The enquirer (Richmond, Va.), 1805-04-26 00:00:00

THE ENQUIRER.
RICHMOND, (Virginia) PUBLISHED BY RITCHIE & WORSLEY, OPPOSITE THE POST-OFFICE...AT FIVE DOLLARS PER ANNUM...payable in advance.
NUMBER 110.]
FRIDAY MORNING, APRIL 26, 1805.
[VOLUME I.]
Auction Sales.
THOMAS TAYLOR & Co.
WILL in future sell at the store occupied by M. W. Hancock & Co. on Wednesdays, in each week; and at their office, on Tuesdays and Fridays as usual. Dec. 1, 1804. eptf
BROKER'S OFFICE.
THE Subscriber has opened a Broker's Office, opposite the Union Tavern, and over the Counting-house of Thomas and Amos Ladd. All business confided to him, will be transacted with strict fidelity. THOMAS NORVELL.
He has for sale—A FEW SHARES IN THE MANCHESTER TURNPIKE.
Also—Old State Certificates, bearing five per cent interest. March 12. tf
BURR MILL STONES, OF ALL SIZES; and PLAISTER OF PARIS, of an excellent quality, FOR SALE, AS USUAL, BY WILLIAM DAVIDSON, near the Market. Dec. 4. [eptf.]
NOTICE.
THAT Mr. Anthony Dibrell of Buckingham county, is hereby fully authorised to make sale of one TRACT OF LAND, in Patrick, containing 5000 acres, lying on Dan river—three ditto in Grayson county, lying on the waters of Little Reed Island creek—two of a thousand acres each, and one of 500 acres; the said Dibrell will attend at next April Grayson court for the sale of the said lands and on behalf of NATHAN ANDERSON. Albemarle county, March 19, 1805. tds.
THE CELEBRATED WARM SPRINGS IN VIRGINIA.
THE subscribers have taken a lease of ten years, of the highly celebrated MEDICAL SPRINGS in the county of Bath, called the Warm Springs, so justly famed for their great cures and general relief in many complaints. THEY are now preparing every necessary comfort and accommodation to suit the amusement of those who have health, (and to promote the recovery of those who want it,) and it is deemed necessary to make these things widely known, because complaints have heretofore been made against the entertainment which has been offered. Preparations are made for at least one hundred constant boarders, besides transient guests, for the accommodation of which, the subscribers will make all possible exertions; and they flatter themselves, that those who may place confidence in this advertisement, will not find the smallest cause for regret or complaint. ROBERT & GEORGE TURNER. The Editors of the National Intelligencer and Baltimore Federal Gazette, are requested to insert the above four times in their respective papers. March 28. (epfw.)
FOR SALE, By the Subscribers, at their PAINT & OIL MANUFACTORY, Water-Street, Norfolk: WHITE LEAD, Yellow Ochre, Venetian Red, Spanish Brown, Black & Lead Colour for painting roofs, Blue and Green in pots of 1, 2 & 3 lbs. each, Vermilion, Prussian Blue, Patent Yellow, Red Lead, Litharge, Sugar of Lead, White Vitriol, Ivory Black. A L S O—1200 gallons Dutch Linseed Oil, Spirits of turpentine, Copal and turpentine, Varnish and Window Glass, of all sizes. Orders for any of the above articles, left with Messrs. Proffer & Moncure, Richmond, will be attended to immediately, by JOHN RORKE & CO. Norfolk, March 1, 1805. (eptf)
The public are hereby notified, that on Thursday, the 2d day of May next, (if fair, if not, the next fair day) will be sold publicly, at this place: ALL the moveable estate of John J. Grosjean, deceased, (the Negroes excepted) consisting of a well built fast sailing SCHOONER, of about 50 tons burthen—The flock of GOODS on hand, which were sufficient for a country store:—Also a CHARIOT and RIDING CHAIR; the flock of HORSES and CATTLE, and all the HOUSEHOLD and KITCHEN FURNITURE, and sundry other articles too tedious to mention. The terms of sale will be twelve months credit for all sums above ten dollars, the purchasers giving bond with approved security, to carry interest from the date; but if the principal is punctually paid, the interest will be remitted. At the same time and place will be hired for the balance of the year, four NEGRO MEN belonging to the said estate, three of whom are sailors. MARY GROSJEAN, Adm'x. New-Castle, 2d April, 1805. (tds)
N. B. All those having claims against the said estate, are requested to bring them in properly authenticated for settlement, and those indebted are requested to come forward and make payment to MARY GROSJEAN, Adm'x.
TO BE RENTED,
THE large and commodious HOUSE, belonging to Major Duval, and occupied at this time by Mr. Ogilvie. This house is situated on the healthiest and most agreeable part of the city of Richmond, on Shockoe-Hill; contains five large rooms, amply sufficient for the accommodation of a gentle and numerous family; with a kitchen, garden, and all the necessary out-houses. Any person disposed to rent this house will apply to Mr. Ogilvie. April 16.
FOR RENT:
THE Large White House at Rocketts, formerly occupied by Mr. William Fenwick, and afterwards by Mr. Braxton Craddock. For terms apply to GALLEGO, RICHARD & CO. January 11. (tf)
ELOPED.
ON the 6th day of March last, a Negro Man Named EMANUEL, twenty one or two years of age, about five feet three or four inches high, flour made to his height; he has a fair across one of his cheeks, and one on his head, on which the hair is entirely off, rather of a yellowish complexion, has a smiling countenance when spoken to, a broad set of fore teeth; he is a very sensible fellow, waited as a servant upon Pochiman Bolling, Esq. dec'd, from whom I purchased him. I will give a generous reward besides what the law allows, to any person that will apprehend the said servant, and deliver him to me in Amberley county, about four miles from Lynchburg, or secure him in any jail to that I get him. I expect he will endeavour to pass as a freeman. I forewarn all persons from harbouring, or employing of him, all masters of vessels from taking him on board, and others from harbouring him, as I am determined to prosecute as the law directs. PHILIP JOHNSON. April 19. 4t
A FRESH SUPPLY OF SPANISH HIDES.
FOR Sale, a large quantity of prime Spanish Hides, on moderate terms. Apply to the subscriber opposite the Post-Office, Richmond. MICAJAH DAVIS. 4th Mo: 4th.—tf.
CASH WILL be given for 12 or 15 BOYS, from 7 to 15 years old. Enquire of the Printers. Dec. 15. [eptf.]
AGREABLY to the power and authority vested in the Common Council of the city of Richmond, by an act of the General Assembly, passed January 8 1803: NOTICE is hereby given, that on Saturday the 27th instant, the said Common Council will proceed to nominate one fit and proper person to fill the office of Mathematical Surveyor of the said city of Richmond, at which time those who are desirous of receiving the said appointment, are required to make known their respective pretensions. by order of the hall. Telfe, ANDREW STEVENSON, c. c. c. April 15.
NEAL NELSON, BOOT & SHOE MANUFACTURER, MAIN-STREET, RICHMOND,
MAKES Boots & Shoes to any pattern or fashion, equal in point of MATERIALS and WORKMANSHIP to any in general use. Imported BOOTS and SHOES, of the first quality and newest fashion, for sale. Gentlemen at a distance, who are disposed to forward me their measure, by paying attention to the annexed cut, can be fitted with Boots or Shoes as well as if they were on the spot. A—the length of the Boot. B—round the Calf. C—the pitch of ditto. D—round the heel and instep. E—round the instep. G—across the ball of the foot. F—the heel against a perpendicular, and stick a knife at the end of the great toe—set down in figures the number of inches and quarters, in the different measures. January 1. eptf
IMPEACHMENT OF JUDGE CHASE.
TUESDAY, FEBRUARY 20. (Continued.)
JUDGE WINCHESTER, Sworn.
Mr. Harper. Please, Sir, to state to this court your recollection respecting a charge delivered by Judge Chase in the circuit court of Maryland in May 1805.
Mr. Winchester. As already stated, the court sat in May 1805, in a room in Evans's tavern. The court and gentlemen of the bar sat round several dining tables. I sat on the left of Judge Chase; and the jury were on his right. He addressed a charge to them, the beginning of which was in the usual style of such addresses. He then commenced, what has been called the political part of the charge, with some general observations on the nature of government. He afterwards adverted to two measures of the legislature of Maryland; the first related to an alteration of the constitution on the subject of suffrage; the other contemplated an alteration in the judiciary. He commented on the injurious tendency of the principle of universal suffrage, and deprecated the evil effects it was likely to have. Incidental to these remarks, he adverted to the repeal of the judiciary law of the United States. I say incidental, for my impression was that his object was to show the dangerous consequences that would result to the people of Maryland from a repeal of their judiciary system, and to show that as the act of Congress had inflicted a violent blow on the independence of the federal judiciary, it was more necessary for the state of Maryland to preserve their judiciary perfectly independent. I was very attentive to the charge for several reasons. I regretted it as imprudent. I felt convinced that it would be complained of; and I am very confident from my recollection, and from the publications respecting it, which I afterwards perused, that all the political observations of the Judge related to the state of Maryland.
Mr. Harper. Did the Judge appear to deliver the charge from a written paper?
A. I have met in the circuit court ever since 1800—Judge Chase has a kind of standing form in his charges on the general subject of crimes and offences. When there is much business expected to be transacted he goes into a detailed view of the duties of a grand jury. When there is little business he contents himself with a charge of a different form. When he delivered this charge, he had in his hand a marble covered book.
Mr. Harper. (showing him a book.) Do you think this was the book.
Mr. Winchester. I believe it was. There were occasional pauses during the delivery; he turned backwards and forwards; and read sections from different parts of the book. At the conclusion of particular sentences he lengthened out the tones of his voice, and made a pause, as if to arrest the attention of the jury. Though I cannot say that there was not a word or expression introduced that was not written, yet my impression is that he delivered the whole from the book before him.
Mr. Harper. Did you hear any expressions applied to the present administration, or was the administration mentioned at all?
A. My impression is very strong that neither the present administration was mentioned, or the views or designs of any member of it in any manner whatever. I am confident of this; because if such remarks had been uttered, they would have made a strong impression on my mind.
Mr. Harper. Did you ever hear the Judge allude to such topics in his charges.
A. I never heard Judge Chase in any of his charges reflect on any administration. I have heard a great many charges of his, containing political matter, and they have been all rather calculated to support the existing administration.
Mr. Harper. Have you heard any since 1800?
A. I recollect no political charge delivered by him since that time.
Mr. Harper. Was the general tenor of his charges since and before 1800 calculated to support the laws?
A. I think there has been this difference. Those delivered before 1800 called on the jury to support the measures of the government as wise and upright; since that period he has made no allusion to the measures of the administration.
Mr. Harper. But this general practice has been to recommend to them the observance of law and the support of government?
A. He generally addressed the jury on the necessity of obeying the laws—that has been the tenor of his charges at all times.
Mr. Key. In a criminal case, when a question of law arises, is not the opinion of the court always taken?
A. Except in a case, which occurred between the present Secretary of the Navy and myself [The details of this case were not heard] I never knew an instance in which the direction of the court was not taken; and I know no instance in which counsel attempted to controvert the opinion of the court on point of law.
Mr. Key. Have you ever known counsel address a jury on a point of law after it had been decided by the court?
A. Never.
Mr. Martin. Would it not be deemed indecorous to do so?
A. I have always thought so.
Mr. Nicholson. I will ask you whether Judge Chase recommended to the jury, on their return home, to use their exertions to prevent the adoption of depending law?
A. I do not know whether the recommendation came from the judge in language and terms. I rather think it flows as an inference from what he had said.
By a Senator. In any criminal or civil case did you ever know the council give an opinion without being required by council?
