Virginia Argus (Richmond, Va.), 1807-10-03 00:00:00

VIRGINIA ARGUS.
[XVth YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1394.]
RICHMOND:—PRINTED (ON WEDNESDAYS AND SATURDAYS) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
[Four Dollars Per Annum—paid in Advance.]
SATURDAY, OCTOBER 3, 1807.
[12 1-2 Cents Single.]
From the London Morning Chronicle of July 28.
The circumstances respecting the engagement between the Leopard and the American frigate Chesapeake, are stated to be as follows:—It appears that some British deserters had taken refuge on board the American frigate. The Leopard falling in with her, demanded that they should be given up, and insisted upon searching for them. This was peremptorily refused by the American captain; after which the Leopard fired a shot, was answered by a broadside, and an action immediately commenced, which, however, did not continue long, for the Chesapeake upon having a few men killed and wounded struck her colours. The deserters were then taken out of her, and she was permitted to depart, and, we understand, she returned immediately to the Chesapeake. The Chesapeake is a large 44 gun frigate, very little inferior in size to the Leopard.
Such is the account given of this affair in the ministerial paper the Sun, of last night.
Out of this statement, as it stands, various considerations arose; though, to enable us to judge of the true state of the case, much more information is necessary. If the American captain received on board his vessel deserters from British ships of war, knowing them to be such, perhaps he was culpable, notwithstanding the practice of one nation receiving the subjects of another into its service, without any questions asked. On the men being demanded, he ought for the sake of peace and good understanding, perhaps, to have given them up, though we do not know, that by any law of nations, far less by any existing treaty, he was bound to deliver them on the demand of any British ship. If he was called upon, however, to deliver them up on a menace of search, and if that accompanied the demand, he did no more than his duty in refusing to allow his ship to be searched; because, had he yielded to the menace, he surrendered an important right belonging to his country.
It is to be observed that this is a case different from any that has yet occurred, respecting the right of taking British sailors out of American ships. The Americans dispute our right of taking them out of private ships, and allege great outrages in doing so. Here the case stands upon totally different grounds. The Chesapeake was a ship bearing a flag and a commission of the U. States. The question then is, whether this country or any ship bearing the king's authority and commission, had a right to insist on visiting by force the ship of a neutral and friendly power for the purpose of searching for deserters? It is not whether there actually were or were not deserters on board the American frigate, or whether the American captain knew of it? That fact at present is of no manner of consequence. The question is whether we had the right to pursue redress of an alleged grievance in the way resorted to by the commander of the Leopard. A man may have a very good action at law, when he must not take the law into his own hands.
We hardly imagine that any civilian will contend, that a British ship could have this right of search by force, because such a right is wholly inconsistent with the sovereignty of the United States of America. To all intents and purposes the sovereignty of the U. States in all its branches, and surely therefore, in whatever relates to military jurisdiction and authority over its public force, is as complete as that of this or any other nation over its army or navy. But what can be a more direct invasion of this right of sovereignty, what a more flagrant attack on the honor of an independent nation, than to insist as a matter of right, on going on board a ship of war, and searching for deserters? We do not know any case that would support such a demand, for there can be no necessity for it; but the pretence in this case is very trifling, and far below what could justify one nation in demanding that another should submit to such a badge of ignominy. Let any military man, or any seaman, reflect for a moment what the thing demanded is? It is that the public ships and vessels of one power, shall, when and where they please, send on board the public ships and vessels of another friendly power, and by force pass in review the whole crew, search the whole ship, and do every thing the most inconsistent with the discipline of the ship visited, and the dignity of the nation submitting to this supposed right?
Let us put this home to ourselves—Suppose the Chesapeake had been lying at Portsmouth. Suppose the American captain had got information that some run-away American sailors were on board a British ship of war. Admitting that they were run-aways, would any English officer commanding such a ship of war, have acceded to the impudent and insulting demand, to send or come on board his vessel, make his crew pass muster, each tell where he was born, search every trunk, and do that which in the very nature of things cannot be done without outrage and insult? Yet if there be right in this pretence, it is a right common to both nations; and the American captain would have been full as much entitled to exercise it at Portsmouth or in the Downs, as the commander of the Leopard in Hampton Roads. The claim is so inconsistent with the clearest rights of independent sovereignty, that it can have no foundation in the law of nations; and it would necessarily lead in practice to such disorders among the high spirited officers of two different navies, as must satisfy every reasonable man that, being utterly repugnant
to common sense, it cannot form part of the international code of civilized societies. This is not a case in the smallest degree affected by that of the Swedish convoy. The principle is wholly different. In the case of the Swedish convoy there was no claim to visit and search the merchant ships under convoy; and the Swedes said "no"; the presence of our ships of war is a sufficient security that this convoy carries no contraband. We again denied this and insisted upon visiting the ships under convoy, provided we had a reasonable ground of doubt of suspicion.
The demand to visit and search a ship bearing the flag and commission of an independent neutral power, on pretence of catching deserters, is of a quite different nature. Surely if any place ought to be privileged from a forcible entry on such ignoble pursuit, it is the royal, or the national navy, of an independent state. Surely if any courtesies are mutually due, it must be to prohibit such indelicate and disorderly intrusions. We do not plead the cause of the American navy here—we plead that of the British navy. We say that British ships of war are not, and cannot, be subject to such visits from the Americans, or any other nations; and therefore the Americans are not bound to submit to them from the British. The law is equal to both, and the existence of a law at once so humiliating and so dangerous, cannot be supposed. We deny then that such a law exists. We defy ministers to produce a single paragraph from any respectable writer on public law, or any admitted case, by which the proceedings of the commander of the Leopard can be authorised or defended. His conduct, come what may of the dispute, ought to be disavowed.
We are glad to find that Sir John Nichol, the king's advocate, was present at the council upon this affair. The learning and sound sense of Sir John Nichol, we trust, would correct the intemperance of ministers, and satisfy them that the pretension insisted upon in this case is wholly unprecedented, and is utterly inconsistent with the common rights and dignity of independent states.
What may be the facts of this case, we do not pretend to be yet informed. It is said, however, that the deserters in question were really Americans and not British sailors, redress surely might have been obtained by application to the American government; and there was no such pressing emergency or urgent danger, from the escape of these deserters, as to justify the adoption of a violent remedy, or the appeal to that sort of law which nothing but necessity can sanction.
Complaints of taking each others men are common to us and the Americans; and probably in both cases to some extent well founded. But this is to be considered, that in the one our men follow their own inclination, in the other they are pressed. We do not believe, however, that there are 1000 British seamen altogether in the American service.
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 entirely new and well built, of two stories high and calculated for manufacturing. It is that unnecessary here to enumerate the advantages attending this valuable property, as it is presumed a view will be taken by those who wish to purchase a sufficient it to say, that it is an excellent farm 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 Monday the 24th 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. Laurence Moore, Louisa, who will show, and who is authorised to sell the same.
William Dabney.
Albemarle, 20th September, 1807.
The Hallerian Academy,
WILL be open for the reception of new Scholars in the course of October next; when Mr. D. Doyle, professor of the Latin, Greek and Mathematical Department, (formerly principal of Trenion Acad. my—Rector of the Latin and Greek Classics, published at Philadelphia, and author of several literary performances) will join several other teachers actually engaged by Dr. Haller, for the instruction of the respective pupils. The extensive buildings of this institution being now nearly finished, Doctor Haller has actually made the most convenient arrangements for the admission and accommodation of young gentlemen in the one extremity, whereas the other parts of the buildings entirely distinct and separate, are actually appropriated for the accommodation of the Female Department, and his family of the same sex.
It is therefore his wish to admit in future a larger number of pupils of both sexes, whose education shall always command his utmost exertions and vigilance.
But at the same time Doctor Haller must publicly declare, that all those who will not conform themselves most scrupulously to his rules and regulations actually in force, shall be dismissed without any exception.
September 28, 1807
FOR SALE AT S. PLEASANTS' BOOK STORE, Hunting's New Virginia Justice, Containing the Duties of a Justice of Peace, &c. together with a variety of useful precedents, adapted to the laws now in force. Also, forms of conveyancing, such as deeds of bargain and sale, lease and release, mortgage, trust, &c.
Circuit Court.
MOTION FOR COMMITMENT.
MONDAY, Sept. 21st.
James McDowell again called in.
Mr. Hay. How far did your evidence go, on your former examination? Mr. Wirt. The court stopped him within the limits of the United States. Mr. Hay. Do you recollect anything that passed, after you left the mouth of Cumberland?
The Witness replied to successive interrogatories, that he saw 8 or 10 arms in the boat, which sat out in the boat of Capt. Tyler and Maj. Smith, that he saw guns, but not so many, in the other boats; that Colonel Tyler was the Captain of that boat; that he thought there were about 150 men at Cole's Creek; that at a little Bayou below Bayou Pierre the boats stoppt and Col. Tyler got out; he knew nothing of clearing ground for exercising the men; he did not see the boxes opened; that some of the boxes were 4 feet long and some six, that they were heavy, and he could not lift them; he saw 6 or 7 boxes; that a few miles below Cole's Creek, they went up on a hill, and formed a circle: Colonel Burr told them, he was a Thorn in their side, so long as he remained with them; that he had been taken from them two or three times; he had been carried on his trial to Washington; and that he was now about to leave them; he told them, what was his, was theirs, (alluding as the witness supposes to his property,) and that they might go on and settle the Ouachita country, which he had purchased.
Cross-Examined. Mr. Burr. Did you see General Wilkinson at New Orleans? A. I do not know whether I saw him. Q. Who invited you to come here? A. I was summoned in Pennsylvania. Mr. Blennerhassett. Do you recollect being in Dean's boat? A. I do. Q. Do you not recollect, that its roof was leaky? A. I do. Q. Do you not recollect, that I expressed some fears, lest the leaks might injure my boxes? A. I do not recollect.
Israel Miller. Mr. Hay. Were you at the mouth of Cumberland? A. I was. I went down with Mr. Tyler from Pennsylvania. Q. Had you any communication with Mr. Burr? A. I was introduced to Mr. Burr by Mr. Tyler at the Island opposite the mouth of Cumberland. I never held any conversation with Mr. Burr. Q. How many men were at the mouth of Cumberland? A. On the whole between 60 and 70. I am certain there were not 100. Q. What did Mr. Burr say to the party on the Island? A. He said he had something to communicate, which he would take another time for. Mr. McRae. How many boats were at the mouth of Cumberland? A. I believe ten. Q. How many men in each boat? A. There were 7 in the boat I belonged to; I know not how many were in the others.
Cross-Examined. Mr. Burr. How many men went from Blennerhassett's Island? A. About 31 men. Q. Were these men used to labor; to farming or mechanics? A. Most of them were not used to labor. Q. Did they not do hard work? A. They did. Q. What arms did they bring from Blennerhassett's Island? A. I saw only one blunderbuss, one fusc and a pair of pistols. Q. How much powder? A. I saw only a small keg. Q. How many lbs. do you suppose it contained? A. About 10 or 15. Q. Were they not short of powder to kill game; did they not very often come into your boat and borrow some? A. They did. Q. What kind of game? A. Ducks and Turkeys. Mr. McRae. Do they kill this kind of game with bullets? A. Yes. Mr. Burr. If the gentlemen had ever been in Kentucky, he would have known, that it was considered, injudicious there, to kill a squirrel or even Ducks, with anything but bullets.
