Virginia Argus (Richmond, Va.), 1807-10-30 00:00:00

VIRGINIA ARGUS.
[XVII YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1402.]
RICHMOND:—PRINTED (ON TUESDAYS AND FRIDAYS) BY SAMUEL PLEASANTS, JUNIOR, PAINTER TO THE COMMONWEALTH.
[Four Dollars Per Annum—paid in Advance.]
FRIDAY, OCTOBER 30, 1807.
12 1-2 Cents Single.
Circuit Court.
MOTION FOR COMMITMENT.
TUESDAY, October 29.
Conclusive OPINION of the Chief Justice Marshall, on the motion for commitment.
(Concluded.)
To prove this intention, the prosecutor for the United States offered evidence of conversations held by the accused or some of them, with various individuals at different times, relative to the views which were entertained and the plans which had been formed; and of certain facts which took place after leaving the mouth of Cumberland. For although it was decided not to be within the power of this court to commit for trial in a territory of the United States, yet every transaction within a territory has been given in evidence in the expectation, that such testimony might serve to explain the meeting at the mouth of Cumberland, and because it was believed to be proper for an examining magistrate to receive it.
The conversations or actions at a different time and place might be given in evidence as corroborative of the overt act of levying war, after that had been proved in such a manner as to be left to a jury, I never doubted for an instant. But that in a case where the intent could not be inferred from the fact, and was not proved by declarations connected with the fact, among which I should include the terms under which those who composed the assembly were convened together, this defect could be entirely supplied by extrinsic testimony, not applying the intent conclusively to the particular fact, is a point, on which I have entertained doubts which are not yet entirely removed. The opinion of Judge Iredell in the case of Fries, according to my understanding of it when read at the bar, appears to bear strongly on this point, and that opinion would be conclusive with me, at least while acting as an examining magistrate. I have not reviewed it particularly, because my decision will not depend on the propriety of admitting this mode of proving the intent.
It has also been made a question, whether after proving a connection between the accused for some general object, the conversations of one of them may be given in evidence against any other than himself for the purpose of proving what that object was. On the part of the U.S. it is insisted, that such conversation may be given in evidence on an indictment for treason in levying of war. By the defence it is contended, that such evidence is only admissible on indictments for a conspiracy, or on indictments where a conspiracy may be laid as an overt act.
The principle that one man shall not be criminated by the declarations of another, not assented to by him, nor made in due course of law, constitutes a rule of evidence, which ought not unreasonably to be invaded. It is one of those principles on which I do not think myself required to decide, because I am not sure that its decision however interesting it might be on a trial in chief, would essentially affect the question of commitment, nor am I confident that its decision as argued on the part of the U.S. to introduce the testimony it was designed would to introduce. In the English books generally the position that the declarations of a person not on trial, may be given in evidence against a man proved to have been connected with him, is laid down only in cases of conspiracy, where the crime is completed without any other overt act. The position is certainly not laid down with respect to such cases, in terms which exclude its application to others, but it is not laid down in general terms, and is affirmed to apply to those particular cases, without being affirmed to apply to others. From this general observation relative to the English books, East is to be excepted. He states the proposition generally. Yet it may well be doubted, whether this general statement was no with a view to the law in that treason, which, in England, almost swallows up every other.
But admitting the law to be the same in treason by levying war, as in cases of conspiracy, how far does it extend?
The doctrine on this subject was reviewed in the cases of Hardy and Tooke. On the part of the crown, a letter of Thelwall containing seditious songs composed by himself and sung in the society, was offered as evidence against Hardy, who was connected with Thelwall. This testimony was rejected because it was in no part of the transaction itself, but an account of that transaction given by Thelwall to a person not engaged in the conspiracy. The court was divided, three for rejecting and two for admitting the evidence.
A letter addressed by one conspirator to another, but not proved to have been received, was then offered and admitted against the opinion of the chief Justice, who thought that such a letter did not amount to an act done which might be evidence, but only to a relation of that act which could not be evidence. He was overruled because a letter from one conspirator to another on the conspiracy, was a complete act in that conspiracy.
The next paper offered, was a letter from a society in the conspiracy, which was found in the possession of one of the conspirators, and this was unanimously admitted.
The principle which appears to be established by these decisions, is, that a letter from one conspirator to another on the subject of the conspiracy, is evidence against himself. How far a conversation held with a stranger for the purpose of bringing him into the plot, may be considered as a transaction, and therefore, testimony to show the general conspiracy, does not appear from these decisions.
This species of evidence is received to show the general object of the conspiracy, but can affect no individual further than his assent to that object can be proved by such testimony as is admissible in ordinary cases.
I notice this point for the purpose of observing, that I do not decide it on the present motion.
The first question which arises on the evidence, is,
With what objects did those men converse who assembled at the mouth of Cumberland?
Was it to separate the Western from the Eastern states by seizing and holding New-Orleans?
Was it to carry on an expedition against Mexico, making the embarkation at New-Orleans?
Was this expedition to depend on a war with Spain?
The conversation held by col. Burr with Commodore Decatur, stated his object to be an expedition against Mexico, which would be undertaken, as the Commodore understood, with the approbation of government in the event of war.
To general Eaton, he unfolded in various conversations plans for invading Mexico and also for severing the Western from the Atlantic States.
To Commodore Truxton he spoke of the invasion and conquest of Mexico in the event of a war, as a plan which he had digested in concert with general Wilkinson, and into which he was extremely desirous to draw the Commodore. A circumstance is narrated by this witness which has been noticed by the counsel for the U.S. States, and deserves consideration. It is the declaration of colonel Burr that he was about to dispatch two couriers with letters to general Wilkinson relative to the expedition.
It was at this time that Messrs. Bollman and Swartwout are said to have left Philadelphia, carrying each a copy of the cyphered letter which has constituted so important a document in the various motions that have been made on this occasion. This letter, though expressed in terms of some ambiguity, has been understood by the supreme court and is understood by me to relate to a military expedition against the territories of a foreign Prince. In this sense, the testimony of col. Burr on the part of the U.S. States, shows it to have been also understood by Bollman, by Swartwout, and by general Wilkinson. The inference is very strong, that this letter is the same to which colonel Burr alluded in his conversation with Commodore Truxton, and strengthens the idea that the accused gave to that gentleman a true statement of the real object so far at least as relates to the point against which his preparations were to be directed. All the conversations relative to an expedition by sea would be equally applicable to any attempt on the territories of the United States, and to the settlement of lands.
His conversations with the Messrs. Morgans certainly indicate that his mind was strongly directed to military objects, that he was not friendly to the present administration, and that he contemplated a separation of the union as an event which would take place at no very distant day.
His conversation with lieutenant Jackson points in express terms to hostility against Spain.
The conversations of Mr. Blennerhassett, evince dispositions unfriendly to the union and his writings are obviously intended to disaffect the western people and to excite in their bosoms strong prejudices against their Atlantic brethren. That the object of these writings was to prepare the western states for a dismemberment is apparent on the face of them, and was frequently avowed by himself. In a conversation with the Messrs. Hendersons, which derives additional importance from the solemnity with which his communications were made, he laid open a plan for dismembering the union under the auspices of Mr. Burr. To others at subsequent times he spoke of the invasion of Mexico as the particular object to which the preparations then making were directed. In all those whom he sought to engage in the expedition, the idea was excited that though the Ouachita was its avowed object, it covered something more splendid, and the allusions to Mexico when not directed were scarcely to be misunderstood.
The language of Comfort Tyler also tends to prove that the enterprise was designed against Mexico.
The communications made to general Wilkinson deserve much consideration in marking the real intention of the parties, because it is obvious that colonel Burr, whether with or without reason, calculated on his co-operation with the army which he commanded, and that on this co-operation the execution of his plan greatly, if not absolutely depended. To general Wilkinson, both the cyphered letter and the explanations made by Bollman and Swartwout, declared the expedition to be military and to be intended against Mexico.
I do not think the authenticity of this letter can be questioned. When to the circumstances enumerated by the counsel on the part of the United States, are added the testimony of Mr. Swartwout, and its being written in a cypher previously established between general Wilkinson and col. Burr, I think it sufficiently proved at least for the present, although not in the hand writing of the person to whom it is ascribed.
The conversation stated by general Wilkinson as passing between Mr. Swartwout and himself, so far as it is contradicted by that gentleman, cannot affect Mr. Burr for this plain reason; the person alleged to have made those declarations avers not only that he never made them, but that he was never authorized to make them; that he never heard from Mr. Burr any statement indicating designs against any part of the United States, and never even suspected him of such designs. If then general Wilkinson be correct, I must consider the observations he narrates, as the conjecture of Mr. Swartwout, not authorised by Mr. Burr.
It is also a circumstance of some weight, that Mr. Burr's declarations at the mouth of Cumberland, furnish strong reasons for the opinion, that he did not wish those to whom he addressed himself to consider the Ouachita as his real ultimate object, and the reference to further information from their particular leaders would naturally induce the expectation, that without any open avowal their minds would be gradually conducted to the point to which their assent was to be obtained. We find there were rumors among them of attacking Baton Rouge, of attacking other parts of the Spanish dominions, but not a suggestion was heard of hostility against the United States.
