The enquirer (Richmond, Va.), 1807-10-20 00:00:00

The Enquirer.
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE POST-OFFICE.....AT FIVE DOLLARS PER ANNUM.....(PAYABLE IN ADVANCE.)
VOLUME 4.]
RICHMOND, TUESDAY MORNING, OCTOBER 20, 1807.
[NUMBER 47.]
VIRGINIA BANK STOCK.....102.
Richmond Prices Current.
Table with 3 columns: Item, D., C. Rows include TOBACCO, WHEAT, FLOUR, CORN, BACON, BAR IRON, HEMP, WHISKEY.
AT CITY POINT FOR ROTTERDAM,
The good fast sailing copper-bottomed Ship, RUSSELL, Capt. TABER, Now on her second voyage, is in complete order for the reception of cargo...
MR. LE TELLIER, DENTIST,
Has returned to RICHMOND, and will remain in the place a few weeks. CONTINUING to practice in the different branches of his profession...
At a Court held for Henrico County, at the Court House, the ninth day of September, 1807. Joseph Wheatley & Company vs. George Duncan and Lamart Joseph.
A City. T. R. ADAM CRAIG, c. c. Sept. 22.
In King William County Court, August 25th, 1807. Lawrence Muse, Comp. vs. Thomas Reeves and John Temple.
THIS day came the complainant by his counsel, and the defendant, Thomas Reeves, not having entered his appearance...
THE HALLERIAN ACADEMY, IN THE CITY OF RICHMOND. SINCE the last advertisement, a Society has been formed...
WILL BE SOLD. By the subscriber, at Public Auction, on Monday the 2nd day of November next, on the plantation called Windsor...
D. DORRINGTON. On the same day will be rented, for one year, commencing on the first January next.
TWO thirds of the said Plantation called Windsor. The Tenant will be allowed to sow wheat immediately...
SAMUEL GREENHOW, agent for Wm. Langborn, Esq. of W. Danbridge, dec'd. RICHMOND TURNPIKE COMPANY.
As a meeting of the Directors of the said Company, on Saturday the 10th of October, 1807—RESOLVED, That all shares of delinquent stock...
THE business hitherto carried on under the firm of Robert Gordon & Co. will hereafter be conducted under that of GORDON, TROYES, & Co.
They have received their FALL GOODS, SUPERFINE Cloths, Linens for Waistcoats, and Kerseymeres, Fine Irish Linens, Very fine Plaids, Hardware and Cutlery.
NOTICE
Will be sold, on Thursday the 5th Nov. 1807, in the Town of Danville at the Dwelling-House of the late Jephth C. Brown, all his Estate, consisting of HOUSEHOLD and Kitchen FURNITURE...
TWENTY DOLLARS REWARD,
Will be given to any person, who will deliver to me, in the County of Orange, or secure him in any jail, so that I get him again. A NEGRO fellow named LEWIS, who ran away about the 1st of July last...
WILLIAM MURPHY, Trustee.
By virtue of a deed of trust, executed on the fifth day of May last, to the subscriber, by Frederick Jones and Richard Carter, for the purpose of securing certain debts...
FALL GOODS.
KIRBY, DRAKE & TAYLOR, Are now receiving by the ship ROLLA from London, A LARGE AND HANDSOME ASSORTMENT OF FASHIONABLE GOODS.
EDUCATION.
A PERSON who for many years has been engaged as an Instructor of Youth, wishes to undertake the same line of business for the ensuing year, in a healthy situation.
NOTICE.
THAT A PETITION will be presented to the next General Assembly of the Commonwealth of Virginia, praying that the right of the Writ Common Pleas...
NOTICE.
ALL those having claims against the Estate of the late Wm. F. All, are requested to bring them forward, on or before the 15th Nov. next to the Subscriber, properly authenticated...
In King William County Court, August 25th, 1807. Landon Carter, Comp. vs. Thomas Reeves and John Temple.
THIS day came the complainant by his counsel, and the defendant Thomas Reeves, not having entered his appearance...
THE SUBSCRIBERS
HAVE JUST RECEIVED A SUPPLY OF COLOGNE MILL-STONES, OF DIFFERENT SIZES, WHICH will be disposed of for Cash or approved negotiable Notes at 60 days.
NOTICE.
ANAWAY from the Subscriber, living in Granville County, North Carolina, on the 13th inst. a likely bright mulatto slave named BILL, about 20 years of age.
NOTICE.
THE Co. Partnership of John Lackland & Co. is this day dissolved. All those indebted to said concern, will please come forward and settle their accounts.
THE Subscriber intends keeping an assortment of GOODS, suitable to the season.
JOHN LACKLAND, SAYMER SCOTT. FALL GOODS. RICHARD BROOKE, Has just received an elegant assortment of GOODS, calculated for the ensuing season.
EDUCATION OF YOUNG LADIES,
AT WILLIAMSBURG. MR. ANDERSON'S Institution for female improvement, will be opened this season, under circumstances that cannot fail to interest parents who have Daughters to educate.
FALL GOODS.
TOMPKINS & MURRAY, Are now opening the Headquarters Post Office, lately occupied by Messrs. John & Hubner, an extensive assortment of fine GOODS, received by the ship Calpe from London.
WILLIAM TEMPLE,
Has received by the ship Hershell from Liverpool and Calpe from London, An extensive supply of MERCHANDIZE, suitable to the present and approaching season, which he will sell low.
Europe.
LONDON, August 21.
COURT OF ADMIRALTY.
THE BRIG FRIENDSHIP.
This was the case of the American ship carrying a number of French military and marine officers, and men from Baltimore to Bordeaux, reported in our paper of yesterday, and which stood over for France this day.
NOTICE.
THE Co. Partnership of John Lackland & Co. is this day dissolved. All those indebted to said concern, will please come forward and settle their accounts.
THE Subscriber intends keeping an assortment of GOODS, suitable to the season.
JOHN LACKLAND, SAYMER SCOTT. FALL GOODS. RICHARD BROOKE, Has just received an elegant assortment of GOODS, calculated for the ensuing season.
EDUCATION OF YOUNG LADIES,
AT WILLIAMSBURG. MR. ANDERSON'S Institution for female improvement, will be opened this season, under circumstances that cannot fail to interest parents who have Daughters to educate.
FALL GOODS.
TOMPKINS & MURRAY, Are now opening the Headquarters Post Office, lately occupied by Messrs. John & Hubner, an extensive assortment of fine GOODS, received by the ship Calpe from London.
WILLIAM TEMPLE,
Has received by the ship Hershell from Liverpool and Calpe from London, An extensive supply of MERCHANDIZE, suitable to the present and approaching season, which he will sell low.  has also the power of increasing the number of Senators to 50, if he shall think fit.  VI. Of the chamber of representatives—This consists of 60 deputies, chosen by the district diets of the nobles, and 40 elected by the towns.  The members retain their seats for nine years, but at the end of every three years, one third of the body is renewed.  VII. This section contains regulations for the meetings of the district diets, &c.  VIII. Of the division of the territory.—The duchy is divided into six departments, to each of which there is a prefet, under prefet, mayors, and a departmental council of from 15 to 24 members.  The judges are appointed by the king.  X. Of the armed force.—The standing army consists of 30,000 men. The king can call a part of this force into Saxony, but must replace them by an equal number of Saxons.  XI. General regulations.—All who have not places for life may be dismissed at the pleasure of the king, the deputies only excepted.  XII. The present imposts remain until the 1st of January, 1809. No change can be made in the organization of the troops until regulations be made on that subject by the diet.  “We, Napoleon, by the grace of God and the constitution, emperor of the French, king of Italy, and protector of the Rhenish confederacy, have approved and hereby do approve of the above constitutional act, which has been submitted to us, for carrying into effect the 5th article of the treaty of Tilsit, and which we consider as calculated to fulfil our engagements to the people of Warsaw and great Poland, by reconciling their freedom and privileges with the tranquility of the neighboring states.”  Given in the royal palace of Dresden, this 22d day of July, 1807. (Signed) “NAPOLEON.”  The Enquirer.  RICHMOND, 20th October.  TRIAL OF AARON BURR.  MOTION FOR COMMITMENT. FRIDAY, October 2.  Gen. Wilkinson's Testimony continued. Mr. Wickham demanded the production of the whole letter of the 12th of November.  Mr. Burr. The entire letter has been used against me before the grand jury. All idea of state secrets is therefore at an end; and there can be no objection to produce the whole of it in court.  Mr. Hay. I have nothing, Sir, to say on this subject.—Chief Justice. The President has certified his reasons for communicating only certain parts of that letter; and he believes that the other parts have no application to the present prosecution.—Mr. Martin. I hope the court has not already decided that point.  Mr. Burr. The only end of this conversation is to abuse Mr. Jefferson.—Mr. Martin. Sir, we shall do Mr. Jefferson no more than justice.  Mr. Burr. In such a case I ask no man's opinion, but my own. Chief Justice. I cannot assist you. Mr. Burr. Have not I a right to ask what any one said before the grand jury?  Mr. Wickham read certain parts of the extracted and furnished copy, to show that from the context of those parts, the omitted passages bore directly on the subject.—The President of the U. States might have had proper reasons on account of Gen. Wilkinson, Wilkinson, to withhold those parts, but Gen. Wilkinson himself has no right to withhold them; and if he produced the whole letter before the grand jury for the false of criminating col. Burr, he may certainly be called upon to lay it before this court.  Gen. Wilkinson begged leave to correct the expression of the gentleman about his motives. He did not produce this letter before the grand jury to criminate col. Burr, but to vindicate himself. Mr. Wickham. That is the very thing which I say. Why did he wish to vindicate himself, but to give greater effect to his crimination of col. Burr? Gen. Wilkinson begged leave to state another consideration. When he

appeared before the grand jury, he recollected Mr. Taylor of the grand jury enquired of him, whether he introduced certain papers to vindicate his own conduct, and that he replied in the affirmative; he remembers also observing to the grand jury, that certain parts of his information involved such delicate personalities, that he should not willingly give it publicity, and that he hoped, what he said would be received in confidence to which a member (Mr. Barbour) after some pause, replied, "whatever you say here, Sir, is received in confidence." Mr. Hay. Mr. Tazewell is here and will confirm that statement. Mr. Burr. Then they did a very improper thing; and I hope this court will not countenance such a proceeding. The gentlemen must be mistaken, Sir. The grand jury could not thus receive secret information. Mr. Hay observed, that gentlemen acted very precipitately in condemning the grand jury unheard; and appealed to Mr. Tazewell for what he knew on this subject. Mr. Burr. They have no right to introduce a witness now, when we have one under examination. Mr. Wirt. Suppose, that when the grand jury was thus charged by the accused or his counsel, they had a right to appear in vindication of their own conduct. Mr. Burr. That may be a pleasant occupation to the court hereafter. But at present we have a witness under examination.