A. I recollect no instance, except in a general charge to the grand jury, or in summing up the testimony at the end of a trial?
Mr. Randolph. I will ask whether the case you allude to is, after both parties have been heard, at the end of the trial.
A. Certainly, Sir.
Mr. Martin. I will ask you whether in any case, where the law is settled, and counsel go into an argument on the point of law, the court do not frequently stop them?
A. It is difficult to give a correct answer to this question—it is certain that it often happens, that in arguments or points of law, the court check the counsel, and say they are too clear to be controverted; and, to prevent delay, beg the counsel to pass on to them.
At the instance of Mr. Harper, EDWARD TILGHMAN was called.
Mr. Harper. Do you recollect any instance of an adjournment of the circuit courts of the United States.
Mr. Tilghman. I recollect in the year 1801, that at a circuit court of the United States, where judges Tilghman, Griffith and Basset were on the bench, which was held at Philadelphia, there was an adjournment on the 26th or 27th of October to some day early in January ensuing. The court adjourned because they were obliged to hold a court in Bedford, which was in the western district of Pennsylvania. I recollect that in the court held in Philadelphia, they were not able to go through all the business before them, particularly in the case of Peter Blight's affiges. The court consulted with the bar on the adjournment, and the sentiment was unanimous that an adjournment could take place. After the court was held in Bedford, it was again held in Philadelphia, in the month of January, the cause I have mentioned was tried, and I believe several others.
Mr. Harper. What is the distance of Bedford from Philadelphia? Mr. Tilghman. I believe between 100 and 150 miles. In the last year in the month of May, while Judge Washington was holding a court in Philadelphia, he learned that an attempt had been made to set fire to his house; in consequence of that circumstance and the situation of his family he was obliged to leave town. He and Judge Peters consulted on the course proper to be pursued in case the yellow fever should be in Philadelphia at the usual time at which the court met, and it was agreed that Judge Peters should in that case open the court and adjourn it over to January. This was agreed after consulting the bar, and I do not recollect that there was any difference of opinion among them. The court had commenced in April, and this determination was made some time in May.
Mr. Martin. Did the judges after holding a court at Bedford return to their homes before the adjourned court was held in Philadelphia?
Mr. Tilghman. According to my impression they certainly did, there was little or no business done at Bedford, where they either broke up the day on which they met, or on the day after.
Mr. Randolph. Have you ever known of a bill of exceptions in a criminal case in the courts of the United States?
Mr. Tilghman. Never. I recollect in the case of the United States vs. Worrell, which was an attempt to corrupt Mr. Tench Coxe, the verdict was against the defendant, and there was an arrest of judgment. There was a division of opinion whether it was an offer at common law, and there was a talk of writ of error, it was said at the bar a writ of error would not and I think when it was mentioned to the court, they said the same thing under the idea that writs of error were confined to civil cases.
THOMAS CHASE Sworn.
Mr. Harper. Please to look at that paper, (showing a paper), do you know the hand writing of it?
Mr. Chase. I do not.
Mr. Harper. Will you look at that book, do you know whose hand writing it is?
Mr. Chase. I do.
Mr. Harper. Did you copy it?
Mr. Chase. I did.
Mr. Harper. This is exhibit No. 8. (charge of Judge Chase), it contains the whole of the charge—from what page did you copy it?
Mr. Chase. From page 15 to the words "fathers credited."
Mr. Harper. From what did you copy the book?
Mr. Chase. From a copy in my father's hand writing, except some few words interlined by way of correction.
Mr. Harper. When did you copy it?
Mr. Chase. A few days before May term 1808.
Mr. Martin. Have you made any alterations in it since?
Mr. Chase. No, Sir.
Mr. Harper. We will offer this book in evidence?
PHILIP MORE clerk of the district court Sworn.
Mr. Harper. Do you know that book, (showing him the same book above referred to)?
Mr. More. Judge Chase is in the practice of delivering his charges from a book. I saw him deliver his charge in May 1805, from a marble covered book, which I believe is the same with that book.
Mr. Harper. Did he appear to read the whole time he was delivering that charge?
Mr. More. He appeared to me to do so, he occasionally raised his eyes from the paper before him, and spoke with more than common emphasis, but he still appeared to speak from the book.
Mr. Harper. Did you hear any thing said by him about the present administration?
Mr. More. I have never heard the Judge in courts of justice speak of present administration.
Mr. Harper. Do you think in the charge he said any thing about the administration?
Mr. More. I do not.
Mr. Harper. Had he made any such remarks, are there any peculiar reasons why they would have made a strong impression on your mind?
Mr. More. I think they would have made a strong impression, as my impressions were always in favor of the administration, while Judge Chase's were against them.
Mr. Randolph. Was there any recommendation to the jury, when they returned home to use their influence to prevent the passage of certain laws?
Mr. More. I do not know that there was, there may have been, but if there was, I have no recollection of it.
WALTER DORSEY Sworn.
Mr. Harper. Please to inform the court whether you were at a circuit court held at Baltimore in 1803.
Mr. Dorsey. I was.
Mr. Harper. Were you present when Judge Chase delivered a charge to the grand jury?
Mr. Dorsey. I was.
Mr. Harper. Was you in such a situation as to hear that charge?
Mr. Dorsey. I was.
Mr. Harper. Were you near Mr. Montgomery?
Mr. Dorsey. I was, I think there was only one person between us.
Mr. Harper. Did you attend to the charge?
Mr. Dorsey. I attended to what is generally called the political part of it, because it was novel, and contained speculations with respect to government in general, and remarks on national and state laws.
Mr. Harper. Do you recollect any thing in it respecting the administration?
Mr. Dorsey. I do not, I recollect a part of it relating to the state and national judiciary, and to universal suffrage. I did not hesitate to state that it was an indirect thing; my attention was particularly drawn to it by seeing in the room the editor of a newspaper, and from expecting that it would be the subject of newspaper animadversion.
Mr. Harper. Do you think Judge Chase made any remarks relative to the present administration?
Mr. Dorsey. I do not. I have no distinct recollection of any such, I think if he had made such remarks, I should recollect them; there is another circumstance of which I am not positive, whether he did at the end of the charge, recommend to the jury to use their exertions to repeal certain laws of the state of Maryland, or whether I drew a construction in my own mind to that effect, from what he said, I cannot say, though it is impressed on my mind that the former was the case.
Mr. Harper. Did he appear to read the charge?
Mr. Dorsey. He did, he appeared occasionally to throw his eyes off the paper.
Mr. Harper. Did he appear to throw his eyes off for a longer time than is usual with a person who is reading his own composition?
Mr. Dorsey. No he did not.
Mr. Harper. You are of opinion that he read the whole from a book?
Mr. Dorsey. It appeared so to me.
JOHN PURVIANCE Sworn.
Mr. Harper. Please to inform this honorable court whether you were present at a circuit court held at Baltimore in May 1803.
Mr. Purviance. I was.
Mr. Harper. State what happened on that occasion.
Mr. Purviance. I do not pretend to recollect every thing which occurred; but as I attended to what Judge Chase said in his charge to the grand jury, I think I have a pretty distinct recollection; as to the manner in which he delivered that address, he appeared to me to read the whole from a written paper laying before him—I never expected that this enquiry would have been made of me, and after such a lapse of time I can only speak of the impressions now on my mind.
Mr. Harper. Do you recollect whether Judge Chase made any mention of the present federal administration, and what was it.
Mr. Purviance. I have no recollection that he mentioned it, but as it was identified with the repeal of the law for establishing the circuit courts of the United States, and so far as the executive composed a part of the legislature he may have mentioned the administration.
Mr. Harper. Was there any particular mention or allusion to the executive of the United States?
Mr. Purviance. No, Sir, nothing of the kind. I have endeavored to retrace in my mind every thing which was said, and I have not the smallest recollection that any remark was made upon the executive department of the United States.
Mr. Harper. Was there nothing said about preserving power unfairly obtained?
Mr. Purviance. I think if such an expression had been used, it would have struck me forcibly, for shortly after the charge had been delivered in a conversation among some gentlemen on its contents, it was declared that the sentiments expressed by Judge Chase were impeachable. I thought that kind of charges ought not to be delivered from the bench, but I did not observe that any thing which had fallen was of a nature warrant an impeachment.
Mr. Harper. Please to inform this honorable court whether you are accustomed to practice law in the courts where Judge Chase presides?
Mr. Purviance. I am Sir.
Mr. Harper. Is it not his practice frequently to interrupt counsel?
Mr. Purviance. I think so; but I always attributed it to his quickness of apprehension, which induced him rather to anticipate counsel than to listen to them; this I always ascribe to his superior sagacity.
Mr. Harper. Have you seen any difference in his interruptions between counsel with whom he was supposed to be on ill terms, and those with whom he was on good terms?
Mr. Purviance. I never observed any difference in his conduct arising from a consideration of persons, but it always appeared to me to arise from the manner in which gentlemen treated the subject.
Mr. Harper. Were there gentlemen at the bar, with whom Judge Chase was not on good terms?
Mr. Purviance. I think there was.
Mr. Harper. Did you ever know Judge Chase after having decided a point, hear counsel against his own opinion, and upon hearing, induced to decide differently?
Mr. Purviance. Rated a case in which the Judge had retracted his opinion upon argument in a case in which he had been employed, and added that notwithstanding the pride of opinion to which man was liable, he had observed in the judge an almost unparallelled disposition to hear his opinions contested, and when mistaken to relinquish them.
NICHOLAS PRICE, Sworn.
Mr. Harper. Please to inform this honorable court whether you was at a circuit court held in Baltimore in May 1803, when a charge was delivered by Judge Chase to the grand jury.
Mr. Price. I was there and attended to the charge very particularly.
Mr. Harper. Was that charge spoken extempore or was it read from a book?
Mr. Price. I kept my eyes steadily upon the judge, and I conceived that he read the whole from a paper, as is customary with him in delivering a charge to the grand jury.
Mr. Harper. Have you a distinct recollection of the latter part of the charge?
Mr. Price. I have not a recollection of the words, but I think I recollect their general nature and tendency.
Mr. Harper. Did he say any thing respecting the present administration?
Mr. Price. Not in the slightest manner, further than mentioning the repeal of the judiciary law of the United States, which he mentioned incidentally in the course of his observations on the alterations of the judiciary system in the state of Maryland. One thing more I will add, with respect to the advice which it is alleged he gave to the grand jury—shortly after the charge was delivered in talking over this subject with Mr. Stephen, I recollect that I rather thought it was an inference drawn from the charge, than any express advice of the court on that point. Indeed I am pretty sure the words were not used.
Mr. Martin. Do I understand you right? you say he had no allusion to the present administration, but in connection with the repeal of the law of the United States as it was likely to affect the state of Maryland.
Mr. Price. So far as I recollect he made use of no other expression, but mentioned the repeal of that law to show the evil tendency of such measures as it regarded the judiciary of Maryland.</

Mr. Harper. Have you a recollection of the latter part of that charge? Mr. McMechin. I think I have. Mr. Harper. Have you any recollection of his having said any thing against the present administration? Mr. McMechin. I have no recollection of anything of the kind, either that they were weak, or of their having unfairly acquired power; such an idea was mentioned in no way unless it be inferred from the remark on the repeal of the law establishing the sixteen circuit judges. Mr. Harper. If such a sentiment had been uttered it would not have escaped your notice? Mr. McMechin. I think it would not. Mr. Harper. Had you any conversation about this charge, if you had pleasd to inform when, with whom, and what was it? Mr. McMechin. About five minutes after the charge was delivered I left the court room: going down stairs I met Mr. Montgomery and I asked him, or he asked me, what was thought of the charge; after a few observations, he said it was such an one as Mr. Chase would be impeached for; this drew my attention pointedly to the charge itself; after this I heard of the publication in the American, but I did not see it. I met afterwards with a publication in the Anti-Democrat which paper I took, purporting to be the charge of Judge Chase. I have conversed with gentlemen of both parties on the publication, and it appeared to them as it did appear to me, and as I still think it is, substantially the charge delivered by the judge. Mr. Harper. Has that opinion rested on your mind ever since you heard the charge and read the publication? Mr. McMechin. It has always so rested on my mind, and I have never read any thing on the subject since?