On comparing the testimony adduced by the United States with itself, this is observable. That which relates to treason indicates the general design, while that which relates to the misdemeanor points to the particular expedition which was actually commenced. Weighing the whole of this testimony, it appears to me to preponderate in favor of the opinion, that the enterprise was really designed against Mexico.
But there is strong reason to suppose that the embarkation was to be made at New Orleans, and this it is said could not take place without subverting for a time the government of the territory, which, it is alleged, would be treason. The supreme court has said that to revolutionize a territory by force, although merely as a step to or a means of executing some greater project, is treason. But an embarkation of troops against a foreign country may be made without revolutionizing the government of the place, and without subverting the legitimate authority. It is true that violence might probably result from such an attempt and treason might be the consequence of its execution; but this treason would arise incidentally and would not be the direct object for which the men originally assembled. This treason would attach to those who committed it, but would not, I am inclined to think, infect a previous assembly convened for a distinct purpose. If the object of the assembly at the mouth of Cumberland was to embark at New Orleans for the purpose of invading Mexico, the law relative to that assembly would be essentially different from what it might be if their direct object was to subvert the government of N. Orleans by force. If in prosecuting their purpose at New Orleans war should be levied, this would be treason at New Orleans when the fact was committed, but it could not I think be said to be treason by levying war at the mouth of Cumberland where the fact was neither committed nor intended. It might be otherwise, if at the mouth of Cumberland, the determination to subvert the government of a territory by force, had been formed.
This opinion may be in some degree illustrated by the doctrine of the English books. Levying of war is an overt act of compassing the king's death. So is a conspiracy to levy war, provided the conspiracy be direct against the king or his government. But if it be a conspiracy to do an act of constructive treason, which act, if done, would support an indictment for compassing the king's death, the conspiracy without the act will not support the indictment. So in this case if the object be the embarkation of a body of men against a foreign country, in the execution of which war may or may not be levied, the fact becomes necessary to constitute the treason.
It is also a circumstance of considerable weight with me, that the proof exhibited by the United States to establish a general design to dismember the union, applies only to col. Burr and Mr. Blennerhassett. It is not proved to have been ever communicated even to Tyler or Floyd. There is not only a failure to prove that such a design was communicated to or entertained by the men who were assembled at the mouth of Cumberland, but the contrary is in full evidence. The U.S. have adduced several witnesses belonging to that assembly who concur in declaring that they heard nothing, that they suspected nothing, and they would have executed nothing hostile to the United States. This testimony cannot be disregarded for it is uncontradicted and is offered by the prosecution. How then can this assembly be said to have levied war against the U.S. States?
Had Burr and Blennerhassett constituted this meeting, no man could have construed it into an act of levying war, whatever might have been their purpose. Their being joined by others having no hostile intentions against the United States, who were attached to them with other views, and who would not permit themselves to be employed in the execution of such intentions, does not seem to me to alter the case.
The reason why men in a posture of war may be said to levy war before a blow is struck, is, that they are ready to strike & war consists in the various movements of a military force, as war is in actual fighting. But these men were not ready nor willing to strike, nor could their chief be ready to
strike without them. He had yet to prevail upon them to come into his measures. This is not a meeting for the purpose of executing a formed design, but a meeting for the purpose of forming a design. It is therefore more in the nature of conspiracy than of actual war.
Suppose Mr. Burr had at the mouth of Cumberland declared his object to be to seize upon New Orleans and dismember the Union; and that upon this declaration, his men had universally abandoned him, could this have been denominated an act of levying war? If we forget the constitution and laws of our country, & we suppose treason, like moral guilt, to consist in the intention, and that it may be legally evidenced by words declaring that intention, the answer to this question may be in the affirmative; but if it can consist only in an overt act of levying war, I confess myself unable to perceive how such a proposition can be construed into such a deed.
The case does not appear to me to be essentially varied by the circumstance, that this design was not avowed, & that the men followed col. Burr with other views. Upon general principles it appears to me, that unless some act be committed from which a treasonable intent may be inferred, that the treasonable intent must be proved in the assembly, where that assembly is composed of free agents, as well as in the person who convenes them, before the law considers war as being actually levied.
This opinion is supposed to be contrary to the decision in the case of the Earl of Essex & Southampton. I have examined that case as reported in the state trials, and do not think it in any respect contradictory to the ideas I have delivered.
The design of the Earl of Essex was to force his way into the palace and to remove certain counsellors from the Queen who were his enemies, but he intended no hurt to the person of the Queen. For the purpose of executing this design, he assembled a large body of armed men at his own house who continued embodied after being ordered by the proper authority to disperse, and he also entered the city of London for the purpose of raising the citizens in order to further aid him in the execution of his plan. Several consultations had been previously held, at which the Earl of Southampton assisted, and it is not alleged in the case that he was not fully informed of these projects. He believed that no design was entertained against the person of the Queen and therefore that his acts were not treasonable; but in the law he was mistaken. In fact no particular design against her person was entertained, and Essex as little suspected as Southampton that they were committing treason. They were ignorant that the law pronounced those facts to be treason, but they were neither ignorant of the facts themselves nor of the real intention with which those facts were committed.
In this case, the judges delivered their opinion of the law on two points. The one that in case where a subject attempted to put himself into such strength as the King shall not be able to resist him, and to force and compel the King to govern otherwise than according to his own royal authority and direction, it is manifest rebellion. The other, that in every rebellion the law intendeth as a consequence the compassing the death and deprivation of the King, as foreseeing that the rebel will never suffer that King to live or reign who might punish or take revenge of his treason or rebellion.
Under this law opinion of the Judges, Essex and Southampton were condemned and executed. The only difference between them was that the quarrel was the quarrel of Essex, and Southampton only adhered to him; but he adhered to him knowing what he did and the intention with which he acted.
Believing then the weight of testimony to be in favor of the opinion that the real and direct object of the expedition was Mexico, and inclining also to the opinion that in law either acts of hostility and resistance to the government, or a hostile intention in the body assembled, is necessary to convert a meeting of men with ordinary appearances into an act of levying war, it would in my judgment be improper in me to commit the accused on the charge of treason.
In is contended that they are not guilty of a misdemeanor, on one of these grounds: Either the U.S. States were actually at war with Spain, or the expedition dependent on war, and, in the event of peace, was to be converted into a settlement on the Ouachita.
It is alleged that we were at war with Spain, because a Spanish army had crossed the Sabine and entered the territory of the U.S. States.
That a war may be put into a state of affairs by the unprovoked aggression of others without any act of its own, is a proposition which I am not disposed to controvert, but I cannot concede this to be such an act. The claim to be claimed by the U.S. States on their recent purchase of Louisiana are contested by Spain. Now if either nation takes possession of the contested territory as its own, it is an act which the opposite government may elect to consider either as an act of war or otherwise, and only the government can make that election. No citizen is at liberty to make it, or to anticipate his government.
But it is alleged that war if not absolutely made, appeared to be inevitable, and that the prosecution of the expedition depended on its taking place. That the probability of war was great, may be admitted; and this may extenuate the offence, but it still remains an offence which is punishable by law. If the expedition was really eventual, and was not to take place in time of peace, then certainly preparations might be made for it without incurring any penalty; but this is a fact proper for the exclusive consideration of a jury, and I shall make no comment upon it which might influence their judgment.
I shall commit Aaron Burr and Hermon Blennerhassett, for preparing and providing the means for a military expedition against the territories of a foreign Prince, with whom the United States were at peace. If those whose province and duty it is to prosecute offenders against the laws of the U.S. States, shall be of opinion, that a crime of a deeper die has been committed, it is in their choice to act in conformity with that opinion.
Israel Smith is not proved to have provided or prepared any means whatever, and therefore I shall not commit him. If he has really offended against the laws, he may be prosecuted for the treason in Kentucky, or for the misdemeanor in his own state, where, if any where, his offence has been committed.
EVIDENCE—Continued.
SATURDAY, October 3.
CHANDLER LINDSLEY again called.
Col. Burr Do you know whether Dunsbaugh, after his examination, had an opportunity of seeing his deposition? A I recollect sometime in June, he said he could recollect his affidavit given in New-Orleans verbatim. He said he had a copy of it. Sometime afterwards he was in his chamber, and I was passing by or was in the same room with him, and saw him on the bed with a paper in his hand. I asked him if it was a copy of his affidavit; and he said yes. Col. Burr. Did you afterwards see it in his hand? A No.
Mr. Martin. At what time did you see him with that paper? A In the month of June, previous to his examination before the grand jury. Mr. Hay. Where do you reside? A My former residence was in Connecticut. Mr. Hay. Where is it now? A I have no fixed place; but expect to return to Bristol in Connecticut. Mr. Hay. Is that the place of your nativity? A Yes.
Gen. Wilkinson's testimony concluded.
