The enquirer (Richmond, Va.), 1805-03-23 00:00:00

THE ENQUIRER.
RICHMOND, (Virginia) PUBLISHED BY RITCHIE & WORSLEY, OPPOSITE THE POST OFFICE...AT FIVE DOLLARS PER ANNUM...payable in advance.
NUMBER 57.]
SATURDAY MORNING, MARCH 23, 1805.
[VOLUME 1.]
CONDITIONS.
 I. THE ENQUIRER will appear twice a week...During the session of Congress and the Virginia Legislature, either a third paper or a supplementary half-sheet, during the week.  II. Terms of payment FIVE DOLLARS per annum, in advance.  III. ADVERTISEMENTS, from those who do not subscribe to the paper, should they not exceed a square in length, shall be inserted for seventy-five cents the first time, fifty cents for each time during three weeks, and for every additional insertion thirty-three cents; long ones in the same proportion.  IV. SUBSCRIBERS shall have their advertisements inserted for fifty cents the first time, and thirty-three cents for every additional insertion. 
Sales at Auction.
On Friday the 29th inst. at the Auction room of the subscribers, will be sold without reserve, on a credit of 60 days, for approved indorsed notes, negotiable in the Bank of Virginia;  20 hds. and 27 barrels Brown Sugar, 7 hds. Rum, 20 pieces Irish Linen, 16 do. fine Irish Sheeting, 10 do. do. Dowlass, 15 do. white Russia Sheeting, 25 doz. Fancy Cotton Hosiery, 40 lbs. Selce Twine.  THOMAS TAYLOR & Co. V. M's. March 21.
Sales at Auction.
On Wednesday, the 10th day of April next, will be sold, at Public Auction, on a credit of four months, at the dwelling house of Thomas Gilliatt:  ALL his HOUSEHOLD and KITCHEN FURNITURE, consisting of a variety of Valuable Articles. At the same time, and on the same terms, will be sold, a pair of elegant well broke CARRIAGE HORSES, & a SADDLE HORSE. On the same day will be rented to the highest bidder, for one or more years, the HOUSE and LOT now occupied by said Gilliatt.  THOMAS TAYLOR, & Co. V. M. March 21.
Auction Sales.
THOMAS TAYLOR & Co.  WILL in future sell at the store occupied by M. W. Hance & Co. on Wednesdays in each week; and at their office, on Wednesdays and Fridays as usual.  Dec. 1, 1804. epf
N. BOUDET & SON,
RESPECTFULLY acquaint the Ladies and Gentlemen of this City, that they intend opening a PAINTING ACADEMY this day, Thursday the 21st inst. in the house opposite the Swan Tavern—and which was occupied by Mr. Warrel; where they will take Likenesses in large and in Miniature, in the most elegant style, every morning from 9 until 12 o'clock; (no likenesses, no pay;) and will teach Drawing by the best and shortest method, three days in the week; viz. Thursday, Friday, and Saturday, from 12 until 2 o'clock. BOUDET, jun. will also teach Dancing at the same house, three days in the week; viz. Thursday, Friday, and Saturday, from 4 until 6 o'clock in the evening. The terms for Drawing are six dollars per month, that will be up in thirty days from the first lesson. The terms for dancing, are five dollars entrance, and ten dollars per quarter, that will be up in ninety days from the first lesson.  March 21. (3t.)
A TRACT OF LAND.
THE subscriber offers for sale, a TRACT OF LAND, on which he at present resides, situated in the county of Westmoreland, and bounded by the rivers Potomac and Toccoo. This tract contains about seven hundred acres of strong low grounds, one half of which is thickly covered with very valuable pine and oak timber, and the soil well suited to the culture of corn and small grain; the situation a very healthy and handsome one, commanding an extensive view up, and a beautiful view down the Potomac. The waters to which this land is immediately attached afford an abundance and with great convenience the finest oysters and wild fowl in their season; and fish in great variety and of the finest kinds throughout the year. The purchaser may have the stock of cattle, sheep and hogs, together with the implements of husbandry on the plantation. One half the amount of purchase must be paid at the time of taking possession, which may be had with the close of the present year with an indubitable title; for the remainder, twelve months credit will be given on payment being satisfactorily secured.  ALEXANDER PARKER. Westmoreland, March 15. (ep4w.)
W.M. MCKENZIE & Co.
HAVE FOR SALE—4000 Dollars Military Certificates, bearing interest at 6 per cent. and stock of the Bank of Virginia.  February 26. epf
BROKER'S OFFICE.
THE Subscriber has opened a Broker's Office, opposite the Union Tavern, and over the Counting-house of Thomas and Amos Ladd. All business confided to him, will be transacted with strict fidelity.  THOMAS NORFELL. He has for sale—A FEW SHARES IN THE MANCHESTER TURNPIKE. Also—Old State Certificates, bearing five per cent interest. March 12. tf
NOTICE.
Mutual Insurance office, Richmond, March 4th, 1885.  THE members of the Mutual Insurance Company against fire on Goods & Furniture in the State of Virginia, are particularly requested to meet at the said office, either in person or by proxy on Monday the 8th of next month (April) on business of the utmost importance to the company. On referring to the 21st article of the Constitution of the said company, it will be found that no member is at present insured, or can be, until a meeting shall be convened, and certain rules and regulations established, which, with other matters of much consequence renders it necessary that there should be a strict compliance with the above requisition.  BENJAMIN DUVAL, President. (2, 3w)
LANDS, LOTS & CANAL SHARES, FOR SALE.
On Monday, the twenty-fifth day of March next, Will be exposed to Public Sale at the Eagle Tavern, in the City of Richmond, in order to close the Mercantile concern of Buchanan, Dunlop, & Co. the following  TRACTS OF LAND, &c. viz.  A CERTAIN TRACT OF LAND, SITUATED in the county of Campbell, on the branches of Cab Creek and Falling River, containing 2,500 acres, bounded by the lands of Hughes and M c Reynolds.  ALSO, ANOTHER TRACT OF LAND, in the same county, on the waters of Beaver and Poffum Creeks, containing four hundred and fifty acres, by a late accurate survey, and including part of what is called Cooper's mountain.  ALSO, ANOTHER TRACT OF LAND, in the said county, on the branches of Poffum, Rockcastle and Flat Creeks, containing 850 acres, and bounded by Stevenson's, Gander's and Martin's lands.  ALSO, ANOTHER TRACT OF LAND, in said county, containing 870 acres, on the head branches of the fourth fork of Falling River, and upon the south east side of Long mountain, and bounded by Unfey's, Forbes's and Smith's lands.  ALSO, ANOTHER TRACT OF LAND, in said county, containing 90 acres, on the head branches of the fourth fork of Falling River, on both sides of the main road, and bounded by the Long mountain and Richard Smith's land.  ALSO, ANOTHER TRACT OF LAND, situated on the western branches of Buffalo Creek, in the county of Campbell, containing 350 acres, and commonly known by the name of Turner's place.  ALSO, A TRACT OF LAND, situated in Parson county, North-Carolina, containing 99 3/4 acres, sold under an execution against Duncan Rife, jr. and purchased at the marshal's sale at Raleigh, North-Carolina, as per deed to John Tompkins, made by the marshal, recorded in Parson county court.  ALSO, A TRACT OF LAND, in Patrick county, Virginia, on the head waters of South Mayo river, containing 1020 acres, more or less, as per deed from John Hughes to Buchanan, Dunlop & Co. recorded in the county court of Patrick, at February Court, 1800.—A considerable part of this tract is rich low grounds.  ALSO, LOTS No. 4 & 5, each half acre, situated on the main street, in the town of New-London, on which are a store and dwelling house.  ALSO, LOTS No. 45 & 46 in said town, containing 5 acres, adjoining the above half-acre lots, subject to a Barn and other out houses now standing.  ALSO, LOT No. 41 situated in said town, containing eleven acres, & No. 42 & 43, containing each eight acres.  ALSO, A TRACT OF LAND adjoining the above lots, containing 200 acres, which land Thomas Reid purchased of Pamela Crump, as will appear by the deed of indenture, recorded in the district court of New-London.  At the same time and place and upon the same terms, will be sold, ANOTHER TRACT OF LAND in Campbell county, containing 400 acres.  At the same time and place will be sold, FIVE SHARES IN THE UPPER APPOMATTOX CANAL COMPANY.—A further description of the lands and lots is deemed unnecessary, as those inclined to purchase, will of course view them.—Mr. Thomas Reid will attend the sale.  London—Mr. Duncan Rife, jr. the lands in Parson county, and Mr. Samuel Staples that in Patrick county, and the deeds may be seen on application to Messrs. Prosser and Moncure of Richmond.—On the lands and lots a credit of 18 months will be given, and on the Canal Shares, a credit of 12 months—the purchaser giving bond with approved security, to carry interest from the date, if not pointedly paid.  DAVID BUCHANAN, By ROBERT POLLOK, his Attorney. JOHN DUNLOP, Attorney for JAMES DUNLOP. ROBERT POLLOK. February 8.—tdf.
NEAL NELSON, BOOT & SHOE MANUFACTURER,
MAKES Boots & Shoes to any pattern or fashion, equal in point of MATERIALS and WORKMANSHIP to any in general use.  Imported BOOTS and SHOES, of the first quality and newest fashion, for sale.  Gentlemen at a distance, who are disposed to forward me their measure, by paying attention to the annexed cut, can be fitted with Boots or Shoes as well as if they were on the spot.  A—the length of the Boot.—C—round the heel and instep.—B—the pitch of ditto.—D—round the heel and instep.—E—round the instep.—G—across the ball of the foot. Fix the heel against a perpendicular, and stick a knife at the end of the great toe—let down in figures the number of inches and quarters, in the different measures.  January 1. epf
ADVERTISEMENT.
To be SOLD to the highest bidder, on a credit of twelve months,  FIVE TRACTS OF LAND, belonging to the estate of Thomas Anderson, dec. viz:—One in Campbell county, of 400 acres, lying on both sides of the main road, on the branches of Beaver Creek; this tract to be sold at next April Campbell court, being the 9th day of the month.  One in Botetourt county off 160 acres, lying on Catawba creek; this tract to be sold at next April Botetourt court, being the 11th day of the month; these two tracts to be attended by Mr. Anthony Dibrell, who is hereby fully authorized to act for the executors of the said Thomas Anderson.  One of 400 acres, one of 147 acres, and one of 50 acres, lying in Buckingham county, the two former on the waters of Rock illand creek, and the latter one on Irving's ferry road. These three last tracts to be sold at next May Buckingham court, being the 13th day of the month. Bond with approved security will be required, to bear interest from the date, but if punctually paid the interest shall be remitted.  NATHAN ANDERSON, & ROBERT RIVES Exrs of Thos. Anderson, dec. Albemarle county, March 19, 1805. tds.
NOTICE.
ALL persons indebted to the late firm of BUCHANAN, DUNLOP & CO. of Petersburg, ROBERT POLLOK & CO. of Richmond, and DUNLOP, POLLOK & CO. of Manchester, are hereby notified, that James Dunlop, late a partner in the above concern, has become purchaser of the outstanding debts; they will therefore be pleased to make payment to Mr. John Tompkins residing in Richmond, or the subscriber residing in Petersburg, as alone are authorized to make collection and grant discharges.—Suits will be indifferently commenced against all who do not make payment before the first of February next.  JOHN DUNLOP, Attorney For JAMES DUNLOP. Petersburg, Nov. 15, 1804. epf
FOR SALE.
