The enquirer (Richmond, Va.), 1807-06-20 00:00:00

The Enquirer.
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE POST-OFFICE.....AT FIVE DOLLARS PER ANNUM.....(PAYABLE IN ADVANCE.)
VOLUME 4]
RICHMOND, SATURDAY MORNING, JUNE 20, 1807.
[NUMBER 12.]
At a Chancery District Court held in Williamsburg the 28th day of April, 1806.
Elizabeth Daniel, executrix of John Daniel, Major Turner and Sally his Wife, admx. of Chetley Daniel, Daniel, Widow and administratrix of James Daniel, and Henry Lucas, executor of Overtion Daniel, against
James Gregory, surviving executor of John Daniel, Thomas Healy, late sheriff of the county of Middlesex, and fiduciary possessor of the goods and chattels, rights and credits of George Lorimer, deceased, who was an executor of the last named John Daniel, unadministered by Samuel Kluge, deceased; John Montague, admr. of the said Samuel Kluge, Benjamin Kidd and James Kidd, executor of James Kidd; John Quarles, executor of John George, deceased; James Henry Thacker Lorimer and Thomas Fauntleroy. Defendants.
At the trial of the defendants in this cause, regularly before master commissioner Coleman, at the time of making up the accounts reported by him, the said report is set aside, and it is ordered, that the said accounts be again made up by the said commissioner, upon notice to all of the defendants, and reported to the court.
A Copy.
ANTY. ROBINSON, c.c.
Commissioner's Office, Williamsburg, June 13, 1807. THE parties concerned, are hereby notified, that I shall, at this office, on Thursday the 16th of July next, proceed to make up the accounts directed in the above case.
Wm. COLEMAN, m. c. lawfw.
By virtue of a Deed of Trust, executed to us by Mr. William Skipwith, for the purpose of securing the payment of a certain sum of money, therein mentioned - we shall, on Monday the 20th of the ensuing month, between the hours of one and three o'clock, proceed to sell, at the Eagle-Tavern, in the City of Richmond, to the highest bidder, for ready money,
THAT valuable TRACT OF LAND, lying in the county of Cumberland, called MILL-MOUNT, containing seven hundred acres - the same having been conveyed to the said William Skipwith, by Col. Henry Skipwith.
We shall likewise, should the above mentioned Land not produce the necessary sum, proceed in like manner to sell one other TRACT OF LAND, in the county of Amelia, containing one hundred and thirty acres, together with a Grist-Mill thereon. The said Land and Mill having also been conveyed to the said Wm. Skipwith by the said Col. Henry Skipwith.
JOSEPH SCOTT, } Trustees. W. WARDLAW, } tdf.
By virtue of a Deed of Trust, executed on the 24th day of May, 1806; whereby David Roff conveyed to us, a tract of Land called Coles, in the county of Goochland, containing by a then late survey, 1310 acres; also, another tract a small distance from that called Coles, containing 200 acres, more or less, it being the same land, that the said Roff purchased from John Hughes and wife, and also the tract of land called Mount Prospect, the greater part of which lies in Powhatan, containing by estimation 1200 acres except 225 acres heretofore sold by the said Roff, out of the said tract, to Samuel Pettit, to raise the sum of eleven thousand and four hundred dollars, with interest thereon, from the 1st January, 1807, together with all charges and expenses of sale; and in pursuance of a requisition made in writing, under the provisions of the said deed; we shall on the 3d day of August next, before the front door of the Eagle-Tavern, in the city of Richmond, sell for ready money, all and singular, the land and estates above mentioned, at such time and place, conveyances will be made to the purchasers. A more particular description of the above property, may be seen by tracing the references contained in the said deed now of record, in the general court, under an acknowledgment of the same in court, on the 12th June, 1806.
THOS. NORVELL. W. ALLEN. Wm. C. WILLIAMS. tdf.
June 20.
NOTICE.
In pursuance of a Deed of Trust, bearing date the 24th day of August, 1806 - between Andrew Lewis, of the county of Montgomery, of the first part, James Broom, of the City of Richmond, Merchant, of the second part, and myself of the third part, (for so long as the said Broom continues to be the said Andrew Lewis, 1807,) I shall, unless cause be shown to the contrary, for ready money, at Public Auction, 12 o'clock, at the Eagle-Tavern in the City of Richmond -
ONE TRACT OF LAND, in the county of Kanawha, called Lewis's Salt Rock, now under lease to Abraham Trigg, and the patented Land, including the same, under the name of the Salt-Rock Bottom; & also two Tracts of Land, in the county of Botetourt, on Back creek, which empties itself into Roanoke river, containing about five hundred acres, and purchased by the said Andrew Lewis, one from John Frazar, and the other from Abraham Pickensmore; one of which, is a valuable Grist Mill; and also one half of the Coppermine tract of Land, in the county of Montgomery, on the west fork of the Little river, known by the name of Shelton's Coppermine; & also, one Tract of Land, in the county of Albemarle, containing about 100 and thirty-five acres, formerly the property of David Wade; for the purpose of raising a sum of money, sufficient to discharge and pay to the said James Broom, the sum of four thousand and fifty-nine dollars and ninety-three cents, with interest from the said 15th day of February, 1807, and all costs and expenses attending the said sale. Deeds will be made to the purchasers in conformity with the said Deed of Trust. The sale will take place on the 18th July, 1807, at 12 o'clock.
FRANC"> FRANCIS FOLLET. tdf.
June 20.
TEN DOLLARS REWARD.
Ran away from the subscriber, living in Hanover county, on the 17th inst.
A NEGRO MAN, named JIM - he is about 21 years of age, of middling figure, has very red eyes and a down look when spoken to, bends a little forward in his knees when standing. It would be useless to describe his dress, as it is probable that he will change it; it is highly probable that he is a lark about the city of Richmond, as he was hired there the last year by Mr. Anthony Turner of said city, or that he will endeavor to get into Maryland, as he has some few years past made the attempt. This is to forewarn all persons from harbouring or concealing said Negro, or masters of vessels from carrying said Negro out of this state; as they will be dealt with according to the law directed. The above reward will be given to any person that will deliver said Negro to me, or secure him in jail, so that I get him again, and all reasonable charges paid.
NATH. ILL. 2w4.
June 20.
THE holder of the 1st Volume of a London Quarterly Edition of Smollett's DON QUIXOTE, bound in red Morocco and gilt; will receive a liberal compensation for it, on leaving it with the editor of this Paper.
