Virginia Argus (Richmond, Va.), 1807-09-26 00:00:00

VIRGINIA ARGUS.
[XVth YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1592.]
RICHMOND:—PRINTED (ON WEDNESDAYS AND SATURDAYS) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
[Four Dollars Per Annum—paid in Advance.]
SATURDAY, SEPTEMBER 26, 1807.
12 1-2 Cents Single.
LOAN OFFICE, State of Virginia, June 8, 1807.
NOTICE is hereby given, That in conformity with the provisions of the act supplementary to the act, intitled "An act making provision for the redemption of the whole of the public debt of the United States," books will be opened at the office of the commissioner of loans for the state of Virginia on the first day of July next, to continue open until the seventeenth day of March, 1808, inclusively, the fourteenth last days of each quarter excepted, for the purpose of receiving subscriptions for such parts of the old six per cent. deferred stock as may, on the day of subscription, stand on the books of the said commissioner of loans.
Those proprietors of the old six per cent. and deferred stock, who may subscribe, will receive in lieu thereof a new six per cent. stock, equal to the unredeemed amount of the stock surrendered, redeemable at the pleasure of the United States, under a proviso however, that no reimbursement shall be made except for the whole amount of any such new certificate of stock, nor till after six months previous notice: and the proprietors of the three per cent. stock who may subscribe, will receive in lieu thereof, a six per cent. stock, equal to sixty-five per cent. of the amount of three per cent. surrendered, redeemable in the same manner as the new six per cent. abovementioned, but not reimbursable however, without the assent of the holders, until after the whole of the new six per cent. (given in exchange for old six or deferred as abovementioned) as well as the whole of the eight per cent. stock of the United States, shall have been reimbursed. It is also provided that in every reimbursement which may take place, a preference will be given to those creditors who may notify their wish to be reimbursed; and that if the applications to that effect shall at any time either exceed or fall short of the sum then applicable to that purpose, the priority of payment shall, so far as may be necessary, be determined by lot.
The present stockholders who reside in any part of Europe, and may assent to that modification, may, at their option, receive the interest accruing on the new stock, either in the United States as heretofore, or in London, or Amsterdam, at par: in which last case the interest will be paid there by the bankers of the United States, six months subsequent to the day on which the same would be payable in the United States and subject to no variation; nor to any other deduction than a commission to the bankers, of one half per cent. on the interest thus paid.
JOHN PAGE, Commissioner of Loans.
  Proprietors of 1000 dollars nominal six per cent. stock, subscribed before the 1st October, 1807, will be entitled to receive, 649 62 of new six.   of subscribed between the 1st October, and 31st Dec. 1807, 644 37   If subscribed between the 1st January and 17th March, 1808, 619 02   Proprietors of 1000 dollars nominal deferred, subscribed before the 1st October, 1807, will be entitled to receive, 855 78   If subscribed between the 1st October, and 31st Dec. 1807, 853 62   If subscribed between the 1st January, and 17th March, 1808, 831 42   Being the unredeemed amount of the old stock on the 1st July, and October, 1807, and 1st January, 1808, respectively.   Proprietors of 1000 dollars three per cent. stock will be entitled to receive 650 dollars of new six. 
J. P. Com'r. Loans.
WILL BE SOLD, On October Cumberland Court day next, on a credit of one and two years. A TRACT OF LAND, Containing about four hundred and fifty acres, lying on the branches of Willis's river in said county of Cumberland, which was conveyed in trust to secure a debt due by James, Thomas and Francis Deane to William Mewborn. This land adjoins Col. Benjamin Wilson and Long-horne (Watson), and formerly belonged to Edward Ferragus, from whom the said James Thomas and Francis Deane purchased. The purchaser will be bound to give bond with approved security, payable with interest from the day of sale. William Mewborn, Jr. Com'r's. Wm. M. Thornton, { Samuel Anderson, { 20th Sept. 1807. his
Drugs & Medicines. Daniel Wm. Sackerider & Co. Have this day opened a general assortment of DRUGS & MEDICINES, And a great variety of valuable PATENT MEDICINES, which they are determined to sell on reasonable terms. DANIEL WM. SACKERIDER offers his services to the citizens of Richmond and its vicinity as a practitioner of Physic, Surgery, &c. &c. He has every reason to believe his professional services will be satisfactory to those who will honor him with their confidence. Richmond, July 20th, nearly opposite Dock. For Sale at this Office.
Circuit Court.
OPINION of the COURT—Delivered on
FRIDAY, September 18.
TWO questions arise from the present motion.
1st. Is the judge who composes this court, either as a court or as a magistrate, authorized to commit any person for trial in the Mississippi Territory?
2dly. Is the verdict which has been rendered in this court a bar to a prosecution either in the same or a different state, for different overt acts of the same treason?
On the first point I will observe as preliminary to a consideration of the act of congress which is supposed to give the power contended for, that I have been inclined to think the territorial courts were erected, not under the 3d. art. of the constitution which defines the judicial power of the U. States, but under the 4th article which enables congress to make all needful rules and regulations for the government of their territories. One reason for this opinion is that the territorial courts have cognizance of cases over which congress under the 3d. art. are incapable of giving jurisdiction to the circuit courts of the U. S. I do not mean to say that the circuit system may not be extended to the territories. I only mean to say that the existing territorial courts are not created in virtue of that article which creates and defines the judicial power of the United States.
The act which is denominated the judicial act passed immediately after the formation of the constitution and appears to have had exclusively for its object the organization of a system under the 3d. art. of that instrument.
Its title is "An act to establish the judicial courts of the U. States;" and it contains no reference to a territorial court. The second section divides the United States into districts, no one of which includes any portion of territory not then included in some state. In this section then the term "United States," designates the states composing the Union in exclusion of that territory which was governed by the United States. The word "district" in the same section obviously means a judicial district created by the act. The term is plainly used in the same sense in the 3d. section and in every other part of the act where it is employed but with a plain reference to the courts created by the act: and under this construction the supreme court has refused to take cognizance of an appeal from a territorial court. The 33d. section authorizes any justice or judge of the United States to arrest and commit for any offence against the United States; and because an offence against the United States may unquestionably be committed in a territory, it is argued that these words authorise a judge here to arrest and commit for trial there.
If these words stood unconnected and uncontrolled by others I should not consider the sentence as absolutely free from doubt, although perhaps I might give it the construction required by the counsel for the United States. Some doubt would be induced by the subject matter on which the words are employed. An arrest and commitment of an offender is necessary for the purpose of bringing him to trial, and an act creating particular courts of criminal jurisdiction in order to give effect an important article of the constitution, and authorising the judges of those courts to arrest and commit offenders for trial generally, might be construed without departing from acknowledged rules, to authorise a commitment for trial in those courts only to which the constitution and the law related.
But all doubt upon this subject is removed by the particular words of the act.
Every person admits that a legislative act like any other instrument, is to be taken altogether, and that general phrases may be explained, and restated or enlarged by other words which demonstrate the sense in which those general phrases were used. Now the sentence authorising an arrest and commitment for trial proceeds to say before what court such trial must be had. It must be before the court which by that act has cognizance of the offence. How then can the authority extend to a commitment for trial, before a court which by that act has no cognizance of the offence? Which derives its jurisdiction from a different act, and is distinct in its character and in its powers? The words "such court of the United States as by this act has cognizance of the offence," are not senseless. They are operative words which form an important part of the description of the power given. How then can they be rejected? The words which authorise the district judge to remove the person committed into that district in which he is to be tried most obviously mean that judicial district, and refer as plainly as a reference can be made to that district, in which the commitment expires; that is the offender is to be tried. On this the commuting judge decides.
It has been contended, that because the court for the Mississippi Territory has, by a subsequent act of congress jurisdiction over all offences committed within the territory, that the grant of jurisdiction to that court enlarges the power of the committing magistrates of other courts.
The correctness of this deduction cannot be admitted. I cannot comprehend that train of reasoning by which the grant of power to one court can be considered
as enlarging the powers of magistrates belonging to another court, having no relation to the newly created court, and who are not in any manner contemplated by the act creating that new court.
But if this point could have been involved in doubt, that doubt is, I think, removed by the circumstances existing at the passage of the judicial act. A territorial act was then in being, exercising its jurisdiction over offences which were committed within the territory. The court for the western country as I perceive, from the journals of the old congress, was formed soon after the passage of the ordnance on its government. If immediately after the passage of the judicial act, a judge had been required to commit an offender for trial before that territorial court, what must have been his answer? He must have said congress has empowered me to commit for trial only before a court created by the judicial act. On the policy of their motives for this restriction, I am not to decide; such is their will and I am bound to obey it.
If such must have been the construction of the law with respect to the territorial court, existing at the time, such must be its construction with respect to other territorial courts created since on the same model.
I am on these reasons perfectly clear that I have no power to commit for trial in the court for the Mississippi territory; and of consequence it would be altogether improper in me to go into an enquiry on a subject on which I cannot act.
The second question is much more doubtful. It is a constitutional question of great importance, and one which I ought not to decide, unless it becomes absolutely necessary, while a single doubt respecting it exists on my mind. I have attended to the arguments which have been urged on both sides and doubts upon it do yet exist.
I acknowledge the force of the argument so repeatedly urged, that levying war is one continual crime; and the different overt acts of the same war, are as much parts of the same treason, as different stabs or different doses of poison given to the same individual are parts of the same murder. The difference between levying war and a felony may be in some measure this. If for felony as robbery or burglary, a man be indicted in the wrong county, he is charged in a jurisdiction in which no part of the offence has been committed; but if he be indicted for levying war within a district through which the force has passed, he is indicted within a district in which a part of the offence has been committed. The arguments at bar formed upon this distinction have great weight with me. They deserve to be more maturely considered. So far as respects overt acts within the same jurisdiction they are perhaps conclusive.
My doubt consists in this. The overt act now charged could not have been laid in the indictment on which Col. Burr has been tried. There is therefore considerable force in the argument that his acquittal does not prove a distinct indictment for the war in Kentucky. My judgment is not decidedly formed upon this point. I shall therefore hear the testimony relative to the conduct of the accused within the United States, and shall in the mean time, reflect further on this subject. In the course of this reflection it is impossible to allow much weight to the argument delivered to day, especially to that which shows the difference between murder and treason in this, that proving a murder to be committed in another county does absolutely disprove the indictment.
In the course of this argument an incidental alteration at the bar has produced some commentaries on the construction given by this court to the opinion of the supreme court, in the case of Bellman and Swartwout, which I do not think myself at liberty to pass over altogether without notice.
Reports may very possibly be in circulation that this court instead of obeying has absolutely reversed a decision of the supreme court. While such reports would be entirely incorrect in point of fact, they would cast an imputation on this court, which, I flatter myself, will never be merited. But such reports may circulate with great facility, and the labor of reading the opinion to which they refer, and which would certainly refute them, will be taken only by a few. If then a declaration made from the bar to myself, evidently purporting that my opinion instead of construing reverses that of the supreme court, should be heard unnoticed, I certainly might be understood to acquiesce in the remark and to countenance any reports which might be circulated to the same effect. I therefore feel myself bound to declare that I have given what I believe to be the sound and true legal construction of the opinion of the supreme court; and I feel myself farther bound to state to gentlemen the particular parts of that opinion on which there has been a difference between the construction made by the court and that made by the counsel for the prosecution.
The points inferred from that opinion by the counsel for the U. States were.
1st. That war might be levied without the application of actual violence to the objects to which it was intended to be applied.
2dly. That a man might be indicted as being present, on an overt act committed by others in his absence.
