause? Because they well knew that the testimony of these witnesses would be of no avail.
An authority has been cited from the English books [Easter's reports] to show that at a special court, time was granted for obtaining witnesses alleged to be material; although, as it has been remarked, the court was confined to one term; but I cannot perceive the force of this observation, as it had the power of adjourning from time to time until the business before it was finished. The court met, saw the extent of the business to be attended to, and allowed time for the obtaining of witnesses.
[Mr. Key here cited the case from Easter's crown law.]
In this case the prisoner was tried at a great distance from his witnesses, and the place where the crime had been committed. Some of his witnesses resided in England, and others in Scotland. He was allowed eleven days for obtaining his witnesses in England, and twenty nine days for obtaining those in Scotland.
Compare this case with that of Callender. In the latter case a motion was made for a continuance. The judge declared they could not postpone the trial to the next term; but offered a postponement for a month, or six weeks; nay, he offered to go to Delaware, hold a court there, and return to Richmond. With such a disposition manifested by the court, is there any reason to doubt, that, if asked, three months, or any reasonable time would have been allowed. And why did they not ask for a longer time, if they deemed it important? The answer is obvious; Judge Chase was still to preside.
Doubts have been started of the power of the courts of the United States to adjourn from day to day; a power which I never before have heard questioned; and which is essentially necessary to the impartial administration of justice. We have proved that this is the practice of the courts in Maryland and Pennsylvania, and that it has been done in Richmond; and I believe we may safely add that it is, and must be, the practice throughout the United States, when circumstances demand it.
I have stated it as an acknowledged principle of law, that he who edits libelous matter ought to be prepared with his vouchers to support it. What is there valuable among men; what is there estimable in private or public life, that has not in this country been basely calumniated by the licentiousness of the press? All characters in all administrations have been most wantonly assailed by its fury. He then who takes this bold and daring ground, ought to have his vouchers at hand, or to have them within accessible reach. In the situation in which a libeller wantonly stands, he is entitled to nothing but law, sheer law.
On the third specification which charges the respondent with "the use of unusual, rude, and contemptuous expressions towards the prisoner's counsel; and in falsely insinuating that they wished to excite the public fears and indignation and to produce that insubordination to law, to which the conduct of the judge did, at the same time, manifestly tend?" I have but a few observations to make. I should indeed have spared many of the remarks I have made, were it not for an ignorance of the particular ground on which the honorable managers mean to rely in their reply—and were it not for the fear that an omission to notice any of the charges preferred, might be considered as an abandonment of our defence so far as related to them.
I have no where discovered in the evidence anything that supports in point of fact the charge against Judge Chase, of falsely insinuating that the prisoner's counsel wished to excite the public fears and indignation and to produce insubordination to law. The judge did say that the counsel used a popular argument, calculated to mislead and deceive the populace; and this is the extent and head of his offending; but there is a wide difference between this and the charge laid to his door. He told the counsel and told them truly that they were availing themselves of a popular argument calculated to mislead and deceive the populace. Attend, I pray you, to the testimony of Mr. Hay. Did not the counsel for the prisoner say they had no hope of exculpating him on the facts? Did they not say they did not argue for Callender? That it was the cause, and not the man, they defended. That they did not expect to convince Judge Chase, or any other federal judge of the unconstitutionality of the sedition act? Were they not then laboring with their whole talents to catch the popular ear? Did they not expressly declare that they had little hopes of the jury, and that their object was to make an impression on the public mind? And when the judge declared that the constitutionality of the act could not be discussed before the jury, did they not failing in their object, abandon the defence? The ground which they meant to have taken was withdrawn, and they withdrew with it.
As to the use of unusual, rude, and contemptuous expressions towards the prisoner's counsel, no particular facts appear to be relied on. The term captious may be unusual; the phrase young gentlemen , which in opening the honorable manager metamorphosed into louts , but which last word does not by the testimony appear to have been used, may have been obnoxious to the ears of those to whom it was applied. There may not have been manifested in this language the most refined decorum; but let us recollect that our honorable client is not now on his trial for a violation of the decorums of society. Possessed of great ardour of mind and quickness of feeling, he conceives with rapidity and expresses with energy his ideas. This may be a weakness; but it is a weakness of nature. Had he a colder heart, and weaker head, he might not be exposed to these little indignities. But where is the vade mecum from which a judge is to derive precedents for his behaviour? Courts are instituted not to polish and refine, but to administer justice between man and man. One judge may possess a more pleasing urbanity of manners than another; but are we to infer that because a man is warm in the expression of his sentiments, he is therefore angry? It will not be contended that when the counsel for the transfer spoke of the necessity of the indictment being veraciter et litteratim , the witty reply of the judge that they might as well insist that it should be punctiliously , there was any violation of decorum manifested. The reply grew out of the occasion, and never was a remark better applied.
I know of no other unusual language, except the expression of non sequitur ; and surely there was nothing improper in that. We have been told that it is the usual habit of Judge Chase to
interrupt counsel when they attempt to lay down as law that which is not law. In this case, he certainly did so; but it does not appear that he departed from his ordinary course; and if he had, where is the rule, which on such occasions, is to govern a judge? Such conduct, as I have before observed on another point, violates no moral obligation, infringes no statutory provision. The judge may not have displayed the urbanity, the suavity, and the patience, which so happily characterize some high characters; but where or when has the absence of these minor qualities been considered as criminal? Some of the witnesses, and among them Col. Taylor has described the conduct of the judge as imperious, irascible and witty; but no witness has pronounced it tyrannical or oppressive.
With regard to the fourth specification which relates to the interruption of counsel, I shall say but little. A judge has a right at all times to interrupt counsel whenever they act improperly. It is the inherent right of courts. When that is laid down as law which is not law, it is not only their right, but it is their duty, to stop them. Such interruptions may be considered vexatious by the counsel that are interrupted; but of such matters the court only can be the judge. One witness, examined on the frequency of the interruptions of counsel on the trial of Callender, has said that more interruptions occurred in a case before Judge Irrell, whose eulogium has been pronounced by an hon. manager; and another witness has informed us that it is the habit of Judge Chase frequently to interrupt counsel as well in civil as in criminal cases; that the habit arises from the vigour of his mind, and the ardour of his feelings; that this is somewhat embarrassing to counsel, but that a little suavity on their part soon restores the judge to good humour. On this point I have no further observations to make. I will leave it to the good sense of this body to determine how far the conduct of the respondent was, on this occasion, indecorous, and how far, on account of this conduct, he is liable to impeachment.
I have omitted to notice one of the interruptions, relied on by the managers. When the counsel for the transfer insisted that the jury had a right to assess the fine, according to one of the witnesses the judge replied that it was a will-nation; according to Mr. Robertson, he said it was a mistaken idea. And that it was, every professional man will acknowledge. This point had been previously decided at Richmond by Judge Patterson and Judge Irrell; it had been decided that the law of Virginia did not apply, and that the assessment of the fine was the province of the court. By the law of Virginia, fine is assessed ad libitum ; by the act of the United States it is provided that it shall not exceed a certain sum. How then was it possible to act under both laws?
As to the 5th specification, which is in these words:—"in an indecent solicitude, manifested by the said Samuel Chase, for the conviction of the accused, notwithstanding even a public prosecution, but highly disgraceful to the character of a judge as it was subversive of justice?" I have no precise idea of the meaning of the term indecent solicitude . Solicitude means mental anxiety. If we are to understand by solicitude that the judge felt anxiety for the furtherance of justice, that is simply an operation of the mind, and to determine whether it is praiseworthy or reprehensible, some overt act must be shown. For is it possible that in any interesting case, a judge can sit on the bench without feeling some interest in the issue? This is more than falls to the lot of mortal. No, he must have feelings; and all that can be required is that he refrain them from breaking out into acts subversive of justice. I will endeavour on this point to condense the testimony. It is said that the solicitude of the respondent is evinced by his indecent behaviour to the counsel, and by his conduct previous to the trial. A jocular conversation is referred to; and expressions made in the most unguarded moments are drawn forth in judgement against him. After he had delivered a charge at Annapolis, Mr. Mason came up to him, and asked him what kind of charge he had delivered, whether it was to be considered as legal, religious, moral, or political. To which the judge replied that it was a little of all. Some conversation ensued on the licentiousness of the press, and he observed that when he went to Richmond, and a respectable jury could be found, he would have Callender punished. All this is worked up, as it were by magic, to prove a deliberate purpose on his part to institute a prosecution. That a man of the intelligence of Judge Chase, had conceived such a project, should have thus jovially, as it is proved, and in public, thus divulged it, is beyond all belief. Let not a casual conversation of this light and sportive kind be tortured into evidence of a deliberate design. No man, the least acquainted with the general character of Judge Chase, will entertain the idea for a minute.
Another circumstance complained of, is that Judge Chase was provided with a scored copy of The Prospect Before Us; and this is adduced to prove his purpose to oppress Callender. But we have given it in testimony that this copy was scored by Mr. Martin, who handed it to the judge, when he was about going to Richmond, to amuse him on the road, and to make such other use of it as he pleased. What was there improper or indecent in this? Further, the respondent is next hunted through a line of stages on his passage from Dumfries to Richmond; and Mr. Triplett is brought forward to prove that he expressed a wish that the damned rascal had been hanged. Had there been a settled purpose to convict or oppress Callender, would it not have been manifested by concealment and prudence, instead of being divulged by such an intemperate impulse of feeling.
We next find the respondent at Richmond. And here a gentleman states that having moved the court for an injunction, he went to the chambers of Judge Chase on the subject on the morning subsequent to the motion being made, and before the judge had gone to court; that while he was there, Mr. David M. Randolph, the marshal, came in, and showed the judge the panel of jurors for the trial of Callender; that the judge asked him whether there were in any of the creatures called democrats, and added, if there are, strike them off. Here must be some mistake. The witnesses must have heard some other person say so. Sure I am that the witness will show that the statement of the witness cannot be received as correct. I implore the court to receive the witness; this habit; but for ascertaining the weight to have, I will collect and co

It appears that Mr. Heath was at the judge's chambers but once. Mr. Marshall, the clerk of the court, called on judge Chase the same morning that Mr. Heath was there. He cannot recollect whether Mr. Randolph went with him, according to his usual practice, but he is certain, from a conversation he states, that they walked together to court; he met Mr. Heath either in the act of coming out of the judge's room, or exterior to the door; and he heard no such conversation as he relates. What says Mr. Randolph? That no such conversation ever did take place. Here then the testimony is directly opposed. But it is said that our testimony is negative, and is therefore outweighed by the positive testimony of Mr. Heath; this, however, is not the fact. Much of our testimony is positive. Mr. Randolph declares that he has never known the panel of a jury to a judge, except in the case of a grand jury, offered to the court to select a foreman; and he is positive that the panel in the case of Callender was not made out until the morning of the third of July in court, when his deputies came forward with the names of the jurors they had summoned on small slips of paper; and in corroboration of this evidence, it appears, on the testimony of Mr. Basset, who was sworn on the jury, that he was not summoned until the third of July; and that the marshal sent out his deputies that very morning to summon jurors. We oppose then to the simple declaration of Mr. Heath, uncorroborated by other witnesses, the clear and strong evidence of Mr. Randolph, corroborated by that of Mr. Marshall and Mr. Basset. It does then appear to me that none of the alleged facts are so supported as to show an indecent solicitude on the part of the respondent. (To be continued.)
