Virginia Argus (Richmond, Va.), 1807-04-10 00:00:00

VIRGINIA ARGUS
[XIVth YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1544.]
RICHMOND:—PRINTED (ON TUESDAYS AND FRIDAYS) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
[Four Dollars Per Annum—paid in Advance.]
FRIDAY, APRIL 10, 1807.
[12 1-2 Cents Single.]
VIRGINIA:
At a Superior Court of Chancery, held at the Capitol in the City of Richmond, the 11th day of March, 1807.
William Duguid and Lucy his wife, John M. Walker, adm'r. with the will annexed of John Christian, deceased, and Joyce Christian widow of the said John Christian and Jane Patterson, plts.
Against Elizabeth Patterson, executrix, and Martha Patterson, Elizabeth M'Reynolds, Charles Patterson, Peggy Patterson, Polly Patterson, Peter Patterson, Jenny Patterson, Henry Patterson, Fanny Patterson, and Charles Bacon son and heir of Nancy Bacon, late Nancy Patterson, children and heirs at law of Charles Patterson, deceased, John Patterson and Peter Patterson, defts.
THIS suit abates as to the defendants by their deaths, and on motion of the plaintiffs by counsel, scire facias to revive against George Christian executor of the said Peter Patterson, deceased, and the aforementioned representatives of Charles Patterson, deceased, except his widow, as devisees of the said Peter Patterson, deceased, and against Mary Anne Patterson, widow of the said John Patterson, deceased, Charles Phillips and Molly his wife, Lewis Dawson and Lucy his wife, Samuel P. Christian and Nancy his wife, Samuel Patterson and John Patterson, infants, by John P. Christian now assigned their guardian, heirs of the said John Patterson, deceased, are awarded returnable here, &c.; and the said defendants Elizabeth Patterson executrix, and Martha Patterson, Elizabeth M'Reynolds, Charles Patterson, Peggy Patterson, Polly Patterson, Peter Patterson, Jenny Patterson, Henry Patterson, Fanny Patterson, and Charles Bacon, heirs of the said Charles Patterson, deceased and devisees of the said Peter Patterson, deceased, not having entered their appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that they are not inhabitants of this country: On motion of the plaintiffs by counsel, It is ordered, that the said defendants do appear here on the seventeenth day of the next term and answer the bill of the plaintiffs; and that a copy of this order be forthwith inserted in some newspaper published in the City of Richmond for two months successively, and posted on the front door of the capitol in the said city.
A copy, Teste, PETER TINSLEY, c. c.
MECKLENBURG COUNTY, JANUARY COURT 1807.
Richard Russell Esquire of Henry Wall and Alice his wife, of John Seagall and Susannah his wife, of John Dupree and Nancy his wife, of Sally House and of Merriott House and Polly his wife (which said Alice, Susannah, Nancy, Sally and Polly are daughters of Jacob Short, dec'd.; also by Lucy Coleman Short an infant under the age of twenty-one years who sues by John Sims her guardian, which said Lucy Coleman Short is another daughter of said Jacob Short, deceased.
Against Freeman Short and Laban Short sons of Jacob Short, dec'd. James Bing and Patsey his wife, Betsy Short, Isaac Short, Benjamin Short, John Short, Thomas Short, Freeman Short William Short and Sally Short children of John Short, dec'd. who was one of the children of the said Jacob Short, dec'd. Asa Carrill and Dennis Carrill children of Cary Carrill, dec'd. late wife of John Carrill, which said Cary Carrill was a daughter of the said John Short, dec'd. who as aforesaid was one of the children of Jacob Short, dec'd. also George Finch who as it is said claims under the said first mentioned Freeman Short, defts.
For the sale of a tract of land of one hundred and one acres and a half acre, of which the said Jacob Short died seized in fee simple intestate, lying and being in the county of Mecklenburg, to be sold, and the money arising from the sale thereof be divided according to law.
The defts. Isaac Short, Thomas Short and Freeman Short son of John Short, not having entered their appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that they are not inhabitants of this commonwealth: On the motion of the petitioners by their counsel, It is ordered, that the said defts. do appear here on the second Monday in May next and answer the petition of the petitioners; and that a copy of this order be forthwith inserted in some newspaper in Richmond or Petersburg for two months successively, and posted at the front door of the courthouse of this county.
A copy, Teste, W. BASKERVILL, clk. ct.
Just Published and may be had at this Office,
Reports of Cases ARGUED AND DETERMINED IN THE SUPREME COURT OF APPEALS OF VIRGINIA:
WITH SELECT CASES, Relating chiefly to Points of Practice, decided by the Superior Court of Chancery for the Richmond District. PART I. VOL. I. By Wm. W. HENING & Wm. MANSFORD.
VIRGINIA, TO WIT:
At a Chancery District Court, held at former Capitol, in the city of Williamsburg, the 25th day of October, 1806.
Robert Clark Jacob, William Hathaway and Molly his wife, late the widow of Robert Currell, deceased, and Elizabeth Currell, daughter of the said Robert Currell, deceased, plaintiffs.
Against Elisha Hall, Richard Hall, and Mary his wife, Elizabeth Hall, only child of the said Richard and Mary, and Peter Conway, defendants.
THE defendant Peter Conway, not having entered his appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this country: On the motion of the plts. by their counsel, It is ordered, that the said defendant do appear here on the first day of the next term and answer the bill of the plaintiffs, and that a copy of this order be forthwith inserted in some newspaper of the city of Richmond for two months successively, and posted at the front door of the former capitol in this city.
A Copy, ANTY. ROBINSON, C. C.
VIRGINIA, TO WIT:
At a Chancery District Court, held at the former Capitol, in the city of Williamsburg, the 25th day of October, 1806.
Robert C. Jacob, Mary Ann Haggamon, widow of John Haggamon, deceased, and Elizabeth, Nancy, Sarah, John and Mary Haggamon, infant children of the said John Haggamon, deceased, by the said Mary Ann, their mother and next friend, plaintiffs.
Against Elisha Hall, Richard Hall and Mary his wife, Elizabeth Hall, only child of the said Richard and Mary, and Peter Conway, defendants.
THE defendant Peter Conway not having entered his appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this country: On the motion of the plaintiffs by their counsel, It is ordered, that the said defendant do appear here on the first day of the next term and answer the bill of the plaintiffs, and that a copy of this order be forthwith inserted in some newspaper of the city of Richmond for two months successively, and posted at the front door of the former capitol in this city.
A Copy, ANTY. ROBINSON, C. C.
VIRGINIA, TO WIT:
At a Chancery District Court, held at the former Capitol, in the city of Williamsburg, the 25th day of October, 1806.
Robert Clark Jacob, and Timothy M'Namara, plaintiffs.
Against Elisha Hall, Richard Hall and Mary his wife, Elizabeth Hall, only child of the said Richard and Mary, and Peter Conway, defendants.
THE defendant Peter Conway, not having entered his appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this country: On the motion of the plaintiffs by their counsel, It is ordered, that the said defendant do appear here on the first day of the next term and answer the bill of the plts., and that a copy of this order be forthwith inserted in some newspaper of the city of Richmond for two months successively, and posted at the front door of the former capitol in this city.
A Copy, ANTY. ROBINSON, C. C.
BUCKINGHAM COUNTY, JANUARY COURT, 1807.
Archibald Austin, plaintiff. Against Charles Matthews, Walter Irvine, John Irvine, and Samuel Bransford, defendants.
ON the motion of the plaintiff, and it appearing to the satisfaction of the court, that the defendant Matthews has removed himself without the jurisdiction of this court to parts unknown, It is ordered and decreed, that unless he shall appear here on or before May court next and answer the bill of the plaintiff, the court will then proceed to take the same for confessed as to him, and decree the matter thereof accordingly; and that a copy of this order be forthwith inserted in some public newspaper of the city of Richmond, for two months successively, and another copy be posted up at the front door of the courthouse of this county.
A copy, Teste, ROLFE ELDRIDGE, Jr. D. C.
BUCKINGHAM COUNTY, JANUARY COURT, 1807.
James Walker, plaintiff. vs. Thomas Conner & Thomas Wright, Jr., defendants.
ON the motion of the plaintiff by his counsel, and it appearing to the satisfaction of the court, that the defendant Conner is not an inhabitant of this state, It is ordered and decreed, that unless he shall appear here on or before May court next, and answer the bill of the plaintiff, the court will then proceed to take the same for confessed as to him, and decree the matter thereof accordingly; and that a copy of this order be forthwith inserted in some newspaper of the city of Richmond for two months successively, and another copy be posted at the front door of the courthouse of this county.
A copy, Teste, R. ELDRIDGE, Jr. D. C.
BUCKINGHAM COUNTY, FEBRUARY COURT 1807.
John Westley Green, Elizabeth Green, and Henry Green an infant, by John Westley Green his next friend, children and legal representatives of Greenberry Green, deceased.
Against complainants, Caronhappock Chandler, widow and relict of Isaac Chandler, dec'd. Agness Chandler, Susanna Chandler, Isaac Chandler, Thomas Chandler, Patsey Chandler and Caronhappock Chandler, children and legal representatives of Isaac Chandler, deceased, defendants.
ON hearing the complainants' bill, and it appearing to the satisfaction of the court that the defendants are not inhabitants of this commonwealth: It is ordered and decreed, that unless they do appear here on or before May term next and answer the bill of the complainants, the same will then be taken for confessed, and the matter thereof decreed accordingly; and that a copy of this order be forthwith published in some newspaper of the city of Richmond for two months successively, and another copy be posted up at the front door of the courthouse of this county.
A copy, Teste, R. ELDRIDGE, Jr. D. C.
MUFTI.
A BEAUTIFUL BAY. Fifteen hands two inches high, imported by John Tayloe, Esq. of Mount-Airy will stand the ensuing season, at Fighting Creek, Powhatan county, two miles from the courthouse, to cover mares at the moderate price of Twenty dollars the season, to be discharged by Fifteen Dollars if paid before the first day of October, or Ten Dollars sent with the mare, and Half a Dollar to the Groom—He was bred by Mr. Mann of Norwich, and was got by Fitzherbert [one of the best bred sons of King Herod] his dam by Infant, [son of the Godolphin Arabian, grand dam by Whittington, out of a full sister of Black and Ali Black, and his performances are as follows, and are rarely to be equalled.
In 1786, when 8 years old, and the property of his R. H. the Prince of Wales, [who purchased him of Major Churchill] Mufti was a match race of one hundred guineas each, at New Market beating Mr. Windham's Prodigal, Rowley's mile. The following meeting he ran a dead heat with sir C. Bunbury's Tityrus, 8. at each, Abingdon mile, for 200 guineas each—Young Tityrus won the plate for 3 years old, two days after, when 11 started.
In 1787, when the property of Richard Vernon, Esq. he received 100 guineas compromise from Lord Derby's Wren, 8 stone each, died in 200 guineas, at 8 stone 7lbs he beat the Duke of Queenbury's Young Giant, 7 stone 13lbs 2 miles, for 400 guineas, and received 37 guineas compromise from Mr. Fox's Braganza.
