Virginia Argus (Richmond, Va.), 1807-01-30 00:00:00

VIRGINIA ARGUS
[XIVth YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1334.]
RICHMOND:—PRINTED (ON TUESDAYS AND FRIDAYS) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
[Four Dollars Per Annum—paid in Advance.]
FRIDAY, JANUARY 30, 1807.
[12 1-2 Cents Single.]
For Sale, By virtue of a deed of trust, executed by Samuel Adams, for the purposes therein mentioned, the
Tract of Land,
Whereon the said Adams now resides, lying half a mile below Cumberland courthouse, on the Buckingham road. The situation is a good one for a publican or mechanic of any sort. The said tract contains 28 3-4 acres and is well improved, that is to say, a good Dwelling-House, Kitchen, Stable, Garden, and sundry other necessary improvements. The sale will take place on the premises, on the 31st day of January next—Cash will be required of the highest bidder, by
SAMUEL HOBSON, Trustee.
Dec. 22, 1806. tds The deed of trust is of record in this court. S. H.
At the same time and place, the subscriber, by a power duly executed by Samuel Adams, on the 24th December, 1806, will offer to the highest bidder, for cash,
30 1-2 Acres of Land,
Lying on the Buckingham road, and immediately opposite to the above mentioned tract. This land was sold by him as trustee to a deed executed by the Messieurs Deanes to Joseph Gallego, upon this express condition, that no deed would be executed until the whole of the purchase money was paid; and the said Samuel Adams being anxious to discharge the debt, has authorised him to sell the same, and apply the proceeds to the payment of his bond to Joseph Gallego, which will become due on the 15th inst. in the first place, and the balance, after deducting the necessary expenses, &c. to be placed as a credit to a judgment obtained by Joseph Gallego against Samuel Adams and others, in the county court of Powhatan.
M. B. POITIAUX.
January 8th, 1807. tds
ON Monday the 16th day of February next, will be SOLD, at the tavern of Haley Cole, in the county of Chesterfield, for Cash,
Five Negroes, to wit:
Two women and three children, conveyed to me in trust by Richardson Harris, to secure the payment of a debt due to William Trubee, assignee of Lyle & McCredie, and the expense necessarily incurred in carrying the said trust into execution.
RICH'D. B. GOORE.
3d Jan. 1807. tm
FOR SALE.
My tract of Land,
In Powhatan county, containing between nine hundred and a thousand acres, and lying within two miles of the courthouse, and on both sides of Pine creek. This tract of land would be sold entire, otherwise laid off in lots to suit purchasers. Any persons inclined to purchase, it is expected will first view the premises—any further description is deemed unnecessary. For terms apply to the subscriber, living on the premises.
SAM. BASKERVILLE.
Powhatan, Jan. 4th, 1807. tf
MAY be purchased on a long credit, and low terms, the
TENEMENT
On which the Subscriber lives, situated on Church-hill, within about one half mile of the Richmond market—Containing two acres of ground, well enclosed and highly improved. The buildings consist of a large and well constructed Dwelling House, Laundry, Kitchen, Dairy, Smoke-House, two Stores, Brick-Office, Coach-House, Barn, and Stable. All these buildings are well finished, and in complete order for the accommodation of a large and genteel family; who may have easy access to all the advantages of the city, and live as retired as they could wish.
JOHN ELLIS.
Dec. 29th, 1806. tf
Notice.
The business heretofore carried on in this place under the firm of
Walter Irvine & Co.
Has this day mutually expired. Those who have claims against said concern, will please bring them forward for adjustment; and the debtors are earnestly requested to make payment as soon as possible—indulgence has already been liberally granted.
Walter Irvine & Co.
The business in future will be conducted under the firm of
Irvine & Pittman,
Who intend keeping a general assortment of
Dry Goods & Groceries,
Which they will sell on liberal terms for cash, or usual credit.
Walter Irvine.
Thomas Pittman.
New-Canton, 1st Jan. 1807. 3w
"DISCOVERIES OF LEWIS AND HIS PARTNERS IN LOUISIANA."
A fresh supply of the above interesting work is just received and for sale at this office.
October 26. tf
THE PARTNERSHIP OF A. HEWES & CO.
Dissolved the 31st of December, 1806.
The business in future will be done by
Job Greene,
Who will discharge the debts due from the concern, and to whom those indebted will make payment.
A. Hewes, Jun.
J. GREENE has removed from the store occupied by A. Hewes & Co. to the store formerly occupied by Henry Toler, jun. & Co. where he will keep for sale, a general assortment of
GROCERIES, &c. &c.
J. GREENE.
January 1st, 1807.
Marsual's Sales.
WILL be SOLD, to the highest bidder, for ready money, under a decree of the court of the United States for the fifth circuit in the Virginia District, between Plinneas Bond, attorney for the creditors of Ezekiel Edwards, plaintiff, and David Ross, and others, defendants—THREE
Valuable Plantations,
In the counties of Pittsylvania and Bedford, upon Staunton and Pigg rivers, stated in the deed of trust in the proceedings mentioned, to contain three thousand acres, more or less, but supposed to be considerably more extensive, comprehending all the lands that on the 5th day of June, 1795, belonged or appertained to the three plantations known by the name of the Mountain plantation, mouth of Pigg River plantation, and the Frying-Pan plantation. A more particular description of which will be given on the day of sale. The sale will take place at the Eagle-Tavern in the city of Richmond, on Tuesday the 24th day of February next.
Also, at the Oxford Iron Works in the county of Campbell, on Tuesday the third day of March next, will be sold under the said decree, upon the same terms, a number of very valuable SLAVES.
BENJ. MOSBY, D. M. for JOS. SCOTT, M. V. D. Jan. 8. epts.
Will be sold for CASH,
On, in the town of Charlottesville, at the tavern of Triplett T. Estes, on the tenth day of February next,
A tract or parcel of Land,
Lying and being in the county of Albemarle, containing six hundred acres, at present occupied by James Rossen, and adjoining the lands of John Watson, John Gilliam, jr. and &c. conveyed to me in trust by Mathew Henderson, to secure the payment of a debt due Brown, Rives and Co. The sale will be made in conformity to said conveyance, and being only interested as trustee for the benefit of others, I will only convey title to said land vested in me as trustee.
MARTIN DAWSON, Trustee. Milton, Jan. 15. 1807. 3w
WILL BE SOLD. FOR CASH,
On the 18th day of February, 1807, at the present residence of William Clarkson, in the county of Albemarle, a certain tract or parcel of
LAND,
Lying in the said county, adjoining the land of Benjamin Robertson, James Herring, Benjamin Dowell, Milly Dowell, and Patience Dowell, and containing by survey forty-six and three-quarter acres, being the land conveyed to the subscriber in trust by John D. D. to secure the payment of a debt due from him to John Key & Co. and for the payment of which the land will be sold, by
JULIUS CLARKSON, Trustee. Jan. 15, 1807. tds
M'CAY and COWAN,
HAVE just received by the late arrivals from London, a large and fashionable assortment of WATCHES, with a variety of articles of JEWELLERY and SILVER WORK—ALSO, an assortment of WATCH MAKERS' TOOLS and MATERIALS—which with their former stock, renders their assortment very general—all of which they offer at the lowest prices, for cash.
Richmond, October 9th, 1806. tf
ANDREW JAMIESON'S
Alexandria Crackers.
NOW landing, a consignment by Mr. Jamieson, direct from the Bakery of "far famed excellent CRACKERS," barrels, half barrels and kegs. Also Superfine
PILOT BREAD.
And for sale (at the bakery price in Alexandria, and charges) at the store lately occupied by Messrs. Granberry and Hancock, by
JAMES SMITH.
Who has in store low priced Blue sack Cloth, and assorted FLANNELS, which he will sell a bargain. Also IN-PIECE GOODS very cheap.
Richmond, Dec. 1, 1806. tf
* * * TICKETS in the Second
Class of the William and Mary College Lottery are for sale at this office.
FOR SALE.
THE LOT & HOUSES whereon John Hamilton, Esq., the British Consul, resides: on it are a three story Dwelling House, an Office and Kitchen, and other necessary Houses for family use; a Well of good Water, newly fitted and a Garden lately laid out, a Warehouse and Cellar under it; the remains of a Wharf, which will make a good foundation to build on; with all the privileges of lots situated on the river, of extending a wharf
Also, 371 1-2 Acres of well timbered LAND, with a good Fishery on Willoughby's Bay, taking in the mouth and part of Mason's Creek, where the best of Oysters and Fish can be conveniently taken.
Also, a LOT in Smithfield, between Mrs. Purdie's and Captain Todd's lots.—For terms apply to
Thos. Newton. tf
TO RENT,
THE BRICK HOUSE, at the Falling Garden, at present occupied by S. Pleasants Jr.—Possession may be had by the last of this month Enquire of the subscriber, near the premises.
JAMES LOWNES. 10th Month, 3d 1806. tf
DESIGN the ensuing year, with the aid of a qualified teacher, to attempt the Tuition of 15 Females—Grammar, Geography & Arithmetic will be taught. Strict attention will also be paid to the composition of the Scholars, nor will their morals be neglected. The price will be £25 each scholar finding her own bed—1-6th of the price to be paid in advance.
Gerard Banks. Goochland, 27th Sept 1806. tf
Thirty Dollars Reward.
DESERTED from this place, on the 14th inst. JAMES LOWNES, a soldier of the public guard, about 28 years of age, five feet 7 or 8 inches high, fair complexion, with red hair and large whiskers, with blue eyes. It is unknown where he will go, as he is very fond of spirits. Any person taking up said deserter and bringing him to this place, and delivering him to me, or either of the officers of the said guard, shall receive the above reward.
ALEX. QUARRIER, C. P. G. N. B. All masters of vessels are forbidden from carrying him out of this place. Richmond, Nov. 18th, 1806. A. Q.
FOR SALE,
A Tract of Land,
SEVEN miles below Richmond, belonging to the estate of James Redford, dec. containing 67 1-4 acres, upon a credit of 1, 2, and 3 years, equal payments. The sale to be on the premises, on Thursday the 5th day of February next. Possession will be given on the purchaser's giving bond and approved security, and a deed of trust upon the property, by
MILES TURPIN, Ex'r. of Lucy Redford, dec. Jan. 6th, 1807. 4w
N. B. All those indebted to the said estate are requested to make immediate payment; and those having claims are desired to bring them forward properly authenticated.
FOR SALE,
70 3-4 Acres of Land,
FOUR and a half or five miles from this place—about 25 or 30 acres of which are cleared and well enclosed—There is on the place a small Dwelling House, a log Kitchen, a log house not quite finished, a small Apple Orchard, a young Peach Orchard, and an excellent Garden. For terms apply to Mr. J. West, or to the subscriber living in Cumberland.
JOHN SEAVRES. Cumberland, Jan. 13, 1807.
