Virginia Argus (Richmond, Va.), 1805-03-02 00:00:00

VIRGINIA ARGUS
[Vol. XII.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1135.]
RICHMOND:—PRINTED (ON WEDNESDAYS AND SATURDAYS) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
[Four Dollars Per Annum....paid in advance.]
SATURDAY, MARCH 2, 1805.
[12 1-2 Cents Single.]
Sales at Auction.
Will be SOLD, at Public Auction, on Tuesday the 19th inst. on the premises, the well improved
Half-Acre LOT,
Lying in that part of this city called Rocketts, No 207, formerly the property of Robert Omberson, dec. the lot will admit of a partition into three lots. The terms of sale, for negotiable notes in the Bank of Virginia at 90 days; an indispensable title will be made, except an incumbrance of the widow's dower.
Prosser & Moncure, v. m.
February, 1805.
The sale of the above property having unavoidably been postponed, will positively take place on Saturday the 2d March next, on the premises, between the hours of one and two o'clock, P. M.
Prosser & Moncure, v. m.
Richmond, Feb 23d, 1805.
Sales at Auction.
Will be SOLD, on Wednesday the 6th day of March next, on a credit of twelve months,
An Elegant Chariot,
As good as new, with a complete set of HARNESS, together with a pair of STRONG HORSES.
THOMAS TAYLOR & CO. v. m.
February 22, 1805
Sales at Auction.
WILL BE SOLD, on Wednesday the 6th day of March next, a good
BRICK DWELLING HOUSE,
With all the necessary offices, together with TWO ACRES (town measure) of HIGHLY IMPROVED LAND.
The property and present residence of Dr. James D. M'Gaw.—Terms of payment will be made known on the day of sale.
THOMAS TAYLOR, & Co. v. m.
February 19, 1805.
Just come to hand, a consignment of
5 bales German Oznaburgs.
45 tons Swedish Iron.
10 Hhds. prime old Rum, and
5 pipes London particular Madeira Wine, of superior quality.
Which the subscribers will sell low for approved negotiable notes on 90 days.
PROSSER & MONCURE, v. m.
Richmond, Feb 26, 1805.
JUST RECEIVED,
AN EXTENSIVE ASSORTMENT OF 7-8 and 4-4 IRISH LINENS, 3-4 Do SWEETINGS, 3-4 and 3-4 DIAPERS and LONG LAWNs.—Which the subscribers offer for sale at their usual low prices.
GILLIAT & KIRBY.
February 25, 1805.
TO RENT OR LEASE, FOR TEN OR TWELVE YEARS,
A Lot of LAND,
No. 31, in the town of Manchester. Enquire of Dr. B. Du-Val, or
W. Richardson, Jr.
February 22.
LAND FOR SALE.
800 ACRES lying in the county of Granville and state of North Carolina, about 9 miles from Taylor's bridge on the South side of Tar River, and on the road from Granville courthouse to Raleigh.—Near two hundred acres of which is cleared and under tolerable improvement. On the West side of the said road there are two PLANTATIONS, each of which has a tolerable dwelling house and other necessary improvements.—And on the East side there is a PLANTATION, a good dwelling house, large barn, kitchen, spinning house, & other necessary houses, with an orchard and good garden. The quality and soil of this land is well adapted to the culture of corn, wheat and tobacco. The subscriber will sell the whole or separate parcels, as may best suit the purchasers. For terms apply to
NATHANIEL MOORE.
February 7th, 1805.
The subscribers will offer for public sale, on the premises, on the third Tuesday in March, being the 19th, (if not previously disposed of by private bargain.)
That Valuable and well known Mill,
Lying on Falling creek, near Falling creek church, in the county of Chesterfield and within 12 miles of the town of Manchester—the mill is in good repair and works a pair of Burr & Cologne stones—there is attached to the mill about six acres of LAND; the neighborhood of the mill is thickly settled and the entom considerable. Possession will be given on the first of October next, and the terms of payment are, one half in hand, and the balance in two equal annual payments, the purchaser giving bond with approved security for the balance. Those who may be inclined to whom may be inclined to purchase, will be shown the premises on application to James or William Baker.
John Baker. Wm. Baker.
Thos. Baker. James Baker.
Chesterfield, Feb. 23d, 1805.
I WISH TO SELL
MY TRACT OF LAND,
Lying in Goochland county, containing between 2 and 300 acres, with every necessary house thereon for a common farmer. For further information apply to the owner.
Sam. Lemay.
13th February, 1805.
To be sold for ready money,
In pursuance of a deed of trust from David Ross, Esq. in order to raise the sum of four thousand nine hundred and forty two dollars and forty two cents, with interest thereon, to be computed after the rate of five per centum per annum, from the 19th day of this month, due from the said David Ross, to the trustees of James Dunlop, dec. the following
Lands, Lots & Tenements,
Or such part of them as may be necessary to pay the said debt and interest, with the charges and expense of sale.
An estate or plantation, in the county Goochland, called COLINS, containing by estimation fifteen hundred acres, the same more or less, lying on the waters of Byrd creek, and purchased by the said David Ross of the representatives of James Cole, of William Cole and John Hughes, and adjoining the lands of Richard Adams and Samuel Richardson, according to its known boundaries as held by the said David Ross. Also, the following Lots in the town of Columbia, Fluvanna county, to wit: Lot No. 63, on which the warehouse is built. No. 75, on which is a store-house, now or late in the occupation of John Forbes. No. 74, now or late in the occupation of J. Strother. No. 76, now or late in the occupation of Mrs. Price.
The sale will take place at John Napier's tavern, in the town of Columbia, on Thursday the 28th day of next month; and the lands and tenements aforesaid, will be set up in that order which shall appear best to suit the purchasers and most beneficial to the parties concerned.
JOHN WICKHAM, } Trustees. BEN MOSBY, GEO. GREENHOW, } February 25, 1805
To be sold for ready money,
in pursuance of a decree of the circuit court of the United States, between Phoebe Bond, attorney for the creditors of Ezekiel Edwards, plaintiff, and David Ross and others, defendants, in order to raise the sum of dolls. 7000 40 cents, with the expense of sale,
A Number of Slaves,
And so much of that Valuable Estate, in the county of Campbell, known by the name of the OXFORD IRON-WORK, as shall appear sufficient to raise the said sum of money and the said expenses the said land being now in the occupation of the said David Ross, and the slaves aforesaid being on the land. The sale will take place at the Oxford Iron Works in the county of Campbell, on Thursday the 11th of April next. The slaves are represented to be very valuable. The land is so well known as to render a description unnecessary.
Ben Mosby, D. M. for J. Scott, M. V. D. February 25, 1805.
WHEAT FAN & WOVEN WIRE MANUFACTORY.
No. 7, Bridge street, four doors north of Griffith's Bridge, Baltimore.
WHERE are made and sold, WHEAT FANS, first quality; ROLLING and other SCREENS, for wheat, barley, flax-seed, &c.; HAND RIDDLES and SIEVES, for corn, corn, barley, wheat, rye, oats, meal, brick-dust, flax-seed, clover seed, cockle, lime, sand, &c.; SIEVES for Indian meal; WIRE SAFES, WOVEN WIRE for windows, &c. &c.
AMOS SMITH, (Formerly West & Smith.)
N. B. A good assortment on hand. Any of the above articles will be delivered in Richmond, (on short notice) at the same prices as at the manufactory (exclusive of freight) on the orders being left with
SAMUEL PARSONS & SON,
Near the Basin, of whom the prices may be known—who have now on hand, Wheat Fans, Wheat and Lime Sieves, and Meal Sieves, &c. of a superior quality.
P. S. WIRE SAFES, and a few tons BAR IRON on hand
11th Mo. 1st. 1804.
Amelia County Court, January 24, 1805.
Richard Foster, complt. } Against } In Chancery. Joshua Atkinson, Henry Estridge, Samuel Ward and Watkins Johnson, defts.
THIS day came the complainant by John Lane his counsel, and the defendant Atkinson, not having appeared and giving security agreeable to the act of Assembly and the rules of this court; and it appearing to the satisfaction of the court that the said defendant Atkinson, is not an inhabitant of this state: Therefore, on the motion of the complainant by his counsel aforesaid, It is ordered, That the said defendant appear here on the first day of May court next, and answer the bill of the complainant; and that a copy of this order be forthwith inserted in some public newspaper published in the city of Richmond, for two months successively, and posted at the front door of the courthouse on two several court days.
A Copy—Teste, James Townes, jr. c. a. c.
Prince-Edward, November, 1804.
Harah Willard, plaintiff. } Against } In Chancery. Henry Nixon & Pugh W. Price, defendants.
THE defendant Nixon, not having entered his appearance and given security according to an act of the general assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this state: On the motion of the plaintiff by his counsel, It is ordered, that the said defendant Nixon do appear here on the first day of March court next and answer the plaintiff's bill; and that a copy of this order be forthwith inserted in some one of the newspapers printed in the city of Richmond, for two months successively, and also posted at the front door of the courthouse of this county.
A copy—Teste, Ben. Watkins, d. c.
ALMANACKS.
Bates's and Carey's Franklin Almanacks, for 1805, are for sale at this office, by the gross, or dozen.
At a Court held for Washington County, the 16th day of January, 1805.
James White, complt. } Against } In Chancery. Joseph Acklin and Andrew Davidson, defendants.
THE defendant Acklin, not having entered his appearance and given security according to the act of Assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of the commonwealth of Virginia: On the motion of the complainant, It is ordered, that the said defendant Acklin, do appear here on the third Tuesday in May next, and answer the bill of the complainant, and that a copy of this order be inserted in some public newspaper published in this state for two months successively, and another copy posted at the front door of the courthouse of the said county.
A copy—Attest, D. CAMPBELL, D. C. W. C.
WRANGLER,
IMPORTED last summer was two years from England. This horse, so justly celebrated for his beauty, size, blood, and performances, it is believed is not surpassed by any horse ever imported into America. He is a fine bay and only ten years old, last spring; he will stand at my stable in Prince Edward county, nine miles below the courthouse and two from Ellis's Bets, formerly Moore's ordinary, to cover mares at seven pounds the season, twenty shillings of which will be remitted if paid within the season, and forty dollars to insure a mare with foal, payable immediately, if the mare is parted with, with one dollar to the groom with each mare. The season will commence the 10th of March and expire the 10th of August. Good and extensive pasture, well included, gratis. No liability for accidents or escapes of any kind, but great care will be taken to prevent either. Mares will be expected with the mares. Gentlemen who leave their mares may have them fed with grain at the market price, if required.
BLOOD.
He was bred by Mr. Thomas Charles Buckley and was got by old Diomed; his dam by Chace, Sedley's famous mare Fletcher, by Goldfinder, grandam by Squirrel; great grandam by Ballybrat, brother to Blaze; great grandam by Lady out of a full sister to Shipp. He was got by Shipp, one of the old Ballybrat mares, sister to Buckley. Let it be recollected, that Fletcher, the dam of Wrangler, was decidedly the best mare of her day; she is the grandam of col. Hoomes's Lady Bull.
PERFORMANCES.