In 1788, Mufti won the Craven stakes at New Market, when 12 started, beating Scota, Nimble, &c. Won a sweepstakes of 300 guineas each, across the Flat, beating Fidget, and receiving forfeit from Pharamond; he also received forfeit from Mr. Fox's Braganza, giving 3lbs. each, for 200 guineas, half forfeit, and was afterwards purchased by his grace the Duke of Bedford.
In 1789, Mufti did not appear in public, being the Duke's trial horse.
In 1790, Mufti won all his engagements, viz: A match against Lord Bathurst's Highlander, for 100 guineas, a handicap sweepstakes of 50 guineas each, 7 subcribers in, beating Magpie, Seagull, &c. and a match, beating Don Quixote across the Flat, for 200 guineas each, at New Market.
In 1791, he won the Craven stakes at New Market, when 15 started, among which were Creeper, Don Quixote, Harpaxox, &c. at 9 stone 11lbs. He beat the Prince of Wales's Glaucus, 7 stone 4lbs. across the Flat, for one hundred guineas each, at 8 stone 7lbs. each, he beat the Prince of Wales's Pegasus, a match for 1000 guineas each, across the Flat.
In 1792, Mufti came in second for the Craven stakes, beating Asparagus, Corinder, and 7 others; and at 8 stone 7lbs. beat his Royal Highness the Duke of York's Serpent, 8 stone a match over the Beacon course, for 100 guineas each. This was the last year of his running; after which he became a stallion at Woburn, and 1796, the first of his get that started won a sweepstakes of 100 guineas each, at New Market, when six started, and one paid forfeit. The same colt won several times in the following year.
Mufti is 15 hands 2 inches high, and both in and out of training, was esteemed one of the most beautiful horses in England.
As a stallion he has succeeded well, having always covered at a high price; The first of his get that started was in 1795.
The Duke of Bedford's b. c. by Mufti, out of Busy, won at New Market 550 guineas, beating Cimeter, Camelion, and 4 others—Racing Calendar, page 121. This colt ran but once this year: in 1797, the same colt won 50, and one hundred guineas at New Market, and 50L at Bedford. He started this year only four times, and won three—Racing Calendar, pages 23, 24, 32, 57.—Mr. Windham's chestnut gelding, by Mufti, won this year also 25 guineas, 100 guineas, and 50 guineas at New Market, and 50 guineas at Brighton: In 1798 the Duke of Bedford's Hunter Rebecca, by Mufti, won the Hunter's stakes at Bedford.
MUFTI is by shape, strength and temper, particularly likely to get capital racers, hunters, roadsters and carriage horses.
The pasturage is equal to any in that part of the country, and will be furnished gratis. No responsibility for escapes or accidents, but every care will be taken to prevent either—Notes of hand will be expected with the mares.
WILLIAM BERKELEY.
Feb 1st. 1807. The season will commence on the first of March, and end the last of August.—Any gentleman wishing his mares fed, can be furnished soon (as ordered) at the market price. W81
THE CELEBRATED HORSE, Archduke.
WILL stand the ensuing season, at my house, in Chesfield, five miles from Goole's and Be's and Bevil's bridges, and 25 miles from Richmond and Petersburg, on the following terms, viz.—Seven guineas; (by note) to accompany each mare, dischargeable within the season by the payment of Twenty-five dollars—Groom's fee included.
ARCHDUKE was got by Sir Peter Teazle, his dam the famous mare Horatia, (sister to Achilles) by Eclipse, her dam, Countess, by Blank, was the dam of Delphin, Cobscar, Virgil &c. &c.—Archduke, from his highly improved blood, and the promising appearance of his stock, in general, which will appear from letters now in the possession of the subscriber, from John Tayloe, Esq. Col. Miles Selden, and others, who have bred from him, may justly be considered equal to any, and superior to most horses now on the continent. Mr. Teazle and Stamford, own brothers of Archduke, stand high in the estimation of sportsmen on the Continent, in verification of which assertion refer gentlemen to the Racing calendar of 1806, and a letter now in my possession. The colt of Mr. Teazle and Stamford, performed well last year, and as a confirmation of the high opinion entertained of them, on examination, it will be found that they have many large engagements and are named in the most important and considerable stakes until the year 1809.—The season will commence the first of March, and end the last of July. Gentlemen wishing to have their mares fed, must send money for the purchase of such provender as may be directed. Servants boarded 10s 6d per week. No responsibility for accidents. Archduke is a fine brown, fully 16 hands high, with great bone and muscular power. His colts possess beauty with very uncommon size.
ARCHDUKE, in 1799, won the Derby stakes (the most important that are won for in England) of 50 guineas each, 33 subscribers, bearing 11 others.—And won the third class of a stake of 100 guineas each, six subscribers; after which he fell lame in training and was fired. Archduke was afterwards engaged in two races on 3, against the best horses, and came in well.
THOMAS BRANCH.
February 20, 1807.
By the Governor of the Commonwealth of Virginia,
A PROCLAMATION.
WHEREAS it appears to the executive, that Jacob West, late of the county of Montgomery, stands charged on inquisition had and taken before James Mason, esq. coroner for the county of Botetourt, with the murder of John George late of the said county of Botetourt; and that the said Jacob West hath fled from justice: I have therefore thought fit, with the advice of the council of state, to issue this proclamation, hereby offering a reward of two hundred dollars to any person or persons who shall apprehend the said Jacob West and convey him before some magistrate of the said county of Botetourt to be dealt with as the law directs. And I do moreover enjoin all officers civil and military and exhort the good people of the commonwealth to use their best endeavors to apprehend the said Jacob West and convey him before some magistrate for the county of Botetourt aforesaid to be dealt with according to law.
Given under my hand with the seal of the commonwealth annexed at Richmond, this second day of April, in the year of our Lord one thousand eight hundred and seven, and of the commonwealth the thirty-first. (Signed) WM. H. CABELL.
Smith's Patent Bakery,
NORTH EAST SIDE OF THE BASON OF THE CANAL, RICHMOND. CRACKERS, Pilot, Navy and Ship Bread, are now making at the above manufactory, and sold there, and at the store of the subscriber, in any quantity desired, to accommodate purchasers. Every pains will be taken that the quality of the bread may be supported, equal to the best in the United States—and the prices shall be regulated as low as the rates of Bower will admit.
Letters and orders will meet respectful and prompt attention, from JAMES SMITH, Second door below the Eagle Tavern. Richmond, April 3, 1807. 4t
JAMES LYNCH,
BLACK SMITH AND FARRIER.
RESPECTFULLY informs his friends and the public, that he has lately removed to the first Cross street above the Eagle Tavern, leading to the bason—where he carries on the business as usual. Those that wish to favor him with their work, shall be strictly attended to Richmond, April 6. 1807
CONGRESS.
HOUSE OF REPRESENTATIVES.
Debate on Mr. Droom's resolution for the better protection of the writ of habeas corpus. (Continued.)
MR. BROOM, according to the suggestion of Mr. Randolph, varied the motion, and proposed to refer the resolution to a select committee.
[We have been thus far principally indebted to the report of the debate given in the Gazette of the United States, having been engaged in the Supreme Court.]
MR. GEORGE W. CAMPBELL said, the first inquiry that naturally presents itself, on discussing this subject, is, what has occasioned the measure to be brought before the House at this time? The answer is given—the conduct of Gen. Wilkinson, in arresting Bollman and others at New Orleans, and transporting them to this place for trial, under military orders, in violation of the constitution and laws of the Union—suppose this to be the case, what reme-
dy can the legislature apply? Does the evil complained of arise from the want of laws to protect the liberty of the individuals and punish those who violate it?—or from those laws not being duly obeyed? If the evil arises from a disobedience to existing laws, no act passed by this House can afford a remedy—those entrusted with the execution of the laws may be stimulated to carry them into effect by this transaction, and to punish the aggressors, but it is no ground upon which this House can act—and no act that we could pass, could in any degree affect the measures that have already taken place. The principal enquiry therefore appears to be, whether there is any law to punish the commission of such crimes as Gen. Wilkinson is charged with. There can be no doubt on this subject; there are laws in every part of the Union to punish such offences. If those persons were seized and carried away without legal authority, or a just cause that would excuse the act—it will be a false imprisonment, including in it an assault and battery, an offence punishable by law in every part of the United States; the offender may be indicted, and on conviction fined and imprisoned according to the nature of his offence—he may also be sued by the party injured, and damages recovered in proportion to the injury sustained. This is the remedy afforded by the law in such cases and it has been considered sufficient to correct the evil. But it is said your constitution has been violated, egregiously violated, by a disobedience to the writ of habeas corpus, or by depriving the party of its benefit; and this we are told by the gentleman from Vermont (Mr. Elliot) has violated the holy attributes of the constitution; and he mentioned three several articles of that instrument that were violated at the point of the bayonet. This part of the subject, Mr. Speaker, may require some examination in order to be distinctly comprehended. Every public offence, committed in this country, must be a violation of the constitution, or of a law made in pursuance thereof, and may therefore be said to be a violation of the constitution, and a violation of the constitution is a violation of the supreme law of the land. But certainly it will not be contended by any man acquainted with the state of our country and laws, that every such violation calls for the interference of the legislature, or requires a new law to be passed. If a law is violated, the aggressor is punishable under such law. If the constitution be violated, it being the supreme law of the land, the offender is punishable accordingly in the courts of justice, who are sworn to support such constitution—such violations therefore cannot necessarily require the interference of the legislature, or the passage of a new law on the subject. If acts are done highly injurious to society, against which there are no laws, and the perpetrators would, on that account, escape punishment, it would then, indeed, be necessary for the legislature to provide by law for the punishment of such offenders—but it has not been shown that such is the case in this instance. It has not been pretended, that Gen. Wilkinson, if he has acted in the unwarrantable manner stated on this floor, cannot be punished according to the nature of his offence, and it has already been stated that he is liable, if guilty, to be punished by indictment, and be made to answer in damages by civil suit. With regard to the violation of the constitution said to have been committed by Gen. Wilkinson, in not obeying the writ of habeas corpus issued by the judge at Orleans, I may be permitted to observe that this part of the subject does not appear to have been well examined by those who have spoken in favor of this measure. The words of the constitution on this subject are, Art. 1. Sec. 9. "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion, or invasion, the public safety may require it." This provision evidently relates to Congress, and was intended to prevent that body from suspending by law, the writ of habeas corpus, except in the cases stated, and has no relation whatever to the act of an individual in refusing to obey the writ—such refusal or disobedience would not certainly suspend the privilege of that writ, and must be considered in the same point of view as the violation of any other public law made to protect the liberty of the citizen. In the present case however, if there was a refusal to obey this writ, it was a violation of an act of Congress, establishing that part of Louisiana where this transaction took place into a territory, which expressly declares that the inhabitants of the said territory shall be entitled to the benefit of the writ of habeas corpus, and it is punishable as such; but it cannot be considered a breach of the constitution in any other respect than the violation of any public law made in pursuance of that constitution would be, and of course cannot require legislative interference. With regard to the other three articles of the constitution, to wit: the 4th, 5th, and 6th amendments thereto, said to have been violated by the conduct of Wilkinson, a very brief examination will show that there are provisions by law in every part of the union to enforce obedience to those parts of the constitution, and punish those who violate them. The first of these articles merely declares the right of the people to be secure in their persons, houses, &c. against unreasonable searches, seizures, &c.—and that no warrant shall issue, but upon probable cause supported by oath or affirmation, &c.—The first part of this only can relate to the present case—for it is not alleged that any warrant was issued, and every law existing in society for punishing offences against