WM. S. GOVANE Sworn. Mr. Harper. Was you at the circuit court of Baltimore in May 1803? Mr. Govane. I was, and heard the charge delivered by Judge Chase. The room in which the court was held was a long one in a tavern, a range of tables formed the bar, and the seats around it were occupied by professional gentlemen. I went to the bottom of the table opposite to Judge Chase and directed my attention towards him. Whilst he was delivering his charge he appeared to read it from a book, but generally ended the sentences by looking toward the grand jury; except this circumstance he appeared to read the whole time. Mr. Harper. Do you retain a distinct recollection of the substance of what the judge said? Mr. Govane. I think I do. Mr. Harper. Do you remember any part containing animadversions on the present administration, such as that they were weak, feeble or incompetent? Mr. Govane. I think no such words were used. If I could swear to a fact negatively after such a lapse of time, I could swear that no such expressions fell from the judge. He said that a monarchy might be free and a republic a tyranny, and then proceeded to define what a free government was. Mr. Harper. Then you have no recollection of any reflection made upon the present administration? Mr. Govane. I have not the most distant idea that such an expression was used. Mr. Harper. Would you have remembered them if they had been used? Mr. Govane. I think I should, as I had a conversation with a friend respecting it soon after it was delivered; and I paid particular attention to the charge, because it came from Judge Chase a man of great celebrity, and I wished to draw what information I could from such a respectable source; every thing arrested my attention, and it appeared that the attention of the whole company was fixed upon the judge.
JOHN CAMPBELL Sworn. Mr. Harper. Did you attend the circuit court held at Baltimore in 1803, and in what capacity? Mr. Campbell. I attended that court as a grand juror and was appointed foreman. Mr. Harper. Do you recollect the charge that was then delivered by Judge Chase? Mr. Campbell. I recollect some parts of it, but not the whole. I paid a particular attention to that part which described my duties as a grand juror, and have some recollection of the latter part. I kept my eyes constantly upon the judge. Mr. Harper. Did he read or speak that charge? Mr. Campbell. He appeared generally to read it, taking off his eyes from the book from time to time, but never for a longer time than what is usual for men to express the words they retain in their memory from their own composition. Mr. Harper. Have you a distinct recollection of the latter part of the charge? Mr. Campbell. I cannot say I have a distinct recollection of any particular part of the charge, though I remember its general tendency. Mr. Harper. Do you remember to have heard the present administration censured as weak, feeble, or incompetent? Mr. Campbell. I have not the slightest recollection of any such expressions, if they were used they have altogether escaped my memory. Mr. Harper. Was there any allusion to the present administration? Mr. Campbell. No, sir. Mr. Harper. If such words were uttered, is there any circumstance which would have impressed them on your memory? Mr. Campbell. I should have thought them very improper, and that would have fixed them in my mind, but I have no trace of any such impression. Mr. Nicholson. You gave a deposition before the committee on this point? Mr. Campbell. I did sir. Mr. Nicholson. Did you say that the Judge recommended to the jury when they returned home that they should use their influence to prevent the passage of certain laws then pending before the legislature of Maryland? Mr. Campbell. It does appear still to me that I heard some such expression. I have thought of it repeatedly since, and I continue to believe that the Judge gave the jury that advice. Mr. Harper. Was the exhortation made by the Judge, or is it an inference you draw in your own mind? Mr. Campbell. Some such expression fell from him, and it is not an inference formed in my mind.
WILLIAM CRANCH Sworn. Mr. Harper. Were you present at the circuit court held at Baltimore in 1803? Mr. Cranch. I was—the court was held at Evans's tavern in Baltimore—Judge Chase was seated in an armed chair at the end of a long table placed before him, the grand jury were on his right, some sitting on benches placed along the wall and others standing. I stood myself about fifteen feet from the Judge, who was sitting during the whole time he was delivering his charge: he generally held the book in his hand. Mr. Harper. (shewing a book) Is that the book? Mr. Cranch. He appeared to be reading from such a book? Mr. Harper. Did he read the whole, and did he read constantly? Mr. Cranch. He appeared to me to read the whole charge, but I did not keep my eyes to constantly fixed upon him as to declare positively that he did. Mr. Harper. Was there variations in his manner of delivering the charge, as if he was at one time reading and at another speaking or tempore? Mr. Cranch. He delivered parts with more emphasis than others. He often raised his eyes from the book, but I did not observe that he repeated more than one sentence without returning to the book—he repeated no more than a man might repeat after running his eyes hastily over a passage. Mr. Harper. Did he raise his eyes for a longer time than a man might be supposed to do, who was reading a composition of his own?
Mr. Cranch. I do not think he did. Mr. Harper. Do you recollect the latter part of the charge? Mr. Cranch. I recollect more of the latter part than of the beginning, because I paid more attention to the latter part. Mr. Harper. Do you recollect any sentiments expressed relating to the weakness of the present administration, and that they were not employed in promoting the public good, but in preserving ill-gotten power? Mr. Cranch. No, sir, there was no such expression, as I recollect. Mr. Harper. Was there any expression at all relative to the present administration? Mr. Cranch. Not as an administration; nor any thing alluding to the administration separate from the government of the United States. Mr. Harper. In what way was the government alluded to? Mr. Cranch. By alluding to the repeal of the act of Feb. 1801, for the establishment of the circuit judges. I recollect no other measure of the general government which were alluded to, or any allusion to the present executive. (To be continued.)
European Intelligence. NEW-YORK, April 17. By the arrival, last evening, of the fast sailing ship Fanny, captain Taylor, in 33 days from Glasgow, the Editors of the New-York Gazette have received Glasgow papers to the 9th, and London papers to the 6th of March, one month later than our previous advices; but they contain no news of importance. Various speculations were afloat in England, of the destination of the Rochefort squadron. Among the rest, it was reported that it had put into Ferrol, but they had a suspicion that it had gone to the West-Indies, as admiral Cochrane had been ordered to proceed to that quarter with all possible expedition. The force with which he sailed from his station at Ferrol, consists of the St. George, Atlas, Northumberland, Eagle, Spartiate, and Veteran. The St. George is his flag ship. The London Gazette mentions, that lord Henry Stuart, was appointed his majesty's envoy extraordinary, &c. to the elector of Wurtemberg; and the honourable Wm. Hill, envoy &c. to the circle of Franconia, and minister to the Diet of Ratisbon. Andrew Allen, junior, esquire, has been appointed by the king, consul for the state of New-Hampshire, Massachusetts, Rhode-Island and Connecticut. The English ministry was about laying an additional duty on salt. Valuable Spanish prizes still continued to be sent into the different ports in England. LONDON, February 20. This morning, three Cottenburg mails arrived, by which we have received Hamburg papers to the date of February 4. We have received Paris papers to the 10th inst. They contain little intelligence of moment. Among the recent diplomatic appointments of the French government, M. De Rochefoucault has been nominated ambassador at Vienna, and general Junot, at the same time at Lisbon. On Sunday evening a grand diplomatic audience was given to the Austrian, Saxon, Prussian and Bavarian ambassadors, who presented letters of congratulation from their respective courts, upon the birth of prince Napoleon Louis. Prince Murat took the oaths as grand-admiral, and was complimented by the senate. Bonaparte is shortly expected to set out for the camp at Boulogne.
March 1. It would seem that Bonaparte has consented to the neutrality of the court of Naples, at least with respect to Sicily, and that he no longer requires the ports of that island to be shut against our shipping. For this concession it must, however, be remarked, that the only pledge given is the verbal assurance of the French minister at Naples. Our envoy still continues in that capital. We are assured, by a letter from Paris, inserted in the Hamburg Journals, that his Prussian majesty's offer to mediate between France and Great-Britain has been well received by the emperor Napoleon. The reports of the total exclusion of American vessels from the harbours of Jamaica is evidently unfounded. It appears to have originated in a misconception of the orders which have been issued, not only at Jamaica, but at most of the other West-India settlements, for enforcing the provisions of the 28th of his present majesty, relative to the trade both with the United States and the British plantations in North America. Yesterday morning capt. Bradley, late commander of the Cambrian frigate, arrived in town from Nova Scotia, with dispatches from admiral sir A. Mitchell, commanding on that station. The fleet under the command of admiral Cornwallis still remains in Torbay. It has been joined by the Tonnant, Hero, and Illustrious, and consists now of 14 sail of the line, besides frigates. Moreau, according to report was detained in Spain, because Bonaparte was afraid he would be received with too much distinction in America. It was indeed natural to suppose that a republican general would be well received in America, having fallen a victim to the ambition of a man who has converted a commonwealth or at least what was held forth as such, into the most absolute monarchy on earth.
March 4. Dispatches were last night sent off from the admiralty to Yarmouth. Orders have been given for a great number of ships of the line to join the North-Sea fleet. The members of the committee delegated to bring over the Irish Roman Catholic petition, have arrived in town. In obedience to their instructions, their first step will be to obtain an audience of Mr. Pitt, and request, on the part of the Catholics of Ireland, that he will be pleased to present it to the house of commons, and support it with all his power and influence in the country; and in case that his request should not be complied with, it is to be entrusted to Mr. Fox, and the principal members of the old administration, who are understood to be pledged to that measure. Count Rumford has recently married the widow of M. Varesey, in Paris; by which nuptial experiment he obtains a fortune of 8000l. per annum: this is evidently the most effective of all the Rumfordizing projects for keeping a bonfire warm! We can undertake to assure our readers, that in consequence of the scarcity which is now generally felt throughout the whole of Spain, orders have been dispatched to the commanders of our squadrons and cruisers off the Spanish coast to permit all neutral vessels freighted with grain to pass unmolested; and even to allow all kinds of shipping of the same description, unless they have enemy's property on board. The strictness maintained in the blockade of Cadiz was merely a measure of discretion, exercised
by the commander in chief on that station; and we are enabled to state, that orders have been sent out to him to discontinue the blockade. The dispatches are now on their way in Le Vengeur sloop of war. Another communication which we have to make will not fail to give cordial satisfaction to the generous feelings of the country: It has been finally settled, that all private property, without any exception or limitation whatever, found on board the Spanish vessels captured by his majesty's ships, shall be returned to the owners. Directions to this effect have been already issued.
March 5. Consols, 58; Reduced, shut; Omnium, 4 prem. Government daily expects the answer of the emperor Alexander to his majesty's communication respecting the late overtures made by Bonaparte. The messenger is, in all probability, detained by the weather at Hufum.
February 29—March 3. Previous to the sailing of the Townshend, letters had been received at Lisbon from Gibraltar, which stated that the French fleet had failed from Toulon, with a number of troops on board, but its destination was unknown. The report stated in a preceding column, respecting a revolt at the Cape of Good-Hope, is said to have the strongest sanction of several letters received in London; one of which states, that the settlement was surrendered to the English in consequence of a previous negotiation opened with the British government at Madras. It should seem as if the French government had received some intimation to this effect, at the time of publishing its famous Exposé on the 31st of December, which, speaking of the Batavian republic, says—"Its colonies have been a second time sold to the English, and delivered up without resistance;" an expression which certainly does not at all apply to the late surrender of any of the Dutch settlements in the West-Indies.