June 20.
REMOVAL.
JACOB JOHNSTON, BOOKSELLER & STATIONER, MAIN STREET RICHMOND:
Has removed his Store near the market-bridge, two doors below Messrs. Messers, Raper and Babbanan's, auction store; Messrs. Darnall, Fister and Satchell's auction store;
HAS constantly for sale, on reasonable terms, an extensive assortment of BOOKS, in the different departments of literature, and more particularly, those articles suited to the demand of country merchants, whose orders he respectfully solicits. The upper part of the House to rent, with a convenient Kitchen, Yard, &c. June 20. eplm.
STRAYED OR STOLEN.
From the Commons of this City, on the 12th inst.
A SORREL HORSE, with a flaxen mane and tail, aged 7 years this spring, about 15 hands high, his marks as well as remembered, are his hind and one of his fore feet white, a blaze or a star in his forehead, some saddle spots, and had his tail broken in the operation of nicking; he paces, trots and canters pleasantly, and has been lately broke to run a chaise. I am induced to believe he is stolen; if so, will give a reward of 50 dollars, upon conviction of the thief; but if strayed, will reward any person liberally for such information as will secure him again. EDWD. W. TRENT. lawfw. June 20.
TOBACCO LAND FOR SALE.
In Amherst County, on Horse's Creek - 509 acres of
RICH TOBACCO LAND, formerly the property of Mr. Daniel Warwick, and known by the name of Wincanton. This Land has the advantage of lying on the main road leading from Amherst Court-House to Waugh's Ferry, on James River, is a valuable stand for a country Store, with a tramped house for that purpose, and sufficiently large, having two rooms below and two above stairs, with a good brick chimney and well underpinned with brick. Also, a Lumber-House, fifteen feet square, with a cellar of its full size, walled up with stone. There is also a Taylor and Saddler's Shop, and other out Houses. Likewise a tolerable good Dwelling-House, with three Rooms below and two above stairs, a Kitchen, Dairy, and other out Houses within a mile of the Store, suitable for a private family. This Tract of Land is only seven miles from Bethel, where there is an inspection of Tobacco, and within eighteen miles of Lynchburg.
As it is presumed no person will be inclined to purchase without viewing the premises; they will be shown by Messrs. Taliaferro and Loring, who live within a few miles of Wincanton, and are fully empowered to make sale, and the terms of payment may be known from them, as also on application to THOMAS GILLILAT. tdf. Richmond, June 20.
The above Tract of Land and improvements will be offered for sale at Amherst Court House, on Monday the 17th day of August next, (being court day,) on a credit of one, two and three years, if punctually paid, if not, to sorry interest from day of sale.
A deed of trust will be required on the premises or satisfactory security for punctual payment. N. B. There are 100 acres of James River Low-grounds.
RICHMOND TURNPIKE COMPANY.
At a meeting of the Directors, held at the Eagle-Tavern, in the City of Richmond, on Monday evening the 8th of June, 1807,
RESOLVED, That the Stock holders in the said company, pay to their Treasurer, on or before the first day of August next, the further sum of five dollars upon each share held by them respectively, in the said Company. A Copy. Telco. M. SHEPPARD, Clerk. May 20. if
June 20.
Europe.
Extracts from Paris papers to the 14th April.
Translated for the Mercantile Advertiser.
TURKEY. CONSTANTINOPLE, 10th March.
ENGLISH EXPEDITION.
The English Ambassador, Mr. Arbuthnot, perceiving that he alone could not succeed in frightening the grand Seignor and his ministers, ventured to go himself in person and bring the English squadron with which he had threatened the divan for so long a time. It was in the afternoon of the 20th of Feb. that intelligence was received here of that fleet, consisting of seven ships of the line, 2 of which were 110, 2 84's and 2 74's, besides 2 frigates of 48 and two fire ships, having passed the Straights of the Dardanelles all without any resistance, a few hours afterwards it was seen casting anchor three leagues from Constantinople.
The appearance of these forces, which found us in some measure unprovided, excited at first an unfavourable sensation upon the minds of the inhabitants. The divan itself seemed uneasy and irresolute. A great consternation spread throughout the city.
The French Ambassador, without suffering himself to be moved by the effects of that crisis, threw himself as it were upon the helm, undertook to inspire courage and confidence, and to draw out an order for defending the city. He succeeded. From that moment the French military obtained every thing, from the good will of the ministry and the Turkish engineers. The people seeing in the morning the disposition which had been made during the night, showed themselves disposed to second this movement of energy.
The preparations for defence could not yet however, be very considerable. They consisted only in a battery of 18 pieces of cannon, hastily thrown up before Tophana; another battery of 10 cannons placed on the coast of Asia; and lastly in 4 or 5 small cannons which had been put upon an advanced tower. All this might have incommoded the English squadron had it entered; but not being supported by the cross fires of the point of the Seraglio, would have been far from sufficient to preserve the city, Turkish fleet, the magazine, &c.
Happily the English Admiral, though he had with him Sir Sidney Smith and five ships, knew not how to take advantage of this moment: he suffered himself to be driven into a kind of negotiation which the Porte carefully kept in suspense until she found herself in a situation to repulse every aggression. The dispositions that were making soon put her in a state to raise her tone, and she rejected the odious propositions of the enemy. We had at that time 300 pieces of cannon in battery, mortars and howitzers - 5000 men for red hot bullets in activity,
200,000 men armed with rifles and fusils and animated with the best spirit, 80 gun sloops forming the advanced guard of nine ships of the line; six heavy frigates and six corvettes in the road; and five large ships in front of the fort.
All this has contributed no little to shorten the negotiation. The English Admiral judging, no doubt, from these dispositions that similar measures would be taken to shut the passage of the Dardanelles against him, hastened, after having reconnoitred our position, to make his retreat. He has passed the Dardanelles; but the Turkish garrison, animated by the example of the capital, fired desperately from the only battery which time had allowed to erect there. It disabled and took the corvette which the English had taken on their passage, and it sunk a polacre, loaded with ammunition. Four days later, and the enemy would not have come off so easily.