The persons and property of individuals, is calculated to enforce obedience to this provision. If a man is seized without legal authority or a just cause, cannot the offender be punished? He certainly can—and in what other way could you enforce obedience to this provision? The other two articles before mentioned can certainly have no bearing on the question before the house, they merely relate to the manner in which, and the place where, offenders shall be tried—they are directory to the legislature and to the courts of justice—and it is not stated that either the one or the other have acted contrary to their provisions—No attempt to try these persons was made by Gen. Wilkinson—he sent them to this place—they were delivered to the civil authority, and their case is now under legal adjudication. The courts of justice are the proper tribunals to decide, according to existing laws, where they are to be tried and in what manner. We are told, however, sir, it is necessary to make provision by law to enforce obedience to the writ of habeas corpus, and to punish those who may refuse to grant it. With regard to the latter case, there is not the least ground of complaint—The writ has not been refused in any instance when demanded. It was issued at New-Orleans, and also at Charleston and indeed it is not pretended the civil authority have on any occasion violated this writ. It has, on the contrary, yielded the most prompt obedience to it in every instance. It was made to appear to me, that there were no provisions by existing laws to enforce obedience to the writ of habeas corpus, and to punish the violations of it, I would be among the first to make such provisions—but this has not been shown, and cannot, I presume, be proved to be the case. In every state, and in every territory as far as we are informed, there are laws to enforce obedience to this writ and to regulate the mode in which it shall be obtained and prosecuted—and by the 34th sec. of the act to establish the judicial courts of the U. States it is declared, that the laws of the several states, except when the constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in all cases where they apply. This provision must relate to criminal as well as to civil cases. You have therefore the same provisions at least, to enforce obedience to the writ of habeas corpus in the courts of the United States, that there are in the respective state courts;—and it has not been shown that these provisions are defective in the state courts. Gentlemen have not pointed out an instance in which this writ can be violated with impunity. In every case that can be stated the aggressor may be punished under existing laws; and that is the only mode in which you can enforce obedience to this writ, or to any law. You cannot prevent, absolutely, the commission of a crime—you can only punish the offender, and thereby discourage others from committing similar offences—you cannot prevent a man, while at liberty, from exerting his physical strength, and you can no more prevent him by law from violating the writ of habeas corpus than you can prevent one man from striking another, or from seizing him and carrying him away by force. All you can do in either case is to declare the punishment that shall be inflicted on such offenders. It has been stated by one gentleman (Mr. Elliot) as doubtful or unsettled, whether the common law of England is the common law of the U. S. and as such binding on the courts of the U. S. and if it were not, it was insisted we ought to make provision by law to supply its place in regard to the measure before the house. On this subject, Mr. Speaker, I entertain no serious doubt. I am clearly of opinion, that the U. S. as a nation, have not adopted, nor are bound by the common law of England, and that as a common law of the union, it can have no force in their courts of justice. But it is equally clear that the several states, or at least most of them, have adopted the common law of England either in whole or in part, as the law of those states respectively, under such restrictions, as the change of government in those states seemed to require—and being in this way incorporated into the laws of the individual states, and becoming a part of them, it becomes under the act of congress already mentioned a rule of decision in the courts of the United States in the extent to which it has been adopted in each state respectively wherein the courts may be held, and under the restrictions contained in the said act. It is therefore in force in the courts of the U. S. as being the law of the individual state, in which they sit, and not as being the common law of the union. They can derive no jurisdiction from the common law, any more than they can from the statute law of an individual state, and it may be laid down as a clear law, that they can have jurisdiction in no case, except where it is expressly or necessarily given to them by the constitution or statutes of the U. S. But when jurisdiction is so given to these courts in a particular case, the laws of the state wherein the court sits, will be the rule of decision in such case, as far as they apply. So in the case before the house, the courts and judges of the U. S. are authorised by act of congress to issue the writ of habeas corpus, and having thus acquired jurisdiction, the laws of the respective states will be regarded as the rule of decision, and govern the proceedings on this subject; and they will be found sufficient to enforce obedience to the writ—Mr. Campbell was therefore opposed to the resolution before the house, as he considered an enquiry into the measure at this time, unnecessary and useless, and calculated to waste the time of the house, when there was important business that demanded their attention. I regret, said Mr. Campbell, as much as any gentleman, who has spoken before me, that party spirit has been introduced, and party feelings excited on this subject. But at the same time I confess, I cannot observe the quarter from which this resolution comes, without entertaining some jealousy with regard to the objects gentlemen have in view. How long has it been since those gentlemen to my right, (the federalists) became the advocates for the rights of the people, and for constitutional privileges? so sensibly alive to every en-
croachment on personal liberty and security? How long since they have ceased to consider it necessary to guard the people against themselves as their greatest, their worst enemies? There was a time, Mr. Speaker, when, as has been stated, a sedition law passed with the full approbation of those gentlemen or their predecessors in politics, when an alien law passed in like manner. The general sense of the nation declared those acts flagrant violations of the constitution and of the rights of the people, yet no sensibility was then excited in the minds of those gentlemen, for the violated rights of the citizen, or the daring infractions of the constitution—all those tender feelings are reserved for this precious moment. When the peace of the union appears to be in some degree threatened, by treason and conspiracy—when the traitors are apprehended and brought to justice—when the vigilance of the government is likely to crush the treasonable conspiracy in its infancy, and restore peace and tranquillity to the nation, then this extraordinary sensibility is excited and publicly expressed! And for whom, s r? For those who had combined to stab the very vitals of your constitution—to sever the union, and to overturn your government—are these objects of more than ordinary compassion, that call for the extraordinary exertions of the legislature to preserve untainted and unsoiled, their precious persons and characters? I presume not, sir; and I apprehend the nation will frown indignant on an attempt to palliate their crimes by endeavoring to excite the public sensibility in their favor. I am always unwilling, Mr. Speaker, to attribute the conduct of gentlemen to improper motives, when it can be otherwise accounted for. But how can we account for the apparent change in the professions & declarations of gentlemen. Those who imposed and endeavored to continue on the people burdensome internal taxes—who wished to raise and support navies and armies in time of peace to awe the citizens into submission—who passed sedition and alien laws to aid their general plan of strengthening the hands of government at the expense and destruction of individual rights. These very gentlemen, Mr. Speaker, appear now desirous of announcing, aloud, to the people, that they are the only advocates of their rights and liberties—that they are alive to the least violation of them—and that to them they ought to look for protection. But the people of America are too well informed to be deceived by such flimsy pretences. They will see and duly appreciate the causes of this sensibility, so feelingly expressed—and the extraordinary exertions to alarm the public mind on this occasion. They will see, sir, that whatever the motives of gentlemen may be, the evident consequence of the proposed measure, if carried into effect as contended for by its friends, would be, to make an impression on the public mind favorable to traitors and conspirators, who had combined to sap the very foundations of your government—and to cast an odium on the conduct of those who exerted themselves to arrest their progress. I am unwilling, sir, to do this—I consider it our duty to let the law operate on this subject, without receiving any bias from the decision of this house. From the manner in which this subject has been discussed, it would appear to an observer, that, at one time, we were trying Gen. Wilkinson for the crimes with which he is charged, and that at another, we were examining the charges against the prisoners, whose case is now under legal adjudication before the supreme court. The gentleman from Vermont (Mr. Elliott) has told us he has not discovered a title of evidence to show that the persons have committed treason—and that their crime, at most, can only be misprision of treason. Although we are given to understand that, that gentleman is a professional character, I must beg leave to differ with him on this subject. If treason has been committed by the author of this conspiracy, those persons, if guilty of any crime, must be guilty of treason, and not of misprision of treason only. They aided and abetted in carrying into effect the project. They carried and delivered a letter, knowing its contents, from the principal conspirator to Gen. Wilkinson, for the purpose of engaging him to join in this undertaking—they used their influence to corrupt him. These must be considered overt acts, giving aid and comfort to the enemies of the nation, and will make them principals in the treason, if such a crime has been committed, for in this crime there can be no accessories, all who are concerned are principals. Misprision of treason is a distinct and separate offence—it is merely the neglect or omission to make known to the proper authority the treason that has come to the knowledge of the party. It supposes that no act has been done by the party charged—that he has given no aid or assistance whatever to the enemies of the country—but has merely acted wrong, or mistaken his duty, (which is the meaning of the term) in not discovering in due time the acts of treason that have come to his knowledge, and is on that account considered guilty of a high misdemeanor. It was not, however, my wish or intention to give any opinion on the merits of this case—I am willing to leave it to the decision of the constitutional tribunals—but gentlemen seem as if they were determined to discuss the guilt or innocence, both of Gen. Wilkinson and the prisoners—This I consider altogether improper, as it might give an undue bias to the public mind on this subject. For this reason, also, sir, I am opposed to referring the resolution to a select committee. There is another reason, Mr. Speaker, that operates with me to oppose the present measure, and that is, that by passing general laws on such subjects as that before the house, you would encroach on the state authorities. Each state is competent, it is presumed, to pass laws for the protection of the rights and liberties of its citizens—for the regulation of its own internal and domestic concerns; and in this consists the independence of the respective states. The means of obtaining the benefit of the writ of habeas corpus, and the mode of prosecuting the same, are evidently domestic regulations essential to every free government—and constitute an important part of the laws of the several states; and the right to the privilege of this writ is secured to the citizen by the constitution of every state in the union. This will not
be denied, nor will it be pretended that the states have not laws to enforce obedience to this writ—if therefore you pass a law on this subject, it will, if it has any effect, control the laws of the several states—and in proportion as it has this effect, it weakens the respective state authorities, and tends to consolidate their powers in the general government. I would warn gentlemen against adopting a measure that would have this effect. The state sovereignties ought to be preserved, & should not be encroached upon by this house legislating on subjects that properly belong to the state authorities. The gentleman from Vermont, (Mr. Elliot) has informed us that he is the champion of the constitution. Mr. Campbell said, he did not wish to assume himself, exclusively, such a character. It was, however, to be hoped the constitution would have many supporters as zealous and as able as the gentleman from Vermont. As should be always willing to support the constitution and laws of his country, as far as it was in his power, when the occasion required it—and he presumed every man in that house was bound on oath to preserve that instrument inviolate. He never would, however, sound the tocsin of alarm with regard to the violation of the constitution, upon every infraction of law that might take place. This could have no other effect than to disturb the public mind unnecessarily; and might, in the present instance make an impression unfavorable to some of those concerned in the transaction which occasioned this discussion. There are other reasons also, said Mr. Campbell, that operate with me to oppose the measure before the house—The case is at this moment sub judice . This is, to my mind, a serious objection to acting on it here—we ought to permit the laws to take their due course without expressing any opinion on the subject in this house. We shall probably find they are sufficient to afford a complete remedy in every case where a real injury has been sustained. It is also now near the close of the session—there are many other important subjects before the house, that require to be acted upon, and it would be next to impossible, that this subject, if gone into, could receive that deliberate investigation which its importance would demand. For these reasons and because I consider the measure at this time unnecessary and useless, I shall vote against referring the resolution to a select committee.