On a credit of 18 months, at the Eagle Tavern, on the 25th March ensuing:  A CERTAIN tract or parcel of LAND, lying in Patrick county on Mayo river, containing 550 acres more or less, being that tract lately owned by John Spencer, and sold by virtue of a deed of trust for the benefit of Dunlop, Pollok & Co. Col. Geo. Penn of Patrick, will show the land to any person disposed to purchase. An undivided title with general warranties, will be made the purchaser on payment of the money—undoubted security will be required.  PROSSER & MONCURE, V. M's. February 19.
LAND FOR SALE.
A TRACT of about 850 acres, lying on James River, adjoining the town of Lynchburg; one hundred and forty of which is low ground; one of the best of the first quality; a considerable proportion of the high ground lies well, and well adapted to the culture of tobacco and grain. It has an excellent team and rock fishery on it; a small apple orchard, a good dwelling house and convenient out-houses; a mill seat, supposed to be inferior to any in that part of the country—the mill house would set within thirty-six poles of the river, on navigable water. Likely negroes would be received in part pay, and a generous price allowed for one or two blacksmiths that are under 35 years of age, and good workmen. For further particulars, apply to the subscriber on the premises, or Mr. William Brown, merchant, in Lynchburg.  LEWELLEN JONES. March 1. (epf)
WILL BE SOLD,
At Public Auction, on Saturday the 20th day of April next, at the Rawleigh Tavern, in the city of Williamsburg;  THAT valuable Plantation called YARMOUTH, lying in James City county, on Chickahominy River, ten miles from Williamsburg. The improvements are, a two story brick house, with two rooms and a passage above and below; porticoes on each side; a large and capacious barn, and three other out-houses. The whole tract, including an island, in view of the house, high and low land with marshes, contains about 2700 acres; scarcely one third of which is cleared. Two thirds of the island is arable, which, with the land adjoining the house, is of superior quality. Adjacent to the island are two bold and navigable creeks, with a convenient landing to each. The range for cattle is very extensive, and the marshes and meadows will supply an abundance of hay. Fish and wild fowl, in your respective seasons, may with ease be obtained at your door. The orchards, consisting of the greatest variety of all kinds of fruit, selected with care, are now in their prime. The terms of sale are one third cash and one, two and three equal annual payments, for the balance.  PEYTON RANDOLPH, jr. For ELIZA INNES. Feb. 19. (epf)
Register, OF THE PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES.
SUNDAY, March 3. Sunday, five o'clock P. M.
A message was received from the Senate, notifying that they insist on their amendments disagreed to by this House, to the bill making an appropriation for the payment of witnesses summoned on the part of the United States to attend the trial of Samuel Chase, and desire a conference, on the subject matter of the said amendments; that they have passed the bill making appropriations for carrying into effect certain Indian treaties and for other purposes of trade and intercourse, without amendments; and that they have agreed to the amendments of this House to the resolutions expressive of the sense of Congress of the gallant conduct of commodore Edward Preble, the officers, seamen and marines of his squadron, with amendments.
The House proceeded to re-consider the amendments insisted on by the Senate to the bill making an appropriation for the payment of witnesses summoned on the part of the United States in support of the impeachment of Samuel Chase—Whereupon,
Resolved, That this house do insist on their disagreement to the said amendments.
Resolved, That the House agree to the conference desired by the Senate thereon, and that Mr. J. Randolph, Mr. Early, and Mr. Nicholson be the conferees on the part of this House.
Mr. Nicholson, from the committee to whom was referred the amendments of the Senate to the bill for the more effectual preservation of peace in the ports and harbours of the United States, and in the waters under their jurisdiction, reported their agreement to the said amendments.
The House then took the said amendments into consideration and concurred in the report of the select committee.
The House proceeded to consider the amendments of the Senate to the bill making an appropriation for the payment of witnesses summoned on the part of the United States to attend the trial of Samuel Chase, and desire a conference, on the subject matter of the said amendments; that they have passed the bill making appropriations for carrying into effect certain Indian treaties and for other purposes of trade and intercourse, without amendments; and that they have agreed to the amendments of this House to the resolutions expressive of the sense of Congress of the gallant conduct of commodore Edward Preble, &c. &c. whereupon,
Resolved, That the House agree to the said amendments.
A message was received from the Senate, notifying that they have passed the bill for the relief of Robert Paton & others; that they have considered the bill providing for a light-house on Watch hill point, and have resolved that it do not pass; and that they have agreed to the amendments of this House to the bill from the Senate to extend jurisdiction in certain cases to the State and territorial courts.
The House then proceeded to consider their amendment insisted on to the bill from the Senate, making provision for persons that have been disabled by known wounds received in the actual service of the United States during the revolutionary war, and to which the Senate have adhered in their disagreement.
Resolved, That the House do recede from their amendment, and that the clerk do notify the same to the Senate.
On motion,  Resolved, That the committee of accounts be authorised to adjust and settle the account of Alexander Claxton, for his services rendered to this House during the present session, and allow such sum as they may think due to him, provided that the same do not exceed 100 dollars.
Mr. Huger called for the order of the day, on the bill to authorise the circuit court of the district of Columbia to decree divorces in certain cases, when
A motion was made & seconded, to postpone the said order of the day until the first Monday in December next, and carried.
A message was received from the Senate, notifying that they adhere to their amendments to the bill making an appropriation for the payment of witnesses summoned on the part of the United States in support of the impeachment of Samuel Chase: That they have considered the bill to revive and make permanent the act to prescribe the mode of taking evidence in cases of contested elections for members of the House of Representatives, &c. and have resolved that it do not pass.
Mr. J. Randolph, from the conferees appointed to attend those from the Senate, on the subject matter of their amendments to the bill for the payment of witnesses summoned on the part of the United States on the impeachment of Samuel Chase, made a report, which being read, it was
Resolved, That the House do insist on their disagreement to the amendments of the Senate, and of course, the bill was lost.
A motion was then made and seconded, that the House do come to the following resolutions;
Resolved, That the Clerk of this House be, and he is hereby directed to pay out of the contingent fund of this House, to every witness summoned on behalf of the House of Representatives to attend the Senate in support of the impeachment of Samuel Chase, for every day's attendance, the sum of three dollars, and the further sum of twenty cents for each mile in coming from and returning to his place of abode.
Resolved, That the Clerk be likewise directed to pay out of the said fund, any other expense incurred by order of the managers of the said impeachment, and certified by their chairman.
On which motion, various efforts were made to obtain a decision of the House on the previous question, "that the House do now proceed to consider the said resolution;" but no result could, in any instance, be obtained for the want of a quorum.
After which, a quorum being present, A message was received from the Senate, notifying that they have appointed a committee on their part, jointly with such committee as may be appointed on the part of this House to wait on the President of the United States, and notify him of the proposed recess of Congress.
The House took the said message into consideration, concurred therein, and appointed Mr. J. Randolph, Mr. Huger and Mr. Nelson said committee on their part.
Mr. J. Randolph, from the committee appointed on the part of this House, jointly with the committee appointed on the part of the Senate, to wait on the President of the United States, and notify him of the proposed recess of Congress, reported, that the committee had performed that service; and that the President signified to them, he had no farther communication to make during the present session.
A message was received from the Senate, notifying that they have finished their legislative business, and are ready to adjourn.
Ordered that a message be sent to the Senate, informing them that this House is ready to adjourn, having completed the legislative business before them.
The Clerk having went with said message, and being returned,
The Speaker adjourned the House, sine die.
IMPEACHMENT OF JUDGE CHASE.
SATURDAY, February 9, 1804.
WILLIAM LEWIS affirmed.
Mr. Dallas, Mr. W. Ewing and I, were counsel for John Fries at his request, and I believe by the assignment of the court, on his trial in the year 1799. It was concluded, I believe, in the usual manner, and we were certainly allowed all the privileges that are customary on such occasions. The trial was had before Judges Iredell and Peters. He was convicted and a new trial was ordered, because one of the jurors had manifested a prejudice against the people in general, concerned in the insurrection, and against Fries in particular. This trial took place partly in April and partly in May 1799. At October session following, Mr. Dallas and I attended at Norris town, expecting the trial would again take place; but it did not. The proceedings on the first indictment were quashed by the district attorney, and a new bill was found at April term 1800, at which Judges Chase and Peters presided. Mr. Dallas and I appeared again as the counsel of Fries, at his request, and I believe we were assigned by the court, but of this I am not certain. On the morning of a certain day, which I do not now recollect, I entered the court room when the Judges were on the bench, and if I recollected rightly, the prisoner was in the bar; but if he was not then there, I feel very sure that he soon was. The list of petit jurors was called over, and many of them answered. Whether his trial had been appointed for that day, I do not recollect; nor can I say, whether he was brought up in consequence of such appointment or not. I will now state as accurately as is in my power, what took place on the occasion, premising that although my memory is a remarkably accurate one for a short time, it is far from being so after a considerable lapse of time. I will not, therefore, undertake to state the precise words used in the altercation which took place; but I am very confident that I shall not vary from the substance. When I say that I am thus confident, I beg to be understood as not undertaking to distinguish positively in all respects between what took place on the first or on the second day.
Almost immediately after the jurors were called over, Judge Chase began to speak. At this time Mr. Dallas had not come into court. Judge Chase said, he understood, or had been informed, that on the former trial or trials, for it was impossible for me to know whether he alluded to the case of Fries only, or of him and others, there had been a great waste of time in making long speeches on topics which had nothing to do with the business, and in reading common law cases on treason, as well as on treason under the statute of Edward the Third, and also certain statutes of the United States, respecting the resitting of process, and other offences against treason. He also said, that to prevent this in future, he, they, I do not precisely recollect which, had considered the law, had made up their minds, and had reduced their opinion to writing on the subject, and would not suffer these cases to be read again; and in order that the counsel—but whether for the prisoner, or the counsel on both sides, I cannot say—might govern themselves conformably, he had ordered three copies of that opinion to be made out, one to be delivered to the prisoner's counsel, one to the counsel in support of the prosecution, and the other, as soon as the case was fully opened, or gone through, I cannot say which, to be delivered by the clerk of the court to the jury. I rather think that the expression was, fully gone through.
Mr. Randolph. And this, sir, before the counsel had been heard?
Mr. Lewis. I have said Mr. Dallas had not yet come into court, and as to myself I had not at this time said a single word. I think it was at or about this time, that Judge Chase handed, or threw down to Mr. Caldwell, clerk of the court, one or more papers; but whether I saw them pass immediately from the hands of one to the other, I am not certain. Mr. Caldwell reached one of the papers towards me. If I took it in my hand, I did not read a single line of it. I remember well that speaking aloud, but whether addressing myself to the court or not, I am not positive, and either waving my hand, or throwing the paper from me, I used this expression—"I will never permit my hand to be tainted with a prejudged opinion in any case, much less in a capital one." If Judge Peters made use of a single expression on the fifth day, I either did not hear him or do not recollect it.