TUESDAY, Sept. 22.
Jacob Dunbaugh was re-examined; He stated there were two keels and four bateaux; that Mr. Burr had told him between Chickasaw Bluffs and Bayou Pierre, that his first object was to seize Baton Rouge, and make that his home, until he could collect his forces which he expected would amount to 10 or 12000; he stated that Mr. Blennerhassett told him, that governor Foult of Baton Rouge would order the men to take the flints out of their guns; he said that some of the men went up the Red river.
Upon being cross-examined, he stated that he had made a deposition at New Orleans at the request, but not computation of General Wilkinson; that he was well acquainted with the construction of bateaux, that they could go up stream, and that they were built for that purpose.
Stephen S. Welch. Q. Were you at the mouth of Cumberland? A. I was; I only joined there. I was there with a load, and capt. Berry wished me to join and go down the river, to make a settlement; for that it was advantageous to young men. I said, that I had no incumbrance; and being a single man, I was willing to go. Q. Who is Berry? A. John Berry a man I met there. Mr. Burr. He was called captain of the boat. Witness. He was appointed captain of the boat I went in. I agreed to go down. The proposition made to me by capt. Berry was to settle the Ouachita country; to have a certain portion of land, besides other compensation. Q. What was it? A.
Capt. Berry offered me 10 dollars a month; but I said, I was not for hire, and as I was a young man, would go as a volunteer. Q. Did you descend the river with them. A. Yes. Q. Do you recollect hearing any conversation from Mr. Burr to Mr. Floyd, on the subject of arms? A. I do not. Did you go to Bayou Pierre? A. I did and also to Natchez. Q. What became of Mr. Blennerhassett? A. I think that he went down to Natchez with us. I think that the boat with his family aboard was struck on the point of an Island above Natchez, and that I assisted to get her off. I did not see Mr. Blennerhassett there, but I was told that he went to Natchez.
On being further interrogated, the witness deposed that he was on the piece of ground cleared for exercising; that he was stationed there with 16 or 17 others as a guard to watch the boats, about 200 yards from it; that the boats were then on the west side of the Mississippi; that he understood as the reason of this arrangement that militia were expected to come and carry the boats to Cole's Creek; that the orders of the guard were to let no one pass to the boats, without giving the countersign, "Look sharp;" and to fire if any one attempted to pass, not with an intention of hitting them, but as an alarm to the boats; that a Mr. Noland from Berry's boat gave the orders, but he knew not who gave them to him; Noland was sometimes stiled lieutenant, and sometimes ensign; that centinels were placed out who were relieved every two hours through the night till day-light; the guard were not. Q. Were you ever better informed about the object of this expedition? The witness said, he had not been from those who had any authority, or who he supposed were better informed than himself; but there was a talk among the men, that they were going to take Baton Rouge.
Q. Why did your impressions change? A. The witness said he did not know who was the first person that started such a conversation, but that he had first heard it from two or three more who were talking in the bow of the boat; that he came forward and heard it; that it was further said, that they were going to drag the men to Florida. Some of them were very much scared at the time. He further said, that there were somewhere about 100 men at the mouth of Cumberland; that they had no agricultural tools, no ploughs, hoes or harrows, except edged tools to fell timber; that the search made by captain Fitzpatrick was at the Bayou below Bayou Pierre; that being only in one boat when it was searched, he does not know whether the search was a fair one; that he never saw, but did hear that arms had been sunk and concealed; that he saw, not heard of the stopping a leak produced by two auger holes and ropes in the back part of the gunwale in the cabin occupied by Mr. Burr; for that Mr. Prior being unable to stop the leak, he had called him, and he had stopped it.
Cross-Examined.—Mr. Burr. Did you know Dean's boat? A. It sailed with us in company from the mouth of Cumberland; but I do not certainly know, whether it was connected with us. Q. What became of Boyce's boat? A. It went down to Natchez. Mr. Wirt. Who dismissed you from this party? A. When the boats were stopped and the eruption took place, I went down to Natchez. Mr. Wirt. When Col. Burr left the party, was there any ceremony of parting? any speech? A. He did speak to them. He said, he would have to leave them, till he could see them again. I think, he said his property was to be distributed among them. Q. Was any thing said about wages; about the time of paying them? A. I don't recollect.—Mr. Burr. How did you come round from New Orleans? A. I came with Gen. Wilkinson. Q. Were you subpoenaed? A. I was. Q. Had you any communication with general Wilkinson? A. Not till after I had received the subpoena. Q. Did you receive any money there? any from gen. Wilkinson? A. Yes; I received 10 dollars from gen. W. to help me to bear my expenses as a witness. Q. Did you give any deposition there? A. None; but some statement of my evidence, taken down by gen. Wilkinson; but I did not give my qualification to it.
William Love, called in again.
Mr. Hay. When did you separate from the party? A. At Bayou Pierre. Mr. H. State the circumstances which induced you to leave them. Witness. The boat was going down to Natchez, and I went down in it. Q. What boat? A. The boat with two horses in it. Mr. Wirt. Did you go in Boyce's boat to Natchez. A. Yes. Mr. Hay. Did you go in consequence of any direction from Mr. Blennerhassett? A. I did not. Q. Why did you leave them? A. I was not in the party; and I thought I might as well leave them. Q. Was there no particular circumstance as to Mr. Blennerhassett, which induced you to do it? A. Yes. When I was in the boat Mr. Blennerhassett ordered me out, for he wanted to speak to the men in my absence. I was not pleased at this; as I thought my life as sweet as the rest of them. Capt. Elliott however came, and told me, I might join as a volunteer, and gave me a musket. I went over to the party, but finding that I could not keep as high as the rest of them, I got discontented, and was determined to go to Natchez. Q. In what boat did you see the chest of arms? A. In Maj. Floyd's boat. Mr. Wirt. Do you know any thing of the guard? A. I was not there at that time. Mr. Hay. In what boat were the other chests? A. I do not say they were arms; but I saw some boxes on board of capt. Dean's boat. Mr. Wirt. Did you say you had no other reason for quitting,
but because you could not keep up appearances? A. None.
Cross-Examined.—Mr. Burr. Who brought you round here from New Orleans? A. Gen. Wilkinson. I was introduced to him by Serjeant Dunbaugh before I was subpoenaed. Every one of the party whom he could find was called to the general. Q. Did gen. W. ask you any questions? A. He asked some. Q. Was this before or after you were subpoenaed? A. Before. Q. Did you receive any money? A. I received about 20 dollars from the military agent after I was subpoenaed. Since I came here, I have refunded it to the Marshal.
SAMUEL MOXLEY. Mr. Wirt. Were you with this party? A. I was. Q. Where did you join them? A. At the Falls of Ohio. Q. Were you at the mouth of Cumberland? A. I was. Q. In whose boat did you descend the river? A. In capt. Berry's boat; which was built at the Falls of the Ohio, and there joined the party. Major Floyd's boat also joined them there; besides a small barcaux, which was not loaded with provisions as the other two were. Q. Did you not proceed down the river with the boats which came from Blennerhassett's island? A. Yes; we were sometimes in company with them. Q. How many men were at the mouth of Cumberland? A. I suppose not more than 100. Q. Did you see these men introduced to Colonel Burr? A. I did not. Q. Nor heard his speech? A. I heard nothing about it, till I got to Orleans. Q. Did you conceive that you belonged to this party? A. I did. Q. With whom did you make an engagement? A. With Mr. Berry of Indiana, 12 miles from Jeffersonville. Q. What was the nature of that engagement? A. To descend the Ohio and Mississippi, and to ascend the Red River, to settle the Ouachita lands. I was not certain whether these lands belonged to colonel Burr or Mr. Lynch; but I supposed, the latter. It was also stated, that should our frontiers be invaded by the Spaniards, we were to render every assistance in our power to resist them. How many arms were in your boat? A. About eight or nine. Q. How many men? A. About sixteen. Q. Were you at the Bayou, below Bayou Pierre? A. I was. Q. Did any thing of consequence occur there? A. I do not know what you may deem important. Q. Were there any guards stationed there? A. There were, and for this purpose: the militia were said to be crossing the river above us in rafts; and the guard were to give the alarm. Q. Was any ground cleared to exercise men? A. There was ground cleared, but I do not know for what purpose. Q. How large a slip? A. About half an acre. Q. To what purpose was it applied? A. I know not; but the guard were stationed there. Q. Was it that the guard might stay there? A. I do not know; but when it was cleared, I did not see the necessity of clearing it. Q. What instructions were given to the guard? A. I heard only from others; that if any one approached, they were to fire 2 guns; and then the guard was to go off in a small boat. Q. Did you think that the object of this enterprise was to settle lands?
Mr. Burr objected to such enquiries. How could the mere opinions of a witness have any influence in a court of justice? Might not those opinions be formed upon idle rumors? Gentlemen have substantially asserted that four fifths of the people of this state have been duped by such false rumors. The same means of deception were used in Kentucky; but they were not so easily duped, as the gentlemen now represent the Virginians to have been. C. Justice. Let the question be proposed in this form: Did you see any thing in the party itself, which induced you to think that its object was a different object? A. I did not. Before the arrival of the militia, when I began to entertain doubts of the object.
Mr. Wirt. Was there any part of your engagement about a service of six months? A. We were engaged for six months. Mr. McRae. What service? A. I am not certain. We were to stay there to settle lands; and it was supposed the settlement would be made in that time. Q. What consideration were you to receive? A. Ten dollars a month and 100 acres of land. Mr. Wirt. Had you any manual exercise as you went down? A. We had on the roof of the boat, two or three times. Q. The boats were loaded? A. Yes; they were flat on top; The exercise was of our own accord. Mr. Hay. Did you see the same operation in other boats? A. I did not. Mr. Wirt. Did you see any thing of the search by col. Fitzpatrick? A. I was there. It happened at Thompson's Bayou. Q. Did Fitzpatrick take all the arms? A. The muskets were taken from our boat, before col. F. made the search. Q. To what boat were they carried? A. I know not; but they were taken out of our's. Q. Do you know any thing about the burying or concealing of arms? A. I do not. Q. Do you know any thing of holes bored in the gun wales of col. Burr's boat? A. I do not. Q. You were in your own boat, I suppose? A. I was. We were at too great a distance from them to have seen any such occurrence. Q. Do you know any thing of it from public conversation among the men? A. I understood that the arms had been concealed. I heard it talked of in the company of the men; by different persons, that they were taken to a lawyer's, also, that they were taken up the Bayou and buried; and that they were com-
NOTE. * A Sawyer is the log of a tree, or a whole tree fixed to one end in the bottom of the (Mississippi) and plays up and down with the current, like a man who is sawing timber.

ceased underneath the boat of Colonel Burr.
No Cross-Examination.
CHANDLER LINDSLEY.