Mr. Martin. You offered an extract of your instructions to lieutenant Pike yesterday. We wish to see them. Gen. Wilkinson. I have now in my hand a complete copy of those instructions. If they are admitted, I wish them to be read. [They were received and deposited with the clerk.] Mr. Martin had asked me yesterday respecting the information which major Bruff had given to general Smith and Mr. Read of the Senate. I have a copy of it. Here it is. [Mr. Martin. We only want to know when it was received? A I do not recollect. It was dated on the 1st of March, 1807, at the city of Washington. Mr. Martin. Then it could have influence on your conduct at New-Orleans. We do not want the paper. See note AA.] Gen. Wilkinson said that this same major Bruff had been summoned here as a witness by col. Burr, to take revenge, as he had alleged, for past injuries. Col. Burr asked whether this was offered as testimony? Gen. Wilkinson. No; I only offer what I can prove. Col. Burr said that if general Wilkinson had any further evidence to give, he would go on with it. But these appeared to be mere conversations, and he did not know whether dictated by passion or not. Gen. Wilkinson, addressing the judge, I stand here in a very complex character. On the one hand, summoned as a witness on the part of the United States; on the other, arraigned as an offender by colonel Burr and his counsel. I therefore hope, that should I commit any impropriety, it will be ascribed to the peculiarity of my situation.
M. Wickham. I asked you if you had had any communications with Timothy Kilby, and whether you had ever made any or positions to him as to the invasion of Mexico. A I cannot charge my recollection. There was a very general idea that hostilities with Spain would certainly take place. It is possible that I might have spoken to him, as an officer of the militia, with respect to the probable force which he could bring into the field in such an event. Mr. Wickham. Have you ever made any confidential communications to him or to any other person on that subject? A I am not conscious that I ever did.
General Wilkinson having been informed that there were no more questions to be propounded to him, addressed the judge as follows: Upon a former occasion you will recollect, sir, that reference has been had to a certain letter of which so much has been said. That letter is designated by the words said to be used in it. "Yours post marked the 15th of May, has been received." Yet that letter has been withheld under the pretext of delicacy; while we have seen it employed in the most artful and insidious manner to injure my reputation and tarnish my fame. Sir, I demand the production of that letter. I hope that a reputation acquired by nearly thirty years of service is not to be flouted from me by the subtlety, artifice or fraud of col. Burr and his counsel. I hope, that on Monday next, you will permit me to introduce a variety of letters and documents explanatory of the insinuations and inuendoes which are calculated to implicate me as an accessory in his plans. A member of the grand jury has been brought forward to state what my evidence was, which is an additional reason why I should be permitted to explain. It was my intention to have commenced my testimony by giving a

regular detail of the proceedings of colonel Burr from his first passage of the mountains, but I have been advised to confine myself to a narration of the occurrences which commenced at Natchitoches. It is now my duty to go back to that period and trace col. Burr step by step.
The Chief Justice said, that the court could not sit to hear any thing except what related to the cause. As to the intention with which general Wilkinson had done any particular act, he had been permitted to explain, in the whole course of his testimony. With respect to what had been drawn from Mr Tazewell, as he understood it, there was no variation between his statement and that of General Wilkinson.
The papers which gen. Wilkinson wished to refer to had as well appear before the public in any other way as thro' the channel of this court.
Mr McRae said he did not know that general Wilkinson had gone so fully into an explanation of the various parts of his evidence as he intended. He had understood the court to say, that general Wilkinson might be permitted to explain himself as to any particular fact mentioned in the course of his testimony. It is the wish of general Wilkinson, on every occasion, to explain the motives which governed him; and if in some points, he has not been so full as he intended, he hoped that the court would still hear him.
Mr Wickham. General Wilkinson must necessarily stand in a very delicate situation. Very heavy charges are brought against colonel Burr, which are attempted to be established by the testimony of general Wilkinson. It must have been foreseen that the counsel of colonel Burr, if they did their duty, would endeavor to impeach the credibility of general Wilkinson as a witness. But this is a common case. It is a thing which may happen in the case of every witness who is brought before the court. A witness is brought forward on whose testimony much reliance is placed. He is, of course, cross-examined to see whether he be consistent with himself; or whether his credibility can be impeached. In the present case, I am certain that general Wilkinson has been treated with every degree of delicacy which the nature of the case would admit of. With respect to myself, I am conscious of having done nothing but what my duty dictated; and of having used as much delicacy towards general Wilkinson, as his relation would justify. We do not see the necessity or propriety of general Wilkinson's entering into explanations. If these are to be made, they had better be reserved for some other time, and some other place.
Col. Burr. Gen. Wilkinson has been sworn to tell the truth, the whole truth and nothing but the truth. If he has not told the truth, let him do it now; and not by his explanations, interrupt the examination of other witnesses.
Gen. Wilkinson. I have received, and have now in my possession a number of letters from colonel Burr of an ambiguous nature, combining matters personal with matters political; but they contained nothing which would subject him to legal penalty or legal obstruction. I have before observed, that under the circumstances in which these letters were received, I did not feel myself at liberty to divulge their contents without the permission of colonel Burr. I now ask that permission, for I feel that delicacy which others profess to feel. The letter post marked the 13th of May has often been mentioned, and has been used to injure my character, and envenom it in doubts and suspicions. This letter, if written at all, must have been in answer to one received from colonel Burr. Why has it not been produced? I challenge its production: for if it were brought forward, it would release me from all obligation to silence; and would enable me to exhibit to public view, the letters of col. Burr. Sir, I am incapable of uttering an intentional falsehood; and under the solemnity of the oath which I have taken, I have no hesitation in saying, that the declarations of that gentleman (pointing to colonel Burr) that he had put the letter beyond his power and with my knowledge, is totally destitute of truth.
FRIDAY, October 2.
(Mr. Tazewell's testimony continued.)
Mr Wickham (holding in his hand a key to one of the cyphers)—Has there been any addition or alteration in this paper, since you saw it before the grand jury? A. I will state my impressions, sir. I well recollect that this endorsement suggested one doubt to the grand jury: "I solemnly swear, that the numbers and hieroglyphics within, excepting those which denote the alphabet and the units, "Burr" and "Wilkinson," were written by the late captain Campbell Smith in the year 1804, 5 or 6, then acting as my aid de camp." Mr. Randolph and myself had both been acquainted with captain C. Smith and supposed there was some mistake in this date. I recollect putting this question to general Wilkinson, "Do you think that this cypher could have been formed in 1804, 5 or 6, as capt. C. Smith must have been dead before that time?" The general after some consideration, suggested that there must be a mistake in the date and that "1794" was intended instead of 1804.—I think also that the figures 1801 on the face of this paper have been added, since it was laid before the grand jury—I suppose that general Wilkinson's memory has become refreshed and more correct since his examination. Mr. Hay. General Wilkinson was not interrogated here about this alteration? Mr. Tazewell. General Wilkinson was asked whether this was an affidavit which he intended to swear to? He said that there was a mistake in the date specified in this endorsement, and that it ought to have been 1794, 5 and 6, (as it is now put) instead of 1804, 5 and 6 (as it was then written.) Mr. Hay. This endorsement is not in general Wilkinson's hand writing—General Wilkinson. It is in the hand of my clerk, Mr. Buring, who is here.
Mr. Hay. If Mr. Tazewell is introduced here merely to show these variations, why was not general W. himself interrogated about them? He could have himself explained them. Mr. Burr. We have not heard of these variations before. Q Was
not the year 1793 first mentioned as the date of the cypher? A. I do not recollect. Mr. Baker. Do you recollect when it was represented to him that it was impossible a certain date would be correct, that he immediately changed it? A. I am not certain. Burr. Did you not understood, that the motive of his holding a correspondence with me was to draw from me my views? A. I am not certain that this was his language. Q. Did you understand him to say that his object was to communicate my views to the government? A. Such, sir, is my impression. Indeed this inference from his answers was so palpable that I did not think it necessary to ask the question.
Gen. Wilkinson. Do you recollect, sir, of any stipulation or acknowledgment, before the grand jury, that what passed there was in confidence? A. I have lately conversed with another grand juryman, and I have now reason to believe that something of the kind did pass. You had the letter of the 12th November, in your hand. You read a part, and paused; you observed, that perhaps it was not proper to read the whole. Mr. Barbour then said that certainly it should be received in confidence. Mr. Martin. You ought not to have entered into any such engagement—Mr. T. I beg you to understand, Mr. Martin, that I did not; but when I heard the letter, I thought it improper to mention it, and as a gentleman, sir, I would not. And although I have frequently spoken of general W's testimony, I have never mentioned the contents of that letter. General Wilkinson. Did you not understand me to say, that my expressions calculated to draw forth the views of col. B. particularly related to my letters in the spring of 1806? A. The only letters, which general W. spoke of were subsequent to Mr. Burr's visit to St. Louis. General W. thought it probable that he had written the letter post marked 13th of May; but he did not positively recollect.
Several other questions were put to and answered by Mr. T. which the rapidity of his manner made it impossible for us to take down.
SATURDAY, October 3.
