Virginia Argus (Richmond, Va.), 1804-12-26 00:00:00

VIRGINIA ARGUS
[VOL. XII.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1116.]
RICHMOND:—PRINTED (ON WEDNESDAYS AND SATURDAYS) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
[Four Dollars Per Annum...paid in advance.]
WEDNESDAY, DECEMBER 25, 1804.
[12 1-2 Cents Single.]
FOR SALE, By Edward Hallam, At his Grocery Store, opposite the Swan Tavern 5000 Wt. excellent Salt Petre Bacon. Patent Shot, by the bag or 100. Madeira, Teneriffe and Sherry Wines. Antigua, Jamaica and New-England Rum. Cognac Brandy and Whiskey. Philadelphia Porter, by the bbl. 3 doz. each. Coffee by the bag—Molasses by the bbl. Loaf & brown Sugar—Hyson & Imperial Teas. 9 by 11 and 10 by 12 Window Glass. Bar Iron, Irish Potatoes, &c. The above articles will be sold low for ready pay. April 23, 1804. The subscriber has just received six thousand weight of first quality.
New-England Cheese, Which he will dispose of on moderate terms. On the 22d day of September next, it will be SOLD, at Diassum Bridge, to the highest bidder, for ready money.
A TRACT OF LAND Containing about 425 acres, lying partly in New-Kent and partly in James City county, on each side of Diassum creek, and extending below the bridge, whereon Lewis A. Pauly, esq. formerly resided—The dwelling house thereon is a large, new and commodious one; the store house, granary and various other houses are all in good order. The quality of the soil is such as is usually found on Chickahominy, and both a tavern and store, it is believed, may be kept there to advantage. This valuable property is to be sold at the request of John L. Dormoy, esq. under a deed of trust made to the undersigned by Lewis A. Pauly, esq. to secure the payment of £500, with interest to the said Dormoy—the deed is recorded in the General Court. In the same deed a moiety, of a LOT in Richmond is mentioned belonging to Mrs. Pauly, but as she did not execute the deed, that will not be offered for sale, and should she survive her husband, she will be entitled to a dower in the said tract of land, whereon it was deemed necessary to apprise those who might be induced to purchase. The sale will take place at one o'clock, or thereabout.
CHAMPION TRAVIS. JAMES SEMPLE. Williamsburg, Aug. 6, 1804. The sale of the above property is POSTPONED till the 28th December next, when it will take place at Diassum bridge. C. Travis. J. Semple. December 3, 1804.
Scheme of a Lottery, For the benefit of WILLIAM & MARY COLLEGE FIRST CLASS. 8000 Tickets at 10 dolls. - 80,000 2 Prizes, dolls. 10,000 - 20,000 60 of 500 - 30,000 2,000 of 15 - 30,000 80,000 Subject to a deduction of 15 per. ct. 12,000 Expense of drawing, - 2,000 Dollars, 10,000 First Ticket drawn, - Dolls. 500 Last drawn, - 10,000 1 other Prize of - 10,000 59 other Prizes of 500 dolls. 29,500 2,000 of 15 dollars, - 30,000 Dollars, 80,000 All tickets drawn blank may be renewed in the next class, at 10 dolls. each; the price of all others will be 15 dolls. All prizes of 15 dollars may be renewed for the next class, or paid, at the option of the person entitled. If they be not claimed within three months after the drawing commences, they will be considered as renewed in the second class. The drawing to commence in the city of Williamsburg, on the ____ day of ____, under the management of James Madison, John Bracken, William Nelson, Robert Greenhow, Burwell Bassett, Robert Saunders, Samuel Tyler, Champion Travis, William Lightfoot, Littleton W. Tazewell, George Tucker and James Semple.
SECOND CLASS. 5,938 Tickets at 10 dolls. 59,380 4,685 ditto at 15 dolls. 70,275 130,310 Deduct loss on 2,000 tickets renewed at 2-1-2 5,155 Dolls. 125,155 2 Prizes of 20,000 dolls. 40,000 2 ditto of 10,000 dolls. 20,000 3 ditto of 5,000 - 15,000 50 ditto of 1,000 - 50,000 1 ditto - 155 125,155 Deduct 10 per cent. 12,500 Expenses of drawing, 2,500 Sum raised, Dolls. 10,000 Ticket first drawn, Dolls. 1,000 Ticket last drawn, 20,000 One other prize of, 20,000 Two ditto of 10,000 20,000 3 ditto of 5,000 dolls. 15,000 49 ditto of 1,000 49,000 1 ditto 155 Dollars 125,155
TICKETS May be had of George Tucker, Thomas Taylor, and Samuel Pleasants, Jr. in Richmond; Robert Birchett, and William Leigh, Petersburg; Thomas Newton, Dr. Barrand, & Littleton W. Tazewell, Norfolk; Hugh Mercer, Fredericksburg; Henry Tucker, Winchester; Chapman Johnson, Staunton; and in all the towns in Virginia, and in many places in the country.
Foolscap & Letter Paper For sale at this office.
Fashionable MILLINERY and FANCY GOODS.
S. RAPHAEL, nearly opposite the Bell Tavern, has just received the latest London Fashions, via New-York and Philadelphia. consisting of Split Straw Bonnets - bord'd do Leghorn ditto - Cambricks Crape ditto - Brussels & French laces Gypsy Hats, Chip and Straw - Silk & damask Shawls Shags, plush & velvet do - Satinet & pic nic Veils Head Dresses & Wigs - Silk Gloves Laced Caps and Cloaks - Kid and Beaver do Colonial Muslin - Silk Cords and Tassels Mulmul do - Wreaths, silver, tinse, artificials, comforts, &c. &c. Floss worked and tam. - Also, an assortment of Cloths, Casimeres, Toilets, &c.
BY virtue of a deed of trust to us made, by John Hendrick, to satisfy a certain debt therein mentioned, to Paschal Meglason, will be sold, on Thursday the 27th instant, at Martha C. Drayton's, the following property, for cash, to wit:—One NEGRO GIRL named Jem; four head of Cattle; two Feather Beds, and one Horse, or as much of said property as will satisfy the said debt and costs. Anthony Webster, sen. } Trustees. Edward Webster, & } James Gills. Amelia, December 6th, 1804. The Trustees of the following Lottery hereby give notice, that on Thursday the 10th day of January next, they will certainly commence the drawing of the said Lottery at the Capitol in this City. Richmond Dec. 10th, 1804.
(By Authority.)
Scheme of a LOTTERY,
CLASS No. 1. To build an Academy in the City of Richmond 3750 Tickets at 10 dolls. each, dolls. 37,500 1 Prize of dolls. 5000 dolls. 5000 1 Do. 2000 2000 5 Do. 1000 5000 5 Do. 500 2500 10 Do. 300 3000 20 Do. 100 2000 1500 Do. 12 18000—37,500 1542 Prizes. 2208 Blanks. 3750 Tickets at 10 dolls. each. 1st drawn Ticket having a blank to its number after 2208 tickets are drawn, dolls. 1,000 Do. after 2500 do. are drawn, 1,000 Do. after 3000 do. are drawn, 1,000 Do. after 3500 do. are drawn, 1,000 Last drawn Ticket, 5,000 This Lottery has been authorised by the Legislature of Virginia, for the laudable purpose of erecting a Seminary of Learning in or near the Metropolis of this State. With this view, it is contemplated to raise 20,000 dollars, and 2,500 dollars is added, for defraying the expenses of drawing, &c. The trustees to insure success have divided the Lottery into four distinct classes so as to raise the sum contemplated by an annual Lottery, for four years, to raise every year 5,000 dollars, that the work may progress. The town of Boston (in the honor of its citizens) has public schools in which are about sixteen hundred pupils. The flourishing and increasing city of Richmond cannot boast of one public school. The Trustees of the Richmond Academy, have about thirteen acres of ground, nearly one half is accepted as a donation, and the remainder they have contracted for, on which they intend to erect the Academy. The site is elevated, healthy and beautiful.—Drs. William Foushee, William Duval, William Price (Register), and George Tucker, are appointed by the Trustees to sell and dispose of the tickets, who are authorized to appoint agents for the above purpose. The remaining Tickets may be had of the said committee, of Robert Mitchell, Esq. Mayor, Samuel Pleasants, Jr. William Price, and William Mosely, Treasurer.
FIFTY DOLLARS REWARD,
FOR apprehending DAVY and delivering him to me, near Spottsylvania courthouse, and detecting a villain that I do suspect. Davy went off the night of the 26th November last; he is about 22 years old, middle size, very black, and squints if observed nicely; has a scar on his left jaw occasioned by some defect in his teeth; he is left handed and has a scar on the fore knuckle of the same hand that perhaps is not well as yet, as it was very sore lately; he is a very good Blacksmith, and I expected may be employed in that business as he was more fond of that than any other occupation. The villain I suspected was seen with Davy the evening he went off, and the other went off the next morning, a pewter running with two very sorry nags, and only a dish, a plate and knife, and on the 9th day with the day he started, returned with two fine horses, one of them is supposed to be worth 100 dollars, and the other not so valuable, and has brought with him a good deal of cash both gold and silver, and a suit of clothes, all of which is too much for him to have made in the time by casting pewter. The villain I allude to, is a young man living near me, about 20 years old, middle size, thin visage, speaks slowly, and has been too familiar with my fellow for some time past; I do expect that the fellow has agreed to be sold to the choosing his master on trial, as this young man is gone out again perhaps to receive the balance of what he might sell him for, I cannot think the fellow would agree to be sold to any one without a trial. I do expect that both of them have changed their names, as I can make it appear that this young man has several times changed his name, to West, King and Lancey. The above reward will be given for apprehending both, but if I get the fellow only without detecting the other, I will give any reasonable satisfaction for the trouble and expense in bringing him to me; I also forewarn any person or persons from harboring or conveying him as I am determined to spare no pains in getting him. JOHN SMITH. December 12, 1804.
Congressional Register.
HOUSE OF REPRESENTATIVES.
Thursday, December 6.
DEBATE
On the bill for protecting the ports and harbours of the United States, and preserving peace on the waters within their jurisdiction.—(Continued.)
Mr. R. Griswold. The remarks of the gentleman have not proved to my mind that I was mistaken. He supposes in respect to the first idea I suggested, that Congress has a right under the constitution to call out the militia to execute the laws of a state, because a state being part of the union, so are its laws a part of the laws of the union. If this proposition is true, if the laws of a state are the laws of the union, they must bind the union, for it is the nature of laws to bind those upon whom they operate. Now will that gentleman tell me that the laws of a particular state are obligatory upon the whole union? The constitution does not bear along his idea; it only means that the laws passed by congress are the laws of the union. Of course no power is given by the constitution to call forth the militia to execute the laws of a particular state. He conceives that under that part of the constitution making provision against insurrections, congress might call forth the militia to suppress an insurrection against the authority of a state. Be that as it may, this bill does not contemplate calling out the militia for that purpose. It merely confines itself to the execution of a magistrate's warrant; therefore that part does not authorise the passing of a law of this kind. Mr. Griswold was aware that the militia might be drawn out to aid the civil arm, where it could not effect its object with the assistance of the posse comitatus; but he had always thought that the executive of the state authority was the proper organ to call forth the militia to execute their own laws. And are the states to be now deprived of this power? By the constitution congress has the power of organising, arming and disciplining the militia, and of governing such part of them as may be employed in the service of the United States; but, to the states is reserved the appointment of officers, and training, and he had ever understood that the states had the right of commanding their own militia and calling them forth to execute their own laws. Thus being the case, where is the necessity for congress under taking to legislate on this point? The states having competent authority for the purpose, why not leave it to the states? If any states should think it necessary to call out the militia, they could do it with as much dispatch and as effectually as the United States; and all of them, he believed, had laws for that purpose: if any of them had not, they would soon pass them if they saw their necessity.
To the second objection the gentleman has replied; but it cannot be conceived that a sheriff having a warrant can ever be justified in going out of his jurisdiction to execute it. He admits that the warrant shall not run into the state of Jersey; not because the constitution provides for reclaiming the offender, but because the jurisdiction of New York does not extend to the state of New Jersey. If this is a reason in that case, it must be a reason in this, and a sheriff cannot go within the jurisdiction of the United States to execute his warrant any more than he can go into that of a neighboring state. It is, perhaps, competent to congress to pass a law to return an offender that has fled from justice within their territory; but they cannot extend the state process beyond what the state itself directs. They may, perhaps, be authorised under the authority of exclusive legislation, to pass a law directing offenders who seek an asylum in the district of Columbia, to be delivered to an offended state: But that is not the object of the present bill, nor is there any provision of the kind contained therein. Entertaining these sentiments he moved to strike out the second section.
Mr. Nicholson. The gentleman does not consider the laws of the particular states as part of the laws of the United States, because they are not obligatory over the whole union. Mr. N. alleged that a law passed by a state conformable to its constitution was as obligatory over all the people of the union, who went into that jurisdiction, as a law passed by congress was obligatory over the whole people who resided within the United States. The laws passed for the government of the district of Columbia were also binding over the whole union, though they did not operate upon any person but those who are within the ten miles square. So the laws of every particular state are binding on the union pro tanto, for as much as they extend to—But the gentleman makes no remarks upon my second observation, that the United States have a right to allow the officers of a particular state to execute
their warrants within the exclusive territory and jurisdiction of the United States. The constitution does not prohibit us from exercising this authority, any more than the constitution of any state prohibits its legislature from granting a similar indulgence to its neighbor. If Jersey was to pass a law authorising the officers of New York to pursue an offender, and arrest him in the state of Jersey, could it be complained of, or would it be said that the act of a sheriff making such an arrest was illegal, and that resistance would be justifiable? In fact, Virginia and Maryland have actually such a mutual regulation, and a person escaping from justice may be arrested by the officer, under process from either state.
