Virginia Argus (Richmond, Va.), 1798-11-27 00:00:00

The VIRGINIA ARGUS.
No. 63 of Vol. VI.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[WHOLE No. 384]
RICHMOND:—PRINTED (ON TUESDAYS AND FRIDAYS) BY SAMUEL PLEASANTS, JUN. NEAR THE VENDUE OFFICE OF M. VANDERHALL.
(FOUR DOLLARS PER ANNUM.)
TUESDAY, NOVEMBER 27, 1798.
(TEN CENTS SI. GLE.)
BOOT & SHOE MANUFACTORY from PHILADELPHIA.
John McBride
INFORMS the Public in general and his Friends and Customers in particular, that he continues to carry on the above business, at John Taylor's Copper-Smith Shop, nearly opposite the Free School, from which he has received the great encouragement he has received will be enabled to render more satisfaction to his customers, and those who will please to favor him with their custom. He has on hand a large and complete assortment of the best Philadelphia materials, such as BOOT-LEGS, CALF SKINS, TOP ditto and SOLE-LEATHER. Also, has received by the ship IRIS, from London, the best English BOOT-LEGS and TOPS, VAMPS and COUNTERS, BEND-SOLES and TOP-PIECES, with the newest Philadelphia and London fashions. N. B. Wanted TEN or TWELVE GOOD JOURNEYMEN who will receive encouragement at the above business. Richmond, November 24th, 1798.
Ten Dollars Reward.
Runaway from this place, on the 26th of June last a NEGRO WOMAN named
SALLEY,
And two Children named DAVID and J. SEPH. SALLEY is a very likely woman, rather above the common size, of a yellowish complexion, with a bushy head of hair, which she combs up before, about twenty-five years of age. Her child DAVID, is about four or five years old, and J. SEPH about twelve or eighteen months old. She was seen a few days after her elopement near the Quaker meeting-house, in this neighbourhood, where she is probably concealed among some free negroes. If she has left this neighbourhood, it is more than probable that she has been conveyed in a boat to Richmond, where she has several acquaintances. I bought them in June last of Mr. Morgan Thompson, of Gloucester county. The above reward will be given for delivering them to William Mitchell, in Henrico county, or Five Dollars for securing them in some jail, or giving such information that I get them again. THOMAS MITCHELL. Lynchburg, August 1, 1798. (13w)
By Virtue of a Deed of Trust executed to us by GEORGE MAYO, of Chesterfield county, to secure the payment of sundry monies due by the said Mayo, and for which William Smith, of the said county stands as security, as expressed in the said Trust Deed;
WILL BE SOLD, ON the premises, to the highest bidder, for ready money, on Friday the 21st day of December next, an undivided moiety of that VALUABLE
Merchant & Gift MILL , at and adjoining the town of Manchester, at present in the occupancy of Messrs Andrew Nicholson & Co. with all and severally the appurtenances thereunto belonging, as conveyed to us by the above deed of trust. It will be understood by the purchaser that we acting merely as trustees, mean to convey no other right or title, but those conveyed to us in the above recited deed, which deed will be shown to all those disposed to purchase, previous to and at the day of sale, on application to either of the subscribers. BERNARD MARKHAM, JAMES SCOTT, } Trustees. Chesterfield County. Nov. 14th, 1798. (1 d d s)
FOR SALE, Two valuable Mulatto Male SERVANTS, One of them has been brought up to waiting in a house, and is acquainted with his business—the other is also a house servant, and is besides, a very good driver. —ALSO— A middle aged Negro Fellow. The above Negroes having wives in Richmond, and being therefore unwilling to remove to the country with their present owner, they are sold to accommodate them, and not on account of any objections to their conduct.—For terms apply to PROSSER & MONCURE. Oct. 19, 1798. (1f)
LEATHER FOR SALE.
The subscriber has a few Bundles of excellent Northward Sole-Leather for sale, either by the bundle or smaller quantity. ALSO—Most kinds of other LEATHER at his Currying Shop, opposite Richard Bowler's tavern. James Lowndes. Richmond, 1st 10th mo. 1798.
Just Published, By SAMUEL PLEASANTS, Jun. and for Sale at his Printing-Office, Richmond, for The Virginia Almanack For the Year 1799.
The ASTRONOMICAL part by ISAAC BRIGGS
Containing— The rising, setting, places and eclipses of the sun and moon; the phases of the moon; the ascending and descending nodes, latitude and longitude of the moon; the places & aspects of the planets (including the lately discovered planet, Georgian) the rising, setting, and longitude of the planets, and the most conspicuous fixed stars; conjunctions of the planets, with fixed stars; the equation of time true within half a second, for the noon of every day in the year. Also— Superior and county courts in Virginia. Public officers of the state. Members of the Senate and House of Delegates. Table of Stamp Duties. Roads, from Richmond to Portsmouth Virginia; from Richmond to Portsmouth New Hampshire, from Richmond to the Sweet Springs—and from Richmond to Savannah, Georgia.
Buchanan, Danbury & Co. PETERSBURG, Dunlop, Pollok & Co. MANCHESTER, Robert Pollok & Co. RICHMOND, Have Received, BY LATE ARRIVALS FROM LIVERPOOL AND LONDON, A Complete and Handsome Assortment of FALL GOODS: Suited to the present and approaching Season, which they offer for sale on MODERATE terms, by wholesale or retail.
Robert Pollok & Co. HAVE ON HAND A few Pipes choice Old London Particular Madeira WINE. November 1798. (2w)
FOR SALE, The Houses and Lots, In the City of Richmond, formerly the property of Messrs Wm. & George Richardson. A long credit may be had for two-thirds of the purchase, if required. —Apply to JOHN FOSTER. Richmond, Nov. 7th, 1798. (2w)
FOR SALE, A tract of Land, CONTAINING between eight and nine hundred acres, lying on James river and adjoining the town of Manchester. A bout one hundred and fifty acres of this land is cleared and under good fences, the balance in wood and well timbered—the building are new, and fit for the reception of a fine genteel family. Any one inclined to purchase, on application will be shown the premises by either Messrs. Oswald Smith or M. James Scott, who are empowered in my absence to contract for the same and make title. Approved Bonds will be received in payment, and possession made agreeable to the purchaser. WILLIAM SMITH. Chesterfield county, October 16, 1798.
J. Prosser & Wm. Moncure, Have connected themselves, to transact business in the Auction and Commission line, under the firm of Prosser & Moncure in the house lately occupied by Messrs. Hicks, CAMPBELL and CURRAT; at which place Goods will be thankfully received, and advances of cash made if required. Any business intrusted to their management will be faithfully attended to and the utmost punctuality observed. JOHN PROSSER, WILLIAM MONCURE. Richmond, 14th June, 1798.
Negroes for Sale. ON Thursday the Thirteenth day of December next, will be exposed to sale in the town of Lynchburg, between Fifty and Sixty extremely Likely and Valuable VIRGINIA BORN SLAVES.
The terms are 12 months credit on giving bond with approved security bearing interest from the date, which will be remitted on those bonds which are punctually paid. Those who wish to give Cash for the whole or any part of the purchase money, will meet with a liberal discount. JOHN RANDOLPH, Jr. Nov. 15th, 1798. (M d s)
THE SUBSCRIBER Has for SALE, at his Nursery, in Caroline County, near Oxford, A Large Quantity of Grafted Apple Trees, Of the following kinds, viz. Winter Clarke Pearnains, Winter Cheeses, Greenings, Rolls Genettes, Hughes's Crabs, Hope's Crabs, the large Crab, May Apple, June ditto, Horse Pasture ditto, and sundry others. Nursery price 6 pence—Any person that will take three hundred Trees may have them delivered within 30 miles of the Nursery at 8 pence. PLEASANT TERRELL. 10th mo. 12th, 1798. 2w
Coopers Wanted. The subscriber wishes to Hire, for the ensuing year, SIX OR EIGHT NEGRO COOPERS, For whom he will give a good price AND FOUR OR FIVE Journeyman Coopers, (that are good Workmen) Will meet with constant employ and good wages, by the piece or month, by applying at his shop on the cross street near the Mason's Hall. MR. HAEL GRANTLAND November 12, 1798.
Thirty Dollars Reward. RAN-AWAY from the subscriber on the evening of November, instant, a Likely Negro Fellow named
JEFFREY, Twenty-five or twenty-six years of age, not of a very dark complexion, has a pleasant countenance when in conversation, dressed in old clothes, has a striped swansdown waistcoat—He took with him a blanket and a set of shoemaker's tools, and is a rough shoemaker and carpenter. I purchased him lately of a Mr. Williams of Accomac county. He came by water to Richmond, and I expect he will endeavour to get on board of some vessel to return there. I will give the above reward if apprehended over the bay and TEN DOLLARS if on this side and secured in any jail so that I get him again. WILLIAM WARDLAW. Charlottesville, Nov. 12th, 1798. N. B. All masters of vessels and others are forewarned carrying him out of this place at their peril. W. W.
WANTED TO HIRE, A WOMAN who understands Cooking, Washing, &c. and can come well recommended for honesty, industry and sobriety.—Enquire of the Printer. November 3.
The Subscriber Intending to remove into the country, offers for SALE his House and Lots
IN THE CITY, City of Richmond, 20th July, 1798. J. PENDLETON. Journals, Day-books and Ledgers, May be had at S. Pleasants' Printing-Office. Bills of Exchange, (An approved form, 4 to a set) To be had at S. Pleasants' Printing-Office.