Mr Tazewell was again called by col. B. and asked whether he had observed any inconsistency in the evidence of general Wilkinson. Mr. Tazewell said it was not for him to state what his impressions were, arising from the whole tenor of general Wilkinson's evidence. Indeed it was impossible for him to answer a question put in that way: if he were asked whether in any particular part of general Wilkinson's testimony he had observed a variance, he would answer the question. He was then asked, whether he had observed any inconsistency or contradiction in the evidence delivered by general Wilkinson, before the judge, and that given to the grand jury? His answer was, none at all. But, said Mr. Tazewell, as I have gone so far in speaking of my impressions, it may be proper for me to state what opinion I had formed. I must say, that I saw no good reason for general Wilkinson to invite colonel Burr to the Western country. Mr. Hay. Do you recollect whether the testimony of Swartwout coincided with that of gen. Wilkinson? A. They could not be said to oppose each other in their testimony. Mr. Swartwout was examined first; and many of the circumstances to which he depose were unknown to general Wilkinson. Mr. Hay. I speak as to the conversations between Swartwout and general Wilkinson. Mr. Tazewell. Perhaps there was this difference: General Wilkinson stated, that in the absence of col. Cushing, which was spoken of by both of them, Mr. Swartwout slipped into his hand the cyphered letter from col. Burr. Mr. Swartwout who discovered the utmost frankness and candor in this evidence, stated the transaction in a different manner. He declared that the letter was delivered openly, without any effort to conceal it. Mr. Hay. But they both stated the fact to be the same that it was delivered in the absence of col. Cushing? A. Yes. They both stated that fact in the same way. I would not be willing to be understood that I doubted any thing, Mr. Swartwout said. Altho' he appeared before the G. Jury under very unfavorable circumstances, and my impressions were very strong against him; yet the very frank and candid manner in which he gave his testimony, I must confess, raised him very high in my estimation, and induced me to form a very different opinion of him, from that which I had before entertained. (AA)
Washington, 1st March, 1807.
Major Bruff communicated to S. S. and Col. Read, That Judge Easton, (immediately after the first number of the Western World appeared,) told him, (Bruff) that it was in his power to ruin col. Burr, that he had told him his plans, that they were such as had made his hair stand an end, but he had gone so far that he could not recede. Bruff told him, that he owed it to himself as an honest man to inform government. That I cannot do said E. for I am under an oath of secrecy, but you had previously taken an oath paramount to any other to your country: I cannot tell, said E. but I will communicate the whole to you, if you will come under an oath of secrecy; indeed continued he, col. Burr told me, that he had heard of you, that he heard you was a brave man, had sense and firmness and desired me to speak to you. I am therefore at liberty to tell you all the plans, if you will swear that you will keep the secret. Bruff refused and advised Easton to act like a man of honor and a friend to his country, or he would hereafter repent.
NEW-HAVEN, (Con.) Oct. 13.
On Thursday last the General Assembly commenced their session in this city. The House made choice of the Hon. John C. Smith, for Speaker, and Lyman Law, and Sylvanus Buckus, Esqrs. Clerks.
GOVERNOR'S SPEECH.
Gentlemen of the Council, Mr. Speaker, and Gentlemen of the House of Representatives: IN the month of July last. I received a letter from the Secretary for the Department of War, conveying a requisition from the President of the United States, for an immediate detachment from the
militia of this State of 3420 men, including officers;—that number being this State's quota of 100,000 militia, which the President has ordered to be detached agreeably to an Act of Congress, passed on the 18th day of April, 1806.—In compliance with this requisition, my orders were issued to the Adjutant General, directing him to have the detachment expedited with all possible dispatch.
The readiness and alacrity with which this requisition has been attended to by all Grades of Officers and Soldiers of the militia, display in a pleasing manner the patriotism and cheerfulness with which the people of this State are disposed to comply with all orders of the General Government, when legally called upon by the constituted authorities of the United States, to repel Injustice, oppose Insults, or support the rights of their country. It is to be feared, however, that in arming and equipping the drafts from our State, there will not be that uniformity and efficiency in their Arms, which are necessary for troops taking the field and entering into service, against those who are regularly appointed and furnished for every duty, agreeably to the newly adopted practice and warfare in European armies.
So long as the militia of the U. States are to be depended upon for our defence against foreign troops, some more efficient mode for arming, at least, if not training the privates, than what is now existing ought to be adopted. As to arms, this may be effected, either by a more exact and critical inspecting of them where they are furnished by individuals; or by the establishment of public magazines of arms, from which the militia, when called into actual service, may be uniformly furnished and equipped. It will prove but a miserable delusion, to have men detached and sent into the field, without good and sufficient arms, wherewith to contend with a regularly appointed army. In such an unequal conflict, nothing but defeat and misfortune is to be expected. As to discipline, where men are animated with the spirit of their employments, that may be attained more easily, and with more dispatch in the field of actual service, and in the face of a regular army than by the present imperfect and desultory mode of training to which they are now called, and in which but a few hours in a day, or a few days of the year, are spent in the practice of any useful manual exercise, or any necessary manœuvres, or evolutions.
The late much lamented death of the Hon. Uriah Tracy, one of the Senators from this State in the Senate of the U. States, calls upon the Legislature for the appointment of some person to fill the vacancy. The proclamation of the President of the United States, summoning Congress to an earlier session than is usual, will occasion your speedy attention to this appointment.
The gentleman, who may be designated to this service, will probably want some preparation previous to his attendance on his duty in the Senate; and will therefore be obliged by as early information as may be of his appointment.
When we reflect on the great events which have taken place on the European Continent, our minds are naturally led to seek what may be their final result, as respects our own country—connected as we are, in commerce and various foreign relations, the consequence of those wonderful revolutions, which Providence at this day is conducting, will undoubtedly affect very nearly our interests and pursuits.—But how, and in what manner, we are to be implicated; whether we are to be still further indulged with peace and tranquility, or are to be entangled in the horrors of this wide-spreading war of nations, is known only to that almighty and wise Being, who superintends and governs all the affairs of men.
We may, I trust, still hope in a continuance of divine goodness towards our nation, ungrateful as we are & unthankful as we have been, for former benefits.—But while we humbly hoping and earnestly wishing for peace, it may be best for us to be prepared for adverse events, and ready to meet our God, in the ways of his displeasure.
JONATHAN TRUMBULL.
October Session, 1807.
HARTFORD, October 22.
Samuel W. Dana Esq. who was chosen Sena or of the United States, in the place of Uriah Tracy, Esq. deceased, having declined accepting of that appointment, Chauncy Goodrich, Esq. has been chosen.
BALTIMORE, Oct. 24.
Extract of a letter from a gentleman at Bordeaux, to his Father in this city, dated September 8, 1807.
"The emperor of France leaves no stone unturned to ruin Great Britain. There are at present no less than 100,000 men marching through this place on their way to Portugal." I think Spain is included in her object; and shall be much surprised if the present king is not dethroned. It appears that Lucien is to be king of Navarre, which will comprehend Biscay, Navarre, and Catalonia; Portugal to be given to Spain in lieu. It will not end there." Quere.—Is not Gibraltar one object?
The circumstance of there being no account of the surrender of Copenhagen at Bordeaux on the 19th of Sept. when capt. Lovell, of the Happy Couple, left there, furnishes ground for belief that the capital of Denmark did not yield on the 24th of August, as represented by information received at the eastward. If it had capitulated, it is highly probable that intelligence of the event would have reached Bordeaux
in 19 days after the occurrence took place. The cessation of the firing that was heard on the 24th is no proof of a surrender; for as the editor of the New-York American Citizen very shrewdly observes, the Danish batteries were as likely to silence the fire of the British fleet as the latter were to silence the cannon of the Danes.
FREDERICKSBURG, Oct. 23.
Further Particulars respecting the Fire.
To those who are acquainted with this town, and feel an interest in its welfare, and whose sympathy is excited towards its citizens by the late awful dispensation, which has reduced a great part of it to a heap of ruins, we have conceived it a duty to give the following particulars:—The fire commenced at the only situation, perhaps, in the whole town, as the wind stood, capable of producing so immediate and of course so destructive effects. A small house which stood on the opposite side of the street and a warehouse occupied by Mr. William Taylor, immediately below the first house, were the next in flames, and from these it progressed on the south side as far as Mr. Henderson's, destroying every building on the main-street. Here it was happily arrested—had it communicated to Mr. Henderson's buildings the destruction of the main street, it is supposed, would have been inevitable. On the north side its ravages was unfortunately much greater, and comprehends every building from the late Mr. Roe's corner to Mr. Lear's inclusive, the next corner above Mrs. Heath's, both on the main and water street, including forty-five dwelling houses, besides stores, ware-houses, &c.
The persons with families, who, in four short hours were driven from their habitations by this destructive element, to seek a shelter amongst their neighbors and friends, were—the late Mr. Wm. Stanard's, where the fire began, Messrs John Crump, George Cox, John Welch, Richard Garner, Wm. Porter, Richard Farish, David Smith, Charles Stewart, James Slater, Wm. Wells, Samuel Davis, John Richards, Richard Coyle, John Gray, Adam Cooke, Walter Gregory, Mrs. Fisher, Leonard Adams, John Coakley, John Mark, Wm. Smock, Morgan Sweeny, John Weidmeyer, John Lear, and many others not recognized, with several others of people of color.—The destruction of property was great indeed, some lost their all.—The sympathy and benevolence of the citizens are excited to its utmost limits, and much has been done and is still doing, for alleviating the distresses of the sufferers; and we trust the generous sentiment will be at least as extensive as the applications.