(To be Continued.)
BENNINGTON, (Vt.) March 17. On the 16th of August last the Republicans of this and the adjacent towns, convened to commemorate the anniversary of the Battle of Bennington; and appointed a committee to draft an address to Major-General STARK, who commanded the Patriots on that memorable day. The committee have politely communicated to us their Address, with the Answer received from Gen. STARK, which we presume will be very acceptable to our readers.
Bennington, August 16, 1806.
DEAR SIR,—By directions of a numerous and respectable body of Republican citizens of this and the adjoining towns, convened for the purpose of commemorating the glorious battle fought on the 16th of August, 1776, commonly called the Bennington battle, the undersigned in their behalf are instructed to inform you of the grateful feelings they entertain for your person—that they duly appreciate the eminent and important services you have rendered your country, and more especially the people of this vicinity on this auspicious day.
They ever have, and still consider the brilliant success on that day achieved, by the wisdom of your plans, and the promptness of their execution, to have been a fatal check to the successes of Gen. Burgoyne, and which shortly after produced the surrender of his whole army to the American troops.
The few officers and soldiers, yet living who were immediately under your command, still hail you as their fortunate and brave general—while those who were then children, or unborn, hail you as the patriot of your country, and acknowledge the blessings they enjoy from the prosperity of your arms.
The citizens composing this meeting are highly gratified when they learn through the channel of the newspapers, that you still retain your affection and first love for your country—while many of your compatriots in their opinion, have apostatised and forgotten the important object of the American revolution.
You have their fervent prayers that your days may be prolonged...not doubting (when they shall end) that posterity will hold you in honorable remembrance.
We tender you, venerable General, our warmest affection and esteem. JOSIAH WRIGHT, } DAVID FAY, } JONAS GALUSHA, } Committee. JONA. ROBINSON, } WM. TOWNER, } Hon. Maj. Gen. JOHN STARK, Derrysfield, N. H.
Derrysfield, Sept. 10, 1807.
GENTLEMEN,—I have received your affectionate address of the 16th of August, and while it revives the remembrance of perilous and difficult times, it also brings to my recollection a numerous and respected band of faithful friends in the state of Vermont, and particularly in Bennington and its vicinity. The battle of the 16th of August, 1777, which terminated so favorably for Vermont, and so honorably for the troops who were engaged in it, was more the effect of prompt execution, than of any previous plan. When I consider that three detachments of undisciplined troops, and strangers to battle, drawn from various quarters of Massachusetts, New Hampshire, and Vermont, should be ordered to attack an enemy of veteran European soldiers, strongly fortified in a chosen encampment; that each detachment (after marching several miles) should arrive at the particular place assigned to it, almost at the same instant and that each should commence a successful attack, and in a short time join on the enemy's parade, is more proper to be ascribed to a superintending power than to any human calculations. In fact the bravery of the troops left but little for their commander, who had hardly time to mount the hill before they were crowned with victory.
"To the few officers and soldiers, yet living," who were your companions in those perilous times, I pray you to remember me with the purest affection; at the same time you may assure those "who were then children, or unborn" that the battles were not solely fought for the immediate actors, but that posterity might be emancipated from foreign bondage, and enjoy the fruit that their fathers had planted.
I have ever lamented that even one of my companions in arms should have forgotten the principles of the revolution; but infinite art and labor has been applied to envelope their eyes and understandings in a mist; I however fondly hope that the fog is dissolving, and that they will soon see the deadly serpent lurking beneath the goodly Tree, and join their brethren in bruising the head of the unprincipled and dangerous monster.
For your prayers and good wishes you have my unfeigned thanks...that you may long enjoy a republican and equal government...that you may be favored with wisdom to appreciate the blessing that heaven in mercy has showed, and is still showing upon you...that you may spurn the traitors that are endeavoring to render our nation contemptible, and dissolve the union that alone can afford safety, respect, and happiness to the American people...is the ardent prayer of your real friend and very humble servant,
JOHN STARK.
Josiah Wright, David Fay, Jonas Galusha, Jonathan Robinson, & William Towner, esquires.
FROM THE AURORA.
POLITICS FOR FARMERS.
A man who should say, I will raise a thousand bushels of corn on an acre of land, would be deemed mad; yet those who are the brawlers for a naval establishment, are not less preposterous in their projects or pretensions.
We have a thousand times shown, that a naval establishment is incompatible and impracticable in our national circumstances;—and that even if it were practicable to form and fit out and support such an establishment, that it would after all, be wiser to have no military naval establishment whatever.
The readers of the Aurora may perhaps recollect a series of essays published last year, under the title of the Sovereignty of the ocean ; that a superior naval establishment, has always been productive of greater evils than advantages, to every nation that has possessed a naval superiority; and that the only advantages derived from such a force, was the enrichment or the aggrandizement of a few persons of the nation, at the expense of the liberty, virtue, happiness and security, of all the rest of the nation.
Another view we had in that discussion was to show, that the affected alarms set afloat by the connivance of English emissaries, of danger to be apprehended from France, was so far from being real; that the very necessity which was imposed on France, by the conduct of the infatuated powers of Europe, of keeping them in subjection, would render it equally necessary to keep the whole force of that nation, to watch them, and to suppress promptly, any new coalitions that might arise; much of our anticipations on this topic, have been already fulfilled; and as we then showed, the policy which concentrates all the force of France, will also keep that force contiguous and disposable; and for that reason the accumulation of ships, the augmentation of commerce, and the establishment of colonies will be not remote, but contiguous.—These were our views in that discussion, time has strengthened them.
A military naval force, has been productive only of disaster to France, Holland and Spain, for the last century; and what has it produced for England? Let its debts, its poor houses, its prisons and its declension from civil liberty declare it. But she has conquered Asia—and for whom? Read Burke's speeches on Hastings, in which he has fallen far short of the picture of misery produced by English conquests in Asia. The English company after ravaging all Asia, in debt 175,000,000 of dollars! Was the conquest for the good of the people of England? No, the people of England have retrograded from liberty and comfort almost in the same proportion as the monopolists of Asia have been aggrandized. Her national debt is three thousand millions of dollars.
These then are the effects of a naval superiority, and a competition of naval glory. In the annals of naval achievement, nothing can be more awfully splendid and horribly brilliant, than the battles of Trafalgar and the Nile. But what have they accomplished?—The battle of Aboukir only transferred Egypt to Turkish barbarism or Mameluke anarchy, and Trafalgar lost its object—it has not saved Naples, nor yet secured Sicily; it has not prevented the conquest of the whole European continent, it has not kept a foot of land or an accessible port for England, on the whole coast from the Cape of Otranto to the Categat.
Yet ideots—for none but knaves or ideots can talk of our establishing a navy to contend with either the victor or the vanquished—competitors for the sovereignty of the ocean. A military naval power can be of no other use than for defence on the high seas; we have not the means to build a navy for that purpose; defence on our coasts and harbors is the only eligible or even justifiable system that we can adopt—but a martial navy for the high seas, is the most extravagant notion that can be conceived, because physical impossibility meets it on the threshold.
A navy for the ocean must be at least equal to the navy which commits the aggression. This brings the question then to the simple point—Can we build and support such a navy? This is a question of simple arithmetic. To see this in its simplest light, we have only to state our actual revenue, and let us suppose as a necessary consequence, that our revenue would be doubled to maintain a navy.
Our whole gross revenue, let us suppose to be exclusively applied to the naval establishment, and that the 50,000,000 of revolutionary debt is all paid off—
Say our present revenue 15,000,000 Add new internal taxes to support a navy 15,000,000 $ 30,000,000
This would surely be an ample allowance comparing the present state of our country with such a contingency. What would a navy cost to build? What annually to support it? The sum required to build, we shall not confound our readers by noting—if they choose to multiply the number by the cost of the frigate U. States built in this port; the average amount will be about one half the first expense.
But the subsistence of a navy, what would it cost, supposing the fleet had suddenly sprung up; or that the British government, instead of using them to transport their monarch and regalia to Bengal, had made us a present of the whole.
A judicious and dispassionate pamphlet lately published on this subject (we presume a production of Mr. Tench Coxe) furnishes data ready prepared but overcautiously put down; in that pamphlet the average annual expense is however set down at near twenty millions of dollars short of the real expense; yet it states the average at 70,000,000 of dollars a year. Deduct your thirty millions even from this, and you would have still forty millions more to provide for.
Your acre of land, citizens of America; could not then produce you a thousand bushels of corn; and you must be content to take your land and cultivate it with care and be satisfied with what it will produce, though it were from 10 to 35.
But there is another circumstance—where would the men come from? Great Britain, although she has Ireland and Scotland to drain from by impressment, is forced to seize and make slaves of 3,000 of our citizens; and the Danes, Swedes, Italians, Lubeckers, Hamburgers, and Dutch seamen, are allowed to compose a full third of the seamen who navigate and fight her ships of war.
Are you farmers ready to send your sons on board the destructive den of disease, crimes, immorality and human debasement, called a man of war? O! God forbid!—remote be that day when national infatuation or corruption, or debasement, shall tear our yeomen from the plough, to carry murder and desolation on the ocean—murder for sordid gain —while we have a country before us blessed by nature with all that can be required by virtuous men, and to invite the love of peace, and the blessings which peace, liberty and justice are capable of conferring on man.
FROM THE NATIONAL INTELLIGENCER.
The enemies of the administration are industriously engaged in endeavoring to produce two effects.
First, to excite the public indignation against general Wilkinson on account of the arrests made by him at New Orleans. And Secondly , to produce the impression that these acts are sanctioned by the administration.
It is not our purpose, at present, to enter into an argument on these two points. But as it is highly desirable that the people, who in this country are the ultimate judges of every political question, should have as much light shed on this subject as circumstances allow, we recommend the perusal of Findley's history of the Pennsylvanian insurrection of 1794.
Which will show—That the military invasion of civil power, of which the federalists so vehemently complained, were committed on that occasion as well as recently.
That they were committed during the administration of general Washington.
That there were many of them committed if not by his authority, by an army under his command.
That he deprived no officer of his committing them.
That he did not even censure them.
That they were principally committed at the direction of Alexander Hamilton, an eminent lawyer, who could not, as Wilkinson perhaps to a certain extent might, plead ignorance of the law justification.
That they were committed at places incomparably freer from danger than that apprehended at New Orleans.
That the blood of innocent unoffending men was spilt.
That several of the violations of law took place, although a federal judge was present with the army, who was above all suspicion of being concerned in the insurrection.
That the privilege of the writ of habeas corpus was actually suspended, not merely while the accused was in his passage from one place to another, but for months afterwards at the then seat of the general government.
These circumstances are not adduced as proofs either of the correctness of the proceedings in the insurrection of 1794, or of the recent proceedings at New Orleans; but to show, that on emergencies of imminent peril, real or apprehended, the regular course of justice is frequently obstructed or abandoned; and also to show that measures were pursued under general Washington, the purity of whose motives are not questioned, which infringed the civil authority to a much greater extent than those taken by Wilkinson.
Wanted immediately at this Office, AS AN APPRENTICE to the PRINTING BUSINESS, a youth about 13 or 14 years old, of respectable connections, who can spell and read correctly. He will have the advantage, if more agreeable to his parent or guardian, of attending in the Book store during a part of his time, where he will have an opportunity of improving himself in reading, writing, &c.