On the first point, as must be recollected, this court concurred with the counsel for the prosecution. Their construction was declared to be correct. But because war
might be levied without the application of force, they had concluded that war might be levied without the existence of force, and therefore that war was levied on Blannerhasset's island.
I attended to the arguments of gentlemen with all the powers I possess. It required no effort to do this, for their arguments commanded attention; but I do not recollect one sentence from either of them, indicating the idea that the opinion of the supreme court dispensed with potential force, with the posture of war; or that they had reflected seriously on this question. The court made certainly a very elaborate investigation of this point, but it was produced not by any misconception of it stated at the bar, but in consequence of misconception understood to have been formed elsewhere; and because it constituted an important question in the case then on trial.
The second point was one on which there was clearly an opposition between the construction of the law made by the counsel for the prosecution and that of the court. On the part of the prosecution it was clearly understood that an absent man might be indicted for an overt act committed by another. I am persuaded that gentlemen if they will examine the train of reasoning by which their minds were conducted to this conclusion, will satisfy themselves that they have been misled by ideas drawn from other sources than the opinion to which this error has been imputed.
By the common law, accessories in treason are principals and they have understood a declaration that a man leagued in a conspiracy may become a traitor by performing a part distinct from that of appearing in arms as an adaption of this common law principle. I am persuaded that when the feelings created by warm contestation shall subside, gentlemen will themselves suspect that this conclusion has been precipitately drawn.
No sensation whatever has been excited by the remarks which have occasioned these observations, other than the opinion that this explanation has been rendered necessary by them.
Gentlemen will, if they please, proceed with their testimony relative to the conduct of the accused in the U. States.
Proceedings on the motion for commitment.
EXAMINATION OF EVIDENCE.
FRIDAY, Sept. 18.
James Mc Dowell.
Mr. Hay. Did you go as low as the Chickasaw Bluffs? A. I did. Q. What number of men were assembled at the mouth of Cumberland river? A. About 100. Q. How many additional men joined them there? A. I do not recollect. Q. Did you see any boxes of arms? A. No. Did you see any guns with bayonets? A. I saw a few. Q. Any pistols? A. Six or eight pair; and some rifles. Q. Do you know of any men who joined them at Fort Massac? Mr. Burr objected to this question. Fort Massac was in the Indiana Territory.—Mr. Hay. Did you see any powder? A. Yes. Q. What quantity? A. A couple of small casks. Q. Did you see any bullets; and what quantity? A. I helped to run some myself, and I saw one barrel about 2 thirds full. I saw those bullets below Bayou Pierre. Q. Did you see Blannerhasset and Smith? A. Yes. Q. Did this party seem to be under Burr's command? A. They said it was Col. Burr's boats and party. They regarded themselves as under his direction. Q. Were there any other officers apparently under Burr's command? A. Yes. Col. Tyler was an officer and Mr. Blannerhasset seemed to be one; but not to have so much command as Col. Tyler. Mr. Wirt. Did you see any agricultural tools such as ploughs & hoes, adapted to the settlement of lands? A. Not any. Q. Were there any families; that is any men with their wives? A. There were two families. Q. Of what description of character was this party composed? A. Principally of young men. Did they appear to be men accustomed to plantation labor? A. Some of them appeared fit; but most of them seemed like gentlemen.
Mr. Hay presumed that it would not be departing from the opinion of the court, if he asked a question concerning some transaction out of the U. S. which might serve to elucidate the state of the party at the mouth of Cumberland. Might he not, for instance, enquire whether the witness had seen any boxes of arms at Bayou Pierre; because it was perfectly fair to infer, that they had not been subsequently received, they must have been with the party at the mouth of Cumberland river! Mr. Burr. No precise inference can be drawn from that circumstance; because these arms may have been received into the boats below the line of Tennessee. The Chief Justice took it a proper question: If the acts attempted to be proved were done in the U. States, evidence might be drawn from any place to prove them. But no evidence could be produced to prove an act, that was not done in the U. S. Mr. Baker. This is really a strange mode of inferring circumstances by contrast. The witness says expressly that they were not at the mouth of Cumberland, and yet he is to be interrogated whether he did not see them at Bayou Pierre. Mr. Mc Dowell. I did not say, that they were not at the mouth of Cumberland. I said only, that I did not see them there. Mr. Hay. Was there then any fact to induce you to believe that there were chests of arms on board. A. I did not see them. But they took in some boxes at Blannerhasset's island. Q. Did they take in any boxes between the mouth of Cumberland and Bayou Pierre? A. None. Mr. Wirt. You say that there were about 100 men at the
mouth of Cumberland river. Was there any accession to this party afterwards? A. It was increased before we got to Cole's Creek. Q. What was the total amount of the party? A. There were about 150 at Cole's Creek. Q. Was there any application to you to join them? A. Mr. Blannerhasset applied to me. Q. In what manner? A. He asked me to go along with him; but I said I did not wish to go without knowing where they were going. He was at me two or three times. He said that many men were going, without knowing any more than I did. I told him I had very little in the world; but that I did not wish to leave it in that way.
Mr. Eustis here interrupted the examination. He observed that the counsel for the prosecution were bound to prove the overt act first; that there was no impropriety in producing circumstances explanatory of the overt act; but how could these conversations between other persons, and held in his absence contribute to establish this act, or how could they affect him? Mr. Hay contended that these circumstances might contribute to show the intentions of the party and the character of the Enterprise. The Chief Justice considered this as admissible testimony. If the counsel for the prosecution charge a military assembly at the mouth of Cumberland, they were at liberty to produce every circumstance explanatory of the nature of that assembly. He considered conversations among the men themselves at the mouth of Cumberland as admissible, because they contributed to show the nature of the expedition; and why should not conversations that were afterwards held, be as explanatory as those which were there maintained? The charge too, was not confined to the mouth of that river, but was extended to any place below that, which was in the limits of the U. States. It is then immaterial where these conversations passed, because they make a part of the transactions at the places actually charged. Mr. Bates objected that these conversations were not held within the United States, because the jurisdiction of Mississippi had never extended beyond the margin of the Mississippi. Some conversation here ensued, when Mr. Mc Dowell was dismissed, and Wm. Love (the quondam groom of Blannerhasset) was called into court.
William Love.
Mr. Hay. Did you not go down with the boats? A. I went down from Mr. Blannerhasset's island. I considered myself as his servant. Q. Did you see any boxes of arms? A. I saw one chest in Mr. Floyd's boat. Q. How many men went from Blannerhasset's island? A. About 25. Q. Did any more men join you on the way? A. None. Q. Were there any other boats at the mouth of Cumberland? A. Some, but not belonging to our party. Q. Did any men join you before you got there? A. Mr. Blannerhasset did. Q. How many boats went from the mouth of Cumberland river? A. I do not recollect how many. Q. Were there 10? were there 6? A. There were more than 6 altogether. Q. Did no one join you at the mouth of Cumberland but Col. Burr? A. Yes, some more. Q. Who were in the other boats? A. Mr. Floyd had joined us with 3 boats at the Falls of Ohio: one was loaded with provisions, and the rest had provisions likewise. Q. How many men were in these boats? A. I do not recollect. Q. Were there 20? A. There were about 8. Q. How many boats were there in all? A. There were four of Col. Tyler's; two of Col. Burr's from Nashville; one of Mr. Lath's, and two of Mr. Floyd's, who joined at the Falls of Ohio; and captain Dean's boat, called the commissary's boat; and one small boat of Mr. Blannerhasset's. Mr. Hay. Tell me what you know about the arms; and recollect what you said before on this subject.—(Counsel for the accused objected to this mode of interrogation)—How many chests of arms did you see at the mouth of Cumberland? A. I saw one chest and a box with rifles. There were several other chests like that one, but whether they contained Mr. Blannerhasset's books or the arms, I am not able to say. Q. What was the size of the chest? A. Of course as long as the musket. Q. But of what depth? A. I never measured the dimensions, but it was about as deep as my knee. Q. Could you straddle over it with your legs? A. I could not. Q. Where did you first see this chest? A. At the mouth of Cumberland. Mr. Mc Dowell. What sort of arms? A. French. Q. I mean of what form and nature? Were there any bayonets? A. There were. Q. Was this box opened? A. It was opened by the cressets of the people, who took it in the boat. What kind of chest was it? A. It was rough. Q. Were there any others of the same appearance? A. Yes, but I know not their contents. Q. Do you recollect anything; were these chests heavy? A. They were. Q. Did you see any other military apparatus? any bullets? A. I did. There were some bullets in a barrel, standing in the bow of one of Col. Tyler's boats. I said there were about 600 in it. Mr. Hay. Did you see any powder? A. I am not certain whether I saw one or two; but I am certain that I saw one tin canister of powder, that was put on board at Blannerhasset's island.
Mr. Blannerhasset. You said that you saw the boxes that were said to contain my books in the commissary boat, did you not notice them? A. I did not see them. Q. Did any body tell you that I had it at arms on board? A. No one.
Mr. Hay. Did you go ashore at the mouth of Cumberland? A. I did. Q. What passed there? A. All the young men went up. Col. Burr wanted them to come up for him to pay his addresses to them. Q. Well; and where did he receive them? A.

A little piece above the bank. Q. You did not see them form a circle? A. No. I was not with them.
Thomas Hartley.
Mr. Hay. Were you at the mouth of Cumberland? A. No, I was at Fort Massac when the boats were there. I had left it two weeks before. Q. You were with Col. Burr at Fort Massac? A. I was. Col. Burr objected to this question. Fort Massac was in the Indiana Territory. Q. Did you descend the Mississippi; and with whom? A. With Mr. Fort and Mr. Hopkins. Q. Where were you joined by Mr. Burr's party? A. Just below Fort Massac. They passed the Fort in the night; and we joined them next morning. Q. How many boats had they? A. About eight or ten. Q. Do you know whether they had any arms in the boats? A. I saw none but fowling pieces. Q. Did you descend the river with them? A. Yes. I went to New Madrid by the directions of Col. Tyler. Q. Were you not left behind to enlist men?
The counsel for the accused objected to the principle as well as form of this question. After some discussion the Chief Justice decided that the principle of the question might be relevant. —Mr. Hay. Will you state then for what purpose you were left behind? A. All the boats landed at New Madrid on New-year's day and staid four days. Mr. Hopkins and Mr. Fort and myself went before to get more men. We got two; and some more joined at Nantz de Grass. Q. On what terms did they join? A. At twelve and a half dollars a month and 100 acres of land besides. Mr. M'Rae. And what services were to be performed? A. They were to go to this Ouachita country, and also to descend to New Orleans to work on Col. Burr's boats. Mr. Wirt. Was Col. Burr looked on as the head of this party? A. He was. Q. Did you and these recruits understand that they were to be placed under Col. Burr's command? A. They were to be delivered to him; and to go on board his boats?
Cross Examined by the accused.
Mr. Burr. Who wrote the articles, under which they were engaged? A. Mr. Hopkins. Q. Repeat them. A. I do not particularly recollect them. Q. But there was something in them about the Ouachita lands? A. They were to go there after they had gone to New Orleans.