Judge Chase, when speaking of the authorities at common law, and those under the statute of Edward the Third, and I believe of the acts of Congress, said, he would not suffer them to be read again. I am sure he said he would not suffer the decisions at common law, or under the statute of Edward the Third to be read. I am not altogether certain whether he did or did not say the same thing as to the statutes of the United States; but I am perfectly sure that he did say they had nothing to do with the question, and that he expressed himself in strong terms of disapprobation either at their having been read or permitted to be read on the former trial. I am not certain whether some parts of this as well as of that which I am about to mention occurred on the first or the second day.  Judge Chase said, I think on the first day, that they were judges of the law, and if they did not understand it they were unworthy of their seats, or unfit to sit there, and that if the prisoner's counsel had any thing to say, to shew that they had mistaken the law, or that they were wrong, the counsel must address themselves to the court for that purpose, and not to the jury. I made some observations in answer, which it is impossible for me in all respects to particularly recollect, as having passed at this time, since some parts of it may perhaps have taken place in other stages of the business. At this time Mr. Dallas was not in court. I was struck with what appeared to me to be a great novelty in the proceedings, and as I was extremely anxious to be of service to Fries, I was desirous that Mr. Dallas might be preferred. I think I went out of the bar to get some body to go for him, and while I was out of the bar, he entered the room. I briefly stated to him what had taken place, and some parts of it; but I believe not the whole. We came forward, and we made some remarks which I am unable to repeat. I was easily struck with the idea, that as the court had made up their minds, and decided the question of law, before the jury was sworn, or the witnesses or counsel heard, it was not likely we should alter that opinion by anything we might say, and that we should probably render Fries more service by withdrawing from his defence, than by engaging in it. We told him so, and earnestly recommended to him to pursue that course. He appeared greatly alarmed and extremely agitated, and much at a loss what determination to come to. We, however, told him, that, if he insisted on it, we would proceed in his defence at every hazard, and contend for what we deemed our constitutional rights as counsel, until stopped by the court—or we used expressions to this effect. His state of alarm and apprehension fearfully left him the power to decide for himself. After some time he acquiesced in our advice; said he had nobody to depend on but us; that he was sure we would do our best for him, and he would leave us to do for him as we pleased. Being very anxious for him, we told him we would call upon him at the jail, and satisfy his mind as to the course which we wished him to pursue. He finally agreed to our proposal to withdraw, but as we were apprehensive that the court might assign him other counsel in our place, and that our views might be defeated by such an arrangement, we advised him against accepting any, and I understood that he afterwards did refuse to accept of any other counsel. I will not assign my reasons for giving this advice, as it might perhaps be improper, unless I am directed by the court.  Mr. Martin asked what those reasons were?  The President desired the examination to proceed on the part of the House of Representatives; and said when that was closed, the witnesses might be examined by the counsel for Judge Chase.  Mr. Lewis. It being thus determined that he should withdraw, and that Fries should not accept any counsel that might be assigned him, I left the court, expecting to have little or nothing more to say, as we were no longer counsel for the prisoner. The next morning when the court was opened, and I believe, when the prisoner was in the bar, Judge Chase addressed Mr. Dallas and myself, and probably Mr. Rawle, and asked us if we were ready to proceed? I answered, that I was not, or that we were not any longer counsel for the prisoner. He asked our reasons for this, and I began to answer by mentioning what had taken place the day before; on which he & Judge Peters certainly manifested a strong disposition that we should proceed in the prisoner's defence, and that they would remove every reticulation, which had been previously imposed. I was stopped in what I was about to say by Judge Chase telling us to go on as we saw fit, and address the jury on the law as well as the facts, as we thought proper, but at the same time he said it would be under the direction of the court; and at our own peril, or the risk of our characters, if we conducted ourselves with impropriety. This had rather a contrary effect on my mind than that of inducing me to proceed, as I did not know that there had been any thing in my conduct so indecorous as to make it necessary to remind me, that if I proceeded, it should be at my own peril and risk of character; and this expression, therefore, rather strengthened than lessened the determination which I had taken.  I have said if Judge Peters made use of a single expression on the first day I did not hear it, or have forgotten it. On the second day he spoke, and joined Judge Chase in urging us to proceed, in the prisoner's defence. He told us we might take as large a scope as we pleased; said he knew the Philadelphia bar would take the lead; and asked, if they [the Judges] had committed an error or got into a dilemma, would we not permit them to get out of it? I mentioned in this or some other stage of the business, that

I deemed it the constitutional right of the prisoner to be heard by himself or counsel in his defence: That it was the constitutional right of the jury to hear counsel on the law as well as the facts; that it was their constitutional right to pass between the prisoner and his country on both, and that it was the constitutional right of counsel to be heard by the jury on the law as well as the facts. If I did not deliver myself in these precise words, I am confident that the substance is the same, and that there is no material difference in the sense. I also mentioned that I considered this a great constitutional right, which should never be surrendered or sacrificed by me. Of this expression I am sure. And I added that I never had, nor ever would in a criminal prosecution address a court either on the law or the facts: In this I find however that I was mistaken; for I recollect, though from the hurry of the moment I did not then, an instance where in a criminal case I did address the jury on a point of law, which was separate and distinct from the facts. Judge Peters remarked that no harm could arise from the papers, [containing the opinion of the court] as they, or the copies had been called in or collected, and either burnt or destroyed. To this I answered, that although the papers were or might be destroyed, the opinion which the court had formed, without hearing the prisoner's counsel, still remained, and could not be erased from their minds, and would be as injurious to my client [the jurors being present and having heard what had passed] as if the papers had not been destroyed.
When Judge Chase said, that we should read no common law authorities, or decisions under the statute of Edward the third, before the revolution in England, I said that we meant to contend that what was the law of treason in England under the head of "levying war," was not in all respects law here; that we did not mean to cite any cases before the English revolution to prove what the law of treason was, or for any other purpose than to shew the dangerous lengths that the judges had gone while they were corrupt and dependent on the crown; that, although since the revolution in England the judges had been independent and upright, they had in a variety of particular cases held themselves bound by a train of former decisions which had taken place in bad times; but that the judges in this country in the construction of a new instrument of our own, defining the offence of treason, were not bound by any of the decisions or constructions which had taken place in England under the statute of Edward the third; and that the authorities we meant to cite were intended as a guard against the dangerous constructions which had prevailed in that country. It was not therefore to shew what the law was, but to guard against the dangers of constructive treason; and to shew that our judges were not bound by the English decisions, that we had read them before & intended to read them again. This principle we contended for before, and meant to contend for again; and we were principally led to it, from Mr. Sitgreaves, who had assisted the district attorney on the former trial, having begun by stating "that the words of our constitution respecting treason are taken from the 25th Edward 3d, and therefore the people of this country had, by adopting the words of that statute, adopted all judicial determinations under it." This position we could not agree to, and the cases which had been read were merely intended to shew and guard against the dangerous lengths to which we should be carried, if it were admitted to be true. Judge Chase asked if the counsel offered to read cases from any foreign country, (mentioning several with whom we had never been connected) was the court to permit them? We in reply said that we had not cited such cases on the former occasions, and it was not likely that we should attempt it now.
Finding that Mr. Dallas and I were determined not to proceed in the prisoner's defence, Judge Chase said, if we intended to embarrass the court, we should find ourselves mistaken, as they would proceed without us, and by the blessing of God render the prisoner as much justice, as if he had the aid of our counsel or assistance. Both the Judges, therefore, on the second day even took pains to induce us to proceed in the defence with liberty to go through the whole question as well in relation to the law as the facts; but we absolutely refused, believing it not likely, that any arguments we could urge, would change the opinion of the court already formed or destroy its effects, and also believing that after what had taken place, the life of Fries, even if he should be convicted, would be exposed to less jeopardy without our aid than it would be if we should engage in his defence.
Mr. Nicholson. You say that on the first trial of Fries you were allowed the usual latitude. What do you mean by usual latitude?
Mr. Lewis. We were allowed to address the jury on the law as well as on the facts. We were allowed the privilege of reading to the jury all such law authorities as we thought applicable, and as might, under the direction of the court tend to satisfy them, that the doctrine contended for on the part of the prosecution was not well founded. We met with no restraint or interruption, not having that I know of, given occasion for either.
Mr. Nicholson. Were you on the first trial allowed to read the statutes of the United States?
Mr. Lewis. Unquestionably—I have the notes in my pocket from which I spoke on that occasion, which I can produce if desired.
Mr. Nicholson. Were you allowed to read cases before the revolution as well as since?
Mr. Lewis. We were; we did to shew the extravagant lengths to which constructive treason had been carried, and not what the law actually was.
In answer to an interrogatory.
Mr. Lewis said that he did not read the opinion of the court which had been handed or thrown down—that he had never read it in his life.
Mr. Randolph. If not the oldest, are you not an old practitioner at the bar, and have you not been frequently employed in criminal cases?
Mr. Lewis. I was admitted to practice in the court of Common Pleas in November 1774, and in the Supreme court in April 1775, & I have been employed in a pretty extensive practice almost ever since. Immediately after the British left Philadelphia in 1778, I was engaged for one hundred and fifty three persons charged with treason or misprision of treason. I defended almost every man of them that was tried; and since that time I have been concerned in perhaps more capital cases, particularly for treason, than any other gentleman in Pennsylvania compared with our business in other respects.
Mr. Randolph. Did you ever see such a proceeding as that which took place on the bench in the case of Fries; or did you see any thing before, to induce you to abandon the defence of your client?
Mr. Lewis. This question seems to be a pretty general one, but if—
Mr. Key. If I understand this question, it is calculated to draw from the witness an opinion, instead of a narration of facts.
The President desired Mr. Randolph to reduce his question to writing.
While Mr. Randolph was engaged in penning it,
Mr. Chase said he had no objection to the question being put.
In the mean time the question in writing had been handed to the chair, and been read by the clerk.
The President said the objection being withdrawn, the question would be put unless objected to by any member of the Senate.
No objection being made,
Mr. Lewis answered. No, I did not—It was entirely novel to me.
Mr. Randolph. And yet you have been present at criminal trials, at trials for treason, when there was a vast number of civil actions on the docket?
Mr. Lewis. Criminal trials for capital offences are generally tried before the court of oyer and terminer in Pennsylvania, where there is seldom much interference with civil suits.
At the circuit court of the United States in 1794 there were I believe many civil cases. Judges Iredell and Peters presided. I do not know,
or believe that the circumstance of their being civil cases occasioned the least variation in the mode of procedure in the criminal cases.
Mr. Lewis said he had one thing further to state, that Mr. Dallas and he withdrew from a desire to save the life of John Fries, and because they thought it most likely that it would be effected by doing so, and not because they were influenced by any other considerations, and that had it not been for this consideration, he would have persisted in the exercise of what he deemed his professional rights until he was actually stopped by the authority of the court.
Mr. Harper. Did you not appear for Vigol?
Mr. Lewis. I did.
Mr. Harper. With what overt acts was he charged?
Mr. Lewis. The overt act was levying of war, particularising the time and place.
Mr. Harper. I will ask you whether on the trial of John Fries in 1799, in which Mr. Dallas and you appeared as his counsel, you did not make this point of law—that to resist by force the execution of a particular law of the United States does not amount to treason, but to riot only? Or what was the point of law?
Mr. Lewis. On the first trial of Fries we made this point of law. Before the trial before judges Chase and Peters came on, I had considered the subject with great deliberation, and my determination was to insist, that, although resisting the laws generally or even a particular law respecting the regular forces or militia of the nation was treason, yet that resisting any other particular law was not treason.
Mr. Harper. Was not the same point made on the first trial?
Mr. Lewis. It was.
Mr. Harper. Was it not ruled by the court that such acts amounted to treason?
Mr. Lewis. It was.
Mr. Harper. When then the court granted a new trial did they express any doubt on this point, or was it not granted on collateral point?
Mr. Lewis. The new trial was granted solely on a collateral point.
Mr. Harper. How long did the trial last?
Mr. Lewis. I cannot tell; but it was a very long trial.
