The enquirer (Richmond, Va.), 1807-05-26 00:00:00

The Enquirer.
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE POST-OFFICE.....AT FIVE DOLLARS PER ANNUM.....(PAYABLE IN ADVANCE.)
VOLUME 4.]
RICHMOND, TUESDAY MORNING, MAY 26, 1807.
[NUMBER 5.
VIRGINIA BANK STOCK.....104.
Richmond Prices Current.
   D. C.     TOBACCO, : : : : : $ to 7 00   WHEAT, NEW, : : : : : 1 8   FLOUR—SUPERFINE, NEW, : : : 5 50   FINE, : : : : : 5 00   CORN, PER BARREL, : : : : 4 50   BACON PER LB. : : : : : 16   BAR IRON—PER TON, : : : 110 to 120   BEER—PER TON, : : : : 200 to 210   WHISKEY—PER GALLON, : : : 54  
Sales at Auction.
On Tuesday the 2d June next, at 10 o'clock in the forenoon, will be sold at public auction, at the late dwelling-house of Dr. James Currie, deceased, all his HOUSEHOLD & KITCHEN FURNITURE, a Carriage, a pair of carriages and two riding Horses, three male and two female house servants, a Shoemaker and a man at present bound as an apprentice to the blacksmith's business. A stock of Liquors, consisting of 1 half pipe and some demijohns of first quality old Madeira, and part of a pipe old Sicily Wine, French Brandy, &c. &c. a hogshead of Molasses and sundry other articles. Six months credit will be allowed on all sums above fifty dollars, the purchaser giving notes negotiable in the bank of Virginia, with approved endorser.
Those having claims against the late Dr. Currie, are desired to bring them in properly authenticated, and his debtors are requested to make immediate payment. ROBERT GORDON & JAMES CURRIE, } Administrators. May 12. tdf.
THIEF DETECTED!
On Monday, 18th inst. a NEGRO MAN, named ISAM (the property of Mr. Benjamin Hardin, of Albemarle county) was apprehended, by Robert Warner, one of the Constables for the City of Richmond; and in his possession found, A BRIGHT BAY HORSE, four or five years old, not shod, with his main fresh cut off, and bob tail, about four feet nine inches high. The owner may get his horse by proving his property, paying the expenses of advertising and feeding him, by application to HUGH DAVIS, Opposite Byrd's Warehouse. May 23. eptf.
THE PUBLIC
Is hereby cautioned from purchasing the two following Tobacco Notes, viz: ONE inspected at Trent's Warehouse, in the name of John Gregory, N o . 195, weighing gross 1540, nett 1362—the other inspected at the same Warehouse, and in the name of Edward Jones, N o . 1182, weighing gross 1590, nett 1548. As these notes were taken from the possession of the subscriber by some unknown villain, on the night of the 18th inst., those notes were contained in a black morocco pocket book, covering several bonds and execution, executed by different persons to Robert Maitland, and Christian. Also, several bonds, executed to the subscriber, viz: one bond on Thos Palmer, of 100 dollars, and one on John Hunt, of 10 dollars; also, one executed to Dudley Hunt, by Richard Thompson, of 28 dollars—one from Wm. Horn to Wm. W. Mason, of 71. 2f. 6d. and a great many different papers that I do not recollect. Also, a suit of clothes, viz: one walnut die coat, one dimity waistcoat, one pair blue able wove pantaloons, one linen shirt, one cravat, and one pair blue mixed socks. All these things were contained in a pair of red leather saddle-bags, with the subscriber's name on them—there was also two 20 dollar Virginia bank notes, in the said pocket-book. Any person delivering the saddle-bags to me or Mr. Chancellor H. Saunders of Richmond, with the whole of the contents, shall receive the reward of the above two bank notes, with an additional sum of twenty dollars. ROBT. SAUNDERS. Lunenburg, May 22. ep3w.
JAMES RIVER LANDS FOR SALE.
FOR sale, 1170 acres of Land lying in the county of Amherst, 12 miles from James River, where it is navigable to the City of Richmond—Two thirds of this tract is prime tobacco Land, and is inferior to none for the production of corn, Wheat, &c. affording a sufficiency of meadow Land and a desirable Mill seat, it lies convenient to two manufacturing Mills—The purchaser can have possession the first of December next, with the privilege of feeding small grain the ensuing fall. The Land will be shown by my brother Alexander B. Rose, Esq. in whose occupancy it is for the present year. One third of the purchase money will be required in hand, the balance in four annual payments. If not sold before, it will be offered at Public sale on the 7th July next, on the premises, upon the above terms. For further particulars apply to the subscriber. HENRY ROSE. Alexandria, May 22. tdf.
N. B. Letters by post will meet with regular attention. THE SUBSCRIBER HAS removed his office to the House formerly occupied by Mr. George Wythe—he will in future attend the county courts of Henrico, Chesterfield, Goochland and Amelia; the district court of Petersburg, and the courts held in the city of Richmond. JOHN BAKER. Richmond, May 22. 4t.
CITY OF RICHMOND: IN COMMON COUNCIL, May 18th, 1807. RESOLVED, by the President and Common-Council, in Common-Hall assembled, That it be the duty of the Sergeant of the City, to return to the Clerk of the Hall, a list of Insolvents for each year—that the Clerk cause the said list to be advertised in some newspaper, at least three times after the return; that have been made to the Hall for two months; and that this Resolution be published for three weeks in some one of the newspapers published in this City. A Copy. Teste, N. SHEPPARD, Clerk. May 22. ep3w.
JOHN HENRY, Has received, by the ship Remp, from Liverpool, FEW boxes of 4-4ths wide Irish Linen, cost from 16d to 4f. 2d. per yard, which he offers for sale by the piece or package—Also, on hand, of former importations, 7-8ths and 4-4ths wide Irish Linen, in well assorted packages—5-4ths wide Irish and German Sheeting, by the piece, and old London particular Madeira Wine in Pipes. May 22. eplm3.
JUST RECEIVED, AND FOR SALE, At his Jewelry Store, A GENERAL assortment of Swords, Belts, H. palettes, Plumes and Cockades; also Drums and Fife. Enoch Sullivan. May 1. tf.
SPRING GOODS.
THE SUBSCRIBERS HAVE RECEIVED THEIR SPRING GOODS, By the ship Ralle, from London, and United States, and Remp, from Liverpool. AMONGST WHICH ARE— BEST 7-4 Superfine Cotton Kerfeymeres and Cloths & Kerfeymeres, Cotton and thread Laces Drab Sattin and Black patent Hats, Dimities and Mullins, Calicoes, and Morocco Best Black Beaver and Hats and Caps, Drab Hats, Kenting's Bedticks, and Gentlemen's brown Cotton and Linen thread Hose, extra size, Checks, Brown and white Cotton, Smith's Bellows, Anvils and Black and white patent, Vices, Silk, do. Large Spades and Coal Black and white Ribbed, do. do. Shovels, Large Matresses, striped with hair, Black and white plain, Rolls and Onaburgs, do. do. Hoes and Scythe Blades Ladies Stockings of all kinds, Marseilles Quiltings, all kinds. ALSO, A few boxes choice Irish Linens, and 5-4 Sheeting, purchased in Dublin with cash. All of which will be sold low for cash, or country produce to good customers. ELLIS & ALLAN. A few sheets new Music, for the Piano-Forte. May 15. ep4w.
SPRING GOODS.
RICHARD BROOKE, AT THE SIGN OF THE PLOUGH, HAS just received a general assortment of GOODS, suitable for the season, all of which he will sell at the most reduced prices for cash or country produce:— AMONG THEM ARE— Superfine Cloths, Beeswax, do. Kerfeymeres, Elegant Leno Veils, English and India Nankeen, Extra long and short Kid Gloves, Irish Linens and Long Ladies Kid & Morocco Shoes, Lawn, Silk and Cotton Chambray, Book Mullins, Bandanna and Madras hdk. Plain & world's Leno's, 6-4 Cambric and Leno Shaws, Queens fancy do. Silk & Cotton Hosiery, Crapes assorted, Gingham and Calicoes, Furniture do. Marseilles & India Dimity, Dimity & Cambric do. A few pair handsome S. Cambric Mullins, Silk Gloves and Lac'd do. The upper part of his house, is, as yet, unoccupied and may be had by immediate application, on moderate terms. April 28. tf.
CHINA & GLASS.
The subscriber has just received from New-York, a handsome assortment of CHINA AND GLASS; THE FORMER CONSISTING OF COMPLETE & BROKEN SETS DINING China, and China Glazed Ware, a mongst which are a few handsome sets Nankeen, complete and broken sets Tea China, Bowls assorted, and Chimney ornaments. THE LATTER CONSISTS CHIEFLY OF Glass Luthers, Cut, moulded and plain Bowls, ditto Pitchers. Small Lemonade Cans, cut and plain Decanters, Water Bottles, Salvers, Goblets, Tumblers, Wine Jelly Glasses, Sweetmeats and Salts of different qualities. He has on hand a general assortment of the best GROCERIES, which he will sell low at wholesale or retail—and continues to keep a constant supply of Philadelphia Porter, Ale and Beer. DANIEL TRIPLETT. May 3. 6w.
JOHN M'ENERY,
Respectfully informs his friends and the public, that he has just received, by the ship United States, Capt. Hardy, from Liverpool, his spring assortment of SADDLERY, CONSISTING of almost every article in the business. Likewise Harnesses, Mountings, Plated and Brads of different patterns—Coach and Coachman Springs, Steps, long and short—Foot Men's holder Glais Strings—Laces—Fringes—Glais 24 by 20—22 by 20—and 20 by 18—Horse-men's & Pocket Pistols—Secret Locks. N. B. Just received, a neat assortment of Saddler's Leather—Skirting, Hog and Bag. All of which he will dispose of on moderate terms for cash. May 12. eplm.
VALUABLE LOTS FOR SALE.
On WEDNESDAY the 10th of June next, will be sold, at Auction, on the premises, if not previously disposed of at Private Sale, that beautiful SQUARE OF GROUND, BELONGING to Col. Quarrier, and now occupied by him. For the convenience of purchasers, it is divided into thirteen Lots, some of which are improved with dwelling houses, and every convenience for families, and all of them are well situated, either for business, (being near the Basin of the Canal and the Public Warehouse) or for the residence of families; having good prospects and a free circulation of air. A plan of the above property may be seen at the office of the subscribers, to whom, or to Colonel Quarrier, all persons desirous of purchasing at private sale, will apply. Terms made known on day of sale. TAYLOR & BROWN, Auctors. May 12. tdf.
THE SUBSCRIBERS, HAVE FOR SALE,
FINE old Medoc Claret, of the vintage of 1801, London particular Tenerife Wine, 1 set elegant French desert China, of the manufacture of Angouline, German Ticklenburg, by the piece or bale, Crates of Liverpool Ware and Sugar in barrels. Pickett, Pollard & Johnson. May 19, ep4w.
THE SUBSCRIBERS, HAVE FOR SALE,
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. ep4w.
THE SUBSCRIBERS, HAVE FOR SALE,
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. ep4w.
SPRING GOODS.
THE SUBSCRIBERS have just received from London and Liverpool, their usual supply of SPRING GOODS, which they will sell upon the most moderate terms, for cash, country produce or on credit to punctilious customers. JNO. & ROBT. GAMBLE, junr. May 12. ep4w.
VALUABLE PROPERTY FOR SALE.
Pursuant to a decree of the Superior Court of Chancery, for the Richmond District, in a suit depending in that Court, between John Pierce, surviving trustee of Samuel Beale, deceased, Plaintiff, and William Mosely, Defendant, will be exposed to sale, on the premises, for ready money, on the first Monday in June next, it being the first day of the said month of June:—
A CERTAIN TRACT or parcel of LAND, lying in the county of Halifax, in the state of Virginia, upon Staunton river, containing, by estimation, seven hundred and twenty-five acres, be the same more or less. This Tract of Land, was sold by Samuel Beale, on the 8th day of July, 1791, to the said William Mosely, and by said William Mosely, was conveyed by indenture of mortgage, bearing date the 22d day of June 1795, to Robert Andrews and John Pierce, acting trustees of Samuel Beale, then deceased, to secure the sums in the said indenture specified, which indenture is duly recorded amongst the records of the Court of the said county of Halifax. At the same time and place, will be sold, for cash, such of the negroes (also included in said mortgage) as can then be produced. The sale will be made pursuant to said decree, to raise the balance due on the mortgage, the costs of suit and the expenses attending the execution of said decree. HENRY E. COLEMAN, ROBERT CAMPBELL, } Commissioners. ISAAC H. COLES, JAMES EASTHAM, } tdf. April 28.
FOR SALE.
THAT valuable Tract of LAND, whereon Col. Peter Perkins formerly lived, in the county of Pittsylvania, on Dan river, adjoining the Saurian Town Lands, equal in quality if not superior to any Lands in that part of the country. The above Tract, contains upwards of one thousand acres, about three hundred acres of which, is low grounds, not subject to overflowing; the high Land is well timbered and produces good corn, wheat and tobacco, and lies level. On the above Land, there is a good dwelling house & other necessary houses, sufficient for the accommodation of a genteel family.—Also, a good apple & peach orchard, of choice fruit. The situation is very handsome, and not above twenty-five miles from Lynchburg, where the Peterburg price for tobacco can generally be obtained. The subscriber will sell a great bargain in the above Land, for cash, or part cash, & the balance on a credit accommodating to the purchaser. A further description is thought unnecessary, as it is supposed those who wish to purchase, would first view the Land, &c. The above Lands will be shown by the Subscriber, on the premises, or in his absence, by Philip Jenkins, Esq. who lives adjoining. Possession will be given in October next, and the purchaser can be furnished with stock of every description; also corn, Pork, &c. at moderate prices. N. PERKINS. May 1. 4w.
JOHNSON & REAT, JEWELERS & SILVER SMITHS,
Opposite Col. Mayo's new buildings: HAVE JUST RECEIVED FROM PHILADELPHIA, AN ADDITION TO THEIR FORMER STOCK; Which they are now offering for sale, at the most moderate prices, for cash, old Gold or Silver:— among which are— THE FOLLOWING ARTICLES, VIZ..... A elegant assortment of tortoise shell Combs, very large. Earrings of all sizes and of the most approved patterns. Watch Chains, Seals and Keys. Breast Pins of Pearl, Cornelian, Enamel, paste and plain Gold of many patterns. Besides many other articles in the Jewelry line. They have also Spoons of all kinds of their own manufacturing, Castors, Cake Baskets, Bottle Sliders, Cream-Pots, silver and plated Tea-pots, Plated Sugar Dishes, Goblets, Candle-ticks, Tea and Coffee Urns, &c. &c. Orders from any person or persons, will be paid the strictest attention to. May 19. tf.