Wrangler at three years old, won a sweepstakes at Alston, in Suffolk, beating Mr. Durand's Johnny, Profserine, Spike and others. He won a match for 100 guineas a side, beating Lord Egremont's Bugle; and he also won the town plate, beating Rofes, &c. At four years old, Wrangler won at New Market second spring meeting, a sweepstakes of 800 guineas, beating Centinel, Deplorable, Enraptured, Plover and Cumberland; and at Brighton meeting, a sweepstakes of 300 guineas, beating Bugle and Jonquil, and was second to Magic for the Petworth Rakes, beating Bennington, Johnny, Play or Pay, Montezuma &c. He won at Bedford four mile heats, free for all ages; he beat Reluctance a match, and he won a plate at New Market, in the Houghton meeting beating Fidge, Bennington, Humbug, Oatlands, Hornpipe, &c. At five years old, for the ladies' plate at Lewis, he beat Magic, Gohanna, Worth, brother to Waxy. He won a plate at Bedford at four mile heats, winning the second and fourth heats, and won at Egham, and he also won a sweepstakes at New Market, beating Lady Bull, Spoliator, Speculator, Philbert, &c. At six years old, for the great Oatlands Rakes, he beat Telephorus, Autrim, Vandal, Hornpipe Lads and Stamford. At New Market first spring meeting, he won a plate, beating Pay-nator and Boaster; he also won a sweepstakes of 25 guineas each, giving six pounds; and the year to Pay-nator, beating at the same time, Expedition and Boaster. In the month of August, 1800, he was purchased by col. O'Kelly, who won two matches with him for 50 guineas each, beating Grey Hound. At seven years old, he beat Jack Andrews a match, three miles and a half, over New Market, for 100 guineas; he also beat Hornpipe Lady across the flat, for 50 guineas; he was next horse to Sir Harry and beat the Prince of Wales's colt by King Fergus, and his colt, by Musidor, Jack Chance and Puffin. He had occasionally creased, and he could be obtained, and he was purchased to be imported to Virginia. He is in high health and vigor, not a blemish about him, and his limbs as clear as those of a colt; but his bell recommendation will be a view of him.
(vtf.) Thomas Haskins. Prince-Edward, February 4, 1805.
TAKEN up by Isaac W. Pleasants, on Beavertown creek, in Goochland county, a light iron gray HORSE, about five feet high, switch tail, has no brand, and his off fore knee very much swelled, and goes very lame, shed all round—Appraised this day before me to one hundred and twenty dollars. Given under my hand the 5th November, 1804.
N. M. Vaughan. A copy, Teste, William Miller, c. g. c.
THE FOLLOWING ARTICLES,
Are for sale at Dr. Wilson's Apothecary Shop opposite the Bell Tavern, to wit:
Red and white Lead, Verdigris, Spanish Whitening, Spanish Brown, Umber, Naples Yellow, Blue Smalt, Brown Pink, Rose Pink, Flake White, Gold Leaf, Liquid Gold Size, Copal and Spirit Varnish, Camels Hair Pencils, Yellow Ochre, Litharge, Sugar of Lead, &c. &c. Also a quantity of Salt Petre. He wishes to rent a stand for an Apothecary's Shop in the neighbourhood of the cross street leading to Mayo's bridge. 20th Dec. 1804.
HUGH J. CRAWFORD,
Has just received per ship Alexander, from London, a general assortment of genuine
Drugs and Medicines,
Which he will dispose of on moderate terms. Richmond, Dec 24th, 1804.
THE SUBSCRIBER OFFERS FOR SALE, FOUR HUNDRED ACRES OF
LAND,
PART of the Fairfield tract, adjoining the land of Mr. Abram Cowley, John Stubbs and Esme Smock, about two miles from the Market house in the city of Richmond; this land is in woods, except about thirty acres, which are cleared and under a strong fence; it is level and well adapted to farming; the wood with which it abounds, considering its proximity to the city, makes it a desirable purchase to any person, especially to a resident of the city. This land may be purchased entire, or in lots of fifty or one hundred acres, and possession given immediately. MILES SELDEN. True Hill, 20th Feb. 1805.
Congressional Register.
Wednesday, January 30.
HOUSE OF REPRESENTATIVES.
Wednesday, January 30.
DEBATE ON THE GEORGIA CLAIMS.
Mr. Elliot.—It cannot but be considered as a very fortunate circumstance, and one which cannot fail to have a favorable influence, upon the final decision of this important question—that, since the delivery of the animated observations which yesterday so powerfully attracted the attention of the house, we have been afforded a few hours of tranquil retirement from the tempt of the arena, for the purpose, useful at all times and peculiarly so at the present time, of calm reflection. To transfer ourselves in a moment from the flowery fields of fancy, to the rugged road of argument, to descend instantaneously from the elevated scenes of eloquence to the humble walls of common sense, requires an effort transcending ordinary powers. In claiming your attention Mr. Speaker, for a greater portion of the day than I commonly occupy in debate upon this floor, I shall not address you in the style of compliment or ceremony. It is time to banish from these walls that idle frippery of ceremonious conversation, which is suited only to a new year's compliment, or a birth day salutation, and to try to catch a little of the sturdy spirit of antiquity. A bold, a loud, an impressive appeal, is made to the American people. Let that appeal I fearlessly and most cordially invite. I regret, however, the existence of a precedent which at once justifies and demands these addresses to the people. Much as I wish to disseminate correct information, particularly on a subject which I believe is but imperfectly understood without these walls, except by interested persons, and convinced as I am that the subject is understood, and an opinion formed upon it, by every member of this house, I shall not so completely follow the example before us as to speak to the people in the first instance, but shall as usual direct my observations to the house. I propose to examine, in a concise, and if it be in my power, in an argumentative manner, the following questions, which have a direct application to the amendment proposed by the gentleman from Virginia (Mr. Clark) to the resolution under consideration, and which at the same time open to view the whole extent of the subject. Did the state of Georgia, in the year 1795, possess a title to the territory in question? Were the legislature of Georgia in 1795, invested, with the constitutional power of making a sale of the territory, and did they make such sale to those from whom the present claimants derive their title or pretended title? And if such sale was made, what title or color of title did it convey? Were the members of the legislature of Georgia, in 1795, invested with the constitutional power of rescinding the acts of their predecessors in relation to such sale, and did they rescind them? Were the claims or pretended claims of the present claimants in any manner recognised by the act of cession, of the territory in question from Georgia to the United States? And do justice and policy, or either justice or policy, require that the whole or any part of the five millions of acres, reserved by the act of cession from Georgia to the United States, for the purpose of satisfying claims of a certain description against Georgia, in reference to the said territory should be appropriated for the purpose of satisfying the claims of the present claimants? However extensive the outline which I have sketched of the subject, the survey will be a rapid one. It is necessary that I should make one or two preliminary observations. I have uniformly been opposed to the doctrine which has been so powerfully advocated, that congress is competent to make a le-
gislative decision upon the validity or invalidity of the conflicting acts of Georgia. We possess no such powers. But as individuals we may express our opinions. Nor am I disposed to do anything which shall have a tendency to impugn the title of the United States to this territory. Without deciding the question of title, my principal object is to show that the claimants are in possession of so strong a color of title, that it will be good policy to authorise a negotiation with them for the abandonment of their claim, especially as we have a prospect of obtaining that abandonment on their part, without going beyond the reservation in the act of cession, and of course without the actual expense of a single dollar to the U. States. Did the state of Georgia, in the year 1795, possess a title to the territory in question? To answer this enquiry it is only necessary to make one or two quotations from the articles of agreement and cession, entered into on the 24th of April, 1802, between the commissioners of the United States and those of Georgia. In the first article, "the state of Georgia cedes to the United States all the right, title and claim, which the said state has to the jurisdiction and soil of the lands situated within the boundaries of the United States south of the state of Tennessee" &c. By the second article, "The United States accept the cession above mentioned, and on the conditions therein expressed; and they cede to the state of Georgia whatever claim, right, or title, they may have to the jurisdiction or soil of any land lying within the United States, and out of the proper boundaries of any other state, and situated south of the southern boundaries of the states of Tennessee, North Carolina and South Carolina, and east of the boundary line herein above described, as the eastern boundary of the territory ceded by Georgia to the United States." Whatever claim or title the United States might previously have had to the territory, they thought proper, in 1802, to combine with it and to fortify it, by that of Georgia; and surely we shall not do any act, or adopt any principle, tending to impair the title under which we now exercise jurisdiction over the territory.
Were the legislature of Georgia, in 1795, invested with the constitutional power of making a sale of the territory, and did they make such sale to those from whom the present claimants derive their title or pretended title? And if such sale was made, what title or color of title did it convey? In this age of political revolution and reformation, for I consider it as an age of reformation as well as revolution, there are still certain principles and maxims, not merely venerable for their antiquity, but consecrated by their conformity to the common sense and reason of mankind, which are considered as universal in their application, and irresistible in their influence. Among these may be numbered the principles which attach to the government of every regularly organised community, the power of pledging the public faith, and that of alienating the right of soil of the vacant territory of the nation. In every free government, there must exist the power of legislation or of making laws, a distinct power charged with the execution of the laws, and a judicial power; the union of these different powers in the same man or body of men is the very essence of despotism. Thus in France, prior to the revolution, it was a fundamental maxim of state that the king was the legislator of the French monarchy; and the power exercised in some instances by certain parliaments, of refusing to register the edicts of the monarch, however in practice it might operate as an obstruction to legislation, was in theory only a matter of form, or at most but a temporary check upon the executive power. In oligarchies, the legislative power is vested in the rich and noble, and in aristocracies, in a few individuals who are presumed to be the wisest and best in the community. In governments of the democratic form, this power resides in the great body of the people, and is exercised by themselves or their representatives. The base of the temple of American liberty is democracy, or the sovereignty of the people; representation and confederation are the principal pillars which support the great superstructure. As the state governments are unquestionably representative democracies, the general government is a representative federal republic. In every government of the representative form, the representatives of the people are vested with power to pledge the public faith, and to alienate the vacant territory of the nation. Were the members of the legislature of Georgia, in 1795, invested with this authority? Certainly it was within the sphere of those constitutional rights and powers, which had never been surrendered to the general government. We have since recognised that authority by receiving a solemn deed of cession of the territory, from a subsequent legislature of

Georgia, transferring to us not only the soil, but the right of jurisdiction. Was this authority exercised in 1795. In the act of the legislature of that state of the 7th of January in that year, granting this territory to those from whom the present claimants derive their claims, certain lands are described, and it is enacted that those lands shall be sold to such and such persons as tenants in common and not as joint tenants. The land shall be sold, or in other words, the right of soil shall be alienated. A proper distinction is taken between the dominium utile and the dominium directum of the civilians. No transfer was made of the right of jurisdiction, although such imaginary transfer forms a prominent article in the reasons assigned by the legislature of 1795 for passing the rescinding act. From this view of the subject, whatever may be the present state of the question of legal title, who can doubt that the present claimants, honest purchasers from the original grantees, upon the faith of an independent state, and innocent of fraud, if fraud existed, possess such a color of title, such an equitable claim, as to render it prudent and politic to enter into compromise with them upon reasonable terms?
Were the members of the legislature of Georgia in 1795, invested with the constitutional power of rescinding the acts of their predecessors in relation to such sale, and did they rescind them? Congress is incompetent to the decision of this question. Nor is such decision necessary. I will however make one or two enquiries and state one or two principles, which are applicable to the subject, and which at the same time will go to strengthen the ground I have taken as to the color of title in the claimants, and the policy of extinguishing their claims. Can a legislature rescind a contract made by its predecessors?
Writers on national law make a distinction between laws which operate in the nature of contracts and those which have no such operation. Every enlightened and reasonable man will subscribe to the opinion that a pledge of the public faith, given by the competent authority, ought to be irrepealable. Laws which pledge the faith of the community, which create contracts, which vest rights in individuals or in corporate bodies, it may safely be assumed as a general principle, are irrepealable. Laws of merely municipal operation are alterable or repealable at the pleasure of the existing legislature.