The point of law was argued to the fullest extent, and we quoted all the authorities we thought relevant. I was assisted by Mr. Dallas. We spoke very fully, and were laid under no restrictions. At the last trial we meant to have also taken other ground, and to have contended that the trial could not take place in Philadelphia, but must be in the county in which the offence had been committed, according to a law of the United States, which provides that in capital cases trials shall take place in the county where the crimes are committed, unless this cannot be without great inconvenience. This we had before contended—and had been then over-ruled because it was alleged the county in which the offence had been committed was not free from a state of insurrection or the effects of it. At the time of the last trial, there was no insurrection in the county where the offences charged against Fries had been committed, and we believed him therefore entitled to a trial in that county.
Mr. Harper. Did any part of Judge Chase's written opinion go to this point?
Mr. Lewis. It was not mentioned to the court, as Mr. Dallas and I determined to have nothing further to do in the case.
Mr. Harper. Why did you abandon that part of your client's case? It was a new point, upon which you might have had the decision of the court.
Mr. Lewis. I did not wish to have any thing more to do with the case, after the manner in which we had been treated by the court.
Mr. Hopkins. Did not the court ask Fries whether he would have counsel assigned him?
Mr. Lewis. I believe there is no doubt of the fact.
Mr. Randolph. I understand you to say that by withdrawing from the defence of Fries, and the not having counsel assigned him, you expected to serve your client. Wherefore did you think the cause of your client would thereby be served?
Mr. Lewis. It appeared to me that the conduct of the court justified us in withdrawing, after not being suffered to go on in the usual manner, and I thought it more probable that a man, thus convicted, would be pardoned by the President, than that we should be able by any thing we could say, to alter the opinion of the court.
Mr. Nicholson. Were the jurors present?
Mr. Lewis. They were—called over as usual, but I do not know that they were called for the trial of Fries. It was I believe usual to call over the list on the morning of each day.
(To be continued.)
Foreign Intelligence.
We learn by the brig Washington, from Teneriffe, that two or three days previous to her failing a packet arrived there with the intelligence that Great-Britain had declared war against Portugal, and that the former had attacked and taken possession of Madeira.
N. Y. Merc. Adv. March 16.
PHILADELPHIA, March 16.
From Europe.—By the ship John and Alice, arrived at this port, from Liverpool, in 43 days, London advices have been received in this city about 8 days later than those received by the Flora. We have not received papers by this vessel, and can therefore form no judgment but from the few extracts published in an evening paper.
The pacification, between France and England, of which so much was said about two weeks since, and on the probability of which persons in this city had begun to speculate, is scarcely mentioned. In fact the idea of such a peace was in itself ridiculous; Bonaparte no doubt proposed a pacification, but knew perfectly well his terms would not be accepted—it was a politic step on his part, as it shewed to Europe that if England pleased the war would end, it shewed to the people of France that their government was ready to enter upon negotiation on the terms to which England had before consented, and it told the people of England that their government prolonged the war. The rejection of the offer, by England, was a matter of course—for, as Britain is now situated, peace would be equally as dangerous, or more so, than a continuance of hostilities.
The accounts of the state of affairs on the continent are extremely contradictory, and indeed coming from English prints, none are entitled to much credit. Russia is represented as willing to be subsidized by England, and in the next paragraph it is said Russia, Prussia, and Austria have entered into a league to preserve a continental peace. It is stated that the English minister would lay before parliament subsidiary treaties with Russia and Sweden, which, if true, will remove all doubts of a continental war. France, aware perhaps of the effects of British intrigue and gold, was forming an immense army in Hanover, so that should war break out, Swedish Pomerania becomes a prey at once, and France can proceed in her scheme of shutting the British out from a commercial intercourse with the continent. Prussia remains firmly attached to France, and is said to have advised
Sweden not to engage in war, and to refuse the solicitations of England as it was the determination of the king of Prussia to protect the tranquillity of the north. The English prints pretend that there had been some change in the conduct of Austria towards France, that the intercourse between these powers had not continued as friendly as formerly; but these accounts do not merit regard. It is certain that Denmark has refused all participation in hostilities.
The advices are so contrary, and so little to be relied on that no opinion can well be formed of the condition of the relations between France and the northern powers; whether war will ensue or not, it will but prolong the fate of England, for it is utterly impossible to lessen the influence of France or to raise that of England—the one contains above one fourth of the whole population of Europe, besides an influence over nearly another fourth; it is the richest in resources and most powerful in the number and skill of its armies and officers; it is independent of contingencies; its inhabitants pay no taxes of any kind, that signifies; its government is solely under the guidance of the first soldier of the age and certainly a man of very superior talents in every respect—whereas in England the government is every thing, it depends upon its navy, commerce and colonies for its existence, its commerce is shut out of almost every port in Europe, it has not a single foot of territory on the continent, its inhabitants are loaded with taxes of every kind, it has no internal resources, dependent upon us and others for the means of subsistence for its people; its only resource is to bribe some of the powers on the continent, and they will fight with but little vigor or effect against the French, and no longer than England can pay 50 or 60 millions pounds sterling per annum. Under such circumstances, it cannot be supposed that England will ultimately prevail, she will in self defence prolong the war, and its duration will be in proportion to her ability to raise money.
Our former advices stated that the prince of peace had been seized in Spain, that his influence in favour of France would now be lost, and that the Spanish government was in a state of distress and confusion—all this is contradicted by the late accounts, the prince of peace remained in power, had addressed the army and navy of Spain upon the opening of the war, and appeared determined to carry it on with the utmost vigor. Every thing in Spain bore the appearance of zeal and activity, and it was supposed, from the forces collecting at St. Roch, that Gibraltar would be speedily attacked. Spain had solicited Portugal to shut her ports against the English, which will no doubt be done.
Aurora.
Captain McClure, has obligingly furnished us with London and Liverpool papers to the 31st of January.—On a hasty perusal of them, we find but little of importance, except the Debates and the various papers of the Spanish negotiations previous to the eruption between the English and Spain, which fill many columns of the papers.—The Spaniards seem to exert themselves in preparations for war.
True Amer.
Last evening, arrived the ship John and Alice, captain McClure, in 43 days from Liverpool, by which we have London papers to the 29th, and Liverpool, to the 31st inclusive, from which we have only time to extract the following:
CONSTANTINOPLE, Nov. 30.
The Spanish Envoy has received, by a courier, who had an incredible quick passage, the intelligence of actual war between Spain and England, and he has communicated it to the Porte, which has caused a great sensation in the Divan. It is thought that this news may effect a change in the present political system of the Porte.
MADRID, Nov. 20.
Since the appearance of Admiral Nelson's fleet before Barcelona, great fears are entertained for Minorca. This island, whose means of defence are not very formidable, would be an important acquisition to the English; the works of Mahon are in a very wretched condition, and the garrison does not consist of more than 1000 men.
December 16.
A part of the garrison of this metropolis, has received marching orders, but their destination is not known.
Eight regiments of Infantry, and several companies of artillery, are on their march to the camp of St. Roch, which, added to other formidable movements, leaves no room to doubt of its being the fixed determination of our government to make an attack on Gibraltar: this important place, in the hands of the English, has long enough been a monument of our weakness; and it is now time to wipe away the foul disgrace. Every thing announces an unalterable resolution not to spare our enemy in a single instance.
CADIZ, Dec. 15.
Admiral Gravina is shortly expected here from Paris. All ships of war here, and at Cartagenas, are fitting out, and many seamen are levied.
MILAN, Dec. 17.
Mr. Livingston, the late envoy from the States of North America to Paris, has arrived here; he is making a journey into Lower Italy.
Frontiers of Russia, Jan. 1.
M. D'Oubril, late Russian Charge d'Affairs at Paris, has since his return been appointed a Counsellor of state, rewarded with considerable presents, and employed in the department of Foreign Affairs.
VENICE, Jan. 2.
Orders have been given to fit out at Venice, in a short time, twenty-two corvettes from 12 to 18 guns.
We are assured that General Mack will have the command of our strong cordon of troops on the Italian frontiers.
Stockholm, Jan. 12.
Accounts from St. Petersburg state that the greatest activity prevails in the dock-yards, both at Cronstadt and Revel; at the former place several new ships are building. A formidable fleet, it is said, will soon be in a state of readiness.
From Berlin we hear that the late encroachments of the French in Hamburg, and the seizure of Sir George Rumbold and the Messenger, have ever since made his Prussian majesty view all the motions of Bonaparte with jealous eye.
PARIS, Jan. 7.
We have received an account from Antwerp of a desperate scuffle having taken place between some American sailors, who were attacked by a party of Spanish sailors, who supposed them to be English. Many lives were lost on both sides, and several very severely wounded.
January 9. Our government had several important difficulties with Count Cobenzel, the Roman Imperial Ambassador here, relative to the affairs of Italy, which have given rise to many false reports. There is no doubt, however, that those apparent differences will soon be terminated in an amicable manner.—Our funds have again assumed their usual position, and are now between fifty-seven and fifty-eight.
The siege of Gibraltar, which the English have now had in their possession exactly a hundred years, is to be undertaken with from eighty to a hundred thousand men.—The camp at St. Roch, will be more numerous than during the American war.
LONDON, January 26.
Last night dispatches were sent from the Admiralty to Admiral Cornwallis, off Plymouth with orders for him to resume his former station with all possible dispatch.
There is a report in the city that Bonaparte had resolved to send M. Schimmelpennick to London with pacific overtures. It produced a slight rise in the funds. We attach no credit to the report.
The report of the capture of Minorca, by Lord Nelson, is probably well founded.—The enterprise and promptitude of the gallant admiral would in all likelihood induce him to think of attempting that important Island, after having intercepted the reinforcement destined for it.
The grand Chamberlain of Russia, who was sent to this country some months ago on important business from the court of St. Petersburg, is about to return. The Chiffonne frigate has been ordered to convey him to Gottenburgh.
January 29.
It is stated with confidence that Lord Melville is very shortly to retire from the Admiralty and that Lord Spencer is to be his successor. Upon the various and intricate interests which such a change must naturally involve, we are not forward to enter into any abrupt and premature discussion.
Yesterday dispatches were received from Admiral Cochrane, off Ferrol. They state, there was reason to suppose the French fleet in that port would endeavor to put to sea, having since the war commenced, been completely fitted out by the Spanish artificers.
No less than sixteen Spanish prizes, exclusive of the Amphitrite frigate, have been carried into Gibraltar.
The loan intended to be negotiated for in March, is not, we are well assured, to exceed the sum of Twelve Millions; the rest of the supplies being to be raised within the year.
The Batavian Directory of State, have proposed provisionally, to the Legislative Body, to consent to the levy of one per cent, upon the capital.
The Courts of Vienna and Copenhagen, have declared, in answer to the Circular Note of M. Talleyrand, respecting the Ministers of Great Britain, whom Bonaparte professed to put out of the protection of the public law, that they cannot recognize so extraordinary a principle.
The King of Prussia does not discontinue the marks of his discontent at the detention of the papers of Sir George Rumbold; and it is in consequence of this Sovereign's known indignation, that these papers have not yet been published by the government of France.
Austria, Prussia, and Russia, are represented as being far advanced in negotiations, of which it is the object to maintain the peace of the continent, and to guarantee it against encroachments upon the part of any other power.
HOUSE OF COMMONS, Jan. 23.
The House in a committee of supply, agreed to the following resolutions:
"That 120,000 men, including 20,000 marines, be voted for the service of the navy—that a sum not exceeding 3,880,000l. be voted for 13 months pay of the said number of seamen and marines, at 17. 17/6 per month per man—That a sum not exceeding 2,961,900l. be voted for provisions for the same, at 17. 18/6 per month per man. That a sum not exceeding 4,680,000l. be voted for the wear and tear of the ships, at the rate of 3l. per month per ton."