Europe.
IMPERIAL PARLIAMENT.
HOUSE OF COMMONS, March 26.
CAUSES OF THE LATE CHANGE IN ADMINISTRATION.
Change of the British Ministry.—We have already published the Speech of Lord Howick, in the House of Commons, detailing the causes which led to the change of Ministry. As there was no member of the New Administration present, there was no counter statement given in that house. In the House of Lords, the same evening, Lord Grenville gave a similar narrative to that of Lord Howick, together with a brief discussion of the merits of the subject. Lord Sidmouth followed with farther explanations. Lord Hawkesbury, now Secretary of State, then rose, and in the following Speech corrected the statements of Lord Grenville and Lord Sidmouth. Lord HAWKESBURY was fully sensible of the delicacy of the question before the House; he felt the delicacy of the discussion when a question was at issue between a subject and his Sovereign. It was not for him to decide whether or not this discussion could have been avoided. Much had been said by the Noble Baron and the Noble Viscount of the publications that had taken place on this subject. Of these he knew nothing, and felt as much regret as any person that such statements should have found their way to the public. But he must observe, that previous to his having any knowledge of the transaction, there had been many rumours in circulation, directly contrary to the fact, and proved to be so by the stamp of the Noble Baron himself, which had proceeded, no doubt, from individuals not connected with his Majesty's Government. Under these circumstances, he had thought it his duty to request the permission of his Sovereign, after notice of the Noble Baron's intention had been given, to communicate the whole circumstances of the case to his friends, in order, that if this discussion should unfortunately come on, they might be prepared to meet it, and to state, on the part of His Majesty, what were those principles, both with regard to the honour of the Crown and the interests of the Empire, that had induced him to adopt the course which he had taken. The Catholic subject was not a new one. It had often been under consideration, and had about two years since, after the most ample discussion in both Houses of Parliament, been decided upon by the largest majorities ever known, considering the character and talents of the persons who had brought it forward. The Noble Baron had stated what would be the effect of the measure, both as to its immediate result, and with reference to its future consequences; but he should beg leave to state what had been the feelings of that illustrious person (Mr. Pitt,) whose virtues, character, and unrivalled abilities, were universally admired, beloved, and revered, but who unfortunately was then no more, upon this subject. When that distinguished Person had come last into office, though he had before withdrawn from his public situation in consequence of this measure, yet knowing the honest conscientious principles that prevailed against it, principles which ought to be upheld in any quarter, but still more in that exalted quarter in which they existed, he had not in consequence of any pledge demanded of him, but voluntarily engaged not to bring forward the question. He stated this as a fact known to himself, and not as a reproach to the Noble Baron; he stated merely what had been the opinion and feeling upon this subject of so high an authority, for which the Noble Baron must entertain as high a respect as himself. He had less difficulty in stating this, because he had always differed from his late Right Hon. Friend upon this question, which he had always estimated on the merits. He agreed entirely with the Noble Viscount, that if the policy pursued should not be steady on this head, they would be continually fomenting troubles and discontent. Whilst he was ready to admit that no ordinary law should
TO BE RENTED, FOR A TERM OF YEARS,
MY HOUSES and LOTS, situated in a most agreeable part of the city; also the BREWERY belonging to me, with the LOT upon which it stands, together with the COOPER'S SHOP, and the adjoining LOT, and the HOUSE and LOT, upon which the Spring that supplies the Brewery, is either or both are required. The situation of my property, consisting of seven half acre Lots, with the improvements, four of which are in one square, is well known to the citizens of this place, but it may not be improper, to inform those at a distance, that it combines advantages, which few or none in the city possess. The works of the Brewery are in good order, and the Malt, Kiln and Mill are equal to any in the United States. There being no other Brewery in this part of the State, it is an object worthy the attention of any person inclined to prosecute the malting and brewing business to advantage. Some valuable Coopers, a Drayman and Maltster, and several excellent House servants may be hired along with the other property. Possession of the Dwelling Houses and Lots may be obtained on a short notice, and of the Brewery, Houses and Lots attached to it, on or before the first day of September next. A Copy. Teste, N. SHEPPARD, c. e. n. May 5, 1807. ep3w.
WASHINGTON TAVERN!
ODEN & MOORE have taken the WASHINGTON TAVERN, adjoining the Capitol Square, lately occupied by EDWARD HALLAM. At 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.—Furnished ROOMS, adjoining the Tavern, and every necessary attendance, for families travelling.—Both the Co-Partners having been well-versed in this business, flatter themselves with the expectation of rendering general satisfaction. Richmond, February 17. tf.
FOR SALE.
THAT valuable Tract of LAND, whereon Col. Peter Perkins formerly lived, in the county of Pittsylvania, on Dan river, adjoining the Saurian Town Lands, equal in quality if not superior to any Lands in that part of the country. The above Tract, contains upwards of one thousand acres, about three hundred acres of which, is low grounds, not subject to overflowing; the high Land is well timbered and produces good corn, wheat and tobacco, and lies level. On the above Land, there is a good dwelling house & other necessary houses, sufficient for the accommodation of a genteel family.—Also, a good apple & peach orchard, of choice fruit. The situation is very handsome, and not above twenty-five miles from Lynchburg, where the Peterburg price for tobacco can generally be obtained. The subscriber will sell a great bargain in the above Land, for cash, or part cash, & the balance on a credit accommodating to the purchaser. A further description is thought unnecessary, as it is supposed those who wish to purchase, would first view the Land, &c. The above Lands will be shown by the Subscriber, on the premises, or in his absence, by Philip Jenkins, Esq. who lives adjoining. Possession will be given in October next, and the purchaser can be furnished with stock of every description; also corn, Pork, &c. at moderate prices. N. PERKINS. May 1. 4w.
JOHNSON & REAT, JEWELERS & SILVER SMITHS,
Opposite Col. Mayo's new buildings: HAVE JUST RECEIVED FROM PHILADELPHIA, AN ADDITION TO THEIR FORMER STOCK; Which they are now offering for sale, at the most moderate prices, for cash, old Gold or Silver:— among which are— THE FOLLOWING ARTICLES, VIZ..... A elegant assortment of tortoise shell Combs, very large. Earrings of all sizes and of the most approved patterns. Watch Chains, Seals and Keys. Breast Pins of Pearl, Cornelian, Enamel, paste and plain Gold of many patterns. Besides many other articles in the Jewelry line. They have also Spoons of all kinds of their own manufacturing, Castors, Cake Baskets, Bottle Sliders, Cream-Pots, silver and plated Tea-pots, Plated Sugar Dishes, Goblets, Candle-ticks, Tea and Coffee Urns, &c. &c. Orders from any person or persons, will be paid the strictest attention to. May 19. tf.
Europe.
IMPERIAL PARLIAMENT.
HOUSE OF COMMONS, March 26.
CAUSES OF THE LATE CHANGE IN ADMINISTRATION.
Change of the British Ministry.—We have already published the Speech of Lord Howick, in the House of Commons, detailing the causes which led to the change of Ministry. As there was no member of the New Administration present, there was no counter statement given in that house. In the House of Lords, the same evening, Lord Grenville gave a similar narrative to that of Lord Howick, together with a brief discussion of the merits of the subject. Lord Sidmouth followed with farther explanations. Lord Hawkesbury, now Secretary of State, then rose, and in the following Speech corrected the statements of Lord Grenville and Lord Sidmouth. Lord HAWKESBURY was fully sensible of the delicacy of the question before the House; he felt the delicacy of the discussion when a question was at issue between a subject and his Sovereign. It was not for him to decide whether or not this discussion could have been avoided. Much had been said by the Noble Baron and the Noble Viscount of the publications that had taken place on this subject. Of these he knew nothing, and felt as much regret as any person that such statements should have found their way to the public. But he must observe, that previous to his having any knowledge of the transaction, there had been many rumours in circulation, directly contrary to the fact, and proved to be so by the stamp of the Noble Baron himself, which had proceeded, no doubt, from individuals not connected with his Majesty's Government. Under these circumstances, he had thought it his duty to request the permission of his Sovereign, after notice of the Noble Baron's intention had been given, to communicate the whole circumstances of the case to his friends, in order, that if this discussion should unfortunately come on, they might be prepared to meet it, and to state, on the part of His Majesty, what were those principles, both with regard to the honour of the Crown and the interests of the Empire, that had induced him to adopt the course which he had taken. The Catholic subject was not a new one. It had often been under consideration, and had about two years since, after the most ample discussion in both Houses of Parliament, been decided upon by the largest majorities ever known, considering the character and talents of the persons who had brought it forward. The Noble Baron had stated what would be the effect of the measure, both as to its immediate result, and with reference to its future consequences; but he should beg leave to state what had been the feelings of that illustrious person (Mr. Pitt,) whose virtues, character, and unrivalled abilities, were universally admired, beloved, and revered, but who unfortunately was then no more, upon this subject. When that distinguished Person had come last into office, though he had before withdrawn from his public situation in consequence of this measure, yet knowing the honest conscientious principles that prevailed against it, principles which ought to be upheld in any quarter, but still more in that exalted quarter in which they existed, he had not in consequence of any pledge demanded of him, but voluntarily engaged not to bring forward the question. He stated this as a fact known to himself, and not as a reproach to the Noble Baron; he stated merely what had been the opinion and feeling upon this subject of so high an authority, for which the Noble Baron must entertain as high a respect as himself. He had less difficulty in stating this, because he had always differed from his late Right Hon. Friend upon this question, which he had always estimated on the merits. He agreed entirely with the Noble Viscount, that if the policy pursued should not be steady on this head, they would be continually fomenting troubles and discontent. Whilst he was ready to admit that no ordinary law should
TO BE RENTED, FOR A TERM OF YEARS,
MY HOUSES and LOTS, situated in a most agreeable part of the city; also the BREWERY belonging to me, with the LOT upon which it stands, together with the COOPER'S SHOP, and the adjoining LOT, and the HOUSE and LOT, upon which the Spring that supplies the Brewery, is either or both are required. The situation of my property, consisting of seven half acre Lots, with the improvements, four of which are in one square, is well known to the citizens of this place, but it may not be improper, to inform those at a distance, that it combines advantages, which few or none in the city possess. The works of the Brewery are in good order, and the Malt, Kiln and Mill are equal to any in the United States. There being no other Brewery in this part of the State, it is an object worthy the attention of any person inclined to prosecute the malting and brewing business to advantage. Some valuable Coopers, a Drayman and Maltster, and several excellent House servants may be hired along with the other property. Possession of the Dwelling Houses and Lots may be obtained on a short notice, and of the Brewery, Houses and Lots attached to it, on or before the first day of September next. A Copy. Teste, N. SHEPPARD, c. e. n. May 5, 1807. ep3w.
WASHINGTON TAVERN!
ODEN & MOORE have taken the WASHINGTON TAVERN, adjoining the Capitol Square, lately occupied by EDWARD HALLAM. At 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.—Furnished ROOMS, adjoining the Tavern, and every necessary attendance, for families travelling.—Both the Co-Partners having been well-versed in this business, flatter themselves with the expectation of rendering general satisfaction. Richmond, February 17. tf.
FOR SALE.
THAT valuable Tract of LAND, whereon Col. Peter Perkins formerly lived, in the county of Pittsylvania, on Dan river, adjoining the Saurian Town Lands, equal in quality if not superior to any Lands in that part of the country. The above Tract, contains upwards of one thousand acres, about three hundred acres of which, is low grounds, not subject to overflowing; the high Land is well timbered and produces good corn, wheat and tobacco, and lies level. On the above Land, there is a good dwelling house & other necessary houses, sufficient for the accommodation of a genteel family.—Also, a good apple & peach orchard, of choice fruit. The situation is very handsome, and not above twenty-five miles from Lynchburg, where the Peterburg price for tobacco can generally be obtained. The subscriber will sell a great bargain in the above Land, for cash, or part cash, & the balance on a credit accommodating to the purchaser. A further description is thought unnecessary, as it is supposed those who wish to purchase, would first view the Land, &c. The above Lands will be shown by the Subscriber, on the premises, or in his absence, by Philip Jenkins, Esq. who lives adjoining. Possession will be given in October next, and the purchaser can be furnished with stock of every description; also corn, Pork, &c. at moderate prices. N. PERKINS. May 1. 4w.
JOHNSON & REAT, JEWELERS & SILVER SMITHS,
Opposite Col. Mayo's new buildings: HAVE JUST RECEIVED FROM PHILADELPHIA, AN ADDITION TO THEIR FORMER STOCK; Which they are now offering for sale, at the most moderate prices, for cash, old Gold or Silver:— among which are— THE FOLLOWING ARTICLES, VIZ..... A elegant assortment of tortoise shell Combs, very large. Earrings of all sizes and of the most approved patterns. Watch Chains, Seals and Keys. Breast Pins of Pearl, Cornelian, Enamel, paste and plain Gold of many patterns. Besides many other articles in the Jewelry line. They have also Spoons of all kinds of their own manufacturing, Castors, Cake Baskets, Bottle Sliders, Cream-Pots, silver and plated Tea-pots, Plated Sugar Dishes, Goblets, Candle-ticks, Tea and Coffee Urns, &c. &c. Orders from any person or persons, will be paid the strictest attention to. May 19. tf.
Europe.
IMPERIAL PARLIAMENT.
HOUSE OF COMMONS, March 26.
CAUSES OF THE LATE CHANGE IN ADMINISTRATION.