Mr. J. Randolph said there undoubtedly were difficulties arising out of this subject; but generally they had been satisfactorily answered by his friend from Maryland (Mr. N.) The situation of the United States in relation to the individual states, it is well known, differs from that of every other government under the sun. The waters in our harbors are generally under the jurisdiction of the state governments, while the mouths of those harbors are under the jurisdiction of the United States.—And if the position is true that the United States cannot authorise a state officer to execute his process, when an offender shall have escaped into the waters under the United States' jurisdiction on the case is irremediable. And it will be known that the most daring outrages committed within a state are to be passed by with impunity, if the criminal escapes beyond the state boundary into that of the union. This was a doctrine to which he never could accede. He saw no good reason why a state might not, as well have the privilege granted of executing its process within the jurisdiction of the United States, as of reclaiming offenders flying from justice into other parts of the union. He deemed it prudent to fortify the arm of the state with the strength of the United States. There is, however, one part of the clause that had not been satisfactorily supported to his mind. He did not understand how the congress could enjoin it upon a magistrate to call out the militia to execute a state warrant. He was not satisfied either as to the right, the constitutionality, or propriety of the measure. The constitution, when it speaks of calling out the militia, confines the object to three things, to execute the laws of the union, to suppress insurrections, and repel invasions—Congress may call forth the militia to execute the laws of the United States, but not to execute the laws of a particular state. The states individually have the right to call forth the militia of their own states, to execute their own laws, and the United States have also the power to call forth the whole militia of the union to execute the laws of the union. He had no doubt of the propriety of giving the states authority to execute their process within the limits of the United States' jurisdiction; but he doubted extremely the authority of congress to call out the militia for the purpose mentioned in the bill: that he conceived to belong to the state authority, and the state alone was competent to its execution.
The doctrine of the gentleman (Mr. R. Griswold) on another point was not to correct. It will be recollected that the individual states could neither raise an army, nor create a fleet; yet armed vessels may commit in our waters, and in our ports and harbors, the most violent outrages upon the persons and property of the citizens; and this miserable quibble is to enable them to elude a nation's justice; we cannot, we are told, extend the jurisdiction of a state nor aid her with the national force; surely the lives and fortunes of our citizens are not thus tamely to be sacrificed.
Suppose murder to be committed in the harbor of New York by a citizen or a foreigner not belonging to an armed vessel. This may be considered as a crime against the state, and which the state authority is competent to punish. But if murder is committed by the crew of an armed vessel, is not such an armed force equivalent to an invading foe? If a man came from Canada into Vermont, and was to commit a similar outrage, would not the civil power of the state apprehend him, and punish him with death, if his crime was of such enormity as to require it? And shall an armed vessel be permitted to outrage the person and property of our citizens on the Atlantic shores, because she has the strength? He would be glad to see a remedy more complete than the one mentioned in this bill: he would like to see such a force not repelled by the civil arm, but force by force. He would like to see the armed vessels employed in disturbing our peaceful commerce blown out of the water. He would wish to see our American officers and seamen lying yard arm and yard arm in the attack, and the question of peace or war staked on the issue, if the conduct of such marauders was justified by the government of the nation to
which they belonged—This language may appear different from what he had constantly used; but our situation was also different. Heretofore, he was not disposed to engage in hostilities for the protection of our navigation; but we then had no maritime force. We have since created one; if we had no navy, we could not meet them on the ocean; but having one he would apply it to the best purpose, that of efficaciously defending our ports and harbors, and would struggle till the whole of our marine was annihilated, if in the contest Britain should not leave us a single ship; though we lost all, we should not lose our national honor; though we should not beat her on the ocean we should save our reputation.—But to suffer insult to be added to injury is indeed a degradation of national honor, and ought never to be borne with, let it come from any nation whatever.
Mr. R. Griswold did not say that congress had not power to authorise the individual states to send their process into the territory under the jurisdiction of the United States. That point could not be a question on this bill, because that power is no where proposed to be given. The objection was, that without having given the state power to send its process within the United States jurisdiction, you say that if the person making the arrest, the person intended to be arrested shall be killed within the jurisdiction of the United States it shall be justified, or if any person aiding the sheriff be killed by those resisting the civil authority, they shall be punished as in cases of felonious homicide. He was desirous that some efficacious mode of resisting or repelling the aggressions upon our commerce could be adopted, and the peace and security of our country effectually secured for the future.
Mr. Elliot. The question has some traits of peculiar importance, and it would be desirable at all times to harmonise the conflicting claims of the state and general governments. He could have wished that the doubts upon his mind had been dispelled by the ingenious explanation of the gentleman from Maryland (Mr. Nicholson) But instead of being dispelled they were materially strengthened by his observations. We are told that the laws of the union embrace the laws of the individual states. That the constitution gives us power to call forth the militia to execute the laws of the union; but it no where says that we may call forth the militia to execute the laws of the particular states; are the state laws then, laws of the union? One gentleman affirms that they are, and another gentleman denies it. Let us enquire for a moment what is the meaning of the phrase union. The first paragraph of the constitution says, We the people of the United States, in order to form a more perfect union: again, New state may be admitted by congress into this union; and in section 4, article 4. The United States shall guarantee to every state in this union a republican form of government. Surely it means the combination of the whole, and those only are the laws of the union which are made by the representatives of the whole union. If the laws of individual states are laws of the union, because a state is a part of the union, then every bye-law of every city, borough, town, or corporation of the United States are laws of the union, for these also are parts of a state, in the union. How stands the question now? By the constitution you have no power to execute a state law; yet you assume that power if you pass this bill. It is said the state laws are binding over the union. They are only binding on those who reside or come within the limits of the state, and not on citizens residing and remaining in other states without their limits. An inhabitant of Jersey is not bound by the laws of New York, while he remains on this side of North river. You might as well say that the state laws were binding upon the universe, for a state is a part of the universe.
Mr. J. Clay suggested to Mr. R. Griswold to vary his motion so as to strike out only that part of the section which related to the call of the militia by a state magistrate, and let all that relates to the army and navy stand. For although a state had the power of calling out its own militia to enforce the execution of her own laws, yet she could not call upon the regular troops or navy of the United States, & this force be considered as a necessary aid in the cases alluded to in the bill.
Mr. R. Griswold intended, if the section was struck out, to introduce a new one in its stead, declaring that a state process may be executed within the jurisdiction of the United States on the sea board, and then adding a permission to the state to call in the aid of the army and fleet of the union.
Mr. J. Randolph asked if he understood the gentleman right. Did he mean to authorise the state officer to execute his process within the United States jurisdiction, and make the killing of the officer or his assistant a felonious homicide?

Mr. R. Griswold meant to give the power to the state officer expressly, and in that case, if resistance be made, most undoubtedly it is felonious homicide.
Mr. Nicholson was not convinced by anything which had been said, that congress have not the authority to call out the militia in order to secure the execution of the state laws; but he was not generally tenacious of his opinions, and he would be the last man in the world to give his assent to the assumption of powers not granted by the constitution, and if any reasonable doubt existed he would certainly refrain from pressing the question. He had no objection to the alteration proposed by the gentleman from Pennsylvania (Mr. Clay) but he could not consent to strike out the whole section, as he conceived it gave the very authority contended for by the gentleman from Connecticut. He wished the bill to be rendered as efficacious as possible, and in order to remove the objection raised by doubts as to the constitutionality on account of calling forth the militia, he was willing to strike that part from the bill.
Mr. G. W. Campbell—This section contains a principle of much importance, though not yet touched upon by any of the gentlemen who have been engaged in the discussion; and the manner in which the house may now decide thereon will go to fix a precedent upon which the freedom and independence of the individual states may be placed in jeopardy.
The first object in the section is to authorise a state officer, acting under the state authority, to go beyond the limits of such, and of course beyond its jurisdiction, to execute state process upon an offender escaping from justice. He did not believe that the United States were competent to give such authority, or that the United States could extend the laws of the several states beyond the boundaries of the state for which they had been enacted. For this reason he meant to oppose giving this authority to a state officer, but he would be clearly in favor of making such provision as would more effectually preserve peace in the ports and harbours and waters of the United States, and at the same time remove the doubts suggested by gentlemen on both sides. He would be for introducing into the bill, instead of the present section, a provision, that when such a crime shall have been committed, and the party charged had escaped into the United States jurisdiction, the state officer having received the state process might exhibit the same to a proper officer of the United States, who should issue a new warrant, and upon such warrant the offender escaping should be arrested. This he conceived to be the only mode in which congress had a constitutional right to reach their object, or to aid the state government in apprehending offenders. He was clearly of opinion that the powers of a sheriff could only correspond with those vested by the writ, which never did more than command the person to be taken, if he be found within your bailiwick or county; if you extend his powers in the manner contemplated in the bill, the state officers of Philadelphia, will be despatched with state process to execute in Charleston.
He had always been of opinion that each state had a right to call out its own militia, to carry into effect their own laws, and that the United States cannot require it of any state officer to call forth the militia to carry into effect the laws of such state; but he was also of opinion that congress may authorise a state officer to call upon the United States officers to aid in the apprehension of fugitives from justice; but here we could only authorise them, and not compel them to make such call; if we could we should annihilate the very existence of the state governments. This provision being made he would go further, though he was not willing to authorise every justice of peace to call to his aid the military and naval forces of the United States, yet he was inclined to draw out this force whenever it became necessary, under the direction of a proper officer to carry into execution a state process, where a state was incompetent to that object.
He would briefly mention another objection. It was to that part of the section which relates to punishment in case of resistance. He conceived this to be altogether unnecessary. When the United States authorise their officer to execute a process, he is armed with all the requisite power for its requisite power for its accomplishment, and as long as he acts within the authority given to him he will be justified in his conduct, and all who oppose him will be guilty of such a crime as is known to the laws in the quarter where opposition may be given. This part of the bill appeared to him to be unnecessary, and if unnecessary it would be found also inconvenient. Whether the killing of the officer or his assistants was murder or man-slaughter would be determined by the facts, and the punishment in either case would be found under the state law, adopted from the English law to which a court would have to turn for its decision.
Mr. Nicholson wished that gentlemen, before they found fault with the bill would pay a more particular attention to its provisions. The gentleman last up had supposed this bill enjoined upon the state officer, as a duty, that he should call in the aid of a military force to execute the state laws. That was not the case; the bill only says it shall be lawful for him so to do. It was observed some days since that our statutes affixed a punishment to the offence of resisting a civil process consisting of fine and imprisonment; but this
being a different crime when attended with killing, it became necessary in order to remove doubts as to what punishment should be inflicted, that it be simplified and expressed in the law itself. He held himself ready to agree to the amendments suggested by the gentleman from Pennsylvania, (Mr. Clay) which he expected would satisfy every member, except the gentleman last up from Tennessee.
Mr. Nelson took this opportunity of expressing, in the most public and most explicit manner, that he should on all occasions vote against every measure which went to aggrandize the power of the United States at the expense of the individual state governments, or the authority of the people. It is at this day admitted, that the general government have no other powers or jurisdiction than what are granted by the people in the constitution; that the powers not delegated therein, or prohibited by it to the states, are reserved to the states respectively, or to the people. The section before the committee contains two important regulations—one of which he considered as just and proper; the other not, as warranted by the constitution—Nay, it would be a dire infringement upon the rights of the individual states. The section contemplates giving authority to the state officers to call out the militia of the state to execute its own laws, and thereby take the command of that force out of the hands of the executive authority, where the state constitutions generally placed it. He admitted the right of Congress to call forth the militia in cases of invasion or insurrection, and to execute the laws of the Union; but exclusively of these cases authorised by the constitution, he was bold to say Congress had no right to interfere with calling the militia into service. The command of the militia, he considered as a sovereign power, and as such it could not be exercised by two sovereign authorities; as that would destroy the very idea of sovereignty, which was an exclusion of all other authority than one; the state executive could not call forth the militia, and the Congress exercise the like power at the same time. He should always hold up his hand against such interference with the state sovereignities, or an assumption of power by Congress, in this case, as well as other analogous cases.
Some gentlemen have entertained doubts, whether Congress have power to authorise a state officer to execute process within the United States jurisdiction; if Congress have exclusive jurisdiction, it is competent for them to point out the manner in which it shall be conducted, and the persons by whom. The states of New-York and Connecticut may mutually agree that the process of each state may take effect in the other. This is a principle so plain, that it cannot be doubted, & it never ought to have been doubted, but what Congress may in like manner permit a state process to be executed within its exclusive jurisdiction.
His colleague (Mr. Nicholson) had made a distinction, on enjoining it upon a state officer to call out the militia, and said that only gave him the power to do so, if he deemed it requisite. It is true, that it is not enjoined as a duty, but it is nevertheless equally true, that you assume to take away the power of a governor of a state and give the authority to a justice of peace, intended by the state constitutions to be exclusively within executive and legislative control. He should therefore vote in favor of striking out that part of the section, giving to judges or justices the power of calling out the militia, while he meant to favor that part extending the power to the civil officer of the state to make an arrest within the territory of the United States, or waters under its jurisdiction, in cases of fugitives from justice.
Mr. Dana had no objection to the second part of the clause, so far as it went to preserve peace in our ports and harbors, or maintain the rights of a state against every foreign aggression whatever. The general idea of combining the force of the United States and the force of an individual state, he thought unobjectionable as to its principle, and gentlemen differed merely as to the detail. True, the manner of conducting this operation was important, and required deliberation in order to avoid the establishment of a precedent, which might hereafter be drawn out to support an unconstitutional authority. In respect to the first point, calling forth the militia to execute the state laws, he did not see that it need be considered as an insuperable impediment; because although the United States could not call them forth to execute a state law, yet the states themselves possessed the power, & would not doubt provide for its efficacious exercise in carrying their respective laws into full effect. But a doctrine, that had been broached for the first time in the course of this debate, was a subject of an alarming tendency, and in his opinion was contrary to the whole scope of the constitutional powers granted to the general government of the Union. It is said that the laws of particular states are laws of the United States because the states are a part of the Union. The constitution declares it to be the duty of the President to take care that the laws be faithfully executed, and he is to commission all officers of the United States. Is it meant that the President shall see to the execution of the laws of each particular state? This will give a vast range to Presidential authority. But this is not all; for if you extend your view to the end of this consideration, it will be found that the judicial authority is so extensive, and they will pass judgment of right upon the state laws. It is very well known that the laws of the several states are of two kinds; part statute, and part common law; and this will extend their jurisdiction to all cases arising at common law. Grant this sweeping clause its whole range, and it will enable the courts of the United States to draw every litigated subject within their own cognizance; this is a step which surely gentlemen are not prepared to take at this time.