European Intelligence. From London papers to 9th May, received at New-York, for the ship Panama. LONDON, May 3. The treaty with Russia, which has been so long depending, is said to be at last brought to a sort of conclusion—On Thursday a messenger arrived with a copy of it ratified by the emperor of Russia. It is described to be a treaty offensive and defensive, to take effect, however, only in certain events. The emperor of Russia stipulates to join this country with a certain number of ships, and with all his land forces, against France, unless Bonaparte agrees to certain terms of peace, in which the general interests of Europe shall be provided for. In order, therefore, to ascertain the views of Bonaparte on this subject, it is stated that Novosiloff, is gone as Russian plenipotentiary, to meet Bonaparte at Milan, and to offer the mediation of the emperor Alexander, for the restoration of peace. One report says, that the fulfilment of Russia is not to be paid, unless Austria or Prussia shall join in the war against France. That certainly would be a judicious and politic reservation on the part of our ministers—for we cannot see how the Russian land forces can be brought to act with any effect, unless one or other, or both of the great powers contiguous to France, take a share in the war, and afford the Russians a theatre on which to appear. But it seems to be a condition that multiplies the whole treaties; the emperor of Austria, it is said, has recognized Bonaparte as king of Italy. This seems to afford little prospect of the co-operation of that power. It is said that the treaty will be laid before parliament. If, however, it be of the provisional nature mentioned, it leads to negotiation in the first instance, rather than to war, unless the pacific part of the proceeding be committed wholly to our ally. It is probable, indeed, that after concluding such a treaty with this country, the emperor of Russia is prepared to lay before Bonaparte, a scheme of pacification which will not occupy much time in the discussion, and will demand an immediate answer of acquiescence or of rejection. In the circumstances of the case, we apprehend that Bonaparte will accept of no mediation, though he may express his readiness to negotiate: nor should we be surprised after all, that the season of action, already so far advanced, should be exhausted in overtures and projects. It is understood that the treaty with Russia leaves room for the accession of other powers. Sweden will probably accept a subsidy. May 11. Thursday the king in council commanded the book containing the list of his privy counsellors to be brought and laid before him; which being done, his majesty drew his pen across the name of Henry lord viscount Melville, as an erasure thereof from the said list. May 13. The dispatches received by government and the Russian ambassador on Thursday, have been stated to contain the ratification of a treaty of alliance offensive and defensive between the emperor Alexander and this country. We have every reason to assure our readers that this report is totally unfounded.—It is, however, certain that government continues to receive assurances of the friendly disposition of the court of St. Petersburg towards this country—and if this disposition should ever lead to an arrangement so desirable, it is obvious that it could not be attended, at least for the present season, with any useful consequence. While we do not learn that a single regiment of Russians is at this advanced period yet in motion, declarations on paper will be of little avail. If even all the military strength of Russia and Sweden were actually in the field, we cannot perceive, during the neutrality of Austria, and the attachment of Prussia to Bonaparte, how it could with any prospect of success be brought to operate against France. HAGUE, April 30. Yesterday morning about half past seven, his excellency M. Schimmelpenninck, with his comfort and children, arrived here:—and immediately took up his residence in the palace called the Old Court. At half past nine, his excellency gave audience to various persons and received their congratulations on his accession to the high dignity of pensionary. At half past one, his excellency was conducted into the presence of the directory of state, before whom he took the oath prescribed by the constitution—after which the directory of state laid down their posts. This was notified to the public as follows: “The pensionary of the Batavian republic, Rugger Jan. Schimmelpenninck, hereby notifies in that quality, that he has this day provisionally taken the oath prescribed by the constitution to the president of the directory of state: and that in pursuance thereof, after the dissolution of the directory of state, the government of the Batavian republic is constituted. Moreover, that M. C. G. Hulman has, by said pensionary been nominated and appointed general secretary of state. “Done in the Hague, April 29, 1805. (Signed) “SCHIMMELPENNINCK.” May 1. By a decree of the pensionary of this republic of yesterday, the following appointments have been made: Secretary of foreign affairs, M. Van Der Goes— Secretary of war, Mr. G. J. Pyman; secretary of home affairs, Mr. H. Van Stralen. Mr. H. Van Royen is provisionally charged with the navy department. Mr. P. Dussche, recorder of the bureau of state. PALERMO, April 10. Nelson's squadron appeared in our waters last night, one of his ships sent people on
shore; and an officer waked Mr. Action out of his sleep—This morning it was reported that the Toulon fleet was out—that it was destined for Sicily; and that lord Nelson was in pursuit of it. This evening, however, it is asserted, that the French fleet is gone to Egypt; and some houses of commerce are said to have received positive assurances of the truth of this report. Paris Moniteur. From London papers received at the office of the True American. LONDON, May 10. The secret expedition, the setting out of which at Portsmouth, was first announced in The British Press , is to rendezvous at Cork. Three regiments, viz. the 9th, 24th, and 83d, are now upon their march to embark at Portsmouth, from whence they will immediately proceed to that station. They will be joined there by several regiments of the army in Ireland. The expedition estimated at 6,000 men strong, will be under the command of Lieutenant-General Sir Eyre Coote, and is destined for the W. Indies. The 2th was yesterday inspected by his Majesty, as it passed through Hyde Park, on its march to Portsmouth. The 24th, lately quartered at Bow and the adjacent places, marched through the city at six o'clock this morning, on its route for Kingston, where it will halt this night, and proceed to-morrow for the same destination. The troops in Ireland commenced their march to Cork, upon the 4th instant. They consist of the 33d, from Loughrea; the 38th, 71st, and 72d, which were, at the date of our letters, upon their route. The 21st, 62d, and 93d, had already embarked at Cork. A morning paper says, that this force is to be employed as an Army de Chasse , to be in readiness to follow wherever the combined squadron may be hereafter ascertained to have made an impression, in order to dislodge them. The Glory, of 98 guns, is hourly expected at Spithead, with Admiral Sir John Orde on board. Orders have been sent to him to repair thither, and to strike his flag. The growlers complain that Sir John Orde did not attack the Toulon fleet, notwithstanding its great superiority of force; but they forget that six line of battle ships were ready to put to sea from Cadiz, to increase the fearful odds against his little squadron. Some think that it would have been advisable for Sir John Orde to have effected an immediate junction with our fleet off Ferrol, and gone in close pursuit of the enemy, when they could have had but a day or two start of him, even at the risk of letting out the ships there, which, having no troops, and not forming part of an expedition, could have done less injury. But we doubt whether Sir John Orde could have had authority for such a proceeding. A private letter, of the 2d, from the Hague, says: “In Italy there are now 100,000 Frenchmen in arms, partly to prevent the remote possibility of hostile attempts, and partly to give weight, if necessary, to the plan for the extension of the new frontiers of that kingdom. As early as the 15th of February, secret orders were given, under certain circumstances, to act offensively on the Adige. Prince Joseph still persists in his refusal to accept the crown of Italy. It is now Bonaparte's intention to cede it, at some future period, to Eugene Beauharnais, and, by this disposition, to give a proof of his conciliation and moderation at a general peace. The President cost the Milanese twenty-four millions of lives; the King must prove much more expensive.” May 11. An article from Hamburg, dated April 20, says, “It is now decided that the new Danish port, so long talked of, shall be formed near Floodland, in Jutland; the Danish government have also proposed purchasing the town of Wandbeck of our Senate.” The following singular paragraph appears in a French journal, received this morning, dated from the frontiers of Turkey, April 7:—“All negotiation between Czerri George having been broken off, the Servian Chief has taken his measures for an immediate opening of the campaign.—Jacques Czarazag has advanced towards the Banks of the Drina, there to wait for Musa Aga and Zebega, who threatens to penetrate into Servia by this route, assisted by a body of British troops.” The Queen of Etruria, it appears, is expected to attend the Coronation of Napoleon the Great at Milan, where she will be formally introduced to the imperial family. It is supposed, that she will have a very particular introduction to Prince Eugene, who has not yet taken unto himself a wife. Bonaparte will have an opportunity of shewing the amiable effects of his disposition, in the friendly way of bringing the young people together. Major Gwynn arrived yesterday at Lord Camden's office, with dispatches from the Leeward islands, containing the particulars of the recent operations of the enemy's squadron in that quarter. They also confirm our former statements of the false arrival of the Cork fleet, under convoy of the Protege, with 3000 troops on board, 1000 of whom were landed at Barbadoes, and the remainder distributed among the other islands, which are now considered to be in a very respectable state of defence. Advices were at the same time, received at the Admiralty, the nature of which has not yet publicly transpired; but we understand that Admiral Cochrane has reached his destination, and that at the date of the last accounts he had failed in pursuit of the enemy's squadron, from which he was then distant only a few hours sail. Accounts of a most satisfactory description may therefore be very shortly expected from that quarter. May 12. Yesterday we received a letter from an officer of the Diadem, from which we can assure our readers, notwithstanding the reiterated rumours to the contrary, no part of the Channel fleet had been detached in pursuit of the Toulon squadron to late as the evening of the 5th inst. A report prevailed at the Hague, that the principal destination of this hostile force was St. Domingo, in which island the French are said to be not only masters of the whole Spanish part, but to have retaken Port Dauphin. Admiral De Winter, after having concerted a plan of operations with Verheul, at Dunkirk, had returned to the Hague. The Toulon squadron is said to have appeared first before Ferrol, where the Spanish Admiral demanded forty hours to get ready; but the French not willing to risk an encounter with any British force that might fall in with them, immediately made for Cadiz. The ships which remained behind in Cadiz, to watch the English, should they return, were
besides two French frigates, a Magdalene, and Le Ruffin, of thirty eight guns each. The French editors have been strictly commanded not to publish any intelligence relative to the hostile fleet, as it was intimated to them that the French and Spanish squadrons had gone on a secret expedition of the most important nature; and that it was the object of the respective governments to keep their destination a profound secret from the English. The Dutch squadron, consisting of five sail of the line, lying in the Texel, under Admiral Kirkkerk, in perfect readiness for sea, at the date of our letters. There is no doubt that the Brest fleet mean to avail themselves of the first opportunity of putting to sea.—This intention is the common subject of conversation at Paris, and it was generally understood that they would attempt to convey a strong force to Ireland. A great number of French and Dutch troops have lately been sent to Zealand.—As they belong to the different corps composing the army intended to act against England, this movement has excited a very great sensation. Transports, to convey about 10,000 men, are collecting at Bergen op-Zoom, as well as in the island of Walcheren. The French Gen. Dumas has arrived at Middleburgh and Flushing, in his capacity of an adjutant to Bonaparte; he brought private instructions, which induced a general conference of the French commanders in that quarter.—It is generally understood that the expedition against England will be attempted without delay. General Zaltrow, who was lately sent from Berlin to Petersburg, on a private mission had for his object to make every representation for keeping up the good understanding between the two courts; and he was instructed, if he found the Russian government inclined to listen to moderate proposals, to intimate that his master would readily come forward and use his efforts for the restoration of a general peace. We have received a letter from a respectable mercantile house at Genoa, which states that the fate of that capital is decided, it being generally understood that it is to form a part of the new kingdom of Italy.—The French military force in that country is now estimated at upwards of one hundred thousand men, which is intended partly to frustrate any possibility of hostile enterprises, and partly to determine the frontiers of the new empire. It is certain that on the 15th of February, orders had been sent from Paris to act offensively, on the Adige, if any extraordinary movement should be perceived amongst the Austrian troops in that vicinity. Yesterday we received a letter from Constantinople, brought by a gentleman who travelled overland to Embden, with dispatches for government in which we are assured that the differences between France and the Port are still far from adjustment. In the beginning of last month a plan of operations to defeat an expected invasion on the part of the French presented to the Divan by the Russian ambassador. The Russian armaments in the ports of the Black Sea, are carried on with the utmost activity, and a vast number of transports have been collected there for the purpose of embarking troops. The last dispatches received by government from the continent are said to intimate decisively, that the Russians are not to take the field this season, unless Bonaparte should cause an attack to be made upon Naples, the Seven Islands, or any of the dominions of Turkey. We have, nevertheless, the best private authority for stating, that a material coolness subsists between the courts of Vienna and Petersburg towards that of the Tuileries. An approximation between the first mentioned courts is the general subject of conversation; and with this view diplomatic agents have been respectively sent with propositions on the subject. Admiral Cornwallis is expected to resume the command of the Channel fleet immediately. It is impossible to disparage Lord Gardner—but if there is an election to be made, no man can conceive himself neglected in its falling on Cornwallis. Fourteen additional ships of the line have within these few days, joined the Channel fleet. The Bellerophon and Warrior failed on Thursday from Plymouth to join the Channel fleet. Early yesterday morning, the press on the river was very vigorous, and upwards of 900 seamen were procured. Many of them endeavoured to deceive the officers of the press, by putting rings in their ears to appear like neutral foreigners. The emperor of Austria has acknowledged Bonaparte as king of Italy. A letter lately received from a great mercantile house at Cadiz attributes the dreadful famine which occurred last year in most parts of Spain, principally to the consequences of a general system of monopoly; and asserts, that from the 23d of April to the 23d of December, 1804: there were imported into that port 1,789,232 bushels of wheat, and 35,854 barrels of flour. But the rapacity of the importers, and their eagerness to obtain a greater price than could be raised for its purchase, induced them to keep it in private store-houses till it heated and became useless. At length, however, the government interfered and compelled the dealers to dispose of all their stock at a fair price, which was collected by the Corporation and sold in regular quantities to the bakers. From this measure it was ascertained that there was grain and flour enough in Cadiz to last till the first of May, and there is now every prospect of an abundant harvest. But notwithstanding this supply the price continued considerable, in consequence of the scarcity which still prevailed in the adjacent cities, and no importations were expected from the Mediterranean or the Baltic. LORD MELVILLE.—At Norwich on Tuesday, the Common Council proposed a vote of thanks to Earl St. Vincent, to the commissioners of naval inquiry, to Mr. Whitbread, and to the city members; but in submitting the resolutions for the concurrence of the Aldermen, they were all rejected by that body.—Ayes 4—Noes 12. May 13. The dispatches received by government and the Russian ambassador on Thursday have been stated to contain the ratification of a treaty of Alliance offensive and defensive between the Emperor Alexander and this country. We have every reason to assure our readers that this report is totally unfounded. It is, however, certain that government continues to receive assurances of the friendly disposition of the Court of St. Petersburg towards this country; and if this disposition should ever lead to an arrangement so desirable, it is obvious that it could not be attended, at least the present season, with any useful consequence.—While we do not learn that a single regiment of Russians is at this advanced period yet in motion, declarations on paper will be of little avail. If even all the military strength of Russia and Sweden were actually in the field, we cannot perceive, during the neutrality of Austria, and the attachment of Prussia to Bonaparte, how it could with any prospect of success be brought to operate against France. PARIS, April 29. The army assembling in the celebrated Plain of Marengo, will consist of 30,000 select men, which are to be reviewed by his Majesty the Emperor.
