Virginia Argus (Richmond, Va.), 1807-09-05 00:00:00

VIRGINIA ARGUS.
[XVth YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1556.]
RICHMOND:—PRINTED (ON WEDNESDAYS AND SATURDAYS) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
[Four Dollars Per Annum—paid in Advance.]
SATURDAY, SEPTEMBER 5, 1807.
[12 1-2 Cents Single.]
United States Court, fifth Circuit, and Virginia District, May term, 1807.
John and Jane Backhouse, administrator and administratrix, de bonis non of John Backhouse, deceased, unadministered by Rebecca Backhouse, deceased, and Jones, executrix, &c. of Gabriel Jones, deceased, Pls. Against, Robert Patton, administrator, de bonis non cum testamento annexo of James Hunter, deceased, unadministered by Patrick Home, deceased, Joseph Enneker, administrator of Adam Hunter, decd., James Hunter son of John Hunter, deceased, who was heir of Adam Hunter, deceased, and Robert Dunbar, Defs.
THE defendant James Hunter, not having entered his appearance, and given security according to a rule of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this district; on the motion of the plaintiffs by their counsel; It is ordered , That the said defendants do appear here on the first day of the next term, and answer the plaintiff's bill, and that a copy of this order be forthwith inserted in some one of the newspapers, published in the city of Richmond, for two months successively, and posted at the front door of the capitol in the said city.
A Copy, Teste, Wm. Marshall, Clk.
United States Court, fifth Circuit, and Virginia District, May term, 1807.
Luke Tiernan, Pls. Against, Mary Brent, widow of George Brent, Daniel Brent, Robert Brent, John Cook, Bailey Washington, William Brent and Robert Brent, Mary Brent and George F. Brent, infant children of George and Mary Brent, Defs.
THE defendants Daniel Brent and William Brent, not having entered their appearance, and given security according to a rule of this court, and it appearing to the satisfaction of the court, that they are not inhabitants of this district; on the motion of the plaintiff by his counsel; It is ordered , That the said defendants do appear here on the first day of the next term, and answer the plaintiff's bill, and that a copy of this order be forthwith inserted in some one of the newspapers, published in the city of Richmond for two months successively, and posted at the front door of the capitol in the said city.
A Copy, Teste, Wm. Marshall, Clk.
United States Court, fifth Circuit, and Virginia District, May term, 1807.
John Dixon, Pls. Against, Edward Rumsey and Peter Hoffman and son, Defs.
THE defendants, not having entered their appearance, and given security according to a rule of this court, and it appearing to the satisfaction of the court, that they are not inhabitants of this district; on the motion of the plaintiff by his counsel; It is ordered , That the said defendants do appear here on the first day of the next term, and answer the plaintiff's bill, and that a copy of this order be forthwith inserted in some one of the newspapers, published in the city of Richmond for two months successively, and posted at the front door of the capitol in the said city.
A Copy, Teste, Wm. Marshall, Clk.
AT a quarterly Court continued and held for Prince Edward county, August the 19th, 1807.
William Whitworth, Compts. Against, John Spaulding and his wife John Burton, John Ward and his wife, Robert Burton, Thomas Wilson and his wife, and Anderson Burton by John Redd his guardian, and Osborne Lockett, executor of James Scott, dec. Defs.
THE defendant Robert Burton, not having entered his appearance and given security according to an act of the General Assembly and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this state, on the motion of the complainant by his counsel; It is ordered , That the said defendant Robert Burton, do appear here on the first day of November court next, and answer the complainant's bill, and that a copy of this order be forthwith inserted in some one of the public newspapers printed in the city of Richmond for two months successively, and also posted at the front door of the court house of this county.
A Copy, Teste, Benjamin Watkins, D. C.
In King William County Court, July 27th, 1807.
Christopher Tompkins, Complainant, In Chancery. Against, Thos. Reeves & John Temple, Defs.
THE defendant Thomas Reeves, not having entered his appearance and given security according to the Act of Assembly, and the rules of this Court, and it appearing to the satisfaction of the Court, that he is not an inhabitant of this country; on the motion of the Complainant by his counsel, It is ordered , that the said defendant Reeves, do appear here on the fourth Monday in November next, and answer the bill of the Complainant; and that a copy of this order be forthwith inserted in some newspaper published in the city of Richmond for two months successively, and posted at the front door of the Court house of this county. And it is further ordered that the defendant Temple do not pay, convey away, or secrete any debts by him owing to the other defendant, Thomas Reeves, until the further order or decree of this court.
A Copy, Teste, Robert Pollard, C. C.
JUST RECEIVED. A FRESH SUPPLY OF DR. WHEATON'S Patent Itch Ointment and Fauduice Bitters.
United States Court, fifth Circuit, and Virginia District, May term, 1807.
Robert Berkeley and Julia his wife, late Julia Carter, daughter and devisee of Robert Carter, deceased, Pls. Against, George Carter, acting executor and devisee of the same Robert Carter, Priscilla Mitchell and Robert Mitchell her husband, Betsey Landon Ball and Spencer Ball her husband, Harriet Lucy Maund, Sarah Fairfax Chinn, John Tasker Carter, Sophia Carter, Harriet Peck, John Peck, Emanuel Peck, Tasker Carter Quinton, an infant, Hugh Quinton, guardian of Tasker Carter Quinton, Francis Jones, Thomas Jones, Sarah Jones, Elizabeth Jones and Jane Jones, infants by Walter Jones their guardian, Defs.
THE defendant Sophia Carter, not having entered her appearance, and given security according to a rule of this court, and it appearing to the satisfaction of the court, that she is not an inhabitant of this district; on the motion of the plaintiffs by their counsel; It is ordered , That the said defendant do appear here on the first day of the next term, and answer the plaintiff's bill, and that a copy of this order be forthwith inserted in some one of the newspapers, published in the city of Richmond for two months successively, and posted at the front door of the capitol in the said city.
A Copy, Teste, Wm. Marshall, Clk.
LOAN-OFFICE, State of Virginia, June 3, 1807.
NOTICE is hereby given, That in conformity with the provisions of the act supplementary to the act, intitled "An act making provision for the redemption of the whole of the public debt of the United States," books will be opened at the office of the commissioner of loans for the state of Virginia on the first day of July next, to continue open until the seventeenth day of March, 1808, inclusively, the fourteen last days of each quarter excepted, for the purpose of receiving subscriptions for such parts of the old six per cent. deferred stock as may, on the day of subscription, stand on the books of the said commissioner of loans.
Those proprietors of the old six per cent. and deferred stocks, who may subscribe, will receive in lieu thereof a new six per cent. stock, equal to the unredemed amount of the stock surrendered, redeemable at the pleasure of the United States, under a proviso however, that no reimbursement shall be made except for the whole amount of any such new certificate of stock, nor till after six months previous notice; and the proprietors of the three per cent. stock who may subscribe, will receive in lieu thereof, a six per cent. stock, equal to sixty-five per cent. of the amount of three per cent. surrendered, redeemable in the same manner as the new six per cent. stock, abovementioned, but not reimbursable however, without the assent of the holders, until after the whole of the new six per cent. stock (given in exchange for old six or deferred as abovementioned) as well as the whole of the eight per cent. stock of the United States, shall have been reimbursed. It is also provided that in every reimbursement which may take place, a preference will be given to those creditors who may notify their wish to be reimbursed; and that if the applications to that effect shall at any time either exceed or fall short of the sum then applicable to that purpose, the priority of payment shall, so far as may be necessary, be determined by lot.
The present stockholders who reside in any part of Europe, and may assent to that modification, may, at their option, receive the interest accruing on the new stock, either in the United States as heretofore, or in London, or Amsterdam, at par; in which last case the interest will be paid there by the bankers of the United States, six months subsequent to the day on which the same would be payable in the United States and subject to no variation; nor to any other deduction than a commission to the bankers, of one half per cent. on the interest thus paid.
JOHN PAGE, Commissioner of Loans.
  Proprietors of 1000 dollars nominal six per cent. stock, subscribed before the 1st October, 1807, will be entitled to receive, 649 62 of new six.   of subscribed between the 1st October, and 31st Dec. 1807, 644 37   If subscribed between the 1st January and 17th March, 1808, 619 08   Proprietors of 1000 dollars nominal deferred, subscribed before the 1st October, 1807, will be entitled to receive, 855 78   of subscribed between the 1st October, and 31st Dec. 1807, 853 68   If subscribed between the 1st January, and 17th March, 1808, 831 42   Being the unredemed amount of the old stock on the 1st July, and October, 1807, and 1st January, 1808, respectively.   Proprietors of 1000 dollars three per cent. stock will be entitled to receive 650 dollars of new six. 90m J P. Com'r. Loans. 
*** TICKETS in the Second Class of the William and Mary College Lottery for sale at this office.
RUN AWAY from the Subscriber, (on the night of the 28th of July last,) living in Cumberland County, about eight miles from Cartersville and about one mile from James River.
Two Negroes, A Woman about twenty seven years old, named GIL, of a yellowish complexion and of a common size. The Boy about nine years old, named ISAAC, of a very black complexion, has a scar over his right eye, and an impediment in his speech. I will give ten dollars reward, to any person who will deliver the said Negroes to me or secure them so that I get them again.
AUG. 3, 1807. JESSE WOODSON, wif
C. Parlascia & John M'Conachy, CARVERS & GILDERS, In the second Tenement of Col. Mayo's new building on the Main-street.
BEG leave to inform the ladies and gentlemen of Richmond, that they have on hand, an elegant assortment of Looking Glasses, Pictures, Prints, Barometers, Theometers, Microscopes, Telescopes, Silver and Tortoise Shell Spectacles, and all other articles in their line.—Window and Bed Cornices done on the most reasonable terms.
PROFILES Cut by John M'Conachy, and painted by L. Remoult, who also takes Likenesses in Miniature. Price of cutting the profiles, 25 cents; for painting them 3 dollars, and of miniature 16 dollars.
N B No likeness, no pay.—Specimens of the manner of cutting, shading the hair, painting, &c. may be seen at the said store. Richmond, July 30, 1807. w2m
Valuable Family Medicines.
Just received direct from the Patentees, and for SALE WHOLESALE and RETAIL, by SAMUEL PLEASANTS, Jr. Richmond, a large supply of the following very valuable Medicines, viz: Dr. Cooley's Vegetable Elixir, or Cough Drops. Superior to any other medicine ever before invented, for all complaints of the Lungs, and has been known frequently to effect a cure after all other medicines have failed. It is to be hoped that all those who are laboring under Consumption and other diseases of the Lungs, will resort to this valuable medicine for relief.—Price 75 cents a bottle. Dr. Rawson's Anti-Bilious and Stomachic Bitters.
Which have proved so extremely serviceable for a few years past, in restoring weak and decayed constitutions of almost every description, and for removing all those complicated complaints so common in the spring season.—For a common bitter to use in families, none can exceed them for pleasantness. To show that these excellent bitters are held in high estimation by Physicians of eminence, we need only insert the following extract of a letter from Dr. John Willcox a respectable Physician, and post-master at the city of Vergennes.
VERGENNES, October 23d, 1804. SIR, I have been one of those who never put much faith in patent medicine until of late, but must acknowledge from actual experience, that I have received more benefit from Dr. Rawson's Bitters, than from all the medicine I ever before took; I have been very unwell with a slow remittant fever.
I am, &c. JOHN WILLCOX, M. D.
Dr. Lee's (Windham) Bitters Pills, Which have proved so eminently useful for these 12 years past in all Bilious Complaints, Indigestion, Jaundice, Dropsies, Debility, Heart Acids, Costiveness, Female Complaints, &c. Their virtues are too well known to need comment in an advertisement.—Price 50 cents a box.