Q Where did you begin with your voyage? A I descended the river with Mr Ellis from Pittsburgh. Q What was the object of the voyage? A Mr Ellis called it a trading voyage. Q Did you join the party at the mouth of Cumberland? A I did. Q What do you suppose was the force at the mouth of Cumberland? A I should suppose that there were about 70 or 80 men. The circle, to which Col. Burr was introduced, consisted of 30 or 40; and I should suppose, they composed about a half of the whole. Q Did you stop at Cincinnati? A I did. Q Did you receive any information of the party there? A I heard that Col. Burr had been there a day or two before; and had excited some consternation among the people there. Q Did you stop at the Falls of the Ohio? A The water was low; and occasioned us to remain there two or three days. Q Was any of the party there? A Mr Kibby was there, engaging men to settle the Ouachita land. Q Do you recollect his christian name? A I do not. Q On what terms did he wish to engage? A Mr Kibby stated to us the articles of agreement. They were nearly the same, as those which Mr Moxley has described. Q Were there any signatures to the articles? A There were about ten or twelve. Q What were the terms? A It obligated them to go down the Ohio and Mississippi, and ascend the Red River, to the mouth of Black River, and those waters up to the Ouachita River; and it was annexed, that if the frontier was invaded, they were to resist. Q Did you descend the Mississippi? A I went to Natchez with Major Floyd and Ralston and about 15 others in a keel boat purchased by Colonel Burr of Mr Ellis. Q What was in that boat? A Bar-iron, hoes, mattocks and a few barrels of apples. Q Do you know where the bar-iron and other articles were obtained? A Yes; they were purchased by Col. Burr of Mr Ellis at the mouth of Cumberland. Mr Wirt. Was Mr Ellis's being there accidental? A At the time Mr Ellis was at the Falls, Major Floyd talked of making a contract with Mr Ellis, for these articles: he did not however buy them; but told Mr Ellis, that he would see Colonel Burr on the river, and he was confident that the colonel would purchase the whole. Q Where were these articles from? A From Pittsburgh, Mr Wirt. My object is to ascertain, Sir, whether Burr's meeting with Ellis was in consequence of any previous arrangement between them, or the mere effect of accident. Can you inform me as to the point? Was Mr Ellis's voyage pre-concerted with Col. Burr? A Mr Ellis, Sir, was on a general trading voyage. Mr Hay. How many of those articles were there? A I know not. Mr Ellis has, I believe, an inventory of them; and he is here. Mr Wirt. Was Mr Blennerhasset at the mouth of Cumberland, when the tools were purchased? A He was. Q Was any proposition made to you to join the party? A There was. Q Who made it? A Colonel Tyler asked me. I told him, that if there was nothing hostile in their views and there was a prospect of gain, I would join. He said, if there was anything hostile, he would be as far from it as any man. Mr Wirt. Did you not join? A I did. I had a right to withdraw whenever I pleased. The greater part of Col. Tyler's men were, I think, on the same terms. Mr Hay. Why did you make that reservation? A From the reports which were then in circulation. Mr Wirt. What were the terms? A I joined on the same terms as the other young men, who were with him. Colonel Tyler told me, he was going to settle Ouachita land; and those who went on first, were at liberty to purchase land. Mr Hay. For what time did you engage? A I was at liberty to leave them, whenever I pleased. Mr Wirt. Did you hear any observations from Col. Burr at the mouth of Cumberland? A Only a few words. He said, that he had intended to have communicated his designs at that place; but that certain reasons prevented him. I understood him to say, that Col. Tyler, Major Smith and Floyd would make those reasons known to us. Mr Wirt. Do you know any thing of the transactions at Thompson's Bayou? A I was not there. No Cross-Examination.
JOHN MUMHOLLAND.
Witness. Do you wish me to state where I joined the party? Mr Hay. Yes. Witness. I joined Mr Tyler and Mr Smith at Beaver in Pennsylvania. Q Was there any agreement between you; or what was your reason for joining them? A My first reason was, my meeting with a William Davis from the back part of the state of New York. He told me that he was going down with a party to see the country; I wished too to see the country, but Mr Davis told me he could not engage me, but he would go to Beaver and mention me to Mr Tyler. When Davis got to Meadville, he met with Major Smith, to whom he communicated my wishes, and informed him that I was at Waterford. Major Smith called on me at Waterford, presented me with Mr Davis's compliments, and informed me that Mr Davis and himself would be pleased to see me at Beaver. There I met with Mr Tyler; he told me, that he had an idea of going up the Red River to settle land. Q Did he mention Colonel Burr's name? A He did not mention his name while we were at Beaver. Q And why did you go? A I felt much disposed to see the country. Q Was there no particular contract made with you? A Not at that time. Mr Wirt. Was there any agency given you to engage men or provisions? I was sent back to Waterford to hurry on salt for salting provisions that were expected at Beaver. I was also to engage what men I could; they were to find themselves in clothes and blankets. Q Did you engage any men? A Yes, several; about 15 from Meadville. Q What terms did you hold out to those men? A That they were to ascend the Red River. Q Were no lands promised them? no compensation? A None. Q What instructions did you give them, or were they to go to Tyler? A They were to go to Colonel Tyler at the mouth of Beaver for such instructions as he thought proper. Q Did you receive any instructions as to the kind of men you were to engage? A None. Q As
to young or old? A I would not of course engage old men. Q Any with families? A Some with families did go; I was allowed to take any I thought proper. Q Did you go to Blennerhasset's island? A I did. Q Was it known at Beaver, that the Marietta boats were to be of the party? A It was not. I knew that Blennerhasset was to join; but I believe the boat I was in, would not have stopped at the island, had it not been grounded. Q Did Blennerhasset go with you from the island? A He did. Q Was there any difficulty about his going with you? was any vote taken? A Major Tyler and Smith asked us, if we were willing that he should go with us; and we said, we had no objection. It was mentioned among us, that he was under some apprehension of a mob arresting him. Q Was there any rumor or alarm among you about the militia of Kenawha or Wood county? A We had heard that there was a mob coming, and we were determined to resist them. But we should not have resisted the militia with legal authority. Q What do you mean by legal authority? do you mean that if they had a warrant from the civil authority, you would not have resisted? A Such was our meaning; but we would have resisted a mob. Q What do you mean by a mob? A If the mob had come, we should have asked for the authority, under which they acted; and if they had none, they should have gone away without gaining their intentions. Q Was there any preparation made for resistance? A Not that I know of. Q Any bullets run? A There were; but they were to kill game and shoot at marks; which we frequently did on the river. Q Where were you joined by other boats? A By two of Mr Floyd's at the Falls of the Ohio. Q Did you see any arms? A There were about 35 or 50 muskets or stands of arms, which I saw when we got to the Mississippi. Q Any arms of any other description; such as rifles? A There were three or four rifles. Q What particularly happened on going down the river? A At Shawanee town there was an address drawn up to the Ouachita or Western Land Speculation Company, tendering our services in any legal and honorable enterprise. This was signed by all of Tyler's party. Q Who formed that company? A There were no names mentioned in the address; but I considered Col. Burr as one though his name was not mentioned. Q Who drew up the address? A Major Tyler and Smith. Q Are the phrases "legal and honorable enterprise" repeated from memory? A They are. Q Was it presented by Tyler and Smith? A It was. Q How many signers were to it? A About 30 or 32. Q Had you any assurance that the plan would be disclosed to you at the mouth of Cumberland? A None, from those who had a right to be informed. Such however, was the talk among the men, as we went down. Q When you were at the mouth of Cumberland, were you introduced to Colonel Burr? A I was, on the 27th December. We arrived there on the 26th. Q What took place on this introduction? A Nothing particular. Q At this introduction did the party form any thing like the 3 sides of a square? A They did. Q Was he introduced along the line? A He was; to the men, one by one. Q After this ceremony was there any speech from Col. Burr? A I was not near enough to hear what he said; but I understood that he said he would impart something at another time. Q Did you receive any instructions to run bullets and make cartridges? A One day, while we were in the Mississippi Col. Burr came into our boat and asked whether there was any one there that could make cartridges; I told him that I never had made any, but I believed I could make them, and I made 3 or 4 dozen. Q Did Col. Burr act as the head of the party? A I considered him as such. Q Did you understand that the real object was to settle Ouachita lands? A It was so stated. Q Was there no occurrence or particular conversation which induced to believe there was a different object? A Mr Bots. Was there any conversation in the presence of Col. Burr? It was not a general conversation, Mr Hay. Is it a fact or is it not a fact, that many of the men did suppose there was a different object? A I do not recollect, nor did I attend to them; because I did not suppose they knew more about it than myself. Q Do you know any thing about the seizing of Baton Rouge? I never heard it before we got below Bayou Pierre, and then there were some conversations among the men about it. But I did not hear it suggested by any person, that there was any design of invading any part of the U. States; nor did I ever hear anything from Col. Burr or any of the leaders about invading Mexico. The counsel for the accused said that it was unnecessary to make any statement on that subject. Mr Hay. The present enquiry relates as well to the misdemeanour as to the treason. Mr Martin. We have never heard of such a charge before. Mr Hay observed that he had also reduced this charge to writing, and had notified its existence to one of the opposite counsel, though it had never been publicly read in court. The clerk then read the paper in the following terms: "The Attorney of the U. S. for the Virginia district, charges Aaron Burr, Her- man Blennerhasset and Israel Smith, with a misdemeanor against the U. S. in be- ginning or setting on foot, or preparing or providing the means of a military expe- dition or enterprise, against Mexico, a province in North America, of the King of Spain, with whom the United States are at peace." Mr Hay. It is immaterial besides, whether this charge has been preferred; because though the charge actually alleged is treason, yet if the other crime should oc- cur during the investigation of the evidence, it is the province of the court to enquire into it. Chief Justice. It would certainly be un- necessary to re-examine the same wit- nesses, a second time. Mr Wirt. Did you then hear nothing of the Mexican invasion? A I did not from any leading characters. Mr Hay. Who did you consider as the leading characters? A Col. Burr, Tyler, Smith, Blennerhasset and Floyd. Q Had you not been informed of the plan by the President's Proclamation? A That did not reach us before we got to Bayou Pierre. Q Were you at Thompson's Bayou? A I was. Q Do you know any thing of the ground that was cleared for exercising the men? A I as- sisted in clearing it. Mr Burr. The wit-
ness does not perhaps attend to the question: Was this ground cleared for exercising the men? A There was a talk that it was for that purpose; but I do not know, whether it was for that. Mr Wirt. Do you say that the men never exercised there? A Never to my knowledge. Q Do you know any thing of the guard? A Yes. Sometime in the afternoon, a young man came up the river in a canoe and said there were 400 militia without any authority, coming to destroy the boats that night. This was told to Col. Burr, and we determined to get out of their way, if possible. Major Floyd concluded to put out centinels, to give us information of their approach. The signal was to be the firing of a gun. Mr Wirt. I understand this Bayou is below Bayou Pierre? A It is. Q I understood you also that you did not receive the President's Proclamation before you arrived at Bayou Pierre? A I said that you had not reached us before we got to Bayou Pierre; but I am not certain whether it was there that we received it. Chief Justice. Had you received the Proclamation, before the guard was put out? A I do not recollect. Mr Burr. Was it not afterwards? A I do not recollect, I heard that it was contained in some newspaper, perhaps in your boat. Mr Wirt. Do you know any thing of the search? A I do; I was in our boat at that time. When Col. Fitzpatrick came, Col. Tyler lifted the curtain and he was introduced. We did not once change our posture. Q How many arms did he find there? A There were a couple of rifles, belonging to a Mr Lamb, and some pistols. Q Did you hear of the searching of other boats? A I did not trouble myself about them. Q Did you hear of the sinking of arms? A I did not. Cross-Examined:—Mr Burr. How many guns had you at Beaver? A Five rifles. Q Did you see any more guns at any other time? A I did not. Q Among the four boats that went from the Island, how many? A Not more than five, that I saw. Q Did you stop accidentally at the Island? A I supposed so; but I afterwards understood, that Col. Tyler and Mr Blennerhasset were connected. Q How much powder had you with you? A About 25 pounds. Q Did you not borrow from one another? A We did. Q Was the powder scarce among you at last? A It was. Q Was there any game killed at the time we were at the Island? Q Was there any disturbance on the Island? A None. Q Had you any reason to believe that any of that party would have assisted in any unlawful design? A None. Q Did you see a printed report by Mr Fitzpatrick? A No. Q Did you understand that the country was much alarmed there? A They were. Q And that the party was to be mobbed? A Yes. Q That they were coming on board at night, with tomahawks and knives? A I do not recollect. Q Would not the militia have suffered extremely, if I had not fed them? A I know that you sent over provisions to them? Q How many of them were there? A About 70. Q Did you not understand, that I had made a treaty with Cowles Mead for the preservation of my people? A I did not know it. Q Who sent us word that we must move down to the mouth of Cole's Creek? A Major Fleechearty. The answer from Major Floyd was that we must get more militia. Mr Burr. This was a piece of impertinence in Fleechearty, for it was after the stipulations entered into between Mr Mead and myself. I was at that time, 50 miles off, at Washington, (or where I went to stand a trial. Mr Blennerhasset. Did you hear of any report about arresting me, on the night I left my Island? A I did hear something about it; but I believe it was not before the next morning. Q By whom? the militia? A No. Mr Hay. Did you not hear of an arrest by Gen. Tupper? A I did not; but the morning after I left the Island, Mr Blennerhasset himself mentioned, that he understood there was a writ or warrant to do it; and asked us if we were willing to take him along after that was out. Mr Wirt. Was Major Fleechearty a militia officer? A He seemed so from his dress. Mr Burr. Was there not a good deal of talk about a Spanish war? A Yes. I saw a good deal about it myself, in the newspapers.