Can the judicial power declare a legislative act void as having been passed by means of corruption?
Different opinions have existed in our country as to the right claimed by the judiciary of deciding upon the constitutionality of laws. The better opinion seems to be, that from the nature of our government, and the very terms of the constitution itself, by which that instrument is declared to be the supreme law of the land, the judges not only ought to exercise that power, but that they cannot avoid its exercise. If I am not mistaken, some gentlemen who deny that the judges possess this right, are prepared to invest them with the more dangerous one of setting aside a legislative act on the ground of corruption. To admit that the judiciary may examine into the motives of the legislature in passing laws, or that they may receive and decide upon evidence tending to prove corruption in the legislative body, would certainly be going much farther than those have gone who have claimed for that department the right of deciding upon the constitutionality of laws. Suppose a trial of title between a person claiming under the act of Georgia of 1795, and another claiming under the United States, and suppose evidence offered to the court to prove the corruption of the legislature of Georgia, in what a peculiar situation would the judges be placed? And would they listen for a moment to an application for the admission of such evidence? It may well be doubted. Do not then the present claimants possess a very strong color of title? Is it not prudent to extinguish claims of this description?
Were claims or the pretended claims of the present claimants in any manner recognized by the act of cession of the territory in question from Georgia to the United States? And
Do justice and policy, or either justice or policy, require that the whole or any part of the five millions of acres, reserved by the act of cession from Georgia to the United States, for the purpose of satisfying claims of a certain description against Georgia, in reference to the said territory, should be appropriated for the purpose of satisfying the claims of the present claimants?
I have anticipated the principal arguments in favor of the equity of the claims and the policy of a compromise with the claimants. The memorialists state that their claims were particularly contemplated by the commissioners, both of the United States and of Georgia. They have offered us no evidence of this fact, and we are not to take it for granted. Indeed I am far from thinking it my duty either to advocate or answer the pamphlet of the memorialists, and I shall make but this single allusion to it. Whatever may be its merits, it has had no influence upon my mind in forming my opinion. An examination of the official documents upon our tables will evince, however, that by a very strong implication, if not by express provisions, these claims have been recognized, both by the act of cession, and by the law of Congress passed in consequence. The first condition of the first
article of agreement and cession, provides for the payment of one million two hundred and fifty thousand dollars to the State of Georgia, out of the first nett proceeds of the sales of the lands then ceded; the second provides for certain British and Spanish grants; and the third is as follows: "That all the lands ceded by this agreement to the United States, shall, after satisfying the above mentioned payments of one million two hundred and fifty thousand dollars to the State of Georgia, and the grants recognized by the preceding condition, be considered as a common fund for the use and benefit of the United States, Georgia included, and shall be faithfully disposed of for that purpose, and for no other use or purpose whatever: provided however, that the United States, for the period and until the end of one year after the assent of Georgia, to the boundary established by this agreement shall have been declared, may, in such manner as not to interfere with the above mentioned payment to the State of Georgia, but with the assent herein before recognized, dispose of a portion of said lands, not exceeding five millions of acres, or the proceeds of the five millions of acres, or of any part thereof, for the purpose of satisfying, quieting or compensating for any claims other than those herein before recognized, which may be made to the said lands, or to any part thereof. It being fully understood, that if an act of Congress making such disposition or appropriation shall not be passed into a law within the above mentioned period of one year, the United States shall not be at liberty thereafter to cede any part of the said lands on account of claims which may be laid to the same, other than those recognized by the preceding condition, nor to compensate for the same; and in case of any such cession or compensation, the present cession of Georgia, to the right of soil over the lands thus ceded or compensated for, shall be considered as null & void, and the lands thus ceded or compensated for, shall revert to the State of Georgia." It is unnecessary to enquire into the motives which dictated a provision so singular; they are obvious to all who are acquainted with the whole history of the transaction. It was well understood that Congress was to pass the law, and it was passed on the third of March 1803. The eighth section appropriated so much of the reserved five millions of acres, as might be necessary to satisfy the claims, not recognized by the preceding agreement, which were embraced by the two first sections of the act, or derived from British grants for lands not recognized by the Spanish government; and also contained the following appropriation—"so much of the residue of the said five millions of acres, or of the nett proceeds thereof as may be necessary for that purpose, shall be and is hereby appropriated for the purpose of satisfying, quieting and compensating for such other claims to the lands of the United States south of the state of Tennessee, not recognized in the above mentioned articles of agreement, and which are derived from any act or precept of the state of Georgia, which Congress may hereafter think it to provide for." However, that no other claims were embraced by this appropriation appears from the evidence of which shall have been exhibited, by the claimants, to the Secretary of State, and recorded in books to be kept in his office for that purpose, at the expense of the party exhibiting the same." The following are the opinions of the commissioners, the Secretary of State, Secretary of the Treasury, and Attorney General of the United States, and Attorney General of the United States upon this subject. On the claims pretended to be derived under the act of Georgia of the 21st December 1789, they observe, "upon a full view of the subject, the commissioners do not perceive that those companies have any equitable claim either for the land, or for compensation from the United States." Very different is the opinion upon the claims under the act of 1795. "The commissioners think those propositions inadmissible, and without pretending to affirm that the legislature of Georgia was competent to make the decision, they feel no hesitation in declaring it as their opinion, that under all the circumstances which may affect the case, as they have come within their knowledge, and as herein stated, the title of the claimants cannot be supported. But they nevertheless believe that the interest of the United States, the tranquility of those who may hereafter inhabit that territory, and various equitable considerations which may be urged in favor of most of the present claimants, render it expedient to enter into a compromise on reasonable terms." Here I cannot but remark how very difficult it is for feeble minds to decide important questions upon which great men disagree. The gentleman from Virginia (Mr. Randolph) is of opinion that it would not only be impolitic to compromise these claims, but that the only claims of the applicants are fraud and villainy; the commissioners, who probably examined the subject with as much attention, at least with as much coolness, as that gentleman, believe that not only the public good requires the compromise, but that various equitable considerations may be urged in favour of most of the present claimants. The Secretary of the Treasury, in his letter of the 9th inst. to the chairman of the committee of claims observes, "My own impression was, that the five millions of acres would be sufficient to cover all the claims of settlers, British grantees, and others not expressly provided for by the
articles of agreement, and also to make a reasonable compensation for claims derived or pretended to be derived from Georgia; and it appeared to me that the effect of the clause would be—to prevent congress from voluntarily confirming, at some future time, the said Georgia claims. 2d. To leave it in their power to compromise with that description of claimants, by allowing so much of the surplus of five millions of acres as they might think proper; without, at the same time, pledging government to enter into a compromise, if upon a full view of all the circumstances of the case, a different course was thought more eligible." The committee of claimants, who must have paid more attention to the subject than it is possible for other members to do, "On considering these various transactions, are of opinion, that it is proper to make some legislative provision for the purpose of settling the existing claims on such terms as shall appear to be reasonable," and they recommend the appointment of commissioners for that purpose. Can there any longer be a doubt that the claims are recognized by the act of cession? Can there be a doubt that congress, by making the appropriation of the five millions of acres, and by subjecting the claimants to great expense in recording and supporting their claims, have tacitly pledged the public faith that some provision shall be made for them? And do not justice and policy require the adoption of the resolution reported by the committee?
(To be continued.)
HIGH COURT OF IMPEACHMENT. The Answer and Pleas of Samuel Chase.
Continued. If however this opinion were erroneous, this respondent would be far less censurable than his predecessors, by whose example he was led astray, and by whose authority he considered himself bound. Was it an error to consider himself bound by the authority of their previous decisions? If it were, he was led into the error by the uniform course of judicial proceedings, in this country and in England, and is supported in it, by one of the fundamental principles of our jurisprudence. Can such an error be a crime or misdemeanor?
If, on the other hand, the opinion be in itself correct, as he believes and insists that it is, could the expression of a correct opinion on the law, wherever and however made, mislead the jury, infringe their rights, or give an improper bias to their judgment? Could truth excite improper prejudices? Could the jury be less prepared to hear the law discussed, and to decide on it correctly, because it was correctly stated to them by the court? And is not that a new kind of offence, in this country at least, which consists in telling the truth, and giving a correct exposition of the law.
As to the second specific charge adduced in support of the first article of impeachment, which accuses this respondent, "of restricting the counsel for the said Fries, from recurring to such English authorities as they believed apposite, or from citing certain statutes of the United States, which they deemed illustrative of the positions upon which they intended to rest the defence of their client," this respondent admits that he did, on the above mentioned trial, express it as his opinion to the aforesaid counsel for the prisoner, "that the decisions in England, in cases of indictments for treason at common law, against the person of the king, ought not to be read to the jury, on trials for treason under the constitution and statutes of the United States; because such decisions could not inform, but might mislead and deceive the jury; that any decisions on cases of treason, in the courts of England, before the revolution of 1688, ought to have very little influence in the courts of the United States; that he would permit decisions in the courts of England or of Great Britain, since the said revolution, to be read to the court or jury, for the purpose of shewing what acts have been considered by these courts, as a constructive levying of war against the king of that country, in his regal capacity, but not against his person; because levying war against his government, was of the same nature as levying war against the government of the United States; but that such decisions, nevertheless, were not to be considered as authoritative binding on the courts and juries of this country, but merely in the light of opinions entitled to great respect as having been delivered after full consideration, by men of great legal learning and ability."
These are the opinions which he did, on that occasion, deliver to the counsel for the prisoner, and which he then thought, and still thinks, it was his duty to deliver. The counsellors admitted to practice in any court of justice, are, in his opinion, and according to universal practice, to be considered as officers of such courts and ministers of justice therein and as such, subject to the direction and control of the court, as to their conduct in its presence, and in conducting the defence of criminals on trial before it.—As counsel, they owe the person accused, diligence, fidelity, and secrecy, and to the court and jury, due and correct information, according to the best of their knowledge and ability, on every matter of law which they attempt to adduce in argument. The court, on the other hand, hath power, and is bound in duty, to decide and direct what evidence, whether by record or by precedents of decisions in courts of justice, is proper to be admitted for the establishment of any matter of law or fact. Consequently, should counsel attempt to read
to a jury as a law still in force, a statute which had been repealed, or a decision which had been reversed, or the judgments of courts in countries whose laws have no connexion with ours, it would be the duty of the court to interpose, and prevent such an imposition from being practised on the jury. For these reasons, this respondent thinks that his conduct was correct, in expressing to the counsel for Fries, the opinions stated above. He is not bound to answer here for the correctness of those principles, though he thinks them incontestible; but merely for the correctness of his motives in delivering them. A contrary opinion would convert this honorable court, from a court of impeachment to a court of appeals; and would lead directly to the strange absurdity, that whenever the judgment of an inferior court should be reversed on appeal or writ of error, the judges of that court must be convicted of high crimes and misdemeanors, and turned out of office; that error in judgment is a punishable offence; and that crimes may be committed without any criminal intention.—Against a doctrine so absurd and mischievous, so contrary to every notion of justice hitherto entertained, so utterly subversive of all that part of our system of jurisprudence, which has been wisely and humanely established for the protection of innocence, this respondent deems it his duty now, and on every fit occasion, to enter his protest and lift up his voice; and he trusts that in the discharge of his duty, infinitely more important to his country than to himself, he shall find approbation and support in the heart of every American, of every man throughout the world, who knows the blessings of civil liberty, or respects the principles of universal justice.
(To be continued.)
CONGRESS. Wednesday, February 20.
To the Senate and House of Representatives of the United States.