FROM THE AURORA.
AN article appeared in Relf's Gazette of Saturday evening, which from the nature of the circumstances to which it relates, we think proper to copy and to notice.
FROM THE PHILADELPHIA GAZETTE.
An act marked with singular presumption and arrogance occurred in this city yesterday afternoon. A Delaware pilot who had been boarded off the Capes by a British cruiser from Halifax, and entrusted with a packet directed to the British minister, Mr. Erskine, & endorsed by admiral Berkeley, yesterday reached town; on his way to deposit the packet in the post office, he fell into conversation with a person opposite the Aurora office, to whom he shewed the packet. This person, upon hearing the circumstance, took possession of the packet, and delivered it to the editor of the Aurora, who has since refused to deliver it up, alleging that he had forwarded it to the President of the United States! The pilot has made oath to the circumstances of the case. Mr. Erskine is now in this city.
"Mark how a plain tale will set them down"—a person whom the editor never saw before nor since, presented a packet, concerning which the explanation agrees generally with the above account of its receipt, but differing in some particulars—it was stated to have been put on board an American vessel, accompanied by abuse & menaces if it was not delivered, with many opprobrious epithets of Yankee rascal and the like, by a British armed ship.
Why or wherefore this paper should have been brought to the editor, sitting quietly in the bosom of his family, was not to be accounted for. But it was put into the editor's hands, and there remained no other consideration for the editor how to act, but that he should at once defeat artifice if there was any meditated—and take care that if it was really no imposture "the man should have his mare."
The thing looked very suspicious on its outside; it appeared to be, and perhaps may turn out to be, what the editor suspects, a pamphlet, or a couple of English newspapers; for there was not even a seal upon it—it was superscribed "in his Britannic majesty's service," and addressed to the ambassador of Great Britain.
For Mr. Erskine as a private gentleman, and as the son of the late chancellor of England, there can be no motive for disrespect or even the want of respect. But the editor of this paper has neither the motive nor the means, of information, which Mr. Relf has to know where the British ambassador holds his occasional residence.
But if the editor did know, and he did not know until three hours after he had dispatched the packet to the seat of the general government, the usual and the proper residence of all ambassadors, yet he should not have acted otherwise than he has done, and which he would do to-morrow with the knowledge of Mr. Erskine's presence, if he should be presented with a packet in the same way.
That there should be no mistake in the motives, they shall be very fully, explicitly, and unreservedly explained.
It is well known both from the conduct of the agents and the corrupt adherents of the British government, that the AURORA is particularly obnoxious to them. One of their emissaries, who from his feeling in the affair is a competent evidence, has publicly declared, that the Aurora under the direction of its present editor, has cost the British government upwards of a million sterling. This million must have been laid out in some way in the United States, for it is pretty evident that it has not been laid out in promoting the AURORA—other printers must know.
The destruction of the editor, it cannot be doubted would gratify that government—and whether it is by the means which Cobbet pointed at: "there is no doing any thing with such a man unless you take his life"—or by destroying his character, and standing in society, is not so material to that government as that it should be done; they view him as a mere Irishman, and would give more than forty marks to remove the stumbling block.
With this knowledge, the editor would have been indeed a greater fool than they suppose him to be, if he had, for an instant, hesitated on the mode of disposing of the packet.
It was delivered by a person whom he never saw before—nor since—never but the once.
It was delivered in a very questionable manner—for it was not the person who said he received it that delivered it, but a person who had received it from another.
Aware of the stratagems of the British, and strengthened by the exterior appearance of the packet—without even a seal, and to appearance containing either a couple of newspapers or a small pamphlet, the editor could not forget the use that had been made of a similar occurrence in relation to his predecessor—he conceived it to be a trick, intended to entrap him—and these reflections arose—
Suppose this packet to be a political contrivance here—
Suppose it to contain something personally insulting to Mr. Erskine.
If it was, and we do still believe it to be a trick invented here, the object must be too obvious.
If it was any thing personally insulting to Mr. Erskine, then the very circumstance of its passing, no matter by what means, thro' the hands of the editor of the Aurora, no doubt the intention would be or was to fix the act or authorship on the object so obnoxious to the British.
There could be no choice of conduct left in such a situation. The man was questioned if he had any illegal intercourse, contrary to the president's proclamation, with the British armed ship? The reply he made was, that he was not the person but a relation of his.
The reply made by the editor was, the only course for you and for me is to send it to the executive.
Accordingly, it was put under a cover along with a short open note to the secretary of state, noticing how it was received, and intimating the editor's ignorance of Mr. Erskine's actual residence.
A gentleman, not an agent of Mr. Bond as has been said—in about three hours afterwards, called and enquired about it, but the packet had been dispatched, and of course was out of the power of the editor; but had it been in the power of the editor he would not have acted otherwise? because he found it incumbent on him to place the government of the country between him and the persistence of British connexion.
As to Mr. Erskine's being in this city, the editor did not know it, until informed so three hours after the transaction; if he had known it, under the circumstances in which it reached him, he would not have trusted to any equivocal course.
The adherents of the British government have now the whole advantage of their trick, for such we must still believe it to be. But the trap did not catch—they must try another trick or give it another turn; and they had best request a copy or the original note of the editor to the secretary of state.
ST. MARY'S COLLEGE
GRAND LOTTERY,
BALTIMORE,
Authorised by the General Assembly of the State of Maryland; the scheme of which lottery is the most brilliant ever offered to the citizens of the United States, containing besides a large number of other good prizes.
1 Prize of 30,000 Dollars, 1 do. of 15,000 Dollars, 3 do. of 10,000 Dollars, 2 do. of 5,000 Dollars, 8 do. of 1,500 Dollars, 7 do. of 1,000 Dollars.
Not two blanks to a prize, and the lowest prize twelve dollars. The scheme contains only 31500 tickets, 10000 of which are actually sold to a company of gentlemen in New York, to whom the managers have obligated themselves to commence the drawing in the city of Baltimore, On Thursday the 31st day of December next, And to draw 500 tickets per day.
TICKETS & SHARES
Are now selling in a variety of numbers and very rapidly at Ten and a half dollars each for a very short time, at
G. & R. WAITE'S
Truly fortunate Lottery Office, corner of Marka and Charles Street, Baltimore.
The Grandmama of the Scheme of the above Lottery, together with an assurance from the managers that it will positively commence drawing on the 31st day of December next, have been a sufficient inducement for the subscribers to come to the city of Baltimore for the express purpose of facilitating the sale of the tickets.
G & R WAITE
One of the above firm will personally attend the drawing daily, to take down the numbers correctly, as will also one of their clerks. The next New-York Lottery will not commence drawing till April next—Tickets of which Lottery may be had at Waite's Offices, Maiden Lane, New-York.
N. B. Distant adventurers, accompanying their orders with Bank Notes of any description to either of WAITE'S Offices in Baltimore or New York, may have tickets and shares forwarded to any amount with the utmost punctuality, and the earliest advice sent them of their success. All prizes sold by G & R. Waite will be paid by them.—A list of all prizes drawn will be sent to the printer of this paper, for the inspection of adventurers. October 14th. 1807. 153m
TO RENT
TWO LARGE BRICK STORES, Almost new, under one roof, and covered with Tiles.
SITUATE on the south side of the main street, and nearly oppo to the Market House; one is a corner house. These houses are rendered fire proof (exteriorly) by the addition of iron shutters in the direction that there is danger from fire) to be apprehended. Possession may be had on application to
Wm. MITCHELL.
Richmond, September 2d, 1807. wtf

THE enemies of General Wilkinson endeavor to account for the apparent inconsistency both of the motives and actions which they attribute to him...
But if, as Col. Burr and his friends pretend, his design was lawful, and he only intended to attack the territories of Spain...
The story of the General's receiving money from the King of Spain is sufficiently refuted by the certificate of Mr. Power...
The first of these heavy accusations is supported only by the long-winded tales of Major James Bruff...
prising that the general should not have been positive in his recollection; sundry different cyphers having been used...
The charge of forgery is no better supported—Mr. Duncan's evidence satisfactorily explains that subject...
The General's withholding a small part of that letter from the Orleans Legislature, when he was examined before them...
His conduct therefore in the whole transaction was prudent and correct; and it appears that this charge against him has been as easily refuted as any of the rest.
A circumstance more important in the general view of affairs, is the fact that there are now in the prisons of Canada, about 140 persons...
Under such circumstances, and at the approach of the session of the national legislature...
in their own concerns and in relation to the country. And now also you citizens who are really whigs of 1776...
You cannot calculate on better treatment or more respect than the Danes. You are more formidable as a commercial rival...
Watch and remember! You cannot avoid at least a defensive war!
Keep in memory those who have been the adherents and tools of your enemy...
What a strange thing it is that enquiry into our rights, is a rage for war, and especially when that rage is expressed by a proclamation...
Every thing is done, that can be done to degrade the militia. The most ridiculous tales are put in circulation...
The Saddle on the right Horse. While the federalists are deprecating war with England, they should remember, that the writings in their papers have furnished all the arguments...
