The enquirer (Richmond, Va.), 1807-03-06 00:00:00

The Enquirer.
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE POST-OFFICE.....AT FIVE DOLLARS PER ANNUM.....(PAYABLE IN ADVANCE.)
NUMBER 96.]
RICHMOND, FRIDAY MORNING, MARCH 6, 1807.
[VOLUME 3.]
Letters
REMAINING IN THE POST-OFFICE, RICHMOND, VIRGINIA, FEBRUARY 28, 1807, WHICH HAVE NOT ALREADY BEEN ADVERTISED.
 A—Bourdet St. Aubin, James Allen, John Andren.  B—George Backus, Mr. Beard, William Ball, James C. Brady, John Bonnett, William Brame, Robert Blakey, William Breedon, William Bennett, C. A. H. Bradford, Francis Branch, Monr. Pole Bin-gry, James Brand, Mrs. Fanny Berlon.  C—John B. Clepton, Samuel Coleman, William Call, Asaph Chandler, Mrs. Letitia Crump, William Cumming, Charles L. Carter, Elias Carner, Charles Crenshaw, James Carter, John Caulfield, James Clarke, Edward Collier, George Carlson, James Callens, John Clarke, Richard Cooke, John Corson, Capt. John Craddock.  D—Jonah Dyle, Theodorus Doyle, George Dunn, Christian Dill, John Davis, Waller Dunn, B. A. Davidson, Abraham Dill, Capt. D. Denicke, Bartle Davis.  E—Asa Emanuel, John Earl, S. Emanuel, Finch Everage, Hezekiah Emberson, Dr. Geo. Evans, Samuel Ellison, Thomas Edwards, Rachel Ellison.  F—William Folt, William Fulcher, Jackson Frayser, William Flemming.  G—John Guerrant, James H. Gordon, John Guy, Charles Guequier, Mrs. E. Green, William Gibson, Peggy Geddy, Edmund Grady, Mrs. May Green.  H—Matthew Henderson, John Holman, James Harrison, Mrs. Francis Harris, Joseph Henderson, Daniel P. Harwood, George Harrison, Harry Heth, Hezekiah Henry, James Hurn, Samuel Harrison, David or James Housaway, William Harris, Capt. William Hoffman.  I—Thomas A. C. Jones, John Jordan.  J—Asaph Knight.  L—George Linley, Messrs. Luke & Co. John S. Lee, or Wm. K. Lee, Joseph Lord, Miss Polly Love, Mrs. Ann Lee, Wilshire M. Lewis, Capt. M. Lea, Capt. Adijah Luke.  M—William Mills, Miss Eliza Morgan, P. M'Mara, Thomas Mathias, Mrs. M. Marden, Samuel G. Marton, John Mason, Miss C. Morris, Thomas P. Miller, Thomas Maul, H. Mosby, Hugh Maffie, Joseph Merrick, Capt. Peter Manifold.  N—Francis Nugru, Joseph Noble, Peter Nelson. Edmund Northam, Lydia Neale.  O—William Oden.  P—David Peters, Charles Pencil, Mrs. C. Paul, Samuel Potter & Co. John Potts, Benjamin Pollard, Andrew Peery, Mrs. Pickering, Mrs. Patterson, Capt. Thomas Pryor.  Q—William H. Quarles.  R—Miss Anaky Reddie, Wm. Rose, senr. John Royker, Capt. Ro. Robinson.  S—George W. Sweeney, Mrs. E. Smith, John Sokenley, Peyton Southall, Miss Harriet Sawyer, Benjamin Shacklette, Mrs. Ann Sydney, Thomas Shearlock, Mrs. Antony Shelton, Wm. Strange, Wm. Stevenson, Capt. Wm. Saunders, Charles Schaff, Capt. Francis Smith, James Smith, Capt. David Saunders.  T—George Todd, John Turner, John Tinsley, Col. John Thornton, Beverly Turpin, John Taylor, Mrs. Amelia Taylor, Capt. Wm. Trabue.  V—Madame Vertilla, James Voshall.  Y—Levi Yale, Peter Yeaman.  W—Mrs. Wagman, Isaac Webster, John B. Winn, Joshua Walker, Edmund Webster, Thomas Watson, Mrs. Saml. Woodward, Thomas Wath, Miss Eliza D. Williamson, Mrs. Susanna Worley, Dabney Williamson, Majr. Thomas Ward, John J. Willis, Ann Williams, John Spottedwood Wellford, Samuel Wright, Edward Walsford, Robt. Wade, Thomas Warrell, Charles Willis. 
Sales at Auction.
On Wednesday the eleventh March, will be sold on the premises, THAT VALUABLE LOT, on Shockoe Hill, commencing in front at Mr. Pickett's corner, and extending to within 50 feet of the south west corner on the cross street. It has on it a well built Brick Office, and is situated within a convenient distance of the Capitol. The front being about 120 feet will be divided into three Lots, should it suit purchasers.—Terms made known on day of sale. TAYLOR & BROWN, Auctioneers. February 15.
THE Subscriber has commenced the practice of the Law, and has determined to procure it with the greatest facility in all the courts held in this place. He will, likewise, regularly attend the county courts of Goochland and Chesterfield. His Office is over the store of Mr. Burr, in the second house above the Eagle Tavern. Richmond, Feb. 27. WM. HAY, JR. eptf.
FOR SALE, TEN likely Virginia born SLAVES, most of whom are excellent house servants. For terms, apply to EDWARD HALLAM. Feb. 27. (S.W.)
By virtue of a Deed of Trust, executed by the subscriber, John Williamson, junr. to the other subscribers: Will be sold, on Saturday the 14th of the next month, for ready money, so much of the tract of land, whereon the said John Williamson resides, in Henrico county, as lies between the road, near his house; and the land of Dabney Williamson supposed to contain about one hundred acres; also, about fifty other acres of land, adjoining the land of Samuel Browning; and the land last mentioned, and being a part of the aforesaid tract, belonging to the said John Williamson. The proceeds of which sale are to be applied, in pursuance of the said deed, towards discharging such sums of money as shall have been paid by John Robinson, at the instance of the said John Williamson, together with lawful interest thereon; and also, the expenses attending the said trust, and the execution thereof; and the surplus by desire of the said John Williamson, is to be paid to Allan Pollak. The sale will be made in the afternoon of the day, aforesaid, at the Eagle Tavern, in the city of Richmond, by consent of the said John Williamson, who will previous to the sale, show the boundaries of the land to any person desirous of purchasing. JOHN WILLIAMSON, jr. NAT. SHEPPARD, JOHN SHEPPARD, B. TAYLOR. Feb. 27. (tdf.)
NOTICE. ALL those indebted to the Estate of the late CHARLES POTTER, deceased, are requested to make payment; and all those having claims against the said Estate are desired to bring them forward for adjustment to Mr. JOHN POTTER, Richmond, Mr. ROBERT CHRISTY, Philadelphia, or to THOMAS J. ALAN, Adm. March 3.
NOTICE. BY virtue of a Trust Deed executed to us by Mrs. Margaret West, we shall on Saturday the 28th inst. expose to sale by public auction to the highest bidder, for ready money, upon the premises: ALL the remaining part of that Tract, piece or parcel of Ground, heretofore undisposed of, situate, lying and being in the city of Richmond, and which is commonly called and known by the name of Queeney's Academy ground: or so much thereof, as may be sufficient to pay and satisfy two installments of 1000 dol. each, due to Mr. Yesmans Smith of the city of Richmond, and the cost and charges of executing this trust. SAMUEL M'GRAW, } Trustees. GEORGE FISHER, } Feb. 10. tdf.
BY consent of the parties, the sale as intended above, is postponed until Saturday next, the 7th inst. when it will certainly be made upon the premises; and by like consent, 60 and 90 days credit will be given for the purchase money; the purchasers executing notes, negotiable at the Bank of Virginia, with approved indorsers. The sale will be made for the full sum secured under the deed, by agreement of the parties. The Trustees. March 3.
NOTICE. ALL persons having claims against the estate of John Pendleton, esq. late of the City of Richmond, dec'd. are requested to exhibit them to either of the subscribers as speedily as possible. GEO. PICKETT, ROBERT POLLARD, CHS. JOHNSTON, N. SHEPPARD. Administrators. November 18. tf.
TO RENT, BRICK TENEMENT, near the Manufacturery of Arms, sufficiently large to accommodate a genteel family. March 2. E. HARVIE. 2t
To be sold to the highest bidder, on the premises, on Tuesday the 10th of March next, agreeably to the will of Lyne Shackelford, dec'd. THREE hundred and seventy acres of LAND, pleasantly situated on the Pienkankat River, commanding an extensive view of the Chesapeake, and affording the finest Fish and Oysters in abundance. The Land is of good quality, lies level, is well watered, and the form almost a regular square, two sides of which are bounded by the river and a navigable Creek, so that one half of the Land may be said to be enclosed by water. The improvements are a commodious Dwelling House two story high, Kitchen, Smoke-House, Overseer's House, Barn, &c. a very handsome young Apple Orchard of about four hundred trees of well selected fruit. Twelve months credit will be allowed the purchaser on giving bond with approved security to carry interest from the date which shall be remitted on punctilious payment. WM. CHAMBERLAYNE, Exr. N. B. Any person wishing to view the above, will apply to Mr. Spark, residing on the Land. March 3. tdf.
FOR SALE, THE BEAUTIFUL SEAT OF BELVIDERE adjoining this city, with four acres adjacent, or any additional quantity, not exceeding twenty, which will be bid off to suit the purchaser. The dwelling house contains on the first floor, a spacious dining room, a parlour, a small sitting room, a chamber and store room, with a passage through the centre of the building, and a correspondent number of apartments in the second story. To the principal buildings, are attached all the out-houses requisite for a large establishment, and the whole are in a state of good repair. Any person desirous to purchase, may know the terms, on which the above property will be disposed of, by applying to March 3. E. HARVIE. epfw.
RICHMOND TURNPIKE COMPANY. At a meeting of the Directors of the Richmond Turnpike Company, held at the Eagle Tavern, on Friday evening, the 20th February, 1807. RESOLVED, That the further sum of five dollars be paid on each share, held by the Rock-holders in the company to Nathaniel Sheppard their treasurer, on or before the first day of April next. A Copy. Teste, N. SHEPPARD, Clerk. (SIRA) February 27.
FOR RENT, A SMALL HOUSE near the Bank, lately occupied by Lewis Harvie, Esq. as an office.—Apply at the Bank. March 3. tf.
FOR SALE, THE HOUSE & LOT occupied by Messrs. Gilliat & Kirby's. The situation of this property is equal to any in Richmond for business, and possesses every accommodation for a family. Enquire of— THOS. NORVELL. Jan. 15. tf.
By virtue of a deed of trust, executed on the 24th day of May, 1805; whereby David Rofs conveyed to us, a tract of land called Coles, in the county of Goochland, containing by a then late survey, 1510 acres; also, another tract a small distance from that called Coles, containing 200 acres, more or less, it being the same land, that the said Rofs purchased from John Hughes and wife, and also the tract of land called Mount Prospect, the greater part of which lies in Fluvanna, containing by estimation 1200 acres, except 225 acres heretofore sold by the said Rofs, out of the said tract, to Samuel Pettit, to raise the sum of eleven thousand and four hundred dollars, with interest thereon from the 12th January, 1807, together with all charges and expenses of sale; and in pursuance of a requisition made in writing, under the provisions of the said deed; we shall on the 21st day of March next, before the front door of the Eagle Tavern, in the city of Richmond, sell for ready money, all and singular, the land and estates above mentioned, and at which time and place, conveyances will be made to the purchasers. A more particular description of the above property, may be seen by tracing the references contained in the said deed now of record, in the general court, under an acknowledgment of the same in court, on the 12th June, 1806. THOMAS NORVELL, W. ALLEN, WM. C. WILLIAMS. February 19. (tf.)
NOTICE. As it is my intention to settle in the state of Kentucky, I have, therefore, to request all those who have claims against me to come forward for settlement, on or before the tenth of March, that they may receive payment; and all indebted to make immediate payment, or bills will be instituted immediately. ROBT. CROUCH. February 20. tf.
LAND FOR SALE. By virtue of a Deed of Trust, executed by the late James Taylor of the county of New-Kent, and state of Virginia, dec'd. to secure the payment of a sum of money due by him to Gilliat and Mackinder: will positively be sold without reserve, on the twelfth day of March next, at New-Kent courthouse. THE following Tract or Parcel of LAND situate in the lower end of New-Kent; containing by a late survey, four hundred acres, commonly called and known by the name of Pond Marsh, which said tract or parcel of Land is bounded by the Lands of Thomas Piemont, Edwin Godwin, dec'd. Armitstead Russell and John Richardson, dec'd. and lately in the occupation of the said James Taylor. Terms of sale cash. THOMAS JORDAN, Trustee. February 6. tdf.
MAY be purchased on a long credit, and low terms, the TENEMENT on which the Subscriber lives, situated on Church-hill, within about one half mile of the Richmond market—containing 2 acres of ground, well enclosed and highly improved. The buildings consist of a large and well constructed Dwelling House, Laundry, Kitchen, Dairy, Smoke-House, two Stores, Brick-Office, Coach-House, Barn and Stable. All these buildings are well finished and in complete order for the accommodation of a large and genteel family; who may have easy access to all the advantages of the city, and live as retired as they could wish. JOHN ELLIS. January 6. tf.