With respect to the latter part of the section, he was prepared to go the whole length. He would furnish the whole force of the U. States to support the peace and independence of the states, and to vindicate lawful commercial pursuits against any or every nation that dare attack them. He assented to the position of the gentleman from Virginia, (Mr. J. Randolph) and was willing to risk the question of peace or war upon the issue. He was not anxious to strike out the section; he did not know but it might be as well to recommit it.
Mr. G. W. Campbell explained in what he conceived he had been mistaken by Mr. Nicholson, and declared his willingness to go as far in the protection of our commerce, and preserving peace within our waters, as any gentleman on the floor; the only point in variance was as to the mode. He wished it might be done in conformity to established principles in law and in right reason, keeping altogether clear of constitutional embarrassment.
The question on striking out the second section of the bill was carried in the affirmative, 61 being in favor of, and 41 against it.
A motion was then made by Mr. R. Griswold for the committee to rise and report the bill, with a view to its recommitment to a select committee. This being negatived.
The committee continued discussing the details of the bill. Mr. J. Clay proposed to amend the bill by declaring that all unlawful search, or other vexation, or impressment of any of the crew of trading ves-
sels coming to or going from the United States should be punished in the manner defined in the 5th section.
Upon some desultory conversation, and it appearing that the idea embraced by the amendment was provided for by other words in the bill, the amendment was lost.
Mr. J. Randolph observed that it was not surprising so much variation in sentiment had been disclosed. On the contrary he was surprised there had been so little. For he conceived it the most arduous task that had ever involved upon a committee to report at once a bill perfectly satisfactory in its details on a subject as novel as it was important. The great difficulty was in providing against the clashing of the two jurisdictions in the execution of a state process. He thought it would be best to create the offence, and leave to the state the mode of punishment in ordinary cases; but where offences were committed by foreign armed vessels he conceived the United States and the states might have a concurrent jurisdiction.
The committee rose and reported, and the business took the course marked in our Register.
Monday, December 1808 Monday, December 10. Debate on the bill for establishing a Court for the adjudication of prize causes in certain cases.
Mr. R. Griswold said there was some difficulty occurred to his mind in the very outset of the bill. The constitution of the United States declares that all their judges shall hold their offices during good behaviour. Yet the first section of the bill declares that the judge of this court shall hold his office during the existence of the war between the United States and any of the predatory powers of the states of Barbary, and the 9th section goes still further, in abridging the duration of the office, by giving power to the president to abolish the court when he may think proper. By the constitution the president is empowered to nominate, and by and with the advice of the senate to appoint judges; but no where by that instrument, is he authorised to abolish a court or annihilate the office of a judge of the admiralty, as this section attempted to authorise him to do. He asked the gentleman who reported the bill to justify this arrangement of a judge of admiralty holding his office either during a war, or at the discretion of the president. In order to try the principle he moved to strike out the first section of the bill.
Mr. Rodney did not know that he had it in his power to satisfy the scruples of the gentleman from Connecticut, but if he had, he would endeavor to remove them. He considered this case as one sui generis dependant upon its own peculiar circumstances; and he should not bring into view the question extremely analogous, which had been so much controverted a few years back, but had been then set at rest, namely, that judges, appointed under the law of the U. States when once the courts were abolished and their jurisdiction taken from them, shall not still continue judges of the land, and receive a salary for being idle, or worse than idle.
The case of last session, in forming a temporary government for the Louisiana territory, was precisely on the principle of the bill, and the gentleman will find upon inspecting the law that the judges in that territory only hold their offices for four years. The tenure in that case is a term of years, and is surely as strong a case as the one to be provided for by the bill, both courts being erected, or to be erected, out of the original limits of the United States at the time of adopting the constitution; and he believed the constitution when it declared that the judges of the supreme court and inferior courts should hold their offices during good behaviour, confined itself to the then territory of the union and not to judges out of the United States. There is another section of the constitution which gives to congress the power to make all laws necessary for carrying into execution the other powers granted by that instrument, and under this power it becomes congress to make provisional regulations for temporary contingencies, and we are authorised to establish a temporary judiciary out of the United States, because the exigency occasioned by the exercise of the constitutional power of declaring war imperiously calls for it. Without such a provision as that contemplated in the bill, our gallant tars would be fighting to little effect, if there was no judicial authority for condemnation of Tripolitan vessels after capture. The terms of the constitution do not apply to cases of this kind. This question was talked over in the select committee and the committee were unanimous, that we were as much at liberty to fix the duration of the judge's office in this case, as we were to fix the term of four years as the period of the establishment of the courts in Louisiana.
Mr. R. Griswold said the case did not compare. The judiciary power vested in the judges of the territory of Louisiana, was not that judiciary power of the United States mentioned in the constitution, and therefore the variation of the tenure might be justified; but in the present case they were about to vest a judge with the proper constitutional power of an United States judge, exercising admiralty jurisdiction, which is a regular judiciary power of the United States; and although it was to be exercised out of the territory of the United States, it was nevertheless the power alluded to in the constitution, and an inferior court to be established by congress, the judge of which is to hold his office during good behaviour; and no gentleman on that floor could deny that this judge was bound in his decisions by the laws of the United States binding on the district, and other judges of the union. He did not see that the point he had made out on the present question was the same as that alluded to in the repeal of the late judiciary
law; what was then contended for was the repeal of the law, and not whether congress had the power of removing the judges. The present was not repealing a law in order to abrogate the office, but it was creating a new court and providing for the appointment of a judge thereto, who by the constitution is to hold his office in that court during good behaviour. Yet this bill declares that the office shall be limited to the war with the Barbary powers. He did not think that the measure was warranted by the constitution.
Mr. J. Randolph said that this was an old question in a new shape, it was not in the same words, but it turned upon the same pivot. If congress possessed the power when a court became useless to abolish it, certainly they had the power when creating a court for a particular purpose to declare that, when that purpose was answered, the court should be discontinued. Where was the difference between creating a judicial court now and at the end of the Tripolitan war (or any definite period of time) annulling it, and specifying in the law creating the court that it should cease and be discontinued at the end of the Tripolitan war, or at any definite time hereafter? So far as related to the judges there was more of speciousness in the claim of him who entered into an office the term of whose existence was not defined in the law creating it, than of him who knew when he accepted an appointment that on a certain contingency or at a certain time his office was to cease and be discontinued.
In regard to the ninth section, without seeing it in the very objectionable point of light in which it was viewed by the gentleman from Connecticut, he thought the bill would be as well without it. Whatever might be the relative situation which he might hold on that floor, he should always be averse to an unnecessary accumulation of patronage and power in the hands of the executive. The salary bill the next session of congress, supposing peace in the mean time to be made with Tripoli, was no object.
Mr. Elliot did not view the subject in the same point of light as the gentleman who had preceded him. He did not consider the first section as limiting the duration of the court, but merely authorising the President by and with the advice of the senate to appoint a judge of admiralty in the territory of some foreign nation at war with the same nation with which we are now at war. But the 9th section gave the President the power of abolishing this court after it should be established. He would never consent to give the President the power to abrogate any judicial tribunal whatever. He should therefore vote for retaining the first section and subsequently for striking out the 9th.
Mr. Nelson as one of the committee who had reported the bill, begged to be permitted to assign some reasons in its defence. He did not pretend to understand the forms of proceeding in this body. The short time he had had the honor of a seat on this floor forbade his aspiring to that knowledge; but in all the legislative bodies with which he was acquainted, it is not deemed parliamentary to argue against the first section of a bill that the last section is imperfect or incorrect. When a bill is to be considered by sections, the merits or demerits of each is to be considered by itself. Now the first section does not fix the time at which the law shall expire or the office shall cease; and although the constitution says that judges shall hold their offices during good behaviour, who is there here that can say that this office may not last during the life of the judge, nay, may not last to the end of time, for no man can say when the war will end. But admitting it to be, in order to refer to the 9th section while discussing the first, he would ask how did that infringe the constitution? The power to abolish the office is fixed somewhere, and when once abolished, and the officer left with nothing to do; will it be yet contended that he shall still be entitled to receive his salary? Does the constitution prohibit Congress from making a judge a justice, or a commissioner, call him what you please, on an extraordinary emergency, and insist upon his holding such office during good behaviour? He had always construed differently. The idea of a tenure during good behaviour in the office of a judge was borrowed from England, and there it was considered as a great point gained over the crown, by which they were appointed & upon which they had heretofore been wholly dependant. But was it ever contended that the British parliament, including king, lords, and commons, were incompetent to dismiss them from their seats; it never was so contended, nor it never can be so contended with success; and though here the President has not the power to remove inferior judges, yet the legislature may remove them with their offices, and the body of the people may remove them by an expression of their sovereign will; but perhaps these remarks are unnecessary and need not be dwelt upon. He would vote against striking out the clause.
The question was taken on striking out the first section, and lost without a division.
Mr. Lucas moved to strike out the 9th section, and assigned for reason that Congress ought not to attempt to do that indirectly which could not be done directly, the fundamental principle of the constitution was the separation of the powers of the government. The judge therefore ought to be independent of the executive for the tenure of his office; by this section he is rendered altogether dependent upon the will of the President. There is
no limitation as to the time or to the power which the executive may exercise over the judge. He may not hold his office even during the present war, for during the present war it is only made lawful for the President to appoint such an officer, and by this section it is also made lawful for him to abolish the same when in his opinion it shall be proper so to do. It may be said that the judge cannot be removed, unless the court is suppressed; this is but an evasion, for the President has not the power of actually removing him, yet he can virtually do so, and the effect upon the judge is exactly the same. This power is unconstitutional in itself, and dangerous as a precedent. He hoped it would not be granted—nor did he see any necessity for it on the ground of expediency, even supposing Congress had a right to vest the power in a President. It is well known that Congress are enjoined by the constitution to meet annually, and if the usefulness of the judge should cease on the cessation of the war, the inconveniences which may ensue, or the expense which might accrue, would be short and inconsiderable; for Congress will meet in 9 months after the close of the present session. It will be therefore better to leave it to Congress to abolish this court when they see cause for it, than transfer the power into other hands.
To be continued.
Monday, December 17. The amendment proposed to the bill by the senate concerning drawbacks on goods, wares, and merchandise, exported from the district of Orleans, was ordered to lie on the table.
Mr. Gregg presented the petition of Hannah Crawford of Pennsylvania, praying relief in consideration of the loss of her husband who was killed in an action with the Indians whilst a colonel in the Virginia line during our revolutionary war.
Referred to the committee of claims.
A petition was presented by Catherine Harris of Baltimore county in Maryland, praying that compensation may be made for the services of her late husband whilst a soldier in the regiment of Royal Americans commanded by colonel Bouquet in the years 1760 and 1763.
Referred to the committee of claims.
A petition was presented from the inhabitants of Amelia county state of Virginia, praying that a post office may be established at the county courthouse. Referred to the committee on post offices and post roads.
The house resolved itself into a committee of the whole on the bill for establishing rules and articles for the government of the armies of the United States.
Mr. J. C. Smith in the Chair.
After going through the same the committee rose and reported the bill with amendments, the same were taken up in the house and agreed to, and the bill was ordered to be engrossed for a third reading on Friday next.
The house resumed the consideration of the amendment reported from the committee of the whole on the bill to regulate the clearance of armed merchant vessels. Some further amendments being made the bill was ordered to be engrossed for a third reading on Monday next, and in the mean time it was ordered to be printed.
On motion of Mr. Latimore a committee was appointed to consider what alteration if any was necessary to the Act regulating the grants of land and providing for the disposal of lands of the United States South of Tennessee; and authorised to report by bill or otherwise.
On the motion of Mr. J. Clay a committee of five were appointed to consider the petitions from Alexandria, Washington City and Georgetown, on the subject of erecting a permanent bridge across the Potomac.
On motion of Mr. Thompson the message of the President relating to the public buildings in Washington was referred to a committee of seven.
And then the house adjourned.
Tuesday, December 18.
An engrossed bill, respecting the clearance of armed merchant vessels, was read the third time; and on motion recommitted to a select committee.
The bill authorising the Marine Insurance Company of Alexandria, to extend their insurances to buildings, was read the second time, and ordered to be engrossed for a third reading to-morrow.
Wednesday, December 19.
A memorial of sundry manufacturers of refined sugar in the city and state of New-York, was read, praying that a drawback of duty may be allowed on the exportation to foreign countries, of sugar refined within the United States, equivalent to the duties on raw sugars employed in the manufacture of the refined sugar so exported, under such regulations as will tend effectually to secure the public revenue from injury in the amount and collection thereof.
The said memorial, together with the memorial of sundry merchants, ship-builders, farmers, planters and other persons concerned in navigation, residing in St. Mary's county in the state of Maryland, presented November 23d, 1803, and praying that the office of the collector of the district and port of Nanjemoy, may be removed to some convenient place on St. Mary's river, in the said state; and also, the memorial and petition of sundry merchants, farmers, planters, masters of vessels, owners, ship-husbands, and others of the district of Nanjemoy, in the state of Maryland, in opposition to the prayer of

the said recited memorial presented the tenth of January last, were ordered to be referred to the committee of commerce and manufactures.
A memorial of Anne Ledyard, of the state of New-York, widow and administratrix of Isaac Ledyard, deceased, was read, praying to be allowed the commutation of half pay due for the services of the deceased, as an hospital surgeon and assistant surgeon in the continental army during the revolutionary war with Great Britain, to which she conceives the legal representatives of the deceased are justly entitled by resolutions of Congress under the former government, and also, that a mistake made by the commissioner of army accounts, to the injury of the deceased in a settlement of his claims against the United States, amounting as is suggested by the memorialist, to a sum between eight hundred and one thousand dollars, may be rectified.
Referred to the committee of claims. The memorial and petition of Wm. T. Smith, of the city of Philadelphia, praying "that certain certificates of funded debt may be granted to him, in lieu of two loan office certificates heretofore issued in favor of the memorialist, by the commissioners of loans, of South Carolina and Georgia, respectively," presented on the 7th of February last, was referred to the committee of the whole house, to whom was committed on the 6th inst. the bill making further provision for extinguishing the debts due from the United States.
An engrossed bill to provide for completing the valuation of lands and dwelling houses, and the enumeration of slaves in South Carolina, and for other purposes, was read the third time and passed.
An engrossed bill giving power to the stock-holders of the marine insurance company of Alexandria to insure against fire, was read the third time and passed.
An engrossed bill to amend the act, entitled, "An act for the government and regulation of seamen in the merchants' service," was read the third time and passed.
