Virginia Argus (Richmond, Va.), 1805-01-26 00:00:00

VIRGINIA ARGUS
[Vol. XII.]
A FREE PRESS MAINTAINING THE SOVEREIGNTY OF THE PEOPLE.
[No. 1125.]
RICHMOND:—PRINTED (ON WEDNESDAYS AND SATURDAYS) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
[Four Dollars Per Annum...paid in advance.]
SATURDAY, JANUARY 25, 1805.
[12 1-2 Cents Single.]
Advertisements, not exceeding a square length, are inserted in this paper for seven-five cents the first time; three dollars for three weeks (6 times); and for every additional insertion thirty-three cents. Long ones in the same proportion—unless a special contract be made by the year.
Valuable Medicines.
Public confidence has never been more deliberately and firmly reposed, and perhaps in no instance more justly, than it appears in the efficacy of HAMILTON'S WORM LOZENGES, prepared and sold, wholesale and retail, by RICHARD LEE, no. 56, Maiden-lane, New York. And in Richmond, (only) at S. Pleasants' Printing-office.
The proprietor has lately presented to the public eye the testimony of the Hon. A. C. Hanson, Chancellor of Maryland, the Rev. Mr. Moulder, and of other distinguished and respectable characters. The following cases, of more recent occurrence, are now respectfully submitted.
Copy of a letter from Mr. Henry Ackerman, Brick-layer, Magazine-street, near Broadway, Jan. 24, 1804.
SIR—It would be ungrateful were I to withhold my testimony in favor of Hamilton's Worm Destroying Lozenges. I had been between five and six years past much indisposed, and latterly often tormented with severe griping and pains of the bowels, troubled with offensive breath, and with violent feverish fits, and other obvious symptoms of worms; but frequently hearing your Worm Lozenges recommended in cases similar to mine, I determined on a trial of them, as my last resource. The first dose evacuated twelve or thirteen feet of a tape worm; two other doses were taken which brought away a quantity of matter like broken skins and pieces of worms. I suppose the tape worm, voided at different times, must have exceeded forty feet. The almost incredible benefit I received from this medicine, induced me to give a dose to a child of mine who was pining and sickly: it produced the same good effect in this instance, expelling a worm of a different kind, from nine to twelve inches long, and at the same time restoring a good state of health. I remain, Sir, yours, &c.
HENRY ACKERMAN.
To Mr. Richard Lee.
FOR SALE AS ABOVE.
Hamilton's Essence and Extract of Mustard.
A safe and effectual remedy for acute and chronic Rheumatism, Gout, Rheumatic Gout, Palsy, Lumbago, Numbness, White Swellings, Chilblains, Sprains, Bruises, Pain in the Back and Neck, &c.
AN OUNCE OF PREVENTION IS WORTH A POUND OF CURE.
For the prevention and cure of Bilious and Malignant Fevers it is recommended.
Hahn's Anti-Bilious Pills.
The operation of these pills is perfectly mild, so as to be used with safety by persons in every situation, and of every age.
Hamilton's Elixir.
A sovereign remedy for Colds, Obsolete Coughs, Asthma, Sore Throats, and approaching Consumption.
To Parents—who have children afflicted with The Hooping Cough.
This discovery is of the first magnitude, as it affords immediate relief, checks the progress, and in a short time entirely removes the most cruel disorder to which children are liable. The Elixir is so perfectly agreeable, and the dose so small, that no difficulty arises in taking it. From LUTHER MARTIN, Esq. attorney general of the state of Maryland.
GENTLEMEN—I comply with your request in stating my opinion of Hamilton's Elixir. It has been used in my family for two or three years past with uniform success, whenever colds, coughs, or similar complaints have rendered medicine necessary. I have myself found it an excellent and agreeable remedy for a very painful and troublesome affection of the breast, accompanied with soreness, and with obstructed and difficult breathing.
On these accounts, I do not hesitate to recommend Hamilton's Elixir as a valuable medicine, and deserving public attention.
LUTHER MARTIN.
HAMILTON'S
Grand Restorative.
Is recommended as an invaluable medicine for the speedy relief and permanent cure of the various complaints which result from dissipated pleasures—juvenile indiscretions—residence in climates unfavourable to the constitution—the inordinate use of tea—frequent intoxication, or any other destructive intemperance—the unskillful or extensive use of mercury—the diseases peculiar to females at a certain period of life—bad lying in, &c.
Hahn's true and genuine
German Corn Plaster.
An invaluable remedy for corns, speedily removing them, root and branch without giving pain.
The Genuine Persian Lotion.
So celebrated among the fashionable throughout Europe, as an invaluable cosmetic, perfectly innocent and safe, free from corrosive and repellant minerals (the bafsal other lotions) and of unparalleled efficacy in preventing and removing blemishes in the face and skin, of every kind—particularly freckles, pimples, inflammatory redness, scurf, tetter, ring worms, sun burns, prickly heat, &c.—The Persian Lotion operates mildly, without impeding that natural, insensible perspiration, which is essential to health; yet its effects are speedy and permanent, rendering the skin delicately soft and clear improving the complexion, and restoring the bloom of youth—never failing to render an ordinary countenance beautiful, and a handsome one more so.
The Restorative Powder for the Teeth and Gums.
HAHN'S GENUINE EYE WATER.
A sovereign remedy for all diseases of the eyes whether the effect be natural weakness or of a violent, speedily removing inflammation, defluxions of rheum, dullness, itching and films on the eyes; never failing to cure those maladies which
frequently succeed the small-pox, measles and fever, and wonderfully strengthening to weak sight. Hundreds have experienced its excellent virtues when nearly deprived of sight.
Tooth-Ache Drops,
The only remedy yet discovered, which gives immediate and lasting relief in the most severe instances.
The Anodyne Elixir,
For the cure of every kind of head ache.
The Damask Lip-Salve.
Infallible Ague and Fever Drops,
For the cure of Agues, Remittants and Intermitting Fevers.
Thousands can testify their being cured by these drops after the bark and every other medicine has proved ineffectual: not one in a hundred has had occasion to take more than one, and numbers not half a bottle.
The Sovereign Ointment for the Itch,
Which is warranted an infallible remedy at one application, and may be used with the most perfect safety by pregnant women, or an infant a week old, nor contain a particle of mercury or any dangerous ingredients whatever; and is not accompanied with that tormenting smart which attends the exhibition of other remedies. For the cure of a certain deplorable Malady,
The Indian Vegetable Specific.
The Medicines prepared by Richard Lee, have been in high estimation and general use throughout the United States, for upwards of six years; many of them are sold for less than the price at which they are compounded, and could be purchased at a retail store.
It is no inconsiderable evidence of their utility, that during the above period, numerous imitations of every article (the production of ignorance and inexperience, urged by envy and penury) have intruded on the public, seen a day and then perished; others now succeeded them, which in like manner are fast descending "to the tomb of the Capulets," while our remedies become more generally used and acquire a daily accession of well earned celebrity.
To prevent the imposition of worthless or dangerous preparations, purchasers are requested to remember, that an engraved label, with the signature of Richard Lee's (to counterfeit which is felony) is affixed to each of his genuine medicines.
THE PHILADELPHIA
Medical and Physical Journal;
Part I. Vol. 1.
Collected and arranged by BENJAMIN SMITH BARTRON, M. D. Professor of Materia Medica, Natural History and Botany, in the University of Pennsylvania.
Just published in Philadelphia, and for Sale by S. Pleasants, Jr. Richmond.
The general plan of this work will be that of "The Medical and Physical Journal," "The Medical Annals," "The Annals of Botany," and other similar books that are printed in Europe and in the United States: It will contain,
1. Original communications relative to all the branches of Medicine, Natural History, and Physical Geography.
2. Biographical sketches of the lives of eminent Physicians and Naturalists.
3. Reviews of, and extracts from new publications in Medicine, natural history, & Geography.
4. Miscellaneous extracts of various kinds, all however relating to the expressed objects of the work.
The Philadelphia Medical and Physical Journal will be published every six months, each No. will contain 200 pages, printed on a good type and paper—the 2d part of vol. 1 will be published early in May—the annual subscription will be two dollars, or one dollar each No. in boards.
In conducting of this work the editor will have a constant eye to the pursuits of the physician, the naturalist, the philosophical geographer, and the agriculturalist. It will be his uniform endeavor to bring together a mass of information, which may be useful not only to his countrymen, but to others, and honorable to himself.—Also, Volney's View of the Soil and Climate of the United States of America.
Pinkerton's Modern Geography, 2 vols. and Atlas, containing 64 maps.
Kirkbride's Defence of Stockholm.
The Pennsylvania Farmer, a new and interesting work.
The Virginia Magazine for Nov. 1804.
Stephens's Wars of the French Revolution.
THE FOLLOWING ARTICLES,
Are for sale at Dr. Wilson's Apothecary Shop opposite the Bell Tavern, to wit:
Red and white Lead, Verdigris, Spanish Whiting, Spanish Brown, Umber, Naples Yellow, Blue Smalt, Brown Pink, Rose Pink, Flake White, Gold Leaf, Liquid Gold Size, Copal and Spirit Varnish, Camel's Hair Pencils, Yellow Ochre, Litharge, Sugar of Lead, &c. &c. Also a quantity of Salt Peter.
He wishes to rent a stand for an Apothecary's Shop in the neighbourhood of the cross street leading to Mayor's bridge.
26th Dec. 1804. WIT
HUGH J. CRAWFORD,
Has just received per the ship Alexander, from London, a general assortment of genuine
Drugs and Medicines,
Which he will dispose of on moderate terms.
Richmond, Dec 24th, 1804. W2m
FOR SALE,
A valuable Tract of Land,
Lying on Beaver creek, containing 800 acres, with a good dwelling house 38 feet by 28, two stories high, with 4 rooms on the lower floor and 2 above, with a very large peach orchard and a small apple orchard, with about 100 acres of cleared land, now in good order for corn, wheat and tobacco—This tract is well watered, well timbered and lies remarkably level, for this part of the country, it being in 2 miles of the courthouse. As I would wish to move to Kentucky next fall, I would give possession then, and the purchaser be furnished with corn and stock of all kinds, at the market price. For terms apply to me, living on the premises.
John S. Woodson.
Henry county, Nov 29, 1804.
Blank Notes, and Checks,
Either by the single quire or bound up in books, FOR SALE AT THIS OFFICE.
THE subscriber having rented the new BRICK HOUSE on the main street, near Major DuVal's, will be happy in accommodating a few gentlemen with BOARD on reasonable terms.
Peter Moseley.
Shockoe Hill, Jan. 5, 1805. WIT
BY virtue of a deed of trust executed to the subscriber by James Ferguson, of the county of Buckingham, for the purpose of securing a debt due to Brown, Murphy & Co. for the sum of seventy-five pounds five shillings and eight pence, with interest thereon from the twenty-third day of April, eighteen hundred and three, and the expenses attending the execution of this trust—Will certainly be SOLD, to the highest bidder, for ready money, on Saturday the twenty-third day of February next, on the premises, at the house of the above named James Ferguson, in the aforesaid county of Buckingham.