FROM THE (GEORGIA) MONITOR.
"In proportion as the structure of a government gives force to public opinion, it should be enlightened." These words are to be found in the valedictory address of the father of our country, and comprise in them, the most important principle connected with the object of our government. In no situation, since the retreat of the venerable Cincinnatus to the enjoyment of a private life, after having devoted twenty years and more, to the service of his country, have the people of these states been placed, when it became more essential for their prosperity as a nation, to make a practical use and application of this maxim, than the present. We find the citizens much divided in opinion as to the conduct of Col. Burr and General Wilkinson. While many exercise emotions of gratitude to the commander in chief for his prompt exertion to resist the purpose of treason, others denounce him as an enemy to his country, and in the same moment sing hallelujahs in commendation of their favorite, and by their conduct palpably declare themselves the advocates of Burr; yes, further, by the interest which they manifest, they demonstrate their readiness, were it not for their pusillanimity and cowardice, to repair to his standards. But my fellow citizens those of you, who are actuated neither by mistaken attachment to Wilkinson, nor by an unprincipled love for Burr, but governed by the noble love of your country, and respect for its civil institutions, let us try the matter in all the sobriety of reason—let us marshal facts as they are before our understandings—let us confer with the principles of truth—let us decide measures, instead of our partialities and prejudices for or against this or that man; and we shall then be able to determine correctly, the purposes, the plans, the fears and perturbations which have agitated our peace and ruffled our tranquility; The great and important enquiry most
necessary to be made, in order to test the purity of Wilkinson and the baseness of Burr, is simply; are the characteristics of Burr's public career, his political principles, his connection with the people of the U. States, and his late conduct sufficient to support a belief, even a possibility of his conceiving treasonable operations? If this be answered in the affirmative, then, is Wilkinson acquitted of all imputation—then, instead of meriting the insinuations thrown out against him, even on the congressional floor, he deserves the thanks not only of those who would have immediately experienced the horrors and awful catastrophes of civil insurrection, but also of every honest citizen in the Union. Now for the enquiry. Burr has for many years fingered at the bar, in one of the most populous and influential cities on the continent, rivalling Alexander Hamilton, the acknowledged Cicero of America. His reputation as a soldier, during the revolutionary war, united with the reputation of his gigantic genius and literary laurels, early induced him to aspire to stations of political preferment. Assisted by his address, and superior management, he soon travelled from the first rank in his profession to the dignified station of a Senator in Congress. In this character he was accustomed to consider himself second to none. His talents became conspicuous throughout the union and gave him influence in the councils of the nation. Having procured this proud ascendancy from the people, and his expectations of future exaltation and celebrity being built upon their opinions of his public and private merit, he early learned the necessity of cultivating talents to please the multitude and flatter his fellow-citizens in a compliance with his wishes. Great in management and policy, skilful and wary in device, assiduous to a point—success was the fruit of all his purposes, all his plans, and all his endeavors. The bold and intrepid manner which characterised his animated professions in favor of republican principles, and his antipathy to the administration of Mr. Adams, placed him along side of Mr. Jefferson, in the great competition which then conflicted the people of the union. The struggle issued in presenting Mr. Burr and Mr. Jefferson to Congress, with an equal number of votes. Here he displayed the features of a dangerous and unprincipled ambition. Though sensible to conviction, that he had not received a single vote as President, yet his aspiring vanity and passion, opened to the world his willingness to collude with the federal party, not only to depose the first object of the republican party, but to baffle the exertions, and disappoint the fondest wishes of those who had elevated him to the second office in the government. His conduct on that occasion is well known; and the sentence passed upon his political integrity, by the public, has not yet escaped recollection. Unaccustomed to disappointment, he immediately concerted a measure to reinstate himself in the public favor, by holding himself up to the choice of the people as the governor of New-York. This engine, proved abortive and convinced Mr. Burr, that by his corruption and political depravity, he had drawn between him and the people a line of eternal separation. Inspired by the insatiable spirit of his ambition, and forced to obey the proud passion of his soul, he soon resorted to the expedition of signaling himself, in despite of public favor, even at the expense of the happiness of his country. The people from whom he anticipated the means and measures of his celebrity and fame, having withdrawn their affection, and debased him to his original level of a simple citizen, his pride became indignant and his revenge prompted impulses hostile to the government and engendered malevolence and acrimony against every American citizen; not excepting those vile instruments and agents who have figured in the scene of treason. When Washington had engaged the love and esteem of his countrymen, his greatest ambition was to enjoy the sweets of a rural and domestic life. He retired to Mount Vernon, and reposed under his own fig tree. There was no treason here. When Mr. Adams learned that the people had no further use for his services, he retired without a murmur to Braintree, where he enjoys otium cum dignitate , in the midst of a few friends. Here is no treason, nor room for the suspicion of it. Alexander Hamilton, much suspected of cherishing principles hostile to the constitution, retired from a high and responsible office to the pursuits of his profession; he loved his country and was guilty of no treasonable operations, against its peace and harmony. What was the conduct of Aaron Burr, when his political career was finished? Was it that of a man, resigning his public pretensions to the public will? No; but the contrary. The first venting of his spleen, and virulent passions was directed against his former competitor, whose moderation and correctness had exalted him in the esteem and affection of his countrymen. He pursued his purpose with the determination of desperation. His aim was fatal and Hamilton fell. Abandoned by all hope of regaining his late flattering condition in the bosom of his country, Burr became a wanderer through the western states, and a rover on the Mississippi. Does candor demand any stronger evidence of his contemplating purposes, than was afforded, in his own deportment? The mystery attendant on every motion soon roused the jealousy and suspicion of the western people. Did he allay the anxiety of his countrymen? Did he embrace public occasions to demonstrate that the alarms accompanying him were unfounded? Did he explain to those whose patriotism was unquestionable the motives of his movements? If his purposes were innocent, and his projects laudable; in short if he had been a good citizen intending no evil, would he not have hastened to relieve his fellow citizens of their apprehensions, and develop the air of mystery which surrounded all his actions. I challenge the warmest friend of Burr to reconcile even these small circumstances with the principles of an honest citizen; and boldly aver the guilt of these unexplained transactions sufficient to stamp him a traitor. Had Wilkinson no other evidence of trea-
son, I contend there was enough in the scenes that were passing on the Ohio and the Mississippi, when conducted by Aaron Burr, to authorise appropriation for defence. And had Wilkinson with these facts staring him in the face unaccounted for, and unexplained, neglected he most energetic & vigilant measures, he most unquestionably would have forfeited and deservedly, the confidence of his country.
But Burr's guilt, was not only probable as proved by the preparation of boats, the collection of stores, and the assemblage of an unusual number of suspicious characters, in motion on the Ohio and its waters; all under the eye of a man who had been distinguished by the favor of his country; and who on account of his disappointments had exchanged the seat of government for the wild deserts of Kentucky. The conjectures naturally excited by these inexplicable arrangements were strongly corroborated by the communications made to the commander by Burr; through the medium of his minions.
Will the fact be denied, that Burr had made an attempt to corrupt the chief of the American army? Who introduced Swartwout to Wilkinson? Aaron Burr. What was the consequence of that introduction? Propositions by Swartwout to colleague the American army with the traitor. What are we forced to believe from the conduct of Bollman? That he was a confidential messenger from Aaron Burr. Are these circumstances equivocal? Or do they in spite of all the sophistry of even Burr himself pronounce the traitor guilty of treason.
Reason and common sense answer in the affirmative. Treason was stalking among the citizens; treason was conferring with officers of the army; and temporising with the sanctuaries of justice. Was this a time for hesitation? Was this a time for deliberation? To day the city is free, to morrow it may be tributary to the insatiable avarice of rebels and insurgents. Under such circumstances, at a crisis so portentous, to have delayed, would have been treason itself. To his immortal honor be it told, Wilkinson struck the blow which appalled the enemy, and saved his country. JUVENIS.
NORFOLK, September 26.
To the Editor of the Norfolk and Portsmouth Herald.
SIR, I perceive in your paper of to day, a communication stating, that "a meeting had taken place between Dr. STARK, and Captain GORDON, in consequence of a dispute on the subject of Commodore Barron's conduct, several shots were exchanged without effect. The affair terminated in the Doctor's receiving a wound through the arm from Lieut. Crane, the friend of Captain Gordon."
It is obvious that the intention of the author of that piece, was to injure my reputation, and that too in a mean and dastardly way: for although what he states is the truth, he has not stated the cause of my firing.—It is as follows:
There was a particular stipulation between the parties, which was communicated to the Gentlemen when they took their ground, that if either of them fired, before they should receive the word, the friend of the Gentleman fired on, should immediately shoot him. Doctor Stark fired before the word, and I did my duty.
Writing, Sir, is not my profession. I have no wish to be engaged in newspaper contentions. Should any thing further be published on this subject, I hope the authors will add their names.
As the communication was made through your paper, I expect, and have no doubt, you will have the justice to give this a place.
I am, Sir, Your obedient servant, W. M. CRANE. U. S. Frigate Chesapeake, 24th Sept. 1807.
September 28.
Arrived—Ship Georgian, Chamberlain, 59 days from Amsterdam, Gin & Dry Goods, Moses Myers.
September 30.
Arrived—Brig Josephine, Shelton, 34 days from Liverpool, Salt and Coal, Thomas Will'ck.