The house, according to the order of the day resolved itself into a committee of the whole house, Mr. J. C. Smith in the chair, on the report of the committee of elections, of the 10th inst. to whom was referred, on the 30th ult. a petition of sundry citizens of the county of Washington, in the state of Pennsylvania, complaining of an undue election and return of John Hoge, to serve in this house as one of the representatives for said state.
After considerable debate the committee rose. The house proceeded to consider the said report of the committee of elections at the Clerk's table, and the same being twice read, in the words following, to wit: "That Wm. Hoge, member of the House of Representatives for the eighth Congress, having by letter to the governor of the state of Pennsylvania, dated the 15th of October, resigned his seat in Congress; the governor, in pursuance of the provisions made in the second section of the first article of the constitution of the United States, issued a writ of election to supply the vacancy which had thus taken place: That the said writ was issued on the 22d day of Oct. and the election directed to be held on the 24th of November, eleven days after the date of the said writ: That the writ was brought by the mail to the prothonotary's office in Washington, on the 30th of October, but not proclaimed by the sheriff till the 31st."
"It appears to the committee, that though by the second section of the first article of the constitution of the United States, it is made the duty of the Executive authority of the respective states to issue writs of election to fill vacancies, yet by the fourth section of the aforesaid article, it is made the duty of the legislature of each state to prescribe the times, places and manner for holding such elections. It appears, however, that several elections to supply vacancies in Congress, have been heretofore held in Pennsylvania, yet on examining the laws of that state, it appears that no law exists prescribing the times, places and manner of holding elections to supply such vacancies as may happen in the representation in Congress, and consequently if the election of John Hoge is, on this account, set aside, no election can be held to supply the vacancy until the legislature of the state enact a law for that purpose."
"By the law for the general election of representatives to Congress for Pennsylvania, the sheriff is to give thirty days notice before the election, and to make the returns within thirty days after it. This election is held nearly five months before the expiration of the existing Congress. By the law of said state for supplying vacancies in the state legislature, the Speakers of the respective Houses shall issue writs to supply vacancies that may happen, giving at least ten days notice. The governor, in the case now before the committee, has directed the election to be held on the same day, &c. on which the electors for President and Vice-President were to be chosen. There is no proof before the committee of any abuse in the manner of conducting the election in obedience to the writ issued by the governor."
"While the committee are of opinion, that the legislature of Pennsylvania ought to have appointed as near as might be the times, as well as the places and manner of holding elections to supply vacancies in Congress, and that in ordinary cases a longer period ought to intervene between the time of public notice and the day of holding the election, yet considering the special circumstances connected with the election of John Hoge, and particularly
that the election took place on the day fixed by the state legislature for the appointment of electors for the state of Pennsylvania, the committee are of opinion that John Hoge is entitled to a seat in this House."
So much as is contained in the last part of the 4th clause was again read in the words following, to wit:
"The committee are of opinion that John Hoge is entitled to a seat in this House."
And on the question that the House do concur with the committee of the whole House, in their agreement thereto.
It was carried—Yeas 69—Nays 38.
Thursday, December 20. The House resolved itself into a committee of the whole.
Mr. Varian in the chair.
On the bill to amend the Charter of Alexandria. The principal feature of this bill is the extension of the right of suffrage.
A motion to strike out the first section produced considerable debate; and was lost by a large majority.
The bill, after undergoing several subordinate amendments, was reported to House, who took it into immediate consideration, and ordered it to be engrossed for a third reading on Monday.
PHILADELPHIA, December 19.
DISTRESSING.
While we announce, with deep regret and commiseration, the affliction of a sister city, we conceive it our duty to seize hold of the melancholy occasion for admonishing our fellow citizens of every description to be vigilantly on their guard against a similar calamity.—Phil. Gaz.
DREADFUL FIRE!
FROM OUR CORRESPONDENTS.
New York, Dec. 19.
This morning before four o'clock, a fire commenced in a frame building in Front street, near the Coffee-house, which was not got under before forty valuable stores & dwelling houses were destroyed. Much property is lost—a million of dollars would not repair the damage. It unfortunately happened that the wind blew violently from the N. W. which rendered it impossible to arrest the progress of the devouring element, until all was swept before it, from the south side of Water-street to the river.
In Water-street, eight three-story brick houses are in ruins.—In Wall street, from the south side of Water street to the river, not a house is standing, including the Old Coffee house. On the opposite side of Wall-street 4 houses are burnt. In Flint-street, both sides of the street to Gouverneur's alley.
Bailey & Bogen's two new brick stores are burnt, including the whole of their valuable contents, books and papers. John Sullivan's store, goods, books and papers. John D. Martin the same. Joshua Jones several stores. The office of the Morning Chronicle, materials partly saved. Henry Wylie burnt out. Several vessels lying in the Coffee house slip received damage in their masts, sails and rigging.
Mr. Daniel Riker (a fireman) was dangerously hurt in the head, and bruised in the body by the falling of the eastern pediment of the Old Coffee house.
The following more circumstantial account is also from our correspondents.
The Old Coffee-house at the corner of Wall and Water streets, owned by the estate of George Douglass, jr. and occupied by Edward Bardin.
A 3 story brick house in Water-street, adjoining the Old Coffee house, owned and occupied by James B. Patterson.
A 3 story brick house adjoining the above, owned by James Maxwell, Esq. and occupied by John W. Winter & Co. Benj. Bailey, and B. F. Haskin.
A 3 story brick house adjoining the above, occupied by Isaac Gomez, owner—store occupied by Tharp and Lindo.
A 3 story brick house owned by Mr. Wallet, and occupied by Henry Wylie.
A 3 story brick house owned by Michael Price, occupied by the office of the Morning Chronicle, and by Edward Wilkie, a Pilot.
A 3 story brick house belonging to the estate of Hugh Stoker, occupied by Mr. Story.
In Wall street, west side.
A shop occupied by H. M. Dobbs, watch maker.—A house occupied by Mr. Daniels, vendue master.—A house occupied by Byrse and Smith, auctioneers.—A large wooden store the corner of Front-street, occupied by Hiddishend & Marschalk, and Christian White, sail maker.
In Front-street.
A frame store occupied by Wm. Bryer, tobacconist—and five other stores in this range, where the fire commenced.
A range of 5 wooden stores commencing the corner of Wall-street, all owned by John Jones, Esq. occupied by John A. Robertson, George Gibbs, James L. Seabury, Mr. Horton, Mr. Pollard, Samuel Brewer and others.
On the east side of Wall-street, a house owned by John Jones, occupied by Thos. Cevenagh, grocer, Mr. Hicks, mathematical instrument-maker; 1 do. owned by the same, and occupied by John Fisher, grocer; 1 do. occupied by Wm. Pellitt, as a tavern and grocery; 1 do. owned by the estate of Robert Bruce, occupied by Ebenezer Barry, as a tavern and boarding house; 1 do. owned by John Rathbone and Son; 1 do. occupied by the widow Werthworth as a porter-house.
South side of Front-street.
Text"> Two wooden stores, occupied by Joshua Jones, grocer, and James Forbes, commission-merchant, both owned by John Jones; 2 new fire-proof brick stores, owned and occupied by Bailey & Bogen, commission merchants; 1 wooden dwelling owned by Joshua Jones; 2 wooden stores, owned by Joshua Jones, and occupied by Bruce and Morrison, and Daniel Sullivan; 1 brick store owned by Joshua Jones and occupied by John R. Wheaton and John D. Martin; 1 wooden store owned by the estate of Isaac Gouverneur, and occupied by John Sullivan; 1 three story brick house corner of Gouverneur's alley, owned by the estate of Isaac Gouverneur; 1 do. adjoining, occupied by John Sullivan.
NORFOLK, Dec. 20.
Capt. Abbott, arrived yesterday from St. Martins in 15 days, informs that the town of St. Thomas was destroyed by fire on the night of the 25th ult.—Every house on the flats, from the east to the west end, were destroyed, four excepted. Several lives were lost in the conflagration, and property to an immense amount. Capt. Abbott further informs, that just before he sailed, news was received there of the arrival of 3 ships of the line, 6 frigates, and 3000 troops, at the islands of Martinique and Guadalupe, from France.
Lottery Notice.
G. & R. WAITE, solicitous of giving every adventurer an opportunity of purchasing at the present price of Seven Dollars a ticket, hereby notify, that tickets in the New-York State Lottery, No. 3, for the Encouragement of Literature, will advance on the 8th day of January next to Seven and a half Dollars each. Persons inclosing the cash at any time previous to that day, will have their orders punctually executed; and those who are fortunate in drawing prizes, by enclosing them in a letter directed to the Permanent Lottery Offices of G. & R. Waite, New-York, may depend on having the amount faithfully returned in cash, or warranted new-tickets.—Letters must be post paid. New-York, Jan. 1805.
Negroes for Sale.
ON Saturday the 5th of January next, at 12 o'clock, at the Eagle Tavern, in this city, will be sold, to the highest bidder, for cash or notes at sixty days, negotiable at the Bank of Virginia, three likely young NEGRO MEN, one a valuable Blacksmith, the other two first rate Coopers of good character. The above slaves belong to the estate of Col. Richard Adams deceased, and will be sold by instruction of the legatees. JOHN ADAMS, Adm'r. Richmond, Dec. 20, 1804.
NOTICE.
By virtue of two deeds of trust, executed to us by Robert Priddy, to secure the payment of debts due to John Rowe and William Priddy, will be sold, on the premises, for ready money, on Wednesday the 22d of August next.
The Tract of Land,
Whereon the said Robert Priddy now resides, containing upwards of four hundred acres, lying on the Three Notched road, fourteen miles from Richmond, where the turnpike by Deep Run Coal pits now extends. This land is well timbered, has buildings suitable for the accommodation of travellers, and is said to be a good stand for a tavern.
John Russell.
John W. Ellis.
14th July, 1804.
Wtds
The above sale is postponed till Saturday the 15th of January next, when it will certainly be sold, and possession given the 25th of December, 1805.
Dec. 25, 1804.
LAST DAY.
THIS day, December 25th, positively is the last day of exhibiting the best Collection of WAX FIGURES in America.
Admission 25 Cents—half price.
Sales at Auction.
WILL positively be sold, on Saturday next, the 29th instant, at 12 o'clock, on the premises, at Public Auction,
The Lot of Ground,
Near the Courthouse, on the river bank, with a commodious dwelling house, &c. thereon; the property of the estate of Patrick Wright, deceased, for known in the plan of the city by the No. 3.—Terms of sale one fourth cash; the balance in an endorsed negotiable note in the Bank of Virginia, at 90 days.
PROSSER & MONCURE, V. M. December 25th, 1804.
Sales at Auction.
WILL be sold, on Wednesday the 2d of January next, at 12 o'clock, on the premises, for approved negotiable notes in the Bank of Virginia, at 60 days,
Six very valuable Lots,
Known in Quesney's plan of the Academy or Theatre lots, Nos. 1, 4, 5, 6, 7, 9; the situation of which is inferior to very few if any lots in the city of Richmond. The plan may be seen at the office of the subscribers.
PROSSER & MONCURE, V. M. December 25th, 1804.
WILL be offered for sale, to the highest bidder, on Wednesday the 23d day of January, 1805, (if fair, if not the next fair day) at the late dwelling house of William S. Smith, dec. of this county, some Stock of CATTLE, SHEEP & HOGS, a number of good GESE, several FEATHER BEDS and FURNITURE, Household and Kitchen FURNITURE, 50 Gallons of Apple and Peach BRANDY; a single CHAIR, and sundry other articles. Twelve months credit will be allowed the purchaser for all sums above ten dollars, on giving bonds with approved security to carry interest from the date if not punctually paid. It is necessary that all persons having claims against the estate of said decedent, do, on or before the day of sale, bring forward their accounts properly authenticated, as this notice will be plead in bar against any claim produced after the said date.
JOSIAH SMITH, Ex'r. Powhatan county, Dec. 19th, 1804.
NEIL MCCOULL,
Has received his Fall Supply of
DRY GOODS.
Richmond, 12th Nov. 1804.
VIRGINIA ARGUS.
RICHMOND:
WEDNESDAY, DECEMBER 26, 1804.
RICHMOND PRICE CURRENT.
CORRECTED WEEKLY.
Table with 2 columns: Item, Price. Items include Tobacco, Wheat, Flour, Corn, Hemp, Iron, Bacon, Whiskey, Pork. Prices range from 30s to 56s Cash for Tobacco, 10s 6d do. for Wheat, etc.
The electors of Tennessee, viz. David
Dearbick George Ridely, William Martin, Robert Houston, and Richard Mitchell, met at Knoxville on the 5th inst. and gave an unanimous vote for Thomas Jefferson, as President, and George Clinton, Vice-President.
The Electors of South Carolina, the
whole number of ten being present, have given an unanimous vote for Thomas Jefferson as President, and George Clinton as Vice-President.
We find several foreign articles, in the
news-papers by mail, not uninteresting, but have not ability to insert them at present. The state of affairs between France and Sweden excites our regard: Bonaparte is said to have declared that the king of Sweden should not in twelve months, be a member of the German empire—a French army, under Berthier, was forming in Hanover, said to be destined to occupy Swedish Pomerania—the Emperor of Russia had offered assistance to Sweden, but the king of Prussia protested against the landing of Russian troops in any part of Germany. The emperor of Austria had continued to aggrandize himself at the expense of the elector: he had recalled his minister from London in consequence of England declining to acknowledge his new title. The British blockading squadron off Brest was about to return to port—the French fleet in the harbor of Brest ready for sea.—No declaration of war against Spain yet Spanish vessels continued to be captured by British cruisers. If hostilities shall result, from the present state of affairs, on the continent, it is not probable that anything decisive will be attempted before the close of the winter, the French however may quarter on the enemy or perhaps occupy Holstein in the mean while. (Aurora.)