PURSUANT to a decree of the Superior Court of Chancery, holden in Richmond the 17th day of September, 1806, will be SOLD, at Warminster, on the 7th day of May next,
Three Lots of Land, In the said town of Warminster and county of Amherst, with their appurtenances and appurtenances, together with sundry Negroes, on which a credit of one and two years will be given, and satisfactory security required by the
COMMISSIONERS. April 6, 1807. W35

Delegates elected to serve in the next General Assembly.
Albemarle, Hugh Nelson, Peter Carr.
We are authorised to say, that Colonel GEORGE WM. SMITH is a candidate to represent the citizens of Richmond in the next General Assembly.
George W. Swener, on Monday last, was indicted before the District Court of Richmond, for procuring money from the Cashier of the Bank of Virginia, by forged checks, in the name of his late venerable uncle George Wythe. He was convicted on the indictment; and his fine assessed by the jury to one hundred dollars. The court are to fix the term of his imprisonment, which has not yet been done; but will be ascertained when sentence is pronounced.
OBSERVATIONS ON THE ACTS OF THE LAST GENERAL ASSEMBLY OF VIRGINIA.....CONTINUED.
WE come now to a very important branch of our enquiries; that relating to the public police.
When we speak of police in this country, we do not mean a system of espionage and terror, like that established in France by the emperor Napoleon; but such a degree of discipline and restraint as is adequate to the preservation of good order in society without diminishing the liberty of the people. The free citizens of Virginia have the happiness of living under a government by which the enjoyment of all their rights is protected and secured. The mild system of police, administered by the magistrates, who are conservators of the peace, and the sheriffs and constables their officers, is therefore sufficient to prevent even the most poor and ignorant from frequent violations of the laws; and certain it is that, considering the number of the people, crimes are very rare in this state.
But the same observations are not applicable to an unfortunate race of men; the importation of whom into Virginia, the tyranny of the king of Great Britain long ago would not permit our legislature to prevent; and whom the multitude to which they have increased, renders it impossible for us to exclude from among us, or to emancipate with safety. As long as dire necessity compels us to retain them in slavery, they must of course be denied the privileges of free men, and kept in proper subjection to their masters.
One of two measures may be resorted to for that purpose; that is to say, either a well-disciplined and well-armed militia, and a rigid system of patrols; or a regular army.
The militia, we admit, must be chiefly relied upon; as the mode of defence most suitable to our republican government; for we hope the spirit of liberty which animates the citizens of Virginia will forever prevent their consenting to the introduction among them of that odious engine of despotism, a standing army. But since our militia are not yet as well disciplined as they ought to be; since, notwithstanding the existence of the militia, a dreadful conspiracy was formed by the slaves in the year 1800, and might have occasioned incalculable mischiefs, if it had not been frustrated, more by the providence of the Almighty than by the vigilance of the militia; it must be acknowledged that the militia are not altogether sufficient to keep in awe and control the machinations of these domestic enemies. It may be said that the appointment of patrols is better regulated now in certain cases than it was formerly; because any justice of the peace is authorised to order out patrols when he may deem it necessary. But this is a very poor safe-guard to the commonwealth. A justice of the peace, being unwilling to subject his neighbors to the hardships of military duty, without great necessity, will never order out a patrol, until a conspiracy has been discovered; and, then, it may be too late to prevent its execution. The correctness of this observation is evident from the circumstance that, altho' the law, passed during the December session of 1801, concerning patrols, has now been in force upwards of 5 years, it has scarcely been carried into effect by a single magistrate. The truth is, that, in all cases, where dangers are not regarded as immediately pressing it is the nature of man to sink into a state of apathy, or careless security, quite incompatible with uniform exertions to guard against the return of those dangers.
Besides;—there are some parts of the state much more exposed to the danger of an attack than others; particularly, the metropolis. The distribution of the public arms, now directed to be made by the executive, will indeed remove one ground of temptation; but the treasury and the bank still remain. The public records also might be destroyed by a sudden insurrection; for altho' such destruction would be productive of no benefit to the insurgents, they might wantonly perpetrate it, merely for the purpose of injuring us. That the preservation of the city of Richmond is more important to the general good, than that of any other town in the state is certainly true; and it is no less so, that greater and constant exertions are necessary to protect it. It follows, therefore, that it would be unreasonable to subject the militia of this city to a service so much more laborious than is borne by the militia of any other place. It would be unjust and unequal to require of them to perform the duties of an army in time of war, or to patrol our streets every night in the year.
To protect, therefore, this most vulnerable and most vital part of the body politic, it became indispensable to have recourse to some arm of an extraordinary kind; and a small police establishment, under the name of the public guard, was created for that purpose. Yet, by an act passed at the last session of Assembly, that establishment is to be abolished on the first day of January next!
The wisdom and policy of this act have been attempted to be supported on various grounds. The aversion justly entertained
for standing armies was one; but certainly this argument was rather addressed to the prejudices than to the reason of the people; since there can be no just comparison between a small police establishment, (scarcely more numerous than a nightly watch ought to be, and altogether employed in the protection of our public property,) and a standing army! The expense of the institution was also objected to; but we believe, on a fair examination, it will appear not to have been greater than was absolutely necessary to maintain in a very humble manner, the officers and men constituting the guard: and, at any rate, the safety of our treasury, of our capital, armory, and penitentiary cannot be put in competition with the expenditure of a few thousand dollars per annum. It was well observed by a member of the House of Delegates, in the debate on this subject, that a single centinel may appear to be of little importance, yet he may, by giving a seasonable alarm, be the means of saving a large army. So may this guard, however contemptible it has been considered, be of infinite importance to the commonwealth.
The want of discipline in the guard was indeed a serious objection; and, no doubt, advantage will be taken of the lamentable event which has lately happened, (by which that want was clearly evinced,) to ensure, if possible, its final abolition. But we yet hope the next General Assembly will not be governed by passion or prejudice; that they will not abolish an useful institution on the ground that abuses have heretofore existed in it.
The executive have lately shown a disposition to pay particular attention to the proper regulation of the public guard, and will probably soon put it on a respectable footing. This we flatter ourselves will induce the legislature to consent to continue this necessary establishment.
(To be Continued.)
COMMUNICATION
WE have had two different representations of the conduct of the Chief Justice of the United States in dining at Mr. Wickham's in company with Col. Burr. One report is, that Mr. Wickham gave him the invitation without informing him that Col. Burr was to be of the party; and on finding that gentleman in the drawing room, his respect for his friend prevented his returning home, or refusing to associate with the company he had selected. If this was the fact, permit us to ask Judge Marshall a plain question. If Mr. Wickham had invited him to his house, and then introduced to him, as a companion, a man charged with horse stealing, or any other infamous crime, (although not yet convicted) and therefore to be presumed innocent until his guilt should be made manifest, would he not have considered it as an insult, and have immediately left the house? And is not the offence with which Col. Burr is charged, and of which his honor has himself declared there are probable grounds to believe him guilty, much more enorm and atrocious than the petty crimes of horse stealing and highway robbery? We mean the offence of feigning the peace and safety of the United States, and endeavoring to involve his country in a war; not to say anything of the great probability of his having actually committed treason, and the certainty, if Gen. Eaton is to be believed, of his intention to commit it. Why then did Judge Marshall pay greater respect to Col. Burr than to any other person accused? Is it because plots and machinations were directed against the present administration, and therefore, Mr. Marshall, although as a judge he is obliged to condemn them, yet, as a federalist, secretly approves of them?
Another account of this transaction (and we think the most probable and rational) is that Mr. Wickham, when he invited the judge, informed him that Col. Burr was to dine with him. The judge must therefore have deliberately consented to associate with the man, whom he had committed for a misdemeanor, and had good reason to believe had been guilty of treason, against that very government, which the judge himself has sworn to support, and at the head of one branch of which he is placed. It is said his Honor has observed, that when not on the bench, he had a right to keep any company he liked, & that his judicial decision on the case of a person accused ought not to prevent his associating with him, when in his private opinion he believed him innocent. We hope to God this part of the report is not true; for such a distinction between his private opinions and his judicial decisions would give us a much worse opinion of the chief justice of the United States than we ever expected to entertain. If his honor would condescend to explain to the public the motives on which he really acted, it would be of importance to his character, and not inconsistent with the dignity of his exalted station.
Extract of a letter from Natchez, dated February 15, 1807, received at Baltimore.
Judge Toulin has committed Biennhasset, an Irish gentleman, living on the Ohio, to take his trial in the state of Virginia, where he resided, and where all the substantial testimony which will fix illegal intentions upon him is to be found. This, however, is here considered as a most flagrant outrage, because his wife and children are here, and here it is alleged, he ought to be tried. Although a prosecution against him carried on here must of necessity terminate in an idle parade.
Floyd and Ralstone, on the other hand, wished to be tried in Kentucky and Indiana; for there they live—but as the evidence of their intention is to be found here in the testimony of Doct. Carmichael, they have been committed for trial in the Mississippi territory, before a court to be summoned specially by the governor—and which will it is believed, have full jurisdiction under the act of congress.
All of these gentlemen have been released from confinement by a writ of habeas corpus and are now at large.
Extract of a letter from a gentleman in Washington to his friend in this city.
"It appears extraordinary that some of the public prints, whilst they admit observations reflecting on the character and conduct of Gen. Wilkinson, should not give publicity to such things as are in his favor. That his late conduct has saved New-Orleans (and perhaps prevented a separation of the Union) cannot be doubted. He is charged with a traitorous correspondence with Gov. Miro, to whom he presented a memorial in 1787 or 1788, for which memorial he received the unanimous thanks of Kentucky in full convention, (proceedings of that convention I have now in my possession,) that is he is charged in 1807 with an act as of a treasonable nature, for which
he received the thanks of his country in 1788. He is charged with having received money from the Spaniards, Mr. Daniel Clarke, delegate from New-Orleans, assures that it is false to his own knowledge, for with a view to give information on this subject, he asked the Intendant General of New-Orleans, who assured him on his honor that Gen. W. had never received one dollar from the Spanish government; but to satisfy you fully said the intendant, I will submit the secret service money book to your inspection, he did so, and Mr. C. says he examined it with care, and declares that there was no charge therein for money paid General W. or that in any way whatever could be construed as for his use."
A letter is said to have been received, by a gentleman in this city, from his friend in Bordeaux or Paris, dated about the 20th January, giving an account of a severe action of sixty hours, after that of December 26th, between the French and Russians. At the close of this long struggle, which was extremely sharp and bloody, the Emperor of France, is stated to have thrown a body of 10,000 horse into the Russian rear, by a wonderful circuitous forced march. This manoeuvre produced a total rout of the Russians, who had 52,000 men killed, taken and wounded.—Dem. Press.
A SKETCH OF EUROPEAN AFFAIRS.
France has, by her arms, and by the extension of the confederation of the Rhine, obtained a supremacy in the centre and north of Germany, as she did in the south in 1805. The German Duchy of Holstein, belonging to Denmark, and the German Duchy of Pomerania, belonging to Sweden, are all the countries, in the late German Empire, which have not submitted, in form, or in effect, to the French arms. The western moiety of Poland, including its capital, is behind the French army. They occupy the heart of that country.