A CERTAIN TRACT OR PARCEL OF
LAND,
Containing six hundred and seventy-four acres, and bounded by the lands of George Burks, sen Joseph C. Miggison, Joseph Cabell, and Col. Smith—Also, a bay Mare, 2 yoke of Oxen, nine head of Cattle, and a Feather Bed, or so much thereof as may be sufficient to discharge the above debt, &c.
Will also be sold, at the above mentioned time and place, to the highest bidder, for the best price that can be obtained, in ready money,
One Negro Woman Slave,
Named Pat, and her increase, if any, since the execution of this trust—by virtue of a deed of trust executed to the subscriber by George Burks, sen. Murphy & Co. for the sum of one hundred and forty-seven pounds two shillings and two pence, with interest thereon from the twenty-fifth day of April, eighteen hundred and three, or so much thereof as may be found due.
John Higginbotham, trustee.
Amherst, 16th Jan. 1805. Gw
BY virtue of a deed of trust executed to the subscriber by Benjamin Burton, of the county of Buckingham, for the purpose of securing a debt due to Hires, Murphy & Co. for one hundred and sixteen pounds three shillings, with interest thereon at the rate of six per cent per annum, from the twenty-fourth day of December, eighteen hundred and two, and the expenses attending the execution of this trust—Will certainly be SOLD, to the highest bidder, for ready money, on Monday the eleventh day of March next, at Buckingham Courthouse, it being court day.
A CERTAIN TRACT OR PARCEL OF
LAND,
Lying in the county aforesaid, on the waters of Muddy creek, and bounded by the lands of Nathaniel Burton, Jesse Burton, Matthew Robertson and Edward Maxey, containing by estimation three hundred and fifteen acres.
Daniel Higginbotham, trustee.
Amherst, 16th Jan. 1805. Gw
Congressional Register.
HOUSE OF REPRESENTATIVES.
Tuesday, January 15.
The bill to prohibit the exaction of bail upon certain suits within the district of Columbia, was brought in, engrossed, and read a third time.
The final passage of the bill was opposed by Mr. Goddard, Mr. Root and Mr. Nelson, and defended by Mr. Newton, as a proper measure to prevent the oppression of malignant creditors.
Mr. Eppes desired Mr. Beckley to read that part of the constitution of the United States relative to the extent of the judicial power, and that part of the law establishing the judicial authority of the district of Columbia, with a view of showing that the bill was not essentially necessary.
Mr. Early moved a re-commitment of the bill to a select committee.
Mr. Bedinger expressed his wish that the bill might go to a select committee, because he considered the principle a valuable one. He imagined, however, that the details were not altogether perfect. He felt concerned on this subject, on account of several of his constituents, who had been tricked out of notes and bonds, for lands in Kentucky, which had been advertised, and were no longer available against the drawers in that state; but should it so happen that business called them to Washington, they might be extremely harassed for want of bail.
The reference was opposed by Mr. R. Griswold, as he was against the principle of the bill altogether.
On the question to recommit, it passed in the negative—Ayes 44—Noes 59.
The question was then taken on the passage of the bill, and it was lost, there being about thirty members who voted in its favor.
On motion of Mr. Dana, the committee of claims was discharged from the further consideration of the petition of Stephen Sayre, and the petition with the accompanying documents was referred to the Secretary of State.
Mr. McCreery presented the petition of Wm. Smith, of Baltimore, stating his being in possession of four continental loan office certificates, signed Samuel Hillegas, whereon four years interest had been paid by Michael Hillegas, treasurer of the United States, in bills on France, but which certificates the commissioners under the funding system had refused to receive on
loan, praying that congress would make provision for the same.
Referred"> Referred to the committee of claims.
The report of the committee of claims, made at the last session, on the petition of J. F. Randolph, and Randolph Maginnis, was referred to the present committee of claims.
Mr. Huger from the committee appointed for the purpose, reported a bill, authorising the post master general to make further provision for carrying the mail between Fayetteville, N. C. and Charleston, S. C. not exceeding 4200 dollars per annum. The bill was read twice and referred to a committee of the whole for tomorrow.
Mr. Crowninshield presented another petition from the house of Bailey & Bogaert of New-York, who had suffered by the recent fire in that city a loss of an immense quantity of merchandise, praying that congress would extend the time of their bonds given for duties on the same. Referred to the committee of commerce and manufactures.
Mr. Rhea's (of Tennessee) motion calling on the secretary at War for the list of officers and soldiers in the service, and the names of forts, &c. where they are stationed, being the unfinished business of yesterday, was at his own request postponed till Monday next.
On motion of Mr. Dawson the petitions of Marcella Stanton and two others, praying for divorces presented at the last session, was referred to a select committee of five.
On motion of Mr. Thomas a committee was appointed to enquire whether any & if any what alterations are necessary in the laws regulating the grants of land appropriated for the refugees from the British provinces of Canada and Nova Scotia—with liberty to report by bill or otherwise.
On motion of Gen. Stanton the petition of Edmund Briggs and others praying to receive the bounty withheld from them by the collector of Newport, (Rhode-Island) because they had not in every respect complied with the forms and conditions prescribed by law, was referred to the committee of commerce and manufactures.
On motion of Mr. Jackson the petition of Jacob Whitzill praying relief in consideration of losses and injuries sustained in his person and property, whilst a soldier in a detachment of troops employed against the Indians during our revolutionary war—was referred to the committee of claims.
Wednesday, January 16.
A message from the senate, by Mr. Otis, their Secretary, informing that the Vice-President of the United States and President of the senate, had obtained leave of absence, and that the senate having proceeded to the choice of a President pro tempore, had elected Mr. Anderson, of Tennessee.
Mr. Speaker laid before the house the report of the Secretary at War, on the petition of the military officers stationed at New Orleans, which was referred to a select committee of five.
Also the report of the Secretary of the Treasury, on the petition of Fontaine Maury, praying a drawback on certain coffee transported coastwise.—Referred to the committee of commerce and manufactures.
A petition from captain John Badger, of the revolutionary army, who was disabled in the service by very severe wounds, praying relief, was read and referred to the committee of claim.
On motion of Dr. Leno, the house, according to the order of the day, resolved itself into a committee of the whole on the bill to amend the charter of George Town.
Mr. Gregg in the chair.
After going through the same, and making several verbal alterations, the committee rose, and reported the bill with amendments, which were agreed to by the house.
General Varnum moved to give the mayor of George Town a qualified veto upon the laws passed by the aldermen and common council.
On the question to agree to the same, the house divided, and there appeared 39 in its favor, and 40 against it.
The Speaker declared that it was not agreed to.
Mr. Smilie said he had risen in favor of the motion, but he believed he had not been counted as the Speaker had passed his seat before he rose.
The question was thereupon put a second time and there were 45 in favor of the amendment, and 42 against it—So that the amendment was agreed to.
The next question was on ordering the bill to be engrossed for a third reading. The house divided, and there were for the motion 57, against it 13. Not being a quorum the members were called upon to divide a second time, and there appearing 63 in favor of ordering the bill to be engrossed, it was carried in the affirmative.
A message was received from the senate by Mr. Otis, their Secretary informing that the senate had passed the bill received from this house, authorising the corporation of George Town to erect a dam or causeway from Mason's island to the West side of the Potomac.
On motion of Mr. J. Randolph, the house resolved itself into a committee of the whole, or the bill making appropriation for the support of government for the year 1805.
Mr. Dawson in the chair.
The various blanks being filled up, the committee rose and reported the same, which being agreed to by the house, the bill was ordered to be engrossed for a third reading for Friday next.
Thursday, January 17.
Mr. J. Randolph said the committee of Ways and Means had received a letter from the secretary last evening, by which it appeared to be necessary to add an additional item to the appropriation bill, and to make a small alteration in an item already agreed to. The letter was read by the clerk, and then on motion of Mr. J. R. the bill was recommitted to a committee of the whole.
Mr. Dawson in the chair.
After some time spent in considering the same, and making the requisite amendments, the committee rose and reported; the house thereupon proceeded to consider the motion, and having concurred in the amendments reported by the committee of the whole, the bill was ordered to be engrossed and read a third time to-morrow.
Mr. Dawson presented a petition from a number of the inhabitants of Detroit and its vicinity, praying an alteration in the law for the disposal of the public lands of the United States. Referred to the committee appointed on the seventh of January last, on the same subject.
Mr. Claiborne moved the order of the day for the house to resolve itself into a committee of the whole, on the bill making further provision for the extinguishment of the debts still due from the United States.
Mr. Varnum in the chair.
This bill goes generally to make provision for the payment of certain debts liquidated at the Treasury.
A new section was proposed by Mr. Claiborne, making similar provision for all unliquidated debts due for services rendered or supplies furnished during our revolutionary war.
A debate of considerable length and interest grew out of the question for adding it to the bill.
On motion the committee divided and 78 members voting in favor of inserting it in the bill, it was carried.
A motion for striking out the last section, limiting the duration of the bill to 3 years was made by Mr. Macon, (Speaker); another debate of some length took place, and when the committee divided there were 48 in favor of striking out, and 58 against it—so it was determined in the negative.
Mr. Elmer proposed a new section embracing the cases of Messrs. Bowen, Monroe, and Elmer, officers of artillery, but who were not attached to the line of any state, providing for an allowance of the depreciation of their pay, which they did not obtain under the resolution of the old congress, in consequence of having resigned a few days previous to its taking effect.
This motion did not succeed, only 18 members voting in its favor.
Mr. Thomas proposed a new section enacting that the claims of the United States against individual states for balances which occurred previous to the year 1790, should continue to exist till the day of and no longer.
This motion was also lost, only 20 rising in its favor.
The last section limiting the duration of the law for 3 years being under consideration, it was proposed to fill up the blank with 2, 3, and 20.
The question was taken on the highest number, viz. 20, and lost only 27 members voting in its favor.
On filling it with 3 years the house divided, and were 51 in the affirmative and 42 in the negative, so it was carried.
The committee then rose and reported the bill and its amendments, and the house proceeded to consider the same.
A considerable debate took place on concurring in the amendment proposed by Mr. Claiborne, extending the law to unliquidated claims, and upon the question of concurring the house divided, and were for it 54 against it 56—so the amendment was not agreed to.
Several verbal amendments were afterwards agreed to, and the bill was ordered to be engrossed for a third reading to-morrow.
On motion of Mr. Thomas, Mr. Varnum, of New-York obtained leave of absence from Monday next to the end of the session. Adjourned.