LEATHER Wholesale and Retail. BENJAMIN TATE,
Tanner, Currier & Leather Cutter, INFORMS the Public in general and his Friends and Customers in particular, that he continues to carry on the TANNING, CURRYING & LEATHER CUTTING BUSINESS; has ready for SALE at his CURRYING SHOP and LEATHER STORE near the bridge, A large and general Assortment of
LEATHER, OF THE BEST QUALITY, CONSISTING OF Slaughter and Spanish Hide, Seal, Skating, Harnets, Bottle, Bag and Belt-w Hides; Rufflette and Waxed, Upper & Kips; Waxed, Buck Grain & Bear Calf-skins; Hog, Sheep and Lamb Skins; Calf, Kip and Cow-skin Boot Legs and Half Legs; Vamps, Counters and Soles.—Also Sheep, & Lamb's Wool, neat Linen Oil and Lampblack; which he offers for Sale on reasonable terms, or ready money, Raw Hides or good Oak bark. Richmond, Nov. 3, 1798. (5w)
CASH SALES, at Dover. BY Virtue of a Deed of Conveyance from Robert Morris, of Philadelphia, to James M. Marshall, bearing date the 17th of Nov. 1797, WILL BE SOLD, At Dover, in Goochland county, on Monday, the 17th of December next, if fair, if not the next fair day, at Public Auction, for READY MONEY, about
THIRTY NEGROES, and the remaining Stock of Horses, Cattle and Hogs, Among the Negroes are Twenty Men and Boys who are very valuable for their peculiar knowledge in Farming and taking care of Cattle. Two of them are complete Distillers, one of them a single man, the other has a wife and one child, who will be sold together. BENJAMIN HARRISON, Jr. acting for JAMES M. MARSHALL. Richmond, Nov. 3, 1798. N. B. At the same time and place, the whole of the LANDS belonging to that estate, will be rented for the ensuing year (if fair) before rented by private contract. The terms will be made known on the day, and bond with security required for the payment of the rent. Great preparations are made and making for the ensuing crop, so that it will be well worth the attention of those who have hands, &c. to work such an estate. For the proprietor, BENJ. HARRISON, Jun. (1 d s)
FOR SALE, In pursuance of the last Will and Testament of the late WILLIAM ANDERSON, Esquire, of London, the following
Tracts of Land, viz. One Tract of Land situated on the branches of the Bird creek in the county of Goochland, an formerly the property of Colonel Thomas Maffie, containing about 2,263 acres. One Tract of Land situated in the Parish of St. Martin, and county of Hanover, and formerly the property of the late Mr. David Anderson, containing about 828 acres. One Tract of Land situated near Mr. Christopher Smith's in Louisa county, and formerly the property of Mr. Robert Harris, containing about 353 acres. And one Tract of Land situated on the branches of Buck-matian creek near Mr. James Buxley's in the county of Albemarle, containing about 100 acres. It is the wish of the deceased to give a further interest in any of the above tracts of land, as those who intend to purchase will no doubt view them; a certain time will allow to be allowed for paying, if it is required on the part of the Purchaser.—For further information or for concluding a bargain apply to
GEORGE SYME, Attorney in fact for the Execr's. Richmond, 1st Nov. 1798. } opposite the P. Office. (1f)
Marshall & Syme, OPPOSITE THE POST OFFICE, RICHMOND, HAVE FOR WHOLESALE, A General Assortment of MANUFACTURES, For which Country Produce or Approved Notes will be taken.
IMPORTANT. Confirmation of the Defeat of the French.
BOSTON, November 12.
Yesterday afternoon, the armed ship Foxwell, captain Stevens, arrived in 37 days from Bristol, with London papers of October 1. By the politeness of the captain, we were immediately favored with a file of the Courier, (an anti-ministerial print) which, to every person in the least acquainted with the politics of that paper, must afford the amplest corroboration of Nelson's victory. We particularly refer our readers to the hand-bill posted at Lloyd's Coffee House—which places the account in the strongest point of credibility. The defeat of Buonaparte by the Arabs, between Rosetta and Grand Cairo, completes the frustration of that arch-buccaneer's scheme to subjugate the East. Another important branch of intelligence, received by this arrival, is, the article from Constantinople, which confirms the former account, that a coalition is actually forming between the Porte, Russia and England, against the arms and intrigues of France.
LONDON, October 1. The Hamburg mail which became due on Wednesday last, arrived this morning, and brought a corroboration of the defeat of the French fleet by admiral Nelson. Some particulars of the engagement are contained in letters from Constantinople and Vienna.—Dispatches have also been received at the admiralty, which states admiral Bruay's fleet to have been almost completely destroyed.
COURIER OFFICE, October 1.
POSTSCRIPT.
The dispatches received at the admiralty are from Sir M. Eden, at Vienna, which confirm the very important intelligence of the victory obtained by Sir Horatio Nelson over the French fleet near Alexandria. Report states, that all the French ships, except two, which escaped to Messina, were either taken or destroyed.
Dispatches are also said to have been received from Sir William Hamilton, which state, that the Marine cutter had arrived at Naples with an account of Admiral Nelson having burnt two French ships of the line, and captured seven, with all their transports.
SECOND EDITION.
We stop the press to insert the following copy of a letter posted up at Lloyd's: In dispatches received from Sir Morton Eden, at Vienna, dated the 15th of Sept. he mentions having received an official communication from the Neapolitan Charge d'Affaires, that the Marine cutter had arrived from Admiral Nelson's fleet, on the 2d, at Naples, the captain of which declared that the whole of the French line of battle ships, were taken, burnt, or destroyed, except two."
HAMBURGH MAIL.
CONSTANTINOPLE, Aug. 22.
Last night the Turkish ministry received important dispatches from the Pacha of Rhodes. They bring advice that several French frigates had arrived at that island, which had been seized by the Pacha, according to the orders lately received from the Grand Signior. The Pacha has likewise transmitted the following intelligence.
The English admiral, Nelson, having appeared unexpectedly before the harbour of Alexandria, found there the French fleet, and immediately attacked it. The French admiral's ship, on board of which Buonaparte had been, took fire, and was entirely consumed. The French frigates, which escaped into the open sea, were not aware that the Porte was inimically disposed towards France, and that hostilities had already commenced; they therefore came to anchor in the harbour of Rhodes, and were immediately confiscated. From the captains of these frigates, the Pacha of Rhodes had received the account of the destruction of the French fleet, and the principal circumstances of that event. The Porte immediately communicated this intelligence, by their interpreters, to the foreign ministers. This day the English minister, Sir Spencer Smith, received the confirmation of this account.
With respect to the army of Buonaparte we have received the following intelligence:—It had for some time maintained a position between Cairo and Rosetta; but suddenly retreated to Damietta. In the vicinity of this town the French were attacked by 20,000 Arabs, the greater part cavalry under the command of Mulapha Bey, and two other Beys. An obstinate battle ensued, and the Arabs say, in their account, transmitted to the Pacha of Damietta, that they forced the enemy to retire with considerable loss, and that the French afterwards made a stand a

ten leagues from Damietta. These accounts do not say why Buonaparte's army, instead of advancing against the residence of the Bays, should have retreated to Rosetta; but this is ascribed partly to the numerous cavalry that covered the city of Cairo, partly to the inundation of the Nile, which at this time is at the highest, and partly to the difficulty which the French found in obtaining provisions where so many of the roads were laid under water.
The Porte has taken great offence at the invasion of Egypt by the French, and regards it as an act of open hostility. It considers the project of Buonaparte as very degrading to its dignity, injurious to its government, and contrary both to the claims it has to Egypt, and the relations which long existed between it and the Bays, who govern Egypt in its name. The French charge d'affaires, citizen Ruffin, and all those in employment under him, have in consequence, been put under arrest, and confined to their houses. The French residents here have been forbidden to wear the national cockade in the streets and public places. They had, indeed, before laid aside the cockade, from fear of being ill-treated by the populace, who are violently inclined against the French. The French charge d'affaires, in consequence of an intimation from the Porte, has likewise been obliged to take down the insignia of the French republic, which he had put over the door of his hotel. Similar orders have been sent to all the towns in which French consuls or vice-consuls reside, as the Porte fears attempts at revolutionary movements. Particular orders have likewise been sent to Jaffa and Bucharest relative to the French consuls there, as the Porte believes a suspicious correspondence is carried on with some of the Polish malcontents.
Councils of state and conferences between the Turkish and foreign ministers, especially those of England and Russia, who have now great influence, are held almost daily. The Austrian minister has not yet been invited to these conferences. It is certain that a grand project of alliance is now in agitation.
VIENNA, September 12.
Official accounts from Constantinople, which were yesterday brought by couriers to the English and Russian envoys in this city, bring advice that Admiral Nelson had attacked the French fleet before Alexandria, and partly burned and sunk almost the whole of it. Some ships which made their escape, fell into the hands of the Turks, and met a similar fate: so that of this great French fleet, scarcely a single transport is left.
The Turkish merchants here have likewise received letters from Constantinople, (out of an earlier date than the above official dispatches) which mention that the Turkish nation is highly incensed against the French, and that the populace have clamorously demanded that the French charge d'affaires shall be sent to the prison of the Seven Towers. In the mean time orders have been given by the Porte to arrest all the French ships in the Turkish harbours. The embargo on all French property has been carried into execution, and the Consul at Jaffa, has been the first arrested.