By virtue of a decree of the county court of Albemarle, pronounced in the case of Micajah Chiles' executors against Menan Mills, will be SOLD, for ready money, on the premises, on the 16th day of February next,
The Houses and Lot
In the town of Charlottesville, formerly the residence of Micajah Chiles—ALSO on the premises on the 17th day of the same month, a certain tract or parcel of LAND, supposed to contain five hundred and sixty seven acres, being the land whereon the said Menan Mills now resides, situated in Albemarle county, about 12 or 13 miles above Charlottesville, on or near the road leading from Charlottesville to Amherst courthouse—The above mentioned property will be sold for the purpose of satisfying the above mentioned decree by the
COMMISSIONERS. The above property was to have been sold in last month as formerly advertised—the sale was then postponed at the request of Mr. Mills, but will certainly take place at the time now mentioned.
Jan. 7th, 1807. tds
MATTRASSES.
CAN be had on very short notice, MATTRASSES of all sizes & kinds, agreeably to order, in the corner house, same square, below Mr. Jos. Darmstadt's, near the market, and next door to Mr. Jacob Johnson's hook store.—Also, BEDS furnished, and old mattresses worked over.
Jno. S. Pleasants. Dec 5, 1806.
DISTRICT OF VIRGINIA, TO WIT:
BE IT REMEMBERED, that on the eighth day of January, in the thirty-first year of the Independence of the United States of America, William W. Henning and William Munford, of the said district, have deposited in this office, the title of a book, the right whereof they claim as authors, in the words following, to wit:
"Reports of cases argued and determined in the Supreme Court of Appeals of Virginia: with select cases, relating chiefly to points of practice, decided by the Superior Court of Chancery for the Richmond District. Part I. Vol. I. By William W. Henning and William Munford."
In conformity to the act of the congress of the United States, intitled "An act for the encouragement of learning, by securing the copies of maps, charts and books, to the authors and proprietors of such copies during the times therein mentioned," and also, to an act intitled "An act supplementary to an act, intitled, an act for the encouragement of learning, by securing the copies of maps, charts and books, to the authors and proprietors of such copies, during the times therein mentioned. And extending the benefits thereof to the arts of designing, engraving, and etching historical, and other prints."
WM. MARSHALL, (L. S.) Clerk of the District of Virginia.
The above work is this day published, and may be had at Samuel Pleasants' Printing-Office and Book-Store, Richmond. Jan. 13, 1807. 3w
WHEREAS some time past, I purchased a piece of land in Goochland county, of one William Lovell, for which I gave him two bonds, one for eighteen pounds, payable the 25th day of December, one thousand eight hundred and eight, the other bond for 27 pounds, payable the 25th of December, one thousand eight hundred and twelve, and as the said Lovell has gone away without making me a right to the said land agreeable to bargain, I do forewarn all person or persons in trading for the above-mentioned bonds, as I do not intend to pay them unless I get a right agreeable to bargain.
WM. SHEPPARD. 9th November, 1806. tf
FOR SALE,
A LIKELY, YOUNG AND VALUABLE
House Servant,
OSTLER AND CARRIAGE-DRIVER Virginia Bank Stock, or approved Notes or Bonds, due or to become due before the 29th of next month, would be received in payment.—Enquire of the printer.
Richmond, Jan. 21, 1807. 2t
Land & Negroes for Sale
By virtue of a deed of trust executed to me by Thomas Randolph, to secure the payment of a debt due Isaac H. Coles, I will sell, to the highest bidder, for ready money, at the dwelling house of the said Thomas Randolph, on Monday the 16th day of February next, one hundred and fifty acres of LAND, lying on Appomattox river, in the county of Amelia, being a part of the land on which the said Thomas Randolph now resides, and known by the name of Morven. Also NINE NEGROES, viz. Ned, Jesse, Kitty, Alexander, Dandridge, Spencer, Sukey, Richard and Caroline, or so much of the said property as will be sufficient to discharge the debt mentioned in the deed.
J. COLES, Jr. tdsl
January 23d, 1807.
THE FIRM OF
J. Joseph & Co.
HAS this day dissolved by mutual consent—all persons indebted to the late firm are requested to make payment to Mr. J. Joseph, who only is authorised to receive the same, and grant receipts.
J. Joseph. Wm. Warner. Richmond, Jan. 12, 1807. 5t
PUBLISHED BY SUBSCRIPTION, DR. REES'S NEW CYCLOPEDIA, OR Universal Dictionary of Arts & Sciences. IN TWENTY VOLUMES QUARTO. CONDITIONS.
THE work will be printed in large quarto, with new types, cast for the purpose, on a superfine wove paper, each volume will contain from eight hundred to a thousand pages. A half volume, in boards, will be published regularly every two months. PRICE THREE DOLLARS, PAYABLE ON DELIVERY.
Between six and seven hundred plates, engraved in a superior style of elegance, will be comprised in the course of the publication, by far a greater number than is to be found in any other Scientific Dictionary.
* * To Subscribers. The four first half volumes are ready for delivery at the Book-Store of Samuel Pleasants, jun. Richmond. wtf Nov. 6.
FOR SALE AT S. PLEASANTS' BOOK STORE,
H. ENNING'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 and re-lease, mortgage, trust, &c.
JUST RECEIVED & FOR SALE:
In addition to our extensive assortment of BAR-IRON, a quantity of SHEET-IRON, NAIL-RODS, and best polished WAGGON-BOXES.
We have also received several Ton
Broad Bar-Iron,
Suitable for plantation use. RUSSELL & WALLACE. Richmond, Jan. 19, 1807. 3m
James River LAND
FOR SALE.
ON the 17th day of February next, up on the premises, between 900 and 1000 acres, thirty-six miles above Goochland courthouse, will be exposed at PUBLIC AUCTION, for ready money (or as may best suit the purchaser) on a credit of eight years, by equal annual instalments, with an advance of only two thousand five hundred pounds. Upon the premises are a new two story dwelling house, 36 by 20 feet, seven rooms, two above and two below, with a passage in each, a portico on one side and a poarch on the other; an excellent dry cellar of the above dimensions, together with a wing to the house; and all other necessary outhouses, new and built of the best materials, particularly the dwelling house, meat house, barn and granary. On this tract there are about four hundred acres of first and second rate low grounds; about one hundred acres of high land cleared, on which there is an orchard of about four hundred fruit trees, two hundred of which are choice grafted bearing apple trees, the balance peach and cherry trees. Five sixths of the cleared land is well enclosed and divided for cropping. In the low grounds there is about 40 acres to clear, which with the balance to cut, is well timbered. The plantation abounds with excellent water, having four springs of fine water convenient to the dwelling house and kitchen. The dwelling house is on a considerable eminence, commanding an extensive view above and below, and in a wealthy and agreeable neighbourhood; there is likewise on the main road, near the fork, leading to Cartersville and Columbia, a new built house, well constructed for a store or grocery, and adjoining the blacksmith's shop.—The purchasers will be required to execute bond with approved security, and execute also a deed of trust on the premises to secure the different instalments.—Also, FIFTEEN
Likely Negro Slaves,
Consisting of men, women and boys, a few of which will be sold for cash, and the balance on a credit of one and two years, by instalments. Amongst them is an excellent blacksmith, a good cooper and coarse carpenter, a man weaver, equal if not superior to any in Virginia.—Eleven HORSES, amongst which are five elegant geldings, two of which are supposed equal if not superior to any on the continent in speed, from one quarter to one mile: the balance consists of five strong work horses and a valuable brood mare.—Ninety head of prime CATTLE, 70 head of prime SHEEP, stock of Hogs, elegant Mahogany HOUSEHOLD FURNITURE, together with other of the Household and Kitchen; on a credit of twelve months, the purchaser in each case giving bond with approved security to carry interest from the date if not punctually paid. In case of failure, a private contract, (which will be made known in due time.) Application will be made to James B. Ferguson, Esq. adjoining the premises, who will show the same in my absence.
Likewise, on the 2nd day of March next, upon the premises, between 500 and 600
Acres of Land,
In the county of Bedford, on the waters of Otter river, equal, if not superior, to any high land in said county, on which is about 50 acres of fine Meadow Land, the greater part of which is reclaimed. Upon this land is a tolerable dwelling house and other convenient out houses.—Also, the stock of Horses, Cattle, Sheep and Hogs, Plantation Utensils, &c. &c. Terms of sale, one half cash, the balance in 12 months, on the purchasers giving bond with approved security, to carry interest from the date, if not punctually paid, with a lien on the premises to secure the balance of the payment. The last mentioned tract of land will be shown to any person desirous of purchasing the same, by Major Joel Leftwich, convenient thereto.
EDWARD BOLLING. Goochland, 18th Dec. 1806. tds
JUST RECEIVED AT THIS OFFICE,
Jefferson's Manual Constitutions of the United States Darwin on Female Education Moore on Female Education Blair's Lectures Stephens's Exercises Espinasse's Nisi Prius Ainsworth's, Young's and Entic's Latin Dictionaries Sallust Delphini Horace do. Ovid do. Virgil do. Ruddiman's Rudiments Cicero's Oration, with translation Lucian's Dialogues Greek Grammars, Lexicons and Testaments. Jan. 20.
BLANK BONDS
For sale at this Office.

THE General Assembly of Virginia having lately closed a busy and interesting session, in which many laws of importance were passed, and several political questions, of great consequence to be rightly understood, as they respect the schism among the republicans, were discussed, a review of the proceedings of that body, and reflections on the tendency both of the adoption and rejection of certain measures which were there proposed, we conceive would at this time be peculiarly useful. We shall therefore, with that freedom and candor which ought to be exercised by every friend to his country in delivering his opinions on public affairs, proceed to make some observations on the transactions of the legislature; which may probably be continued through several numbers of the Argus.
The first branch of this subject, which demands our attention, consists of the measures rejected, and the second will be the measures adopted. The most important of the former were the resolution approving the conduct of the administration of the federal government; the address to the President of the United States, requesting him again to consent to be put in nomination as a candidate for that office; and the resolutions relative to a convention.
Each of these, in its order, shall now receive that investigation which we think it merits.
In reviewing the proceedings of the friends and enemies of the resolution, approving the conduct of the administration, the first circumstance which strikes us as most remarkable is, that many of those who opposed it in the Senate as well as in the House of Delegates, voted in favor of a resolution declaring their undiminished confidence in the wisdom, firmness, and patriotism of the President of the United States! It appears indeed extraordinary, that the men who had the highest confidence in the wisdom of the President, should have been unwilling to express their approbation of those measures, which had received his sanction; for which he was therefore more responsible than any member of congress, or any other individual whatsoever; and which could not be disapproved, or even regarded as questionable; without impeaching his wisdom, or suggesting doubts, entirely inconsistent with the highest confidence in its existence. But we are told by the Senate, that they "had not sufficient documents to enable them to form a correct opinion of the measures adopted in relation to foreign nations." If so, they had not sufficient documents to enable them to pronounce an unqualified, but, we believe, nevertheless, well-merited eulogium on the wisdom of the President.
These gentlemen appear to act with respect to Thomas Jefferson, as a weak prince does with his favorite ministers. They are willing to trust every thing to him, to bestow on him the most unlimited confidence, notwithstanding they are unable to understand or to form a proper judgment of his actions. They give him certain peculiar attributes of wisdom, firmness and patriotism, of which he must always continue to be the right owner, as certain lords in England are of honor, which attributes must, according to them, exist in idea only, not in action; so far as they relate to the most important part of his duty, the conduct of foreign affairs.