Change of the British Ministry.—We have already published the Speech of Lord Howick, in the House of Commons, detailing the causes which led to the change of Ministry. As there was no member of the New Administration present, there was no counter statement given in that house. In the House of Lords, the same evening, Lord Grenville gave a similar narrative to that of Lord Howick, together with a brief discussion of the merits of the subject. Lord Sidmouth followed with farther explanations. Lord Hawkesbury, now Secretary of State, then rose, and in the following Speech corrected the statements of Lord Grenville and Lord Sidmouth. Lord HAWKESBURY was fully sensible of the delicacy of the question before the House; he felt the delicacy of the discussion when a question was at issue between a subject and his Sovereign. It was not for him to decide whether or not this discussion could have been avoided. Much had been said by the Noble Baron and the Noble Viscount of the publications that had taken place on this subject. Of these he knew nothing, and felt as much regret as any person that such statements should have found their way to the public. But he must observe, that previous to his having any knowledge of the transaction, there had been many rumours in circulation, directly contrary to the fact, and proved to be so by the stamp of the Noble Baron himself, which had proceeded, no doubt, from individuals not connected with his Majesty's Government. Under these circumstances, he had thought it his duty to request the permission of his Sovereign, after notice of the Noble Baron's intention had been given, to communicate the whole circumstances of the case to his friends, in order, that if this discussion should unfortunately come on, they might be prepared to meet it, and to state, on the part of His Majesty, what were those principles, both with regard to the honour of the Crown and the interests of the Empire, that had induced him to adopt the course which he had taken. The Catholic subject was not a new one. It had often been under consideration, and had about two years since, after the most ample discussion in both Houses of Parliament, been decided upon by the largest majorities ever known, considering the character and talents of the persons who had brought it forward. The Noble Baron had stated what would be the effect of the measure, both as to its immediate result, and with reference to its future consequences; but he should beg leave to state what had been the feelings of that illustrious person (Mr. Pitt,) whose virtues, character, and unrivalled abilities, were universally admired, beloved, and revered, but who unfortunately was then no more, upon this subject. When that distinguished Person had come last into office, though he had before withdrawn from his public situation in consequence

ever the purpose for which it had been intended; the result of which was that they thought it better to drop the bill altogether, with some reservations, of which he proposed to take some notice before he should sit down. In withdrawing the bill, it appeared that they had made two reserves; first, that they should be at liberty to declare their opinions on the general policy of the measure, as well on the withdrawing the bill, as on the event of the Catholic Petition being presented. The second reserve was, that as a Government, they should be at liberty to bring the subject, from time to time, under his Majesty's consideration, by recommending such measures as they might deem proper to be adopted. Where any individual consents to give up any measure, he had no doubt a right to propose conditions; but in this case there were two parties, and though the Ministers had a right to propose conditions, the situation of his Majesty was not to be forgotten.
He should not say that they had not conscientiously proposed these reserves, but he asked their Lordships to consider what would have been the situation of the King, if he had acceded to the proposition. What would have been the effect of such an assent, but to divide the unity of the executive? Would it not be to destroy the Constitution, one of the wise maxims of which was, that the King could do no wrong, thereby casting a veil over his sacred character? Would it not have the effect of calling the whole odium on his Majesty, of resisting the measure, and of giving the whole popularity to his Ministers? Was his Majesty to wait until the time should arrive, when his Ministers might think it convenient to bring the question again forward with more prospect of effect? He was not aware of any other alternative his Majesty had, when they had refused to withdraw their statement, or to make any promise respecting the future, but that which he had adopted. The Noble Baron's opinion had certainly been known to his Majesty on this subject, but his Majesty could not forward, or whether his opinions upon it might not have derived additional strength from the decision upon the question by the greatest authorities that had ever been known upon any public question. But when they had given up their half measure, it was rather extraordinary that they should reserve the power of bringing forward the whole question. All that he had authority to state on the part of his Majesty was, that the measure which had been brought in was widely different from that which had been sanctioned by his Majesty, as first proposed. He could distinctly state with reference to this subject, that until he had been called upon, in conjunction with his Noble and Learned Friend (Lord Eldon) by his Majesty, he was ignorant of this transaction. But having been so called upon by his sovereign, he should have shrunk from his duty, if he had not yielded obedience to his commands. He was fully aware of the weight that was to be derived from the support of all the great interests that had given their countenance to the late Administration; he was sensible of the splendid talents of the Noble Baron, and of the great energies that were necessary for the Government in the present crisis, but he should have shrunk from his duty, if he had not been ready at the call of his Majesty to come forward on a question which he thought necessary, for upholding the dignity of the Crown, for maintaining the interests of the country, and for maintaining the public establishments, which he looked upon as intimately connected with the prosperity of the empire.
Domestic.
CONTEMPT!!!
FROM THE AMERICAN CITIZEN. Morgan Lewis, vs. William Few, Pierre C. Van Wyck, and James Townsend. SUPREME COURT. Motion for attachment. The court had granted a rule for the defendants to show cause why attachments should not issue against them, namely, William Few, as chairman, and Pierre C. Van Wyck, and James Townsend as secretaries of two several general meetings of the republicans of this city, held at Martling's a short time previous to the election, at which meetings certain resolutions were passed and an address to the state adopted, and ordered to be published, with their respective names affixed, as chairman and secretary. The plaintiff, Morgan Lewis, was a candidate for re-election to the office of governor of this state. At a previous general meeting of the citizens of New-York, of which Thomas Farmer was chairman, the official conduct of Mr. Lewis, as executive of this state, was censured in a series of resolutions, which were passed, and ordered to be published, with the name of Mr. Farmer, as chairman, affixed. For so instituting and publishing, Morgan Lewis instituted a suit against Thomas Farmer, and in his declaration laid his damages at one hundred thousand dollars. The suit thus instituted by Mr. Lewis, was censured in the resolutions and address adopted by the two meetings, of which Col. Few was chairman, and Mr. Van Wyck and Mr. Townsend were the secretaries; and for publishing the resolutions and address, the defendants were yesterday to show cause why attachments should not issue against them.
THE COURT. Chief Justice Kent. Mr. Justice Thompson. Counsel for plaintiff—Messrs. Coëden and Slosson. For defendants—Messrs. Emmet, Riker and Sanford. The defendants produced an affidavit, stating, that in the publications in question, no contempt was meant; that Mr. Lewis was a candidate for the chief magistracy, and that the effect intended to be produced was merely political. These positions were supported by Mr. Sanford, who opened the argument, went at length into the British doctrines of contempt, and maintained that the right of the people to assemble, and canvass the character and conduct of candidates for elective offices, is a right appertaining to the citizens of the United States, and guaranteed to them by the constitution. Mr. Sanford was followed by Mr. Slosson, who was interrupted by the chief justice. Mr. Riker pointed out peculiarly the inapplicability of the case read by Mr. Slosson, and was proceeding with his argument, when Mr. Coëden rose and having spoken a few words as to which side should close the argument, observed that he would leave the cause with the court. Mr. Riker followed, and was proceeding to justify the publications signed by the defendants, on the ground of the constitution, when
The chief justice said that as it appeared that no contempt was meant, and that the defendants had behaved themselves like gentlemen, the court were disposed to dismiss the rule; he added that Gov. Lewis's publication in the Chronicle was within the opinion of Mansfield, which had been cited, and was in excuse of the defendant. Here Mr. Van Wyck rose and remarked, that he wished the question to be decided upon its own merits; he wanted the question of right to be determined—he wished not to be justified by any conduct of Gov. Lewis. The chief justice thought the publication a contempt, but that the defendants had purged themselves of it. The right to assemble & freely to examine the character and conduct of candidates, was, he said, undoubted, and if the publications in question were essential in exercise of that right, they were not a contempt. The rule was dismissed, and governor Lewis is driven out of court with the contempt of every man in it. The gentlemen of the federal party, looked at each other pensively, and with a sorrowful shrug seemed to say—have we been such fools as to vote for this silly man?
NEW-ORLEANS, April 17, 1807. SIR, I have just seen General Adair's appeal of the 4th of March, which is not unanswerable, and will be noticed in due season; In the mean time have the goodness to publish the enclosed extract from the Telegraph of this city. Let the reader understand that the general arrived here on the 14th of January; that Mr. Ralston's communication was made to Doctor Carmichael on the 12th of the same month, and that the distance between the two places is more than two hundred miles: combine to these stubborn facts the report of Doctor Claiborne, and it will puzzle the general to explain away the real motives of his circuitous route and unexpected visit to this city. When the delusions of the moment are dissipated, when passion has subsided, when reason and justice have resumed their empire, and all the documents and facts I possess are exposed to the public—the citizens of my country will be taught how to respect the calumnies by which I am assailed, and to estimate my honor, my fidelity and my services to the state. In the mean time I brand with falsehood, whatever may be uttered to prejudice my integrity, by col. Burr, his coadjutors, or their numerous and powerful associates. My conduct has always defied enquiry—Let it be tested by fair investigation. JAMES WILKINSON. To the Printer of the American.
From the Telegraph of April 7. MR. BELLEURGY. SIR, Be pleased to assure the public, that the substance of the letter imputed to general Adair, and Adair, and said to be addressed to the Kentucky delegation in Congress, presents a vile and an infamous breach of truth and honor, unworthy even a conspirator, unless, indeed, the example of Mr. Burr and his friends may sanction falsehood and give repute to calumny. This patriot general assured an officer the night after he was arrested, that he "had came hither to meet a couple of boats loaded with provisions, which he expected down the river; and now we find he had repelled the treasonable offers of gen. Wilkinson, and turned land-jobs.—Reader! cast your eyes over the following documents, you will find an answer to the declarations of the innocent, virtuous and injured general, and the apologies of his friends, his numerous friends in this city and elsewhere. VERITAS. April 8, 1807.
New-Orleans, March 17, 1807. GENERAL JAMES WILKINSON, SIR, In compliance to your request of yesterday, relative to the period of general John Adair's arrival and departure from the city of Nashville, Tennessee, and the conversation that passed between us, whilst there, I hasten to make the following statement, which I believe to be a correct one: General John Adair and Col. Burr arrived at Nashville about the middle of December last, from Kentucky, they lodged at the same house, and occupied, I understood, one room. They left Nashville in a few days of each other, gen. Adair by land and Col. Burr by water. From a previous conversation with Adair, an impression was made on my mind, that he had either returned to Kentucky, or had gone to visit the tract of country lately ceded to the United States by the Chickasaw Indians, on the waters of Duck river, having expressed a determination of making a purchase in that quarter, if the lands answered the description. He mentioned his intention of visiting New-Orleans in the course of 8 weeks from the time of his arrival in Nashville, and that he would be happy if I could be ready to accompany him. I heard no more of the general for a week, when I was informed by a gentleman from Natchez, that he had met him and his servant in the Chickasaw nation, travelling with great rapidity, in a direction to the Mississippi territory.—His business in this quarter I know not. I believe the above to be all that passed us. I have the honor to be, Respectfully, Your obedient servant. (Signed) THOS: A. CLAIBORNE. His Excellency General Wilkinson. County of Orleans, ff. Personally appeared before me, the subscriber, one of the Justices of the Peace in and for the said county, Doctor John T. Carmichael, who on his solemn oath declares, that on the evening of 11th of January inst. a Mr. Ralston and a Mr. Floyd, the son of capt. Floyd of Louisville, Kentucky, called at the house of this deponent, spent the evening, and breakfasted with him the next day; that the conversation during the evening and the morning generally related to the various opinions in circulation respecting col. Burr, and the situation of this country; that after breakfast Mr. Ralston opened his business with this deponent, stating that he had defended the Mississippi as far as New Madrid, in company with col. Burr, where he left him; that gen. Adair had gone to New-Orleans by a circuitous route, and that his intention was to communicate with gen. Wilkinson, and return so as to meet them at my house about that time if possible; that it was an object with them to ascertain the exact situation of the fort at Baton Rouge, the state of the works, the number of men, its weak situation; and that Fort Adams was also a place of some consequence, they enquired what U. S. troops were there, and who commanded them; where the Gun-Boats were, and who individually commanded them; who was the commanding officer of the Marines. All these questions were answered by this deponent as far as
he had been acquainted with them. The said Ralston and Floyd then proposed to this deponent to visit Baton Rouge, to ascertain the exact situation of that fort, but declined when the orders of col. Grand Pree were stated, and the difficulty attending such an enterprise. Mr. Ralston informed this deponent that col. Burr was to be on the 12th day of January inst. at Bayou Pierre, where he was to wait for his reinforcements, and to receive his information from his agents, who were circulated through the country at that time; that the first object of col. Burr was to take Baton Rouge, where he was to raise his standard, and to make his communication to the government of the U. States, where he was to be joined by the men already engaged, to the amount of ten thousand if necessary; that the number of men at present with col. Burr did not exceed one hundred and fifty; but col. Burr's arrangements were made, that the men already engaged in Kentucky and Tennessee should join without shew, so that no possible alarm or suspicion on the part of the general government might take place before he had left the territory and taken possession of Baton Rouge. Mr. Ralston farther stated to this deponent, that it was not the intention of col. Burr to promote and make a separation of the union, but to act against the Spanish government, and mentioned the intended expedition against Mexico.—When this deponent mentioned the name of capt. Shaw, Mr. Ralston observed, that if he was one of the Mediterranean officers he was friendly to their measures—that it was well understood that a large proportion of the officers of the army and Mediterranean officers were already engaged in their interests. Mr. Ralston expressed great surprise at the conduct of gen. Wilkinson in arresting certain characters, Swartwout, Ogden, Bollman and Alexander, and repeatedly asked this deponent what he thought of the conduct of gen. Wilkinson, and whether he believed he had deserted the interests of the party, or was it only to cover his greater objects. This deponent further declares that Mr. Ralston and Floyd visited Fort Adams on the evening of the 12th of January inst. between sun-set and dark, and that he observed them to walk round the said Fort. (Signed) JOHN F. CARMICHAEL. Sworn and subscribed before me, the 18th day of Jan. 1807. (Signed) B. CENAS, Justice of the Peace.
I certify that on or about the 25th Jan. 1807, in conversation with General Adair (a prisoner of the U. S. then in my charge) he observed that if he had been permitted to have remained 48 hours in New-Orleans, unopposed, it would not have been in the power of gen. Wilkinson to have arrested him, that he believed he had more friends in New-Orleans than the General, and if he had known or thought the general would have arrested him, he would have bro't with him his equipage for his protection. He further observed that as the General had arrested him without authority, that he would take Indian Satisfaction from him, made use of many threats, and swore he would take the life of the General the first opportunity. (Signed) J. S. SMITH, Lieut. Artillerie. Personally appeared before me this 24th March, 1807, James S. Smith, Lieutenant in the army of the U. S. of the U. S. who being duly sworn on the Holy Evangelists, doth declare the above statement to be true. Sworn this 24th of March 1807. (Signed) DOM: A. HALL, District Judge of the U. S. for the Orleans District.