Dr. Thompson's Aromatic Tooth Paste, Which whitens and preserves the teeth, gives an agreeable smell to the breath, and cures the scurvy in the teeth and gums; it may be applied at all times without in the least injuring the teeth. The very great and extensive sale this medicine has met with, bespeaks its intrinsic worth.—Price 50 cents a box.
Dr. Rawson's Anti-Bilious Pills, or Family Physic. A medicine which no family ought to be without, as those Pills are useful in every complaint where purgation is necessary; they are certain to operate in a short time without occasioning the least pain or griping.—Price only 25 cents a box.
Dr. Rawson's Celebrated Worm Powders. The most proper medicine that can be given to children to destroy Worms & to remove crudities of every kind from the first passages.—Price 50 cents a packet.
Dr. Rawson's (Genuine) Itch Ointment. The most certain and safe application for that disagreeable complaint called the Itch, of and now in use. It also cures all kinds of eruptions on the face or skin. It is very agreeable in smell, leaves the skin smooth & beautiful, it may be applied at all times with the greatest safety.—Price only 42 cents a box.
Dr. Rawson's much celebrated Worm Powders, Which have proved very efficacious in dislodging and expelling worms from the bowels of children, they are also a gentle purge, and the most proper physic that can be given to children to remove crudities of every kind from the first passages—ample directions accompany each package—50 cents.
Fineckley's infallible remedy for the Piles. A certain cure for that disagreeable complaint 50 cents a box.
Dr. Cooley's Rheumatic Pills. Good in all Rheumatic complaints—Price 24 cents.
Very particular directions accompany each of these valuable medicines.
FOR SALE AT THIS OFFICE. VOL. 4th, PART 2d, OR NO. 8 OF REES'S NEW CYCLOPEDIA, Is just received and ready for delivery to subscribers at this office. Aug. 6.
BEDFORD CAVALRY.
AT a meeting of the Troop of Cavalry, commanded by James Leftwich, in the county of Bedford, and attached to the 91st Regiment at their parade ground on the 15th day of August, 1807, the following resolutions were unanimously agreed to.
Resolved, That we consider the late outrage committed on our national frigate the Chesapeake by a British ship of war the Leopard, a wanton, unprovoked insult on our national sovereignty.
Resolved, That we have the highest confidence in the government of the United States, and that we will freely, when thought necessary, march to any point we may be directed in defence of our insulted country.
Resolved, That this Troop offer their services to the Executive of Virginia as volunteers, conformable to an act of Congress authorising a detachment from the militia of the United States, and hold themselves ready to march at a moment's warning, pledging themselves, with their lives and fortunes in support of our national honor and independence.
Resolved, That the foregoing resolutions be signed by the commander of this Troop, and a copy thereof be sent to the Executive of this state, and published in the Virginia Argus, and Lynchburg Star.
JAMES LEFTWICH, Com'd. Teste, PEYTON LEFTWICH, 1st Lieut. EDMUND LOUGHOON, 2nd Do. JESSE CLARK, Cornet.
BEDFORD CAVALRY.
AT a meeting of Capt. James Otey's Troop of Cavalry, at the house of Mr. Walter Otey, in the town of Liberty, Bedford county, Virginia, on Saturday the 15th of August, 1807—after making choice of Capt. James Otey, Chairman, and Mr. William Porter, Secretary, the following resolutions, prepared by a committee, previously appointed, of Walter Otey, William Hopkins, Samuel Quarles, John Walden, Archibald Stratten, Armistead Otey, J. Flood, Josiah Auld, John Markle, and Harrison I. Hughes, the following resolutions were unanimously adopted.
1st. Resolved, That we not only approve of the spirited resolutions, already entered into by our brethren of Norfolk, Richmond, and the whole of the Atlantic coast, but we pledge our lives, our honor, and our all, to join them in the firm support of our constitutional authorities, and if honorable redress be not made, for the dastardly, insolent outrage, committed by the commander of the Leopard, we engage to stand ready at a moment's warning, to repel any outrage that may hereafter be attempted.
2nd. Unanimously resolved, That we cheerfully tender our services to our beloved President, and wait his orders for our further movements.
3d. Unanimously resolved, That a copy of the foregoing resolutions be transmitted to the President of the United States, and that they be inserted in the Virginia Argus and Lynchburg Star.
Signed by order of the whole. JAMES OTEY, Chairman. WILLIAM PORTER, Sec'y.
AT a numerous meeting of the citizens of Botetourt county at Fincastle, on Tuesday the 11th day of August, 1807, to take under consideration the late outrage committed upon the American frigate Chesapeake, by the British armed vessel Leopard—Col. Geo. Hancock was called to the chair and col. Henry Bowyer appointed secretary. Whereupon James Breckenridge, Patrick Lockheart, Allen Taylor, Charles Beale, Elijah M'Clanahan, Andrew Hamilton, James Mason, and the rev. Robt. Logan were appointed a committee to draft such resolutions, as would be expressive of the sense of this meeting. The committee returned after a short retirement, and reported the following resolutions, which were unanimously adopted.
While we deplore the fate of our fellow citizens, who were murdered on board the Chesapeake, we are unable to express the emotions of indignation with which our minds are filled. We believe there is a point beyond which insulted freemen cannot go, without prostrating their own honor, and the dignity of their country. That crisis has at length arrived and we rejoice to see the spirit of the nation ready to revenge its wounded honor.
Resolved therefore, that we most cheerfully unite with our fellow citizens who have preceded us in expressing their sentiments; like them we declare our readiness to support the government of our beloved country in all such measures as in its wisdom, it may adopt to obtain full, complete and honorable reparation.
Resolved, that the firm and patriotic spirit with which the citizens of Norfolk, Portsmouth, Richmond, Petersburg & their vicinities, have resented the outrage committed upon the sovereignty and dignity of our country highly merits and receives the warmest applause of this meeting.
Resolved, that a copy of these resolutions be sent to the president of the United States; to the governor of this state and the corresponding committee in Richmond.
GEO. HANCOCK, Chairman. H. BOWYER, Sec'y. P.S. I am requested to subjoin, that the reason of the meeting of the citizens of this county has been so long delayed, is that a full meeting might take place as possible, which is believed has been the case—this being the day of the quarterly court for the county. GEO. HANCOCK, Chairman.
From the Baltimore Federal Gazette.
We have spared no trouble this morning to ascertain a correct knowledge of the facts connected with the villainous seizure of a valuable ship within our own waters. The case of the Othello, so far as we are permitted to state at present, is this: Ship Othello, captain Glover, from Liverpool for Baltimore, came to anchor on Sunday morning in the Patuxent; being a more agreeable harbor, with a head wind, than in the open bay. Some time after the captain of the French frigate La Cybelle came on board the Othello, where he continued about two hours. The behavior of the French captain was gentlemanly, and he obtained from captain Glover some English newspapers. Soon after the French commander had returned to his ship, captain G. discovered a small schooner alongside the Cybelle; which proved to be a French Privateer—shortly after she came on board and commenced firing on the Othello. The privateer had discharged several volleys of musketry on the Othello, a ball from one of which passed through the hat of captain G's mate, when captain G. sent off a boat to enquire into the cause of assault. The captain of the privateer commanded captain G. to repair with his officers and papers on board his vessel. The commander of the privateer said he would make a prize of the Othello, as coming from an English port, and of the cargo, being English manufactures. He acknowledged his intercourse with the French frigate, by stating that he had read the papers which had been received by her commander from captain G. After which, being asked what had been his business alongside the Cybelle? he answered, that "he had had an iron made for his rudder by her blacksmith."
The privateer's man, it appears, had offered a pilot 400 dollars to take him (in the Othello) out of the capes, clear of the British squadron. The pilot refused; but we are not informed whether from this circumstance it was that the Othello was liberated. A full statement is preparing for the public of this outrageous conduct.
From the relation of a respectable gentleman, well acquainted with the facts above stated, we are inclined to believe that the privateer was countenanced by the commander of the Cybelle. This impression, we acknowledge, is produced by the assertion of the privateer's captain, "that the captain of La Cybelle supplied him with 15 men, and offered 100." At such a crisis, surrounded by enemies, we must be permitted to protest against the doctrine that commerce should protect itself: If we are not to have a navy, even capable of guarding the entrance of our harbors, yet we certainly could maintain a sufficient force to expel from our rivers such a contemptible robber as cannot carry a nine pounder.
The alacrity with which a number of volunteers went in pursuit of the enemy, is no argument against the necessity of navy protection. Their patriotic ardor is a proof rather that such measures as the federalists plead for, are such as the American people demand, and such as the government will be compelled to adopt.
We hope to be able, in our next number, to give a formal and complete statement of the case which has so much agitated the minds of our fellow citizens."
We are informed that General Turreau, the French minister near the United States, who is now in this city, on hearing the report that the pirate that seized on the Othello had been countenanced and assisted by the commander of the Patriot, immediately sent down a commission to enquire into the business, with the express declaration that if they had in any way connived at or aided in the attack on the Othello, the guilty should be immediately delivered up to the government of the United States, to be proceeded against agreeable to the laws of this country. Captain Coimey, we understand, has gone down with these instructions.—Baltimore American.
Two or three more detachments of volunteers sailed last night on board an armed schooner, in pursuit of the buccaneers who attempted to carry off the Othello. They are commanded by the two captains Sterret. It is supposed the pirate is lurking in some of the rivers on our bay. If she is fallen in with, there can be no doubt of her being brought safe into harbor. The public will be pleased to learn Captain David Porter, an officer of experience and skill, lately returned from the Mediterranean, has gone down with the detachments. ib.
Just Published and for sale at this Office, (PRICE 50 CENTS) The Virginia Nightingale, CONTAINING A Choice Collection of New Songs.
MAYOR & UNIVERSAL SPELLING BOOK, ACCOMPANIED BY A progressive series of Easy and Familiar Lessons, Intended as an Introduction to the first Elements of English Language. BY WILLIAM MAYOR, L. L. B. (First American edition, revised and corrected.) August 29.
GENTLEMEN who have been engaged to receive subscriptions to the SECOND VOLUME of the REVISED CODE of VIRGINIA LAWS, now in the press, are respectfully requested to return the subscriber papers to the publisher by the first of November next, on which day, the subscription, at the present price, will be closed.

Trial of Aaron Burr.
OPINION
Of the Court, on the motion to arrest the evidence-delivered on
MONDAY, August 31.
The question now to be decided has been argued in a manner worthy of its importance, and with an earnestness evincing the strong conviction felt by the counsel on each side that the law is with them.
A degree of eloquence seldom displayed on any occasion has embellished a solidity of argument and a depth of research by which the court has been greatly aided in forming the opinion it is about to deliver.
The testimony adduced on the part of the U. S. to prove the overt act laid in the indictment, having shown, and the attorney for the U. S. having admitted, that the prisoner was not present when that act, whatever may be its character, was committed, and there being no reason to doubt but that he was at a great distance and in a different state, it is objected to the testimony offered on the part of the U. S. to connect him with those who committed the overt act, that such testimony is totally irrelevant and must therefore be rejected.
The arguments in support of this motion respect in part the merits of the case as it may be supposed to stand independent of the pleadings, and in part as exhibited by the pleadings.
On the first division of the subject two points are made.
1st. That conformably to the constitution of the U. S. no man can be convicted of treason who was not present when the war was levied.
2d. That if this construction be erroneous, no testimony can be received to charge one man with the overt acts of others, until those overt acts as laid in the indictment be proved to the satisfaction of the court.
The question which rises on the construction of the constitution, in every point of view in which it can be contemplated, is of infinite moment to the people of this country and to their government, and requires the most temperate and the most deliberate consideration.
"Treason against the United States shall consist only in levying war against them."