Substance of a Speech delivered by Mr. Smyth (of Wythe), before the committee of the whole, to whom was referred the petitions of the Loyal Company, and of the settlers in the Western country.
Mr. CHAIRMAN. It is expedient to examine, 1. The claim of that body of men called, "the Loyal Company," to lands in the western parts of Virginia. 2. The claim of the petitioners, the settlers on the same lands. 3. The various acts of the legislature affecting the rights of either. 4. The various decisions of the courts touching the subject. And, 5. The course which should now be pursued.
1. In driving the title of the company their eminent counsel has stated, that the king was lord paramount, in Virginia—that his governors accordingly granted lands, and annexed as conditions, longer or shorter periods for surveying the lands granted.
These points are not controverted. It is admitted that where there were no claims to lands, founded on municipal or natural law, the king, or his governor and council might grant lands; and if the condition annexed was complied with, the grantee became entitled.
The members of the Loyal Company knowing this power to rest with the executive; knowing too, perhaps, that there existed a disposition to abuse it, confederated themselves by articles, and petitioned for 800,000 acres of land on the frontiers. The executive, contrary to the duty of the crown, although perhaps, acting within its powers, granted the moderate request on the 12th June, 1749, and allowed four years, within which the land should be surveyed.
If it is essential to the goodness of such an order, that it should have certain limits, then that was not a good order:—Because it was so vague that the company might have begun on any point of the North Carolina line, between the Atlantic and the Mississippi; and as the company contend they were not obliged to survey their land in a compact body, according to that exposition of the order, it included the whole state, and gave them 800,000 acres wherever they pleased to survey it, even in spots of 10 acres each. Such an order, being wholly vague and unlimited, cannot be good and valid.
But the four years allowed to survey the land expired; and so the condition annexed not being complied with, the order would have expired also. But on the 14th June, 1753, the council passed another order, giving four years more to survey the land. In this order, the land allowed the company is described as lying "on the Mississippi, in Augusta county." By this second order the company were somewhat more circumscribed; but still might have begun at any point on the line of North Carolina, between the Alleghany and the Mississippi, a distance of 450 miles.
When however, these two orders are combined, and when we understand them as meaning to allow one compact body of land to the company, the description becomes much more special than by the first order alone, to wit: beginning on the line of North Carolina, and running north and westward to include 800,000 acres on the branches of the Mississippi. This gives them the county of Grayson exactly—in which there is perhaps just the quantity of land required.
There is in existence sufficient proof that the company so understood their order—but they have endeavored to conceal it. Their survey, No. 1. is a small square on the North Carolina line.
They have not returned the plat and certificate of that survey. It proved they considered themselves bound to join that line, and, from its square form, we may infer they intended to join to it other surveys, to complete the quantity.
But the company found the Grayson land barren. They therefore removed to the fertile valleys found in Washington, Wythe and Montgomery; and made 96 surveys in the second period of four years, besides the survey No. 1. Those 96 surveys, numbered from No. 2 to No. 97 inclusive, have been returned to the register's office. They are scattered through a district of country, 120 miles in length.
The second four years expired on the 12th July, 1757. The nation was then engaged in war, which was terminated by treaty in 1763. At which time the king whose supremacy the company should not dispute, forbade by his royal proclamation and instructions to his governors, the issuing of any more grants for lands on the western waters.
Yet, in May, 1763, the company petitioned for an extension of their grant. It was refused; because the council were restrained by the instructions of the king. It will not, I presume, be denied by the company, who contend for the unlimited power of the crown as to lands, that the king might restrain his governors; that they had no power but what they derived from him; and that they could not derive from him a power to act contrary to his will. If this is admitted, I call for proof that the will of the king ever changed; or that he ever, after 1763, authorized a grant on the western waters, then forbidden by him.
It is said this refusal proceeded from a system of policy, unfriendly to America. But the policy of the government will perhaps not alter the legality of its constitutional acts. If so, the impolicy of granting 800,000 acres of land to a few young gentlemen, favorites of the court, must be evident, and may be urged to avoid the orders in favor of the company.
We come next to the order of 1773. Instructions had been given by the king, that part of the western lands should be located for the officers and soldiers of the late army. The company by their emissaries, procured signers to a petition in the western country, praying that the officers might be restrained from locating actual settlements. The company's agent petitioned also, and the council ordered, that the officers and soldiers should be allowed to locate their lands where they desired, not interfering with actual settlements made before October, 1763. They also provided, that the settlers should have certain lands on account of their settlements, which are to be taken as part of the "grants when the land office should be open to them."
To the passage of a part of this order, the council were competent. To the passage of another part of the order they were incompetent. They had received orders, first, to grant no land on the western waters—2dly, To cause to be located the army lands on the western waters. They were thus restrained from granting the western lands with one only exception. They had a right to order that the army lands should be so located, as not to include settlements. But they had no power to grant the remaining lands to the company or the settlers, or both; for as to them there was no exception.
It is therefore contended, that this order was good, and consistent with the powers of the council, so far as it restrained the officers from locating settlements; because the instructions from the king, being to suffer to be located, and to grant lands to the army, a power necessarily arose to fix the place where those lands should lie, on the western waters; and consequently the council had a right to say that the surveys made for the army should not include settlements. But they had no power to revive the order of the Loyal Company. So they acknowledged in 1763; and if in 1773, they had other powers, where is the evidence thereof? Yet in pursuance of this order, numerous surveys were made, in most instances, including the settlements of settlers, in some including mere waste land. The surveys made are scattered through a tract of country 200 miles in length, and some of them 150 miles from the line of North Carolina. It has been asserted the surveyors told the settlers they would lose their land, unless it was surveyed under the company; that they would survey for the officers and soldiers. Thus the people were deluded or terrified to suffer their settlements to be surveyed as part of the Loyal Company's grant. But in making those surveys, no attention was paid to the terms of the order of 1773; as the company have declared. They say they paid "no regard to the restrictions of the order." So that if the council in 1773, had power to revive the order to the company, the surveys were void; because not made according to the terms of that order.
When in 1779, the legislature resolved to open the land office, it appears doubts were entertained as to the right of the Loyal Company to surveys made since 1757. The legislature referred it to the court of appeals, to determine on, and establish such claims as might be considered as coming within the description declared valid by the legislature.
The assembly declared surveys by order of the council should be valid, if made while the order was in force, and by a county surveyor, commissioned by the masters of the college; and referred it to the court of appeals to establish such particular claims as came within that general description. The court of appeals, instead of deciding on particular cases, gave another general description, and left its application to the register. They in 1783, passed a general order on hearing the company and the commonwealth by council, "that surveys made before 1776, by virtue of the orders of council, to the Loyal or Greenbrier Company, by a county surveyor, or his deputy, qualified according to law, ought to be confirmed."
I will only remark in this place, that the court of appeals did not pursue the authority given to it. They should have declared that certain surveys, specially described, were "established." The general assembly had given a criterion for establishment or rejection, which the court of appeals were to apply. The court gave another criterion for establishment, and directed the register to apply it. The legislature had said surveys were good, if made by a surveyor "commissioned by the masters of the college." The court of appeals said they should be good if made "by a deputy." Now Sir, the law confirming certain surveys made by a commissioned surveyor, did, or did not, include those made by his deputy; if it did, the court needed not to mention the deputy; if it did not, the court had no power to confirm those made by a deputy. Many of the surveys returned are signed by a deputy only. All of them are made by deputies as far as I know or believe.
Any further observations on this decree of the court of appeals, I will reserve until I come to examine the decisions of the courts affecting this question.
Upon the passage of this order by the court of appeals in 1783, the Loyal Company returned such surveys as they conceived were embraced by its general terms. They paid the fees and composition money thereon. Much of the land has been granted—some to the settlers in whose names it was surveyed—some to other persons, for no better reason than that the agent of the company thought fit. And thus stands the claim of the company.
2. I will now state the claim of the people, the settlers, to the same lands.
Although I have agreed with the company's council in ascribing high powers to the king, yet I contend that it is the duty of the sovereign to exercise his constitutional powers for the good of the subject. When the English laws declare the king lord paramount, and general proprietor of the soil, it is only meant that he is a trustee for the nation. If three-fourths of the country was waste land, to which no subject had a right, it would be the king's duty to grant it out, that it should be cultivated. It would most certainly be his duty, if the laws provided, that every cultivator who would, might acquire in a particular way, 400 acres.
If a prince should refuse during his life to execute such a law the cultivator would have an equitable, a pre-emptive right, to a grant from his successor; and that equitable right should be considered as commencing with the possession of the cultivator. It could not be lessened, by the delay of the sovereign to give him a title according to the laws.
In 1748, the legislature of Virginia provided that he who would, might enter 400 acres of vacant land and should have a grant for it, on paying the composition money and fees.
The king's instructions to his governors, and proclamation in 1763, was a suspension of this law; and although obligatory in preventing grants emanating from executive discretion only, was void, so far as respected the subject, by the English bill of rights, which denies to the crown the power of suspending laws.
The subject, then denied by the government, his lawful right to 400 acres of waste land, obtained by its settlement thereon, an equitable right thereto. The government by denying him a legal title, could not give to itself a right to grant those lands to another, whose attempt to procure them should be made at a subsequent time.
Such is the foundation of the right of the western settler. The government would not execute the law, and grant him 400 acres. He therefore took possession of it, thereby doing all he could to acquire the property, and waiting until the executive authority should see fit to do its duty, and grant him a title.
It is stated by the company, that the settlers petitioned for the establishment of the company's grant. Certain it is that the company got transient persons to petition. It is also stated the settlers obtained their lands to be surveyed. That either of these circumstances should affect the people, even if true, is not admitted: for the people were ignorant of their rights, alarmed and frightened into those measures; truth was suppressed, and falsehood suggested, and any thing done by the settlers under such circumstances is not obligatory on them.
The order of council of 1773, which protects the settlers from the location of the officers and soldiers, is an admission of their equitable right. Their farms were not considered as mere waste land. For if so considered, they were liable to location. Neither was it considered that the Loyal Company had a right to them; for the order expressly allows the settlers to hold under the officers and soldiers, if they think fit—which could not be, if the company's order was in force, and the settlers resided within its limits.
The next recognition of the right of the settlers took place in 1776. It is mentioned in an act passed in 1777. It is there stated that the assembly in 1776, had resolved, "that settlers on unappropriated lands, to which there was no prior just claim, should have the pre-emption of a grant to such lands;" and the act of 1777 goes on to declare that the lands in their possession, and thus secured to them, ought to be taxed, and they are taxed accordingly. Thus we see that before the passage of the act of 1779, for adjusting claims to unpatented lands, the right of settlers was acknowledged by the king's council, by the people in convention, and by the legislature, as a right of property, for which they paid taxes.
The next recognition of the rights of the settlers, was by the legislature of 1779. They declared that the settler had acquired a property at his charge and risque; that it ought to be secure, and the fault is attributed to the king that they had not got their titles long before.