In Hampton Roads bound to Baltimore, brig Lion, Harris, 16 days from Curra-coa.
Thirty Dollars Reward.
RUN away from the subscriber, living in Buckingham county, on the 27th July last, JAMES SCOTT, yellow complexion, 33 years of age, about 6 feet high, slender made, some what pitted with the small pox, his fore-teeth much wider apart than common, has a very flat nose, speaks very mild when spoken to, his forehead appears to hang over rather more than common, and his chin inclines to turn up which occasions a sink or hollow in his face from his eyes to his mouth; he is a very good waterman, and dance-remarkably well, his upper lip turns up very much, and is rather bow legged, formerly belonged to Mrs Betty Ellis of Hanover county, near the Meadow Bridges, where I am informed he has been lurking—should he leave that neighborhood I expect he will aim for Norfolk, Williamsburg, York, Fredericksburg, or Alexandria. I have understood that he has altered his name to Billey Berry and aims to get a free pass and pass as a freeman, and go out of the state and work as a ship carpenter. I will give the above reward to any person who will apprehend the said fellow and deliver him to me near Duiguidsville, Bent Creek, or twenty dollars to secure him in any jail in the state of Virginia, and give me information so that I get him again. I forewarn all masters of vessels & others from carrying him out of the state, as I am determined to put the law in force against them. JAMES PHELPS.
Anthony Pelzer,
Teacher of the French Language at Doctor Haller's Academy: RESPECTFULLY informs his friends and the public in general, that his EVENING SCHOOL is actually open for the reception of pupils, on the street adjacent to Col. Maye's Bridge, in the upper part of the house adjoining the Rising Sun Tavern and occupied by Mr. John Darius.—For terms apply at the school room from 5 till 9 o'clock, and at Doct. Haller's Academy. October 2, 1807.

CIRCUIT COURT.
LATEST PROCEEDINGS ON THE MOTION FOR COMMITMENT.
WEDNESDAY, September 30.
The gentleman employed as counsel for the United States, being this day obliged to attend to some important business in the Court of Chancery, the Federal Court adjourned until Thursday, without doing any business.
THURSDAY, October 1.
The greater part of this day was consumed in the farther examination of General James Wilkinson by the Counsel of Col. Burr, who was himself sick, and did not appear in court.
George Poindexter, Esq. Attorney General of the Mississippi Territory, was next introduced, and stated a variety of circumstances concerning the surrender of Aaron Burr to Cortes Meade, the acting Governor of that Territory; the proceedings there relative to the accusations against him; the strange presentments made by the Grand Jury; and Col. Burr's flight, in violation of his recognizance; whereupon a Scire-facias issued against his securities, which is now depending and undetermined.
Mr Poindexter produced the original Convention in writing entered into by Col. Burr, previous to his surrender; also an authenticated copy of the recognizance.
The Court adjourned till Friday 10 o'clock.
FRIDAY, October 2.
This day the cross-examination of Gen. Wilkinson was at last finished. He was followed by Commodore Shaw, who was introduced to show the state of affairs at New-Orleans, in December, January and February last, and the alarming reports in circulation there; for the purpose of demonstrating the propriety & necessity of the measures adopted by Gen. Wilkinson at that place.
Mr Poindexter was again called, and cross-examined by Col. Burr, who was himself in court.
Mr Littleton W. Tazewell (one of the grand jury) was sworn at the instance of Col. Burr and his counsel, and gave evidence as to the testimony delivered by Gen. Wilkinson before the grand jury. His evidence clearly proved the perfect consistency of Gen. Wilkinson in his statements in the grand jury room and before the court.
The court adjourned until Saturday ten o'clock.
Documents referred to in General Wilkinson's Evidence, published in the last Argus.
(A)
Deposition of Col. Cushing.
On or about the 8th of October, 1806, I was sitting at the dining table in my quarters at Natchitoches with General Wilkinson, when a gentleman entered the room and enquired for Col. Cushing, I rose to receive him, and he presented to me the letter from General Dayton, of which the following is an exact copy, viz:—
"Elizabeth Town, N. J. July 27th, 1806.
"DEAR SIR, "This will be presented to you by my nephew a son of the late General Matthias Ogden, who commanded one of the Jersey Regiments in the Revolutionary War, and whom you probably recollect. He is on his way to New Orleans, and is advised by me to call at your post, if it should be Fort Adams or else where upon the Mississippi, as I am told it is. His merits and the esteem in which he is held by me, make me anxious to procure for him a welcome reception, even for the short stay of a few hours, that he will be able to make with you.
"Any instance of friendly attention or assistance shown to him, and his very worthy companion Mr. Swartwout, will be gratefully acknowledged, and regarded as a favor conferred on" Dear Sir,
Your sincere friend (Signed) JONATHAN DAYTON. Colonel Cushing.
The gentleman informed me that he was the Mr. Swartwout mentioned in the letter, and I presented him to General Wilkinson, as the friend of General Dayton and requested him to take a seat with us at table, which he did. Mr. Swartwout then observed, that Mr. Ogden and himself being on their way to New Orleans, had learned at Fort Adams, that our troops and some militia were assembling at Natchitoches, from whence they were to march against the Spanish army there. Our neighborhood, and that the object of his visit was to act with us as a volunteer. He remained with us some time; but said nothing which could excite a suspicion against him; and he left us with a strong impression on my mind, that his business to New Orleans was of a commercial nature, and could be conducted by Mr. Ogden during his absence. While he was in my quarters, I was called out on business, and was absent from five to ten minutes.
The next morning I was walking on the gallery in front of my quarters, when General Wilkinson came up, and taking me aside, informed me that he had something of a very serious nature to communicate to me. So much so, that although it was necessary to hold it in strict reserve for the present, he begged me to bear it in mind, that I might be able to make a fair statement of it at any future period. He then asked me if I knew, or had heard of, an enterprise being on foot in the western states. I replied that I had heard nothing on the subject, and asked him what the enterprise was to which he alluded. He then said "yes my friend" a great number of individuals possessing wealth, popularity and talents, are at this moment associated for purposes inimical to the government of the United States, Colonel Burr is at their head, and the young gentleman
who delivered you the letter last evening, is one of his emissaries. The story of serving as a volunteer, is only a masquerade. He has brought me a letter from Colonel Burr, which being in cypher, I have not yet been able fully to make out, but I have discovered that his object is treasonable, and that it is my duty to oppose him by every means in my power. He assures me that he has funds—says the navy are with him—offers to make me second in command, and to give the officers of the army any thing I may ask for them: and he requests me to send a confidential friend to confer with him at Nashville in Tennessee. In fact he seems to calculate on me and the army as ready to join him—I then asked the General whether he had received any information or instruction on this subject from government, to which he replied that he had not, and that he must therefore adopt such measures as in his judgment were best calculated to defend the country. He said he would immediately march to the Sabine and endeavor to make such terms with the Spanish Commander, as would justify him in removing the greater part of his force to the Mississippi, and that the moment this should be effected, he would send me to N. Orleans in a light barge, with orders to secure the French train of artillery at that post, and to put the place in the best possible situation for defence, and that he would follow with every man that could be spared from Natchitoches with all possible expedition. He told me that he would give the information he had received to the President of the United States and solicit particular instructions for his government, but as delay might prove ruinous, he would pursue the course before suggested, as the only means in his power to save the country, until the pleasure of the President could be known. On our march to the Sabine, the General told me that he thought his presence at New Orleans at as early a period as possible, was absolutely necessary, and that the moment he could make terms with the Spanish Commander, he would set out for that place and leave me to bring on the troops.
Natchitoches, 15th November, 1806. (Signed) T. H. CUSHING, Col 2d Reg't Inf'y and Adj't. and Inspector of the Army
Sworn to before me at the city of New Orleans, this 20th day of May, 1807.
(Signed) GEORGE POLLOCK, Justice of the peace of the Parish of Orleans.
(B) Philadelphia, 25th July, 1806.
DEAR SIR, Mr. Swartwout the brother of Col. S. of New York, being on his way down the Mississippi, and presuming that he may pass you at some post on the river, has requested of me a letter of introduction, which I gave with pleasure, as he is a most amiable young man, and highly respectable from his character and connections. I pray you to afford him any friendly offers which his situation may require, and beg you to pardon the trouble which this may give you.
With entire respect, Your friend and obedient servant, A. BULT. His Excellency, General Wilkinson. Mr. Swartwout.
(C) Copy of a letter from General Dayton to General Wilkinson, written in cypher except those parts printed in Italics. This cypher was designed by General Dayton, and founded on the Hieroglyphics known to General Wilkinson and Col. Burr.
July 24th, 1806.
X A ! ) - O - I + - " V O - O - I A "
It is now well ascertained that you are to be displaced in next session. Jefferson will affect to yield reluctantly to the public sentiment but yield he will; prepare yourself therefore for it: you know the rest.
You are not a man to despair or even despond especially when such prospects offer in another quarter. Are you ready? Are your numerous associates ready? Wealth and Glory, Louisiana and Mexico—I shall have time to receive a letter from you before I set out for Ohio.—O H I O. address one to me here and another to me in Cincinnati. receive and treat my nephew affectionately as you would receive your friend.
DAYTON.
(D)
SIR, I have concluded to undertake the land purchase which we talked of last winter and determined to go on the lands this fall—any number of settlers could be had on this side the mountains, but I should prefer to have the greater part from the Western Country—you promised to write about the horses; but have heard nothing from you and suppose there will be no difficulty on that head—The money for the first payment is now ready—I shall be at Fort Franklin about the 15th August and hope then to meet you and Col. Lynch there—It is quite necessary that I should see Lynch as I shall be provided with Cash to go on vigorously with our speculation—Some of the Concerned are now on their way to see you and will be with you nearly as soon as this letter—Please to encourage them and give them a good account of things.
Your humble servant (Signed) A. STEPHENS. John Peters, Esq. Nashville.
Letter from Doctor Bollman to Gen. Wilkinson, of the 27th September, 1806. New Orleans, September 27th, 1806.
SIR, I have the honor to forward to your Excellency, the enclosed letters, which I was charged to deliver to you by our mutual friend.
I shall remain for some time at this place, and should be glad to learn where and when I may have the pleasure of an interview with you. Have the goodness to inform me of it, and please to direct your letter to me to the care of Messrs. Chew
and Relf, or enclose under cover to them. I have the honor to be with great respect, sir, Your Excellency's most obedient servant. (Signed) ERICK BOLLMAN. Gen. Wilkinson.
(E) July 16th, 1807.
My Dear Friend, As you are said to have removed your Head-Quarters down the River, and there is a report that the Spaniards intercept our mails which pass necessarily through the territory occupied by them, in order to reach you; I think proper to address you in cypher, that the contents may be concealed from the Dons, if they make so free as to open the letter.—Take the following for the Catch word or Check word (and you may very readily decipher the figures) Viz. in your own Hieroglyphic [Hieroglyphics] V O - O - I A
Every thing and even heaven itself appears to have conspired to prepare the Train for a grand explosion; are you also ready? For I know you flinch not when a great object is in view.—Your present is more favorable than your late position, and as you can retain it without suspicion or alarm you ought by no means to retire from it until your friends join you in December some where on the river Mississippi.—Under the auspices of Burr and Wilkinson, I shall be happy to engage and when the time arrives you will find me near you.