NORFOLK, May 21. Mr. Hollins of Baltimore, who arrived here on Tuesday, gives us the following account of the friendly conduct of the British armed vessels off our Capes. That he was passenger on board the Sch't Messenger, belonging to Mr. Thomas Tenant, of Baltimore, from which place she sailed on Thursday last bound to Barcelona, loaded with furs on the owner's account, and that on leaving the Capes of Virginia, was chased by the British frigate Melampus, Captain Hawker, boarded in sight of land, and after taking Mr. Hollins, the mates, and all the hands before the mast on board the frigate, without further ceremony, put a prize master and hands on board, and sent her for Halifax. A few days before, the same frigate captured off the Capes, a Baltimore brig from the East-Indies bound to Baltimore, and sent her for Bermuda under the kind protection of the Bermuda sloop of war.—Mr. H. adds, that he knows the above captured vessels and their cargoes to be American property. They would give no cause for their unwarrantable proceedings, but say, that they are cruising for vessels from La Vera Cruz bound into the Virginia Capes! But from their conduct the blockading of the French ships appears only a faint to plunder Americans of their property. How long shall we submit to such insults, is a query. Herald.
The Enquirer.
RICHMOND, 26th Mar. TRIAL OF AARON BURR. Circuit Court of the U. States for the fifth circuit and District of Virginia. Present JOHN MARSHALL, Chief Justice of the U. S. And CYRUS GRIFFIN, Judge of the District of Virginia.
FRIDAY, May 22. The court was opened at half past 12 o'clock; when Aaron Burr appeared, with his counsel, Messrs. Edmund Randolph, John Wickham, Benjamin Botts and John Baker. Council for the prosecution: Messrs. George Hay, district attorney; William Wirt and Alexander McRae. The Clerk having called over the names of the gentlemen who had been summoned on the Grand Jury. Mr. Burr's counsel demanded a fight of the Panel. It was handed to them. Mr. BURR. May it please the court, before further proceeding with regard to any new arrangement or the swearing of the jury, it will be necessary to remark some irregularity that has taken place in summoning part of the Panel. This is the proper stage of the business for making such exceptions.—I understand that the marshal in this course acts according to the laws of Virginia, and not an act of Congress. According to these laws, he is to summon 24 Grand Jurors. When he has summoned that number, his function is completed. He cannot on any account summon a twenty-fifth. If therefore it can be made to appear, that any part of the original panel has been struck off, and that other persons have been substituted in their place, it is an illegal summons. Such
is the law; and such is the true dictate of policy: for on important cases like the present, an opposite course would be fraught with the most injurious consequences.—I think it necessary, therefore, to make an investigation into this point. I do not consider it improper to ask the marshal and his deputies, at what time they summoned the different parts of the panel: whence it may be known, at what time different parts of it came in, and whether some have not been substituted in place of those stricken off.—I suspect that some few on this panel are placed in that predicament. When we have settled this objection, I shall afterwards proceed to exceptions of a different nature.
Mr. BOTTS observed, that it was the 28th of the Judicial acts of Congress which refers to the duties of the Marshal; besides a distinct act which enumerates other duties. Neither of those laws specified any particular mode by which marshals were to summon Jurors in the different districts.—By the 1st section of the Virginia act, the sheriff is to summon 24 freeholders; any 24 of whom appearing are to constitute a Grand Jury. The 1st section does not state he is to make a return; but a distinct act does state a penalty, if he violates the duties prescribed by the 1st section. Col. Burr is anxious to have nothing more than a fair trial. He asks the strictest scrutiny into all measures, and into those, which may subsequently arise. An important interest is involved in the authority of the Grand Jury; and if there be any irregularity in the Marshal's summons, it ought now to be rectified.—By the act of Virginia, a sheriff, and by the law of Congress, a Marshal, are mere ministerial officers bound to discharge a certain duty.—He is to summon 24 Jurors: when that is done, his duty is at an end, and his act is irrevocable. If any other measures are to be pursued, it must be done before the Court, who have the authority to excuse those who have been summoned; and to direct the Marshal to substitute others, until the necessary quorum be completed. Mr. B. observed, that he had no intention of casting the slightest imputation upon the Marshal for his conduct in this transaction; that his honourable character placed him above suspicion; and that if there be any fault, it must have solely arisen from official misconception: that he did not propose to interrogate Major Scott in any form, that might possibly criminate him; but that the court had a right to enquire into his conduct, and if any error was found, to correct it: that if he was however overruled in this motion, he would then crave the court for leave to produce testimony on the facts: that he took it for granted, if a single moment intervened between the summoning of a juror, and the meeting of a court, that the court alone had the power to discharge him: that with regard to the present panel, it would in some of the cases appear, that the marshal after summoning one individual, had notified another to attend; in other words, he had summoned him according to the legal definition of the term "summons." Was this the duty of the marshal? Certainly not. When the original panel is complete, his duty is at an end. He must return that very panel precisely in its original shape without any addition. What mischiefs might not result from a different practice; particularly in cases of extreme importance where the government was concerned; since the marshal depended upon the government itself for the duration of his commission?—Mr. B. therefore contended, that the ministerial duties of a marshal ceased with the summons which he gave; and that if the jurors did not appear, it was the privilege of the court to supply any illegal deficiency. He cited the decision of the Supreme Court of the United States in the case of Marbury vs. Madison, to shew, that when the ministerial duty of an officer was discharged, his power necessarily ceased, and his act was irrevocable. This doctrine was of universal application in law; both in America and England. It was applicable to a sheriff, after he had served a common writ of Fieri facias. If he summons a petit juryman, who fails to attend before the court, it is the right of the court alone to fine or to excuse him.—Mr. B. observed, that he wished to ask the marshal who were the 24 whom he had first summoned; for that these 24 constituted the Grand Jury. Every one beyond that number was illegally summoned. It was the right of Col. B. to demand such a purgation of the panel.
Mr. HAY observed, that he was not prepared to make any observations upon this question, as it was a point, which he had never before had any occasion to consider; that the proposition, however, was of no great importance, since if any of them were set aside, there would still be a sufficient number remaining to constitute a jury, or the deficiency might be supplied by a new summons among the bye-standers. If there were in reality any objection to the regularity of the summons, he was willing to accommodate the opposite counsel: that he was not certain, how far it was strictly proper to interrogate or to examine into the time of summoning the different members of the panel, as he had not been very conversant with business of this kind: he was however content, that the court should decide; and if it be their opinion, that the Marshal should be interrogated, how many jurymen he had summoned, and when he had discharged them, he should feel perfectly satisfied.
Mr. WICKHAM. We declare, Sir, before we go into this enquiry, that we mean no personal imputation upon the respectable marshal. His intentions were evidently pure; it is an error of judgment alone to which we can possibly object. But in the present case, where such important interests are at stake, and where such unjustifiable means have been used to prejudice the public mind against col. Burr, it was his right to take every advantage which the law gave him.—We are prepared to show, that when a person is bound in a recognizance, he has a right at this period of the business, to come before the court with his exceptions to the G. Jury. And if in any other case, why not in one of such deep importance, as the present?—As a proof of this position, Mr. W. cited 5 Hawk. Pleas of the Crown, p. 207 16 sect. and 3 Baco. Abr. 725.—Whether we might afterwards file a plea in abatement for the error committed, is not now to be mentioned. It is col. B.'s anxious desire that this whole affair should terminate here; and that this Grand Jury may determine his case.
The CHIEF JUSTICE asked for the law of Virginia. Mr. HAY read the law (Rev. Code p. 100. S. 2.) The construction placed upon this part of the law seems to me far more rigid, than found sense warrants.—By this law the Marshal is empowered to select 24 freeholders, legally qualified, to serve on the Grand Jury. The officer, in many cases necessarily ignorant of the situation of an individual, summons him to attend. The person informs him, that from some personal misfortune, some domestic calamity, or some indispensable business, it is impossible for him to attend. We ask, whether the accurate construction of this law forbids him to summons another in his place? Where is the legal authority to prove, that when he has once summoned 24 Jurymen, his ministerial function
is at an end?—The moment it appears in court, that the legal number of Jurors is not present, he is to fill up his panel from the bye-standers. We appeal to the candour of the opposite counsel to point out the real distinction between the two cases. Why should the marshal have the right to fill up his panel, when it is once ascertained before the court, that some of the Jurymen have not actually attended; and yet deny to him the right of substituting others in the place of those he has summoned, but who, he is satisfied before the meeting of the court, cannot attend? Instead of a difference, the two cases are strikingly parallel.—What the fact was, Mr. H. said, he knew not: But he believed that some of those who were said to be substituted, had not been positively summoned by the marshal, but had been merely applied to, to know whether they could attend.
Mr. WICKHAM contended, that the counsel for the U. States had not fairly met the question. There is a doubt, whether Col. B. has a right to come forward with his exceptions now to the Grand Jury. As the authorities on this subject are short, he would take the liberty of reading them to the court;—From those authorities it manifestly appeared, said Mr. W. that a person bound in a recognizance had a right, before the Grand Jury were sworn, to state his exceptions to the mode of empanelling them. It is for this reason, that Col. B. has in this stage of the business come forward with his objections.—Mr. HAY contends that our construction of the law is more rigid than sound policy demanded. But when the words of the law are obvious, why should we resort to a dubious construction? Ita lex scripta est. But if we were to wander into the wide fields of policy, how completely would it bear against the gentleman's cause? God forbid! Sir, that I should utter the slightest imputation upon the character and official conduct of Maj. Scott. They fear above suspicion. But if once the marshal, who holds his commission at the will of the government, were permitted to alter the panel as he pleased, the life of every citizen in this state would be held at his pleasure.—It is therefore essentially important that the ministerial officer should rigidly pursue the statute from which he derives his duties. And what is this duty in the present instance? He is to summon 24 freeholders to serve on the Grand Jury; any 18 of whom may constitute a quorum.
Mr. H. declares that this provision was a mere matter of form; for if there be not a sufficient number present to constitute a quorum, the marshal may make up to the full number of 24. But this is not the fact. If 16 jurymen attend, the marshal cannot add one more.—Let us then apply a supposition case. The marshal, if notified, that one of the jury, whom he has summoned, cannot attend, is authorised according to Mr. Hay's doctrine to summon a substitute. It is no impediment to the exercise of this authority, that there be the legal quorum of 16 remaining upon the panel; he may proceed to summons substitutes, until he completes the whole number of 24. And yet if the same case were to happen in court, the marshal would certainly have no authority to complete the whole number. Why then suppose such a difference of authority in and out of court; why not rather suppose that the marshal has no authority to do that out of the court, which he has none to do before the court?—Let us suppose another case. A Grand Juror has been summoned for several weeks, before the meeting of the court. The bare authority of the marshal is sufficient, according to this doctrine, to excuse him from serving, and to substitute another in his place, only one hour before the meeting of the court. Mr. W. declared he could mention the case of a man, who has been excused from this very panel.
THE MARSHAL. Name him, Sir, I demand his name. Mr. WICKHAM declared he meant no imputation upon Maj. Scott; but he would not submit to such interruptions.—If no sufficient excuse is given by the absent juror, he is subject to a fine. Is it then contended, that the marshal is to sit in the place of the court; not only to relieve the person of the juror, but his property also from the fine? The words of this law are too plain to be mistaken; and there is no necessity of resorting to any construction. One word more, said Mr. W. If the marshal has really transcended his powers in this instance, I do not hesitate to declare my opinion, that he intended to discharge his duty with fidelity. It was no more than an error, to which all men, however versed in the law, are liable.
Mr. HAY. Will the court indulge me with a single additional remark? I stated before, that when the marshal found one of the Jury, whom he had summoned, could not attend, he was authorised to summon a substitute, before the commencement of the succeeding term.—Mr. Wickham, however, contends, that the marshal cannot summon others after 16 have actually appeared, but for what reason? Because there is really no occasion for it. The object of the law is attained. The Grand Jury is complete; and it may not be necessary to take other steps, when that Grand Jury is legally full.—But before the court convenes, how is it possible for the marshal to know how many will attend? According to the doctrine of the opposite counsel, therefore, there may be no Grand Jury. It is to multiply the chances for this quorum, that I contend for the power of the marshal to fill up the substitutes which may occur. This is certainly a very obvious distinction between the two cases.
THE CHIEF JUSTICE enquired, whether this question had ever come before the state courts. Mr. RANDOLPH. Not, Sir, to my knowledge. I was more than 30 years engaged as the attorney for the Commonwealth. But never have I witnessed a case like the present; never have I seen one, where it was so absolutely necessary to assert every privilege, which belongs to the accused.—But as to the abstract right itself, I have never hesitated a moment to admit its existence. It is a right, written in broad intelligible characters. Sir, if ever we submit to these relaxations of the privileges of the accused, a time may possibly come, when we may lament the precedent we have established; when men less virtuous than the present respectable marshal, shall succeed to his functions. But the question in the present case is not so much, what has been the fact; what has been the practice of our State Courts; but what is the right. If this right has never been before asserted, it is because there never was an occasion on which so imperiously demanded it as the present one, because never was there such a torrent of prejudice excited against any man before a Court of Justice, as against col. Burr; and by means too, which we shall presently unfold.
THE CHIEF JUSTICE delivered the opinion of the Court. As this question has never been decided before the State Courts, we must refer to the words of the act of Assembly alone.—There can be no doubt, that this is the time when the accused has a right to take exceptions to the Jury; and the only doubt can be, is this exception a proper one?

The marshal is authorized by law to summon 24 Jurymen. But he is not to summon a 25th. Of course the 25th is not summoned, unless he has the power to discharge a person already summoned. The 25th therefore is not summoned. Unless the jury be composed of bye-standers, the 24 first summoned must form the jury; 16 of whom constitute a quorum. It follows, therefore, that no one can be on the Grand Jury, unless he be one of the 24 first summoned, or one who has been selected from the bye-standers on the direction of the Court. When then the Panel has been once completed by the marshal, its deficiencies can be supplied from the bye-standers only. The Chief Justice observed, that he was not very well acquainted with the practice in our State Courts, but he believed that it had been the practice of the sheriffs, to excuse a man summoned on the jury, if he was satisfied with the excuse. So it may have been with the officer of this court, whom he himself did not doubt had acted with the sincerest regard to what he had believed to be the law. The court is, however, of opinion, that the marshal has no such dispensing power. One very obvious reason against the marshal's possessing this power of substitution was, that if a person summoned should come into court and prove that he had been actually summoned, he certainly would be on the Grand Jury. The general principle is, that when a person is put on the panel, he stands upon that panel; and cannot be displaced by the marshal. There is an evident discrimination between thus summoning a Grand Jurymen and merely talking to a person about summoning him. The court, therefore, is of opinion, that a person substituted in the place of one actually summoned, cannot be considered as being on the panel.