What is the natural import of the words "levying of war" and who may be said to levy it? Had their first application to treason been made by our constitution, they would certainly have admitted of some latitude of construction. Taken most literally they are perhaps of the same import with the words raising or creating war, but as those who join after the commencement are equally the objects of punishment, there would probably be a general admission, that the term also comprehended making war, or carrying on war. In the construction which courts would be required to give these words, it is not improbable that those who should raise, create, make or carry on war might be comprehended. The various acts which would be considered as coming within the term would be settled by a course of decisions, and it would be affirming nothing to say that those only who actually constituted a portion of the military force appearing in arms could be considered as levying war. There is no difficulty in affirming that there must be a war or the crime of levying it cannot exist, but there would often be considerable difficulty in affirming that a particular act did or did not involve the person committing it in the guilt and in the fact of levying war. If for example, an army should be actually raised for the avowed purpose of carrying on open war against the U. S. and subverting their government, the point must be weighed very deliberately, before a judge would venture to decide that an overt act of levying war had not been committed by a commissary of purchases, who never saw the army, but who, knowing its object and leagu- ing himself with the rebels, supplied that army with provisions, or by a recruiting officer holding a commission in the rebel service, who, though never in camp exe- cuted the particular duty assigned to him.
But the term is not for the first time ap- plied to treason by the constitution of the U. S. It is a technical term. It is used in a very old statute of that country, whose language is our language, and whose laws form the substratum of our laws. It is scarcely conceivable that the term was not employ- ed by the framers of our constitution in the sense which had been affixed to it by those from whom we borrowed it. So far as the meaning of any terms, particularly terms of art, is completely ascertained, those by whom they are employed must be considered as employing them in that ascertained meaning, unless the contrary be proved by the context. It is therefore reasonable to suppose, unless it be incompatible with other expressions of the constitution, that the term "levying war" is used in that instru- ment in the same sense in which it was un- derstood in England and in this country, to have been used in the statute of the 25th of Edward 3d, from which it was borrowed.
It is said that this meaning is to be col- lected only from adjudged cases. But this position cannot be conceded to the extent in which it is laid down. The superior au- thority of adjudged cases will never be con- troverted. But those celebrated elementary writers, who have stated the principles of the law, whose statements have receiv- ed the common approbation of legal men, are not to be disregarded. Principles laid down by such writers as Coke, Hale, Fos- ter and Blackstone, are not lightly to be re- jected. These books are in the hands of every student. Legal opinions are formed upon them, and those opinions are after- wards carried to the bar, the bench and the legislature. In the exposition of terms therefore used in instruments of the pre- sent day, the definitions and the dicta of those authors, if not contradicted by ad- judications, and if compatible with the words of the statute are entitled to respect. It is to be regretted that they do not shed as much light on this part of the subject as is to be wished.
Coke does not give a complete definition of the term, but puts cases which amount to levying war. "An actual rebellion or insurrection, he says, is a levying of war." In whom?—Coke does not say whether in those only who appear in arms, or in all those who take part in the rebellion or in- surrection by real aid.
Hale, in treating on the same subject puts many cases which shall constitute a levying of war, without which no act can amount to treason, but he does not particularise the parts to be performed by the different per- sons concerned in that war, which shall be sufficient to fix on each the guilt of le- vying it.
Foster says "the joining with rebels in an act of rebellion, or with enemies in acts of hostility, will make a man a traitor." "Furnishing rebels or enemies with mo- ney, arms, ammunition or other necessaries will prima facie make a man a traitor."
Foster does not say that he would be a traitor under the words of the statute inde- pendent of the legal rule which attaches the guilt of the principal to an accessory, nor that his treason is occasioned by that rule. In England, this discrimination need- not be made except for the purpose of fram- ing the indictment, and therefore in the English books we do not perceive any ef- fort to make it. Thus, surrendering a cas- tle to rebels being in confederacy with them is said by Hale and Foster to be treason un- der the clause of levying war, but whether it be levying war in fact, or aiding those who levy it is not said. Upon this point, Blackstone is not more satisfactory. Al- though we may find among the commen- tators upon treason enough to satisfy the enquiry what is a state of internal war? Yet no precise information can be acquir- ed from them which would enable us to de- cide with clearness whether persons not in arms, but taking part in a rebellion, could be said to levy war independent of that doc- trine which attaches to the accessory the guilt of his principal.
If in adjudged cases this question has been taken up and directly decided, the court has not seen those cases. The argu- ments which may be drawn from the form of the indictment, though strong, are not con- clusive. In the precedent found in Tre- maine, Mary Speake, who was indicted for furnishing provisions to the party of the duke of Monmouth, is indicted for furnish- ing provisions to those who were levying war, not for levying war herself. It may correctly be argued, that had this amount- ed to levying war, she would have been in- dicted for levying war, and the furnishing provisions would have been laid as the o- vert act. The court felt this when the pre- cedent was produced. But the argument, though strong, is not conclusive, because in England, the enquiry whether she had be- come a traitor by levying war, or by giving aid and comfort to those who were levying war, was unimportant because too, it does not appear from the indictment that she was actually concerned in the rebellion, that she belonged to the rebel party, or was guilty of any thing further than a criminal speculation in selling them provisions.
It is not deemed necessary to trace the doctrine that in treason all are principals to its source. Its origin is most probably stated correctly by judge Tucker, in work, the merit of which is with pleasure ac- knowledged. But if a spurious doctrine has been introduced into the common law, and has for centuries been admitted as genuine, it would require great hardihood in a judge to reject it. Accordingly, we find those of the English jurists who seem to disapprove the principle, declaring that it is now too firmly settled to be shaken.
It is unnecessary to trace this doctrine to its source for another reason. The terms of the constitution comprise no question re- specting principal and accessory, so far as either may be truly and in fact said to levy war: whether in England a person would be indicted in express terms for levying war, or for assisting others in levying war, yet if in correct and legal language he can be said to have levied war, and if it has never been decided that the act would not amount to levying war, his case may with- out violent construction be brought within the letter and plain meaning of the consti- tution.
In examining these words the argument which may be drawn from felonies, as for example, from murder, is not more conclu- sive. Murder is the single act of killing with malice aforethought. But war is a complex operation composed of many parts, co-operating with each other. No one man or body of men can perform them all if the war be of any continuance. Although then in correct and in law language, he alone is said to have murdered another who has perpetrated the fact of killing, or has been present aiding that fact, it does not follow that he alone can have levied war who has borne arms. All those who perform the various and essential military parts of pro- secuting the war which must be assigned to different persons may with correctness and accuracy be said to levy war.
Taking this view of the subject it appears to the court, that those who perform a part in the prosecution of the war may correct- ly be said to levy war and to commit trea- son under the constitution. It will be ob- served, that this opinion does not extend to the case of a person who performs no act in the prosecution of the war, who coun- sels and advises it, or who being engaged in the conspiracy fails to perform his part.— Whether such persons may be implicated by the doctrine, that whatever would make a man an accessory in felony, makes him a principal in treason, or are excluded, be- cause that doctrine is inapplicable to the U. S. the constitution having declared that treason shall consist only in levying war, and having made the proof of overt acts necessary to conviction, is a question of vast importance which it would be proper for the supreme court to take a fit occasion to decide, but which an inferior tribunal would not willingly determine unless the case before them should require it.
It may now be proper to notice the op- inion of the supreme court in the case of the United States against Bollman and Swart- wout. It is said that this opinion in declar- ing that those who do not bear arms may yet be guilty of treason, is contrary to law, and is not obligatory, because it is extra- judicial, and was delivered on a point not argued. This court is therefore required to depart from the principle there laid down.
It is true, that in that case after forming the opinion that no treason could be com- mitted, because no treasonable assemblage had taken place, the court might have dis- pensed with proceeding further in the doc- trines of treason. But it is to be remem- bered, that the judges might act separate- ly, and perhaps at the same time, on the various prosecutions which might be institu- ted, and that no appeal lay from their decisions. Opposite judgments on the point would have presented a state of things in- finitely to be deplored by all. It was not surprising then that they should have made some attempt to settle principles which would probably occur, and which were in some degree connected with the point be- fore them.
The court had employed some reasoning to show that without the actual embodying of men, war could not be levied. It might have been inferred from this, that those only who were so embodied could be guilty of treason. Not only to exclude this infer- ence, but also to affirm the contrary, the court proceeded to observe, "It is not the intention of the court to say that no in- dividual can be guilty of this crime who has not appeared in arms against his country. On the contrary, if war be actually levied, that is, if a body of men be actually assem- bled for the purpose of effecting by force a treasonable object, all those who perform any part, however minute, or however re- mote from the scene of action, and who are leagued in the general conspiracy, are to be actually considered as traitors."
This court is told that if this opinion be incorrect, it ought not to be obeyed, because it was extra-judicial. For myself, I can say that I could not lightly be prevailed on to disobey it, were I even convinced that it was erroneous, but I would certainly use any means which the law placed in my power to carry the question again before the su- preme court, for re-consideration, in a case in which it would directly occur and be fully argued.
(To be continued.)
LATEST PROCEEDINGS IN THE TRIAL.
WEDNESDAY, September 2. THE session of the court commenced at twelve o'clock.
Present the Chief Justice of the United States. Mr. Hay wished to know whether he correctly understood the opinion of the court delivered the day before. He had understood it to be that the transaction at Blannerhasset's island did not amount to an overt act of levying war against the United States. If so, he should not be disposed to prosecute Blannerhasset and Smith on the indictments for treason found against them here. After dismissing those indictments, he should move the court to commit, for the purpose of sending them to the state of Kentucky, where overt acts of treason could be proved upon them.
The Chief Justice. The court did not mean to give an opinion upon the act at Blannerhasset's island, but a statement of the law, to be applied by the jury. Yet, as the jury has now been discharged, I think it proper to give the information request- ed; and to say it was the opinion of the court that the transaction at Blannerhas- set's island was not such as constituted an overt act of levying war.
Mr. Hay. As this is the case, I shall enter a nolle prosequi upon those indict- ments, and wish Messrs. Blannerhasset & Smith to be brought into court, that a mo- tion may be made against them as well as against Col. Burr.
Col. Burr observed that the motions were distinct, and ought not to be combin- ed. He wished also the place to be speci- fied where the treason was alleged.
Mr. Hay said he did not think himself bound to specify the place particularly; but would do it as well as he was able. He understood that, at the mouth of Cum- berland river, an overt act of treason had been committed; that Burr, Blannerhasset and Smith were all present at that place, where an armed multitude was assembled. They moved on to Bayou Pierre, certainly not decreasing, but rather continually in- creasing, tho' slowly, in military appear- ances, until they reached the last mention- ed place. The court will decide after hear- ing the evidence, to which place the per- sons accused ought to be sent for trial. Mr. Hay observed also that the cases of all three being nearly the same, combining the mo- tions into one would save time: since it would prevent the necessity of repeatedly examining the witnesses.
Col. Burr. There will be no necessity of examining the same witnesses more than once, as the same court will hear their tes- timony; but different evidence may be ad- duced for one or the other of the persons accused.
Mr. Botta observed that the case of Col. Burr stood on different grounds from the rest, as to many points of legal enquiry as well as evidence; that there were also dif- ferent counsel employed for the other pri- soners, which would render a separate ar- gument necessary. The motions ought therefore to be separate; one examination of the witnesses will be sufficient: when that is gone thro', Mr. Hay's overt act will be a subject of ridicule even to himself.
Mr. Wickham. There is another ground of objection to a joint motion. Col. Burr is acquitted, and entitled to his discharge. Shall he be detained in confinement, while evidence is examined, and arguments of counsel are heard, relating only to the ca- ses of Smith and Blannerhasset?