The English Ambassador had, in his negotiations with the Divan, demanded as preliminaries, that the Porte should turn away the French ambassador and the whole legation; that all hostilities should from that moment cease with Russia; that every armament, fortification, and erection of batteries, should immediately be suspended at Constantinople; that the treaty of alliance with England should be renewed; that a treaty of alliance with Russia should be concluded; that an English and Russian Garrison should be established at the Dardanelles and in the castles of the Bosphorus; that an English garrison should be established at Alexandria; and a Russian garrison in one of the Morea; and lastly that there should be put immediately at the disposal of the English admiral, to be employed in the service of G. Britain, fifteen ships of the line and ten frigates, equalled for one year.
After having announced that Mr. Arbuthnot's mission was at an end, and notified the blocking of Constantinople: The English admiral declared that if the above preliminaries were not accepted he would forcibly enter the port, set fire to the town, &c. He has not obtained any thing of his demands, and he has returned well convinced, no doubt, that he would not be able at present to come to dictate conditions to the Sublime Porte, with a naval armament of forty sail.
This success is wholly owing to General Sebastiani; and it is easy to perceive, by the conditions which the English had come to dictate, from what misfortunes and opprobrium he has preserved the Turks. He has given proof, in this instance, of a courage, presence of mind, character and resolution above all praise. Every Frenchman has more or less seconded him; each of them, on this occasion, made himself an engineer, a cannonier, or a mechanist.
The day after the appearance of the English, a Captain du Genie and two captains of the artillery of the army of Dalmatia, very opportunely arrived at Constantinople. They immediately went to work and were of great help. Chance brought also the next day a French cannonier that had been driven away from Bagdad through the intrigues of the English; he was immediately put in the way to avenge himself. Every Frenchman was night and day at the batteries.
The Grand Seignor, the Ministers the Janissaries, the Cannoniers, and the whole of the inhabitants, loudly acknowledge that it is to the French they owe their salvation. - And in truth they are treated at this moment with a deference, a friendship, and even a kind of respect, not common on the part of the Turks.
It is but justice also to say, that after the first moment of uneasiness and consternation was over, the attitude of the Turks was very remarkable for its calmness and courage. As soon as the Grand Seignor had manifested the intention of resisting the enemy to the last extremity, all the ministers, all the grandees of the state, took the immediate resolution to repair each of them to a battery to encourage and excite the workmen. They at first stood in the open air, then under small tents, none of them under old sheds, during six nights, night and day, without leaving it for an instant.
French engineers and officers have just left off for the Bosphorus, for the purpose of determining upon proper spots for batteries. They will go from thence to the Dardanelles for the same object. The Grand Seignor has given the formal order that every thing determined by the French ambassador should receive an immediate and punctilious execution. From this disposition of his highness, General Sebastiani will cause the Dardanelles and the Bosphorus, which are the two keys of the Capital, to be put in a state capable of resisting every aggression on the part of England or of Russia.
The Grand Seignor, during the six days the English have been here, has given an example of courage and devotedness the most absolute. He has not gone to rest one single night. Every morning he would go to encourage the people at work, and would kindly smile at every Frenchman he met. - He caused the Gardens of the Seraglio to be opened, to have batteries erected there and had even offered, if it had been judged necessary, to have batteries placed in his Harem.
The city of Constantinople offered on every point an extraordinary spectacle. - From the dispositions and the fort of exultation with which the inhabitants were observed to be animated, it would have been a desirable thing that the English should have persisted in their enterprise. Their fleet would never have respected the Dardanelles.
FRANCE.
PARIS, April 12.
For some days past the political horizon has brightened. The catastrophe with which the Ottoman empire seemed threatened is no more to be feared. The appearance of the English has only served to reveal to its resources, and to awaken its energy. It seems as if they had come under the walls of Constantinople, merely for the purpose of letting Russia, their ally, be acquainted with the dispositions of the Turkish people for reconquering their independence.
Until now the temerity of the ambassador and English admiral has already had a most fatal result for the interest of their nation. They have charged the influence which the French owed to the glory of their sovereign, and of their arms, into a frank alliance, indisputable and superior to all religious prejudices which had prevented the Turks from fighting under the same banners with the French. This alliance, rendering the natural valour of the Ottomans useful, gives to that great body the soul which it wanted; it is the greatest victory
France could obtain at this moment for the salvation of Europe. The first result is depriving England as it were of the drag of a fishing net, of the immense commerce, which it made almost exclusively in the possessions of the Grand Seignor. The second effect of this aggression is the forming between Persia, Turkey and France a military line of operations directed against their common enemies, from the extremities of Europe to the centre of Asia.
PRUSSIA.
Elling, April 1.
The Emperor is expected here every moment. There is a great number of cavalry cantoned in the neighbourhood of our city, and every workshop is busily employed in working for it. 4000 horses are estimated to have been drawn by the French from the Isle of Nogat, which is doubtless, one of the finest countries in Prussia. Considerable parks of artillery have arrived from Warsaw, by the Vistula, before Dantzig.
Yesterday arrived, the ship Eclipse, capt. Kitts, from Hamburg, which he left the 20th of April, and brings papers of that date, which we have put in the hands of the translator, and if there is any thing, we shall give it tomorrow. The captain informs that the Swedes had attacked the French near Stralsund, on the 23th March, in which the French left wing and part of the centre were cut up, and that after the action, the enemy had drove the French from some other posts. We rather think this may have been the fort mentioned in the 67th and 68th Bulletins. Phil. True Ave.
From Hamburg papers to the 20th April, received by the Eclipse, at Philadelphia. [Translated for the True American.]
Berlin, April 9. On the afternoon of the 4th inst. a party of 2000 infantry, and 2000 cavalry drew off from Gratz, and directed their march towards the village of Petrowetz, for the purpose of procuring provisions. Gen. Leclerc, immediately fell upon them in the evening and soon obliged them to retreat: to the fort besides the killed, the enemy lost one buff officer, ten mounted hussars and six fusiliers.
Bamberg, April 10. Direct information from the French headquarters, dated Posen, 21st March, confirms from an unquestionable source, the previous rumours respecting overtures making between the belligerent forces, and further states, that a Continental Peace will without doubt be the result.
Haag, April 14.
His Majesty's Corvette Ins. Capt. Langer, failed from the Texel as Parliamentary for England.
Accounts from London state that 120,000 pound sterling has been shipped on board two armed vessels destined for the Baltic. - The allies of Great Britain according to the dispatches of Lord Hutchinson, appear to stand in great need of this assistance. There is also a great scarcity of arms.
Hague, April 14.