The Turkish merchants here have likewise received letters from Smyrna, which state, that Buonaparte had advanced with his army towards Grand Cairo, and published his intention to liberty in the Arabic language; but that the inhabitants had only been more enraged against him, and that he had been forced to retreat.
The accompanying mode of early communication of important intelligence, is from the Duke of Portland, to the Lord Mayor, and to Lloyd's Coffee-house. This circumstance renders the above official.
The London papers do not contain any further material accounts. The rebellion in Ireland was tapering away, and the negotiations at Rastadt still more a matter of time than a point of fact. The Austrian deputation have positively refused their assent to the French demands on Kehl and Offenburg. The news of the defeat of the French fleet is official, and has been celebrated in England. That of the defeat of Buonaparte, though not official, obtained general credence.
LONDON, Sept. 13.
It is now generally admitted, that Buonaparte has, in spite of the Alligators and Arabs arrived at Cairo; it remains, therefore, to be considered what course he will next pursue. Upon this question, a morning paper makes the following judicious reflections:
It seems to be generally imagined, that he would not attempt to cross the Isthmus of Suez, in order to gain the shores of the Red Sea through the Desert. Supposing, however, that he had followed the reluctance of the Egyptian Bays, and anticipated their immediate fears of any design against themselves, he might find them ready to facilitate his passage through their dominions. Perhaps, in this case, he might attempt a course in many respects preferable to that through the Desert to Suez. According to the accounts of travellers, there is an scarcity of vessels upon the Nile, and indeed his own transports might be fitted to its navigation. Indeed, therefore, of crossing the Desert from Cairo to Suez, it would be much more eligible to mount up the Nile to Cairo or Cosseir. This mode of travelling would be much more commodious for his army; he would pass through a fertile country, which would supply him with every thing. From Cosseir he might travel through the Desert to Coder. This route is perfectly practicable, and presents many advantages. That he might ascend the Nile, will scarcely be disputed; but he might march from the banks of the Nile by the route of the caravans to Colcos. This is likewise very possible. On his journey to Suez, in his letters to Cairo, says, "In winter, the journey to Coder is not attended with the same disadvantages as in the summer."
See also Letter 3.
hardly moderate. The attack of Brigadi is the only thing which travellers have to apprehend, but by assembling in troops, they may be secured from their pursuit. Even during summer, provided they take care to have a supply of provisions, and to carry water in earthen vessels, or in skins, men accustomed to the temperature of warm climates, perform the journey without inconvenience.
By following this route Buonaparte will derive many advantages. The march by land is perhaps longer, but it is much more practicable. The whole of the navigation of the Red Sea, to the extent of 100 leagues, which is considered as perilous, would be avoided. Not only would he himself escape its dangers, but likewise the vessel which he expects to meet him would avoid the risk of the voyage, both in going and returning.
"In ancient times Collier was the grand depot of the commerce of India, and the point of communication between Europe and Asia. The attempt of the conqueror of Italy is in every way hazardous; but upon the whole, the mode which we have pointed out seems to be in every respect as practicable, and in many preferable, to that of crossing the Desert from Cairo to Suez."
The king of Naples continues to prepare for war, and it is reported for the safety of his dominions, he intends to occupy the frontier towns on the Roman territories, most conveniently situated for that purpose.
A gentleman has commenced the manufacture of soap, in the Isle of Man, from fish. By a chemical process, every part, even the bones, are reduced to a fine japonaceous substance.
ALBANY, November 5.
New kind of Federalism.
When Mr. Adams was elected to the Presidential Chair, he declared it to be his intention to take example by his predecessor. Mr. Adams's friends it seems have also determined to follow the example of the friends of his predecessor; and because President Washington's birth day was celebrated according to Old Style, President Adams's must be so likewise; this they call Astronomical Federalism . What they would have us to understand by astronomical federalism I am unable to conjecture. So many different kinds of Federalism have sprung up of late, that it would require a very skillful expositor to determine the precise meaning to be affixed to each. There is a Federalism of passive obedience and non-resistance , formerly called Toryism ; a George Washington and John Adams Federalism ; a Lockjaw Federalism ; and, in New Jersey, they have also got a Petticoat Federalism . But among all the different kinds of Federalism at present held forth, nothing is to be seen or heard of Constitutional Federalism . If the phrase Astronomical Federalism had come from a physician, instead of one skilled in the knowledge of the heavenly bodies, I should be apt to conclude there had been a typographical mistake, by the Printer's putting Astronomical instead of Anatomical Federalism , and the more so, as by this phraseology the difficulty would be resolved at once; because by the term Anatomical Federalism , we would naturally understand a Federalism of dissection : And as that class of men among us who call themselves Federalists , have begun the dissection of our Federal Constitution , perhaps with a view to arrive at a more perfect knowledge of its structure, we should no longer be at a loss to know what kind of Fede al fin they mean.
Extract of a letter from the Mayor of New York, to the Poughkeepsie committee, dated the 23d ult.
"The deaths in this city from the 1st day of August to the 20th of October inclusive, amount to 1029 men, 528 women and 346 children—Total 1903, of whom 1310 have died of the fever since the 1st of September—before that day we have no regular accounts of deaths by the fever."
VERGENNES, Nov. 1.
Legislature of Vermont. A concurrent resolution passed the Legislature of this state, the 23d Oct. requiring the Senators and Representatives of this state to use their best endeavours, that Congress propose to the Legislatures of the several states the following amendment to the Constitution of the United States, viz. "No person shall be eligible as President or Vice President of the United States, nor shall any person be a Senator or Representative in the Congress of the United States, except a natural born citizen, or unless he shall have been a resident in the United States, at the time of the declaration of Independence, and shall have continued to reside within the same, or be employed in its service from that period to the time of his election."
The yeas and nays being taken, there were 152 and 5 nays.
PHILADELPHIA, November 17.
Seasonable Cargo.
Captain Thorndike has arrived at Beverly, from Copenhagen, with 80 pieces of cannon, 200 muskets, 200 pair of pistols, and "other articles suitable to the present and approaching seasons". These goods are advertised in the last Centinel.
Rural Rarities.
A Rutland (Vermont) paper says, on the 14th October, well flavored newberries were picked, fresh and good in the fields—that on the 2d Oct. an apple tree was bearing a season's crop of apples, which were as big as pigeon's eggs—and that, in the same orchard, several trees were in blossom. In Springfield township, about 12 miles from this city, apples of the second generation were taken from a tree of the size of the above, about the 10th of October ult.
The numbers of French prisoners in England amounts to 27,000—the English prisoners in France, to 6,000.
Intelligence has been received, that at Cherbourg and Granville the most active and extensive preparations were making for a secret expedition. A new requisition has been imposed throughout France, more severe than any former one. Persons evading it are disqualified from the succession to hereditary and other properties. It is likewise decreed, that no person can legally marry without having previously served in the army or navy during the term of four years.
General Pichegru, has arrived in England from the place of his transportation. He went from Surinam in the English frigate L'Amiable, capt. Lobb.
NORFOLK, Nov. 19.
Thomas Jefferson has been repeatedly charged by the federal tory prints with having sent an envoy to France to accommodate the differences between that country and this, without the knowledge of the executive. This is a serious charge, but has no other foundation than the contradictory reports which have appeared in the Paris papers, some of which say that he is an envoy from the French party in the United States; and others, that he came only for scientific purposes, and that the directory had notified to him their desire that he would speedily depart. Whether this is sufficient evidence for charging Mr. Jefferson with something like treasonable practice, we shall not pretend to determine. Were the Speaker of the House of Representatives, instead of the president of the Senate, charged on the same grounds, with the same practice, then we should see another Lyon affair. The partial operation of the Sedition law, throughout the continent, proves these conclusions to be just.
November 20.
Late from Cape Francois. Yesterday also arrived the brig Mermaid, Capt. Canby, 17 days from Cape Francois. Capt. C. informs us, that about the 14th an action took place at Fort Dauphin, between the inhabitants of that place and a body of Toussaint's troops, under the command of his nephew—on the arrival of the news at the Cape gen. Hedouville issued a Proclamation, offered a reward for the head of Toussaint's nephew. Three days afterwards, viz. on the 27th, gen. Toussaint appeared before Cape Francois with all his black troops, and sent in a flag with orders for gen. Hedouville and the white troops to embark immediately and leave the island, this was complied with, and on the 30th the 3 frigates laying at that place put to sea with the whole of them. Capt. Canby was embargoed till after their departure, and also informs us that it was generally understood at the Cape, that gen. Toussaint would in a few days declare the island independent. Some hours after capt. C. was out, was boarded by a British 74 and a frigate, an officer from whom informed him that the Frenchmen had escaped them.
November 22.
Monday evening arrived the felr Hazard, capt. Simmons, from Antigua. In the Hazard, came passengers four American seamen, part of the crew of the ship Willink, by whom we were favoured with the following.
"This is to certify, that on the 6th of Sept. last, we were captured in the ship Willink, captain Stewart, 103 days out from Hamburg, by a French privateer called La Conquise, captain Rogadine, and put on board the privateer, where we were kept in irons 21 days, on an allowance of three half pints of water a day, and provisions in proportion. We were afterwards carried into Point Petre, and put on board a prison ship there, where were upwards of 100 American prisoners. On the 1st of Nov. we escaped in a ship's boat to Mountserrat, from whence we got a passage in an English ship to Antigua, and there shipped on board the Schooner Hazard, capt. Simmons, for Norfolk."