We will leave to those gentlemen the task of acquitting themselves of the charge of inconsistency, and proceed to consider the merits of the resolution which passed the House of Delegates and was rejected by the Senate, and the reasons assigned for its rejection.
It has been said by many that the resolution was unnecessary. We grant, that in one point of view, it was so. The decided majority in congress, the almost universal approbation of the people, the intrinsic excellence of the policy pursued, and the high republican virtue of an administration, which has rendered more service to the cause of liberty, and promoted the prosperity of its country to a greater degree than any that ever existed, all combined to render it unnecessary to vindicate or defend it against the efforts of a feeble minority, who had attacked it without cause, and with such heat and intemperance, as rendered their declamatory effusions, however eloquent, contemptible to all those who listened to sense, and not to sound—to reason rather than to passion. The resolution in question was therefore unnecessary, as it could not increase the well-earned popularity of the government, nor sink the majority lower than their own judicious violence had sunk them; and, if it had been rejected on this ground, the true republicans who voted against it would have acted consistently with their own principles, and would have been excusable. But it is one thing to say that the character of my friend is so firmly established, that it does not stand in need of my applause, and it is another to flatter him in one breath, and in the next to say that I am not satisfied with his conduct, and am in want of documents to prove its propriety.
The majority of the Senate have said that they want documents! To prove what? That perseverance in a sacred regard to our treaties with foreign nations, and a determination to do them no wrong, which all the measures of the administration have evinced, proceeds from a spirit of justice? That a resolution not to relinquish our rights to any foreign nation, but to defend them by a well regulated militia, instead of standing armies, while at the same time we adhere to a wise and pacific policy, regardless of the war-whoop of faction at home, and the irritation of enemies abroad, designing to draw us into the vortex of European calamities, are evidences of firmness? That a desire to settle differences by an amicable accommodation, before the sword should be unsheathed, and an offer to purchase a disputed territory, rather than
* Resolved , That the Legislature of Virginia continue to view with the highest approbation, the firm, just and liberal policy, which characterises the conduct of the government of the United States towards foreign nations.
to stain it with human blood, are proofs of liberality? If they require documents to establish the truth of these propositions, their system must be that of the sceptics, who were of opinion that all things were doubtful.
"But, strange to tell! they wanted not only documents to establish these points, but "sufficient time to judge of those measures by their effects;" that is, we apprehend, to judge of their firmness, justice and liberality (for nothing else was brought in question, their wisdom not having been mentioned in the resolution) by the contingency of their success in accomplishing the end intended! Certainly, a candid consideration of the measures themselves ought to have been sufficient to enable the Senate to form a correct judgment of their merits in every respect; for even the wisdom of any measure ought not to be estimated by subsequent events, which may be beyond the control of human power. The principle is bad enough to condemn a measure as unwise, because it is not crowned with success, or to wait for the event when vulgar minds are always ready to join in the cry of applause, before we will bestow our approbation on wisdom, which derives its self-supported honors, not from fortune, but from merit. According to this mode of reasoning Gen. Washington in the midst of his adversity contending with the British forces in New-Jersey, however wisely his troops were disposed, and however excellent the precautions he took to obtain advantages over the enemy, was not entitled to praise, until his success was known; and if he had finally failed, would have been denied all pretence to the character of wisdom. Yet, if he had failed and been hanged as a traitor, every judicious historian would have pronounced him truly great. But to judge of the justice, firmness and liberality of measures by their success, is much more preposterous. For, surely, in public as well as private affairs, an action may be just, firm and liberal, altho' it may not be the wisest or best calculated to ensure success, which might have been devised on the occasion. Altho' the justice & liberality of our proposals may be scornfully rejected by powerful despots; altho' their arrogance may despise our firmness, and, in the end, may drive us into a war; yet, the firmness, justice and liberality of the measures we have hitherto adopted, will forever remain unimpaired.
But it was said that the resolution was designed as a censure on the conduct of the minority in congress, and tended therefore to prevent the freedom of debate in that body, to diminish the independence of its members, and to increase Executive influence.
It is evident that the Senate ought to have formed their judgment of the resolution from the plain purport of its own language; not from any speeches of members of the house of Delegates, declaring their individual motives in voting for it. The warm declarations of some members against the minority in congress, and the exaggerated praises heaped upon them by others, ought to have been put entirely out of sight; since not a word in the resolution expressed a condemnation of the minority, unless it was necessarily implied in the act of approving the measures of the majority. But such a conclusion could by no means be drawn with propriety from such premises. The motives of the gentlemen who had differed in opinion with the majority would not have been necessarily impeached, nor their republican principles denied, because the General Assembly of Virginia, exercising the same right of free declaration of opinion of which those gentlemen had availed themselves in congress, took the liberty of agreeing with those from whom they had dissented. We grant indeed, that the approbation of the policy of the majority implied a disapprobation of the opinions of the minority relative to that subject. But the censure went no farther: and no rational man can say that a difference of opinion as to the policy of certain measures, not involving the vital principles of republicanism, ought to be construed as a condemnation of either party by the other. The friends of the minority therefore acted injudiciously by widening the breach too much, by declaring that the difference between them and their opponents was so great, that the latter could not be applauded without the utter reprobation of the former.
As to the charge, that resolutions of this kind tended to prevent the freedom of debate in congress, we will observe that it pays a very poor compliment to the independence and republican spirit of the members of that body. Particularly, we presume that the patriotic fire of the Honorable John Randolph, which shone forth with so much lustre in defiance of the overwhelming majority which opposed him, would not have been extinguished by the cold water attempted to be thrown upon it by the General Assembly of his native state; even if all its Senators and Delegates had combined their labors for that purpose. We have too good an opinion of the sincerity and energy of mind which that gentleman possesses, not to be persuaded that in him reaction will always be at least equal to action, and that his talents will even be invigorated by opposition, like some elastic springs which recoil with the greater force the greater the pressure is upon them: and we doubt not that his worthy coadjutors will follow the example of their leader, & be as firm & inflexible as himself. No fears need therefore have been entertained of a diminution of his own or of their independence. The increase of Executive influence was also an imaginary bug-bear. If it be true, as the gentleman in the Senate who made this observation seemed to suppose, that all the influence of the President, derived from the multitude of offices in his gift, was enlisted on the side of the majority, the minority, who had already opposed that majority to the utmost, and nobly set all that executive influence at defiance, could not lose any thing from that quarter by the voice of Virginia being heard in their censure; nor could others be thereby intimidated from following their example. If executive influence can do any thing to prevent members of congress from speaking and voting, according to their consciences, it must have that effect by the immediate allurements of lucrative offices, or by the hope of obtaining them;
not in the circuitous way of getting the state legislatures to pronounce their opinions. But we should wish to know in what manner the executive influence supposed to be exerted on this occasion could be consistent with that virtue and patriotism which the gentleman on all occasions is ready to attribute to the President?—Let us ask too, as that gentleman was one of the republicans of 1798, whose meritorious services ought never to be forgotten by the friends of freedom, whether it is not equally right to bestow praise discreetly and moderately on an administration that deserves it, in order to encourage the friends of the people to persevere in doing well and to excite the imitation of their successors, as it is necessary to declare our censure of those who do wrong? Since the profligate administration of John Adams in 1798, deserved and received from that gentleman and his political friends the sentence of condemnation, the virtuous government of Thomas Jefferson ought no less to receive his & their applause; for it is surely as useful, and much more agreeable, to give virtue its reward, than vice its punishment.
The last objection to the resolution was, that it was intended for electioneering purposes, and that executive influence produced this measure, in order to prevent the re-election of Mr. Randolph and his coadjutors. To this we will only reply, that, if those who made the accusation believed it to be true; they must have had a very bad opinion (notwithstanding their own declarations to the contrary) of the President of the U. States, as well as of the majority of the Legislature of Virginia; a degrading opinion, which neither party merited, and which ought to be unworthy of farther refutation. We cannot believe, however great the abilities of Mr. Randolph and his friends, that they are dreaded in the least by his political opponents, or by Thomas Jefferson, or that any of them would feel regret at seeing him re-elected, and, even if this were the case, the President would scorn to exert any influence against him, and the Virginia Assembly would disdain to permit it (if exerted) from governing their deliberations.
These remarks have extended to a considerable length; but the importance of the subject required them. In our next paper we shall proceed to examine the proposed address to the President of the United States.
According to custom with Mr. Jefferson's enemies, his communication to Congress, which appeared in the last Argus, has proved that they were mistaken in supposing he was asleep at his post, and had neglected his duty, while conspiracy stalked abroad through the land. They are indeed very unlucky; for it uniformly comes to pass, before their accusations against him have had time to produce any effect on the public mind, that his virtues shine forth, like the sun from behind a cloud, and dissipate all the vapours they have raised. It is really cruel in him to be always acting, so as to increase his popularity, at the very time when those, who wish him to be doing wrong, suppose they are on the point of being gratified. The secrecy which is sometimes necessary for conducting public affairs, and for the removal of which his enemies in their haste to indulge their malignity, are always too impatient and imprudent to wait, is the cause of their frequent and lamentable disappointments. We would, thro' motives of charity, advise them to manage their cards better for the future, and to abstain from abusing the President, until they are able to understand his proceedings.
Our readers are referred to the 4th page of this day's paper, for the very eloquent opinion of Judge Tucker, delivered in the Court of Appeals at the last term, in the case of Hudgins against Wrights . Judge Roane's opinion, with the conclusion of the case, will be given in our next.
LAW OF VIRGINIA.
AN ACT
To amend an act, entitled, "An act more effectually to provide for the payment of Taxes upon Lands within this Commonwealth."
[Passed January 20, 1807.]
Section 1. Be it enacted by the General Assembly, That when the taxes on any tract or parcel of land shall have heretofore remained, or shall hereafter remain unpaid for the space of two years, such tract or parcel of land shall be forfeited to the Commonwealth, and shall not be subject to location. Provided nevertheless, that the tract or parcel of land so as aforesaid forfeited, shall be subject to the redemption of the former rightful and proper owner at any time within three years after such forfeiture shall have accrued, upon payment of the taxes due thereupon, according to the following rules, to wit: That if the said taxes shall be paid in the first year after such forfeiture shall have accrued, there shall be paid an interest of twenty-five per centum per annum on the amount of the said taxes from the time they became due, till paid: If the said taxes shall be paid in the second year after such forfeiture shall have accrued, there shall be paid an interest of forty per centum per annum on the amount of taxes due as aforesaid: If the said taxes shall be paid in the third year after such forfeiture shall have accrued, there shall be paid an interest of one hundred per centum per annum, as aforesaid: Provided also, that nothing in this act shall be so construed as to affect the rights of infants, femes covert, or persons of unsound mind, until one year after the disabilities shall have ceased, on their paying all taxes due, with an interest thereon at the rate of ten per centum per annum on the amount due as aforesaid.
Sec. 2. All acts and parts of acts coming within the purview of this act, are hereby repealed.
Sec. 3. This act shall commence and be in force from and after the first day of March next.
The Museum at Boston, containing property to the amount of 20,000 dollars, was, on Friday the 16th inst. consumed by fire.