After a long and desultory argument, The Chief Justice determined that the correct course was, to leave the accused all the advantages which he might derive from the parts actually produced; and to allow him all the advantages of supposing that the omitted parts related to any particular point. The accused may avail himself as much of them, as if they were actually produced. Mr. Wickham. We shall then insist in the course of argument, that our suppositions if not disproved, must be received as evidence. Mr. Martin. And I shall take the liberty of stating what is actually contained in the omitted parts of the letter. For I know what they are. Mr. Wirt. Mr. Martin, Sir, is privileged to say what he pleases of any person or thing.
Mr. Burr to Gen. Wilkinson. Was there not an order given by you to seize the person of Mr. Pintard? A. I have no recollection that I gave such orders; and I conclude from the circumstance of an explanation I made in the newspapers that I did not. Mr. Burr. I have seen an order said to have been from you, for seizing him? A. I do not recollect it; but if any such is shown to me, I am certainly confess it. Q. Did you give any orders to arrest Daverzac? A. I gave general orders only. I stationed a guard about two miles above New Orleans to stop boats and persons. Q. What were the orders given to that guard? A. To stop all persons descending the river. Q. And to seize papers too? A. I do not recollect. Q. Were the papers of Mr. Pintard brought to you? A. They were; but they were immediately returned.
Mr. Hay. Is it the opinion of the court, that Gen. Wilkinson is to be interrogated about all his transactions at New Orleans? I object not to hearing the truth; but I cannot consent to this sacrifice and waste of time. I believe it to be a principle of law, that when a witness is introduced by the prosecution, he is only to be cross-examined about the points of his original testimony. Is this prosecution never to end? or are we to wait to give the accused an opportunity of entrapping general Wilkinson, which they now are to be the object of these interrogatories? Mr. Wickham. It is a novel idea, just started by the gentleman. If such were the law, the prosecution need only to seize on the most material witness on behalf of the accused, examine him only as to a few points, and then dismiss him. All his evidence in favour of the accused would consequently be lost. Mr. Hay. The law is laid down in 2 Atkins. The Chief Justice overruled the objection and the examination proceeded.
Mr. Burr. What letters directed to me, did you take from Pintard or Daverzac? A. None. Mr. Burr. Did you return to those gentlemen, all the papers you took from them? A. I think I did not. But I do not recollect what part of them I retained. Mr. Burr. You have read the constitution. By what authority did you seize private papers? Gen. Wilkinson to the Court. Am I bound to answer questions which may criminate myself? Mr. Burr. To state the authority, by which he seized the papers, cannot criminate him, though the fact of seizing might. Chief Justice to Gen. W. When you discover that any question may criminate you, you need not answer it. Mr. Baker. And when he does resort to that expedient, he is to be understood as shuffling from the question, and as likely to criminate himself by his answers. Mr. Wirt. And it is also understood, that when called on in this manner, he may explain his conduct by drawing a picture of the defenceless condition in which he found New Orleans, and the necessity of resorting to such strong measures for its defence. Mr. Baker. And if he does give us a picture, it must be a true and faithful one. Chief Justice. I have stated to Gen. Wilkinson, that he is at liberty to explain the motives of his conduct.
Gen. Wilkinson. Then, Sir, I will explain and substantiate the motives of my placing this guard, and of my other measures. Here is a paper; a letter of advice from general Jackson to governor Claiborne, warning him of the approach of a large body of men to New Orleans, combined and engaged for unlawful purposes. Here, Sir, is a deposition which goes to show, that Judge Prevost, the step-son of col. Burr, saluted a public officer in the streets of Orleans, and congratulated him on the arrival of general John Adair as the second in command to col. Burr, at New Orleans. Here is a deposition of Commodore Shaw, which shows that Bradford, the printer, had reported a most terrific account of our movements in the upper country; of an armed brig being equipped, and even of 12,000 stands of arms being issued by col. Burr. These were the reasons for my taking such decided steps; and so impressed was I with the dangerous situation of my country, that if I had omitted these precautionary measures, I should have deserved the severest denunciations of the government. I was prompted by that pure patriotism which has always influenced my conduct, and my character for which I trust will never be tarred. I shall continue to defy the utmost art, fraud, deception and villainy, that my enemies can practise towards me.
Mr. Wickham objected to the production of the depositions. After a desultory argument, The Chief Justice determined that it was not correct to read them. If these affidavits had been made previous to the transactions at New Orleans, they might have been read as explanatory of the grounds of gen. W's conduct; but being taken since, they are objectionable, as every thing of that kind ought to be subjected to a Cross-Examination. Gen. Wilkinson has stated the grounds of his own conduct, and very properly; but he has no right to support his explanation by illegal evidence.
Mr. Baker. The court having disposed of the depositions, the only question that remains, relates to the letter. On this question, two points occur.—1st Whether this is a correct copy of a certain letter.—and 2dly Whether that letter was written by gen. Jackson. Chief Justice to
Gen. Wilkinson. Do you know the hand-writing of gen. Jackson? A. I know it only by comparison. I never saw him write. Mr. Wickham. Did you compare this letter? A. My clerk did; and he is here. Mr. McRae. Is it not your best belief, that this is a true copy of the original? A. I believe it to be a correct copy. Mr. McRae. Did not this letter form the ground, in part, of your conduct? A. It did certainly influence my conduct. Mr. Wickham objected to its being read, because it was only proved to be a true copy by the general recollection of the witness. Some desultory discussion ensued. Chief Justice. Both sides admit, that it is immaterial whether general Wilkinson's impressions of the state of New Orleans were actually true or false. Both sides admit, that he may produce any letter, which is verified by himself. But this copy is not proved by him to be a true copy. There is no objection to gen Wilkinson's stating the contents of this letter; but that statement cannot be confirmed by the copy that is offered.
Mr. Wickham. There is one thing more to be considered. The court has not come to any positive decision as to the letter of 12th Nov. If gen Wilkinson does not produce the omitted parts, by the rules of evidence, we are at liberty to state and to use them, until they are disproved. Gen Wilkinson may, if he pleases, produce the whole letter at any subsequent period. Mr. Hay. The President of the United States has prescribed the course which should be pursued. It is he, and not gen Wilkinson who withholds the omitted parts. Is it fair then that the opposite counsel should supply those omissions as they please, and that their suppositions should be received as evidence? Chief Justice. I have already decided this question. It is certainly fair to supply the omitted parts by suppositions, though such ought not to effect gen Wilkinson's private character. If this were a trial in chief, I should perhaps think myself bound to continue the cause, on account of the withholding the parts of this paper: and certainly cannot exclude the inferences which gentlemen may draw from the omissions.
Gen. Wilkinson. I have to offer, Sir, a letter from James L. Donaldson, which Mr. Martin called for yesterday. Mr. Martin. This is on an extract. Gen. Wilkinson. I had no other. Mr. Martin (returning the paper.) We take an extract. Mr. Wirt (in an under key.) Unlets it be of materiality.
Gen. Wilkinson. I have also another paper. It is the extract of a letter from Mr. Covington, showing that the cypher was invented in 1794. Mr. Wickham. Did you ever use these cyphers or any of them or any other cypher, in correspondence with the Baron Carondelot? A. No. But I must reflect on that question before I answer it decidedly.
COMMODORE SHAW. Mr. Wickham. For what is Commodore Shaw introduced? Mr. Hay. To authenticate the copy of the letter from Gen. Jackson to gov. Claiborne, shown to general Wilkinson. Com. Shaw. I recollected to have seen the original. Mr. Wickham. You will please, Sir, to state its contents.
Com. Shaw. Governor Claiborne sent his servant to me with an invitation to dinner; adding that he wished to see me on public business. I was unable to wait upon him that day; but I saw him on a subsequent day, when he took a letter from his pocket and showed it to me. It was a letter from general Jackson to himself, and had been thrown into the office by some anonymous person. This letter gave gov. Claiborne a strong suspicion of gen. Wilkinson and reminded him of the 10th of March, and insisted upon the necessity of placing New Orleans in a state of defence. Chief Justice. When was this? A. Some time in December. Chief Justice. Did report convey any information of troops approaching New Orleans? A. Yes. Every day in December and January rumours were arriving of the movement of troops on our S. W. frontiers; and my impression was, that every thing should be done for the safety of the city; and that if gen. Wilkinson had not taken the measures that he did, he would have deferred censure.
Mr. McRae (looking in the letter in his hand) Do you recollect whether general Jackson recommended in his letter, that the governor should use every possible means of defence? Mr. Wickham objected to putting questions from the letter. Chief Justice. You must not, Sir, take the letter in your hand, and propose questions from it. It is really of no consequence whether the letter was read or not. No doubt the substance of it has been stated. Mr. McRae. Have I no right to read over the letter, and afterwards to interrogate the witness as to its substance? It is my object, I confess, to draw out the substance of the original letter. Mr. Wickham. In that letter were there not strong suspicions expressed against gen. Wilkinson? A. There were. Mr. Wickham. I should suppose then, that gen. Wilkinson might have easily judged from that circumstance, of the correctness of the rumours which were circulated about col. Burr.