From whence I contend that the settler's right of property is to be considered as commencing with his settlement; for if not, the legislature had no right to prefer him by law to another man. If the settler had no right to the land before 1779, the legislature had no right to confer on him, in particular, a right in 1779. I contend also, that if the legislature expressly tax a man for lands possessed by him, the title to which before was in the commonwealth, this operates as a confirmation of his right, and the commonwealth cannot afterwards justly sell the lands to another.
The recognition of the settlers' right, confirms it from the beginning. Thus an act, lawful at first, becoming unlawful, is considered as unlawful from the beginning. An act unlawful at first, acknowledged lawful, is rendered lawful from the beginning. The settlement by the settler was never unlawful; but had it been so, being acknowledged lawful in 1779, it is to be considered as a lawful possession and appropriation from the time of settlement.
The legislature seem to have considered the possession of the settler of the land, as equal to an entry of 400 acres, with the surveyor; as giving an inchoate right. And justly; because it was the fault of
the executive that such entries were not received.
And if such an entry had actually been made after 1757, and before 1773, can there be a doubt but what it would have prevailed against a Loyal Company survey made in 1774, founded on the order of 1773? I think not.
Moreover, the legislature in 1777, having taxed the settlers for the lands, could not in justice pass in 1779, any law, giving those lands to the Loyal Company. And therefore, the Loyal Company's right should stand as it did before 1776, unaided by any subsequent law.
3. Agreeable to the order I have prescribed to myself, I will next examine the acts of the legislature on the subject.
The act of 1748 allowing entries for 400 acres, and the act of 1777, taxing the people for the lands they were settled on, have been mentioned already, as has the act of 1779. Some clauses of the latter require particular notice.
The first section of the act of 1779, confirms surveys of waste and unappropriated lands made prior to 1778, by a county surveyor, by an order of council, while in force, &c.
The fourth section confirms the right of settlers on waste and unappropriated lands, made prior to 1778.
The survey to be good, must be on waste and unappropriated lands.
The settlement to be good, must be on waste and unappropriated lands.
If settlements made in 1765, and survey in 1775, which gives the best right? I answer the settlement. Because it was on waste and unappropriated lands, and is confirmed. The survey was not on waste and unappropriated lands; and so is not confirmed.
If survey in 1754, and settlement in 1764, which gives the best right? I answer the survey; because it is confirmed; the settlement is not, by the fourth section. Any right the settler may have to be preferred as a purchaser of such a survey depends on the terms of sale by the company offered. These purchases are noticed in the seventh section, and it is to them the ninth section, providing a forfeiture, relates.
It has been contended that the seventh section which speaks of settlers on lands surveyed for companies, and the ninth which forfeits their claims, unless they paid the purchase money in six months, extends to persons who being settled on waste land before 1774 had their lands surveyed in 1774 and 1775, by the company's agents. An opinion that no disinterested judge could hold. The act runs thus; "Upon land surveyed for sundry companies, by virtue of orders of council, many people have settled." Here we must understand the surveys as having preceded the settlements.
So far as this section affects the Loyal Company's rights, it extends to the 96 surveys made in 1753 and 1754, in the name of John Lewis, on which people afterwards settled. Their right depended on contract. Their claim was to be submitted to the commissioners, and to be forfeited if they did not pay the purchase money in six months.
This forfeiture could not extend to those settlers in whose own names surveys were made; for the survey being made for them was evidence of their right, and only to them could a grant issue.
But as this principle of forfeiture for non payment, is one the company ask may be restored, and applied to the claimers of all the surveys, I will examine it.
If it was the case that by contracts the titles to those surveys were to be retained as a security, was it reasonable, was it just, was it constitutional, for the legislature to declare that the claim of the purchaser, his farm produced by labor and toil, should be forfeited in six months? It was an odious act—an act disgraceful to Virginia's statute book. Was the same speedy remedy ever given to any other persons but the Loyal Company? Was the same speedy justice ever provided against any other description of citizens? I believe not. It follows that an exclusive privilege was granted to the company.
I come next to consider the act of 1793. Thereby absolute forfeiture is taken away, and a power is given to make the money by distress. Distress with a vengeance! A part of the land was to be laid off by the sheriff, and sold for the money. Under this act, I knew a tract claimed by a widow and orphans to be sold entirely; the agent conceiving the whole was as small a part as it was expedient to sell.
It is recited in this act that the titles of the settlers have been "evicted by the court of appeals."
As this recital is not true, and as that is important to be proven; I shall hasten to examine the decisions of the courts upon the subject.
But before I proceed thereto, I will notice the act of 1794, which repealed the act of 1783. It is complained of as unconstitutional. Did it ever enter into the head of council before, that it was unconstitutional for a legislative body to repeal a law? If legislating for the company is constitutional, repealing the laws made is also. Can a legislature be said to "impair contracts," who having improperly interfered with them, afterwards withdraw their interference? I think not.
4. By the act of 1779, section 10th, claims for lands upon surveys under orders of council, were directed to be laid before the court of appeals, who were to determine thereon, and none were to be valid but only such as they should hear and establish. The attorney general was
ordered to attend the court for the commonwealth.
A question arises. In what capacity did the judges of the court, if appeals act? Did they act in their appellate capacity, and give a decision not re-examinable in any court? Or did they act as commissioners appointed by the legislature, to advise the register what grants to issue?
I say they did not act in their judicial, and appellate character. They might have objected to the constitutionality of such a reference to them, as the federal judges did to the law of congress referring to them to say what pensions should be granted. They cannot be considered as a court deciding in the last resort: For before them there was no cause, action, or suit, brought there by appeal, writ of error, supersedeas, or otherwise. There were no parties. They acted in an extra-official, extra-judicial capacity, as commissioners appointed by the legislature to compare plats and certificates of survey with orders of council, and certify to the register that they corresponded.
It appears by the act itself, that the determination to be had was one which only affected the company and the commonwealth. The attorney general was to attend for the commonwealth. Can any man say that where a settler claimed 400 acres by settlement made in 1765, and a deputy surveyor claimed the same land by survey made for himself in 1775, that this certificate of the court of appeals decided the matter between them, and that in the last resort? Shall the settler who made a farm in 1765, paid taxes for it in 1777, had it adjudged to him in 1780 by the western commissioners, and had a grant in 1782, shall he in 1783 be evicted by an extra-official act of the court of appeals, whereof he had no notice, where he was not a party, and his name perhaps never heard? No just and disinterested man will assert this. No judge could assert this; unless by suffering himself to judge his own cause, he had placed himself in a situation where on account of his interest he was no longer capable to discern the most obvious principles of justice.
Yet strange to tell! The court of appeals in 1791; present three judges; one of whom was a member and president of the Loyal Company; one other of whom was agent for a member of the Loyal Company; and both of them were administrators to a member of the Greenbrier Company; in deciding a case where the right of Maze, a settler, claiming 400 acres of land as a settlement right, and 1000 acres as a pre-emption right, was opposed to a right by survey for Hamilton under the Greenbrier Company, assented to this proposition, "that the company's right by survey stands established by the decision of the court of appeals in May, 1803, unalterably by any tribunal; so that Maze claiming by right of settlement, cannot call in question the validity of the survey & right of the company, or of the defendant, Hamilton, who in that instance represented the company, before any court." I state this on the authority of Judge Wythe's reports, (pa. 39,) an authority too respectable to be called in question.
But is this decision of the court of appeals authority? Can the decision of a judge, establishing principles wherein he is interested, be regarded as authority? No, it cannot. Future courts would declare the decision was not law. And shall it be regarded as authority by the legislature? I hope our laws are not to be fixed irrevocably by the opinions of men, deciding as judges, where they would have been inadmissible as jurors; and from whom an unbiased opinion could not be expected.
5. The time already occupied in this discussion induces me to hasten to the consideration of the last point; the course which ought now to be pursued by the legislature.
It seems to me quite clear, that if the legislature have at any time, aided and patronized a set of claims, impolitic, unjust, unequal and oppressive, they ought to withdraw, and have a right to withdraw that aid and patronage. The petitioners request that the Loyal Company, the creature of Royal power, may have no assistance from the acts of a government founded in justice and equality. Let the Loyal Company depend upon the "obligation of contracts," for which their learned council is an advocate.
Relative to the power of the legislature, I presume there is no doubt. The only question that can be made respects the justice and expediency of the measure. It is just that one western settler should have 1400 acres of land by paying the composition money to the state, and that his neighbour who settled at the same time, and fought every enemy by his side, should have but perhaps 300 acres, should pay for that to the Loyal Company, as well as to the state; and all this because in 1774, he was cursed with a visit from a deputy surveyor, and agent of the Loyal Company? This would be a consequence this committee will not wish to produce.
Where legislative acts have met with different constructions, some of which are contrary to the intention of the legislature, and when the point is not judicially settled, it is peculiarly proper for them to explain their acts, and prevent the operation of an unjust construction.
And if this be a doubtful case, whom shall we favor? Who were the Loyal Company? What were their public services? If any one knows let them be stated. The present company claim, I presume, by descent, devise, marriage, or

sculation. Who were these settlers? They were men, who at King's Mountain, Long-Island and Point Pleasant, obtained renown for the arms of Virginia. Men, who converted the wilderness into a cultivated region; the abode of happiness, civilization and science. Men, who were always resolved and ready to defend their own and their country's rights. I therefore hope the committee will agree to the report and resolution on your able.
The following is the resolution offered by Mr. Smyth.
Resolved, therefore, That the petition of sundry inhabitants of the counties of Montgomery, Wythe, Washington and Russell, praying for relief, is reasonable; and that a law ought to pass providing that wherever the same land is included in a survey made on a settlement right, and also in a survey made under the Loyal company, if the settlement on the land preceded the survey under the company, the right by settlement shall prevail, but if the survey under the company preceded the settlement, the survey shall prevail. And that a right by settlement, shall in all courts of this commonwealth, be considered as having originated with the settlement, and such a settlement as has been confirmed by the western commissioners shall be considered as giving the settler the same right from the time of making the settlement, as if an entry had at that time been made with the surveyor of a county.
The question being put upon the resolution, it passed in the negative—Ayes 28—Nays 74.
AYES—Messrs. Hening, E. Jones, T. Kenzie, Blair, J. Anderson, Mulledy, Fisher, Prunty, Ruffner, Hooe, Stuart, Hoff, Evans, John Gray, Ingles, Gardner, Lee, Kettle, Rust, Alexander, Ellington, McFarlane, John C. Gray, Bowen, Thompson, Dixon, Crockett and A. Smyth—28.