The Bahama, (guns) 74 Le Vauquelin, 74 Le Souverain, 74 Le St. Firmin, 74 America, 68 Espana, 68 Catiba, 62 And another, the name of which is not known,
RE-ARRANGEMENT OF THE PROVINCE OF UTRECHT. The following remonstrance of the inhabitants of the Province of Utrecht against the new Constitution contains an ingenious and spirited protest against the imposition of that form of Government by the hand of a foreign nation:— “All the undersigned citizens and inhabitants of Utrecht, to the President and members of the State directory of the Batavian Republic. FELLOW CITIZENS— “A new plan of a Constitution being again proposed to the Batavian people, in order to its being subjected, without delay, to their assent or rejection, and as we have it not in our power to make known the reasons for our dissent at the time of voting; we take the liberty to inform you, that after minute investigation and mature consideration of the said plan, the same appeared to us, far from amending the present Constitution, to be, on the contrary, liable to produce much greater evil, which, sooner or later, must necessarily proceed therefrom to the nation; and we therefore feel no difficulty in stating that the said plan, according to our view of it, is at variance with the interest of the people of Batavia, and Republican Liberty, for which our ancestors have sacrificed so much blood and treasure. It appears from the contents of this plan, that “1. The possessions and property of the inhabitants are left at the mercy of the most arbitrary dispositions of the political power, the experience whereof has proved of great injury to so many eminent inhabitants from the year 1795, down to the present time, without obtaining any redress, notwithstanding their just complaints have been presented against these abuses; which is the cause of so much dissatisfaction at this time. “2. That by the said plan, justice, and the course of the law, that palladium, and sacred support of liberty, which was till left free by the present Constitution, and which ought always to remain free unto all the inhabitants in all cases, is impeded, and can be suborned in the most arbitrary manner, which cannot be limited by any constitution, since it is the incontrovertible right of every Member of Society. “3. That the Supreme Power is placed above every law, and a most unlimited, most despotic authority is committed to one person, as it were, under the old title of Pensionary of the Council; a power much greater and more extensive than ever belonged to the ancient Counts of Holland, and to the late Stadtholders, may, which even exceeds that of a Constitutional King, there being abandoned to him without the least limitation: “1. The whole supreme administration of the national pecuniary means, to dispose of them according to his pleasure. “2. The free disposal of the whole military force of the country, as well by sea as land. “3. The arbitrary nomination of all high functionaries, and the free appointment of the administration of the place where the government resides, to the prejudice of the right of its inhabitants to the free election of their own Magistrates. “4. The exclusive right of alone making propositions in the Assembly of their High Mightinesses, and the limitation of the power of that Assembly, which cannot deliberate on any other subjects but such as are proposed to it by him: thus, when he is silent, all are silent and a deadly lethargy ensues. “5. That he is made accountable to no man, but only to the Supreme Being, who is contemplated with far too much looseness and liberty; for there being no ruling or distinguished religion established, surely a wide door is opened for every body's conscience, upon which the people of Batavia must entirely depend, and embark all their concerns. “A power, therefore, of which one of the Members of the Legislative Assembly has justly observed, that if the person who possesses it be a Cato, monwealth may possibly be happy for the time being; but, on the contrary, if he be a Cæsar, it must soon be under his controul. “And as it is now eligible and prudent for the inhabitants of this country to adopt a plan of a constitution that nature upon an uncertainty, and for the nation to be hazarded upon the chance whether a Cato or a Cæsar shall be at any time placed at his head? With a great reason did the aforesaid member exhort the inhabitants of this country to watch diligently over this point, that they might not deliver themselves up indiscriminately to despotism and violence, and thus suffer themselves to be fettered with bonds of slavery. “These are the reasons, Citizens, why we, as well for us as for our posterity, are neither willing nor able to resolve upon the acceptance of a constitution, by which, under the specious forms of old names or titles, the most arbitrary Government may be introduced. “Far be it, nevertheless, that by this our rejection of the proposed plan, we should be understood to approve of the existing Constitution in the whole, and that we should not be considered as disposed to agree with you in any wise improvement of a more concentrated administration: no, the contrary is the fact! for if we are to speak out what we think, and what our hearts dictate, we have experienced none but unfortunate years since the revolution of 1795; and the founding words of Equality, Liberty, and Fraternity, of Batavian Liberty, of Unity, and Indivisibility, of a pretended Patriotism, and of a famed and loud cry of love of our Country, have produced none but the bitterest fruit to the principal part of the nation, to those who have not enriched themselves by the treasures levied at so dear a rate. “We long therefore, for a change, but at the same time for an improvement; and nothing will be more agreeable to us (this we speak confidently in the name of the whole nation) than, after being tossed to and fro, to see for once a good plan of a constitution offered, refusing solely upon the basis of Rights, of Equity, & of sound Politics, by which Liberty and Divine Worship should be maintained, every individual protected in the possession of his lawful property, justice exercised without impediment; so that even the meanest inhabitant may obtain his due right, and by which the Supreme Power shall not be placed above the law, nor a sovereign and unlimited authority not entrusted to any single individual, who ever he be, and by whatever appellation he may be distinguished. “And how greatly it is to be lamented, Citizens, that in the present instance, an unconsiderate enthusiasm should have deviated so far from the Union, and placed every thing upon a vague foundation; from the Union, by which our Republic, under the blessing of God had risen to the highest summit of felicity; from the Union, by which every man's real liberty was provided for, and divine worship duly maintained, without tyranny or compulsion of conscience, and all predominance of one province over the others, was duly prevented, and by which, as you yourselves have not obscurely hinted in your note to the Legislative body, the country has experienced such happiness during two centuries. “And if this be true, as it is undoubtedly, can the nation desire any other plan of a Constitution than such a one as, being purged from all former defects, as much as is consistent with the present circumstances, shall be principally founded upon the Union? “If, however, the critical circumstances in which we are involved by a ruinous war, require for that period a concentrated administration, to give more energy to the decrees which are to be passed for the welfare of our country; well then, in that case, let us follow the steps of the ancient Romans, and appoint, until the peace, or for a limited time, five years at the longest, a Dictator, after the Roman manner; let us name even the intended person (Schimmelpenninck) to this preeminence; and let all necessary power and authority be entrusted provisionally to him, without impairing the people's liberty and justice; but let us by no means deprive the nation thereof forever, under a Constitution, the consequence of which may be the most arbitrary oppression, under which we must suffer and endure violence, or be reduced to the disgraceful necessity, (like so many other respectable families, which have already removed their residence to other countries,) of quitting this our native soil, once so free, but by the introducing of this Constitution,
and of necessity, we can never give our assent, after many sacrifices as we have made to liberty; we must therefore in giving our suffrage, reject the proposed plan with the most decided negative. UTRECHT, April 4, 1805. To His Excellency M. R. J. SCHIMMELPENNINCK, Ambassador from this country to His Majesty, the Emperor of the French. “As the people of Batavia had sanguinely flattered themselves that they should receive, under your concurrence, a wise plan of a Constitution, they were sensibly affected on seeing the State-Directory offer a plan to the nation, for its assent or rejection, by which the liberty of the inhabitants of this country is, in our opinion, undermined in all its parts. “Now, since no facility is given or permitted at the time of voting, to state the reasons of our rejection, we have thought proper to inform the State-Directory of those reasons by a note, at the same time taking the liberty to transmit to your Excellency a copy of that note, to which we refer you, for the sake of brevity. “And although we have declared by that Note our willingness to agree with the State-Directory, in assisting to establish an improved plan of a Constitution, founded upon justice, equity, sound politics, and as nearly as possible upon the Union; and in order to be, during the present critical circumstances, more energy on the decrees for the welfare of our country, by a more concentrated administration, to entrust it to a person, in whose abilities, probity, and love of his country, the people of Batavia might safely confide, & have made no difficulty to propose to the Directory for that purpose in the said Note, the nomination of your Excellency, who, at the present moment, certainly appears to us the properest person to save our country from decay and ruin; we yet think, on being called upon in a solemn manner, that we ought not to give our assent to the establishment of a Constitution, which may have for its consequence, sooner or later, or for our posterity, the most arbitrary despotism. “Although we are well convinced, considering the manner of voting, by which all those who do not appear are understood to have assented; that our hopes and expectations will not be fulfilled; yet we for ourselves, could not resolve to adopt a plan, by which the people of Batavia may some time be reduced to a low dependance, desiring, sincerely, that your Excellency will be pleased to take in good part this our ad done for the good of our country, and that you will also take into mature consideration the reasons more amply stated in the aforesaid note to the State-Directory, as being of the greatest interest to every inhabitant. “We remain, “YOUR FELLOW CITIZENS.” “Utrecht, April 4, 1805.” ALTONA, May 3. It is positively asserted, that the King of Sardinia will be indemnified for the loss of Piedmont, by the Republic of the Seven Islands and Malta, of which, besides, he will be Grand Master. According to this plan, the states of this Prince will consist entirely of Islands. BOSTON, June 22. NELSON'S FLEET, &c. Capt. HALL, who arrived yesterday from the Mediterranean, came through the Straits of Gibraltar, on the 6th of May, with Lord Nelson's Fleet, of 15 sail of the line, and parted off Cape St. Vincent, on the 9th of May. It was reported at Malaga, by the Captain of a Danish vessel, that off Sicily he had been boarded from two Tripoline Corsairs; but it was not much credited; and no such news had reached Alicante or Gibraltar. The above account of Lord Nelson's Fleet, (which may be depended on,) does not agree with the reports of its being spoken with, but the intelligence of its arrival at Barbadoes, about the 1st. of June, may be correct. Palladium. NEW-YORK, July 2. Captain Morris, from Bordeaux, left the Corvadan on the 30th May, at which time he was informed by the officers of the guardship that the Brest fleet had failed on the 27th for Jamaica. Mere. Adv. A gentleman in this city has received a letter from his correspondent at Nantz, dated the 23d May, which contains the following Postscript: “I open my letter to inform you of the return to Rochefort of the squadron which failed from thence some time ago for the windward islands. It has on board the contributions levied upon the English islands. This has occasioned no little sensation here.” We understand that another letter has been received in town which states that