Virginia Argus (Richmond, Va.), 1807-10-27 00:00:00

VIRGINIA ARGUS.
[XVth YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1401.]
RICHMOND:—PRINTED (ON TUESDAYS AND FRIDAYS) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
[Four Dollars Per Annum—paid in Advance.]
TUESDAY, OCTOBER 27, 1807.
12 1-2 Cents Single.
Richmond Price Current.
   (CORRECTED WEEKLY.)     Tobacco, 8 5 00 cash.   Wheat, new, 1 00 do.   Flour, superfine, new, 5 50 do.   Flour, fine, 5 00 do.   Corn, 3 50 do.   Hemp, clean, (per ton) 180 00 do.   Iron, 110 00 do.   Bacon, 14 do.   Whiskey, 45 do.  
Valuable Land for Sale.
To be sold, at Mecklenburg Courthouse, on the second Monday in November next (the long court day) if fair, if not, on the next fair day, at the same place, at public sale, to the highest bidder.
558 Acres of LAND.
Lying on Roanoke river, in the said county, being the balance remaining unsold of the tract known by the name of OCCONECHEE , at present leased to William Birchett, whose lease will expire on the first day of January next, on which day possession will be delivered to the purchaser. A considerable part of this land consists of as fine low grounds as any on Roanoke. The high land also is generally of very good quality, well adapted to the production of corn, tobacco, wheat and oats. A great proportion is yet in woods, and heavily timbered.
The plantation has every convenient house for an overseer and negroes barns for tobacco, &c. and all the grounds in cultivation are under excellent fences. It is expected, however, that any person desirous of purchasing will view the premises himself.
The situation of this land, so convenient to the navigation of Roanoke, which will probably in a few years be connected by canals with the rivers Meherrin, Chowan and Nansemond, and the bay of Chesapeake, must make it an object of importance to a man possessed of capital and desiring to employ it profitably.
One third of the purchase money is to be paid in hand. Credit will be given for another third until the first day of January, 1809 and for the remaining third until the first day of January, 1810, the purchaser giving bonds with good security for the payment of the money with interest from the day of sale, (which in credit is to be remitted in case the principal is punctually paid) and further securing the said payments by a deed of trust on the premises. An accurate plot of the land will be shown on the day of sale, and an unquestionable title made to the purchaser, by
Wm. Munford.
Richmond, Sept 25, 1807.
   Now Landing and for Sale,     20 hhds Leaf Sugar 20 hhds first quality   20 hhds Rye Whiskey brown sugar   17 hhds Antigua Rum 25 boxes cotton Cards   10 Tierces prime green 10 casks Malaga Wine   Coffee 2 ton patent Shot.  
   In Store,     40 bags Green Coffee 50 hhds N E Rum   20 bags Pepper 15 pipes 4th proof Cognac   30 boxes 8 by 10 Glass mac Brandy   20 trunks Shoes 20 kegs Hamilton's   2 ton bar Lead Soul    Terms liberal, and made known on application to
HENRY HOOPER.
October 20, 1807
Potomac Company.
NOTICE is hereby given, that application will be made to the General Assembly of Virginia at their next session, to allow the Potomac Company the further time of three years, to be computed from the expiration of the term already given, to complete the navigation of Shenandoah river.
Alexandria, October 10th, 1807
Land for Sale.
ON the second day of November next will be sold, on the premises a TRACT OF LAND , in the lower end of Goochland County, containing 221 Acres, being the Land whereon Gideon Hatcher, late Sheriff of said County, lived and died. There is on said Tract of Land a good Dwelling House, Barn, &c. Apple and Peach Orchard. The aforesaid Tract of Land will be sold by the Coroner to satisfy a debt due the public for cash, or on three months credit.
THOMAS MILLER, Acting Adm r of GIDEON HATCHER, Dec. Goochland, October 10th, 1807.
NOTICE is hereby given, that the following Slaves, to wit, Rachel and her two children, named Edmund and George; Charlotte, Judy, Davy, Janey and Violet, or so many of them as will satisfy the balance due on a deed of trust executed by Benedict Crump to me as trustee, for the benefit of Robert Christian, and transferred to Thomas Claiborne by said Robert Christian; will be sold, on the 23d of November next, at New Kent court house, for ready money.
JONES R. CHRISTIAN, Trustee. October 16th, 1807.
TO RENT.
IN a large Brick House on the main street, on Shockoe Hill, nearly opposite Mr Wythe's Brick Buildings. The lower story is neatly fitted for an Apothecary's shop, and the upper apartments are well calculated for a boarding house; for which purposes they have been used for several years past. Also the upper part of another house, adjoining, very convenient for the accommodation of a small family. Possession of the former may be had immediately, and of the latter on the 1st day of December next.
ROBERT HYDE.
The subscriber, living on Shockoe Hill, near Mr Thomas Elliott's, has good accommodations for boarders, and would take from ten to fifteen gentlemen members of the next General Assembly.
ROBERT HYDE, Richmond, October 18th, 1807.
Super-Royal Printing Paper.
One hundred reams Super-Royal PRINTING PAPER for Sale.—Apply to the Printer. Sep. 10.
Circuit Court.
MOTION FOR COMMITMENT.
FRIDAY, October 2.
Gen. Wilkinson's testimony continued.
Mr. Wickham demanded the production of the whole letter of the 12th of November. General Wilkinson, did you lay it before the grand jury? A. I did.
Mr. Burr. The entire letter has been used against me before the grand jury. All idea of state secrets is therefore at an end; and there can be no objection to produce the whole of it in court. I shall expect that General Wilkinson will bring the whole of it into court to-morrow. Mr. Hay. I have nothing, sir, to say on this subject.
Chief Justice. The President has certified his reasons for communicating only certain parts of that letter; and he believes that the other parts have no application to the present prosecution. Mr. Martin. I hope the court has not already decided that point. Has not this court already declared that the President has no more power here, than any other man? If this be law, for which gentlemen now contend, God forbid that I should remain a citizen of the United States! And is Mr. Jefferson to be a judge of the relevancy of evidence, in a prosecution in which he has taken so active a part against the accused? Mr. Jefferson, sir, is a man of no great legal knowledge. He was of no celebrity as a lawyer before the revolution, and he has since been so much engaged in political pursuits, that he has had time enough to unlearn the little law he ever knew—Mr. Hay. The only end of this conversation is to abuse Mr. Jefferson—Mr. Martin. Sir, we shall so use Mr. Jefferson, as not to abuse him. Remember that the life and liberty of Colonel Burr are shown to be no longer dependent on Virginians; and therefore I am freed from any restraint, in declaring what I think. If Mr. Jefferson himself was here, would not this court call him before it, and make him disclose upon oath, the contents of that letter? Suppose, sir, that in this letter General Wilkinson has denounced Governor Claiborne and Cowley Meade; suppose that he has represented all the people of New Orleans as disaffected; suppose that he has attempted to throw every influential man but himself under the suspicion of the government, in order that he may raise himself into favor; is this a satisfactory reason why this letter should be respected or withheld? Mr. Burr repeated that this letter had been laid before the grand jury; that it was therefore no longer a state secret; and that he had a right to ask for anything which General Wilkinson had showed or said to the grand jury. Chief Justice. After such a certificate from the President of the U. States, as has been received, I cannot direct the production of those parts of the letter, without sufficient evidence of their being relevant to the present prosecution. I should suppose, however, that the same source, which informed you of the existence of this paper, might inform you of the particular way in which it was relevant. Mr. Burr. In such a case I ask no man's opinion, but my own. Chief Justice. I cannot assist you. Mr. Burr. Have not I a right to ask what any one said before the grand jury? Mr. Wickham read certain parts of the extracted and furnished copy, to show that from the context of those parts, the omitted passages bore directly on the subject. The President of the United States might have had proper reasons on account of General Wilkinson, to withhold those parts, but General Wilkinson himself has no right to withhold them; and if he produced the whole letter before the grand jury for the sake of exonerating Colonel Burr, he may certainly be called upon to lay it before this court.
General Wilkinson begged leave to correct the expression of the gentleman about his motives. He did not produce this letter before the grand jury to exonerate Col. Burr, but to vindicate himself. Mr. Wickham. That is the very thing which I say. Why did he wish to vindicate himself, but to give greater effect to his exonerating of Colonel Burr? General Wilkinson begged leave to state another consideration. When he appeared before the grand jury, he recollects Mr. Taylor of the grand jury enquired of him, whether he introduced certain papers to vindicate his own conduct, and that he replied in the affirmative; he remembers also observing to the grand jury, that certain parts of his information involved such delicate personalities, that he should not willingly give it publicity, and therefore he hoped, what he said would be received in confidence, to which a member (Mr. Barbour) after some pause, replied, "whatever you say here, sir, is received in confidence." Mr. Hay. Mr. Tazewell is here and will confirm that statement. Mr. Burr. Then they did a very improper thing; and I hope this court will not countenance such a proceeding. The gentlemen must be mistaken, Sir. The grand jury could not thus receive secret information. Mr. Hay observed, that gentlemen acted very precipitately in condemning the grand jury unheard; and appealed to Mr. Tazewell for what he knew on this subject. Mr. Burr. They have no right to introduce a witness now, when we have one under examination. Mr. Wirt supposed, that when the grand jury was thus charged by the accused or his counsel, they had a right to appear in vindication of their own conduct. Mr. Burr. That may be a pleasant occupation to the court hereafter. But at present we have a witness under examination.
After a long and desultory argument, the Chief Justice determined that the correct course was, to leave the accused all the advantages which he might derive from the parts actually produced; and to allow him all the advantages of supposing that the omitted parts related to any particular point. The accused may avail himself as much of them, as if they were actually produced. Mr. Wickham. We shall then insist in the course of argument, that our suppositions if not disproved, must be received as evidence. Mr. Martin. And I shall take the liberty of stating what is actually contained in the omitted parts of the letter. For I know what they are. Mr. Wirt. Mr. Martin, Sir, is privileged to say what he pleases of any person or thing.
Mr. Burr to General Wilkinson. Was there not an order given by you to seize the person of Mr. Pinar? A. I have no recollection that I gave such orders; and I conclude from the circumstance of an explanation I made in the newspapers that I did not. Mr. Burr. I have seen an order said to have been from you, for seizing him? A. I do not recollect it; but if any such is shown to me, I shall certainly confess it. Q. Did you give any orders to arrest Dazevzac? A. I gave general orders only. I stationed a guard about two miles above New Orleans to stop boats and persons. Q. What were the orders given to that guard? A. To stop all persons descending the river. Q. And to seize papers too? A. I do not recollect. Q. Were the papers of Mr. Pinar brought to you? They were; but they were immediately returned.
Mr. Hay. Is it the opinion of the court that General Wilkinson is to be interrogated about all his transactions at N. Orleans? I object not to hearing the truth; but I cannot consent to this sacrifice and waste of time. I believe it to be a principle of law, that when a witness is introduced by the prosecution, he is only to be cross-examined about the points of his original testimony. Is this prosecution never to end? or are we to wait to give the accused an opportunity of entrapping General Wilkinson, which they avow to be the object of these interrogatories? Mr. Wickham. It is a novel idea, just started by the gentleman. If such were the law, the prosecution need only to seize on the most material witness on behalf of the accused, examine him only as to a few points, and then dismiss him. All his evidence in favor of the accused would consequently be lost—Mr. Hay. The law is laid down in two Atkin. The Chief Justice overruled the objection and the examination proceeded.