Mr. BARR.—The Court having co-incided with the principle laid down, we must ask their aid to come at the facts. We wish to know, when certain persons were summoned, when discharged, and whether others were substituted in their room.
THE MARSHAL.—said he had not the least objection to state all the facts, necessary to be known on this occasion.—A few days ago, he had received a letter from Col. John Taylor of Carolina, one of those who had been summoned on the Jury: in which he states, that a hurricane of wind had injured his Carriage-House, and with it, his Carriages so as to prevent his using them; and that his indisposition prevented his riding on horse-back to Richmond. This letter he had laid before both their honours and the Chief Justice had deemed his excuse reasonable. He had then summoned Mr. Barbour to serve in Col. Taylor's place.—He had also received a letter from Mr. John McRae, informing that he was going to leave the state for his health. He had in consequence summoned Dr. Foushee in his place. The marshal added, that he had felt it to be his duty to bring 24 Jurymen into court; and upon this principle he had acted.
Mr. BARR.—It seems to be established, that Mr. Taylor and Mr. McRae have been struck off the panel. Their substitutes were—
THE MARSHAL.—Dr. Foushee and Mr. Barbour.
CHIEF JUSTICE.—The Court decides, that Dr. Foushee and Mr. Barbour are not on the Grand Jury.
Mr. BARR.—I understand that the Panel is to be reduced to 16: and that if I have any other exceptions to make to them as they are, this is the time for offering them.—it is with some regret, sir, that I shall proceed now, to exercise the privilege of challenging two others through favour. In exercising this right, I shall perhaps appeal to the authority of the court, to try these Jurors. Lest, however, that might be contested, it is perhaps better to settle the principle first.
Mr. HAY contended the right; and called for the law. Mr. BARR.—Let it be distinctly understood that I claim the same right with respect to the Grand Jury, as before Petit Jury. I will admit, that it is no peremptory challenge, but that I must show cause. It will be of course necessary to appoint triers; before whom the party himself and the witnesses may appear.
Mr. BOTTS.—There can be no question, that a person standing in the situation of Col. Burr, may challenge the Jury through favour; and a fortiori in cases of midemeanor. Mr. Botts cited his authority; and continued: Our causes of challenge, we acknowledge, must be made out by testimony. It is necessary that no such impurity should creep into the jury-box, as may contaminate all its subsequent stages. We intend no kind of reflection upon the honesty of any of the present Jurors; but on the principles of plain common sense, let us put aside every possible cause which may defeat the purposes of justice.
Mr. HAY.—said, that he should not certainly oppose the introduction of any substantial exceptions. In the present case, the law seemed to be as the opposite counsel had stated it.
Mr. BARR.—I shall then proceed to name the two persons and causes of challenge. The first I shall name, is Wm. B. Giles; against whom there are two causes of challenge, the first is a matter of some notoriety, because it depends upon certain documents; the second is matter of fact, and will require to be substantiated by witnesses. As to the first, Mr. Giles (when in the Senate of the United States) had occasion to pronounce upon certain documents, in which I was considered to be particularly concerned. Upon those documents he had pronounced the propriety of suspending the Habeas Corpus Act. The constitution, however, forbids such a suspension, unless in cases of rebellion or great public danger. It was, therefore, to be inferred, that Mr. G. did suppose there was a rebellion, and a public danger of no common kind. It was unnecessary to observe, that with this rebellion and this danger, I myself had been supposed to be connected.—Perhaps this was a sufficient reason for setting aside Mr. G. But if not, I shall attempt to establish by evidence, that he has since confirmed these suppositions of his opinion: that he has declared, these documents contained guilt, and of the highest grade.
Mr. BOTTS observed, that there was no necessity of adding anything to the observations of Col. Burr. If the right of challenge exists, there must also exist the right to try the challenge.—While he was up, however, he would declare that no reflection was intended to be made upon the character and conduct of Mr. Giles. That gentleman would be candid enough to admit that there is not the smallest design to wound his feelings: it is with the utmost reluctance that Col. Burr has prevailed upon himself to advance this exception. He had authorities, however, to prove, that these two causes are sufficient to disqualify Mr. G. The 1st. relates to his public. The 2nd. to his individual conduct.
Mr. HAY.—How many of the Panel does the council mean to object to?
Mr. BARR.—Two only.
Mr. GILES.—If the court please! with respect to exceptions to some personally, I can have no objection in itself to have them tried. The court will, however, perceive the delicate situation to which I shall be reduced. The Grand Jury will have to interrogate witnesses, and to decide upon what?—I have no objection to state to the court every impression I have ever had on this subject: but as to calling witnesses, who are to detail loose conversations, which are apt to be misunderstood I am really inclined to—
Mr. HAY.—I was about to make a proposition, which might relieve us from all this useless embarrassment; and which might at the time of the trial. If the gentlemen who are challenged, on the jury will consent to withdraw themselves, I can have no objection. We may then supply their places.
Mr. BARR.—It would certainly be a saving of time and labour to the proposition. The other gentleman, whom I challenge, is Wilton Carey Nicholas.
Mr. NICHOLAS.—I desire the objection to me may be stated.
Mr. BARR.—The objection is that he has entertained a bitter personal animosity against me; and therefore I cannot expect from him that impartiality of mind, which is necessary to a correct decision. I feel the delicacy of my situation; but if the gentleman will consent to withdraw, I will waive any further enquiry.
Mr. GILES said—that the circumstances which had just occurred, placed him in an unpleasant situation. That he had no objection to disclose, in the usual way, with candour, the real state of his mind in relation to the accused; but that he had an objection to the introduction of witnesses to prove casual expressions. That in the present state of things, expressions might be imputed to him, which he had never used; or his expressions actually used, might be mistaken or misrepresented by the witnesses or the witnesses own inferences from his expressions might be proved, which would not have been justified by such expressions. Mr. G. observed, that it was by no means agreeable to him to be summoned on the grand jury; but for sometime past, he had invariably pursued this maxim, neither to avoid nor to fulfil any public duty ; but when called to the discharge of any public duty by the proper authority, conscientiously to attempt its execution. That in undertaking to serve on the present Grand Jury, he was influenced by the same consideration. That with respect to his public conduct, that he presumed was of public notoriety; that he had not only voted for the suspension of the privilege of the writ of Habeas Corpus, in certain cases, but had proposed that measure; that he then thought, and still thought, it was called for, and justified by the evidence before the Senate; and that he now regretted that the nation had not energy enough to support the measure; that this opinion was formed upon the state of evidence before the Senate, which in all questions of a general nature, is of a very different character from the legal evidence necessary in a judicial investigation. That his mind, he believed, was perfectly free to receive impressions from judicial evidence. That in relation to the accused, he felt very desirous, and had often so expressed himself, that the various transactions imputed to him, should undergo a full and fair judicial investigation; & that through that medium, they should receive their just & true character, whatever that character in point of fact might be; and be presented in that character to the world. That he had no personal resentment towards the accused; and if the accused had received any information inconsistent with this statement, it was not true. However, as it was left to him to elect whether he would serve on the Grand Jury or not, he should certainly withdraw.
CHIEF JUSTICE.—The court thinks, that if any gentleman has made up and declared his mind, it would be best for him to withdraw.
Mr. BARR.—A gentleman, who has prejudged this cause, is certainly unfit to be a jurymen. It would be a slight beyond the weakness of human nature, if this prejudice did not discolour his judgment. It will take a good deal of the evidence produced in my favour to weaken the false impressions made upon his mind. The weight of the remainder would be of course less, than it ought to be.—As to the gentleman who has just withdrawn, I can have no animosity against him. He would have been one of those, whom I should have ranked among my personal friends.
Mr. NICHOLAS.—My being in this situation, certainly was not a thing of choice. When I was summoned by the Marshal, I urged him, in the strongest manner, to excuse me. I mentioned to him, that it would be extremely inconvenient to me to attend the court, and that it would be very unpleasant to serve on the jury, on account of the various relations in which I had stood to Col. Burr. I had been in Congress at the time when the attempt was made to elect Col. Burr President of the U. S. My feelings and opinions on that occasion, were well known. I had served three years in the Senate while Col. Burr was President of that body, and was one of those, who, previous to the last election, had taken a very decided part in favor of the nomination of the present Vice-President for the office at that time filled by Col. Burr. Moreover, from the time Col. Burr first went to the western country, my suspicions were very much excited, as to his probable objects in that part of the U. S.; in consequence of which, I gave early, and perhaps too great credit, to the charges which were brought against him. Such was my opinion of the importance of New-Orleans, not only to the prosperity, but to the union of the States, that I had felt uncommon anxiety at what I believed to be the state of our affairs in the West, and had expressed my impressions very freely in conversation, and in letters to my friends, during the last winter. Under these circumstances, I doubted the propriety of my being put on the Jury; but I felt no dishonour as I was confident that I could discharge the duty, under a just impression of what I owe to my country, to the accused, and to my own character. The Marshal assured me that he felt the strongest disposition to oblige me, but that he did not think he could do it, consistently with his duty. He supposed there was scarcely a man to be found, who had not formed and expressed opinions about Col. Burr: that he too, was in a situation of great delicacy and responsibility, and that without the utmost circumspection on his part, he should be exposed to censure. I renewed my applications to the Marshal several times, and always received the same answer. Thus situated, I determined to accept the court, both from a sense of duty, and because I would not put it in the power of the malicious, and those disposed to slander me, to assign motives for my abstaining myself, which had no kind of influence on me. Another reason for pursuing this course presented itself some time after I had formed this determination. I conceived that an attempt had been made to deter me from attending this court. I was informed by a friend in this city, that he had heard that one of the most severe pieces which had ever been seen, was preparing for publication, if I did not attend and serve on the Grand Jury. From what quarter this attack was to come, I did not know. The only inducement which this circumstance had, was, to confirm me in the determination I had made; as I was much more inclined to defy my enemies, than to ask their mercy or forbearance. From the first I hesitated, whether I ought not to make the same representation to the court, that I had made to the Marshal. As I was in doubt on the subject, before I came from home, I committed to paper the substance of what I have now said, and consulted three gentlemen who were lawyers, men of honor, and my personal friends. Their advice to me was, not to mention it, for they did not believe that the court would or ought to discharge me for the reasons I had mentioned. As I was in doubt myself, I determined to follow their advice, and the more readily, as they seemed confident that I would not be discharged; and I was not ambitious of acquiring, in this way, a reputation for scrupulous delicacy. I was perfectly willing that my reputation should rest upon the general tenor of my life, and did not believe that my character required such a prop. At present, I feel myself embarrassed how to act. I certainly was, and am anxious, not only to serve on the Jury, but I am unwilling to withdraw till it should be thought that I think from the discharge of a public duty of great responsibility, and I am not willing to be driven from the discharge of that duty, in a way which should lead to a belief, that the objection made to me is either acknowledged to be well founded, or has been sustained by the court. Upon this subject the example of Mr. Giles has great weight with me. That consideration, and a hope that my motives cannot now be misunderstood or misrepresented, will induce me to do as he has done.
Mr. BARR.—Sir, this is a circumstance calculated to injure my cause. The gentleman has said that a paper or something had been used to intimidate him. I cannot but believe, that this must have been done by some person not friendly to me, who knowing the gentleman's temper, has thus attempted to irritate him against me. Such a man would provoke my deepest resentment.
Mr. EGGLESTON observed, that he had understood the court to say, this was the period to be excused from serving. He said that he had formerly applied to the marshal to be excused, but had been refused by that officer. In addition to some private reasons, Mr. E. stated, there was one of a public nature that he hoped would exempt him from being retained on the jury. As soon as he had read General Eaton's deposition in the newspapers he had felt and expressed considerable warmth and indignation on the subject likely to come before the Grand Jury, and on that account it might appear both indecent and improper to serve, however just and correct the decision might be.
THE CHIEF JUSTICE having asked, whether he had formed and expressed an opinion, Mr. EGGLESTON repeated what he had said as to his warmth after reading General Eaton's deposition, but declared his belief that he could so far divert himself of his previous opinions and feelings as to his decision upon the testimony of the law. Yet it had been said, that a bias might imperceptibly remain upon the minds of men of the purest intentions, and as this might possibly be the case with him, he again desired to be excused.
Mr. BARR.—Under different circumstances, sir, I might have thought and acted differently: The industry which has been used thro' this country to prejudice my cause, leaves me little chance indeed of strict impartiality. I say, sir, there is very little chance that I can expect a better man than this one to try my cause. There is a candour about him, in thus bringing forward exceptions to himself, which leaves me reason to hope, that he will attempt to be impartial. But I pray the court to notice from the scene before us, how many attempts have been made to prejudice my cause. On this occasion I am perfectly passive.
CHIEF JUSTICE.—What are your impressions now?
Mr. EGGLESTON.—I had formed an opinion on this subject; and if no other evidence is produced, than what I have already seen, I should still have the same opinion.
CHIEF JUSTICE.—If gentlemen on both sides are agreed, Mr. E. must remain.
Mr. HAY.—It is, sir, indifferent to me. The Panel was here called over; and 14 only appeared, upon which, the marshal requested the Clerk to put down John Randolph and William Foushee.
The Clerk was then instructed by the Court to place Mr. Randolph, as foreman, who being called upon to take the foreman's oath, addressed the Court: "May it please the court, I wish to be excused from serving. I will state the reasons of that wish. I have formed an opinion, not on the case now before the court (because I know not what that case is) but I have formed an opinion concerning the nature and tendency of certain actions or transactions imputed to the gentleman before you. I do trust, without arrogating to myself any more than becomes a man, I could divert myself of this prepossession upon evidence; but I should be wanting in candor to the court and the party present, if I did not say that I had a strong prepossession."
Mr. BARR.—Really I am afraid, that we shall not be able to find a man on the continent without this prepossession.
CHIEF JUSTICE.—The rule is, that a man must not only have formed, but declared an opinion.
Mr. RANDOLPH.—I do not recollect, to have declared one.
Upon which Mr. R. was sworn as foreman; and the rest of the Panel called to the book, until it was Dr. Foushee's turn. He addressed the court: "Hearing the number of excuses which have been made, and were overruled by the court, I am unwilling to bring myself before you. But having the same feelings with Mr. Eggleston and Mr. Randolph, I must move the court to excuse me."