the above squadron had failed again from Rochefort on a secret expedition. It. Petition of the Roman Catholics of Ireland. According to the agreement of the imperial parliament and the expectation of the British public, the important cause of the Catholics of Ireland was agitated in the house of lords on the 10th ult. Lord Grenville having moved the order of the day, and the petition having been read, he addressed the house in a long, elaborate, and eloquent speech, in which he advocated the justice, propriety, and policy of granting the prayer of the petition. He shewed that the cruel and sanguinary tenets formerly maintained by the Catholics towards Protestants could no longer with truth be attributed to them, and that to urge them now against their emancipation were equally uncaused and unjust. He shewed that during the rebellion in '98 the Catholics had proved equally if not more loyal than their Protestant brethren, and that they manifested no disposition to avail themselves of the occasion to overturn the Protestant ascendancy. He shewed that it was not only just to grant the petition, but politic to grant it now—now when the inveterate enemy of Britain was training every nerve to accomplish her ruin. “We have every external motive, says the orator, for union; we are menaced by foreign enemies; we should close our ranks, and present a firm phalanx to the foe.” His lordship was strongly opposed by lords Harvethbury, Sidmouth, and Redesdale, and ably supported by lord Holland. What may be the result of this very interesting discussion time only can tell; but there is reason to suppose it will terminate unsuccessfully for the petition. N. T. Moon. Chron. Extract of a letter from a gentleman in Liverpool, to his friend in this city, dated in May. “Our political world has lately experienced a considerable degree of commotion from the conviction and condemnation of Lord Melville, (alias Harry Dundas) as a peculator of the public money.—Mr. Pitt also, by appearing to defend him, (although in a very weak degree) has much diminished his own popularity, which however has been long on the decline. Mr. Pitt stood on high ground when he resigned his situation at the head of affairs, on the principle of Catholic emancipation; but his opposition to Mr. Addington, particularly in respect to the Military Bill, his succeeding him in consequence of it; and then introducing his own Bill, which proved equally unproductive, have lowered him
and of necessity, we can never give our assent, after many sacrifices as we have made to liberty; we must therefore in giving our suffrage, reject the proposed plan with the most decided negative. UTRECHT, April 4, 1805. To His Excellency M. R. J. SCHIMMELPENNINCK, Ambassador from this country to His Majesty, the Emperor of the French. “As the people of Batavia had sanguinely flattered themselves that they should receive, under your concurrence, a wise plan of a Constitution, they were sensibly affected on seeing the State-Directory offer a plan to the nation, for its assent or rejection, by which the liberty of the inhabitants of this country is, in our opinion, undermined in all its parts. “Now, since no facility is given or permitted at the time of voting, to state the reasons of our rejection, we have thought proper to inform the State-Directory of those reasons by a note, at the same time taking the liberty to transmit to your Excellency a copy of that note, to which we refer you, for the sake of brevity. “And although we have declared by that Note our willingness to agree with the State-Directory, in assisting to establish an improved plan of a Constitution, founded upon justice, equity, sound politics, and as nearly as possible upon the Union; and in order to be, during the present critical circumstances, more energy on the decrees for the welfare of our country, by a more concentrated administration, to entrust it to a person, in whose abilities, probity, and love of his country, the people of Batavia might safely confide, & have made no difficulty to propose to the Directory for that purpose in the said Note, the nomination of your Excellency, who, at the present moment, certainly appears to us the properest person to save our country from decay and ruin; we yet think, on being called upon in a solemn manner, that we ought not to give our assent to the establishment of a Constitution, which may have for its consequence, sooner or later, or for our posterity, the most arbitrary despotism. “Although we are well convinced, considering the manner of voting, by which all those who do not appear are understood to have assented; that our hopes and expectations will not be fulfilled; yet we for ourselves, could not resolve to adopt a plan, by which the people of Batavia may some time be reduced to a low dependance, desiring, sincerely, that your Excellency will be pleased to take in good part this our ad done for the good of our country, and that you will also take into mature consideration the reasons more amply stated in the aforesaid note to the State-Directory, as being of the greatest interest to every inhabitant. “We remain, “YOUR FELLOW CITIZENS.” “Utrecht, April 4, 1805.” ALTONA, May 3. It is positively asserted, that the King of Sardinia will be indemnified for the loss of Piedmont, by the Republic of the Seven Islands and Malta, of which, besides, he will be Grand Master. According to this plan, the states of this Prince will consist entirely of Islands. BOSTON, June 22. NELSON'S FLEET, &c. Capt. HALL, who arrived yesterday from the Mediterranean, came through the Straits of Gibraltar, on the 6th of May, with Lord Nelson's Fleet, of 15 sail of the line, and parted off Cape St. Vincent, on the 9th of May. It was reported at Malaga, by the Captain of a Danish vessel, that off Sicily he had been boarded from two Tripoline Corsairs; but it was not much credited; and no such news had reached Alicante or Gibraltar. The above account of Lord Nelson's Fleet, (which may be depended on,) does not agree with the reports of its being spoken with, but the intelligence of its arrival at Barbadoes, about the 1st. of June, may be correct. Palladium. NEW-YORK, July 2. Captain Morris, from Bordeaux, left the Corvadan on the 30th May, at which time he was informed by the officers of the guardship that the Brest fleet had failed on the 27th for Jamaica. Mere. Adv. A gentleman in this city has received a letter from his correspondent at Nantz, dated the 23d May, which contains the following Postscript: “I open my letter to inform you of the return to Rochefort of the squadron which failed from thence some time ago for the windward islands. It has on board the contributions levied upon the English islands. This has occasioned no little sensation here.” We understand that another letter has been received in town which states that the above squadron had failed again from Rochefort on a secret expedition. It. Petition of the Roman Catholics of Ireland. According to the agreement of the imperial parliament and the expectation of the British public, the important cause of the Catholics of Ireland was agitated in the house of lords on the 10th ult. Lord Grenville having moved the order of the day, and the petition having been read, he addressed the house in a long, elaborate, and eloquent speech, in which he advocated the justice, propriety, and policy of granting the prayer of the petition. He shewed that the cruel and sanguinary tenets formerly maintained by the Catholics towards Protestants could no longer with truth be attributed to them, and that to urge them now against their emancipation were equally uncaused and unjust. He shewed that during the rebellion in '98 the Catholics had proved equally if not more loyal than their Protestant brethren, and that they manifested no disposition to avail themselves of the occasion to overturn the Protestant ascendancy. He shewed that it was not only just to grant the petition, but politic to grant it now—now when the inveterate enemy of Britain was training every nerve to accomplish her ruin. “We have every external motive, says the orator, for union; we are menaced by foreign enemies; we should close our ranks, and present a firm phalanx to the foe.” His lordship was strongly opposed by lords Harvethbury, Sidmouth, and Redesdale, and ably supported by lord Holland. What may be the result of this very interesting discussion time only can tell; but there is reason to suppose it will terminate unsuccessfully for the petition. N. T. Moon. Chron. Extract of a letter from a gentleman in Liverpool, to his friend in this city, dated in May. “Our political world has lately experienced a considerable degree of commotion from the conviction and condemnation of Lord Melville, (alias Harry Dundas) as a peculator of the public money.—Mr. Pitt also, by appearing to defend him, (although in a very weak degree) has much diminished his own popularity, which however has been long on the decline. Mr. Pitt stood on high ground when he resigned his situation at the head of affairs, on the principle of Catholic emancipation; but his opposition to Mr. Addington, particularly in respect to the Military Bill, his succeeding him in consequence of it; and then introducing his own Bill, which proved equally unproductive, have lowered him

The Enquirer.
RICHMOND, 9th JULY, 1805.
much in the public opinion.—Time was, when Pitt had so nearly identified himself with our Constitution, that it was almost as sedition to speak against him as against the King: but that time is no more. His talents are great, but he is now reduced as on a level with other men, and his every word and act fully and freely canvassed—probably, indeed, this may in some measure have arisen from the liberal manner in which that excellent Patriot Mr. Addington, (now Lord Sidmouth,) invited a discussion and examination of his opinions and conduct, which produced such habits of criticizing the actions of ministers, as cannot easily be destroyed. His mismanagement of the war, by leaving our foreign possessions so exceedingly unprotected, has also exposed him to much severe animadversion. In short, I consider Mr. Pitt now nearly at the end of his career. We apprehend no danger from Bonaparte's threatened invasion, but the commercial world are full of fears with respect to our colonial possessions."
West Indies.
ANTIGUA TAKEN.
A letter received in town last evening from St. Thomas, dated June 10th, states that the combined fleets then consisted of thirty-two sail, one half of which went against and captured Antigua. It adds that the harbour of St. Thomas was crowded with vessels of every description, from Antigua, waiting till the storm had subsided.
Captain Haylander, from Martin (Martin) informs, that the whole of the combined fleet sailed from Martinique on the 6th ult. except two 80 gun ships and a frigate, just arrived from France. On the 18th Captain H. passed Antigua, and saw a large fleet in the dusk of the evening, off the harbour of St. John's, standing off, and apparently making observations, which he believes was the French fleet, as the number corresponded, and they all appeared to be large ships. The probability was, that they had only arrived there that day, after taking in at Guadeloupe such particulars as they had occasion for. The general opinion at Martinique was, that the taking of Antigua would be their first object. Previous to their leaving Martinique three 74's were sent against Diamond Rock, garrisoned by 117 British troops, who made little resistance, and capitulated after a siege of four days: the garrison were sent to Barbadoes in a cartel. The French frigate which arrived last from France brought dispatches in 27 days from L'Orient, but nothing of their contents transpired: it was the report of the day, that the two French commanders of the army and navy did not perfectly agree which was a principal cause for their stay so long at Martinique: it was also reported that Bonaparte, to deceive Lord Nelson, had a number of letters written by the relations of the officers of the Toulon fleet, wishing them success in their expedition against Egypt, which letters had been put on board of fast sailing luggers which were to throw themselves into the way of Nelson's cruisers, in order to lead them astray, and which was supposed to have the desired effect, as no account had reached Martinique on the 11th of any English fleet arriving in those seas. It was said that the French fleet were in want of many things; their arsenals then being totally unprovided, their main object was to get possession of some of the English arsenals, to which they might have recourse in case of any accident happening their vessels; the number of troops on board the fleet was 10,000. He heard nothing of the sickly state of the Spanish fleet as heretofore reported.