In France the most splendid preparations
were making for the Coronation of the new Emperor. Many motives besides those of curiosity would lead to a full detail of these expensive preparations, and of their powerful effects. But such a detail is not within the compass of our labors. It was long doubtful whether his holiness could be prevailed with, to appear on this august scene. It is now apprehended that his presence will add to the unexampled solemnity of this coronation. We have not accounts yet of his actual departure from Rome. From the Palace in Rome to Paris we may expect every thing will correspond with the great occasion, and at a time when the greatest humiliation of the papal Chair was expected, it will appear with the greatest pomp and exaltation. The Arch Bishop of Paris has given his influence to the new ecclesiastical establishment, and yet it is apprehended that the power of the Church was never less real. The public manners have done more than the Emperor could accomplish by all his power, and the Catholic Church may find a greater resemblance in its glory at the present period with the religion of Greece or Rome, than it ever before acknowledged.
The state of the Cabinets in Europe
cannot be augured from any signs which are now made to appear. The British make very favourable representations to their own nation. In Austria, the exchange of territory is still an interesting subject, but the peace of our continent appears as sure as at any late period. The French troops are every where inactive, and the military power of the continent is no where diminished. The British preserve the great superiority of their fleet, and boast of 660 ships, of which nearly a sixth part are of the line. In this glory they are unrivalled in the history of our world. In France are exhibited all the statues of the Great of ancient and modern times. England displays upon the ocean a fleet which is the wonder of the world.
In our own country, the state of our finances
is a subject of congratulation. A commissioner of finances in France, who reviewed the whole history of finance in that ancient kingdom, observes, "I have found in the times when the revenues of the Crown were comprised in few articles; when there was a simplicity in the imposition, an equality in their operation and a facility in the recovery of them; when commerce was free and abundant, and while there were no charges, and renewed demands upon the people, and no debt of the state, that was the time of good order, and of a good administration." In the estimate given by the secretary of the treasury of the U. States, about 600,000 dollars are required for the civil department, with miscellaneous articles of about half that amount. The intercourse with foreign nations is above a third, and the military nearly equal to the expense of the civil establishment. The Indian depart-
ment, and naval establishment and marine corps, may be reckoned at a sixth each. And the whole exceeds three millions of dollars. Of all the articles of expenditure and of all receipts, a particular account is given in the most lucid order.
When the Good Henry the fourth, of France, came to the throne, he complained of the poverty to which he was reduced. And yet he reduced the revenues of France a third, and enriched the nation. A similar policy characterises Colbert in the beginning of the reign of L. xiv. His supposition of the causes of the public debt were mine. And it is observed, that, seconded by the Chamber of Justice, he in this manner freed the State of all the debts which it had contracted, and applied his whole soul to proportion the revenues of the Crown to the expenses of the State. For 22 years he labored to secure the revenue, and continually to diminish the expenses in collecting it, and he so far succeeded, that the same articles which gave in 1651, only 84 millions of livres, gave in 1683, 116 millions, while the expenses which amounted in 1661, to 52 millions, did not in 1683 exceed 23 millions. This was the benefit of his economy. The manner in which he did this was simple. Says the writer quoted above, when impositions are numerous, when duties multiply, when every thing is under a Tax, when Excise Officers abound, and when a constant disproportion is felt between the revenue and the expenses, such are times of disorder and confusion. By a candid examination of the documents supplied by Mr. Galbraith, the national resources are well understood. Our finances are in good order. And whatever evils might arise from political cause, we may be well assured, in our peace and present prosperity our richest hopes are supplied. (Salern Register.)
FIRE WOOD
Inspected in the city of New-York during the month of November last:
Hickory 6569 loads, oak 18,927 1 2 loads, pine 1505 loads; total 26,501 1 2 loads. Equal to 8755 1 2 cords strict measure. The average price of hickory per load was 3 dollars, 61 1 4 cents. Oak 2 dollars and pine 1 dollar 55 cents. Making the aggregate value 62,619 dollars and 26 cents. [Perhaps a sum nearly equal to the above, has been expended for coal, which never sold for so high a price in this market, as during the last fall] Gazette.
THIRTEENTH DAY'S DRAWING.
The managers of the Catholic Cathedral Church Lottery met agreeably to notice on Wednesday last, and drew 200 tickets.
Prizes of 100 dollars: Nos. 421 17183 20778. Prizes of 50 dollars: Nos. 8761 14013 16584. Prizes of 25 dollars: Nos. 3532 18951. Prizes of 20 dollars: Nos. 595 1255 2580 4944 6203 6184 7612 7747 7923 9420 10428 10443 10726 12237 14606 16770 16912 17410 18695 20370 20775. 34 prizes of 15 dollars. Gain of the wheel this day 570 dollars, total gain 5915 dollars.
O account of the absence of some of the principal managers, the drawing is postponed to Saturday the 29th inst., when it will commence and continue daily until finished.
FOR SALE FOR CASH.
By virtue of a deed of trust executed to the subscriber by Achilles Rogers for the purpose of securing a debt due from said Rogers to Brown, Watson & Co. as also a debt due to Wm. Brown & Co. will be exposed to public sale, at Wm. Alcock's Tavern, in the town of Charlottesville, on the first Monday in January next, it being Alternate court day, a certain TRACT OF LAND, belonging to said Rogers, lying in said county, situated on both sides of Piney Run, and adjoining to the foot of the south side of Rock mountain, being part of the land sold agreeably to the last will and testament of Giles Rogers, dec. and containing by estimation 224 3/4 acres. Also, one other TRACT OF LAND, adjoining the aforesaid one on the north side, containing by survey 135 acres, it being a tract which said Rogers had some time since had taken up and surveyed, the works of which are lodged with the Register of the Land Office, but no patent as yet taken out. D. CARR, Trustee. Charlottesville 5th Dec. 1804.
Government Security.
NEW-YORK LOTTERY.
No. III. for the encouragement of Literature, Begins Drawing on the EIGHTH DAY of APRIL next.
25,000 DOLLARS, 10,000 DOLLARS, 5,000 DOLLARS, HIGHEST PRIZES.
The Scheme contains 33,000 Tickets, of which 9,913 are Prizes, less than two and a half blanks to a prize—Deduction fifteen per cent. At the session of the Legislature of the state of New York, on Monday the 12th Nov 1804 a Resolution passed the Senate, and was concurred in by the House of Assembly, that the drawing of the said Lottery be postponed until the Second Monday in April next, in consequence of the defalcation of one of the managers, and that the Legislature will GUARANTEE the PAYMENT OF ALL the PRIZES in said Lottery.
TICKETS
And Halves, Quarters & Eighths, ARE TO BE HAD AT G. & R. WAITE'S
PERMANENT LOTTERY OFFICES, No. 64, MAIDEN LANE, & No. 38, MAIDEN LANE.
AT THE FOLLOWING PRICES.
Whole Tickets Dols. 7 00 | Quarters. Dols 1 87 | Halves, - - 3 62 | Eighths, - 1 00 But as the tickets and shares, have not with such an extraordinary rapid sale, throughout every part of the United States, they will speedily advance in price
Distant Advertisers, by including BANK NOTES of ANY DESCRIPTION may have tickets forwarded them by post, to any part of the Union, by G. & R. WAITE, with the most punctuality; and the earliest intelligence of their success—CASH advanced for prizes as soon as drawn, or warranted and drawn tickets exchanged for prizes during the drawing.
For the satisfaction of adventurers in Richmond and its vicinity, G. & R. Waite will forward to the printer of this paper, the Managers' Official List of Prizes, as soon as printed, where any gentleman can examine his own number.—Letter or post paid will be duly attended to. New-York, Nov. 25, 1804.

NOTICE. As there will be no business done at the Bank on Tuesday the 25th inst nor on Tuesday the 1st day of January, paper for disc must be lodged on the Saturdays preceding those days respectively, and will be paid upon the Mondays following. All payments which fall due on Christmas day, or the 1st day of January, must be made on the Mondays preceding.  J. Brockenborough, Cashier. Bank of Virginia, 18th Dec. 1804.
SADDLERY. JOHN MENERY, SADDLER, respectfully informs the public in general, and his friends in particular, that he has just received an elegant and well chosen assortment of SADDLERY, Coach & Harness Mountings, Whips, Spurs, &c. &c. Laid in under his own inspection, whereby he is enabled to offer them on the most reduced terms.  Richmond, 20th November, 1804.
GIMCRACK WILL stand next season at my stable about 12 miles from Howel's Ferry, ten from Sims's Ferry, and seven miles from the court-house.  Herbert C. Cocke. Halifax, November 19th, 1804
Notice.....The office of supervisor of the revenue, for the district of Virginia, being discontinued, and the unfinished business in the said office transferred to me—the collectors of the direct tax & internal revenue whose accounts have not been finally adjusted and paid, are hereby informed, that they are now requested to call at my office, in the city of Richmond, without delay and pay the balances due to the United States—And those whose lands have been sold in the district of Virginia by authority of an act of Congress of the United States for non-payment of the Direct Tax, may redeem such lands, by paying to me within the time limited, the principal, costs and fees as the law directs.  As most of the abovenamed lands were sold in Dec 1802, the privilege of redemption will continue until December next.  The money received by me for the redemption of the said lands will be returned to the purchaser, with interest at the rate of 25 per cent. per annum on the purchase money, to the day on which it may be paid to me.  JOSEPH SCOTT, M. V. D. June 27th, 1804.
Family Flour. A CONSTANT supply of FLOUR, of a superior quality, for family use, kept for SALE, by  GEORGE WATT. Richmond, 5th March, 1804.
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.  THOM. NORVELL. Richmond, October 3, 1804.
THE Subscriber hath removed his SCHOOL from the Falling Garden over to the white house near the Courthouse, where Messrs. Cohen & Isaac formerly kept store—He will continue to teach Reading, Writing, Arithmetic, Grammar and Geography; he will also teach Book-Keeping, and several branches of the Mathematics, if required.—The price of tuition will be made known on application.  JNO S PLEASANTS. 13th Nov. 1804.
NOTICE. All kinds of MATTRESSES for Sale—Also old ones worked over. I.S.P.
ALL persons indebted to the late firms of Buchanan, Dunlop & Co. Of Petersburg; Robert Pollok & Co. Of Richmond; and Dunlop, Pollok & Co. Of Manchester. Are hereby notified that James Dunlop, late a partner in the above concerns, has become purchaser of the outstanding debts; they will therefore be pleased to make payment to Mr. John Tompkins, residing in Richmond, or the subscriber, residing in Petersburg; who alone are authorised to make collections and grant discharges. Suits will be indiscriminately commenced against all who do not make payment before the first of February next.  JOHN DUNLOP, Attorney for James Dunlop. Petersburg, Nov. 15, 1805.
The subscriber wishes to sell for cash, or on credit till the first day of January next, the Two Brick Tenements, Adjoining the house of Mr. Benjamin Mosby. JOHN PENDLETON. City of Richmond, Nov. 10th, 1804.
Twenty Dollars will be given for apprehending and delivering to me in Manchester, PETER, a likely black fellow, about five feet six or seven inches high, twenty seven years old, who absconded on the 19th November—his dress when he went away was a short grey cloth coat, half boots, and carried with him a pair of new shoes—he is well known in and about the city of Richmond, where he has lived for several years past with Captain Moss, and has a number of acquaintances between Richmond and York. I am induced to believe that he is still in Richmond or the neighborhood. The above reward will be given on delivering him to me in Manchester or securing him in jail so that I get him again.  Philip Boos. December 4th, 1804.
WANTED TO HIRE FOR THE ENSUING YEAR, A good Female Cook. Also, a good WASHER and IRONER. Enquire of his master. Dec. 12.
Notice is hereby given to the debtors of ROSS & FORD. That in compliance with my duty as assignee, I shall commence suits indiscriminately against all those who do not come forward and give assurances when payment may be expected.  Neil McCoull. Richmond, December 15, 1804.
FOR SALE. A Life Estate in the DWELLING HOUSE, (which has just undergone a thorough repair) Four half acre LOTS, with stables, coach house and other necessary outbuildings, on the church hill, in the occupancy of John Banks, Esq. commands an extensive prospect, and is as healthy a situation as any in Richmond.  Neil McCoull. 12th December, 1804.
THE IMPORTED HORSE, PRECIPITATE, Will stand at my house to be let to mares the next season.  THOMAS GOODE. Chesterfield county, Appomattox } Nov. 27, 1804.
Manchester Turnpike Company. DELINQUENT Stockholders, on the 6th Negotiation, due the 1st current, are hereby notified, that such shares as shall remain unpaid, on the first Monday in January next, will on that day be sold, at Mr. Brooke's Tavern in Manchester, at 12 o'clock in the forenoon.  James Brander, Clk.
TO RENT, Till the 27th May, 1805, THE TENEMENT, Near Mr. Wythe's, on Shockoe Hill, lately occupied by Mr. L. BURTON—For further particulars apply to  WILLIAM MCKIM. Richmond, Sept. 3th, 1804.
Fifty Dollars Reward Will be paid to any person who will deliver to the subscriber in this City, a Runaway Negro, named CLAIBORNE, About 17 years of age. He has a long and smiling countenance, small legs, is round shouldered, his colour is between black and mulatto. He has been always employed as a house servant, and does not understand any other kind of business. He had a great variety of wearing apparel, all of excellent quality, much better than is usually given to servants. There is great reason to believe, that he has been decoyed or inveigled away by the master of a northern trading vessel, and it is probable he will endeavour to go to Norfolk or Hampton for the purpose of getting on board; and as he is well acquainted on the stage road, and has very good address he will probably pass for a free man.  THOMAS GILLIAM. NOW ON REVER.
Those who wish to gratify their curiosity by viewing the Vibrating Philosophical Acoustic Apparatus, must improve the present opportunity as it will continue in town but a few days. In order to accommodate the public the proprietor has reduced the price of admittance to the interior of the LADY 50 cents.
WAX WORK. The proprietor respectfully informs the public that he has added an additional Figure to his Museum, as a proof that the figures in his collection are superior to any ever exhibited. His Museum will leave this in a few days.—Admittance half a dollar; 25 cents for those who have visited the Museum. if
BACON. Just received and for sale by the subscs ibers opposite the Bell Tavern, a quantity of excellent MIDDLINGS, which will be sold low for cash only.  Russell & Wallace. Richmond, December 14, 1804.
FOUND IN THE STREET IN THIS CITY, A red Morocco Pocket Book. The owner may have it by applying at this office. December 12.
CASH will be given for Twelve or Fifteen BOYS, From 7 to 15 years old.—Enquire of the Printer. WILL BE LET, To the lowest bidder on Friday the fourth of January next, at Halifax Court-house. The building of a Jail for the said county, the materials to be of wood with him, and brick or stone without. The plan will be made known on the said day by  The Commissioners. December, 12, 1804.