In the end of December a part of their force, and a considerable body of Russians measured bayonets. The French claim most prisoners, baggage, and cannon, and kept the ground. The Russians claim material advantages of the same kind, but not so great, and they admit they retreated, but alleged it was to prevent the turning of their rear by the French. This is actual inferiority.
At the moment of these unexplained movements, negotiations for peace between France and Russia are circulated, and France does not seem to oppose the same activity against the progress of the Russian arms in the Turkish provinces. At the same crisis, France drops her negotiation with Sweden, and presses her anew in military array. The king of Sweden is the relation and ally of Russia.
The influence of France seems to extend in Denmark. It is an ominous fact, that the emperor Napoleon remained in January near to the Baltic Sea, and seems vigilant, active, and steadfast in his course of increasing his command of its shores. Already he possesses the banks of all its rivers which yield its supplies of oak timber and of grain. The influence of the French over Sweden and Denmark will be very considerable by reason of their possessing those rivers in Germany and Poland, through which the Danes and Swedes obtain much of their bread stuff, and grain for distillation and brewing. This circumstance may be turned to serious effect, in regard to the navigation of the Sound. Whatever is contemplated on that subject will also be materially affected by the freezing of the waters.
Some uneasiness appears to prevail on the part of Spain, in regard to her prospects from France. Portugal remains still and quiet, with her destinies suspended by a hair. Austria is inactive against France, not to say compliant or accommodating. The efforts of the Neapolitans against their new sovereign seem to be at an end. Turkey is likely to be engaged in war, or to yield some of her provinces to more powerful states. It is difficult to say what will be the conduct of the three great continental powers with respect to the Turkish empire, and towards each other, on the account of Turkey.
The French and British, unable to inflict directly, serious wounds on each other, are aiming to inflict them, by all circuitous means in their power. The English Baltic supplies of grain, salt provisions, and materials for ship building and manufactures are daily placed more and more within the power of the French. The aspect of European affairs becomes every month more serious.—ib.
We understand, that a very valuable work is in the press at New York, and will be on sale, there and here, in a few days, entitled, "The Portraiture of Quakerism." It is from the pen of Thomas Clarkson, of Great-Britain, the great friend of the oppressed Africans; and we are informed, that it agreeably explains the whole temporal and spiritual system of that useful and worthy society, in an admirable stile of appropriate simplicity and perspicuity.
It is thought that this work will contribute, by its many useful elucidations, to promote the cause of harmony among religious societies. Our duties to our great Creator, and to our fellow-creatures being, in truth, the whole duty of man, and those duties being imposed by one supreme and uniform authority, on uniform grounds and principles, and upon persons under like circumstances, there can be no doubt that the true spirit of religion among all denominations, is exactly the same.—ib.
The following paragraphs are extracted from London articles received by the Liverpool packet. [N. Y. paper.]
Still are we without any official advices from the continent. Yet accounts continue to be received from various parts of successes of the Russians after the 26th of December. One letter from a house in Germany, dated the 23d ult. states, "that the French lost nine generals in the battles immediately subsequent to that of the 26th Dec. but not a word more do they mention of their loss. Davoust attacked the centre of the Russian army, on which this division retired fighting; but they brought both their wings to bear on Davoust's rear, and ultimately defeated him with great loss." Another letter says that it was on the 28th
December, "that the fortune of war changed in favor of the Russian army, and continued decidedly so till the 30th, the date of the last dispatches from the scene of action, which at that time had removed nearer Warsaw, to which city the French had retreated, after suffering repeated defeats."
General Menstien, the commander of Dantzic, has published a bulletin, announcing intelligence from Koningsberg, of another total defeat of the French by the Russians, after fighting from the 27th to the 30th December. The editor of the French paper printed at Altona, also received a letter containing the particulars of the above defeat; but the French minister insisted that the whole was a falsehood, and had it suppressed. According to this letter, marshal Kamenskoi, by a masterly manoeuvre with the centre and left wing of the Russian army, is said to have turned and surrounded three corps of the French army, namely, those of Davoust, Ney and Soult; to have killed upwards of 40,000 and taken 20,000 prisoners, among the latter is said to be Davoust himself.
Dispatches were also received on Friday, from Mr. Adair, which intimate that a victory had been gained by the Russians after the 26th. The Russian general B. is said to have been bought by the French, and to have been detected by the general in chief, Kamenskoi, when on the point of leaving to the French the whole of the Russian magazines, by withdrawing the guard. Kamenskoi, it is said, took his sword from him with his own hands, and sent him in irons to St. Petersburg, and the French, when they made their attack, experienced the most formidable resistance, which ended in a complete defeat. Great disorder is said to have prevailed in the French army, particularly amongst the emperor's guards, who insisted on winter quarters, & of five of the columns employed in the attack, three were defeated, & one had refused to advance.
By the mail from Hushum, which arrived on Friday and brought letters from Hamburg to the 22d, and accounts from Warsaw of the 8th, the fact, that the French have sustained a signal defeat in Poland, is still farther confirmed. At the accounts published in the Hamburg papers, as might be supposed, silent as to the defeat of the French; but the master of a Danish vessel which arrived on Friday in the River, has affirmed, that before he sailed from Elsinore, on the 21st he saw a printed official account of the particulars of the victory obtained by the Russians. It was shown to him by the commandant of the place, and agrees with the substance of the reports which have already appeared—After the arrival of the mail on Friday, a note, of which the following is a copy, was circulated among the public officers:—
January 30.—Various accounts received this morning confirm the defeat of the French at Ostrolenka, but the official details are not yet arrived. Letters from Dantzic mention, that 40,000 French prisoners, are marched into Koningsberg. Bonaparte was at Warsaw on the 8th of January; but the Russians have crossed the Vistula, and an engagement took place on the 7th January at Zyzikow, on the road to Posen, which is said to have terminated to the disadvantage of the French.
The piece in our paper to-day on Gun-boats, [see Argus of the 31st of March] merits the particular attention of our readers. It is peculiarly seasonable at this time, and may be considered in the light of an appeal to the people from the decision of Congress. Our readers will recollect that after a most extensive discussion in the House of Representatives, a bill was passed and sent to the Senate, appropriating 150,000 dollars for fortifications, and 150,000 dollars for gun-boats. This last appropriation was struck out by the Senate, and the House acquiesced. It will also be recollected, that the President recommended an appropriation of 300,000 dollars for building gun-boats. On this point, therefore, there appear to have been three different opinions. The President was of opinion that 300,000 dollars should be appropriated; the House of Representatives were of opinion that 150,000 dollars only should be appropriated; and the Senate were against any appropriation whatever. Amidst such a contrariety of sentiment among the co-ordinate departments of the government, it becomes the people to direct their attention to the subject, and form an opinion upon it that shall influence, as it no doubt will whenever clearly expressed, all the branches of the government. We have seen no essay on this subject so well calculated to enlighten the public mind as this. It has one advantage over perhaps any other that could be penned. The well known signature of the writer will give it a passport to universal perusal. The friends of that writer, who can never forget the great services rendered by him in our revolutionary contest, must feel peculiar satisfaction in perceiving that he still continues to wield a vigorous pen in maintaining the glorious cause of truth.
It is a memorable fact, most deserving of attention, that the most decided enemies of the gun-boat system, are the greatest friends of a navy. Is it because they consider gun-boats useless; or is it because they are afraid that, if the experiment proposed to be tried with them should prove successful, it would supercede at least the extension of our present naval establishment.
Nat. Intel.
"Energetic" government.—A Hessian paper, dated Cassel, Nov. 13, says—"Since 1760, the commencement of the reign of George III. our sovereigns have sold upwards of 52,000 unfortunate Hessians to the English, all of whom have died on board their vessels or in their colonies."
The following fact is worth a thousand arguments to shew the benefit of penitentiary houses. Our wheel-barrow law has always been a source of vexation and expense, without having ever produced a solitary example of amendment in criminals; whilst, had a penitentiary been erected the chance of reformation would have been greater, and the profit to the state certain. The labor of criminals in a penitentiary might reasonably be expected to be as productive as that of the manufacturing department of the House of Employment in Philadelphia:—
"It is understood that the profits of the "Manufacturing Department of the "House of Employment," of the city and
county of Philadelphia, amounted to five thousand dollars in the last year."
[Phil. Pub.]
WARM FEDERALISM
Bur's conspiracy was all a farce. Do the federalists recollect what a champion they made of general Eaton in months past! Now either Eaton must be an liar, or a perjured villain, if Burr's conspiracy is a farce.
Read Eaton's deposition. We leave the hypocrisy of the United States Gazette, and all the hypocrisy of Connecticut combined, to withdraw federalism from the dilemma. Which side will they sacrifice, Eaton for Burr? Daily Advertiser.
New Book.
Just received and for sale at this office price 62 1/2 cents, an original work, entitled "AN ESSAY
ON THE HUMAN CHARACTER OF JESUS CHRIST.
By WILLIAM AUSTIN.
Boston, Printed for William Peabody—1807.
ADVERTISEMENT.
The following essay, I am sensible, is but a sketch. If it have merit, it will be attributed to the design, rather than to the execution. The subject is worthy the hand of a master, and is still open to much philosophical research. I have endeavored to explain a new, but indirect, source of argument in favor of the Divinity of JESUS CHRIST. For my support, I have relied on human nature, and strengthened my proofs by illustration and parallel, so far as illustration and parallel could be applicable to the character. I thought it possible to render the subject amusing, as well as interesting, to play. Let the public judge.
BY virtue of a deed of trust executed to the subscribers by John Henderson of the county of Albemarle, to secure the payment of certain debts therein mentioned and for other purposes, we shall expose to sale, by Public Auction, for ready money, before the door of the Tavern of Mr. Triplett T. Estes, in the town of Charlottesville and county of Albemarle, on the first Monday in May next, John Henderson's interest in the following property, to wit:
One certain tract or parcel of LAND, on the waters of Hardaway river in the said county, containing by survey six hundred and sixty-six acres, adjoining the lands of Christopher Hudson, Henry Copeland and others.—Also, about six acres of LAND, in or near the town of Milton, on which there is a valuable mill-seat.—Also, an undivided interest in LOTS in the said town of Milton, his proportion being five lots.—Also, the life estate of Mrs. Elizabeth Henderson in and to the LAND and HOUSES near Milton, at present occupied by Mr. Thomas E. Randolph.—Also, 2,000 acres of LAND on Taylor's creek in the counties of Jefferson or Scott in the state of Kentucky.—Also, the interest of Hill Carter under the Will of Edward Carter, deceased, to certain LANDS in the state aforesaid, which interest the said Henderson purchased of the said Hill Carter.—Also, the interest of the said John Henderson as distributee of his father Bennet Henderson, dec. in and to a certain tract of LAND in the county of Scott and state aforesaid, supposed to be four hundred acres.—Also, the like interest in and to certain LOTS in the town of Milton.—Also, one HAY HORSE.—Also, a BOND executed by James L. Henderson to said John, for the title to certain lands in the state of Kentucky. As the residue of the money arising from the sale of the above mentioned property is to be paid over by us to the proper creditors of John Henderson, authorised to receive the same, it would be to the interest of those creditors to attend the sale and force the property to its proper value.—Acting as trustees, we shall only convey the title to the above property vested in us as such.