The legislative body did not close their session yesterday, as was expected. They met again this morning in order to take into consideration the royal message of the 28th March, concerning the new forces to be raised. The new loan is already completed and subscriptions can only be had at second hand.
Copenhagen, April 14.
Our mercantile paper gives, this day, the following information, "Whereas, several persons in the mercantile line have suffered considerable losses, by suffering agreements to be made in their name, with captors of really neutral vessels and cargoes, for the payment of the expenses of the captors for carrying them in; it is supposed necessary to publish the following, in order to prove that if a due course of law is taken, a better decision may be obtained: The ship African, of Altona, commanded by capt. Seeman, was last year on her voyage from Acra to Frederickskadt, detained by the English privateer Hero, capt. Gool Gilivel. As to the ship's papers, as well as the declaration of the ship's crew, irrefragably established the neutrality of the ship and cargo; the captor offered to deduct from the suit, the captain paying his costs. The owner insisted on his part on the recovery of damages, sustained by bringing in said vessel, and his further expenses; and notwithstanding his attorney (an Englishman) advised him to close with the proposal of the captor, he nevertheless adhered to his determination, that the matter should be decided by the court. The result was, that the judge of the court of Vice Admiralty, Sir William Scott, on the 5th February condemned the captor to the payment of all damages and expenses occasioned by this unjust detention."
Lower Elbe, April 20.
The Swedes have taken possession of the port of Swinemunde by the aid of gun-boats. Marshal Mortier with a considerable corps attacked the garrison at Stralsund, which, he probably by this time has obliged them to shelter in the fortresses. Last night or the night before the whole body of foreign troops (the Gensdarmen excepted) marched out of Hamburg. The posts in the city and at the gates are now supplied by the city soldiers. The garrison at Dantzig is from day to day reinforced. 11000 men are to embark for that place from Memel. The rumours of a determined armistice and faint appearances of peace has completely vanished away. The prince of Benevento, it is said, is shortly going to Berlin.
April 16.
The army was still stationed there; the scarcity of provisions became more perceptible, but they were in expectation of receiving a supply from some of the ports in the Baltic. In Dantzig, provision is also very dear.
HAMBURGH, April 16.
Letters from Memel of the 24 April, mentions the arrival there of the Emperor of Russia; he arrived on the morning of that day. Their Majesties, the Emperor of Russia and the King of Prussia, will in a few days repair to the army. At Memel a corps of Prussians is embarking for Dantzig. The miscarried expedition against Constantinople is very detrimental to the allied powers.
Paris, April 10.
By an Imperial decree of the 20th March, the establishment of 5 legions of reserve for the maris-
al and for the protection of the frontiers and the sea coast is ordered. Each legion is to consist of 5 battalions, each battalion of 8 companies, and each company of 160 men - Each legion is to be commanded by a Senator and receives but one standard or eagle; their uniform is to be the same as that of the troops of the line. The first legion meet at Lille, the second at Metz, the third at Rennes, the fourth at Versailles, and the fifth at Grenoble. By an Imperial decree of the 25th March the cities of Brest and Antwerp, are declared to be in a state of siege. The Senator Abbéville is appointed governor of Brest, and the Senator Ferino, governor of Antwerp. The inspector general of the military hospitals Mr. Delgeuiler, has received orders to go to the grand army. The Hamburg papers contain a great number of advertisements of the largest houses, country seats, gardens, &c. in and about Hamburg, which confirm the verbal accounts, we have had of the total stagnation of trade of that great emporium.
VIENNA, March 28.
According to the last official accounts from Turkey of the 24th March, there was not only no treaty of peace made between the Porte and the court of London and St. Petersburg, but even the negotiation with the English ambassador, Mr. Arbuthnot, was entirely broken off, and the preparations for defence, on the part of the Turks were most vigorously pursued. Why the English fleet returned to the Dardanelles, and whether as some will affirm, it was forced only by a gale of wind to do so, is not well known yet. The Turkish fleet which was taken or destroyed by the English, after they had silenced the batteries of the 21st castles of the Dardanelles, by a most dreadful bombardment, consisted of 1 ship of the line of 84 guns, 2 frigates, and 2 sloops of war. Sir Sidney Smith, was in the year 17, in Constantinople, by which opportunity he undoubtedly examined the situation of the Dardanelles. The Porte was at that time in alliance with England, as soon as the English fleet had arrived before Constantinople, vice admiral Duckworth dispatched two fast sailing cutters into the Black Sea - probably to inform the Russian fleet, which lay at the mouth of the Danau near Kilia, of his arrival. As all the strong castles on the coast of Europe, as well as on that of the coast of Asia, all along the channel, are in the possession of the Turks, and cannot be taken but by regular siege, for which the English have not a sufficiency of troops, the English fleet is in a very critical situation; for the Turkish garrisons of these castles, among whom there are certainly a great number of Frenchmen, might take it into their heads to fire red-hot balls upon the English ships as they pass by.
NEW-YORK, June 12.
Capt. Gale, of the Schooner Mariner, arrived at this port from Currazoa, which place he left on the 17th May, informs, that a flag of Truce arrived at that port from Laguira the evening before he failed; that an express was immediately dispatched to Jamaica - that all the negroes in Currazoa were ordered into the Forts and that the frigate Arethusa, which was lying in the Lagoona, with her falls unben, was immediately put in readiness for Sea. Capt. G. was informed that 7 French ships of the line, had arrived at Laguira, and that it was supposed the flag of Truce brought the news of the arrival of the above fleet.
Domestic.
Extract of a letter from J. M. Forbes, American Consul at Hamburg, to a Commercial House of the first respectability in this city, dated
HAMBURGH, April 8, 1807.
"I have now to add the agreeable news that the navigation of the coast, from Tonnungen here is permitted by the English, and hopes are entertained that in a short time we shall have a modification of our blockade by the English, which will permit neutral vessels coming from neutral places to enter this river, except such as may be laden with provisions and other articles necessary for the French armies. The present times are difficult, but the general consternation is, that the crisis is past and we hope things are on the mend. A regulation has been made by Marshal Brune, touching foreign trade, and promising protection to neutral; such as arrive from the U. S. will not be seized even to the accustomed visits by the French Cruisers, and unless they have touched in England, will be admitted to an unopposed entry. It is said, that already licences are freely granted by the English government for neutral vessels laden with colonial produce to enter the river and proceed as far as Gluckstadt." Phil. pap.