The Chief Justice said that the plea of acquittal presented a question of law and not of fact, and might be reserved for dis- cussion. As to the joint motion, that is another question. The grand jury often find a joint bill of indictment against sev- eral persons charged with the same crime; tho' the trial cannot be joint without con- sent. But I think the motions ought to be taken up separately; and as a great port- ion of the testimony must bear upon all the persons accused, they must all be in court when the examination is going on, for the purpose of cross-examining the witnesses.
fence, that court could not divest itself of its jurisdiction, and send him to another court to be tried for any other crime.
Mr. Hay observed that after the evidence was examined, if the court should be of op- inion that the prisoner ought to be commit- ted and sent, but for that difficulty, he could then remove it, by entering a nolle prosequi on the indictment for a misde- meanor.
Messrs. Wickham and Botta contended that that question ought to be settled before the evidence was examined.
Some conversation ensued on this point. Mr. Hay said the application made to the court was to commit ; but the district judge was to transmit the prisoner; that when the motion should be made to the district judge, it would be time enough to remove the difficulty, if it should then occur.
The Chief Justice said the principal diffi- culty was whether he was not bound, on the motion to commit, to consider the whole question which might come before the dis- trict judge. He examined the law of con- gress, (1 vol. L. U. S. p. 72, § 33) which re- quires that if the offence is found bailable, the person accused is to be bound in a re- cognizance to appear before such other court of the U. S. as should have jurisdic- tion; and asked how this could be done when he was "in custody here," for another offence! He said too, "this court is compel- led to specify in its order the court to which he is to be sent, and the district judge is bound to carry the order into effect. How can this be done while the prosecution for a misdemeanor is pending here?"
Berman Blannerhasset and Israel Smith were brought into court.
Mr. Hay said he was sorry so much trou- ble had been occasioned; that, as the court appeared to be of opinion, that the prisoners could not be transmitted, until the indict- ments for misdemeanors were disposed of, he would acquiesce in that opinion, and proceed to try Aaron Burr for the mis- demeanor.
The clerk was about to read the indict- ment, when Col. Burr stopped him, and said he was not to be arraigned, but could plead by attorney; 'that he was not before the court as to this charge!! but was ready to make his motion for his discharge; having been acquitted of the treason.'
Mr. Wirt observed that the proclamation made by the officer of the court was that "if any person could inform the court of any treason, felony, or misdemeanor commit- ted by the prisoner, &c.;" that the counsel of the U. S. now showed cause a- gainst his discharge, by charging him up- on the indictment for a misdemeanor.
Mr. Botta contended that the court was to judge whether the charge was of such a nature as to detain him in custody. He then proceeded to argue, very much at length, that a person charged with an of- fence less than capital is not to be retain- ed in custody, but in the first place, to be summoned to answer the indictment. He said that on indictments for misdemeanors, the regular course in Virginia was to issue a summons or venire facias , command- ing the accused to appear; not a capias to take his body; until he should be in contempt; that it was contrary to common sense, in cases where the punishment, or conviction, is only fine and imprisonment, that imprisonment should precede the sen- tence. In support of this position, he ci- ted Purcell's case in 1779, from the order book of the general court No. 36. p. 73, 79 and the cases of the Hunts for riots, ib. p. 76 and 97.—He said the laws of the sev- eral states furnished the rules of proceeding in trials, & with respect to process also in the federal courts. To prove this he cited Call's M. S. reports of cases decided in this court p. 113, 235 and 247, and the 34th sec. of the judicial act. (L. U. S. 1 vol. p. 74); Mundel's case in this court, order book A. 338 and 397.—St. Clair's case, ib. 404 and 439.
He observed that Judge Chase, in the case of Callender , had awarded a capias instead of a summons ; but this was done without argument, and proceeded from his not being acquainted with the law of Vir- ginia; that his doing so was the foundation of one of the articles of impeachment against him. The Senate had indeed una- nimously acquitted the judge on that arti- cle; but it did not follow that they appro- ved of his opinion; since they might have thought, that he had acted inadvertently, and with no evil design. To show that Judge Chase's opinion was erroneous, he quoted the argument of Mr. John Randolph one of the managers of the impeachment (Chase's trial p. 17) and cited Mr. Hay's own declarations, ib. p. 35.
Mr. Hay interrupted him, and said that his conduct in Mr. Botta was unfair; that Mr. Martin had delivered on that occa- sion a long speech maintaining a doctrine opposite to that now contended for by Col. Burr's council, but he would scorn on the present occasion, to make use again of what he had then said.
Mr. Botta said there was a difference between the situation of Mr. Martin and Mr. Hay. Mr. Martin as defending a person accused, and was therefore justi- fied in using the best arguments he could for his client, but Mr. Hay had declared, as to himself, that he defended Callender merely as the Lawyer of the constitution; and on that occasion was giving testimony as a witness.
He proceeded to cite 2 Hawk 402 c. 27, sec. 9, that a venire facias to cause the party to appear is the proper process; the Rev. Code p. 106 sec. 28 to show "th t up- on presentment by a grand jury of an of- fence not capital, a summons or other pro- per process is to be issued, returnable to the next court;" and 4 Tick. Bl. as ex- plaining the word " presentments " to com- prehend " indictments ."
He observed that the oath of the grand jury for that very reason mentioned fire- sentments only. He contended that the words "or other proper process" meant process in the nature of a summons;—such as a venire facias .
Mr. Hay said he felt very little solic- itude about the event of this motion; but rested his opposition to it on the circum- stance that the court had a ready held Col. Burr to bail.—He admitted the opinion was not binding; since it was on a point not argued; but it was founded on the 33d. sec. of the act of congress. (L. U. S. 1 v. p. 73) which directs bail to be taken. It would be a manifest incongruity to hold the pri-
soner to bail for his appearance, before the grand jury had found a bill of indictment against him; and, afterwards to let him go at large.
Mr. Wickham answered Mr. Hay in a witty and ingenious speech, which we are sorry our limits will not permit us to give in detail. He took, however, nearly simi- lar ground with Mr. Botta, and relied on the same authorities; though, with great skill, he varied the points of view in which he placed the subject. He particularly at- tacked the argument of Mr. Hay, that a man's being held to bail by a magistrate before he was indicted furnished a reason for continuing to hold him to bail after the indictment was found; contending it was not the law or the practice; upon an indict- ment for a misdemeanor, to hold the per- son accused to bail, where there had pre- viously been no commitment; and that the circumstance of a prior commitment ought not to vary the case.
The Chief Justice took time to consider the question, and adjourned the court till Thursday 10 o'clock.
THURSDAY, Sept. 3.
The Chief Justice delivered his opinion in writing at considerable length on the question made the day before; the result of which was that a capias was declared to be the proper process, in this and other cases of misdemeanor where imprisonment is part of the punishment upon conviction; but that the accused being already in cus- tody, it was unnecessary to issue it. He might however, be admitted to bail.
Mr. Hay said he would then proceed with the indictment for misdemeanor.
Col. Burr mentioned that the letter from gen. Wilkinson to the president of the U. S. had not yet been produced.
Mr. Hay declared that he had looked over all the papers received from Mr. Rod- ney, and had not been able to find it. He had written to that gentleman on the sub- ject; and offered to furnish col. Burr with a copy verified by an affidavit.
Col. Burr said he was not prepared to go into trial to-day. He would reflect by to- morrow whether he could accept a copy.
A variety of desultory conversation took place on the subject of the quantum of bail to be required of col. Burr; and on a question, whether his giving bail might not en- tangle or obstruct the motion to commit him for treason; the chief justice seem- ing inclined to think that, if he was bound in a recognizance here, he could not be sent to another state for trial; and his counsel contending, that, to get rid of the difficulty, the counsel for the U. S. ought to dismiss the prosecution for the misdemeanor. At length the chief justice declared it was ne- cessary to bring the question to a close; that if the prisoner was ready to proceed to trial for the misdemeanor, on the next day, the trial should take place; that, if a continuance should be obtained; and a mo- tion then be made to commit him for trea- son, the difficulty suggested should be re- served, for consideration after hearing the motion at large; that in the mean time, col. Burr should be admitted to bail in the sum of 5000 dollars.
Mr. Hay entered a Nolle Prosequi on the indictment for treason against Jonathan Dayton; declaring he had no evidence a- gainst him except certain letters which he had written to gen. Wilkinson; and that he understood he had never been present at any of the overt acts of treason.
Mr. Wickham said that gen. Dayton was ready to plead not guilty on the indictment for a misdemeanor, and go to trial imme- diately.
Mr. Hay said he would take up his case after that of Aaron Burr had been disposed of; that as counsel for the U. S. he had a right to exercise his discretion on that sub- ject; in which the court and Mr. Wickham appeared to acquiesce.
The court adjourned till Friday twelve o'clock.
The following article is taken from the Baltimore Gazette of Saturday evening, as information received by the Mayor by an express from Annapolis;
"An express from the governor to the mayor, brings information that five of the crew of the pirate passed thro' Annapolis on their way to this city, and that a de- tachment of horse were ordered by the go- vernor to apprehend them: these men were yesterday taken, and confessed them- selves a part of the crew. A French boat under lieut. Man, and a French officer with volunteers and Frenchmen out of Annapo- lis, and a packet with two field pieces, un- der command of captains Muir and Duvall, sailed in pursuit of the pirate: the pack- et had returned without success—the other boat had not returned."
RUMOR.
Postscript.—We stop the press to announce an arrival at Salem on Saturday from Eu- rope, which brings London papers 6 days later than before received; among other ar- ticles, our informant adds, they contain this highly important news of a treaty between the United States and Great Britain being signed. [Newburyport paper.]
DEATH.
DIED—On the 29th ult. much lamented by his acquaintances and particularly by those who best knew him; Mr. CONYNG- HAM BURTON, a native of Ireland, and for many years, a citizen of Richmond.— He was an honest man. A part of the just, and elegantly delineated character of his countrymen by Mr. Curran, and to which Mr. Burton had (in common) a claim, shall complete the tribute due to his memory, from the Virginian writer of this.
"The heart of an Irishman is by na- ture bold, it is tender, and he loves; it is generous and he gives; it is social, and he is hospitable.
"How lov'd, "respected;" once avails thee not
"To whom related, or by whom begot,
"A heap of dust, alone remains of thee
"'Tis all thou art, and all the proud shall be."
** Almost every person belonging to this office are at present more or less affec- ted by the prevailing illness. This cir- cumstance prevented the appearance of the Argus at the usual hour this morning.

Latest Foreign Intelligence.
NEW-YORK, August 31.
VERY IMPORTANT.
By the ship Cato Capt. Coit, arrived here yesterday in 40 days from Hull, the editors of the New-York Gazette have received London papers to the 12th of July, containing the important intelligence, that after several successful and bloody battles, Bonaparte had compelled the Russians to ask for an armistice. Previous to agreeing to an armistice, Konigsberg, Memel, &c. surrendered to the French arms.
The London papers state—that Two French sail of the line and four frigates made their escape from Brest before the 8th June.
A severe shock of an earthquake was felt at Lisbon the 6th June. Several houses were much damaged, and the city thrown into the greatest confusion. But few lives were lost. The shock was also felt at St. Ubes, Oporto, &c.
The Expedition from England had not only not been recalled, but the 3d division was to sail immediately. It was said to be possible that the negotiations between Russia and France might not terminate in Peace, in which case this accession of force might be of considerable service to the Russians.
Price of Stocks at London, July 11.—3 per cent cons. for money 63 7-8—do. for opening 68 7-8 61—omnium 3-4 premium.
LONDON, July 11.
IMPORTANT INTELLIGENCE.