Our Philadelphia correspondent, under date of Sunday noon, communicates to us the following intelligence:—
“From present appearances there must be a considerable change of property in these islands. The French have 30 sail of the line and 10 frigates at Martinique; the British (it is said and believed) have twenty-one sail of the line at Barbadoes. The French admiral has demanded the surrender of all the English in due form. If the British fleet are arrived, the answer will no doubt be a noisy one.”
NOTICE.
ON the 22nd day of May last the co-partnership of WM. M. ALLEN & JAMES CODY, under the firm of ALLEN & CODY, of Ca Ira, was dissolved by mutual consent. All persons indebted to Allen & Cody are desired to come forward and close their accounts by bond or otherwise—and all persons having demands against them, are requested to make them known, that they may be adjusted for payment. Either of the partners at Ca Ira are authorized to settle accounts or to make and receive payments. WILLIAM M. ALLEN, JAMES CODY. Cumberland, July 9. (ep8c.)
NOTICE.
THE Partnership now carrying on under the firm of PUMFREY & FITZWYLLSONN, will be dissolved by mutual consent, on the 31st day of this present month. All those having claims against the said concerns, are requested to bring them in to John Pumfrey for adjustment, and those indebted thereto, to make immediate payment to him. JOHN PUMFREY, W. H. FITZWYLLSONN. July 9. (ep4w)
THE subscriber takes this method of informing his friends and the public, that he intends retiring on the STATIONARY & BOOK-BINDING business in all their various branches, as usual. JOHN PUMFREY.
JOHN PUMFREY returns his most grateful acknowledgements to his friends for the unbounded patronage which he has obtained in the line of his profession: and he trusts no exertion on his part will be wanting to merit a continuation of their favors. July 9. (ep4w)
Richmond County Court, June 1805. IN CHANCERY. Against Ann Y. McNeil, William R. Kelso, Defs. It appearing to the Court, that the defendant, Ann Y. McNeil, is not an inhabitant of this state, and not having entered her appearance and given security according to law, and the rules of this court—on the motion of the complainant by his counsel, it is ordered, that the said Ann Y. McNeil, do appear here on the first Monday in August next, and answer the complainant's bill, and that a copy of this order be published in the Enquirer printed in the city of Richmond, for two months successively, and a copy also be served on the said Ann Y. McNeil, and that it be further ordered and decreed, that the defendants Kelso and McNeil do not pay, convey away, or secure the debts and effects due and belonging to the said Ann Y. McNeil, until the further order of the court in the premises. A Copy, true. B. MC CARTY, C. M. A. July 9. (p12m)
The celebration of the 4th of July in this city was not accompanied by those splendid arrangements, and those sumptuous feasts, which have sometimes distinguished the Anniversary of American Independence: but it was not less productive of public joy, and sincere congratulation. We had no public orator to commemorate its blessings, but every man experienced and expressed emotions that were due to the occasion. We saw no numerous public parties collecting together, toasting the principles of our revolution, and filling high the mantling bowl, in honour of our national nativity; but instead of these, we saw the friends of the revolution assembling into smaller circles, and enjoying with greater freedom “the feast of reason and the flow of soul.” Had a stranger been among us on that occasion, he might have concluded from a want of pompous preparation or magnificent appearance, that the 4th of July had lost some of its charms and some of its excitement; but had he entered more deeply into the scene before him, he would at once have discovered, that on no former occasion have we been more fervent in our feelings or more sincere in the expression of them. The 4th of July is certainly a theme, on which the orator might indulge the boldest conceptions of his fancy, and the bard might successfully touch the finest nerve of the soul; yet he must be a miserable reasoner indeed, who would infer from the want of such an exhibition among us, that the 4th of July had lost any of its attractions.
The following toasts were drank at the Eagle, by the Richmond troop of horse, commanded by Capt. William Austin and the Chesterfield troop, commanded by Capt. Harry Heth.
1st. The day we celebrate—it can never be forgotten while Americans value national liberty.
2nd. The memory of General Washington—the proud boast of his countrymen, the admiration of the world.
3rd. The memory of the heroes who fell in asserting our Independence.
4th. The Public Councils of 1775—who have left us a legacy which we will never transfer.
5th. The President of the United States.
6th. The United States of America—may their union be as permanent as their territory is extensive.
7th. The constitution of the United States, as it is—not as ambitious demagogues would make it.
8th. The memory of General Hamilton—he was in the confidence of Washington.
9th. The constituted authorities of the United States.
10th. Our public ministers abroad.
11th. The commonwealth of Virginia.
12th. The Army and Navy of the United States.
13th. The agriculture, commerce, and Manufactures of the United States.
14th. Captain Bainbridge, and his crew, in captivity—they have nobly risked their lives in their country's service and ought to be released.
15th. The memory of Lieutenant Somers and his brave crew—who preferred voluntary death to Tripolitan captivity.
16th. The fair daughters of Columbia—may their smiles be the reward of bravery and virtue.
17th. May the celebration of this day bury in oblivion all party animosity throughout the United States, and may all America unite in support of their common interests.
VOLUNTEERS.
The governor of Virginia (be having retired). By Capt. Austin.
The Richmond Cavalry—May their patriotic exertions be followed by all other corps within the State. By the chief justice.
The Chief Justice of the United States (be having retired). By Capt. Heth.
The Chesterfield Cavalry—May their example of this day, be followed by the citizens of this state. By Col. Mayo.
John Jay. By Lieut. Scott.
The “patriotic exertions” of the “Richmond Cavalry” must command our gratitude and admiration when they are devoted to the improvement of their own discipline or the defence of the state, but they are far more calculated to obtain our approbation, when they were employed in the composition of some of the preceding toasts. The general complexion of these toasts is pure & adapted to the occasion which produced them; but the genius of federalism sometimes breaks out, and gives us indications of the activity which would have inspired it if the occasion itself had not forbidden its indulgence. “The memory of general Hamilton, he was in the confidence of Washington.” Could this have been intended as a compliment or as a censure? That the greatest merit of any man should have consisted in his being the confidant of another! They pass by the splendid genius of Hamilton; his devoted zeal to their cause, manifested in such a variety of ways and by such a series of unflagging efforts to shape the administration by those arbitrary principles which dictated his favorite propositions in the federal convention; they neglect these singular and very laudable services, and dwell with delight upon the confidence which Washington reposed in him. From this one selected feature in his history, would a stranger to the name of Hamilton form any other conclusion than that he was the humble though faithful friend of Washington, distinguished by no intrinsic merits and deriving all his lustre from the reflections of another's name. Because he did not possess the lustre and influence of a comet himself, the federalist must content themselves with making him a comet's tail. “The constitution of the United States, as it is—not as ambitious demagogues would make it.” Must then every man be called an “ambitious demagogue” who wishes to change the constitution? Is our government so completely perfect, that no man can wish it to be otherwise than “as it is” without deferring the opprobrious title of an “ambitious demagogue?” “You strain our sentiments too far” reply the federalists; “we would keep the constitution as it is, rather than see it changed by such men.” But who are such men? The liberality of a Federal definition will extend this term to the most virtuous friends of the present administration. The recent incidents which suggested this sentiment, will direct us to its application. It teaches us to regard Randolph and Nicholson as politicians who are actuated by the very worst motives and directed by the worst principles. Henceforth we are to regard them as demagogues “as ringleaders of the rabble,” and with “ambitious” friends of the people? The very men who pray that “the celebration of this day may bury in oblivion all party animosity throughout the United States.” Isoprofession & rancour thence be the cement, which must unite together the two parties in this country? Is the republican party to sacrifice such men as Randolph and Nicholson as the first peace-offerings to both the offended genius of federalism? Could these toast-makers have laboured under so complete a delusion as to suppose that the republicans could zealously “unite” with men, who ridiculously eulogize Alexander Hamilton and querulously denounce the most intelligent and active friends of the administration; who are inconsistent enough to irritate “party animosity,” at the very moment when they professedly wish to bury it in oblivion?
They laboured under so complete a delusion as to suppose that the republicans could zealously “unite” with men, who ridiculously eulogize Alexander Hamilton and querulously denounce the most intelligent and active friends of the administration; who are inconsistent enough to irritate “party animosity,” at the very moment when they professedly wish to bury it in oblivion?
The Richmond Light Infantry, commanded by Capt. William Richardson, retired to Mr. Buchanan's spring where a dinner was provided for them—And The Richmond Republican Blues commanded by Capt. George W. Smith, retired to Mr. Moseley's Tavern.
On Thursday the 4th July, being the Anniversary of American Independence, a number of ladies & gentlemen of the county of Fluvanna, assembled at the Court-house, and after enjoying the benefit of a sumptuous dinner, a cool and delicious fide-board, furnished by Mr. Kendall Lee, the following toasts were drank, in celebration of the day. Doctor John Wills in the chair.
1. The day we celebrate—what American is there, who reflects on it, whose heart does not glow with pleasant sensations.
2. The Congress of these United States, a perpetuation of their promptitude for their constituents.
3. Tho: Jefferson, our beloved chief and president, a continuation of that improved administration which we have enjoyed and profited by the last four years.
4. Our new Vice-President, George Clinton, may his private and public deportment be, as we believe and hope, no Thorn, Bullet, or Burr in the flesh.
5. The memory of gen. George Washington, whose corporeal parts, altho' long since entombed, yet his consummate conduct and courage, public and private virtue, not only serves to embellish and adorn the present historians page, but will reflect resplendent lustre on the last lines written by the traditional world.
6. A friendly proposition to the town of Boston: we will cordially commune with it on the purest principles of democracy, so soon as it is fully dismantled of its Artillery.
7. John Nicholas, a late member of congress from Virginia, an excellent model for happy conception of thought in the general, a steady perseverance, and unwavering attention for the public welfare.
8. Israel, Wadsworth and Somers, may their intrepidity and valour, be imitated by every true American, but their fate be avoided.
9. John Page Esqr. our chief magistrate, who is remarkable for his steady and systematic deportment, as well as his patriotic energy and zeal.
10. William Wirt, a just and positive example of political, and literary merit.
11. The arts, and sciences of the U. States.
12. The agriculture, commerce and manufactures of the United States.
13. The American flag, may it be revered and respected by all nations.
14. Edward Livingston & James Monroe Esqrs. our late minister and envoy to France: too happy & successful instruments in public trust, confidence, and negotiation—for it is from experience we judge.
15. The member to congress from this district, Thomas M. Randolph, may the result of his services, be only equal to his attention, industry and competency to act.
16. Louisiana: an extensive, and important acquisition to the territory of the U. States: we would be happy in calling her our faithful, and confidential sister.
17. The memory of the departed heroes, who fell in achieving the American Revolution.
18. The fair daughters of Columbia.
Extra of a letter from a nervous writer at Williamsburg, dated July 4.