Mr. BARR.—Believing, as I did, that I should meet with few men of greater impartiality than Mr. Eggleston, I did wave my objections to him. I wish to know, whether the court leaves to me the power of objecting.
CHIEF JUSTICE.—Unless Dr. Foushee has declared.—
Mr. WICKHAM.—There are two questions; whether an opinion has been formed? And whether it has been declared?
Dr. FOUSHEE.—Having heard little, but from newspaper publications; having not even heard the whole of the examination, which was conducted in this city; I can say with Mr. Eggleston, that so far as I have examined, I have formed an opinion; and unless other testimony should come out; I cannot be expected to undo my impression. But I say with others, if the testimony—Mr. Wickham observed, that the true question was, what would be his opinion, without reference to newspaper publications: that if Dr. Foushee had said in the abstract, that Col. Burr was guilty, he was an incompetent jurymen; but if he said hypothetically; that is, on the supposition that newspaper testimony was correct; Dr. Foushee might then decide impartially not only upon the correctness of that testimony, but upon the force of every other.—Mr. E. Randolph was sorry, to be forced to differ from Mr. W. but he thought Dr. F. an incompetent jurymen, if he had even decided hypothetically.—Mr. HAY observed, if Mr. R. was correct, Aaron Burr might as well be acquitted at once; for that there was not a man in the U. S. who had not thought of this interesting cause; and not even a boy, 10 years old, who had not seen the evidence in the newspapers.
Mr. BARR.—One word only! This gentleman has said that from the evidence he had already seen, he had made up his mind. But as a Grand Jurymen, he will only see the evidence on one side and that kind of evidence which has already biased his mind. Here there will be an accumulation of evidence on the same side; and nothing on the other to counteract it.
Dr. FOUSHEE.—I have stated, what other gentlemen have done, that if the testimony I saw be true, and nothing brought up sufficient to counteract it, my impression would of course remain unchanged. Now, I put it to the gentleman, if others are not excused, why this discrimination against me? I certainly shall not withdraw but at the direction of the court.
CHIEF JUSTICE.—The difference seems to be, that Mr. E. has made up an opinion both as to the law and fact; whereas the other gentlemen have formed an opinion, only as to certain facts.—Dr. Foushee is to be set aside.
Mr. James Barbour was then summoned in his place; who attempted to have himself excused; but was overruled by the court.
The Grand Jury being sworn, the Chief Justice proceeded to deliver his charge, in which he more particularly dwelt upon the definition and nature of Treason.—After which, the jury retired.
Names of the Grand Jury.—John Randolph, foreman, Joseph Eggleston, Joseph C. Cabell, Littleton W. Tazwell, Robert Taylor, James Pleasants, John Brockenbrough, William Daniel, James M. Garnett, John Mercer, Edward Pegram, Munford Beverley, John Ambler, Thomas Harrison, Alexander Shephard, James Barbour.
After the jury had retired, Mr. BARR stated to the court, that in a case so important as the present, it was his wish that the court should instruct the jury on certain leading points.
Mr. HAY hoped that the court would proceed as they had always done before; and that they would not grant particular indulgencies to A. Burr; that they had already charged the jury on certain material principles, and he hoped they would not go more fully into detail to oblige the accused; that A. B. Hood on the very same footing with every other man charged with a crime; and that he trusted the court would make him feel it.
Mr. BARR.—Would to God! I did stand on the same ground with every other man. This is the first time, I have ever had the rights of a citizen. How was I brought here—The Chief Justice said it was wrong to go into these digressions.
Mr. BARR observed, that how much soever he may have disapproved of certain principles of law laid down in the late decision of the Supreme Court, he should not at present insist upon them; that all he now wished from the judge was, that he should instruct the jury on certain points of testimony: for instance, as to the article of papers.—
Mr. HAY pledged himself, that no attempt should be made to send up any testimony to the jury without the knowledge of the court.
Mr. RANDOLPH observed, that it was not so much on particular parts of testimony, as on certain principles of testimony, that he wished instructions from the court: as for instance, how many witnesses were necessary to satisfy a Grand Jury as to an overt act; how far facts committed in different districts should be suffered to bear upon a single act; and what species of evidence it was proper to lay before them.
Mr. HAY declared, that this was an extraordinary proceeding; and that the opposite counsel would require from the court a dissertation upon the whole criminal law; upon every point which might possibly occur. He thought the jury was the best judge; and if they had any doubts, let them then apply to the court for instructions.
Mr. WICKHAM observed, that he did not require a dissertation on criminal law in general; but merely that the court would charge and instruct the jury on certain cases of law & evidence; that this was not, as has been said, an ordinary case; that the man who thought so, must have shut his eyes against the host of prejudices raised against his client; and that even the attorney for the U. S. had said there was not a man nor a boy who had not formed an opinion upon it: that the necessity of instructing arose from the peculiarity of this case; that there might be witnesses from different parts of the U. S. who would state different facts not connected with Col. Burr: that the jury ought to know from the court, what from this vast mass of testimony ought to have a legal application; that there were witnesses to show what was done in the West, when Col. Burr was hundreds of miles distant. Was not some instruction on these points necessary?
Mr. HAY observed, that if the law was to be laid down by the court, they would certainly wish to have it first laid down by both sides; now what do the opposite counsel wish? that the court should decide, without argument, on matters the most important. Suppose the same points were to come before the Petit Jury, could the court march up to the investigation with the same freedom from bias, that they ought to possess? Let the Court proceed in the usual form. They have already given a general definition of principles: this is the correct course. If a point be made, an argument may afterwards be maintained.
Mr. BOTTS said, that in a case of such unexampled importance; the busy crowd around them, the noise in the country, the activity of the government and the curiosity of the people, sufficiently attested it; no reasonable objection could be made to even waiting a few minutes. Is not this a case, where the prisoner requires every legal right, which the court can furnish?
CHIEF JUSTICE observed, that there would certainly be a difficulty in the court's giving directions on penal laws; that he was not at present prepared to say, whether the same evidence was necessary before a Grand as a Petit Jury; whether two witnesses to an overt act were required to satisfy a Grand Jury: this was a point, which he would have to consider: that he had not also made up his mind on the evidence of facts said to be done in different districts; but that his present impression was, that facts done without the district, may be brought in to prove the material fact said to be done within the district, where that fact was charged.—The discussion was postponed.
Several witnesses who were summoned by the U. S. were called and recognized to appear, tomorrow, 11 o'clock.
SATURDAY, May 23.
The Court sat at 11.—A. Burr was not present. The proceedings of yesterday being read and the names of the Grand Jury called over, Mr. HAY moved, to recognize the witnesses who were not present yesterday. Those who appeared were, Erick Bullman, Samuel Swartwout, Thomas Morgan, and Robert Spence.
Some conversation ensued on the motion to instruct the Grand Jury: and it was understood that Mr. Burr's counsel was to give timely notice, to the U. S. attorneys, of the propositions they intended to submit to the court. The question was suggested, whether the Grand Jury could be adjourned to some future day, without being adjourned from day to day. The Chief Justice declared, he was not prepared to give an opinion on the subject.
MONDAY, May 25.
The proceedings of this day were extremely interesting, and shall be detailed at length, hereafter.
Mr. HAY declared that he should not for several days lend up his indictments to the Grand Jury, unless General Wilkinson made his appearance; and that in case he did not appear, he should then determine on the course he ought to pursue.—The Grand Jury was adjourned till Tuesday 12 o'clock.
Mr. HAY moved the court, to commit A. Burr on a charge of High Treason against the U. S. He declared that the reason of this motion was founded on a possibility of Mr. B.'s flying from the law, in case he should be positively informed that Gen. Wilkinson was on his way to Richmond, unless he was committed for treason, & detained by higher bail; and that he believed the evidence he was now to bring forward, in addition to what had been adduced on the Examination of A. Burr, was sufficient to induce the Judge to grant the commitment. He therefore moved, that evidence should be heard on behalf of this motion.—
Mr. BARR's counsel opposed this motion, principally on the ground; that the Grand Jury and the court possessing concurrent powers in this case, it was inexpedient for the court to exercise this power, while the G. J. was in session; that a more particular reason against the court's exercising this power, was, that they would have to deliver opinions on the evidence, and thus commit themselves on the ulterior stages of the prosecution, and forestall the sentiments of the Grand Jury, and the public; and that another mode of producing this last effect, depositions or written papers which could not go before the Grand Jury, would be brought before the court as a foundation for the motion of commitment. These affidavits would be known to the Grand Jury, and might contribute to prejudice their mind.—The counsel for the prosecution conceded all these arguments.
The court postponed giving any opinion, till tomorrow.
Mr. HAY avowed his expectation that Gen. Wilkinson would appear in a few days. The Government had employed every possible exertion to that end.
1 O'CLOCK.—The court has just decided, that "it is the choice of the prosecutor on the part of the U. S. to proceed with his motion, or to the opinion of the court, that he may open his testimony."
Question postponed till to-morrow.—The difficulty is, to make some arrangement, which may prevent an anticipated impression on the public mind, by the exhibition of evidence.—The Counsel for the prosecution and the prisoners cannot yet agree upon any arrangement.
Suggested by the Attorney of the U. S.
ATTENTION! THE members of the RICHMOND CAVALRY, are requested to meet at the Eagle-Tavern, on Saturday evening next, at 5 o'clock. By order of the Captain. BENJ. MOSBY, Serg't. May 26.
VIRGINIA, to wit: At a Chancery District Court, held in the City of Williamsburg, the 26th day of April, 1808.
Benjamin H. Hilliard Plaintiff, against, Armistead Hilliard and Reuben Jones, Defendants.
THE defendant Armistead Hilliard, not having entered his appearance and given security according to the acts of Assembly and the rules of this Court, and it appearing to the satisfaction of the court that he is not an inhabitant of this country, on the motion of the Plaintiff, by his counsel: It is ordered that the said defendant do appear here on the first day of the next term and answer the bill of the Plaintiff & that a copy of this order be forthwith inserted in some newspaper of the City of Richmond, for two months successively, and posted at the front door of the former capital in this city. A Copy. ANTHONY ROBINSON, c. c. May 26.
HARDWARE, IRONMONGERY, AND CUTLERY STORE. DREAM & FOLLET, AT THE SIGN OF THE ANVIL, MAIN-STREET, RICHMOND: Have received by the latest arrivals from England, a large and general assortment of
HARDWARE, IRONMONGERY & CUTLERY, which they will sell by wholesale or retail, low for cash, or on a short credit, for approved security, amongst which are, Waldrons, prime Corn & Gras Scythes, Sickles, Weeding Hoes, Garden Hoes & Rakes, Spades & Shovels, trace Chains, Black-Smith's Bellows, Anvils, Brick Irons, Sledge & Hand Hammers, Vises, Screw Plates, Files & Rasps, Carpenters, Joiners, Coopers, Curriers, Saddlers, Silver-Smiths, Watch makers & Shoe-makers Tools, Locks, Hinges, Nails, Brads, Tacks, Screws, Brads Mounting for Cabinet makers, Steel-yards, Scale Beams & Weights, Tea Kettles, Skillets & Spiders, Pots & Kettles, Belmont Kettles & House Skillets, Bells, Grid Irons, Frying Pans, Waffle & Water Irons, Smoothing Irons, Block Tin Coffee Pots, Britannia Metal Tea Pots, Britannia Metal Table & Tea Spoons, Coffee & Corn Mills, Knives & Forks, Pen & Jack Knives, Scissors, Razors, Razor Cases & Shaving Boxes, Ivory & Horn Combs, Curling Tongs, Razor Hones, Glazing Diamonds; a few dozen of elegant silver mounted & plain green & white handles table & desert Knives & Forks, Table Spoons, Burchers Steels & Knives, brass & iron Wire, Tin in boxes, sheet Iron, Sheet & Bar Lead, Patent Shot, Gun Locks, Flints, Bear, Wolf & Fox Traps, Screw Bales for raising Mill Stones, Mill Gudgeons & Lubs, German Steel, Marbles, Novaceta Grindstones, Window Glass, with a great variety of other articles in the above line, too tedious to enumerate: of which a constant supply will be kept & sold on terms worthy the attention of those who will purchase. Also:—For sale, 50 kegs F. Gun-Powder, 15 barrels Liver Oil, Bolting Cloths, Glue, & a general assortment of Brushes. May 26.
ANOTHER NEW STORE!
JOHN KING, Respectfully informs the public, that he has commenced business in this City, the second door below the Eagle-Tavern, opposite to Messrs. Prosser and Moore's Vendue Office, where he is now opening a general assortment of fashionable
SPRING & SUMMER GOODS,
ELEGANT Leno and colours, figured and Jacquet Pelices and plain, walking dresses, Calicoes and Chintzes of Do. do. Circassian Robes entire new patterns, and Petticoats, Spider Net Sleeves and Do. do. sewed Cambric Mitts, Pic Nic do. bric veined Spencers, Kid and Beaver Gloves, Spanish Mantles, Impé Silk do. rial Shawls, Laced veils, Ribbons, Damask Satin Shawls, Cotton and Thread Laces, nils do. Ginghams, Cotton & Silk Cambric Laced do. & Chambrys, a variety of other Italian Silks, Saracens & Shawls, Pelopon, Veined stripe Cambric, Irish Linens, Long Lawns, Plain and veined stripe Linen Cambric, Bedtick, Leno, Satin Toilett, Marcellers Satin stripe and sprig'd do. and Florentia Veiling, Spider Lace stripe do. Silk and Cotton Bandan, Aloween figured do. nam, Madras Handkfs, Fancy Mull Mullins, Cambric and other Dimi, Spider Nets, Tamboured ties, India Cottons, Habit Handkerchiefs, Cotton and Silk Hosiery, and Caps, Cotton Cashmere, Su-per, Plain and figured do. fine Cloths, Columbian Net, Parasols, Umbrellas, plain Princess Royal & Queen's and fancy Combs, fancy, A variety of Bonnets and Brouffé's Laces, Turkey Hats, Gauze, Bedford do. Kid and Morocco Shoes, Italian Crapes, assorted & &c. &c. Which from the great care & reflection in the selection in Philadelphia and New-York, and their remarkable cheapness, for Cash, he flatters himself that he shall merit a share of the patronage of the inhabitants of Richmond and its vicinity. May 26.