James Lewis, } Trustees. Matthew Henderson. } April 9th, 1807. sw
DISTRICT OF VIRGINIA, to wit: BE it remembered that on the fourth day of April, in the thirty first year of the independence of the United States of America, Seaton Grantland, of the said district, hath deposited in this office the title of a book, the right whereof he claims as proprietor, in the words following, to wit: "The examination of Col. Aaron Burr before the Chief Justice of the United States, upon the charges of a high misdemeanor and of treason against the United States; together with the arguments of counsel and opinion of the judge, to which is added, an appendix, containing the opinion of the supreme court, delivered by Chief Justice Marshall, in the case of Bollman and Swartwout, in conformity to the act of Congress of the United States, intituled "an act for the encouragement of learning, by securing the copies of maps, charts and books, to the authors and proprietors of such copies during the times therein mentioned."
WILLIAM MARSHALL, Clerk of the District of Virginia. The above will appear in a pamphlet, on Saturday the 11th instant, and may be had of the several booksellers, in Richmond. w41
PUBLISHED BY SUBSCRIPTION, DR. REES'S NEW CYCLOPEDIA, OR Universal Dictionary of Arts & Sciences, IN TWENTY VOLUMES QUARTO. CONDITIONS.
THE work will be printed in large quarto, with new types, cast for the purpose, on a superfine wove paper, each volume will contain from eight hundred to a thousand pages. A half volume, in boards, will be published regularly every two months. PRICE THREE DOLLARS, PAYABLE ON DELIVERY.
Between six and seven hundred plates, engraved in a superior style of elegance, will be comprised in the course of the publication, by far a greater number than is to be found in any other Scientific Dictionary. * To Subscribers. The six first half volumes are ready for delivery at the Book-Store of Samuel Pleasants, jun. Richmond. March 10.

Sales at Auction. Will be SOLD, by the subscribers on Tuesday the 14th day of April next, on the premises,  THE HOUSES and LOT, at present occupied by Thomas Underwood, esq. consisting of an excellent brick dwelling house, smoke-house, carriage-house and stable, all lately built and in complete repair; the lot well enclosed. One half the purchase money payable next Christmas, and the balance payable the Christmas following, for bonds with approved security, with a deed of trust on the property to secure the punctual payment of the money. At the same time and place will be sold four or five excellent HOUSE FURNISHINGS , together with several new FEATHER BEDS , and a great variety of Household and Kitchen FURNITURE , for bonds with approved security, payable next Christmas. PROSSER & MONGURE, Auc'rs. Feb. 25, 1807.
Land for Sale. BY virtue of a deed of trust executed to me by William Tear, to secure the payment of a debt due James Murphy and company, I will SELL, to the highest bidder, for ready money, at Amherst courthouse, on Saturday the 28th day of March next, a tract of LAND, lying in Amherst county, on the branches of Naked creek, within one mile of the courthouse aforesaid, containing 320 acres, being the tract on which the said William Tear now resides, and known by the name of the Tan-Yard, being only interested as trustee, for the benefit of others. I will only warrant the title of the said tract of land, as to myself and those claiming under me. JOHN HIGGINBOTHAM, Trustee. Warminster, 18th Feb. 1807.
WANTED, A DISCREET industrious Woman, as a house-keeper—one who can come recommended for her integrity, will meet with liberal wages by applying at the Bell Tavern. February 12th 1807.
JUST RECEIVED & FOR SALE, In addition to our extensive assortment of BAR-IRON, a quantity of SHEET-IRON, NAIL-RODS, and best polished WAGGON-BOXES. We have also received several Ton Broad Bar-Iron, Suitable for plantation use. RUSSELL & WALLACE. Richmond, Jan. 19, 1807.
MATTRESSES. CAN be had on very short notice, MATTRESSES of all sizes & kinds, agreeably to order, in the large corner white house, opposite the Old City Tavern, two squares below the Market Bridge—BEDS made & MATTRESSES repaired.—Horses TAILS & MANES purchased. Jno. S. Pleasants.
PROPOSALS WILL be received by the Executive for furnishing the convicts in the penitentiary with Rations for one year from the first day of next month. The component parts of each ration may be ascertained by persons wishing to contract, by applying to DANL. L. HYLTON, Clerk of the Council. 24th March, 1807.
FOR SALE, A valuable tract of Land, IN the lower end of Buckingham, lying on Buffalo creek, adjoining the lands of Mr. James Wilson and Mr. Copland, containing upwards of one thousand acres, being in a populous and wealthy neighborhood and within three miles of Ca-Ira. A sufficient quantity is opened to work ten hands to advantage—the greater part being yet to clear, abounding in excellent timber, and affording from four to five hundred acres of prime tobacco land. Mr. Moses Scott living on the premises will show the land to any one inclined to purchase. For terms apply to the subscriber. SUSANNA WILCOX. Chellowe, 16th March, 1807.
NEW YORK STATE LOTTERY, Authorised by an act of the Legislature, and payment of prizes guaranteed by them, POSITIVELY commences drawing in the city of New York, on the second Tuesday in June next.  THE CAPITAL PRIZES ARE 1 of 25,000 DOLLARS. 2 of 10,000 DOLLARS. 2 of 5,000 DOLLARS. 2 of 2,000 DOLLARS. 6 of 1,000 DOLLARS. And several of 500, 200, 100, &c. &c.—Less than 2 1-2 blanks to a prize. The FIRST drawn ticket every FIFTH day will be entitled to a capital prize; and the SECOND drawn ticket EVERY DAY, will be entitled to 200 dollars.  TICKETS, HALVES, QUARTERS and EIGHTHS, ARE NOW SELLING AT WAITE'S TRULY FORTUNATE LOTTERY OFFICE, No. 64 and No. 38, Maiden Lane, New York.
By enclosing bank notes, of any description, (post paid) to G. and R. WAITE, tickets and shares will be punctually returned by post, to any amount, and the earliest advice sent to adventurers of their success. During the drawing, WAITE's weekly printed prize list will be sent to the printer of this paper, and to the post master at Richmond; and at the conclusion of the drawing, will also be sent, the managers' printed prize list, for the satisfaction of distant adventurers. At the above offices, have been sold in the late lotteries, prizes amounting to a sum, exceeding 350,000 dollars. Present price of tickets, Seven Dollars, but will advance as the drawing approaches. Prize tickets in the late New York lotteries taken in payment. New York, March 10, 1807.
LOST OR MISLAID, Three Certificates of Funded Debt of the United States, viz. No. 413, Deferred Assurance debt, dated 30th June, 1792, for $401 54 No. 669, ditto, same date, 159 47 No. 303, Public debt, 30th June, 1791, 500 00 In all, $1071 01 In favor of Francis Charlton of York Town, Virginia, and issued by John Hopkins, Commissioner of Loans. This public notice is given, that new certificates may issue to replace those that have been lost. JAMES BROWN, Atty. for Mary Charlton, Ex'x. of Francis Charlton, dec. Richmond, 12th March, 1807.
Lesueur & Saunders Are now receiving and will constantly keep a large supply of  Bar-Iron & Castings, Of superior quality. Feb. 24, 1807.
Notice. ALL persons are forewarned from using or taking Sand from the Sand-Bar, called Cents's, without the previous consent of the subscribers, who are alone authorised to sell or appropriate the same. For the convenience of those who incline to purchase, we have authorised Mrs. Coutts to act. Any sale or contract which she may make will be ratified by us. Samuel M'Craw, Pleasant Younghusband, Trustees Richmond, 20th Feb. 1807.
Land & Negroes for Sale. BY virtue of a deed of trust executed to me by Thomas Randolph, to secure the payment of a debt due Isaac H. Coles, I will sell, to the highest bidder, for ready money, on Thursday the 16th day of April next, at Chinquapin Church, in Amelia, one hundred and fifty acres of LAND, lying on Appomattox river, in the county of Amelia, being a part of the land on which the said Thomas Randolph now resides, and known by the name of MONUMENTS. Also NINE NEGROES, viz. Ned, Jesse, Kitty, Alexander, Dandridge, Spencer, Sukey, Richard and Caroline, or so much of the said property as will be sufficient to discharge the debt mentioned in the deed. J. COLES, Jr. March 2, 1807.
Wanted a Situation, EITHER in a Counting-House, or behind a Counter—A young Man who has been bred to the Mercantile business, and come well recommended, a line addressed to A. Z. and left at Cabell'sburg post office, will be regularly attended to. March 10, 1807.
FOR SALE. My tract of Land, IN Powhatan county, containing between nine hundred and a thousand acres, and lying within two miles of the courthouse, and on both sides of Fine creek. This tract of land would be sold entire, otherwise laid off in lots to suit purchasers. Any persons inclined to purchase, it is expected will first view the premises—any further description is deemed unnecessary. For terms apply to the subscriber, living on the premises. SAM. BASKERVILLE. Powhatan, Jan. 4th, 1807.
Valuable property for sale. ON Friday, the 20th day of March next, on the premises, will be SOLD, to the highest bidder,  A Valuable tract of Land, Belonging to the estate of Duncan McLaughlan, dec. lying in the county of Fluvanna, about one mile above the courthouse; containing about 300 acres, on both sides of the Cunningham Creek, and about half a mile from its junction with the Rivanna river.—On this Land, is a Plantation of about 100 or 150 acres of cleared land, a great part fresh, a small Dwelling House and some out houses; but the greatest object (it is presumed) to a purchaser, will be the Mill thereon, which with a little repair to the dam, would be one of the most valuable in the upper country; having two pair of stones now constantly running; and notwithstanding the last summer's drought, and a considerable leak in the dam, was out a short time without grinding water. Also, about 20 remarkable likely Negro Slaves, consisting of Men, Women, Boys, &c. Also, the stock of Horses, Mules, Cattle, Hogs, Plantation Tools and Household Furniture.—The terms of sale, will be; for the Land, a credit for one half the purchase money, until the first day of January next, and for the balance until the first day of January, 1809.—For the Slaves and Stock, a credit until the first of January next, except a small proportion of Cash, which will be made known on the day of sale. Bonds and approved security will be required of the purchasers, to carry interest from the date, if not punctually paid when due, as to the slaves, stock, &c.; and in addition, as to the Land, a deed of trust on the same to secure the payment. JOHN QUARLES, Acting Ex'r. Feb. 27, 1807.
Will be Sold, AT Hanover courthouse, on Wednesday the 27th day of May next, if fair, and if not fair, on the first fair day thereafter, the TRACT OF LAND, whereon Samuel Richardson, jr. esq. now resides, to satisfy George Street & Co. the sum of $113 6, with interest thereon from the 7th of June, 1803, till paid and costs; in conformity to a decree of the County Court of Hanover, pronounced on the 27th day of February, 1805, in a suit then depending in the said court between the said parties. THE COMMISSIONERS. Hanover, 1st April, 1807.
FOR HIRE—A MAN, Who is well acquainted with the management of race horses. For further information apply to Mrs. Sarah Gunn, Richmond Hill, or to JOHN TURPIN, sen. Feb. 21, 1807.
FOR SALE, Next door to Mr. William Temple's,  Allum Salt, & New-England POTATOES, Of superior quality. Also—A General Assortment of  GROCERIES, Good of their kinds and low in price, which will be sold for cash, or exchanged for country produce, by JOB GREENE. Richmond, March 6th, 1807.