The President's Proclamation, which we publish this day, it is presumed will show that the speculations which we have repeatedly given to the public...
There are in the British provinces of upper and lower Canada, upwards of 740 persons who have at different times deserted from the military service...
We have also the satisfaction to learn, that there have returned to the single state of Vermont, within two months, from Canada, about 300 families...
FROM THE AURORA. MR. DUANE. IN the Aurora of the 15th inst. I was pleased to find some thoughts on the important subject of the judiciary.
These observations, assuming the signature "Common Sense" were attributed to the useful and enlightened mind of the old revolutionary whig and patriot Thomas Paine.
The mock trial of Burr for treason, with the mysterious and equivocal conduct of his judge, Marshall, has carried conviction to my mind...
The people of America, on this momentous point, should be solicitous to guard well their rights and liberties. Corrupt judges in all countries have been the most baneful instruments of mischief and tyranny.
CAMOMILE a remedy in certain disorders of the eyes. A medical correspondent at Madrid has acquainted a friend in Ireland with some astonishing effects of the herb camomile...
Elizabeth Town (N. J.) Oct. 13. Cornelius Hatfield, an obnoxious refugee character, who came here a short time since from England...
A statement of facts respecting the deliberate and cruel murder of Stephen Ball, on Bergen Point, the 25th of January, 1781.
their prisoner of what property he had with him, carried him across the Bergen Point, and, without even the form of a trial, immediately informed him that he had but ten minutes to live...
Royster & Bohannan, Respectfully inform their friends and the public generally, that they have just received a general assortment of GROCERIES...
FOR SALE, On the 1st day of December next, on the premises, a very valuable Tract of Land, Belonging to the estate of William Regland...
The tract of Land, Whereon the said Zachariah Lankford now resides, containing seventy-seven acres more or less...
Strayed or Stolen, On the 7th October 1807, from my lot, in Adams valley, adjoining the city of Richmond, a BAY HORSE...
GERARD BANKS Has it in view to establish a News-Paper in Richmond, to be published twice a week—The Title THE VIRGINIAN.
JUST RECEIVED AND FOR SALE AT THIS OFFICE, SIMPLE TALES, By Mrs. Opie (First American edition in 2 vols—Price 2 dollars.)

W. COWAN, WATCH & CLOCK MAKER, INFORMS his friends and the public, that he has removed to the Shop formerly occupied by Mr. Edward Warrington, three doors above Messrs. Taylor & Brown's Yeoman Store:— Where he repairs Watches and Clocks of every description.  W. Cowan has on hand, an assortment of warranted Gold and Silver Watches—Also, a handsome assortment of Silver Ware and Jewellery—Consisting of Ladies' Ornamented and Plain Combs, Mourning, Fancy and Plain Hair Rings, Mourning, Fancy and Plain Finger Rings, Mourning and Fancy Lockets, Miniature Settings, Necklaces Plain and Ornamented, Mourning and Fancy Breast-Pins, Bracelets, Neck Chains, Gold, Gift, Steel and Silk Watch Chains, Gold Pebble, Glass & Steel Seals, Gold, Gift and Steel Keys, Locket and Ring Cases, Gold, Silver and Pearl Buttons, Table, Desert and Tea Spoons, Soup and Punch Ladles, Sugar Pongs, Salt Shovels, Scissors, Chains and Cases, Thimbles and Pencil Cases—With a variety of other articles; all of which he offers at the most reduced prices.  Richmond, October 2, 1807 6w
Education of Young Ladies, At Williamsburg.  MR. ANDERSON'S Institution for Female Improvement will be opened this season, under circumstances that cannot fail to interest parents who have daughters to educate. The united cares of Mr. and Mrs. Anderson and Mrs. Camp will be directed to the mental and personal accomplishment of their pupils, whose health, morals and deportment will meet with that scrupulous delicacy and attention, which parental solicitude only can properly appreciate. A large and elegant Apparatus has been provided for the illustration of the studies of Geography and History; and in cultivation of the English and French languages. Mr. A. will avail himself of the latest improvements of those celebrated writers, Lindley Murray, of London, and N. G. Duffel of Philadelphia, by each of whom he has been recently honored with a copy of the last edition of his works.  The course of Instruction will commence on the 20th October, and be completed about the 1st of May following—Terms of Boarding and Tuition for the whole period £30: children under 10 years old at half price. For the extra branches of accomplishment, Music, Drawing & Dancing, some of the most eminent teachers in the United States are engaged to attend. On the usual terms, such pupils as desire improvement in these objects.  Williamsburg, 6th Oct. 1807 1N
FOR SALE, And possession immediately given.  156 Acres of LAND, Lying in the county of Louisa, on the waters of Pamunkey river and Old creek—about one third is cleared and in good order for cultivation, the balance in Woods, a considerable proportion of which is good tobacco land. On the creek there is a very good water grist mill—the house is entirely new and well built, two stories high and calculated for manufacturing. It is that unnecessary here to enumerate the advantages attending this valuable property, as it is presumed a view will be taken by those who wish to purchase: suffice it to say, that it is an excellent stand for manufacturing grain for distillery, for a store or for a tavern. Should this property not be previously disposed of, it will be offered to the highest bidder, on the premises, on Monday the 22nd of November next—one third of the purchase money will be required in hand, for the balance a convenient credit will be given. For further particulars enquire of Mr. Laurence Minor, Louisa, who will show, and who is authorized to sell the same.  William Dabney. Albemarle, 20th September, 1807. 1N
FALL GOODS. TOMPKINS & MURRAY, Are now opening in the house opposite the Post-Office, lately occupied by Messrs. Bohn & Hubner, an extensive assortment of FINE GOODS, Received by the ship Calpe from London. They have been selected with much care and attention. Among them they would particularly recommend their Assortment of London Superfine Cloths, Casemires, Tolinetts and Hats, All of a very superior quality. Also, an elegant assortment of Fashionable ROBES, MUSLINS, LACES, &c. They have also on hand, a large assortment of Coarse Woollens, Hardware, &c. Received by the ships Herscheff, and John & Charles from Liverpool. The whole forms a complete assortment well worthy of attention, which they offer for sale on liberal terms.  Richmond, 10th Oct. 1807. 1f  Now Landing and for Sale, 20 hds. Rye Sugar 20 hds. first quality 20 hds. Rye Whiskey brown Sugar 17 hds. Antigua Rum 25 boxes cotton Cards 10 Tiges prime green 10 casks Malaga Wine Coffee 2 ton, patent Shot.  In Store, 40 bags Green Coffee 30 hds N. E. Rum 20 bags Pepper 15 pipes 4th proof Cognac 30 boxes 8 by 10 Glass nine Brandy 20 trunks Shoes 30 kegs Hamilton's Snuff 2 ton bar Lead  Terms liberal, and made known on application to HENRY HOYET.  October 20 1807
Land for Sale. ON the second day of November next, will be sold, on the premises a TRACT OF LAND, in the lower end of Goochland County, containing 221 Acres, being the Land whereon Gideon Hatcher, late Sheriff of said County, lived and died. There is on said Tract of Land, a good Dwelling House, Barn, &c. Apple and Peach Orchard. The aforesaid Tract of Land will be sold by the Coroner to satisfy a debt due the public for cash, or on three months credit.  THOMAS MILLER, Acting Adm'r of Gideon HATCHER, Dec. Goochland, October 10th, 1807. 1f
NOTICE is hereby given, that the following Slaves, to wit, Rachel and her two children, named Edmund and George; Charlotte, Judy, Davy, Janey and Violet, or so many of them as will satisfy the balance due on a deed of trust executed by Benedict Crump to me as trustee, for the benefit of Robert Christian, and transferred to Thomas Christian by said Robert Christian; will be sold, on the 23rd of November next, at New Kent court house, for ready money.  JONES H. CHRISTIAN, Trustee. October 16th, 1807. 4w  Subscriptions for Lewis and Clark's Tour, received at this Office.
Fifty Dollars Reward. RUN AWAY from Reuben Clopton, when living in King William county, in the year 1791, on the first of January,  A Negro Man, By the name of NEPTUNE, who formerly belonged to the estate of John Hales, dec. living then in the lower end of Henrico—he is a tall, portly fellow, stoops in his shoulders, or you may say round shouldered, high forehead, his hair peeked out each side of his forehead, flat nose, large white teeth, draws his words when he talks, or rather talks through his nose, and has a scar some where in his face, about forty-five years of age—it is supposed he is now passing as a free man in the city of Richmond, as he thinks himself secure. There never has any efforts been made to apprehend him—he has a wife at John Hales, dec. living in the lower end of that county, and a mother—perhaps he may be harbored there. Any person, that will deliver him to William Clopton, in Cumberland, or secure him in any jail, so that I get him again, shall receive the above reward.  ELIZABETH CLOPTON. Cumberland county, Aug. 14, 1807. 1f
FOR SALE, MY LANDS in Cumberland county, lying on Appomattox river, joining the lands of Messrs. William & George Skipwith; this land is equal if not superior to any land in Cumberland county, off James river, it contains 607 acres, one half of which is covered with fine timber of every description. There is on this land a decent dwelling house, and between four and five hundred bearing apple trees of choice fruit. One third of the money will be expected when a title is made, the other two thirds may be divided into two annual payments. Mr. Jeremiah Baker or Mr. William Skipwith will show the land to any person wishing to become a purchaser.  FRANCIS EPES. Chesterfield, June 3, 1807. 1N  By virtue of a deed of trust executed to us by Mr. Ambrose Dudley of King William county, to secure a debt due by the said Ambrose Dudley to Benjamin Mosby, assignee of William Danbridge—We shall proceed to sell, for ready cash, (for the best price that can be obtained, on the premises, on the fifth day of January next,  A certain Tract or Parcel of Land, Lying and being in the county of King William, being the same on which the said Dudley now resides, & the same which the said Dudley purchased of William Danbridge, containing 602 acres, or so much thereof as will be sufficient to pay the sum of four hundred pounds, current money, with legal interest thereon from the 1st day of April, 1807, till payment, together with all expenses attending the execution thereof.  BERN'D LIPSCOMB. NATH'L FOX. 1ds 3d Oct. 1807.