JUST RECEIVED, A FRESH Assortment of Clarets Wines, Champagne, Moufieux by the box, Burgundy, Sautern, Vin de Grave, Lafitte, Muscat of Frontignac Wine Bitters—and also, a fresh supply of Olives, Capers, Anchovies, Cayenne Pepper, Mustard, Prunes, Raisins by the box, Almonds and Filberts. All kind of West-India Sweetmeats; all kind of Confectionery—and different articles of Perfumery—For Sale by ALEXANDER PLAINVILLE. Richmond, Oct. 17. (2aw6m)
A SIZE OF BREAD for the city of Richmond, from the 6th inst. until further orders (Superfine Flour being 7 Dollars and 34 Cents per Barrel) viz. A single loaf made of Superfine Flour to weigh 23 ozs. for 4 1-2 Ditto of Common Flour 24 4 1-2 Double the above wts. respectively 9 EDW. CARRINGTON, Mayor. January 6. tf.
THE SUBSCRIBERS, Having taken a House a few doors below the Bell-Tavern, offers For Sale, under the firm of WHITE & SHELTON, A GENERAL assortment of GROCERIES, which they will dispose of on very moderate terms, for Cash, Country produce, or approved paper. ISAAC WHITE, JOHN S. SHELTON. December 23. ep tf.
TO RENT, FOR one or more years, and possession given the first of May next. A TWO STORY BRICK HOUSE, in the town of Lynchburg, at present occupied by Messrs. William and James Morgan. The said house is an excellent stand for a store and capable of accommodating a genteel family; for terms apply to the subscriber living in Amherst county, near New-Glasgow. Thomas M. Cock of Lynchburg, or Mr. Daniel Warwick of Richmond. LINDSEY COLEMAN. Jan. 20. (sm.)
JOHN ALCOCK, INFORMS the Citizens of Richmond, and the public in general, that he has moved to the City of Richmond, where he has opened a complete assortment of Merchandise, next door to Messrs. Proffer and Meneure's Vendue Store, and opposite the Eagle; consisting partly of the following articles:— LONDON Spring, Pannel and hand-Saws, Casteel and German do. do. Casteel Files of every description, Till Locks, brass and iron, Wood Screws of every size, 1d. 4d. & 6d. wrought Springs, 10d. & 20d. wrought Nails, 2d. & 3d. fine drawn Clouts, Saddler's Tasks of every size, Brass Nails, Straining & Girt Webb, Plated Bridle Bits afforded, Do. stirrup Irons do. Brass mounted steel blade Squares, Brass and Iron chamber door Locks of every size, Stock Locks of all sizes, Looking and Ladies dressing Glasses, Plated Moulding, Silver mounted Whips of every size, Carpenters & Joiners Tools of every description. Also, an assortment of DRY GOODS. Superfine Cloths and Callimeres, Bennet's Velvet and Patent Cord, Manchester Stuff, Fashionable Silk Hose, Rose and Duffel Blankets, Coarse Linens and a number of other articles too tedious to insert; all of which will be sold low. December 18. tf.
JOHN ALCOCK, INFORMS his friends and the public, that he still carries on his CABINET MANUFACTORY in all its branches. He has removed his Ware-Room in the front house of William Art's, Esq. and adjoining the Fire Insurance Office, where he has a large quantity of ready made work on hand, which he will sell low. He flatters himself that if any persons are in want of anything in the Cabinet line, they may be supplied. I am determined to have good warranted work done on the lowest terms. Any orders left at my Ware-Room with Mr. John Gray, my foreman, or at my store, shall be punctiliously attended to, and great care taken in delivering the furniture. December 18. tf.
BELL TAVERN!! THE Subscriber begs leave to inform his friends and the public, that he has taken the house in Manchester, formerly called the Rising-Sun-Tavern, and occupied by Mrs. Leath, and having furnished himself with good Beds and the best of Liquors, Grain, &c. He flatters himself from paying particular attention, he will be able to give general satisfaction. ROBERT M'TYRE.
N. B. A Waggon and six Mules, a good Riding-Horse, and a Jack of good flock—for sale. Manchester, Dec. R. M. tf.
WANTED, FIFTY THOUSAND RED OAK BARREL STAVES. APPLY TO— THOS. RUTHERFOOD & Co. February 20. 4w.
THE SUBSCRIBERS, UNDER THE FIRM OF LESUEUR & SAUNDERS, Inform their friends and the public, that they will continue the COMMISSION business, lately done by C. & T. Saunders. They promise the strictest attention to the interests of those who may favor them with consignments. They are now receiving a general and extensive assortment of GROCERIES, which will be offered for sale, Wholesale and Retail, on the lowest terms and usual credit, in the store lately occupied by Messrs. William M'Kenzie & Co. opposite the Vendue Office of Messrs. Proffer & Meneure—among which are the following articles:
 BROWN SUGAR of superior quality,  Ditto ditto second ditto.  Bell Green Coffee,  Salt in Sacks,  Molasses and Treacle,  Pickled Salmon,  Scotch Barley,  Madeira, Port, Sherry & Malaga Wine,  Fresh Muscatel Raisins & Currants,  Soft Shelled Almonds,  Coppers,  Salt-petre,  English F. G. Gunpowder,  Patent Shot, well assorted,  Hibbert's Brown Stout and Porter,  Best Spanish Segars,  Caldwell, Frater & Co's Superfine Chocolate,  New-York Candles and Soap,  Spermacetti Candles,  Bar Iron, German, Crawley's & Blistered Steel,  Antigua & Jamaica Rum,  Very Old Antigua Rum  Holland Gin,  Cogniac Brandy, of very superior quality,  Race Ginger, Pepper, Pimento, Nutmegs, Mace, Cloves & Cinnamon,  Fresh London Mustard, in small boxes,  Belt Flotant Indigo and Fig Blue, of superior quality, in boxes of 20 lbs. each,  Fresh Capers, Oil, &c.  Fresh Gunpowder,  Tea in Canisters,  Ditto by the lb.  Young Hyson do. of the first quality,  N. England & Bullock's Chees. 
JOHN L. LESUEUR, C. H. SAUNDERS. October 10. tf.
DISSOLUTION OF CO-PARTNERSHIP. THE COPARTNERSHIP of C. and T. Saunders, is dissolved by mutual consent. All debts due by the concern will be adjusted and paid by Lesueur and Saunders, who are alone authorised to settle all claims due to and by the concern. C. H. SAUNDERS, TARLTON SAUNDERS.
N. B. Those indebted are requested to make immediate payment as no further indulgence can be given. LESUEUR, & SAUNDERS. Nov. 22. tf.
NEW STORE. TO BE SOLD CHEAP, OPPOSITE THE EAGLE TAVERN.
SIMPSON MORRIS, From London, begs leave to inform the public, that he has just imported from London, a large assortment of Fashionable DRY GOODS, fit for the approaching season, which he offers now for sale, on very low terms at the above house, viz.
 BLACK and Colored Men's, Women's and Children's Worsted Hose; also, Men's, Women's and Children's assorted White Cotton Hose of excellent quality, with and without Lace Clocks; also, Woolen Broadcloths, Plain Velveteens, Cut Velveteens, Corduroys, Thicksets, Bennett's patent Cord, Toilettes; Stocking-breches pieces, Swandown, Florentine Silk, Black Twilled Sartinet, Black and White French and Brussel Laces, Fresh new pattern Ribbands, Bandana Handkerchiefs; a handsome assortment of Printed and Twilled Shawls, Durants of different colors, Common and Fine 7-8 and 4-14 Irish Linen, Fine Long Lawns, Sheetings, White Corded Dimities, Cheque for Aprons, Bed Furniture, Printed Calicoes, a large assortment of Fine Plain and Fancy Mullin, Cambric Mullin; also, Real French Cambric, Red and White Flannels, Printed Dimity, Printed and White Quiltings and Maritelles, and a variety of other articles too tedious to mention. December 11. oawtf. 
3,000 wt. SALT PETER'D BACON, 1,000 wt. first quality N. ENGLAND CHEESE, 10 gross BOTTLED CYDER, A few buthels CLOVER SEED, 150 pieces PAPER HANGINGS. For Sale by EDWARD HALLAM.
Conflantly for Hire—An Excellent Carriage and Horses—apply as above. May 27. eof.
FOR SALE—OR RENT, MY TENEMENT in Manchester, pleasantly situated on the hill, which overlooks the Falls Plantation, and containing suitable accommodations for a family.—At any time when I may be out of town, application may be made to Mr. Henry L. Biscoe. January 22. JAMES HENDERSON oawtf.
A GOOD BARGAIN. FOR SALE,
THAT well known TRACT OF LAND, THE SABLING GROVE, thirteen miles below the town of Abingdon, in Washington county, Virginia, containing one thousand six hundred acres, and including the plantation whereon the late general Evan Shelby lived. The whole of this tract is level; great part of it is equal in quality to any land on the Western waters, has many very fine springs upon it, and a stream running through it, suitable for any kind of Water Works, at all seasons of the year.
As a purchaser would choose to view the premises, any further description of the Land, or of the valuable Farm thereon, is unnecessary. The title is indisputable. To prevent trouble, the price is ten thousand dollars, payable in three equal annual payments. Likely slaves will be taken for any part of the purchase money. ISAAC SHELBY. Lincoln County (K.) Nov. 28. 1a/10m.
THE FARMER'S VIRGINIA ALMANACK, for the Year 1807, printed by Thomas Ritchie, is now for sale, by the gross, dozen or single, at the ENQUIRER Book-Store. Also—A General Assortment of Lawyer's and Sheriff's BLANKS, just printed.
A GENERAL ASSORTMENT OF BLANKS, FOR SALE AT THIS OFFICE.
Printing, IN ALL ITS VARIETY, EXECUTED AT THE OFFICE OF THE ENQUIRER.
Europe.
(Official correspondence continued.)
(No. 9.) Downing-Street, 14th, June, 1806.
SIR, I have received, some days ago, the dispatch of your excellency, dated the 2d of the present month. I do not conceive how, in treating with Russia and us conjointly, you have to recognize the principle of the alliance between her and us. At most, you only recognize the fact. Still less can I divine how this mode of treating supposes you in any state of inferiority. We by no means pretend to impose upon France either the conditions of peace, nor a mode of negotiating contrary to its usages. In 1762, an epoch which your excellency cites in your dispatch, we did not consider ourselves in a state of degradation; nevertheless, when M. de Vergennes told us it was necessary for the honor of his court, that we should treat with her conjointly with Holland and Spain, we adopted, without thinking we degraded ourselves in any manner, the mode to which that minister appeared to attach so much value. Your government wishes sincerely for peace: here it is equally desired; and I may nevertheless say of England, what your excellency says of France, that the prolongation of a war has never been prejudicial either to its glory or its greatness; perhaps it has to its real permanent interests, but equally so to those of France.
As to whatever there is of secrecy in our treaty of alliance with Russia, your excellency is too enlightened not to acknowledge, that as far as regards the war and the propositions to be made to Prussia and Austria, the secrecy was necessary. All that is over. To act in concert for the purpose of obtaining repose for Europe in the first place, and for preserving it afterwards, is the principal and I may say, the only object of our connection.
After the frank manner in which you disavow the intention that has been wrongfully imputed to you, with respect to what regards our continental connections, there can no longer exist the slightest doubt upon this most essential object; and it would be more distressing, that difficulties, which regard the form more than the substance, should cause a war to continue, which the two Governments wish to terminate. Let us come to what your Excellency proposes. The form which took place in the Administration of the Marquis of Rockingham, is the more present to my recollection, as I then had the same post with which his Majesty has been lately pleased to honor me. Let France and England change positions, and it is precisely what I have proposed. We then treated with France and her allies. Let France now treat with us and our allies. The bases offered in your second proposition are perfectly conformable to the views of our Government; it being well understood, that while we mutually acknowledge our respective rights of intervention and guarantee for the affairs of Europe, we agree also mutually to abstain from every attack on the states, which compose it, whether more or less powerful.
I should not have hesitated to regret your excellency at this discussion being finished. Provided we shall be able to act in such a manner, that nobody can reproach us for being wanting in good faith to an ally that, from every consideration, deserves an entire confidence on our part, we shall be content; and the more so, because we know that an honourable peace would be no less conformable to the wishes of Russia, than to those of France and England. I have the honor to be, &c. C. J. FOX.
No. 10.
SIR, I write two words to you, to inform you that I am perfectly satisfied with the wishes that you have again expressed for peace. Lord Yarmouth besides has my entire confidence. Every thing which he shall mention to you, you may consider as proceeding from myself. Time presses. Accept my best wishes. C. J. FOX.
London, June 14, 1806.
No. 11. [The credentials furnished Lord Yarmouth, in Latin, of no importance.]
No. 12 is a translation of the credentials.
No. 13.
The undersigned plenipotentiary of his Britannick majesty, before entering into the negotiation now pending between his sovereign and the court of France, conceives it necessary briefly to retrace the circumstances which had led to it. At the same time he thinks it conformable to the character of frankness and sincerity which, as plenipotentiary of his Britannick majesty, he is resolved constantly to maintain, to declare as the only basis on which he can consent to negotiate, the principle which France has herself set out with, as well as to desire the discussion into which he is ready to enter.
The strong and energetic language in which the French government expressed some months since its desires for peace, whilst it inspired his majesty with a confidence in the real sincerity of the desire of the French court, left him only the regret, that the proposal for treating with her, or separately with her allies, appeared to hinder France and England from availing themselves of this happy disposition of their respective governments, as at that time it was impossible for his Britannick majesty, conformably to the good faith which he has always manifested, to treat otherwise than conjointly with his ally the emperor of Russia.
From that time, when his majesty found that circumstances, which it is not necessary to detail in this place, permitted him to treat separately, it was with pleasure that he received the proposal of treating generally upon the basis of the uti possidetis , which ought scrupulously to be observed, excepting in the case of Hanover, which was proposed to be ceded wholly to his majesty.
It is true that this proposal was not made either directly or by the channel of an accredited minister, of its authenticity, however, not the slightest doubt could be entertained. Independently of the authority it received from the character of the person employed.

communicate it, it appeared that it was in perfect union with what had been already stated. "The emperor desires nothing of what England possesses." (An avowal made at the beginning of the correspondence between the two courts, was a natural prelude to such a proposal.)