Mr. McRae. State, Sir, what you know of these transactions? A. The alarm at New Orleans in December and January was very considerable. We did not know when the enemy would advance upon us. There was an apprehension of an attack by sea, and I was then authorised to purchase a large ship, to be stationed at the Balize. The gun-boats which had been ordered to enter Lake Poychartrain, were commanded to take a different position. Some time after, there was a report, that a fleet under English colours were actually cruising off the mouth of the Mississippi, and this increased the alarm. Mr. Burr. Was it a fact or not, that this fleet was there? A. I do not know. Such was the report and it was brought up by a packet which comes up weekly from the Balize. It was not said to be a fleet of merchantmen but of ships of war. The report was, I believe, on the compting-house books. Mr. Bradford, the printer, also made a communication to me on the 8th of January, which produced a considerable effect. He informed me that he had spent some time in the city of Washington and Philadelphia; and from Philadelphia he had travelled to Pittsburgh; and from thence proceeded to New Orleans; that he had seen a number of men under arms at the mouth of Cumberland river; two gun-boats building, which the men at work on board told him would be delivered up by col. Lyon to col. Burr; besides a number of small arms, and a 24 pounder, ready to go aboard, and that this flotilla was to be under the command of capt. Talbot. Mr. McRae. Did this information reach gen. Wilkinson? A. Yes. I told him of it, myself. The communication was made in the company of Mr. Hynes and major Spence. Mr. Wirt. What was the situation of New Orleans at that time? was it in a condition to defend itself against any attack by sea? A. It was in a very defenceless condition. Mr. Wickham. Were these rumours before gen. Wilkinson's arrival at New Orleans, or afterwards? A. Afterwards. Gen. Wilkinson made to me a full communication of all he knew; I dare say, a week before it was known to the public. He showed me the cyphered letter from gen. Dayton, with his signature to it. This enabled me the sooner to get my naval preparations ready. Mr. Hay. Did gen. W. give you this information under
injunctions to keep it secret, until the proper time should come for divulging it? A. He did; until he could obtain more complete information from some of col. Burr's agents then in town. Mr. Hay. Was col. Freeman then in New Orleans? A. He was.
Mr. Wirt. What was the strength of the garrison in New Orleans? A. In the upper fort there were 3 pounders, and one 24 pounder. All the guns in the lower fort were dismantled. In the upper fort there were 6 men & a corporal's guard. I am sure there were not more than 8 guns there. Mr. Wirt. What was the number of regular men in garrison? A. It was a small garrison. Generally, there were parts of 4 companies of regulars there. What was the precise number of men I do not recollect. Mr. Hay. Did not those who were responsible for the safety of New Orleans suspect many of disaffection? A. I did suppose, that there were many in and near New Orleans who were inimical to the government of the U. S.—Mr. Wirt. Suppose an attack had been made by a fleet from below and an army from above, would the people of the city have resisted with a proper spirit? A. I thought, Sir, that the people were not as patriotic as they ought to have been. Many endeavoured to discourage the belief, that there was any danger of an attack.
Cross-Examined.—Mr. Wickham. Did gen Wilkinson show you the cyphered letter? A. Yes, in manuscript. Q. Did he show you the translation? A. He did. Q. Was it gen Wilkinson's copy? A. I do not understand it. Q. As a copy of the whole letter? A. Yes; as the true copy of the whole of the letter, received by gen Wilkinson through Mr. Swartwout. Q. Did you say there were 4 companies of regulars at New Orleans? A. I said they were not full. Q. Was there any alarm, before gen Wilkinson got down? A. None that I heard of. Mr. Wickham. Did you suspect the people of New Orleans to be disaffected because they would not believe these rumours? A. No; not for that reason. I believed them disaffected, for other reasons. Mr. Wickham. Whilst these rumours prevailed, did the ordinary commerce of the flat-bottomed boats coming down the river continue? A. It did. Q. Did the mails arrive as usual? A. They were not regular in January, I thought some of my letters were detained, and I then determined to communicate with the government by water. Q. Did you obey any orders from gen Wilkinson? A. No; our service was quite distinct. But I had orders to co-operate with gen Wilkinson; and he might send the squadron to what point he pleased.
Q. Who gave you the orders to apprehend col Burr? A. They were from government and I think from gen Wilkinson. My orders from the government have been published, and I suppose col Burr may have seen them in Natchez. The original orders are at my lodgings. Here Mr. Hay produced a copy of these orders. Mr. Burr. That is not the order, Commodore Shaw, which was published at Natchez? A. (Having read it.) The very same, Sir, verbatim. Q. Did you not see an order in the newspapers, directing my boats to be destroyed &c.? A. I did not, Sir. These orders (those in his hand) were put on the custom-house books. Mr. Burr. Was there any qualification "if attacked" in the order that was published? A. There was. Q. Was it not an order, to attack and destroy; without any qualification? A. Oh! no, Sir.
Witnesses on behalf of the accused. Littleton W. Tazewell was called to be sworn as a witness on the part of the accused.
I will, before I am sworn, that the point should be determined by the court, whether as a grand-juror, I am bound to give evidence of what passed in the grand-jury-room. I do not wish that the community or the grand-jury should lose any right they may have, by any acquiescence of mine, if by law, a grand-juror ought not to be called upon to state, what happened before the grand-jury. I submit myself to the court, and will act according to its judgment.
Chief Justice. There is no doubt but it would be improper for a grand-juror to be examined to establish facts as founded on the evidence given before a grand-jury, because the statements sworn to before them are only exparte : but as to what a witness now called upon, did say before the grand-jury, evidence may be given by any grand-jurymen to prove the consistency or inconsistency of the witness. As an individual I cannot say but I approve of the original policy of the law, which prescribed in the oath of grand-jurymen, a clause of secrecy; but when the legislature of my country have changed that law, and struck out of the oath what relates to secrecy, it proves to me that the legislature thinks differently.
Mr. Hay. This circumstance has weight. I thought we could not come to this question to day, but it involves the most serious consequences. The grand-jurymen is called to establish some change, between the statement of General Wilkinson before the grand-jury, and his statement made known in court. The court ought to hesitate, before they admit such testimony. I have been told that the reason which induced the legislature to make the alteration in the oath of grand-jurymen was this.—All presentments were to be made, on the knowledge of two of their own body, (or on other legal evidence,) and as their oath required that they should keep secrecy, it was often impossible for the attorneys who prosecuted for the commonwealth, to prosecute with effect, as they could not know the names of the witnesses, and to remove this obstacle to public justice, the clause of secrecy was struck out. If the opinion of the court be not decisively made up, I should wish to have an opportunity of reflecting on the subject, and shewing that this evidence ought not to be admitted.
Mr. Wickham observed that the legislature had no doubt well weighed the policy of the clause requiring secrecy and had determined against it; that there was no reason why they could and should not adhere to this legislative alteration—and that as to a witness, anything he had said any where, might be given in evidence against him, to shew his inconsistency.
Mr. Martin. A grand-jurymen can like any other man, prove facts known to himself, independently of what the witnesses proved before the grand-jury. Mr. Hay said that Mr. Martin did not understand him, and explained further that Mr. Henning had informed him that the legislature were induced to make the alteration in the oath, for the reasons already stated. Mr. Martin observed that the only reason that justified the grand-jury's oath of secrecy, was to prevent offenders against the laws from getting information of inquiries made against them, and escaping.—That this held no longer while the grand-jury were deliberating; it was proper to keep these proceedings secret: and that those against whom presentments were to be made, should not have notice to make their escape; but that to prevent grand-jurors from giving evidence after they are dismissed, was to lay the foundation for the most atrocious and most infamous perjuries—that any man might go before the grand-jury, and charge another who was innocent with the most intricate and enormous crimes in the world, and have him
arrested and confined, and yet remain perfectly safe and secure from any punishment for his perjury.
Chief Justice. The question as to the policy or motive of the legislature in changing the oath is different from the question before the court, which is, what is the legal effect of the change? The original policy required the oath; but as the legislature have changed it, I cannot see how the inference can be avoided, that their opinion of the policy is altered.
Mr. Wirt. If it should be discovered that in the original institution, secrecy was necessary, independently of the oath, the court would not then receive the testimony, without the consent of both parties.
After some few desultory remarks relative to referring their objection to Mr. Tazewell's testimony, Mr. Burr laid that gentlemen might submit to his testimony with a protestando—the Chief Justice again stated, that the original policy of the institution which presented the oath of secrecy being changed, The testimony he supposed must be heard, and
Mr. Tazewell was sworn. Mr. Burr. Can you state the questions you put to gen Wilkinson in the grand jury, and his answers?
Mr. Tazewell. It would be perfectly impossible to state them all, from the length of time he was under examination; but I have notes of the facts stated by him from which & my memory I may be able to answer any questions which gentlemen may be pleased to ask.
Mr. Burr. State what you recollect about the formation of the cypher.
Mr. Tazewell. There are three kinds of cyphers. The original cypher was produced before the grand jury, in order to enable them to decipher the letter received from yourself, (addressing himself to col Burr.) It is the alphabetical cypher, formed from an edition of Eutick's pocket Dictionary, now before the court; but as proper names occurred, the dictionary would not answer the purpose, and arbitrary marks were invented to represent them. The hieroglyphics, were stated by gen Wilkinson himself, without any interrogatory put to him, to have been devised by capt. Campbell Smith in the year 1794; the dictionary and arbitrary alphabet and arbitrary signs for units, were devised in 1799 or 1800.
Col. Burr. Were there any objections made as to these dates? A. There were objections as to these dates in my own mind. The cypher was formed in 1794. On the face of the cypher these words occur, "Canada, Louisiana, and New Orleans." It seemed to me a circumstance somewhat singular, that as early as the year 1794, cyphers relative to those countries, should have been adopted, when probably no individual in this country had the acquisition of Louisiana, in contemplation, as it was not purchased till some years afterwards. I asked him why he thought of a cypher expressive of that country, at that time? He said, that he could not explain the reason then, but that he would examine his papers, and would tell us. The next day gen Wilkinson, of his own accord, told us, that the treaty with Spain, about the free navigation of the Mississippi was formed about the year 1794. But he had correspondence on that subject, which was of great moment to the Western country.—That in the year 1794 he was an officer in the army which marched near Canada against the Indians, and thus therefore part of the cypher had relation to Canada. He said that the cypher might have been formed in the year 1794, 1795, or 1796; but he believed in the year 1794. He was asked whether he could be more explicit as to the time, and he gave the same answers, as he gave to-day in court. Mr. Burr. Did he assign any other reason, why the cypher had relation to this country? A. I do not recollect that he did, or whether we asked any further questions on that subject.