MR. WILLIAM THOMPSON, SIR, As you are not an inhabitant of this state, and your age is unknown to me, you will please to
TAKE NOTICE, that I shall, on Friday the 10th of July next, at the house of Mr. Hugh French, in the County of Powhatan, between the hours of nine o'clock in the forenoon and five in the afternoon, proceed to take the depositions of Jesse Davin-pur, David Burdon, Bertly Cox, and others, in a suit in Chancery, now depending in Louisa County Court, where you are plaintiff, and Joshua Thompson, executor of Joshua Thompson, dec'd, and myself defendants, at which time and place you or your agent will please to attend. SARAH THOMPSON. Powhatan, May 26.
PETER V. DANIEL, residing in Falmouth, will practice LAW in the County Courts of Stafford, Spottsylvania and Culpepper; and in the District Courts of Fredericksburg and of the Hay-Market. May 26.

Miscellaneous
AN ACCOUNT OF A VOYAGE
Up the Mississippi River, from Saint Louis to its source; made under the orders of the War Department, by Lieut. Pike, of the United States Army, in the year 1805 and 1806. Compiled from Mr. Pike's Journal.
CONTINUED.
The day following, the large boat was got over the portage; after which, the men gave a very decisive proof of their fatigue, by throwing themselves down to sleep, instead of getting supper. Six of the men out of twenty-two, were at this time sick.
The proper time for performing the voyage up the Mississippi appears to be, to leave the Illinois as soon as the ice breaks up; but, if deferred even to June, it may be performed with great certainty; for then the water in the river would be sufficiently high.
If it is ever possible to pass these falls in high water, which is a doubtful thing, it must be done on the eastern side, about thirty yards from the shore—where the falls is formed by three layer of rocks, one below the other; the pitch of none of which appears higher than five feet.
Above the falls, for forty or fifty miles, the navigation is much impeded by shoals and ripples; and would be considered impracticable by persons not determined to proceed; for the men must wade, and push the boat along, a great portion of the distance. Below Crow River, they killed an animal unknown to Mr. Pike, called a Blarina.
Opposite to the mouth of Crow River they found a bark canoe cut to pieces by tomahawks, & the paddles broken on shore. They continued to meet with the wrecks of canoes as they ascended, eight in the whole.
From the form of these canoes, the interpreter supposed them to be Sioux; and some broken arrows found with them he pronounced to be Sauteaux. These circumstances led to the conclusion that the canoes had belonged to a party of Sioux, who had been attacked by the Sauteaux, and all either killed or taken. The interpreter was alarmed lest they might be attacked by the Chippewas, under the supposition of being Sioux traders, before an explanation could take place; three Frenchmen whom they had caught about near this place, having been killed the last spring. Notwithstanding this caution, Mr. Pike was frequently on shore in pursuit of game, which had become more plentiful since passing the falls of St. Anthony, than it was below. Elk, bear, raccoons, pheasants, geese, and prairie hens, were frequently met with.
On the 5th of October they passed several old Sioux encampments, all of which were fortified; they found five litters on which the sick or wounded had been carried. A hard battle had been fought here between the Sioux and Sauteaux, in the present year. On the next day when hunting, Mr. Pike found a small red cap, hung on a tree; this the interpreter said was an offering to the Bon Dieu.
On the morning of the 10th they reached the place where Mr. Renville and Mowry. Peter wintered in 1793. Above it is a cluster of more than twenty islands in the course of four miles, which they named the Beaver islands, from the great signs of those animals which were exhibited, there being dams on every island, and roads from them every two or three rods.
FROM THE AMERICAN.
The following interesting article, communicated for publication in the American, is from the pen of General Wilkinson. It has been on hand some time, and we embrace the opportunity of a supplement to give it publicity.
Reflections on the fortifications and defence of the sea ports of the United States.
The geographical position of the United States opposes strong obstacles to the rapacity and ambition of the old world; but it neither secures them against political casualties, nor exempts them from outrage and invasion; and if we are to estimate the future by the past, we may rationally conclude that our industry and enterprise, our progressive wealth and improvements, while they affect the fears of some nations, may excite the jealousy of others; and it is a military axiom, that precaution is the parent of safety, and security the precursor of misfortune.
Our natural indolence discourages abstract enquiry, and to save the labor of investigation, we two frequently, with blind confidence, adopt the opinion of others; hence general conclusions are deduced from solitary incidents. Fashion beguiles the understanding—names fancy errors—false ideas obtain, and the torrent of opinion bears down the judgment.
To exemplify these truths in their application to military life, we need but retropect the conduct of the French and British engineers, pending the conflict of those nations on this continent, and review the systems of defence adopted not long since for the protection of our towns and harbors.
The first posts erected on the frontiers of the British colonies and of Canada, were calculated for defence against small arms merely, without other regard to ground than its proximity to running water; and when armies were put in motion with artillery, and their arsenals, either defective knowledge or local attachments, decided in favor of the original occupancies, for the erection of regular fortifications, scientifically constructed, which were overlooked by heights, from whence men's feet might be reckoned on their parades. Such was Tyconderoga, built by the French, and such were Crown Point, Fort William Henry, Fort Edward, Fort Pitt, and others erected by the British. Immense sums were lavished, and great labor bestowed on works destined to impede armies and protract sieges—when in fact, the first glance of an invasion exposed to him a choice of ground, from whence a single battery might compel their garrisons to surrender at discretion. It is true, general Abercrombie, morally as well as physically blind, declined to avail himself of those advantages, and preferred the assault of the French lines before Tyconderoga, where he was repulsed with slaughter—and yet general Amherst afterwards followed his footsteps. Such is the influence of example—but fortunately for him, found the French two feeble to offer resistance against his superior force.
It would appear that our maritime defences have originated in grounds not less superficial and fallacious than that the result of Sir Hyde Parker's fruitless attack of Fort Moultrie, and that against Fort Moultrie under the orders of Lord Howe, left such impressions on the American mind in favor of fixed batteries, that we have deemed it prudent to commit to their protection exclusively, our most vulnerable points and important interests; whereas if we had taken the trouble of a moments consideration, the delusion would have been dispelled, and we should have perceived that if Sir Hyde's squadrons could lay 10 hours before Fort Moultrie, and then sail away, he could have passed and repassed it with safety; and that the attack of Lord Howe was confined to a narrow channel, obstructed by a cheveau de frise and the attacking ship Augusta took fire by accident from her own batteries, before the assault could have been pressed to an extremity. To these reflections we might have added the important fact, that on the 12th July 1776, two British frigates and three tenders pulled all our batteries at New-York, in the face of day, and in the presence of Gen. Washington, who observes on the occasion in his letter to the President of Congress, "They ran past our batteries up the North River without receiving any certain damage that I could perceive, notwithstanding a heavy and incessant cannonade was kept up from several batteries here, as well as from Paulus Hook."
Thus much is promised to palliate past errors; to aid future enquiries, and illustrate the subject of these reflections, which may not I hope be deemed either presumptuous or affected.
In the course of my duty some years since, I had occasion to direct my attention to several of our
most important seaports, and their defences, which I found not only insufficient to resist invasion, but to repel predatory attacks. I will apply these observations particularly to New-York and Newport, on whose fortifications the heaviest disbursements have been made—and I hazard nothing when I assert that they are insufficient to resist invasion; because landings may be effected beyond the range of their heaviest metal, and because their works are commanded by circumjacent heights; or to repel predatory attacks, because they cannot obstruct the passage of a vessel of war, and being erected in advance of the objects to be protected with their batteries to the front, when once passed they lose all power to annoy an invader, and of course our towns would be sure our towns would be exposed to their depredations.
Struck by these reflections, I was led to enquire minutely into the efficacy of the works I had surveyed, and of the merits of fixed batteries for the defence of our harbors in general; and after the most deliberate examination, I found the former to be indiscriminately fired, badly planned, and constructed generally of defective materials; and the following objections against fixed batteries on the plan we have pursued, were suggested by the occasion:—1st. Their immobility destroys their utility, unless a narrow crooked channel should oblige vessels to approach them within point-blank shot: which, if a 24 pounder may be estimated at 650 yards and render a change of wind necessary to carry such vessels beyond the reach of their guns.
2nd. They are generally so much elevated above the water, that when a vessel comes within point blank shot you are obliged to depress the muzzle of your guns to bring them to bear, which retards your fire, and renders it extremely precarious.
3rd. Because it is by accident only a cannon can be pointed to hit an object when in motion, and every moment changing its position.
4th. Because in obstructed channels, no matter what their direction, a vessel with wind and tide, may not be exposed to your effectual fire more than ten minutes.
5th. Because optical delusions prevent us from ascertaining distances by the eye, with sufficient precision to regulate the aim of a cannon ball against any given object beyond point-blank range.
6th. Because it will require several shot even at a fixed object beyond point-blank range, to give the proper elevation to a piece to strike such object successfully.
7th. Because they cannot prevent a blockade; a vessel may find safe anchorage beyond the range of their guns.
8th. Because vessels of war may without extreme peril, lay before the heaviest and best constructed batteries a sufficient length of time to carry havoc and distress to the centre of our most exposed cities—witness the late attack of Copenhagen. And,
9th. Because they operate defensively, and therefore lose the many obvious advantages of the attack.
It does not result from these facts that our commercial towns are insusceptible of defence by fortifications; on the contrary, it is acknowledged that by occupying the circumjacent heights with strong holds, and erecting heavy batteries, on the wharves and approximate islands, to deliver cross fires from mortars as well as cannon, we may not only give them effectual protection against a coup de main, but may accomplish the original design of military fortresses, to enable weaker battalions to resist stronger until the natural or adventitious force of the country may be assembled and brought into operation; yet after all, it should be remembered that in general superior numbers, with equal skill and conduct must finally prevail.
But previously to the erection of fortifications, we should cautiously examine their utility, importance and expense; the number of troops requisite for their defence and the capacities of the nation in men and money; and it is also worthy of remark, that to render a work defensive, it must be equally strong in all its parts by nature and art.
Fortifications against predatory attacks are calculated for the immediate defence of places only, but against invasions these immediate defences must be secured by the occupancy of all high grounds which command them, otherwise you erect works for the enemy.
Low flat grounds, partially surrounded by bays or rivers (such as the site of Charleston) should be environed on the land side with the utmost labour and skill, taking particular care to make every practicable application of water by canals and inundations, and on the water line heavy batteries of cannon and mortars, calculated to produce as many cross fires as possible, should be constructed; and it will also be found expedient to occupy the islands and opposite head lands from which the place might be annoyed; but in hilly countries, such as we find New-York or Newport, in addition to the batteries for immediate defence, all the heights which surround the town or harbor must be fortified.
Defences erected on this scale, and agreeably to the rules of art, with durable materials, (and it is the excess of folly to build with others) would cost for the harbour of New-York alone, at least one and a half million of dollars; & after their erection, unless suitably garrisoned, they would not answer the end of their establishment, would be exposed constantly to an enemy, & in the course of a long peace would moulder, decay and tumble to pieces. It may not be amiss to observe, in this place, that the wretched works heretofore erected in our harbors have never been adequately or judiciously garrisoned; and that at this moment those of Charleston, Cape Fear, Norfolk and New-York, might be carried by a coup de main, and the guns be turned with effect against the very objects they are intended to defend.
Should the expense of putting up effectual defences and maintaining the necessary garrisons exceed the resources of the country, and clash with its true policy, it may be asked whether we are to reft the safety of our commercial towns and shipping, on the pacific disposition or good faith of foreign powers? To which we may reply in the negative, and add that it is certainly our duty to seek for those places of defence within the compass of our abilities which may be found most economical, most durable and most effectual.
After as close a view of this question as can be expected from a man unskilled in naval affairs, I have formed the conclusion, that next to a superior navy, floating batteries will be found more effectual to the protection of our sea ports, and should, therefore, be preferred; but I speak with exception to long tide water rivers and narrow channels, because they may be commanded by fixed batteries and chateau de frise, yet cannot be secured by them against blockade.
In determining on the size, form and construction of such floating batteries, regard must be had to the services to be performed, and after due experiment the best models may be adopted for tide water, and uniform currents, for bays and harbors, narrow, wide, open or sheltered from particular winds.
The extent of our bays and inlets, the capacities of our harbors and the water-approaches to our great cities, have determined my judgement in favor of these vessels, calculated to be impelled with velocity, by the more powerful combination of oars and sails, to enable them to make rapid transitions, and to take any requisite station with promptitude.
In equipping armies, and manning these vessels, provision should be made to prevent their being boarded by light barges, and with fulmination, I would recommend that they should carry battering pieces of the largest calibre, and the lightest construction, on their bows and sterns. I have strong prejudices in favor of a proportion of 8 inch howitzers, because one shell which takes effect, will prove more destructive, generally speaking, than ten shot.
(To be continued)
EXTRACT.
A hint to Sparreman.—As divers accidents have happened by the bursting of guns, give me leave to lay down almost a certain prevention against guns bursting:—After the barrel has been well cleaned in the usual way, put as much dry tow upon the spring end of the rod as will go up and down the bore of the barrel; dip it lightly in oil, then dip it round in dry sand, put it into the barrel, and rub it up and down,
keeping fresh sand and oil, till it is polished within; this will clear away all the rust and sulch, which makes a stoppage, and is generally the cause of a gun's bursting. This method is allowed by judges to be far preferable to boring, as one generally thins the barrels, the other does not; and as nothing impedes the velocity of the shot, a barrel which is cleaned will kill further by a considerable distance, (as has been proved) than one that has not.
N. B. After the operation it must be cleaned with dry tow, and must never be overloaded.
ART OF MEMORY.
Much has been lately said and written in Germany, by a London Journalist, concerning the art of memory, a study which also begins to be cultivated in France.—On this subject the celebrated afternoon, La Lande, bears testimony to the following fact:
"I have witnessed (says he) the extraordinary effects produced on the memory by the method of M. De Fensaigne; and, as he took the pains to explain it to me, I was convinced that it could not fail to produce such effects:—It is a fact, equally important and extraordinary, that one of his pupils is able to repeat in any order you please, and without the least mistake, a table of fifty cities in all parts of the world, with the degrees of longitude and latitude in which they are situated; whereas I, who have for sixty years devoted my attention to Geography, cannot repeat 40 of them.—The same is the case with Chronology; in the Annuaire, I have inserted 240 dates from ancient and modern history, and M. D. Fensaigne's scholars repeat them all. I do not think that the ablest historiographer could tell ten of them.—What an astonishing aid in the study of geography and history!"