I communicate for the information of Congress a letter of September 18th, from Commodore Preble, giving a detailed account of the transactions of the vessels under his command from July the 9th to the 10th September last past. The energy and judgment displayed by this excellent officer through the whole course of the service lately confided to him, and the zeal and bravery of his officers and men in the several enterprises executed by them, cannot fail to give high satisfaction to Congress and their country, of whom they have deserved well.
TH: JEFFERSON. February 20th, 1805.
Copy of a letter from Commodore Preble to the Secretary of the Navy.
SIR, I had the honor to write you from Messina, under date of the 5th of July; I then expected to have sailed the day following, but was detained by bad weather until the 9th, when I left it with two small bomb vessels under convoy, and arrived at Syracuse; where we were necessarily detained four days. On the 14th I sailed; the schooners Nautilus and Enterprise in company, with six gun-boats and two bomb vessels, generously loaned us by his Sicilian majesty. The bomb vessels are about thirty tons, carry a thirteen inch brass sea mortar, and forty men. Gun-boats twenty-five tons; carry a long iron twenty-four pounder in the bow, with a complement of thirty-five men. They are officered and manned from the squadron, excepting twelve Neapolitan bombardiers, gunners and sailors attached to each boat; who were shipped by permission of their government. This step I found necessary, as every vessel in the squadron was considerably short of complement. The gun-boats are constructed for the defence of harbours; they are flat-bottomed and heavy, and do not sail or row even tolerably well. They were never intended to go to sea, and I find cannot be navigated with safety, unless assisted by ropes from larger and better sailing vessels; nor even then in very bad weather. However, as they were the best I could obtain, I have thought it for the good of our service to employ them, particularly as the weather in July and August is generally pleasant; and without them my force too small to make any impression on Tripoli.
On the 16th of July we arrived at Malta, where we were detained by contrary gales until the 21st, when we left it and arrived in sight of Tripoli the 25th and were joined by the Siren, Argus, Vixen and Scourge. Our squadron now consisted of the Constitution, three brigs, three schooners, two bombs and six gun-boats—our whole number of men 1050. I proceeded to make the necessary arrangements for an attack on Tripoli, a city well walled, protected by batteries judiciously constructed, mounting 115 pieces of heavy cannon, and defended by 25,000 Arabs and Turks, the harbour protected by 19 gun-boats, two galleys, two schooners of eight guns each, and a brig mounting ten guns, ranged in order of battle, forming a strong line of defence at secured moorings, inside a long range of rocks and shoals, extending more than two miles to the eastward of the town, which form the harbour, protects them from the northern gales, and renders it impossible for a vessel of the Constitution's draft of water to approach near enough to destroy them, as they are sheltered by the rocks and can retire under that shelter to the shore, unless they choose to expose themselves in the different channels and openings of the reef, for the purpose of
annoying their enemies. Each of their gun-boats mounts a heavy 18 or 26 pounder in the bow and two brass howitzers in their quarters, and carry from 36 to 50 men. The galleys have each 100 men; schooners and brigs about the same number. The weather was not favorable for anchoring until the 28th, when, with the wind E. S. E. the squadron stood in for the coast, and at 3 P. M. anchored per signal, Tripoli bearing south 2 1-2 miles distant. At this moment the wind shifted suddenly E. S. E. to N. N. W. and from thence to N. N. E. at 5 o'clock it blew strong with a heavy sea, setting directly on shore. I made the signal to prepare to weigh.—At 6, the wind and sea having considerably increased, the signal was made for the squadron to weigh and gain an offing; the wind continued veering to the eastward, which favored our gaining sea room, without being obliged to carry so great a press of sail, as to lose any of our gun-boats, although they were in great danger. The gale continued varying from N. E. to E. S. E. without increasing much, until the 31st, when it blew away our reefed foresail and close reefed main-topsail; fortunately the sea did not rise in proportion to the strength of the gale or we must have lost all our boats. August the 1st, the gale subsided and we stood towards the coast; every preparation was made for an attack on the town and harbor. August the 3d, pleasant weather, wind east, stood in with the squadron towards Tripoli; at noon we were between two and three miles from the batteries, which were all manned; and observing several of their gun-boats and galleys had advanced in 2 divisions without the rocks, I determined to take advantage of their temerity; at half past 12 o'clock, I wore off shore, and made the signal to come within hail, when I communicated to each of the commanders my intention of attacking the enemy's shipping & batteries. The gun and mortar boats were immediately manned and prepared to cast off; the gun-boats in two divisions of three each: the first division commanded by captain Somers in No. 1, lieutenant Decatur in No. 2, and lieutenant Blake in No. 3. The second division commanded by captain Decatur, in No. 4, lieutenant Bainbridge in No. 5, and lieutenant Tripp in No. 6. The two bombardiers were commanded by lieutenant commandant Dent, and Mr. Robinson, first lieutenant of this ship. At half past one o'clock, having made the necessary arrangements for the attack, wore ship and stood towards the batteries; at 2, signal made to cast off the boats; at quarter past 2, signal for bombs and gun-boats to advance and attack the enemy; at half past 2, general signal for battle; at 3 3/4 past 2 the bombs commenced the action by throwing shells into the town. In an instant the enemy's shipping and batteries opened a tremendous fire, which was promptly returned by the whole squadron within grape shot distance; at the same time the second division of three gun-boats, led by the gallant captain Decatur, was advancing with sails and oars, to board the eastern division of the enemy, consisting of nine boats. Our boats gave the enemy showers of grape and musket balls as they advanced, they however, soon closed, when the pistol, sabre, pike, and tomahawk, were made good use of by our brave tars. Captain Somers being in a dull sailer, made the best use of his sweeps, but was not able to fetch far enough to windward to engage the same division of the enemy's boats, which captain Decatur fell in with; he, however, gallantly bore down with his single boat on five of the enemy's western division, and engaged within pistol shot, defeated and drove them within the rocks in a shattered condition, and with the loss of a great number of men. Lieut. Decatur, in No. 2, was closely engaged with one of the enemy's largest boats, of the eastern division, which struck to him, after having lost a large proportion of men, and at the instant that brave officer was boarding her, to take possession, he was treacherously shot through the head, by the captain of the boat that had surrendered, which base conduct enabled the poltroon (with the assistance he received from other boats) to escape. The third boat of captain Somers's division, kept to windward, firing at the boats and shipping in the harbor; had she gone down to his assistance, it is probable several of the enemy's boats would have been captured in that quarter. Captain Decatur, in No. 4, after having with distinguished bravery, boarded and carried one of the enemy, of superior force, took his prize in tow and gallantly bore down to engage a second, which, after a severe and bloody conflict, he also took possession of. These two prizes had 33 officers and men killed, and 27 made prisoners; 19 of which were badly wounded. Lieut. Tripp, of the Vixen, in No. 6, ran along side of one of the enemy's large boats, which he boarded, with only midshipman John Henley and nine men; his boat falling off before any more could get on board; thus was he left compelled to conquer or perish, with the odds of 35 to 11. The Turks could not withstand the ardor of this brave officer and his assistants; in a few minutes the decks were cleared, and her colors hauled down. On board of this boat 14 of the enemy were killed and 22 made prisoners, 7 of which were badly wounded, the rest of their boats retreated within the rocks. Lieut. Tripp received 11 sabre wounds, some of which very severe; he speaks in the highest terms of Mr. Henley and those who followed him. Lieut. Bainbridge in No. 5, had his lantern yard shot away early in the action, which prevented his get-

along side of the enemy's boats; but he called them by a steady and well directed fire within musket shot; indeed he pursued the enemy until his boat grounded under the batteries; she was fortunately soon got off. The bomb vessels kept their stations although covered with the spray of the sea, occasioned by the enemy's shot; they were all conducted by lieuts. Dent and Robinson, who kept up a constant fire from the mortars and threw a great number of shells into the town. Five of the enemy's gun boats and two gallies, composing the centre division, and stationed within the rocks as a reserve, joined by the boats that had been driven in & supplied by fresh men from the shore to replace those they had lost, twice attempted to run out to endeavor to surround our gun boats and their prizes. I was often made the signal to cover them, which was promptly attended to by the brigs and schooners, all of which were gallantly conducted, and annoyed the enemy exceedingly; but the fire from this ship kept their flotilla completely in check. Our grape shot made great havoc among their men, not only on board their shipping, but on shore. We were several times within two cable's length of the rocks, and within three of their batteries; every one of which, in succession, were silenced so long as we could bring our broadside to bear upon them. But the moment we passed a battery it was reanimat'd and a constant heavy fire kept up, from all that we could not point our guns at. We suffered most when wearing or tacking; it was then I most sensibly felt the want of another frigate. At half past four the wind inclining to the northward I made the signal for the bombs and gun boats to retire from action, and immediately after, the signal to tow off the gun boats and prizes, which was handsomely executed by the brigs, schooners, and boats of the squadron, covered by a heavy fire from the Constitution. At three quarters past 4 P. M. the light vessels, gun boats and prizes being out of reach of the enemy's shot, I hauled off to take the bomb vessels in tow. We were two hours under the fire of the enemy's batteries, and the only damage received in this ship is a 34 pound shot nearly through the centre of the main-mast, 30 feet from the deck, main royal yard and sail ship away; one of our quarter-deck guns damaged by a 32 pound shot, which at the same time shattered a marine's arm. Two lower shrouds and two back stays were shot away and our sails and running rigging considerably cut; we must impute our getting off so well, to our keeping so near that they overshot us; and to the annoyance our grape shot gave them; they are however but wretched gunners. Gun boat No. 5, had the main yard shot away; and the rigging and sails of the brigs and schooners were considerably cut. Lieut. Decatur was the only officer killed; but in him the service has lost a valuable officer; he was a young man who gave a strong promise of being an ornament to his profession; his conduct in the action was highly honorable and he died nobly. The enemy must have suffered very much in killed and wounded both among their shipping and on shore. Three of their gun boats were sunk in the harbor, several of them had their decks nearly cleared of men by our shot, and a number of shells burst in the town and batteries, which must have done great execution. The officers, seamen and marines of the squadron, behaved in the most gallant manner. The Neapolitans in emulating the ardor of our seamen answered my highest expectations. I cannot but notice the active exertions and officer like conduct of lieutenant Gordon, and the other lieutenants of the Constitution. Mr. Harrison, the master, gave me full satisfaction, as did all the officers and ship's company. I was much gratified by the conduct of Captain Hall, and Lieut. Greenleaf, and the marines belonging to his company in the management of six long 26 pounders on the spare deck, which I placed under his direction. Capt. Decatur speaks in the highest terms of the conduct of lieutenant Thain, and midshipman McDonough of No. 4, as does captain Somers, of midshipmen Ridgely and Miller attached to No. 1. Annexed is a list of killed and wounded, and inclosed a copy of my general orders on this occasion. Killed—gun boat No. 2, Lieut. James Decatur. Wounded—Constitution, one marine. Do.—gun boat No. 4, captain Decatur, slight, one sergeant of marines, and two seamen. Do.—gun boat No. 6, lieut. Trippe, severely, one boatswain's mate, and two marines. Do.—gun boat No. 1, two seamen. Do.—gun boat No. 2, two seamen. Total—one killed & thirteen wounded. August 5th. We were at anchor with the squadron about two leagues north from the city of Tripoli, the Argus in chase of a small vessel to the westward, which she soon came up with, and brought within hail. She proved to be a French privateer of 4 guns, which put into Tripoli a few days since for water, and left this morning. I prevailed on the captain for a consideration to return to Tripoli, for the purpose of landing 14 very badly wounded Tripolitans, which I put on board his vessel with a letter to the prime minister, leaving it at the option of the bashaw, to reciprocate this generous mode of conducting the war. The sending these unfortunate men on shore to be taken care of by their friends, was an act of humanity on our part, which I hope will make a proper impression on the minds of the barbarians—but I doubt it. All hands were busily employed altering the