Mr. Burr. Did gen Wilkinson say anything about this letter to me? A. It was a subject of great interest with the grand jury to understand the cypher and the contents of the cyphered letter, after deciphering it, it excited a strong wish in them to see the latter part marked the 12th of May, referred to in it, as having been received from gen Wilkinson, by you, in the course of the correspondence between you. That wish was strengthened by the testimony of Mr. Swartwout, who said, that he had seen a letter from gen Wilkinson to yourself—that it was partly in common writing, and partly in writing in cypher.—And that the letter contained these words, "I am ready." Questions were then put to general Wilkinson, whether he had written such a letter. He answered that his impression was, that he had written one, perhaps two or three letters; that he was sure, but that his impression was, that he had written some letters. He was then interrogated as to the contents of those letters. He said he could not recollect them, but there was one expression which he wrote on that occasion, which he did recollect; and his object in writing it was, to discover Mr. Burr's real designs—that expression was, "I fancy Miranda has taken the bread out of your mouth—and I shall be ready for the grand expedition before you are." Mr. Burr. What motive did he assign for saying that Miranda would take the bread out of my mouth, and that he would be ready for the grand expedition before I would? A. He said that he had had an interview with you at St. Louis; in which you stated, that you had some great project in contemplation; but whether it was authorised by the government or not, he did not explain, nor did you then enquire. He said, that this was all the information he was possessed of, at that time, of your designs—that he was satisfied that you had some great project in view—but had not expressed what that project was; that he was therefore anxious to extract from you, your real designs. That the object of the correspondence was to develop those designs.—Mr. Burr. Did he assign any reason for wishing to develop my design? A. I do not recollect that he did, or did not; but the avowed object, was to communicate them to the government.
SATURDAY, October 3.
CHANDLER LINDSEY again called.
Col. Burr. Do you know whether Dunbaugh, after his examination, had an opportunity of seeing his deposition? A. I recollected sometime in June, he said he could recollect his affidavit given in New Orleans verbatim. He said he had a copy of it. Sometime afterwards he was in his chamber, and I was passing by or was in the same room with him, and saw him on the bed with a paper in his hand. I asked him if it was a copy of his affidavit; and he said yes. Col. Burr. Did you afterwards see it in his hand? A. No.
Mr. Martin. At what time did you see him with that paper? A. In the month of June, previous to his examination before the grand jury. Mr. Hay. Where do you reside? A. My former residence was in Connecticut. Mr. Hay. Where is it now? A. I have no fixed place; but expect to return to Bristol in Connecticut. Mr. Wirt. Is that the place of your nativity? A. Yes.
Gen. Wilkinson's testimony concluded. Mr. Martin. You offered an extract of your instructions to lieutenant Pike yesterday. Would you like to see them. Gen. Wilkinson. I have now in my hand a complete copy of those instructions. If they are admitted, I will them to be
read. [They were received and deposited with the clerk.] Mr. Martin had asked me yesterday respecting the information which major Bruff had given to general Smith and Mr. Read of the Senate. I have a copy of it. Here it is. [Mr. Martin. We only want to know when it was received? A. I do not recollect. It was dated on the 1st of March, 1807, at the city of Washington. Mr. Martin. Then it could have influence on your conduct at New Orleans. We do not want the paper. See note AA.] Gen. Wilkinson said that this same major Bruff had been summoned here as a witness by col. Burr, to take revenge, as he had alleged, for past injuries. Col. Burr asked whether this was offered as testimony? Gen. Wilkinson. No; I only offer what I can prove. Col. Burr said that if gen. Wilkinson had any further evidence to give, he would go on with it. But these appeared to be mere conversations, and he did not know whether dictated by passion or not. Gen. Wilkinson, addressing the judge. I stand here in a very complex character. On the one hand, summoned as a witness on the part of the United States; on the other, arraigned as an offender by col. Burr and his counsel. I therefore hope, that should I commit any impropriety it will be ascribed to the peculiarity of my situation.
Mr. Wickham. I asked you if you had had any communications with Timothy Kilby, and whether you had ever made any propositions to him as to an invasion of Mexico. A. I cannot charge my recollection. There was a very general idea that hostilities with Spain would certainly take place. It is possible that I might have spoken to him, as an officer of the militia, with respect to the probable force which he could bring into the field in such an event. Mr. Wickham. Have you ever made any confidential communications to him or to any other person on that subject? A. I am not conscious that I ever did.
General Wilkinson having been informed that there were no more questions to be propounded to him, addressed the judge as follows: Upon a former occasion you will recollect, Sir, that reference has been had to a certain letter of which so much has been said. That letter is designated by the words said to be used in it. "Yours post marked the 13th of May, has been received." Yet that letter has been withheld under the pretext of delicacy; while we have seen it employed in the most artful and injudicious manner to injure my reputation and tarnish my fame. Sir, I demand the production of that letter. I hope that a reputation acquired by nearly thirty years of service is not to be filched from me by the subtlety, artifice or fraud of col. Burr and his counsel. I hope, that on Monday next, you will permit me to introduce a variety of letters and documents explanatory of the insinuations and innuendoes which are calculated to implicate me as an accessory in his plans. A member of the grand jury has been brought forward to state what my evidence was, which is an additional reason why I should be permitted to explain. It was my intention to have commenced my testimony by giving a regular detail of the proceedings of col. Burr from his first passage of the mountains, but I have been advised to confine myself to a narration of the occurrences which commenced at Natchitoches. It is now my duty to go back to that period and trace col. Burr step by step.
The C. Justice said, that the court could not sit to hear anything except what related to the cause. As to the intention with which general Wilkinson had done any particular act, he had been permitted to explain, in the whole course of his testimony. With respect to what had been drawn from Mr. Tazewell, as he understood it, there was no variation between his statement and that of general Wilkinson.
The papers which gen. Wilkinson wished to refer to had as well appear before the public in any other way as through the channel of this court.
Mr. McRae said he did not know that gen. Wilkinson had gone so fully into an explanation of the various parts of his evidence as he intended. He had understood the court to say, that gen. Wilkinson might be permitted to explain himself as to any particular fact mentioned in the course of his testimony. It is the will of gen. Wilkinson, on every occasion, to explain the motives which governed him; and if in some points, he has not been so full as he intended, he hoped that the court would fill her him.
Mr. Wickham. Gen. Wilkinson must necessarily stand in a very delicate situation. Very heavy charges are brought against col. Burr, which are attempted to be established by the testimony of gen. Wilkinson. It must have been foreseen that the counsel of col. Burr, if they did their duty, would endeavour to impeach the credibility of gen. Wilkinson as a witness. But this is a common case. It is a thing which may happen in the case of every witness who is brought before the court. A witness is brought forward on whose testimony much reliance is placed. He is, of course, cross-examined; to see whether he be consistent with himself; or whether his credibility can be impeached. In the present case, I am certain that gen. Wilkinson has been treated with every degree of delicacy which the nature of the case would admit of. With respect to myself, I am conscious of having done nothing but what my duty dictated; and of having used as much delicacy towards gen. Wilkinson, as his relation would justify. We do not see the necessity or propriety of gen. Wilkinson's entering into explanations. If these are to be made, they had better be reserved for some other time, and some other place.
Col. Burr. Gen. Wilkinson has been sworn to tell the truth, the whole truth and nothing but the truth. If he has not told the truth, let him do it now; and not by his explanations, interrupt the examination of other witnesses.
Gen. Wilkinson. I have received, and have now in my possession a number of letters from col. Burr of an ambiguous nature, combining matters personal with matters political; but they contained nothing which would subject him to legal penalty or legal obstruction. I have before observed, that under the circumstances in which these letters were received, I did not feel myself at liberty to divulge their contents without the permission of col. Burr. I now ask that permission, for I feel that delicacy which others profess to feel. The letter postmarked the 13th of May has often been mentioned, and has been used to injure my character, and envelope it in doubts and suspicions. This letter, if written at all, must have been in answer to one received from col. Burr. Why has it not been produced? I challenge its production; for if it were brought forward, it would release me from all obligation to silence; and would enable me to exhibit to public view, the letters of col. Burr. Sir, I am incapable of uttering an intentional falsehood; and under the solemnity of the oath which I have taken, I have no hesitation in saying, that the declarations of that gentleman (pointing to col. Burr) that he had put the letter beyond his power and with my knowledge, is totally destitute of truth.
(AA) Washington, 1st March, 1807. Major Bruff communicated to S. and Col. Reed, That Judge Easton, (immediately after the field nom-

her of the Western World appeared, told him (Burr) that it was in his power to ruin Col. Burr, that he had told him his plans, that they were such as had made him stand an end, but he had gone so far that he could not recede. Burr told him, that he owed it to himself as an honest man to inform government. That I cannot do said E. for I am under an oath of secrecy, but you had previously taken an oath paramount to any other to your country: I cannot tell, said E. but I will communicate the whole to you; if you will come under an oath of secrecy; indeed continued he, Col. Burr told me, that he had heard of you, that he had heard you was a brave man, and sense and firmness & desired me to speak to you. I am therefore at liberty to tell you all the plans, if you will swear that you will keep the secret. Burr refused, and advised E. to go to all the men of honor and a friend to his country, or he would be afterwards repent.
FOR THE ENQUIRER.
Treason operates on the morals as the leprosy does on the body. It taints all; corrupts all; corrodes and destroys all. As the leprosy vitiates the animal system and pollutes every salubrious principle of life—So treason demoralizes the heart, poisons the fountains of virtue, and extinguishes all sense of political integrity or private rectitude.
Hard indeed is the fate of him, who having resisted the lures of corruption, sees his character assassinated by the hand of the tempter, whose seductive acts he repulsed.
The following documents are submitted to the reader without a comment:
NEW YORK, September 24.
Extract of a letter from a gentleman of accuracy and honor, to his friend in this city, dated Richmond, 17th Sept. 1807.
The following facts may be relied on, and embrace nearly all the circumstances of the horrid plot, which had for its object the death of Mr. Duncan, and the ruin of Col. Burr's reputation.
Some time between the 20th and 27th of August, Mr. Duncan, formerly one of general Wilkinson's aids, at New Orleans, and now a witness here on the part of government, discovered a plot to poison him, by mixing laudanum with his porter, of which he usually drank when going to bed. A negro man, the property and servant of Mr. D. was apprehended, committed, and confessed the fact. On further examination before a magistrate, he charged a person by the name of Kinney, as his accomplice, whom he said had invited him to the act by the promise of a reward of seven hundred dollars, and a horse, if he succeeded. Kinney, however, has never been examined, nor have the magistrates who were present at the examination and confession of the negro, taken any measures to bring him to punishment. This Kinney was brought from New Orleans by Wilkinson as a witness against Burr; and the circumstance of their being frequently seen together in private and earnest conversation, and their great intimacy, caused suspicion to attach to the General.