CORN-EXCHANGE, LONDON, Jan. 28, 1805.
The fresh importations of Wheat, for this day's market, are rather short, and there being many buyers, that of good quality readily goes off at an advance. Barley obtains about 2s. per quarter higher price.—Wheat is in plenty, and heavy sale, with the two descriptions of beans, which have little fluctuation. Oats are quoted nearly as last week. Fine Flour advances in price.
Wheat, 86s. 100s. 114s.
West-India Trade.
NORFOLK, March 15.
A society has been formed at Nassau, New-Providence, under the name of The Marine Society of Crooked Island, for the purpose of assisting, according to the circumstances of their case and the state of their funds, such unfortunate mariners as may be brought there in distress.—Ledger.
NEW-YORK, March 11.
Translated for the Mercantile Advertiser.
ARRETE.
General Ferrand being informed that the prescribed regulations to prevent clandestine commerce, on the coasts of St Domingo occupied by the French, are not strictly attended to in some of the arrondissements, and being fully determined to re-establish therein that order which the interests of government require, as well as those of merchants of probity and good faith:
Desirous, moreover, of deriving some sort of compensation from the advantages which accrue to foreigners from the trade in Mahogany, Dye, and Guaiacum Woods, without encroaching the duties of exportation, and only using the power belonging to every government to insure the subsistence of the people:
Has decreed, and decrees as follows:—
1. No captain of a vessel cleared out from the windward and leeward islands, excepting, however, those coming direct from the main and the islands of Porto-Rico, Cuba and Curacoa, shall be allowed to load with Mahogany, Dye, and Guaiacum Woods, unless he has brought a certain quantity of flour, according to the size of his vessel, at the rate of one barrel for every two tons.
Every captain of a vessel coming direct from the United States of America, is under obligation, in order to be authorised to load with Mahogany, Dye, and Guaiacum Woods, to bring in a certain quantity of flour, according to the capacity of his vessel, at the rate of one and a half barrel for every two tons.
2. The Flour which every captain, wishing to load with Mahogany, Dye, and Guaiacum Woods, is obliged to bring conformably to the measures prescribed by the preceding article, shall be at the disposal of government, which if it be convenient to purchase the same, will allow a profit of twenty per cent above the price of purchase in the United States, and will repay every kind of charges which upon examination shall be found to be correctly stated.
3. The price shall be paid immediately, one half in cash, and the other half in drafts from the cashier general of the imperial treasury, payable at sixty days sight and whose guaranty is verified by the letter which his excellency the minister of marine and of the
colonies has addressed to general Ferrand, the 30th Messidor, year 12, of which the following is an extract.
"These drafts ought to inspire the more confidence, because the funds assigned to them are put in reserve in the public treasury, and nothing can alter their destination."
"You may consequently, fir, give to every person to whom you will cause them to be delivered, the most positive assurance that they will be punctually paid as they will fall due."
4. All the flour, other than that to be put at the disposal of government in virtue of the first article of the present decree, and on the conditions enumerated in the third article, cannot under any pretext, be put in requisition; and the captain may dispose of the same as he may think fit.
5. Every captain who shall not have conformed himself to the regulations expressed in the first article of the present decree, shall be liable to pay twenty-five per cent. instead of five, for the duties belonging to government upon the exportation of Mahogany; six dollars instead of three, for the duties upon Dye; and four dollars instead of two, for those upon Guaiacum wood.
The general consents, in the mean time, that captains of vessels arriving from the windward and leeward islands before the 11th March, 1805; and those arriving direct from the United States before the 10th April, 1805, having no flour on board, may load with Mahogany, Dye, and Guaiacum Woods, by paying the duties imposed by the article of the 1st Ventose, year 12, provided they furnish sufficient sureties to fulfil, within two months, the obligations expressed in article 1, or those designated in the first paragraph of the present article.
6. It is expressly forbidden to all captains of vessels, other than the St. Domingo coasters, to anchor, without a written permission from the general in chief, on the coasts of this island occupied by the French, except in the ports of Santo Domingo, Samana, and Puerto-Plata. If unavoidable events constrain them to it, all kind of commerce is interdicted to them.
Every captain of a vessel in contravention with the dispositions expressed by this article, shall pay a fine of five hundred dollars, for which his vessel will be the guaranty. And the inhabitants, who shall be detected trading with him, shall pay a similar fine of five hundred dollars, to be levied on all their goods, &c.
7. No captain shall be allowed to load with Mahogany, Dye, and Guaiacum Woods, on the coast of Saint Domingo occupied by the French, without having previously cleared out from the port of Santo Domingo, with an order from the general in chief, which shall be given to the captain by the collector of the customs. That order shall be valid no longer than twenty days, and will serve for once only.
Any vessel found on the coast loading with woods, and which shall not have cleared out from Santo Domingo, with the order of the general in chief, shall be confiscated and sold.
Every proprietor or farmer, whose woods shall have been drawn for the purpose of loading a vessel in contravention, shall pay a fine of one thousand dollars.
8. There shall be appointed in each arrondissement on the coasts a surveyor under the denomination of inspector of the coasts: This inspector shall act in concert with the military commandant, to prevent all species of fraud and of monopoly. He shall have the right of calling upon the armed force when circumstances may require it.
9. [Relates solely to the distribution of the fines.] 10. The present arrete shall have its effect from

It will be published to-morrow morning, and proclaimed through the city in the usual manner.
The Council will meet this evening to open the port for Dry Goods, on the same terms as during the last war; and you may calculate with certainty that in less than five days it will be opened for Dry Goods (cotton excepted) as well as for Flour and provisions, &c. All British property in port is seized and detained.
If you or your friends should have property or funds in Spain, this will be the moment to order your correspondents to vest all you have in Bills on the Havana upon private merchants. These bills may be purchased soon in Spain at from 15 to 25 per cent. under par (well indorsed) and are generally regularly paid here; but you must recollect that twenty days grace are allowed here on bills; consequently if bills of that description are sent out here to load a vessel, they ought to precede the vessel some weeks, as it would be ruinous to keep her until payment is made. In this country, if you receive Sugars for the best bills before due, you must allow a discount of 6 1/4 cents per arroba for every month the bill has to run. This generally amounts to from 4 to 6 per cent. and which the best men have to pay if they purchase on credit.
A detachment from the British squadron is off the Moro, and boards every vessel going out or coming in. Claret wine is as low as 62 dollars, and oil 9 dollars, in consequence of an arrival from Bordeaux. Merc. Adv.
Domestic Intelligence.
PHILADELPHIA, March 14.
An English public vessel, called the Buoy , has arrived at New-York, having dispatches from the West-Indies for Mr. Merry; this vessel had on board, at the time of arrival, and we presume yet retains on board, twenty American seamen, who had been impressed—they probably belonged to the ship Manhattan which had been recently captured by the Buoy . It is suggested whether this vessel does not come within the object of the law lately passed by Congress, entitled an act to preserve peace in the harbours of the United States. It is full time that we began to manifest resentment, and as this vessel was on public service, a refusal to admit her in our ports would have the greatest effect.
The following is another late instance of British violence; such outrages must sooner or later be resisted, or our estimation in the eyes of the world must decrease as rapidly as it has been raised within the last four years: The Schooner Betsy and Jane , Captain Isiah Hammond , arrived at Wilmington, N. C. on Friday the 15th ult. in 33 days from Trinidad. Coming through the Sombrero passage, on the 19th January, lat. 17. 34, long. 63. 59, was boarded by the English privateer brig Cri , of 18 guns and detained 4 hours. Captain Hammond had furnished the following account of the treatment he received from the British commander: On coming within gun shot he fired two guns at the Schooner, one of which passed very near under her stern, he then sent an officer with orders to bring Capt. H. on board the privateer with his papers, which being complied with, the captain saluted him with "you damn'd rascal, why did you not heave to sooner?" Capt. H. replied he did heave to as soon as he discovered he was a man of war. The English Captain ordered the boatswain to take the American Captain to the gangway and give him fifty lashes, which however was not put into execution. He then ordered Capt. H. to return to his own vessel, heave out his boat and return to the privateer, with a threat that if he was more than one minute and a half about it, he would fire a shot through him. In the hurry of Capt. H. to comply therewith his boat was wassled, & thereby became so leaky, that it required the greatest exertion to keep her above water in returning to the privateer, on coming alongside of which the English captain observing the situation of the boat, ordered her to be shoved off and rowed round the brig. Capt. H. was then suffered to come on board, but not until the main ropes were taken in, in order to add to his inconvenience in getting on board, in a rough sea. After a detention of 4 hours the English captain wadded up the papers of Capt. H. and threw them on the deck, and calling him a damn'd rascal, told him to take his papers and go to hell. (Aurora.)
NEW-YORK, March 13.
Nine American seamen were released on Sunday from the British armed brig Buoy . Merc. Adv.
The British official paper, the New-York Gazette , has published some information respecting impressed American seamen, who were on board the British sloop of war Buoy , lately arrived at New-York with dispatches for Mr. Merry. According to the official account fifteen seamen were taken out of the American ship Manhattan , lately captured by the Buoy ; these were released at New-York—two others were impressed from the brig Traveller , and have also been released—the remaining three were impressed but were refused to be given up, as it was declared they were British seamen. The Buoy , therefore, has filed back to the West Indies, having these three men, claiming to be American citizens, still on board. The vessels, to which these men belonged, are now under the protection of some merciful judge of a British court of vice-admiralty.
Another instance of British outrage is given in the following extract—it is wonderful that the British should be so blind to their own interests as to suffer such depredations upon our commerce and insults to our flag—they must know that, in three or four ways, we have them completely in our power, and it is only from respect for our own government that efforts are not made to provoke public resentment—it should be remarked that most of the outrages lately suffered by our seamen, were committed by national vessels and not by privateers:
Capt. White , of the brig Betsy , from Hayti , informs that on his outward passage, off Jacmel , he fell in with his Britannic majesty's ship La Franchise , commanded by the hon. capt. John Murray , who lent his lieutenant on board; capt. White received him politely, and offered him for examination the brig's papers, together with the role d'équipage, and men's protections. The lieutenant took the role d'équipage and called over the men's names, directing them to pass in view before him, and selected four who appeared to be the best seamen in the vessel, and ordered them into the frigate's boat. Capt. W. declared the men should not quit the brig, that they were American citizens, and that their protections would prove them to be such. The lieutenant said he did not care a damn for their protections! that the frigate wanted men, and that men he would have. A scuffle ensued, in which the lieutenant seized capt. White by the collar, and, on his mate's interference, he received the same compliment.
As the frigate was at this time within hail of the brig, capt. White thought it prudent to defer from further opposition, relying on the honor of her commander for redress. He accordingly sent his mate on board her, with his papers and the men's protections; but he re-
ceived the same villainous treatment from capt. Murray , as was offered capt. White by his lieutenant. He refused to look at the role d'équipage, and refused to deliver up the men, damn'd their protections, and threatened also to detain the mate.
Such conduct as this calls loudly for the interference of our government. This is not a solitary instance, but one among many others of equal atrocity. The Ocean is swarming with British cruisers, whose commanders are guided by no law, but their own power; and educated by no principles of justice, nor any sense of propriety; they forcibly take our men, without regard to their country or protections.
The names of the men taken from Capt. W. are as follows: Thomas Knapp , born in New-Buryport; port ; John Evans , born in Virginia ; John Blume , born in Philadelphia , where his mother now lives; and Joseph S. North , born in Chester county .