Mr. Wirt. These men who were engaged in N. Madrid; did they join the detachment? A. They did, at the mouth of Coles's Creek. Q. Do I understand, that the sole object was the settlement of the Ouachita lands? Mr. Bots objected to these questions. How could these transactions affect Col. Burr when they took place in his absence? —The objection was overruled, and Mr. Hartley replied, that the contract declared, that they were to serve for six months, that they were to settle on the Ouachita lands; but that they were to go on to New Orleans. —Mr. Wirt. Did you see the men assembled, before they arrived at the Chickasaw Bluffs? A. I did not overtake them, before they got to Coles's Creek. —Mr. Burr. You said they were to go to the Ouachita and to New Orleans. Were they to go in any event? A. They were to go to the Ouachita; but the articles did not specify what business they were to follow. The only service which was mentioned, was that they were to work the boats down. —Mr. Baker objected to this kind of evidence. He contended that the best sort of evidence ought in every case be produced; and that no paper ought to be mentioned, which was not exhibited in court. —The objection was overruled; when Mr. Hay asked the witness whether he was certain they were to go to New Orleans first. A. I am. I recollect the articles were read, after we got into the boat. Mr. M'Rae. And they were to serve six months? A. They were.
SATURDAY, Sept. 19
Examination of Jacob Dunbaugh.
Mr. Hay. Will you describe the situation of the party at the mouth of Cumberland river? Witness. Am I to be confined to the Cumberland river? Mr. Hay. You may go down to the Chickasaw Bluffs. Mr. Bots. Go down to the Mississippi river; & whether you are to go further, the court will instruct you. Some desultory conversation here ensued on this point, after which the witness proceeded.
On the 26th December, 1806, very early in the morning, a small Skiff with four men and a Mr. Hopkins, arrived at Fort Massac. Sometime after the arrival of this Skiff, Capt. Bissell (commanding at the Fort) detailed me for command, to go to the mouth of Cumberland river, to purchase a beef for him. Q. What were you? A. I was and am still sergeant in the army of the United States. He told me I was to call on Col. Burr with his compliments; and if Col. Burr wanted my assistance, that I was to furnish it. Capt. Bissell told me, this Mr. Hopkins, who came in the Skiff with four men, was going up with me. When we got half way up to the Cumberland river, we staid, and asked Mr. Hopkins his business at Fort Massac, and he said it was to ask Captain Bissell whether he would oppose Col. Burr's passing by the fort. I got to the mouth of Cumberland, about half an hour before sun set, on the 26th December, and landed: Col. Burr was then encamped on Cumberland island. After I had crossed over to the island, I saw Col. B. and delivered Captain Bissell's message. Col. Burr said he was much obliged to him; and that Captain Bissell was very good. Col. Burr asked me "Is not this my old friend?" I had seen him before. He said he believed I drank no brandy; and asked me if I would not have a glass of wine. When I drank, I said "here's success to Col. Burr and his undertaking;" and Mr. Blannerhasset (this was the first time I ever saw him) stamped his foot and said "Amen." Col. Burr told me that I must take breakfast with him next morning, I replied that I would. On the 27th, I saw Col. Burr and told him, I was going to the Garrison. He told me to bear his compliments to Captain Bissell, and asked me if I could take a barrel of apples to him. I told him, I would. Whilst they were getting the apples on board, the wind sprung up very fresh, and I was not able to start. In the course of that day, I crossed him several times over to the Kentucky shore, and several of his men. During that day,
Col. Burr asked me, how I would like to go down the river with him. I replied very well, if I could obtain the consent of my general. He said that that would make no odds. He would fix it without. This was on the 27th, and on the 28th, I called on Col. Burr and told him I was going to Fort Massac. He sent his compliments to Capt. Bissell, but said he expected he would get there before me. I told him, that he might man his barge as well as he could, I would arrive there before him. I arrived at the garrison some time in the afternoon.
Mr. Bots. There you may stop. It is impossible to progress without running into some impropriety, unless we ascertain the limits within which the witnesses are to be confined. Mr. Hay observed that he did not mean to prove any acts at Fort Massac. —After some conversation the examination proceeded: —Mr. Hay. Did you see any military parade? A. I saw the men drawn up at the mouth of Cumberland. Q. How many men? A. I did not count them; but I suppose there were about one hundred. Q. What kind of men? A. Generally young men. —Mr. Wirt. Did they look like hard laborers? A. The principal part did not. Q. How drawn up? were they drawn up in a line? A. No. They were drawn up in three wings. Q. What do you mean by three wings? Divisions? The Witness here described their position, by drawing a figure on the floor with his foot. They described three sides of a square. —Col. Burr was introduced by Col. Tyler, beginning at the left. The party gradually fell in and formed a circle. Mr. Hay. How introduced? A. He went around and shook hands with every man. Mr. Hay. Did you not see some chests of arms? Mr. Burr objected to this manner of putting the question. Mr. Hay admitted that he had put the question inadvertently; he merely wished Mr. Dunbaugh to state what he knows of the chests of arms. Mr. Bots. State what you know of any chests of arms within the United States. Witness. I did not see more than a few rifles at the mouth of Cumberland. —Mr. Hay. I think the court yesterday decided, that we were at liberty to state any circumstances out of the United States which were explanatory of the acts done within the United States.
On this top a long and desultory discussion ensued. The Chf. Justice at length decided, that if an overt act be laid at the mouth of Cumberland river; if a military assemblage was said to be there assembled, that evidence beyond the limits of the states might be produced to show the military attitude of the party; that with respect to this particular question, if the witnesses could show that no other arms were put on board, & if certain arms were put on board, and if certain arms were on board at a certain place, it was some presumption that these arms had been at the mouth of Cumberland river; and that he understood it was the intention of the prosecution to show that this party were in such a state at such a place, that they might be able to infer that the party were in a similar state at the mouth of Cumberland. In this point of view, he conceived that such evidence was admissible.
Mr. Hay. State then, Mr. Dunbaugh, what you know on this subject. Did you leave Fort Massac with Col. Burr? A. I overtook him at New Madrid on the first of January. Q. Did you then go down the river with him? A. Yes, in his own boat. —Mr. Wickham repeated his objections to this kind of evidence. How was the witness to know, whether arms might not have been subsequently put on board the boats? He was not always in Col. Burr's boat; nor was Col. Burr's boat with the rest. Can this be good testimony? —Chief Justice. He is to show, that there was no connection between the boats and the shore. Mr. Wickham. But suppose that he has no testimony to that effect? Chief Justice. Whether arms were subsequently introduced, is a mere matter of inference, dependent on the whole of the evidence on both sides. It depends on a variety of circumstances, such as the situation of the shore and the country, &c. —Mr. Hay. State then, Mr. Dunbaugh, what you know about the arms on board the boats. Witness. Sometime in January, we left Bayou Pierre, and descended to Petit Gulp, three miles below on the opposite side. Col. Burr went ashore and returned, to the Petit Gulp. The boats all shoved off at once: Col. Burr's was rather behind. The night we left Petit Gulp, Col. Burr and Willie came into the bow of the boat with an axe, auger and saw. They went into Col. Burr's private room and began to chop. He ordered no person to go out, but I did go out. I saw a Skiff lying aside of Col. Burr's boat. After they had done chopping, a Mr. Pryor and a Mr. Tooly got out of the window. I got on the top of the boat, and saw two bundles of arms tied up with cords, and sunk by cords going through holes at the gunwales of Col. Burr's boat. I observed to Mr. Pryor, that he must be careful to bring up the boat, or else it could not get close to shore.
Mr. Hay. How many arms were there? A. There were about 40 or 43 stands. I saw besides pistols, swords, blunderbusses, fuseses and tomahawks. Mr. Wirt. Is not the coast opposite to New Madrid a part of Tennessee? A. No; it is the Indiana Territory. Q. Were you on board any of the other boats? A. Several. Q. Did they keep together. A. They did, when they could. Q. Did you see arms in the other boats? A. I saw several stands of arms, that is, muskets with bayonets, in Floyd's boat; and about twelve rifles. Q. Were you near enough to Col. Burr at the mouth of Cumberland to hear his observations to his party? A. I was. He said there were then too many bye standers to divulge his plans. Q. Were any men obtained, after you joined them? A. One, who got aboard at New Madrid. Q. Were you commissioned by Col. Burr to obtain men? A. No; not citizens. Q. What do you mean by the word "citizens?"
Here Dunbaugh was stopped by the opposite counsel, and his examination proceeded no farther on this day.
A FRESH SUPPLY OF Church's Cough Drops is just received from the Proprietor's Dispensary New-York, and for sale at this office.
From the Liverpool Chronicle, August 5.
WAR WITH AMERICA.
From the continent of Europe the attention of this country has been diverted to that of America, by an event which cannot be two much regretted—an action between an American and a British frigate, as we noticed in our last, in which several men were killed. This act of hostility originated in an attempt to search the American frigate, which was resisted. It is hardly possible to describe the consternation the first intelligence of this event occasioned amongst mercantile men, who contemplate the bare possibility of an American war with horror, yet the ministerial papers, with diabolical phrenzy, have not scrupled to congratulate the public on the probability of such a ruinous event taking place. If at any period it was the interest of a commercial country to enlarge its system of warfare which has generally, if not always, ruined the cause it professed to serve, we think the present time, of all others, the most inauspicious. We sincerely hope that we shall not be plunged into a course of unmeaning hostilities with a nation which, for seventeen years, has been a profiting but silent spectator of the convulsions which have occupied the attention of Europe—and in whose prosperity we are greatly interested. Seven millions of our annual exports have their market in America; and though nine-tenths of the revenue of America may depend on her external commerce, and its consequent diminution would become certain from a rupture with England, yet the disadvantages of a contest would preponderate against us. While we have been augmenting our public burdens, America has been changing her internal economy, and widening the sources of her commercial prosperity. Our West India colonies would become materially injured by a war, the Atlantic would teem with innumerable cruisers, to the great annoyance of our trade, and to the ruin of our manufacturers. Our government ought not to forget that several of the powers, which we assume upon the ocean, such as those of searching neutral ships, or allowing or disallowing various branches of neutral trade, are such as to occasion no slight interruption, mortification and loss to the Americans; and undoubtedly these acts, if necessary for our interests, ought to be attended with as conciliatory a language and manner as possible. There is good evidence, however, to believe that the contrary is the case, and that they are very frequently attended with circumstances of studied insult and oppression. For this, the temper of our officers and sailors in many respects so admirable, is chiefly to blame; but it has not hitherto been sufficiently the care of government, by express and peremptory injunctions, to guard against this impolitic conduct.
At a late hour last night we received Charleston papers to the 6th ult. inclusive. Their columns are filled with details of the unhappy rencontre between the Leopard and Chesapeake, and the resolutions of meetings held in various parts of the United States, in consequence of that unfortunate affair. Our limits will not allow their insertion, but the substance of them is, to express the horror and indignation excited by the occasion—a determination to support with life and property the government, in obtaining satisfaction—to prevent all intercourse with British ships of war—to refuse all supplies—to invite the pilots to re-use their assistance towards conducting any such ships of war into their harbors—and to hold as infamous all who violate these resolutions, or refuse co-operation. At Norfolk the conduct of the citizens of Hampton, who destroyed the water casks belonging to the British frigate Melampus, was voted highly laudable and praiseworthy. The meetings, it is said, have been conducted with great temper and moderation, considering the circumstances under which they met. The men taken on board the Chesapeake, are said to be native Americans, and 17 others, are reported to be detained on board the Bellona, a ship belonging to the same squadron. The volunteer companies throughout the union are tendering their services to government. The Norfolk paper states that the irritation of the public mind, far from moderating, appears daily to increase—an officer from the Leopard had the temerity to venture on shore; the people, incensed, broke into the house where he had taken refuge, and were about to proceed to acts of violence, when captain Decatur of the Chesapeake arrived, and with great difficulty rescued him—he was afterwards put on board a prisoner, and conveyed to the ship. It was reported that threats had been thrown out, that the British squadron would obtain a supply of water by force. Preparations were made by the people to resist the attempt. Business in Norfolk was entirely at a stand. All party distinctions were set aside, and every man stood prepared to resist further aggression.
NEW YORK, September 18.