About ten days after the discovery of the plot, the Grand Jury for the body of Richmond summoned Wilkinson before them—but on the receipt of the summons, the general took the alarm, left the city on horseback at night, accompanied by a servant, and both armed with swords and pistols; nor did he return until the jury were discharged. Prelling private business and the indisposition of some of the members of the jury, prevented them from sitting until they could bring this prince of villains before them. And he returned to town the day after they were discharged. Duncan, in the mean time, was examined, and was the only material witness against the negro; without being able, however, from any personal knowledge, to connect him with either the General or Kinney, but gave it as his opinion, that Kinney had indicated him to this deed for the purpose of getting possession of his money, of which the negro knew nearly the amount, and where it was deposited. Some of the witnesses who swore to the intimacy between Wilkinson and Kinney described them as hostile companions; and Kinney himself, as if proud of this distinction, has frequently boasted among his companions, that he and the General were on the most intimate and friendly terms, and that they frequently went quite close together over the bottle. This intimacy and brotherly affection between them, first excited a suspicion against general Wilkinson, and made him by construction, a partner in the crime; a suspicion which he endeavored to cast upon Col. Burr, but which has recoiled upon himself, and has fastened itself so strong upon him, that he will never be able to shake it off. There is no longer a doubt who was the prime mover in this conspiracy. Wilkinson's absence when the jury were in session, was enough to fix it on him, but a recent and strong circumstance has confirmed it, and placed it beyond a doubt.
Mr. Duncan became uneasy after this attempt, and requested Col. Burr to take his affidavit, which he finally did, after Mr. Hay had agreed to admit it in court. In this affidavit Mr. Duncan states: "That he was present at New Orleans, last winter, when Wilkinson deciphered the letter, said to have been received from Burr; that he saw him erase and alter the original, and then forge a letter which he "swore on the Holy Evangelists of Almighty God, and the honour of a Soldier," was a true and faithful copy of the original. When he, Duncan, advised, and was present at the forgery and perjury." This affidavit Col. Burr has now in his possession, and furnishes, among other matters of great interest, a clue to the poisoning scene.
"The public will judge for themselves by this detail. The universal opinion here, however, is, that Wilkinson either designed to take Duncan's life to save himself from exposure, or else, by destroying Duncan, to have cast the suspicion of the catastrophe on Col. Burr. His honor and his honesty, in this affair, however, have breathed their last—He has sunk to the lowest depth of degradation and infamy, and the body of his line, like the corpse of a malefactor, is given over for public dissection."
Extract of a letter from Jonathan Thompson to his friend in this city, dated New-York, October 6. 1807.
About 1 o'clock P. M. of Tuesday the 4th October, called on Messrs. Lang and Turner at the office of the New-York Gazette—several persons being present, a few minutes elapsed, (and one or two of the persons withdrew) when Mr. Thompson remarked to Mr. Lang, he wished to speak a few words with him and Mr. Turner; Mr. Lang called Mr. Turner, and we retired from the office to an adjoining room. Mr. Thompson introduced the subject of conversation by observing—Messrs. Lang and Turner; there appeared in your paper, a few days since, an extract of a letter from Richmond respecting general Wilkinson. Mr. Lang acknowledged it. Mr. Thompson continued, I am authorized to ask of you the name of the person who handed it you for publication. Mr. Lang hesitated, and requested time to see the gentleman; Mr. Thompson remarked, that he wanted an answer to that question first, and then had another to make: Mr. Lang asked, if authorized by general Wilkinson, and was answered in the affirmative: Mr. Turner said he was of opinion that they (Lang and Turner)
were at liberty to give the name: Mr. Lang conceded, and gave the name of Robert Swartwout, who, he said, was responsible for its publication. Mr. Turner remarked, he had the manuscript about him, and felt in his pocket but did not show it, he said it was in Mr. Robert Swartwout's hand writing. Mr. Thompson then asked for the name of the author of the letter, who, Mr. Lang said, was Mr. Samuel Swartwout, Robert's brother; That at the time the extract was handed to him for publication, Mr. Robert Swartwout showed them the original letter, which he said, contained other matter. After having obtained the foregoing particulars we took our leave."
Having seen in the New-York Gazette and General Advertiser of the 24th September last, a letter from some person dated in Richmond 17th of the same month, directed to his correspondent in New-York, wherein he describes the circumstances attending the attempt made by Mr. Duncan's ser't. to administer laudanum to his master in a glass of porter; the description given by the author of the above letter, is so evidently calculated to prejudice general Wilkinson in the estimation of those who are acquainted with the circumstances, that I think it my duty to state the facts as they appeared before me, who examined the servant in my character as a justice of peace for the county of Henrico; the examination took place in the room of Mr. Duncan.
Upon being shown the tumbler glass which contained the mixture; it was evident that it was strongly impregnated with Laudanum.—Doctor Greenhow was called in, who gave it as his opinion, that it contained a great portion of Laudanum; and two gentlemen who lodged in the room with Mr. Duncan, proving the attempt to have been made in their presence by the servant of Mr. Duncan, I inquired of the servant what he had to say in his defence. After some prevarication, he confessed to have been prevailed on to do it by the officers of a man who called himself Kinney; that he said Kinney at sundry times had given him money and offered him seven hundred dollars if he would effect it, which would purchase his freedom, to which he said to have consented, but that he had not put all the Laudanum into the glass, and produced the remaining part; which was concealed under the porch of the house in which Mr. Duncan lodged; whereupon I committed him to jail, to be tried by the court of the county. He was accordingly tried in court; but Mr. Duncan having left Richmond, and the confession of the servant before the examining magistrate, being considered by the court inadmissible testimony on his trial, he was acquitted. Some days after the examination of the servant before me, I was applied to by Mr. Duncan for a warrant against Kinney, but as there were no testimony, gave that of the slave, I refused to grant a warrant.
The grand jury for the Richmond district convened about this time, and had the case of Kinney under consideration, but for the want of testimony, brought in no presentment against him.
General Wilkinson was not examined before me, because not lodging in the room with Duncan but in another part of the house, he could lay nothing as to the attempt made by the servant nor was he present at the examination, so that he could not say any thing as to the confession of the servant, consequently he was not called on by the court of Henrico, nor was he (as I understand by several members of the grand jury,) called on to give testimony before them.
Given under my hand this 3rd of October, 1807. (Signed) MILES SELDEN. City of Richmond, to wit: Sworn to before me this 7th day of October, 1807. (Signed) WM. RICHARDSON, Mayor.
Some time in the month of August last, I was informed by Abner L. Duncan, Esq. of New Orleans (then in this city) that a few evenings before, an attempt had been made on his life, with a large quantity of laudanum, which was handed him by his own servant in a glass of Porter, after he had got into bed; and that the proportion of laudanum was so great, that he discovered it before he drank. Mr. Duncan observed, his servant had confessed the fact, and produced the glass with a part of the laudanum, and said he had been induced to commit the act, by the alternate threats, persuasions and bribes of a man by the name of Kinney. Mr. Duncan appeared very desirous of ascertaining the truth of his servant's story, and expressed his strong belief, that some of Burr's emissaries were at the bottom of the attempt; for the purpose of getting clear of his testimony.
On hearing this statement, I received of Mr. Duncan the Pils containing the remainder of the laudanum, and undertook to trace from whence it came, by going to the several apothecary shops in this city. On making my enquiries, I was generally informed, the laudanum which I preferred, did not agree with that of the apothecary, for that mine was made of apple and their's of French brandy. This remark being generally made, I was struck with the distinction, and called a second time upon those who had not made the distinction; in doing so, I found but at one apothecary's (Mr. Duval's) where it was admitted their laudanum to have been made with apple brandy. On renewing my enquiries, one of the young gentlemen in the shop, remarked, that since my first enquiries, he had recollected selling, but a few evenings before, an ounce of laudanum to a man, whose name he did not know, but that he had frequently seen him since in company with a man by the name of Love, and could know him again, should he see him. At this time I had no knowledge of this Kinney, and of course could not describe him. The evening of the day of this enquiry, I was walking down the street below Doct. Duval's shop, in company with capt. Walbach, when we passed an ill-looking man, and having gone a few steps, the capt. observed, that man was Kinney, and requested of me to return to Duval's shop and get the young gentleman to say if that was the man he alluded to; I did so, and was within ten yards of Kinney when he espied the shop: the young gentleman having discovered him as he (Kinney) passed, came to the door, and was viewing him, when I came up, and before I had time to speak, he observed (pointing at Kinney) "that is the man I told the phial of laudanum to." This fame man has frequently since been pointed out to me as a witness in the charges of the United States against Aaron Burr, and by the name of Kinney. To these facts I am willing to swear, and now give them from under my hand at Richmond, this tenth day of October one thousand eight hundred and seven.
WM. PRICE. GEN. JAMES WILLINSON.
LATEST PROCEEDINGS. Thursday was wholly occupied by Mr. Wickham.
Friday was wholly occupied by Mr. McRae. On Saturday, a Mr. Power from New Orleans (who turned out to be a subject of the King of Spain), was introduced by col. Burr as a witness; by whom, (as he asserted) he intended
to authenticate certain papers, and to prove that general Wilkinson was in the habit of receiving money from the Spanish government. The avowed object of establishing this charge against the general was to impeach his credibility by contradicting some parts of his testimony, and to show that his motive for defeating the project of Burr was not patriotism, but to prevent an invasion of the territories of the King in whose pay he was himself.
The Chief Justice decided that the evidence was admissible, and that Mr. Power should be examined. He was therefore sworn, and questioned as to what he knew concerning certain correspondence between the Baron de Carondelet and Gen. Wilkinson.
Mr. Power addressed the court with respect but firmness, and declared that, being a subject of the King of Spain, he could not, without violating his duty and honour, give an account of any political transactions which the service of the King his master required to be concealed. He stated that he had come hither from New Orleans with great reluctance; an agent of Col. Burr who served a subpoena upon him having threatened him with imprisonment in case he refused; but he hoped the court would not compel him to give the evidence which had been demanded.
The counsel for Col. Burr insisted that, whether he was a Spanish subject or not, he was now within the power of the court, and ought to be compelled to disclose whatever he knew. The Chief Justice decided in their favor, and required the witness to proceed with his testimony.
Mr. Power, however, resolutely refused. Time was therefore allowed until three o'clock to consider whether he would obey the Judge or not. At that hour he came again into court; but, (Mr. Wirt being then engaged in speaking,) no notice was taken of his appearance.
Mr. Wirt began his discourse between twelve and one o'clock, but had not finished when the hour of adjournment arrived. His speech, so far as he progressed, shone with his usual fire of eloquence, and was peculiarly luminous in argument.