A mail from Tonningen arrived last night and another this morning. The latter has brought Hamburg papers to the 5th inst. Paris papers to the 3d inclusive are also arrived, containing the 8th bulletin from the Grand Army, dated from Tilsit on the 19th. The advices from the armies by the Hamburg papers are of the 22d ult. The armistice was signed on the 21st between the Prince Lastanow on the part of Russia, and Berthier on the part of France. The prisoners taken on each side are to be exchanged immediately.—Plenipotentiaries have also been appointed to negotiate a peace between the two countries. The accounts in the German papers state the losses of the Russians in the late battles to have been very great indeed. Two transports belonging to the first division of the expedition arrived at Elsinore on the 20th; the remainder were expected immediately; but a report prevailed at Tonningen, as will be seen by the following letter, which was received just before our paper was put to press, that the transport would not be permitted to pass the sound:—
We are all in alarm, the Consul having ordered all British vessels to depart, and place themselves under the protection of men of war at Wolterwick. A report at this instant prevails, that our expedition is stopped at the sound.
The mails and French papers arrived at so late an hour that we have not time to comment upon their contents to-day.—The following are the important articles brought by them:
COPENHAGEN, June 20.
Yesterday arrived at Elsinore two English transports of the expedition, one of which had on board 24 huzzars of the German Legion with some officers, and the other their horses. Fifty three ships, with 1500 huzzars and horses, beside others, will follow them immediately; they all go to Stralsund. These last days no ships are arrived here from Konigsberg or Memel, we are therefore deprived of later advices from thence, neither have we received the particulars of the Battle near Friedland.
TILSIT, June 9.
Dear Friend,—I am now come after a fatiguing march of fifteen days, to the borders of Russia, upon the banks of the Niemen. During these fifteen days we have fought three skirmishes and two battles, with all possible success; I cannot give you the particulars thereof, as they would be too long; I leave it to the Newspapers to inform you thereof. All I can tell you is that the Russians have never been beaten so dreadfully. This moment the army is no stronger than our van-guard, such a number of men have been killed of them. I assure you that not many prisoners of them have been taken. I estimate their loss in the two battles to 25 or 30,000 men. I can speak with knowledge thereof, for I have been about, upon the field of battle, where the dead were so heaped one upon another, that they might have served me as a writing desk, if on that day I had had writing materials about me.—(Hamburg Correspondent, of July 4)
TILSIT, June 22.
Yesterday an armistice was concluded here between the Prince of Neufchatel, Major-General of the Grand Army, as Plenipotentiary of his Majesty the Emperor of France and King of Italy, and the Prince Lastanow, of Koscow, General Lieutenant Great Cross, &c. as Plenipotentiary of his Majesty the Emperor of Russia, in order to negotiate in the interim a peace. If this should not take place, hostilities can only begin again after a month's previous notice. Commissaries are mean while appointed to exchange the prisoners man for man, and rank for rank; and Plenipotentiaries have been named to treat for and conclude the peace between the two great nations.—Hamburg Correspondent.
Cosel surrendered by capitulation on the 18th of June.
Glatz, in Silesia, surrendered by capitulation on the 15th of June.
An article from Vienna, June 24th, says, "According to accounts from Constantinople of the 3d inst. SULTAN SELIM is dead; but of this we have no official confirmation."
From the Paris papers. EIGHTIETH BULLETIN OF THE GRAND ARMY.
TILSIT, June 19.
During the time that the French army signaled themselves on the field of battle in Friedland, the Grand Duke of Berg arrives before Konigsberg, and takes in flank the corps of the army commanded by General Lestock.
On the 18th Marshal SOULT found at Creutzburg the Prussian rear-guard; and the Division of MILHAUD's Dragoons makes a
fine charge; defeats the Prussian Cavalry, and takes several pieces of cannon.
On the 11th the enemy was compelled to shut himself up in Konigsberg; about noon two of the enemy's columns, which had been cut off, appeared before that place with a view of enticing it; six pieces of cannon, and from three to four thousand men who composed this troop were taken, all the Suburbs of Konigsberg were razed and a considerable number of prisoners were made.
The result of all these affairs is between four and five thousand prisoners, and 15 pieces of cannon.
On the 15th and 16th Marshal SOULT's corps was occupied before the entrenchments of Konigsberg, but the advance of the main body of the army towards Wehlau, obliges the enemy to evacuate Konigsberg, and this place falls into our hands.
The stores found at Konigsberg are immense; two hundred large vessels from Russia are still all loaded in the port. There was much more wine and brandy than we had any reason to expect.
A brigade of the division of St. Hilaire advanced before Pillau to form the siege of that place, and General Rapp has sent off for Danzig a column ordered to go by the Nehrung to raise before Pillau a battery which may shut up the Haff. Vessels manned by marines of the guard render us masters of this small sea. On the 17th the Emperor transferred his head-quarters to the farm of Druska near Vilein Sherin. On the 18th, he advanced them to Squirgirren; and on the 19th he entered Tilsit. The Grand Duke of Berg, at the head of the greater part of the Light Cavalry, some divisions of Dragoons and Cuirassiers, has followed the enemy these three last days, and did him much injury. The 5th regiment of hussars distinguished itself, the Cossacks were repeatedly routed, and suffered considerably in these different charges. We had a few killed and wounded, among the latter is the Chef d'Escadron Picton, Aid-de-Camp to the Grand Duke of Berg.
After the passage of the Fregel opposite to Wecklau, a drummer was charged by a Cossack at full gallop, the Cossack takes his lance to pierce the drummer, but the latter preserved his presence of mind, takes his lance from him, disarms the Cossack and pursues him.
A singular circumstance, which excited the laughter of the soldiers, occurred: for the first time, near Tilsit, where a cloud of Cossacks was seen fighting with arrows. We are sorry for those who give the preference to the ancient arms to those of the moderns; but nothing is more laughable than the effects of those arms against our muskets.
Marshal DAVOUST, at the head of the 3d corps, defied by Labian, fell upon the enemy's rear-guard, and made 3,500 prisoners.
Marshal NEY arrived on the 17th at Insterbourg, and there took 100 wounded and the enemies magazines, which were considerable.
The woods and villages are full of straggling Russians, sick or wounded. The loss of the Russian army is enormous; it has not with it more than sixty pieces of cannon. The rapidity of our madness prevents us from being able as yet to ascertain how many pieces we have taken, but it is supposed that the number exceeds a hundred and twenty.
Near Tilsit the annexed notes, numbered 1 and 2 were transmitted to the Grand Duke of Berg, and afterwards the Russian Prince Lieut. General Labanoff passed the Niemen, and had a conference for an hour with the Prince Neufchatel.
The enemy burnt, in great haste, the bridge of Tilsit, over the Niemen, and appeared to be continuing his retreat into Russia. We are on the confines of that empire. The Niemen opposite Tilsit is somewhat broader than the Seine. From the left bank we see a cloud of Cossacks, who form the rear-guard of the enemy on the right bank.
Hostilities have already ceased. What remained to the king of Prussia is conquered. That unfortunate Prince has only in his power the country situated between the Niemen and Memel. The greatest part of his army or rather of the division of his troops is deserting, being unwilling to go into Russia.
The emperor of Russia remained three weeks at Tilsit with the king of Prussia. On receiving advice of the Battle of Friedland, they both left the place with the utmost haste.
No. I.
The general in chief Benningsen to his excellency the Prince Bagration.
After the torrents of blood which have lately flowed in battles as sanguinary as frequent, I could wish to assuage the evils of this destructive war, by proposing an armistice before we enter into a conflict, into a new war, perhaps still more terrible than the former, I request you, prince, to make known to the chiefs of the French army this intention on my part, of which the consequences may have effects the more salutary, as a general congress has already been proposed, and may prevent a useless effusion of human blood. You will afterwards transmit to me the result of your proceeding; and believe me to be, with the most distinguished consideration,
Your excellency's most humble, And most obedient servant, (Signed) B. BENNINGSEN.
No. II.
GENERAL.—The general commander in chief has addressed to me a letter relative to the orders which his excellency has received from his majesty the emperor, directing me to communicate to you its contents. I think I cannot better comply with his intentions than by transmitting to you the original. I request you at the same time to send me your answer, and accept the assurance of the high consideration with which I am, general.
Your most humble and most obedient servant, B. BAGRATION.
Banks of the Elbe, July 2.
Some private letters state that the French entered Memel before the conclusion of the armistice, and the grand duke Constantine has been at the French head quarters. —L'Abeille du Nord, 3d July.
Mr. Purviance, the secretary to the American minister in this country, who was sent
over to America with the Treaty between this country and the United States, is arrived at Falmouth. He has we understand, brought the Treaty back.
ALBANY, Aug. 28.
IMPORTANT.
After a considerable number of this day's paper had been printed, we were favored, by the politeness of a gentleman, with the following important article, and stop the press to insert it.
Extract of a letter from Geneva, to a gentleman in this city, dated 23d August, 1807.
We have just received intelligence, that the Indians have been committing depredations in the neighborhood of Detroit, and massacred several of the inhabitants; and that the people in the vicinity were flying to the fort for protection.
This intelligence came in a letter from Judge Porter, who resides on the Niagara River, to his brother Col. Porter in Canada. It is the case (as I am apprehensive it is) our company will have to march sooner than they expected.
NEW-YORK, August 29.
Captain Darling, in 17 days from Trinidad, informs that a vessel had arrived there from Grenada before he sailed, bringing accounts that Buenos Ayres had been once more retaken by the English. Nothing had been heard at Trinidad of the Spaniards having retaken Montevideo.
"We learn that there are three full regiments on their way to Quebec: and that Montreal will be the head-quarters of the 41st regiment, and the Canadian Fencibles: so that in case of any sudden attack from the United States, we shall not be found unprepared to give at least five thousand militia a warm reception. "
Montreal Courant, August 10.
To JOEL BARLOW, Philadelphia. New-York, 22d August, 1807.
MY DEAR FRIEND— My steam boat voyage to Albany and back, has turned out rather more favorable than I had calculated. The distance from New-York to Albany is 150 miles; I ran it up in 32 hours and down in 30 hours. The latter is just 5 miles an hour. I had a light breeze against me the whole way going and coming, so that no use was made of my sails; and the voyage has been performed wholly by the power of the steam engine. I overtook many sloops and schooners beating to windward, and past them as if they had been at anchor.
The power of propelling boats by steam is now fully proved. The morning I left New-York there was not perhaps thirty persons in the city who believed that the boat would ever move one mile an hour or be of the least utility. And while we were putting off from the wharf, which was crowded with spectators, I heard a number of sarcastic remarks; this is the way you know, in which ignorant men compliment what they call philosophers and projectors.
Having employed much time and money and zeal in accomplishing this work, it gives me, as it will you, great pleasure to see it so fully answer my expectations. It will give a quick and cheap conveyance to merchandise on the Mississippi, Missouri and other great rivers which are now laying open their treasures to the enterprise of our countrymen. And although the prospect of personal emolument has been some inducement to me, yet I feel infinitely more pleasure in reflecting with you on the immense advantage that my country will derive from the invention.
However, I will not admit that it is half so important as the torpedo system of defence and attack; for out of this will grow the liberty of the seas; an object of infinite importance to the welfare of America, and every civilised country. But thousands of witnesses have now seen the steam boat in rapid movement, and they believe: they have not seen a ship of war destroyed by a torpedo, and they do not believe. We cannot expect people in general will have a knowledge of physics, or power of mind sufficient to combine ideas and reason from causes to effects. But in case we have war, and the enemy's ships come into our waters, if the government will give me reasonable means of action, I will soon convince the world that we have surer and cheaper modes of defence than they are aware of. Yours, &c.
ROBERT FULTON.