Mr. Burr. What letters directed to me, did you take from Pinar or Dazevzac? A. None. Mr. Burr. Did you return to those gentlemen, all the papers you took from them? A. I think I did not. But I do not recollect what part of them I retained. Mr. Burr. You have read the constitution. By what authority did you seize private papers? General Wilkinson to the court. Am I bound to answer questions which may criminate myself? Mr. Burr. To state the authority, by which he seized the papers, cannot criminate him, though the fact of seizing might. Chief Justice to Gen. Wilkinson. When you discover that any question may criminate you, you need not answer it. Mr. Baker. And when he does understand that expedient, he is to be understood as shuffling from the question, and as likely to criminate himself by his answers. Mr. Wirt. And it is also understood, that when called on in this manner, he may explain his conduct by drawing a picture of the defenceless condition in which he found New Orleans, and the necessity of resorting to such strong measures for its defence. Mr. Baker. And if he does give us a picture, it must be a true and faithful one. C. Ius. I have stated to Gen. W. that he is at liberty to explain the motives of his conduct.
General Wilkinson. Then Sir, I will explain and substantiate the motives of my placing this guard, and of my other measures. Here is a paper; a letter of advice from General Jackson to Governor Claiborne, warning him of the approach of a large body of men to New Orleans, combined and engaged for unlawful purposes. Here, Sir, is a deposition which goes to show, that Judge Prevost, the step-son of Colonel Burr, saluted a public officer in the streets of Orleans, and congratulated him on the arrival of General John Adair as the second in command to Colonel Burr, at N. Orleans.—Here is a deposition of Commodore Shaw, which shows that Bradford, the printer, had reported a most terrific account of the movements in the upper country; of an armed brig being equip, and even of 12,000 stands of arms being issued by Col. Burr. These were the reasons for my taking such decided steps; and so impressed was I with the dangerous situation of my country, that if I had omitted these precautionary measures, I should have deserved the severest denunciations of the government. I was prompted by that pure patriotism which has always influenced my conduct, and my character for which I trust will never be tarnished. I shall continue to defy the utmost art, fear, deception and villainy, that my enemies can practise towards me.
Mr. Wickham objected to the production of the depositions. After a desultory argument, the Chief Justice determined that it was not correct to read them. If these affidavits had been made previous to the transactions at New Orleans, they might have been read as explanatory of the grounds of General Wilkinson's conduct; but being taken since, they are objectionable, as every thing of that kind ought to be subjected to a cross-examination. Gen. Wilkinson has stated the grounds of his own conduct, and very properly; but he has no right to support his explanation by illegal evidence.
Mr. Baker. The court having disposed of the depositions, the only question that remains, relates to the letter. On this question, two points occur.—1st. Whether this is a correct copy of a certain letter.—and 2dly. Whether that letter was written by Gen. Jackson. Chief Justice to Gen. Wilkinson. Do you know the handwriting of Gen. Jackson? A. I know it only by comparison. I never saw him write. Mr. Wickham. Did you compare this letter? A. My Clerk did; and he is here. Mr. M c Rae. Is it not your best belief, that this is a true copy of the original? A. I believe it to be a correct copy.—Mr. M c Rae. Did not this letter form the ground, in part, of your conduct? A. It did certainly influence my conduct. Mr. Wickham objected to its being read, because it was only proved to be a true copy by the general recollection of the witness. Some desultory discussion ensued. Chief Justice. Both sides admit, that it is immaterial whether gen. Wilkinson's impression of the state of New Orleans were actually true or false. Both sides admit that he may produce any letter, which is verified by himself. But this copy is not proved by him to be a true copy. There is no objection to gen. Wilkinson's stating the contents of this letter; but that statement cannot be confirmed by the copy that is offered.
Mr. Wickham. There is one thing more to be considered. The court has not come to any positive decision as to the letter of 12th November. If gen. Wilkinson does not produce the omitted parts, by the rules of evidence, we are at liberty to state and to use them, until they are disproved. Gen. Wilkinson may, if he pleases, produce the whole letter at any subsequent period. Mr. Hay. The President of the United States has prescribed the course which should be pursued. It is he, and not gen. Wilkinson who withholds the omitted parts. Is it fair then that the opposite counsel should supply these omissions as they please, and that their supposition should be received as evidence? Chief Justice. I have already decided this question. It is certainly fair to supply the omitted parts by supposition, tho' such ought not to effect gen. Wilkinson's private character. If this were a trial in chief, I should perhaps think myself bound to continue the cause, on account of the withholding the parts of this paper; and I certainly cannot exclude the inferences which gentlemen may draw from the omissions.
Gen. Wilkinson. I have to offer, sir, a letter, from James L. Donaldson, which Mr. Martin called for yesterday. Mr. Martin. This is only an extract. Gen. Wilkinson. I had no other. Mr. Martin (returning the paper) We take no extracts. Mr. Wirt (in an under key.) Unless it be of no use.
Gen. Wilkinson. I have also another paper. It is the extract of a letter from Mr. Covington, showing that the cypher was invented in 1794. Mr. Wickham. Did you ever use these cyphers or any of them or any other cypher, in correspondence with the Baron Carondolet? A. No. But I must reflect on that question before I answer it decidedly.
COMMODORE SHAW.
Mr. Wickham. For what is Commodore Shaw introduced? Mr. Hay. To authenticate the copy of the letter from gen. Jackson to governor Claiborne, shown to gen. Wilkinson.
Commodore Shaw. Governor Claiborne sent his servant to me with an invitation to dinner; adding that he wished to see me on public business. I was unable to wait upon him that day; but I saw him on a subsequent day, when he took a letter from his pocket and shewed it to me. It was a letter from General Jackson to himself, and had been thrown into the office by some anonymous person. This letter gave gov. Claiborne a strong suspicion of gen. Wilkinson and reminded him of the ideas of March, and insisted upon the necessity of placing New Orleans in a state of defence. Chief Justice. When was this? A. Some time in December. Chief Justice. Did report convey any information of troops approaching New Orleans? A. Yes. Every day in December and January rumours were arriving of the movement of troops on our S. W. frontiers; and my impression was, that every thing should be done for the safety of the city; and that if general Wilkinson had not taken the measures that he did, he would have deserved censure.
Mr. M c Rae (look in the letter in his hand) Do you recollect whether general Jackson recommended in his letter, that the governor should use every possible means of defence? Mr. Wickham objected to putting questions from the letter. Chief Justice. You must not, sir, take the letter in your hand, and propose questions from it. It is really of no consequence whether the letter was read or not. No doubt the substance of it has been stated. Mr. M c Rae. Have I no right to read over the letter, and afterwards to interrogate the witness as to its substance? It is my object, I confess, to draw out the substance of the original letter. Mr. Wickham. In that letter were there not strong suspicions expressed against gen. Wilkinson? A. There were. Mr. Wickham. I should suppose then, that gen. Wilkinson might have easily judged from that circumstance, of the correctness of the rumours which were circulated about colonel Burr.
Mr. M c Rae. State, sir, what you know of these transactions? A. The alarm at New Orleans in December and January was very considerable. We did not know when the enemy would advance upon us. There was an apprehension of an attack by sea, and I was then authorised to purchase a
large ship, to be stationed at the Balize. The gun-boats which had been ordered to enter Lake Ponchartrain, were commanded to take a different position. Some time after, there was a report, that a fleet under English colors were actually cruising off the mouth of the Mississippi, and this increased the alarm. Mr. Burr. Was it a fact or not, that this fleet was there? A. I do not know. Such was the report and it was brought up by a packet which comes up weekly from the Balize. It was not said to be a fleet of merchantmen but of ships of war. The report was, I believe, on the counting-house books. Mr. Bradford, the printer, also made a communication to me on the 6th of January, which produced a considerable effect. He informed me that he had spent some time in the city of Washington and Philadelphia; and from Philadelphia he had travelled to Pittsburg; and from thence proceeded to New Orleans; that he had seen a number of men under arms at the mouth of Cumberland river; two gun boats building, which the men at work on board told him would be delivered up by Col. Lyon to Col. Burr; besides a number of small arms and a 32 pounder, ready to go aboard, and that this flotilla was to be under the command of Capt. Talbot. Mr. M c Rae. Did this information reach Gen. Wilkinson? A. Yes. I told him of it, myself. The communication was made in the company of Mr. Haynes and Maj. Spence. Mr. Wirt. What was the situation of New Orleans at that time? Was it in a condition to defend itself against any attack by sea? A. It was in a very defenceless condition. Mr. Wickham. Were these rumours before Gen. Wilkinson's arrival at New Orleans, or afterwards? A. Afterwards. Gen. Wilkinson made to me a full communication of all he knew; I dare say, a week before it was known to the public. He shewed me the cyphered letter from Gen. Dayton, with his signature to it. This enabled me the sooner to get my naval preparations ready. Mr. Hay. Did Gen. W. give you this information under injunctions to keep it secret, until the proper time should come for divulging it? A. He did; until he could obtain more complete information from some of Col. Burr's agents then in town. Mr. Hay. Was Col. Freeman then at New Orleans? A. He was.
Mr. Wirt. What was the strength of the garrison in New Orleans? A. In the upper fort there were 3 pounders and one 24 pounder. All the guns in the lower fort were dismantled. In the upper fort there were 6 men and a corporal's guard. I am sure there were not more than 3 guns there. Mr. Wirt. What was the number of regular men in garrison. A. It was a small garrison. Generally, there were parts of 4 companies of regulars there. What was the precise number of men I do not recollect. Mr. Hay. Did not those who were responsible for the safety of N. Orleans suspect many of disaffection? A. I did suppose, that there were many in and near N. Orleans who were inimical to the government of the United States.—Mr. Wirt. Suppose an attack had been made by a fleet from below and an army from above, would the people of the city have resisted with a proper spirit? A. I thought, Sir, that the people were not as patriotic as they ought to have been. Many endeavored to discourage the belief, that there was any danger of an attack.
Cross-Examined—Mr. Wickham. Did Gen. Wilkinson show you the cyphered letter? A. Yes, in manuscript. Q. Did he show you the translation? A. He did. Q. Was it Gen. Wilkinson's copy? A. I so understood it. Q. As a copy of the whole of the letter? A. Yes; as the true copy of the whole of the letter, received by gen. Wilkinson thro' Mr. Swartwout. Q. Did you say there were 4 companies of regulars at N. Orleans? A. I said they were not full. Q. Was there any alarm, before Gen. Wilkinson got down? A. None that I heard of. Mr. Wickham. Did you suspect the people of New Orleans to be disaffected because they would not believe these rumours? A. No; not for that reason. They believed them disaffected, for other reasons. Mr. Wickham. Whilst these rumours prevailed, did the ordinary commerce of that flat-bottomed boats coming down the river continue? A. It did. Q. Did the mails arrive as usual? A. They were not regular in January, though some of my letters were detained, and I then determined to communicate with the government by water. Q. Did you obey any orders from gen. Wilkinson? A. No; our service was quite distinct. But I had orders to co-operate with gen. Wilkinson; and he might send the squadron to what point he pleased. Q. Who gave you the orders to apprehend col. Burr? A. They were from government and I think from gen. Wilkinson. My orders from the government have been published, and I suppose col. Burr may have seen them in Natchez. The original orders are at my lodgings. Here Mr. Hay produced a copy of these orders. Mr. Burr. That is not the order, of commodore Shaw, which was published at Natchez? A. (Having read it.) The very same, sir, verbatim. Q. Did you not see an order in the newspapers, directing my boats to be destroyed, &c.? A. I did not, sir. These orders (those in his hand) were put on the custom-house books. Mr. Burr. Was there any qualification "if attacked" in the order that was published? A. There was. Q. Was it not an order, to attack and destroy; without any qualification? A. Oh, no, sir.
Witnesses on behalf of the accused.