His majesty looked on the cession of Hanover as a testimony of the spirit of justice in which the proposal had been conceived, because this electorate, although occupied on a supposed identity of interests and measures, formed, in fact, no part of the differences, which brought on the present war; and he has seen, in the principle until then acknowledged as the general basis of negotiation (a basis particularly adapted to the relative situations of the two parties) what he judged to be a proof that France was in like manner sincerely disposed with G. Britain to put an end to an order of things equally prejudicial to the interests of the two countries.
In fact, it appeared to his majesty to be the only principle on which a negotiation could probably be brought to a happy conclusion. Of the nature of the interests of the parties who participated in it, there was but little hope that any satisfactory arrangement could be made by way of reciprocal restitution, by giving up their respective acquisitions; whilst on the other hand, the principle of the uti possidetis naturally presented itself as the way to put an end to the unfortunate hostilities between the two nations, both of which are in possession of extensive and important conquests, with regard to territory and influence; France on the continent of Europe and Great-Britain in other parts of the world.
To his majesty this truth appeared still more striking on representing to himself, that both nations enjoyed in their respective acquisitions, a state of possession which could not suffer any important change by the continuation of the war; the superiority of the naval forces of G. Britain being according to all appearances not less firmly established by sea, than that of the armies of France on the continent of Europe.
It is under the impression which these ideas naturally produced, that his majesty without hesitating, accepted the proposal for treating on the principle of the uti possidetis , with the reserve due to the connection and concert, which subsisted with the Emperor of Russia; and as a proof of his sincerity chose the person, by whom this communication has been made, in order to announce the alacrity with which he has acceded to the basis produced for concluding a treaty.
The underlined is not disposed to conceal the satisfaction his majesty felt at these happy prospects of quickly restoring the blessings of peace to his subjects upon just and equitable principles, and which are conformable to the honour of his crown, nor the regret he felt when, almost at the very moment when his majesty's accession to the principle offered to his acceptance, was announced, this principle was suddenly abandoned, by the demand of the evacuation and reduction of Sicily, a demand, which hitherto has only been modified by schemes of indemnity for his Sicilian majesty, which appeared completely insufficient and inadmissible.
This demand, so incompatible with the avowed principles on which the two parties treat, was of itself sufficient to put an end to the negotiation; but the anxiety of his majesty the king of Great Britain and Ireland to concur with his ally the Emperor of Russia, and to secure to his subjects the blessings of peace, has induced him to receive any other new proposals that may be made, for procuring his Sicilian majesty, in exchange for Sicily, a real and satisfactory equivalent, which may obtain the consent of that foreigner.
No further proposal of this nature having yet been made, the underlined declares that he cannot consent to treat otherwise than on the principle of the uti possidetis , as originally proposed to his sovereign by the court of France. At the same time he desires that it may be well understood, that the adoption of this principle will not prevent his listening to a just and satisfactory indemnity to his Sicilian majesty, for the cession of Sicily, nor accepting any proposal for the exchange of territory between the two high contracting parties, upon just and equitable principles, and such as may tend to the reciprocal advantages of both countries.
The underlined is well aware that since the uti possidetis has been proposed by the court of France, peace has been concluded between France and the emperor of Russia, and consequently that the relative situation of the two countries is no longer the same; but on the contrary, he must also observe, that since that time France has acquired new advantages by the extensive changes she has made in the constitution of the Germanic empire, an arrangement the scheme of which was submitted by her to the court of G. Britain, as a powerful motive for the immediate conclusion of peace, on the basis of the uti possidetis . If then this principle appeared to be just and reasonable before, it cannot fail, at present, according to her own views of the object, to be still more favorable to her interests than to those of the British empire.
The underlined thinks proper to remark that although France may have other views of important acquisitions on the continent of Europe, his majesty the king of G. Britain and Ireland may justly have prospects in the other parts of the world, of infinite importance to the commerce and power of his empire, and consequently that he cannot, either conformably to the interest of his people or the honour of his crown, negotiate on any principle of interiority, declared or supposed. He can treat on no other footing than the supposition that the continuation of hostilities is equally disadvantageous to both parties. He can have no reason in it to suppose that the conquests which his majesty proposes to keep by the peace, could be wrested from him by war, and the underlined must suppose that the best proof of the equity of the basis on which he proposed treating, is to be found in the fact that they were proposed by France on the first overture of these communications between the two governments, which led to the mission with which his majesty charged him conjointly with lord Yarmouth.
Paris, 7th August, 1806. LAUDERDALE. (To be continued.)
LIVERPOOL, December 31. INDEPENDENCE OF POLAND.
In answer to the proclamation of General Dombrowski, in which he thanks the people of Poland for their alacrity in accordance with the wishes of their deliverer, the inhabitants in his interest have returned a declaration to the following effect:-
"The positive assurance which has just been given to the Poles, that, according to the will of our Saviour, the invincible Napoleon, all the forces of the nation are about to be united; and that General Dombrowski is authorized to raise, from the ruins in which our oppressors have left it, the national power which ought to receive new life; and he having, in consequence, awakened us from our political death, we, in full confidence, return him the following declaration. We will not only grant the number of recruits that are required, but will also give to all the new raised soldiers of the country, cloth, shirts, and shoes sufficient to equip them, as well as a month's pay; and if it should happen that we cannot deliver these articles in kind, we will agree with M. Sukiericki, president of the commissariat of Posen, for the said articles according to their value. This little sacrifice will prove to our liberator, that the only appeal which has been made to us, 'Become Poles!' has been sufficient to put into his hands our lives and our property."
* See that most able work, "War in Disguise," in which the subject is treated in a masterly manner.
consequence, awakened us from our political death, we, in full confidence, return him the following declaration. We will not only grant the number of recruits that are required, but will also give to all the new raised soldiers of the country, cloth, shirts, and shoes sufficient to equip them, as well as a month's pay; and if it should happen that we cannot deliver these articles in kind, we will agree with M. Sukiericki, president of the commissariat of Posen, for the said articles according to their value. This little sacrifice will prove to our liberator, that the only appeal which has been made to us, 'Become Poles!' has been sufficient to put into his hands our lives and our property."
The Emperor Napoleon soon after his arrival at Posen, gave a solemn audience to the deputations from the Senate, Clergy, and Nobles, & after hearing their address in Latin & French, he answered them in the following words: "Illustrious Nobles, show yourselves worthy of your ancestors; they dictated to the Princes of Brandenburg; Moscow was in their possession; they conquered Wittenberg, and thus delivered all the christian world from the yoke of the Turks. I am perfectly satisfied with all that I have seen of you, as well as with the reports of my Generals. I shall proclaim your independence at Warsaw. If the blood of the ancient brave Poles still flows in your veins, all of you will arm, and form the resolution to conquer or die. Your fate is now in your own hands. I expect to see proofs of your courage and bravery. Let me witness your zeal. Words or assurances do not satisfy me. Let me behold the cohorts of a noble army fighting by the side of my soldiers."
The Emperor Napoleon has reviewed the corps of Marshal Soult before Posen. The other corps of the French army are expected before that town, on their way to Warsaw, where the Grand Duke of Berg already is, with his van-guard, having entered it on the retreat of the Russians. The Emperor intends to go to Warsaw as soon as the troops have taken the positions assigned to them. The army supports itself on the Vistula, and the confederated Poles are encamped at Czestokow, so as to make part of the right wing of the army. Marshal Soult, with his corps, forms the left wing at Bialystok and Naidarzin. The Russians, at the date of the last accounts, were on the other side of the Vistula, and had their head quarters at Kamieniec; so that the French army was obliged to pass the river, in order to attack it. It is computed, that besides the 80,000 French troops which have gone to Poland, 50,000 more are on their march thither. Three thousand of the Polish Legion arrived in Frankfort on the 2d inst.
LONDON, January 1. Our differences with America are, it is said, on the point of being adjusted. We are glad of it; but we trust that no one principle which we contended for has been sacrificed. We are not desirous of war with America; but we should prefer war to the preservation of peace by concessions. WAR RATHER THAN CONCESSIONS! This should be our motto. This is not the time to make concessions. We must rise with the increasing necessity for vigour and exertion. Bonaparte is trying the experiment whether he can frighten us by decrees against our commerce. Let us prove to him, that tho' we love our commerce much, we love our national character more. Yet we lament to say that there are rumours of our having made great concessions to America—that we have absolutely given up the rule of the war in 1756.
The colonizing powers of Europe, it is well known, have always monopolized the trade of their respective colonies; allowing no supplies to be carried to them under any foreign flag, or on account of any foreign importers; and prohibiting the exportation of any produce in foreign ships, or to any foreign country, till it has been previously brought into the ports of the parent state. Such, with a few trivial and temporary exceptions, has been the universal system in time of peace; and on a close adherence to this system, the value of colonies in the new world, has been supposed wholly to depend.
In the war which commenced in the year 1756, and was ended by the peace of 1763, France, being hard pressed by our maritime superiority, and unable with safety, either to send necessary supplies to her West-India Islands, or to bring their produce to the European market under her own mercantile flag, resorted to the expedient of relaxing her colonial monopoly, and admitted neutral vessels under certain restrictions, to carry the produce of those islands to French or foreign ports in Europe. Of course it was carried either really or ostensibly, on neutral account; the object being to avoid the capture on the passage.
But the prize courts of Great-Britain, regarding this new trade as unwarranted by the rights of neutrality, condemned such vessels as were captured while engaged in it, together with their cargoes; however clearly the property of both might appear to be in those neutral merchants, on whose behalf they were claimed. As these vessels were admitted to a trade in which, prior to the war, French bottoms only could be employed, they were considered as made French by adoption; but the substantial principle of the rule of judgment was that, "that neutral has no right to deliver a belligerent from the pressure of his enemy's hostilities, by trading with his colonies in time of war, in a way that was prohibited in time of peace."
This limitation of neutral commerce is called the rule of the war in 1756—a rule founded on plainer and juster principles cannot well be conceived.—But ministers, it is rumoured, (untrue we trust) have given up this rule, which they are said to have countervailed, as they wilfully suppose, by a stipulation that the belligerent produce shall be taken to America, landed there, pay a duty of so much per cent. and be re-shipped for Europe. The only question on this point in discussion is reported to be whether the duty shall be one or two per cent !!!
But in the name of common sense, what advantage will accrue to this country from this regulation and duty of 1 or 2 per cent, even supposing it were strictly complied with? What motives have we for concessions to America? Have ministers forgotten the fidelity with which the stipulations of a former treaty, particularly in regard to the trade to India, were performed? It was agreed by that treaty that all goods brought by the Americans from India should be landed in America and re-shipped. But have ministers never heard of this provision having been evaded by merely laying the vessels on the ground, which was called a landing, and thus the expense and trouble of that operation were saved, and the vessel after this laying might put to sea again immediately?
If the rule of the war in 1756 has been given up, we will venture to predict, that in less than three years the carrying trade of this country will be annihilated.—War, therefore, with America, we say again, rather than concession! War with America rather than an abandonment of the rule of 1756!
FRENCH DECREES. The insurance companies of this city, on the receipt of the French decree of November 21, addressed to the department of state a letter requesting information on the subject. We learn that an answer to this application was this morning received from Mr. Madison. It refers generally for the information required, to the President's message, and adds that as a matter of security for the American commerce, Mr. Turreau had been induced to forward to the French West-Indies, copies of the explanation given to Mr. Armstrong by Mr. Dumas, minister of marine. Philad. Gaz.
FRANKFORT, Dec. 18. The sentences pronounced against several Austrian Generals and officers for their conduct in the campaign of 1806, have been published in a very incomplete manner. More authentic intelligence has just been received from Vienna, whence it results that General Mack has been condemned to be shot; but this sentence not having yet been executed, it is added that the punishment had been commuted by the emperor into perpetual imprisonment. Prince Auersperg was condemned to confinement for the rest of his days, and to the confiscation of all his property. The Emperor has also modified this sentence, by ordering that this Prince should be deprived of all his dignities, and be confined in a fortress for four years only. The chief of the staff of Prince Auersperg, M. de Theis, is broken and for ever declared incapable of serving. Col. Geringer, of the regiment of the Szeckler Hussars, who commanded the advanced posts at the bridge of Tebov, near Vienna, when the French crossed it on the 13th November, is put under arrest for two months only. Prince Auersperg had received formal orders not to burn this bridge, which orders were not executed. The Marquis Ghilferini, for having delivered up Cattaro to the Russians, is condemned to pass four years in a fortress in Transylvania, and to lose all his places and dignities.
The 18,000 French troops who formed part of the army of Holland, under the orders of his Majesty the king of Holland, are on their march for Poland.
Poll of the election of the Sixteen Peers of Scotland, Dec. 5th 1806.
THE CANDIDATES WERE THE FOLLOWING:
Table with 2 columns: Candidate Name, Votes. Includes entries like Errol 44, Elgin 46, Leven 44, Selkirk 46, Northesk 48, Balcarres 53, Aberdeen 43, Stair 44, Glasgow 50, Forbes 53, Cathcart 54, Epsinstone 53, Somerville 47, Montyre 57, Reay 45, Kinnaird 41, Strathmore 21, Kelly 85, Haddington 34, Dalhousie 87, Aboyne 83, Saltoun 6, Sempill 23, Napier 56.
The sixteen first were elected. All those chosen, with the single exception of Lord Aberdeen, were supported by the Earl of Lauderdale and his friends. None of the Royal Family voted, except the Prince of Wales as Duke of Rothesay.
From the London Evening Post, Jan. 1.