The insertion in the Lisbon official Gazette of the gross libel of the Prince of Peace against this country, has been followed up by an order from the Portuguese government, that "all Spanish ships, prizes to the English, shall quit the Tagus, and that in future no such prizes shall be admitted." This order was issued on the 30th instant. The Townshend Packet, captain Dodd, which left Lisbon on the following day, arrived at Falmouth on Thursday evening. Letters of the 18th ult. received from Rotterdam on Saturday, mention the arrival of M. Van Schimmelpenninck, at the Hague, with the new constitution manufactured at Paris. M. Schimmelpenninck, it is said, is to be invested with the supreme command of civil government; and it is added, that for this arrangement the Dutch are indebted to the court of Berlin.
The deputation appointed to bring over the petition for the Catholic emancipation, may be expected in town in the course of this week. We understand that they are instructed to wait on Mr. Pitt, and to request that he will present it to the House of Commons. Should Mr. Pitt consent, they are authorised to intimate to him, that it is their wish he should only pray that it may be laid on the table, as the Catholics do not mean to press the business, unless with the approbation of his majesty's government, and an assurance that it will not produce a warm discussion. This arrangement has been produced by the moderate party among the Catholics, at the head of which is lord Fingal. His lordship and his friends have been from the beginning alarmed at the probable consequence of a violent opposition to the question at the present crisis. The rest of the leading Catholics, however, aware that disunion must prove fatal to the cause, yielded to the wishes of the moderate party; and hence the petition will be brought forward in the humble and conciliatory manner which we have mentioned.
The Slave Trade Bill, now before the house of commons, goes to enact that from a time to be determined, no negro slave shall be imported into any of his majesty's colonies, under a penalty to be hereafter determined. All insurance on vessels employed in the Slave Trade, to be declared void. The benefit of seizure of vessels employed in the traffic to redound to the seizing officers. Forfeiture to be recovered by prosecution in the courts. Orders have been issued from the navy board for the greatest dispatch being used in the equipment of every ship in condition to put to sea.
The Gazette of Saturday night contains a proclamation for permitting the importation of corn and other provisions from the U. States of America, into his majesty's North American Colonies. Accounts from Holland state, that an unusual degree of activity prevails in their naval department, the Dutch have received from Paris a new constitution, by M. Schimmelpenninck, who is to be at the head of it. No other particulars are yet known, but it is said the whole of the military department remains under the control of the French emperor.
A report that the Cape of Good-Hope had surrendered to a British squadron, is not believed. The following paragraphs appear in the postscript of the Courrier de Londres: "M. Bonaparte has caused it to be inferred in his journals "that England and France have accepted the mediation of a great power." "The Majestueux, one of the Rochefort squadron, has returned to that port, dismantled—the others have not entered the harbor of Brest." Large detachments from the French army in the Neapolitan territories have been ordered to march to Upper Italy—orders which have perhaps been occasioned by the increasing strength of the Austrian cordon. The Italian powers, which have hitherto been neutral, are no longer to be permitted to remain so, but are to be required to shut their ports against England.
PARIS—At two o'clock, a numerous deputation from the legislative body was introduced, when the president Fontanes delivered an address to which the emperor made the following reply: "Gentlemen deputies from the departments, to the legislative body. "When I resolved to write to the king of England, I made a sacrifice of the most dutiful sentiments, and the purest motives. I was influenced by a desire to spare the blood of my people. I shall always be ready to make the same sacrifice. My fame, my happiness, I have placed in the welfare of the present generation. I was desirous, as far as lay in my power, to render philanthropic and magnanimous ideas the prevalent ones of the present age. It belongs to me, whose sentiments cannot be ascribed to weakness; it belongs to us, to the best natured, the most enlightened, and most benevolent people, to remind the nations of Europe, that they make together but one family, and every undertaking which they execute in their civil divisions, militates against the general welfare. Gentlemen deputies of the legislative body, I depend upon your assistance, as well as upon the valor of my army."
Glasgow, February 23. The budget was opened on Monday. The terms upon which the loan of 32 1-2 millions have been negotiated, afford ample evidence of the prosperity of the country. The property tax is increased from 5 to 6 1-4 per cent. The interest of the loan is to be provided for by the following taxes: An addition of 1d. on all single letters by the post, 2d. on foreign letters, and 1d. on two-penny letters—5d. a bushel on salt consumed at home, and 6d. a bushel on salt exported to any part of Europe—8s. on pleasure horses in addition to the 40s. paid at present—7s. 6d. on horses used in husbandry in addition to the 12s. 6d. paid at present—one per cent. upon direct legacies, which formerly paid no duty; one per cent. on legacies charged on land; and in place of eight, ten per cent. on legacies to strangers in blood. These are the new taxes, which are estimated at £ 1,560,000. The addition to the property tax is estimated at 1,150,000. February 28. Nine French gun vessels attempting to get into Brest have been captured by the Melampus frigate, &c. They are truly wretched craft; they contained no other accommodation for officers and men than straw to lie on. Mr. Pitt concluded his bargain for the loan on Monday. The terms are more favorable for the country than those of last year. An increase, it would appear, is to take place on the income tax. Lord Robert Fitzgerald, our ambassador at Lisbon, has presented a spirited memorial to the Portuguese minister, complaining of the publication in the Lisbon Gazette, of the manifesto by the Prince of Peace. The memorial does great credit to his lordship, and is characteristic of a Briton. Five Hamburg mails are due.
GREENOCK, March 8. No continental intelligence has been received since our last. The offer of the king of Prussia to mediate between this country and France, it is believed in certain political circles, has been accepted by the latter power; or rather, it has been sanctioned by the French ambassador at the court of Berlin, that such an interference was expected, and would be considered as a manifestation of a wish on the part of Prussia, to preserve the peace of the continent.
FALMOUTH, March 2. Sailed, Lord Charles Spencer, Cote worth, with mails of the 20th ult. for N. York. GRAVESSEND, March 4. The Elizabeth, capt. Hennessy, of 19 guns and 50 men sailed from Liverpool on the 29th of January, bound to the coast of Africa; and on the 2d of February, in lat. 48, 24, n. long. 12, 15, w. she fell in with a large French privateer (appearing as an American) with "Swift of Norfolk," painted on her stern. The enemy's ship mounted 24 pounds on her main deck, and light guns on her quarter deck; she was full of men. The Elizabeth engaged her for two hours, during which she entirely dismasted her, and obliged her to sheer off. The Elizabeth had one man killed and six wounded, and has received great damage.
The Revolutionary frigate, which arrived at Portsmouth on Monday evening from N. York, performed the voyage in sixteen days, which is the quickest passage ever made; she run from 200 to 260 miles every day. The Revolutionary was waiting three months for the French frigate to come out of Hampton roads, which is to convey Jerome Bonaparte and lady to France. The Cambrian frigate captain Beresford, relieved her. Captain Bradley, formerly commander of the Cambrian, came passenger in the Revolutionary, which has brought home 200,000 dollars.
CADIZ, January 6. The troops in camp at St. Roche have received reinforcements lately; others are expected. The captain general has hemmed in as much as possible all the line of English posts before Gibraltar. Almost all the garrison of that fortress is encamped outside the walls for fear of the contagion, which still continues its ravages.
FROM CADIZ. The brig Washington, Capt. Davis, arrived at this port, yesterday, in 36 days from Cadiz, informs, that that port was strictly blockaded by the British, and that all neutral vessels, laden with provisions, &c, were turned away, and their registers endorsed. Capt. Davis further adds, that this revolution had created a very great scarcity of flour, which had accordingly risen to 23 dls. pr bbl.—Most other articles of import, excepting salted provisions, had also experienced a very considerable rise.
FROM GIBRALTAR. Tuesday, arrived here, the brig Maria, Capt. Saunders, from the Mediterranean—He informs, that a fleet of thirty sail of merchantmen, from Malta, for England, under convoy of the Arrow sloop of war, of 18 guns, Capt. Vincent, and a bomb brig, about the 1st of February, near the island of Ivia, was fallen in with by two French frigates, and after an engagement of one hour the English sloop of war blew up, the bomb was captured, and a considerable part of the convoy. About nine sail of the latter had arrived at Gibraltar previous to his leaving that fortress.
EAST-INDIES. A gentleman, late from Canton, gives the following account from that country—"The Ladrone and Pirates in the Chinese Seas, have committed great depredations on the commerce there—the Portuguese and Chinese have sent out from Macao, an armed force to cruise against them, consisting of 100 sail of Junks, and three Portuguese ships.—A partial insurrection had taken place in one of the Provinces of China, in consequence of the scarcity of rice, and other provisions, and of the oppressions of the Mandarines, and many families had come to Canton for refuge."
Com. Adv. EDUCATION & POLITE ACCOMPLISHMENTS, FOR YOUNG LADIES: AT WILLIAMSBURG, VA. WHILST the enlightened period in which we live dawns with benign influence on female improvement, and parents every where become emulous to obtain for their daughters, the advantages which polite education confers, an establishment calculated to gratify this amiable and just solicitude, cannot fail to excite interest, and meet approbation.
Mr. Anderson's institution for the instruction of young ladies, formed in the bosom of a society distinguished for intelligence and refinement, embracing both the useful and ornamental branches of their improvement, enjoys peculiar advantages of situation.
As the seat of a justly celebrated university, and the residence of many families of the first distinction in our country, Williamsburg presents a scene, propitious in the highest degree to mental and personal accomplishments; and with a view, particularly, to the general improvement of young ladies, no place has superior claims to attention.
The severity of the past winter occasioned a temporary suspension of the exercises of the school, but they are now resumed; and parents, who wish to benefit by this establishment, may obtain further information, on application by letter, or otherwise, to Mr. L. Anderson, Postmaster, Williamsburg, Va. April 26. ep2w&T&f.
West-Indies. AMERICAN CONSULATE, Havana, March 30, 1803. [CIRCULAR.] SIR, FOR the information of the merchants and others of your district and city, I embrace this opportunity offering this moment to inform you, that the ports of Havana and St. Jago de Cuba, are now open for the admission of all kinds of provisions and dry goods, &c. in neutral vessels, from neutral ports, on the same terms and conditions as during the late war. I send you copies of the decrees herewith enclosed. I am, Sir, Very respectfully, Your most obedient servant, VINCENT GRAY, The Collector of the Customs for the Port of Philadelphia. P. S. Duty at present 32 1-2 per cent. but about to be reduced immediately.
NEW-YORK, April 19. A French gentleman, who came passenger in the brig Lion from St. Thomas, informs us, that the Rochefort squadron in the West-Indies had failed from Guadalupe for St. Domingo, where it was intended to disembark two thousand troops as a reinforcement to those under General Ferraud. Merc. Adv. April 20. Captain Burgis, of the brig Eliza, informs us that about ten days before he left the Havana it was reported there that a French fleet had appeared before the island of Jamaica; and this report was confirmed four or five days previous to his sailing by a vessel from St. Jago. The British squadron had left their station off the Havana. Flour 16 dollars, subject to a duty of 5 dollars per barrel. Ib.