Littleton W. Tazewell was called to be sworn as a witness on the part of the accused. I wish, before I am sworn, that the point should be determined, by the court, whe-

ther as a grand-juror, I am bound to give evidence of what passed in the grand-jury-room. I do not wish that the community or the grand-jury should lose any right they may have, by any acquiescence of mine, if by law, a grand-juror ought not to be called upon to state what happened before the grand-jury. I submit myself to the court, and will act according to its judgment.
Chief Justice. There is no doubt but it would be improper for a grand-juror to be examined to establish facts as founded on the evidence given before a grand-jury, because the statements sworn to before them are only ex parte : but as to what a witness now called upon, did say before the grand-jury, evidence may be given by any grand-juror to prove the consistency or inconsistency of the witness. As an individual I cannot say but I approve of the original policy of the law, which prescribed in the oath of grand-jury men a clause of secrecy; but when the Legislature of our country have changed that law, and struck out of the oath what relates to secrecy, it proves to me that the Legislature thinks differently.
Mr. Hay. This circumstance has weight. I thought we could not come to this question to-day, but it involves the most serious consequences. The grand-jurymen are called to establish some change between the statement of general Wilkinson before the grand-jury, and his statement made known in court. The court ought to hesitate, before they admit such testimony. I have been told that the reason which induced the Legislature to make the alteration in the oath of grand-jurymen was this.—All presentments were to be made, on the knowledge of two of their own body, (or on other legal evidence,) and as their oath required that they should keep secrecy, it was often impossible for the attorneys who prosecuted for the commonwealth, to prosecute with effect, as they could not know the names of the witnesses, and to remove this obstacle to public justice, the clause of secrecy was struck out. If the opinion of the court be not decisively made up, I should wish to have an opportunity of reflecting on the subject, and shewing that this evidence ought not to be admitted.
Mr. Wickham. observed that the Legislature had no doubt well weighed the policy of the clause requiring secrecy and had determined against it; that there was no reason why they could and should not adhere to this Legislative alteration—and that as to a witness, any thing he had said any where might be given in evidence against him, to shew his inconsistency.
Mr. Martin. A grand-jurymen can like any other man, prove facts known to himself, independently of what the witnesses proved before the grand-jury.
Mr. Day said that Mr. Martin did not understand him, and explained further that Mr. Hening had informed him that the Legislature were induced to make the alteration in the oath, for the reasons already stated.
Mr. Martin observed that the only reason that justified the grand-jury's oath of secrecy, was to prevent offenders against the laws from getting information of inquiries made against them, and escaping—That this held no longer after the grand-jury had been discharged—that while the grand-jury were deliberating, it was proper to keep these proceedings secret: and that these against whom presentments were to be made, should not have notice to make their escape; but that to prevent grand-jurors from giving evidence after they are discharged, was to lay the foundation for the most atrocious and most infamous perjuries—that any man might go before the grand-jury, and charge another who was innocent with the most intricate and enormous crimes in the world, and have him arrested and confined, and yet remain perfectly safe and secure from any punishment for his perjury.
Chief Justice. The question as to the policy or motive of the Legislature in changing the oath is different from the question before the court, which is, what is the legal effect of the change? The original policy required the oath; but as the Legislature have changed it, I cannot see how the inference can be avoided, that their opinion of the policy is altered.
Mr. Wirt. If it should be discovered that in the original institution, secrecy was necessary, independently of the oath, the court would not then receive the testimony, without the consent of both parties.
After some few desultory remarks relative to reserving their objection to Mr. Tazewell's testimony, Mr. Burr said that gentlemen might submit to his testimony with a protestando—the Chief Justice again stated, that the original policy of the institution which presented the oath of secrecy being changed, the testimony he supposed must be heard, and
Mr. Tazewell was then sworn.
Mr. Burr. Can you state the questions you put to gen Wilkinson in the grand-jury, and his answer?
Mr. Tazewell. It would be perfectly impossible to state them all, from the length of time he was under examination; but I have notes of the facts stated by him from which and memory I may be able to answer any questions which gentlemen may be pleased to ask.
Mr. Burr. State what you recollect about the formation of the cypher.
Mr. Tazewell. There are three kinds of cyphers. The original cypher was produced before the grand-jury, in order to enable them to decipher the letter received from yourself, (addressing himself to col Burr) It is the alphabetical cypher, from an edition of Entick's pocket Dictionary, now before the court; but as proper names occurred, the dictionary would not answer the purpose, and arbitrary marks were invented to represent them. The hieroglyphics, were stated by general Wilkinson himself, without any interrogatory put to him, to have been devised by captain Campbell Smith in the year 1794; the dictionary and arbitrary alphabet and arbitrary signs for units, were designed in 1799 or 1800.
Col. Burr. Were there any objections made as to these dates? A There were objections as to these dates in my own mind. The cypher was formed in 1794. On the face of the cypher these words occur, "Cajada, Louisiana, and New-Orleans." It
seemed to me a circumstance somewhat singular, that as early as the year 1794, cyphers relative to these countries, should have been adopted, when probably no individual in this country had the acquisition of Louisiana, in contemplation, as it was not purchased till some years afterwards. I asked him why he thought of a cypher expressive of that country, at that time? He said, that he could not explain the reason then, but that he would examine his papers, and would tell us. The next day gen. Wilkinson, of his own accord, told us, that the treaty with Spain, about the free navigation of the Mississippi was formed about the year 1794. But he had correspondence on that subject, which was of great moment to the Western country. That in the year 1794 he was an officer in the army which marched near Canada against the Indians, and thus therefore part of the cypher had relation to Canada. He said that the cypher might have been formed in the year 1794, 1795, or 1796; but he believed in the year 1794. He was asked whether he could be more explicit as to the time, and he gave the same answers, as he gave to-day in court. Mr. Burr. Did he assign any other reason, why the cypher had relation to this country? A I do not recollect that he did, or whether we asked any further questions on that subject.
Mr. Burr. Did gen. Wilkinson say any thing about this letter to me? A It was a subject of great interest with the grand-jury to understand the cypher and the contents of the cyphered letter, after deciphering it. It excited a strong wish in them to see the letter after it marked the 13th of May, referred to in it, as having been received from gen. Wilkinson, by you, in the course of the correspondence between you. That wish was strengthened by the testimony of Mr. Swartwout, who said, that he had seen a letter from, gen. Wilkinson to yourself—that it was partly in common writing, and partly in writing in cypher. And that the letter contained these words, "I am ready." Questions were then put to general Wilkinson, whether he had written such a letter. He answered that his impression was, that he had written one, perhaps two or three letters; that he was not sure, but that his impression was, that he had written some letters. He was then interrogated as to the contents of those letters. He said, he could not recollect them, but there was one expression which he wrote on that occasion, which he did recollect; and his object in writing it was, to discover Mr. Burr's real designs—that expression was, "If any Miranda has taken the bread out of your mouth—and I shall be ready for the grand expedition before you are." Mr. Burr. What motive did he assign for saying that Miranda would take the bread out of my mouth, and that he would be ready for the grand expedition before I would? A He said that he had had an interview with you at St. Louis; in which you stated, that you had some great project in contemplation; but whether it was authorised by the government or not, he did not explain, nor did you then enquire. He said, that this was all the information he was possessed of, at that time, of your designs—that he was satisfied you had some great project in view—but had not expressed what that project was; that he was therefore anxious to extract from you, your real designs. That the object of the correspondence was to develop those designs. Mr. Burr. Did he assign any reason for wishing to develop my design? A I do not recollect that he did, or did not; but the avowed object, was to communicate them to the government.
(Evidence to be continued)
TUESDAY, October 20.
Conclusive OPINION of the CHIEF JUSTICE MARSHAL, on the motion for commitment.
Much of the difficulty of the present case arises from its being attended by circumstances entirely opposite to those which are usually found in motions of a similar description.
An examining magistrate commits and ought to commit on probable cause. In defining his duty after stating that he may arrest either upon his own suspicion or that of others, Blackstone adds, "but in both cases it is fitting to examine upon oath the party requiring a warrant, as well as to ascertain that there is a felony or other crime actually committed without which no warrant should be granted; as also to prove the cause and probability of suspecting the party against whom the warrant is prayed."
But altho' the existence of a fact as the foundation of the charge must be proved before a magistrate can legally imprison a citizen, it is not believed to be true that the same necessity exists for ascertaining with equal clearness the full legal character of that fact, or the degree of guilt which the law attaches to it. On a charge of murder, for example, the homicide must be proved; but the enquiry whether it be justifiable or otherwise is seldom made by an examining magistrate. He could not refuse to commit unless it was perfectly clear that the act was innocent. An opinion that a jury ought to acquit would not warrant a refusal on his part to take the steps which might bring the accused before a jury.
In cases where the legal effect of the act alleged to be criminal is in any degree doubtful, it would greatly derange the regular course of justice, and enable many offenders to escape, should a magistrate refuse to arrest until he had received full proof of guilt. If the fact be of such a character as perhaps to be construed into a high and dangerous crime with the aid of other testimony which the nature of the case admits, it would seem to be a duty to secure the person in order to abide the judgment of the law.
Among the many reasons which may be enumerated for committing in a doubtful case, are:
 1st. That upon a considerable portion of a criminal charge it is the peculiar province of a jury to decide.  2d. That additional testimony is to be expected; and,  3d. That the person most commonly making the commitment is a justice of the peace, not authorised finally to try the offender, and who consequently, whatever may be 
the fact, is not presumed to be so competent a judge of the law of the case as he is, to whom the power of deciding it, is confided.
And these proceedings commenced with the present motion founded on testimony such as is now adduced, I certainly should have felt no difficulty in deciding on it.—But the proceedings are not now commencing. The persons against whom this motion is made have been seized, one in the Mississippi territory, one in Kentucky, and one in the western parts of Pennsylvania or New York, and brought to this place for trial. An immense number of witnesses have been assembled, and a very extensive investigation of the transactions alleged to be criminal has taken place. The result has been the acquittal of one of the accused upon the principle, that the offence, if committed any where, was committed out of the jurisdiction of this court; and a nolle prosequi has been entered with respect to the others. The witnesses, intended to establish the charge before a jury, have been examined, and the probability of obtaining testimony which can materially vary the case is admitted to be very remote. The great personal and pecuniary sufferings already sustained must be allowed also to furnish some motives, for requiring rather stronger testimony to transmit the accused to a distant state for trial, than would be required in the first instance. It may likewise be added as a consideration of some weight, that the judge who hears the motion, tho' sitting as an examining magistrate, is one of those who is by law entrusted with the power of deciding finally on the case; and there seems to be on that account the less reason for referring the party to a distant tribunal on a point, on which a slight doubt may exist.
I do not believe that in England, whence our legal system is derived, a justice of assise and nisi prius , after hearing the whole testimony, would commit for trial in another proper county; unless the probable cause was much stronger than would be required on ordinary occasions.
These conflicting considerations certainly render the questions to be decided more intricate than they would be in a different state of things. After weighing them I have conceived it to be my duty not to commit on slight ground; but at the same time I cannot permit myself to be governed by the same rules which would regulate my conduct on a trial in chief.
There are certain principles attached to the different characters of a judge sitting as an examining magistrate and on a trial in chief which must essentially influence his conduct even under circumstances like those which attend the present case. It is a maxim universally in theory, tho' sometimes neglected in practice, that if in criminal prosecutions, there be doubts either as to fact or law, the decision ought to be in favor of the accused. This principle must be reversed on a question of commitment. In a case like the present, if the judge has formed a clear opinion of the law or fact, which there is not much reason to suppose additional testimony might be obtained to change, it would be injustice to the public, to the accused, and to that host of witnesses who must be drawn from their private avocations to the trial, should he take a step which in his judgment could produce only vexation and expense; but if he entertains serious doubts as to the law or fact, it is, I think, his duty even in a case like this, not to discharge, but to commit.