BRITISH NAVY.—The following is the state of the British Naval Force up to this day:— In commission, 153 ships of the line (81 of them are at sea); 13 of from 50 guns to 44 (8 of them are at sea); 163 frigates (123 of them are at sea); 190 sloops, &c. (145 of them are at sea); and 266 gun brigs and other vessels (201 of them at sea). Making a total of 765 vessels (558 of them at sea). In ordinary, 50 ships of the line; 19 from 50 to 44 guns; 52 frigates, 50 sloops, &c., and 12 gun brigs, and other vessels. Total 183. Building, 37 ships of the line, 32 frigates, 39 sloops, &c. 7 gun brigs and other vessels. Total 115. The whole amount to 1063 ships and vessels, of which 220 are of the line.
LONDON, Dec. 20.
A very extraordinary report has prevailed for days past in the city. It is stated that British ships of war are actually employed, with the consent of the Spanish government, in transporting the treasures of South America to Europe. It is said that seven millions of Dollars, already laden on board of an English frigate, in order to be sent home from New Spain, have been partly underwritten at Lloyd's; that the quantity of dollars expected to be thus brought to Europe, is 25,000,000, and that a British 64 is now on her way to receive a cargo of this valuable specie at Vera Cruz.
The following enumeration was, we understand, received on Thursday by government, whole dispatches from St. Peterburgh are of the 19th Nov.
Table with 2 columns: Country, Force. Includes entries like Poland, Russians 110,000; Cossacks 80,000; Prussia under Kalkreuth 25,000; Russians at Riga 80,000; In Volhynia 25,000. Making a total force of 221,000.
West-Indies.
CAPTURE OF CURRACOA.
KINGSTON, JAMAICA, Jan. 24. On Saturday night last arrived at Port Royal, his majesty's frigate Antelope of 40 guns, Captain Lydiard, from Curracoa, with 300 prisoners, and the colours captured at that island, which was taken in the most extraordinary and gallant manner, by a squadron of frigates, consisting of the
Table with 2 columns: Ship, Guns, Captain. Includes entries like Arethusa 34 guns Captain Brisbane, Latona 58 Wood, Anson 40 Lydiard, Fregard 53 Boston.
For skill in planning, singular boldness in executing, this event will rank amongst the first of heroic actions—it is indeed perfectly in unison with every thing glorious in the past, and an example of every thing great to the future.
As our squadron did not possess the means of laying regular siege to the place, Captain Brisbane came to the determination of failing into the port, and forming forts hitherto considered as impregnable, or perishing in the attempt, for retreat was impossible. The time chosen was day dawn on the morning of the first of January, when all the boats were hoisted out, and the squadron moved in with a strong breeze, the Arethusa leading. The enemy were panic struck at such unexpected temerity, all was confusion—here soldiers without officers—there officers without soldiers—a alarm drums beating in all directions; a British squadron in their very harbour, and within pistol shot of their batteries before they fired. Troops collected at Otr Brandy were prevented from crossing the water, our ships interposing; not more than three broadsides were fired from our frigates when the ships companies and officers of the Arethusa and Anson, with the marines of the Latona, headed by Captains Brisbane and Lydiard, were landed, Fort Amsterdam stormed, and all the out works had British colours flying before eight o'clock, fort Republic on the hill, and Caraccas fort excepted. The Fregard had orders to act against Otr Brandy, two batteries distinct
from the main land, she took possession of, to one of which the men absolutely swam, the enemy being previously dislodged.—The guns of fort Amsterdam were fired but once; on our people forming the place they did not act in a body, but retreated in confusion, firing round corners and from holes. The militia, amounting to 3000, had not time to collect, nor could they cross the water in boats. The Dutch frigate Kenau Hasker, was boarded by Captain Brisbane, the Latona warped along side and took possession, when Captain Brisbane proceeded for the shore. The Sumana corvette was boarded from the larboard bow of the Anson, while her starboard guns were firing at the batteries. The Flying Fish, a large National Schooner, was boarded by the boats of the Arethusa; the officers and crew of those vessels fought most gallantly; Commander Cornelius Vertz was killed; the captain of the Surinam mortally wounded, and the first lieutenant dangerously, besides several others. The moment the Town, fort Amsterdam, &c. were completely in captain Brisbane's possession, a lieutenant of marines was sent a flag of truce, requiring fort Republic to surrender. The officer discontinued firing, but would not surrender without an order from Lieutenant General J. P. Changnon, the Governor, who was at this time a prisoner, with all his Staff in Fort Amsterdam. We understand that captain Brisbane desired the Council to be collected, and gave them five minutes to capitulate for the whole island, but as they intreated for a longer period, it was extended to half an hour, in the mean time the most active preparations were made for storming this almost inaccessible fort. The ship's company of the Fregard, commanded by captain Botton, were in boats ready to proceed by water. The marines of the squadron, with about 800 sailors of the Arethusa and Anson, were prepared to advance by land, the remainder of the sailors on shore, including an Officer and sixty men from the Latona, manned such guns as could bear on the object of attack, every thing was ready on a signal being made, when a capitulation was signed, and the troops in fort Republic alone marched out with the honours of war, piling their arms and becoming prisoners. All private property is respected, and the troops to be sent to Europe and exchanged. Captain Botton took possession of fort Republic. Captains Brisbane and Lydiard landed nearly together, the former was the first man who scaled the wall, the latter the second, closely followed and supported by their respective officers and ships companies. Captain Wood remains afloat in the command of the squadron: about 200 of the enemy were killed; our loss is very trifling; had our ships been half an hour later in the attack, the slaughter must have been dreadful, nothing could be better timed. The cidevant governor comes a passenger on his way to Europe.
List of killed & wounded on board his Majesty's vessels: Arethusa—2 killed and 5 killed and 5 wounded. Latona—1 killed and 9 wounded. Anson—none killed, 7 wounded. Fregard—none killed, none wounded. Total—3 killed, 14 wounded.
We understand that there were upwards of sixty Spanish, French and Dutch vessels, exclusive of six or seven Americans, lying at Curracoa when that island fell into our possession: some of them are listed to be of great value.
Six Commissioners have been appointed to investigate prize concerns at Curracoa. Capt. James Athol Wood, of the Latona frigate, is the President.
A Superior brig, of 14 guns, Capt. Rushworth, failed on Tuesday morning for Great-Britain, having on board Capt. Lydiard, of the Anson frigate, the bearer of dispatches to the Lords of the Admiralty, announcing the capture of the island of Curracoa.
The Princess Amelia packet, Stevens, failed the same morning with aforesaid morning with a mail for Great-Britain, under the protection to a certain latitude of Le Guéran brig, of 16 guns, Capt. Clement.
The brig Fair Creole failed the same morning for Charlestown, by the permission of his hon. the Lieut. Governor.
The Arethusa frigate of 33 guns, Capt. Brisbane, arrived on Wednesday in six days from Curracoa, with the following vessels captured at that island, viz—Dutch frigate Kenau Hasker, of 35 guns and 170 men; do. corvette Surinam, of 22 guns and 90 men; do. fch. Flying Fish, of 14 guns and 50 men; and Spanish armed fch. Maria, of ten guns and upwards of 50 men. A great number of their men jumped overboard, and got on shore previous to their being taken possession of. The frigate is a fine vessel, only five years old, and built entirely of oak; she suffered much in her masts during the action.
The Dutch Governor and his family, the Fiscal and Commissary, fifteen ladies, and 25 officers, arrived in the Arethusa.
Capt. Botton, of the Fregard, remains as governor at Curracoa. Capt. Peebles, of the Royal Marines, is commander in chief of the forces, and Lieut. Scott of the same corps, has been nominated to the situation of Town Major.
The Latona frigate, of 36 guns, captain Wood, was to leave Curracoa for this island on the 11th inst. with 69 merchant vessels that fell into the possession of the captors.
The American sch. Felicity, from Baltimore bound to Cape Francois, with provisions, taken by a French privateer, and recaptured on the 10th inst. by the Hebe frigate, arrived the same day.
A Jamaica paper of the 24th Jan. states, that the Schooner Eliza had arrived there from New Orleans, with dispatches to the governor and admiral. They were supposed to relate to Burr's conspiracy.
Domestic.
NEW-YORK. ALBANY, Feb. 1. On Monday the new Council of appointment met for the first time, and commenced their operations by the REMOVAL of DE WITT CLINTON from the MAYORALTY of NEW YORK! They then concluded to rest from their labours till Wednesday.
Albany Register. Judge THOMPSON, who resides in this city, is the successor of De Witt Clinton. The citizens of New-York will no doubt express their gratitude to the council for taking the pains to send them a Mayor all the way from Albany!
It is rumoured, and we believe with truth, that a caucus, composed of Livingstons and Livingstons, has lately been held at Clmont—when it was determined to push forward the Ex-Chancellor for the next President, in opposition to Mr. Jefferson!
CHILLICOTHE, Feb. 12. The following is the deposition of John Smith, esq. relative to Burr and the questions to, answers of, Mr. Amos Smith, on the subject of his carrying a letter to Blennerhassett; both of which were reluctantly postponed last week for the want of room.
(COPY.) I do certify, that on 4th day of Sept. 1806, col. A. Burr, sent to my house in Cincinnati a pencilled note in the following words, to wit: Dear Sir, Being in a few miles of you, I send forward a young man to know if you have a room and bed for me, if not, tell me what tavern is best. Your affectionate, A. BURR. 4th Sept. I told the young man in reply, that col. Burr should be welcome to such accommodations as
my house afforded, for a few days. In a short time after col. Burr rode to the door, and I conducted him into my house where he remained some days; during which time I did not hear him utter a word about the separation of the union or the invasion of Mexico; Nor did I hear him say any thing about his projects, other than to settle a large tract of his Wahita lands. Some time after his departure from Cincinnati, I wrote him that it was currently reported, by many believed, he did meditate a dismemberment of the U. S. and I frankly represented my fears, that whatever his project might be, the tranquility of the western country would be interrupted, and that he moved in such mysterious suspicion would be attached to him; and I earnestly solicited a disclosure of his object; his answer is contained in a letter herewith, under the date of the 26th of Oct. last. The discovery of the above recited letter inspired my confidence.—And when he made his second visit to Cincinnati, in Nov. last, he disclosed his plan fully to my view, as I thought, which added strength to my confidence. He being about to take his leave of me, observed, Mr. Smith my object in a few months will be disclosed; you will not find it dishonorable or the mean artifices which are ascribed to me; Calumniators I do not notice, for as fast as you put one down another will rise up. This much I will venture to tell you; If there should be a war between the U. S. and Spain, I shall lead a corps of volunteers, and be the first to march into the Mexican provinces; If peace should be preferred which I do not expect, I shall settle my Wahita lands and make society as pleasant about me as possible. In this government I have been persecuted, shamefully persecuted, and I am sorry to say, that in all private conversation between man and man seem to be nearly destroyed. He showed me a deed for a large tract of land on Red river, and said if I would consent to let my sons go thither, he would provide well for them; to which I gave consent, though I never communicated it to my eldest son, till last Saturday, the day on which he returned from Marietta, and not till he expressed disinclination to co-operate with col. Burr's object, till he knew whether it was hostile to the government of the U. S. or not.
Col. Burr told me further, that very many of his friends in different parts of the U. S. would remove and settle with him and that he would be the best neighbor this country ever had, and repeated that his object was not hostile to the (there the word government appears to have been originally inserted but dashed out by the pen) people of the U. States, or dishonorable to himself and further, that in a few months many of his enemies would be proud to call him their friend.
I solemnly declare, that I never purchased, directly or indirectly, any provisions for the use of col. Burr and his party, though application was made to me for that purpose which I declined.
(Signed) JOHN SMITH. Sworn and subscribed before me, this 6th day of January, 1807. (Signed) MATTHEW NIMMO. One of the associate judges within and for the county of Hamilton and state of Ohio.
(COPY.) The State of Ohio, } ss. Hamilton county, }
Be it remembered, that on the 6th Jan. in the year of our Lord 1807, personally appeared before the subscriber, one of the associate judges, within and for the county aforesaid, and agent for governor Tiffin for carrying into effect the provisions of an act, entitled "An act to prevent acts hostile to the U. S. &c." Amos Smith, who being solemnly sworn, true answers to make to the following interrogatories, deposes, as will appear in the answers following, the queries hereunto, written in his own hand, viz.
1. Are you acquainted with the views of col. Burr, from any conversation with your father? Ans. I have never been informed of the views of col. Burr, but from report and never had any conversation with my father on that subject until the 2d of Jan. 1807, after my return from Marietta. 2. When did you leave Cincinnati? Ans. On the 3d Dec. 1806. 3. Was your father at that time in Kentucky, and how long had he been absent. Ans. Yes, he was, and I had not seen him for several weeks previous to my journey to Marietta, owing to an excursion on Mad river settlement, from whence I did not return until the 28th Nov. 1806, and my father having started the day before for Kentucky; nor did I ever hear from him, until I came to Limestone, on my return. 4. Did any correspondence take place between your father and yourself during your absence from Cincinnati? Ans. In no way whatever. 5. Were you engaged in any business for your father while you were absent? Ans. No, neither going to, nor returning from Marietta. 6. Will you state, minutely, the business which took you to Belle Pre and Marietta? Ans. I was employed by a gentleman to carry a sealed letter to a Mr. Blennerhassett, the contents of which he did not communicate, or the author of it, to me. 7. Do you know whether your father was directly or indirectly acquainted with your business to Belle Pre and Marietta? Ans. He was not. (Signed) A. D. SMITH. Sworn and subscribed before me, (Signed) MATTHEW NIMMO. One of the associate judges within and for the county of Hamilton, and state of Ohio.
LEGISLATURE OF NEW-ORLEANS.
House of Representatives. Jan. 14, 1807. The Speaker laid before the house a letter from the hon. James Workman, judge of the county court of Orleans county, covering sundry documents, informing the House that he had adjourned the court sine die, and explained his reasons therefor.—The illegal arrest and transportation of certain persons, by order of general Wilkinson, the overthrow of the civil authority, &c. was also announced. The letter and part of the documents were read, and the whole referred to a fct. committee composed of Messrs. Donaldson, Viller, Andry, Arnaud, and Hughes.