The Aurora says that bills of Burr's exchequer, to the amount of 80,000 dollars, have been protested in Philadelphia.
CAESAR A. RODNEY is appointed Attorney General of the United States.
INSPECTED in Richmond the last six months, ending the first day of January, eighteen hundred and seven—47,142 barrels of FLOUR.
ISAAC WEBSTER.
CONGRESS.
HOUSE OF REPRESENTATIVES.
FRIDAY, January 16.
Debate on Mr. J. Randolph's Resolution, calling on the President for information, &c.
(Continued.)
Mr. FINDLEY considered the resolution as of some importance and worthy of consideration before it was adopted. He therefore moved its postponement till Monday.
Mr. BURWELL said he had a single remark to make in reply to the gentleman from North Carolina, who had intimated that he might be acquainted with some circumstances not in possession of the House. He begged leave to inform him, and the other members of the House that he was acquainted with no circumstances other than those which he had obtained thro' the newspapers or from official communications.
Mr. LLOYD. When this resolution was laid on the table, it appeared to me so simple that nobody could doubt its propriety. For my part, I shall not enter into a consideration of the measures of the last session; nor propriety or impropriety of which are not now at issue. The only question before the House is this—is it proper for this House, when the country is threatened with an insurrection or an invasion, when there is reason to think imminent danger exists, to request the necessary information, to prevent the injurious consequences that may ensue, without the application of proper remedies? I have heard but three objections made to this resolution, neither of which seem to me entitled to the least force. The first is, that if the resolution be carried to the President, he will consider it his duty to communicate all the information in his possession. But gentlemen who make this objection surely have not attended to the language of the resolution. Does it not expressly confine the request to the communication of such information as the President may think proper, and such as may not defeat any objects he may have in view? If, then, he has received any information, which he may deem it improper to communicate, he is authorised by this very resolution to withhold it. I should have very little confidence either in the ability or integrity of the executive, if in contravention of the wishes of this House, and in direct hostility to the objects intended to be answered by this request, he should communicate information which ought to be withheld. The gentleman from North Carolina (Mr. Alston) who has spoken of the resolution as compelling the executive to communicate information in his possession, must surely have overlooked its discretionary language.
The gentleman from Pennsylvania has observed, that the resolution appears to him as expressive of a want of confidence in the executive. If the doctrine of confidence is to be carried to this length, that you, who are the guardians of the people, shall sit idle spectators of every impending storm, I shall never subscribe to it. However I may confide in the integrity & wisdom of the President, I owe something to myself; nor can I sit here merely to legislate under executive patronage. I want facts on which to act. If the resolution shall be adopted, it will betray no want of confidence in the executive; it will only manifest the zeal of the House to possess information, which it is necessary for them to have before they can be prepared to act.
Mr. ALSTON. The gentleman from Maryland says this call on the executive is necessary. But what is the state of the case at present? Is it not the duty of the President, under the constitution, at all times to give such information to the legislature, as he may deem necessary and proper for them to act upon? And what is the language of the resolution?—To give such information as in his judgment shall not be improper? On this ground, then, it is not necessary to adopt it. But take the subject in the view in which I before presented it. If we call on the executive in this way, he will deem it his duty to give the information called for. I have not particularly attended to the phraseology of the resolution, but I question very much whether the qualification in the first part of it applies to the latter part, which refers to the measures taken, or intended to be taken by the executive. It is clear that some parts of this information may be improper to be communicated. For my part, I believe that such a communication on this subject, as is proper, will be laid before us as soon as practicable. On the point of confidence in the executive magistrate, I will say, that I am not in the habit of subscribing to the opinions of any man, or set of men whatever. An implicit dependence on the opinions of others is altogether contrary to my habits; but can any man doubt that if there is anything in the possession of the President, proper in his opinion to be communicated, he would have conceived himself bound to have communicated it before this day?
As I said before, two or three days may bring us a western mail, and news of the extent and state of the conspiracy. Let us wait till this time; the state of things may then induce us to call on the President for information. It is but a few days since we have heard from Orleans: there appears to exist here the greatest confidence in the executive, and a force sufficient to meet any force that may be brought from the upper country. Do we know the extent of this combination, or all the characters implicated in it, and where they now are? If the President were to make a communication on the subject, it is not probable, that if there are any among us concerned in it, we should disclose it to those interested in making their escape, even were
it communicated in confidence? May not the safety of the union depend on defeating it before a disclosure be made? If such a disclosure be made, will not the conspirators either make a decided stand, or, by retreating screen themselves from punishment? We have had, however, I believe, enough of confidential communications; and I hope we shall not soon have any more. I for one am ready to wait till the President shall deem it advisable to make a communication to this House.
Mr. HOLLAND. If we were called upon by the executive to act in this case, it might be proper to ask for information. As, however, we have not been so called upon, and as the executive is the proper organ for taking the necessary measures on this subject, the adoption of this resolution on our part would evince a desire to intermeddle with his duties. As the constitution enjoins it upon him as his duty, to give information to the legislature from time to time, I can only consider the request made, under the impression that we have not confidence in him. It is true the resolution is couched in very curious language—it requests only such information as he may deem the public welfare requires not to be disclosed. But what is the balance of the information? Exactly what the constitution enjoins upon him to give. What is the inference? That the president of the United States has not discharged the duties of his office; that he has not done what it was his duty to do; that he has been guilty of delay; and that congress has been compelled to tell him he has not done his duty. Such considerations ought to induce us at least to hesitate before we pass such obloquy on any branch of the government, and more especially upon the president, as the confidence we now ask for him is merely that reposed in him by the constitution.
At the instance of Mr. DANA, the clerk read the following extract from the journals of the house.
"Monday, 2d January, 1797.
"Resolved, That the President of the United States be requested to cause to be laid before this house, information what measures have been taken for carrying into effect, the treaty between the U. States and the Dey and Regency of Algiers; and also, whether any and what further legislative aid may be necessary for that purpose."
"Friday, 30th March, 1798.
"On a motion made & seconded, that the House do come to the following resolution: Resolved, That the President of the United States be requested to communicate to this House, the dispatches from the Envoys Extraordinary from the United States to the French Republic, mentioned in his message of the nineteenth instant; or such parts thereof, as considerations of public safety and interest, in his opinion, may permit."
"Ordered, That the consideration of the said motion be postponed until Monday next."
"Monday, 2d April, 1798.
"The House proceeded to consider the motion of the thirtieth ultimo, relative to the dispatches of the Envoys Extraordinary, from the United States to the French Republic: Whereupon,
"The said motion being amended at the Clerk's table, to read as followeth:
"Resolved, That the President of the United States be requested to communicate to this House the instructions to, and dispatches from the Envoys Extraordinary from the United States to the French Republic, mentioned in his message of the nineteenth ultimo."
"The question was taken, and the House do agree to the same, as amended, & resolved in the affirmative—Yeas 65—Nays 27."
"Mr. Allen from the committee appointed to present to the President of the United States, the resolution of this House relative to the instructions to, and dispatches from the Envoys Extraordinary to the French Republic, reported that the committee had, according to order performed that service: and that the President signified to them, that he would take the subject into his consideration, and do thereon, what it should appear to him, the public safety required."
Mr. G. W. CAMPBELL. I understand the question to be on postponing the consideration of the resolution till Monday. I have never opposed a resolution calling for information in any case where I believed the information could be of any possible use; nor am I disposed to say that it is at present necessary to negative this resolution, but I do not see any use in adopting it at this time. I ask what use is to be made of the information the resolution proposes to obtain? Introducing it, we were told that the country was threatened with a conspiracy. Will gentlemen say their object is to raise a standing army to quell it? Are we to do nothing until we get a war establishment? If so, the conspirators will have time to accomplish their object, or to fly from justice, before they are overtaken. Whatever may have been the object of the conspiracy, it is at this time either consummated or exploded. It is either carried into effect, or the probability of its being effected is destroyed. It has been said, if the measures proposed at the last session had been adopted, the country would not now be menaced from abroad, or conspiracies be engendered within. I cannot conceive the use of introducing, on this occasion, such observations. The object recommended at the last session was to raise a war establishment, not merely to encroach the existing peace establishment. This was declared the last year, and it has been declared this year. Gentlemen have said, they will not increase the peace establishment, but will create a war establishment. What were the apprehensions entertained the last year, on which the propositions of these measures then insisted upon, been realised? No, sir, official documents tell us the contrary. If the reasons brought forward last year did not justify it, nothing has since intervened to sanction it.
Will the gentleman, who says if we had adopted the measures recommended the last session, they would have averted the dangers which now threaten us, tell us whether there was then any reason for apprehending them? Will he say that he then expected this man would at this time have been carrying on this conspiracy? If so, he surely ought to have told us of it. I am disposed to believe, that so far as relates to

this, or any other combination within our limits, no standing army is necessary. If we must have a standing army, to put down our own citizens, whenever there is any serious violation of the laws, it is high time to lay down our liberties. If the militia are incompetent to maintain the peace, it is full time to acknowledge the futility of our political principles. On this ground never will I agree to raise a regular army, to meet our own citizens. As far as it depends upon me, it never shall be said, that we have raised a regular army to turn their bayonets against our citizens. If a majority of the people shall be embarked in an insurrection they ought not to be controlled; and if the majority shall be on the other side, they will have a power to crush it. It has been stated, on the introduction of this resolution, that a member of the select committee who brought in the bill, authorising the President to raise volunteers, proposed an increase of the regular army, similar it is added to the increase proposed during the last session. The fact, however, is, this gentleman alluded to offered two propositions; one to add to the present peace establishment, which was rejected by all the members of the committee but himself. Even the gentleman who introduced the resolution under consideration gave his vote against this proposed increase of the peace establishment.
There is a bill now before me from the Senate, the object of which is to encrase the peace establishment; and this the gentleman says is one of the measures proposed at the last session. I have, however already observed that that gentleman opposed the proposition for increasing our peace establishment, and yet he informs us that this measure is the same with that proposed the last session for the creation of a war establishment. I have considered it my duty to make these observations, because at the last session, I was opposed to raising an army; and I am still opposed to it. I do not, however, consider this the proper time to investigate this point: as if it be intended to crush the conspiracy, the measure will be too late.
It may be proper to observe that in my opinion this conspiracy has been painted in stronger colors than there is reason to think it deserves. It has been stated as dangerous to the union. On what grounds? There is no evidence that there is in any part of the United States two hundred persons collected for the purpose of carrying it into effect. We have not even evidence of this. We have indeed newspaper evidence, that it was reported that the author of it was to march at the head of 2000 men, and that 4000 Kentuckians were to follow. At the same time, however, we learn that Kentucky is taking the most effectual measures to crush it. So far from there being 4000 Kentuckians enlisted, I do not believe there are ten, unless indeed the stragglers passing through this state are so denominated.
The gentleman from Pennsylvania has observed that the members from the western country are either ignorant, or pretend to be so, of this plot. I cannot suppose the gentleman alluded to any member of this house. There is one circumstance on this head worthy of notice: the greater part of the men associated came from the eastern country, and from the state of the gentleman from Pennsylvania. With regard to the sentiments of the Western country, I believe they are as well affected towards the union as those of any other part of the confederacy. I do not conceive there is ground for the alarm that has gone forth. I am, however, willing to take any proper measures to aid the Executive in crushing the plot.