FALL GOODS. KIRBY, DRAKE & TAYLOR, ARE now receiving by the Ship Rolls, from London, a large and handsome assortment of FASHIONABLE GOODS, (selected by a partner of the house.)  AMONG WHICH ARE London Superfine Cloths, Casimires, and Tolinetts, superior quality. Gentlemen's Patent Silk and Beaver Hats. Children's Trafalgar and Evskine do. Elegant Leno Pique and Sewed Muslins. Do. Robes and Dresses. Colored Italian Crapes for Ladies' Dresses. Silly Cotton, and Worsted Hosiery. Irish Linens. Lawns and Sheetings. 4-4 Cotton Shirting, very fine. Ladies' Kid Shoes. Calicoes, Cambricks, Chambrays, Cotton and Thread Laces, &c.  And in daily expectation of receiving by the Freesheets from Liverpool, a large assortment of COARSE WOOLLENS, and all of which will be sold very low, wholesale and retail, for cash, or on a short credit to punctual customers.  Richmond, September 29, 1807. 1f
Lesueur & Saunders Are now receiving and will constantly keep a large supply of Bar-Iron & Castings, Of superior quality.  Feb. 2d, 1807. 1f
NOTICE. ALL persons having claims against the estate of John Sandridge, deceased, are requested to bring them forward to the subscriber duly authenticated, on or before the first day of November next, at which time a dividend of the assets in my hands will take place—Those failing to comply with this advertisement will be excluded from the benefit of said dividend.  Thomas White. September 2d, 1807. 1N
William M'Cay, Watch-Maker, Main-st. Richmond, Returns his thanks to his friends for the encouragement he has met with in his profession, and hopes for a continuation of past favors.  W. M'CAY has a general assortment of Gold and Silver Ware, made by the best workmen, which he has taken pains to obtain, consisting of warranted gold and silver Watches, ladies' ornamented and plain Cuffs, mourning fancy and plain Ear-Rings, mourning, fancy and plain Finger Rings, mourning and fancy Lockets, Miniature Settings, Necklaces plain and ornamented, mourning and fancy Breast Pins, Bracelets, Neck Chains, gold, gift, steel and silk Watch Chains, gold, pebble, glass and steel Seals, gold, gift and steel Keys, Locket and Ring Cases, gold, silver and pearl Buttons, table, desert and tea Spoons, soup and punch Ladles, sugar Pongs, Salt Shovels, Scissors, Chains and Cases, Thimbles and pencil Cases—with a variety of other articles; all of which he offers at the most reduced prices. Clocks and Watches of every description repaired by him.  October 14, 1807. 6w
FOR SALE. My tract of Land, In Powhatan county, containing between nine hundred and a thousand acres, and lying within two miles of the courthouse, and on both sides of Pine creek. This tract of land would be sold entire, otherwise laid off in lots to suit purchasers. Any persons inclined to purchase, it is expected will first view the premises—any further description is deemed unnecessary. For terms apply to the subscriber, living on the premises.  SAN. BASKERVILLE. Powhatan, Jan. 4th, 1807. 1f
TO BE SOLD, At Paineville, in Amelia county, on Monday the 28th of December next, an Extraordinary valuable Black-smith Belonging to the estate of Richard Eggleston, dec. on a credit of six months. Bond with approved security will be required of the purchaser, by THE EXECUTORS. October 11, 1807. 1N
Ellis & Allan, ARE OPENING AN EXTENSIVE ASSORTMENT OF FALL & FASHIONABLE GOODS (Selected by one of the partners) Received by the Calpe from London, and Pro. best from Liverpool; amongst which are Cloths, and superfine double and single milled Kerseymires, patent Princess Corda; Royal patent Satin Velvets; Nett Pantaloons; Quilted, Tolinetts, Spanish Marcella Circassian Striper, and rich Liane Silks, Silk Quiltings, black Florentines and Molekins for vests; gentlemen's Vandykes; gentlemen's worsted, cotton, silk & Angola Hose; Ladies' ditto; gentlemen's fashionable Beaver and patent Silk Hats; gentlemen's Hessian Boots and Dress Pussies; elegant Cambric Jacquet Robes; Saracens, Crapes and Opera & Imperial Nets; Italian Silks and Chambrays; Cambricks and Muslins; Fawn Crimson, Nigona and India Manilles 6.4 & 7.4; Maroons of different colours; Spider Nett; Baloon, Red Fox, Lynx, and Barancke Muffs and Tippets; Ladies' best Kid Shoes; Ladies' Limerick and York Tan Gloves; 4-4 Irish Linens. 5-4 Sheetings, Long Lawns and some Irish Diaper and Damask Table Cloths, Irish and French Cambricks, Brussels Carpets and Rugs; Scotch and Kidderminster Carpets and Rugs; Blankets, Napped Cottons, Plaid Kerseys, Coatings and clothes Flannels, &c., ready made Great Coats, Peasees, Surtout Coats and Small Clothes &c. &c. which they will sell very low for cash or for good customers.  October 15th, 1807. 1m
At Private Sale. NEGRO COTTONS White, Green, Brown and Blue Duffles Sagathys and Kerseys, in bales Coarse Cloths, Flannels and Rose Blankets.—A great variety of Muslins, India and German Goods, &c.  Also— Brown Sugar, in hds. Cognac and Apple Brandy Hollands and Country Gin Northern and Mountain Whiskey Molasses Havana Sugar London Particular Madeira Wine Black Pepper Bar and Rod Iron Northern Candles and Soap, &c. Darmsdatt, Foster & Satchell, Auctioneers. Sept. 23 2m
LAND In the state of Ohio—For Sale. THE subscriber wishes to SELL a valuable TRACT OF LAND, in the state of Ohio, containing 1,000 acres. This tract is of excellent quality, as the subscriber has understood from most respectable information. It lies on Deer creek, a branch of the Sciota, about 16 miles from Chillicothe, in a well settled neighborhood, and is very convenient to the trade of the Ohio. He will dispose of it for cash, or on a short credit, for notes negotiable at the Bank of Virginia; or will exchange it for property in the city of Richmond. An unquestionable title, with general warranty, will be made to the purchaser.  Wm. MUMFORD. Richmond, Sept. 24, 1807. 1f
Potowomac Company. NOTICE is hereby given, that application will be made to the General Assembly of Virginia at their next session, to allow the Potowomac Company the further time of three years, to be computed from the expiration of the term already given, to complete the navigation of Shenandoah river.  Alexandria, October 10th, 1807 4w
FOR SALE, Opposite Colonel Mayo's new Bui dings, 4th, 3rd and 2nd floor Antigua Rum in hds. of the crop, 1805—Imported early 1806 New England Rum in hds. and barrels 1 pipe very Superior Holland's Gin Rye Whiskey in barrels Loaf and Brown Sugar in Ditto Coffee by the barrel or bag Beef and Pork in barrels Irish Potatoes in ditto, suitable for table or planting Potomac Shad and Herrings, Stone Lime in large and small casks. And a general assortment of GROCERIES, &c. &c.—which will be sold low for Cash, good paper, or exchanged for country produce, by JOB GREENE. Richmond, 27th May, 1807.