BALTIMORE, April 22. From captain Adams of the sch'r Edith and Nancy, in 23 days passage from Aux Cayes, we are politely favored with the following account. Although it is disagreeable in its nature, it is, nevertheless, our duty to lay it before our readers. On the 28th of last month got under way in company with the brig Hope, capt. Gardner, sch'r Vigilant, captain Helms, sch'r Ann, capt. Dobbins, of Baltimore; sch'r Citizen, capt. Waffan, of New-York, under convoy of the armed ship Mary, of Baltimore, capt. Anderson. About six hours after fell in with five privateers, 3 large and 2 small sch'rs, which gave chase to the vessels under convoy; at the same time appeared an English vessel, supposed to be a sloop, which was taken by one of the privateer Schooners. The Edith and Nancy with the other vessels, sailing with a fresh breeze before the wind, got clear of any interruption from the privateers, but captain Adams saw one of them about five o'clock in the evening bear down towards the sch'r Ann, and board her, while the others continued in chase of the Mary, attempting to board her but was repulsed, getting no warm a reception that even after dark a constant fire of musketry was easily observed—The vessels under her convoy immediately crowded sail and made the most of a favorable breeze which at that moment sprung up—During the whole of the transaction none of the privateers hoisted any other colours than those of the Island of Hayti. Telegraph.
ALEXANDRIA, April 22. Arrived, on Saturday, the Schooner Paragon, captain Haynes, 23 days from Nevis. Captain Haynes has furnished us with the following important information: That news was received at St. Kitts the day before he failed that the French fleet had went to Barbadoes and there taken and burnt the greater part of the Cork fleet—that they had effected a landing, & it was supposed would levy contributions on the inhabitants as they had done in the other islands; that they then intended going to Trinidad. An embargo was laid on all the shipping at St. Kitts immediately on the receipt of the above news, and it was expected one would take place at Nevis the day after captain Haynes failed. The brig John from Jamaica likewise arrived on Saturday in 20 days passage. No accounts of the above events had been received at Jamaica when the John left there. Alex. Adv.
NORFOLK, April 23. We learn by an arrival from Porto Rico, that the army of Dessalines had closely invested the city of St. Domingo. A battery was erected at the mouth of the harbour to prevent the entry or departure of all vessels, however loaded. The city had not more than two months provisions, and if not relieved before the expiration of that time, the besieged must submit to all the horrors with which an implacable hatred menaces them. Captain Moffat brings intelligence from Guadalupe as late as the 28th of March; at which time no second fleet had arrived from France. A corvette from Europe had brought the information that three squadrons had failed before her departure. The division of admiral Mississipi (as we must call him until we ascertain what is really his name) had failed from Martinique, its destination unknown. Ledger.
CHARLESTON, April 11. A Spanish gentleman who arrived yesterday in the Schooner Two Friends, informs, that 14 days ago he failed for New-Providence from the Matanzas, being a licensed vessel; that two days after, he was met by a British frigate, which put three men on board of him and detained him two days; on the morning of the third day he was dismissed. From this vessel he learnt that he was dispatched to call in all the English ships of war that were cruising to leeward; that 5 days ago off Cape Carmarvel they fell in with a French cutter from Kingston, carrying dispatches to Havre de Grace in France; by this vessel, which was then 7 days from Jamaica, he was informed that a French fleet had arrived at Jamaica, that it consisted of 22 ships of the line, 11 frigates and forty transports; and had on board 45 thousand men, & that the general had summoned the island to surrender. The fleet he states to have arrived from Brest, City Gazette.
TWENTY DOLLARS REWARD. RUN away from the subscriber on the 2nd of January last, a likely negro man named Amp, but frequently goes by the name of Armistead, he is upwards of twenty-five years of age, about five feet seven or eight inches high, of a yellow complexion has a nose rather large, and speaks quick when interrogated. He has been hired to Mr. John Woolfolk for three years past for the purpose of taking care of Hogs, horses, at Todd's in Caroline. I expect he will endeavor to pass as a free man, and is lurking about some town. Whoever will deliver the said slave to me, or confine him in jail so that I get him again, shall receive the above reward. Masters of vessels & others are cautioned against employing or carrying him out of the state at their peril. LEWIS COLLINS. Caroline, April 26. (F3w)
FOR SALE, An elegant CARRIAGE HORSE, a fine forest, 15 hands high, six years old. Enquire of the Printers. April 28. (2t)

Domestic Intelligence.
MASSACHUSETTS ELECTION.
The votes of 386 towns for governor give Mr. Strong, 33,368 Mr. Sullivan, 30,508
Federal majority, 2,860
BOSTON, April 13.
TRIBUTE TO MERIT.
An entertainment was given at Concert Hall on Wednesday to Commodore Preble, as testimonial of the esteem which the citizens of this town entertain of his splendid achievements while commanding our squadron in the Mediterranean.
It must doubtless prove a source of the highest gratification to every individual who has marked the progress and the promulgation of toasts and sentiments which have for several years past been organized in similar meetings, where the above-named persons have presided; to learn, that during this sitting there was much less of that party asperity which derogate from the arbiter of the gentleman; or which might sully the cheeck of honest patriotism with a blush.
As there is more joy in Heaven, over one sinner that repenteth, than over ninety-nine just persons; we have great reason to rejoice that these men should see the folly of their ungrateful opposition to the most equitably administered government in the known world; and we sanguinely hope their deluded satellites will with equal facility cast off the error of their ways, and embrace the salutary principles of republicanism.
The following are the toasts drank on the occasion:
1. THE PRESIDENT of the United States. 2. His Excellency GOVERNOR STRONG. 3. The American Navy; its efficient protection of our rights against the civilized as well as the barbarous. 4. The memory of Somers, Wadsworth, Israel, and their brave companions, self-devoted victims to patriotism; their glory is precious to their country. 5. Lieutenant Decatur and the heroes who fell before Tripoli; may public gratitude consecrate their memories. 6. The Ship of State. Though Americans differ in the calm of peace, when the storm of war comes, may the enemy find them united at their quarters. 7. Our Country. Most extensively related to Old Ocean, may it never be deficient in family pride. 8. Tribute to Merit. May the United States never pay any other. 9. BAINBRIDGE, and his captive companions; sympathy for their misfortunes, vengeance for their sufferings. 10. Union of all parties in modes of defence. Ships for the deep, and gun-boats for shoal water. 11. The founder of our armed coasts. May his fame be as dear to his countrymen as their honor and best interests are to his heart. 12. Our Constitution. The only remaining temples of Republican Liberty. 13. WASHINGTON. May his example and precepts reign in the Councils of our country. 14. An independent Judiciary. The best safeguard of Republican freedom. 15. Agriculture. May it feel and acknowledge its relationship to the Navy. 16. The Fair. Their smile of approbation warms the farmer's heart and nerves his arm. Previous to his retiring Commodore PREBLE gave the following toast— The Town of Boston. May wealth and happiness reward the industry and enterprise of its respectable inhabitants.
After his retiring, the following toast was given and drank with applause.
EDWARD PREBLE. Our Hero before Tripoli; may the laurels he has gained in the Old World, be long the pride of the New.
A number of appropriate volunteer toasts and excellent songs concluded the day, much to the satisfaction of the company.
NEW-YORK, April 16.
THE LIBEL ACT, which allows the truth to be given in evidence, has, we are informed passed the council of revision unanimously, and has thus become a law.
We are told, from authority which cannot justify us in doubting its authenticity, that a very lengthy and serious correspondence is now going on, between Mr. Merry, the British minister, and Mr. Madison, Secretary of State, on the subject of impressing American seamen, by British ships of war. Mr. Merry insisting on the right of British vessels to seize native born subjects of Great-Britain, when met with on the seas, and not admitting the principle of naturalization as a security of the rights of citizenship of these states, and defending the arbitrary notion, of "once an Englishman, always an Englishman." While Mr. Madison contends for the protection of the American flag, the rights of citizenship, and the laws of the U. States relative to naturalization. It is also said, that the correspondence is continued with great energy, and some considerable warmth.
Balt. Evening Post.
The contents of the following article, though not supported by any authentic evidence, are by no means at variance with probability. Moreau, notwithstanding his misfortunes, must still retain the ambition of a soldier: notwithstanding his just hatred of the tyranny and injustice of Bonaparte, he still breathes the spirit of a Frenchman—must still be anxious to advance the glory of his country. This ambition, this devotion to France, will impel him to undertake any act of enterprise connected with loss or injury to Great-Britain, the natural rival and enemy of France. Added to these considerations, the recovery of Gibraltar by Spain is an object connected with every principle of her national honor and ambition—We shall not be surprised, then, to hear of a very bold and vigorous attempt at the object.
Phil. Gaz.
"A gentleman, who on Friday last arrived in town from Porto Rico, (says the N. Y. Gazette of yesterday) informs, that just before he failed, a Packet arrived there in eighteen days from Coruna, bringing a file of Madrid Gazettes, one of which stated, that Bonaparte had consented to Moreau's taking the command of the Spanish army—that he had been sent, with several French engineers, to reconnoitre the ground most favorable for erecting fortifications for besieging Gibraltar, and that he had informed his Catholic Majesty, that if he would furnish him an army of 60,000 men, he would forfeit his life if he did not take Gibraltar. This army was immediately granted, and the attack was to commence without delay."
NOTICE TO MERCHANTS.
The laws of Portugal requiring that vessels to be entitled to the benefit of Franquie, that is of leaving the ports with their inward cargo, should be bound to some other country, and shall have put into the ports of this kingdom from injuries sustained, want of provisions or water, or bad weather, it is requisite that as vessels loaded with bread stuffs in particular, intended for any other country, but which may touch in the ports of Portugal, be furnished with a Charter-party or letter of orders stating the port of their destination, bills of lading alone not being received as satisfactory evidence; and if it does not appear by those documents, that the vessel was intended for any port of Portugal, she will be permitted to depart without embarrassment.
Lisbon, Feb. 25. 1805.
Commercial Information.
Chevalier de Foranda, his Catholic majesty's consular general, gives notice to the merchants and traders of the United States, that the port of Saint Augustine is now open for the importation of all kinds of provisions in American vessels; and that passports will be granted by the respective consuls, without which no vessel will be admitted.
WASHINGTON, April 19.
On Wednesday the PRESIDENT of the United States returned to the city from Monticello, in good health.
The following statement of the fortifications of Tripoli, is extracted from the remarks of captains Stewart and Smith, of the American squadron, who were employed to reconnoitre the harbor and batteries of that city:
Table with 2 columns: Battery Name, Number of Guns. Rows include: English Fort mounts (7), American Fort (7), Bathaw's Castle (10), etc.
ENQUIRER.
RICHMOND, APRIL 26, 1805.
ON THE INCREASE
OF THE BANKING CAPITAL OF VIRGINIA.
DIALOGUE BETWEEN CRITO AND MIDAS.
(Concluded.)
C. There is, Sir, a third reason, and during the present state of the bank, a most efficacious reason, for the adoption of this cautious policy. Let me ask you, whether you would not sooner receive a bank note, than the note of a private individual?
M. Certainly.
C. Your reason, Sir?
M. Because the capital of any bank is always more permanent and certain than the property of any private trader.
C. If then you had received a note of each, which would you keep the longest in your hands?
M. Certainly, the bank note. I should always know the time when the private note became due, and I should immediately after the expiration of that time present it for payment. But I should scarcely ever think of presenting a bank note of the bank for payment even when it became due, because the capital of the bank is always safe and always sufficient to answer occasional demands. I pay a post note, because the current notes of a bank are made payable "on demand."
C. Really, my good friend Midas, though you no longer possess your fabled power of turning every thing you touch into gold, I see you have not yet lost the great art of knowing when you ought to turn your paper into specie. You have now admitted that a private note can seldom run on, after it has become due, but that bank notes may circulate for weeks, & months & years, without any application to the bank for payment. You have consequently asserted, that it is not the interest of any trader to issue a greater number of his notes than what the amount of his specie at their respective periods of payment will nearly discharge: but that a bank may "confidently with its own safety" emit its notes to a much greater amount than that of its actual capital. Will you now, Sir, inform me how these emissions are effected?