January 20. On the 23d inst. the two houses of the legislature of this territory re-elected the hon. Daniel Clark a delegate to the congress of the U. S. for two years from the 4th of March next. All the members present, except four, voted for Mr. Clark. At a session of the Superior court in the territory of Orleans, held at the city hall of the city of New Orleans on Saturday the 24th of January, one thousand eight hundred and eighty-

came the GRAND JURY in and for the said territory and made the following PRESENTMENT.
"In addition to the bills of indictment now preferred by the grand jury for the city and county of Orleans, they feel themselves imperiously called upon to present as a most dangerous and alarming evil, the late unprecedented exercise of military power in this city. They have seen with no less astonishment than grief, the laws and the civil authority prostrated before a military force. They have seen the citizens of the U. S. and of this territory, seized upon and imprisoned by that force, and deprived of the benefit of that great bulwark of civil liberty, the writ of habeas corpus. Nay more, they have seen the gen. commanding the American Army here, come before this honorable court, and openly avow such illegal acts, and declare that he would persevere in them, and to this grand jury the same general has acknowledged the commission of such acts, and sought to justify them by alleging that they were previously advised or approved by the governor and two of the judges of this territory. Whoever his advisers were, we hold such advice, under existing circumstances as a total dereliction of all regard to the constitution and laws of the U. S. and as striking at the very foundation of liberty. We enter not into the question, how far it is allowable to do evil, that good may result from it; for we are no caluists. Many specious reasons are urged in justification of those arrests. We leave to those who urge them to show their validity, and to this honorable court to form a judgment thereon."
J. W. SMITH, Clk.
Congress.
HOUSE OF REPRESENTATIVES, WEDNESDAY, February 25.
Mr. J. Randolph reported a bill making appropriations for carrying into effect certain treaties with the Cherokee and Piickawaw tribes of Indians, which was referred to a committee of the whole to-morrow.
Mr. J. Randolph from the same committee, presented a bill to amend the act, entitled an act to regulate and fix the compensation of clerks, &c. which was referred to a committee of the whole to-morrow.
Mr. Jeremiah Morrow, from the committee on public lands, to whom was referred the bill from the Senate, to prevent settlements being made on lands ceded to the U. S. unauthorized by law, reported the same with sundry amendments.
Mr. Jer. Morrow moved the reference of this report to a committee of the whole.
Mr. J. Randolph hoped the report would not be referred to a committee of the whole, as the bill involved no appropriation of money; and as past experience had shown that when the House got into committee of the whole, they scarcely knew how to get out of it. Did time admit, he should have no objection to the course proposed. But this was not the case. The bill could be as well discussed in the House as in committee. He therefore trusted it would not be referred to a committee of the whole, as that course might defeat its passage this session.
Mr. Quincey hoped the bill would be referred to a committee of the whole, for if there was any bill of importance brought before the House during this session, this was one, which he therefore thought merited a full consideration.
Mr. Gregg said he was indifferent which course was pursued. He agreed that the bill was one of the greatest importance which had been before the legislature this session. He indeed considered it more important than all the rest of the bills. He was, therefore, for giving it a preference over all others. He hoped it would be passed during the session, but still he was willing to afford gentlemen, a full opportunity of adding whatever their ingenuity could suggest.
Mr. Smilie observed that, in an early period of the session, he should have had no objection to this bill, going to a committee of the whole. But he desired gentlemen to recollect the situation of the House. He understood that there were sixty bills remaining undecided on, many of which it was highly desirable to pass. Only six days of the session remained. There, therefore, was no time to consume in committees of the whole. He said he believed the bill, together with the amendments, might receive sufficient consideration, without going into committee of the whole.
The motion to refer the report to a committee of the whole, was disagreed to—Ayes 50.
Mr. Jer. Morrow, from the committee on the public lands made a report on the amendments proposed by the Senate to the bill extending the time for locating Virginia military land warrants, agreeing to some and disagreeing to others; in which report the House after a short discussion, concurred.
The bill providing for the payment of the expense incurred by the military preparations in defence of the territory of Michigan against hostile Indians in 1806, was read the third time and passed.
The bill authorizing the settlement of the accounts between the United States and William Eaton was read the third time and passed—Ayes 64.
On agreeing to the title—Mr. J. Randolph said he concurred the title to be extremely improper, and he hoped some gentleman would suggest a proper alteration—He believed the bill had passed by surprise. It was not so much a bill to settle the accounts of William Eaton, as to rip up the settled forms of the treasury; and to transfer the accountable duties of the treasury to the department of state. It would be a stain upon the statute book.
The question was then taken on the title, which was agreed to—Ayes 65.
The question remaining undecided, at the adjournment of yesterday, recurred, viz—to give the committee of the whole leave to sit again on the bill to alter and establish certain post roads—Leave was refused; only 25 members rising in the affirmative.
The House resolved itself into a committee of the whole—Mr. VARNUM in the chair—on the bill making provision for the disposal of the public lands situated between the U. S. military tract and the Cynthiana reserve, and for other purposes.
The committee rose and reported the bill, with amendments, in which the House concurred, and ordered the bill to be engrossed for a third reading to-morrow.
Mr. J. Randolph, from the committee of ways and means, made a report on the petition of Joseph Jarley, collector of Woldoboro, unfavorable to an increase of compensation prayed for by him, which was ordered to lie on the table.
The House took up the bill to alter and establish certain post roads.
A motion was made to postpone the bill indefinitely which was disagreed to—Ayes 48—Nays 54.
A message was received from the Senate stating that they had passed the bill for repealing the duty on salt, and for continuing in force the 2 1/2 per-cent. additional for the Mediterranean fund, with amendments; and that they insisted on their amendments to the bill extending the time for locating Virginia military land warrants.
A motion was made to refer the bill to alter and establish certain post roads to a committee of the whole, and carried. When the House immediately went into committee—Mr. Gregg in the chair.
The committee, after considerable discussion, rose and reported the bill with various amendments; some of which were agreed to, and others disagreed to, by the House; and other amendments made.
A message was received from the Senate, stating that they had agreed to the modification of the amendment, proposed by the House of Representatives to the bill prohibiting the importation of slaves into the U. S. and recommended by the committee of conference.
THURSDAY, February 26.
Mr. Holmes, from the committee of Claims, to whom was referred the message of the President of the United States on the communication of the French minister relative to the claim of C. Beaumarchais, made a report.
The report, after referring to the report of the committee of Claims of the last session, which was unacted upon, concludes with a resolution, referring the subject to the secretary of state, with direction to report thereon to Congress at their next session.
In this resolution the House concurred without a division.
The message from the Senate, stating that they had passed the bill sent from the House for the repeal of the acts laying duties on salt, and for a continuance of the Mediterranean fund until the end of the next session of Congress, with amendments, was considered.
The first amendment proposed by the Senate was to confine the repealing act to taking off the duty of eight cents on the bushel of salt, from the 1st day of July next; leaving in force another existing act imposing a duty of twelve cents.
Messrs. Alston and Olin opposed a concurrence with this amendment, the question on which was taken by yeas and nays, which were—Yeas 15—Nays 89.
The second amendment, regarding matters of detail, was disagreed to without a division.
The third amendment proposed continuing the Mediterranean amendment proposed continuing the Mediterranean fund until the 31st day of December—instead of the end of the next session.
Mr. J. Randolph spoke against a concurrence in this amendment, which was negatived—Ayes 88.
Mr. J. Randolph moved that the House insist on the bill as it originally passed the House, spoke at considerable length in favor of insisting, and asked for the yeas and nays.
Messrs. Alston, Rhea of Ten. Early, R. Nelson, Alexander, Smilie and Goldsborough, supported; and Mr. Lyon opposed insisting.
This motion was withdrawn, and a motion made by Mr. Early to adhere, when the question was taken on adhering to the original bill, & carried in the affirmative; Yeas 98; Nays 20.
A short time after a message was received from the Senate, stating that they had considered the disagreeing votes of the two Houses on this bill, and had refused to adhere to all their amendments.
As the vote to adhere is final, and has in this instance been passed by both Houses, the bill is lost. The consequence is that the duties composing what is called the Mediterranean fund will cease with the present session, and the duties on salt be continued.
The modification proposed by the committee of conference to the bill prohibiting the importation of slaves into the U. S. was taken into consideration—on agreeing to which a debate of considerable length ensued.
Messrs. Goldsborough, Alston and Sloan supported; and Messrs. Early, J. Randolph, D. R. Williams and Alexander opposed a concurrence, which was carried; Yeas 68; Nays 49.
This modification having been agreed to by the Senate, the bill has finally passed.
The Enquirer.
RICHMOND, 6th MARCH.
STOLEN LETTERS.—The EDITOR of the Norfolk Ledger has denied the correctness of the communication which appeared in our paper respecting the letters of Admiral Willaumez. He refers his objection principally upon this one fact, that there has been of late no direct communication between Norfolk and the Havanna.
We must premise, that the word "Norfolk" is not used at all in the communication of our correspondent; and that it is simply an assumption of our own, that Norfolk was the port, where the box of sugar was landed. If this supposition therefore be incorrect, it does not in the slightest degree invalidate our correspondent's assertion. It is no error of his.
The Ledger's argument however does not prove that the box of sugar could not have been landed at Norfolk.
"The letters alluded to were published in the Ledger on the 24th of January; the last of these letters is dated the 10th of November. It follows then, that this box of sugar and the dispatches therein contained, must have arrived at Norfolk from the Havanna between the 10th of November and the 14th of January."
The Editor of the Ledger means, (we presume) that these dispatches must have arrived at Norfolk direct from the Havanna. But this is curious logic! Because the last of these letters was dated at Havanna, on the 10th of Nov. and published at Norfolk on the 14th of Jan. therefore, they must have come direct from Havanna to Norfolk, as if there were no circuitous way, from the one port to the other. Might they not have been written at Havanna, landed at some intermediate point as Charleston, and hence transmitted to Norfolk? How infinitely immaterial then is the following fact which the Editor of the Ledger has so triumphantly produced!
"We assure our readers, that there has not been one box of sugar landed at Norfolk, out of any vessel from the Havanna, from the 10th of November to the 14th of January. Nay more, there has not been a vessel of any sort, arrived from the Havanna at this port, from the 16th of November to this day." Nay more, "there has not been a box of sugar into this port, from any of the ports in the neighbourhood of the Havanna, between the dates of the 10th of November and the 14th of January. For the truth of these assertions we can refer any person, who pleases to make the examination, to the entries of the custom-house at this place." And what is all this to the purpose?
Has no box of sugar arrived at Norfolk, during this interval, that was originally shipped from the Havanna? For that is the true question at issue.
Has no box of sugar arrived at Norfolk during this time direct from Charleston or any other American port and indirectly from the Havanna or some of the ports in its neighbourhood.
The Editor of the Ledger asserts, that this box of sugar was neither brought into Norfolk from the Havanna nor any neighbouring port; But can he also add that it was neither brought into Norfolk, nor any neighbouring port nor any American port?
The very fact, which he quotes, was one of the very reasons why it had not arrived at Norfolk from the Havanna. There was no direct communication within that time between one port and the other; and therefore Mr. Chade-rand or whoever was the bearer of these letters was compelled to touch at some other port before he could arrive at Norfolk.
What avails it therefore to the Editor of the Ledger, even to have proved that there was no direct communication between Norfolk and the Havanna!
Let us discard then such sophisms. Will the Editor of the Ledger meet us on the plain ground of common sense and answer these plain questions?
1. Were not these letters of Adm. Willaumez purloined from a trunk, which was deposited in a box of sugar for the purpose of concealment and security?
2. Were not the box of sugar and the enclosed trunk broken open at Norfolk, or some port in the U. States?
3. Was it not at least in some port, where the rights of private property were violated, and the dispatches stolen in defiance of all decency, in defiance of that social forbearance which should bind together the intercourse of men, & even of that loose morality, which constitutes all the justice of corrupt governments?
Was not this indecent outrage upon the rights of private property suggested, encouraged, or recompensed by some or by one of the consular agents of the British cabinet?
The following communication was put into our hands, after the preceding remarks were written.—From the character of its author, we have not a single doubt of the truth of his first communication.
To the Editor of the Enquirer. Give me leave to observe to you, that by announcing Norfolk to be the place where the letters of Admiral Willaumez were landed, you have involuntarily given room to a mistake of which Mr. Cowper has availed himself, or honouring my communication with the epithet of stupid and for representing its contents as absurd, malicious and false. I deem it necessary for the sake of truth and of the respectability of your paper to rectify this error, and to retort his assertions against himself. In effect, the three points on which he rests his defence, are evidently stupid, malicious, false and absurd. He first brings into view the inconsistency and folly of leaving dispatches of this nature in the hands of persons unknown.
He next appeals to the entries of the custom-house of Norfolk, to prove that no vessel had arrived there from Havanna, since the 10th of November 1806. to the 14th January 1807, nor box of sugar landed.
And finally he states that bearing the contents of the said letters mentioned in conversation he had requested a perusal of them which was granted.
The stupidity of the first of these three points is obvious, for Mr. Cowper yields thereby a tacit confession of what he wishes to deny openly, by concurring with me in charging the bearer of said letters with inconsistency, levity, &c. without which his agents or correspondents could not have furnished him with the same. His suggestion of another inconsistency in ordering dispatches for Washington and Baltimore, is equally stupid, unless he should prove that the said letters were landed within the Capes of Virginia, or that they were not all enclosed to the consular general at Philadelphia; two circumstances, either of which must be perfectly known to Mr. Cowper—at all events, what would that inconsistency prove? Nothing but a consequence of the thoughtlessness and levity, which we agree that the bearer was guilty of; it does by no means invalidate the charge of the infamous transaction.