Capt. White has entered his protest against the conduct of Captain Murray , & forwarded it to Washington . Aurora.
In our paper of yesterday we stated under the Philadelphia head the account of capt. Hidellus of the Bordeaux Packet , of the impressment of twenty American seamen by the British sloop of war Buoy . We have since been informed that fifteen of these men were part of the crew of the Manhattan , sent into Bermuda by the Buoy , and that these men were discharged from the Buoy while in this port. Two others were impressed from the brig Traveller , who have also been landed here. The other three have been detained as British seamen. The men from the Manhattan , were not impressed but detained for the purpose of being put on board that ship in the event of her being acquired; but on application from Mr. Fairlie the Deputy Mayor, that they might be landed in New-York, Capt. Byram the commander of the Buoy , sent them on shore. N.Y. Gaz.
From the Hartford Mercury.
MORE BRITISH AMITY.
The following was handed us for publication by capt. Richard Bunce . I failed from New London on the 16th November 1804, in the Schooner Ann , of Hartford , bound to Point Peter , Guadaloupe , according to orders—where I arrived on the 12th December following. After selling part of my cargo I failed for Martinico to dispose of the remainder; on the 23d December was taken by the British ship Imogene , commanded by Henry Vaughn , Esq. who impressed two of my men viz. Henry Kibourn , of East Hartford , and Sylvanus Alford , of West Hartford , both Americans, and had with them their regular protection which were presented him but to which he paid no regard.
He then sent a prize master on board with four men, and sent me into Antigua for adjudication, where my papers were sent on shore to the agent and attorney for examination, who finding they could not make a prize of me, I was liberated. When at sea, after being taken, I received great abuse from capt. Vaughn , as also from a pretended gentleman Lawyer by the name of Taynton , of St. Vincent , who had taken passage on board said ship for Barbadoes .
RICHARD BUNCE.
Wethersfield, Feb. 25, 1805.
NEW-YORK, March 16.
Capt. Boyd , who arrived here yesterday in an Albany sloop, is said to bring advices that the Bill for incorporating the Merchants, Bank , passed the Senate of this state on Wednesday by a majority of four. Merc. Adv.
The frigate John Adams which lately arrived here from the Mediterranean is, we understand, immediately to undergo some repairs with a view to her return to that place. A rendezvous is also immediately to be opened for the raising of 500 men for the Mediterranean service. It is the object of government to send this reinforcement as soon as may be to that quarter, for the purpose of enabling Commodore Barron to make a successful attack on the enemy. We trust the ensuing summer will see either the haughty Bashaw reduced to submission, or his castle laid in ruins; in either of which events the main object of the war would be obtained—the power and pride of Triopolit would be humbled. N.Y. Daily Adv.
An arrival at Salem from Marfeilles brings an article of intelligence which, if it could be depended upon, is interesting. The Captain informs that "on the 2d of January he was boarded by a boat from the fleet of Lord Nelson and informed, there was a prospect of peace between the United States and Triopolit very shortly." It is probable that some negotiation may have taken place between Commodore Barron and the Bashaw since our last advices from the Mediterranean , and it is far from certain. And though some intercourse had occurred, it by no means follows that a speedy peace would be the result. Id.
The governor and council have appointed Joseph H. Nicholson , Esq. agent to negotiate the sale of the flock in the bank of England, belonging to this state. [Balt. Tel.]
The president of the United States, left Washington City on Thursday last, on a visit to Monticello .
General JAMES WILKINSON , has been appointed by the President of the United States, Governor of Upper Louisiana .
NORFOLK, March 16.
We understand that Jerome Bonaparte and his fair Spouse , left Baltimore on Sunday last, in the ship Erin , bound for France . [Herald.]
Disputes.
NEW-ORLEANS, February 14.
On Saturday last arrived in this city, Dr. Hunter , who was appointed by the president of the United States, conjointly with Mr. Dunbar , of Natchez , to explore the Ouachita river, and its borders, on his return from his tour. These gentlemen have completed the object of their mission, and have procured materials for an accurate chart of the river, and the immediate country it passes through. The doctor gives a flattering account of the country, generally, through which he passed. He found a great variety of soil and situation—sometimes a low flat country, whose surface is overflowed by the river in the wet season—sometimes high and elegant, and at others broken, and rolling—but generally fertile and capable of the highest cultivation. He ascended the river about five hundred miles, and found it uniformly gentle and beautiful—the velocity of the current not being more than half a mile an hour from 80 to 100 yards in width, and capable of being navigated with boats, (with but few obstructions, which are easily removed) as high as the Little Missouri , a distance of 450 miles. The doctor, who is a chemist and mineralogist, found few objects worth notice. Iron could not be found in sufficient quantities to justify the erecting a furnace, and no other mineral of sufficient consequence to be named. Coal was found in places, but not in abundance, and of a very inferior quality. The country abounds in salt springs, some of which are of equal strength with the water of the ocean. He visited the famous medicinal, or hot springs of Ouachita and found them amongst the greatest natural curiosities in the country.
They issue from a hill or mountain, of upwards of 200 feet in height, and near 100 from its base; and on immersing the thermometer, it rose in some to 130, and in others to 150 degrees, Fahrenheit; the surface of the ground for some distance round, is so warm, as to be felt by the feet in walking over it, and snow melts on it immediately as it falls.
The doctor is of opinion that they possess extraordinary medical virtues.
From the information we have obtained from doctor Hunter , and other gentlemen who have visited the Ouachita country, we are induced to believe that there are few parts of Louisiana , that hold out greater temptations to emigrants. Situated on a fine river; a variety of soil; eligible situations; a pure salubrious atmosphere; and mild temperate; climate there are advantages of which few parts of the world can boast.
THE following beautiful translation of a Persian Song, is from the pen of Sir Wm. Jones , a man whose various and sublime attainments in literature and science render him one of the brightest ornaments of his age and country.
A PERSIAN SONG.
SWEET maid, if thou wouldst charm my sight, And bid those arms thy neck infold; That rosy cheek, that lily hand, Would give thy more than delight Than all Bocara's tainted gold, Than all the gems of Samarcand. Boy, let thy liquid ruby flow, And bid thy penfive heart be glad, What e'er the frowning zealots say; Tell them, their Eden cannot flow A stream so clear as Razmabad, A bower so sweet as Motellay. O! when those fair perfidious maids, Whose eyes our secret haunts infest, Their dear destructive charms display; Each glance my tender breast invades, And robs my wounded soul of rest, As Tartars seize their defin'd prey, In vain with love our bosoms glow: Can all our tears, can all our sighs, New lustre to those charms impart? Can cheeks, where living roses glow, Where nature spreads her richest dyes, Require the borrow'd gils of art? Speak not of fate:—Ah! change the theme, And talk of odours, talk of wine, Talk of the flowers that round us bloom! 'Tis all a cloud, 'tis all a dream; To love and joy thy thoughts confine, Nor hope to pierce the sacred gloom. Beauty has such resistless power, That even the chaste Egyptian dame Sigh'd for the blooming Hebrew boy; For her bow fatal was the hour, When to the banks of Nilus came A youth so lovely and so coy! But oh! sweet maid, my counsel hear (Youth should attend when those advise Whom long experience renders sage) While music charms the vacant ear; While sparkling cups delight our eyes, Be gay; and learn the secrets of age. What cruel answer have I heard! And yet, by heaven, I love thee still; Can aught be cruel from thy lip? Yet say, how fell that bitter word From lips which streams of sweetness fill Which naught but drops of honey sip? Go boldly forth, my simple lay, Whose accents flow with artless ease, Like orient pearls at random flung; Thy notes are sweet, the dangle say; But O! far sweeter if they please The nymph for whom these notes are sung.
ROBERT GAMBLE & SONS,
HAVE FOR SALE, AT THEIR STORE IN THIS CITY, ON THE MOST REASONABLE TERMS: LONDON particular Madeira Wine in gr. casks, Old Sherry Wine in do. West-India Rum, Whisky and Brandy, in hds. tiers and gr. casks. Brown Sugar in hds. and barrels. Brimstone, Alum, and Copperas. Snuff in bottles, assorted in small casks. Cotton and Wool Cards, sorted in boxes. Spinning Cotton in bales, and Feathers. Ozanbrigs, Hessian Rolls and Ticklenburgs. German Scythes, Cutting Knives, and Whet Stones. Blistered Steel, Bar Iron and Nails, Pots, Dutch Ovens, and other Cast Iron & hollow ware. Patent Shot, Black Pepper, Salt, &c. &c. They continue to receive country produce on storage, and dispose thereof, as commission merchants, on moderate terms. March 23.—(e Tu. 4w.)
TRAYED from the subscriber, on the 14th day of February last, about six miles from the Coal Pits, in Chesterfield county. TWO MARES, one a black about 4 feet 9 or 10 inches high, 12 or 13 years old, paces naturally, somewhat rubbed with the gear, and had all round. The other a yellow bay, about 4 feet 10 inches high, 7 years old, a small star in her forehead and a snip on the nose, one hind foot white, and had all round. Any person that will deliver the said horses to me in Charlotte county, near Bibb's ferry , or lodge information with the printer hereof, shall be handsomely rewarded. HELLERY MOSELEY. March 23. epf
MR. ROBERT HILL,
SIR, PLEASE to take notice, that on the 30th day of this present month, between the hours of ten o'clock in the morning and six o'clock in the evening of the same day, at the house of Christopher Loving in Fluvanna , I shall proceed to take the depositions of Patrick Williamson and others, who are witnesses for me, in a suit now depending, in the County Court of Fluvanna , in which I am Plaintiff, and you are Defendant. PETER H. WARE.  Fluvanna, March 23.
FIFTY DOLLARS REWARD.
LOST, on Tuesday evening last in Manchester , a Memorandum Book, containing ten tobacco notes, inspected at Manchester Warehouse , in the name of the subscriber, 2 hds. of old tobacco at Johnson's Warehouse , in the name of William Williams , and one hhd. in the name of Wm. Hamlin , at Trent's . The book also contained a few bank notes, three bonds for a considerable amount, due to the subscriber, and sundry other papers of no value to any person but the owner. The above reward will be paid to any person who will deliver the said Memorandum Book, with its contents, to Messrs. Pollok, Treadway & Co. of Manchester , or the subscriber living in Halifax county . The public are cautioned against purchasing the above tobacco, or trading for the bonds, as measures have been taken at the Warehouses to stop the delivery of the tobacco, and to prevent the payment of the bonds at the houses where they became due. JOHN CLARK.
Table with 4 columns: No., Net, Gross, No., Net. Includes items like March No. 45, Johnson's - 120, and a total row at the bottom.
ENQUIRER.
RICHMOND, MARCH 23, 1805.
POLITICAL VIEWS.