NOES—Messrs. Leake, E. Harrison, Kinney, Lefevre, Otey, Goyde, Congleton, Perrow, Coleman (Caroline) Minge, J. Walker, Cheatham, Hatcher, Hawes, Goodwyn, Westwood, Wood, Jennings, Huntley, Payne, Pasteur, Burwell, Bayly, M. Anderson, Terrell, Snyder, Bowe, Barthurst Jones, Benjamin Jones, Purdie, Byrd, Tate, Morris, Scott, Gregory, Rossell, P. M. Daniel, Chappell, Winn, Huggins, P. Bailey, Goode, Muse, Ridgick, Taylor, King, Upshur, Downing, J. Jones, Moore, C. Foster, Wooding, Coleman, (Pittsylvania) Woodson, J. Booker, Mosely, Tyler, J. Foster, W. Harrison, Brantham, Gambill, Mercer, Seabrook, Allen, J. R. Mason, Dillard, Diggs, Burnham, S. Bailey, Southall, Pescud, Du-Val, Seimple and Tazewell—74.
PHILADELPHIA, January 17.
Extract of a letter dated Texel Roads, October 16.
"It is reported here this day, that the French have declared WAR against the Swedes and Danes; in consequence of which, several Danish and Swedish vessels have been detained."
We learn, by our last accounts from the Cape of Good Hope, that a visit was expected from the English, and every preparation had been made for a resolute defence of the place. R. G. Van Palanen, Esq., Formerly the Batavian Minister to the U. States, resided in the town, and acted as Governor. Gov. Janssens, was employed in making the necessary military arrangements. News had been received that Poole Pinang, in the Straits of Malacca, had surrendered to the Dutch forces under Admiral Hartsink, and that several British East Indians had been taken there. (N. E. Pal.)
January 13. Capt. Peck, of the Mohawk, (arrived at N. York on Wednesday from Martinique,) informs, that three or four British men of war were off that place, but had not renewed the blockade. A French frigate arrived at Fort Royal about two weeks before he sailed.
It is with pleasure we announce to the public, that the Insurance Companies in New York have come to the conclusion jointly to fit out the brig Anna Maria, capt. Coffin, with men, provisions and other necessaries, to cruise off the coast, for the purpose of aiding our merchantmen into port, and to succor the distressed whenever they may be found. She will probably remain out for 30 or 40 days, and will sail this day [Thursday.] So humane an undertaking deserves the most liberal support of all who can feel for the wretched situation that many of our fellow beings must be in, from the continued inclement weather we have experienced.—Mer. Ad.
FIVE DOLLARS REWARD.
ON or about the 21st of December last, I gave permission to Benjamin Hunt (who is an apprentice to me) to go into the country to spend the holidays with his friends; my orders to him were to return on the Monday after new-year's day at farthest, & as I have not yet returned I think it my duty to advertise him; therefore will give the above Reward to any person who will deliver him to me in Richmond, or secure him in any jail so that I get him again. It is probable he is lurking about in the neighbourhood of his father William Hunt, in New-Kent county. All persons are cautioned against harbouring or employing the said Apprentice. Wm. McKIM. Richmond, January 24th, 1805. 3r
SUBSCRIBERS TO THE TRAVELS OF ANACHARSIS, THE YOUNGER, in GREECE, Are respectfully informed that the work is now ready for delivery at S. PLEASANT'S Printing-Office.
VIRGINIA ARGUS.
RICHMOND:
SATURDAY, JANUARY 26, 1805
The citizens of Richmond are respectfully informed, that prompted by the inclemency of the season, it is contemplated to raise by voluntary contribution, a sum of money for the benefit of the poor destitute of the city; and that for this purpose, the Rev. A. Waugh will deliver an appropriate discourse to-morrow at the Capitol. The Rev. Messrs. Buchanan and Blair, will receive the benefactions, and distribute them impartially.
Extract of a letter from capt. John H. Andrews, of the brig Cynthia of Salem, Mass. to his owner, dated.
"St. Pierre, (Marts.) Dec. 9, 1804.
"Nothing material occurred until the third December, being in lat. 15, long. 50, saw two sail, one of which proved to be his Britannic majesty's brig LE COURIER, of 16 guns, capt. Batsworth. The first shot he fired I took in my sails—immediately have to—fired two guns more after I have to! At 2, P. M. he ordered me to hoist out my boat and come on board with my papers, with which I complied immediately—In the time of my getting the boat out, he fired several small arms at me. When I got on board I delivered my papers to the officer of the deck;—the first lieutenant ordered my men out of the boat, and sent other men in:—he went on board of the Cynthia—drove my mate, and all hands, the cook included into the boat, without giving them time to get their protections.—After being on board one hour, (the captain sending his servant up repeatedly to interrogate me) he then ordered me down the cabin. After receiving insult upon insult he sent my boat after the protections, and left me in his cabin; to go and interrogate the people, and said that he could purchase protections for 25 cents each. He then called his carpenter upon the quarter deck with a boarding pike, chisel, mallet and rule, to measure—he measured them all—the carpenter undoubtedly knew the captain's intentions—some he made shorter than the protections, others longer—he said that he would take them and cut off their heads or feet to make them agree with their protections—he then said they were all Englishmen, notwithstanding I had every paper to prove to the contrary. Afterwards I was permitted to be heard. I made use of every argument, and with as much politeness as I was capable of, but they had no other effect than repeated insults. Four men out of the five were born in Salem, the other in Brooklyn. He took four and would not take the fifth on account of his being so small and an old man. I cannot omit mentioning, that the men he pressed were four of the best I ever had. Their names are Samuel Shepard, Samuel Larabee, Martin Pain, and James Kinley. After keeping me from 2 o'clock to nearly 8 P. M. and finding it amounting to impossibility to get my men again I told him I should not go on board of my vessel until he gave me men enough to carry her into port—he then gave me four men out of the doctor's list, three of whom were raw Irishmen, who could not steer—the other an American young lad, born on Cape Cod, by the name of Benj. Freemen. He had the politeness to send me on board my vessel on a very dark night with these men, with the boat nearly half full of water, and a large sea running. I am sorry to find no communication between this and Barbadoes, otherwise I should have sent a copy of the enrolment and his proceedings to the commodore, who is stationed off Barbadoes. I think if a certificate of this and their being Americans is sent to the commodore, they may be obtained. I would spare no expense if I could obtain them. I arrived here on the 6th ult. and entered a protest, and have been these two days trying to extend it so as to send on the original to the secretary of state. I must observe that it has placed me in a disagreeable situation. I find it at present impossible to get men here."
The proceedings in the case of the impeachment against the judges of the supreme court of Pennsylvania are given in detail in the Aurora.
The impeachment was opened by Mr. Boileau, who as leading manager, stated the grounds on which it was undertaken. Mr. Rodney followed, and after laying before the court sundry written documents, examined a number of witnesses in support of the prosecution. Our last accounts state that Mr. Dallas had opened the defence.
FROM LANCASTER: January 17, 1805.
"I wrote to you last night, communicating information of the proceedings of the two last days. Mr. Dallas has occupied the whole of this day also. The court sat from ten to half past one and from three till six o'clock, and adjourned to-morrow at 10 o'clock, when Mr. Dallas is to continue. I apprehend he will be followed by Mr. Boileau, chairman of the managers, on the general argument, as it has been presented on the part of the accused, and by Mr. Rodney on the constitutional law and evidence—after which Mr. Ingersoll will reply and sum up evidence on the part of the judges, and the pleadings be concluded by Mr. Rodney on the whole ground."
"From this, at present, apparent prospect, you can surmise when the trial is likely to be terminated—perhaps on Tues-
day or Wednesday next. The mass of matter, read from law books, is amazing! but Mr. Dallas says 20,000 folio volumes would not contain all the common law arising out of the declaratory law of the constitution."
"I heard, for the first time, by a friend from Philadelphia, that there was a disagreement between the house of representatives and Mr. Rodney: I have made some enquiry and can say that no such circumstance has arisen in private, and I am too constantly attending in court not to know if there was any foundation for the rumour in public: on the contrary, there is the most cordial and uniform co-operation, both in opinion and proceeding between the counsellor of the commonwealth and the house of representatives—on the principles of the prosecution there is the greatest harmony of sentiment, and the most friendly, social intercourse between them. There has been some personality indeed on the other side, and that was mere brutum fulmen."
Aurora.
FROM THE AMERICAN.
Messrs. Pechin & Prailly, Annapolis, Jan 11, 1805.
THE enclosed is the report of the committee on the amendment proposed by Massachusetts to the Constitution of the United States, laid on the table by Mr. Montgomery, which it is understood was drafted by that gentleman. Mr. Shaw, a federalist, was the chairman of the committee, & agreeable to parliamentary proceedings, ought to have presented the report to the speaker; but as it contained so much democratic sentiment, he declined the honor of laying it on the table, and the duty devolved on the second person named in the committee. There is little doubt but every federalist in the legislature, will on its passage vote against the report: but it is believed they will to a man vote for the resolution annexed to the rejection of the Massachusetts amendment which will be unanimous in the legislature of this state.
A CORRESPONDENT.
Mr. Montgomery, from the committee, delivered to the Speaker the following Report—
THE committee to whom were referred the communications of the Governor of Massachusetts, enclosing resolutions, purporting to be the "Doings of the legislature of that commonwealth," and proposing an amendment to the constitution of the United States, Report, That they have given the same that serious and deliberate consideration, which a measure of such magnitude, contemplating such an important innovation upon the principles of the constitution, is entitled to, and are of opinion that it would be unwise, dangerous and impolitic, in the state of Maryland, to concur in the adoption of the same. The state of Maryland, from the principle that representation is apportioned among the several states according to numbers, in the manner in the said constitution provided, has its full weight of representation in the powers of the union; and it would be unwise to diminish, or to relinquish it; neither ought it to be the master of clamor or complaint, with any of the states enjoying the compound ratio of representation, because the states which participate in the advantages resulting from this principle, are subjected to no additional taxation, as taxation is apportioned among the several states according to representation; and there is less cause for this uneasiness, when it cannot be concealed, that the states which do not partake of this benefit, have others to counterbalance it; besides the principle of representation is fixed in the constitution, being avowedly the result of a spirit of compromise and mutual concession among the several states at the time of its formation and adoption, and there being other great, important and prominent features of the constitution ingrafted into it, and dependent upon the same conciliating spirit of compromise and mutual concession, it would be dangerous by adopting the amendment proposed, to shake those great and fundamental articles of the federal compact, and by sanctioning a measure that should be fraught with this destructive and disorganizing tendency, to open the door by which the states are now happily confederated, disseminate the seeds of discord, and finally eventuate in anarchy: a state of things to which every reflecting mind must look forward with terror and abhorrence. Emphatically has it been offered to the solemn contemplation of the people of America, by that exalted patriot and able statesman, our beloved Washington, that "towards the preservation of their government, and the permanency of their present happy state, it is necessary that they not only discountenance irregular opposition to its acknowledged authority, but also that they resist with care, the spirit of innovation upon its principles, however specious the pretexts." One method of assault, "he proceeds, "may be to affect in the form of the constitution, alterations which will impair the energy of the system, and thus undermine, what cannot be directly overthrown." Thus warned from such exalted authority, it behoves the people of the United States to touch, with awful caution, the principles of the great charter upon which rests so eminently the general welfare! At this crisis when a fair, full and successful experiment of the wise, energetic and salutary principles and provisions of our constitution has been made and its administration in its several departments, so ably conducted in its several departments, and tranquility, safety and happiness, thereby diffused throughout the union, equal rights protected, and the interests of the whole eminently promoted and preserved, it would be highly impolitic to hazard the general harmony, in giving a constitutional sanction to a measure, which we consider can be productive of no possible general good, but may tend in its mischievous effects, to unhinge the leading principles upon which some of the most valuable and salutary provisions of the constitution are founded, and thereby introduce material discord and a subversion of all government; the proposed amendment, therefore, being, in the opinion of the committee, unwise, unsafe and impolitic, and as they are friends to the confederation, and hostile to any measures which might have a tendency to endanger the union, they submit the following resolutions:
Resolved, That in the opinion of the legislature of Maryland, the amendment to the constitution of the U. S. proposed by the legislature of the commonwealth of Massachusetts, ought not to be adopted.