rig of the three prizes, from fallen vessels to sloops, and preparing for a second attack. Observed one of the enemy's schooners, the brig (two corsairs) in the harbor to be dismasted, was informed by the French captain, that the damage these vessels received in the action of the 3d, had occasioned their masts being taken out. The 7th the French privateer came out, and brought me a letter from the French Consul, in which he observed, that our attack of the 3d instant had disposed the Bashaw to accept of reasonable terms; and invited me to send a boat to the rocks with a flag of truce, which was declined, as the white flag was not hoisted at the Bashaw's castle. At 9, A. M. with a very light breeze from the Eastward, and a strong current, which obliged the Constitution to remain at anchor, I made the signal for the light vessels to weigh, and the gun and bomb boats to cast off and stand in shore towards the Western batteries, the prize boats having been completely fitted for service, and the command of them given to lieut. Crane, of the Vixen, Thorn, of the Enterprize, and Caldwell, of the Syren; the whole advanced with sails and oars. The orders were for the bombs to take a position in a small bay to the westward of the city, where but few of the enemy's guns could be brought to bear on them, but from whence they could annoy the town with shells. The gun boats, to silence a battery of 7 heavy guns, which guarded the approach of that position, and the brigs and schooners to support them, in case the enemy's flotilla should venture out, at half past 1 P. M. a breeze from N. N. E. I weighed with the Constitution, and stood in for the town, but the wind being on shore made it imprudent to engage the batteries with the ship, as in case of a mast being shot away, the loss of the vessel would probably ensue, unless a change of wind should favor our getting off. At half past 2, P. M. the bomb and gun boats having gained their stations, the signal was made for them to attack the town and batteries. Our bombs immediately commenced throwing shells, and the gun boats opened a sharp and well directed fire on the town & batteries within point blank shot, which was warmly returned by the enemy. The seven gun battery in less than two hours was silenced, except one gun—I presume the others were dismounted by our shot, as the walls were almost totally destroyed. At a quarter past 3, P. M. a ship hove in sight to the northward, standing for the town; made the Argus signal to chase—At half past 3 one of our prize gun boats was blown up by a hot shot from the enemy, which passed thro' her magazine. She had on board 28 officers, seamen and marines; 10 of whom were killed and 6 wounded. Among the killed were James R. Caldwell, first lieut. of the Syren, and midshipman John S. Dorsey, both excellent officers; midshipman Spence & 11 men were taken up unhurt.—Capt. Decatur, whose division this boat belonged to, and who was at her at the time she blew up, reports to me that Mr. Spence was superintending the loading of the gun at that moment, and notwithstanding the boat was sinking, he and the brave fellows surviving, finished charging, gave three cheers as the boat went from under them, and swam to the nearest boats, where they assisted during the remainder of the action. The enemy's gun-boats and gallies (15 in number) were all in motion close under the batteries, and appeared to meditate an attack on our boats; the Constitution, Nautilus and Enterprize were to windward, ready at every hazard to cut them off, from the harbor, if they should venture down; while the Syren and Vixen were near our boats to support and cover any of them that might be disabled. The enemy thought it most prudent however, to retire to their snug retreat behind the rocks, after firing a few shot. Our boats, in two divisions, under captains Somers and Decatur, were well conducted, as were our bomb vessels, by lieuts. Dent and Robinson. The town must have suffered much from this attack, and their batteries, particularly the seven gun-battery, must have lost many men. At half past 5 P. M. the wind began to freshen from the N. N. E. I made the signal for the gun and bomb boats to retire from action, and for the vessels to which they were attached, to take them in tow. The Argus made a signal that the strange sail was a friend. In this day's action No. 4 had a 24 pound shot through her hull; No. 5 had her lateen yard shot away; No. 8 a 24 pound shot through her hull, which killed two men. Some of the other boats had their rigging and sails considerably cut. We threw 43 shells, and about 500 24 pound shot into the town and batteries. All the officers and men engaged in the action behaved with the utmost intrepidity. At half past 6 all the boats were in tow and the squadron standing to the N. W. At 8 the John Adams Captain Chauncy, from the United States joined company. At 9 the squadron anchored, Tripoli bearing S. E. 5 miles distant. Gun boat No. 3 was this day commanded by Mr. Brooks, master of the Argus, and No. 6 by Lieut. Wadsworth, of the Constitution. Annexed is a return of our loss in this attack. Killed—Gun-boat No. 9, 1 lieutenant, 1 midshipman, 1 boatswain's-mate, 1 quarter gunner, 1 sergeant of marines, and 5 seamen. Do gun-boat No. 8, 2 seamen. 12 total.
Wounded—gun-boat No. 9, 6 seamen, two of which mortally. Captain Chauncy brought me the first positive information that any reinforcement was to be expected. By him I was honored with your letters of the 7th, 22d and 31st of May, informing me that four frigates were coming out under commodore Barron, who is to supercede me in the command of our naval forces in these seas, at the same time, appropriating my conduct, and conveying to me the thanks of the President for my services; I beg you, sir, to accept my warmest thanks for the very obliging language in which you have made these communications, and to assure the President, that to merit the applause of my country, is my only aim, and to receive it, the highest gratification it can bestow. Captain Chauncy informed me that the frigates might be expected every moment, as they were to sail from Hampton Roads 4 days after him; in consequence of this information, and as I could not bring the John Adams into action, she having left all her gun carriages for her gun-deck, except 8, on board the Congress and Constellation a day or two previous to her sailing, I determined to wait a few days for the arrival of Commodore Barron before another attack, when, if he should arrive, the fate of Tripoli must be decided in a few hours, and the Bashaw completely humbled. Had the John Adams brought out her gun-carriages, I should not have waited a moment, and can have no doubt; but the next attack would make the arrival of more ships unnecessary for the termination of the Tripoline war. I gave Capt. Chauncy orders to remain on the station, that we might be benefited by the assistance of his boats and men, as nearly half the crew of the Constitution, brigs and schooners, are taken out to man the bombs, guns and ship's boats when prepared for an attack. (To be continued.) Advertisement. To be SOLD, to the highest bidder, on a credit of twelve months, FIVE TRACTS OF LAND, belonging to the estate of Thomas Anderson, dec. viz.—One in Campbell county, of 400 acres, lying on both sides of the main road, out the branches of Beaver creek, this tract to be sold at least April Campbell court, being the 8th day of the month. One in Botetourt county of 180 acres, lying on Catabawa creek, this tract to be sold at least April Botetourt court, being the 11th day of the month; these two tracts to be attended by Mr. Anthony D. Bell, who is hereby fully authorized to act for the executors of the said dec. in view. One of 471 acres, one of 147 acres, and one of 50 acres, lying in Buckingham county, the two former on the waters of Rock Island creek, and the latter one on King's ferry road. These three tracts to be sold at least May Buckingham court, being the 14th day of the month. Bond with approved security will be required, to bear interest from the date, but if punctually paid the interest shall be remitted. NATHAN ANDERSON, Executor. Resides of W. A. Anderson, dec. Albemarle county, Feb. 18th, 1805. Notice. That Mr. Anthony D. Bell of Buckingham county, is hereby fully authorized to make sale of one TRACT OF LAND, in Patrick, containing 5000 acres, lying on Dan river—three little in Grayson county, lying on the waters of Little Reed Island creek, two of a thousand acres each, one of 300 acres; the said D. B. will attend at next April Grayson court for the sale of the said lands for cash on delivery. NATHAN ANDERSON. Albemarle county, Feb. 12th, 1805. WHEREAS Richard Spelman and Jonathan Polley, in the name of said Spelman (who is since deceased) did on the 20th day of October last, sell to me for a valuable consideration the Patent Rights for Windway Springs of the counties of, Cumberland, Buckingham, Campbell and Berkeley; also, Lingenberg and Mecklenburg and Parkers, which are yet all except Cumberland, legally vested in me under the date mentioned above; and whereas they had before sold Cumberland, and have since sold Campbell and Berkeley, there are no warn all persons from purchasing or making use of any of the privileges vested in the rightful patentee in all these counties except Cumberland—and at the same time to caution all persons from purchasing any of said county rights, except of their respective owners. LUMAN BISHOP. Richmond, Feb. 28, 1805. For Rent or Lease, A HOUSE on the Basin of the Canal, occupied for four or five years past by the subscriber as a retail Grocery, and is one among the best stands in the city for that business—For terms apply to Archelaus Hughes. Richmond, 2d March, 1805. BY virtue of a deed of trust executed to the subscribers by Mr. John Turner, the 11th July, 1804, to secure the sum of one hundred and sixty-seven pounds five shillings, due Mr. Wilshire M. Lewis, ex'r. of Francis Lewis, will be SOLD, for cash, on the premises, on Wednesday the 27th March next, two Unimproved Tenements In this city, nearly opposite the courthouse—One, one other TENEMENT, in said deed, opposite Rocketts warehouse, or so much thereof as will be sufficient to pay the aforesaid sum of one hundred and sixty-seven pounds five shillings, with interest thereon from the 21st day of Feb. last, together with the expenses attending the execution of said trust. Richard Adams, } Trustees. John Proctor, } Richmond, Feb. 25, 1805. FOR SALE OR RENT, A Valuable Blacksmith. CHARLES JOHNSTON. Richmond, March 1, 1805. NOTICE is hereby given to all persons having claims against the estate of the late Samuel Scherer, dec. to bring them forward on or before the first day of Sept. next properly proved—And all those indebted to the above estate either by bond, note or otherwise, are hereby requested to make immediate payment, as no indulgence can be given. Hannah Scherer, } Adm'rs. George Scherer, } Feb. 26th, 1805.