It has also been observed by the introducer of this motion that the expenses attending the military expedition on the Sabine will be equal to the expenses that would have attended the proposed augmentation of the army. But it seems to me that this must be altogether a mistake. This expedition was composed of the regular forces and about five hundred militia who were engaged but for a few weeks. The expenses of the former army may have been somewhat increased by their movement and the price of provisions; but no additional expense has been incurred for their pay. The only important item of expense must arise from the militia: this cannot be considerable; it will not be pretended that it can bear any comparison with the expenses of raising an army, of five or ten thousand men. I am not disposed to say anything of the expenses incurred by the commander of this army at New Orleans, as I am unacquainted with the subject; but I presume it cannot be considerable.
But, to return to the only question before us, the president has informed us that there is a combination, the object of which is to conduct a military expedition against the territories of Spain. What is the information which we have since received? Does it not go to the same object? If the president is convinced from information since received, that the object is a different one, is it not most probable that he would have so advised us? If the secret information respecting those impeached be divulged, will it not put many concerned in it on their guard, and induce them to escape? This is the evil I apprehend from agreeing to this resolution, and none other. Believing, therefore, that the information we may receive will not enable us to strengthen the hands of the executive, I shall vote for postponing the further consideration of this resolution until Monday. The president has already advised us that he has taken such measures as are calculated to check the expedition, and bring its abettors to punishment. He possesses the power of calling out the militia if he thinks the case requires it; and I know of no acts which we can pass, which can strengthen the hands of the executive more than the existing laws.
(To be Continued.)
Thursday, January 22. The house resolved itself into a committee of the whole—Mr. Varnum in the chair—on the resolution of a select committee, for repealing, in certain respects, the operations of the statute of limitations.
Mr. Stanton spoke in favor of adopting the report. While this subject was under consideration, a message was received from the president; in consequence of which the committee rose—when the important message as given in our last, was read, and referred to Messrs. J. Randolph, Boyle, Campbell, of Tennessee, Morrow, of Ohio, R. Nelson, Clinton and Bidwell.
After transacting a good deal of other business, of subordinate interest, the house adjourned.
Friday, January 23. The house resolved itself into a committee of the whole—Mr. Masters in the chair
—on the report of a select committee, on so much of the message of the president as relates to the fortifications of ports and harbors.
The resolutions reported by the committee were read as follows:
Resolved, That a sum of money not exceeding _____ dollars, be appropriated to enable the president of the United States to cause our fortifications, to be improved and repaired.
Resolved, That a further sum of money not exceeding _____ dollars, be appropriated to enable the president of the U. States to cause to be built a number of gun-boats, not exceeding _____ for the better protection of our ports, towns and rivers.
Mr. Mumford.—Mr. Chairman, I rise to make a motion to which I am impelled from the strongest conviction on my mind, that it is of primary importance to the peace, the honor, the safety and the welfare of this nation we should adopt some more efficient measures in defence of our own sea coasts. It is no doubt within the recollection of every member of this committee that in the month of April last, a most unwarrantable outrage was committed against the peace and dignity of the United States, within our own jurisdiction, by the commander of a certain British ship of war, called the Leander, who, in open contempt of our laws, and the violation of the laws of nations, did actually commit murder on one of our own citizens, within our own limits, near the port of New-York, without provocation on his part, when in the lawful prosecution of his business.
However difficult it may be notwithstanding our earnest desire to devise some more effectual means, which I hope will soon take place to relieve a worthy class of our citizens from the cruel bondage and lacerating whip of a man of war; is not this humiliation sufficient? Must we still be called upon to drink up the dregs? Will the U. States submit to the humiliating degradation of having its own citizens murdered within its own limits, without making an effort and taking such strong ground as will prevent in future the repetition of the like crimes? No sir; this nation will not submit to it; Sir: we have had insult added to injury, and notwithstanding the Cambrian frigate has been denied the rights of hospitality by the president's proclamation in consequence of her participation in the murder of one of our citizens, yet a few days ago it appears another of your citizens has been seized by the commander of that frigate, with force of arms, and threatened at the peril of his life, that if he did not safely conduct that ship, contrary to the laws of his country, from Cape Henry into Hampton Roads, he would blow his brains out. She did arrive in Hampton Roads, and there replenished with a fresh supply of provisions, in order the more effectually to annoy your commerce, add new insults to your citizens and to your government.
I do not wish to excite alarm nor irritate this nation against any foreign government on earth, my wish is to cultivate peace and friendship with them all on honorable terms. But I never will consent to do it at the expense of the honor, the safety and the welfare of this nation. And I hope we shall in justice to ourselves and the duty we owe our country, pursue such prompt and efficient measures as will more effectually protect our own sea shores. Impressed with these sentiments, and in order to prevent a repetition of the like offence in future, and to aid in carrying into execution the proclamation of the President of the United States, dated in April last, I beg leave to move the following amendment to the first resolution:
And also to enable the President of the United States to equip, man, and maintain so much of the present naval force of the United States as he may judge proper.
Mr. Clinton supported; and Mr. R. Nelson opposed this motion; which was disagreed to—Ayes 45—Noes 50.
Mr. R. Nelson moved to fill the blank in the first resolution with "20,000."
Mr. Cook proposed "one million."
Mr. Mumford proposed "500,000."
The motion to fill the blank with one million was disagreed to—Ayes 12.
The motion to fill the blank with "500,000." was then put.
Messrs. Mumford, Clinton, Cook, and Tracy supported; and Messrs. Smilie, R. Nelson and Sloan opposed this motion, which was disagreed to—Ayes 38—Noes 65.
Mr. Mumford then moved to fill the blank with "400,000."
This motion was likewise disagreed to—Ayes 37—Noes 66.
Mr. Mumford then proposed "300,000."—Disagreed to—Ayes 36—Noes 58.
Mr. Cook proposed "250,000."
Mr. Smilie opposed this motion, which was disagreed to—Ayes 37—Noes 69.
Mr. Thomas moved to fill the blank with "100,000."
Messrs. Thomas and N. Williams supported; and Messrs. Holland, and R. Nelson opposed this motion.
Mr. Cook moved to fill the blank with "200,000."
Messrs. Cook, Stanton, and Southard, advocated; and Mr. Macon opposed this motion; which was disagreed to—Ayes 42—Noes 65.
The motion to fill the blank with "100,000." shared the like fate—Ayes 51—Noes 60—as likewise the motion to fill it with "50,000."—Ayes 58.
When the motion of Mr. R. Nelson to fill the blank with "20,000" prevailed—Ayes 57—Noes 42.
Mr. R. Nelson moved to fill the first blank in the second resolution with "300,000."
Mr. Mumford moved to fill it with "3,000."
Mr. Cook supported the motion made by Mr. Nelson which was disagreed to—Ayes 36—Noes 46.
Mr. Thomas moved to fill the blank with "250,000" which motion prevailed—Ayes 53—Noes 33.
The second blank was then filled, on the motion of Mr. R. Nelson, with "50."
Mr. R. Nelson moved an addition to the second section—appropriating the sum of _____ to be applied by the president to arm, man and equip either the whole, or such number of gun boats as he may think the public welfare requires.
This motion was agreed to without a division.
Mr. Thomas offered an additional resolution, authorising and requesting the president to cause measures to be taken to ascertain how the port of New York may be best protected, and to obtain an estimate thereof.
This motion was objected to by Messrs. Smilie, Holland and Lloyd, principally on the ground that if any such enquiry were made, it ought to be extended so as to apply
to the other ports of the U. S. and was negatived—Ayes 39—Noes 46.
The committee then rose and reported the bill.
Mr. Van Cortlandt moved an amendment to the addition to the second section, introduced at the instance of Mr. R. Nelson, authorising the president at any time to man and equip such of the other armed vessels as he may deem proper.
Messrs. Van Cortlandt, Elmer, Mumford and Cook supported; and Messrs. Fisk and Burwell opposed this amendment.
When on motion of Mr. Southard the further consideration of the subject was postponed till Monday, to which day the house adjourned.
(Debate hereafter.)
BOSTON, January 19. The capital of Mexico has been nearly destroyed by an inundation.—When the last accounts were received at Vera Cruz, on the 1st of December, the city had been overflowed for ten days, the water being four feet deep.
CHARLESTON, (S. C.) Jan. 19.
By the arrival of the ship Farmer , capt. Lunt, in 58 days from Greenock, we have been favored with Glasgow and Greenock papers to the 20th Nov. containing London dates to the 17th.
The English Editors observe, that all the usual channels of intercourse on the continent being interrupted, very little correct information can be obtained of the operations of the French armies. BONAPARTE has commenced the destruction of the Prussian principalities: He has issued a decree depriving the old Duke of Brunswick of his sovereignty, and has bestowed that Dukedom upon Marshal Soult , the brother of the French Consul in this city.—We should not be surprised to hear, by our next advices, of a new Monarch for the Prussian Throne, as the usurper has already declared " Je ne connois pas le Roi de Prusse !" The expedition which sailed from Portsmouth on the 12th November, under Gen. Crawford and Commodore Stoford , is destined against some part of South-America, Lima is said to be the object. The 9th regiment of dragoons, only, is bound to Buenos Ayres, which is to part from the fleet in a certain latitude. The naval forces consist of four sail of the line, four frigates, and two brigs with 3,500 troops. It is stated, that Prince Hohenlohe was defeated under the walls of Magdeburg on the 27th of October, and himself wounded. Every battle which is fought and won by the French is an additional nail in the coffin of the liberties of the world.—The Russians and Prussians have joined their forces at Landsberg. The Turkish government has dissolved its alliance with Russia, from the artifices of France. Austria is marching an army towards the frontiers of Silesia.— Courier .
The ship Farmer , which arrived on Saturday, from Glasgow, brings London accounts to the 17th November. They state that the Prince of Hohenlohe had been defeated by the French before Magdeburg with considerable loss; that the marshal of the empire, Soult had been made Duke of Brunswick, by the emperor Napoleon—that the Russians were marching to join the Prussians beyond the Oder.— City Gaz.
WASHINGTON CITY, Jan. 26.
On Thursday evening last Erick Bollman and Samuel V. Swartwout arrived in this city under a military escort, from Annapolis, where the vessels in which they came from New Orleans arrived at the same time. They have since, we understand, remained at the Marine barracks, under the charge of Lt. Col. Wharton.
Advices from New Orleans have been received as late as Dec. 25th. Mr. Ogden had been again arrested—and Mr. Alexander, Gov. Claiborne had offered a reward for the apprehension of Burr.
THE SENATE were engaged during the whole of Friday till a late hour, with closed doors. Both Houses adjourned over till Monday.
We lay before the public the following sketch of proceedings in the circuit court of the U. S. for the district of Columbia. We shall endeavor to present in our next paper a more comprehensive statement.