Extract of a letter from the captain of an American vessel at Laguire, dated July 25th, to the Editor of the N. Y. Mercantile Advertiser.
"Previous to my departure I promised you if I saw anything worthy the notice of your most excellent paper to communicate it to you. I therefore sit down in this dreadful place, to give you the details of injustice and piracies committed on our commerce, as well as a list of Americans now in this port."
"I conceive it a duty I owe to my fellow citizens, to give such information as may prevent them from falling into error. A number of small open boats are fitted out here, whether by order of government or for individual enterprise I know not; but that they commit depredations, in the open view of this port, on our unprotected commerce, is certain: several Americans have already experienced the mortification of being brought in here, as well as into Caballo (which seems to be the favorite port, being at a greater distance from the seat of government) under the special pretence of having British goods on board; and after experiencing every species of insult, they are allowed to take their vessels again, and their cargo if not British goods, but if such, all of them condemned, and no redress in either case, whether you have them on board or not."
"I have an instance now before my eyes of an American ship in the offing, taken by a Spanish privateer (formerly the Fis Gig of New-York) and is about conducting her to Porto Cabello. What ship she is, I cannot tell; but this is her description—a pretty long, low ship, yellow sides, port-apartment, whether painted or real I am not able to judge; no figure head, three tops, gallant yards and royals. Some of the vessels have absolutely been taken in the act of letting go their anchors, and carried away."
I shall be obliged from the distressed state of the Market, to return with nearly all my cargo, or make a sacrifice of one third at least. Few of the Americans have done better; some have been wise enough to depart. A brig from Salem sailed for Maricao the 23d, after being offered eight dollars for her flour. It is morally impossible for our merchants to form an idea of the situation of this market. Cocoa and coffee 23 dollars. Cotton from 18 to 19 dollars. Indigo 1 dollar ninety four cents per lb.
From the same to the same by the ship Brutus.
LAGUIRE, July 28, 1807.
Sir, "I wrote you on the 25th instant, and requested you to publish the facts stated in that letter; they being of such a nature, and immediately under the eye of this government, that I think they cannot plead ignorance."
"A similar affair to the one I mentioned, happened yesterday. An American schooner being about two leagues to windward, and baffled with small winds, (her colours very distinguishable) at 4 P. M. a boat from one of those picaroon vessels departed full of men from this port in quest of her. I particularly watched her motions, and at 20 minutes before six I saw him board her, and no doubt he has carried her off, as there is no appearance of her this morning. You may rest assured that any thing of this nature shall not pass unnoticed, and that I will give you the facts from time to time and request their publicity, that my countrymen may not go unarmed, and be any longer the dupes of those piratical rascals."
PHILADELPHIA, August 31.
An arrival is announced at Salem, bringing London news to the 10th July. We have not heard the particular information, which is furnished, but presume it must be of an important nature. The only circumstance stated is, that a treaty, between the U. States and Britain had been signed; and in this we do not place full credit. Mr. Monroe would have considered it at least indicative to terminate negotiation, before he had received official information from government, in answer to his dispatches covering the treaty, as signed by him last winter: he would not have relied upon indirect information that the treaty had been returned; and we do not think there had been time enough to receive the treaty returned by the Wasp, and to form a new one, so that the event could be known here already. The state of affairs in Europe, and the necessity of preserving our friendship, render it very probable that the British ministry had relaxed in its pretensions; on our part there could have been no concession, the instructions of government being to conclude a treaty on no other terms than those originally stated to the British ministry.
We could never have a better opportunity to assert and obtain an acknowledgment of our rights than at present.
This morning's mail will probably furnish information on this subject of a more authentic description, as well as of the affairs on the continent.—Aurora.
BALTIMORE, August 31.
THE PIRATE.
The circumstance of the Othello having been piratically attacked and plundered in the bay, has afforded an opportunity to the Volunteers of exhibiting a rare and pleasing instance of their loyalty and public spirit. And it is a sure pledge that, in the hour of real danger, we may count with confidence on the alacrity and the valor of the Volunteers of Baltimore.
From the information which we have obtained, the following appears to be the result. Of the pirate's crew, five were last evening brought up from Annapolis; three were taken on board of their boat by the detachment commanded by captains Porter, J. Sterrett and S. Sterrett, and brought to town yesterday; this morning lieut. Calhoun returned with the four who escaped in a small boat from the pirate schooner: These twelve men are in the hands of the civil authority, to be proceeded against agreeable to the forms of law.
The four last taken, lieutenant Calhoun found on board the French ship Patriot, to which they had fled from their own vessel; and in this ship they were in irons. We are informed that commodore Khrom, having obtained from captain Comegy (who we before stated to have gone down with instructions from gen. Turreau) the character and an account of the conduct of these men, had ordered them to be thus secured. It is supposed that three of the men brought by lieutenant Calhoun are the principals.—Balt. Fed. Gaz.
WASHINGTON CITY, September 2.
Yesterday a few minutes past noon, intelligence was received at the Navy Yard, in this city, of the death of the gallant commodore EDWARD PREBLE, of the U.S. navy. Immediately, in commemoration of the loss sustained by the death of this valuable officer, the flags of the frigates in ordinary, and at the marine garrison, were struck half mast; at half past noon one gun was fired at the navy yard, which was repeated every half hour, till half past five o'clock, when the firing was repeated every five minutes, till 17 minutes before sunset —at which time commenced a discharge of 17 minute guns; when, with the departing sun, the colors were struck, amidst the sincere regrets of his brother officers.
In the death of the brave and intelligent Preble, his country has sustained a great loss; we hope, particularly in the present crisis of our affairs, not an irreparable loss.
NORFOLK, September 2.
The Chesapeake was prevented from leaving Craney-Island, on Monday by contrary winds; she went down to Hampton Roads this morning, with three of the gun boats.
The Ville de Milan , commanded by Sir Robert Laurie, having arrived in our bay from Halifax, the command of the British naval force devolves on capt. Laurie, as senior officer. The Bellona was at Halifax by late accounts. It was reported a few days since, that one of the British ships of
war had gone up the bay; we believe this to be a mistake.—The ships now on this station, are the Triumph , Leopard , Melampus , Cleopatra , and Ville de Milan ; the two former were in Lyhaven Bay on Saturday, and the two latter at sea, the last came in on Sunday.
If any gentleman, who has good business, wishes to employ an OVERSEER, with a small family, who can come well recommended for his honesty, sobriety, industry and good management, will be pleased to leave a line with the Editor directed to T. H. S. who has for several years past, lived with a man on James River, who stands high in public estimation as a good manager.
N. B. This method is preferred to that of leaving his employers business to look for a place
At a Court of Quarterly Session, continued and held for Albemarle county, the 5th day of August, 1807.
John McCoy, plf. } In Chancery. Henry Emmerson, Josiah Henson, } phrey & Jacob Git, } defendants. The defendant Jacob Git, 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 county; It is ordered , that the said defendant appear here on the first day of the next term and answer the bill of the plaintiff; and that a copy of this order be forthwith inserted in the Virginia Argus , printed in the city of Richmond, for two months successively, and posted at the front door of the courthouse of the said county. A copy.—Teste, Alex'r. Garrett, d. c. a. c.
William Lownes,
RETURNS his sincere thanks to his friends and the public generally, for the liberal encouragement received since his commencement of business in Richmond; and hopes his assiduity to business, and punctuality, will entitle him to a continuance of their favors.—He has removed to a house nearly opposite the Bell-Tavern where he intends carrying on the Book Binding business in all its variety, and in the most modern, improved and fashionable style, with punctuality, neatness and dispatch.
Printed Books bound in the most elegant and substantial manner, in morocco and calf, full gilt and lettered—also, in sheep gilt and plain. Bank Books of every description, ruled to any pattern, and bound with the latest improved spring and patent backs, and Russia bands and parchment corners, which add much to the strength of the books, and ease and convenience of the writer.
Orders from the country will be thankfully received and punctually attended to as above.— Old books re-bound. Richmond. Aug. 31, 1807.
THE ten Legatees in-
titled to LAND, under the Rev Mr. HURT's WILL, are desired to meet the 1st October, at the Green-Springs, to empower some person to apply to the Courts of Ohio and Kentucky, to have the Lands divided between them.
Robert Morris.
Louisa. August 25, 1807. 3w
NOTICE.
ALL persons having claims against the estate of John Sandridge, deceased, are requested to bring them forward to the subscriber duly authenticated, on or before the 1st day of November next, at which time a dividend of the assets in my hands will take place.—Those failing to comply with this advertisement will be excluded from the benefit of said dividend. Thomas White. September 2d, 1807. 11N
The subscriber offers for sale, a TRACT OF LAND,
IN the county of Goochland, twenty eight miles from Richmond, and five from the courthouse, containing 505 1-2 acres. It is delightfully watered; on it are many acres of grass land, and is a fine mill seat. The growing crop will show its fertility. It will be shown and the terms made known by the subscriber when called on, who resides on the premises. I intend to offer to the highest bidder, my stock of different kinds and the plantation TOOLS, on the said farm, the first day of next month, on a credit of six months, for all sums of twenty dollars. On the same day, if my land is sold, my household and kitchen FURNITURE will be offered for sale, on the same terms. I intend to Kentucky this fall and will transact business for any gentleman on commission, and thank him for his confidence. John Markham.
TOMPKINS & MURRAY,
ARE now receiving from on board the ship Herschel at City Point, a large and general assortment of
Liverpool GOODS,
Selected and assorted to accommodate country merchants. They are also in daily expectation of receiving by the ship Calpe, an assortment of London GOODS. The whole will make a very full and complete assortment of USEFUL GOODS, which they are determined to sell by wholesale on very liberal terms. They will open in a few days in the house at present occupied by Bohn and Hubner, nearly opposite the Post Office. Richmond, 31st August, 1807
Just received and for sale at this office, Vol. 5, Part 1, or No. 9, Rees's New Cyclopaedia.
Steeuben's Military Exercises, a neat edition with plates.
Act of Louisiana.
Thomson's Seasons in Miniature.
Miseries of Human Life.
Novice of St. Dominick, by Miss Owenson, author of the Wild Irish Girl, &c.
St. Clair, by the same.
Foster's Estates.
Alcoran.
Exercises of Piety.
Curran's Speeches.
Marmontel's Memoirs.
New Week's Preparation.
Farrier's Dictionary.
Raymond's Reports.
Bell's Surgery.
2nd Supplement to Barton's Medical & Physical Journal.
FOR SALE AT S. PLEASANTS' BOOK STORE HENNING'S
New Virginia Justice,
Containing the Duties of a Justice of Peace, &c. together with a variety of useful precedents, adapted to the laws now in force Also, forms of conveyancing, such as deeds of bargain and sale, lease and release, mortgage, trust, &c.

FOR SALE, At public auction, on the 15th day of Sept. next, the valuable tract known by the name of WHITE HALL , in Goochland county, the residence of Col. John Payne in his lifetime. To enter into a minute description of this tract would be superfluous, as it is supposed no person will purchase without first viewing the premises; suffice it to say it contains 600 acres of GOOD LAND . The dwelling house is spacious and elegant, with a set of excellent and convenient out buildings, extensive and productive APPLE ORCHARDS , &c. The terms of sale will be one third in two years, the other two thirds in annual payments, next succeeding the first. Bond with personal security will be required for the first payment, and a deed of trust on the land to secure the two last.
At the same time will be SOLD, the STOCK of CATTLE, &c. &c. together with sundry articles of HOUSEHOLD and KITCHEN FURNITURE , on a credit of 12 months; bond and security will be required. SMITH PAYNE, One of the Ex'rs of JOHN PAYNE, Dec. And the only acting Executor of ROY PAYNE, Dec. July 31st, 1807 N. B. The land will be shown by Mr. George W. Payne who lives contiguous thereto JUST RECEIVED, AND FOR SALE ON LIBERAL TERMS, 1000 Sacks Liverpool Salt. JOHN TOMPKINS, 7th July, 1807.