The appeal of Mr. Cowper to the entries of the custom-house of Norfolk, is evidently most sophistical; for he knows perfectly well that it was not at that place that the said letters and sugar box were landed or deposited. He took hold of the mistake which you have committed by naming Norfolk, as the place understood by ***** in my communication, with the more eagerness as he was conscious that he could satisfactorily prove that assertion to be erroneous.
The third point of his reply, which states that the said letters were handed to him in an innocent manner, suggesting thereby that he did not know, nor inquired, by what means they had been obtained, is notoriously infamous and incorrect; for, a few days prior to the publication thereof (14 January) he announced to his honest and skilful correspondent, the reception of some documents, which would display the character and disposition of some French officers, and their appearance in his next.—This information proves evidently that the said letters were sent to him from abroad, for, if they had been handed to him in the manner by him related, it would have been useless to inform his correspondent that they were received: from that it may reasonably be inferred, that he tries to cover his knowledge of the interception of the said letters by a palpable misrepresentation.
Another proof of his want of candour and consequence, in this last point of his reply, is to be found in his answer to the letter of Commodore Barney, in which he explicitly avows that the said letters have been intercepted, by stating that the testimony of general Turreau was not necessary to prove that letters, which had been intercepted, were not received by him.
Now, since Mr. Cowper has published letters, which he knew to have been intercepted in an odious manner, how will he clear himself of the odium which Mr. Wedderburn endeavoured to impress against the celebrated Dr. B. Franklin, on his candid, and, I may add, generous explanation of a transaction somewhat similar in England, in 1753?
"The letters could not have come to Dr. F. by fair means (said Mr. W.) the writers did not give them to him.—Nothing then will acquit Dr. F. of the charge of obtaining them by fraudulent and corrupt means, for the most malignant of purposes, unless he has stolen them from the person who stole them; this argument is irrefragable. I hope, my lords, you will mark (and brand) the man, for the honor of this country, of Europe and of mankind. Private correspondence has hitherto been held sacred in times of the greatest party rage, not only in politics but in religion. He has forfeited all the respect of societies and of men. Into what companies will he be hereafter go with an unbarbarous face, or the honest intrepidity of virtue? Men will watch him with a jealous eye, they will hide their papers from him, and lock
"up their ciphers. He will henceforth esteem it a libel to be called a man of letters." (The works of B. Franklin, vol. 5, page 332 in notes.)
My first communication did not charge Mr. Cowper himself, with having intercepted the said letters; I perfectly agree with you in believing him to have a foul above it: the infamous attaches itself only to those who have rendered themselves guilty of that villainous transaction. The only part which he has in it, is the use which he has made of a property, which he knew, had been obtained by foul means: for, if those by which the said letters were procured are fair, why does not he disclose them to the world?
"Your faveet and respectable correspondent."
There were no Norfolk papers, by the last night's mail.—We have understood, that intelligence had reached Norfolk, which is calculated to excite much alarm among our merchants; that two or three American vessels bound to or from England had been captured in the English channel by French privateers, and carried into French ports for adjudication. Whether this is the same report with the one that came via Salem, that three American vessels had been detained at the Ile of Rhea, on suspicion of being bound to England; we are unable to pronounce. But if the fact be, as we have represented, it is impossible to form but one opinion of the cause of this outrageous violation of our commerce. That cause is the blocking decree of the 21st of Nov.
When that decree first came into our hands, we were immediately struck with the studied ambiguity, by which it was distinguished. Had we stopped at the 1st article alone, we should not have hesitated to have pronounced it the most direct proclamation of war against neutral commerce: and of course against our own: for what other nation is at this time neutral, but those which scarce possess any commerce at all; the Moors, the Danes and the Portuguese?
The British islands are in a state of blockade.
Words could scarcely have been more explicit.—A blocked place is one to or from which no vessel is permitted to sail, without danger of interruption or seizure. It was impossible to believe, that the French would have put a different construction upon this article.
Talleyrand's Report to the Emperor of the 20th Nov. recommending this measure is strictly conformable to this construction. In the string of retaliating measures which he recommends to his master, the first is, "Since England has dared to declare that the whole of France should be in a state of blockade, let France declare in her turn, that the British islands are blocked."
In the next paragraph he suggests, that "Since England looks on every Frenchman as an enemy, let every Englishman or English subject found in the countries occupied by the French armies be made a prisoner of war."
In the succeeding paragraph, he recommends other measures, which are carefully followed up by the other articles of the decree.
Why this distinction of measures; if he had simply recommended the blockade of British ports to be the main principle, of which all the other measures were only to spring out as so many consequences and explanations? No: the truth is, he intended the blockade to be one distinct specific measure; the arrest of Frenchmen to be another; and so on for every measure, which he enumerates. What then is the inference?
If we adopt Talleyrand's distinction, we should not hesitate to employ the term blockade, used in the 1st article, in the very same sense in which it is employed by the British cruisers and British courts. We should conceive it to be one complete measure, standing by itself, and distinct from all the provisions of the articles which follow it. In the same manner, we should suppose that every article of the decree enforces a distinct and specific measure of retaliation upon British commerce. Such then is the first and obvious sense in which we should consider the term "blockade" as employed in the 1st article, and as a consequence, we should conclude that every vessel was prohibited from sailing to or from an English port.
But how different are the provisions of the decree itself? The first article seems to lay down one broad, general principle, of which the others seem to be but as so many corollaries and explanations. There is not one of those branches, which authorizes the seizure of vessels, bound from or to the English Isles; nor does the French minister of marine in his letter to General Armstrong, countenance in the slightest degree, this usual inference from the usual definition of the right of blockade.
Here then is the ambiguity. In the first article it is employed a term, which according to the established interpretation of language and to Talleyrand's own report, would justify the most exorbitant encroachments upon our trade. But the other articles, which are seemingly put forth as only inferences from the first, do not in the slightest degree countenance these encroachments. Why this ambiguity? Was it to prompt the French cruisers to make depredations upon all vessels trading with England—and then the government was either to confirm or disavow them, according as circumstances which should afterwards arise, would make the one or the other course most politic.—We have not so exalted an opinion of the cabinets of Europe, as wholly to acquit the French government of such a design.
As to Decree's letter to General Armstrong, had he not referred the ultimate decision of our doubts to Mon. Talleyrand, and thus hung up the question, for some other construction to be given, as the convenience of the French government might choose to dictate.
The affecting verses which we have selected from Campbell's "Pleasures of Hope" are peculiarly appropriate to an occasion, when every eye is anxiously bent upon the promised restoration of Poland. We should certainly have enjoyed them with much higher relish, could we have believed that the subsequent predictions of the poet are about to be fulfilled: and that the hero who now conducts the Polish revolution was a more ardent votary of "freedom's cause."
Oh, sacred Truth! thy triumph came'd a while, And Hope, thy sister, came'st with thee to smile, When legions of Oppression pour'd to Northern wars Her whither'd pandours and her fierce buffars; Wav'd her dread standard to the breeze of morn, Peal'd her loud drum, and twang'd her trumpet horn; Tumultuous horror brooded o'er her van, Prefiguring wrath to Poland....and to man! Warlaw's last champion, from her height survey'd.
Wide o'er the fields, a waste of ruin laid... Oh, Heaven! he cry'd, my bleeding country save! Is there no hand on high to shield the brave? Yet, though destruction sweep these lovely plains, Rise, fellow-men! our country yet remains! By that dread name we wave the sword on high, And swear for her to live!...with her to die! 'Tis said, and, on the rampart-heights, array'd His truly warriors, few, but undismay'd;
Firm-pac'd and slow, a horrid front they form, Still as the breeze, but dreadful as the storm; Low, murm'ring sounds, along their banners fly, Revenge, or death...the watch-word and reply! Then peal'd the notes, omnipotent to charm, And the loud tocsin toll'd their last alarm!
In vain, alas! in vain, ye gallant few! From rank to rank your valley'd thunder'd down.... Oh! bloodiest picture in the book of Time, Sarmatia fell, unwept, without a crime! Found not a generous friend, a pitying foe, Strength in her arms, nor mercy in her woe! Drop from her nerveless grasp the shattered spear, Close her bright eye, and curd her high career! Hope, for a season, bade the world farewell, And Freedom shriek'd....as Kosciusko fell!
The sun went down, nor ceas'd the carnage there; Tumultuous murder shook the midnight air... On Prague's proud arch the fires of ruin glow, His blood-dy'd waters murm'ring afar below; The storm prevails, the rampant fury yields; Buffs the wild cry of horror and dismay! Hark! as the smouldering piles with thunder fall, A thousand shrieks for hopeless mercy call! Earth shook....red meteors flash'd along the sky, And conscious nature shudder'd at the cry!
Oh, righteous Heav'n! 'ere Freedom found a grave, Why slept the sword, omnipotent to save? Where was thine arm, O Vengeance!...where thy rod? That smote the foes of Zion and of God; That crush'd proud Ammon, when his iron car Was yok'd in wrath, and thunder'd from afar? Where was the storm that slumber'd till the host Of blood-bain'd Pharaoh left their trembling coast, Then bade the deep in wild commotion flow, And heav'n an Ocean on their march below? Departed spirits of the mighty dead! Ye that at Marathon and Leuctra bled! Friends of the world! restore your swords to man, Fight in his sacred cause, and lead the van! Yet for Sarmatia's tears of blood atone, And make her arm puissant as your own! Oh! once again to Freedom's cause return The patriot TELL....the BRUCE of BANNOCKBURN!
Congress have not yet decided upon Beaumarchais's claim. They have referred the question to the secretary of state, who will make his report during the next winter.
It has been suggested to us, that the one million of livres might have been vested in the cargo of the Fier Roderique, which was landed at York in the year 1777, and for which the state of Virginia has already made compensation.
4 Letter-mails due from New-York, &c. 5 News-paper Do. Do. Do.
FOR RENT,
And immediate possession given. A THREE storied HOUSE, smoke-house, garden, &c. on the Basin, occupied the preceding year by Mr. Chancellor H. Saunders. This house is well calculated for a boarding or a genteel private family, having four rooms and a passage on each floor, and two kitchen and two cellar rooms on the ground floor.—For terms apply to Mr. Thomas Underwood, jr. at the public ware-house, or to Mr. Leander Hughes at Messrs. Shepard and Luckes, opposite the Market.
ARCHELAUS HUGHES. oawtf.
January 10. The subscriber will also dispose of a part or the whole of a valuable half acre water LOT on the Basin, No. 409 with six small Tenements thereon, and a half-acre LOT No. 396 with a good Dwelling-House thereon, handsomely situated for a private dwelling. A credit of five or ten years may be had for three fourths of the purchase money, by giving satisfactory security and paying the interest thereon, annually. If the above property is not disposed of at private sale, by the 2nd day of March, it will on that day, if fair, if not, the next fair day, be disposed of at auction, to the highest bidder on the premises.—For terms, apply to Mr. Leander Hughes, in Richmond, or the subscriber living in New-Kent, near Bottoms Bridge. A. H. oawtf.
Jan. 10. THE sale of the above mentioned property, is unavoidably postponed, until the 27th day of April next, at which time the sale will positively take place on the premises, (if not previously disposed of at private sale.) By Darmstadt, Fifer & Satchell.
WILL BE SOLD,
On the premises, without reserve, to the highest bidder, between the hours of 11 and 12 o'clock, Monday the 30th inst. the following PROPERTY, viz: ONE two-story BRICK HOUSE, 42 by 20 ft. do. single do. Wood do. 32 — 18 — Four do. do. do. do. All neatly finished and calculated for dwelling, situated on handsome well included Lots on Shockoe-Hill, in the City of Richmond; known in Duvals plan, as No. 101 or No. 102. surveyed by Wm. G. Paine.
TERMS OF PAYMENT: 1400 Dols. in cash—1050 dols. on the 25th of June, 1807—Half of the residue the 14th August—and the balance the 14th August, 1808. Satisfactory titles will be made to the purchaser, on the receipt of the money.
ARCHIBALD PLEASANTS, jr. eptfd.
WANTED to hire or purchase a female house Servant about 20 or 25 years of age, for one who can come well recommended for sobriety and steadiness, a generous price will be given. MARCUS ELCAN. tf.
March 6.
TO RENT,
THE TENEMENT lately occupied by Mrs. Whitaker, in an agreeable retired situation and very convenient for a family. Wm. M'KIM. Richmond, March 6. tf.
THE CAROLINE JOCKEY CLUB races, at the UNION-TAVERN, Mr. Joseph Butins (Caroline) will commence on the 15th day of April next. 1st Day—A Post Sweep-Stakes of 30 dols. each, 7 Subscribers & closed. 90 lbs. on each, with an allowance of 3 lbs. for Fillies & Geldings.
2d Day—The JOCKEY CLUB PURSE, 45 Subscribers at 5 dols. each, 3 mile heat.
3d Day—Two mile heats for the Subscription of the PROPRIETOR of the course, with the toll of chaise and the preceding days entrance, 10 dols. each, free only for members of the Club.—To carry the following weights, (Viz:)
Table with 2 columns: Weight, Age. Three Years Old, 83; Four do. do. 102; Five do. do. 112; Six do. do. 122; Aged 126. Three pounds to be allowed Geldings & Mares. PHILIP SAMUEL, Secretary of Caroline Jockey Club Union-Tavern, (Car.) March 6. tl9th.
WE have removed to the house formerly occupied by Messrs. DODALA, MACKENZIE & Co. nearly opposite to the bank. JAMES & JOHN DUNLOP. Petersburg, March 5. sw.
LOST,

SUPREME COURT OF THE UNITED STATES, FEB. TERM, 1807.
The United States vs. Bollman & Swartwout. Habeas Corpus on a commitment for treason.
Chief Justice MARSHALL on the 21st inst. delivered the following opinion of the Court.
The prisoners having been brought before this court on a writ of Habeas Corpus, and the testimony on which they were committed having been fully examined and attentively considered, the court is now to declare the law upon their case.