Since the report of the rejection of the Treaty,
(says a late London paper) no further advice has been received from America. The official dispatches from our Minister, Mr. Erskine, are hourly expected. What motives have induced the Americans to refuse their ratification of the Treaty, we know not; perhaps they saw such a conceding spirit on our part, which they were mensing us with Non-Importation Acts, they may think, by holding out, to obtain greater concessions. To the rejection of the Treaty, if it were of that description, which at the period of its signature report stated it to be, will not be a subject of much regret.
Gen. Victor Leopold Berthier, Chief of the Staff
Corps of the French army, and one of the commanders of the Legion of Honour, died at Paris on the 24th March, after a month's illness.
A gentleman who came prisoner in the
Amelia from London, arrived at Boston, assures us, that the conduct of Mr. Munroe has been highly approved of by the mercantile interest of that city - and that a public and very splendid Dinner was to be given him by the merchants, as a mark of respect for his vigilant exertions in endeavouring to restore a friendly intercourse between that country and the U. S. Phil. paper.
COURT OF VICE ADMIRALTY.
NASSAU, May 19, 1807.
Before the Worshipful Henry Moreton Dyer, Esq. Sits Judge and Commissioners.
Suffolk, Crocker, master. Mr. Kerr on behalf of captors, prayed for condemnation, as well as upon the insufficiency of the further proofs produced by his party, with respect to the illegality of the trade, in which the said ship was engaged, at the time of the capture, as upon the ground of the claimants not having produced any of the proofs which they had been directed to do, by the decree of the court in their original cause. When his Honor the Judge, heard as well the said further proofs produced on the part of

on behalf of Messrs. Bailey and Howard, and others; and by interlocutory decree, condemned the ship and all her tackle, apparel and furniture, together with all and every the goods, wares and merchandise, on board of her laden, at the capture aforesaid, as good and lawful prize to the private ship of war Favorite, Richard Barnett, commander.
John Meigs, master. —A further proof case.—Mr. Armstrong, Solicitor General, exhibited further proofs on the part of Messrs. Moses Lippitt and John Rogers of Providence, Rhode-Island, with respect to the nature of the importation into the United States, of the cargo laden on board of said ship, at the time of the capture; which he prayed to be admitted, pronounced sufficient, and that the said ship and her cargo be restored as claimed.
Mr. Kerr prayed that the said further proofs be pronounced insufficient, and that the property be condemned.
His Honor the Judge, having heard the said further proofs read, and the arguments of advocates and proctors on both sides thereon, admitted and pronounced the same to be sufficient, in so far as the same related to two boxes of linens, imported by the said Lippitt and Rogers, in the ship Nancy, Joshua Mauran, master, from Trieste, in the Gulf of Venice; and by interlocutory decree, directed the said two boxes of linens to be restored to the claimant, for the use of the owners and proprietors thereof—declared the said further proofs to be insufficient, in so far as the same related to the general cargo of the said ship John, imported by the said Lippitt and Rogers, in the ship Columbia, Wm. Rodman, master, from Amsterdam; pronounced the ship, her tackle, apparel and furniture, together with all and every the goods, wares and merchandise on board of her laden, at the capture aforesaid, (with the exception only of the two boxes of linens aforesaid) to have belonged, at the time of such capture, to enemies of the crown of Great Britain & Ireland, and as such or otherwise subject and liable to confiscation, and by further interlocutory decree condemned the same as good and lawful prize to the private ship of war Fancy, Henry Wood Esq. commander.
Mr. Armstrong, with all due reverence, protested a grievance and of appeal; his Honor the Judge, at Petition of Mr. Kerr, directed the sentence not to be suspended, on bail being given to answer the appeal.
On petition of both Proctors, commission of appraisement issued.
The ship Walker, Clarke (of New Bedford) from London, for New York, with a valuable cargo of Dry Goods, &c., was captured a few days after sailing by the French privateer La Brave from Bayonne, who took out the mate, 5 or 6 men, and about 1000 sterling of goods, and ordered the ship for a French port—Capt. C. had not been in their possession above two or three days when he re-captured his ship, and was making the best of his way for this port when he fell in with a British fleet, bound to Halifax, under convoy of a frigate, who sent 30 men on board and ordered her to Halifax. The above intelligence was received at Boston by a brig arrived at that port in a long passage from London.
ANECDOTE OF THE ARCHDUKE CHARLES. The French ambassador having, by orders of his master, demanded to be informed of the object of the Austrian government, in recruiting its army and sending troops to the frontiers, and expressed at the same time a hope, that no hostile intentions against France were entertained by that cabinet—the Archduke replied, by despatching a letter to the Minister, of a particular date last year, where he would find this answer:—The Austrian army has been so completely ruined, that it will take at least ten years to recruit it; as yet not more than one year has elapsed.
The Enquirer.
RICHMOND, 20th JUNE.
TRIAL OF AARON BURR.
Circuit Court of the U. States for the fifth circuit and District of Virginia. Present JOHN MARSHALL, Chief Justice of the U. States. And CYRUS GRIFFIN, Judge of the District of Virginia.
TUESDAY, June 16th.
After the reading of the President's letter (as was stated under this head in the last Enquirer) and the comments which it produced, the Chief Justice made some remarks upon the propriety of observing a certain order in the debate. It would be the best course on every point of subordinate importance, for the counsel on either side to open the motion; the opposite counsel to reply; and the debate to be then closed by the party opening it, unless some new matter was brought out in the course of his remarks.—Some deftly conversation ensued at the bar, in which both parties acquiesced in the propriety of this arrangement.
Mr. Hay then begged leave to call the attention of the court to a subject, which had been agitated yesterday. He observed that Dr. Bollman had gone up before the G. J.; what his answers were, he knew not; but he presumed that the same information were as necessary for him, as for Wilie; that when they were brought before the Grand Jury, Mr. Wilie might substantiate and Dr. Bollman might interpret the cyphered letter; that hence arose the necessity of the proposition, which he had already supported, that Dr. Bollman was a pardoned man, however humiliating the situation to which he might thus be reduced; and hence the necessity of submitting a second question to the court; how far a man in Wilie's situation pretending to be an accomplice, might stand with his mouth shut, and refuse to answer every question which might be propounded.
Mr. Burr stated, that he had understood the question respecting Dr. B. to have been disposed of, the other day, by Mr. Hay's acquiescence. Dr. B. has been sent up before the G. Jury, and according to Mr. B.'s own confession, he knows not but he has disclosed all his information without reserve: "We will go on with yesterday's motion."