VIRGINIA ARGUS. RICHMOND: SATURDAY, MARCH 2, 1805. MR. PLEASANTS, ON an extra sheet of your newspaper of the 6th ult. is published the following Statement, viz: OPERATIONS OF THE ARMORY. Sum expended of the appropriation of last year, in manufacturing arms. Dolls. 38,997 10 Manufactory of arms, buildings, &c. 8,453 60 Within the last twelve months have been manufactured 2,307 muskets with bayonets complete—56 swords for cavalry, besides various other parts of fire arms, which are not yet completed. BY this statement it would seem, that 38,997 dolls 10 cts. were expended in the making of 2,307 muskets and bayonets, 56 swords, and various parts of fire arms; which is not the fact. The truth is, that the armory not being completed, nor furnished with all the utensils and appendages which that institution requires, a considerable part of the 38,997 dolls 10 cts. was applied to the making and procuring of numerous tools and apparatus, necessary for the various operations of making arms; and also to the purchase of bedding, &c. for the artificers of the said manufactory; all which articles being the furniture and appendages of the institution, are a part of the establishment itself; and their cost has no more relation to the cost of the arms made in the manufactory, than the cost of the ground for the site, and the expense of building the houses and machinery of the said works. And further, the statement which has been published, tends to make an impression, that the whole of the above sum of 38,997 dolls. 10 cts. was expended in the same year in which the said 2,307 muskets, &c. were made; whereas, the year in which the disbursement of that sum was made, commenced on the 1st October, 1803, and the year in which the arms were made commenced on the 1st December, 1803. As the great object of arming our militia depends upon the Virginia manufactory of arms which even now in its infancy, furnishes arms of a quality greatly superior to, and several dollars cheaper per stand, than any we have purchased; I have thought proper in this manner to correct (having examined authentic documents) the errors of a statement, which might tend to raise a prejudice, against the most important and most useful institution in our country. Those printers who have published the statement above alluded to, will render the public a service by publishing the foregoing also. From the Editor of the Enquirer. THE Editor of the Enquirer does not think it necessary to enter into a minute refutation of the strictures of Lucius. So far as they relate to any conclusions, which it has pleased him to draw from acknowledged facts, so far does he think the public mind equally competent with his own to estimate their merits; and to the impartial discernment of the public, he is not unwilling to confide them. He thinks for his own part that Lucius has in vain attempted to weave the subtlest veil of sophistry, to throw over his mistakes; In vain has he distorted or concealed the most simple facts, to make out certain specious charges against the Editor and the Author of the portraits; to prove to his readers, that whilst the one has violated the principles on which he promised to conduct his paper, the other has violated that respect due to the Virginia Legislature, by making out a charge of perjury against one of its members. The people will require little aid in seeing through these sophistries; and the flowing drapery of the style in which he has arrayed them, will not be sufficient to conceal their distortion. So far as these strictures relate to the mere conjectures of Lucius as to the motives of the author and series of circumstances in which the Editor has had his share, will he be satisfied when he is told, that they are the mere whims of his own productive ingenuity? Will he be contented with the most solemn assurances of the Editor, that these portraits were never designed to wound the feelings or character of Mr. *****; that there was not the most remote desire to circulate or confirm the suspicions of his political sentiments? Will he be satisfied, when he is even told that if there was a solitary feature in these portraits, over which the pencil paused with reluctant vigilance, it was the very paragraph to which he has confined his severest strictures; and that it was the irresistible suggestion of truth alone; it was the indispensable duty of throwing in this one feature to fill up the contour of the portrait; it was this only and not any illiberal spirit of criticism, no incitement of political rancour, which dictated the obnoxious paragraph? So far at least can the Editor, presume to declare, from his knowledge of the painter's character. If he knows any thing of that man, it is that he is a incapable as Lucius himself, of the un candid and dishonorable designs, which Lucius has ascribed to him. This is not the time for the Editor of the Enquirer to express his own opinion of the fidelity of these portraits, or of the character of their originals. They are all before the public, and he has little doubt, that the public will at last do ample justice to their merits. Richmond, Feb. 26th, 1805. FROM WASHINGTON CITY, February 25. HIGH COURT OF IMPEACHMENT. Friday, February 22. The Court opened at 10 A. M. Mr. Key, counsel for Judge Chase, addressed the Senate in a speech of about three hours and a half in length on the 3d, 3d and 4th articles, when the court rose for half an hour; at the expiration of which, Mr. Lee spoke for about two hours on the 5th and 6th articles—when the court rose at half after 4 o'clock.
Saturday, February 23. The Court being opened at 10 o'clock, Mr. Rodney read a few authorities. Mr. Martin then addressed the Senate from a quarter before 11 o'clock, until 3 o'clock, on the various points of law arising on the several articles of the impeachment. At 3 o'clock the sitting of the court was respited for half an hour, at the expiration of which Mr. Martin resumed his address, & continued speaking till 5 o'clock; when he stated, that having taken no refreshment since early in the morning, he felt exhausted, and requested an indulgence until Monday, to conclude his remarks. This was granted, and the court immediately rose. The following is the address delivered by Judge Chase to the court on his retiring. MR. PRESIDENT, The state of my health will not permit me to remain any longer at this bar. It is with great regret I depart before I hear the judgment of this honorable court. If permitted to retire, I shall leave this honorable court with an unaliased confidence in its justice; and I beg leave to present my thanks to them for their patience and indulgence in the long and tedious examination of the witnesses.—Whatever may be the ultimate decision of this honorable court, I console myself with the reflection that it will be the result of mature deliberation in the legal testimony in the case, and will emanate from those principles, which ought to govern the highest tribunal of justice in the United States. RICHMOND ACADEMY LOTTERY. Fourteenth Day's Drawing. Prize of 1000 Dolls.—No. 1028. Prizes of 500 Dolls.—Nos. 2109, 918. Prizes of 100 Dolls.—Nos. 1316, 1747. Prizes of 12 Dolls.—Nos. 1681 856 2251 3071 712 384 883 548 3403 802 3521 3179 2537 2632 2417 222 2300 5136 656 1594 3701 2882 3195 3025 10 1860 1010 1645 448 2551 3573 3070 599 5401 2945 608 3405 216 469 44 359 2267 3435 139 3635 2565 7315 577 254 3628 648 688 394 5344 753 844 1842 1429 3851 3062 442 3279 672 483 2729 2758 1408 2924 2925 3503 559 984 2633 78 832 1647 1337 3717 207 2575 1503 390 3599 1400. Tickets raised to 1 1/4 dollars. LEXINGTON LOTTERY. First Day's Drawing. 200 tickets drawn this day (ch. 12.) Prize of 500 dolls.—No. 3954. Prizes of 30 dolls.—Nos. 289 97 3048 3630 4575. Wheel's gain 350 dollars. In consequence of a few tickets which remain unsold, the managers have deferred the drawing of any more numbers until the 5th of March. CATHOLIC CATHEDRAL CHURCH LOTTERY, BALTIMORE. Thirty-Fourth Day's Drawing. 500 tickets drawn this day. Prizes of 1000 dolls.—Nos. 1600 5145 3351 19512 15264 16810. Prizes of 50 dolls.—Nos. 88 7924 7948 9760 13365 15035 19488 19614 20322. Prizes of 25 dolls.—Nos. 3083 5149 6335 8069 10943 15527 16314 16731. 54 of 20 dollars and 110 of 15 dollars. Gain of the wheel this day 1053 dolls. Thirty-Fifth Day's Drawing. 500 Tickets were drawn this day. Prize of 1000 dolls.—No. 4417. Prizes of 100 dollars.—Nos. 4377 6747 8035 11737 13623 16452. Prizes of 50 dollars.—Nos. 9094 9265 9266 12347 13431 380 963 7711 15452 9260. Prizes of 25 dollars.—Nos. 6962 10572 11665. 64 of 20 and 105 of 15 dollars. FOURTH OF MARCH. TICKETS to the festival at the Eagle Tavern, may be had of the following gentlemen, who have been appointed a committee of arrangement by a public meeting of Republican Citizens held at the Capitol. Gen. Mosely, Major Wm. Price, J. H. Foushee, Wm. Goodwyn, A. M'Rae, Thos. L. Preston, Jn. Clarke, Henry L. Bocoo, Lewis Havie, Wm. Brown, Sam. Pleasants, jr., Gervas Storrs, Benjamin Tate, Joseph Selden, Robert Mitchell, George W. Smith. To the Freeholders of this County of Elizabeth City, Warwick & York. GENTLEMEN, MR. Saunders, who has very ably and respectably represented us in the Senate several years past, having declined taking a seat there again; I presume to make you a tender of my services, and to solicit your countenance and support at the approaching election. Personal applications on occasions of this kind, I have ever held improper; and am persuaded would not, at this enlightened period, have weight, or in any degree conduce to the accomplishment of my object; they therefore will not be made. My political sentiments are known to be in harmony with those of the great republican majority of the district; my interests are certainly inseparable from yours. With great candor I profess myself a warm friend to the perpetual union of the states, a sincere admirer of our excellent federal constitution, and am perfectly satisfied with our present national administration. I am neither an Englishman or a Frenchman a politician; nor will I ever yield myself up, implicitly, to any party. Should you, by your suffrages, entitle me to a seat in the legislature, I will anxiously endeavor to show your confidence has not been misplaced, by serving you as well as my mental acquirements will enable me, faithfully and assiduously, as a real American. I am, with great respect, Gentlemen, your ob't h'ble serv't. W. GOOSLEY. 23d Feb 1805 A few Tickets in the RICHMOND ACADEMY LOTTERY, (now drawing) for sale at this office.—Price $ 1 1/4.

BROKER'S OFFICE. THE SUBSCRIBER HAS Opened a Broker's Office, Opposite the Union Tavern, and over the Count- ing-house of Thomas and Amos Ladd. All bus- iness confided to him will be transacted with strict fidelity. THOM. NORVELL. Richmond, October 3, 1804.
NOTICE. We the undersigned, partners in the late con- cerns of Buchanan, Dunlop & Co. at Peters- burg, Robert Pollok & Co. at Richmond and of Dunlop, Pollok & Co. at Manchester, have sold to Mr. James Dunlop, our late partner in said concerns, the debts now due to and outstanding against those different establishments—those interest- ed will therefore please to take notice, that here- after payments are to be made only to the said Mr. James Dunlop, his attorney or attorneys, and to whom those having claims against those concerns will apply for payment. David Buchanan, (Jm) By Robert Pollok his attorney, Robert Pollok. Virginia, Petersburg, Dec. 6, 1804.
J. Tompkins Respectfully informs those concerned, that he has removed the books and papers of the late concerns of Robert Pollok & Co. and Dunlop, Pollok & Co. to a new brick house near the bar- ber, and directly opposite to the sale-house, where he has for SALE , a few pipes of Old Cogniac Brandy, Of superior quality. CASH will be given for Twelve or Fifteen BOYS, From 7 to 13 years old.—Enquire of the Printer.
NOTICE. ALL persons indebted to the late firms of Buchanan, Dunlop & Co. Of Petersburg; Robert Pollok & Co. Of Richmond; and Dunlop, Pollok & Co. Of Manchester, Are hereby notified that James Dunlop, late a partner in the above concerns, has become pur- chaser of the outstanding debts; they will there- fore be pleased to make payment to Mr. John Tompkins, residing in Richmond, or the subscri- ber, residing in Petersburg; who alone is au- thorized to make collections and grant discharges. Suits will be indiscriminately commenced a- gainst all who do not make payment before the first of February next. JOHN DUNLOP, Attorney for James Dunlop. Petersburg, Nov. 15, 1804.
RICHMOND ACADEMY LOTTERY. NOTICE is hereby given, that the drawing of the said Lottery will commence on this day, and be continued on Tuesdays and Sat- urdays by drawing from fifty to five hundred num- bers, until the whole is completed. All tickets not sold and delivered before this day will be considered as held on account of the Trustees of the Academy; and the agents for selling them are earnestly requested to remit ei- ther the money, or the tickets committed to their disposal, to the commissioner from whom they were received. Those who have purchased tickets on a credit, will be pleased to reckon from this day. If the days of drawing and the number to be drawn shall be increased, public notice will be given of the same. The prizes to be paid in sixty days after the drawing is completed. It is hoped that the tickets remaining in the hands of the commissioners will be readily bought, by those who are well wishers to the proposed A- cademy; or who wish to see in the neighborhood of this city the beginning of a great National U- niversity. The committee appointed for that purpose have already purchased about 12 acres of ground, a little more than a mile from town, in an eligible situation, and the necessary build- ings will be begun as the ensuing spring. On behalf of the trustees, Robert Middlesex, Robert Pollok, appointed Alexr. Stuart, to super- Wm. Price, intend the G. Tucker, drawing. Richmond, January 14, 1805.
THE Subscriber hath removed his SCHOOL from the Falling Garden o- ver to the white house near the Courthouse, where Messrs. Cohen & Isaacs formerly kept store.— He will continue to teach Reading, Writing, Ar- ithmetic, Grammar and Geography ; he will also teach Book-keeping , and several branches of the Mathematics , if required.—This price of tuition will be made known on application. JNO S. PLEASANTS. 15th Nov. 1804. * * * All kinds of MATTRESSES for Sale—Also, old ones worked over. I.S.P.