A Pamphlet has been published in Halifax, of the trial of John Wilson, alias Jenkins, for mutiny, desertion and contempt. It will be recollected that this was one of the seamen found on board the Chesapeake. In this pamphlet we observe the following correspondence.
To JOHN ERSKINE DOUGLAS, esq. Captain of his Majesty's ship Bellona, and Senior Officer, &c. &c. Chesapeake.
His Majesty's ship Leopard, at Sea, 22d June, 1807.
SIR, In obedience to your signal this morning, to weigh & reconnoitre S. E. by E. I have the honor to acquaint you, that having arrived off Cape Henry, to the distance of about four or five leagues, I bore up, pursuant to orders from the commander in chief, to search for deserters on board the United States' frigate Chesapeake. On arriving within hail, an officer was dispatched according to my instructions, to shew the order to her commander, together with the following note from myself:
"The captain of his Britannic majesty's ship Leopard, has the honor to enclose the Captain of the United States' frigate Chesapeake, an order from the honorable Vice-
Admiral Berkeley, commander in chief of his majesty's ships on the North American station, respecting some deserters from the ships (therein mentioned) under his command, and supposed now to be serving as a part of the crew of the Chesapeake."
"The captain of the Leopard will not presume to say anything in addition to what the commander in chief has stated, more than to express an hope that every circumstance respecting them may be adjusted, in such a manner, that the harmony subsisting between the two countries, may remain undisturbed."
The boat, after an absence of three quarters of an hour, returned with the following answer:
"I know of no such men as you describe; the officers that were on the recruiting service for this ship, were particularly instructed by the government, through me, not to enter any deserters from his Britannic majesty's ships; nor do I know of any being here."
"I am also instructed never to permit the crew of any ship I command, to be mustered by any other but her own officers; it is my disposition to preserve harmony; & I hope this answer to your dispatch will prove satisfactory."
JAMES BARRON, Commander of U. S. Ship Chesapeake."
On the receipt of this letter, motives of humanity, and an ardent desire to prevent bloodshed, induced me if possible to endeavor to make the search without recurring to more serious measures, by repeatedly hailing and remonstrating without effect. I then directed a shot to be fired across the bow; after which he was again hailed, the answers again were equally evasive; conceiving therefore, that my orders would not admit of deviation, I lament to state that I felt under the necessity of enforcing them by firing into the United States' ship; a few shot were returned, but none struck this ship—at the expiration of ten minutes from the first shot being fired, the pendant and ensign of the Chesapeake were lowered. I then gave the necessary direction for her being searched, according to my instructions, and herewith send you a statement of the number and names of the deserters found on board. Several other English subjects composed part of the crew of the frigate, but as they did not claim the protection of the British flag, and not within the limits of my orders from the commander in chief, I therefore allowed them to remain.
After the search had been made and previous to separation, the captain sent me the annexed note; which, with my answer, I have the honor to subjoin; and
Have the honor to be, Sir, Your most obedient humble Servant,
S. P. HUMPHREYS.
Copy of a letter from Commodore Barron, to Captain Humphreys:
"Sir—I consider the frigate Chesapeake as your prize, and am ready to deliver her to any officer authorized to receive her.—By the return of the boat I shall expect your answer; and have the honor to be,
Sir, your most obedient and humble Servant,
JAMES BARRON.
At Sea, 22nd June, 1807.
ANSWER.
"His Majesty's ship Leopard, at Sea, 22nd June, 1807.
"Sir—Having, to the utmost of my power, fulfilled the instructions of my commander in chief, I have nothing more to desire; and must, in consequence, proceed to join the remainder of the Squadron;—repeating, that I am ready to give you every assistance in my power, and do most sincerely deplore, that any lives should have been lost in the execution of a service, which might have been adjusted more amicably, not only with respect to ourselves, but to the nations to which we respectively belong. I have the honor to be, Sir, your most obedient, humble servant,
S. P. HUMPHREYS."
"William Ware, Daniel Martin, John Strachan, alias Story—His Majesty's Ship Melampus.
John Wilson, alias Jenkins Rattford—His Majesty's Ship Halifax.
PHILADELPHIA, September 23.
Our correspondent at New-York under date of Saturday noon, writes to us as follows:
"Arrived this morning ship Ann, Jenkins, 44 days from Bordeaux. Left, among others, ship Louisiana from Philadelphia, just arrived. The city of Bordeaux was illuminated on the 1st of August for 3 days, in consequence of the pacification of the continent. The Emperor Napoleon arrived at Paris on the 27th of July."
The following extract is said to be from an intelligent merchant in London, who is on terms of confidence with the American ministers there.
"August 1, 1807.
"I have the pleasure to state, that it is understood there is to be a friendly discussion between our government and your ministers respecting the unfortunate business of the Leopard and the American frigate, and measures taken accordingly."
"I trust that the powers and instructions, with which they are now invested, will cement the union between the two countries and provide for those casualties, that may occasionally, or accidentally arise to interrupt it."
By capt Conklin in 12 days from Hayti, we learn that the war between Petion and Christophe continued with varied success, but it was expected that Christophe would finally prevail.
ALEXANDRIA, September 22.
Thomas Stockdale, a citizen of the United States and born in Harford county, Maryland, arrived at this place on Sunday morning last by land from Lynn-Haven Bay, having about eight or nine days since made his escape from the British ship Tammar, Capt. Robinson—he states that they sent him together with two officers and five seamen on shore in disguise to procure fresh provisions; that while the officers were at a farmer's house procuring them,
he the said Stockdale with two other men (Englishmen) made their escape thro' the country, the two Englishmen went to Norfolk, and he having been registered as a seamen in the collector's office of Alexandria made his way here, after having been on board said vessel for three years—he never accepted any of his majesty's bounty.
The farmers at Lynn-Haven Bay are in the practice of furnishing the officers of the British ships with fresh provisions, in consequence of their going on shore and calling themselves Americans, being in disguise as such.
NORFOLK, September 21.
PORT OF NORFOLK.
ARRIVED.
Ship Thomas, Bush, 63 days from London, Dry Goods, G. Murray & Co.
Ship Planter, Moore, 63 days from London, Dry Goods, Donaldson, Thorburn, & Co. and others.
FROM A LONDON PAPER.
The important and interesting science of physical geography seems to be every where making rapid advances to the utmost perfection of which it is capable. In England, the most extensive work ever published upon this subject may shortly be expected from the press. It consists of a plate engraved by Merigot, of Paris, from a drawing by Mr. Riddeil, in which all the principal mountains of our globe are represented in their proportions of actual height above the level of the sea, with every possible attention to accuracy of form with the varying boundary of perpetual congelation which determines the height to which vegetation reaches, in every degree of Latitude. In the intervals between the mountains are introduced the heights of all the different cities, inhabited places, and sources of rivers, which indicate the general level of each continent, and enable the observers to ascertain the elevation on the principal mountains above their own bases, as above the level of the sea. The plate contains, upon the whole, upwards of 750 objects, so grouped as to form a very interesting picture. It is explained by a scale graduated in feet, which slides along the surface of the plate, and contains the name of every mountain opposite to its respective height. This is more than twice the size of any plate ever engraved on one piece of copper, or printed on one sheet of paper, being four feet eight inches by three feet, exclusive of margins, and has consequently required both the press and paper to be made on purpose, at a very great expense. It will be accompanied by a geographical and physical account of mountains, their mineral composition, &c. &c. in three quarto volumes, by Mr. Wilson.
Extract of a letter from Amsterdam, dated in the beginning of August.
"The present emperor of Austria is in future to be king of Bohemia, and the archduke Charles is to be king of Austria, the archduke Constantine, brother to Alexander, comprehending Moldavia, Wallachia, and part of Poland—the present king of Prussia to have part of his dominions restored to him; Murat, duke of Berg, to be king of Poland; Jerome Bonaparte to be king of Westphalia, and to marry the daughter and only child of the king of Saxony; Jean Beauharnais, son of the present empress Josephine, to be king of Holland, (Louis Napoleon retiring) Joseph Bonaparte present king of Naples to be king of Italy; and Ferdinand the former king of Naples to be restored, the present confederation of the Rhine to remain, and a confederation of the North to be formed under the patronage of Alexander, whose sister the emperor Napoleon is to marry after repudiating his present wife."
A TABLE,
Shewing the Land Forces of different nations of Europe.
Table with 3 columns: Nation, Men, Cost per ann. Rows include France, Russia, Austria, Prussia, England, Denmark, Sweden, Holland, Spain, Portugal, Naples, Turkey, and a Total row.
America can turn out about 600,000 men, with which she has nothing to fear from any army in the world.
The above are all standing armies, &c. N. B. The above are the expenses of the armies, when in actual service.
The Subscriber,
Proposes to sell a valuable MILL, on South Anna River, about forty miles from Richmond, in the county of Louisa. well situated for custom, and in a situation favorable for a supply of wheat. This Mill is newly built, and furnished with four pair of Stones, two Cologne and two Burr; calculated for the manufacturing of flour; the Machinery in general, exceedingly well executed. It is supposed, that those who would wish to purchase, will see the property, when they may be made acquainted with the terms.
John Todd.
Sept. 23.
At a Court of Quarterly Session, he d for Cumberland County, the 28th day of July, 1807.
George Bernard & Co. Plaintiffs,
Against Joshua Glover, Howell Thomas and Walter Jones, Defendants.
It appearing to the satisfaction of the court, that one of the defendants, Joshua Glover, is not an inhabitant of this state; on the motion of the said complainant by his counsel, It is ordered, that the said Joshua Glover, do appear here on the 4th Monday in October next, to answer the complainants' will, and that a copy of this order be forth with inserted in one of the Virginia Gazettes, for two months successively, and published at the door of the courthouse of this county.
A Copy, Teste, Miller Woodson, jr. D. C.

Latest Proceedings on the Motion for Commitment.
WEDNESDAY, September 23.
Col. Burr said he would offer evidence to disqualify Jacob Dunbaugh (whose examination was finished on Tuesday, and who gave very important testimony against him) from being a witness; alleging he was at this time subject to be shot as a deserter from the army of the United States.
It should be known to the reader that Jacob Dunbaugh swore he had entered into the service of Col. Burr with the consent of his captain, who granted him a furlough; that Col. Burr himself persuaded him to stay, until after his furlough expired, and thus to run the risk of punishment for desertion, promising to write to his officer a sufficient excuse to prevent his suffering; & that when the Col. forsook "his people," who had followed his fortunes down the river Dunbaugh returned to his duty, by joining the Army of the U. States, as soon as he could. Notwithstanding all this, the Col. contended that, having once been a deserter, he was an incompetent witness. He observed that his life was in the power of Gen. Wilkinson who would take it away, if he did not swear to what he wished. He said the malice of Gen. Wilkinson was so great against himself, he had said that, rather than not hang Burr, he would agree to be hung himself; and insisted that a person in the power of one so infuriated was not a competent witness.
Mr. Hay objected to an interruption of the examination of the witnesses on the part of the United States. He observed that, if Dunbaugh had committed an offence, he had not been prosecuted for it, and was a competent witness; the objection being only to his credibility; of which the Chief Justice could judge, who had taken notes of all his testimony, and would weigh it as it deserved. It would be time enough to make this objection after the evidence should be gone through.
Mr. Botta. When the evidence has come out, we are told it is too late to make objections, because you have taken notes of it. We are prepared to prove that Dunbaugh is not a free agent; that he is swearing for his life.
The Chief Justice did not think it proper to interrupt the examination on the part of the U. S. When that was over, the evidence intended to disqualify Dunbaugh might be heard.