Humanity Hall Grammar School Will be continued by the subscriber for the ensuing term, in which youth will be instructed in the Greek, Latin and English languages, Geography, the Elements of Geometry, with Practical Surveying—Also, Writing and Arithmetic, Vulgar, Decimal and Analytical. The price of board, tuition, washing, fuel and bedding, will be twenty eight pounds for the term, paid quarterly in advance. He commences on the 15th of January next and expires the 10th of December. Particular attention will be paid to the morals and deportment of the pupils, and every exertion made to advance them in knowledge.  Thos. Nelson. Forks of Hanover, Nov. 27, 1804.
Ten Dollars Reward. Run away from the subscriber on the 1st day of December, a negro man by the name of ARCHER, about twenty five years old, his complexion black, and when spoken to has a smiling countenance, has a scar under his left ear occasioned by a burn—the formerly belonged to Mayo Carrington, Esq of Cumberland county—his clothing was when he left me, a long blue cloth coat, Virginia cloth pantaloons, a swansdown waistcoat and a pair of coarse negro shoes. It is supposed he is lurking about John Daniel's, Esq of Cumberland county, where his wife lives. Whoever will deliver the said Archer to me, living in Buckingham county, or secure him in any jail so that I get him again, shall receive the above reward. All masters of vessels are forewarned from carrying the said negro out of the state of Virginia under the penalty of the law.  Henry C. Bell. December 10th, 1804.
NOTICE. BANK OF VIRGINIA. Richmond, Dec. 12, 1804. A General meeting of the Stockholders will be held at the Bank-house, on the first Monday in January next, for the purpose of electing Directors for Richmond, Norfolk, Petersburg, and Fredericksburg; and for other purposes relative to the affairs of the Corporation. In order that a list of the Share holders may be exhibited, those persons who have not sent in the receipts granted by the Commissioners for receiving subscriptions, are requested to transmit them by the day above mentioned, together with the Cashier's receipts for the second instalment, when new receipts will be issued, in lieu thereof by the President.  JOHN BROCKENBOROUGH, Cashier.
Bail and Delivery Bonds For sale at this office.
S. Jacobs, Nearly opposite Mr. Pleasants' Book-Store, has just received, and offers for sale on the most moderate terms, Fall & Fancy Goods, Among which are, Fine, superior and common Cloths & Casimeres, Manchester Goods, Swansdownsdowns & Toilettes, Rose, Striped and Plain Blankets, Kendal cottons, Irish linens, ornab'gs & sheetings, Linen and Cotton Cambricks, Laced, Floss work & plain Muslins and Laces, Kid, Silk, raw Silk and Beaver Gloves, Pic Nic ditto, Hosiery, Fine Shirting Muslins, &c. &c. N. B. Real genuine patent CORD, warranted not to lose their pile. A few Kgs FF GUNPOWDER, of superior quality, very low. November 16, 1804.
[BY PERMISSION.] BURR & HAMILTON. Is now opened at Mr. Hall's Washington Tavern, a new collection of WAX FIGURES, superior to any in America, among which is a striking likeness and representation of the late unfortunate DUEL, fought between Col. Aaron Burr, Vice President of the United States, and Gen. Alexander Hamilton, wherein Gen. Hamilton is supported by his second, after receiving the mortal wound; while Col. Burr is led from the field by his second—a striking representation of the place where the duel was fought, painted upon scenery which adds much to this interesting representation, &c.—And a number of selected FIGURES, chosen from the best selections in America—Music on an elegant Organ. Admittance 50 Cents for the first admission, and no person is admitted the second time without paying half price, 25 Cents.
FOR SALE, YARMOUTH, Is in James City county, on Chickahominy River, ten miles from Williamsburg. The improvements are a two story brick house with two rooms and a passage above and below, porticoes on each side, a large and capacious barn, and 3 other out houses. The whole tract including an island in view of the house, high and low land, with marshes, contains about 2700 acres, scarcely one third of which is cleared. Two thirds of the island is arable, which, with the land adjoining the houses, is of superior quality. Adjacent to the island are two bold and navigable creeks with a convenient landing to each. The range for cattle is very extensive and the marshes and meadows will supply an abundance of hay. Fish and fowl in their respective seasons, may with ease be obtained at your door. The orchards, consisting of the greatest variety of all kinds of fruit selected with care, are now in their prime. The terms will be made known by William Berkeley of Richmond, William Randolph of Wilton, or the subscriber.  PEYTON RANDOLPH, Jr. For Eliz: Innes. Nov 4th, 1804. own 2aw aft tf
A List of Tobacco remaining in Shockoe Warehouse upwards of two years, Viz.    Lynch's P E 188 1422 1253   123 1217 1103 130   1549 3214 120 1342   3213 120 1403   C A 2327 120 1250   A B 2013 120 1330   T I 535 120 1130   W 569 125 1504   P P 823 130 1504   S I 633 125 1123   I M 552 160 1642   W 969 140 1420   T S 2219 1173   C C 3074 120 1230   T R 165 112 1268   B L 979 112 1244   D W 1223 155 1195   With chalk D P 125 1063   No. M. K. 35 118 1017   115 1435 212 1561   170 1409 3433 120   Spring P I 1022 120   200 175   C C 1275 130 1283   T S 1203 140 1183   No. M. K. 464 120 1318   130 1504   653 155   1513   W 694 135 1295   Nicholas's No. M. K. 305 146 1258   156 1553   Rivanna F C 714 143 1262   Henderson's G C 385 169 1161   W I C 932 137   I R 624 123   1406 or 1595   W I C 4041   No. M. K. 804 142 1278   713 166   D W 300 144   1063   Horsley's, Z T 779 133 1367   780 136 1471 64   238 153 1720 778   136 1563   No M K 135 1273   Amherst, P I 236 194 1570   No M K 111 1035   Cannon's, D 159 1320   No M K 394 182   846 147 1534 171   1483   Woodson's, A M 450 164 1230   163 1293   W A D 3 110   C T R 979 136   A M 503 140   E I 210 153   Campden No M K 94 132 1578   Dean's T F 853 147 1317   G M 1309 130   A M 3 159   No M K 430 160   1474   182 1476   Dean's No M K 143 1476 135   1067 168 1151 not full   Swan Creek, No M K 139 1029 not full   The above tobacco will be sold at Henrico January Court, if not claimed by the owners according to law.  Williamson & Mosby, Inspectors. 4th Dec. 1804.
ADVERTISEMENT. To be sold at public auction, at the place formerly known as the Palace, in the city of Williamsburg, on Thursday the tenth day of January, 1805, if fair, if not the next fair day, a number of Very valuable & likely SLAVES, And other personal Estate of the Rev Samuel Smith & Co. among which are a valuable collection of Books, a Single Chair and Harness, and all the stocks of Cattle, Sheep & Horses, and Farming Utensils belonging to the farm, and the crops of Grain, Hay and Fodder thereon made, some Household Linen, and other articles. A credit of six months will be given to all who purchase above the value of twenty dollars; the purchasers giving bond with approved security, to carry interest from the date; but if punctually paid the interest will be remitted. Ready money will be required for all purchases not exceeding twenty dollars.  Elizabeth McCroskey, Ex'x. Williamsburg, Nov. 28, 1804.
NOTICE. We the undersigned, partners in the late concerns of Buchanan, Dunlop & Co. at Petersburg, Robert Pollok & Co. at Richmond and of Dunlop, Pollok & Co. at Manchester, have sold to Mr. James Dunlop, our late partner in said concerns, the debts now due to and outstanding at these different establishments—those interested will therefore please to take notice, that hereafter payments are to be made only to the said Mr. James Dunlop, his attorney or attorneys, and to whom those having claims against these concerns will apply for payment.  David Buchanan, By Robert Pollok his attorney. Robert Pollok. Virginia, Petersburg, Dec. 6, 1804.
J. Tompkins Respectfully informs those concerned, that he has removed the books and papers of the late concerns of Robert Pollok & Co. and Dunlop, Pollok & Co. to a new brick house near the basin, and directly opposite to the scale house, where he has for SALE, a few pipes of Old Cogniac Brandy, Of superior quality.
Will certainly be Sold for Cash, At the house of Moses Treadway in the county of Powhatan, on Thursday the third day of January, one thousand eight hundred and five, pursuant to a decree of the superior court of chancery, held for the Richmond district, pronounced on the second day of June last, in favor of Col. Samuel Meredith of Amherst county, against John Nunnally and others. On the day, and at the place above mentioned, and in conformity to the aforesaid decree, will be sold, to the highest bidder, for ready money, one certain tract or parcel of LAND, lying on Appomattox river, in the upper end of said county, within two miles of the place of sale, containing four hundred and twelve and one half acres, a part of which is low ground, adjoining the said run, the remainder high land, thought to be equal in value to any in the neighbourhood; there are two plantations on this tract, one of which lies immediately upon the river, being that plantation whereon Archibald Nunnally lived in his lifetime, the buildings are such as might answer for the accommodation of an overseer & negroes, with a good barn, &c. The other is the plantation upon which Capt. John Nunnally has lived for a number of years; upon which there is a good dwelling house with two rooms below and two above stairs, a kitchen, smoke house, dairy, stable, barn, &c. all in good repair; upon this tract eight or ten hands may be employed to great advantage.  Good Taylor, Nelson Patterson, Edward Mansford, Richard Crump, John Ford, Commissioners. December 7th, 1804.
STORE OF Ironmongery, Jewellery, &c. BY FRANCIS FOLLET, (From New-York.) Between Messrs. Bohn & Hubner's and Mr. Charles Fencner's, Main street, Richmond, where he offers for sale an assortment of GOLD, gilt, silver, plated, japan'd and Cutlery Ware; gold & silver Watches; Watch materials; ladies and gentlemen's morocco pocket books; glove ties; elastic garters and girdles; coral, wax and glass beads; ivory, bone and wood chess men; backgammon tables; battle doors and shuttle cocks; flutes, fife, guns, gun locks, pistols, swords, sword belts, sword knots, epaulets, military feathers, sportsmen's bags and knives, and common and agate flints; whips, cases, umbrella, box jackets, spurs, razor, horns and straps; shaving brushes and brushes; curling tongs; powder bags and puffs; violet and shaving soap; pomatum; tooth powder and essences; gentlemen's mangle dress cases and raveling desks; Reeves's colours for drawing, and painting of different sizes; hair, lead and slate pencils; slates; ink powder; water; quills; paper folders; counting house scales; ink stands; ivory, horn and tortoise shell combs; ladies ornaments; tortoise shell dress combs; sleeve buttons; jew's harps; fish hooks; pins and needles; elastic and common knitting needles; tambour needles and cases; thimbles; spectacles and cases; surveyors' compasses and chains, and mathematical instruments; in cases; pocket compass dials; glass globe lamps for halls; elegant brass and iron and shovels; tongs and pokers; coal scoops; bellows; smoothing irons; irons; copper and iron chafing dishes; soft and hard waffle irons; post box coffee mills; iron and brass candlesticks; key rings; cork screws; cloak pins; floor, hearth, scrubbing, white wash, clothes, tooth and shoe brushes; Britannia metal table and tea spoons; Britannia metal tea pots; frying pans; pots and kettles; fire grates; mill saws; hand and panel saws; Turkey oil stones; gimblets; shoemakers' tools; brick trowels; shovels and spades; locks; hinges; screws; nails; racks—With a great variety of similar articles, too tedious to enumerate. Also, for sale—Kid, morocco and leather slippers; men's fine and coarse shoes and booties; hair and leather trunks; fancy and Windsor chairs; earthen ware, in crates, assorted; Spanish Botant indigo; patent blue; powder and shot.  W. WARDLAW, Is now opening at his shop on the Main street in Richmond, opposite Mr. Taylor's Vendue Office, a large importation of MEDICINES, Received directly from London, also a general assortment of SURGEON'S INSTRUMENTS, SHOP FURNITURE, MEDICAL AIR MACHINES, PATENT MEDICINES, &c. &c. It is his intention to keep, at all times, a supply of Genuine Medicines, sufficient to answer the current demand, which will be sold low for cash or on the usual credit to those who will give him sufficient assurances of punctuality.  November 20th, 1804.
Manakin Town Grammar School. The subscriber intends to continue his School the ensuing year, at the same place; at which will be taught Latin and English grammatically, Geography, Arithmetic, Reading and Writing. He will take six or eight Boarders, at the moderate price of sixteen pounds (judging excepted)—His terms for tuition are six pounds for Latin, and four for English. The school will commence the 10th day of January, and terminate the 15th of December.  JAMES CRAWFORD.
In pursuance of an act of the General Assembly of Virginia, passed the 20th of January, 1802, to establish a Turnpike between the town of Manchester and Falling Creek, on the Buckingham road—there has been improved by the Manchester Turnpike Company, one half the distance on said road, from the Ferry Landing in the town of Manchester, to Falling Creek, and entered of record in the County Court of Chesterfield, agreeably to the requisites of said act, so as to entitle said Company to the benefits of said Act.
NOTICE is hereby given, that a TOLLGATE is now erected, for the purpose of collecting HALF-TOLLS , agreeably to the authority of said act.  EDM'D LOCKETT, Superintendent. For the Manchester Turnpike Company. 23d November, 1804.
HART and SOUTHGATE, Grocers and Commission Merchants, In the store lately occupied by Mr. BOULTON, opposite Mr. Pleasants' Printing-Office, MAIN STREET, RICHMOND, Respectfully inform their friends and the public, that they have laid in a general assortment of GROCERIES and LIQUORS of the first qualities, which they offer at a selling very low for ready money or produce at each price.  Also, Queen's Ware, Patent Shot, Gunpowder, Indigo, &c. & & and Hart's Philadelphia bottled Porter, of which they have a constant supply, by the dozen or single bottle.  They have for sale, on Commission, CURNAILS (from Silesia) by the cask or small quantities; also, a quantity of SOAL LEATHER, for Cash, or to be bartered for Wheat; and a pair of COLOGNE MILLSTONES, 3 feet 11 ins August 8, 1804.