This being a mere enquiry which without deciding upon guilt, precedes the institution of a prosecution, the question to be determined is whether the accused shall be discharged or held to trial, and if the latter in what place they are to be tried, and whether they shall be confined or admitted to bail.
The specific charge brought against the prisoners is treason in levying war against the United States.
As there is no crime which can more excite and agitate the passions of men than treason, no charge demands more from the tribunal before which it is made a deliberate and temperate enquiry.
To constitute that specific crime for which the prisoners now before the court have been committed, war must be actually levied against the U. States. However flagitious may be the crime of conspiring to subvert by force the government of our country, such conspiracy is not treason. To conspire to levy war, and actually to levy war, are distinct offences.
It is not the intention of the court to say that no individual can be guilty of this crime who has not appeared in arms against his country. On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force, a treasonable purpose, all those who perform any part, however minute or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
Crimes so atrocious as those which have for their object the subversion by violence of those laws and those institutions which have been ordained in order to secure the peace and happiness of society, are not to escape punishment because they have not ripened into treason. The wisdom of the legislature is competent to provide for the case; and the framers of our constitution who not only defined and limited the crime, but with jealous circumspection attempted to protect their limitation by providing that no person should be convicted of it, unless on the testimony of two witnesses to the same overt act, or on confession in open court, must have conceived it more safe that punishment in such cases should be ordained by general laws formed upon deliberation, under the influence of no resentment, and without knowing on whom they were to operate, than that it should be inflicted under the influence of those passions which the occasion seldom fails to excite, and which a flexible definition of the crime, or a construction which would render it flexible, might bring into operation.
To complete the crime of levying war against the U. States, there must be an actual assemblage of men for the purpose of executing a treasonable design. In the case now before the court, a design to overthrow the government of the U. States in New-Orleans by force, would have been unquestionably a design which if carried into execution would have been treason, and the assemblage of a body of men for the purpose of carrying it into execution, would amount to levying of war against the U. States but no conspiracy for this object, no enlisting of men to effect it, would be an actual levying of war.
In conformity with the principles now laid down have been the decisions heretofore made by the judges of the U. States.
The opinions given by the judge Paterson, and Judge Iredell in cases before them imply an actual assemblage of men though they rather designed to remark on the purpose to which the force was to be applied than on the nature of the force itself.
Judge Chase in the trial of Fries was more explicit. He stated the opinion of the court to be "that if a body of people conspire and meditate an insurrection to resist or oppose the execution of any statute of the U. States by force, they are only guilty of a high misdemeanor; but if they proceed to carry such intention into execution by force, that they are guilty of the treason of levying war; and the quantum of the force employed, neither lessens nor increases the crime; whether by one hundred, or one thousand persons, is wholly immaterial."
This is apparently the language of a people who, from the contemplated change of their political situation, feared for their religion, and feared that they would be made the subjects of a foreign power. That the Mexicans should entertain these apprehensions was natural and would readily be believed. They were, if the representation made of their dispositions be correct, about to place themselves in the power of men who professed a faith different from theirs, and who by making them dependent on England, or the United States would subject them to a foreign power.
That the people of New-Orleans as a people, if really engaged in the conspiracy, should feel the same apprehensions, and require assurances on the same points, is by no means so obvious. There certainly is not in the letter delivered to general Wilkinson, so far as that letter is laid before the court, any syllable which has a necessary or a natural reference to an enterprise against any territory of the United States.
That the bearer of this letter must be considered as acquainted with its contents, is not to be controverted. The letter and his own declarations evince the fact.
indicate that it was the immediate object, had been procured, and a considerable time, in repeated conversations the whole efforts of Col. Burr were directed to prove to the witness who was to have held a high command under him, the practicability of the enterprise, and in explaining to him the means by which it was to be effected.
This deposition exhibits the various schemes of col. Burr, and its materiality depends on connecting the prisoners at the bar in such of those schemes as were treasonable. For this purpose the affidavit of general Wilkinson comprehending in its body the substance of a letter from Col. Burr has been offered and was received by the circuit court. To the admission of this testimony great and serious objections have been made. It has been urged that it is a voluntary, or rather an extrajudicial affidavit made before a person not appearing to be a magistrate, and contains the substance only of a letter, of which the original is retained by the person who made the affidavit.
The objection that the affidavit is extrajudicial resolves itself into the question whether one magistrate may commit on an affidavit taken before another magistrate. For if he may, an affidavit made as the foundation of a commitment, ceases to be extrajudicial, and the person who makes it would be as liable to a prosecution for a perjury as if the warrant of commitment had been issued by the magistrate before whom the affidavit was made.
To decide that an affidavit made before one magistrate might in many cases be productive of great inconvenience, and does not appear susceptible of abuse if the variety of the certificate be established. Such an affidavit seems admissible on the principle that before the accused is put upon his trial, all the proceedings are exparte. The court therefore over-ruled this objection.
That which questions the character of the person who has on this occasion administered the oath is next to be considered.
The certificate from the office of the department of state has been deemed insufficient by the counsel for the prisoners, because the law does not require the appointment of magistrates for the territory of New-Orleans to be certified to that office, because the certificate is in itself informal, and because it does not appear that the magistrate had taken the oath required by the act of Congress.
The first of these objections is not supported by the law of the case, and the second may be readily corrected should the court have proceeded to consider the subject as if it were corrected, retaining however a final decision, if against the prisoners, until the correction shall be made. With regard to the third, the magistrate must be presumed to have taken the requisite oaths, since he is found acting as a magistrate.
On the admissibility of that part of the affidavit which purports to be as near the substance of the letter from Colonel Burr to General Wilkinson, as the latter could interpret it, a division of opinion has taken place, in the court. Two judges are of opinion that as such testimony delivered in the presence of the prisoner on his trial would be totally inadmissible, neither can it be considered as a foundation for a commitment. Although in making a commitment the magistrate does not decide on the guilt of the prisoner, yet he does decide on the probable cause, and a long and painful imprisonment may be the consequence of his decision. This probable cause therefore ought to be proved by testimony in itself legal, and which, though from the nature of the case it must be exparte, ought, in most other respects to be such as a court & jury might hear.
Two judges are of opinion that in this incipient stage of the prosecution an affidavit stating the general purport of a letter may be read, particularly where the person in possession of it is at so great a distance to admit of its being obtained, and that a commitment may be founded on it.
Under this embarrassment it was deemed necessary to look into the affidavit for the purpose of discovering whether if admitted, it contains matter which would justify the commitment of the prisoners at the bar on the charge of treason.
That the letter from Col. Burr to general Wilkinson relates to a military enterprise meditated by the former has not been questioned. If this enterprise was against Mexico, it would amount to a high misdemeanor, if against any of the territories of the United States, or if in its progress the subversion of the government of the United States in any of their territories was a mean clearly and necessarily to be employed, if such mean formed a substantial part of the plan, the assemblage of a body of men to effect it would be levying war against the United States.
The letter is in language which furnishes no distinct view of the design of the writer. The co-operation, however, which is stated to have been secured, points strongly to some expedition against the territories of Spain. After making these general statements the writer becomes rather more explicit and says, "Burr's plan of operations is to move down rapidly from the falls on the 15th of November with the first 500 or 1000 men in light boats now constructing for that purpose to be at Natches between the 5th and 15th of December, there to meet Wilkinson; then to determine whether it will be expedient in the first instance to seize on or to pass by Baton Rouge. The people of the country to which we are going are prepared to receive us. Their agents now with Burr say that if we will protect their religion and will not subject them to a foreign power, in three weeks all will be settled."
There is no expression in these sentences which would justify a suspicion that any territory of the U. States was the object of the expedition.
For what purpose seize on Baton Rouge? why engage Spain against this enterprise, if it was designed against the United States?
"The people of the country to which we are going are prepared to receive us." This language is peculiarly appropriate to a foreign country. It will not be contended that the terms would be inapplicable to a territory of the United States, but other terms would more aptly convey the idea, and Burr seems to consider himself as giving information of which Wilkinson was not possessed. When it is recollected that he was the governor of a territory adjoining that which must have been threatened, and that a territory of the United States was threatened, and that he commanded the army, a part of which was stationed in that territory, the probability that the information communicated related to a foreign country, it must be admitted, gains strength.
Their agents now with Burr say that if we will protect their religion and will not subject them to a foreign power, in three weeks all will be settled."
This is apparently the language of a people who, from the contemplated change of their political situation, feared for their religion, and feared that they would be made the subjects of a foreign power. That the Mexicans should entertain these apprehensions was natural and would readily be believed. They were, if the representation made of their dispositions be correct, about to place themselves in the power of men who professed a faith different from theirs, and who by making them dependent on England, or the United States would subject them to a foreign power.
That the people of New-Orleans as a people, if really engaged in the conspiracy, should feel the same apprehensions, and require assurances on the same points, is by no means so obvious.
There certainly is not in the letter delivered to general Wilkinson, so far as that letter is laid before the court, any syllable which has a necessary or a natural reference to an enterprise against any territory of the United States.
That the bearer of this letter must be considered as acquainted with its contents, is not to be controverted. The letter and his own declarations evince the fact.
After stating himself to have passed through New York and the western states and territories, without insinuating that he had performed on his route any act whatever which was connected with the enterprise, he states their object to be "to carry an expedition to the Mexican provinces."
This statement may be considered as explanatory of the letter of col. Burr, if the expressions of that letter could be thought ambiguous.
But there are other declarations made by Mr. Swartwout, which constitute the difficulty of this case. On an enquiry from general Wilkinson, he said "this territory would be revolutionized where the people were ready to join them, and that there would be some levying, he supposed, at New-Orleans."
If these words import that the government established by the United States in any of its territories, was to be revolutionized by force, although merely as a step to, or a means of executing some greater projects, the design was unquestionably treasonable, and any assemblage of men for that purpose would amount to a levying of war. But on the import of the words a difference of opinion exists. Some of the judges suppose they refer to the territory against which the expedition was intended, others to that in which the conversation was held. Some consider the words if even applicable to a territory of the United States, as alluding to a revolution to be effected by the people rather than by the party conducted by col. Burr.
But whether this treasonable intention be really imputable to the plan or not, it is admitted that it must have been carried into execution by an open assemblage of men for that purpose, previous to the arrest of the prisoner, in order to consummate the crime as to him; and a majority of the court is of opinion that the conversation of Mr. Swartwout affords no sufficient proof of such assemblage.
The prisoner stated that "col. Burr with the support of a powerful association extending from New-York to New-Orleans, was levying an armed body of 7,000 men from the state of New-York and the western states and territories, with a view to carry an expedition to the Mexican territories."
That the association, whatever may be its purpose, is not treason, has been already stated. That levying an army may or may not be treason, and that this depends on the intention with which it is levied, and on the point to which the parties have advanced, has been also stated. The mere enlisting of men without assemblaging them is not levying war. The question then is, whether this evidence proves col. Burr to have advanced so far in levying an army as actually to have assemblaged them.
It is argued that since it cannot be necessary that the whole 7,000 men should have assembled, their commencing their march by detachments to the place of rendezvous, must be sufficient to constitute the crime.
This position is correct, with some qualification. It cannot be necessary that the whole army should assemble, and that the various parts which are to compose it should have combined. But it is necessary that there should be an actual assemblage, and therefore the evidence should make the fact unequivocal.
The travelling of individuals to the place of rendezvous would perhaps not be sufficient. This would be an equivocal act, and has no warlike appearance. The meeting of particular bodies of men and their marching from places of partial rendezvous, would be such an assemblage.
The particular words used by Mr. Swartwout are that col. Burr was levying an armed body of 7,000 men. If the term levying in this place imports that they were assembled, then such fact would amount, if the intention be against the United States, to levying war. If it barely imports that he was enlisting or engaging them in his service, the fact would not amount to levying war.
It is thought sufficiently apparent that the latter is the sense in which the term was used. The fact alluded to, if taken in the former sense, is of a nature so to force itself upon the public view, that if the army had then actually assembled either together or in detachments, some evidence of such assemblaging, would have been laid before the court.
The words used by the prisoner in reference to seizing at New-Orleans, and borrowing perhaps by force from the bank, though indicating a design to rob, and consequently importing a high offence, do not designate the specific crime of levying war against the U. States.
It is therefore the opinion of a majority of the court, that in the case of Samuel Swartwout, there is not sufficient evidence of his levying war against the United States to justify his commitment on the charge of treason.
Against Erick Bollman there is still less testimony. Nothing has been said by him to support the charge that the enterprise in which he was engaged had any other object than was stated in the letter of col. Burr. Against him, therefore, there is no evidence to support a charge of treason.
That both the prisoners were engaged in a most culpable enterprise against the dominions of a power at peace with the United States, those who admit the affidavit of general Wilkinson cannot doubt. But that no part of this crime was committed in the district of Columbia, is apparent. It is, therefore, the unanimous opinion of the court that they cannot be tried in this district.
The law read on the part of the prosecution is understood to apply only to offences committed on the high seas, or in any river, haven, basin or bay, not within the jurisdiction of any particular state. In those cases there is no court which has particular cognizance of the crime, and therefore the place in which the criminal shall be apprehended, or if he be apprehended where no court has exclusive jurisdiction, that to which he first brought, is substituted for the place in which the offence was committed.
But in this case, a tribunal for the trial of the offence wherever it may have been committed, had been provided by congress; and at the place where the prisoners were seized by the authority of the commander in chief, there existed such a tribunal. It would too be extremely dangerous to say, that because the prisoners were apprehended, that by a civil magistrate, but by the military power, there could be given by law a right to try the persons so seized in any place which the general might select, and to which he might direct them to be carried.
The act of congress which the prisoners are supposed to have violated, describes as offenders those who begin or set on foot, or provide or prepare the means for any military expedition or enterprise to be carried on from thence against the dominions of a foreign prince or state, with whom the United States are at peace.