MINTON COLLINS RESPECTFULLY informs the public, that he has just received by the ship Kingston, David Lesslie commander, from London, a very general assortment of  GARDEN SEEDS, Which are warranted to be fresh and good, and of the last summers growth. March 25, 1807.
TO RENT, THE TENEMENT, Lately occupied by Mrs. Whitaker, in an agreeable, retired situation, and very convenient for a family. WILLIAM M'KIM. Richmond, March 2, 1807.
TO RENT, A Neat House, IN the Falling Garden, sufficiently large to accommodate a moderate sized family, either by itself or with the following profitable property, to wit:—An ice-house 20 feet by 18 and about 18 deep, well filled and pounded down with good clean ice—a bath-house, which if well attended to will yield a handsome profit; and also may be accommodated with a small or large part of a garden. The above property will be rented either for the season, say six months, or for a longer time, and possession given immediately. Good security will be required for the rent. Enquire of JAMES LOHNES, on the premises. 3d mo. 16th, 1807.
Tract of Land, Whereon the said Gentry resides, containing 39 acres. The improvements are a small dwelling house and other necessary out houses, and a young apple orchard—thirteen miles from Richmond, on the road leading over the Meadow Bridges, to Hanover courthouse. At the same time, will be Sold, on the same terms, 3 head of CATTLE, two feather BEDS and FURNITURE, Carpenter's TOOLS, and sundry other articles as enumerated in the said deed of trust. The sale will be on the premises, beginning with the stock, furniture, &c. JOHN TINSLEY, Trustee. Hanover, March 31, 1807.
The Imported Horse,  PAUL, Is a beautiful sorrel, fifteen hands three inches high, remarkable for his elegance, beauty, strength and fine bone: Will stand the ensuing season at my plantation in Powhatan county, on James river, three miles above the Mannakin town ferry and about the same distance below Jude's ferry, to cover mares at twenty-five dollars the season, but may be discharged by the payment of eighteen dollars if paid by the first day of November next, with half a dollar to the groom. Good and extensive pasturage gratis, but no liability for escapes or other accidents. The season will commence on the first of March and end the first day of August next. This beautiful horse PAUL, was raised by the Prince of Wales, and got by his horse Saltram, who was got by O'Keely's Eclipse, his dam, Virago, by Snap, Paul's dam, Purity, was got by Matchem, her dam, the Old Squirt mare, of as great fame as any mare in the kingdom. Several certificates of Paul as a good and sure foal getter may be seen at his stand. THOMAS HARRIS, Jr. Millwood. Feb. 27, 1807.
GOUTY, IMPORTED last fall, by Brown & Rives, will stand the ensuing season at my stable, in Amherst, five miles from New-Glasgow, at twenty-five dollars the season, dischargeable by twenty, if paid by the first day of October next.—The season to commence the first of March and end first August.—Mares may be covered by the leap at twelve dollars, paid at the time of service; or forty dollars to ensure them in foal, payable first day of January next—one dollar to the groom in every case.—Good and extensive pasturage, gratis, but no liability for accidents or escapes. GOUTY is a beautiful bay, ten years old, in high health and vigor, five feet three inches high, full of bone and muscle, fine points and elegant form. He was after many months research selected by Mr. Weatherby (author of the racing calendar and general stud-book) as one of the best horses that could be procured in Great Britain. In a letter from him he says there never was a higher bred horse shipped from Great Britain or any other country. GOUTY was got by Sir Peter Teazle (unquestionably the best stallion now in England) his dam the famous Yellow Mare by Tandem; granddam, Perdita by Herod; great grand dam, Fair Forrester by Sloc; great great grand dam by Forrister; great great great grand dam by Partner; Croft's bay Barb; Makeless; Brimmer; Son of Dods worth; Burton Barb Mare. GOUTY run but three times, owing to an injury he received in the fore leg—1st, in 1799, for the Darby stakes, for three year olds, won by Archduke. 2d, in 1800, sweepstakes, for all ages, with 25 guineas added out of the racing fund—won by Gouty, beating Fugleman, Vivaldi, &c. &c. 3d. New-Market July meeting, £50, by subscription, won by Sorcerer. ROBERT RIVERS February 10th, 1807.
Military Lands IN the State of Ohio, for Sale. WHEREAS William Carter, late of the city of Richmond, commonly called Doctor William Carter, was, on the first day of August, 1797, and at the time of his death, entitled by warrant or warrants for services as a Surgeon in the service of the United States, to 4000 acres of such Lands, and made his testament and last will on the same day, and year, where, by he directed, "That as soon as the Surveys of his Lands on the waters of the Scioto, north west of the river Ohio could be received, and a Patent or Patents obtained for the same, the said Lands might be sold to the best advan- tage, and on the longest credit, that the purchase of his houses and lots would admit of," and departed this life, without altering or revoking the said testament, whereof he constituted three executors, two of whom, to wit, Joseph Jackson and the subscriber, both of the city of Richmond, only, took that office upon themselves: And whereas before the said surveys could be obtained, to wit, two of eight hundred acres each, and one of twelve hundred acres, on the upper side of Daby creek, and one of one thousand, and one of two hundred acres on the waters of the said creek, the Lands so surveyed had been ceded by the commonwealth of Virginia, to the United States, whereby the obtaining of Patents for the same hath been hitherto obstructed; but that obstruction has been lately removed by an act of Congress, tho' the circum- stance of the estate of the said Testator, will not admit any extensive credit, to be given to the purchaser or purchasers. I, as acting Executor of the said Testament, hereby notify to the public, that a sale of the said Lands, will be made at the front door of the Eagle Tavern, in the city of Richmond on Tuesday the 12th day of May next ensuing, at Public Auction, to the best bidder, for the most that can be gotten, in ready money, or notes, with approved endorsers, negotiable, and payable at the Bank of Virginia, within 60 days of the day of sale, when satisfactory proof, relative to the title of Doctor Carter, will be exhibited by the subscriber, and when he will be ready to transfer the same, with a covenant of warranty against all his own acts tending to lessen or impair the same. CHARLES SPENCER. Richmond, March 30th, 1807.
Church's Cough Drops Is just received from the Proprietor's Dispensary New-York, and for sale at this office. March 17, 1807.
Royster & Bohannan, Respectfully inform their friends and the public generally, that they have just received a general assortment of  GROCERIES, Which they will sell low for cash, country produce, or good notes at sixty days— AMONGST WHICH ARE— Brown Sugar in hds. Tumblers, pint and bbls. Loaf Sugar in do. do. Decanters, quart and pint Antigua } RUM } Leiper's Snuff N. England } } Window Glass Best Cognac Brandy } London Mustard Holland Gin } Rice Country do. } Copperas Madeira } New York Candles Sherry } Ginger Malaga & } Spice Dry Lisbon } Pepper Hibbert's } Queen's Ware in Stout and Porter } crates, assorted Writing Paper } New York Soap Brown do. } Imperial & } TEAS Nutmegs } Y. Hysop } Indigo } Best Green Coffee in Allum } bags Salt Petre } Sack Salt English Gun Powder } Cotton and Wool Shot, assorted } Cards, by the box, } assorted. Richmond, April 1, 1807.
Grand Lottery, To draw the twenty-seventh of April. Bustleton and Smithfield Turnpike Road Lottery. Philadelphia, March 9 1807. Gentlemen, I have the pleasure to inform you, that the committee have resolved that the Bustleton and Smithfield Lottery, shall positively commence drawing on Monday the 27th of April next, at the State House at ten o'clock in the forenoon, and that not less than four hundred tickets shall be drawn each day of drawing. HENRY PRATT, President of the board of managers. To Messrs. McConnell, Taylor } and Blackburn. In this Lottery it is allowed by the best judges that there are more chances for valuable prizes than in any ever drawn in this country.
SCHEME.    1 Prize of 20,000 dollars is 20,000   1 do 10,000 do 10,000   2 do 5,000 do 10,000   2 do 4,000 do 8,000   4 do 2,000 do 8,000   12 do 1,000 do 12,000   30 do 500 do 15,000   23 do 300 do 6,900   50 do 200 do 10,000   100 do 100 do 10,000   202 do 50 do 10,000   350 do 20 do 6,000   9250 do 8 do 74,000   9977 Prizes. Dollars 260,000 Prizes subject to 15 per cent. deduction. Part of the above capitals to be stationary, viz— Last drawn ticket, 5th day, blank or prize* $ 500 Do 10th do 500 Do 15th do 500 Do 20th do 500 Do 25th do 500 Do 30th do 500 Do 35th do 1000 Do 40th do 1000 Do 45th do 1000 Do 50th do 1000 Do 55th do 1000 Do 60th do 2000 Do 65th do 3000 Do 70th do 4000 Do 75th do 5000 On the 80th day, the first ticket of } 10,000 the last 250 to be drawn } * A single ticket may draw 2 high prizes. Tickets and shares for sale by the subscribers. The present price is seven dollars.—An early purchase is recommended, as the price will advance with the approach of the drawing. GEORGE TAYLOR, Jun. No. 85, south Second street. MATTHEW MCCONNELL, No. 82, Chestnut street. WILLIAM BLACKBURN, No. 73, Chestnut street.
N. B. Prizes of Lotteries lately drawn in this city, and in that of New-York received in payment, and orders post paid, and inclosing the cash, duly attended to. ** Tickets may be had on application at JACOB JOHNSON'S Book-Store, a few doors below the market, and information given of the drawing. March 25th, 1807.
BUCKINGHAM COUNTY, FEBRUARY COURT 1807. Abraham Chandler, complainant. vs. John Clarke and Nancy his wife, late Nancy Williamson, Doctor Lenton Byrd and Susanna his wife, late Susanna Williamson, John Griffin and Sally his wife, late Sally Williamson, Peterson Heat and Elizabeth his wife, late Elizabeth Williamson, Peter Williamson, Patsy Williamson, William Williamson, Polly Williamson, and William Williamson son of Charles Williamson, dec'd. who was the son of Micajah Williamson, dec'd. which said Nancy, Susanna, Sally, Elizabeth, Peter, Patsy, William and Polly, are the children and legal representatives of Micajah Williamson, dec'd. defendants. ON hearing the complainant's bill, and it appearing to the satisfaction of the court that the defendants are not inhabitants of this commonwealth: It is ordered and decreed, that unless the said defendants shall appear here on or before May term next and answer the bill of the complainant, the same will then be taken for confessed, and the matter thereof decreed accordingly; and that a copy of this order be forthwith published in some newspaper of the city of Richmond for two months successively, and another copy be posted at the front door of the courthouse of this county. A copy, Teste, R. ENDICKE, Jr. D. C.
IN CHANCERY. ON hearing the complainant's bill, and it appearing to the satisfaction of the court that the defendants are not inhabitants of this commonwealth: It is ordered and decreed, that unless the said defendants shall appear here on or before May term next and answer the bill of the complainant, the same will then be taken for confessed, and the matter thereof decreed accordingly; and that a copy of this order be forthwith published in some newspaper of the city of Richmond for two months successively, and another copy be posted at the front door of the courthouse of this county. A copy, Teste, R. ENDICKE, Jr. D. C.