NICHOLAS HALLAM, Two doors above the Swan-Tavern, has just received from the Isle of Wight, and for sale on the most moderate terms, Three thousand wt. of excellent BACON Hams, and Middlings, and a supply of choice new and old Northern CHEESE; Also, BRISH POTATOES. Likewise, an assortment of well chosen GROCERIES, Consisting of Draf & Brown Sugars; Coffee, Young Hyson and Imperial Tea; Chocolate, Rice, Indigo, Mace, Cloves, and other spices; Dry Sherry, Lisbon, and Malaga Wines; Cogniac, Peach and Apple Brandy; Rum, Holland and Country Gin; Whiskey, Molasses, &c.; Grockery and Stone Ware, and a variety of other articles in the Grocery line.
I WISH TO HIRE, 10 Negro Men & 6 or 7 Boys, The ensuing year, principally to work in a brick yard and digging earth. I will give liberal prices and pledge myself to pay the swiftest attention to such as I hire in case of sickness.  John P. Shields. December 3, 1804.
20 Dollars Reward. Run away from the subscriber living in Amherst county near Lynchburg, the 27th March last, a negro man slave named GEORGE—about 26 or 27 years of age, 5 feet 7 or 8 inches high, rather of a yellowish complexion, square made, bow legged, and has a down look with a low voice, also thick lips. This fellow was raised in King William county, by old Henry Slater, and has since been the property of Mrs. Beard, of Augusta county. I heard that he was in Augusta county in the month of April last, and from the best information I can get, his aim was for King William county, where he was raised. Any person securing him in jail so that I get him again, shall receive the above reward, and if brought home, all reasonable charges paid.  Joseph Kinnersly. December 3, 1804.
PLOUGHS. TOMPKINS & HARRIS have a few PLOUGHS for sale, made by the noted blind Causby, which are more approved of than any that have been used in this state.  Richmond, October 23, 1804. Just published, and for sale at this office.  The famous full blooded English Horse HAMBLETON. The property of Wm. Lightfoot Esq. will stand at my stable in the county of Hanover, ten miles above the courthouse, and within a mile of Mr. Edmund Taylor's tavern, in the Forks of Hanover, the ensuing season.—The terms, pedigree and performance will be made known before the season commences.  John Thornton, Sr. November 22d, 1804.
ON the 11th day of March, 1805, will be offered for sale, at Louisa courthouse, if fair, otherwise the next fair day, A LIKELY NEGRO FELLOW, Belonging to the estate of Major Samuel R. Land, on a credit of twelve months. Bond and approved security will be required, to bear interest from the date if not punctually paid, by the Administrator.  December 16, 1804.
At a Court held for Washington County the 17th day of October, 1804. Elizabeth Gibson, Complainant, In AGAINST Isaac Anderson, Defendant, Cery. THE defendant not having entered his appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of the commonwealth of Virginia: On the motion of the complainant by her counsel, It is ordered, that the said defendant do appear here on the third Tuesday in February next and answer the bill of the complainant, and also a copy of this order be inserted in some public newspaper published in this state for two months successively, and another posted at the front door of the courthouse of the said county.  A Copy—Attest, David Campbell, D. C.
ALMANACKS. Bates's and Carey's Franklin Almanacks, for 1805, are for sale at this office, by the gross, or dozen.

VIRGINIA ARGUS EXTRA.
WEDNESDAY, DECEMBER 26, 1804.
House of Delegates of Virginia.
MONDAY, December 17th, 1804.
(Concluded from our last.)
It further appears to your committee, that the articles of separation between the aforesaid Robert Campbell and Anne his wife, bearing date the 9th day of April, 1804, alluded to in the evidence of Samuel M'Craw, and exhibited to the committee, have been duly admitted to record in the Richmond District Court, by which said articles, it appears among other things to your committee, that the said Robert and Anne have agreed to separate forever as man and wife.
Resolved , therefore, that it is the opinion of this committee, that the petition of the said Robert Campbell, praying that an act may pass for divorcing him from his aforesaid wife, is reasonable.
Ordered , That a bill be brought in pursuant to the said resolution, and that the committee for courts of justice do prepare and bring in the same.
Mr. E. Harrison reported from the committee of propositions and grievances, that the committee had, according to order, had under their consideration, sundry petitions to them referred, and had come to several resolutions thereupon, as follows:
1. Resolved , as the opinion of this committee, that the petition of sundry inhabitants of the county of Montgomery, praying that a law may pass to form a new county out of the following parts of the counties of Montgomery, Monroe and Tazewell: to wit—Beginning at the end of Gault mountain on New River, where the counties of Greenbrier and Kanawha intersect, thence up the river with the Greenbrier and Montgomery line, to the intersection of Monroe line, thence with the Monroe and Montgomery line, to the mouth of Indian creek, thence a direct line to the top of Peter's mountain, where the path crosses from Jacob Miller's on Rich creek to Hatfield's mill, on Stony creek, thence along said mountain with the Montgomery and Monroe line to the intersection of Botetourt county line, and with the Botetourt and Montgomery line, to the top of Gap mountain, thence along the top of said mountain to New river, crossing the same, to the end of Walker's creek mountain, thence along the top of said mountain, to the intersection of Wythe county line, thence northwestwardly with the said line, to the intersection of Tazewell line, and with the Tazewell and Montgomery line to the top of Wolf creek mountain, thence southwestwardly along the top of said mountain to a point two miles below the mouth of Clare fork of Wolf creek, thence a direct line to the head of East River, known by the name of the Big spring, thence a direct line to the head of Crane creek, on the top of Flat top mountain, thence a direct line to the three forks of Guyandott river, thence down said river until it intersects Kanawha county line, thence with said line to the beginning, is reasonable.
2. Resolved , as the opinion of this committee, that the petition of sundry other inhabitants of the county of Montgomery, in opposition thereto, be rejected.
3. Resolved , as the opinion of this committee, that the petition of Talbot Godwin, praying that he may be authorised by law to erect a toll bridge at the town of Suffolk, across the Eastern branch of Nansemond river, in the county of Nansemond, is reasonable.
4. Resolved , as the opinion of this committee, that the petition of William Mason, Thompson Mason and John Mason, administrators of Thomas Mason, dec. praying an increase of the rates of toll at the bridge established across the river Occoquan, from the land of the said Thomas Mason, dec. in the county of Prince William, opposite the town of Colchester on the other shore, is reasonable.
5. Resolved , as the opinion of this committee, that the petition of William Mayo, of the county of Henrico, praying that an act may pass, establishing an inspection of tobacco on his land just below Pockets landing, on James River, is reasonable.
6. Resolved , as the opinion of this committee, that the petition of sundry inhabitants of the county of Richmond, praying that a law may pass to revive the inspection of tobacco at Glasscock's warehouse, in the said county, is reasonable. The 2d, 3d, 4th, 5th and 6th resolutions being read a second time, were, on the question put thereupon, agreed to by the house.
The 1st resolution being read a second time, a motion was made to amend the same, by striking out at the end thereof, the words "is reasonable," and inserting in lieu of them, the words "be rejected;" and the question being put upon the said amendment,
It passed in the negative—Ayes 73—Noes 90.
The question being then put upon the resolution as reported, it was agreed to by the house.
Ordered , That bills be brought in pursuant to the 1st, 3d, 4th, 5th and 6th resolutions; and that the committee of propositions and grievances do prepare and bring in the same.
Mr. Johnston presented, from the committee for courts of justice, the following bills;
A bill, "Authorising a sale of the glebe of the parish of St. Mary, for the purposes therein mentioned;" and
A bill, "Confirming certain elections of overseers of the poor in King-George county;" which were received and read the first time, and ordered to be read a second time.
Mr. E. Harrison presented, from the committee of propositions and grievances, the following bills;
A "bill, Forming a new county out of certain parts of Montgomery, Monroe and Tazewell counties;"
A bill, "Encreasing the tolls at Mason's bridge over Occoquan river;"
A bill, "Establishing an inspection of tobacco on the land of William Mayo, in the county of Henrico;" and
A bill, "Authorising Talbot Godwin to erect a toll-bridge from the town of Suffolk, over the eastern branch of Nansemond river;" which were severally received, and the 1st, 2d and 3d named bills read a first time, and second and third ordered to be read a second time.
The first and last named bills, were, on a motion made, ordered to lie on the table.
A motion was made that the house come to the following resolution: Resolved , That it be made a standing rule of this house, that the yeas and nays, when called for by any member, shall not be taken unless at the desire of fifteen members of those present.
A motion was made to amend the said resolution, by striking out the word "fifteen," and inserting the word "five;" and the question being put upon the said amendment,
It passed in the affirmative.
The question being then put upon the resolution, as amended,
It passed in the negative—Ayes 43—Noes 110.
Mr. Jones (Nottoway) presented, from the committee to whom the subject was referred, a bill, "Encreasing the salary of the surgeon to the public guard and pri-
soners confined in the jail or penitentiary house," which was received and read the first time, and ordered to be read a second time.
On a motion made,
Resolved , That the committee for courts of justice be instructed to examine what laws have expired since the last session of assembly, and to examine such temporary laws as will expire with the end of the present session, or are near expiring, and report the same, with their opinion which of them are fit to be revived and continued.
On a motion made,
Ordered , That a writ issue to supply the vacancy in the representation of the county of Warwick, occasioned by the death of Richard M'Intosh, one of the delegates returned from that county to serve in the present General Assembly.
On a motion made,
Ordered , That the committee of claims be discharged from the further consideration of the petition of L. A. Pauly, to them referred; and that the same be referred to the committee for courts of justice.
A petition of John Bracken, was presented and read, stating that in the year 1788, he purchased of certain commissioners appointed by act of assembly, a tract of land in James city county, commonly called Secretary's land, at a certain price, which contract has never been completed, in consequence of the death and removal of some of the commissioners, a sufficiency of them to constitute a quorum not remaining, and praying legislative aid to complete his title on his paying the purchase money into the treasury;
Also a petition from a number of the inhabitants of the town of Portsmouth, praying the passage of a law authorising the trustees of the said town to lease out upon certain terms, part of a lot in the said town of Portsmouth, which is particularly described in the said petition;
Also a petition of the acting trustees of the Nottoway Indians, praying that additional trustees may be appointed for the said Indians, a sufficiency to form a board not remaining, from death and resignations;
Also a petition, stating to be from sundry inhabitants of the town of Lynchburg, praying an additional time to the owners of lots in the said town, to build on and improve the same;
Ordered , That the said petitions be referred to the committee for courts of justice; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the house.
A petition of James C. Moorman, deputy sheriff for John M'Cullister, sheriff of Campbell county, and of William Arthur, was presented and read, praying that they may be compensated for their trouble in carrying a lunatic to the Williamsburg hospital, who could not be received for want of room;
Also a petition of John Allen and Charles Brown, deputy sheriffs of Andrew Donnelly, sheriff of Kanawha county, praying that they may be allowed their list of insolvents for the year 1802, which they were prevented from obtaining by an accident;
Ordered , That the said petitions be referred to the committee of claims; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the house.
A petition of Silas Hedges, of Brooke county, was presented and read, stating that he acted as sheriff of Ohio county, in the year 1784, and in consequence of the misconduct of his deputies, has been subjected to a judgment and damages for the amount of the revenue tax of the said county, which he has paid up, and praying for a remission of the said damages;
And the question being put upon the reference of the said petition,
It passed in the negative.
Resolved , That the said petition be rejected.
The order of the day for the house to proceed by joint ballot with the Senate, to the appointment of a public printer for one year, being read;
Ordered , That the same be put off till Wednesday next.
Ordered , That Mr. Johnston acquaint the Senate therewith.
The several orders of the day for the house to resolve itself into a committee of the whole house, on the bill, "To prevent slaves being brought into this state;" and on the state of the commonwealth, being read;
Ordered , That the same be put off till to-morrow.
And the theatre house adjourned till to-morrow 12 o'clock.
TUESDAY, December 18th, 1804.
The house, according to the order of the day, resolved itself into a committee of the whole house, on the bill, "To prevent slaves being brought into this state;" and after some time spent therein, Mr. speaker resumed the chair, and Mr. Johnston reported, that the committee of the whole house had, according to order, had the said bill under consideration, but not having time to go through the same, had directed him to ask for leave to sit again;
Resolved therefore, That this house will again to-morrow, resolve itself into a committee of the whole house, to take into consideration a bill, "To prevent slaves being brought into this state."
A communication from the Senate by their clerk.
The Senate have agreed to the resolution requesting the executive to lay their journal before the General Assembly; and have also agreed, on their part, to postpone the proceeding by joint ballot, to the choice of a public printer, till Wednesday next.
An engrossed bill, "To amend the act, entitled an act, "Directing the mode of appointing the public printer, prescribing his duties and for other purposes therein mentioned," was read a third time, and several blanks therein filled;
Resolved , That the bill do pass, and that the title be, an act "To amend the act, entitled an act, directing the mode of appointing the public printer, prescribing his duties and for other purposes therein mentioned."
An engrossed bill, "Releasing to Lodowick M'Carrol, the right of the commonwealth to certain lands therein mentioned," was read a third time;
Resolved , That the bill do pass, and that the title be, an act, "Releasing to Lodowick M'Carrol, the right of the commonwealth to certain lands therein mentioned."
An engrossed bill, "Authorising the introduction of Dearborn's patent balance into the warehouses of this commonwealth upon certain conditions," was read a third time;
Resolved , That the bill do pass, and that the title be, an act, "Authorising the introduction of Dearborn's patent balance into the warehouses of this commonwealth upon certain conditions."
An engrossed bill, "To alter the days of holding courts in Tazewell county," was read a third time;
Resolved , That the bill do pass, and that the title be, an act, "To alter the days of holding courts in Tazewell county."
An engrossed bill, "Authorising Benjamin Wilson, jun. to erect a dam across Monongalia river," was read a third time and the title amended;
Resolved , That the bill do pass, and that the title be, an act, "Authorising Benjamin Wilson, jun. to erect a dam across the west fork of Monongalia river."
The following bills, to wit:
A bill, "Encreasing the tolls at Mason's bridge over Occoquan river;"
A bill, "Concerning certain elections of overseers of the poor, in King-George county;"
A bill, "Authorising a sale of the glebe land of the parish of St. Mary, for the purposes therein mentioned;" and
A bill, "Encreasing the salary of the surgeon to the public guard, and prisoners confined in the jail and penitentiary house," were severally read a second time, and ordered to be engrossed and read a third time.