To John Magee, A person not residing within the common- wealth of Virginia, and having no known agent or attorney therein— TAKE NOTICE, that by virtue of a commission issuing out of the court of chancery for the district of Richmond, in a suit depending in the said court, wherein I am plaintiff and you are defendant, the depositions of John Gray, John Woodson and Chapman Stewart, and sundry o- ther witnesses will be taken at the shop of Na- thaniel Dandridge, near his dwelling house, in the county of Hanover, on the twentieth day of March next, and if necessary, the said com- mission will be adjourned over to the 21st and 22d day of that month; the depositions so to be tak- en, to be read in evidence in the said cause. John Harris. Feb. 7, 1805.
Notice. THE subscribers having put an end to their retail business, request the debtors to this firm to come forward, without loss of time, to have their accounts adjusted, and to pay what may be due; as great indulgence has been already given, further indulgence, reasonably expected— George McCrele will attend at this place, for the purposes of settling the accounts, and receiv- ing payment. Those who do not pay, or give satisfactory assurance of paying soon, must blame themselves if suits are instituted against them. LYLE & MCCRELE. Manchester, Feb. 4th, 1805.
BY virtue of a deed of trust execu- ted to the subscriber by James Ferguson, of the county of Buckingham, for the purpose of securing a debt due to Brown, Murphy & Co. for the sum of seventy-five pounds five shillings and eight pence, with interest thereon from the twen- ty-third day of April, eighteen hundred and three, and the expenses attending the execution of this trust—Will certainly be SOLD , to the highest bidder, for ready money, on Saturday the twen- ty-third day of February next, on the premises, at the house of the above named James Fergus- son, in the aforesaid county of Buckingham, A CERTAIN TRACT OR PARCEL OF
LAND, Containing six hundred and seventy-four acres, and bounded by the lands of George Burks, sen. Joseph C. Miggins, Joseph Cobell, and Col. Smith—Also, a bay Mare, a yoke of Oxen, nine head of Cattle, and a Feather Bed, or so much thereof as may be sufficient to discharge the a- bove debt, &c. Will also be sold, at the above mentioned time and place, to the highest bidder, for the best price that can be obtained, in ready money, One Negro Woman Slave, Named Pat, and her increase, if any, since the executing this trust—by virtue of a deed of trust executed to the subscriber by George Burks, jr. for the purpose of securing a debt due to Brown, Murphy & Co. for the sum of one hundred and forty-seven pounds two shillings and two pence, with interest thereon from the twenty-fifth day of April, eighteen hundred and three, or so much thereof as may be found due. John Higginbotham, trustee. Amherst, 16th Jan. 1805.
BY virtue of a deed of trust execu- ted to the subscriber by Benjamin Burton, of the county of Buckingham, for the purpose of securing a debt due to Rives, Murphy & Co. for one hundred and sixteen pounds three shillings, with interest thereon at the rate of six per cent per annum, from the twenty fourth day of De- cember, eighteen hundred and two, and the ex- penses attending the execution of this trust—Will certainly be SOLD , to the highest bidder, for ready money, on Monday the eleventh day of March next, at Buckingham Courthouse, it be- ing court day, A CERTAIN TRACT OR PARCEL OF LAND, Lying in the county aforesaid, on the waters of Muddy creek, and bounded by the lands of Na- thaniel Burton, Jesse Burton, Matthew Robert- son and Edward Macey, containing by estimation three hundred and fifteen acres. Daniel Higginbotham, trustee. Amherst, 16th Jan. 1805.
BY virtue of a deed of trust executed to the subscriber, by Edward Gaither Clarke, dec. and Molly his wife, which deed bears date the 29th of October, 1799, and is recorded in Henri- co office, to secure a sum of money, due to Byrd George, of Henrico county, will be exposed to SALE , to the highest bidder, for cash, on the premises, on Saturday the ninth day of March next, the
Tract of Land, In Henrico county, on which the said Clarke re- ided for some time previous to his death. This land is situated below the city of Richmond, on Boarswamp, immediately on the stage road, lead- ing to Williamsburg. The tract contains by sur- veys made by John Williamson, county surveyor of Henrico county, 327 acres, the land to be re- ceived by the purchaser, be the quantity more or less. About 45 acres of the land are cleared, there are a tolerable dwelling house and out hous- es and a small orchard on the land. The sale will commence at 12 o'clock. PHILIP NORBORNE NICHOLAS, January 23d, 1805. Trustee.
THE Sheriff of the counties of Princess Anne, Norfolk and Nansemond, composing a dis- trict; of the counties of Buckingham, Albemarle, Amherst and Fluvanna, composing another dis- trict; of the counties of Elizabeth City, War- wick and York, composing another district; of the counties of Bedford, Campbell, Hen- ry, Pittsylvania, Patrick and Franklin, composing another district; of the counties of Westmoreland, Stafford, and King George, composing another district; and of the counties of Accomack and Northampton, composing another district; which several districts constitute the Class No. 4, of the Senate of Virginia, will please to take notice, that an election in rotation is to be held, on the several court days of the said counties, in the month of April next, for the choice of a Senator to represent each of the districts above mention- ed, in the General Assembly, for four years next ensuing. THEO: HANSFORD, C. S. February 1st, 1805.
Private Entertainment. THE subscriber has taken a lease of five years, for the well known and commodious house in the city of Richmond, long occupied by Mr. Rich- ard Crocus, which is situate on the street leading from the main street by the Governor's, and is near the vendue store of Prosser and Moncure. He is provided with an excellent stable, which shall be constantly supplied with forage of the best quality, where he will receive Horses at Li- very, and the utmost attention shall be paid to those horses which may be committed to his care. The long experience which the subscriber has had in this kind of business, and the general sa- tisfaction which he has given to those who have favored him with their custom at Manchester and other places, authorizes him to hope, that he will not only continue to receive the patronage of his former friends, but likewise the countenance and favor of the public at large. He also proposes to take in about 20 BOARD- ERS, on reasonable terms, and begs leave to as- sure those who may favor him with their patron- age, that every attention and exertion shall be used to give entire satisfaction. And the sub- scriber also offers his services to sell horses on commission—In all cases where he may be em- ployed to do so, he will charge the owner no more than the actual cost for the support of such horses. PETER MOSELEY.
THE IMPORTED HORSE, PRECIPITATE, Will stand at my place to be let to mares the next season. THOMAS GOODE. Chesterfield county, Appomattox river, Nov. 27, 1804. FOR RENT, The large white House, At Rocketts, formerly occupied by Mr. William Fenwick, and afterwards by Mr. Braxton Crad- dock. For terms apply to Gallego, Richard & Co. Foolscap & Letter Paper For sale at this office.
Lands, Lots, and Canal Shares FOR SALE.
ON Monday, the twenty-fifth day of March next, will be exposed to public sale, at the Eagle Tavern, in the city of Richmond, in order to close the mercantile concern of Buchanan, Dun- lop & Company, the following tracts of Land, &c. viz. A certain tract of Land, situated in the county of Campbell, on the branches of Cub creek and Falling river, containing 2,500 acres, bounded by the lands of Hughes and M c Reynolds. Also, another tract of Land in the same county, on the waters of Beaver and Possum creeks, con- taining 450 acres, by a late and accurate survey, and including part of what is called Cooper's mountain. Also, Another tract of Land in the said county, on the branches of Possum, Rock- castle and Flat creeks, containing 350 acres, and bounded by Stevenson's, Chandler's and Martin's lands. Also, Another tract of Land in said coun- ty, containing 870 acres, on the head branches of the south fork of Falling river, and upon the south east side of Long mountain, and bounded by Onshy's, Forbes's and Smith's lands. Also, Another tract of Land in said county, containing 90 acres, on the head branches of the south fork of Falling river, on both sides of the main road, and bounded by the Long mountain and Richard Smith's land. Also, Another tract of Land, situa- ted on the western branches of Buffalo creek, in the county of Campbell, containing 350 acres, and commonly known by the name of Turner's place; deed in the hands of John Dabney. Also, A tract of Land, situated in Pagan county, North Carolina, containing 94 1/2 acres, sold under an execution against Duncan Rose, jr. and pur- chased at the marshal's sale at Raleigh, North Carolina, as per deed to John Tompkins, made by the marshal, recorded in Pagan county court; deed remains in the office. Also, A tract of Land in Patrick county, Virginia, on the head waters of South Mays river, containing 1020 acres, more or less, as per deed from John Hughes, to Buchanan Dunlop & Co. recorded in the county court of Patrick, at February court, 1800. A considerable part of this tract is rich low grounds. Also, Lots No 4 and 5, each half acres, situated on the main street in the town of New London, on which are a store and dwell- ing house. Also, Lots No 45 and 46 in said town, containing 5 acres, adjoining the above half acre lots, whereon a barn and other out houses now stand. Also, Lot No. 41, situated in said town, containing 11 acres, and No. 42 and 43, containing each 8 acres. Also, A tract of Land adjoining the above lots, containing 200 acres, which land Thomas Ridd purchased of Pamela Crump, as will appear by the deed of indenture, recorded in the district court of New London; deed of the lots and last mentioned tract of land in the hands of John Dabney. AT THE SAME TIME & PLACE WILL BE SOLD, 5 Shares in the Upper Appomattox Canal Company.
A further description of the lands and lots is deemed unnecessary, as those inclined to purchase will of course view them. Mr Thomas Read will show the lands in Campbell county and the lots in New London—Mr Duncan Rose, jr. the lands in Pagan county, and Mr Samuel Staples that in Patrick county, and the deeds may be seen on application to Messrs Prosser and Moncure of Richmond. On the lands and lots a credit of 18 months will be given, and on the Canal Shares a credit of 12 months, the purchaser giving bond with approved security to carry interest from the date, if not pointedly paid. At the same time and place, & upon the same terms, will be sold, another tract of Land, in Campbell county, containing 400 acres. David Buchanan, By Robert Pollok, his attorney, John Dunlop, Attorney for James Dunlop Robert Pollok.
Valuable Property for sale. WILL BE SOLD, to the highest bidder, on the premises, on the third day of April next, at 12 o'clock, an undivided moiety in the two LOTS OF GROUND, formerly the property of Andrew Rowald, dec. fronting the basin of the James River Canal, near the centre of the city of Richmond, with an undivided moiety of all the valuable buildings thereon, consisting of a large three story brick building, eighty feet in length, with four separate tenements, eighty feet in length, with four separate tenements, twenty feet wide and forty-five feet in length, with fire places on the first and second floors, roomy gar- rets in each, with large wheels fixed for hoisting and lowering packages, &c., with dispatch and ease, good dry cellars with fire places in each; this house has been lately built and in good re- pair; adjoining is a well finished two story fam- ed dwelling house, sixty-eight feet square, with two good cellars, with fire places in each for cooking—in this house on the first and second floors are eight rooms and six fire places—also, a small two story Brick House with four rooms, with fire places in each, convenient for a store or small family—Likewise, a small Wooden Building, with a cellar built for a kitchen, and may be used as a shop—Also, two Stables and a Carriage House. The buildings except the kitchen, stables and carriage house are insured in the mutual insurance company against fire in the state of Virginia, and the premiums paid; the loss from the basin on one side, and are bounded by Cary's street and the cross street leading to shock- are convenient for commercial or other busi- ness as any in the city. The terms of sale will be seventeen thousand dollars in ready money, the residue payable the fifth day of August next, for which residue bond with approved security will be required. It is deemed unnecessary to state the great value of the above property to those who reside in this city, but for the information of strangers, the subscriber begs leave to state that the aforesaid property is immediately opposite the lower part of the basin of the James river canal, where all the produce of the upper country is landed, and to any person desirous of carrying on the commission business extensively, perhaps is superior to any other place in this city. William Austin. Richmond, 4th February, 1805.