Mr. Hay was about to proceed with his witnesses, when Col. Burr objected to the admission of testimony to prove for the purpose of impeaching him, any conversations with Blennerhasset, when he was not present, and prior to the meeting at the Island. The Chief Justice said he thought that point had already been decided.
Col. Burr and his counsel, however, insisted on an argument, by which they said they could demonstrate that no such evidence was admissible. The C. Justice permitted the argument to be commenced.
Mr. Hay declared he should proceed with taking the affidavits of the witnesses out of court; that gentlemen might say what they pleased; but he should not be diverted from the course he had taken. He accordingly retired for that purpose.
After speeches of some length from the counsel for Col. Burr, to which no answer was thought necessary on behalf of the U. States, the Chief Justice decided that the evidence of Blennerhasset's conversations was admissible, by way of explanation of the nature and object of the assemblage of men at the mouth of Cumberland.
The counsel for the U. S. therefore proceeded with their evidence. The examination of Alexander Henderson of Wood County consumed the rest of the day.
THURSDAY, September 24.
This day Mr. Alexander Henderson was cross-examined. Among other questions, he was asked by Mr. Hay if he had read any numbers of the "Querist," a publication which appeared in September last (a few days after Col. Burr had paid a visit to Blennerhasset's Island), in the Ohio Gazette, a newspaper printed at Marietta. Mr. Henderson said yes. He had read some of the numbers in manuscript, which Mr. Blennerhasset showed him.
Mr. Hay. Did he tell you he was the author of the Querist? A. Yes, and told me he was going to publish it.
Mr. Blennerhasset objected to the reading of the printed "Querist" as evidence; contending there ought to be evidence that they were the same as those in manuscript.
Mr. Hay then asked Mr. Henderson, if he had read the querist in print. He answered that Mr. Blennerhasset had sent him a printed querist. Mr. Hay. Did it correspond with the manuscript? A. No; it was not the same.
Mr. Richard Neale, sen. was afterwards sworn, and pointedly proved that two of the numbers of the "querist" corresponded with Blennerhasset's manuscript; having copied them for the press at his request. Mr. John G. Henderson of Wood County was next examined; and delivered his testimony in full; which, as well as that of his brother was important on the subject of Blennerhasset's acknowledgments of the design of Col. Burr, himself, and others to separate the Western from the Eastern States. He also said that Blennerhasset read to him a number of the "querist," the first words of which were "Universal History"—When his examination was finished, the Counsel for Col. Burr called for the reading of the "querist"; saying that, as so many allusions had been made to it, they wished it to be heard. Four numbers were accordingly read in public. They appeared to be compositions written for the express purpose of persuading the people of the Western Country, to separate from the Union, and form a distinct government.
Mr. Richard Neale, sen. was cross-examined and discharged, from further atten-
dance as a witness. Mr. John Graham (law Secretary of the Orleans Territory, and now Chief Clerk in the Department of State) was the next witness introduced. His testimony was long, and circumstantial, but perfectly clear, perspicuous, and candid, and of great importance. He was followed by Stephen S. Welch who was called to supply an omission in his testimony the day before; but which he had since recollected. He stated that, after dark, on the evening before the militia were expected to search Col. Burr's boats for arms, nine muskets and bayonets were taken out of Capt. Barry's boat by some of his party; and some also out of Captain Floyd's boat; obviously for the purpose of concealment.
A Mr. Devol was then sworn; but had not finished delivering his evidence when the court adjourned.
In the course of these proceedings a proposal was made by Mr. Hay that the witnesses who had been fully heard on the part of the United States should be discharged. Col. Burr said he had no objection as to any, except Gen. Eaton, but he wished him to stay; since he intended to prove facts against him which would show that he ought not to be admitted as a witness in any Court of Justice!!—Gen. Eaton declared he did not wish to be discharged. He appears prepared to oppose his enemies, with all the firmness which conscientious truth and rectitude inspire.
FRIDAY, September 25.
The counsel for the U. S. proceeded with the examination of their witnesses. Robert Wallace, jr. was first introduced, to prove sundry conversations with Blennerhasset relative to the object of the expedition.
Return Jonathan Meigs, jr. was called, chiefly for the purpose of supporting the testimony of Jacob Albright, by proving certain declarations of Gen. Tupper. Col. Burr's counsel objected to this, as they had not yet made use of the evidence of Tupper to attack that of Albright. It was therefore waived for the present.
Edmund B. Dana was next examined; much to the same effect with Robert Wallace, jr.; except that, moreover, he stated a conversation between Comfort Taylor and himself, the night on which the party left Blennerhasset's Island. Evidence of that sort was objected to by the counsel for the accused; Blennerhasset having not been present at the conversation; but, after some debate, was admitted by the Chief Justice.
David Gilmore (of Marietta in the State of Ohio) also gave evidence relative to Blennerhasset's declarations, and endeavours to engage him in the enterprise.
Commodore Truxton's affidavit was offered to be read; but Col. Burr's Counsel wished the Chief Justice to make use of the notes he had already taken of his testimony, instead of a repetition of it in any other form.
Mr. Hay then offered to read the affidavits of Hugh Phelps, and several other witnesses, who had gone away without being discharged. To this course of proceeding vehement objections were made; and a short argument on the question took place. The Chief Justice decided that such affidavits were not admissible as legal evidence. The court then adjourned to sit again to day (Saturday) at ten o'clock; when we understand the examination of Gen. Wilkinson is to commence.
We understand, says Jackson's Philadelphia Political Register, that Gov. Clinton, of New-York, and general S. Smith of Baltimore will be candidates for the offices of President and vice President of the U. States.
The court of enquiry on commode Burr is ordered to convene at Hampton on the 5th of October, captain Alexander Murray President.
It is well known that for the means pursued by General Wilkinson to suppress Burr's Conspiracy, and to punish those concerned in it, he has obtained the thanks, the praises of some—the censure and the execrations of others. The seizure of Bollman, Swartwout, Adair and others, and their transportation to the Atlantic States, has been denounced as a measure subversive of the constitutional rights of the citizen, and as a precedent dangerous to the liberties of the people. Others again have justified the conduct of General Wilkinson from the peculiar circumstances under which he acted, and the imminent danger to which his country was exposed. New Orleans was to have been the first object of attack—it was there probably the conspirators were to gather their scattered forces, seize on the banks, plunder property, and proceed on their Mexican expedition. The agents of Burr had begun to assemble—The smooth-tongue Bollman, with eagle eye, was watching the course of events, and ingratiating himself into the good opinion of the inhabitants. Adair, Swartwout, and others, were elsewhere, acting as spies on the conduct of the commander in chief, and no doubt rummaging on the means by which they should corrupt the army, and by holding out to them the chance of plunder and of conquest, detach the soldiers from their allegiance. Wilkinson had been apprised of the intentions of Burr and his partisans—Reports too had magnified the extent of the danger, and had even once or twice stated Burr to be in full march for New Orleans. What steps then were most proper to be taken? Would it have been better to have awaited the tardy operations of the law, and thus give the conspirators time to consolidate their strength; or by one bold effort, blast at once the projects of the traitors? In this last resort, to be sure, a departure from established principles, even an abrogation of constitutional privileges, was found necessary—but was it not better to suffer partial inconvenience, than to encounter great and perhaps lasting calamities?
We were led to these reflections by perusing a letter from the officers of the American army stationed at the Missouri, to the Secretary of State, recently published. Among the names who have signed this letter, are those of Colonels Hirt, Cushing and Kingsbury. The officers declare that they have seen with horror, and felt with indignation, the various attempts which have been made to blast the character of
Gen. James Wilkinson"; that they have all been habituated to his command for many years; during which period they have seen him encountering almost every vice—generous, benevolent, and humane—his heart, his hand, and his purse is ever open and ready to succor distress and relieve misfortune—hardy, enterprising; daring and brave—he encounters obstacles with alacrity; and is most exalted when most pressed by difficulty. The ice, snow, and wintry blasts of the north; the arid sands and burning sun of the south; wilds, mountains, rivers and morasses, present no impediments to his course, where duty calls; ready to take the lead in every extremity; he never exacts from others what he is not willing himself to perform; daring, yet vigilant and cautious; he is provident in warding dangers, and resourceful in mastering them."
Such is the language used by the officers of the army when speaking of the Commander in Chief!
The officers conclude by observing, that, with Wilkinson for their leader, "they shall neither fear danger nor foresee difficulties, but shall march to battle with the assurance of victory."
(Petersburg Intelligencer.)
The revolutions in Europe by the power of France, and under the modern Alexander and Cesar, will be contemplated not only in connection and comparison with these ancient names, but in regard to the important consequences which these great men produced. If Alexander's life was short, yet the division of his conquests by his generals was in no sense a return to the former condition of the conquered nations. If Cesar gave way to the Roman empire, the successive revolutions of centuries did not restore the globe to that state in which the Roman power found it. Nothing is more difficult than to distinguish the nations, as they existed before these great conquests, by their ancient appellations. Nothing in the ages which have followed, has tended to recover the ancient state of things. How superficial, then, is it to think of retracing the steps of Bonaparte. Can we retrace the steps of ancient conquests? Can we find the bounds of Scandina- via and its tribes? Are we to hope the resurrection even of Poland itself? What parts of the history of our globe exhibit such a recovery of ancient names and boundaries? Are they in Africa, in Asia, or in Europe? And yet such is the language of men, who can pretend to see into all the calamities of nations, into all the political claims of power, and to discuss the merits of every sovereignty and every individual. Such declarations may pass upon the ignorant—they may gratify the zealots of a party, and may have the authenticity of names—but, with thinking men, they betray scanty information, hasty deduction, and a total want of critical discrimination.—Essex Register.
The subject of the dominion of the seas is now in able hands. It is not to be settled by English writers or agents in Europe or America. The great superiority of the English navy has allowed it to dictate to the world. The decisions of its own power have been called laws of nations. They will no longer hold that sacred name. Other interests than those of Britain will be consulted; and when the interest of more nations than one is consulted, we shall be sure that right will have better pleas than from a British navy. Much has been said, and much will be said to confound the American claims; to make them appear monstrous and ridiculous; to make them appear to be the policy of France, or of some distracted politician; but the Danes did not fight to support the claims of France, but to prevent the aggressions of the English. The northern alliance was not formed in favor of France. If the English have justice on their side, why do they not make their claims specific enough to be understood. Do they claim the right of search in all cases whatever? When have they said so? How far does the right go? Is it a right that cannot be defined? That may be, and may not be—as they please? It is time that the world should be alarmed at the bold strides of British power; and never was a fitter time than the present to give the lessons of wisdom. Let Britain define her claims, and let her fear to vindicate them. It is a blessing to the world, when the claims of any nation is universal oppression, that a power can be found which will expose their folly, and annihilate the power which asserts it. ib.
The result of the trial of Burr has answered the expectations of some of our citizens, but is not an event attended with much pleasure to any. Enough has been said to discover the real cause of alarm, and they who wished success to the plan, could not wish to see it end as it has from this trial. The government will undoubtedly employ every caution against future evils; and good citizens will learn many lessons of their duty from such transactions.— ib.
Bank Notes.—In an action brought in the Common Pleas on Friday se'nnight, and which involved the fact of a $501. note being stopped at the Bank, the same having been stolen, Sir James Mansfield said, "that the Bank of England had no legal right to refuse the payment of their own notes; nor was it their province to detain them from persons offering them for payment. Such a right on their parts would tend to obstruct materially the commercial intercourse of the country when the Notes of the Bank of England were universally substituted for cash; & how was every man bound to know, or in every case to enquire whether those notes, passing to him in the fair and ordinary course of his business, were or were not honestly came by? It was his Lordship's opinion, that an action would lie against the Bank, for a note so stopped."— Lord. Pap.