Here a deftly conversation ensued, when Mr. Burr observed, that perhaps it would satisfy the attorney for the U. States, if he consented (which he would now do) that it be certified to the G. Jury, that Dr. B. had received a voluntary and unsolicited pardon from the P. U. S. which he had refused. For these reasons, Mr. Hay. An immense distance, from the object of my wishes! I insist upon it, that Dr. B. is a pardoned man; and under that character I wish him to appear before the G. Jury.—There is one reason, sir, why I desire an immediate decision on this question. His evidence is now required before the G. J.; and I wish him to go up under such qualifications, as may entitle them to the benefit of all his knowledge.—Chief Justice. The question is, whether Dr. Bollman is a pardoned man, though he refuses the President's pardon.—Dr. Bollman (addressing the court.) I have answered every question that was put to me by the G. Jury.
Mr. Hay. That is not the point; the G. J. may have waived a great number of questions.—Mr. Wilie. I will make one enquiry of the witness. Can he decipher this letter?—Mr. Martin. You must seek for another interpreter, sir. You must do it yourself. Mr. Hay.
I have an interpreter at this moment under my eye. Mr. McRae. I ask Dr. Bollman, to look at the German of this letter, and not at the cypher. Mr. Martin. Let the court say, whether that is a proper question.
The Chief Justice decided, that Col. B.'s counsel should go on with the other point; how far a witness may refuse to answer a question, which he thinks would incriminate himself?
Mr. Bots. It has been again strongly intimated, that Wilie's claim to the privilege of not answering, pre-supposes his guilt.
Has Wilie no reason to seek exemption from the examination, but such as may grow out of a consciousness of guilt?
The attorney for the U. States sees every objection connected with Col. Burr, through a jaundiced medium; with him, "trifles as light as air are confirmations as strong as holy writ."
How far he might be disposed to involve this young man upon a confession of copying a paper in cypher, though of harmless import, I am not prepared to say. But let Wilie only commit himself so far, and then be carried by his business to that poor, unfortunate, outlaw'd, enslaved province of Louisiana, and abundant cause will be furnished for throwing him into a ship's hold, where he may be heard of no more; or he may have the better fortune of transportation to Washington for trial.
The danger apprehended grows out of no visionary estimates. We have not arrived at that point of our enquiry, which will make the occasion of arousing the indignation of our country apt. We shall very soon, sir, give you an awful impression of the miseries of that ill-fated territory, under the total surrender of the civil authority to military guidance. I am driven prematurely to glance at one outrage, which may serve as a sample of the wretched state in which that section of our dependencies is. A citizen of the United States now within the hearing of my voice, in a time of profound peace, was seized in New Orleans, and, without being charged with any offence, but merely on suspicion that he could give evidence against Col. Burr in this court, to which place he was willing to come, he was committed to prison without bail or main-prize; thrown into a stinking room with the common felons and negroes confined there, and only taken out at least to be transported to Richmond in custody. He was not even permitted to go to his lodgings to get a shirt, but like a malefactor he was forced to yield, in the humbleness of submission, to the will of his masters. Our revolutionary heroes were provoked to independence in part, by the wrongs of transporting American criminals for trial to England; but at this time, we are content with such a transportation, under circumstances of enormity, of one guilty of nothing but of a suspected capacity to be a witness! Shall we not be wary how we furnish a pretext against this stranger now called to implicate himself, in what are called the treasons and misdemeanors of Col. Burr, when without this he has suffered, though in a less degree, than the abused individual from Orleans.
But it has been remarked, that my client and his counsel had taken much interest in this privilege. We all feel interested in saving this innocent foreigner from the vengeance of illegal power. Col. Burr, particularly from the circumstance of having him in his service, is foolish that he alone should feel the pressure of unjust suspicion and prosecution.
But how did this letter come here? There is an exceeding foulness betrayed by that post mark in the mode of its acquisition. [Mr. Hay said that there was no post mark.] The "25" on the back is the only post mark of many of the country post offices. How came that mark there? Will the gentlemen say how the paper was acquired? If the post office was robbed, the possession of the paper was gained feloniously. The constitution has provided against the seizure of papers and the act of congress has fixed the offence of stealing from the post offices. It is impossible that this most detestable vice of the most infamous of European courts can have been patronized by the government. By a familiarity of our rulers with such hateful practices, the habits of the people would be demoralized. I beg the opposite counsel to join me in arraignment an act which will disgrace all who had an agency in it. It must be a dreadful state of society in which such an offence should be made the means of assisting to prove another. The principal of this government, if here, would join in the denunciation. If it be the government to suppress a paper thus unconstitutionally, clandestinely and illegally obtained—it cannot use the end without sanctioning the means—If they in the noble, generous spirit of a Chatham ministry, would disclaim every impure expedient, their able representatives here would do well not to disgrace their fingers with its touch.
Now for the abstract question of law. The question put to Wilie is "do you understand that the original of this letter was written by Col. Burr?" (Mr. McRae. No: that is not the question put. The present question is "do you understand that part of the letter which is in cypher?") Very well. The gentlemen charge that this letter contains treasonable matter (Mr. Hay. No such thing.) Then they must admit that it contains no treasonable matter. Hence the letter is irrelevant and forms no subject for discussion.
The rule is, that you shall not make the witness answer a question which may tend to implicate him in moral or legal turpitude. The witness himself must be the judge how far his answer may affect him—otherwise if he were obliged to answer for the court to judge of its tendency, he would be surrendering his protection in the means of securing it. If the answer should tend to make up a single link in the chain of testimony necessary to involve him in suspicion, he has a right to decline the answer. The link cannot be perceived by the judge to belong to the chain without an exposure of every other part of it. The question called from the state trials was "what profession are you of?" The witness was a Roman Catholic Priest and the answer would have subjected him to penalties. The court could not know what the answer would be or that it would affect the witness; but the witness knew that it would. His right therefore to decline the answer, if he thought it would implicate him, was sustained. What question could be on its face more harmless than the one resisted by that witness?