The court adjourned 'till Monday ten o'clock.
MONDAY, October 19.—Twelve o'clock. Nearly the whole of this day was occupied by Mr. Wirt, who concluded his able speech about two o'clock—after which Mr. Power and Mr. Swartwout were again called and examined. The evidence and arguments of counsel having been concluded, the court adjourned till this day (Tuesday) eleven o'clock, when it is understood the final opinion of the Chief Justice will be delivered.
12 O'CLOCK.—The court has just delivered a long and elaborate opinion, in which it determines, that "it would be improper to commit the accused on the charge of treason."
The conclusion of the opinion is as follows: "I shall commit Aaron Burr and Herman Blennerhassett for preparing and providing the means for a military expedition against the territories of a foreign prince with whom the U. S. were at peace. If those whose province and duty it is to prosecute offenders against the laws of the United States shall be of opinion that a crime of a deeper dye has been committed, it is not their choice to act in conformity with that opinion.—Israel Smith is not proved to have provided or prepared any means whatever and therefore I shall not commit him. If he has really offended against the laws, he may be prosecuted for the treason in Kentucky, or for the midemeanor in his own state, where, if any where, his offence has been committed."
Mr. Hay moved to have A. B. and H. B. committed for trial in the District of Ohio.
FROM THE PUBLIC ADVERTISER. OF THE JUDICIARY AND THE CONDUCT OF CHIEF JUSTICE MARSHALL.
The article in the federal constitution which establishes the judiciary is, in every sense it can be viewed vague and defective, and requires amendment. I will first quote the article and then show its defects. The article lays,
"The judicial power of the United States shall be vested in one supreme court and in such inferior courts as Congress may, from time to time, ordain and establish. The judges both of the supreme and inferior courts shall hold their offices during good behavior."
This is all the constitution says on the subject. Now it naturally and necessarily follows, that if the judges are to hold their offices during good behavior, there must be a power somewhere, to judge of that good behavior or the breach of it, but of this the constitution is silent, and herein lies its defect.
The establishment of the judiciary in several of the state constitutions is much better arranged than it is in the federal constitution. In the Pennsylvania constitution it is expressed as follows.
"The judges of the supreme court, and of the several courts of common pleas shall hold their offices during good behavior. But for any reasonable cause, which shall not be sufficient ground for impeachment, the governor may remove any of them on the address of two thirds of each branch of the Legislature."
Some other of the state constitutions, like those of New-Hampshire and Massachusetts, make them removable on the address of a majority of the Legislature, by which I suppose, is meant the joint vote of both houses. But in either case, as all other matters determinable by voting are decided by majorities, no sufficient reason can be given why judges should be higher privileged than other citizens. A president of the United States is removable by a majority of the electors and a judge ought to be the same by a majority of the representatives. But the case was, that in the federal convention and in some of the state conventions, the judiciary department was formed by lawyers, and as they might expect to be judges themselves, they contrived to make the removing of them difficult, but that difficulty does not destroy the right; it naturally resides in the sovereignty of the whole people and from them it devolves on their representatives. It would however have been better had the constitution expressed the manner of doing it, and distinguished between reasonable cause for removing a judge and conduct so very bad as to become impeachable. It is equitable to say that the same defects of character and conduct which, if known, would render a man unfit to be appointed judge, ought, if committed afterwards, to disqualify him from holding the appointment.
The conduct of judge Marshall on the trial of Aaron Burr is involved in intricacy and mystery. He has assumed too much, and acts as if he was one of Burr's council.
On the trial at London between Horne Tooke & Charles Fox for an undue election for the city of Westminster, the judge, Kenyon, frequently interrupted Horne Tooke in the information he was giving the jury respecting that election. At length Horne Tooke said, it is proper, my lord, to settle this matter before we proceed farther. There are two parties in this suit, myself as plaintiff, and Mr. Fox the defendant; and the jury when they have heard the whole case are to be judges. The duty of your lordship and the other of the court is to keep order. After this well timed reproof, Kenyon permitted the trial to go on. Judge Marshall's opinion on the motion of Burr's counsel to arrest the evidence against him is full of quibbles. "Ought, says he, the court (meaning that it ought not) to see and hear testimony, which cannot affect the prisoner, or ought the court to arrest that testimony?" To which I answer,
That until the testimony be heard, it cannot be known whether it will, or will not affect the prisoner.
either to discharge or acquit him, and therefore the court has not the right or the power to prevent its being heard.
The testimony is for the jury, and it is the duty of the court to keep order whilst the witnesses are giving their testimony. But Mr. Marshall assumes to judge of testimony before he hears it, he invades the province of the jury, and he lays down a firing of quibbles before hand to make himself a ground to stand upon. To prevent testimony coming before a jury is a suppression of testimony, and is the next offence to fabrication of testimony. The latter is impeachable, the former is a reasonable cause for removal.
Burr's council set out at the commencement of the trial, with strong declarations of innocence, but in an instance, have they attempted to prove that innocence. All their quibbling has been contrived to prevent evidence proving him guilty, that he might escape negatively. They have laboured to waste time by continually interrupting the progress of trial and to weary out the patience of the witnesses on the part of the prosecution that they might go away without giving their evidence; and the court has so far countenanced the views of Burr and his council that it was not till after Mr. Hay declared he would adjourn to the Washington Tavern and take the testimony there, that the court permitted the testimony to go on.—Marshall then saw it best to pull in his horns as Kenyon had done. But it would perhaps have been better had Mr. Hay done as he proposed and laid the whole matter before congress.
The opinion of Mr. Marshall, that corroboration or subsequent testimony cannot prove the overt act of Burr is not well founded. The absence of Burr from Blennerhassett's island while the assembly of troops were going on, might be, and very probably was, a contrived designed thing to avoid being present left he should be apprehended in the very act; and if such testimony had come forward, and Mr. Marshall could not know it would not, will Mr. Marshall say it would not connect Burr immediately with the overt act of raising and assembling troops, which no individual has the right of doing without the authority of the government. If he says it would not, then I tell him his law is not common sense and that it is law of his own making.
Why is Mr. Marshall so unwilling that testimony should come forward? Is he afraid he may be implicated himself? According to evidence, Burr had given out that government was privy to his proceedings and approved them. He may also have said that the chief justice approved them. We know that Gaylord Griswold in his letter to Mr. Hathaway, in speaking of some former conduct or misconduct of Burr, said, "the judges of the supreme court are with Burr," and Mr. Marshall is now giving corroboration of the declaration that is true.
Mr. Marshall cannot but know he is a suspected character. He is one of John Adams's judges. It was the plan of Adams and the fashion he acted with, to get possession of the judiciary for the evident purpose of embarrassing and making head against the administration that was to follow. He appointed sixteen new judges, at an additional expense of 32,000 dollars annually, but the first session after, a new administration repealed the act under which they were appointed, and saved the country that unnecessary expense. All the circumstances of John Adams's administration show, that the plan of the faction he acted with, was to overturn the representative system (which is the honor and glory of America) and establish a government similar to the corrupt, oppressive government of England, which John Adams idolized, called a "splendid fabric of human wisdom." But as this could not be done without a standing army, for the citizens would never have voted away their own rights, the pretence that France intended invading and conquering the United States was given out and industriously circulated for the purpose of raising that army. A greater falsehood could not have been invented: Marshall was one of that junto.—Adams, after his quarrel with Pickering, appointed Marshall Secretary of state, and afterwards chief justice.
It is highly necessary that the federal states take the article in the federal constitution which establishes the judiciary into consideration. Under the pretence of making judges independent they are made absolute, and there is no perfection enough in man to be trusted, with absolute power. No man living in society ought to be independent of society—and as there are no men in whom the citizens of the United States can confide so well as their own representatives, judges ought for "resolvable cause," to be removable on the joint vote of a majority of both houses of congress.
The trial of Burr has been an enormous expense upon the United States, and this, in a great measure by the contrivance of the chief justice. Burr has six councils who take turns to interrupt the progress of the trial by repeated motions to arrest the evidence. This is not the way to prove Burr innocent, for if he was innocent he would defy testimony. It is the natural character of innocence to do so.
The chief justice, however, has countenanced the counsel in making those motions. Much more time has been wasted in debates whether a witness should be heard than would have been taken up by the witness giving his testimony. This is not justice either to the government or to the public who are to pay the expenses. It appears to me like one culprit trying another.
COMMON SENSE.
NEW-YORK, Oct. 14.
The fast sailing ship Swift, arrived at this Port last evening, in 31 days from Liverpool, by which the Editor of the Daily Advertiser is put in possession of London dates to the 8th and Lloyd's Lists to the 2d Sept. From these we learn the confirmation of the surrender of Copenhagen on the 25th August to the British Troops and Fleet under the command of Lord Catcheart and Admiral Gambier, when the Town & all the Danish Navy were put in the possession of the British.—Upon the disembarkation of the troops, a proclamation by the commander in chief of the British land and sea forces was issued, declaring the circumstances under which they had felt themselves compelled to proceed to the disembarkation of the army.—English property is squelchered by circular letters from the Crown Prince, and all Englishmen who are not Danish burgers are arrested.—Stralsund, after a long siege is said to have surrendered at last to the French.—Of American affairs little is said—The Revenge arrived at Falmouth on the 28th August, having first landed despatches at Brest on the 26th.—They were taken immediately to London by an officer of the Revenge, and the London Editors had commenced but partially their speculations on their contents.—Sir James H. Craig, appointed Governor of the Canadas, New Brunswick and Nova Scotia, had failed for Quebec in the Herald. No mention is made in the London prints of the 15,000 troops destined, as was said in the account from Boston, for Canada and Nova Scotia.—The three battalions, mentioned by the arrival of the Packet, appear to have been the only force at present ordered out.—The papers contain the correspondence between the Danes and the British, which on account of its length and the lateness of the hour at which our papers were received, we are obliged to postpone till to-morrow.—Many other interesting articles will be given in course.
LONDON, Sept. 2.
There seems little reason to expect that Bonaparte will suffer Portugal to retain her independence or to be classed any longer as one of the kingdoms of Europe.—After having made her pay over and over again the price of her neutrality, he seems now to have determined that the family of Braganza shall cease to reign.
Already have measures of hostilities been adopted by France; and according to letters from the French Coast of the 26th ult. an order had been issued for laying an immediate embargo on all Portuguese vessels in the ports of France, which order had already been very generally carried into effect.
Sept. 4.