In the case of fire, the following is suggested to those who may be employed in its extinction: As heat and smoke ascend to the upper part of the room, a stream of pure air occupies the space near the floor, a person can crawl on his hands and knees into a room full of smoke, and by keeping his face close to the floor, he may go and
return where no person can walk upright. This method is practised by the London firemen, who have hence acquired the name of Salamanders.— ib.
The London Courier, a ministerial paper of August 6, in speaking of the affair of the Chesapeake, blames the English government for what it calls its moderation, and says, "We have carried moderation almost to meanness." It then scouts the idea of hostilities on the part of the American Government, and says, "Two fifty gun ships would "burn, sink and destroy the whole American navy." As those two fifty gun ships must come within our waters to attempt it, the event would be, the event would be, they would never get back.
A Gallant Naval Officer who has a large command in the Gun Boat Navy said to the writer of this, that with fifty Gun Boats he would defend the Harbour of New-York, against all the ships of war England could send against it.
This opinion of his will stand examination. Not more than ten or twelve ships of war at most can pass the Narrows abreast of each other, and they will be raked fore and aft by several hundred shots from the Gun Boats while they are passing, and will have no where to go to repair the damage they will sustain.
As to the stupid and cowardly project of Blocks, it is, I find, given up. It never was advocated by any body but cowards. (Pub. Adv.)
We have now assurances that the surrender of Stralsund to the French, has been obtained. That the English had joined the Swedes before the action. That the action was severe; and some accounts say that the English troops have been the greatest sufferers. As this is the first time in the war in which the French have directly engaged with troops in the service of England, a particular account of the action will be more welcome, as it will discover how far the inveterate prejudices of the French and English could discover themselves in the soldiers of the two nations. It is said that the French suffered the English to land without interruption, the more surely to display their vengeance on this occasion, and that they had a serious opportunity. (Essex Register.)
MARRIED—On Thursday the 17th inst. by the Rev. Christopher M'Rae, Mr. ALEXANDER TRENT, of Cumberland county, to the amiable Miss MARY WILSON, eldest daughter of Mr. James Wilson, of Buckingham.
—On Tuesday evening last, ALEXANDER M'Rae, Esq. Lieutenant Governor of this Commonwealth, to Miss NANCY HAYES, of this city.
DIED—Yesterday morning the Rev. JAMES COWLAND, of this city.
Pursuant to a deed of
trust from Moses Davis and Mary, his wife, to the subscriber, dated on the 4th day of March last, to secure the payment of $445 dollars, due, or owing from said Moses Davis to Prosser and Moure, assignees of Pleasant Younghusband; on Wednesday, the 23d day of this month, on the premises, will be offered for sale to the highest bidder, for ready money, all that
Lot and parcel of Land, Lying and being in the county of Henrico, contiguous to the city of Richmond, being the same LOT and parcel of LAND, conveyed by Richard Adams and Elizabeth, his wife, to said Moses Davis by deed, dated 2d day of March, in the present year, beginning and running on the road or street, leading from the Market house, in the city aforesaid, to Du Val's Village, north 4 1/2 deg's, west 4 chains and 32 links, to a street forty feet wide, dividing said lot and parcel of land, and the lot formerly William Cannon's, now John Doyle's, and binding on said street, north 89 deg's, east, 4 chains and 94 links to the corner of the said street; thence on the back street, south 4 1/2 deg's, west 4 chains 32 links to a corner street 60 feet wide next towards said city, and binding on said street, south 89 deg's, west 4 chains, 36 links to the said road about the beginning, with the buildings and improvements thereon, consisting of
A Large Framed House, Making three TENEMENTS—Or so much of said premises as will raise the one third part of the aforesaid debt or sum of money, say 1148 dollars, 33 1-3 cents, with interest thereon, from the 4th of this present month, and the charges and expenses attending the sale. The sale will commence at or after 10 o'clock in the morning.
Geo. Wm. Smith.
City of Richmond, Sept. 11, 1807.
N. B. Sales of a part of the above described property, were made on the 23d inst. amounting to $505 dollars only, and leaving 645 dolls. and 33 1-3 cents, beside interest yet due; to raise which, with the interest and charges, a further sale will be made of the whole, or so much of the property remaining unsold, as may be necessary. This sale will be made upon the premises, on Tuesday, the 6th of next month, and will commence at 4 o'clock, P. M.
Geo. Wm. Smith.
City of Richmond, Sept. 23, 1807
THE CELEBRATED ENGLISH HORSE,
SIR HARRY.
(THE Handsomest & one of the best Sots of Sir PETER TRAZLE, unquestionably the best Stallion in the world.)
WILL STAND, the ensuing season, at Col John Moskowsky's, in King and Queen com.—about 40 miles from Richmond—7 from Dunkirk, and 12 from Tappahannock
Wm. Haxall.
Petersburg, Sept. 22, 1807.
French Evening School.
WILL be opened on Thursday the first of October next, and continued every evening from five till nine o'clock, on the Main Street, in the upper part of the house at present occupied by Carter B. Page, esq. For terms apply to Anthony Peizer, teacher of the French language, at Doctor Haller's Academy, in Richmond. September 25, 1807.
Sales at Auction.
ON Wednesday, the 30th inst., will be SOLD, without reserve, on a credit of thirty days—2 Bales of BULL FLANS, Darnsatt, Foster & Satchell.
Sept 23, 1807.
Auctioneers.
At Private Sale.
NEGRO COTTONS White, Green, Brown and Blue Duffles Sagathys and Kenneys, in bales Coarse Cloths, Flannels and Rose Blankets, A great variety of Muslins, India and German Goods, &c.
Also—
Brown Sugar, in hds. Cognise and Apple Brandy Hollands and Country Gin Northern and Mountain Whiskey Molasses Havana Cigar London Particular Madeira Wine Black Pepper Bar and Rad Iron Northern Candies and Soap, &c.
Darnsatt, Foster & Satchell,
Auctioneers.
Sept 23
TAKEN by the subscriber living in the county of Cumberland TWO EXTRAYS. The one a BRINDLE COW, about nine years old, without any mark, or brand; appraised at nine dollars. The other a RED COW, about eleven years old, with a crop in the left ear, a slope in the under part of the right ear and both horns sawed off; appraised at eight dollars; Jerman Baker.
Woolville, 12th September 1807.
3tw.
PROPOSALS,
FOR PUBLISHING BY SUBSCRIPTION,
A REPORT OF THE
TRIAL
OF
Col. Aaron Burr,
FOR
HIGH TREASON,
In the Circuit Court of the United States, held at the City of Richmond, in Virginia, in the Summer of the year 1807.
TAKEN IN SHORT HAND.
By DAVID ROBERTSON,
OF PETERSBURG.
THIS publication will contain a correct and full statement of the documents in the cause, the arguments of counsel, and the opinion of the Judges on the different points discussed, including the preliminary and interesting proceedings which occurred before the Grand Jury were sworn, and while they were in deliberation.
It will consist of two volumes, bound in boards, of which, the precise number of pages cannot yet be ascertained, as the trial is not finished; but the price will not exceed fifty cents for every hundred pages; it will be less if it can possibly be afforded. It will be put to the press as soon as possible. The first volume will be ready to be delivered in two, and the second in four months from the termination of the trial, and sooner if it can be accomplished. It is essential to a correct execution of the work, that it should not be too hastily published. The price must be paid on the delivery of the first volume.
The arguments of the counsel will be detailed verbatim as uttered—as also the opinions of the Judges—except where they were read in court in which cases, they will be published as read and furnished by themselves.
To all persons capable of reading and understanding, this trial, the most important that has ever yet taken place in America, will be amusing and interesting; and to the lawyer, politician, and man of general information, it will be particularly gratifying and useful; as comprehending a valuable treatise on legal subjects, especially High Treason.
Mr. ROBERTSON, with some inconvenience to himself, undertook this publication at the earnest request of many respectable gentlemen, and in compliance with what he conceived to be a very general desire. The applications to him were induced by a wish, to have a faithful and correct statement of the proceedings. His known skill and experience in this art, his strict impartiality in former publications, and his legal and literary knowledge, warrant the belief, that the utmost confidence may be put in the ability and accuracy of his report.
To the foregoing will be added, the subsequent proceedings against Col. Burr. His trial for a misdemeanor—for preparing an expedition against Mexico—and the motion to commit him, in order to send him to Kentucky to be tried for treason said to be committed at the mouth of Cumberland river.
NEW BOOKS,
Just received at this Office:
The Tocsin, or the Call to Arms! An Essay; being an enquiry into the late proceedings of Great Britain, in her unjustifiable attack upon the liberty and independence of the United States of America.
Simple Tales, by Mrs. Opie, 2 vols.
A New System of Domestic Cookery, formed upon principles of economy, and adapted to the use of private families.
Wonders of Creation, Natural and Artificial; being an account of the most remarkable Mountains, Rivers, Lakes, Cataracts, Mineral Springs, Miscellaneous Curiosities, and Antiquities in the known world—compiled from Geographers, Historians, and Travellers of the greatest celebrity, in 2 vols. by D. R. Preston, author of the Juvenile Instructor, &c.
The Wanderer of Switzerland, and other Poems; by James Montgomery.
The Fashionable World Displayed.
An account of the life and writings of James Beattie, L. L. D. by Sir William Forbes.
Memoirs of Dr. Joseph Priestley, to the year 1795, written by himself; with a continuation, to the time of his decease, by his son, Joseph Priestley; and observations on his writings, by Judge Cooper, and the Rev. W. Christie, 2 vols.
Elements of Useful Knowledge, containing a Historical and Geographical account of the United States; also, the Empires and States in Europe, Asia and Africa, with their Colonies; to which is added a brief description of New Holland, and the principal islands in the Pacific and Indian Oceans, for the use of Schools—by Noah Webster, 3 vols. price one Dollar and Twenty Five Cents.
Letters to a Young Lady, on a course of English Poetry—by J. Aikin, M. D.
Essays in a Series of Letters to a Friend—by John Foster, 2 vols.

NOTICE. The Partnership of M'CAY & COWAN , was this day dissolved by mutual consent. Those indebted to the firm are requested to make payment to William M'Cay, and those having claims against the firm, are requested to render their accounts to him for settlement. Wm. M'Cay. W. Cowan. Sept. 14. 1807.
A House and Lots FOR SALE THE subscriber offers for sale three valuable LOTS OF GROUND in the city of Williamsburg; on which there is a large and commodious dwelling house, (containing eight good rooms, and two large passages) together with a good garden, a stable, and all necessary out-houses for the use of a genteel family. Any person desirous of purchasing will please apply to William Munford, Esq. of this city, who will make known the terms of sale, and is authorized to conclude the bargain. Possession will be delivered to the purchaser on the 10th day of January next. Anna Byrd. Richmond, September 12, 1807.
FOR SALE, THAT most beautiful and healthy situation, known by the name of HALLSBOURGH , or HALL'S STORE , lying on the Buckingham road, seventeen miles above Manchester. Also another valuable TRACT OF LAND , in the lower end of Powhatan county, containing two hundred acres more or less, with good improvements, and there is no doubt of a great quantity of COAL being on this land. The subscriber will give a great bargain in the sale, as he wishes to move to the Western country. For terms apply to ZACH'Y HALL. August 25th, 1807.