(Signed) WILLIAM BLADES, JAMES STEWART, WILLIAM MARTIN, DAVID GIBSON,
The ship Willink arrived at Point Petre about the 20th of October, and the cargo had been taken out before the above gentlemen made their escape.
Notwithstanding that the intercourse between France and America was prohibited, American produce was plenty and very cheap, and daily coming in from other West-India isles.
We could not learn whether the Willink had been tried or not. Her cargo consisted chiefly of glass ware, German linens, &c.
RICHMOND;
TUESDAY, NOVEMBER 27.
For the VIRGINIA ARGUS. To the PEOPLE of HANOVER COUNTY, the following Story is humbly addressed.
THERE was a Fountain once, whose stream was so perturbed because it could not enjoy the soil over which it murmured, and which belonged of right, in common to its neighbourhood; that it entered into an alliance with a desert to rent, to overrun and destroy the peace and comfort of this little republic. This Fountain was a pleasant current, and would run occasionally in an direction: in one moment it would be rolling one east the next, due west: in one moment it would throw itself out nourishing draughts to the aid of a favorite; the next, abandon
him to parch in the scorching sun, and feel away to do homage to the torrent.—Some supposed the Fountain expected the torrent would spare it an additional stream, for taking its part against its own soil; and this is the opinion subscribed to generally; because many Fountains that had observed the same conduct, had been increased from the insignificance of a fean y springs, to the effrontery of a rivulet.
At one time no Price could be found for the torrent, but it was while the value was unknown; as soon as it was proclaimed that it enriched all those who ran the same course, the Fountain forsook its rural banks; its wanted versatility was concentrated,—it frequented populous cities; and a Price was to be found.
Oh! Ye people of the Fountain , seek a purer stream, and you who seek for real value, abandon a nominal Price !
A HERMIT.
Hanover county, Nov. 16th, 1798.
Bill of Mortality in Philadelphia.
From the 1st to 31st Aug. inclusive, 623 From the 1st to 30th Sept. inclusive, 1831 From the 1st to 30th Oct. inclusive, 942 From the 1st to 3d Nov. inclusive, 50
Total 3446
Comparative Statement.
'93 '98 August 325 023 September 1442 1831 October 1903 942 From 1st to 9th Nov. 118 From 1st to 3d 50 Gross amount of Jews, Baptists, Methodists, Free Quakers, and Ger. C. 164 Total 4041 3446
DIED.
On Thursday the 22d inst. in King William, Mr. CHARLES YARBROUGH, late of Philadelphia.—The loss of this young man is much regretted by all who knew him.
Late Foreign Advices.
Received by the ship Cleopatra, arrived at Baltimore.
LONDON, September 25.
It is obvious from all the late movements of the French in their ports that a very considerable and combined expedition was intended against Ireland, which if it had reached its destination from all the points whence it was to move would have been formid-able. As it was disjointed and separated, we have nothing to fear from the project. Lord Bridport will, we trust, be in sufficient time to prevent the Brest fleet from returning in safety to their own port, much less from annoying our shores; and Lord Duncan will watch with his former perseverance the mouth of the Texel. The distribution of our marine force for the safety of our coasts against the threatened attack has been creditable to the Admiralty. Nothing further was heard yesterday respecting the motions of the Brest fleet.
September 27.
By dispatches received yesterday at Lord Grenville's office from Mr. Smith, the ambassador of this country at Constantinople, the account of an engagement between admiral Nelson and the French fleet is confirmed. The following letter was sent by Mr. Canning to Lloyd's Coffee house.
Downing street, Sept. 26, '98.
"By dispatches received this day from his majesty's minister at Constantinople, dated the 22d of August, it appears that the Turkish government had received and communicated to him an account from the Governor of Rhodes, stating that a French brig had arrived unexpectedly in the port of that island, the master of which having been fully examined, had declared that on the 31st of July, an English squadron, consisting of 14 sail of the line, one frigate and one corvette, had come to attack the French fleet anchored at Aboukir (Beyres,) that towards the evening of the same day the English squadron had got into action, and that the L'Orient was already on fire when the captain of the brig came away."
"The Turkish Government had also received and communicated to the British minister, an account that two Turkish Gallies, had, after a hot engagement, taken a French frigate of 40 guns, which had come to anchor off the coast of Syria, and landed a few of its crew, with a view of exciting disturbances in that country."
"This intelligence is so far satisfactory, as it puts beyond doubt the fact of an engagement between the two fleets having taken place. The French account, which clearly proves that a complete victory was gained by the English, is thus authenticated.—The details of a splendid victory, and of almost the total destruction of the enemy's fleet, may soon be expected."
"By the same conveyance letters were said to have been received, that Buonaparte was harassed by the Arabs; that Pacha Gaza, the governor of Syria, was sending 3000 chosen men to the defence of Cairo; that Buonaparte was entrenched between Rosetta and Cairo, &c. This account is contradicted by the communications of the French Directory, that Buonaparte had reached Cairo. The latter information seems unquestionable."
"The forces which are so lightly raised and propagated respecting the vigorous exertions of the Bays, and the opinion of the
Arbs are utterly incredible, and we conceive can be ascribed to nothing but ignorance or imposture. How have the Bays and the Arabs so suddenly confederated? Who ever heard of regular armies of Arabs coming down to Egypt? Who ever believed the Mamelouks capable of giving any resistance to a veteran army provided with every military advantage, assisted by the fullest knowledge of the country, which men long acquainted with it, and by whom the expedition is attended, can afford? Egypt, at the present day, is as little capable of formidable resistance to an army of soldiers, as a horde of savages armed with bows and arrows are capable of opposing European artillery. With respect to the People, they may be considered as wholly neutral, or rather they will be ready to assist in the overthrow of the vile and abominable."
POOLE, Sept. 25.
The Date gazettes, and also letters from Amsterdam of the 12th inst. received on Monday, mention that an engagement had taken place between the English and French fleets in the Mediterranean; and that admiral Nelson had arrived in Naples Bay with 8 sail of French ships. He is said to have dispatched the Leander, of 50 guns, with the news to Lord St. Vincent.
BEXHAM, September 26.
Yesterday afternoon, Mssrs. Delaune and Rain, late members of the French legislature, transported with general Pichegru and Ba thelemey, were brought to town from board the Nimble Cutter. These gentlemen were taken late in the evening to the duke of Portland's office, and from thence to Mr. Wickham's house. This day it will be determined where they shall reside; general Pichegru at present has apartments at a hotel in the Adelphia.
Weisaupt, the celebrated founder of Illumination, is said to be employed in an answer to the abbe Barruel, and professor Robison, which is expected to appear in the course of the ensuing winter.
Carnot, it is said resides at a village near Linta, where under an assumed name, he enjoys bare toleration, without the slightest favour or countenance from the Austrian government. He is busily employed in writing Memoirs of the Revolution, which will disclose many interesting secrets, and which more particularly will illustrate those military operations which he planned, and of which the consequences seem likely to change the whole face of the earth.
A SMALL BOX OF COARSE
Earthen - Ware
Was left at this Printing-Office during the late fire.—The owner will please call for it. Nov. 27.
A BARREL OF
BROWN SUGAR
Was left before the subscriber's door during the fire on Thursday last.—The owner is requested to apply for it. LOUIS WERCO. Nov. 26, 1798.
Wanted
A Young Man to act as a Tutor in a private family in the country, to teach English (grammatically) Writing, Arithmetic, and the useful parts of the Mathematics, &c. He must come well recommended—to such an one generous encouragement will be given. For further particulars enquire of the PRINTER. (4w)
Notice,
THAT by virtue of a decree of the county court of Goochland, we the subscribers shall on Tuesday the first day of January next, on the premises, expose to SALE at Public Auction, for ready money,
THE TRACT OF
LAND
On Licking-hole creek, in the county of Goochland, commonly called and known by the name of
BELL-AIR,
Or so much thereof as shall be sufficient to pay and satisfy the amount of the aforesaid decree in favor of William Fuqua vs Daniel Brodhead, Jr. together with the necessary costs attending the sale.
THOMAS ROYSTER, JOHN L. HARRIS, JOSEPH SHELTON. } Comrs. Goochland, 24th No- vember, 1798. (ds)
A CONTRACT
IS offered for the DIGGING of a solid body of EARTH, STONE, &c twenty feet deep and sixty feet square, in the vicinity of Richmond. One third may be dug first, and one third the sum received, or necessary expenses, as attempts and daily provisions will be found from the beginning. The Contract will be made with the lowest bidder in 8 days from the date. Further particulars will be made known by applying to the Printer hereof. Richmond, Nov. 23, 1798. (2)
TAKEN up by the subscriber on Cove creek, Wythe county, a SORREL HORSE, with some white hairs and small star, about eleven years old, fourteen hands high, branded on the left shoulder thus P, appraised to ten pounds. WILLIAM FINLEY, sen. 27th August 1798.