M. Principally, by discounting negotiable notes. C. Is it not then, Sir, a very obvious maxim that the extent of its discounts must always bear a certain ratio to the length of the time, during which its notes may be permitted to circulate: or in other words, to the extent of its credit? Did they not possess a general and substantial credit, these notes would be continually returning upon it to be exchanged for specie: and such applications might be so frequently repeated as ultimately to endanger the security of the bank. Is it not therefore the obvious interest of every bank always to have as much specie in its coffers as will be equal to that part of their own notes which will return upon them for payment: and consequently to regulate the whole amount of their emissions, or the whole amount of discounted paper, by this proportional part?
But what is the present state of the Bank of Virginia? Its notes do not yet possess a general currency. The cultivators of the upper country, when they visit Richmond with their crops, will scarcely receive them from our merchants, and the next moment they present them to the bank to be exchanged for specie. A greater degree of confidence must be inspired; the cultivator must gradually learn to appreciate the real value of notes from the permanence of the fund, on which they are emitted, and from their artificial value in the payment of his taxes, before the emissions and the discounts of the bank can correspond to the expectations of its customers.
M. Then you will not have me put any reliance in the standard, which I had employed for discovering the disproportion between the present banking capital of Virginia, and the effectual demands of the market? Although the Bank has thrown out a great deal of good paper, you tell me there are other reasons for this policy, besides the absolute employment of all its capital? Is then no reliance at all to be placed in this standard at no time and under no circumstances?
C. I should be sorry to deprive you of your principle, particularly, as I am unable to furnish you with a better one. The bank of Virginia must however be under very different circumstances before you can make any advantageous application of this criterion. You must wait until its fourth installment shall have been paid in; until its notes shall have circulated over a great space and for a long time: you must extend your observations upon the amount of discounts to all the seasons of the year, both when the markets are full and when they are empty, and then perhaps you would be able to apply your criterion. If under such circumstances you found that it was the custom of the bank to reject good negotiable paper, then it would be fair to conclude that more money is wanted than the bank can lend out, or in other words, that its present capital is not sufficient to supply the demands of commerce.
M. Have you then no way of deciding this
important problem? You have surely formed some opinion upon the propriety of increasing our banking capital?
C. I have, and this opinion is founded on a single fact. The capital of every bank must consist of actual specie. If you cannot collect this specie, you cannot increase the banking capital: Have you then considered whether there is as much specie in Virginia as will admit of such an augmentation? It is not a fact that when the last installment was paid in, the shareholders could not find sufficient specie in the market; that they were obliged to exchange bank notes at the bank for specie, and it was with this money thus drawn out of the bank, that most of the last installment was paid into it.
M. But is there not a considerable sum of gold and silver coin in the inner country of the state?
C. There certainly is, yet a long time must necessarily elapse, before paper money can take its place, and drive it into the towns?
M. Could it not be obtained from the Northern towns?
C. Probably not. You forget that the last installment might also have been drawn from that quarter of the union. You forget too the numerous and repeated complaints which have prevailed in that quarter, about the scarcity of gold and silver. The great number of new banks and the equipment of E. India ships have, they say, locked up the circulating coin, or sent it out of the country. Was it not the other day, that an E. India ship visited this river for a cargo of dollars, and that an extravagant premium of per cent was allowed for them at Petersburg? In fact Sir, any attempt to increase the banking capital of Virginia would be unavailing, until we can increase our metallic medium. You might indeed take the money from the present bank and throw it into a new one, or you might return it into its present reservoir, but you could not by this operation increase the banking capital of the state, or the facilities of commercial enterprise.
M. Perhaps then this is not the proper moment for effecting such an augmentation. Such a moment however must arrive!
C. Certainly: But when will that moment arrive? Is an important problem. Some have recommended an extension of the capital, whenever the present stock shall be worth a certain premium; as 30 or 40 per cent. As to myself I should prefer your former criterion.
M. Have you then made up your mind about the best system for effecting this object? Would you rather increase the capital of the present bank, or establish a new bank?
C. On this question I am not prepared to express a conclusive opinion. I will merely content myself with observing, that the expence of conducting two banks is evidently greater than that of conducting one; and that the competition, which will inevitably grow up between them, may sometimes have the effect of extending their discounts beyond the proper limits of prudence or necessity. It is also worthy of your consideration, that the spirit of jealousy between two banks, is not likely to lead to the ordinary advantages of a free competition. Why is it better to have two small stores in a neighbourhood than one large one? Because the merchants will buy cheaper and buy dearer. The operations of a bank, however, do not admit of a similar result. The terms of trading in a bank are uniformly the same. Their business is principally confined to the buying of private notes, and the selling of their own notes; but the profit of this business is always confined by their charter to the legal rate of interest.
M. But what plan would you propose for effecting this augmentation? Would you have the legislature pass a law, authorising the board of directors to open books for receiving additional subscriptions?
C. According to the way, in which the present shares were taken? No. The present shares are worth now 15 per cent. advance, & they are continually advancing. Let us then suppose them to be worth 30 per cent., at the time when the subscription books shall be opened for the new shares. Each new share will be worth as much as an old one, because the business of the bank will then be sufficient to employ not only the old but the new capital. Each of the new shares will therefore be worth 30 per cent. advance, and the subscriber will thus be entitled for 100 dollars, to a share that is worth 150 dollars. Do you not then perceive that such a fair prospect of speculation would stimulate the avarice of the competitors, and that the shares would fall into the hands of those who are fortunate enough to make their way up to the subscription table, and wary enough to multiply the number of their proxies.
M. Would you then have them to pay the full price of the shares?
C. Certainly: nothing could be more equitable.
M. But in what way would you with these premiums to be collected, and how would you dispose of them? Would you compel them to make an annual contribution into the public treasury?
C. No. It should be the part of the legislature to authorise the board of directors (when the stock was worth 30 per cent?) to advertise a certain number of shares for sale to the highest bidder. The purchasers would then be obliged to pay this advance on the stock: and this premium should constitute a new fund for the benefit of the state. Let 5000 shares for instance be sold, and the treasury would at once acquire a capital of 15,000 dollars, to be appropriated to some public purpose.
M. Have you then chalked out any particular object for the investment of this capital?
C. We have a simple and apposite criterion before us to determine its proper destination. As this sum is principally contributed by the merchants, and withdrawn from the purposes of commerce, is not the legislature bound to return it into the same channel? May they not employ it to facilitate the commercial communication between the different parts of the state; to the digging of canals or the constructing of roads?
M. But, Sir, what part of our state requires this communication?
C. Many. But to my mind no object of this kind appears more worthy of the enlightened zeal of the Virginia legislature than the establishment of a turnpike road, which shall connect the western parts of the union with the eastern district of our state. Let such a road be formed from Lynchburg on the James river to the Kanawha, and Ohio, and what a sublime chain of consequences opens before us! Our trade and agriculture expanding: the bonds of our political union confirmed by the ties of commerce; a cordial intercourse established with the western states: all local jealousies between the districts of Virginia to the E. and W. of the mountain expiring: Norfolk on the sea-board, Richmond and Lynchburg on the James river, one flourishing settlement on the Kanawha, and another on the Ohio, drawing closer together the people of the Mississippi, and the people of the Chesapeake; and all these objects accomplished without a single tax levied upon the people; without a single imposition upon one part of the state for the exclusive benefit of another: without a single murmur!!
COMMUNICATION.
ALTHOUGH no study be of more importance to the arts, manufactures, and happiness of this
country, than a generally diffused knowledge of the mathematics, & of those sciences which depend upon them; yet no part in the education of the American youth has been more neglected and less cultivated. This however is to be attributed to the habits of the teachers employed, and to the mode of education to which they have been accustomed, and not to the genius and inclination of the people. The system of American education hitherto most prevalent, has been founded upon that practised in the seminaries of North Britain, from whence the majority of the teachers in the United States have been drawn, and from that class originally defined for the church, whose knowledge in the dead languages, however confessedly great, with respect to mathematical science, is in general extremely limited. In Scotland, mathematical learning is entirely excluded from the grammar schools, and even in the universities, since the time of McLaurin of Edinburgh, & Simpson of Glasgow, the mathematical course has been superficial. The study of mathematics is conducted upon a more extensive plan in the seminaries of England, particularly at Cambridge and Woolwich, than in Scotland; but in no country except France, have the mathematics been pursued with that perseverance, which their utility merits. To France for the last fifty years, all the real mathematical knowledge of Europe has been confined: during this period not a single mathematical production, excepting the laborious compilations of Dr. Hutton of Woolwich has appeared in any other country that merits perusal; and it is a circumstance somewhat extraordinary, that notwithstanding the boasted military and naval strength of Great-Britain, all the improvements and knowledge in the military and naval arts should have been received from the French schools. Whole libraries may be formed from the several eminent French mathematical authors, who have treated these subjects, when in the English language only the miserable works of Muller can be found.
In order therefore to introduce a proper taste for mathematical learning in the United States, such a course ought to be pursued as the experience of France has sanctioned. In the public seminaries of this nation, youth generally begin to be instructed in the elements of geometry at the age of ten. This science with that of Algebra and Fluxions occupy their attention for three years; and an equal period is generally afterwards devoted to the acquirement of mixed mathematics, and of those sciences which depend on the previous knowledge of geometry. Thus a young man at the age of sixteen has acquired such a knowledge of the mathematical science as enables him to pursue with success those studies that require the judgment of a more mature age.
It is far from my intention to recommend an equally extensive plan of mathematical learning, to those young men who have not had the proper opportunities of receiving an education until advanced in life. For them the course should be abridged and ought to conform in a great degree to their future views.
COMMUNICATION.
With respect to the solution of the Problem requiring the curve and the area of the curve, described by the shadow of the chimney of the Capitol, having not had an opportunity of ascertaining the altitude of the chimney, I shall merely state the nature of the curve, whose area afterwards may easily be ascertained.
Because the rays, intercepted by the highest point, would, in the sun's diurnal revolution, form a conical surface about that point as a vertex, whose axis produced would pass thro' the pole of the world; it is evident that the path of the shadow, being the intersection of the plane of the horizon with that surface, must be a conic section.
If the sun never descended below the horizon it would be an ellipse, the greater and lesser axis of which, would be ascertained by having the fine of the sun's declination, as also the fines of his greater and lesser meridional altitude; for putting the altitude of the object equal to 1; twice the fine of the sun's declination equal to A; the fine of the complement of the sun's declination equal to B; the fine of the greater meridional altitude equal to C: and that of the lesser equal to D.—Then the transverse axis
A / CD = 2B / CD
But in the present instance, as the sun descends below the horizon, the curve will be an hyperbole: the asymptotes of which, may be determined by the sun's amplitude on the given day; and the transverse axis by the shadow of the object when the sun is in the meridian.
X.
The Editor of this paper left town early yesterday morning. During his absence for a week, he has committed the ENQUIRER to the care of a friend.
The following gentlemen have been re-elected to Congress from this state.
Table with 2 columns: Name, Name. Rows include: Thomas Newton jr., John Dawson, John Randolph jr., Alexander Wilson, etc.
Delegates chosen to serve in the next General Assembly.
Table with 2 columns: County, Delegates. Rows include: Loudoun—Burr Powell & *Nowland, County of Norfolk—Wm. King and *Wm. Lindsay, etc.
Those marked thus * are new members.
Martinsburg, April 12.—The Election for Representatives of the County of Jefferson in the General Assembly of Virginia, and for a person to represent the Counties of Berkeley, Jefferson and Hampshire in the Congress of the United States, was held in Charles-Town on Tuesday last. It was not in our power to obtain a correct statement of the poll, but are informed from undoubted authority, that Major Joseph Crane and Daniel Morgan, Esq. are elected to represent Jefferson County in the Assembly of this state, and that Col. Morrow had a majority of fifty votes over Major Stephenson, for Congress.