THE subscriber wishes to sell for cash, or on credit til the first day of January next, the Two Brick Tenements, Adjoining the house of Mr. Benjamin Mosely. JOHN PENDLETON. City of Richmond, Nov. 19th, 1804.
THE SUBSCRIBERS OFFER FOR SALE Their PLANTATIONS In the county of Chesterfield, lying on both sides of the main road leading to the town of Man- chester and distant therefrom about 12 miles, and about 16 from Goose's bridge. The two tracts adjoin each other and contain about 339 acres— this land is well watered, being bounded by Falling creek, and has a few acres of excellent meadow ground; on both tracts there are good build- ings and such as would accommodate two fami- lies; there is also a good orchard. For terms and viewing the premises apply to either of the sub- scribers. William Eaker, James Baker. Chesterfield, Feb. 23, 1805.
FOR RENT, The large white House, At Rocketts, formerly occupied by Mr. William Fenwick, and afterwards by Mr. Braxton Crad- dock. For terms apply to Gallego, Richard & Co.
Foolscap & Letter Paper For sale at this office.
For Sale for Cash.
BY virtue of a deed of trust execu- ted to the subscriber by Achilles Rogers to Brown, Watson & Co. as also a debt due to William Brown & Co. will be exposed to PUBLIC SALE , at William Alcock's Tavern, in the town of Charlottesville, on the first Mon- day in March next, it being Albemarle court day, A certain Tract of Land, Belonging to said Rogers, lying in said county, situate on both sides of Piney run, and adjoining to the foot of the south side of Buck mountain, being part of the land sold agreeable to last will and testament of Giles Rogers, dec. and con- taining by estimation 284 3/4 acres—Also, one other TRACT OF LAND, adjoining the afore- said one on the north side, containing by survey 135 acres, it being a tract which said Rogers has some time since had taken up and surveyed, the works of which are lodged with the Register of the Land-Office, but no patent as yet taken out. D. CAMR, Trustee. Charlottesville, 1st Feb. 1805.
FOR SALE, On a credit of 18 months, at the Eagle Tavern, on the 25th of March ensuing, A certain Tract or Parcel of Land, Lying in Patrick county, on Mayo river, con- taining 550 acres more or less; being that tract formerly owned by John Spencer, and sold by virtue of a deed of trust, for the benefit of Dunlop, Pollok, & Co. Col. George Penn of Patrick, will show the land to any person disposed to pur- chase. An undoubted title with general warrant- tee, will be made the purchaser, on payment of the money—Undoubted security will be required. PROSSER & MONCURE, V. M. Richmond, Feb. 12th, 1805.
A TAN-YARD,
TO LET, On a lease of 5 years, that very valuable TAN- YARD, situate on the main street of this city of Richmond, in an eligible and well accustomed stand for the Tanning and Currying business, having been long occupied by the late Mr. Jacob Bock- ius, and possessing conveniences superior to any in this city, viz:— A large Currying Shop, Cellar and Drying Loft, adjoining the main street to a spacious Bark House on a street that leads from the main street to the basin of the canal; two Bark Mills and Houses; a large Beam House and Pools, Limes, Bears, Handlers and Vats, sufficient for the tanning of from 2500 to 3000 hides a year, ex- clusive of skins—Also, on same tenement, a con- venient dwelling house, smoke house, stable, carriage house and garden, all in good repair— The lease may be accommodated with about sixty corals of excellent Red and Black Oak Bark now in the bark house, at a fair price. Proposals for the above will be received by ei- ther of the subscribers in all this month, and if not leased within the same, will be let at Public Auction, at the Vendue Office of Messrs Prosser & Moncure, on the 15th of March next, to the highest bidder. Bond and approved security will be required (of the lessee) and possession given on or before the first day of April next, of the bark house, bark mills, beam house, limes, pools, beats, handlers, and a part of the vats; and of the dwelling house and residue of the tenement, on the first day of June. BENJAMIN TATE, } Executors. JOHN PROSSER, Richmond, February 9th, 1805.
The subscriber has again to request the favor of those having claims against the estate of the late Jacob Bockius, to bring them forward im- mediately for payment; and those indebted to said estate will please make payment immediate- ly, or suits will be instituted. JOHN P. OSSER, Exr. Of Jacob Bockius, dec. Richmond, Feb. 9th, 1805.
For Sale, for Cash.
BY virtue of a deed of trust execu- ted by John Carter Littlepage, to Robert White, to secure the payment of £500 with interest and costs, for the benefit of Eliza Perkins, will be SOLD, for ready money, on Thursday, the 14th of March next,
A Tract of Land,
Lying in the county of Hanover, containing two hundred and seventy-five acres, being the tract whereon the said Littlepage now resides.—Also, at the same time and place, and on the same terms, will be sold, the following NEGROES, to wit: Peter, Lucy, Scotland, Johnny & Charles. Thomas Starke, Samuel Richardson, } Trustees. February 14, 1805.
FOR SALE,
TWO LOTS, HANDSOMELY situated in the town of New Can'ton, on James river; on both are new and well built dwelling houses and of- fices; on one an excellent garden well enclosed, and the other containing one acre, with a good post and rail-fence.—For further particulars en- quire of Messrs. William Anderson and James Rea of said place, who are legally authorised to sell and convey the same. ROBERT HILL. New York, 1st Feb. 1805.
WILL BE SOLD,
At Public Auction, on Saturday the 20th day of April next, at the Rawleigh tavern, in the city of Williamsburg, that valuable plantation, called YARMOUTH, Lying in James City county, on Chickahominy river, ten miles from Williamsburg. The im- provements are, a two story brick house with two rooms and a passage above and below, porticoes on each side, a large and capacious barn, and 3 other out houses. The whole tract including an island in view of the house, high and low land, with marshes, contains about 2700 acres, scarce- ly one third of which is cleared. Two thirds of the island is arable, which, with the land adjoining the houses, is of superior quality. Adjacent to the island are two bold and navigable creeks with a convenient landing to each. The range for cattle is very extensive and the marshes and meadows will supply an abundance of hay. Fish and fowl, in their respective seasons, may with ease be obtained at your door. The orchards, consisting of the greatest variety of all kinds of fruit selected with care, are now in their prime. The terms of sale are one third cash, the balance in one, two and three equal annual pay- ments. PEYTON RANDOLPH, Jr. For ELIZ: INNIS. Nov. 18th, 1804.
A HOUSE, to Rent,
AT THE FALLING GARDEN. Enquire on the premises, of JAMES LOWNES. 2d mo. 23d, 1805.
MAP OF VIRGINIA:
PROPOSALS, FOR PUBLISHING BY SUBSCRIPTION, A MAP OF VIRGINIA, FORMED FROM ACTUAL SURVEYS, AND THE LATEST AS WELL AS MOST ACCU- RATE OBSERVATIONS. BY JAMES MADISON, D. D. PRESIDENT OF WILLIAM & MARY COLLEGE.
To which will be added, A MAP of the greater part of the state of Ohio, from actual surveys, including the whole of the Virginia military tract—with all that part of the state west of the Ohio river, to the Indiana boundary line. The north-east corner of the Map will be or- namented with an interesting View of the City of Richmond. The size of the MAP will be five feet six inches in length, and three feet eight inches in breadth. An ingenious and skilful engraver is engaged to execute the work, in a style not inferior to any similar work in the United States.
CONDITIONS. The price to subscribers will be eight dollars, nearly mounted, colored and glazed—One dollar, (to lighten the great expense of publication,) to be paid on subscribing. To non subscribers, the price will be ten dollars. [COPY RIGHT SECURED]
In offering the above work to the public, the proprietor is sensible that excellence is not of- ten attainable; but with candor and truth, equal- ly remove from arrogance and partiality, they can say, that they conscientiously believe it has a just claim to the confidence and patronage of the people. A Map of Virginia has been long and anxiously looked for: None has been published, on the plan of the one now offered, for many years. The labor, expense, and apparent difficulties, in accomplishing so interesting a work, have de- terred several from the arduous undertaking. The proprietors, finding that most of the other states had recently given encouragement to similar pro- ductions, and entertaining a high sense of the real dignity and importance of Virginia, embarked in the business, from a well-grounded belief, that the magnitude and utility of the work, would in- sure, if accomplished, a remuneration. And while Virginia is powerfully stimulated with the love of science and virtue, they hope and believe she will view domestic productions, which prove pre-eminently useful, with a generous pride. Those gentlemen who take subscription papers, are requested to return them to the subscriber, in Petersburg, by the first day of May. The maps will be ready for subscribers in the course of the ensuing summer. (15A) WILLIAM PRENTIS.
* Subscriptions received by S. Pleasants, jun. and others, with whom subscription papers are lodged.
IN pursuance of a deed of trust, from Thomas H. Drew to Carter H. Harri- son, bearing date the 10th of December, 1787, will be SOLD, at Public Auction, at Fowler's Tavern, in Cartersville, for ready money, on the 9th of March next,
A Tract of Land,
Containing 1500 acres, be the same more or less, lying in the county of Campbell, on the branches of Hill's creek, now in the possession of Mr. Philip Payne, who will show the land to any person disposed to purchase. Under an impres- sion that those who wish to purchase will view the premises, it is deemed unnecessary to say much of the quality; suffice it to say, that it is esteemed a very valuable tract, great part of it capable of producing excellent tobacco. ROBERT C. HARRISON, PEYTON HARRISON, Exrs. of Carter H. Harrison. Feb. 12th, 1805.
Notice.
TO facilitate to claimants under the 7th article of the treaty with Great Bri- tain the receipt of the third installment due on the 15th July next, in instances, in which they have not constituted the public agent in London, their special attorney, it has been thought proper to draw to the United States all such monies of the above description as may not be drawn from him by the individuals themselves prior to the 1st of September next. The agent is accordingly in- structed to cease paying them after that date; but after the 1st of November next, they will be again payable at the city of Washington, to those who have right, or to their attorneys duly author- ised. Department of State, Feb. 4, 1805. * Note. The Printers of the Laws of the U- nited States are requested to insert the above four times in their gazettes. Feb. 13. 4t
WILL BE SOLD, FOR CASH,
By virtue of a deed of trust executed to the sub- scriber by Robert Martin, to secure the pay- ment of a debt due to Brown, Rives & Co. at the dwelling house of said Martin, on the 11th day of March next,
One Negro Man,
By the name of Will—one Grey and one Sorrel Mare, and one Bay Horse, in discharge of said debt. David Higginbotham Milton, Feb. 15th, 1805.
WILL BE SOLD, FOR CASH,
At the dwelling house of Lewis Carroll, on the 9th day of March next, one Hoane MARE and her COLT—three head of COWS —four head of SHEEP—three feather BEDS and FURNITURE—one CUPBOARD, eight CHAIRS—one TABLE—Also, crop of FOD- DER, CORN and TOBACCO—by virtue of a deed of trust executed to the subscriber by said Lewis Carroll, to secure the payment of a debt due to Brown, Rives & Co. Martin Dawson. Milton, Feb. 15th, 1805.
BY virtue of a deed of trust execu-
ted from Charles M. Gilliam, to the sub- scriber, bearing date the eighth day of February, 1804, to secure a debt due to J. & E. Cunning- ham, will be SOLD, to the highest bidder, at Public Auction