There is a want of precision in the description of the offence which might produce some difficulty in deciding what cases would come within it. But several other questions arise which a court consisting of four judges finds itself unable to decide, and therefore as the crime with which the prisoners stand charged has not been committed, the court can only direct them to be discharged. This is done with the less reluctance because the discharge does not acquit them from the offence which there is probable cause for supposing they have committed, and if those whose duty it is to protect the nation by prosecuting offenders against the laws shall suppose that those who have been charged with treason to be proper objects for punishment, they will, when possessed of less exceptional testimony, and when able to say at what place the offence has been committed, institute fresh proceedings against them.
The order of the court was as follows:
The United States vs. Swartwout, On a writ of Habeas Corpus.
The arguments of the Attorney General and of the Attorney for the U. States for the district of Columbia, and the arguments of counsel for the prisoner having been heard; and the record of the circuit court for the county of Washington containing the order by which the said Samuel Swartwout was committed on the charge of treason in levying war against the U. States and the testimony on which the said commitment was made having been inspected and attentively considered, the court is of opinion that the testimony does not furnish probable cause for supposing that the said Samuel Swartwout has levied war against the U. States and doth therefore direct that he be forthwith discharged from the custody of the Marshal.
This same order with regard to Bollman.
IN CHANCERY.
United States Court, Fifth Circuit, and Virginia District, November term, 1806.
Cunningham Corbett, John Laurie, Gilbert Hamilton, John Sterling, and George Lothian, assignees of Ninian Munroe, vs.
William Johnson, one of the heirs and devisees of Edward Johnson, dec'd. Henrietta Johnson and Edward Johnson, likewise heirs and devisees of Edward Johnson, dec'd, and infants under the age of twenty-one years, by William Hickman their guardian, John Powell and Elizabeth his wife, formerly Elizabeth Johnson, widow of said Edward Johnson, dec'd. William Bently administrator of William Ronald, dec'd. William Fenwick and Catharine his wife, which said William is administrator, &c. of Andrew Ronald, dec'd. Andrew Ronald and William Stephen Ronald & George Ronald, children of the said Andrew Ronald, dec'd. Sally Ronald and Jane Ronald by the said William Fenwick their guardian, William Murray, Betsy Ronald and Nancy Ronald, co-heirs of said William Ronald, dec'd. Samuel Pleasants, Jr. Goodrich Crump, Brett Randolph, William Hickman, Edward Bentley, Catharine Cocke, John Archer, John Swann, Benjamin Harris, Peterfield Archer and Richard Archer, securities to William Bentley, as administrator, &c. of said William Ronald, dec'd. Robert Goode, one of the securities to William Ronald, dec'd. and Edward Carrington and John A. Chevalier, administrators of William Wilscham, dec'd.
Samuel Donaldson, surviving partner of Gibson, Donaldson and Hamilton, vs. The same.
THESE causes coming on again to be further heard on the papers formerly read, the amended bills, bills of revivor and answers thereto, replicatons, exhibits and reports of a commissioner, made pursuant to the orders of the eighth of June and ninth of December, in the last year, and was argued by counsel; on consideration whereof, the court setting aside the order made in the first suit on the fourteenth day of June last, for the present doth adjudge, order and decree, that unless the defendants, co-heirs of William Ronald, dec'd, who was one of the executors of Edward Johnson, dec'd, shall, on or before the first day of the next month, pay into the Bank of Virginia, the sum of twelve thousand and forty dollars fifty one cents, and the costs expended by the plaintiffs in both suits, including the fees of the commissioner in taking the several accounts under the orders of this court; subject to the future order of this court, that William Berkeley, Josiah Ellis and William Mann, who are appointed commissioners for that purpose, any two of whom may at any time lay off and alter to Catharine Cocke, late Catharine Ronald, widow of the said William Ronald, deceased, her dower in the following tracts or parcels of land, whereof the said William died seized and possessed, to wit: one tract in the county of Powhatan, whereon he lived, containing fifteen hundred acres, also one other tract in the same county, containing forty four acres, purchased by him of F. Woodson, together with two tracts in the county of Goochland, the one on Beaver-dam creek, containing nine hundred acres, the other ten acres called Little Island, and after allotting to the said Catharine her dower in the same, that they having advertised the time and place of such sale, for six weeks successively, in one or more of the newspapers printed in the city of Richmond, do sell at public auction, for ready money, the remaining two third parts of the said four tracts or parcels of land (except so much of the nine hundred acres tract in the county of Goochland, as is stated in the report of the commissioner to have been claimed by a certain Jacob Johnson, about which the court will at a future day decide,) as also the reversion in the other third, so to be allotted to the said Catharine as her dower, subject however to the extent of Ann Barclay, in the said report mentioned, and after defraying the expenses of laying off the dower, and making the sale aforesaid thereof, pay the same into court subject to its future order. And the said commissioners who may be, are directed to report their proceedings to the court. And the court doth further order that the defts, administrators of William Wilscham, dec'd, who was executor of Andrew Ronald, dec'd, who was surviving executor of the said Edward Johnson, dec'd do on the tenth day of the next term, pay into the court the sum of six hundred and eighty-five pounds four shillings and two pence, or the value of two thousand two hundred and eighty four dollars, three cents, with interest thereon, to be computed after the rate of five per centum per annum, from the thirty first day of December, one thousand eight hundred, till payment, subject to the future order of the court. And the court doth recommit the report made in these suits to commissioner Greenhow, with directions to take the accounts required by the former orders made in these suits, as also the account of William Ronald's administration on the estate of the said Edward Johnson, dec'd, so far as any errors or omissions may have been made in the report made by commissioner Hay, in a suit depending in the superior court of Chancery for the Richmond district, between Powell and others, and the administrators of the said William Ronald, dec'd, and others; a copy of which is among the exhibits in these suits, and of the co-partners of the said William Ronald and Edward Johnson, of whom the said William was surviving partner, if either party shall require the same to be taken, together with an account of the deft. William Bentley's administration of the estate of William Ronald, deceased, so far as any errors or omissions may be found therein, as also an account of any monies received by the said William Bentley, as guardian of the defts, co-heirs of the said William Ronald, dec'd, or in any other character, by sales, or otherwise, or any part of the real estate whereof the said William Ronald died seized or possessed, or to which he claimed any title in law or equity, to be by him examined, stated, settled, and to the court reported, with any matters though pertinent by himself or required by the parties to be specially stated. And the court doth order, that the said commissioners who may be, do (if the plaintiffs in these suits will consent thereto,) sell the said lands upon such credits as they may agree to, and take bonds with security from the purchasers, for the payment of the same, payable to the marshal of this district, and also retain the title of the said lands, and in case default should be made in the payment of the said money so agreed to be given for the said lands or any part thereof, that the said commissioners do sell such part of the land as shall be unpaid for, and pay the money so due into court, and the residue, if any, pay to the original purchaser. And on the motion of John Bracken and William Coleman, they are admitted parties plaintiffs in these causes, & a subpoena is awarded them against the defendants returnable here, &c.
A Copy. Teste, WM. MARSHALL, Clerk.
IN pursuance of the foregoing decree, we shall proceed to sell at Public Auction, for ready money, at the times and places following, that is to say:
The tract in the county of Powhatan, containing 1500 acres, at Powhatan court-house, on the third Wednesday in April, 1807, being the 15th of the Month, and court day of the said county; the other tract in the said county of Powhatan, containing forty-four acres, at the court-house of the said county, on the said then Wednesday in April next; The tract on Beaver-dam creek, in the county of Goochland, containing 900 acres, at Goochland court house, on the third Monday in April, 1807, being the 20th of the Month, and court day of the said county; and the other tract of ten acres, called Little Island, in the said county of Goochland, at the court-house of the said county of Goochland, on the said third Monday in April next, in the year 1807.
WILLIAM BERKELEY, JOSIAH ELLIS, WILLIAM MANN, Commissioners.
February 26.
IT being more advantageous to the defendants, who are interested in the foregoing tracts of land, that they should be sold, on credit, than for cash; and the plaintiffs, by their counsel, having assented to a sale on credit; the same will be accordingly sold on credit. The lands will be laid off for sale in the manner, which shall seem most beneficial. One fourth of the purchase money is to be paid down in cash; one half of the remaining three-fourths in six months from the day of sale, and the balance in nine months from the same period. The conveyances to the purchasers are not to be made, until the whole amount of their respective purchases shall be discharged. The Goodland lands will be sold at Goochland court-house on the court day thereof, in the month of April next; to wit, on the third Monday, being the 20th day of April.
WILLIAM BERKELEY, JOSIAH ELLIS, WM. MANN, Commissioners.
March 3.
IN CHANCERY.
Buckingham county, January court, 1807. Daniel and William Guerrant (for the benefit of James Rea and others their trustees,) vs.
Smyth Tandy & Nathan Ayres, Defts.
ON the motion of the plaintiffs by their counsel, and it appearing to the satisfaction of the court, that the defendant Tandy is not an inhabitant of this state; It is ordered and decreed, that unless he shall appear here on or before the next term and answer the plaintiffs bill, the court will then proceed to take the same for confessed as to him, and decree the matter thereof accordingly; and that a copy of this order be forthwith published in some public newspaper of the city of Richmond for two months successively, and another copy be posted up at the front door of the court-house of this county. A Copy. Teste, K. ELDRIDGE, Jr. D. e. Feb. 24.
IN COUNCIL, February 18th, 1807.
It is advised, that the following agents be appointed for the collection of the arrears of Taxes due this Commonwealth, viz:
William Nimmo, Jr. for the Counties of Accomack, Northampton, Princess Anne, Norfolk, and the Borough of Norfolk.
Park Street, for Nansemond, Isle of Wight, Southampton, Surry, Sussex, Prince George, Elizabeth City, Warwick, York, James City, Charles City, New Kent, Hanover, Henrico, Cities of Richmond and Williamsburg.
Peter C. Rice, for Gloucester, Matthews, Middlesex, Essex, King William, King & Queen, Lancaster, Northumberland, Richmond and Wellmoreland.
Theodore Hanford, for Loudoun, Fairfax, Fauquier, Prince William, Stafford and King George.
William C. Williams, for Culpeper, Madison, Orange, Spottsylvania, Caroline, Louisa, Goochland, Fluvanna, Albemarle and Amherst.
Joseph Forrett, for Frederick, Berkeley, Jefferson, Rockingham, Augusta, Shenandoah, Hampshire, Hardy, Pendleton, Monongalia, Ohio, Brooke, Harrison, Randolph and Wood.
James McFarlane, for Wythe, Montgomery, Monroe, Giles, Washington, Russell, Lee, Grayson, Tazewell, Rockbridge, Botetourt, Greenbrier, Bath, Kanawha and Mason.
William Norvell, for Henry, Patrick, Franklin, Campbell, Bedford and Pittsylvania.
Thomas T. Boulton, for Halifax, Charlotte & Prince Edward.
Major Edward Payton, Jr. for Dinwiddie, Greensville, Brunswick, Lunenburg, Mecklenburg, Chesterfield, Amelia, Nottoway, Powhatan, Cumberland and Buckingham.
DANL. L. HYLTOM, Clerk C. C. February 20.
NOTICE IS HEREBY GIVEN,
To all it may concern, that as Executor of Thomas Ferguson, deceased, of Cumberland county, I request all persons indebted to the said deceased, to come forward and make payment; and those who have claims, to make them known, as I will to close the business. ROBERT FERGUSON. Buckingham County, Feb. 17.
WASHINGTON TAVERN!
ODEN & MOORE have taken the WASHINGTON TAVERN, adjoining the Capitol Square, lately occupied by EDWARD HALLAM. As considerable expense, they have provided themselves with excellent accommodations for their friends, and invite their's and the public patronage. They are determined to keep as good a table and as genteel an inn as any in Richmond. Both the Co-partners having been well-versed in this business, flatter themselves with the expectation of rendering general satisfaction. Richmond, February 17.
DRUGS & MEDICINES.
WILLIAM WEST has purchased the stock of DRUGS & MEDICINES, belonging to the firm of Dr. Daniel Wilson & Co. at their Store on Main-street, Shockoe Hill, where he intends to carry on the business of an Apothecary. In addition to the Stock purchased of the said firm, he has just received a fresh supply of articles in that line, laid in for him by one well acquainted with their respective qualities, all are warranted genuine, and will be sold on moderate terms. Orders, &c. that he may be favored with, shall be promptly attended to. N.B. Just received a small invoice of patent Medicines, Copal Varnish and Paints. February 6.
JOHN TOMPKINS.
HAS received an assortment of GOODS Consisting of FLANNELS, Coatings, Blankets, Rote and Duffel Drabs, Frize, Kerseys, Pennangh, Cloths, Carpets and Carpeting, Bombazets, Saxan-down, Patent Cord, Powder and Shot, Dowlas, Sheeting, Kerseymerse, Calicos and Muslins, &c. &c. which he will dispose of on very liberal terms, by the piece or package. Nov. 14.
LOST.
A BOND, assigned to me by John Jordan, Joseph Eades, and Saml. Shelton, the obligors for £150. Dates, Feb. 1806, and pay the first January 1807. The public is cautioned against taking an assignment of said Bond—and any person who may be the holder of it is requested to deliver the Bond to me, for it will not be discharged, the said Eades having recurred the debt to me by a second bond. CHARLES YANCEY. Buckingham, Feb. 24.
NOTICE.
By virtue of three Deeds of Trust, executed to the undersigned, by William Cocke, of the county of Goochland, (and of record, in the court of that county,) for the purpose of securing the payment of a debt due to John Shelton and Son, and tending other debts due to John L. Harris & Co. will be exposed for sale, to the highest bidder, for ready money, at Goochland (Court House,) on the 31st day of March next:
A TRACT OF LAND, the property of said Cocke, now in the occupancy of George Underwood; lying in the county of Goochland, adjoining the lands of John Markham, John Lewis Powers,