Norfolk, April 23. Yesterday came on the election of a Representative to the next General Assembly for this Borough, when Messrs. L. W. Tazewell, R. H.
Lee, and N. Boush, appeared as Candidates. After very pertinent and eloquent speeches by the two former Gentlemen, Mr. Boush rose, and observed, "That if the Gentlemen would let him, he would take care, if he done them no good, he would do them no harm!" This pithy address was received with bursts of applause; but, alas! notwithstanding so much candour, the Inconic orator lost his election.—At the final close of the poll, the votes stood thus:
For Mr. Tazewell 222 Mr. Lee 144 Mr. Boush 1
Majority for Mr. Tazewell 79 Herald.
FOR DUBLIN. The ship Cabinet, James Wood-ward, mallet; she has good accommodations, and will sail about the 10th of May. For passage only, apply to the Master on board, to D. Bedinger, Portsmouth, or to Solomon Bedinger, Norfolk. April 25. (cp2w)
JACOB JOHNSON, BOOKSELLER AND STATIONER,
FROM PHILADELPHIA, HAS FOR SALE, a few doors below the Market, and near the Street leading to Court's Ferry, A variety of BOOKS & STATIONARY, viz.
Table with 2 columns: Title, Price/Notes. Rows include: Anacharsi's Travels in Greece, Milton, 4 vols. with plates, Pope, 5 do. Aken-side, 2 do. Armstrong and Green, etc.
STATIONARY.
Table with 2 columns: Item, Price/Notes. Rows include: Wove and plain folio post paper, dozen or single, Ready made Ink, Ink-powder and Quills, Sand and Sand-Boxes, Oval and fluted fountain pens, etc.
A FAMILY TOUR through the BRITISH EMPIRE; containing some account of its natural and artificial curiosities, history and antiquities, interspersed with biographical anecdotes, particularly adapted to the amusement and instruction of youth, by Priscilla Wakefield.
With a variety of other articles too tedious to mention, and a general assortment of CHILDREN'S BOOKS.
Country merchants and others supplied on the lowest terms. * Cabs given for clean Linen and Cotton RAGS. April 26.
FIFTEEN DOLLARS REWARD.
RANAWAY from the subscriber, the night of the 23d instant, two negro men, to wit: DAVID, a dark mulatto man, about 30 years of age, five feet six or seven inches high, has lost two teeth below before, which causes him to not speak plain; he has a bushy head of hair, some scars in his face, a very pleasing countenance, and thin visage; his clothing are but indifferent, but 'tis likely he will change them, rather low-legged, be was committed to Chesterfield county jail on the 1st of November last, and agreeable to law he was hired out; he said that he belong'd to a Mr. Johnson, that lived in North Carolina, & he bought him at Richmond; he made his escape from him in Amelia County, and was on his way back down the country, where he was raised. I will give ten dollars for him delivered to me, or secured in any jail, (besides what the law allows) and information given me of the same.
The other is named GABRIEL a black man about 26 years of age, five feet 9 or 10 inches high, has some scars in his face, he flutters a little, very pleasing countenance, his finger on his right hand has been cut length away of the finger, which causes it to be rather awkward the middle finger and his eye above on his right foot has been hurt so as to make it about half an inch shorter than the other; this fellow was very well dressed; he was raised about 25 miles below Richmond. I will give five dollars reward for him delivered to me, or secured in any jail, and information given me of the same, besides what the law allows.
VALENTINE WINFREE, Jr.
Chesterfield Courthouse, April 22. (cp2w)
VIRGINIA. At a Superior Court of Chancery held at the Capitol in the city of Richmond, the sixth day of March, one thousand eight hundred and five—
Between John Street, Plaintiff.
And Archibald Gracie, Daniel Anderson & William Twitty, Defendants.
THE defendant Archibald Gracie, having entered his appearance and given security according to the act of Assembly, and the rules of court, that he is not an inhabitant of this country; on the motion of the plaintiff, by counsel, it is ordered that the said defendant do appear here on the first day of the next September term, and answer the bill of the plaintiff; and that a copy of this order be forthwith inserted in some news-paper published in the city of Richmond for two months successively, and posted at the front door of the capital in the said city.
A Copy, True, P. TINSLEY, C. C.
April 25. 1805. R.

SIR WILLIAM JONES.
Memoirs of this great and good man have been lately published in this city, written by a gentleman who had better opportunities than he has made use of, and who, if he had written in other times and under different circumstances, would (or at least ought) as he was capable, have done more justice to one of the most distinguished and modest men of the last century. His memoirs by Lord Teignmouth (since Mr. John Shore, and afterwards Sir John Shore) are nevertheless interesting; though the caution with which his political principles are treated of, merits the commendation of thinking men. In the collection of Sir Wm. Jones's works which we have seen, we have looked in vain for one of his productions, which gave spring to his celebrity, which tended to draw his more splendid literary talents into the glare of national observation, which alarmed the government of England, enlightened the hopes of the friends of liberty, and at length under the names of honor and promotion sent him into a species of exile, in a soil where liberty has no existence, and where his great talents were from necessity directed to the unfolding of Asiatic antiquities, instead of enlightening the world and promoting the emancipation of mankind from the errors and ills of institutions established in barbarous ages.
The paper we alluded to, we here subjoin—it is the celebrated DIALOGUE between a Scholar and a Peasant , for which after Sir W. Jones had been promoted to a seat on the bench of justice, his brother in law the Dean of St. Asaph (Dr. Shipley) was prosecuted for a libel, and on which prosecution the celebrated Ebenezer first conspicuously distinguished himself as an orator on the side of the people, and to which also his subsequent celebrity is in some measure to be attributed.
The Principles of Government; in a Dialogue between a Scholar and a Peasant.
PEASANT. Why should humble men, like me, sign or set marks to petitions of this nature? It is better for us peasants to mind our husbandry, and leave what we cannot comprehend to the king and parliament.
SCHOLAR. You can comprehend more than you imagine; and, as a free member of a free state , have higher things to mind than you may conceive.
P. If by free you mean out of prison , I hope to continue so, as long as I can pay my rent to the 'quire's bailiff; but what is meant by a free state ?
S. Tell me first what is meant by a club in a village, of which I know you to be a member.
P. It is an assembly of men, who meet after work every Saturday to be merry and happy for a few hours in the week.
S. Have you no other object but mirth?
P. Yes; we have a box, into which we contribute equally from our monthly or weekly savings, and out of which any members of the club are to be relieved in sickness or poverty; for the parish officers are so cruel and insolent, that it were better to starve than apply to them for relief.
S. Did they, or the 'quire , or the parson, or altogether, compel you to form this society?
P. Oh! no—we could not be compelled—we formed it by our own choice.
S. You did right—but have you not some head or president of your club?
P. The master for each night is chosen by all the company present the week before.
S. Does he make laws to bind you in case of ill temper or misbehaviour?
P. He make laws! he bind us! No; we have all agreed to a set of equal rules, which are signed by every new comer, and were written in a flange hand by young Spelman , the lawyer's clerk, whose uncle is a member.
S. What should you do, if any one member were to insist on becoming perpetual master , and on altering your rules at his arbitrary will and pleasure ?
P. We should expel him.
S. What if he were to bring a serjeant's guard , when the militia are quartered in your neighbourhood, and insist upon your obeying him?
P. We should resist, if we could; if not, the society would be broken up.
S. Suppose that, with his serjeant's guard , he were to take the money out of the box or out of your pockets?
P. Would not that be a robbery?
S. I am seeking information from you—how should you act on such an occasion?
P. We should submit, perhaps, at the time; but should afterwards try to apprehend the robbers.
S. What if you could not apprehend them? We might kill them, I should think; and if the king would not pardon us, God would.
S. How could you either apprehend them, or if they resisted, kill them, without a sufficient force in your own hands?
P. Oh! we are all good players at single stick, and each of us has a stout cudgel or quarter staff in the corner of his room.
S. Suppose, that a few of the club were to domineer over the rest, and insist upon making laws for them—
P. We must take the same course, except that it would be easier to restrain one man than a number; but we should be the majority with justice on our side.
S. A word or two on another head. Some of you, I presume, are no great accountants.
P. Few of us understand accounts; but we trust old Lilly , the schoolmaster, whom we believe to be an honest man, and he keeps the key of our box.
S. If your money should in time amount to a large sum, it might not perhaps be safe, to keep it at his house, or in any private house.
P. Where else should we keep it?
S. You might choose to put it into the funds, or to lend it to the 'quire , who has lost so much lately at Newmarket , taking his bond or some of his felds as your security for the payment with interest.
P. We must in that case confide in young Spelman , who will soon set up for himself; & if a lawyer can be honest, will be an honest lawyer.
S. What power do you give to Lilly , or should you give to Spelman , in the case supposed?
P. No power. We should give them both a due allowance for their trouble, and should expect a faithful account of all they had done for us.
S. Honest men may change their nature. What if both or either of them were to deceive you?
P. We should remove them, put our trust in better men, and try to repair our loss.
S. Did it never occur to you, that every state or nation was only a great club ?
P. Nothing ever occurred to me on the subject; for I never thought about it.
S. Though you never thought on the subject, yet you may be able to tell me, why suppose men to have assembled, and to have formed nations, communities or states, which all mean the same thing?
P. In order, I should imagine, to be as happy as they can while they live.
S. By happy do you mean merry only?
P. To be as merry as they can without hurting themselves or their neighbours, but chiefly to secure themselves from danger, and to retain their wants.
S. Do you believe, that any king or emperor compelled them to associate?
P. How could one man compel a multitude? A king or an emperor, I presume is not born with an hundred hands.
S. When a prince of the blood shall in any country be so distinguished by nature, I shall then, and then only, conceive him to be a greater man than you.
P. But might not an army, with a king or general at their head have compelled them to assemble?
S. Yes; but the army must have been formed by their own choice. One man or a few can never govern many without their consent.
S. Suppose, however, that a multitude of men, assembled in a town or city, were to choose a king or governor, might they not give him power or authority?
P. To be sure; but they never would be so mad, I hope, as to give him a power of making their laws.
S. Who else should make them?
P. The whole nation or people.
S. What if they disagreed?
P. The opinion of the greater number, as in our village clubs, must be taken and prevail.
S. What could be done, if the society were so large, that all could not meet in the same place?
P. A greater number must choose a less.
S. Who should be the chusers?
P. All, who are not upon the parish . In our club, if a man ask relief of the overseer, he ceases to be one of us; because he must depend on the overseer.
S. Could not a few men, one in seven, for instance, choose the assembly of law makers, as well as a larger number?
P. As conveniently, perhaps; but I would not suffer any man to choose another, who was to make laws, by which my money or my life might be taken from me.
S. Have you a freehold in any county of forty shillings a year?
P. I have nothing in the world but my cattle, implements of husbandry, and household goods, together with my farm, for which I pay a fixed rent to the 'quire .
S. Have you a vote in any city or borough?
P. I have no vote at all? But am able by honest labour to support my wife and four children; and, whilst I act honestly, I may defy the laws.
S. Can you be so ignorant, that parliament, to which members are sent by this country, and by the next market-town, have power to make new laws, by which you and your family may be stripped of your goods, thrown into prison and even deprived of life?
P. A dreadful power! I never made inquiries, having business of my own, concerning the business of parliament; but imagined, that the laws had been fixed for many hundred years.
S. The common laws, to which you refer, are equal, just, and humane; but the king and parliament may alter them when they please.