If the present question is answered others must be put, which the witness cannot answer. His reason, or how he came to understand that part of the letter which is in cypher, ought to be put, if the one announced is. Gibb. L. of Ev. 134. Could he answer the 2d. question and shall he tell half the truth and have his lips closed as to the other half? It were better that he should tell the whole though it were to involve him in the prosecution with Col. Burr. I know nothing of the contents of this letter. It may have been written for aught I know, by some young amorous intriguer to his mistress. Before I let down, I will beg leave of the gentlemen, when they offer paper for any purpose, to lodge it with the clerk. We do not with a gain to press upon the Court to rule such a
measure without necessity, but heretofore we have been prevented from getting a sight of any paper until the moment of discussion, and then not without difficulty.
Mr. Williams (Counsel for Mr. Wilie) went on considerable length into this subject. He supported two principal propositions. 1st. That a man is not bound to criminate himself and 2d. That he is from necessity the best judge of the tendency of his answers—whether two propositions he applied to the case before the court. We regret that from the great variety of authorities which he introduced, we cannot detail this gentleman's train of reasoning.
Mr. Martin. Mr. Wilie appears here under the character of Col. B.'s secretary. If he confesses that he knew the contents of this letter, and these contents should prove to be treasonable, his continuing in the service of Col. B. will make him a principal in the treason.—Mr. Wilie may have been privy to others. The post offices have been placed under requisition.
Mr. Hay. Is it proper, sir, to charge the government to roundly with felony? I am willing to communicate all that I know about that letter. It was transmitted by gen. W. through the hands of Mr. Minnikin, who accompanied Mr. Wilie to this place; and it was attached to an affidavit from Judge Toulin.—Mr. Martin. I do not charge G. W. with plundering this letter. But we will hereafter prove that they have laid violent hands upon the P. O. at N. O.—Sir, let Dr. Bollman decipher this letter; if other letters are hereafter found in the same cypher, his acknowledgment that he can decipher this one, will make him responsible for the rest. Do gentlemen produce this letter to criminate Dr. B.? If a witness refuses to be sworn, he is liable to be committed for a contempt of the court, Salke 270: but there is no instance to be found, where the court has committed for contempt, if he refuses to answer any question, that he supposes may criminate himself.
Mr. Bots expatiated upon the plunder of the P. O.
Mr. Martin contended that it was necessary to be known, how this letter came here: that others may have come in the same way: and that the foulness of the means would contaminate the whole.
Mr. McRae. The question proposed to the witness is, do you understand the contents of this letter? But before we proceed to demand the answer, I hope we may congratulate ourselves upon the situation in which we are placed. It is not our desire to withhold from the accused, any the slightest means for defending himself; and yet most certainly the present is such a spectacle as is not very rarely exhibited in courts of justice. Not satisfied with Mr. Wilie's executions for the defence of Wilie, they have even thought proper to supersede their own efforts. I am pleased, sir, that not only the counsel for the accused but also the counsel for the witnesses, is heard in his defence. I have attempted to discover, sir, whether any thing which they have advanced, bears upon the point before the court: but in vain. These gentlemen have widely wandered from the point, and I cannot forbear most deeply to regret that they have always resorted to this unfair expedient. Henceforth I hope, sir, that they will abandon this species of warfare and confine themselves to the point, instead of addressing the multitude around the court.
Mr. Bots, instead of reasoning on the subject, has expatiated on the effects which may possibly hereafter affect the witness, if he confesses any knowledge of this paper: that even if the letter itself be a very innocent production, the mere copying of it may at some future day expose him to persecution in some distant territory, or perhaps doom him to a confinement in some ship-hold. Can this declamation be called argument? Does it bear all it tippeth the question? And yet irrelevant as it is, it is pretty much of the same tenor with most of the other statements which he has made on this subject. What connection has this subject with Louisiana, or with the manner in which this paper has been obtained? As to the robbing of the P. O. it is all pointless conjecture. Why has he not specified the name of the P. Office or the name of the officer? And surely the custom that prevails in those offices of affixing upon a letter, the written or printed name of the office, would have been sufficient to have led to this discovery. But no such impression as that appears on the back of that letter. As to the fees, they may mean something more than the mere postage of the letter. The very fame cyphers are used in the body of the letter. And their mysterious characters may have had no other use than to give some caution respecting the conveyance of the letter.
Mr. Bots states, that this letter must be either fraught with treason or it is not: if it is not, it is perfectly irrelevant to the present case.—Suppose such to be the truth, ought not the fact, however, to be ascertained? Is it not so far material to the present enquiry?—But says Mr. Bots if he confesses that he copied the letter, he will make himself infamous; & odium or punishment will await him. That is not the fact, Sir. The man must not only have copied the letter, but understood its contents. If he did not know then, the worst that could be said, would be, that he has ignorantly done an injury to the public, intending to benefit an individual.—They have quoted too the case of a Polish Priest, who was permitted to elude a question without answering it. Why, Sir, the ground was precisely this. According to the English law, the witness if he had confessed that he was a Roman Catholic, was liable to certain disabilities. The court itself knew this fact as well as the witness; and therefore did not press upon him for an answer. There was no discretion in that case; every different indeed from the present, in which agreeably to their doctrine the witness is to judge both on the law and the fact.
Mr. McRae expatiated at some length upon Mr. Martin's principle, that courts had punished a witness for a contempt in not taking the oath, but never where he refused to answer, in cases where he might criminate himself: he stated that a court had always the right to understand the ground, on which a witness refused to answer; that every man was liable to give testimony, unless he came within certain exceptions; and in those cases he must show to the satisfaction of the court that there was some law or authority to justify his repugnance; that in the case of an attorney who refused to deliver his evidence, the court would not be satisfied with the discretion which he might assume, but would compel him to declare whether the confidence or which he rested his exemption, was that of a professional character or of a private man. This witness declares that he may criminate himself; but the court is to determine on the tendency of the question. The question is "do you understand the part of the letter that is in cypher?" Suppose he answers, no? Could he be possibly criminated? And suppose he answered, yes: Some other answer would still be necessary to convict him. Cyphers may be understood by men, who were not in the least connected with the contents of that letter. This very man might have had the key imparted to him, for the purpose of carrying on a purely
innocent correspondence: Or he might have acquired a knowledge of that cypher, long after the composition of that letter.—On the whole, Sir, said Mr. McRae, it is admitted on both sides that a witness cannot be made to criminate himself. The only difference of opinion is, as to the effect of this answer. But let the answer to this question be in the affirmative or the negative, I am satisfied that it cannot criminate Mr. Wilie. The court may only determine from this answer, whether he should be forced to answer further interrogatories? (To be continued.)