The same power of artificial recollection, has been practiced for many years, before miscellaneous companies in London, by a gentleman who has never made any secret of this discovery, and who has lately promised to make an early communication of its principle.
The following Ode was recited by Master C. K. BLANCHARD, at the JUBILEE of James-Town.
ODE. The power that measures Space and time, And robes the Stars with Light sublime, That guides with central force aright The rapid Comet's fiery flight, That holds each Orb in strong controul, And points the planets where to roll; The GOD who taught the sun to blaze, And made it strike, On mortal sight, The fire of Heav'n reflected rays, Sent the Sons of the East, To the Sons of the West, Taught the Arts with the ray of mild evening to shine, And blest a New World with their radiance divine.
Warm from the wood, With Hunting tir'd, A Savage sought the cooling flood, And far, far off, the curling wave admir'd. And as he pac'd the lonely beach, Far as his piercing eye could reach, He thought he saw the Pine-Trees dance, And on the wave erect advance! Again he look'd, and saw the trees, All wing'd, arriving with the breeze! And as he gaz'd with wild surprise, Borne on the full flood tide along, Moving in solemn silence on: He sees at last the stately ship arise, But when from forth the burbling side, He sees the Lightnings glide, And hears the deep mouth'd cannon roar, The rattling sounding, Noise rebounding
From the Rocks, the Woods, the shore: Aghast! the red man flies and cries (Loud as the yell of Death can rise) To all the painted Tribes around: That the "Great Spirit" fill'd with ire, Involy'd in smoke and clad in fire, Shook the whole earth with thundering sound, And raging threw the livid lightnings round. But ah! how soon the Savage nations saw, 'The Sun's white offspring were but men: And as their mutual wants increase, While varying ties together draw, They frame a trancient peace, And harmonize in vain.
Nor 'mid the tow'ring forest shade, Was the black hair'd Indian Maid, At all afraid, To see the graceful stranger move, Or hear his softest song of love. For love bewitch'd these wild Wood Nymphs wild, Wav'd her white arm, and o'er the desert smil'd.
This, when the jealous Savage knew, And saw beside, The mounded city rise: To Arms! to Arms! he cry'd; To Arms the Warriors flew. And the shrill, war song sounded to the skies: Whilst Horror Brickring in the woods, And screaming o'er the hills and floods, Warns the white Warriors to prepare, And brave the first rude shock of savage war. Our Ancestors!—A small but daring band, Led by a Hero first in fame, Clutch'd with courage, armed with flame, Against the hideous howling throng, March dreadfoul on: And in many a direful day, Driving far the foe away, Boldly claim th' enflaming land, Their conquering valor won.
driv'n from their usual haunts and floods, Far to their inmost shades and woods, The Indian Chiefs retir'd, With endless fury fir'd, Intent, the web of woe to weave, Secret as death, and joyless as the grave. The plot's full time, matur'd, through many a year, At last drew near!
And the notch'd arrow mark'd the day, That drew the frowning tear, Which Time can never wipe away! Revenge! Revenge! a thousand voices cry, Revenge! Revenge! th' echoing hills reply! Whilst the red tribes, in treach'ry strong, Relentless sweep along: And where the whizzing weapon fly, A thousand Fathers, Mothers die. Sons, Sisters, Children, fly in vain, Their lifeless bodies strew the plain, And, as the Infant smiles or cries, It sees the lifted stroke and dies. Behind, the raging flames are seen, Where dwellings, fields, and bodies blaze: And glaring midst the horrid gleam, The whooping blood stain'd Savage strays: Or, amid the fiend like throng, Drives the blasting ruin on; Till (quite complete the bloody plan) Bad Desolation fits and mocks the works of Man.
Soft voice'd Pity from above, Fairst Daughter of the Sky! Bent with looks of grief and love, To th' chng'd earth her tearful eye. She saw the smoking ruins round, And all the arts of peace destroy'd: The groves and walks were ruin'd found, Which the with peaceful power enjoy'd. In each lov'd scene she hears faint sorrow call: Whilst o'er the hapless land, her tears benignant fall But now see, fair succour flying! O'er the wide Atlantic wave, Our few remaining Sires to save, Every Indian force defying, Bringing comfort to the brave, Ship after ship amain! Men after men arrive! To drive The Savage to his woods again.
Whilst industry, of force divine, With Commerce, Peace, and Power, combine To seize the fleeting flying Hours, And make them deck the fields with flowers. And late where Desolation walk'd, And late where glaring ruin stalk'd, The towns, with loftier aspect rise, And loftier domes salute the skies. A million, patriot sons are born, A million Fair, the land adorn, And here, where e're the wild flow'r rose Alone and unadorn'd, See, where the blushing beauty glows: By every eye admir'd. For you, ye Fair, to arms we fly, Or strike the founding lyre, For you the Soldier dares to die, And ye the baird inspire. Your smiles alone, can bles the strain, Alone can make it last, (Till a new century shall have pass'd!) When friends, perhaps, may meet again, And found the high-hung Harp of Love, At the great JUBILEE above.
In all America the White Men have been call'd the Children of the Sun as coming from the East.
This Ode, although not written in honor of Bacchus, may be called "Dithyrambic," as many liberties have been taken in distancing the rhymes, some of them being eight or ten lines apart, as the reader will please to observe. It is not the better for being longer than most of the Greek, Latin or English Odes, although not long as Boileau's famed Ode "Sur la Prise de Namur." But a thousand Poems could not exhaust the Subject.
The Verfe Writers for the next "Virginian" are requested to pay their respects to the Princess Pocahontas, unavoidably neglected in this first Essay.
PROPOSALS FOR CARRYING THE MAILS of the UNITED STATES.
On the following Post-Roads, will be received at the General Post-Office in Washington, until the 1st day of July next, inclusive.
IN VIRGINIA. 202. From Randolph c. h. to Franklin, Va. once in two weeks. Leave Pendleton c. h. every other Thursday at 6 A M, and arrive at Randolph c. h. by 11 A M. Leave Randolph c. h. every other Thursday at 1 P M, and arrive at Pendleton c. h. by 6 P M.
203. From Prince Edward c. h. by Hunter's tavern, to Lynchburg, once a week. Leave Prince Edward c. h. every Saturday at 6 A M, and arrive at Lynchburg on Sunday by 6 P M. Leave Lynchburg every Monday at 6 A M, and arrive at Prince Edward c. h. by 6 P M.
204. From Lynchburg, by Campbell c. h. Hanson's store, Marysville, Grafty's store, Stone's store, Pittsylvania c. h. and Beaver's tavern, to Danville, once in two weeks. Leave Lynchburg every other Monday at 6 A M, and arrive at Danville on Wednesday by 6 P M.— Leave Danville every other Thursday at 6 A M, and arrive at Lynchburg on Saturday by 6 P M.
NOTES.
1. The Post-master General may expedite the mails, and alter the times of arrival and departure at any time during the continuance of the contract, he stipulating an adequate compensation for any extra expense that may be occasioned thereby. 2. Fifteen minutes shall be allowed for opening and closing the mails at all offices where no particular time is specified. 3. For every thirty minutes delay (unavoidable accidents excepted) in arriving after the time prescribed in any contract, the contractor shall forfeit one dollar; and if the delay continues until the departure of any depending mail, whereby the mails destined for each depending mail lose a trip, an additional forfeiture of five dollars shall be incurred. 4. Newspapers, as well as letters, to be sent in the mail; and if any person making proposals, desires to carry newspapers, other than those conveyed in the mail, for his own emolument, he must state in his proposals for what sum he will carry with the emolument, and for what sum without that emolument. 5. Should any person making proposals desire an alteration of the times of arrival and departure above specified, he must state in his proposals the alteration desired alteration, and the difference they will make in the terms of the contract. 6. Persons making proposals are desired to state their prices by the year. Those who contract will receive their pay quarterly, in the months of August, November, February and May, in one month after the expiration of each quarter. 7. No other than a free white person shall be employed to convey the mail. 8. Where the proposer intends to convey the mail in the body of a stage carriage, he is desired to state it in his proposals. 9. The Post-master General reserves to himself the right of declaring any contract at an end, whenever three failures happen, which amount to the loss of a trip each. 10. The contracts for the above routes are to be in operation on the first day of October next, and are to continue in force for two years, excepting the routes numbered 202 to 210, which are to continue in force for two years and an half.
GIDEON GRANGER, Post-Master General. General Post-Office, Washington } City, March 21, 1807. } 1awt1j.
FOR SALE.
VALUABLE PROPERTY ON SHOCKOE HILL. The subscriber will sell, at PUBLIC AUCTION, in the City of Richmond, and on the premises—the following property, to wit—on the 1st day of June,
A CONVENIENT HOUSE and LOT, lately occupied by Moses Bates. A credit of one, two and three years will be given the purchaser. Each instalment to bear interest from the day of sale.—One personal security will be required, and a deed of trust on the property, to secure the payments regularly as they become due.
And on the 2d day of June, seven valuable half acre LOTS, lying in Duvall's plan, of the City of Richmond, known by the numbers 31, 32, 33, 34, 44, 45, and 46. The said Lots are very handsomely situated between a square belonging to Mr. Allen Pollock and Dr. James Greenhow. They will be sold on a credit of six and twelve months, bearing interest from the day of sale—but if the payments are punctually made, the interest will be remitted. DAVID DORRINGTON. May 5. 1awtdf.
TO RENT.
For three or five years:
THAT valuable TANYARD of the late Mr. Jacob Bockius, and now occupied by the Subscriber situated on the Main-Street of this city, between the Capitol and Basin of the canal, its conveniences are superior to any other in this place. A large Currying Shop, Cellar and drying loft, a spacious Bark-House, two Bark Mills and Houses, a Beam House and every other requisite for the tanning of from 2 to 3000 hides a year, exclusive of skins: Also on the same tenement a convenient DWELLING HOUSE, Kitchen, Smoke-House, Stable and Garden, the renter may be accommodated with about one hundred cords of excellent red and black oak Bark, now in the Bark House at a fair price. Proposals for the above will be received by the subscriber. Bond with approved security will be required, and possession given of the whole, except a few of the vats, on the first of September next. The reason assigned for offering the foregoing property for rent, is the ill state of health of the Subscriber to pay that attention the business requires. MARCUS ELOAN. April 3. 1awh.
in pursuance of a Decree in Chancery, made by the Court of the United States, for the fifth circuit, in the district of Virginia, at the November term, in the year 1806, we shall expose to Public Auction, at the times and places hereinafter mentioned—
THE TRACTS OF LAND following: That is to say, one tract, in the county of Powhatan, whereon William Ronald, now deceased, lived, containing fifteen hundred acres, and also one other tract in the same county of Powhatan, containing forty-four acres, purchased by the said William Ronald, from F. Woodson, at Powhatan Court-house, on the court day thereof, in the month of June, in the present year, 1807, being the 17th day of that month; and also two tracts, in the county of Goochland, one on Beaverdam creek, containing nine hundred acres; and the other called Little-Island, containing ten acres, at Goochland court-house, on the court day thereof, on the 15th day of June, 1807. The dower of the widow of the said William Ronald, will be first deducted, and the conditions, on which the said land are directed under the said decree, will appear therein and will be communicated on the days of sale. The terms of payment will be as follows:—one fourth of the purchase money to be paid in cash, and the remaining three fourths in three equal instalments of six, twelve and eighteen months credit. In all other respects the aforesaid decree will be purified.
WM. BEREKELEY, JOSIAH ELLIS, } Comrs. WM. MANN, }
April 23. 1awtdf.
TEN DOLLARS REWARD.
And all legal and reasonable charges paid, for apprehending and bringing to the subscriber, near Charlottesville, Albemarle, or for securing him in some jail, and giving me information thereof by post, to Charlottesville.
A SMALL BLACK NEGRO MAN, named BILLY, alias WILL, about 30 years of age, 5 feet 6 or 7 inches high, has a small scar over one of his eyes, walks very awkward, which is occasioned by his turning his toes very much out—he appears to be lame when he walks—he is an ill looking fellow, rather a bulky head of hair, which he sometimes ties, and at times rather impudent; he is a rough hewer, and an excellent sawyer, having been employed at the business for ten or twelve years past; he left Charlottesville about Christmas last, and was on the 20th January following committed to Rockingham jail, which he broke in a few days, and has not been heard of since. It is supposed he will make towards Winchester, or Hobbs-Hole, where he was raised in the Brockenborough family, but he has not been among them for the last 10 or 12 years; he will probably change his name and clothes, the latter of which were when he ran away, a blanketing great coat, and a grey coloured round coat and panama loons. DAVID WATTS, sen. May 19. 1aw2m.
FOR SALE.
By the subscriber, three doors below the market-bridge, 25 HUNS. of CIDER VINEGAR.
Of superior quality, which will be disposed of, at moderate terms, by wholesale and retail. SAMUEL WHITE, May 19. 1aw6m.
TEN DOLLARS REWARD.
Strayed or f. from Mr. Francis Taylor's, in Richmond on the night of Tuesday, the 5th instant,
A LIKELY BAY MARE, about five feet one inch high, nine years old this spring, branded on her near buttock, J. R. C. newly shod all round, her right eye lately injured, has some saddle spots near her shoulders, a long nick'd tail, and the hair taken off from the lower part of her neck by a collar. Whoever will deliver the above mare to Mr. F. Taylor, in Richmond, or the subscriber living in the town or end of Hanover, shall receive ten dollars reward, or the half of it will be given to any person who will give me such information as may enable me to get her again. ELISHA MEREDITH. Hanover, May 19. 1aw6m.
NOTICE.
Will be sold, at public auction, on Wednesday the 17th of June next, at the town of Ca Ira, in Cumberland County:
THE personal property of the late Dr. Wm. Johnson: This property consists chiefly of a riding Horse, Saddle and Bridle, a Silver Watch, some Medical and other Books, a small assortment of Medicines, and a set of surgical instruments.—Twelve months credit will be given on the sales, and bonds with security required.
Those who are indebted to the estate of Wm. Johnson, are requested to adjust their accounts, with Mr. Jno. Lackland, a merchant in Ca Ira, and to make payment to him, or to come prepared for a settlement with the subscriber, at the time and place above mentioned; & those who have claims against the estate, are desired to exhibit them as soon as possible. C. JOHNSON, Adm'r. May 12. 1awtdf.
FOR SALE.