On FRIDAY Mr. Jones, the attorney of the District, invited the attention of the court to the situation of Erick Bollman & Samuel V. Swartwout , and the crimes laid to their charge. He made a number of remarks going to shew that they had been guilty of treasonable acts against the peace and union of the United States. Evidence to this effect he said would be adduced at a future period. He rose, however, merely to move that the court would issue a warrant directing the marshal of the district to take the prisoners, at present in the hands of military authority, into his custody. He grounded this motion on the affidavits of General Wilkinson, already published. He did this in obedience to instructions received from the executive of the U. S. whose wish it was that they should be surrendered into the hands of the civil authority. Mr. Jones then read the affidavits of General Wilkinson, and went into an argument of some length in support of his motion.
Various questions were submitted by the court, the object of which principally was to ascertain the specific offence charged, and the grounds on which the attorney supported it.
The attorney in reply, made an argument to shew that the offence charged was treason; but contended that if it were of inferior hue, still the arrest and committal were proper to be made.
The court took time further to examine the case. Their hesitation to grant the motion of the attorney arose chiefly from the uncertainty of the offence charged against the prisoners in the affidavits of General Wilkinson; and from the necessity of specifying some specific offence in the warrant of arrest.
ON SATURDAY, on the opening of the court, Mr. Jones observed that it was his wish, previous to a decision on his motion, to submit the evidence of General Eaton and Mr. James Lowry Donaldson, for whom he moved subpoena.
The court ordered subpoenas to be issued for these witnesses.
Mr. Caldwell then said that he held in his hand a petition signed by him in behalf of Messrs. Bollman & Swartwout , whose signatures could not be obtained, as access was denied to them. Mr. C. read the following petition:
To the Judges of the Circuit court of the United States in and for the district of Columbia.
Your petitioners Erick Bollman and Samuel V. Swartwout , respectfully represent that they
are confined within the body of Washington county, in the district of Columbia at the Marine Barracks under a military guard, without just and legal cause, and are deprived of the benefit of counsel, or being confronted with their accusers, and of being informed of the nature of their offence, or of the cause of their commitment. Your petitioners therefore request a writ of Habeas Corpus, in the us al form, directed to Lt. Col. Wharton , or to such other person as may have the custody of your petitioners, that they may be proceeded against as the laws direct, and have an opportunity of being heard in their defence.
For and on behalf of Erick Bollman and Samuel Swartwout .
ELIAS B. CALDWELL, Attorney.
After offering this petition Mr. C. made a concise speech in support of its prayer.
Mr. Jones opposed allowing the prayer of the petition, principally on the ground of its collision with the motion made by him, when declining before the court, the effect of which he contended would be the same as that produced by the writ of Habeas Corpus, if allowed.
Mr. Dorsey replied, in support of the petition. Mr. Caldwell again spoke; and, Mr. Jones replied.
Some further conversation ensued between the counsel—when chief justice Cranch declared it the opinion of the court, that before in strictness a right existed to claim a writ of Habeas Corpus it must appear on affidavit that the warrant of commitment, or other authority, under which the confinement had taken place, had been refused, together with the grounds of refusal. Judge Cranch added that this decision was made under the 31st of Charles Second, which applied to this case.
A objection was made by Messrs. Caldwell and Dorsey to the application of this statute, which was over-ruled by the court.
A short time after this General Eaton and Mr. Donaldson appeared in court.
Mr. Jones said that the testimony of Gen. Eaton would be lengthy, and in order to allow time for his drawing it out, he requested that he might be indulged until Monday.
This course was acquiesced in by the court in respect to both the witnesses.
Mr. Caldwell then offered the following affidavit:
District of Columbia - Washington County, ss. On the 24th day of January, in the year of our Lord, 1807, personally appeared Elias B. Caldwell , who being duly sworn, deposit and saith that he called on Lt. Col. Franklin Wharton , commandant of the Marine corps, and requested of him a copy of the warrant or cause of committal of E. Bollman & S. Swartwout , to which the said Caldwell replied he had no warrant of commitment, but that they were delivered to him in the usual military mode, and that they were merely in his care for safe keeping. Sworn to before me the day and year above written.
WM. BRENT, Clk. Mr. Caldwell added that he had not seen Mr. Bollman , and did not know whether it was his wish to apply for a writ of Habeas Corpus. He would, therefore, only move for a writ of Habeas Corpus for Mr. Swartwout .
Mr. Jones intimated a hope that some days should be allowed for making out the return to the writ which might require deliberation and legal advice.
This was opposed by Messrs. Caldwell and Dorsey.
When the court ordered a writ of Habeas Corpus, in the case of Samuel Swartwout , returned on Monday at one o'clock.
Richmond Theatre.
MRS. BARRETT'S BENEFIT.
This evening, January 30th, will be presented, the celebrated tragedy of
DOUGLA;
OR, THE NOBLE SHEPHERD.
With a Scotch overture and music, adapted to the piece; (between the acts,) by Mr. Decker, leader of the band.
Young Norval Douglas, by Master Barrett, (Only twelve years old.)
Lord Randolph, Mr. Huntingdon. Glenalvon, Mr. Creen.
Old Norval, Mr. Barrett. Bignall.
Officers, } Messrs. { Briers. Servant, } Mr. Martin.
Lady Randolph, Mrs. Barrett. Anna, Mrs. Bignall.
End of the tragedy, will be presented, an Ollipodria, consisting of the following:
1—Comic Song, Mr. Wilmot.
2—The Grecian Fabulist, or the old man, the boy and the ass, to exemplify the impossibility of pleasing every body, Master Barrett.
3—A favorite Song, Mrs. Wilmot.
4—Recitation, Monsieur Tom Son, or the modern art of quizzing, Mr. Barrett.
5—Comic Song the Land of Potoooooooooooo
6—An address to the volunteers of Richmond, written for the occasion, Mrs. Barrett.
After which, FENCING, in the following grades, will be exhibited, for that evening only, by Mr. & Master Barrett.
1st Salute. 2d Carte & Tierce Thrust, by Master Barrett. 3d Carte and Tierce Parade by Master Barrett. 4th Counter, Carte and Tierce, by Master Barrett. 5th Counter, Cartes and Tierce Pushed and Parade, by Esther and Son. To conclude with the salute.
To which will be added, the Musical Entertainment of
THE ADOPTED CHILD.
The Adopted Child (by particular desire and for that night only) Master Barrett.
** Tickets to be had at A. Davis's Printing Office, Mr. Pumphrey's Book Store and of Mrs. Barrett, at Captain Davidson's Tavern, near the Capitol.
Attention!!
A MEETING of the Members composing the Washington and Jefferson Artillery Company, is requested at the house of Mr. Hugh Davis, opposite Byrd's Warehouse, on Wednesday, the fourth of next month, at 6 o'clock in the evening, to make arrangements for the 22d of February.
By order of the Captain.
N. B. Those who have friends that wish to become members of the company, are requested to attend for the purpose of nominating them.
Jan. 30, 1807.
Negroes for Sale.
ON Monday, the 16th day of February, 1807, will be SOLD, at the Vendue-Office of Messrs. Prosser & Moncure, Eleven Valuable Negroes , belonging to the estate of Otway Byrd , deceased, consisting of three young and likely Men, one of whom is an excellent Cook; a middle aged but likely Man, who is a good ostler and driver of a Carriage; four fine boys, two of whom are accustomed to waiting on genteel company; two women, and a child—Twelve months credit will be allowed, bond with good security being given, bearing interest from the date; but on punctual payment of the principal, the interest will be remitted.
ANNA BYRD, Admr'x. With the will annexed of OTWAY BYRD, dec'd. Richmond, Jan. 28th, 1807. tds 4
Advertisement.
THE Subscriber, offers for Sale, a tract of LAND, in Buckingham county, on the waters of Slate River , four miles from the courthouse, containing seven hundred acres, one hundred cleared—Possession will be given next fall, and a credit for the whole amount, until 1811. Any person, wishing to purchase, will please call and view the premises.
Samuel Jones. Jan. 25th, 1807. 3tw
CONFORMABLE to a deed of trust, executed by John P. Shields and Jane C. his wife , to the subscriber, for the purpose of guaranteeing the payment of a debt due Samuel Ellison , of two thousand dollars, payable in two equal instalments, one moiety, due the 25th of December, 1806, the other the 25th of June, 1807—Will be Sold, on the premises, for Cash, without reserve, to the highest bidder, (between the hours of 11 and 12 o'clock, on Wednesday, the 25th of February next,) so much of the following
PROPERTY,
as will cover the first payment of the above debt, with all attendant charges, viz: one Lot of Ground, on Shockoe-hill , in the city of Richmond , numbered in Du-Val's plan, per Wm. G. Payne's survey, 101, and one fourth part of an adjoining lot, known in said plan as No. 102—both lots considerably improved.
Arch'd. Pleasants, Jr. Trustee. Jan. 30, 1807. 3w
The Richmond Academy,
For Female Education, will be opened, in the house lately occupied by James Penn, Esq. on Monday, the 2d day of Feb. 1807, under the superintendence of
Mrs. Anna Byrd,
WHO will herself, teach such pupils, as shall be entrusted to her care, to read and write English Grammaticaly, together with Arithmetic and Needle work. Her terms are one hundred and fifty dollars per annum, for board and lodging, including fire, candles and washing, and twenty dollars for tuition. The Rev. John D. Blair , is appointed teacher of Geography and History. His compensation for each pupil, whom her parent or guardian may direct to be attended by him, is fifteen dollars per annum. The said sums are payable quarterly in advance. The utmost attention will be paid to the morals of the young Ladies received into the Academy, as well as to their improvement in science. Other persons will be employed, so soon as the number and progress of the scholars shall render it expedient, to teach the French and Italian languages, the principles of Natural and Moral Philosophy and Natural History, Music, Dancing and Drawing; — of which notice will in due time be given to the public by
The Trustees. Richmond, Jan. 27th, 1807. wtf
At a Quarterly Court, continued and held for Prince Edward county, Nov. 18th, 1806.
Robert Venable, exor. of Nathaniel Holloway, Complainant, against
William Pattman and John Johnston, defendants,
THE defendant Pattman , 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 complainant by his counsel, It is ordered, that the said defendant Pattman , do appear here on the first day of March court next, and answer the complainant's bill—and that a copy of this order be forthwith inserted in some one of the public newspapers printed in the city of Richmond , for two months successively, & also posted at the front door of the courthouse of this county.
A copy, teste, Benjamin Watkins, D. C.
Valuable property for sale. </

The following case, selected from Hening and Mumford's Reports lately published, and now for sale at this office, is hoped will be interesting to our readers. The very able and enlightened opinions delivered by Judges Tucker and Roane are well worthy of the perusal, not of Lawyers only, but of every liberal-minded friend of the rights of human nature. The points decided were, 1st, That where white persons or native American Indians or their descendants in the maternal line are claimed as slaves, the onus probandi lies on the claimant; but it is otherwise with respect to native Africans and their descendants, who have been and are now held as slaves. 2d, That in suits for freedom, a variance between the evidence and the case stated by the plaintiff will not be regarded by the court: but the decision will be according to the rights of the parties, in the case made out by the evidence at the trial. 3d, That if a female ancestor of a person asserting a right to freedom is proved to have been an Indian, it seems incumbent on those who claim such person as a slave to show that such ancestor, or some female from whom she descended, was brought into Virginia between the years 1679 and 1691, and under circumstances, which according to the laws then in force, created a right to hold her in slavery. I. seems also deducible from this case, that no native American Indian could be made a slave under the laws of Virginia, since the year 1691.