An ENQUIRY whether the ACT OF CONGRESS, "in addition to the act, entitled an act, for the PUNISHMENT of CERTAIN CRIMES against the UNITED STATES," generally called the SEDITION BILL, is UNCONSTITUTIONAL or NOT
BEFORE the new government was formed the state governments existed. To shew what powers were intended to be delegated to the former, I shall first have recourse to contemporaneous exposition, that is, to the opinions of those who delegated it, or rather of those who ratified the government, thinking myself justified in this mode of reasoning from its propriety, which will be acknowledged to receive additional weight from the example of the most conspicuous character that we have had amongst us, and one who has in general, as appears from his letter accepting the command of our army, approved the measures of government. It is reasonable that powers delegated should be decided by what was the intention of those who delegated them—the authority alluded to, when the house of representatives requested the papers relative to the British treaty to be laid before them, applied to the journal of the grand convention to prove the constitutional impropriety of its request.
In like manner, to ascertain what powers the state of Virginia designed to transfer to congress by the adoption, I shall enquire what was the opinion of a distinguished opponent to, and of a powerful advocate for, its adoption; which opinion, when I come to discuss the amendment naturally connected with the subject of this enquiry, as the amendment proposed by this state was adopted, may be considered as ratified by the constitutional number of states as succeeding in principle. And the reason of the amendment, to the sense of the state of Virginia, which is indeed expressly acceded to by the terms of the adoption of the amendments by congress.
The great opponent to the adoption of the government, in treating of the clause in the constitution, "by which the number of representatives," it is declared "shall not exceed one for thirty thousand," on the doctrine of implied powers, stated—"If we are to have one representative for every thirty thousand it must be by implication. The constitution does not positively require it. Even say it is a natural implication, why not give us a right to that proportion in express terms, in language that could not admit of evasion or subterfuge? If they can use implication for us, they can use implication against us. We are giving power, they are getting power; judge then on which side the implication will be used. When we once put it in their option to assume constructive power, danger will follow. Trial by jury and liberty of the press are also on this foundation of implication. If they encroach on these rights, and you give your implication for a plea, you are lost; for they will be justified by the last part of it, which gives them full power "to make all laws which shall be necessary and proper to carry their powers into execution." Implication is dangerous, because it is unbounded: if it be admitted at all, and no limits be prescribed, it admits of the utmost extension. They say that every thing not given is retained. The reverse of this proposition is true by implication. They do not carry this implication so far when they speak of the general welfare. No implication when they keep the clause cones. Implication is only necessary when the existence of privileges is in dispute. The existence of powers is sufficient. If we trust our dearest rights to implication, we shall be in a very unhappy situation. Implication in England has been a source of contention. There has been a kind of implication between the king and the people. For one hundred years did the mother country struggle under the uncertainty of implication. The people insisted their rights were implied: the monarch denied the doctrine. Their bill of rights in some degree terminated the dispute. By a bold implication, they said they had a right to bind us in all cases whatever. This constructive power we opposed and successfully. Thirteen or fourteen years ago the most important thing that could be thought of, was to exclude the possibility of construction and implication. These, sir, were deemed perilous. The first thing that was thought of, was a bill of rights. We were not satisfied with your constructive argument, five rights.
Mr. Henry then declared a bill of rights indispensably necessary; that a general negative provision should be inserted in the new system, securing to the states and the people, every right which was not conceded to the general government; and that every implication should be done away.
We have seen then the opinion of the most powerful opponent of the government on implied powers. His opinion evinces an apprehension that implied powers might be supposed to be contained in some parts of the constitution, and particularly the sweeping clause, as it was called. Let us turn our attention to those who advocated the system. They confirmed every such doctrine.
A zealous advocate for the adoption, (a member from W. Moreland) declares that "our privileges are not in danger: They are better secured than any bill of rights could have secured them. I say that this new system shews in stronger terms than words could declare, that the liberties of the people are secure. It goes on the principle that all power is in the people, and that the rulers have no powers but what are enumerated in that paper. When a question arises with respect to the legality of any power, exercised or assumed by congress, it is plain in the case of the governed. Is it enumerated in the constitution? if it be, it is legal and just. It is otherwise arbitrary and unconstitutional. Candour must confess it is infinitely more essential to the liberties of the people than any state government."
Mr. Lee then said, that under the state governments, the people reserved to themselves certain enumerated rights, and that the rest were vested in their rulers. That consequently the powers reserved to the people were but an inconsiderable exception from what was given to their rulers. But that in the federal government the rulers of the people were vested with certain defined powers, and what was not delegated to those rulers were retained by the people. The consequence of this, he said, was, that the limited powers were only an exception to those which still rested in the people, that the people therefore knew what they had given up, and could be in no danger. He exemplified the proposition in a familiar manner. He observed that if a man delegated certain powers to an agent, it would be an insult upon common sense, to suppose, that the agent could legally transact any business for his principal, which was not contained in the commission whereby the powers were delegated. But that if a man empowered his representative or agent to transact all his business except certain enumerated parts, the clear result was, that the agent could lawfully transact every possible part of his principal's business except enumerated parts. He added that those who are to go to congress will be the servants of the people. They are created and deputed by us, and removed by us. Is there a greater security than this in our federal government? To forfify this security is there not a constitutional remedy in the government, to reform any evil that may be found inconvenient?"
I take it for granted then, that those who opposed the adoption were apprehensive of the doctrine of implication or powers, which the advocates of the system said was inadmissible from the nature of the subject. The apprehension, however, that such an idea might be contended for, induced the amendments, to which I shall attend in the course of this investigation. Having stated the extraneous opinions on this point, I shall next enquire whether such a power does exist in the plan of the constitution, as originally adopted—and even if it is implied or expressly given, whether it is not taken away by the amendments.
* See Vol. III. Virginia Debates, Page 223.
The inducements to the government and its principal objects were to lay such taxes on commerce, that there might be produced a sufficient revenue to pay the debt of the United States in a mode in which some states might not injure others, as happened in the case of the impost under the state laws between Maryland and Virginia—to regulate our intercourse with foreign powers, defending us from them—and prevent disputes amongst different states. The objects designated in the preamble are, "to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty." These are the objects, and to attain them the people establish the constitution—these are the ends, but the constitution is the means—they are to be attained only by the mode pointed out and enumerated in the constitution.
The constitution after the preamble of "We the people," &c. declares (1st article) "All legislative powers herein granted, shall be vested in congress." Here then let it be remarked—whatever powers congress holds, it holds as a grant in this constitution, and as a grant from the people—Whatever is not granted, the people still retain as conceded by its advocates at the time of its adoption—is the power in question granted then?
It is unnecessary to recite the clauses usually enumerated as defining the powers of congress. I will merely take notice of those in this and other parts of the constitution which may bear some affinity to the subject, and amongst them, of those too apparently most strong in favor of the power: With this view it is conceded that "congress shall have power to lay and collect taxes, &c. to provide for the punishment of counterfeiting the securities and coin of the United States; to constitute tribunals inferior to the supreme court; to define and punish piracies; to make all laws necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof."
Art. 3d. Sec. 2. The judicial power shall extend to all cases in law and equity arising under this constitution, the laws of the United States, and treaties made under their authority; 2d. To all cases affecting ambassadors, other public ministers and consuls; 3d. To cases of admiralty, &c. 4th. To controversies in which the U. States are a party. 5th. To controversies between two or more states; 6th. Between a state and citizens of another state; 7th. Between citizens of different states; 8th. Between citizens of the same state, claiming lands under grants of different states; and, 9th. Between a state or the citizens thereof, and foreign states, citizens or subjects.
Sec. 3d. Treason against the United States is defined; and "The congress shall have power to declare the punishment of treason."
Art. 4th Provides the mode of amendment; and 6th, Declares this constitution and the laws of the United States which shall be made in pursuance thereof, & treaties made under the authority of the United States, shall be the supreme law of the land: and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.
The 8th Section designating the power of congress declares, that the congress shall have power—to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States.
I believe it has been contended that this clause means that congress shall tax—to pay debts and provide for the general welfare—that is, that they are to raise this fund for that purpose, or that this purpose is to be answered out of that fund; but that it did not give congress a power to pass whatever laws they thought conducive to the general welfare. We have seen that the general welfare was one of the objects. It is untenable under such a constitution to say that to promote the general welfare congress may do whatever they please conducive to this end—If so, such a definite constitution was unnecessary; for one line declaring that "they should provide for the general welfare" would be exactly such a constitution and would give exactly such a discretionary power, and the long enumeration of powers was unnecessary—Welfare then is the object, and taxes, &c. commercial regulations, &c. are the means, as the quiescing insurrections is the means of ensuring domestic tranquility, or by Sec. 4th. Art. 4th. the United States is on application of the legislature, or executive (when the legislature cannot be convened) to protect every state against domestic violence.
Let us next examine the clause about the judicial power. By Art. 3d. Sec. 2nd, this is declared to extend first to all cases in law and equity arising under this constitution, &c. as above recited.
What then are the cases in law, arising under this constitution? As far as offences are concerned, they are of persons who do not conform to the different tax laws (see Sec. 8. Art. 1) to the regulation of commerce, to laws as to naturalization, of bankruptcy, counterfeiting of the securities and coin of the United States, for which they are to provide; of persons offending against post-office laws; infringers of patent rights; pirates and felons on the high seas, and offences against the law of nations; captured, concerning which rules are to be made, as well as for the army & navy; opponents to the execution of the laws of the union; also opponents to the suppression of insurrection; and likewise offenders within the ten miles square; and under 2d sec. 3d art. offenders a gainst treaties, or against ambassadors, &c. and under the 3d section, persons guilty of treason, which is defined, and of which they are to declare the punishment. So far this clause may refer to offenders. As to civil disputes, a case in law and equity, particularly under the 2d sec. 3d art. may be a dispute with ambassadors, &c. in the admiralty—with the United States—between states—or citizens, as there described.