National festivals certainly have in them something grand, solemn and affecting. Man is by nature gregarious, social, communicative. Particular occasions, heighten his joys. In general, the citizens of America are too much influenced should counteract the effects of that solitary life which results from the absence of reciprocal wants, and tends to separate and detach from one another the children of the great national family. To produce this desirable reaction, what can be more efficacious than a periodical meeting of the people to celebrate the glorious day on which our country rose to the dignity of independence, and assumed her station among the powers of the earth. Our fourth of July is honorably distinguished from other solemnities practised in former or in present times. It is not one of those ceremonies which, in all ages and places, superstition took care to present to mankind in a venerable garb, in order to engage their respect, and to awe & enslave opinion by external pomp, and delusive pageantry. It is not the pantomime of a coronation, that most flagrant and revolting insult on common sense, and the rights of man. It is not a carousal, or some other gaudy and brilliant show, contrived to relieve the ennui, and gratify the vanity of a despot, but calculated to excite contempt in the mind of the philosopher, and indignation in the breast of the philanthropist. The actors and spectators are not here adulating courtiers, and debased sycophants, endeavouring to conceal under the mask of pleasure the latent weariness and disgust which prey on their hearts. We do not hear the loud and melancholy complaints of a whole people piercing through a voluptuous music intended to drown them. We do not trace in a gilded dome, or in a glittering canopy, the ruins of a thousand cottages crushed by the oppressive weight of taxes. It is not a spectacle resembling in any point of view a Roman triumph, that solemnity dictated by the demon of pride, war and conquest, and which humanity will ever deplore. It is not one of those revolutionary and absurd festivals, which the artful policy of Robespierre once preferred to growing France, and at which a terrified and half-starved multitude was obliged to dance and sing according to rule, whilst the tyrant himself, concealing his ferocious smiles by means of an enormous bouquet, marked his victims with a haggard eye, and anticipated in idea the moment when his ambitious hopes of exclusive dominion should be realized. No; it is nothing of all that; it is the feast of reason, and of the heart; the effusion of a pure, ardent, unaffacted joy! On such a day, every circumstance is great and interesting.—To receive its full impression, it is enough to be a man and a citizen. But, my friend, I need not expatiate on so pleasing a theme. Your own feelings, your own ideas will suffice. To you no suggestion could be new, no sentiment original. As a sincere and active votary of science, you will rather expect from me some account of juvenile orations delivered this morning at Williamsburg, a place which in the glow of patriotism and classical enthusiasm, I have more than once heard you call the Virginian Olympia. Five gentlemen have successively addressed a numerous concourse of their fellow-citizens after a pathetic, and appropriate prayer offered to heaven by Bishop Madison. The first, Mr. Goodwin of Dinwiddie, has in a very elegant and animated speech, celebrated the day; the heroic achievements and unparalleled wisdom that produced it; the blessings which independence has brought in its train, and the prospect of increasing felicity which it holds out to us and our posterity. Mr. Charles Smith has then,
by very forcible and very luminous argument, established the predominant influence of moral causes in determining the character and manners of nations; his philanthropy has opened before enlightened audience the brilliant perspective of that happy period when all the nations of the earth, triumphing over the obstacles which have hitherto retarded their moral and political improvement, shall be equally enlightened and free.—After him, Mr. Peter Smith has ably advocated the right of universal suffrage without regard to property. Mr. Hayes, of Richmond, has then examined “whether man, by entering into society, diminishes or increases the sum of his rights.” This interesting question has been treated by this young orator with depth of thought, and elegance of expression.—Finally Mr. Holt, in a speech equally commendable for perspicuity and strength, has proved that, in the United States, the most advantageous mode of employing capital is agriculture. To me his arguments have appeared extremely well arranged, and his conclusions undeniable.
You, my friend, who have nothing more at heart than the progress of literature and useful knowledge among us, would have been highly pleased to hear such brilliant specimens of juvenile oratory. The whole audience appeared to be equally gratified by the several speakers; sufficiently evinced the general satisfaction.—What a stimulus for youthful industry and diligence! What miracles we might operate by the aid of opinion! Why are we ignorant of our own resources! The attention of the legislature should be directed to this important subject of national education. The principal magistrates, nay, the governor himself, should by their presence concurate and vivify these literary combats. Books, medals, &c. should be distributed.—But this is a wide field which, in my present unavoidable hurry, I cannot explore. I conclude with a wish that our public councils may catch the flame which already glows in the breast of many of our citizens for the improvement of science, & the support of our neglected institutions.
Why are not these orations regularly published? Would not such a custom contribute to produce some of those effects which our respectable correspondent has described?
RUSSIAN TREATY.
The present face of the war in Europe defies all the calculations of the most sagacious statesman. Is there to be a war or peace, and if a war, will Russia join in a coalition against France, will the French execute their intended project of invasion; will the present ministry of England continue at their posts? And if there is to be a peace, will it be brought about by a change of the English ministry, by a fear of the force of France, or by the rumoured intercession of Russia and on what terms is the bane of precipitation to be laid? On all these and on similar questions we can offer no more than the rudest and most uncertain conjectures.
Our latest English papers announce the formation of a treaty of alliance offensive and defensive between Russia and England, from which they infer that the war is as it were in its commencement. Is not this treaty however a conditional one? Is it not expressly stipulated, that Russia is not to furnish her ally with troops and ships, until she knows whether France will accept of her mediation? In settling the terms of a pacification, has Russia no particular object of her own to attend to? Has she not already taken possession of Corfu and the Ionian Isles, by which she has now acquired a foothold in the Mediterranean, and from which she may the more easily make her long-meditated, and much-wished-for descent upon Turkey? Will Russia relinquish these new acquisitions and those splendid hopes in any treaty of peace? Will she give her sanction to any plan of pacification which does not sanction her claim to these islands? In mediating between France and England, will she not promote the interests of that power, which most strongly promotes her own? Is there not then the freest field laid open for exercising the diplomatic talents of Bonaparte? Bonaparte may consent to acknowledge the claims of Russia, if Russia will acquiesce in his usurpations in the north of Italy. The diplomatic skill of Bonaparte, may thus ultimately succeed, and the treaty of alliance between England and Russia, from which the political quidnuncs of England had predicted such an extensive series of consequences, may be reduced at length to an ineffective piece of parchment.
Let us however reverse this picture, and suppose, that France being jealous of the contiguous power of Russia, is unwilling that she should have a colony in the Ionian seas, while England is disposed to support her pretensions; let us then ask, of what extensive benefit is this treaty of alliance to be productive? The season is already advanced. The diplomatic skill of Bonaparte will spin it out still further. What time then will the Russians have to recruit and discipline their forces, and to prepare them for an effective service under the command of England? Where will be the point of attack, even when they are fit for service? When Suvarrow made his attack upon the north of Italy, he had Austria for an ally; but now Austria guards the frontiers of Italy and Russia prevents an impenetrable barrier towards the north of Germany. The Russians cannot yet have forgotten their defeat in Holland and the coats of France defy whilst they menace an hostile invasion. The idea of enlisting and subsidizing Sweden is still more ridiculous. So long as the possessors her part of Pomerania, the politics of her court must be extensively modified by the influence of Prussia. Let Sweden accede to the coalition against France and the court of Berlin connected by the strongest ties of friendship with that nation, will at once send an army into Pomerania and snatch it from her power.
NORFOLK, July 4.
A vessel of Mr. Penock, in 13 days from Guadeloupe, Capt. Tompkins, a man of veracity, arrived this morning and delivered Mr. Penock the following written intelligence: The French and Spanish fleets 23 sail of the line and 10 frigates, left Guadeloupe 6th June. They took on board 800 troops: about the 10th fell in with 13 merchant ships, 1 frigate and a loop of war from Antigua bound to England; captured the whole except the ships of war; which they sent off for Martinique under one frigate. On the 13th June 4 frigates retired to Guadeloupe and landed the 800 troops again and failed same day. On the 21st June under the lee of Antigua was boarded by the boat of the King Fisher before of war, which informed them, that 4 days before, had seen the F. and S. fleets steering to the N. E. that 2 days after fell in with Lord Nelson with 12 of the Line in pursuit; also that the King Fisher in Co. with a frigate had fallen in with the 13 prizes and the frigate to Windward of Antigua but before they could get up, the F. frigate for fire to the whole and made her escape. Nelson left Barbadoes the same day the French left Martinique; but supposing Trin-
dad was their object, he scoured in that direction.—At Grenada he learned their route, when he directly went in pursuit. Many conjectures were afloat at Guadeloupe as to the destination of the F. and Spanish fleet; some that they were bound to the E. Indies; others, that after reaching a certain latitude, would take & return; but the most probable object, was to draw the British off their guard and form a junction with the fleet at that port and make a push at England and Ireland; they did not expect Nelson would be able to follow so soon, however they were surprised of his being at Barbadoes before they left Martinique.
Though every prediction does not lead to its own accomplishment, as some visionary philosophers have supposed, it is certain that most prophets are anxious to see their own predictions verified by experience; some because it will confirm their vaunted pretensions to sagacity, and others because they have predicted what they were anxious to see accomplished. No sooner had the present administration contracted for the acquisition of Louisiana, than the federalists employed every possible expedient to defeat the measure. They declared that the government had no constitutional right to acquire new territory; forgetting that our resources would be increased by the duties at N. Orleans and the sale of the public land, they dwelt with an unnatural energy upon the increase of the public taxes or the increase of our debt. They then attempted to divert our mind from the numerous advantages of the acquisition, by carrying us into a mysterious futurity. Every federal writer became a prophet; and like the ravens of old, he boded nothing but misfortune and endless regret. Louisiana was to be afflicted by civil commotions; Spain would be soothed to be recovered by every expedient of intrigue or force, what he had reigned with so much reluctance.—In fact Louisiana was destined to become a never-failing source of external war, internal faction, and aggravated uneasiness to the people of the U. States.
It is then a matter of surprise, that such jealous politicians should seize with avidity on every passing occurrence, which would appear to countenance these predictions & should even fabricate reports, which were calculated to spread alarm among the people and to bring the government into disrepute? Or is it any matter of surprise that all these predictions are at last found to be nothing but the effusions of a gloomy and discontented imagination; “the madnes of prophecy without the inspiration?” With what pleasure did these gentlemen dote upon the prospect of discontent and insurrection, that seemed to them hanging over this country; when the plan of an independent legislature was agitated in New Orleans. With what delight did they expatiate upon the misrepented conduct of governor Claiborne; and the discontent which it had excited among the inhabitants? And to what other cause are we to ascribe the reports, which they are now circulating in the northern prints, and which the reader may recollect to have been in our left paper; that “measures had been taken to dispossess the Spaniards of the lands, between the Rio Perdido and the Mississippi and that officers had been sent to these different posts to execute these measures; and that a letter had been received from Baton Rouge, which says that an attack was expected to be made on the fort? Let these political quidnuncs reconcile, if they can, such a report to the peace-breathing spirit of the following communication. If the American government had in reality projected such an attack upon Baton Rouge, or any of the Spanish forts, would governor Claiborne have visited or would he have received such great civility from governor Grand Pre?
NEW-ORLEANS, June 1. Gov. Claiborne and suite, (whose departure on an excursion up the coast we announced on the 14th ult.) returned last evening in good health. Wherever his excellency halted, he was treated with all possible attention, and his fellow citizens seemed happy in having an opportunity of expressing their attachment to the government, by their attention to its chief. His excellency paid a morning's visit to Gov. Grand Pre, at Baton Rouge, where he was received with the greatest politeness, and every attention on paid him, by the governor and officers of the garrison. We are happy to learn that his excellency is highly pleased with his journey; as he found the people, every where, well disposed, hospitable and happy.
We are happy to hear, (and we receive it from the most respectable source) that our government have ordered one of the frigates at Washington, immediately to be equipped, and a detachment of marines to be embarked, to proceed off Charleston, to disperse the swarm of picaroes that infest that coast. Phil. Gaz.
THE friends of Mr. Maury, American Consul at Liverpool, are hereby informed, that the fine new American ship called the Jupiter, Samuel Hartly master, 340 tons burthen, is now lying with the Toba at Bermuda. He has good accommodations for passengers. For terms of freight or passage, apply to the subscriber in Richmond, or the Captain on board. OVERTON ANDERSON. Richmond, July 9.