Write and inform me by first mail what may be expected from you and your associates.—In an enterprise of such moment, considerations even stronger than those of affection impel me to desire your cordial co-operation and active support.
DAYTON. Wealth & honor } Burr & Wilkinson. Courage & union. }
Let me hear from you by mail, as well as by the first good private conveyance, and believe me, with the best wishes for your prosperity and happiness most truly, Your friend and servant, JONA: DAYTON.
If you write in Cypher, [Hieroglyphics] use the same word, viz V O - O - I A
(F) Extract of a letter from James L. Donaldson, Esq. to General James Wilkinson, Dated, Natchez, October 30th, 1806.
"Michael Myers arrived here to day in 13 days from St. Louis on his way to New Orleans—He made a communication to me with permission to transmit to you, which might stagger even credulity—Of his information he says he is certain and most firmly believes in the intelligence he communicates—This is neither more nor less than that a plan to revolutionize the Western Country has been formed, matured & is ready to explode, that Kentucky, Ohio, Tennessee, Orleans and Indiana are combined to declare themselves Independent on the 15th November. That proposals have been made to some of the most influential characters at St. Louis, by an accredited agent of the conspiracy to join in the plan—That this person whose name Myers refuses to reveal, is in a most respectable line of life, and had the most unquestionable vouchers of his mission in French and English—That he declared if Money was necessary that it might be commanded to any extent"—It is proper to add that the persons thus applied to at St. Louis, altogether refused to concur in any plan of the kind, saying that it should be only superior force that should dispense with their oath of fidelity to the United States.—This may all appear to a person as well acquainted as you are with the politics of the Western Country, as a second Spanish Conspiracy, and as such be ridiculed, and such is my impression of the wonderful plan. But Myers so firmly believed it that having set forth on his journey by land to the United States.—He was induced by his fears hastily to return to arrange his business at all events and prepare for an explosion—He most solemnly protests the truth of the communication, and declares there are only four persons in St. Louis who are privy to the disclosure made by the secret agent—It is not improbable that this may be a "Ruse de guerre" a stratagem set on foot by the partisans of the Western World, to foster and keep alive the disention, which excited by the pretended exposition of ancient conspiracies may be fanned into a flame by spreading an alarm of an immediately and pressing treasonable combination.—This I am apt to believe is the case, and in order more fully to succeed they may study and affect mystery, as better calculated to excite suspicion, and that they may have the honor of a new discovery.—However, be the matter as it may, I communicate it to you, as I received it, and have only to regret, that you had it not in person from Myers' information, of which whatever your judgment might pronounce, the solemnity of his assertion and his certainty of the plan (albeit he was not at liberty to divulge the means) must have staggered the mind capable of believing it."
THE DOG TO HIS LOATHING.
The Washington Federalist says, and the Political Register copies it, that Mr. Jefferson is determined on war, and that it will be a war undertaken to "cover French property, and harbor British deserters."
That paragraph could never have been written by an American, we suppose it to be the production of the British ambassador, or some dependent agent. Look to the British papers which have come over since the affair of the Chesapeake, and let the Washington Federalist tell the public the opinions of the British merchants, whose property is most covered, French or British, those papers acknowledge that nine parts in ten of the covered trade is actually British property or the proceeds of British manufactures, and that even the whole profit of that trade, centred at last in Great Britain—yet the Washington Federalist does not blush to declare that our present dispute is only to cover French property, and harbor British deserters—there is no length of impudence to which the malice of toryism will not drive and commit itself.
For what were the petitioners of all the merchants two sessions past?
For what all the addresses and resolutions of the whole American people, since the murders on the Chesapeake?
For what all the unanimity of almost every description of the population of our mercantile towns?
The Washington Federalist, tells us Americans—that your only aim is to cover French property and to harbor "British deserters"—by such an assertion it throws the gauntlet of insult to all our citizens. And for what could such a paragraph have been published—we know of but one reason—the British ambassadors are in the habit of sending out this Washington Federalist and similar prints, to the ministers and their printers in Great Britain, to corroborate their own deceptions reports—and such extracts are then reprinted there, by the government papers as the sentiments of the American nation—when the greatest proportion of such like sentiments in all our tory papers, are written for that very purpose by British ambassadors, consuls or agents.
The cause in dispute, has been brought to the magnitude it now is, by the writings of the friends of Great Britain, and melancholy it is for that devoted nation, that her friends, have on y served to plunge her, by their deception, deeper in the mire, & in the road to destruction—exactly as the friendship of that nation has been death & desolation to every government who formed a near alliance with her.
The sentiments of the Washington Federalist ought to be recorded in the bosom of every American—and it certainly will be so—then the Indian is stirred up to attempt massacre and scalping on our frontiers, by the British government—when the ships of that nation are committing further murders on our seamen, and blockading our sea ports when they embargo our vessels, and commit actual open war—till the Washington Federalist then dare tell the enraged American nation, that all the wrongs of Britain are occasioned by our wishing to cover French property, and harbor British deserters—are those the sentiments also of Major Jackson, who gave circulation to that pitiful assertion?
If there is one circumstance which, more than another, is worth going to war for, it is this, that all communication with that deceitful nation might at once be stopped—and that in open warfare, we might be able to discriminate the real American citizen from the secret assassin, the British agent and tory adherent of George III.
Aurora.
Charleston (S.C.) Sept. 18.
DEAD, on Tuesday last, after a short but painful illness, Mr. ARGYLE WILLIAMSON, gunsmith; a native of Richmond, Virginia.
COMMUNICATION.
Departed this life in the 50th year of his age, on Friday the 25th inst. about 10 o'clock, after an illness of six days, the Rev. JAMES COULING.—He has resided in this city for about nine years, five of which he has been tutor to the only charity school in this place: in discharge of the duties of this benevolent appointment, he has given constant and entire satisfaction to the Board of Directors.
The correctness of his judgment, the liberality of his sentiments, the mildness of his temper, his plain, gentle and unassuming manners in his family, his neighborhood, the society of christians to which he more particularly belonged, and in the Pulpit—rendered him an object of the love & esteem of all who knew him. Long has society to bemoan the loss of this honorable, useful and bright example of the christian name!
List of Letters
Remaining in the Post-Office, Richmond, 1st October, 1807.
(A) Thomas Armstead, Thomas Acree, John Ambler, Miss Ann S. Austin, Robert Ashley, Littleberry Allen.
(B) Wm. Bryan, James Bray, Richard Bennett, Wm. Burton, Charles Bennett, A. Baird, Jessy Bennett, David Bowles, John Brack, Jacob Burnett, Calip Bradley, Miss Deborah Bowles, Monsieur John Beaty, Mrs. Mary Bancroft, John D. Brown, Jacob Boncus, Wm. F. Behn, Frederick Bossler, Benedict Bacon, Wilson Bryant, Wm. B. Bowler, Wm. Baggs, Capt. Josiah Bingham.
(C) Mrs. Elizabeth D. Christian, John Coffee, Charles Croughton, Wm. B. Chamberlayne, Wm. Childrey, James Campbell, Adam Craig, Thomas Carr, George Charter, Wm. Crockett, David Cannon, Haley Cole, Capt. Wm. Chowning, Capt. Crutchfield, Capt. Jasper Cropsey, John Craddock, John Coward.
(D) Abner L. Duncan, James Dodd, Major Cole Digges, Charles Deval, Godfrey H. Davenish, Henry Dunnington.
(E) Mrs. Rachel Ellison, Matthew Ellis, Ashbel Eley, Executors of George Wythe.
(F) George Fry, James Frazer, Benjamin Freeman.
(G) Mrs. Mary Gosdin, George Gill, Parke Goodall, Bryan Griffin, Eliza M. Gordon, Cyrus Griffin, Archimedes Gaines.
(H) Erasmus Hill, Edmund Hewson, Miss E. Hoye, Sylvester Havey, John Baler, Richardson Henly, Andrew Hetherington, Leander Hughes, Pleasant Harwood, James Hurt, Henry Holloway, Peter Hohn, Peter Hughes, William Hale.
(I) Mrs. Eliza Johnston, Francis Johnston.
(K) James Kents, Henry Kons, Lewis Kerr, Mrs. Margaret Kent.
(L) Henry Lee, junior, Wilsher M. Lewis, Capt. John Leifort, Capt. John Lord, John Love, Spotswood Lipscomb, Henry B. Latrobe, Nicholas Long, John H. Lewis, A. Lowndes.
(M) Edward Magee, John Miller, Mrs. Mary Mosby, Benj. Mosby, Samuel Moody, Samuel McCraw, Mrs. Ann S. Mitchell, John McLin, Mrs. Margaret Miller, Charles Martin, Maurice Miller, Daniel Murphy, William Mann, Miss Mary McLin, Charles F. Mercer, Mrs. McCraw, Henry Marks, Julius Morris, Charles L. Mathews.
(N) Abraham Neets, Norborne Norton, Maj. Naur, Marius Newman.
(O) Francis O'Reily, Benjamin Oliver, Elhanan Owen.
(P) Patton Powell, Henry Phillips, Mrs. Price, Mrs. Ann Patterson, George Price, John M. Pintard, Wilson P. Price, Edward Probey, A. L. Phillips.
(R) John Ramsay, Thomas R. Rootes, Frederick G. Rodney, Geo. W. Robinson, John Royster, Mans'r. Rendon, William Rose, jr. Tully Robertson, Henry W. Rogers, Aaron B. Reeves, Jesse Redd, Timothy Ryan, Elizabeth Richardson, Capt. Rocke.
(S) John Steinman, John Stokely, Benjamin Shackett, Miss Mary Smith, Hamilton Shields, Thomas Stracy, Harn an B. Sneed, James Shepherd, Mrs. M. G. C. Shepherd, Bennett Scott, William Saunderson.
(T) Miss Mary Thornton, Thomas Thurmon, Miss Ann S. Timberlake, Henry Timberlake, Anthony Turner, Benjamin Thomas.
(V) Maclan Vanet, James Voshall. (W) Nathaniel Webb, Mr. Watson, George Williamson, George Willis, James Williamson, Robert Wilkins, Benjamin Woods, James Willeroy, Robert Wade, George Wilson, Wiley & Langley, Francis Woodlief, William White, Mrs. E. Welch, Harold L. Wilson, Stephen White, Susan Worsley, Job White, Warner Wormley, Joel Ward, James Willeroy, John Walker, Capt. White. (Y) Richard Young.
By the Governor of the Commonwealth of Virginia.
A PROCLAMATION.
WHEREAS it is duly certified to the Executive that the Courthouse of the county of Warwick is in so ruinous a situation as to be unfit for the accommodation of the court in the execution of its duties; and that until the said courthouse 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 county aforesaid and by them accepted: I have therefore 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 rebuilt, 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, according to law.
Given under my hand as Governor, with the Seal of the Commonwealth annexed, at Richmond, this 29th day of September, 1807. Signed. WM. H. CABELL.
Notice.
COMMITTED to the jail of Charlotte county on the 29th of July last, a Negro Man, who calls himself Frederick, and says he belongs to Fleming Cocke of Goochland, he is about 5 feet 10 inches high, has an old drab great coat and an iron collar about his neck with about 2 feet of chain to it; the owner is requested to prove his property, pay charges and take him away, or he will be dealt with as the law directs. Francis Scott, Jailer. 25th Sept 1807.