Resolved, That the governor of this state be, and he is hereby requested to transmit an official copy of the foregoing resolution to the governor of Massachusetts. By order
LOUIS CASSAWAY, CLK. True copy from the original, G. HOWARD, CLK.
Law case. At the last legislature, application by petition was made by a person having neither wife nor legitimate child, stating that he was the reputed fa-
ther of a certain lad named therein, and praying that said lad might bear his name. The legislature passed an act accordingly. In this case, it would appear that there was an assumption of parentage on the part of the petitioner, and that the legislature has recognized the justice of such assumption by bestowing on the child the family name of the applicant—Query. If such parent dies intestate, will the son so named have a right to inherit as heir at law; the act being silent on that subject? As this is a principle of some importance, the opinion of gentlemen of the profession is requested. (Savannah paper.)
CATHOLIC CATHEDRAL CHURCH LOTTERY, BALTIMORE.
Twenty-Second Day's Drawings.
300 tickets were drawn this day. Prize of 500 dolls.—No. 6656. Prizes of 100 dolls.—Nos. 5383 6810 8620 15614. Prizes of 50 dolls.—Nos. 2563 7219 10704. Prizes of 25 dolls.—Nos. 2004 10614 17140 20973. Prizes of 20 dolls.—Nos. 527 1072 2646 2732 3736 4161 5684 5805 5977 6052 6070 6191 6595 6706 8024 8074 9001 9057 9957 10375 13016 14656 14869 17453 17751 18099 18213 19284 20097 20624 and 58 of 15 dollars. Gain of the wheel this day 380 dollars—Total gain 10225 dollars.
MARRIED—On Thursday the 3d instant, by the Reverend, Rhane Chastean, Mr. JAMES CODY, Merchant, of Cairo, to Miss ELIZA ANDERSON, daughter of Capt. Richard Anderson, of Buckingham.
CONCERT,
Of Vocal and Instrumental MUSIC, for the benefit of Master AUGUST PETRICOLAS.
On Wednesday the 30th inst. at the Free Mason's Hall.
PART FIRST. Symphony, Peyer, Full Band. English Song, Gretty, Mrs. Hopkins. Sonata on the Grand Piano, Steibelt, Master August Petricolas. A Comic Song, Shield, Mr. Hopkins. Concerto, G. Piano, Dussek, Master A. P. PART SECOND. Symphony, Goscek, Full Band. Bravura Song, Anfos, Mrs. Hopkins. Overture, Piano Forte, Haydn, Master A. P. A Comic Song, Mr. Hopkins. To conclude with a March composed by Master A. Petricolas, full Band. End of the Concert, Music will be provided for Dancing, &c. The Concert to begin precisely at 7 o'clock. Tickets at One Dollar, to be had at the Eagle and Rising Sun Taverns—also, at Mr. Pritchard's and Mr. Pleasants', and at the door of the Mason's Hall. January 26th, 1805. 2
Sales at Auction.
WILL POSITIVELY BE SOLD, By the subscribers, at their Vendue-Office, on Monday next, without reserve, TWO VERY LIKELY YOUNG NEGRO MEN, For negotiable Notes in the Virginia Bank, at 4 months. PROSSER & MONCURE, F.M. Richmond, January 25, 1805.
THE SECOND VOLUME OF
Pinkerton's Geography,
AND THE ATLAS,
(Which completes the work,) are now ready for delivery at S. PLEASANT'S Book-store. * A few copies for sale—Price 15 dollars.
Government Security.
NEW-YORK LOTTERY.
No. III. for the encouragement of Literature, Begins Drawing on the 11TH DAY of APRIL next.
25,000 DOLLARS, 10,000 DOLLARS, 5,000 DOLLARS, HIGHEST PRIZES.
The Scheme contains 33,000 Tickets, of which 9,913 are Prizes, less than two and a half blanks to a prize—Deduction fifteen per cent. At the session of the Legislature of the state of New-York, on Monday the 13th Nov 1804, a Resolution passed the Senate, and was concurred in by the House of Assembly, that the drawing of the said Lottery be postponed, until the Second Monday in April next, in consequence of the defalcation of one of the managers, and that the Legislature will GUARANTEE the PAYMENT OF ALL the PRIZES in said Lottery.
TICKETS
And Halves, Quarters & Eighths,
ARE TO BE HAD AT G. & R. WAITE'S PERMANENT LOTTERY OFFICES, No. 64, MAIDEN LANE, & No. 38, MAIDEN LANE.
AT THE FOLLOWING PRICES. Whole Tickets Dols. 7.50 | Quarters, Dol 2.00 Halves, " 3.75 | Eighths, " 1.25 But as the tickets and shares, have met with such an extraordinary rapid sale throughout every part of the United States, they will speedily advance in price
Distant Adventurers, by inclosing BANK NOTES of any description, may have tickets forwarded them by post, to any part of the Union, by G. & R. WAITE, with the utmost punctuality; and the earliest intelligence sent of their success—CASH advanced for prizes as soon as drawn, or warranted undrawn tickets exchanged for prizes during the drawing.
For the satisfaction of adventurers in Richmond and its vicinity, G. & R. Waite will in ward to the printer of this paper, the Managers' Official List of Prizes, as soon as printed, where any gentleman can examine his own number.—Letters (post paid) will be duly attended to. New-York, Nov. 23, 1804.
FOR THE ARGUS.
The following lines procured the release of a prisoner.
THE RABBIT'S PETITION.
ON C—— creek's delightful dale, I have been born and bred; But now Aias! my parents dear, Are numbered with the dead. Where painted warriors dwelt of old, I spent my happy days, And thro' S——'s fields and meadows fair, Have led my youthful plays.
I never spoil'd his growing grain, Or did his nursery harm; But always have with pleasure seen, The plenty of his farm.
Nor did he envy me my joy, For very well he knew; Those fertile fields could well supply Me and his children too.
Now he has got an only son, A thoughtful little boy, Who tho' he is his mamma's dear, And his fond father's joy—
He has become so fond of dogs, Of leopard and of chace; He persecutes day after day, The hapless rabbit race.
Last morn as I went out to see My children on yon hill, I ate some turnips, but that I thought not iny ill—
When H——'s cogs with yelping cry, My foot-steps did pursue; And would have murder'd me, had I Not to this refuge flew.
Now I'm imprison'd in the dark Until the coming day, When H—— has declar'd that he Will take my life away—
He says his mamma wants my skin; But still I think that she, If I was in her hands alive, Would never murder me.
O mistress! tell your little son, My blood he should not spill; For I have not, like wolf or fox, E'er done you any ill.
That mercy he shall show to me, I hope that he may find, Heav'n will him bless with happiness; Content and peace of mind—
When he and you, D—— too, Shall range the fields so gay, Then I will run with joy and fun, And all around you play.
And I will pray, both night and day Until this being cease, You and your children long may live, In Plenty and in peace.
THE President and Directors of the Bank of Virginia will proceed to the choice of a SECOND TELLER, on Tuesday the 29th instant. His salary will be NINE HUNDRED DOLLARS per annum. Bank of Virginia January 23d, 1805.
FOR SALE
A NEGRO MAN.
HE is an excellent gardner and seythe-man, and would be a valuable servant at a distance from the town. Also for hire a GIRL, about 14 years of age, accustomed to the nursery and other domestic business; and a WOMAN, who is a good cook, appl. at the office of the Virginia Argus January 25
1200 Bushels Barley.
Will positively be sold, by Prosser & Moncure, at the Lumber house of the late George Nicholson, at Rockets, on Monday the 4th of February, at 12 o'clock.
TWELVE hundred bushels of good clean BARLEY, for the benefit of Wm. Forester & Co. of the city of Richmond, they having refused to receive the said Barley when rendered them at a reasonable contract. It is universally allowed, by those who are acquainted with Barley, that it is the best food for horses (except Indian corn) that can be given them; and many people prefer it even to that. This Barley will be sold in small lots; one half at 60 and the other half at 50 cents, for approved notes to be made payable to the Bank of Virginia—the notes to be at the option of the purchaser. JOHN ELLIS. tds
January 25.
ON Monday the eleventh of February, if fair, if not the next fair day, will be SOLD, to the highest bidder, pursuant to the will of the late Capt. Thomas Nelson, and to a decree in Chancery of the worshipful Court of King William county, five hundred acres of
Valuable Land,
Being part of the tract wherein the said Thomas Nelson resided. The sale will take place on the premises, when the terms will be made known; in the mean time, the land may be viewed by applying to Wm. NELSON, Trustee. King William, Jan 25th, 1805. w3*
NEIL MCCOULL,
Has received his Fall Supply of DRY GOODS. Richmond, 12th Nov 1804. if it
TAKEN by William Bolling, a BAY HORSE, about four feet ten inches high, and judged to be fourteen years old; he has a bob tail, and the appearance of a mark on his left thigh, something like the brand of a stirrup iron. Appraised this day, before me, to forty-five dollars, October 10th, 1804. Wm. R. FLEMING.
1805, January 16th. A Copy—True. BENJ. ANDERSON, B. C. C. G.