A bill, "For establishing an inspection of tobacco on the lands of William Mayo, in Henrico county," was read a second time, and on a motion made, ordered to be committed to the committee of propositions and grievances.
A bill, "Forming a new county out of certain parts of Montgomery, Monroe and Tazewell,"

(which lay on the table) was called up and read a second time, and on a motion ordered to be committed to Messrs. Smyth, (Wythe) McFarlane, Gray, Bowen, (Monroe) Ingles, Thompson & Gardner.
Mr. Johnston presented from the committee for courts of justice a bill, "For incorporating the town of Lynchburg and enlarging the same;" and a bill, "Releasing to Frederick Gauder the right of the Commonwealth to a certain lot of ground," which were received and ordered to lie on the table.
A memorial and representation from the shareholders of the Lower Appomattox company, was received and ordered to be referred to the committee to whom was referred a petition from the captains of craft and others, navigating the said river.
The order of the day on the state of the commonwealth being read;
Ordered, That the same be put off till to-morrow.
And then the house adjourned till to-morrow 12 o'clock.
WEDNESDAY, December 19th, 1804.
Ordered, That Messrs. Tazewell, Tyler and Fleming, be added to the committee to whom were referred sundry petitions, praying an augmentation of the capital stock of the bank of Virginia; Messrs. Blake and Dulaney, to the committee appointed to bring in an amendment to the militia law; Mr. J. Anderson, to the committee to whom was referred the subject of the road between the James and Kanawha rivers; and Mr. S. Boyd, to the committee for courts of justice.
A communication from the Senate by their clerk:
The Senate have passed the bill, entitled, "An act, appropriating a sum of money for the purpose of opening the navigation of Roanoke river."
A message from the Senate by Mr. Shelley:
Mr. Speaker—The Senate have passed the bill, entitled an act, "To amend the act, entitled an act, directing the mode of appointing the public printer, prescribing his duties and for other purposes therein mentioned."
The house, according to the order of the day, proceeded by joint ballot with the Senate, to the choice of a public printer for one year; and the members having prepared tickets and deposited the same in the ballot boxes, Messrs. Johnston, Wooding, Tazewell, Campbell, Cheatham, Woodson, Stuart, Brumham, Byrd, Jones, (Hanover) and Lee, were named a committee to meet a committee from the Senate and jointly with them examine the ballots and report to the house, on whom a majority should fall; the committee then withdrew and after some time returned into the house, and Mr. Johnston reported, that the committee had, according to order, met a committee from the Senate, and jointly with them examined the ballots and had found a majority of the whole number of votes in favor of Mr. Samuel Pleasants.
Mr. Miller, (Powhatan) from the committee appointed on the part of this house, to examine jointly with a committee from the Senate, the executive expenditure for the last year, reported the following resolution:
Resolved, as the opinion of this committee, that the expenditures made by the Executive of this commonwealth, during the last year, out of the contingent fund, were authorized by law, custom or usage, except the disbursements made to Samuel Brooks and others, as compensation for their aid in detecting Thomas Logwood, a counterfeiter of the notes of the bank of the United States, which we consider justified by the necessity of the case.
And the said resolution being twice read, was, upon the question put thereupon, agreed to by the house.
On a motion made,
Resolved, That a committee be appointed on the part of this house, to examine jointly with a committee from the Senate, the treasurer's accounts for the last year; and a committee was appointed of Messrs. Campbell, Coleman, (Caroline) Burwell, Callaway, Chappel, Neal, Finnie, Brown, McFarlane, Penn and Ellington.
Mr. Edwards, from the committee appointed to examine the clerk's office, made the following report:
The committee find, that the papers from the year 1775 to 1803, both years inclusive, are properly arranged in the office.
That the journals, written or printed, from the year 1769 to the year 1803, both years inclusive, except for the years 1783 and 1784 which are bound but unfinished, are deposited in the office, and except also the journal of 1799, which from information received by the committee, will shortly be completed in manuscript and deposited in the office.
The enrolled bills from 1776 to 1803, both years inclusive, are filed in the office and neatly deposited in iron cases.
Your committee beg leave to suggest the propriety of employing some person to finish the manuscript journals of 1783 and 1784.
Ordered, That the said report do lie upon the table.
On motion,
Resolved, That the manuscript journals of the proceedings of this house, for the years 1783 and 1784, be completed under the inspection of the clerk of this house, on the best terms that can be obtained.
A memorial from sundry merchants, traders, masters and owners of vessels and other persons, was presented and read, stating many inconveniences and hardships arising under an act passed at the last session of the legislature, entitled an act, "For improving the navigation of James river;" and praying that the said act may either be repealed, or amended in such manner as to remove the said grievances;
Ordered, That the said memorial be referred to Messrs. Storr, Tazewell, Selden, King, Semple, Johnston, Clarke, Cheatham and Riddick, who are to take the matter thereof into consideration and report the same, with their opinion thereupon, to the house.
A petition from a number of persons, inhabitants of the state of Virginia, was presented and read, praying the passage of a law to explain the act, "Establishing a turnpike between the town of Manchester and Falling creek," for reasons in the said petition stated;
Also a petition, stated to be from a number of the inhabitants of Bath and Botetourt counties, stating that certain differences exist as to a part of the dividing line between the said counties; that in consequence thereof commissioners have been appointed by the courts of the two counties, who with the two county surveyors, were directed to ascertain the true line; that a line has been ascertained, which they pray may be established by an act of the legislature as the true boundary line;
Also a petition of the officers of the 67th regiment of militia, stating that in consequence of the prevalence of a malignant fever, in the county of Berkley, (which composes said regiment) it was impracticable to procure the attendance of a sufficient number of the officers of said regiment to constitute regimental and battalion courts of enquiry within the time prescribed by law, and praying the passage of a law, authorising the holding of special courts, with the usual powers of such courts;
Also a petition from a number of the inhabitants of Norfolk borough, praying the passage of a law to incorporate another company for marine insurances in the said borough;
Ordered, That the said petitions be referred to the committee for courts of justice; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the house.
A petition of Henry Banks, was presented and read, praying the passage of a law, authorising the establishment of two towns upon the lands of the petitioner, under certain conditions in the petition stated, one of them in the county of Harrison or Wood, in whichever the land may be found to lie; the other upon his lands in the county of Randolph;
Also a petition of a number of the people of Amherst county, praying, for reasons in the petition stated, a division of the said county;
Also a petition from a number of other inhabitants of said county, in opposition thereto;
Also a petition from a number of the inhabitants of the counties of Monroe, Greenbrier and Kanawha, praying for the removal of the district court from the Sweet-Springs in Monroe county, to the town of Union in the same county;
Also a petition of John Beale, of Botetourt county, praying that he may be authorised to build a toll bridge across James river, at the town of Pendleton, (formerly Crow's ferry,) which ferry is the property of the petitioner;
Also a petition of a number of inhabitants of Harrison county, praying that Andrew Hickman may be authorised to build a dam across the west fork of Monongahela river, not exceeding five feet in height, for the erection of a grist mill and other works;
Also a petition of Matthew Harvey and Samuel Lewis, stating that they have lately laid out a town on their lands on the banks of James river, in Botetourt county, and praying that the same may be established by act of Assembly, to be called Florence, and that they may be authorised to erect a toll bridge across the river at the town aforesaid, under such regulations as the legislature may think proper to establish;
Also a petition from a number of the inhabitants of Ohio county, praying the passage of a law, establishing a ferry from the lands of Benjamin McMachen, in said county, across Ohio river, to the lands of Daniel McElheran, on the opposite shore, for the benefit of said Benjamin McMachen;
Ordered, That the said petitions be referred to the committee of propositions and grievances; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the house.
A petition of William Shepherd, was presented and read, stating that he is a pensioner on the list of this state, at twenty five dollars per annum, but having removed to Kentucky, the distance renders the amount much less valuable than it would otherwise be, and praying the legislature to commute the same for a sum certain, in amount as much as they may think reasonable;
Also a petition of Gabriel Burnet and Richard Townsend, of Dinwiddie county, praying, for reasons stated in the petition, the remission of damages found against them by the verdict of a jury in the District Court of Petersburg;
Also a petition of Mary Cox, administratrix of Abner Cox, dec. praying that she may be paid the sum of sixty pounds, on account of certain repairs done by her intestate in his life time to Layton's warehouses, in Essex county, which were let to the lowest bidder, by an order of the court of said county, and which money has not been paid on account of causes which are stated in the said petition;
Also a petition of James Ward, of Wythe county, praying compensation for the service of a horse found by him for the purpose of conveying Jonathan Shepherd to the lunatic hospital, in the city of Williamsburg, and for provision found the said horse and lunatic, for which he has received nothing;
Also a petition of Filmer W. Mountfort, jailer of Nansemond county and for the District Court of Suffolk, praying compensation for keeping James Weatherly, a lunatic, 193 days, when there was no room for him in the lunatic hospital;
Also a petition of William G. Winston, late sheriff of Hanover, praying the remission of a fine, for reasons in the petition stated, assessed upon him by the General Court, for failing to return an execution of the commonwealth in due time;
Also a petition of Daniel Prudden, executor of James Prudden, dec. praying for payment by the state of a sum of money deposited in her treasury in the year 1776;
Also a petition of Thomas Armistead, praying compensation for services rendered during the revolutionary war;
Also a petition of Thomas Jordan, stating that he was appointed collector of the taxes for the county of Isle of Wight due for the year 1799, and praying, for reasons stated in the said petition, an allowance of the additional compensation of two and a half per cent;
Ordered, That the said petitions be referred to the committee of claims; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the house.
A petition of a number of the inhabitants of Elizabeth City county, was received, praying the passage of a law relative to certain lands lying in said county; and referred to the committee appointed to bring in a bill on that subject.
A memorial of Brigadier General Thompson Mason was presented and read, praying certain alterations in that part of the militia law which relates to the salary of brigade inspectors; and ordered to be referred to the committee appointed to make certain amendments to the said law.
A petition of Richard L. Green and others on behalf of the Methodist Episcopal Church at Norfolk and Portsmouth, and a petition from sundry other inhabitants of said town and their vicinity, were received, praying the attention of the legislature to an act passed at its last session, on the subject of unlawful meetings of slaves; and ordered to be referred to the committee appointed to bring in a bill amendatory of the said law.
A petition from a number of the inhabitants of Norfolk borough in opposition to a petition heretofore referred to the committee for courts of justice, praying for a repeal of a law authorising the extension of Church street, in the said borough, was received and referred to the same committee.
A petition from a number of the inhabitants of Fairfax county was received, on the subject of establishing a town at the courthouse of the said county; and referred to the committee to whom was referred the petition of Richard Ratcliffe, on the same subject.
A petition from a number of the inhabitants of the town of Lynchburg, praying further time to the owners of lots in said town to improve the same, was received and referred to the committee to whom was referred a petition on the same subject.
A petition of George Maberry & Co. owners of Iron works in Shenandoah county, was presented and read, praying that the persons on the militia list who are engaged in their Iron works may be exempted from attending musters;
Also a petition of Henry Simmon and Isaac Henkle, who were securities for Robert Burnett, sheriff of Pendleton, praying exoneration from their liability on account of certain delinquencies of their principal;
Also a petition of George Wheeler, of Culpeper county, praying indemnification by the state of certain losses in the petition stated, by the exertions of the petitioner to furnish arms for the use of the Commonwealth;
And the question being severally put upon the reference of the said petitions;
It passed in the negative.
Resolved, That the said petitions be rejected.
Mr. Beeson presented, according to order, a bill, "To increase the reward for killing Wolves in Wood county"; which was received and ordered to lie on the table.
The several orders of the day for the house to resolve itself into a committee of the whole house on the bill, "To prevent slaves being brought into this state," and on the state of the Commonwealth, being read;
Ordered, That the same be put off till to-morrow.
And then the house adjourned till to-morrow 12 o'clock.
THURSDAY, December 20th, 1804.
Ordered, That Mr. Edwards be added to the committee appointed to revise the law relating to the fees of certain officers; and Messrs. Leake and Hening, to the committee appointed to enquire into the subject of the upper navigation of James river.
A communication from the Senate by their clerk:
The Senate have passed the bill, entitled, "An act, incorporating a library company in the county of Prince-Edward."
They have also passed the bill, entitled, "An act, authorising William Bentley and Edward Mosley to erect a toll-bridge over Staunton river," with an amendment, to which amendment, they request the concurrence of the House of Delegates.
The house forthwith proceeded to consider the said amendment; and the same being twice read, was agreed to.
Ordered, That the clerk acquaint the Senate therewith.
An engrossed bill, "Authorising a sale of the glebe of the parish of St. Mary, for the purposes therein mentioned," was read a third time;
Resolved, that the bill do pass, and that the title be, an act, "Authorising a sale of the glebe of the parish of St. Mary, for the purposes therein mentioned."
Mr. Jennings reported, from the committee of claims, that the committee had, according to order, had under their consideration, the petition of William Shepherd, to them referred, and had come to a resolution thereupon, which he handed in at the clerk's table, where the same was twice read and agreed to by the house, as follows:
Resolved, as the opinion of this committee, that the petition of William Shepherd, praying the legislature to allow him a certain liquidated sum in lieu of his yearly pension, is reasonable.
Ordered, That a bill be brought in pursuant to the said resolution, and that the committee of claims do prepare and bring in the same.
Mr. E. Harrison reported, from the committee of Propositions and grievances, that the committee had, according to order, had under their consideration sundry petitions to them referred, and had come to several resolutions thereupon, which he handed in at the clerk's table, where the same were twice read and agreed to by the house, as follows:
1. Resolved, as the opinion of this committee, that the petition of sundry inhabitants of the county of Shenandoah, praying for a division of the said county, be rejected.
2. Resolved, as the opinion of this committee, that the petition of sundry other inhabitants of the county of Shenandoah, in opposition thereto, is reasonable.
3. Resolved, as the opinion of this committee, that the petition of sundry inhabitants of the county of Richmond, praying that an act may pass for re-establishing an inspection of tobacco at Totuskey warehouses in the said county, is reasonable.
4. Resolved, as the opinion of this committee, that the petition of Peter Rust, praying for the establishment of a ferry from his land in the county of Richmond, across Rappahannock river to his land on the opposite shore, in the county of Essex, is reasonable.
(To be continued.)