The charges against the accused are:
 1st. That they have levied war against the United States at the mouth of Cumberland river in Kentucky; and  2d. That they have begun and provided the means for a military expedition against a nation with which the United States were at peace. 
With respect to one of the accused, a preliminary defence is made in the nature of a plea of autrefois acquit .
If the question raised by this defence was one on which my judgment was completely formed in favor of the person by whom it is made, it would certainly be improper for me to commit him; but if my judgment is not absolutely and decidedly formed upon it, there would be a manifest impropriety in undertaking now to determine it. This does not arise from my fear to meet a great question whenever my situation shall require me to meet it, but from a belief that I ought as well to avoid the intrusion of my opinions on my brethren in cases where duty does not enjoin it on me to give them, as the withholding of those opinions where my situation may demand them. The question whether autrefois acquit will be a good plea in this case, is of great magnitude and ought to be settled by the united wisdom of all the judges. Were it brought before me on a trial in chief I would, if in my power, carry it before the supreme court; when brought before me merely as an examining magistrate, I should deem myself inexcusable were I to decide, while a single doubt remained respecting the correctness of that decision.
To settle new and important questions in our criminal code, especially where those questions are constitutional, is a task upon which a single judge will at any time enter with reluctance; certainly, he would not willingly engage in it while acting as an examining magistrate. There is a decent fitness which all must feel in bringing such questions, if practicable, before all the judges. In England, trials which are expected to involve questions of great magnitude, are seldom assigned to one or two judges. At that interesting crisis when Hardy, Tooke, Thelwall and others were indicted for treason, Chief Justice Eyre was aided and supported by four associate judges of high talents and character. It would, I have no doubt, in that country be a matter of surprize if any person, whatever might be his station in the judiciary, should undertake to settle a great and novel point on a question of commitment. Although, in the United States, our system does not admit of a commission authorizing a majority of the judges to constitute a court for the trial of special criminal cases, yet it does admit of carrying a doubtful and important point before the supreme court, and I should not feel myself justified were I now to give an opinion, anticipating such a measure.
I shall therefore consider this motion as if no verdict had been rendered for either of the parties.
Both charges are supported by the same transaction and the same testimony. The assemblage at the mouth of Cumberland is considered as an act of levying war against the United States, and as a military armament collected for the invasion of a neighboring power with whom the United States were at peace.
From the evidence which details that transaction it appears, that from sixty to one hundred men who were collected from the upper parts of the Ohio under the direction of Tyler and Floyd, had descended the river and reached the mouth of Cumberland about the 25th of December, 1806. The next day they went on shore, and formed a line, represented by some as somewhat circular, to receive Col. Burr, who was introduced to them, and who said that he had intended to impart something to them, or that he had intended to communicate to them his views, but that reasons of his own had induced him to postpone this communication; or, as others say, that there were then too many bystanders to admit of a communication of his objects.
The men assembled at the mouth of Cumberland appear to have considered col. Burr as their chief. Whatever might be the point towards which they were moving, they seem to have looked upon him as their conductor.
They demeaned themselves in a peaceable and orderly manner. No act of violence was committed, nor was any outrage on the laws practised. There was no act of disobedience to the civil authority, nor were there any military appearances. There were some arms and some boxes which might or might not contain arms. There were also some implements of husbandry, but they were purchased at the place. These men assembled under contracts to settle a tract of country on the Red River. No hostile objects were avowed; and, after continuing a day or two on an island in the mouth of the river, the party proceeded down the Ohio.
There are some circumstances in this transaction, which are calculated to excite attention and to awaken suspicion. If the exclusive object of those who composed this meeting was to settle lands, it would naturally form the subject of public conversation, and there would most probably have been no impediment to a free communication respecting it. The course of the human mind would naturally lead to such communications. The silence observed by the leaders on this subject, connected with hints of ulterior views, seems calculated to impress on the minds of the people themselves, that some other project was contemplated, and was probably designed to make that impression.
That the men should have been armed with rifles was to be expected, had their single object been to plant themselves in the Ouachitta; but the musket and bayonet are perhaps not the species of arms which are most usually found in our frontier settlements: Nor were the individuals, who were assembled, of that description of persons who would most naturally be employed for such a purpose. The engagement for six months too is a stipulation for which it is difficult to account upon the principle, that a settlement of lands was the sole or principal object in contemplation.
These are circumstances which excite suspicion. How far they may be accounted for by saying, that ulterior eventual objects were entertained, and that the event on which those objects depended was believed to be certain or nearly certain, I need not determine; but I can scarcely suppose it possible that it would be contended by any person, that the transactions at the mouth of Cumberland do, in themselves, amount to an act of levying war. There was neither an act of hostility committed, nor any intention to commit such act avowed.
Very early in the proceedings which preceded this motion, I declared the opinion that war might be levied without a battle, or the actual application of force to the object on which it was designed to act; that a body of men assembled for the purpose of war, and being in a posture of war, do levy war; and from that opinion I have certainly felt no disposition to recede. But the intention is an indispensable ingredient in the composition of the fact; and if war may be levied without striking a blow, the intention to strike must be plainly proved.
(Remainder in our next.)
NEW-YORK, Oct. 19.
By the brig Sally-Tracy, from Bayonne, we have received intelligence that 50,000 troops were to be at Bayonne on the 17th of September; and that Bonaparte was to meet them there on the 20th, previous to their march for Portugal, that government having agreed to put itself under the protection of the English.
Captain Reynolds from St. Petersburg, passed Copenhagen on the 22d August, and informs, that on the 23d, at 10 A. M. a heavy cannonade commenced off Copenhagen, which did not cease until 4 P. M.
A letter from a respectable and cautious gentleman in London, dated Sept. 7, to his correspondent in Boston, mentions, without hesitation, that "Copenhagen surrendered to the British forces on the 24th of August."
The United States frigate Constitution, captain Campbell, and the sloop of War Wasp, captain Smith, arrived at Boston, in 35 days from Gibraltar. It was conjectured at Gibraltar, when the Wasp and Constitution left that place, that an attempt would be made on the fortress by the French; and that the assembling of the troops at Bayonne was intended as a preparatory step towards that object. Great preparations were accordingly making to put the forts in the highest possible state of defence.
The noted Comfort Tyler, the friend of Col. Burr, came passenger in the schooner John & James from New Orleans—under arrest.
WASHINGTON CITY, Oct. 21. Several of the British prints, in announcing the arrival of the Revenee , state the existence of a rumor that the American government had required an answer to their representations within four days, & deduce from this circumstance their anti-pacific temper. It may be satisfactory to state, that this rumor is altogether unfounded. No such demand has been made, nor has any definite time been prescribed for receiving an answer. It is true, that a prompt answer is expected, and there can be no doubt, but that, if the British ministry wish to maintain peace between the two countries, a prompt answer will be given.
A considerable number of members of the National Legislature have already arrived in the city; and there does not exist a doubt of a quorum of the two Houses being formed on Monday. If so, it is probable the Message of the President will be delivered on Tuesday.
It is always with reluctance that we record villainy in any shape; but it is with particular regret we notice the following daring assault committed within the limits of this city: On Tuesday evening about dusk, on his return from visiting a friend in New Jersey avenue, on the brow of the hill, Mr. Elzey Burroughs was attacked by two Foot-Pads who presented pistols on each side of him, and demanded his money; on his answering that he had none, one of them replied "You are a liar, Sir; it is in a bundle of papers in your pocket;" and at the same time put his hand into Mr. B's pocket, and drawing from it a bundle of papers, took off the money in bank notes to the amount of $2,400 which he had that day received from the bank in this city. We understand that no trace is yet discovered of the perpetrators of this outrage.
Charlotte Court, 5th October, 1807. Charles M'Kenny, plaintiff. Against John Paulet and Harry Paulet, defendants. In Chancery?
THE defendant John, not having entered his appearance according to the act of Assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this state: On the motion of the plaintiff by his attorney, it is ordered, that he appear here on the first day of January Court next and enter his appearance, and give security for performing the decree of the court; and that a copy of this order be inserted in one of the newspapers printed in Richmond for two months successively, and posted at the front door of the courthouse of the said county. A copy, Teste, Thomas Read, clk.
Five Dollars reward. RAN away, the 19th September, 1807, from the subscriber, residing in the county of Charlotte, a likely Negro Woman, named CATTY, about thirty years of age; she is a small bright complextion negro, was raised in Chesterfield near Manchester, has a large scar on her forehead about the edge of her hair, & likewise on her neck and shoulders. If any person or persons will return her to me, or give me any information so that I can get her again shall receive the above reward. Benjamin Marshall. 11th October, 1807. 3w*
NOTICE is hereby given, that a petition will be presented to the next General Assembly, praying for the establishment of a Toll Bridge across the Pamunkey river, on the great post road, at the place called Littlepage's, near Hanover courthouse. October 16th, 1807. 3t
ST. MARY'S COLLEGE GRAND LOTTERY, BALTIMORE,
Authorized by the General Assembly of the State of Maryland; the scheme of which lottery is the most brilliant ever offered to the citizens of the United States, containing besides a large number of other good prizes, 1 Prize of 30,000 Dollars, 1 do. of 15,000 Dollars, 3 do. of 10,000 Dollars, 2 do. of 5,000 Dollars, 8 do. of 1,500 Dollars, 7 do. of 1,000 Dollars.
Not two blanks to a prize, and the lowest prize twelve dollars. The scheme contains only 21500 tickets, 10000 of which are actually sold to a company of gentlemen in New York, to whom the managers have obligated themselves to commence the drawing in the city of Baltimore, On Thursday the 31st day of December next, And to draw 500 tickets per day. TICKETS & SHARES
Are now selling in a variety of numbers and very rapidly at Ten and a half dollars each for a very short time, at
G. & R. WAITE'S Truly fortunate Lottery Office, corner of Marka et and Charles Street, Baltimore. The grandam of the Scheme of the above Lottery, together with an assurance from the managers that it will positively commence drawing on the 31st day of December next, have been a sufficient inducement for the subscribers to come to the city of Baltimore for the express purpose of facilitating the sale of the tickets. G. & R. WAITE.
One of the above firm may personally attend the drawing daily, to take down the numbers correctly, as will also one of their clerks. The next New-York Lottery will not commence drawing till April next—Tickets of which Lottery may be had at Waite's Offices, Maiden Lane, New York. N. B. Distant adventurers, accompanying their orders with Bank Notes of any description to either of WAITE'S Offices in Baltimore or New York, may have tickets and shares forwaied to any amount with the utmost punctuality, and the earliest advice sent them of their success. All prizes sold by G. & R. Waite will be paid by them.—A list of all prizes drawn will be sent to the printer of this paper, for the inspection of adventurers. October 14th, 1807. 13m
ADVERTISEMENT. Just Received, a General Assortment of Dutch Bolting Cloth, Of a superior quality. J. Darmstadt. Oct. 23, 1807. 1f
FOR CASH, TEN or fifteen likely young NEGROES, consisting of men, women, and children. For terms apply to Mr. Daniel Mayo (above the court house) where they may be seen, or the subscriber. JOHN GRUMP. Powhatan, October 14, 1807. 1f

THE mystery with which Col Burr has thought proper to veil his transactions; (in conformity with the maxim that evil always shuns the light,) his refusal to produce the letter from general Wilkinson to him, "post marked the 31st of May," or to accede to the general's proposal of laying all the correspondence between them before the public, and his preferring on all occasions to attack him by obscure insinuations and surmises, to coming forward openly, and producing positive proof; are circumstances which may have left some vague and indefinite suspicions against Gen. Wilkinson, on the minds of many worthy citizens, but ought rather to convince of his innocence those who reflect maturely on the subject.