THE United States at this moment exhibit a political spectacle, full of the most delightful attractions, and almost unprecedented in the annals of the world. A society disturbed by none of the privileges of rank, by none of the artificial distinctions of political or ecclesiastical establishment; where every free man is considered as equal in the eye of the law, equally entitled to its protection, and shut out by the fewest possible restrictions from an equal participation of power; a constitution originally derived from the will of the people, at all times subject to their control and correction, and securing a responsibility of its various functionaries in various ways and degrees, to its sovereign power; an administration acting in the true spirit of the constitution, and exercising all its constitutional powers for promoting the greatest good of the greatest part of the community; supported by a majority, whose triumphant ascendancy relieves them from the necessity of compromising with their opponents, and from the fear of sinking beneath their influence; an undisturbed peace, without any entangling alliances with foreign powers, save only a war with the petty Bashaw of Tripoli, which serving at once to exercise the activity and improve the discipline of our necessary maritime force, has contributed to exalt the infant reputation of our navy; at home, no terrors of a civil war; factions expiring; the republican party increasing in numbers, and increasing in conciliation; harmony & serenity returning to the social circle; an increasing population, clearing and cultivating the land, drawing new wealth from their labour, and giving new graces to the landscape; our commerce extending into every sea, and multiplying the resources of the treasury; these constitute a group of political advantages which perhaps no other nation has ever enjoyed before us, and no nation of our own times can certainly boast. How long this unparalleled state of prosperity is to continue; whether a year or a century is to be the limit of its duration; there is no modern Sybill to predict. Still our present system will not have existed in vain, for the instruction of our posterity, should they only see it in its ruins, or in the records of history. They will have for their consideration a memorable experiment on republican governments. They will perceive the admirable structure of our constitution and the appropriate measures of the administration. We have almost realized, they will see, the most perfect idea of political power; where the fewest rights possible are given up by the people, to secure the remainder; where individuals are best protected from injury, and their private judgment most sacredly respected in every case, where the security of the government will permit. To a constitution thus wisely organized, and virtuously administered, they will not fail to attribute the tranquility, the security, the independent spirit and general happiness, which we possess. So sublime a spectacle as this cannot escape the observation whilst it excites the admiration of future times. Hereafter some patriotic Lycurgus may arise, who, profiting by the example of our country, may attempt to amend the institutions of his own.
Our system will not therefore have been established in vain, though it should not have been designed to exist forever. The history of it, while living, will kindle the emulation and animate the efforts of posterity. When departed, much as it may be admired, and even discourage the political reformer, it will still furnish him with some salutary admonitions. On the ruins of our government will be inscribed the causes of its desolation. The future politician will enquire, why a nation so supremely blessed in a republican constitution; so singularly exempted at one period from the despotism of its government, should at another moment have exhibited a very different scene. They will examine whether the form of its government was too favourable to the encroachments of power; or whether the people themselves were ignorant of their rights, too much engrossed by their own interests, and too indifferent about the conduct of their officers. Examples of this kind, will induce them to adjust the powers of their government on safer principles; or to accommodate the habits and knowledge of the people to the republican form of their government. Already has the fate of the French revolution convinced every enlightened nation on earth, of the folly and the mischievous consequences of a precipitate reform. Our own fate will hold up a memorable example to every nation, who is about to establish, or who already enjoy a free constitution, of the efficacy of those causes which may have led to our own, or may ultimately lead to their, destruction.
Having acquired most of the advantages of a good government, it should be the pride as it certainly is the interest of an American never to exhibit so melancholy a lesson: to new-poise the powers of our constitution, whenever experience suggests the imperfection, and to watch over the conduct of our rulers, with a vigilance, that never sleeps, and a spirit never corrupted by prosperity. As the most admirable expedient for the attainment of this purpose, let us exercise the rights which our government has respected with the most scrupulous propriety. Let individuals rightfully employ their time, their talents, their fortunes, or aught that belongs to them. To entrench, as little as possible upon the rights of private judgment; to leave individuals in the possession of all those rights, which are not essential to the preservation of the remainder: This constitutes the sum total of good government, and it is nearly an accurate picture of our own political system. To employ all their qualifications in the most patriotic manner; to extend the dominion of science and justice among all those to whom the influence of individuals can extend: it is this, which constitutes the most perfect condition of civilized society; & yet how far are we from attaining this enviable condition! If the maxim of Mr. Paine be correct, that "society is in every state a blessing; government even in its best state but a necessary evil," the truth can no longer be concealed, that though we are already possessed of the greatest political advantages, we are very far removed from the most enviable condition of society.
From this general prospect of the state of our country, will the reader for a moment descend to a view of some local and temporary concerns? Will he accompany me in a short tour through the United States, and see what political incidents are most worthy of his consideration at the present time? Perhaps we may find a few, which may at least, and in a very great degree affect our own, and the general interest. Let us enter the state of New-Hampshire, and we shall find the people deeply interested in the result of their next election for governor, and it is for the people, who decide the election; and it is for the people to determine, whether a state which has a republican legislature, and which gave an unanimous vote to Mr. Jefferson at the
last presidential election, should continue to be governed by a federal executive. John T. Gilman their present governor is now brought forward against the republican John Langdon the celebrated worthy of the revolution.
Entering the neighboring state of Massachusetts, the same scene meets our eye. The people are employed in canvassing the merits of the candidates. The newspapers of Boston and Salem teem with criticisms and calumnies. Tho' Massachusetts had not a republican Legislature, & gave an unanimous vote for the Jefferson ticket; and it remains for her inhabitants to determine whether governor Strong shall be replaced in the chair, or whether his republican rival Mr. Sullivan is to take his place.
When we arrive in Pennsylvania, a more important investigation detains our attention. It is not whether this or that man possesses more valuable qualifications for an office, but whether the constitution of their state is defective, and whether a convention shall be summoned for the purpose of altering it. Twice already has the constitution of Pennsylvania been amended, but it is still supposed to have defects, which recent events have brought into light. The refusal of Judge McKean to pass several laws, and to comply with some requisitions of the legislative body, have provoked an enquiry into the duration and powers of the executive; while the late acquittal of the Pennsylvania judges before the state have given some of the republicans a disgust towards the structure of the senate and the judiciary department. Hence the professed objects of the petition and remonstrance to be addressed to the legislature of Pennsylvania, are, 1st to abridge the patronage of the governor in the appointment of officers, 2d: to limit the duration the duration of the Senate from four to one year, and 3d: to make the judges elective and more responsible to the legislature. Time does not permit us to investigate the propriety of these amendments in themselves; or the abstract propriety of frequently changing a constitution or even of making such frequent attempts to change it. We announce but observe however that these efforts will probably lead to a long and warm discussion; on of some able men. The following proposition, which we find in a late Philadelphia paper, "The Freeman's Journal," the ardent enemy of the Aurora , demonstrates the probable activity of such an opposition.
PROPOSITION FOR FORMING "THE SOCIETY OF CONSTITUTIONAL REPUBLICANS." After a preamble, the plan states the principles and rules which they will conform. PRINCIPLES. 1. That we deem the Constitution of the United States, and of the State of Pennsylvania, the noblest invention of human wisdom, for the self-government of man. And we think that the motives and the cause, obvious, cogent, general, and conclusive; not fashions, doubtful, partial, capricious or speculative. 4. That we deem Legislative wisdom; Executive vigilance; Judicial independence; the trial by Jury; and the Liberty of the Press; the greatest political blessings enjoyed by the People of the Union, and of the State, under the guarantees of their Constitutions: And that in these respects, we do not think the provisions of the Constitution of Pennsylvania require alteration or revision.
RULES. Among these are the following: The foregoing Proposition for forming "the Constitutional Republican Society," being submitted to a number of the citizens of the city and county of Philadelphia, with a view to the present crisis of public affairs, it was Resolved, unanimously, That the same be published: And that A. T. Dallas, William Jones, George Loam, Richard Bache, jun. Peter Matthews, Samuel Miles, Samuel Wetherill, sen. Jonathan Boudard Smith, Peter S. DuBois, Guy Brown, Chandler Price, Edward Hutton, James Gamble, and Manuel Eyrissin, be requested to procure copies of the Proposition to be printed and circulated without delay, throughout the state.
At present we must leave the people of Pennsylvania to this most important discussion. Hereafter perhaps we may return to them. We have now arrived in the Territory of Orleans, at the mouth of the Mississippi. The same frugality of opinion and of interests is here displayed. Mr. C. C. Claiborne, the present governor, so popular at first, has drawn upon him some of the critics of Orleans. The papers are filled with attacks and vindications. He is charged 1st. with the want of decorum in settling some differences which had arisen at a Ball between the French and American officers, on this most important question: whether a waltz or a country dance should be the order of the night. 2dly. with suffering the Spanish commissioner the Marquis de Casa Calvo, to employ a civil tribunal under his own superintendence. 3dly. with assisting an American officer to elope with a young heiress of fourteen from her father's house. 4thly. with encouraging a habit of ostentation and revelry. These charges though zealously advanced, have been ably refuted. Mean time the Legislative Council of Orleans are advancing in the useful labor of giving a code of laws to their country. They have passed an act to regulate criminal prosecutions, an act concerning duels & alimony, an act recognizing the Battalion of Orleans Volunteers, and providing for a troop of horse. According to the last papers, they were employed in drafting a civil & criminal code, & in establishing a tribunal of commerce in New-Orleans. An important son except a natural born citizen of the U. S. those who have been naturalized, and citizens of Louisiana who resided therein on the 1st of April 1803, shall hold any office of profit, honor or trust, within the territory.
INDEX. The report of the testimony of Judge Chase's trial which we begin in this day's paper is copied from the National Intelligencer . In this day's paper the reader will find 1st. a series of commercial regulations, which will affect our trade in the W. Indies, and 2d. a series of accounts, proving the number of improvements of our seamen by British armed vessels.
Once more we resume the publication of the Rainbow . Some observations on this subject are necessarily postponed, till the next Saturday's paper. WILLIAM A. BENTLEY has obtained licence to practice the Law. Richmond, March 23.  CRUED TAYLOR. I SHALL in future be regular in my attendance upon the Superior Court of Chancery for the Richmond District, the Circuit Federal Court, and the Supreme Court of Appeals; and shall be particularly attentive to any business committed to my care, in either of these courts, as an Attorney at Law. As I purpose declining my practice in the counties of Cumberland, Prince Edward and Charlotte, any business which I may have in them uninished, any business, will be attended to in the two latter by Edward Booker, Esq. and in the former by Samuel Taylor, Esq. Letters addressed to me, by me, to the Farmville Post-Office, Prince Edward, will be conveniently received and attended to. March 23.

ON PUBLIC SCHOOLS.
THERE is no subject to which the attention of the public ought to be more frequently directed than the education of youth, and there is none to which the legislator ought to extend his fostering care.
When we reflect upon the advantages to a community which would be derived from the general diffusion of information amongst its members, we must at once perceive the interest which the subject creates.
The concurrent testimony of travellers and writers proves that this effect has been produced in Scotland. In that country a spirit of enterprise exists, which perhaps cannot be equalled in any other country of the old world.
But there is another benefit which a free people would derive from the diffusion of information amongst them which cannot be too highly appreciated.
which was put into the hands of the young peasant as soon as he had acquired a knowledge of his alphabet; and his first exercise in the art of reading, introduced him to the most mysterious doctrines of the christian faith.
But a difficulty here occurs which requires consideration. How shall the people be enlightened? Shall government take under her care the education of youth; shall she employ the resources of the people in disseminating information amongst them, or shall this subject be left to the enterprise and industry of individuals?
Its primary duty is to diffuse as much information as is practicable amongst all the members of the society.
The first part of that bill proposes that Aldea to be elected annually by the people should divide each county into convenient hundreds in each of which a school house should be built.
several counties would be very unequal, this mode is evidently to be preferred to the payment of these expenses out of the public treasury.
The second part of the bill proposes that the state should be divided into nineteen districts, in each of which an academy or house for a grammar-school should be erected.
To me it is evident that this scheme combines every advantage which the almost zealous friend of mankind could wish from a general system of education.
By Authority. AN ACT, Authorizing the corporation of George-Town, to make a dam or causeway from Mason's Island to the western shore of the river Potomac.