Will certainly be Sold for Cash, At the house of Moss Treadway in the county of Powhatan, on Thursday the third day of January, one thousand eight hundred and five, pursuant to a decree of the superior court of chancery, holden for the Richmond district, pronounced on the second day of June last, in favor of col. Samuel Meredith of Amherst county, against John Nunnally and others.  On the day, and at the place above mentioned, and in conformity to the aforesaid decree, will be sold, to the highest bidder, for ready money, one certain tract or parcel of LAND, lying on Appomattox river, in the upper end of said county, within two miles of the place of sale, containing four hundred and twelve and one half acres, a part of which is low grounds, adjoining the said run, the remainder high land, thought to be equal in value to any in the neighbourhood; there are two plantations on this tract, one of which lies immediately upon the river, being that plantation whereon Archibald Nunnally lived in his lifetime the buildings are such as might answer for the accommodation of an overseer & negroes, with a good barn, &c. The other is the plantation upon which Capt. John Nunnally has lived for a number of years; upon which there is a good dwelling house with two rooms below and two above stairs, a kitchen, smoke house, dairy, stable, barn, &c. all in good repair; upon this tract eight or ten hands may be employed to great advantage.  Green Taylor, Francis E. Harris, } Nelson Patterson, Edward Mumford, } Rich'd Crump, John Ford, } December 7th, 1804. 3w  The sale of the above property is postponed until Friday the first day of February next, when it will certainly take place, in satisfaction of the aforesaid decree, and at the place aforesaid. tds Dec. 29, 1804.
G I M C R A C K  WILL stand next season at my stable about 12 miles from Howell's Ferry, ten from Sm's Ferry, and seven miles from the courthouse. Herbert C. Cooke. Halifax, November 19th, 1804. 3m
BROKER'S OFFICE. THE SUBSCRIBER HAS Opened a Broker's Office, Opposite the Union Tavern, and over the Courthouse of Thomas and Amos Ladd. All business confided to him will be transacted with strict fidelity. THOM. NORVELL. Richmond, October 3, 1804. tf
N O T I C E. WHERE the undersigned, partners in the late concerns of Buchanan, Dunlop & Co. at Petersburg, Robert Pollok & Co. at Richmond and of Dunlop, Pollok & Co. at Manchester, have sold to Mr. James Dunlop, our late partner in said concerns, the debts now due to and outstanding at these different establishments—those interested will therefore please to take notice, that hereafter payments are to be made only to the said Mr. James Dunlop, his attorney or attorneys, and to whom those having claims against these concerns will apply for payment. David Buchanan, (3m) By Robert Pollok his attorney. Robert Pollok. Virginia, Petersburg, Dec. 6, 1804.
J. Tompkins RESPECTFULLY informs those concerned, that he has removed the books and papers of the late concerns of Robert Pollok & Co. and Dunlop, Pollok & Co. to a new brick house near the basin, and directly opposite to the scale house, where he has for SALE, a few pipes of  Old Cogniac Brandy, Of superior quality. CASH will be given for Twelve or Fifteen BOYS, From 7 to 15 years old.—Enquire of the Printer. NOTICE. ALL persons indebted to the late firm of Buchanan, Dunlop & Co. Of Petersburg; Robert Pollok & Co. Of Richmond; and Dunlop, Pollok & Co. Of Manchester, Are hereby notified that James Dunlop, late a partner in the above concerns, has become purchaser of the outstanding debts; they will therefore be pleased to make payment to Mr. John Tompkins, residing in Richmond, or the subscriber, residing in Petersburg; who alone are authorized to make collections and grant discharges. Suits will be indiscriminately commenced against all who do not make payment before the first of February next. JOHN DUNLOP, Attorney for JAMES DUNLOP. Petersburg, Nov. 15, 1804. (tf)
TO BE SOLD. For ready money, pursuant to a decree of the Federal Circuit Court, for the district of Virginia in a suit between Phineas Bond, Attorney for the creditors of Ezekiel Edwards, plaintiff, and David Ross and others defendants—Two undivided parts, out of three, of forty-two acres of LAND, in the county of Henrico, upon Four-Mile Creek, with the MILLS & HOUSES thereon, known by the name of the Norwich Mills. ALSO: a Tract or Parcel of LAND, situate in the county of Henrico, about seven miles below the City of Richmond, commonly called and known by the name of the Seven Pines, thought to contain one thousand acres, but Mr. Ross undertakes, that an accurate survey and plot shall be produced on the day of sale. The sale will positively take place at the Eagle Tavern in the City of Richmond, on Thursday the 21st day of February next. BEN. MOSBY, D. M. for JOSEPH SCOTT, M. V. D. (tds.) Jan. 3.
At the same time and place, I will dispose of the other undivided third part of the said Norwich Mills, and will also dispose of a valuable tract of LAND adjoining thereto, which contains about five hundred acres, with various improvements—The whole is a valuable estate—Mr. Hooten will shew the Mills and the land. The terms of payment for the said land and the other third part of the Mills will be half ready money, and twelve months credit for the other half. DAVID ROSS BLANK BONDS For sale at this office.
THE SUBSCRIBER wishes to sell for cash, or on credit till the first day of January next, the  Two Brick Tenements, Adjoining the house of Mr. Benjamin Mosby. JOHN PENDLETON. City of Richmond, Nov. 10th, 1804. 2w
THE SUBSCRIBER hath removed his SCHOOL from the Falling Garden over to the white house near the Courthouse, where Messrs. Cohen & Isaacs formerly kept store.—He will continue to teach Reading, Writing, Arithmetic, Grammar and Geography; he will also teach Book-Keeping, and several branches of the Mathematics, if required.—The price of tuition will be made known on application. JNO. S. PLEASANTS. 13th Nov. 1804. * * All kinds of MATTRESSES for Sale—Also, old ones worked over. I.S.P. Notice is hereby given to the debtors of  ROSS & FORD, That in compliance with my duty as assignee, I shall commence suits indiscriminately against all those who do not come forward and give assurances when payment may be expected. Neil M'Coull. Richmond, December 15, 1804.
FOR SALE, A Life Estate in the DWELLING HOUSE, (which has just undergone a thorough repair) Four half acre LOTS, with stables, coach-house and other necessary outhouses, on the church hill, in the occupancy of John Banks, Esq. It commands an extensive prospect, and is as healthy a situation as any in Richmond. Neil M'Coull. 12th December, 1804. tf
THE IMPORTED HORSE,  PRECIPITATE, WILL stand at my house to be let to mares the next season. THOMAS GOODE. Chesterfield county, Appomattox river, Nov. 27, 1804. tf
IN pursuance of a deed of trust from Thos. H. Drew, to Carter H. Harrison, bearing date the 10th Dec. 1787. Will be Sold, at public auction, at Fowler's tavern in Cartersville, for ready money, on the 9th February next,  A TRACT OF LAND Containing 1500 acres, be the same more or less, lying in the county of Campbell, on the branches of Hill's Creek, now in the possession of Mr. Philip Payne, who will show the land to any person disposed to purchase. Under an impression that those who wish to purchase will view the premises, it is deemed unnecessary to say much of the quality; suffice it to say, that it is esteemed a very valuable tract, great part of it capable of producing excellent tobacco. ROBERT C. HARRISON, PBYTON HARRISON, Ex'rs of C. H. HARRISON. January 9th, 1805. tds
NOTICE. THOSE indebted to the late firm of Shanks & MacRae, either by bond or open account, are desired to make payment, before the first of March—All failing to comply, will find their accounts in the hands of an attorney. Colin MacRae. Manchester, Jan. 8, 1805. (epilM)
RICHMOND ACADEMY LOTTERY. NOTICE is hereby given, that the drawing of the said Lottery will commence on this day, and be continued on Tuesdays and Saturdays, by drawing from fifty to five hundred numbers, until the whole is completed. All tickets not sold and delivered before this day will be considered as held on account of the Trustees of the Academy; and the agents for selling them are earnestly requested to remit either the money or the tickets committed to their disposal, to the commissioner from whom they were received. Those who have purchased tickets on a credit, will be pleased to reckon from this day. If the days of drawing and the number to be drawn shall be increased, public notice will be given of the same. The prizes to be paid in sixty days after the drawing is completed. It is hoped that the tickets remaining in the hands of the commissioners will be readily bought, by those who are well wishers to the proposed Academy, or who wish to see in the neighborhood of this city the beginning of a great National University. The committee appointed for that purpose have already purchased about 12 acres of ground, a little more than a mile from town, in an eligible situation, and the necessary buildings will be begun in the ensuing spring. On behalf of the trustees, Robert Mickell, Robert Pollard, } appointed Alexr. Stuart, } to super- Wm. Price, } tend the G. Tucker, } drawing. Richmond, January 14, 1805.
Ten Cents Reward WILL be paid to any person that will deliver to me JOHN NUNNY, an apprentice lad, who absconded from my employment some time in October last. All persons are forewarned from employing or harbouring the said apprentice, as I shall deal with such as the law directs. Lund Hopkins. Powhatan county, Jan. 15, 1805. 3t*
Land for Sale. BY virtue of a deed of trust executed to the subscribers by Wm. Fortune, will be SOLD, to the highest bidder, for ready money, on the premises, on the 15th day of February next, a TRACT OF LAND, lying in Louisa county, on the waters of Fork creek, containing 100 acres, being the land whereon said Fortune now resides—The land is of good quality; has a small plantation in good order and convenient houses, &c for a small family. John Edwards, } Trustees. Chs. Smith, } Louisa, January 3, 1805.
Valuable Negro Men, Sam and Dick, to satisfy a certain amount mentioned therein, due from John Watkins to Cornelius Buck, and the expenses attending the execution of this trust. JOHN ROTSTER, } Trustees. NICHOLAS MILLS, } Manchester, Jan. 15, 1805. tds
FOR SALE, At Louisa Courthouse, on the 12th day of February next, THIRTY-SEVEN  Valuable Slaves, Belonging to the estate of Christopher Smith, deceased, consisting of men, women and children; it is believed that they are as likely a parcel of slaves as was ever offered for sale in the state. Bonds with approved security, bearing interest from the date, payable the 10th of February next, will be expected from the purchasers; the interest will be remitted if the principal is punctually paid. CHARLES SMITH, acting Ex'r. of Christopher Smith, dec. Louisa, 10th Jan. 1805. tds
THE SUBSCRIBER is yet desirous to sell  HIS PLANTATION, On Deep creek, in Powhatan county, and give possession immediately, with a hire of fourteen hands thereon, for the present year and every thing prepared for a crop. For terms apply to Capt. Ludwell Bracker of Amelia, or the subscriber. Wm. MAYO. Richmond, Jan 18th, 1805. 3w
Sarah Potter, RESPECTFULLY informs her friends and the public in general, that she has opened a SHOE STORE, at her dwelling house, between the market and courthouse, and has on hand a large and general assortment of  Fine & Coarse Shoes, Which she offers on the most reasonable terms. Richmond, Jan. 15th, 1805. 8t
BY virtue of a deed of trust executed to the subscriber by James Rind, dec. Will be exposed to Public Sale, On Monday the 4th day of February next, for ready money; A TWO-STORY WOODEN HOUSE, Near the Market house, now occupied by Thomas Cowles and Scott. WILLIAM MARSHALL, Trustee. Jan. 17, 1805. tds
ALMANACKS. Bates's and Carey's Franklin Almanacks, for 1805, are for sale at this office, by the gross, or dozen. Ready made PENS for sale here.