TO RENT, Two Tenements, IN a large Brick House on the main street, on Shockoe Hill, nearly opposite Mr. Wythe's Brick Buildings. The lower story is neatly fitted up for an Apothecary's shop, and the upper apartments are well calculated for a boarding house, for which purposes they have been used for several years past. Also the upper part of another house, adjoining, very convenient for the accommodation of a small family. Possession of the former may be had immediately, and of the latter on the 1st day of December next.  ROBERT HYDE. 3w
Sale of Negroes. In pursuance of a deed of trust executed to me by John Ogilby of the county of Person, N. Carolina, for purposes therein expressed, I shall on the 31st day of the present month, proceed to sell, at the Red House in Caswell county, N. C. to the highest bidder, for ready money, the following SLAVES, to wit, James, Davy, Tom, Adam, Bob and Major, or as many of them as will be sufficient to answer the purposes of said deed.  Wm. S. Archer. October 13th, 1807. 1w
By virtue of a decree of the Superior Court of Chancery held in Richmond, the subscribers will expose to sale on the premises, to the highest bidder, for cash, on the 30th day of July next the residue of a TRACT OF LAND, lying in Pittsylvania, on Banister river estimated to contain 1717 acres more or less, whereon the widow of John Markham and others now reside, or as much thereof as will be sufficient to raise the sum of £871 3 5. with interest from the 10th day of June, 1806, on £405 13 6, part thereof until payment, and interest on £400, also part thereof during the same period, the expenses of sale and the costs of suit.  Robt. Hastings, son of Edward. Thos. Woolridge, senior, Edward Friend, Allen Whitworth. June 25, 1807
The sale of the above property is postponed until Monday the 2d day of November next, when it will certainly take place.  Robert Hastings, son of Edward. Thos. Woolridge, senior. Edward Friend, Allen Whitworth. October 10, 1807. 1f
Buckingham County, August Term, 1807. Joseph Fuqua, Stephen Fuqua, Moses Fuqua, Aaron Fuqua, John Flood and Mary his wife, and Erasmus Jones and Amy his wife, plaintiffs. vs. Noah Flood, administrator of Elizabeth Fuqua, deceased, and John Goode and Judith his wife, defendants.  ON the motion of the plaintiffs by their counsel, and it appearing to the court that the defendants John Goode and Judith his wife are not inhabitants of this state; It is ordered, that unless they appear here on or before November court next and answer the bill of the plaintiffs, the court will then proceed to take the same for confessed as to them, and decree the matter thereof accordingly; and that a copy of this order be forthwith published in some public newspaper of the city of Richmond for two months successively, and another copy be posted up at the front door of the courthouse of this county.  A copy, Teste, R. Eldridge, jr. d. c.
Encouragement of Literature. BY AUTHORITY. Scheme of a Lottery, FOR THE BENEFIT OF ST. MARY'S COLLEGE, FOR BALTIMORE.     Dollars. Dollars.     1 Prize of 30,000   15 1000 15,000   2 do 10,000 20,000   2 do 5,000 10,000   5 do 1,600 8,000   10 do 800 8,000   20 do 400 8,000   100 do 100 10,000   150 do 50 7,500   7000 do 12 84,000   7291 Prizes, 190,500   Stationary Premiums 24,500   14209 Blanks.—Not two to a Prize. 215,000   21500 Tickets, at 10 Dollars each, 215,000    Arrangement of Stationary Premiums, viz.     1st drawn Blank, Dollars 506   1st ditto after 2,000 are drawn, 1000   1st do after 4,000 1000   1st do after 6,000 1500   1st do after 8,000 1500   1st do after 10,000 1500   1st do after 12,000 1500   1st do after 14,000 1500   1st do after 16,000 1500   1st do after 18,000 1500   1st do after 20,000 1500   Last drawn Blank, 10,000   Dollars 24,500    15 per cent. on 215000 Dollars, is 32,250 Sum to be raised by the Lottery, 30,000 Expenses of the Lottery, 2,250 32,250
THE prevailing disposition to encourage the progress of Literature, the peculiar favor which St. MARY'S COLLEGE has enjoyed, and the many splendid chances offered to adventurers by the above Scheme, induce the Managers to anticipate a rapid sale of the Tickets. The Drawing will commence as soon as a sufficient number is sold to authorize it. The Managers have given bond to the State in the penalty of sixty thousand Dollars for the faithful payment of the prizes, which will be paid, subject to a deduction of fifteen per cent. thirty days after the Drawing is finished.—Prizes not demanded within a twelve-month from the completion of the Drawing, will be considered as a donation to the College.  TICKETS to be had of the Managers, or of such persons as may be authorized by them.
TICKETS in the above Lottery for Sale by GALLEGO, RICHARD & Co. At a Court of Quarterly Session, held for Cumberland County, the 28th day of July, 1807. George Bernard & Co. Plaintiffs. vs. Joshua Glover, Howell Thomas and Walter Jones, Defendants.  IT appearing to the satisfaction of the court, that one of the defendants, Joshua Glover, is not an inhabitant of this state; on the motion of the said complainant by his counsel, It is ordered, that the said Joshua Glover, do appear here on the 4th Monday in October next, to answer the complainants' bill, and that a copy of this order be forthwith inserted in one of the Virginia Gazettes, for two months successively, and published at the door of the courthouse of this county.  A Copy, Teste, Miller Woodson, jr. D. C.
The Imported Horse Bedford, So noted for getting capital racers, will stand the next season at my stable in Chesterfield county. Further particulars will be made known before the season commences.  THOMAS BRANCH. 14th October, 1807
A House and Lots FOR SALE THE subscriber offers for sale three valuable LOTS OF GROUND in the city of Williamsburg; on which there is a large and commodious dwelling house, (containing eight good rooms, and two large passages) together with a good garden a stable, and all necessary out houses for the use of a genteel family.  Any person desirous of purchasing, will please to apply to William Mansfield, Esq. in this city, who will make known the terms of sale, and is authorized to conclude the bargain. Possession will be delivered to the purchaser on the 10th day of January next.  Anna Byrd. Richmond, September 12, 1807. 1f
Notice. ALL those having claims against the estate of the late Wm. F. Ast. are requested to bring them forward properly authenticated, on or before the fifteenth November next to the subscriber, in order that arrangements may be made for their payment as far as his personal estate will go to discharge the same—and those who are indebted to said estate are requested to make immediate payment, as no indulgence can be given.  Henry J. Arnhold, Adm'r. Richmond, 15th October, 1807. 1f
FOR SALE. ON Thursday the 12th day of November next, at the late dwelling house of Zachariah Tatem, dec'd near Goode's bridge in Chesterfield county, will be Sold, at Public Auction, the following PROPERTY , belonging to the estate of the decedent, consisting of a valuable stock of Horses, Cattle, Hogs and Sheep, the Household and Kitchen Furniture, a new and elegant Chariot and the Plantation Utensils.—It is probable that necessity will compel the administrators at the same time to dispose of several valuable NEGROES. Credit will be given until the 15th day of April next, for all sums exceeding twenty dollars, upon the purchasers giving bond and approved security bearing interest from the day of sale, but which will be remitted if the principal is punctually paid. All those who have legal claims against the estate will be pleased to exhibit them duly authenticated on or before the day of sale, to enable the administrators to make provision for their payment—Those who are indebted to the estate will see the necessity of immediate payment as it must be evident no indulgence can be given.  MATT'W CLEATHAM } Adm'rs THOMAS BRANCH, } October 22, 1807 1f
NOTICE, that a petition will be presented to the next General Assembly of Virginia, praying that Ann F. Irvine, adm'x of Walter Irvine, etc. may have leave to sell a tract of land in the county of Buckingham; also a house and lot in the town of New Canton.  Oct 15, 1807
NOTICE is hereby given, that a petition will be presented to the next General Assembly of the Commonwealth of Virginia, praying that the right of the said commonwealth to the real estate of Wm. F. Ast. dec. who died intestate, may be released for the benefit of his Nephew, Henry J. Arnhold, who is an alien, having only resided three years in this state, the whole of that time in this city, who prays to become a citizen under the same act.  Richmond, October 12, 1807. 1f
Notice is hereby given, THAT a Petition will be presented to the next General Assembly of the state of Virginia, for leave to build a Toll-Bridge from the landing of Francis I. James to the opposite shore, across the mill pond of I. & E. Cunningham, obstructing a great market road, leading from the upper country to the city of Richmond.  Cumberland 3d Oct. 1807. 1f
Five Dollars reward. RAN away, the 19th September, 1807, from the subscriber, residing in the county of Charlotte, a likely Negro Woman, named CRITTY, about thirty years of age; she is a small bright complected negro, was raised in Chesterfield near Manchester, has a large scar on her forehead about the edge of her hair, & likewise on her neck and shoulders. If any person or persons will return her to me, or give me any information so that I can get her again shall receive the above reward.  Benjamin Marshall. 11th October, 1807. 3w
NOTICE is hereby given, that a petition will be presented to the next General Assembly, praying for the establishment of a Toll Bridge across the Pamunkey river, on the great post road, at the place called Littlepage's, near Hanover courthouse.  October 15th, 1807. 3t
ADVERTISEMENT. Just Received, a General Assortment of Dutch Bolting Cloth, Of a superior quality.  J. Darmsdatt. Oct. 22, 1807. 1f
FOR CASH, TEN or fifteen likely young NEGROES, consisting of men, women, and children. For terms apply to Mr. Daniel Mayo (above the court house) where they may be seen, or the subscriber.  JOHN CRUMP. Pewhatten, October 14, 1807. 1f
Ten Dollars reward. DESERTED from the service of the Public Guard stationed in this place JAMES MCGOWAN, a private in said guard; he is a native of Scotland, which is easily perceived from his speech, as he has not yet lost the Scotch pronunciation. He is about 5 feet 8 inches high, black hair, grey eyes, dark complexion and knock-kneed; it is uncertain what his dress was at the time of his deserting, as he had different clothing exclusive of his uniform. He deserted on the night between the 4th and 5th inst.  Peter Crutchfield, c. p. g. Richmond, 6th Oct. 1807.