If the case in question, as to be considered as a case in law, arising under the constitution, to as to bring it under the clause concerning the judiciary, it must be by virtue of the sweeping clause, which declares that congress shall "have power to make all laws necessary and proper for carrying in to execution the foregoing power and all other powers vested by this constitution in the government;" It must be a power foregoing or vested by the constitution.
A right to retain writing or publishing relative to the government or its officers, is not expressly given, & to prevent any implied powers from being constructively vested, was the object of the amendment retaining all the powers not delegated, as particularly an apprehension as to the freedom of speech and of the press was the cause of the third amendment: If it be said that the right was impliedly delegated, and therefore is not retained, this would be an unfair construction, and would defeat the end of the amendment: The case in question, therefore, does not arise under the constitution, and it will not be said that the section concerning the judicial power, by a side-wind adopts the common law of England in cases of offences not arising under the constitution. But for the sake of argument, let it be supposed that it does, such
under the constitution; the clause does not adopt the criminal law of England, independent of the difference in the nature of the two governments to be hereafter discussed. It was never so understood when it was intended to organise the judiciary; for the section 12th of the act to establish the judicial courts of the United States (20th chapter of the 1st session) enacts that "the circuit courts shall have original cognizance, concurrent with the courts of the several states of all suits of a civil nature at common law," &c. and in the next section when the mind of the legislature must have been turned to the subjects of common law, and of offences, and they come to declare the jurisdiction of offences, they say "and shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States," &c. Their omitting to speak of offences at common law when they give the jurisdiction as to offences, when they had just before by express words declared the common law in civil cases, is the strongest admission that it was only considered as adopted in civil cases. Again, they give the circuit courts exclusive jurisdiction over all offences cognizable under the authority of the United States, after giving it concurrent with the state court in the civil cases. Was it intended then to exclude the state courts of jurisdiction of the case under enquiry if they had cognizance? When the sedition bill passed, if the state courts had it, they could not exclude them according to the amendments hereafter to be spoken of; nor could the circuit court even take cognizance of it.
But let us consider the case (as it will be more fair in this part of the argument to do so) as if we were just at the first session, and prior to the adoption of the amendments.
It is probable that Congress, if they had the power, did not mean to exclude the state courts of jurisdiction in these cases, if the state courts possessed it before. They evidently thought that crimes cognizable under the state courts, were not cognizable under the authority of the United States, and vice versa.—Probably they reasoned thus. Here is a new class of crimes arising—crimes cognizable under the authority of the United States, else why make the crimes cognizable under the authority of the United States a distinct class of subjects for jurisdiction?—or rather they would not mean to exclude the state courts where they had jurisdiction before; for as the constitution was then paramount except in the clauses negative to congress, before the exceptions introduced to the amendments, they might have excluded the state courts, where the United States, or an alien, or a citizen of another state was a party. In these three cases the state courts before had jurisdiction; but if they have left the state courts concurrent jurisdiction in them; which shews their design to let the jurisdiction remain concurrent, where the state courts had cognizance already; but in new offences they thought that the state courts had not jurisdiction. If so, the circuit court was to have exclusive jurisdiction only in the new cases, that is, in cases arising under the constitution. And if the state courts had not jurisdiction before of this kind of offences, what becomes of the argument that the law does not abridge the freedom because the state court could punish the same offences before?
But the following is perhaps the more candid statement of this point.
It is evident that an offence against the government could not exist before its establishment, and what is meant by the argument I suppose is, that because offences of a similar nature were punishable in the states, that such against the U. States are equally so in the courts of the United States under the government; but this doctrine is inadmissible, as it would be a doctrine of implication. To this it may be replied and perhaps fairly, that it could not be supposed that the state governments should alone have power to punish such offences against the United States government, and therefore this cannot be one of the rights retained to the States—this might be conceded; for the 12th article declares that the powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. Is not then the right of speaking or writing relative to the government or its officers expressly reserved by the 3d and 12th amendments taken together to the people? If the cognizance be not retained to the state courts, it is indispensably, unless delegated to the United States by the constitution, which cannot be the case, to prevent implied delegation being the object of the amendments.
One word more as to the supposed adoption of the common law of England in criminal cases. It certainly has not been expressly adopted by the constitution, and whether congress has a right to adopt it is a serious question, which would probably be decided in the negative. When America was first settled some were loyal, others republican—Amongst the former Virginia stood as forward as any. Amongst the latter the New-England states, or some of them, were distinguished. Their ancestors actually fled from the reign of Charles I. or after the restoration of Charles II. Dissatisfaction with that government drove them hither. In the name of common sense then, could they impliedly in their emigration have brought the common law in case of sedition, or crimes of the like nature? Whether they formally, declaratively and actually adopted it I know not. In this state, after we declared ourselves independent, a formal declaration to that effect was thought necessary. Supposing the system to be impliedly brought by all the states (for one not adopting it would certainly render the doctrine of implied admission by them when united as a separate body or government, inadmissible) but suppose it was brought by all—when the United States declared themselves independent and formed the confederation, would not a positive adoption become necessary? I trust it would.
Let us next attend to the 3d sec. 3d art. which treats of treason. It defines treason, and declares that "congress shall have power to declare the punishment of treason."
Why is treason defined in the constitution, if it was not to prevent constructive treason or other cases to be declared to be treason, as had been done in England, & the punishment of actions which might be supposed to approach its limits?
But by the 6th article, "This constitution and the laws of the United States in pursuance of it, shall be the supreme law of the land," &c. The question now on the carpet is whether this act be in pursuance of the constitution; there fore the decision of the application of this article must await the event on the main point of its being or not in pursuance of the constitution, though it is of no consequence how this point is decided, as the amendments expressly prevent the operation on the subject, as has been contended.
But by the 2d article section 3d, "The executive shall take care that the laws be faithfully executed." The president is also by his oath (section 1st of article 2d) to swear that he will to the best of his ability, preserve, protect and defend the constitution. If the bill be constitutional—he is to execute it; otherwise, not; and it has been decided in the circuit courts in a controversy for land under two different states, and when an unconstitutional duty was imposed on the members of that court, and in all the state courts (as far as I am informed) and proved by the "Federalist," an extremely able political writer, at the time the government was under consideration, and might be again proved if requisite under the constitution, that an act against it is a nullity—and the executive cannot be required to execute a nullity, if he be one.
Perhaps other observations might be added to shew even if the common law is adopted in civil cases by the constitution, as it is expressly in the judiciary bill (where as to offences under the constitution, it is implicitly admitted as above stated) that the common law relative to offences of this nature could not be adopted equitably with the spirit of a go-
vernment which supposes itself to be temporarily elected, and provides for the mode of amendment; for if the people have ever a right to choose a new person for an officer, or the legislature, or congress to propose amendments, or the people to assemble and petition for the repeal of grievances, unless it be allowed to write that a public officer or department groups at power or other words, which may bring an officer or department into disrepute, at individual becomes an officer and destroy the government, (as some individuals supposed and published, I believe, the house of representatives were attempting, when they decided that they had a right to refuse appropriations) and this was never considered as lawful, the rights above enumerated, will be practically as nugatory to the people, as such rights would be were their tongues cut out and their hands cut off.
In this state it has been doubted whether the right of courts to impose for misdemeanors is not impliedly taken away by our law giving the jury a right to assess the fine: If so, and the right to impose remains with the judges, under the act, it cannot leave us as free as before, and consequently, the act abridges the freedom of the press, if the state courts had jurisdiction of such an offence. If indeed the law of congress adopting the proceedings of state courts, gives the jury a right to assess the fine, it may be a point of importance in the execution of the act in this state.
The state of Virginia in her ratification of the constitution declares, "that among other essential rights the liberty of conscience and of the press cannot be cancelled, a negro restrained, or modified by any authority of the United States," &c.
Congress in the preamble to the amendments uses the following terms:—"The convention of a number of states having assembled at the time of their adopting the constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added; and as extending the ground of public confidence in the government, will best ensure the beneficent ends of its institution, Resolved," &c. and then follow the amendments, and amongst them one declaring that congress shall make no law abridging the freedom of speech or of the press, another, "That the powers not delegated are reserved to the states or the people."
Considering the design then, with which the amendments were proposed, and with which congress declares them,—Is it possible that congress could have a right to act upon the subject in question?
PHILO DEMOS. By Last Night's Mail.
Postscript.
The official account of the Defeat of the French fleet by admiral Nelson, is published in the Baltimore papers received by last night's mail. It appears in substance with the account from Norfolk, inferred under the Richmond head in Friday's Argus.—The action was fought in Bonaire bay, on one of the mouths of the Nile, on the 1st, 2d & 3d of August.—The British took 9 ships of the line, blew up two, sunk one frigate and burnt another.
BASLE, September 11.
The inhabitants of the Canton of Unterwald determined to persist in their refusal of taking the oaths, intrenched themselves in a very advantageous situation near Stantz where, on the 5th instant, they were attacked by General Schauenberg, with a large train of artillery. One body of French crossed the lake and landed near Stantz, and another marched over the mountains, by which means the insurgents were surrounded; they however defended themselves with the most obstinate valour. At length, notwithstanding they were obliged to give way, and all their artillery, ammunition, &c. fell into the hands of the victors; their loss is estimated at 1500 besides wounded. The town of Stantz was almost wholly destroyed. The following is General Schauenberg's letter:
Head Quarters, Lucerne, July 9. 1798. 15 minutes past 6 o'clock, P. M.