FOR RENT, AND possession given on the 1st day of Oct. three large and convenient Rooms, fronting the street, in the upper part of the house at present occupied by Carter B. Page, Esq. These rooms are well calculated for offices and may be had on reasonable terms. Also the cellar under the store of J. W. Dennis, & Co which has lately been fitted up as a store and is rendered more comfortable than usual, there being a good plank floor. For terms apply to Benjamin Dennis. Richmond, August 20th, 1807.
Notice, THAT by virtue of a deed of trust made to us, we shall on Saturday the 26th day of September next, before the front door of the Eagle Tavern in this city, expose to sale for ready money, to the highest bidder, one certain piece or parcel of GROUND, situated in this city, at Rockets, being a part of Roper's Tenement, as it is generally denominated, and which is more particularly described in the aforesaid deed executed by Richard Young to us, and duly recorded in the Hustings court of this city, or so much thereof as shall be sufficient to pay and satisfy Byrd George the sum of 400 dollars, with interest thereon from the 10th day of May 1807, and the costs and charges attending the execution of this trust. Wm. McKim, } Trustees Wm. Marshall, } Richmond, 27th, Apr. 1807.
PRICES OF Nails, Brads & Sprigs, MANUFACTURED at the Pententiary, and for sale by NICHOLAS HALLAM , agent for the Commonwealth, a few doors above the Swan Tavern, Richmond.  CUT NAILS. Wholesale. Retail. 3d. 12 1-2 cents. 13 1-2 cents per pound. 4d. 11 1-2 12 1-2 6d. 10 1-2 11 1-2 8d. 10 11 10d. 9 1-2 10 1-2 12d. 9 1-2 10 1-2 20d. 9 1-2 10 1-2  CUT BRADS. 8d. 9 1-2 10 1-2 10d. 9 10 12d. 9 10 20d. 9 10  WROUGHT NAILS. 3d. 12 13 1-2 4d. 11 1-2 12 6d. 11 12 8d. 11 12 10d. 11 12 12d. 11 12 20d. 11 12 Spikes of all sizes the same price as 30d nails.  CUT SPRIGS. 4d.—50 cents per thousand—4d. 67 cents per thousand—6d. 84 cents per thousand. Also, for sale as above, a variety of Plantation Utensils, such as Plough-irons, Marrow-tongs, Axes, Wedges, Chains, &c.
SHOES Of all sizes made of the best materials, may be had on the most reasonable terms. Where also may be had a general assortment of well chosen GROCERIES. May 18, 1807.
Five Dollars Reward. STRAYED or Stolen from the subscriber on the 21st inst. two Mules, to wit: one black stud Mule, shod all round, with a switch tail, no other mark recollected. Also one mare Mule, of a bay color, with the end of her tail cut off only shod before, I believe rather poor. Whoever will deliver the said Mules to the subscriber in the city of Richmond, or give such information as shall get them again shall receive the above reward. JOHN TINSLEY. Richmond, June 24th, 1807.
THE ten Legatees in- titled to LAND, under the Rev. Mr. Hunt's will, are desired to meet the 1st October, at the Green Springs, to empower some person to apply to the Court of Ohio and Kentucky, to have the Lands divided between them. Robert Morris. Lewis, August 26, 1807.
Super-Royal Printing Paper. One hundred reams Super-Royal PRINTING PAPER for sale.—Apply to the Printer. Sep. 19.
TOMPKINS & MURRAY, ARE now receiving from on board the ship Herschel at City Point, a large and general assortment of  Liverpool GOODS, Selected and assorted to accommodate country merchants. They are also in daily expectation of receiving by the ship Globe , an assortment of Liverpool GOODS . The whole will make a very full and complete assortment of USEFUL GOODS, which are determined to sell by wholesale on very liberal terms. They will open in a few days in the house at present occupied by Bohn and Hubner, nearly opposite the Post Office. Richmond, 31st August, 1807.
TO BE RENTED, And possession given in ten days; FOUR large, elegant and commodious STORES, in the most central and busy part of this City. To them are attached elegant, airy, and extensive accommodations for the families of the tenants. JOHN MAYO. June 20.
FOR SALE, MY LANDS in Cumberland county, lying on Appomattox river, joining the lands of Messrs. William & George Skipwith; this land is equal if not superior to any land in Cumberland county, on James river, it contains 607 acres, one half of which is covered with fine timber of every description. There is on this land a decent dwelling house, and between four and five hundred bearing apple trees of choice fruit. One third of the money will be expected when a title is made, the other two thirds may be divided into two annual payments. Mr. Jermain Baker or Mr. William Skipwith will show the land to any person wishing to become a purchaser. FRANCIS EPES. Chesterfield, June 3, 1807.
FOR SALE, Opposite Colonel Mayo's new Buildings, 4th, 3rd and 2nd proof Antigua Rum in bds. of the crop 1805—Imported early 1806. New England Rum in bds. and barrels: 1 pipe very Superior Holland's Gin Rye Whiskey in barrels Loaf and Brown Sugar in Ditto Coffee by the barrel or bag. Beef and Pork in barrels Irish Potatoes in ditto, suitable for table or planting. Potatoes Shad and Herrings, Stone Lime in large and small casks. And a general assortment of GROCERIES, &c. &c.—which will be sold low for Cash, good paper, or exchanged for country produce, by JOB GREENE. Richmond, 27th May, 1807.
Lesueur & Saunders ARE now receiving, and will constantly keep a large supply of  Bar-Iron & Castings, Of superior quality. Feb. 2d, 1807.
Fifty Dollars Reward. RUN AWAY from Reuben Clopton, when living in King William county, in the year 1791, on the first of January,  A Negro Man, By the name of NEPTUNE, who formerly belonged to the estate of John Hales, dec. living then in the lower end of Henrico—he is a tall, portly fellow, stoops in his shoulders, his hair peaked up each side of his forehead, flat nose, large white teeth, draws his words when he talks, or rather talks through his nose, and has a scar some where in his face, about forty-five years of age—it is supposed he is now passing as a free man in the city of Richmond, as he thinks himself secure. There never has any efforts been made to apprehend him—he has a wife at John Hales, dec. living in the lower end of that county, and a mother—perhaps he may be harbored there. Any person, that will deliver him to William Clopton, in Cumberland, or secure him in any jail, so that I get him again, shall receive the above reward. ELIZABETH CLOPTON. Cumberland county, Aug. 14, 1807.
FOR SALE.  My tract of Land, In Powhatan county, containing between nine hundred and a thousand acres, and lying within two miles of the courthouse, and on both sides of Fine creek. This tract of land would be sold entire, otherwise laid off in lots to suit purchasers. Any persons inclined to purchase, it is expected will first view the premises—any further description is deemed unnecessary. For terms apply to the subscriber, living on the premises. SAM. BASKERVILLE. Powhatan, Jan. 4th, 1807.
TRACT OF LAND, In the county of Goochland, twenty eight miles from Richmond, and five from the courthouse, containing 505 Lg. acres. It is delightfully watered; on it are many acres of grass land, and is a fine mill seat. The growing crop will show its fertility. It will be shown and the terms made known by the subscriber when called on, who resides on the premises. I intend to offer to the highest bidder, my stock of different kinds and the plantation TOOLS, on the said farm, the first day of next month, on a credit of six months for all sums over twenty dollars. On the same day, if my land is sold, my household and kitchen FURNITURE will be offered for sale, on the same terms. I intend to Kentucky this fall and will transact business for any gentleman on commission, and thank him for his confidence. John Markham.
NOTICE. ALL persons having claims against the estate of John Sandridge, deceased, are requested to bring them forward to the subscriber duly authenticated, on or before the first day of November next, at which time a dividend of the assets in my hands will take place—Those failing to comply with this advertisement will be excluded from the benefit of said dividend. Thomas White. September 2d, 1807.
Rees's New Cyclopaedia, Is just received and ready for delivery to subscribers at this office. Sept. 12.
Advertisement. WHEREAS Chapman White of Albemarle county, did commence suit against me, namely William Wims of said county, for certain damages by him complained for in our said district court, and by the rules of said court, did obtain a judgment about the twenty second day of April last, for the enormous sum of three hundred dollars, which said judgment and costs thereon accruing—I do hereby forewarn all persons whatsoever from trading for the same, or taking any assignment for the said judgment or costs, as I am determined not to pay the said judgment either to said White, or his indorser. William Wims. Albemarle, 2d Sept. 1807.
SHAPARD & LUCKE, HAVE removed to the house lately occupied by Mr. John St. John, opposite Col. Mayo's new buildings, where they continue to keep their usual assortment. September 11.
Liverpool Refined Sugar. A FEW HOGSHEADS OF  Liverpool Refined Sugar, FOR SALE BY Tompkins & Murray. September 13.
NOTICE. Messrs. Robert King, and Charles Crough, and Robert King, James Thompson, and Thomas Ravenell, John Edie, Conrad Laub and William Davidson, Executors of James Short, dec.— TAKEN NOTICE, that I shall proceed to take the following depositions, at the times and places hereinafter mentioned, to be read as evidence in two suits now depending in the Chancery Court for the Richmond District, in which I am plaintiff and you are the defendants, to wit: the deposition of John M. Rose and others, on the 19th day of October next, at the Dwelling House of Major David Patterson, of Buckingham county—and on the 23d day of October, 1807, I shall proceed to take the deposition of Mr. John Love and others, between the hours of ten o'clock and sunset of the same day, at the house of Thaddeus Morris, at Fauquier courthouse. ROBERT H. ROSE. Sept. 17, 1807.
MATTRESSES. CAN be had on very short notice, MATTRESSES of all sizes & kinds, agreeably to order in the large corner white house, opposite the Old City Tavern, two squares below the Market Bridge—BEDS made & MATTRESSES repaired.—Horses TAILS & MANES purchased. Jno. S. Pleasants.
JOHN ALCOCK INFORMS he has just received in addition to his former stock, a general assortment of Hardware and Cutlery, amongst which are the following articles:—Cross Cut and Mill Saws, London Spring, Cast and German Hand and Pannell Saws, a Dozen sets, Compass and Tennon Saws, Saws with and without frames, Brass and Iron Chamber-door Locks, Brass and Iron Deck-Roofkeeps, Drawer and Chest Locks, Spring Latches, Japan'd and Polished Iron Thurnb Hatches, Brass Butts, Cast Iron do. 11. Hinges, Cast and Common Plane Irons, Brass Mounted Squares and Bevels, Brass Mounting for Cabinet Furniture, Curtain Knobs and Rings, Brass Escutcheon Pins, Brass Nails, Brass Dividers, Cantle Stand Knives, Bell Canks, Brass and Iron Candlesticks, Bellmetal Knives and Spic Mortars, Brass Cocks and Horse Trams, Brass Inkstands with Instruments, Hooks and Eyes, Gun Screws, Speciales and Spectacle Cases, Spring Lancets, Knives and Forks, Ivory Handle Tables and Deserts Casters, Table Bells, Table and Tea Spoons, Screw Drivers, Red Screws, Carpenter's Hammers and Pinchers, Shoe Pinchers and Knives, Slaughter Hatches, Brick and Plastering Trowels, Drawing Knives, Cooper's Axes, large assortment of Files and Rasps, Gimblets assorted, Hones and Oil Stones, Razors and Razor Cases, Watch Seals, Keys and Chains, Steel Knitting Pins, Screwplates different sizes, Brace and Bits, Combs, Ivory horn, and Iron, with and without Cases, Hames plated, do. Plated Hooks and Eyes, do. Plated all over, Plated Bridle Bits assorted, Plated Moulding, Silver Mounted Whips, Plated Curbs, a few elegant Fowling Pieces, Powder Horns, Powder Flasks, Japan'd Copper and Horn Shot Belts, Cut and Wrought Nails, Wrought Brads of all sizes, 2 d. 3 d. and 4 d. Nails, Saddler's Tacks of all sizes, & Steel of different qualities, Wire Meal, Wheat, and Lame Sieves. Any of the above articles will be sold at the most reduced prices. N.B. I still continue my Cabinet Manufacturing in the same House adjoining the Fire Insurance Office, where I have on hand a large quantity of elegant and well made Furniture. Any person wishing to purchase, I will thank them to call, and I flatter myself they will have no reason to find fault of the prices nor quality, for I warrant my work to be of good materials and well executed, and I hope from my knowledge and assiduity to business, to gain a public patronage. Also keeps on hand best quality Windsor Chairs. All of the above goods will be sold low. Richmond, August 16th 1807.