FOR SALE, ON A CREDIT OF SIXTY DAYS. A likely young mulatto WOMAN with her first child—She has been accustomed to wait upon a lady.—She will not be sold to any person residing out of this neighbourhood. Enquire at this office. July 9. (34)
SPECTACLES FOR SALE. The subscriber, just from Philadelphia, has for sale an assortment of spectacles of all kinds made by himself, which will be disposed of on reasonable terms by the gross, dozen, or single. ISAAC MARTIN. He at present resides at Mr. Burgess's opposite Byrd's ware-house. July 9. (9:1)
STOPPED, on Wednesday last, a VIRGINIA BANK NOTE, presented for change by a negro man, his attempts to pass it below its nominal value, induced suspicion. The owner can obtain it by proving his property and paying expenses. GEO: C. CARTER. Manchester, July 9. ($1)
TO BE SOLD, To the highest bidder, on the premises, on the 1st Saturday in August next. So much of the LAND, whereon John Kelso lives, in the county of Cumberland, late the property of Peter Francisco, as will pay the balance claimed of him, by Samuel G. Adams, of G. 160, with its interest, by virtue of a deed of trust executed to me by the said Peter Francisco, for that purpose. CREED TAYLOR, Trustee. May 17. (optds)
From the badness of the day, the sale has been postponed, of the above property, until Saturday in August next when it will take place, if fair, if not, on the next fair July 9.

FROM THE AURORA. THE YAZOO SPECULATION.
CONTINUED. The second general head concerned the cause by which the country had been and is held. That head we have shown to comprehend three different subjects...
The country now called Mississippi territory was claimed to be possessed, by France and Spain, and Great Britain at various periods. By the 2d article of the treaty of Paris of the 8th September, 1763...
These lands partly occupied, and held, many of them only, in right of occupancy, at the period of the cession to the United States; the policy and liberality of the United States have never questioned the titles to them...
THESE several several classes are guaranteed by treaties with France and Spain, recognized by the United States. 4. Lands granted by the Spanish government under legitimate authority.
To perceive at once the operation of these various claims, one must take in view also the contemplative force of the law of nations—it is a fixed principle that nations cannot lose their inherent rights any more than individuals...
The principles laid down at a period coeval with the federal constitution, must be considered as the sense of the nation in the relations subsisting between the United States and the Indian tribes...
city of owner of the soil or as an independent people. Here then principles are fixed, by which we can determine the precise merit of any title, which may claim under them; or the insufficiency of any title which wants the legitimate sanction of the only powers or authorities competent to make grants of land in the national territory.
In a future number we shall show that the Yazoo speculators do not possess any legitimate or just title under the United States, as we have already shown they do not under the Indians, who alone hold the Dominion Forum where they have not by treaty especially with the United States (the only competent party) consented to the extinguishment of their title in favour of the United States.
The reader will perceive from the multitude, and the multifarious nature, of the claims, which are set up to the soil of the territory of Mississippi—that there must have been something specious, fraudulent or infamous in the pretended transfer of a territory so immense, with so many claims (or as it were mortgages) upon it, and under a pretence that the fee simple was vested in the fictitious grantees—the bribed and bribing speculators and voters in the legislature of Georgia.
(To be continued.)
ADVERTISEMENT. BY virtue of a deed of trust to us given from Col. Vincent Readman, will be sold at public sale on Monday the 20th day of July next, on the premises—All our right under said deed of trust in that TRACT OF LAND whereon said Readman resides, in Richmond county; upon which there is a good water-grist mill and a distillery, and upon which there are some prior incumbrances, with an hundred and fifty acres of land unincumbered; upon this part of said tract of land there are very fine improvements, with a good dwelling house, barn, stable, kitchen, dairy, smoke-house, a fine garden and a good orchard, together with an excellent store-house. The farm for trade is as good as any country place convenient to navigation, a large circle of wealthy neighbours, & without competition. The best of water and the most salubrious air bath blst the Col. and his large family with knowledge of sickness. There is in the whole tract six hundred and eighty-five acres, and an indefeasible right will be made a purchaser. The terms of payment will be made known on the day of sale.
WM. BRAGG, C. SHACKLEFORD, H. ASBURY, G. DAVIS, D. LAWSON, F. G. TIBBS. (Feb 26th July)
DOCTOR WILSON HAS removed his Apothecary Shop to the lower floor of the Bell Tavern, where he has a general supply of MEDICINES, PAINTS, & OTHER ARTICLES IN THE APOTHECARY LINE. He takes the liberty to observe, that he has not an article of medicine but such as he uses in his own practice. Physicians, merchants and others, who may be pleased to patronize him, shall be supplied on the most reduced terms. Parts of needy circumstances, by paying the retail prices of his medicines, will be preferred for gratis. May 21. (rff.)
NOTICE. THE subscribers having purchased from Christian Veltman the exclusive right of making, using and lending to others to be used, within the United States, his PATENT METALIC HONE, do hereby forewarn all persons from making or vending the said Patent Hone, without authority from them. They also beg leave to inform the public that they carry on the business under the firm of JEFFREY COBBS & Co. in the town of Warren, Albemarle county, Virginia, where orders would be thankfully received and faithfully executed upon the shortest notice. JOHN STAPLES, JEFFREY COBBS, DAVID COBBS. (lawst. 9)
IN HANOVER COUNTY COURT, April 29th, 1805. Austin Morris, Plaintiff. Against. John Crenshaw, Defendant. THIS day came the plaintiff by his counsel, and the defendant 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 country, on the motion of the plaintiff it is Decreed and Ordered, That the defendant do appear here on the first day of the next quarterly term, and answer the bill of the plaintiff; and that a copy of this order be forthwith published in some one of the newspapers printed in the city of Richmond, for two months successively, and that another copy be posted at the front door of the Court-house in this county. A Copy. Teste, THOS: POLLARD, D. C. H. P. May 28. (T2m)
TO BE SOLD, On liberal credit, and in lots to suit purchasers, FROM two hundred and fifty to three hundred acres of LAND, in the county of Henrico, about four miles from Richmond—a distance which renders it but little liable to pilage, yet sufficiently near to one of the best and most improving markets in the United States. The advantages of small farms near large towns, are so obvious and generally admitted, as not to require particular enumeration. Persons residing in the city with large families, and who are obliged to keep horses, would be able in one year to save more than the original purchase. For further particulars enquire of Mr. Thomas Norvell. May 14. (9a1f.)
LINSEED OIL. A Quantity of Dutch Boiled LINSEED OIL, For Sale by THOMAS WHITE. May 21. t8w
FOR SALE—BY THE SUBSCRIBER: LOCAT SUGAR, by the hhd. bbl. or single loaf, direct from Pennington's Manufactory, Philadelphia: SOAL and UPPER LEATHER, on moderate terms. Also, PRIME SPANISH HIDES. MICAH JAH DAVIS. (ctif) Gth mo. 11th, '05.
A TRACT OF LAND. JOHN GILMER, wishes to sell a tract of land, consisting of 350 acres, lying within half a mile of Charlottesville. Any person willing to purchase, may see the land, and know the terms by applying to him in that place. June 4. (1aw8w.)
POLITE ACCOMPLISHMENTS FOR YOUNG LADIES, AT WILLIAMSBURG. To those who are acquainted with the excellent society of Williamsburg, a recommendation of it as an eligible scene for the education of Young Ladies, is unnecessary. Mr. & Mrs. ANDERSON, who continue to receive some pupils into their family, have endeavoured to add to the advantages of the situation, by forming an establishment, intended to unite, under the same roof, the various branches of female instruction and improvement. Parents, who feel interested on this subject, are invited to enquire into the merit of their institution. Letters addressed to Mr. L. Anderson, Post-Master, Williamsburg, will be duly attended to. June 18. (Tif)
HANDSOME PROPERTY FOR SALE. THE subscriber offers for sale his BRICK HOUSE, on Shockoe-hill, in which he resides at present, containing five large rooms, an airy passage ten by thirty seven feet, two rooms in the garret, two closets and three rooms in the cellar, with requisite out-buildings. The house is finished in a neat and handsome style, several of the rooms the walls of which are painted and stuccoed. Attached to the house are two valuable half acre LOTS, (town measure) either or both of which may be had therewith. Virginia Bank Stock, or State Military Certificates will be received in payment for the whole, or one third cash in hand and a credit of one and two years for the residue. For further particulars, apply to the subscriber on the premises. SPOTSWOOD LIPSCOMB. June 18. (T4w)
NOTICE. THE co-partnership of ROBERT GAMBLE & SONS, will be dissolved by mutual consent, on Saturday, the 11th instant. All persons indebted to the said firm, are earnestly entreated to make immediate payment to either of the subscribers. A compliance with this request will prevent the painful necessity of resorting to coercive measures. The books will be placed in the possession of Messrs. John and Robert Gamble jun. who are authorised to settle all accounts due by, or to the concern. RO. GAMBLE. JOHN G. GAMBLE. RO. GAMBLE, jr. Richmond, May 6th, 1805.
The subscribers take this method of informing their friends and the public, that they intend carrying on the mercantile business, under the firm of JOHN & ROBERT GAMBLE JUN. They are now receiving by the ship Rolla, a choice selection of LONDON GOODS, and daily expect from Liverpool, a general assortment of HARDWARE, &c. suitable for the season—which will be sold by the piece, package or dozen, on the most moderate terms, for cash, merchandise country produce, or the usual credit to substantial and punctilious customers. They also possess large and convenient Brick warehouses covered with slate, for receiving and storing Flour, Tobacco &c. Those gentlemen who favour them with consignments, will find their charges reasonable, and may rely on their best exertions to afford satisfaction. The highest rates given for Bees-Wax, good Bear, Deer, and Otter Skins, and other shipping Furs. JOHN G. GAMBLE. ROBERT GAMBLE, jr.
The subscriber (Robert Gamble, sen.) avails himself of this opportunity to thank his numerous friends for the very large share of patronage he has received in the Mercantile line—and hereby tenders to the public his future services as a Commission Merchant. He flatters himself, his long experience (with other circumstances unnecessary here to mention) entitles him to the confidence of those who may have business of that nature to transact in this city—assuring such of his best exertions to merit approbation. Those who yet remain indebted to the late firms of Gamble and Gratton, of Staunton, of Gamble & Temple, Robert Gamble & Co. and Robert Gamble of the city of Richmond, are once more earnestly requested to make immediate payment of their respective balances. Such as continue regardless of this last notice cannot expect longer indulgence. RO. GAMBLE. Richmond, May 10, 1805. ep8w oawf.
JUST RECEIVED, AND FOR SALE BY THE SUBSCRIBER. FOUR hundred pieces House Paper, Philadelphia Beer by the barrel, a small quantity of first quality New-England Cheese; also 400 barrels Corn. EDWARD HALLAM. ALSO—5000 wt. Salt. Petre'd BACON; and a constant supply of FRESH CORN MEAL. June 18. (ep)
FOR SALE, THE TRACT OF LAND on which Goshfield court-house is situated. THE subscribers, being desirous of making a division of their lands, will dispose of the above on advantageous terms to the purchaser, for cash or on credit. This tract contains 1424 acres; an excellent grist-mill; good and convenient buildings, that are insured in the Mutual Assurance Company of this state against fire; the situation inferior to none in this state for the man of public business, or the planter. Many other advantages, singularly inviting, might be particularized, but we deem it unnecessary to say more, than to invite those who wish to purchase, to come and view the premises. V. WINFREE, Jun. Wm. WINFREE. Chesterfield, June 25, 1805. (ep84.)
MOUNT SION FOR SALE. THE subscriber offers for sale, his Plantation in Northumberland county, known by the name of MOUNT SION. The above tract contains about 500 acres, all of which is equal to any land in that part of the country for fertility of soil, and has every requisite to make it a desirable situation for a genteeled family. There is on the land an excellent brick dwelling house, with every convenient out house; it is situated on the navigable waters of the Potomac, and commands an elegant view of the river; it is very convenient to ffs, oysters, &c. and is within one day's sail of Alexandria, Norfolk, and Baltimore. Terms of the sale will be made known by application to Mr. Henry Ball, who resides on the land, or to the subscriber. JEKYLL JONES. May 3. epf.