The whole evidence (which might remove every difficulty,) is not before the public, and therefore unknown to the writer of these observations, who is not in the secrets of Wilkinson or Burr, and cares nothing for either; except so far as the good of his country is concerned; but he cannot refrain from declaring that enough has appeared to satisfy his mind that general Wilkinson never did assent to any proposal of colonel Burr to engage in a treasonable or unlawful enterprise; that he never in any respect deviated from his duty, as a patriot, and his honor, as an officer in the service of the U. States.
His having invited Aaron Burr to the Western country, is a ground of suspicion with some, and may require explanation. It is capable, however, of an easy solution, without supposing any impropriety in his conduct. At the time when that invitation took place, colonel Burr had not yet lost the esteem of all his former friends; he had not yet become an avowed enemy of the union of the states, and of the liberty and happiness of his country. He had indeed, been accused of intriguing for the office of President, but this accusation (alike generally believed to be true by the republicans,) was supposed by a considerable number even of that party, especially by those who had been in habits of intimacy with him, to be slanderous and unfounded. The venerable Col. George Morgan was one of many others, who believed that Aaron Burr was an object of unmerited persecution; and Gen. Wilkinson might have concurred with them in opinion, without being justly liable to any imputation on his own character. Col. Burr had, indeed, slain in a duel the celebrated Alexander Hamilton, and on that account was the object of the hatred and execration of the federalists; tho' now, (for what reason is best known to themselves,) they have forgiven him that and all his other offences; for, with them, it is not charity, but hostility to the present administration which covereth a multitude of sins. He was driven by that fatal event from the state of New York, and forced to seek an asylum elsewhere. Is it wonderful that, under these circumstances, general Wilkinson (who had corresponded with him long before, and no doubt had been induced, from the smoothness and plausibility of his manners, to entertain a favorable opinion of him) should have regarded him as a great man in adversity, and invited him to the paradise of the west, where a new and immensely fertile country would afford him a happy settlement?
The general has declared on oath that in the subsequent letters which he received from Col. Burr, obscure hints were dropped of some great design, (of which Mexico appeared to be the object,) but that no explicit communication was ever made to him previous to that by Mr. Swartwout. Until then he had no reason to suspect that Col. Burr intended to play the part of a traitor. The probability of a war with Spain being very great, he had reason to imagine that the intended expedition against Mexico was to be in that event only, and to be sanctioned by the government—These being his impressions, (and circumstances plainly shewing that this description of them is correct) there is no inconsistency in his having said, in the postscript of a letter to Col. Burr that Miranda had taken the bread out of his mouth; in his having had some knowledge of Col. Burr's ostensible project of invading Mexico, in the event of a war, and yet being astonished and even incredulous, when the real scheme of treason and plunder was revealed to him by Swartwout. The boldness and extravagance of that scheme was such that Wilkinson, a few days after his receiving the cyphered letter, might with great propriety, say, in his letter to the President, that its "prime mover" was yet unknown to him; from the improbability of its being devised by a single individual without the prospect of aid from some foreign power, by which it might have been suggested. He doubted also with propriety the truth of Mr. Swartwout's information. But when afterwards, from various accumulating rumors, particularly, from that received by Mr. Davidson, he was satisfied that Aaron Burr was really frantic as to meditate an attack on New Orleans, and a subsequent conquest of Mexico he stated in his letter to the President, of the 12th of November, explicitly, the nature of the conspiracy; and, in all his measures, from the time of his interview with Swartwout, evinced an honest determination to defeat it. His im-
mediate communication to Col. Cushing of what had passed between him and Swartwout is, of itself, sufficient to satisfy every man of reflection that he was not concerned in the conspiracy.
But the very wildness and extravagance of Burr's design, which induced Wilkinson to doubt its existence, is a reason with some for supposing that he participated in it. "Colonel Burr, say they, could never have engaged in this scheme had he not been assured of the co-operation of General Wilkinson." It must be admitted to be truly astonishing that he should have done so, without such an assurance; but it evidently appears that, so prodigious was his folly, so remote was he from really possessing the most important attribute of a man of genius, (that of proportioning his means to his ends,) that he actually undertook this daring and hazardous enterprise, on the uncertain hope that Wilkinson & the army would be seduced, by his visionary allurements of wealth & empire, to follow him to Mexico.
The admission that such was the fact, only leads to a conclusion that Aaron Burr is not really the great man that his ardent admirers have supposed; but merely a sanguine, imprudent and unprincipled adventurer; a conclusion fortified by a multitude of other circumstances, which recent events have brought to light. But the contrary supposition involves the conduct of Gen. Wilkinson, in manifest absurdity, and imputes to him actions and motives of which scarcely any human being ever was guilty.
If the accusations of his enemies are true, we behold in him the strange character of a general who engaged in a treasonable plot against his own government, or in an enterprise which it did not sanction, and yet defeated that plot himself at the moment when he might have given it success, and when no reason existed for deserting those with whom he had conspired, which would not have operated with equal force to prevent his entering originally into the conspiracy; or a prisoner of the Spanish government, who, nevertheless, formed a plan for invading the dominions of Spain, and then, in consideration of his regard for the king whose money he had received, opposed himself, & overthrew his own designs.
Such is the strange and incongruous picture of general Wilkinson, drawn by the malice and insincerity of Aaron Burr and his friends! Surely no rational man can believe that he has acted in this manner.
In the next Argus this subject shall be farther considered, and some other circumstances which may have operated injuriously on the character of the general shall be examined.
The following affidavit contains the substance of the testimony delivered by the witness in court, on Monday the 5th of Oct. except that he was not interrogated as to the paper found in the cape of the boy's coat, in the hand writing of Col. Burr, that fact having been previously established as far as Mr. Henry's knowledge extended, by the evidence of Mr. Poindexter.
The evidence of Lemuel Henry, a resident of Washington county, in the Mississippi territory.
The said Henry being at the town of Washington in the Mississippi territory attending his duty as a member of the legislative council, was introduced to Col. Burr, by Col. M'Kee, on the first evening of the arrival of Col. Burr at that place after his submission to the civil power.
Col. Burr, Col. M'Kee, James Callier, & the said Henry were alone present, when, in the course of conversation it was mentioned by the said Callier or Henry that if he (Col. Burr) had gone over to Washington county, on the Mobile, and impressed upon the minds of the people there that his enterprise was a secret one against the Spaniards and with the sanction of our government, he might have procured men enough to have taken Mobile, at which place he would have got a sufficiency of arms and ammunition, & armed vessels to convey his troops to whatever place he pleased. Col. Burr then began to enquire into the situation of the Mobile, and of Washington county. In the course of the conversation, the difficulties to which the people of Washington county were subjected from the exactions of the Spaniards and their unfriendly disposition towards us, were mentioned. Col. Burr observed, that he had seen with regret, the memorials of those people treated with contempt or neglect in congress, that while they were reading the members would be scraping their feet, and would pay no attention to them, and that they were no sooner read than the house passed on to some other subject. He was surprised, he said, that the people of that country had not made some exertion to release themselves from the difficulties under which they labored; that the government having neglected them, it was a natural right and engrafted in the constitution, for a people when the government does not secure to them those rights to which by their situation they are entitled either to erect a new government for themselves, or to take protection under such other government as would promise them a happier situation. The expression that the right was engrafted in the constitution, was used with a considerable degree of emphasis by Col. Burr, and I confess, excited in my mind no small share of astonishment, considering his situation; nor could I account for his addressing these observations to us, unless it was that both Mr. Callier and myself represented that part of the territory which was particularly exposed to the exactions of the Spanish government.
On the Sunday before Col. Burr finally left the town of Washington, and after the boats which descended the river with him had been searched for arms, and a report made as I understood that there were none of any consequence found, a certain Robert A. New, who appeared to be in habits of the strictest intimacy with Col. Burr and lodg-
ed in the same room with him, offered to sell me a parcel of arms. The said New and myself were for several days in treaty for a quantity of provisions, which was brought down in the boats called Colonel Burr's boats. He said that the provisions were not his private property, but that he was agent for the owners, between whom some matters were to be adjusted respecting them. On the day last mentioned (viz. the Sunday before Col. Burr left the town of Washington, and after the boats had been searched for arms,) the said New asked me how I would like to purchase a parcel of arms. I asked him how many there were. He answered, about forty or fifty; or between forty and fifty, do not recollect which, and as elegant muskets and bayonets as ever I saw. He offered them to me at a price which I considered only about one third of their value; and assigned as a reason for selling them so low, that they were lost to them, at that time, and it was better to get something for them than nothing. I observed to him jocularly, that they could not have been of much use in settling the Washita land. He said it was unnecessary to say me, or to any man o'round, standing that the men I saw engaged in this business had no other view than that of settling a new country; that they were generally too well fixed at home, to embark on so dull an enterprise; but that this was a good idea to hold out to the world; and it seemed to go down pretty well. Knowing that there had been a search for the arms, and an official report that they could not be found, I enquired of Mr. New how they were to be got. He said that they would not be delivered to me, but would be placed where I could get them; & I think said at any place I should direct in the neighborhood. I declined making any purchase of him.
With respect to the last arrest of the partisans of Col. Burr when a considerable number were arrested, it arose from the following circumstance. In a few days after Col. Burr had left the town of Washington, and was said to have escaped; and after the governor's proclamation for his apprehension had issued, as I understood; a negro boy was discovered near the mouth of Cole's creek (opposite to which Col. Burr's boats were stationed,) riding on a horse which had belonged to Col. Burr, and having on his surcoat, as I heard. These circumstances created a suspicion; the boy was searched, and there was found sewed up in the cape of his coat a paper in these words. "If you are yet together keep together, & I will join you to-morrow night."—In the mean time put all your arms in "perfect order"—ask the bearer no questions but tell him all you may think I wish to know. He does not know that this is from me, nor where I am. C. T. & D. F. This paper was proved to be in the hand writing of Col. Burr, by a Col. Fitzpatrick, as I understood. In consequence of this discovery, a number, perhaps between twenty and thirty men said to be the adherents of Col. Burr, were arrested and put under guard. They were not in close confinement when I saw them, nor did I ever hear of their being in that situation. They were only guarded till the alarm was over. I saw several of them going to their lodgings to dinner, & as I understood, they were usually put on their honor to return at a particular time and place.
LEMUEL HENRY.
Sworn to before me in due form agreeable to law, 14th October, 1807. DANIEL L. HYLTON.
MONDAY, October 5.
SILAS DINSMORE.