PRICES OF Nails, Brads & Springs, MANUFACTURED at the Penitentiary, and for sale by NICHOLAS HALLAM , agent for the Commonwealth, a few doors above the Swan Tavern, Richmond. CUT NAILS.   Wholesale.  Retail.    3d. 12 1-2 cents.  13 1-2 cents per pound.    4d. 11 1-2  12 1-2    6d. 10 1-2  11 1-2    8d. 10  11    10d. 9 1-2  10 1-2    12d. 9 1-2  10 1-2    20d. 9 1-2  10 1-2    CUT BRADS.   8d. 9 1-2  10 1-2    10d. 9  10    12d. 9  10    20d. 9  10    WROUGHT NAILS.   6d. 12  13 1-2    8d. 11 1-2  12    10d. 11  12    12d. 11  12    20d. 11  12    30d. 11  12   Spikes of all sizes the same price as 30d nails.
CUT SPRIGS. 3d.—50 cents per thousand—4d. 67 cents per thousand—6d. 84 cents per thousand. Also, for sale as above, a variety of Plantation Utensils , such as Plough-irons, Harrow-teeth, Axes, Wedges, Chains, &c. SHOES Of all sizes made of the best materials, may be had on the most reasonable terms. Where also may be had a general assortment of well chosen GROCERIES. May 13, 1807. tf
Lesueur & Saunders Are now receiving and will constantly keep a large supply of Bar-Iron & Castings, Of superior quality. Feb. 2d, 1807. tf
Five Dollars Reward. STRAYED or Stolen from the subscriber on the 21st inst. two Mules, to wit: one black stud Mule, shot all round, with long a switch tail, no other mark recollected. Also one mare Mule, of a bay color, with the end of her tail cut off, only shot before, I believe rather poor. Whoever will deliver the said mules to the subscriber in the city of Richmond, or give such information so that I get them again shall receive the above reward. JOHN TINSLEY. Richmond, June 24th, 1807. tf
NOTICE. THE books, papers, and accounts of the late mercantile firm of M c Credie and M c Millan , of the city of Richmond, being now in the possession of George M c Credie, one of the Adm rs of John M c Credie, deceased, who was the surviving partner of M c Credie and M c Millan. Therefore all those who are indebted either by specialty or otherwise, are requested to make immediate payment to George M c Credie, or make such other arrangement as may be most conducive to the interest of the said concern, as well as to the debtors thereof. It is expected that due attention will be paid to this notice, as it is desirable that a close should be immediately made of the transactions of the above mentioned firm. NANCY M c CREDIE, Adm rs . JAMES PENN, } Adm rs . GEORGE M c CREDIE, } Adm rs . Manchester, 20th June, 1807. tf
FOR SALE, Opposite Colonel Mayo's new Buildings, 4th, 3rd and 2nd proof Antigua Rum in bds. of the crop 1805—Imported early 1806 New England Rum in bds. and barrels 1 pipe very Superior Holland's Gin Rye Whiskey in barrels Loaf and Brown Sugar in Ditto Coffee by the barrel or bag Beef and Pork in barrels Irish Potatoes in ditto, suitable for table or planting Potomac Shad and Herrings. Stone Lime in large and small casks. And a general assortment of GROCERIES, &c. &c. —which will be sold low for Cash, good paper, or exchanged for country produce, by JOB GREENE. Richmond, 27th May, 1807.
FOR SALE, MY LANDS in Cumberland county, lying on Appomattox river, joining the lands of Messrs. William & George Skipwith; this land is equal if not superior to any land in Cumberland county, of James river, it contains 607 acres, one half of which is covered with fine timber of every description. There is on this land a decent dwelling house, and between four and five hundred bearing apple trees of choice fruit. One third of the money will be expected when a title is made the other two thirds may be divided into two annual payments. Mr. Jermain Baker or Mr. William Skipwith will show the land to any person wishing to become a purchaser. FRANCIS EPES, Chesterfield, June 3, 1807. 110
TO RENT, FOR A TERM OF YEARS, OR ONE YEAR, A VALUABLE FARM In the upper end of Hanover county, and at present in the occupancy of John May, Esq. containing 250 acres. There are perhaps few tracts of land that combine more advantages than this. It is well adapted to the cultivation of corn, wheat & tobacco; has a full portion of the first quality meadow land upon it, & lies within 30 miles of the city of Richmond. The uncommon beauty of the situation, the nature of the soil, the happy proportion of wood, arable and grass lands together with its vicinity to the best market in the country, all serve to render it worthy the attention of any industrious farmer who may wish to settle himself in this way for life, as it may be obtained for any term of years. The buildings are sufficient for the accommodation of a small family, and for all plantation purposes. The premises will be shown by the present occupant, and the terms made known upon application to the subscriber residing the county of Orange. DABNEY MINOR. July 10th, 1807. gw
For Sale, MY PLANTATION, In the county of Hanover, containing by an old survey 660 acres. I suppose one third part thereof is timbered land. There is upon it a two story Dwelling House, built out of the very best materials, neatly painted and has two large rooms and a passage below stairs, and five air lodging rooms and a passage below stairs; the above house is sixty feet long and twenty two and a half in width. The out houses of every description are such as are calculated for such a dwelling house and plantation; and are all in good repair. The yard and garden are well enclosed; The plantation is under good fences, and there are upon it between five and six hundred grafted Apple Trees, which bear choice fruit, and 1200 good Peach Trees. There is also an Ice house, bricked in the best manner, and ponds of pure water in the neighborhood, from which a plenty of the best ice can be had. The above plantation is about eleven or twelve miles from Richmond, and in as healthy a neighborhood as any in this part of the country. If I should meet with a purchaser for this plantation I will also sell all my Furniture, which is such as the house above described will require—also, all my Stock of Hogs, Cattle, and sixty or seventy head of prime Sheep. I will also sell 1500 acres of LAND, in the county of Greenbrier, about twenty five miles from Lewisburg, and half a mile of the state road leading to the Great Kanawha; this Land is all timbered, and was located in the year 1782, in the name of Andrew Hamilton. Any person who wishes to purchase the above property, may know the terms by applying to the subscriber residing on the plantation, in the county of Hanover. WILLIAM TRUEHEART. Aug 13th, 1807. et 4w
TO BE RENTED, And possession given in ten days; FOUR large, elegant and commodious STORES, in the most central and busy part of this City. To them are attached elegant, airy and extensive accommodations for the families of the tenants. JOHN MAYO. June 20. tf
Manchester Turnpike Company. NOTICE is hereby given, that an adjournment of the general meeting of Stockholders has been made to the first Monday in next month; when it is expected the members generally, will attend either in person or by attorney, duly qualified to act for them. JAMES BRANDER, CLK. 3d August 1807. tm
Advertisement. By virtue of a deed of trust, executed by Thomas Applebury, recorded in the court of Fluvanna county, to the subscribers for the purpose of securing the payment of a debt due to Duncan McLaughland and Co. will be sold at Kendall Lee's Tavern, in the town of Columbia, on the 12th day of September next, to the highest bidder, for Cash, Five Negro Slaves, Eight Horned Cattle, two Horses, one Mare, three Feather Beds and Furniture, sixteen Hogs, with the increase of the said Female Slaves and Stock; since the year 1793, or so much thereof as will be sufficient to raise the sum of three hundred and thirty three pounds one shilling and ten pence, with interest from the fourth day of February, 1793, and costs, charges, &c. Robert Hill, } Graven Peyton, } John Timberlake, } Robert Quamles, } Surveiling Trustees. Fluvanna, August 2, 1807. 4w
AT a meeting of the society of Cincinnati at the Capitol in the city of Richmond, on Thursday, the 28th day of May, 1807. Resolved, That a general meeting of the society be called on the second Monday in December next, to meet at the Capitol in the city of Richmond, to take into consideration, and make an ultimate destination of their funds. Resolved, That the standing committee be directed and vested with the power of converting all the funds of the society into money, which shall be laid out in Stock of the Bank of Virginia; but the said committee are not authorized to act under this resolution until after the said second Monday in December next. Signed, JAMES WOOD, President. Attest, SAM COLEMAN, Secretary. In pursuance of the foregoing resolutions the members of the Virginia State Society of Cincinnati, are requested to meet at the Capitol in the city of Richmond, on the second Monday in December next, for the purpose therein contemplated. JAMES WOOD, President. Attest, SAM COLEMAN, Sec'y. 6t
MR. STEPHEN WOODRUFF. As you are not an inhabitant of this State, and have no agent known to me, you will take notice, that on the 12th of next month, I shall at the store house of Messrs. Carter and Booker of Prince Edward county, and state of Virginia; proceed to take the deposition of James Ming and others, on the 19th of next month, at the house of Peter Francisco of Buckingham county and state of Virginia, the deposition of Joel Watkins and others; on the second and third days of October next, at the house of Robert Porter, of Wythe county and state of Virginia, the deposition of said Robert Porter and others, and on the 29th and 30th of October next, at the house of Edward Trabue of Bourbon county and state of Kentucky, to take the deposition of Robert Trabue and others, to be read as evidence in a suit in chancery now depending in the county court of Prince Edward and state of Virginia, in which you are complainant and I am defendant. ANDREW PORTER. Prince Edward county, Aug. 7, 1807. 3w
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 Pine 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. tf
Ten Dollars Reward. RUN AWAY from the Subscriber, on the 20th July, A Negro Man, Named TONY , about twenty two years old, five feet, six or eight inches high well made and very likely, speaks rather quick and short; had on when he went away, an osnaburgs shirt and hempen rolls overalls, but carried with him a grey cashmere coat, with happels a swansdown waistcoat, and a pair of overalls of dark Corduroy, large cord, and an old suit out of dark colored cloth; he was raised in Powhatan county, and it is very likely that he may be about Mrs. Chas. Cocker's, as he formerly belonged to that estate. Any person, bringing said Negro to me, in Charlotte county, or securing him in any jail, so that I get him again, shall be entitled to the above reward of Ten Dollars. JOHN THOMAS. Charlotte county, Aug. 4th, 1807. 4w
Fifty Dollars Reward. RUN AWAY from Reuben Clopton, when living in King William county, in the year 1791, on the first of January, A Negro Man, By the name of NEPTUNE , who formerly belonged to the estate of John Hales, dec. living then in the lower end of Henrico—he is a tall, portly fellow, stoops in his shoulders, or you may say round shouldered, high forehead, has hair peeked up each side of his forehead, flat nose, large white teeth, draws his words when he talks, or rather talks through his nose, and has a scar some where in his face, about forty-five years of age—it is supposed he is now passing as a free man in the city of Richmond, as he thinks himself secure. There never has any efforts been made to apprehend him—he has a wife at John Hales, dec. living in the lower end of that county, and a mother—perhaps he may be harbored there. Any person, that will deliver him to William Clopton, in Cumberland, or secure him in any jail, so that I get him again, shall receive the above reward. ELIZABETH CLOPTON. Cumberland county, Aug. 14, 1807. tf
Twenty Dollars Reward. RUN AWAY from the estate of Reuben Clopton, dec. in Cumberland county, January 29th, 1807, A Negro Man, By the name of HARRY , between five and six feet high, 24 or 25 years of age, his complexion darker than otherwise, has large full eyes, his two fore teeth grows wide apart, and has a large scar where he was inoculated for the small pox, when he lived in Henrico—His clothing I expect he has changed, which would be useless to mention. I expect he is in Richmond or in the lower end of Henrico, where he also was raised, as he formerly belonged to the estate of John Hales, dec—he has a wife in Prince Edward county, at Jesse Michaux's quarter, where it is likely he also may be harbored.—Any person that will apprehend the said Negro, or confine him in any jail so that I get him again, shall receive the above reward for the same. WILLIAM CLOPTON. Cumberland county, August 14, 1807. tf
To be Rented, THE PLANTATION CALLED RALEIGH, On which the late Thomas Pleasants lived, at present occupied by William Dandridge, Esq. The terms may be known on application to the subscriber in Powhatan county. SAM. PLEASANTS, For the benefit Of the Legatees of Thos. Pleasants, dec August 18, 1807. 4w
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.