We are sorry to state that intelligence has been received of the surrender of Stralsund to the French.—Whether it had been bombarded by the French we know not—but the Swedish troops, we hear, retreated to Rugen.
Sept. 7. It is reported that Mr. Monroe has received instructions from the government of America, desiring him positively to insist on our relinquishing the right of searching any of their vessels for men, whatever their rank or condition may be. They do not require us to give up the right of searching for merchandise; but they declare that they will never permit any of their vessels, whether ships of war or merchantmen, to have their men taken out, after they have left their ports. Report says our ministers are only allowed four days to consider on these terms.
NEW-YORK, October 15. A letter from Liverpool of Sept. 9th, to a mercantile house in this city, contains the following:
"Letters from London speak to a certainty of matters being settled between this country and America. Messrs. Munro and Pinckney have had an audience with the Cabinet Council, and all is put straight again. The present Ministry are more favorable to America than the last."
Mer. Adv. The federalists have gained their election in the state of Delaware.—G. Truitt, has been elected governor in opposition to Mr. Hazlett, the democratic candidate—and Mr. Vandike, has been chosen a representative in Congress, over the venerable and enlightened member of the revolutionary Congress, John Dickinson.
MARRIED.—On Thursday evening last, in Petersburg, Mr. JOHN DICKSON, Editor of the Intelligence, to Miss ANN ROSE, both of that town.
ELLIS & ALLEN, ARE OPENING AN EXTENSIVE ASSORTMENT OF FALL & FASHIONABLE GOODS, (Selected by one of the partners)
Received by the CALYE from London and PROTECTRESS from Liverpool:
—AMONGST WHICH ARE— BEST London superfine and extra superfine Cloths, and superfine double and single milled Kerseys, Patent Prince's Cords, Royal patent Satin Velvets, Nett Pantaloon, Quiltings, Toilettes, Spanish, Mancella, Carcassian Stripes, and rich tissue Silk, silk Quiltings, Black Florentines and Molefines for vests, Gentlemen's Vandikes, Worsted, cotton, silk and Angola Hosiery, Ladies gauze and worsted do., Plain cotton & laced Clocks, do. from 3-2 to 9-8 strong, Black cotton and worsted ditto, Gentlemen's fashionable beaver and patent silk Hats, Hellen's Bous and dress Pumps, Elegant Cambric Jacquet Robes, Sarcenets, Crapes and opera and imperial Nets, Italian Silks and Chambrays, Cambrics and Mulls, Fawn, Crimson, Negroa & India Mantles, 6-4 & 1-4. Maroons of different colours, Spider Net Balloon, Redtex Lynde and Barawche Muffs and Tippets, Ladies belt kid Shoes, Lymmerick and York-Town Gloves, 4-4 Irish Linens, 5-4 Sheetings, Long Lawns, and some Irish Diaper and Damask table Cloths, Irish and French Cambricks, Breusfield's Carpets and Rugs, Coatings and Cloths, Flannels, and ready made Great Coats, Pelisse's, Surtout Coats and Small Cloaketh, &c. &c. &c. which they will sell very low for cash or on a short credit to good customers. Oct 20. cplm&cawlm.
DODGE & COBB, HAVE just received a very general and elegant assortment of FALL & WINTER GOODS; Which are much lower than ever before sold in this city. October 20.—(1f)
NOW LANDING AND FOR SALE, 20 hds. Leaf Sugar 20 hds. 1st quality brown Sugar 20 hds. Rye Whiskey 17 hds. Antigua Rum 10 Tierces Prime green Coffee. —IN STORE— 40 bags Green Coffee 20 bags Pepper 30 boxes 8 by 10 Glass 20 trunks Shoes 2 ton bar Lead. 20 hds. N. E. Rum 15 piques 4th proof Cog-nac 10 cases Brandy 20 kegs Hamilton's Snuff. TERMS liberal, and made known on application to HENRY HOVEY. October 20, 1807.
JOHNSON'S VIRGINIA ALMANAC, FOR 1808: Being Diurnal, or Loop-Year. Containing, besides the usual matter for an Almanac, the Astronomical Calculations to the Latitude and Meridian of Richmond. Oct. 20. oaw2m.
FOR SALE, BY TEE CROSS, BOZEN, OR SINGLY, NEXT DOOR TO ROISTER AND BOHANNAN'S, JOHNSON'S VIRGINIA ALMANAC, FOR THE YEAR OF OUR LORD 1808: Being Diurnal, or Loop-Year. Containing, besides the usual matter for an Almanac, the Astronomical Calculations to the Latitude and Meridian of Richmond. Oct. 20. oaw2m.
THE Creditors of Mr. George Greenhow, are hereby notified, that a Dividend will be made at our Vendue-Office, on Monday, the 9th of November next, where they are desired to attend with their accounts properly authenticated. TAYLOR & BROWN, Trustees. Oct. 20. cpt9thNov.
D. T. MADDOX, HAVING obtained Licence to practice as Attorney at Law, begs leave to inform those who may have business for the employment of his profession, in the County Courts of Goochland, Powhatan and Chesterfield, or the District Courts of Richmond and Petersburg, may rely upon every exertion of vigilance and industry to whatever may be confided to his attention. Oct. 20. oalgw.
By virtue of a deed of trust, executed to me by Armistead Russell, for the purpose of securing to Bartholomew Dandridge, the payment of one thousand two hundred and nineteen pounds and eight pence: I shall, on the 12th day of November next, proceed to sell, to the highest bidder, for ready money, at New-Kent Court-House, A TRACT OF LAND, lying in New-Kent county, called Poindexter's, containing six hundred and thirty six acres; twelve likely NEGROES; or so much of the said PROPERTY as may be necessary to satisfy the balance of the debt due on said deed, together with the expenses attending the execution thereof. WM. ARMISTEAD, Trustee. Oct. 20. cd.
VALUABLE GRIST MILLS TO RENT, IN King William County, near Mrs. Drewry's Tavern, commonly called the Moncure Mills.—They are on never failing streams, working four pair of Cologne and one pair of Burr stones. They will be leased or rented for one or twenty years, and possession given immediately. Those Mills take yearly, from 4 to 500 barrels corn, and from 6 to 700 bushels wheat. There is 250 acres of Land attached to the Mills, about 20 of which is excellent meadow. For terms apply to John Roane of King William, or the subscriber who is often at the said Mills. JNO. TEMPLE. Oct. 20, 1807. oaw2m.

Domestic.
FROM THE BALTIMORE AMERICAN.
MIRANDA, OGDEN & Co.
Chance has thrown in our way certain duplicates and triplicates of letters addressed to Gen. Miranda & Jonathan S. Smith, Esq. signed "Samuel G. Ogden."
No principle on which the laws of nations are bottomed, is so universally admitted as that which prescribes to states the due observance of the utmost good faith towards countries with whom they are at peace.
The circumstances of general Miranda's expedition are generally known. He came to the U. States, furnished with British letters of credit or bills of exchange, and he arrived direct from England.
Bound to vindicate our good faith and to establish our innocence in the face of the world, the executive of this country caused the culprits to be prosecuted. Miranda had failed, and was secure: but his accomplices Smith and Ogden, were arrested and put upon their trial.
But had the Spanish minister urged the prosecution, it was his duty to do so, and our government were bound to attend to his representations. The French minister, if he interfered at all, must have done so as the friend of Spain.
Ogden would induce a belief that he, too, is the friend of liberty! He speaks of "Liberty and Patriotism" as if he revered the one or regarded the other.
But it will be asked, was it not Miranda's intention to emancipate his countrymen? Who can believe it? Who will believe it after knowing that the British were concerned in the affair?
But what are we to say of that government which pretends to complain of bad faith on the part of the Americans, whilst the attempts by her intrigues and her agents to involve us in war with a foreign power?
The reader is doubtless anxious by this time to come at the letters. We will not longer detain him from them: And shall only add, that every honest citizen must feel the deepest regret that there are men in the U. States like Ogden and Smith—capable of any action, however flagitious for the accumulation of wealth.
THE "STEERMAN'S SONG," which follows, was written at sea, by the translator of Anacreon, on his celestial excursion.
After a trial of 12 days, which has excited more sensibility and public feeling than has ever before been witnessed here, the independent jurors of our country last week brought in their verdict of Not guilty, and the col. and myself were honorably acquitted.
I fear all the misfortunes that have already happened to you, are in a great measure owing to the bad and highly improper conduct of the two Lewises.
And the foregoing is a copy of what I wrote you the 28th July, by the Chichester British Frigate, via Barbadoes, which vessel has since put into Norfolk, having sprung a leak; and you will probably not receive the original until after you get this, which will be handed you by Mr. Robert Kennon, a young gentleman of respectable connections in Virginia, who goes out desirous of joining gen. Miranda.
I have received all your different letters previous to your departure from Trinidad; and the last report, the beginning of August, from Caracas, says Miranda's squadron was at anchor off Coro; had taken possession of the town, &c. &c. This will, I hope, find you completely successful, and joined by large numbers of the inhabitants of Caracas.
You seem to intimate in your letters, that it is necessary for me to invest you with more powers as to my affairs under your direction; and in order to effect a settlement with gen. Miranda.
I have not the most distant idea, in case of his success, but that he will comply in the most ample manner with all his engagements to me; and in case he should not be successful, you know I claim nothing from him.
And which I doubt not will be faithfully and honorably complied with by the general. It will remain for you to adopt the best possible mode of getting the same home in produce or specie.
I wish with the greatest anxiety, to learn your progress and success in the country; and immediately on receiving any certain accounts, shall adopt such measures as may then appear best. In case of success there must be a wide field of commerce opened, and great supplies, both military and otherwise, required from this.
The British having accommodated their dispute with the Chinese, ten ships fully laden, and under convoy of the Lion of sixty-four guns, had failed for England.
APPOINTMENT.
Larkin Smith, Esq. of Virginia, to be Collector of the Port of Norfolk, vice Thomas Newton, Sen. Esq. deceased.
Miscellaneous.
PRINTING.
We are informed, that a patent has been granted to Mr. J. Brown, Little鹅cheap, for an improvement on the PRINTING-PRESS, by which, nearly double the quantity of work performed by the usual mode of operation, will be accomplished in the same time.
POETRY.
THE "STEERMAN'S SONG," which follows, was written at sea, by the translator of Anacreon, on his celestial excursion. The lines give evidence that Moore can at times, throw off the libertine, chasten his fancy, and refine his imagination.—Puffine.