NOTICE To D. & W. Guerrant's Creditors. THAT a dividend of monies in hand will be made on Thursday, 15th of next month. The creditors are requested to attend at this place to receive their respective dividends either personally or by agents authorized to grant receipts. By order of the trustees. William Guerrant. New Canton, Sept. 10, 1807.
C. Parlascu & John M'Conachy,  CARVERS & GILDERS, In the second Tenement of Col. Mayo's new building on the Main-street. BRO leave to inform the ladies and gentlemen of Richmond, that they have on hand, an elegant assortment of Looking Glasses, Pictures, Prints, Barometers, Thermometers, Microscopes, Telescopes, Silver and Tortoise Shell Spectacles, and all other articles in their line.—Window and Bed Cornices done on the most reasonable terms.  PROFILES Cut by John M'Conachy, and painted by L. Remond, who also takes Likenesses in Miniature. Price of cutting the profiles, 25 cents; for painting them 3 dollars, and of miniatures 10 dollars. N.B. No Likeness, no pay.—Specimens of the manner of cutting, shading the hair, painting, &c. may be seen at the said store. Richmond, July 20, 1807.
United States Court, fifth Circuit, and Virginia District, May term, 1807. John and Jane Backhouse, administrators and administratrix, de bonis non of John Backhouse, deceased, unadministered by Rebecca Backhouse, deceased, and Jones, executrix, &c. of Gabriel Jones, deceased, Pits. Robert Patton, administrator, de bonis non cum testamento annexo of James Hunter, deceased, unadministered by Patrick Home, deceased, Joseph Emmer, administrator of Adam Hunter, decd. James Hunter, son of John Hunter, deceased, who was heir of Adam Hunter, deceased, and Robert Doubar, Defs.
THE defendant James Hunter, not having entered his appearance, and given security according to a rule of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this district; on the motion of the plaintiffs by their counsel; It is ordered , That the said defendant do appear here on the first day of the next term, and answer the plaintiff's bill, and that a copy of this order be forthwith inserted in some one of the newspapers, published in the city of Richmond, for two months successively, and posted at the front door of the capitol in the said city. A Copy, Teste, Wm. Marshall, Clk.
United States Court, fifth Circuit, and Virginia District, May term, 1807. John Dixon, Pits. Against, Edward Rumsey and Peter Hoffman, Defs. THE defendants, not having entered their appearance, and given security according to a rule of this court, and it appearing to the satisfaction of the court, that they are not inhabitants of this district; on the motion of the plaintiff by his counsel; It is ordered , That the said defendants do appear here on the first day of the next term, and answer the plaintiff's bill, and that a copy of this order be forthwith inserted in some one of the newspapers, published in the city of Richmond for two months successively, and posted at the front door of the capitol in the said city. A Copy, Teste, Wm. Marshall, Clk.
AT a quarterly Court continued and held for Prince Edward county, August the 19th, 1807. William Whitworth, Compt. Against, John Spaulding and his wife, John Burton John Ward and his wife, Robert Burton, Thomas Wilson and his wife, and Anderson Burton by John Reed his guardian, and Osborne Lockett, executor of James Scott, dec. Defs.
THE defendant Robert Burton, 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 complainant by his counsel; It is ordered , That the said defendant Robert Burton, do appear here on the first day of November next, and answer the complainant's bill, and that a copy of this order be forthwith inserted in some one of the public newspapers printed in the city of Richmond for two months successively, and also posted at this front door of the courthouse of this county. A Copy, Teste, Benjamin Watkins, D. C.
In King William County Court, July 27th, 1807. Christopher Tompkins, Complainant, } In Chancery. Against, Thos. Reeves & John Temple, defts. } THE defendant Thomas Reeves, not having entered his appearance and given security according to the Act of Assembly, and the rules of this Court, and it appearing to the satisfaction of the Court, that he is not an inhabitant of this country. On the motion of the Complainant by his counsel, it is ordered, that the said defendant Reeves, do appear here on the fourth Monday in November next, and answer the bill of the Complainant; and that a copy of this order be forthwith inserted in some newspaper published in the city of Richmond for two months successively, and posted at the front door of the Court house of this county. And it is further ordered that the defendant Temple do not pay, convey away, or secrete any debts by him owing to the other defendant, Thomas Reeves, until the further order or decree of this court. A Copy Teste, Robert Pollard, C. C.
At a Court of Quarterly Session continued and held for Albemarle county, the 5th day of August, 1807. John M'Coy, plf. Against, Henry Emmerson, Josiah Humble, } In Chancery. phrey & Jacob Gitt, defts. } THE defendant Jacob Gitt, not having entered his appearance and given security according to the act of assembly and the rules of this court and it appearing to the satisfaction of the court that he is not an inhabitant of this commonwealth; On the motion of the plaintiff by his counsel, It is ordered , that the said defendant appear here on the first day of the next term and answer the bill of the plaintiff and that a copy of this order be forthwith inserted in the Virginia Argus, printed in the city of Richmond, for two months successively, and posted at the front door of the courthouse of the said county. A copy—Teste, Alex'r. Garrett, d. c. a. c.
United States Court, fifth Circuit, and Virginia District, May term, 1807. Luke Tiernan, Pits. Against, Mary Brent, widow of George Brent, Daniel Brent, Robert Brent, John Cook, Parley Washington, William Brent and Robert Brent, Mary Brent and George F. Brent, infant children of George and Mary Brent, Defs.
THE defendants Daniel Brent and William Brent, not having entered their appearance, and given security according to a rule of this court, and it appearing to the satisfaction of the court, that they are not inhabitants of this district; on the motion of the plaintiff by his counsel; It is ordered , That the said defendants do appear here on the first day of the next term, and answer the plaintiff's bill, and that a copy of this order be forthwith inserted in some one of the newspapers, published in the city of Richmond for two months successively, and posted at the front door of the capitol in the said city. A Copy, Teste, Wm. Marshall, Clk.
United States Court, fifth Circuit, and Virginia District, May term, 1807. Robert Berkeley and Julia his wife, late Julia Carter, daughter and devisee of Robert Carter, deceased, Pits. Against, George Carter, acting executor and devisee of the same Robert Carter, Priscilla Mitchell and Robert Mitchell her husband, Betsey Elandon Ball and Spencer Ball her husband, Harriet Lucy Maud, Sarah Fairfax Chinn, John Tasker Carter, Sophia Carter, Harriet Peck, John Peck, Emanuel Peck, Tasker Carter Quinton, an infant, Hugh Quinton, guardian of Tasker Carter Quinton, Francis Jones, Thomas Jones, Sarah Jones, Elizabeth Jones and Jane Jones, infants by Walter Jones their guardian, Defs.
THE defendant Sophia Carter, not having entered her appearance, and given security according to a rule of this court, and it appearing to the satisfaction of the court, that she is not an inhabitant of this district; on the motion of the plaintiff, by their counsel; It is ordered , That the said defendant do appear here on the first day of the next term, and answer the plaintiff's bill, and that a copy of this order be forthwith inserted in some one of the newspapers, published in the city of Richmond for two months successively, and posted at the front door of the capitol in the said city. A Copy, Teste, Wm. Marshall, Clk.
TO BE SOLD, On the premises, on Monday, the 16th day of November next, a  Valuable Tract of Land, In Cumberland county, containing about seven hundred acres, whereon Nathaniel Carrington formerly lived, supposed to be equal in quality to any high lands in the county—subject to the life estate of Phebe Carrington, widow of Nathaniel Carrington, dec. Also,
Eight Negroes, To wit: Billy, Peter, Amy, Creacey, Milly, Sucky, little Amy, and Lucy, or so much thereof as shall be sufficient to pay and satisfy the sum of eight hundred and twenty pounds, with legal interest thereon, from the 1st day of August, 1806, till paid, with all contingent charges attending the sale and securing the payment of the aforesaid debt and interest, agreeable to a deed of trust from James Pittman and Heningham, his wife, made to us, for securing the payment of the above sum to Joseph Brackett, JESSE MICHAUX, } Trustees. SAM'L. HOBSON, } Cumberland county, Sept. 5th, 1807.
Land and Negroes FOR SALE. WILL be offered for SALE, on the premises, to the highest bidder, on the 24th day of November, (if not previously sold) the TRACT OF LAND wherein the subscriber resides, lying in the county of Prince Edward, on the waters of Buffalo. Containing between 2500 and 3000 acres; a considerable portion of which is valuable CREEK LOW GROUNDS , well adapted to the culture of Tobacco, Corn and Grass. Persons wishing to purchase, will apply to the sub scriber on the spot. ALSO FORTY NEGROES , of different ages and sexes. One third part of the purchase money will be demanded on the day of sale, and the remainder to be paid in twelve months from that date. Bond and security will be required, bearing interest from the date, if not punctually paid. At the same time and place, the Imported Horse
MUFTI, Will be offered for sale on a liberal credit, and if not sold, will be farmed out for the ensuing season. Richard K. Randolph. N.B. The terms on which the land is offered, will be made known on the day of sale. September 11, 1807. oafs wo, epN.
Royster & Bohannan, Respectfully inform their friends and the public generally, that they have just received a general assortment of  GROCERIES, Which they will sell low for cash, country produce, or good notes at sixty days— —AMONGST WHICH ARE— Brown Sugar in hds. & Tumblers, pint and half pint Loaf Sugar in do. do. Decanters, quart and pint Jamaica } RUM } Leiper's Snuff Antigua } } Window Glass N. England } } London Mustard Best Cognac Brandy } } Rice Holland Gin } } Copperas Country do. } } New York Candles Madeira } } Ginger Sherry } } Spice Malaga } } Pepper Dry Lisbon } } Queen's Ware in Hibbert's } } crates, assorted Stout and Porter } } New York Soap Writing Paper } } Imperial & } TEA Brown do. } } Hyson } Nutmegs } } Best Green Coffee in Indigo } } bags Allum } } Sack Salt Salt Petre } } Cotton and Wool English Gun Powder } } Cards, by the box, Shot, assorted } } assorted. Richmond, April 1, 1807.
TO BE SOLD, For ready money, to the highest bidder, on the 5th day of October next, before the court house in the city of Richmond, it being Henrico court day, all the interest that Thomas E. Pleasants a bankrupt, had in the estate of Thomas Pleasants, dec called, HALEIGH , lying on James river, in the county of Henrico, and distant from Richmond about 15 miles. Also all the said bankrupt's interest that he owned in another TRACT OF LAND called BAILEY'S , adjoining Ross's mill, in said county. His claims to those estates having been given up under a commission of bankruptcy for the benefit of his creditors. Further particulars will be made known on the day of sale.
LIGHTFOOT JANNEY, Assignee for the creditors. September 7th, 1807.
GENTLEMEN who have been so good as to receive subscriptions to the SECOND VOLUME of the REVISED CODE OF VIRGINIA LAWS, now in the press, are respectfully requested to return the subscription papers to the publisher by the first of November next; on which day the subscription, at the present price, will be closed.