Mr. Hay. Were you in New Orleans when Gen. Wilkinson arrived there in November last? A. I was. Mr. Hay. Did he make any communications to you? A. He made a very full and general statement of the situation of the country, and of his apprehensions of approaching danger. Mr. Hay. How soon after his arrival? A. I think on the 26th or 27th of November. He arrived there on the evening of the 25th, and made his communications to me very shortly after his arrival. Q. Were those communications made under any injunction of secrecy? A. They were. Q. Were you acquainted with the state of the public mind at New Orleans at the time of the arrival of Gen. Wilkinson? A. I discovered nothing unusual about that time. Q. What was the state of the public mind after the approach of Burr was announced; did there appear to be a considerable party disposed to favor the views of Col. Burr? A. A considerable party appeared to be in favor of Col. Burr, and were much opposed to the measures of Gen. Wilkinson. Q. What appeared to be the general impression on the minds of the citizens, and what was their conduct before and after Gen. Wilkinson exposed the plans of Col. Burr? A. Before the disclosure of those plans, it was a general subject of enquiry as to the conduct of Gen. Wilkinson in taking post at New Orleans; and many censured the measure. About that time several numbers of the Western World appeared, in which many severe strictures were cast on Gen. Wilkinson and others; which, after the disclosure made by Gen. Wilkinson at the government house, occasioned very considerable commotions among the citizens. It became a general topic of conversation in the coffee-house, the hotels, and even in the streets—I will repeat further, that there appeared to be a large proportion of the mercantile interest in favor of Gen. Wilkinson's conduct, some censured and some doubted. Gen. Wilkinson condescended to ask my opinion, having previously made a full disclosure of the dangers apprehended, and of the measures which he had adopted. I did give my advice in favor of seizing every man whom he found opposed to his measures. This was after a development of the state of affairs by Gen. Wilkinson. [Mr. Martin. And that not to be depended upon. Mr. Wirt. That will be a subject of discussion hereafter. Mr. Martin. I know that Mr. Wirt, (in a lower tone of voice) to Mr. Martin. You know a good deal of those things.] Mr. Hay. Did you see Col. Burr at Washington, in the Mississippi Territory? A. Yes. I received a verbal message from him, by an unknown person, and returned an apology for not waiting on him that day, but went to see him the next day. I met him in company, but he soli-
cited no private interview, and I had none with him. Mr. Hay. Was there any circumstance which particularly attracted your notice? A. No. I never saw him till he was in the hands of the civil authority. Mr. Hay. Do you recollect whether in New Orleans and while Gen. Wilkinson was there intelligence frequently came down the river stating the approach of Col. Burr and his party? [Mr. Wickham objected to the witness speaking of mere reports, as being nothing better than hearsay evidence. Mr. Wirt contended it was admissible evidence; and that it was proper to shew the state of the public mind arising from those rumors which were generally circulated to justify the strong measures which were taken. The Chief Justice said that neither hearsay nor rumors could be regarded as legal evidence; but if there be the slightest shade of difference in the testimony, that of rumor, in such a case as the present, was the most tolerable.]—A. There were frequent reports to that effect. Among other rumors, Mr. John Clay a respectable merchant of New Orleans, came to Gen. Wilkinson's quarters on the morning of the 8th or 9th of December, and asked to see the general; when shown to him, he observed in my presence, I feel it my duty, general, to inform you that I have received a letter from Kentucky informing me that Col. Burr has seized on the arsenal in Kentucky, (I think near the mouth of Kentucky river) and has availed himself of all the arms and ordnance stores there deposited. A few minutes after Governor Claiborne came in, and said, general, I have received correct information on which I can depend, that a squadron of the British fleet is cruising off the Balize. Mr. Hay. Have you ever been on service with Gen. Wilkinson? A. Not in a military character. Mr. Hay. Have you ever in a civil? A. Yes. Mr. Hay. What was his general reputation as to integrity? A. I never knew any thing as to his integrity but what was purity itself. So far as his conduct came within my own knowledge, it always appeared to me to be perfectly correct. Q. How long have you known general Wilkinson? A. It is a little more than five years since I first knew him. I have been in some service with him for months together in the forest, while we were engaged in running the national boundary line. Mr. Hay. Have you ever discovered any thing which betrayed a want of patriotism in Gen. Wilkinson? A. No. His patriotism was of the most ardent kind, such as I wish to possess myself, and could wish every other citizen to possess. Mr. Hay. Did he ever write to you about raising a military corps? A. Yes. But that was predicated on the idea of a rupture with Spain. Mr. Randolph. Have you got the letter? A. I do not know. I have several letters from Gen. Wilkinson, which I have on file; but I have not examined whether this particular one is among them or not. Mr. Randolph. What is the date of the letter? A. 1805. Q. What induced you to suppose that there was a probability of a war with Spain at that time? A. From interviews with the general in the year 1805, and subsequent correspondence with him till 1805. The first was occasioned by the doubtful state of our negotiations with Spain; the second from the detention of a part of the ceded territory. From many circumstances it was supposed a rupture was inevitable. Mr. Randolph. What was the space of the territory in dispute? A. From the parallel of latitude 31 degrees north, to the Gulf of Florida, and from the Mississippi to the river Perdido. Col. Burr. Did Gen. Wilkinson offer you a reward for apprehending me? A. I think four or five thousand dollars were offered in behalf of the government. Q. When was that offered? A. Some time in December last. Q. Did you undertake to effect it? A. I did, as far as was practicable and expedient. Q. Was that offer predicated on an order of the government, or was it the fiat of the general? A. I do not know. Q. Did he satisfy you that he had authority for making the offer? A. I think he did. Q. When did you leave New Orleans? A. On the morning of the 9th or 10th of December. Mr. Baker. When was the offer made? A. Just about that time. Col. Burr. Did you send an order to the Choctaws to take me? A. I carried myself the proclamation of governor Williams to the Upper Choctaws, and employed runners to carry proclamations, with instructions to intercept the paths in every direction, and wrote to the agent in the Chickasaw nation to the same effect. Mr. Wirt. What do you mean by saying that you undertook to arrest Col. Burr as far as was expedient? I meant that if I should have found him at large, I should have taken him, but not out of the hands of the civil authority. Q. Were there not officers sent up to take him? A. Yes, and I was instructed to co-operate with them; but he being exactly where Gen. Wilkinson wished him, in the hands of the civil authority, I advised the officers to return, and they separated.
Col. Burr. Were you to seize me privately? A. Yes; if practicable. Col. Burr. Was I not reputed to be at the head of an army by Gen. Wilkinson? A. Yes; and by others too. Col. Burr. How then were these men to take me?—Col. Burr. When were those officers sent? A. I can inform you when I first saw them, which was on the first of February. Col. Burr. Of the orders of the officers you know nothing. A. Only what I saw, an order from Commodore Shaw to Lieutenant Jones to receive you. Col. Burr. You said the officers returned on your advice; did you see them retire; or do you know when they left that part of the country. Had they separated before I left the town of Washington? A. I cannot tell when you left there, but the last time I saw them was on the 5th of February at Natchez.
Col. Burr. To Commodore Shaw. I understood that you received orders from Gen. Wilkinson? were these orders from the Government? A. I think they were the result of an arrangement between governor Claiborne and Gen. Wilkinson. I did not know at that time, that I was subject to the orders of Gen. Wilkinson; but always understood that I was to co-operate with him. I considered that as governor Claiborne took the responsibility I was to co-operate, and that the orders were given conjointly with Gen. Wilkinson. Col. Burr to Mr. Dinsmore. Did Gen.
Wilkinson express any doubts of the military? A. He expressed no doubts of the officers; but he doubted the incongruous group which constituted the citizens of New Orleans. Col. Burr. Did he doubt the civil authorities? A. He did entertain doubts of the judges. Mr. Martin. Did he express any doubts of governor Claiborne? A. He had no doubt of the integrity of governor Claiborne and of his attachment to the government. He said they had at one time been on such terms as not to act together, but he was in hopes they would unite. Mr. Martin. Did he doubt governor Meade? A. Yes. Because he did not co-operate with the General, and refused to furnish his quota of men. Mr. Hay. Did Gen. Wilkinson doubt the patriotism of governor Claiborne? A. He was far from doubting his patriotism, but said he wanted firmness, Mr. Martin. Did he doubt James Brown, [Mr. Wirt objected to such a coarse of interrogation, as indecent and improper. Mr. Martin defended it on the ground, that from the conduct of Gen. Wilkinson, it would seem that men even high in authority could not be trusted.]
The noted DAVIS FLOYD, (says the Western World) a principal agent in Burr's conspiracy, and who was lately convicted of a high misdemeanor, has been since appointed clerk to the Legislature of the Indiana Territory!!
FROM THE (TRENTON) TRUE AMERICAN.
The trial of Burr has been conducted in such a manner as almost to put an honest man out of conceit of a court of justice. The witnesses swore truth. The grand jury did their duty. The petit jury say they would have done theirs—Where then does the fault lie? Who before, ever heard of examining the jurors with so much strictness if they had prejudged the cause, trying to pump it out of them, instead of proving it of them? Who before ever thought that forming an unfavorable opinion of the person to be tried was prejudging the cause against him? If reading the newspapers, or believing their report concerning Burr's conspiracy or expressing that belief was prejudging the cause against him; to eat dinner with him when held to trial for treason, must be prejudging the cause in his favor. Certainly no judge, that is, no upright judge, would eat and drink with a man whom he believed to be guilty of treason—Query, whether the strong impressions which the judge must have had on his mind of Burr's innocence did not render him as unfit to act as a judge; as any juror could be rendered unfit to act as juror from prepossessions arising from newspaper evidence? Query again, where did the learned judge get those favorable impressions, was it from Eaton's affidavit, or the letter in cypher? I would not speak evil of the ruler of my people—He has chosen to dine with Burr, my only fear is that he will sup with him too—"They are choicest spirits."—It is a pity but they should live, it was only to hear what other people think.
"Clarkson's Portraiture of Quakerism." Extract from Aikins' Annual Review, for 1806.
After having given a brief analysis of Clarkson's Portraiture of Quakerism, the review finished as follows:
We have thus, as far as our limits would permit, stated what are the contents of these highly curious volumes. The book has been very extensively read, a large edition having been sold even before it was advertised. His opinions upon the Lord's Supper deserve consideration; we have never seen the subject so ably treated. The book, however, is to be considered not as a controversial work, but as a faithful Portraiture from the life of the most remarkable people existing among us; a people eminently flourishing, eminently happy, and eminently moral, and as an able elucidation of the principles which make them so. Its publication will form as great an era in the history of the society, as that of their famous apology; it will induce all persons to think respectably of the sect, and perhaps, though it is written with no such intention, it may lead others to join it, for there are still SEEKERS in the land. We must not omit to mention, that we know of no modern book which is written in so pure and natural a style.
D. F. D.—At his seat (East run Hill) in Charles City county, on Tuesday the 13th of the present month after a short but severe illness, JOHN CREW J., in the 50th year of his age. He was a dutiful son, a loving husband, a tender father and an indulgent master; he has left behind him to lament his loss, a father in the 81st year of his age, the partner of his bosom and four small children. He was beloved by his neighbors and universally respected by his acquaintances.
NEW BOOKS,
JUST RECEIVED AND FOR SALE BY S. PLEASANTS, JR.
Malthus on Population. Travels in Louisiana and the Floridas, in the year 1802, giving a correct picture of those countries—Translated from the French. Winer in Town—A satirical poem. Jackson's Commerce of the Mediterranean, deduced from actual experience. M'Neven and Emmet's Pieces of Irish History. My Pocket Book—By a Knight Errant. Miseries of Human Life, or the Groans of Samuel Sensitive, and Timothy Teary. The Novice of St. Dominick, by Miss Owen. St. Clair, or the Heiress of Desmond, by the same. Johnson's Dictionary, and Thompson's Seasons, in miniature. Marmontel's Memoirs, written by himself. Stranger in Ireland, and Dermody. A new and handsome Edition of Steuben's Military Exercises, with Cavalry Exercises annexed. Essays, Moral, Economical and Political, by Francis Bacon. Baron of Verrulam, &c. New American Dispensatory. The Pantioclast Tyrant, a pathetic poem, by Thomas Brannan. Little and Moore's Poems, 2 vols. neat pocket edition. Wild Flowers, or Pastoral and Local Poetry, by Bloomfield.

FOR SALE, THAT most beautiful and healthy situation, known by the name of HALLSEBOROUGH , or HALL'S STORE , living on the Bucking- ham road, seven or eight miles above Manchester. Also another valuable TRACT OF LAND , in the lower end of Powhatan county, contain- ing two hundred acres more or less, with good improvements, and there is no doubt of a great quantity of COAL being on this land. The subscriber will give a great bargain in the said lands, as he wishes to move to the West- ern country. For terms apply to ZACH'Y HALL. August 25th, 1807.