SUPREME COURT OF APPEALS.
HUDGINS against WRIGHTS.
THE appellants, in this case, which was an appeal from the High Court of Chancery, were permitted to sue in forma pauperis . The appellant being about to send them out of the state, a writ of ne exeat was obtained from the chancellor, on the ground that they were entitled to freedom. In their bill, they asserted this right as having been descended, in the maternal line, from a free Indian woman; but their genealogy was very imperfectly stated. The time of the birth of the youngest was established by the testimony; and the characteristic features, the complexion, the hair and eyes were proven to have been the same with those of whites. Their genealogy was traced back by the evidence taken in the cause, (though different from that mentioned in the bill) through female ancestors, to an old Indian called Butterwood Nan . One of the witnesses who had seen her, describes her as an old Indian. Others prove, that her daughter Hannah , had long black hair, was of the right Indian copper color, and was generally called an Indian by the neighbours, who said she might recover her freedom if she would sue for it; and all those witnesses deposed that they had often seen Indians. Another witness ( Robert Temple ) whose deposition was taken on the part of the appellant, proves that the father of Butterwood Nan was said to have been an Indian, but he is silent as to her mother.
On the hearing, the late chancellor perceiving from his own view, that the youngest of the appellants was perfectly white, and that there were gradual shades of difference in color between the grandmother, mother, and grand-daughter, (all of whom were before the court;) and considering the evidence in the cause, determined that the appellants are entitled to their freedom; and, moreover, on the ground that freedom is the birth-right of every human being, which sentiment is strongly inculcated by the first article of our "political catechism," the bill of rights,—he laid it down as a general position that whenever one person claims to hold another in slavery, the onus probandi lies on the claimant.
Randolph , for the appellant. The ground on which the appellees claim their freedom is, that they are lineally descended from a free Indian woman. On the other side it is contended, that they are descended from a negro woman by an Indian. Although the circumstance of their being white operated on the mind of the chancellor, who decreed their freedom; yet as the whole of the testimony proved them to have been descended from a slave, the presumption on which that decree was founded must fail.
Whether they are white or not, cannot appear to this court from the record. They have asserted their right to freedom on very different grounds; and have not, in their evidence, made out the genealogy stated in their bill.
If they could derive their descent from Indians in the maternal line, still it will be found from the evidence that their female ancestor was brought into this country between the years 1679 and 1705, and under the laws then in force might have been a slave.
Judge Tucker. Is not that a mistake? The act of 1705, in the clause which respects a free trade with all Indians whatsoever, is a literal transcript from an act of 1691; the title of which is preserved in the edition of 1733.
Rhodes . In all the cases decided by this court on the present question, the act of 1705, has been considered as restricting the right of making slaves of Indians; and those cases are authority with me.
Geo. K. Taylor, for the appellees. This is not a common case of mere blacks suing for their freedom; but of persons perfectly white. The peculiar circumstances under which the bill was drawn, will readily account for any inaccuracies which may appear in stating the genealogy of the appellants. But would it have been prudent or even necessary to delay the cause, by an amended bill?
He then took a circumstantial view of the evidence, and inferred that it clearly proved the appellants to have descended from an Indian stock: all the witnesses deposed to the fact that the female ancestor under whom they claimed, was "of the right Indian copper color," with long black hair; that she was called an Indian in her master's family, and by the neighbors generally, who said she might get her freedom if
* See Tucker's Black. vol. 1, part 2, note to Appendix, pa. 47.
she would sue for it; and many of them had often seen Indians. What more than strong characteristic features would be required to prove a person white?
If, in fact, the appellees are descended from Indians, it is incumbent on the appellant to prove that they are slaves; the appellees are not bound to prove the contrary.
From the beginning of the world till the year 1679, all Indians were in re , as well as right , free persons. In that year an act passed declaring Indian prisoners taken in war to be slaves; and in 1682, another, that Indians sold to us by neighboring Indians and others trading with us should be slaves. These acts remained in force (till 1691, as supposed by one of the judges, or at farthest) till 1705, when it has been decided they were repealed.
As all Indians were free, except those brought into this country within the periods and under the circumstances just mentioned, the appellant must bring the appellants within those exceptions to be entitled to their services as slaves.—Not a case can be shown from the books, where a person claiming under an exception, must not bring himself within it. This is the law with respect to the act of limitations, and many others.
Having proved the descent of the appellants to have been from Indians, as he conceived, he then undertook to prove, from the course of nature, and the early periods at which Indians, unrestrained by a sense of modesty, propagate their species, that the appellants, by descent , could trace their genealogy back to Indians, who must have been brought into this country since the year 1705.
Randolph in reply. The circumstance of the appellees' being white, has been mentioned, more to excite the feelings of the court as men, than to address them as judges.
In deciding upon the rights of property, those rules which have been established, are not to be departed from, because freedom is in question. The allegata et probata ought surely to be attended to; as the appellant has not had an opportunity of answering the pedigree stated in the bill. But if he were compelled to go into evidence, without regard to the allegations of the bill, he was prepared to show that the weight of it was with the appellant.
He then endeavored to show, from the testimony, that the original Indian stock from which the appellees descended, was derived from the paternal line. They are bound to prove that they are descended from a free Indian woman. It has been uniformly decided in this court, that the maternal line must be established before the onus probandi , is thrown on the other side.
Cur. adv. vult. Tuesday, Nov. 11th, the judges delivered their opinions.
Judge TUCKER.—In this case the paupers claim their freedom as being descended from Indians entitled to their freedom. They have set forth their pedigree in the bill, which the evidence proves to be fallacious. But as there is no Herald's Office in this country, nor even a Register of Births for any but white persons, and those Registers are either all lost, or of all records probably the most imperfect, our Legislature even in a writ of Præcipe quod reddat has very justly dispensed with the old common law precision required in a writ of right, and the reason for dispensing with it in the present case is a thousand times stronger. In a claim for freedom, like a claim for money had and received, the plaintiff may well be permitted to make out his case on the trial according to the evidence.
What then is the evidence in this case? Unequivocal proof adduced perhaps by the defendant, that the plaintiffs are in the maternal line descended from Butterwood Nan an old Indian woman;—th—she was 60 years old in 1775, or upwards;—that it was always understood as the witness R. Temple says, that her father was an Indian, though he cautiously avoids saying he knew, or ever heard, who, or what, her mother was. The other witness, Mary Wilkinson , the only one except Robert Temple , who had ever seen her, describes her as an old Indian; and her testimony is strengthened by that of the other witnesses, who depose that her daughter Hannah had long black hair, was of a copper complexion, and generally called an Indian among the neighbors;—a circumstance which could not well have happened, if her mother had not had an equal, or perhaps a larger portion of Indian blood in her veins. As the rule partus sequitur ventrem obtains in this country, the deposition of Robert Temple as to who was reputed to be the father of Butterwood Nan , without noticing her mother, is totally irrelevant to the cause. It could not serve the complainant, a fortiori , it shall not prejudice her. It was, perhaps, intended as a sort of negative pregnant. But it has not even the tinge of that importance in my estimation.
In aid of the other evidence, the chancellor decided upon his own view. This, with the principles laid down in the decree, has been loudly complained of.
As a preliminary to my opinion upon this subject, I shall make a few observations upon the laws of our country, as connected with natural history.
From the first settlement of the colony of Virginia to the year 1778, (Oct. Sess.) all negroes, Moors, and mulattoes, except Turks and Moors in amity with Great Britain, brought into this country by sea, or by land, were slaves. And by the uniform declaration of our laws, the descendants of the females remain slaves, to this day, unless they can prove a right to freedom, by actual emancipation, or by descent in the maternal line from an emancipated female.
* 1 Wash. 123. Jenkins vs. Tom . Vid 229. Coleman vs. Dick & Pat .
for a free trade with Indians," the title of which, (chap. 9.) will be found in the edition of 1733, pa. 94: And the enacting clause of which, I have reason to believe is in the very words of the act of 1705, upon which this court have pronounced judgment in the cases referred to. I will here mention those reasons. On the trial of a similar question on the Eastern shore, two copies of Purvis's edition of the laws of Virginia, were produced. At the end of both was added a manuscript transcript of all the acts of assembly subsequently passed for a series of years; the titles, number of chapters, &c. perfectly agreeing with the titles, number and order in which they are printed in the edition of 1733. In one of these copies (both evidently of ancient date, and as I think both attested by the Secretary of the colony,) I found the enacting clause in the same precise words, as they stand in the act of 1705. In the other copy, the leaf on which that act must have been transcribed, was with one, or at most two others, evidently torn out: probably with a view to hide the act from the scrutinizing eye of a court. I think it highly probable, that at that period, the county courts were furnished with the laws of the colony in this mode; there being at that time no printing presses in Virginia.— Purvis's collection being printed in England. I have myself a mutilated copy of the same character and description,—but those in whose possession it had been, had torn out almost an hundred pages at the beginning, and so many at the end as not to leave the act in question, before I became possessed of it. These are my reasons for referring the commencement of the law in question to so remote a period: for the acts of 1705, were like those of 1792, a digest of the former laws of the colony, rather than a new code.—By an act passed in the year 1679, it was, for the better encouragement of soldiers, declared that what Indian prisoners should be taken in a war in which the colony was then engaged should be free purchase to the soldier taking them. In 1682, it was declared that all servants brought into this country, by sea or land, not being Christians, whether negroes, Moors, mulattoes, or Indians, except Turks and Moors in amity with Great Britain; and all Indians which should thereafter be sold by neighboring Indians or any others trafficking with us, as slaves, should be slaves to all intents and purposes. The General Court held, (and I presume this court, consisting nearly of the same judges, have done the same,) that the passing the act authorizing a free and open trade for all persons, at all times, and at all places, with all Indians whatsoever, did repeal the acts of 1679 and 1682. I concur most heartily in that opinion; referring the commencement of that act to 1691 instead of 1705, for the reasons mentioned. Consequently I draw this conclusion, that all American Indians are prima facie free: and that where the fact of their nativity and descent, in a maternal line, is satisfactorily established, the burthen of proof thereafter lies upon the party claiming to hold them as slaves. To effect which, according to my opinion, he must prove the progenitor of the party claiming to be free, to have been brought into Virginia, and made a slave between the passage of the act of 1679, and its repeal in 1691.
All white persons are and ever have been free in this country. If one evidently white, be notwithstanding claimed as a slave, the proof lies on the party claiming to make the other his slave.
Though I profess not an intimate acquaintance with the natural history of the human species, I shall add a few words on the subject as connected with the preceding laws.