When freshly blows the northern gale, And under courses sing we fly; When lighter breezes swell the sail, And royals proudly sweep the sky;
But see, the wind draws kindly on, All hands are up, the yards to square, And now the floating funnels fair, Our fated ship thro' waves and air;
A MARE MULE, about 12 or 14 inches high; she is a very strong and bulky make, of a very dark bay, excepting her underbelly, which is of a yellowish cast, was worked down to Richmond in a waggon for the first time and perhaps was rubbed by the chains; has a cropped tail and was in the possession of Wm. Shelton, jr. of Louisa, at the time.
TO BE SOLD. An extraordinary valuable BLACK SMITH, belonging to the estate of Rich'd. Eggleston, deceased, on a credit of six months; bond with approved security will be required of the purchaser.
NOTICE.
The Co-Partnership of Hobson & St. John, terminated with the thirty-first day of August last.
ALL those indebted to said concern are requested to come forward without delay and settle their accounts; those having claims against said concern will exhibit them for adjustment.
HENRY HOYET, HAS FOR SALE,
15 Pipes French Brandy, 40 Boxes 8 by 10 windows 65 Hhd N. England Rum, 4 Barrels Coffer Oil, 20 Hhd Loaf Sugar, 20 Boxes Cotton Cards, of 5 Lumps, 20 Boxes Cotton Cards, of 16 Boxes Chocolate, 5 Wool, 35 Ditto Soap, 40 Reams Writing Paper, 10 Boxes playing Cards, 100 Reams Wrapping 5 Ton Shot, assorted, Pepper, 5 Kgs Lead, 5 Casks Malaga Wine, 16 Hhd best green Coffee, and a fresh assortment of 60 Bags ditto, 38 Pepper, 5 Shot.
THAT VALUABLE TAN-YARD of the late Mr. Jacob Bockus, and now occupied by the Subscriber situated on the Main-Street of this city, between the Capitol and Basin of the canal, its conveniences are superior to any other in this place.
Proposals for the above will be received by the subscriber. Bond with approved security will be required, and possession given of the whole, except a few of the vats, on the first of September next.
TO RENT,
For three or five years. THAT VALUABLE TAN-YARD of the late Mr. Jacob Bockus, and now occupied by the Subscriber situated on the Main-Street of this city, between the Capitol and Basin of the canal, its conveniences are superior to any other in this place.
IN CHANCERY.
In Gloucester County Court, August 11th, 1807. Robert Watkins vs. James Ferguson. Consent of parties, all matters of difference between them relative to this cause, are referred to James Brander, Master Commissioner in Chancery for this county; who is ordered to make report, &c. Capt. Telfe.
COMMISSIONERS OFFICE,
Manchester, 10th October, 1807. THE parties concerned, are hereby notified, that on Monday the 26th of October next, I shall proceed to make up the accounts directed in the above cause; when they are requested to attend at this office. JAMES BRANDER, m. c. October 10. sw
IN CHANCERY.
In Gloucester County Court, August 11th, 1807. Robert Watkins vs. James Ferguson. Consent of parties, all matters of difference between them relative to this cause, are referred to James Brander, Master Commissioner in Chancery for this county; who is ordered to make report, &c. Capt. Telfe.
COMMISSIONERS OFFICE,
Manchester, 10th October, 1807. THE parties concerned, are hereby notified, that on Monday the 26th of October next, I shall proceed to make up the accounts directed in the above cause; when they are requested to attend at this office. JAMES BRANDER, m. c. October 10. sw
FOR SALE,
THE following PROPERTY, belonging to Robert Alexander, Esq. of Woodford county, in the state of Kentucky:—A LOT OF GROUND, in the City of Richmond, with a valuable House thereon, one room of which is occupied by the Jews as a Synagogue—under the house there are a set of Vaults, originally intended for a Wine Cellar; also the Tract of LAND whereon William Alexander, Esq. formerly resided, about three miles from the City of Richmond.
FOR SALE,
THE BRICK HOUSE and its appurtenances, consisting of a good brick Kitchen, Garden & Well of good water; at present in the occupation of Mr. Ben. Moffy. The situation is pleasant and healthy, and the house in good repair.
NOTICE IS HEREBY GIVEN,
THAT A PETITION will be presented to the next Virginia Assembly, to authorize the subscriber to build a BRIDGE over Pamunkey River, from New-Castle to the opposite side.
ANTHONY PELZER,
TEACHER of the FRENCH LANGUAGE, at Doct. Haller's Academy, respectfully informs his friends and the public in general, that his FRENCH SCHOOL is actually open for the instruction of PUPILS on the street leading to Col. May's bridge, in the upper part of the house adjoining the Rising Sun Tavern and occupied by Mrs. John Durand.
FOR SALE,
THE TAN-YARD in this place, formerly occupied by Wm. Hanby, which is now in good repair, with every improvement necessary to carry on the business extensively. The flock in said yard which is now in full operation, would be sold also, so that a purchaser would have an opportunity of commencing the business under every advantage the situation is capable of.
FOR SALE,
A convenient BRICK LUMBER-HOUSE, situated on the bank of the basin, particularly adapted to the early reception and storage of flour, &c. For this property a liberal credit will be given if sold, on receiving satisfactory security for the payment of the purchase money, or it may be rented on easy terms and immediate possession obtained, by applying as above.
FOR SALE,
By the subscriber, three doors below the market-bridge, 25 Hubs or CIDER VINEGAR. Of superior quality, which will be disposed of, on moderate terms, by wholesale and retail. SAMUEL WHITE. law6m.
FOR SALE,
Stocks and Cocksades, to be had at Enoch Sullivan's Jewelry Store. August 7. tf
WILLIAMSBURG RACES.
On Wednesday, the eleventh day of November next, WILL BE RUN FOR, over the Williamsburg course, THE JOCKEY CLUB PURSE of four hundred dollars, for four mile heats.
FOR SALE,
THE association of this club terminates with the present races, and it is supposed that this purse will be worth above three hundred dollars. By order of the Club, RO: ANDERSON, Secretary & Treasurer. Sept. 22. eplithn.
FOR SALE,
THE subscriber is desirous of selling his PROPERTY in this City. The purchaser will be accommodated with time if required, on giving satisfactory security. SAM'L. GREENHOW. Oct. 7. tf
FOR SALE,
THE subscriber is desirous of selling his PROPERTY in this City. The purchaser will be accommodated with time if required, on giving satisfactory security. SAM'L. GREENHOW. Oct. 7. tf
FOR SALE,
THE subscriber is desirous of selling his PROPERTY in this City. The purchaser will be accommodated with time if required, on giving satisfactory security. SAM'L. GREENHOW. Oct. 7. tf
FOR SALE,
THE subscriber is desirous of selling his PROPERTY in this City. The purchaser will be accommodated with time if required, on giving satisfactory security. SAM'L. GREENHOW. Oct. 7. tf
FOR SALE,
THE following PROPERTY, belonging to Robert Alexander, Esq. of Woodford county, in the state of Kentucky:—A LOT OF GROUND, in the City of Richmond, with a valuable House thereon, one room of which is occupied by the Jews as a Synagogue—under the house there are a set of Vaults, originally intended for a Wine Cellar; also the Tract of LAND whereon William Alexander, Esq. formerly resided, about three miles from the City of Richmond.
FOR SALE,
THE BRICK HOUSE and its appurtenances, consisting of a good brick Kitchen, Garden & Well of good water; at present in the occupation of Mr. Ben. Moffy. The situation is pleasant and healthy, and the house in good repair.
NOTICE IS HEREBY GIVEN,
THAT A PETITION will be presented to the next Virginia Assembly, to authorize the subscriber to build a BRIDGE over Pamunkey River, from New-Castle to the opposite side.
ANTHONY PELZER,
TEACHER of the FRENCH LANGUAGE, at Doct. Haller's Academy, respectfully informs his friends and the public in general, that his FRENCH SCHOOL is actually open for the instruction of PUPILS on the street leading to Col. May's bridge, in the upper part of the house adjoining the Rising Sun Tavern and occupied by Mrs. John Durand.
FOR SALE,
THE TAN-YARD in this place, formerly occupied by Wm. Hanby, which is now in good repair, with every improvement necessary to carry on the business extensively. The flock in said yard which is now in full operation, would be sold also, so that a purchaser would have an opportunity of commencing the business under every advantage the situation is capable of.
FOR SALE,
A convenient BRICK LUMBER-HOUSE, situated on the bank of the basin, particularly adapted to the early reception and storage of flour, &c. For this property a liberal credit will be given if sold, on receiving satisfactory security for the payment of the purchase money, or it may be rented on easy terms and immediate possession obtained, by applying as above.
FOR SALE,
By the subscriber, three doors below the market-bridge, 25 Hubs or CIDER VINEGAR. Of superior quality, which will be disposed of, on moderate terms, by wholesale and retail. SAMUEL WHITE. law6m.
FOR SALE,
Stocks and Cocksades, to be had at Enoch Sullivan's Jewelry Store. August 7. tf
WILLIAMSBURG RACES.
On Wednesday, the eleventh day of November next, WILL BE RUN FOR, over the Williamsburg course, THE JOCKEY CLUB PURSE of four hundred dollars, for four mile heats.
FOR SALE,
THE association of this club terminates with the present races, and it is supposed that this purse will be worth above three hundred dollars. By order of the Club, RO: ANDERSON, Secretary & Treasurer. Sept. 22. eplithn.
FOR SALE,
THE subscriber is desirous of selling his PROPERTY in this City. The purchaser will be accommodated with time if required, on giving satisfactory security. SAM'L. GREENHOW. Oct. 7. tf
FOR SALE,
THE subscriber is desirous of selling his PROPERTY in this City. The purchaser will be accommodated with time if required, on giving satisfactory security. SAM'L. GREENHOW. Oct. 7. tf
FOR SALE,
THE subscriber is desirous of selling his PROPERTY in this City. The purchaser will be accommodated with time if required, on giving satisfactory security. SAM'L. GREENHOW. Oct. 7. tf
FOR SALE,
THE subscriber is desirous of selling his PROPERTY in this City. The purchaser will be accommodated with time if required, on giving satisfactory security. SAM'L. GREENHOW. Oct. 7. tf
FOR SALE,
THE subscriber is desirous of selling his PROPERTY in this City. The purchaser will be accommodated with time if required, on giving satisfactory security. SAM'L. GREENHOW. Oct. 7. tf