BY VIRTUE of a deed of trust executed to us by Ambrose Dudley of King William county, to secure a debt due by the said Ambrose Dudley to Benjamin Mosby assignee of William Danridge—We shall proceed to sell, for ready cash, for the best price that can be obtained, on the premises, on the fifth day of January next, A certain Tract or Parcel of Land, Lying and being in the county of King William, being the same on which the said Dudley now resides, & the same which the said Dudley purchased of William Danridge, containing 602 acres, or so much thereof as will be sufficient to pay the sum of four hundred pounds current money, with legal interest thereon from the 1st day of April, 1807, till payment, together with all expenses attending the execution thereof. BERN'S LIPSCOMB. NATH'L FOX. 3d Oct. 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 Vendue 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 Jewellery—Consisting of Ladies' Ornamented and Plain Combs, Mourning, Fancy and Plain Earrings, Rings, Mourning and Fancy Lockets, Minute Settings, Necklace Plain and Ornamented, Mourning and Fancy Breast Pins, Bracelets, Neck Chains, Gold, Gilt, Steel and Silk Watch Chains, Gold, Pebble Glass & Steel Seals, Gold & Gilt 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, Thimbles and Pencil Case—With a variety of other articles; all of which he offers at the most reduced prices. Richmond, October 2, 1807.
Land for Sale.
WELL worth the attention of any man—600 acres of LAND will positively be sold at Charlottesville, on Monday the second day of November next, at public auction—the payments are one third on the first day of March next: wheat or tobacco will be received for this payment at the Richmond cash price—the balance in three equal annual installments, the bond to bear interest from the date if not punctually paid. This land lies on navigable water, the North river two miles below Milton. It affords some rich low grounds, a tolerable good mill site on the river—the dwelling house is quite new, large and very convenient—The property will be shown any gentleman by the subscriber, living on the premises, C. Peyton. September, 20, 1807.
TO RENT
TWO LARGE BRICK STORES, Almost new, under one roof, and covered with Tiles.
SITUATE on the south side of the main street, and nearly opposite the Market House; one is a corner house. These houses are rendered fire proof (externally) by the addition of Iron Shutters in the direction that there is danger (from fire) to be apprehended. Possession may be had on application to WM. MITCHELL. Richmond September 20, 1807.
BLANK BONDS
For Sale at this Office.

TAKEN up the subscriber, living in Prince Ed- ward county, an estray small mare Colt, mixed with white, and from her appearance sup- posed to be a Friday Colt, two years old this spring, appraised to twelve dollars. April 6. Andrew Baker.
TAKEN up by Thomas Clarke, in Prince Ed- ward county, a white Barrow, about 2 years old, with a black spot on the side of his back and a dark colour about his eyes marked with a red hot iron in the right ear, and a crop and undercut in the left ear, appraised to five dollars. June 20. 18 7. W. S.
At Private Sale. NEGRO COTTONS White, Green, Brown and Blue Duffles 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. Cognac and Apple Brandy Hollands 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. 2m
A House and Lots FOR SALE The subscriber offers for sale three valuable LOTS OF GROUND in the city of Williams- burg: on which there is a large and commodi- ous dwelling house, (containing eight good rooms, and two large passages,) together with a good garden a stable, and all necessary out- houses for the use of a genteel family. Any person desirous of purchasing will please to apply to William Munford, Esq. of this city, who will make known the terms of sale, and is authorized to conclude the bargain. Possession will be delivered to the purchaser on the 10th day of January next. Anna Byrd. Richmond, September 12, 1807. tf
FOR SALE, THAT most beautiful and healthy situation, known by the name of HALLSBOROUGH, or HALL'S STORE, lying on the Bucking- ham road, seventeen 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- tern country. For terms apply to ZACH'H HALL. August 25th, 1807. tf
PRICES OF Nails, Brads & Sprigs, MANUFACTURED at the Penitentiary, and for sale by NICHOLAS HALLAM, agent for the Commonwealth, a few doors above the Swan Tavern, Rich- mond. CUT NAILS. Wholesale. Retail. 5d. 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. Wholesale. Retail. 8d. 9 1-2 10 1-2 10d. 9 10 12d. 9 10 20d. 9 10 WROUGHT NAILS. Wholesale. Retail. 6d. 12 13 1-2 8d. 11 1-2 12 10d. 11 12 12d. 11 12 20d. 11 12 30d. 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. tf
NOTICE. Messrs. Robert King, and Charles Crough- ton, and Robert King, James Thompson, and Thomas Ravenhill, John Edie, Conrad Lamb and William Davidson, Executors of James Short, dec.— TAXE NOTICE, that I shall proceed to take the following depositions, at the times and places hereafter mentioned, to be read as evidence in two suits now depending in the Chancery Court for the Richmond Dis- trict, in which I am plaintiff and you are the defendants: to wit: the deposition of John M. Rose and others, on the 19th day of October next, at the Dwelling House of Major David Paterson, of Buckingham county—on the 23rd day of October, 1807, I shall proceed to take the deposition of Mr. John Love and o- thers, between the hours of ten o'clock and sun- set of the same day, at the house of Thaddeus Morris at Fauquier courthouse—and on the 5th day of November, 1807, between the hours of ten in the morning and sun-set of the same, at the house of Mr. Simpson at the Turnpike gate near Alexandria, I shall take the deposition of Doctor Henry Rose and others. ROBERT H. ROSE. Sept. 17, 1807. 4w
Five Dollars Reward. STRAYED or Stolen from the subscri- ber on the 21st inst. two Mules, to wit: one black stud Mule, shed all round, with long a switch tail, no other mark recollec- ted. Also one mare Mule, of a bay color, with the end of her tail cut off, only shed before, I believe, rather poor. Whoever will deliver the said mules to the subscri- ber in the city of Richmond, or give such information so that I get them again shall receive the above reward. JOHN TINSLEY. Richmond, June 4th, 1807. tf
THE CELEBRATED ENGLISH HORSE, SIR HARRY. (THE Handsomest & one of the best Sons of Sir PETER TEAZLE, unquestionably the best Stallion in the world.)
WILL STAND , the ensuing season, at Col John Hoskins's, in King and Queen coun- ty,—about 40 miles from Richmond—7 from Dunkirk, and 12 from Tappahannock. Wm. Haxall. Petersburg, Sept. 22, 1807. 4w
SHAPARD & LUCKE, HAVE removed to the house lately occu- pied by Mr. John St. John, opposite Col. Mayo's new buildings, where they continue to keep their usual assortment. September 11. 1m
Liverpool Refin'd Sugar, A FEW HOGSHEADS OF Liverpool Refin'd Sugar, FOR SALE BY Tompkins & Murray. September 12. tf
MATTRESSES. CAN be had on very short notice, MAT- TRESSES of all sizes & kinds, agreeably to order, in the large corner white house, oppo- site the Old City Tavern, two squares below the Market Bridge—BEDS made & MATTRES- SES repaired.—Horses TAILS & MANES purchased. Ino. S. Pleasants Will be Sold. On October Cumberland Court day next, on a credit of one and two years.
A TRACT OF LAND, Containing about four hundred and fifty acres, lying on the branches of Willis's river in said county of Cumberland, which was conveyed in trust to secure a debt due by James, Thomas and Francis Deane to William Newbern. This land adjoins Col Benjamin Wilson and Lang- horne Walton, and formerly belonged to Edward Scruggs, from whom the said James Thomas and Francis Deane purchased. The purchaser will be bound to give bond with approved secur- ity, payable with interest from the day of sale. William Daniel, Jr. } Comm's. Wm. M. Thornton } Samuel Anderson } 20th Sept. 18 7. tds
TOMPKINS & MURRAY, ARE now receiving from on board the ship Herschel at City Point, a large and general assortment of Liverpool GOODS, Selected and assorted to accommodate country merchants. They are also in daily expectation of receiving by the ship Calpo, an assortment of London GOODS. The whole will make a ve- ry full and complete assortment of USEFUL GOODS, which they are determined to sell by wholesale on very liberal terms. They will open in a few days in the house at present occupied by Bohn and Hubner, nearly opposite the Post Of- fice. Richmond, 31st August, 1807. tf
TO BE RENTED, And possession given in ten days; FOUR large, elegant and commodious STORES, in the most central and bus- y part of this City. To them are attach- ed, elegant, airy and extensive accommo- dations for the families of the tenants. JOHN MAYO. June 20. tf
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 paper, or exchanged for country produce, by JOB GREENE. Richmond, 27th May, 1807. tf
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 part of Henrico—he is a tall, portly fellow, stoops in his shoulders, or you may say round shouldered, high forehead, flat hair pocked 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 effort been made to apprehend him—he is a wile 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. tf
Super-Royal Printing Paper. One hundred reams Super-Royal PRINT- ING PAPER for Sale—Apply to the Prin- ter. Sep. 10.
Lesueur & Saunders Are now receiving and will constantly keep a large supply of Bar-Iron & Castings, Of superior quality. Feb. 2d, 1807. tf
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. tf
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 2d, 1807. 1N
Pursuant to a deed of trust from Moses Davis and Mary, his wife, to the subscriber, dated on the 4th day of March last, to secure the payment of $445 dollars, due or owing from said Moses Davis to Prosser and Moncure, assignees of Pleasant Younghusband; on Wednesday, the 23d day of this month, on the premises, will be offered for sale to the high- est bidder, for ready money, all that
Lot and parcel of Land, Lying and being in the county of Henrico, con- tiguous to the city of Richmond, being the same LOT and parcel of LAND, conveyed by Rich- ard Adams and Elizabeth his wife, to said Mo- ses Davis by deed, dated 3d day of March, in the present year, beginning and running on the road or street, leading from the Market house in the city aforesaid, to Du Vall's Village, north 4 1/2 deg's. west 4 chains and 32 links, to a street forty feet wide formerly said lot and parcel of land, and the lot formerly William Cannon's now John Doyle's, and binding on said street north 89 deg's. east, 4 chains and 94 links to the corner of the said street; thence on the back street, south 4 1/2 deg's. west 4 chains 32 links to a corner street 40 feet wide next towards said city, and binding on said street, south 89 deg's. west 4 chains, 36 links to the said road about the beginning, with the buildings and improve- ments thereon, consisting of
A Large Framed House, Making three TENEMENTS—Or so much of said premises as will raise the one third part of the aforesaid debt or sum of money, say 1145 dol- lars, 33 1-3 cents, with interest thereon, from the 4th of this present month, and the charges and expenses attending the sale. The sale will commence at or after 10 o'clock in the morn- ing. Geo. Wm. Smith. City of Richmond, Sept. 11, 1807.
Geo. Wm. Smith. N. B. Sales of a part of the above described property, were made on the 23d inst. amounting to 505 dollars only, and leaving 643 dolls. and 33 1-3 cents, beside interest yet due: to raise which, with the interest and charges, a further Sale will be made of the whole, or so much of the property remaining unsold, as may be neces- sary. This sale will be made upon the premises, on Tuesday, the 6th of next month, and will commence at 4 o'clock, P. M.