Nature has stamped upon the African and his descendants two characteristic marks, besides the difference of complexion, which often remain visible long after the characteristic distinction of color either disappears or becomes doubtful; a flat nose and woolly head of hair. The latter of these characteristics disappears the last of all: and so strong an ingredient in the African constitution is this latter character, that it predominates uniformly where the party is in equal degree descended from parents of different complexions, whether white or Indian; giving to the jet black tank hair of the Indian a degree of flexure, which never fails to betray that the party distinguished by it, cannot trace his lineage purely from the race of native Americans. Its operation is still more powerful where the mixture happens between persons descended equally from European and African parents. So pointed is this distinction between the natives of Africa and the aborigines of America, that a man might as easily mistake the glossy, jetty clothing of an American bear for the wool of a black sheep, as the hair of an American Indian for that of an African, or the descendant of an African. Upon these distinctions as connected with our laws, the burthen of proof depends. Upon these distinctions not unfrequently does the evidence given upon trials of such questions depend; as in the present case, where the witnesses concur in assigning to the hair of Hannah , the daughter of Butterwood Nan , the long, straight, black hair of the native aborigines of this country. That such evidence is both admissible and proper, I cannot doubt. That it may at sometimes be necessary for a judge to decide upon his own view, I think the following case will evince.
Suppose three persons, a black or mulatto man or woman with a flat nose and woolly head; a copper-colored person with long jetty black, straight hair; and one with a fair complexion, brown hair, not woolly nor inclining thereto, with a prominent Roman nose, were brought together before a judge upon a writ of Habeas Corpus , on the ground of false imprisonment and detention in slavery: that the only evidence which the person detaining them
* The attestation of these acts was stated from memory. Since delivering the above opinion, I have seen another copy of Purvis's collection of the Laws, to which is subjoined a continuation of the acts of Assembly, in manuscript, for two succeeding sessions, but not as far down as the act of 1691. The acts of each of those sessions are attested by the Clerk of the Assembly; which may probably be the case with those to which I have before alluded.
in his custody could produce was an authenticated bill of sale from another person, and that the parties themselves were unable to produce any evidence concerning themselves, whence they came, &c. &c.—How must a judge act in such a case? I answer he must judge from his own view. He must discharge the white person and the Indian out of custody, taking surety, if the circumstances of the case should appear to authorise it, that they should not depart the state within a reasonable time, that the holder may have an opportunity of asserting and proving them to be lineally descended in the maternal line from a female African slave; and he must re-deliver the black or mulatto person, with the flat nose and woolly hair to the person claiming to hold him or her as a slave, unless the black person or mulatto could produce some person to be bound for him, to produce proof of his descent, in the maternal line, from a free female ancestor.—But if no such caution should be required on either side, but the whole case be left with the judge, he must deliver the former out of custody, and permit the latter to remain in slavery, until he could produce proofs of his right to freedom. This case shows my interpretation how far the onus probandi may be shifted from one party to the other: and is, I trust, a sufficient comment upon the case to show that I do not concur with the chancellor in his reasoning on the operation of the first clause of the Bill of Rights, which was notoriously framed with a cautious eye to this subject, and was meant to embrace the case of free citizens, or aliens only; and not by a side wind to overturn the rights of property, and give freedom to those very people whom we have been compelled from imperious circumstances to retain, generally, in the same state of bondage that they were in at the revolution, in which they had no concern, agency or interest. But notwithstanding this difference of opinion from the chancellor, I heartily concur with him in pronouncing the appellees absolutely free; and am therefore of opinion that the decree be affirmed.
(Judge Roane's opinion in our next.)
"This court, not approving of the chancellor's principles and reasoning in his decree made in this cause, except so far as the same relates to white persons and native American Indians, but entirely disapproving thereof, so far as the same relates to native Africans and their descendants, who have been and are now held as slaves by the citizens of this state, and discovering no other error in the said decree, affirms the same."
Private Academy.
DURING the ensuing year the Rev. G. H. DEVENISH will resume and pursue the professional instruction of youth, at the Sweet Springs. The extreme healthiness of the situation, the cheapness of boarding, the total exclusion from every opportunity or incitement to dissipation, and the singular advantage it enjoys of being visited by a number of literary characters, capable of inspecting and superintending its management, render this among the most eligible situations in Virginia for an institution of this nature, and are among the principal reasons which have induced him to make choice of this most delightful and advantageous place, as the seat of his seminary.
His course of instruction will be divisible into two parts: The first will comprehend English Grammar, Geography with the use of the Terrestrial Globe and Maps, Elocution, Arithmetics, Book-keeping, Euclid's Elements. The greatest attention will also be paid to the study of the dead languages, where it may be the desire of parents or guardians. The second part will comprehend Logic, Political Economy, History, Composition and Ethics. It is his most anxious wish that a majority of his pupils may be composed of boys from nine to fifteen years of age, who will be continued under his direction till they shall complete the course.
Under these circumstances he flatters himself it would be in his power to render permanent and substantial services, and to inspire his pupils with a love of virtue, knowledge and predilection for manly, useful and honorable sentiments and pursuits, which would exert a predominant influence over their future happiness and usefulness in life.
He wishes to receive from 20 to 25 pupils. His charge for tuition will be 10 dollars per quarter, paid in advance, for boys under 15 years of age, and 12 1-2 dollars per quarter, paid in advance, for boys beyond that age. His charge for board, washing, candles and fire (the fees of tuition not included) will be 20 dollars per quarter, paid in advance, for boys under 15 years of age, and 22 1-2 dollars per quarter, paid in advance, for boys after that age. Each boarder must furnish his own bed, or be subjected to an additional charge of 7 dollars per annum, payable as above, in case of having it furnished.—Parents who may wish to place their children under his direction will please make application to Messrs. GEORGE and ROBERT TURNER, Richmond, or to the subscriber at the Sweet Springs.
G. H. DEVENISH.
N. B. THE Academy will go into operation the first Monday in February, 1807. The hours of public tuition in this seminary, will be from 9 o'clock every morning (Sundays excepted) till 1 o'clock, and again from 3 till 5 o'clock in the afternoon. No vacations that can possibly be avoided will be permitted, Mr. D. conceiving them equally injurious to the morals of the teachers and pupils.
Sweet Springs, Nov. 22, 1806. w8t
RAN away from the subscriber, about Christmas, a negro man named JOHN; he is about six feet high, rather likely and extremely polite when spoken to. For two years past he lived with Mr. Anderson Barrett, and is generally known in Richmond, where he has a wife—he is about 35 years of age, and is a carpenter by trade. I will give five dollars for his delivery to me in New-Kent county, or secured in jail and I apprised of it.
Armistead Russell.
January 20, 1807. 1f
W. HAIGHT, Upholsterer and Paper-hanger,
FROM NEW-YORK;
RESPECTFULLY informs the inhabitants of Richmond and its vicinity, that he has taken a house in the main-street nearly opposite the Old City Tavern, where he has for Sale, a large and elegant assortment of the following Upholstering articles, viz. 5000 pieces of French, English, Dutch and American Paper-hangings, with elegant Borders to suit; Fringes, Tossels, Cords, Bed-laces and Curtain-bindings of different colors and qualities; Sophas, Settees, Easy-chairs; Hah, Moss and Flock Mattresses; likewise, a large and fashionable assortment of MAHOGANY FURNITURE, made by the best and most approved workmen in New-York, viz. Sideboards, Bed-steeds of different kinds, Dining-tables, with and without ends; Card-tables, Portable Desks, Sattin-wood ladies' writing-tables, Foot-stools, Wash-hand-stands, Butlers' trays, Secretaries with and without Book-cases, Letter-cases with tables, Knife-boxes and Music-cases, with a number of other articles too tedious to mention.
Bed and Window Curtains made in the most fashionable style.
W. HAIGHT, flatters himself that his knowledge in the above business, and the constant supplies which he shall receive, will entitle him to the patronage of a generous public.
All the above articles will be disposed of on the lowest terms, for cash or negotiable notes.
Live Geese Feathers, and Horse-hair, bought and sold.
Richmond, November 3d, 1806. w3m
NOTICE.
BY virtue of a deed of trust, a parcel of choice NEGROES consisting of ten Men, that have been accustomed to live in the upper country, and as likely as any in the commonwealth, will be offered for Sale to the highest bidder, to satisfy a debt due Carter Page, esq. to the Messieurs Deane's, at Cumberland courthouse, on Monday the 26th of January next, (being court day;) a credit of twelve months will be allowed, the purchasers giving bond and approved security. It is agreed by the parties that the subscriber shall act for the trustee.
SAMUEL TAYLOR, Jr. Nov. 17, 1806. wtds
POSTPONEMENT.
In conformity to the wishes of all the parties concerned, the sale of the above mentioned NEGROES is postponed until the Fourth Monday in March next.
SAMUEL TAYLOR, Jr. Agent for the Trustee. January 16, 1807. wtds
WILL be SOLD, for Cash, on the twenty fourth day of the present month, at the house of Robert Draffen,
A tract or parcel of Land, containing by estimation seven hundred and twenty-two acres, be the same more or less, being the tract of land on which the said Draffen now resides, and adjoining the lands of George Divers, Thomas Garth, sen. &c. lying on the waters of Ivey creek in the county of Albemarle.—Also, two NEGRO MEN, Sancho and Squire, twelve head of Cattle, five head of Horses, fifty head of Hogs and five Feather Beds and Furniture; conveyed to me in trust by said Robert Draffen, to secure the payment of a debt due Brown, Rives & Co. and for other purposes, as in said conveyance expressed.—Being only interested as trustee for the benefit of others, will only convey title to said property as trustee.
Fleming Turner, Trustee. Milton, January 1st, 1807.
Owing to the advertisement above, not having appeared in the newspapers three weeks previous to the day of sale, agreeable to the requisitions contained in the deed, the sale of the above property, is postponed (land, negroes, &c) and will certainly take place on Tuesday, the twenty fourth day of February next, at the house of said Robert Draffen, on the terms above-mentioned.
Fleming Turner, Trustee. Milton, 24th January, 1807. 3v
WILL be SOLD, for Cash, on the twenty-third day of the present month, at the house of John Mullens, Jr.
A tract or parcel of Land, being the tract on which the said Mullens now resides, and adjoining the lands of Hazel Brown, James Harrison, &c. supposed to contain two hundred acres, be the same more or less, conveyed to me in trust by said John Mullens, Jr. to secure the payment of a debt due Brown, Rives & Co. &c. as in said conveyance expressed.—Being only interested as trustee for the benefit of others, will only convey title to said land vested in me as such.
Martin Dawson, Trustee. Milton, January 1st, 1807.
Sale of above mentioned tract of land, by consent of parties, postponed till 25th day of February next—on which day, it will certainly take place at the house of said John Mullens, Jr.
Martin Dawson, Trustee. Milton, 23d January, 1807. 3v
Notice.
THE subscriber requests all indebted to him by bond or on open account, to discharge their respective debts. This notification is given in consequence of his declining the mercantile business in Manchester, and intention to remove; therefore the necessity of an immediate compliance with it by those who wish to avoid law suits.
COLIN MACRAE. Manchester, 19th Jan. 1807. 2w
Notice.
THIS day, by mutual consent, the copartnership of JOHN & GEORGE ROWLAND is dissolved. All those indebted to said concern are requested to make immediate payment, as no indulgence can be given—and those having claims are desired to call on John Rowland, who will settle the business of the concern.
JOHN ROWLAND. GEORGE ROWLAND. Richmond, 25th Jan. 1807. 3w
Bail and Delivery Bonds For sale at this office.