VALUABLE PROPERTY FOR SALE. Will be Sold, to the highest bidder, on the premises, on Friday the 12th of July next: THE TENEMENT formerly occupied by James Harris, belonging to the James River Company; containing one acre of Land, with a Dwelling House thereon, which, with a small expense, may be made to accommodate a family comfortably. The Tenement borders on the Canal, and has the advantage of an excellent spring of water, and affords a prospect not surpassed by any in the neighbourhood of this city. A credit of twelve months will be allowed the purchaser, on giving bond with approved security. By order of the President and Directors, ROBERT POLLARD. June 21. (tds)
ELLIS & ALLAN Have received by the Bells from London, part of their SPRING GOODS, amongst which are the following articles: LONDON Superfine Cloths and Cashmeres, Quiltings and Dimities, Handsome fashionable worked & laced Muffins, 3-4, 8-4 and 10-4 Diapers, 8-4, 8-10 and 10-16 Damask Table Cloths, Gentlemen's white and brown Cotton Stockings, Ladies' elegant laced white do. Do. Tortoise-shell bent and braid Gombs, Chintzes, Callicoes and Furniture, Gentlemen's black fashionable Hats, Do. drab beaver do. Do. do. patent silk do. Umbrellas, Boy's Morocco Caps, plain and furr'd, Belt Hemp Belts, English White Lead, Spanish Brown, Yellow Ocre, ground in oil, and Verdigrise, Prussian and Fig Blue, Best Boiled Oil in jars, Durham Mustard, &c. &c. Which, added to their present stock, and those expected (daily) from Liverpool, will render their assortment general. May 7. (eptf)
THE COMMISSIONERS. BY virtue of a decree of the superior court of chancery for the Richmond district, will be sold at Hanover court-house, on Wednesday the 24th day of July next, (being Hanover court day) to the highest bidder for ready money, a tract of LAND belonging to the estate of Richard Littlepage, dec'd. being the land he purchased of Henry and Elizabeth Watkins, and the same on which he resided at the time of his death, containing by estimation four hundred and sixty four acres on Mechum's creek, subject to the dower of Mrs. Nancy Burras, to satisfy a debt due Col. Christopher Tompkins. It is stated that there is a good mill seat on the land. THE COMMISSIONERS. (ep61.) Hanover, June 28.
JUST PUBLISHED—AND FOR SALE AT RITCHIE & WORSLEY'S BOOK-STORE: THE DEBATES AND OTHER PROCEEDINGS OF THE VIRGINIA CONVENTION. The Publishers will thank those subscribers, who can make it convenient, to call or send for their books. [June 18.]
ON Saturday the 2d day of August next, will be sold to the highest bidder at public auction for ready money, at Zachariah Brooks's Tavern, in the town of Manchester, a likely negro BOY, about 19 years old, by the name of Harry, conveyed to me in trust by Thomas Branch, of the county of Chesterfield, to secure the payment of a debt due to Lyle and McCredie, and the expense necessary to carry the trust into execution. RICHARD B. GOODE. July 2. ep4w.
WILL BE SOLD at public auction to the highest bidder for ready money, at Zachariah Brooks's Tavern, in the town of Manchester, on Saturday the 3d day of August next, by virtue of a deed of trust, executed to the subscriber by Richardson Harris, late of the county of Chesterfield, to secure the payment of a debt due to Lyle and McCredie, and the expense necessary incurred; five negroes, viz: Sally, Kijus, Charles, Phillis and Anaky, or so many thereof as will be sufficient to satisfy the debt, interest and cost. RICHARD B. GOODE. July 2. ep4w.
TO RENT, THE HOUSE lately occupied by Thomas Gilliat, and immediate possession given; apply to GILLIAT & KIRBY. July 2. (if)
VIRGINIA. In the Superior Court of Chancery held in Richmond, Between Thomas Price and John Sandidge, Plaintiffs, And Alexander Outlaw, Senior, and Alexander Outlaw, Junior, Defendants. ON motion of the defendant, Alexander Outlaw, Junior, by counsel, this cause is ordered to be re-docketed; thereupon the said defendant filed his answer, to which the plaintiffs replied generally, and commissions are awarded the plaintiffs and the said defendant, to examine and take the depositions of their witnesses; and on the further motion of the said defendant, the court referreth the accounts, between him and the plaintiffs in this suit, to one of its commissioners, to be by him examined, stated, settled, and to the court reported with any special matters thought pertinent by himself, or required by the parties to be specially stated. A Copy. Teste, PETER T. NSLEY, C. C. Richmond, 12th May, 1805.
THE parties will take Notice, that I have appointed the twenty-ninth day of July next, to commence the account directed by the annexed decretal Order of the Court—on which day they are requested to attend at my office in this city, with the accounts & vouchers prepared, and ready for examination and settlement—and with copies of the court papers. SAMUEL GREENHOW, M. C. May 21. ff
VALUABLE PROPERTY. The subscriber desires to dispose of his business in this place as soon as possible, is induced to offer for sale, the following valuable property, viz: A CONVENIENT two story dwelling house, 24 feet square, having one room and a passage on the lower floor, two rooms on the second floor, and two good rooms in the garret, a cellar with plank floor, and divided into three apartments, one used for cooking; the yard included with a brick wall seven feet high, the whole in good repair. This tenement is situated near the Fair-Tavern, on the cross street leading to the Rock-landings, and is insured in the Mutual Insurance company, against fire in the state of Virginia, and the premiums paid. Eleven unimproved half acre Lots, on Shockoe-Hill. 600 acres Military land in Kanawha county, on the waters of Oldtown creek, a branch of Ohio river, being a grant made to George Mufe, Adam Stevens, Andrew Lewis and others, in the year 1772. 25 tracts of Land in Montgomery county, containing 52,172 3/4 acres, the whole patented in my name, viz: 4000 acres surveyed 5d April, 1786 in Montgomery county, on Cole river. 2500 acres surveyed 24th July, 1776 in same county, on 15 mile creek, adjoining the late General Washington's survey on Kanawha river. 3362 1/2 acres surveyed 23d July, 1786, in same county, on Loop waters, waters of New river. 1000 acres surveyed 13th May, 1786 in same county, on the Ohio river. 3210 acres surveyed 24th April, 1786 in same county, south of a creek running into Cole river. 2188 acres surveyed 21st February, 1787 in same county, on Cole river. 220 acres surveyed 24th February, 1787 in same county, on the waters of Cooper's creek and Little Blue stone. 1500 acres surveyed 16th Feb. 1787 in same county, on the head waters of the fourth fork of Cole river, that heads against Guyandott. 95 acres surveyed 10th Feb. 1787 in same county, on a branch emptying into Glade creek on the fourth fork of the same, and about one mile above the mouth of said creek. 500 acres surveyed 10th Feb. 1787 in same county, on the north fork of Mud river, that heads against Guyandott. 1500 acres surveyed 12th May, 1786 in same county, on Ohio river. 5000 acres surveyed 24th May, 1786 in same county, on the great Kanawha. 1000 acres surveyed 16th May, 1786 in same county and on ditto. 268 acres surveyed 8th Feb. 1787 in same county, on the head of Glade creek. 214 acres surveyed 7th Feb. 1787 in same county, on the waters of Glade creek, on the south side thereof. 135 acres surveyed 6th Feb. 1787 in same county, on the west end of Joe's ridge, and on the waters of Glade creek. 154 acres surveyed 6th Feb. 1787 in same county on Joe's ridge. 248 acres surveyed 6th Feb. 1787 in same county, on Joe's ridge, and the waters of Glade and Cooper's creek. 414 acres surveyed 22d Feb. 1787 in same county, on the second fork of Cole River, on the road crossing from Piney river to Guyandott. 2000 acres surveyed 26th Feb. 1787 in same county, under the big pipe stem knob, and running down both sides of the creek. 416 acres surveyed 4th Feb. 1787 in same county, on the waters of Coopers creek, and Joe's ridge. 380 acres surveyed 3d Feb. 1787 in same county, on the head waters of Coopers creek. 3388 acres surveyed 20th Feb. 1787 in same county, on the fourth fork of Cole river. 1345 acres surveyed 5d Feb. 1787 in same county, on the head waters of little blue stone, about half a mile north from the White Oak creek. Three tracts of land in Monongalia county, patented in my name, viz: 350 acres by survey 12th June, 1796 in Monongalia county, adjoining Matthew Richey's land, and the Randolph county line, on waters of Cheat river. 400 acres surveyed 20th October, 1797 in same county, adjoining lands of Abner Harper, above the mouth of White Day creek. 400 Acres surveyed 15th Nov. 1797 in same county, adjoining Peter Drago, on Finch's run, to include an improvement made in the year 1772. 1000 acres in same county, on the west of Cheat river, above the lands of Thos. Butler. 800 acres in same county, on Buffalo creek, on a pre-emption right of David Gray. 250 acres in Greenbrier county, on Little Deer creek, adjoining lands of Joseph McClung. 891 acres in Montgomery county, surveyed 1st August, 1787, on the waters of Piney river & Paint creek, waters of Kanawha river. 425 acres in Montgomery county, surveyed 20th June 1786, joining the lands of Joseph Eaton, Richard Mufe, and James McCordle. 220 acres in Wythe county, surveyed 4th Nov. 1795, on the Led Mine Mill creek. 180 acres in Albemarle county, patent dated 5th July, 1787, on William Hill creek, waters of Duck Island creek. One undivided moiety of five lots, in the town of Winchester, No's. 90, 99, 100, 101, and 109. The above will be sold very low, and the terms made known on application to WM. AUSTIN. Richmond, April 9. (tf)
EDUCATION. JOHN WOOD, owing to an arrangement, which has been made in the duties of the office which he holds, as Mathematical Surveyor for the city of Richmond, is enabled to devote a portion of the day, for the tuition of youth; and therefore purposes on Monday next, to open a select School limited to twenty students on the following plan and terms: The Branches intended to be taught, are the English Grammar, the Philosophy of Rhetoric; the Latin and Greek languages; Arithmetic and Geography; with the several parts of the Mathematics, viz: Geometry both Theoretic and Practical; Algebra, Fluxions, as likewise those parts of natural Philosophy which depend on a knowledge of the Mathematics. The Hours of attendance will be from ten to twelve in the forenoon and from three to five in the afternoon, Saturday excepted, and the terms ten Dollars per quarter. Young men, whose pursuits in life require a knowledge of Surveying or Navigation, may have an excellent opportunity of acquiring the practice of these sciences, from the frequent duties John Wood has to perform as public surveyor. N. B. Those citizens of Richmond, who with their lots surveyed, will be so obliging as to give notice the preceding day, and their demands will be immediately attended to, on the succeeding morning or evening. As several have appeared ignorant of the establishment, John Wood takes this opportunity of informing them, that a survey of any square, lot, or piece of ground, however small, is five dollars, independent of the expense for chain carriers whom the employer may if he please provide—and running a dividing line three dollars. Some applications have been made, for ascertaining only one corner of a lot, under an idea that the expense would be less; but as this cannot be done, without finding first the two lines of the street and the interfecting point, the fees are to be the same as for a survey. Shockoe-Hill, July 2.
History of the CIVIL WAR IN IRELAND; containing an impartial account of the proceedings of the Irish Revolution, from the year 1792, until the suppression of the intended Revolution. To which is prefixed, a Geographical and Historical account of Ireland. By the Rev. JAMES GORDON. With copious Additions and Corrections from various authors upon this subject; particularly prepared for the first American Edition. June 4.
Printing, IN ALL ITS VARIETY, EXECUTED AT THE OFFICE of the ENQUIRER.