Geo. Wm. Smith. City of Richmond, Sept. 25, 1807. At a Court of Quarterly Session, held for Cumberland County, the 28th day of July, 1807. George Bernard & Co. Plaintiffs, } In vs. } Chancery. Joshua Glover, Howell Thomas and } Walter Jones, Defendants. } IT appearing to the satisfaction of the court, that one of the defendants, Joshua Glover, is not an inhabitant of this state; on the motion of the said complainant by his counsel, It is order- ed , that the said Joshua Glover, do appear here on the 4th Monday in October next, to answer the complainants' bill, and that a copy of this or- der be forthwith inserted in one of the Virginia Gazettes, for two months successively, and pub- lished at the door of the courthouse of this coun- ty.
A Copy, Teste, Miller Woodson, jr. D. C.
United States Court, fifth Circuit, and Virginia District, May term, 1807. John Dixon, } In vs. } Chancery. Edward Rumsey and Peter Hoffman } and son, } THE defendants, not having entered their ap- pearance, and given security according to a rule of this court, and it appearing to the sa- tisfaction of the court, that they are not inhabi- tants of this district; on the motion of the plain- tiff by his counsel; It is ordered , That the said defendants do appear here on the first day of the next term, and answer the plaintiffs' bill, and that a copy of this order be forthwith in- serted in some one of the newspapers, published in the city of Richmond for two months succes- sively, and posted at the front door of the capi- tol in the said city.
A Copy, Teste, Wm. Marshall, Clk.
In King William County Court, Ju- ly 27th, 1807. Christopher Tompkins, Complainant, } In vs. } Chancery. Thos Reeves & John Temple, defts. } THE defendant Thomas Reeves, not having entered his appearance and given security according to the Act of Assembly, and the rules of this Court, and it appearing to the satisfac- tion of the Court, that he is not an inhabitant of this country. On the motion of the Complain- ant by his counsel, it is ordered, that the said defendant Reeves, do appear here on the fourth Monday in November next, and answer the bill of the Complainant; and that a copy of this or- der be forthwith inserted in some newspaper pub- lished in the city of Richmond for two months successively, and posted at the front door of the Court house of this county. And it is further ordered that the defendant Temple do not pay, convey away, or secrete any debts by him owing to the other defendant, Thomas Reeves, until the further order or decree of this court.
A Copy, Teste, Robert Pollard, C. C.
United States Court, fifth Circuit, and Virginia District, May term, 1807. John and Jane Backhouse, administrator and administratrix, de bonis non of John Backhouse, deceased, unadministered by Rebecca Backhouse, deceased, and Jones, executrix, &c. of Gabriel Jones, deceased, } In vs. } Chancery. Robert Patton, administrator, de bonis non cum testamento annexo of James Hunter, deceased, unadministered by Patrick Home, deceased, Joseph Erneweer, admi- nistrator of Adam Hunter, decd. James Hunter, son of John Hunter, deceased, who was heir of Adam Hunter, deceas- ed, and Robert Dunbar, } Defs.
THE defendant James Hunter, not having en- tered his appearance, and given security according to a rule of this court, and it appear- ing to the satisfaction of the court, that he is not an inhabitant of this district; on the motion of the plaintiffs by their counsel; It is ordered , That the said defendants do appear here on the first day of the next term, and answer the plain- tiff's bill, and that a copy of this order be forth- with inserted in some one of the newspapers, published in the city of Richmond, for two months successively, and posted at the front door of the capitol in the said city. A Copy, Teste, Wm. Marshall, Clk.
AT a quarterly Court continued and held for Prince Edward county, August the 19th, 1807. William Whitworth, } Compt vs. } John Spaulding and his wife, } In John Burton, John Ward and } Chancery. his wife, Robert Burton, Thomas } Wilson and his wife, and } Anderson Burton by John Redd his } guardian, and Osborne Lockett, execu- } tor of James Scott, dec. } Defs.
THE defendant Robert Burton, not having en- tered his appearance and given security ac- cording to an act of the General Assembly and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inha- bitant of this state, on the motion of the complain- ant by his counsel, It is ordered , That the said defendant Robert Burton, do appear here on the first day of November court next, and answer the complainant's bill, and that a copy of this order be forthwith inserted in some one of the public newspapers printed in the city of Richmond for two months successively, and also posted at the front door of the courthouse of this county.
A Copy, Teste, Benjamin Watkins, D. C.
At a Court of Quarterly Session continued and held for Albemarle county, the 5th day of August, 1807. John M'Coey, } In vs. } Chancery. Henry Emmerson, Josiah Hum- } phrey & Jacob Gitt, defts. } THE defendant Jacob Gitt, not having entered his appearance and given security according to the act of assembly and the rules of this court; and it appearing to the satisfaction of the court that he is not an inhabitant of this com- monwealth; On the motion of the plaintiff by his counsel, It is ordered , that the said defendant appear here on the first day of the next term and answer the bill of the plaintiff; and that a copy of this order be forthwith inserted in the Virginia Argus, printed in the city of Richmond, for two months successively, and posted at the front door of the courthouse of the said county.
A copy, Teste, Alex'r. Garrett, d. c. a. c.
United States Court, fifth Circuit, and Virginia District, May term, 1807. Luke Tiernan, } In vs. } Chancery. Mary Brent, widow of George Brent, Daniel Brent, Robert Brent, John Cook, Bailey Washington, William Brent and Robert Brent, Mary Brent and George F. Brent, infant children of George and Mary Brent, } Defs.
THE defendants Daniel Brent and William Brent, not having entered their appear- ance, and given security according to a rule of this court, and it appearing to the satisfaction of the court, that they are not inhabitants of this district; on the motion of the plaintiff by his counsel, It is ordered , That the said defendants do appear here on the first day of the next term, and answer the plaintiff's bill, and that a copy of this order be forthwith inserted in some one of the newspapers, published in the city of Richmond for two months successively, and posted at the front door of the capitol in the said city.
A Copy, Teste, Wm. Marshall, Clk.
United States Court, fifth Circuit, and Virginia District, May term, 1807. Robert Berkeley and Julia his wife, late Julia Carter, daughter and devisee of Robert Carter, deceased, } In vs. } Chancery. George Carter, acting executor and devi- see of the same Robert Carter, Priscilla Mitchell and Robert Mitchell her hus- band, Betsey Loudon Ball and Spencer Ball her husband, Harriet Lucy Maund, Sarah Fairfax Chinn, John Tasker Car- ter, Sophia Carter, Harriet Peck, John Peck, Emanuel Peck, Tasker Carter Quinton, an infant, Hugh Quinton, guardian of Tasker Carter Quinton, Fran- cis Jones, Thomas Jones, Sarah Jones, Elizabeth Jones and Jane Jones, infants by Walter Jones their guardian. } Defs.
THE defendant Sophia Carter, not having en- tered her appearance, and given security according to a rule of this court, and it appear- ing to the satisfaction of the court, that she is not an inhabitant of this district; on the motion of the plaintiffs by their counsel; It is order- ed , That the said defendant do appear here on the first day of the next term, and answer the plaintiff's bill, and that a copy of this order be forthwith inserted in some one of the newspa- pers, published in the city of Richmond for two months successively, and posted at the front door of the capitol in the said city.
A Copy, Teste, Wm. Marshall, Clk.
SECOND VOL. REVISED CODE. GENTLEMEN who have been so good as to receive subscriptions to the SECOND VOL- UME of the REVISED CODE of VIRGIN- IA LAWS, now in the press, are respectfully requested to return the subscription papers to the publisher by the first of November next; on which day, the subscription, at the present price, will be closed.
TO BE SOLD. On the premises, on Monday, the 16th day of No- vember next, a Valuable Tract of Land, In Cumberland county, containing about seven hundred acres, whereon Nathaniel Carrington formerly lived, supposed to be equal in quality to any high lands in the county—subject to the life estate of Phebe Carrington, widow of Na- thaniel Carrington, dec. Also,
Eight Negroes, To wit: Billy, Peter, Amy, Creacey, Milly, Sucky, little Amy, and Lucy, or so much there- of as shall be sufficient to pay and satisfy the sum of eight hundred and twenty pounds, with legal interest thereon, from the 1st day of Au- gust, 1806, till paid, with all contingent char- ges attending the sale and securing the payment of the aforesaid debt and interest, agreeable to a deed of trust from James Pieman and Hen- ningham his wife, made to me, for securing the payment of the above sum to Joseph Bracken- JESSE M'CHAUX } Trustee. SAM. HOISON } Cumberland county, Sept. 5th 1807. w71*
The Subscriber, Proposes to sell a valuable MILL, on South- anna River, about forty miles from Rich- mond, in the county of Louisa, well situated for custom, and in a situation favorable for a supply of wheat. This Mill is newly built, and furnished with four pair of Stones, two Cologne and two Burr; calculated for the manufactur- ing of flour; the Machinery in general, exceed- ingly well executed. It is supposed, that those who would wish to purchase, will see the pro- perty, when they may be made acquainted with the terms. John Todd. Sept. 23. w2*
Royster & Bohannan, 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 and bbls. Loaf Sugar in do. do. Decanters, quart and Jamaica } pint Antigua } RUM Leiper's Snuff N. England } Window Glass Best Cognac Brandy } London Mustard Holland Gin } Rice Country do. } Copperas Madeira } New York Candles Sherry } Ginger Malaga & } Allspice Dry Lisbon } Pepper Hibbert's } Queen's Ware in Stout and Porter } crates, assorted Writing Paper } New York Soap Brown do. } Imperial & } TEAS Nutmegs } G.V. Hyson Indigo } Best Green Coffee in Allum } bags Salt Petre } Sack Salt English Gun Powder } Cotton and Wool Shot, assorted } Cards, by the box, assorted. Richmond, April 1, 1807. tf
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 authorised to grant receipts. By order of the trustees. William Guerrant. New Canton, Sept. 10, 1807. w4*
On account of the bad health of Wm Guerrant the time of making the above dividend is postponed until the 29th of October next. Sept. 30. w1290
Drugs & Medicines. Daniel Wm. Sackrider & Co. Have this day opened a general assortment of DRUGS & MEDICINES, And a great variety of valuable PATENT ME- DICINES, which they are determined to sell on reasonable terms. DANIEL WM. SACKRIDER offers his ser- vices to the citizens of Richmond and its vic- inity as a practitioner of Physic, Surgery, &c. &c. He has every reason to believe his professional services will be satisfactory to those who will honour him with their confidence. Richmond, July 20th, nearly opposite Doct Fisher's. 12m
FALL GOODS: KIRBY, DRAKE & TAYLOR, ARE now receiving by the Ship Rolla, from London, a large and handsome assortment of FASHIONABLE GOODS, (selected by a partner of the house.) AMONG WHICH ARE London Superfine Cloths, Casimeres, and Toi- liners, superior quality. Gentlemen's Patent Silk and Beaver Hats. Children's Trafalgar and Erskine do. Elegant Leno Pique and Sewed Muslins. Do. Robes and Dresses. Colored Italian Crapes for Ladies' Dresses. Silk, Cotton, and Worsted Ho'ry. Irish Linens, Lawns and Sheetings. 4-4 Cotton Shirting, very fine. Ladies' Kid Shoes. Callipers, Cambricks, Chambrays, Cotton and Thread Laces, &c. And in daily expectation of receiving by the Protectress from Liverpool, a large assortment of COARSE WOOLENS, 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. tf
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 had good from most respectable information. It lies on Deer creek, a branch of the Sciota, about 16 miles from Chillicothe, in a well settled neighborhood, he 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 warrant, will be made to the purchaser. Wm. M'FADDEN. Richmond, Sept. 24, 1807. tf