W. COWAN, WATCH & CLOCK MAKER, INFORMS his friends and the public, that he has removed to the Shop formerly occupied by Mr. Edward Wanton, three doors above Messrs. Taylor & Brown's Venue Store . Where he repairs Watches and Clocks of every description. W. COWAN has on hand, an assortment of warranted Gold and Silver Watches—Also, a handsome assortment of Silver Ware and Jew- ellery—Consisting of Ladies' Ornamented and Plain Combs, Mourning, Fancy and Plain Ear- Rings, Mourning, Fancy and Plain Finger- Rings, Mourning and Fancy Lockets, Miniature Settings, Necklace Pins and Ornamented, Mourning and Fancy Breast-Pins, Bracelets, Neck Clasps, Gold, Gilt, Steel and Silk Watch Chains, Gold Pebble, Glass & Steel Seals, Gold, Gilt and Steel Keys, Locket and Ring Cases, Gold, Silver and Pearl Buttons, Table, Desert and Tea Spoons, Soup and Punch Ladles, Su- gar Tongs, Salt Shovels, Scissors' Chains and Cases, Thimbles and Pencil Cases—With a variety of other articles; all of which he offers at the most reduced prices. Richmond, October 2, 1807.
NOTICE THIS! WILL be SOLD , to the highest bidder, for ready money, on the premises, the 31st day of this month, (October.) A Valuable Mill, Working two pair of stones with one hundred and ninety-five acres of land annexed, on the Southside river 5 miles from Louisa courthouse. The house is 38 by 32 feet, 2 story high, and at a small expense might be put in good order for manufacturing wheat. The mill seat is an ex- cellent one, and situated in an excellent wheat country. The land is very strong and well adapted to the culture of corn, tobacco, wheat & oats. This property is well worth the attention of any person who would wish to own such. It certainly will be sold, and it is expected, for much less than the real value. I likewise will sell or exchange for land in Kentucky, my LAND , where I now live, containing by estimation 516 1/2 acres, situated about 3 miles from the above mentioned mill. This tract is well known to be a valuable one, in good order for cropping, and very well improved. For this land I will make the payments easy to a purchaser. Henry Garrett. October 9, 1807.
Education of Young Ladies, At Williamsburg. MR. ANDERSON'S Institution for Female Improvement will be opened this season, under circumstances that cannot fail to interest parents who have daughters to educate. The united cares of Mr and Mrs Anderson and Mrs Camp will be directed to the mental and personal accomplishment of their pupils, whose health, morals and deportment will meet with that scru- pulous delicacy and attention, which parental solicitude only can properly appreciate. A large and elegant Apparatus has been provided for the illustration of the studies of Geography and History; and in cultivation of the English and French languages, Mr A. will avail himself of the latest improvements of those celebrated writ- ers, Lindley Murray, of London, and N. G. Duffee of Philadelphia, by each of whom he has been recently honored with a copy of the last edition of his works. The course of Instruction will commence on the 20th October, and be completed about the 1st of May following—Terms of Boarding and Tui- tion for the whole period £ 30: children under 10 years old at half price. For the extra branch- es of accomplishment, Music, Drawing & Dan- cing some of the most eminent teachers in the United States are engaged to attend. On the usual terms, such pupils as desire improvement in these objects. Williamsburg, 6th Oct. 1807.
FOR SALE, And possession immediately given. 156 Acres of LAND, Lying in the county of Louisa, on the waters of Pamunkey river and Cub creek—about one third is cleared and in good order for cultivation, the balance is in Woods. A considerable proportion of which is good tobacco land. On the creek there is a very good water grist mill—the house is en- tirely new and well built, two stories high and calculated for manufacturing. It is tho't unne- cessary here to enumerate the advantages attend- ing this valuable property, as it is presumed a view will be taken by those who wish to pur- chase; suffice it to say, that it is an excellent stand for manufacturing grain for distillery, for a store or for a tavern. Should this property not be previously disposed of, it will be offered to the highest bidder, on the premises, on Mon- day the 2d day of November next—one third of the purchase money will be required in hand, for the balance a convenient credit will be given.—For further particulars enquire of Mr Launcelot Minor, Louisa, who will show, and who is au- thorized to sell the same. William Dabney. Albemarle, 20th September, 1807.
FALL GOODS. TOMPKINS & MURRAY, Are now opening in the house opposite the Post- Office, lately occupied by Messrs. Bohn & Hubner, an extensive assortment of FINE GOODS. Received by the ship Calye from London. They have been selected with much care and attention. Among them they would particularly recom- mend their Assortment of London Suterfine Cloths, Cashmere, Tolliet and Hats, All of a very superior quality. Also, an el- egant assortment of Fashionable ROBES MUSLINS, LACES, &c. They have also on hand, a large assortment of Coarse Woollens, Hardware, &c. Received by the ships Herschell , and John & Charles from Liverpool. The whole forms a complete assortment well worthy of attention, which they offer for sale on liberal terms. Richmond 10th Oct. 1807.
Fifty Dollars Reward. RUN AWAY from Reuben Clopton, when living in King William county, in the year 1791, on the first of January. A Negro Man, By the name of NEPTUNE , who formerly be- longed to the estate of John Hales, dec. living then in the lower end of Henrico—he is a tall, portly fellow, stoops in his shoulders, or you may say round shouldered, high forehead, his hair picked up each side of his forehead, flat nose, large white teeth, draws his words when he talks, or rather talks through his nose, and has a scar some where in his face, about forty- five years of age—it is supposed he is now pas- sing as a free man in the city of Richmond, as he thinks himself secure. There never has any efforts been made to apprehend him—he has a wife at John Hales, dec. living in the lower end of that county, and a mother—perhaps he may be harbored there. Any person, that will del- iver him to William Clopton, in Cumberland, or secure him in any jail, so that I get him again, shall receive the above reward. ELIZABETH CLOPTON. Cumberland county, Aug. 14, 1807.
FOR SALE, MY LANDS in Cumberland county, lying on Appomattox river, joining the lands of Messrs. William & George Skipwith; this land is equal if not superior to any land in Cumber- land county, of James river, it contains 607 acres, one half of which is covered with fine timber of every description. There is on this land a decent dwelling house, and between four and five hundred bearing apple trees of choice fruit. One third of the money will be expected when a title is made, the other two thirds may be divided into two annual payments. Mr. Jeremiah Baker or Mr. William Skipwith will show the land to any person wishing to become a purchaser. FRANCIS EPPES. Chesterfield, June 3, 1807.
FALL GOODS. KIRBY, DRAKE & TAYLOR, ARE now receiving by the ship Rola , from London, a large and handsome assortment of FASHIONABLE GOODS, (selected by a partner of the house.) AMONG WHICH ARE London Superfine Cloths, Cashmeres, and Tol- liets, superior quality. Gentlemen's Patent silk and Beaver Hats. Children's Trafalgar and Briske do. Elegant Leno Pique and Sewed Muslins. Do. Robes and Dresses. Colored Italian Crapes for Ladies' Dresses. Silk, Cotton, and Worsted Hosiery. Linen Lawn ns. Lawnns and Sheetings. 4-4 Cotton Shirting, very fine. Ladies' Kid Shoes. Calicoes, Cambricks, Chambrays, Cotton and Thread Laces, &c. And in daily expectation of receiving by the Protestant from Liverpool, a large assortment of COARSE WOOLLENS, and all of which will be sold very low, wholesale and retail, for cash, or on a short credit to punctual customers. Richmond, September 29, 1807.
Lesueur & Saunders Are now receiving and will constantly keep a large supply of Bar-Iron & Castings, Of superior quality. Feb. 21, 1807.
NOTICE. ALL persons having claims against the es- tate of John Sandridge, deceased, are requested to bring them forward to the subscriber duly authenticated, on or before the first day of No- vember next, at which time a dividend of the assets in my hands will take place—Those fail- ing to comply with this advertisement will be excluded from the benefit of said dividend. Thomas White. September 24, 1807.
William McCay, Watch-Maker, Main-st. Richmond, Returns his thanks to his friends for the encouragement he has met with in his pro- fession, and hopes for a continuation of past favors. W. McCAY has a general assortment of Gold and Silver Ware, made by the best workmen, which he has taken pains to obtain, consisting of warranted gold and silver Watches, Ladies' ornamented and plain Combs, mourning, fancy and plain Ear-Rings, mourning, fancy and plain Finger Rings, mourning and fancy Lockets, Mi- niature Settings, Necklaces pins and ornament- ed, mourning and fancy Breast Pins, Bracelets, Neck Clasps, Gold, Gilt, steel and silk Watch Chains, gold, pebble, glass and steel Seals, gold, gilt and steel Keys, Locket and ring Cases, gold, silver and pearl Buttons, Table, Desert and tea Spoons, soup and punch Ladles, sugar Tongs, Salt Shovels, Scissors Chains and Cases, Thim- bles and pencil Cases—with a variety of other articles; all of which he offers at the most re- duced prices. C P C Clocks and Watches of every description repaired by him. October 14, 1807.
FOR SALE. N B. Two Boys who can come well recom- mended will be taken as Apprentices to the a- bove business. 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 Fine 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 de- scription is deemed unnecessary. For terms apply to the subscriber, living on the premises. SAM. BASKERVILLE. Powhatan, Jan. 4th, 1807.
TO BE SOLD, At Painesville, in Amelia county, on Monday the 28th of December next, an Extraordinary valuable Black-smith Belonging to the estate of Richard Eggleston, dec. on a credit of six months. Bond with ap- proved security will be required of the purcha- ser. October 11, 1807.
Ellis & Allan, ARE OPENING AN EXTENSIVE ASSORTMENT OF FALL & FASHIONABLE GOODS (Selected by one of the partners) Received by the Calye from London, and Pro- testant from Liverpool: amongst which are BEST London superfine and extra superfine Cloths, and superfine Double and single-milled Kerseymere, patent Princes Goods; Royal patent Satin Velvets; Nett Pancaloon; Quil- ting; Tolliet, Spanish Marcella Circassian stripes, and rich tissue Silks, Silk Quiltings, black Florentine and Mole skins for vests; gen- tlemen's Vankyles; gentlemen's worsted, cotton silk & Angola Mole; Ladies' ditto; gen- tlemen's fashionable Beaver and patent Silk Hats; gentlemen's Hessian Boots and Dress Poncées; elegant Cambic Jacquet Robes; Sar- sents, Crapes and Opera & Imperial Nets; Italian Silks and Chambrays; Cambricks and Muslins; Fawn Crimson, Nigona and India Mantles 6/4 & 7/4; Waroneses of different co- lours; Spider Net; Balcon. Red Fox, Lynx, and Barache Mulls and Tipnets; Ladies' best Kid Shoes; Ladies' Limerick and York Tan Gloves; 4/4 Irish Linens, 5/4 Sheetings, Long Lawnns and some Irish Diaper and Damask Ta- ble Cloths; Irish and French Cambricks; Brus- sels Carpets and Rugs; Blankets, Napped Cotton, Plains, Kerseys, Coatings and clothes Flannels, &c.; ready made Great Coats, Pe- lisses, Surtout Coats and Small Clothes &c. &c. which they will sell very low for cash or to good customers. October 15th, 1807.
At Private Sale. NEGRO COTTONS White, Green, Brown and Blue Duffies Sagathys and Kerseys, in bales Coarse Cloths, Flannels and Rose Blankets. A great variety of Muslins, India and German Goods, &c.