"You will learn with pleasure, Citizens Directors, that victory has remained faithful to the Republicans. We have occupied the district of Stantz, after a battle which lasted from five o'clock this morning until now: all that afflicts me that this day has cost much blood, but we had to do with rebels, whom it was necessary to reduce."
(Signed) SCHAUENBERG. The general is now about to enter the Canton of Schwitz. He has published that if the inhabitants surrender at discretion, the troops that preserve good order; but that if they make the least resistance, they shall be treated as were they of Unterwald.
NOTICE.
THAT application will be made to the next Assembly, for the revival of the Rocky Ridge Inspection of Tobacco. November 24th, 1798. (4W)
THE SUBSCRIBER,
BEGS have to inform the public in general and his friends in particular, that he has taken the OLD CITY TAVERN, formerly occupied by Mr. GABRIEL GALT, where gentlemen travellers may be very comfortably entertained, having made every preparation to give satisfaction, being determined to please upon reasonable terms. S. LOMON RAFFAEL. N. B. A few Gentlemen Boarders will be well accommodated. Richmond, Nov. 26, 1798.

***** Five Dollars Reward.
RAN AWAY from the subscriber about the first of the present month, a Negro Man named
BILEY;
He has a wife at Doctor Gourdine's in King and Queen, is a very black negro, about thirty years of age, five feet six or seven inches high, & is pleasant in his conversation. He has a mark on his forehead, which he calls a mark of the devil. Whoever secures him so that he can be brought back to his master, will receive the above reward. FRANKEY SEAYRES. Richmond, 10th November, 1798.
Notice is hereby given,
THAT a Petition will be presented to the next General Assembly, to alter the Quarterly Term Courts in the County of Caroline. Nov. 13, 1798.
Notice.
ALL persons indebted to the estate of WILLIAM RUSSEL, Grocer, late of this city, deceased, are requested to make immediate payment to the subscribers; and all those who have demands against said estate are desired to bring in their accounts properly proved for payment. It is hoped that in either case those concerned will see the necessity of immediately complying with the above request. SARAH RUSSEL, Executrix. SAMUEL COUCH, Executor. Richmond, 11th mo. 12th, 1798.
TO PENT, THE TWO NEWLY BUILT BRICK STORES,
Near the bridge in Richmond. For terms apply to the subscriber, or in his absence to FRANCIS HYLAND. SAMUEL COUCH.
DU-VAL'S
Patent Antibilious Pills,
SO much approved by all who have taken them for upwards of four years past for their great efficacy in cleaning the Stomach and Bowels from Bile and other injurious matter, so often the immediate cause of disease. By which means they cure Agues and Bilious Fevers, Cholics, Head Aches, Giddiness, Costiveness and most diseases of the Stomach and Bowels, without injuring the tone of either, as pukes and strong purges are apt to do. They are sufficiently powerful, yet mild and innocent, and may be taken by Men, Women and Children in any situation and at any time without hindrance from business or alteration in diet. These valuable Pills are sold by the subscriber at the sign of the Golden Mortar, in Richmond; and for the convenience of his distant Customers, as well as to promote the circulation of so valuable a Medicine, he has appointed the following Gentlemen to dispose of them in the different parts of Virginia, at twenty-five cents per single box, and two dollars per doz. which are wrapped in printed directions. Mr. Leroy Anderson, Merchant, Williamsburg. Mr. Andrew Hamble, Bookseller, Norfolk. Messrs. Hatterley and Fisher, Growers, Suffolk. Mr. John Grammer, Postmaster, Petersburg. Messrs. Benjamin Brand & Co. Merchants, Beaver-Town. Mr. John V. Thomas, Bookseller Alexandria. Mr. David Henderson, Merchant, Fredericksburg. Messrs. James Thomas and Francis Dean, Cartersville. Mr. Isaac Hays, Merchant, Charlottesville. Mr. Leonard Tunstall, Jr. Merchant, Appomattox. Richmond, Oct. 16, 1798.
BOHN & HUBNER,
HAVE JUST RECEIVED And for SALE, a Good Assortment of GERMAN and HOLLAND
L I N E N S,
By the Box or Bale, for Tobacco or Approved Notes at 90 days. Richmond, Nov. 12, 1798.
Grand Lodge of Virginia.
THE Members of the Grand Lodge of Virginia, are requested to take notice, that the next Grand Annual Communication will be held in the Masons' Hall, in the City of Richmond, on Monday, the 10th day of December next. As there will be a variety of subjects brought forward, of great importance to the Craft, it is hoped that the meeting will be full, and that the Representatives or Deputies, will be furnished with the proper Documents, and other desiderata necessary on that occasion. W. H. FITZWHYLSONN, G.M. Richmond, October 25th, 1798. A. L. 5798. (109)
Stamp Act.
A correct Table of Duties, payable on Stamped Vellum, Parchment and Paper, agreeably to the above act, which began to operate the 1st July last, may be had at a Printing Office.
FOR THE CURE OF Coughs, Colds, Asthmas & Consumptions.
DR. CHURCH'S COUGH DROPS
IS a medicine unequalled by any in the world, prepared (only) by the inventor and proprietor, Dr. CHURCH, from London, at his Medicine Office, No. 1, South Third Street, (next the Market) Philadelphia, and at his house New York.
The following certificates are subjoined as proofs of its efficacy, selected from a number amounting to upwards of ONE THOUSAND!
A F F I D A V I T.
Jacob Macpherson, of Paterson New Jersey, do hereby certify that he was grievously afflicted with a violent Cough, shortness of breath, pain in his breast, loss of appetite, night sweats, and constantly expectorated a very considerable quantity of glutinous matter, which would not go to rest on account of the difficulty of breathing, but used to be propped up in his bed by pillows—that he laboured under this affliction, mainly for upwards of eight years; his constitution was emaciated to an alarming degree, and his body greatly wasted and fallen away—that after having the advice of many medical gentlemen, without receiving any essential relief, he applied to Dr. James Church, Embury Square, and by taking his medicine, called Church's Cough Drops, and attending to his advice, he is now restored to perfect health, nor has he a single symptom of his disorder remaining. JACOB MACPHERSON. Sworn before me at the Mansion-house, London, this 10th day of April, 1798. BROOK WATSON, Mayor.
Letter from Baron Montrose, Esquire, Devonshire-Street, Portland Place, London, addressed to Dr. Church. DEAR SIR, AS you think the publication of my case may tend to your good, I cheerfully consent to your making use of it, out of respect to you, as well for the benefit of mankind, as I think it cannot be too universally known. In the year 1779, I caught a severe cold, which settled upon my lungs, this brought on a violent cough, pain, and tightness across my breast, and shortness of breath. I used to expectorate a frothy, though a quantity of glutinous matter, which owing to the violence of the cough, used sometimes to be mixed with blood. I have had the advice of some of the first physicians in England, whose prescriptions afforded me little more than temporary relief. In consequence of hearing that Col. Glover, of Portland Place, had been astonishingly relieved by taking your Cough Drops, I was induced (having before an aversion to advertised remedies) to give your medicine a fair trial, and am happy to make known to the world, that I am restored to perfect health by taking it, after having suffered a martyrdom for upwards of 16 years. I am, dear Sir, Your's sincerely, B. MONTROSE. Devonshire-Street, } May 16, 1798 } TO DR. JAMES CHURCH.
Copy of an affidavit taken before the Right Hon. Paul Le Mesurier, Lord Mayor of London, at the Mansion-house, and Alderman Skinner, at Guildhall, London. Philip Williams, of No. 4, Tabernacle Row, Moorfields, in the Parish of St. Luke, Middlesex, do hereby certify that he was grievously afflicted with a most violent cough for upwards of thirty years, which used to prevent him laying down in his bed for whole nights together; and in the day time, owing to the violence of the cough, he was very often unable to attend his business for half a day together. The deponent further saith, he has applied to many eminent gentlemen of the faculty, and has taken a great deal of medicine which never did him any good, but found, notwithstanding all the medicine and other things that he took, he grew worse. The deponent further saith, that he was cured of his cough by Mr. James Church, of the City road, and that he is better in health than ever he was in his life. (Signed) PHILIP WILLIAMS. Sworn before me at the Mansion-house, London, April 10, 1798. PAUL LE MESURIER, Mayor. THOMAS SKINNER, Alderman.
Church's Cough Drops Are prepared and sold as above, and by appointment of Dr. Church, by Mr. B. Du-Val, Richmond; William Brooke, Petersburg; J. H. Roberts, Berks; E. Green, Fredericksburg. Oct. 1, 1798.
Jacob Cook, GUN-SMITH, FROM LANCASTER, PENNSYLVANIA
RESPECTFULLY informs his Friends and the public in general, that he has removed to the upper part of the house occupied by Mr. William Cook, Coppersmith, nearly opposite Messrs. Gamble and Temple's, in this city; where he carries on the above business in all its various branches. He will make all kinds of FOWLING PIECES, MUSKETS, and PISTOLS, agreeable to a given pattern—he will also REPAIR, NEW STOCK and CLEAN PISTOLS, GUNS, SWORDS, &c. at the shortest notice. He likewise informs the inhabitants of the back country, that he will MAKE all kinds of RIFLES, which he will sell on reasonable terms, warrant them good, and will insure them for one year.—Their orders by letter or otherwise will be strictly attended to, and executed in as good and as neat a manner as if they were on the spot. He is in want of several good JOURNEYMEN GUN SMITHS—and will take two or three APPRENTICES from 14 to 15 years of age. Richmond, July 20, 1798. [1200.]