By Authority. AN ACT, Making an appropriation for completing the South Wing of the Capitol at the city of Washington, and for other purposes.
By Authority. AN ACT, Making an appropriation for completing the South Wing of the Capitol at the city of Washington, and for other purposes.
BRADDICK & SKIPWITH HAVE this day dissolved their partnership; for settlement of all accounts, reference is made to S. P. BRADDICK, who alone is hereby authorized to that effect.
BANK OF VIRGINIA. THE Shareholders are hereby notified, that the fourth instalment will become due on Friday the 6th of April, and will be received at the Bank and at the offices of Discount and Deposit at Norfolk, Petersburg and Fredericksburg.
BURR MILL STONES, OF ALL SIZES; and PLAISTER OF PARIS, of an excellent quality. FOR SALE, AS USUAL, BY WILLIAM DAVIDSON, near the Market.
NOTICE. THAT Mr. Anthony Dibrell of Buckingham county, is hereby fully authorized to make sale of one TRACT OF LAND, in Patrick, containing 5000 acres, lying on Dan river—three ditto in Grayson county, lying on the waters of Little Reed Island creek—two of a thousand acres each, and one of 500 acres; the said Dibrell will attend at next April Court for the sale of the said lands for and on behalf of NATHT ANDERSON.
FOR RENT: THE Large White House at Rocketts, formerly occupied by Mr. William Fenwick, and afterwards by Mr. Braxton Craddock. For terms apply to GALLEGGO, RICHARD & CO. January 11. (tf)
SPANISH HIDES. FOR SALE, a large quantity of Prime Spanish Hides, on moderate terms. Apply to the subscriber opposite the Post-Office, Richmond. MIGAJAH DAVIS. 2d Mo. 19th. (tf)
FOR SALE, By the Subscribers, at their PAINT & OIL MANUFACTORY, Water-Street, Norfolk: WHITE LEAD, Yellow Ochre, Venetian Red, Spanish Brown, Black & Lead Colour for painting roofs, Blue and Green in pots of 1, 2 & 3 lbs. each, Vermilion, Prussian Blue, Patent Yellow, Red Lead, Litharge, Sugar of Lead, White Vitriol, Ivory Black. Ground in Oil and in 28 & 14lb. keg. A L S O, 1200 gallons Dutch Linseed Oil, Spirits of Turpentine, Copal and Turpentine, Varnish and Window Glass, of all sizes. Orders for any of the above articles, left with Messrs. Prosser & Moncreiffe, Richmond, will be attended to immediately, by JOHN RORKE & CO. Norfolk, March 1, 1805. (eptf)
PHILADELPHIA BOTTLED PORTER. ORDERS for the above article, addressed to the subscribers (if accompanied with cash) will be placed in the hands of experienced bottlers, and promptly complied with under their particular direction, at the rate of one dollar eighty-seven cents and an half per dozen, bottles included. ISAAC W. MORRIS & Co. Brewers, Philadelphia. March 15. (4t)
IRISH Linens and Sheetings; Superfine Cloths and Cashmere; India, Italian and French Silks; Do. Mull Mull Muslins; Do. do. do. Hdkfs. Fancy Muslin, Vals and Shawls; Calicoes Muslins; Cambric Dimities & Calliscos; Laced Caps and Veils; Do. Hdkfs and Shawls; Do. Gloves and Mitts; Wasp Leather and Kid Gloves. For Sale by BARTLETT STILL. January 18. (tf)
JUST RECEIVED, and for sale at the Office of the ENQUIRER, a few copies of the following BOOKS: Moore's Anacreon, Life of Doctor Darwin, Report of the Trial of Lord Headfort, Graydon's Digest of the Laws of the U. States, Terrible Tragedy, Volney's View of the United States, &c. &c. February 5.
FOR CASH. Will be sold for cash, on Saturday the 30th inst. at the house of Mr. John Trabue, by virtue of a deed of trust from James Cheatham, to the subscriber to satisfy sundry debts therein mentioned. ROBERT GRAHAM. Manchester, 19th March. (eptd)
NOTICE. THE election for Common Council-men will take place on the first Wednesday in April next, in the different Wards of this city, to wit: In Jefferson Ward, at the Court-House—In Madison Ward, at the Eagle Tavern, and in Monroe Ward, at the house occupied by Mr. James Ogilvie as an academy. J. WHITELAW, Serjeant of the City of Richmond. (1 strawna) March 12.
CASH WILL be given for 12 or 15 BOYS, from 7 to 15 years old. Enquire of the Printers. Dec. 15. (eptf.)
TO RENT, AND POSSESSION GIVEN IMMEDIATELY, A TENEMENT on Shockoe Hill, adjoining the house now occupied by Mr. John McCredie, lately possessed by the Subscriber. There is on it a convenient Wooden House with two rooms, a closet and a passage, on the first floor. Two rooms and a closet above, a kitchen and three cellars below with a Smoke House and Garden. WM. LONG. January 17th 1805. (eptf.)
NOTICE. THE subscribers having put an end to their retail business, request the debtors to this firm to come forward, without loss of time, to have their accounts adjusted, and to pay what may be due. As great indulgence has been already given, further cannot reasonably be expected. George McCredie will attend at this place, for the purpose of settling the accounts, and receiving payments. Those who do not pay, or give satisfactory assurance of paying soon, must blame themselves if suits are instituted against them. ISRALE & MC CREDIE. Manchester, Feb. 5. (ep84v.)
VALUABLE PROPERTY FOR SALE. WILL BE SOLD, to the highest bidder, on the premises, on the third day of April next, at 12 o'clock, an undivided moiety in the two lots of ground, formerly the property of Andrew Ronald, dec'd, fronting the Basin of the James River Canal, near the center of the city of Richmond, with an undivided moiety of all the valuable buildings thereon, consisting of a large three story BRICK BUILDING, eighty feet in length, with four tenements, twenty feet wide and forty-five feet in length, with fire places on the first and second floors, roomy garrets in each, with large wheels fixed for hoisting and lowering packages, &c. with dispatch and ease, good dry cellars, with fire places in each. This house has been lately built and in good repair; adjoining is a well finished two story framed dwelling house, thirty-eight feet square, with two good cellars, with fire places in each for cooking, in the first and second floors are eight rooms and six fire places. Also, a small two story Brick House with four rooms, with fire places in each, convenient for a store or small family, likewise a small wooden building with a cellar, built for a kitchen, and may be used as a shop; also two stables and a carriage house. The buildings except the kitchen, stable and carriage house, are insured in the Mutual Insurance Company against fire in the state of Virginia, and the premiums paid. The lots front the basin on one side, and are bounded by Cary's street, and the street leading to Shockoe warehouse, on the two other sides of them, and are as convenient for commercial or other business as any in the city. The terms of sale, will be seventeen thousand dollars in ready money, the residue payable the fifth day of August next, for which residue, bond with approved security will be required. It is deemed unnecessary to state the great value of the above property, to those who reside in this city, but for the information of strangers, the subscriber begs leave to state, that the aforesaid property is immediately opposite the lower part of the basin of the James River canal, where all the produce of the upper country is landed; and to any person desirous of carrying on the commission business extensively, perhaps is superior to any other in this city. WILLIAM AUSTIN. February 8. (tf)
CHOICE LANDS—FOR SALE. A DIVISION of the famous Saur Town Lands having taken place between the heirs of James Park Farley, Esq. dec'd. and Col. John S. Farley and his sister Mrs. Elizabeth Morson, the subscribers, Robert Taylor of Norfolk, and Charles Duncan at Ross near Petersburg, are fully empowered by the said Col. Farley and Mrs. Morson, to dispose of their proportion, containing 12,892 acres, which are surveyed and laid out in eight lots, containing from 200 to 2800 acres, agreeable to plots in the possession of the said Duncan. The four largest lots are of excellent quality, each containing a considerable proportion of the richest low grounds, which produce tobacco of the very first quality, as has been experienced by one of the subscribers, who shipped it for a number of years. Those lands lie on Dan and Smith's rivers, in Rockingham county, on the borders of North Carolina, about 170 miles from Petersburg and Richmond. As there are seldom such lands for sale, they must be an object to those who want to purchase such as will produce fine tobacco, hemp and small grain. One third of the price must be paid in ready money, one third in twelve months, and the other third in two years, the purchaser giving bond with unexceptionable security bearing interest from the date if not punctually paid. Those who wish to purchase will be shown the lands by Doctor John C. Cox, living at Leesburg, near Rockingham Court-House, and the terms made known by ROBERT TAYLOR, or CHARLES DUNCAN. Petersburg, Nov. 24. (ept)
MAP OF VIRGINIA. PROPOSALS FOR PUBLISHING BY SUBSCRIPTION, A Map of Virginia: FORMED FROM ACTUAL SURVEYS, AND THE LATEST AS WELL AS THE MOST ACCURATE OBSERVATIONS. BY JAMES MADISON, D. D., PRESIDENT OF WILLIAM & MARY COLLEGE. To which will be added, A MAP of the greater part of the State of Ohio, from actual surveys; including the whole of the Virginia Military Tract; with all that part of the state West of the Ohio River, to the Indiana boundary line. The north-east corner of the Map will be ornamented with an interesting View of the City of Richmond. The size of the MAP will be five feet six inches in length, and three feet eight inches in breadth. An ingenious and skillful Engraver is engaged to execute the work, in a style not inferior to any similar work in the United States. CONDITIONS. The price to subscribers will be eight dollars, neatly mounted, colored and glazed. One dollar, (to lighten the great expense of publication,) to be paid on subscribing. To non-subscribers the price will be ten dollars. [COPY RIGHT SECURED.] In offering the above work to the public, the proprietors are sensible that excellence is not often attainable; but with candor and truth, equally remove from arrogance and partiality, they can say, that they conscientiously believe it has a just claim to the confidence and patronage of the people. A Map of Virginia has been long and anxiously looked for: None has been published, on the plan of the one now offered, for many years, when Augusta was the frontier country. The labor, expense, and apparent difficulties, in accomplishing so interesting a work, have deterred several from the arduous undertaking. The proprietors, finding that most of the other states had recently given encouragement to similar productions, and entertaining a high sense of the real dignity and importance of Virginia, embarked in the business, from a well grounded belief that the magnitude and utility of the work, would insure, if accomplished, a remuneration. And while Virginia is powerfully stimulated with the love of science and virtue, they hope and believe the will view domestic productions, which prove eminently useful, with a generous pride. Those gentlemen who take subscription papers, are requested to return them to the subscriber, in Petersburg, by the first day of May. The maps will be ready for subscribers in the course of the ensuing summer. WILLIAM PRENTISS. Petersburg, February, 1805. Subscriptions received by RICHARD & WOODLEY and others with whom subscription papers are lodged.
TO BE SOLD—FOR READY MONEY, IN pursuance of a decree of the Circuit Court of the United States, between Plinius Bond, attorney for the creditors of Ezekial Edwards, plaintiff, and David Roff, and others, defendants, in order to raise the sum of 7000 dollars, 40 cents, with the expenses of sale, A NUMBER OF SLAVES, and so much of that valuable Estate in the county of Campbell, known by the name of the OXFORD IRON WORKS, as shall be found sufficient to raise the said sum of money and the said expenses; the said land being now in the occupation of the said David Roff, and the slaves aforesaid, being on the land. The sale will take place at the Oxford Iron Works, in the county of Campbell, on Thursday the 11th of April next. The slaves are recommended to be very valuable. The land is so well known, as to render a description unnecessary. BEN. MOSBY, D. M. for JOE SCOTT, N. V. D. March 1, 1805.