Also— Brown Sugar, in hds. Cogniac and Apple Brandy Holland and Country Gin Northern and Mountain Whiskey Molasses Havanna Sugar London Particular Madeira Wine Black Pepper Bar and Rod Iron Northern Candles and Soap, &c. Darmstadt, Foster & Satchell, Auctioneers. Sept. 23.
LAND In the state of Ohio—For Sale. The subscriber wishes to SELL a valuable TRACT OF LAND, in the state of Ohio, containing 1,000 acres. This tract is of excel- lent quality, as the subscriber has understood from most respectable information. It lies on Deer creek, a branch of the Sciota, about 16 miles from Chillicothe, in a well settled neighborhood, and is very convenient to the trade of the Ohio. He will dispose of it for cash, or on a short credit, for notes negotiable at the Bank of Vir- ginia; or will exchange it for property in the city of Richmond. An unquestionable title, with general warranty, will be made to the purchaser. Wm. Munford. Richmond, Sept. 24, 1807.
JUST PUBLISHED, And for sale at this office by the gross, dozen or single. THE VIRGINIA FARMER'S Almanac, for 1808; Adapted to the latitude and meridian of Rich- mond: By BENJAMIN BATES, of Hanover county.
A PROCLAMATION. WHEREAS it is duly certified to the Executive that the Courthouse of the county of War- wick is in so ruinous a situation as to be unfit for the accommodation of the court in its execu- tion of its duties; and that until the said court- house can be repaired or rebuilt, an out house of Richard Young near the site of said courthouse had been tendered to the said court for the coun- ty aforesaid and by them accepted: I have there- fore thought fit by and with the advice of the Council of State, to issue this proclamation hereby notifying all whom it may in any manner concern, that until the courthouse for the county of Warwick aforesaid shall be repaired or re- built, and made fit for their accommodation, the Court of the county of Warwick aforesaid, shall be held in the aforesaid out house of the said Richard Young, near the site of the courthouse aforesaid, in the said county of Warwick, ac- cording to law. Given under my hand as Governor, with the Seal of the Commonwealth annexed, at [L. S.] Richmond, this 29th day of Septem- ber, 1807. Signed. WM. H. CABELL.
FOR SALE, Opposite Colonel Mayo's new Buildings, 4th, 3rd and 2nd proof Antigua Rum in hds. of the crop 1805—Imported early 1806 New England Rum in hds. and barrels 1 pipe very Superior Holland's Gin Rye Whiskey in barrels Loaf and Brown Sugar in Ditto Coffee by the barrel or bag Beef and Pork in barrels Irish Potatoes in ditto, suitable for table or planting Potomac Shad and Herrings, Stone Lime in large and small casks. And a general assortment of GROCE- RIES, &c. &c.—which will be sold low for Cash, good p.p., or exchanged for country produce, by JOB GREENE. Richmond, 27th May, 1807.
Royster & Bohannon, Respectfully inform their friends and the public generally, that they have just received a general assortment of GROCERIES, Which they will sell low for cash, country produce, or good notes at sixty days— AMONGST WHICH ARE Brown Sugar in hds. Tumblers, pint and half pint Loaf Sugar in do. do. Decanters, quart and pint Jamaica RUM Sleiper's Snuff Antigua RUM Window Glass N. England Brandy London Mustard Best Cogniac Brandy Holland Gin Country do. Copperas Madeira New York Candles Sherry Ginger Malaga & Spice Dry Lisbon Pepper Hibbert's Brown Queen's Ware in Stout and Porter crates, assorted Writing Paper New York Soap Brown do. Imperial & TEAS Nutmegs G. Hyson Indigo Best Green Coffee in bags Salt Petre Sack Salt English Gun Powder Cotton and Wool Shot, assorted Cards, by the box, assorted. Richmond, April 1, 1807.
NOTICE To D. & W. Guerrant's Creditors. THAT a dividend of monies in hand will be made on Thursday, 15th of next month. The creditors are requested to attend at this place to receive their respective dividends either per- sonally or by agents authorized to grant receipts. By order of the trustees. William Guerrant. New Canton, Sept. 10, 1807.
FOR SALE, MY LAND, In the Forks of Lickinghole creek, containing 360 acres, bought of John Bolling, & adjoining Capt. Wm. Bolling and others. One third of this land is in woods. There is a grist and saw- mill on the place, on a lasting stream, within one mile of James river. The terms of sale will be made known by applying to the subscriber. Alex. Fowler. Goochland, 6th Oct. 1807.
W. WARDLAW, HAS received his full supply of Medicines, Surgical Instruments, Patent Medicines, &c. By the ship Herschell , from Liverpool, he has received an assortment of Phials and Shop Fur- niture suitable for Physicians. On hand a few MEPHITIC AIR MACHINES. Richmond, October 19, 1807.
At a Court held for Henrico county, at the Courthouse, the 24th day of September, 1807. James Brown and Robert Rives, surviving partners of the commercial house of Brown, Rives & Company, compts. Against Thomas Reeves and William Temple, defts. This day came the complainants by their counsel, and the defendant Reeves, not hav- ing entered his appearance and given security according to the act of Assembly and the rules of this court; and it appearing to the satisfac- tion of the court that he is not an inhabitant of this commonwealth: On the motion of the com- plainants, It is ordered , That he do appear here on the first day of December Court next, and an- swer the bill of the complainants; and that a copy of this order be forthwith inserted in some newspaper printed in the city of Richmond for two months successively, and posted at the door of the courthouse of this county on two succes- sive court days. A copy, Teste, ADAM CRAIG c. s.
Thirty Dollars Reward, FOR THREE NEGRO MEN. JAMES a yellow man, about 5 feet, 10 inches high, and about 40 or 45 years old. I hired him of Mr Wm Bailey of New Kent. YORK TAYLOR, a black man, about the above age, about 5 feet 6 or 7 inches high, a very bad coun- tenance. ADAM, a lad, about 20 years old, very likely, he is tall and slim made. I hired the two latter of colonel Wm. Walker, of James City. I will give ten dollars for either of said men, if delivered to me in Richmond. The above slaves, James I suspect to be in New Kent, A- dam in James City, York Taylor I think will make for James City, but was yesterday in Rich- mond. JOHN P. SHIELDS. October 18th, 1807.
Lands and Negroes FOR SALE. WILL be offered for SALE, on the premises, to the highest bidder, on the 24th day of November, (if not previously sold) the TRACT OF LAND wherein the subscriber resides, ly- ing in the county of Prince Edward, on the waters of Buffalo. Containing between 2500 and 3000 acres; a considerable portion of which is valuable CREEK LOW GROUNDS, well adapted to the culture of Tobacco. Corn and Grass. Persons wishing to purchase, will ap- ply to the subscriber on the spot. ALSO, FORTY NEGROES, of different a- ges and sexes. One third part of the purchase money will be demanded on the day of sale, and the remainder to be paid in twelve months from that date. Bond and security will be required, bearing interest from the date, if not punctually paid. At the same time and place, the Imported Horse MUFTI, Will be offered for sale on a liberal credit, and if not sold, will be farmed out for the ensuing season. Richard K. Randolph. N. B. The terms on which the land is offered, will be made known on the day of sale. September 11, 1807.
BLANK BONDS For Sale at this Office.
Nails, Breads & Sprigs, MANUFACTURED at the Penitenti- ary, and for sale by NICHOLAS HALLAM, agent for the Commonwealth, a few doors above the Swan Tavern, Rich- mond. CUT NAILS. Wholesale. Retail. 3d. 12 1-2 cents. 13 1-2 cents per pound. 4d. 11 1-2 12 1-2 6d. 10 1-2 11 1-2 8d. 10 11 10d. 9 1-2 10 1-2 12d. 9 1-2 10 1-2 20d. 9 1-2 10 1-2 CUT BRADS. 3d. 9 1-2 10 1-2 10d. 9 10 12d. 9 10 20d. 9 10 WROUGHT NAILS. 6d. 12 13 1-2 8d. 11 1-2 12 10d. 11 12 12d. 11 12 20d. 11 12 24d. 11 12 Spikes of all sizes the same price as 30d nails. CUT SPRIGS. 3d.—50 cents per thousand.—4d. 67 cents per thousand.—6d. 84 cents per thousand. Also, for sale as above, a variety of Plantation Utensils, such as Plough-irons, Harrow-teeth, Axes, Wedges, Chains, &c.
SHOES Of all sizes made of the best materials, may be had on the most reasonable terms. Where also may be had a general assort- ment of well chosen GROCERIES. May 13, 1807.
PROPOSALS BY LORENZO DOW, FOR PRINTING BY SUBSCRIPTION, A Pocket Testament, (Designed as a companion for young peo- ple)
WITH a short Analysis to the different Books:—Also, as John Wesley's translation by some Clergy of different de- nominations, (as well as by some Doctors) is acknowledged to be nearer the original than the common translation, his variati- on will be added in short notes—And as soon as 1000 Copies are subscribed for, the work shall be put to press and finished without delay. CONDITIONS. I. The work will be printed on good pa- per, octadecimo form, on a new type cast for the purpose. II. The Book will be plain bound, Pocket Book form, with a silk tie. III. It will be sold to subscribers at one Dollar—to be paid on the delivery of the Book. IV. Those who will be accountable for ten copies, shall have the eleventh gratis—the number of copies subscribed for must be returned to S. Grantland's Prin- ting-Office, Richmond, or Doctor Jen- nings, New-London, or forwarded by the Preachers to the Baltimore conference in May next, to L. DOW, October 14, 1807. **Subscriptions for the above work are received at this Office.
PROPOSALS, FOR PUBLISHING BY SUBSCRIPTION, A REPORT OF THE TRIAL OF Col. Aaron Burr, FOR HIGH TREASON, In the Circuit Court of the United States, held at the City of Richmond, in Virgi- nia, in the Summer of the year 1807. TAKEN IN SHORT HAND, BY DAVID ROBERTSON, OF PETERSBURG.
THIS publication will contain a correct and full statement of the documents in the cause, the arguments of counsel, and the opinion of the Judges on the different points discussed, in- cluding the preliminary and interesting pro- ceedings which occurred before the Grand Ju- ry were sworn, and while they were in delibe- ration. It will consist of two volumes, bound in boards, of which, the precise number of pages cannot yet be ascertained, as the trial is not fi- nished; but the price will not exceed fifty cents for every hundred pages; it will be less if it can possibly be afforded. It will be put to the press as soon as possible. The first volume will be ready to be delivered in two, and the second in four months from the termination of the trial, and sooner if it can be accomplished. It is es- sential to a correct execution of the work, that it should not be too hastily published. The price must be paid on the delivery of the first volume. The arguments of the counsel will be detailed verbatim as uttered—as also the opinions of the Judges—except where they were read in court; in which cases, they will be published as read and furnished by themselves. To all persons capable of reading and under- standing, this trial, the most important that has ever yet taken place in America, will be am- using and interesting; and to the lawyer, politici- an, and man of general information, it will be particularly gratifying and useful; as compre- hending a valuable treatise on legal subjects, especially High Treason. Mr ROBERTSON, with some inconvenience to himself, undertook this publication in the earnest request of many respectable gentlemen, and in compliance with what he conceived to be a very general desire.—The applications to him were induced by a wish, to have a faithful and correct statement of the proceedings, his known skill and experience in this art, his strict im- partiality in former publications, and his legal and literary knowledge, warrant the belief, that the utmost confidence may be put in the fidelity and accuracy of his report. To the foregoing will be added, the sub- sequent proceedings against Col. Burr. His trial for a midemeanor—for preparing an expedition against Mexico—and the motion to commit him, in order to send him to Ken- tucky to be tried for treason said to be committed at the mouth of Cumberland river.
A FRESH SUPPLY OF Church's Cough Drops is just received from the Proprietor's Dispensary New-York, and for sale at this office.