LAND FOR SALE. By virtue of a deed of trust executed to the subscriber by James Meriwether, dec. to secure the payment of a sum of money due to John Poindexter, will be sold on the nineteenth day of September next, at Louisa courthouse, to the highest bidder, for ready money, A Tract of Land Lying in the county of Louisa on the waters of Deep creek, adjoining the lands of Col. Thomas Meriwether (near Harwood Goodwin), and others, containing four hundred acres the same more or less. David Bullock, Trustee. August 14th, 1807. tds
FOR SALE, A Valuable Plantation, In the lower part of the county of Middlesex, and was formerly the property of the late Col. Wm. Churchill, dec.—It contains 200 acres, and is beautifully situated on the river Pianketank, about five miles from its mouth; about one fourth of this Land is cleared, the residue is covered with a valuable growth of pine and oak timber, and the soil is as good as any in that part of the country. It enjoys the advantage of an excellent spring near the House, and the finest Fish, Oysters and wild Fowl, may be had in the greatest abundance in their respective seasons. The improvements on this Land, are inconsiderable, in consequence of its being for many years past in the hands of tenants. Young Negroes will be taken in part, or for the whole of the purchase, and a good and sufficient title will be made the purchaser, and possession given on or before the first of January next. For terms, For terms, apply to Joseph Carter, jr. near Chowning's Ferry, in the county of Lancaster. If the said land is not disposed of before the 4th Monday in October next, it will then be offered at public auction, to the highest bidder in Urbanna. JURIAH HARRIS. August 5, 1807. 3w
FOR SALE, THAT most beautiful and healthy situation, known by the name of HALLSBOROUGH, or HALL'S STORE , lying on the Buckingham road, seventeen miles above Manchester. Also another valuable TRACT OF LAND in the lower end of Powhatan county, containing two hundred acres more or less with good improvements, and there is no doubt of a great quantity of COAL being on this land. The subscriber will give a great bargain in the said lands, as he wishes to move to the Western country. For terms apply to ZACH'Y HALL August 25th, 1807. tf
Twenty Dollars Reward. RUN AWAY from the Subscriber, living near King and Queen courthouse, on the 20th of July last, A NEGRO MAN, Named NELSON , about 26 years of age, and about five feet four inches high, very sturdy made, very black, and has a down look, he has a scar on his breast, and another on his ham, he pretends to be ill fortune; he had on when he went from home a pair of checked pantalettes; it is probable, he will be dressed well, as he has a plenty of money, which he took from me on the day of his elopement—he has been for some time in the county of Essex; but I have been informed he has gone to Richmond county. Any person that will deliver him to me in King and Queen county, or secure him in any jail, so that I get him again, shall receive the above reward. RICHARD EUBANK jr. August 22, 1807. 3w
FOR RENT, AND possession given on the 1st day of Oct. three large and convenient Rooms, fronting the street, in the upper part of the house at present occupied by Carter B. Page, Esq. These rooms are well calculated for offices and may be had on reasonable terms. Also the cellar under the store of J. W. Dennis, & Co. which has lately been fitted up as a store and is rendered more comfortable than usual, there being a good plank floor. For terms apply to Benjamin. Dennis. Richmond, August 20th, 1807. tf
Ten Dollars Reward. RUN AWAY from the Subscriber, on the 28th of April, a Negro Man JOE , and Woman named FANNY , but called by the black people FANNY KENNY , which eloped on the 11th of June. The man is a bright mulatto, about 28 years of age, straight and well built, and has a very brisk walk, and is a very handy, sensible fellow—about 5 feet, 8 or 10 inches high—The woman is so light, that hardly any person would take her to be a slave—She has blue eyes and straight sandy colored hair, and if her skin was well kept, she would be taken for a white woman—her right forefinger is off at the first joint, and has a large scar on her left arm, occasioned by a burn, and has a very brisk walk, about 20 years of age, and had on when she went away, a white Virginia Habit, and as they are Brother and Sister, it is likely they will get together, change their names, and pass as free people. Any person that will deliver them to the Subscriber, in Hanover county, or secure them in any jail, so that I get them again, shall receive the above reward. BENJAMIN BOWLES. June 13, 1807. N. B. I forewarn all owners or masters of vessels from carrying them off.
TO BE RENTED, A HOUSE in Manchester, now in the possession of Edward Johnston. For terms, enquire of him on the premises. 23d July, 1807.
Notice, THAT by virtue of a deed of trust made to us, we shall on Saturday the 26th day of September next, before the front door of the Eagle Tavern in this city, expose to sale for ready money, to the highest bidder, one certain piece or parcel of GROUND , situated in his city, at Rocklets, being a part of Raper's Tenement, as it is generally, denominated, and which is more particularly described in the aforesaid deed executed by Richard Young to us, and duly recorded in the Hustings court of this city, or so much thereof as shall be sufficient to pay and satisfy Byrd George the sum of 400 dollars, with interest thereon from the 10th day of May 1807, and the costs and charges attending the execution of this trust. Wm. M c Kim, } Wm. Marshall, } Trustees Richmond, 27th, Aug. 1807. tds
Drs. Cringan & Adams TAKE this opportunity to inform their friends and the public in general, that they are a gain associated in the Practice of MEDICINE & SURGERY . Applications made at the residence of either of the partners, and at the shop of H. I. Crawford, will be strictly attended to. Aug. 29th, 1807. 2w
THE SUBSCRIBER OFFERS FOR SALE, A FRESH SUPPLY OF Church's Cough Drops Is just received from the Proprietor's Dispensary New-York, and for sale at this office.
FOR SALE, JOHN ALCOCK INFORMS he has just received in addition to his former stock, a general assortment of Hard-ware, and Cutlery, amongst which are the following articles—Cross Cut and Mill Saws, London Spring, Cast Steel and German Hand and Pannel Saws; Dovetail Sash, Compass and Tenon Saws, Bow Saws with and without frames, Brass and Iron Chamber-door Locks, Brass and Iron Deck, Bookcase, Drawer and Chest Locks, Spring Latches, Japan'd and Polished Iron Thumb Hatches, Brass Butts, Cast Iron do. IL Hinges, Cast Steel and Common Plane Irons, Brass Mounted Squares and Bevels, Brass Mounting for Cabinet Furniture, Curtain Rods and Rings, Brass Escutcheon Pins, Brass Nails, Brass Dividers, Candle Stand, Ketcher, Bell Cranks, Brass and Iron Candlesticks, Belmont Kettles and Spice Mortars, Brass Cocks and Horse Fleams, Brass Inkstands with Instruments, Hooks and Eyes, Gun Screws, Speculators and Spectacle Cases, Spring Lancets, Knives and Forks, Ivory Handle Tables and Detectors, Casters, Table Bells, Table and Tea Spoons, Screw Drivers, Bed Screws, Carpenters' Hammers and Pinchers, Shoe Pinchers and Knives, Shingling Hatches, Brick and Planing Prowels, Drawing Knives, Cooper's Axes, Ice assortment of Files and Rasps, Gimblets assorted, Hones and Oil Stones, Razors and Razor Cases, Watch Seals, Keys and Chains, Steel Knitting Pins, Screwplates different sizes, Brace and Bits, Combs, Ivory, horn, and Iron with and without Cases, Hames unplied, Do. Plated Hooks and Eyes, Do. Pated all over, Plated Bridle Bits assorted, Plated Moulding, Silver Mounted Whips, Plated Curbs, a few elegant Fowling Pieces, Powder Horns, Powder Flasks, Japan'd Copper and Horn Shot Bells, Cut and Wrought Nails, Wrought Brads of all sizes, 2 d. 3 d. 4 d. and 4 d. Nails, Saddler's Tacks of all sizes. Also a large quantity of well assorted Bar Iron, & Steel of different qualities, Wire Meal, Wheat, and Lime Sieves. Any of the above articles will be sold at the most reduced prices. N. B. I still continue my Cabinet Manufacture in the same House adjoining the Fire Insurance Office, where I have on hand a large quantity of elegant and well made Furniture. Any person wishing to purchase, I will thank them to call, and I flatter myself they will have no reason to find fault of the prices nor quality, for I warrant my work to be of good materials and well executed, and I hope from my knowledge and assiduity to business, to gain a public patronage. Also keeps on hand best quality Windsor Chairs. All of the above goods will be sold low. Richmond, August 16th 1807. 6t
Encouragement of Literature. BY AUTHORITY. Scheme of a Lottery, FOR THE BENEFIT OF ST. MARY'S COLLEGE, OF BALTIMORE.
   Dollars. Dollars.     1 Prize of 30,000   1 do 15,000   2 do 10,000 20,000   2 do 5,000 10,000   5 do 1,000 5,000   10 do 500 5,000   20 do 200 4,000   100 do 100 10,000   150 do 50 7,500   7000 do 12 84,000   7291 Prizes, Stationary Premiums 190,500   14209 Blanks.—Nottwater Prize. 24,500   21500 Tickets, at 10 Dollars each, 215,000   Arrangement of Stationary Premiums, Viz.   1st drawn Blank, Dollars 500   1st ditto after 2,000 are drawn, 1000   1st do after 4,000, 1000   1st do after 6,000, 1500   1st do after 8,000, 1500   1st do after 10,000, 1500   1st do after 12,000, 1500   1st do after 14,000, 1500   1st do after 16,000, 1500   1st do after 18,000, 1500   1st do after 20,000, 1500   Last drawn Blank, 10,000   Dollars 24,500   15 per cent. on 215000 Dollars, is 32,250   Sum to be raised by the Lottery, 30,000   Expenses of the Lottery, 2,250   32,250  
THE prevailing disposition to encourage the progress of Literature, the peculiar favor which ST. MARY'S COLLEGE has enjoyed, and the many splendid chances offered to adventurers by the above Scheme, induce the Managers to anticipate a rapid sale of the Tickets. The Drawing will commence as soon as a sufficient number is sold to authorize it. The Managers have given bond to the State in the penalty of sixty thousand Dollars for the faithful payment of the prizes, which will be paid, subject to a deduction of Fifteen per cent. thirty days after the Drawing is finished.—Prizes not demanded within a twelve-month from the completion of the Drawings, will be considered as a donation to the College. TICKETS to be had of the Managers, or of such persons as may be authorized by them.
WILLIAM DU BOURG, JOHN TESSIER, LUKE TIERMAN, ROBERT WALSH, WILLIAM LORMAN, ALEXANDER M c KIM, HENRY WILSON, SAMUEL STERRETT, JAMES M c HENRY, SAMUEL HOLLINGSWORTH, LEWIS DU BOURG, PHILIP LAURENSON, 77 TICKETS in the above Lottery for Sale by GALLEGO, RICHARD & Co. wtf
A Bright Sorrel MARE , five or six years old, four feet 10 or 11 inches high, a star on her forehead, left fore foot and right hind foot white; valued the 23d day of May, 1807, to eighty dollars, taken up by William Taylor, Cumberland county, at the mouth of Little Guinea. Newton Ford, Naton Goodwin, John Brown. A Copy—Teste, MILLER WOODSON, B. C. August 14, 1807. w3t