Doctor Philip Larus, Surgeon & Dentist,
RESPECTFULLY informs the Ladies and Gentlemen of Richmond and vicinity, that he intends to remain at Cap. Richard Bowler's tavern for a few weeks, where he will be happy to wait on those who may need his services. Oct. 7, 1798.
THE SUBSCRIBER Has for sale at his house on Shockoe-hill several BALES OF WOOLLENS,
CONSISTING of Yorkshire plaids, Kennebec Coatings, 6-4th & 7-4th coarse & fine Cloths from 3/6 to 15/6 per yard—as they came to him from the Manufacturers, he is enabled to sell them on low terms which he offers to do payable in Notes of 4 and 6 months, in this city. He has also for sale one BALE consisting of Durants, Sallons, Wiltshire, Camblets, Swansdown, Toilets, and Kennebecs. WILLIAM WISEHAM, Richmond, Oct. 3, 1798.
John Myers BEGS leave to inform the PUBLIC
that he has opened a BOTTLING CELLAR, near the BRIDGE, Where Gentlemen can be supplied with Bottled Porter and Ale at a reasonable price. N. B. Gentlemen who live in the Country may have Porter put up to carry any distance without breakage. RICHMOND, May, 3, 1798.
FOR SALE, AN EXCELLENT SECOND HAND JOINT TOP Riding Chaife —ALSO— A NEW DOUBLE STICK CHAIR.
For further particulars enquire of the Printer hereof. Richmond, Oct. 15, 1798. (11)
Oyster and Porter HOUSE.
George Watson KEEPS a house of the above description, near the Basin of the Canal in this City, for the Entertainment of such Gentlemen as may please to call on him. Richmond, October 5.
WILL BE SOLD,
Pursuant to a decree of the High Court of Chancery, at Painville, more commonly called Chinquapin Church, in the county of Amelia, on Friday the 21st of December next,
Twenty Slaves,
Consisting of Men, Women, Boys and Girls, most of whom are very likely belonging to the estate of Paulin Anderson, deceased. A credit of twelve months will be given the purchasers at giving bond and good security. ANDERSON SCOTT, Adm'r. Nov. 19th, 1798.
Monroe's View
OF THE Conduct of the Executive. Just received. And for Sale at this Printing Office, A FEW COPIES OF Monroe's View OF THE Conduct of the Executive. Oct. 1, 1798.
FOR SALE. 20 qt. casks Old Red Port Wine of 1. 20 pipes Superior quality; Madeira Wine in pipes; Ten casks do. do. Porter packed in casks of 3 doz. each; Old West India Rum; French Brandy; Apple Brandy; 2000 gallons excellent Whiskey; Leaf Sugar; Brown Sugar; Coffee; St. Louis, and 100 barrels excellent cut Herrings. The above articles have just come to hand, and being principally on consignment, will be sold very low, for cash, by Gamble & Temple, Who have as usual a good assortment of DRY GOODS on hand, which will be sold on equitable terms. Richmond, June 11, 1798.
Thomas Gilliat HAS Imported by the late arrivals from London and Liverpool, an extensive and well selected assortment of FASHIONABLE FALL GOODS
Which is now selling off, at his usual low prices, for Cash or Country Produce.—Also a large supply of the following Articles, will be sold low for Cash, or at a moderate advance, on six months credit: Kendall Coatings, Duffel and Roe Blankets, White and Coloured Plaids, Kerseys, Hosiery and Coatings, Yarn and Flaid Hose, 6-4 and 7-4 Cloths, well assorted colours and prices. Small Cales of Hardware and Cutlery, well assorted. Casks of Pewter and Glass-Ware, each assorted. Boxes of Hats, ditto. Calicoes and Irish Linens, ditto. British and German Oznaburgs, Sacking and Roll, ditto. Shot and Gun Powder, ditto. Some Twine. RICHMOND, October 23th, 1798.
GEO: J. F. R. SON & CO
Have received from LONDON, LIVERPOOL and HAMBURGH, A FEW BALES OF White, blue and green Plaids, Roe and duffel Blankets, German and British Oznaburgs, Lubeck and Hempen Coils, White and brown sheeting, Twilled Sacking, &c. &c. Which they will sell by the PIECE or PACKAGE on very moderate terms for CASH, or approved NOTES on a short credit.
THEY HAVE LIKEWISE A FEW PIPES OF Madeira Wine.
Richmond, Nov. 9th, 1798. (12)
JUS. RECEIVED
and for Sale by the Subscriber on reasonable terms, THE FOLLOWING GOODS,
By WHOLESALE or RETAIL, German Linens,—viz. OZNABURGS Bed-ticking Brown Hempen Oil-cloth.
Ironmongery.
Mill-saws, Screw-augers, Hand do. Gimblets, Plate Irons, Compasses, Chisels, Trowels, Houghes, Mark-drawers, Draw knives, Wadl-irons, Coffee Mills.
Hollow Glass.
Decanters plain & Tumblers plain cut, Cage Glasses, Wine Glasses do. Medicine Phials.
Nuremberg Goods,
Among which are a great variety of children's Toys, Snuff Boxes, Black Lead Pencils, Slates and slate Pencils, Cloth Buttons, &c. &c. &c.
Likewise,
A large assortment of Looking Glasses, Violins and Violin Strings. JAMES THOMPSON. Richmond, March 27, 1798. (13)
FOR CLYDE,
TO SAIL IN THIS MONTH, The Fine new British Armed SHIP, BETSEY,
JOHN MARQUIS, Commander, Mounting 12 Carriage Guns, about 400 tons burthen.—For freight or passage apply to Capt. Marquis, on board, or Messrs. ROBERTSON and BROWN, Norfolk, Robert Pollon & Co. Richmond, or BUCHANAN, DUNLOP & CO. Peterburg, Nov. 4, 1798. (39)
GASH
GIVEN FOR CLEAN Linen Rags.
DISTRICT OF VIRGINIA TO WIT: BE IT REMEMBERED, THAT on the Twenty-Ninth day of October in the Year of our Lord, One Thousand Seven Hundred & Ninety-Eight & of the Twenty-Third Year of the Independence of the United States of America, WILLIAM MARSHALL, of the said District, personally appeared before me, the Title of a Book wherein he claims as Author, in the following words, it is: POEMS,
AND Compositions IN PROSE, On Several Occasions;
In conformity to an Act of Congress of the United States, entitled "An Act, for the encouragement by securing the copies of Maps, Charts and Books to the Authors and Proprietors of such copies during the times herein mentioned." WILLIAM MARSHALL, Clerk of the Virginia Dist. Ct.
By virtue of a deed of trust made to the Subscriber, by William Reynolds of Henrico county, State of Virginia, for the purpose of satisfying the debts due from the late Reynolds to sundry persons, I shall proceed to sell the Personal Estate belonging to him, in the county of Halifax, in North-Carolina, at his plantation on Roanoke river: THE ESTATE CONSISTS OF FORTY LIKELY
SLAVES,
About one hundred head of CATTLE, a considerable number of HOGS, SHEEP and WORK HORSES—Also, about six hundred barrels of CORN.—The sale will commence on the premises, the fourth of December next, and continue until the whole property is disposed of. The property will be sold for Cash, or the notes of responsible merchants in Petersburg or Richmond. At the same time, the LAND will be RENTED for one or more years as can be agreed on. WILLIAM SAVAGE, New-Kent, 15th October, 1798. (14)
THE PARTNERSHIP OF GIBSON & MACKENZIE
BEING dissolved on the first day of January last: All persons indebted to them, are requested to call at the store they lately occupied, and make payment to William Mackenzie, who will grant full discharge, and settle all demands against the said partners. PATRICK GIBSON, WILL. MACKENZIE, for RODR. MACKENZIE, & self. Richmond, 20th Oct. 1798. (6v)
William Mackenzie & Co.
By several Ships from LONDON and LIVERPOOL have received A GENERAL ASSORTMENT OF FALL GOODS,
Which they will dispose of on low terms, by WHOLESALE, at their Store, three doors below the Eagle Tavern, Richmond, October 22, 1798. (6w)
THE CO-PARTNERSHIP OF William Ruffel & Temple,
GROGERS,
HAVING dissolved by the death of William Ruffel,—the BOOKS and PAPERS are in the hands of LISTON TEMPLE for settlement, where those indebted will please call and discharge their respective balances, and those who have claims against the late co-partnership will apply and receive payment. Liston Temple Continues to carry on the above business, and shall be thankful to his Friends and the Public for their custom, which he shall endeavour to merit by keeping A General Assortment of GROCERIES of the First Quality and on the most reasonable terms. Richmond, Nov. 5th, 1798. (4w)
Lately Published,
AND FOR SALE AT SAMUEL PLEASANTS? PRINTING-OFFICE, RICHMOND, [Price 2 shillings] A SELECTION OF HYMNS
AND Spiritual Songs.
FROM THE BEST AUTHORS, BY ANDREW BROADHURST, V.D.M. May 12.