P. The king ought therefore to be a good man, and the parliament to consist of men equally good.
S. The king alone can do no harm; but who must judge the goodness of parliament?
P. All those whose property, freedom, and lives may be affected by their laws.
S. Yet six men in seven, who inhabit this kingdom, have, like you, no votes; and the petition, which I desired you to sign, has nothing for its object, but the restoration of you all to the right of choosing those law makers, by whom your money or your lives may be taken from you.
P. Attend, while I read it distinctly.
S. Give me your pen—I never wrote my name, ill as it may be written, with greater eagerness.
P. I applaud you, and trust, that your example will be followed by millions. Another word before we part. Recollect your opinion about your club in the village, and tell what ought to be the consequence, if the king alone were to insist on making laws, or in altering them at his will and pleasure.
P. He too must be expelled.
S. Oh! but think of his standing army, and of the militia, which now are his in substance, though ours in form.
P. If he were to employ that force against the nation, they would and ought to resist him, or the state would cease to be a state.
S. What if the great accountants and great lawyers, the Lillys and Spelmans of the nation, were to abuse their trust, and cruelly injure, instead of faithfully serving, the public?
P. We must request the king to remove them, and make trial of others; but none should implicitly be trusted.
S. But what if a few great lords, or wealthy men, were to keep the king himself in subjection, yet exert his force, lavish his treasure, and misuse his name, so as to domineer over the people and manage the parliament?
P. We must fight for the king and for ourselves.
S. You talk of fighting, as if you were speaking of some rustic engagement at a wake; but your quarter staffs would avail you little against bayonets.
P. We must easily provide ourselves with better arms.
S. Not so easily; when the moment of resistance came, you would be deprived of all arms; and those who should furnish you with them, or exhort you to take them up, would be called traitors, and probably put to death.
P. We ought always, therefore, to be ready; and keep each of us a strong firelock in the corner of his bed room.
S. That would be legal as well as rational. Are you, my honest friend provided with a musket?
P. I will contribute no more to the club, and purchase a firelock with my savings.
S. It is not necessary—I have two, and will make you a present of one with complete accoutrements.
P. I accept it thankfully, and will converse with you at our leisure on other subjects of this kind.
S. In the mean time, spend an hour every morning for the next fortnight in learning to prime and load expeditiously, and to fire and charge with bayonet firmly and regularly. I say every morning; because, if you exercise too late in the evening, you may fall into some of the legal snares, which have been spread for you by those legal gentlemen, who would rather secure game for their table, than liberty for the nation.
P. Some of my neighbours, who have served in the militia, will readily teach me; and perhaps, the whole village may be persuaded to procure arms, and to learn their exercise.
S. It cannot be expected, that villagers should purchase arms, but they might easily be supplied; if the gentry of the nation would spare a little from their vices and luxury.
P. May they return to some sense of honour and virtue.
S. Farewell at present; and remember—"that a free state is only a more numerous and a more powerful club, and that he only is a free man, who is a member of such a state."
P. Good morning! You have made me wiser and better than I was yesterday; and yet, methinks, I had some knowledge in my own method of this great subject, and have been a politician all my life without perceiving it.
VALUABLE PROPERTY.
The subscriber desires to state his business in this place as soon as possible, in order to offer for sale, the following valuable property, viz.
A CONVENIENT two story dwelling house, 24 feet square, having one room and a passage on the lower floor, two rooms on the second floor, and two good rooms in the garret, a cellar with plank floor, and divided into three apartments, one used for cooking; the yard inclosed with a brick wall seven feet high, the whole in good repair. This tenement is situated near the Bell-Tavern, on the cross street leading to the Rock landing, and is insured in the Mutual Insurance company, against fire in the state of Virginia, and the premiums paid.
Eleven unimproved half acre Lots, on Shockoe-Hill, 600 acres Military land in Kanawha county, on the waters of Oldtown creek, branch of Ohio river, being a grant made to George Mufe, Adam Stevens, Andrew Lewis and others, in the year 1772.
25 tracts of Land in Montgomery county, containing 32,172 1/2 acres, the whole patented in my name viz.
4000 acres surveyed 3d April, 1786 in Montgomery county, on Cole river.
2080 acres surveyed 24th July, 1786 in same county, on 16 mile creek, adjoining the late General Washington's survey on Kanawha river.
3062 1/2 acres surveyed 23d July, 1786, in same county, on Loop waters, waters of New-river.
1000 acres surveyed 13th May, 1786 in same county, on the Ohio river.
2210 acres surveyed 5th April, 1786 in same county, south of a creek running into Cole river.
2138 acres surveyed 21st February, 1787 in same county, on Cole river.
320 acres surveyed 3d February, 1787 in same county, on the waters of Cooper's creek and Little Blue floue.
1200 acres surveyed 16th Feb. 1787 in same county, on the head waters of the fourth fork of Cole river, that heads against Guyandott.
95 acres surveyed 10th Feb. 1787 in same county, on the head waters of Glade creek.
78 acres surveyed 8th Feb. 1787 in same county, on a branch emptying into Glade creek on the fourth side of the fame, and about one mile above the ford of said creek.
500 acres surveyed 10th Feb. 1787 in same county, on the north fork of Mud river, that heads against Guyandott.
1500 acres surveyed 12th May, 1786 in same county, on Ohio river.
2000 acres surveyed 8th May, 1786 in same county, on the great Kanawha.
1000 acres surveyed 16th May, 1786 in same county and on ditto.
265 acres surveyed 8th Feb. 1787 in same county, on the head of Glade creek.
214 acres surveyed 7th Feb. 1787 in same county, on the waters of Glade creek, on the fourth side thereof.
132 acres surveyed 6th Feb. 1787 in same county, on the west end of Joe's Ridge, and on the waters of Glade creek.
154 acres surveyed 6th Feb. 1787 in same county on Joe's ridge.
228 acres surveyed 6th Feb. 1787 in same county, on Joe's ridge, and the waters of Glade and Cooper's creek.
414 acres surveyed 22d Feb. 1787 in same county, on the second fork of Cole River, on the road crossing from Piney river to Guyandott.
2000 acres surveyed 26th Feb. 1787 in same county, under the big pipe stem knob, and running down both sides of the creek.
416 acres surveyed 4th Feb. 1787 in same county, on the waters of Coopers creek, and Joe's ridge.
580 acres surveyed 3d Feb. 1787 in same county, on the head waters of Cooper's creek.
5638 acres surveyed 20th Feb. 1787 in same county, on the fourth fork of Cole river.
1345 acres surveyed 2d Feb. 1787 in same county, on the head waters of little Blue floue, about half a mile north from the White Oak creek.
Three tracts of land in Monongalia county, patented in my name, viz.
350 acres by survey 1st June, 1796 in Monongalia county, adjoining Matthew Richey's land, and the Randolph county line, on waters of Cheat river.
400 acres surveyed 20th October, 1797 in same county, adjoining lands of Abner Harper, above the mouth of White Day creek.
400 acres surveyed 15th Nov. 1797 in same county, adjoining Peter Drago, on Finche's run, to include an improvement made in the year 1773.
1000 acres in same county, on the west of Cheat river, above the lands of Thos. Butler.
800 acres in same county, on Buffalo creek, on a pre-emption right of David Gray.
260 acres in Greenbrier county, on Little Deer creek, adjoining lands of Joseph McClung.
891 acres in Montgomery county, surveyed 1st August, 1787, on the waters of Piney river & Paint creek, waters of Kanawha river.
485 acres in Montgomery county, surveyed 30th June 1786, joining the lands of Joseph Eaton, Richard Mufe, and James McCordle.
290 acres in Wythe county, surveyed 4th Nov. 1795, on the Led Mine Mill creek.
180 acres in Albemarle county, patent dated 5th July, 1787, on William Hill creek, waters of Buck Island creek.
One undivided moiety of five lots, in the town of Winchester, No's. 89, 90, 100, 101, and 109.
The above will be sold very low, and the terms made known on application to Wm. AUSTIN. Richmond, April 9.—(tf)
TO BE SOLD.
PURSUANT to a Deed of Trust, executed to me by the late Henry Randolph, Esq. to secure the payment of certain sums of money in the said deed, acknowledged to be due from him to Lyle and McCredie, merchants—a parcel of land situated in the county of Chesterfield, within the distance of four miles from Manchester, and estimated to contain about three hundred and fifteen acres. This land, commonly known by the name of Scott's tract, or the Camp tract, will be set up for sale to the highest bidder, on Wednesday the first of May next, between the hours of eleven A.M. and two P.M. at Zachariah Brooks's Tavern in Manchester, on the following terms, viz.—One third of the purchase money to be paid down, one third in six months, and the remaining third in twelve months from the day of sale. Bond and security will be required for the unpaid balance of the credit instalments, on which payment being made, a proper conveyance will be executed by JOHN HEVENINGHAM. Chesterfield, March 28.—(epts).
The sale of the land above advertised, is delayed until Saturday the 4th of May. J. H. April 24.
LAND FOR SALE.
A TRACT of about 850 acres, lying on James River, adjoining the town of Lynchburg; one hundred and forty of which is low ground, and said to be of the first quality; a considerable proportion of the high ground lies well, and well adapted to the culture of tobacco and grain. It has an excellent shad and rock fishery on it; a small apple orchard, a good dwelling house and convenient out-houses; a mill seat, supposed to be superior to any in that part of the country—the mill house would let within thirty-six poles of the river, on navigable water. Likely negroes would be received in part pay, and a generous price allowed for one or two blacksmiths that are under 36 years of age, and good workmen. For further particulars, apply to the subscriber, on the premises, or Mr. William Brown, merchant, in Lynchburg. LEWELLEN JONES. March 1. (epts)
JUST RECEIVED,
AND FOR SALE BY THE SUBSCRIBER, FOUR hundred pieces House Paper, Philadelphia Beer by the barrel, a small quantity of first quality New-England Cheese; also 400 barrels Corn. EDWARD HALLAM. April 6.—(1aw12m)
TO THE PUBLIC.
The Lynchburg Star.
A NEWS-PAPER to be thus designated is contemplated.—If at all, or how long it shall retain this appellation, must depend principally upon public patronage, and in part upon the ability, industry, and success of management.
The instruction of youth excepted, there is not in human society a station more important than that of the Editor of a Newspaper:—But to invest him fully with the weight, influence and importance that the station demands, the Editor must be possessed of extensive information, just discernment, much liberality, and a nice discrimination of character and circumstances.
Of the magnitude and importance of the undertaking, we are well aware. We fully knew the force of caprice—the inanity of professions—the inability of friendship—and how variable is public opinion:—but we are well know that, mankind, if entertained, instructed, and even chastened occasionally, will liberally requite the virtuous effort.
Our country is yet young, and the people thirst for knowledge. As they are independent, it would be malignant to insinuate that they are unwilling to pay for information.
A judiciously conducted news-paper possesses numerous advantages over books, and systems. By its brevity, and the variety and interest of its matter, it allows to perusal, while the size of a book deters inspection.
Elegant variety must ever delight.
The LYNCHBURG STAR shall possess a character.—The investigation of truth; the freedom and support of opinion by argument and temperate discussion; the maintenance of equal right; and the true old cause of democracy, shall be among the objects to which the columns of the STAR shall be occasionally devoted.
Improvements in agriculture and commerce, the sciences and the arts, inventions and discoveries, and such communications as may tend to ameliorate the lot of humanity, shall meet with early and respectful notice.
Public measures, men, morals, and manners, shall here find impartial representation and commentary.
While freedom of opinion will be claimed and cherished in its fullest extent, party zeal, and intemperate recrimination shall be sedulously shunned.
On occasions similar to the present, we