HENING'S  New Virginia Justice, Containing the Duties of a Justice of Peace, &c together with a variety of useful precedents, adapted to the laws now in force. Also, forms of conveyancing, such as deeds of bargain and sale, lease & release, mortgage, trust, &c. FOR SALE AT J. PLEASANTS' BOOK-STORE. Richmond, Jan. 8th, 1805. 1m
WE HAVE FOR SALE,  COTTON MACHINES, & a New York made riding CHAIR. Shapard & Lucke. January 19th, 1805. 4t
FOR SALE,  A BLACK WOMAN, About 30 years of age, of good character, and an excellent cook. Apply to the printer hereof. January 16th, 1805.
Lexington Lottery. By Authority of the Legislature of Virginia for raising 25,000 Dollars.  S C H E M E Of the first Class. The drawing positively to commence on the 12th of February next. The managers are now making up the numbers and prizes for the purpose.
  1 Prize of 4000 dols. is dols. 4,000   1 do. 2000 2,000   1 do. 1000 1,000   4 do. 500 are 2,000   10 do. 200 2,000   20 do. 100 2,000   25 do. 50 1,250   100 do. 30 3,000   4327 do. 6 28,962   The first drawn number on the first day,   First do. 7th day, 500   First do. 8th day, 100   First do. 9th day, 150   First do. 10th day, 200   First do. 11th day, 250   First do. 12th day, 300   First do. 13th day, 350   First do. 14th day, 400   First do. 15th day, being the last day of drawing, 500   Last number drawn, 458   Dollars 50,000   Five thousand Tickets, at 10 dollars each, is 50,000 
There are to be no blanks in this Lottery, and the prizes will be subject to no more than 15 percent discount. Tickets will be sold at 10 dollars each, five of which are to be paid in hand, and the remaining five when the prize money is applied for. The law authorizing this Lottery, was passed in the year 1796, for the relief of the sufferers, by fire in Lexington, all of whom, except Orphans have assigned and transferred their interest and claim to the managers thereof, to be by them applied to opening a good Carriage Road over the North and South Mountains, and across the Valley through Lexington. This road will be in a direct line with the New State Road to the Western waters, and so far a continuation thereof toward Richmond, which will shorten and greatly improve the passage from every part of James River between the Blue Ridge and Richmond to the Sweet and other mineral Springs, and from thence towards Greenbrier, Kenhawa, &c. The Managers flatter themselves, that the object of this Lottery being so laudable, in which a great part of the State is interested, and from the sales that have been already made of Tickets, that upon the day above mentioned a sufficient number of Tickets, if not all will be sold to warrant the drawing, and that no farther postponement will take place. When the drawing is finished a list of the fortunate numbers will be published—All prize money, not applied for within one year after the drawing, will be presumed to have been relinquished for the benefit of the Lottery. William H. Cabell, Philip Grimes, David S. Garland, John Leyburn, John Coalter, Thos. S. McClelland, Andrew Moore, Andrew Alexander, William Wilson. James M. Dovel, } Managers. James Garutbers, } John Garutbers, Treasurer. Wm. Garutbers, Secretary. Tickets are to be had of the Managers, and of Ellis and Allan, Robert Gamble, Jun. and Wm M'Kenzie. Jan. 2d, 1805.—W. H. C.
A PROPOSAL, BY WILLIAM YOUNG HIRCH & ABRAHAM SMALL, OF THE CITY OF PHILADELPHIA: FOR PUBLISHING BY SUBSCRIPTION, THAT CELEBRATED WORK,  GIBBON'S HISTORY OF THE  DECLINE AND FALL OF THE ROMAN EMPIRE: Together with MEMOIRS of the LIFE and WRITINGS of the AUTHOR. No book could be offered, which stands in less need of encomium and recommendation—It has been read in almost every European language—The history of the long and interesting period from the reign of Augustus to the taking of Constantinople, and the death of Mahomet the II. is no where else to be found in the shape of regular and well-arranged history—The Publishers presume to hope, that they do a service to their country in giving an Edition of it from the American press—They will briefly speak of their intentions, and the superiority of this edition. 1. It will be the most complete Edition of Gibbon extant.—Because it will be enriched with the Memoirs of his Life and Writings, written by himself.—This will be an addition to the London copy of nearly 200 pages. 2. It will be about one third cheaper than the London Copy. 3. It will be executed in the best style.—The Publishers, with confidence, recommend to the public an inspection of the books, published by them within the last three years.—They are, Russell's Ancient and Modern Europe, 7 Volumes—The Domestic Encyclopedia, 5 Volumes, and Tucker's Blackstone, 5 Volumes.—They promise not to degenerate. CONDITIONS. 1. It shall be printed from the last London edition, and be published in Eight Octavo Volumes, during the year 1804. 2. It shall be delivered to those Subscribers who take it in Volumes, at Two Dollars per Volume, in boards. Those who wait for the completion of the Work, may have it either at Sixteen Dollars in boards; or in a good and handsome binding, at Twenty Dollars; payable on delivery. It will be enriched with Two whole sheet Maps—One of the Eastern, the other of the Western part of the Roman Empire—A Map of the parts of Europe and Asia adjacent to Constantinople, and an elegantly engraved Head of the Author. Subscriptions received by SAMUEL PLEASANTS, Jr. Richmond.
Prince-Edward, November, 1804. Hariah Willard, plaintiff. Against Henry Nixon & Pugh W. Price, } In Chancery. defendants. THE defendant Nixon, not having entered his appearance and given security according to an act of the general assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this state: On the motion of the plaintiff by his counsel, it is ordered, that the said defendant Nixon do appear here on the first day of March court next and answer the plaintiff's bill; and that a copy of this order be forthwith inserted in some one of the newspapers printed in the city of Richmond, for two months successively, and also posted at the front door of the courthouse of this county. A copy—Teste. Ben. Watkins, d. c.
VIRGINIA: In the High Court of Chancery. BETWEEN Christopher M'Conico and Thompson Foulks, Executors of Matthew Marable, plaintiffs. AND Richard Kennon, defendant. ON motion of the plaintiffs by their counsel, the court this twelvth day of May, in the year of our Lord one thousand seven hundred and ninety eight, doth order, that the plaintiffs do render an account of their administration of the goods, chattels & credits of their testator, before master commissioner Rose, who is directed to examine, state and settle the same, and make report thereof to the court, with such matters specially as he may think pertinent, or the parties may require to be so stated. A Copy—Teste, P. TINSLEY, c. c.
COMMISSIONERS OFFICE, Petersburg, 30th Nov. 1804. THE parties concerned will please take notice, that I have appointed Monday the twenty eighth day of January next, for carrying the foregoing order into effect—On which day, their attendance is required at my office, with their accounts and vouchers ready for examination. JOSEPH G. WILDER, M. C.
Pursuant to a decree of the DISTRICT court of Chancery held in Williamsburg, in a suit between Thomas Did and Sarah his wife, and Pulmon Gatewood, and Dorothy his wife, plaintiffs; and John Brockenbrough administrator with the will annexed of James Edmondson, Robert Banks and Elizabeth his wife, James Webb and Dorothy his wife, Edmund Cawthorn and Mary his wife, James Brockenbrough, Sally Brockenbrough, Lucy Brockenbrough and Judith Brockenbrough, infants under the age of twenty-one years, devisees and legatees of the said James Edmondson, deceased, by James Webb, specially assigned their guardian, defendants—Will be SOLD, to the highest bidder, for ready money, on the 15th day of February next, on the premises, that  Valuable Tract of Land, Situated on Piscataway creek, in Essex county, containing about 1000 acres, it being the land whereon the said James Edmondson lived at the time of his death, by The Commissioners. January 4th, 1805. w3*.
BY virtue of a deed of trust executed to us by the Rev. Elkanah Talley, late of Hanover County, dec. for the purpose of securing to his late ward Benja. Anderson, whatever might be due to him the said Benjamin, from him the said Elkanah, either as administrator of the estate of John Anderson, dec. or as guardian of the said Benjamin. WILL BE SOLD. By us, or either of us, on the 25th day of Feb. next, for ready money, at the dwelling house of Mrs. Mary Talley in the County of Hanover, about 3 miles from the Courthouse, two likely negro men slaves, four horses, and all the other estate of which the said Elkanah, died seized, consisting of stock, furniture and plantation utensils. Thomas Pollard, Patrick Anderson, John Anderson, jun. January 3, 1805. 4w*.
WHEAT FAN & WOVEN WIRE  MANUFACTORY, No. 7, Bridge-street, four doors north of Griffith's Bridge, Baltimore. WHERE fans are made and sold, WHEAT FANS, first quality: ROLLING and other SCREENS, for wheat, barley, flax-seed, &c; HAND RIDDLES and SIEVES, for coal, corn, barley, wheat, rye, oats, meal, brick-dust, flax-seed, clover seed, cockle, lime, sand, &c; SHAKES for Indian meal; WIRE SATES; WOVEN WIRE for windows, &c. &c. AMOS SMITH, (Formerly WEST & SMITH.) N. B. A good assortment on hand. Any of the above articles will be delivered in Richmond, (on short notice) at the same prices as at the manufactory (exclusive of freight) on the orders being left with SAMUEL PARSONS & SON, Near the Basin, of whom the prices may be known—who have now on hand, Wheat Fans, Wheat and Lime Sieves, and Meal Sieves, &c. of a superior quality. P. S. WIRE SATES, and a few tons BAR IRON on hand. 11th Mo. 1st, 1804. wtf
Land for Sale. BY virtue of a deed of trust executed to the subscriber by John Burnley, to answer the purposes therein specified, will be sold, on the premises, to the highest bidder, for ready money, on the 16th day of February next, three hundred and sixty two and one half ACRES OF LAND, lying in the lower end of Louisa, immediately on the Richmond road, leading from Louisa Courthouse, adjoining the lands of Jesse Hoggard, Seth Burnley, John Diggs, Mrs. Christmass, &c. On this land there is a small plantation, orchards, a tolerable good dwelling house, barn and outhouses, immediately on the road. Wm. G. POINDEXTER, Trustee. January 3d, 1805. wtf.
* * Tickets in the William & Mary College Lottery are for sale at this office. Purchasers to the number of ten tickets may be accommodated with a credit of sixty days from the commencement of drawing.
THE large white House, At Rocketts, formerly occupied by Mr. William Fenwick, and afterwards by Mr. Braxton Craddock. For terms apply to Gallego, Richard & Co.
Mary McBride,  MIDWIFE & DOCTRESS. TAKES this method to inform the public in general and her friends in particular, that she has removed to this city, to the house of Mr. Edward Wanton, watch-maker, where she will be ready to wait on any that will favor her with their custom. Richmond, Jan. 8th, 1805. 1m