WEDNESDAY, June 17.
Mr. Hay observed, that many remarks had been yesterday made respecting a cyphered letter; that Gen. W.'s name had been dragged into the discussion; and that having in some way or other obtained a knowledge of that circumstance, he had addressed to him a letter, which he should lay before the court.
RICHMOND, 17th June, 07.
Sir, The letter addressed to Winbourn, was delivered to me by Charles Patton, of the House of Mecker, Williamson and Patton, New-Orleans, and he informed me was transmitted in the inclosed envelope.
Respectfully, I am, Sir, your obt. ser.
JA: WILKINSON.
Geo. Hat, Esq. Here followed a continuation of the discussion on Wilie's testimony which will appear hereafter.
Chief Justice. Is there any other question before the court. Mr. McRae requested a decision on Dr. Bollman's case; as he wished to interrogate him about the cyphered letter.—Mr. Williams was ready to go into the point.
Mr. Burr. There will arise some very important questions affecting the very sources of the jurisdiction of this country. I have several affidavits to produce, to show that improper means have been used to contaminate the public justice.—When these proofs have been duly exhibited, it will be the province of the court to decide, whether they will not lay their hands upon such evidence.
Mr. Bots. I rise to apprize the opposite counsel that there are three or four questions of considerable importance, which we shall bring forward as soon as possible. Two or three days ago I commented upon the plunder of the P. Office; and I assure the counsel for the prosecution that I shall probe that subject to the bottom; as no man can be more anxious than myself that the odium which this transaction attaches to the inferior or the superior officers of the government, should be wiped out. As a private citizen, or as counsel for my client, I shall be sincerely pleased with a opportunity of retracting the expressions which I have employed. The court will at once perceive the necessity of going into this enquiry at a very early period; for if the officers of government have hitherto broken open letters from C. Burr, they may hereafter resort to the very same expedient; and by thus obstructing the very medium of communication, may prevent him from summoning witnesses and preparing for his defence. One more remark! Yesterday I understood Mr. Hay to charge me with having made certain innuendos against persons not actually named. He demanded why we had not forbidden these charges, until we were prepared to support them. That remark, sir, struck me with peculiar force. I was of the same opinion, that some proof ought to be produced; I immediately rose and professed my wishes to go into an investigation of the case. But, sir, little did I expect that the gentleman would have proceeded to have justified these charges. Little did I expect that such felonious transactions should have been blazoned into mighty virtues, or that it would have ever been maintained in this court that the person who had failed to plunder the P. Office, would have been guilty of a dereliction of their duty.—I will, sir, to explore the P. O. Laws to see whether they do not contain some provision, prohibiting the introduction of testimony, thus illegally obtained.
Chief Justice. Upon these allegations affecting some testimony that was about to be delivered; how can you introduce this subject?
At this time the marshal entered; and soon after Mr. Hay informed the court, that Col. Morgan was at that time before the Grand Jury, and they had sent for a letter from A. Burr, to him. Should the letter (holding it in his hand) be sent to the G. J.—Mr. Bots requested to see it. Here, said he, is a small piece of newspaper attached to it which ought not to accompany it before the G. J.—Mr. Burr. I have no objection that any of my letters should be sent up; but I trust, sir, it will be separated from this bit of a newspaper, and this comment which Mr. Morgan has attached to it.—The letter was handed to the Chief Justice; who observed that the only use of the newspaper was to show that at that time Col. B. was at Pittsburgh.—Mr. Hay said it was nothing more than to refresh his memory.—The Chief Justice decided that it was right to disallow it from the letter: The newspaper itself was no evidence; but if Col. Morgan would with it refresh his memory, there could be no objection.—They were accordingly separated, and then both of them were delivered into the hands of the Marshal.—
Mr. Burr. The court have very properly demanded some proof of the relevancy of our proposition. Sir, we are ready to prove it: we are ready to prove it upon people on this very ground; and we are ready to name the P. Offices, if the court requires it, which have been thus plundered.—When it comes out, that evidence has been thus improperly obtained, we shall say, Sir, that it is contaminated by fraud.—I will name three persons who have been guilty of improper conduct in procuring evidence against me. These are Judge Toulin of the Mississippi Territory, John G. Jackson a member of Congress, and General Wilkinson. Two of these persons are within the reach of this court; as well as the improper manner in which they have procured affidavits and witnesses against me. I mention these circumstances for two reasons; 1st. that the court may take whatever steps they think fit to arrest this proceeding; and 2d. that they may understand the way, in which some of this evidence has been contaminated.—Chief Justice. Let the consequences be as they may, this court cannot take cognizance of any act, which has not been committed within this district.—Mr. Hay. Let some specific motion be made and the evidence produced; and if there has been any crime committed, let the offenders be prosecuted according to law. These gentlemen knew the court; and I most solemnly promise to discharge the duties of my office, whether they bear against Gen. Wilkinson himself, or the man at the bar. If the crime had been committed, it is not the province of the court to notice it, till after an indictment had been found.
Some deftly conversation here ensued, when Mr. Burr observed, that he was afraid he was not sufficiently understood, from mingling two distinct questions together; as to the subject of the P. Office, it might sell for the present; but as to the improper means employed in obtaining testimony, they were at this moment in actual operation; some witnesses had been brought here by this practice; and it was one which ought immediately to be checked: He did not particularly level his observations against Gen. W. He did not say, that the attorney for the U. S. ought to indict, or that such a crime if committed out of this district was cognizable by the court, unless it was going on while the court itself was in session. In that case, an attachment would certainly lay.—Mr. Wilie. I do not yet understand the gentlemen. What is the object of their motion?—Mr. Bots. There is no motion. We shall hereafter make it; we have no other object by the present announcement, than to give gentlemen a timely notice of our intentions.—Mr. Burr. We have sufficient evidence on which to found our motion.—What motion? demanded Mr. Wilie.—Mr. Burr, I thought, Sir, I had sufficiently explained my intention,
as I may rather move for a rule to show cause why an attachment should not issue against these persons; or what is sometimes though not so frequently practiced, I may directly move for an attachment itself.—Mr. McRae. At whose motion?—Mr. B. At the public's.
Mr. McRae. A pretty proceeding indeed! that the public prosecution should thus be taken out of the hands of the public prosecutor! Mr. Burr. A strange remark indeed! As if it was not the business of the prejudiced person himself to institute the complaint!
At this moment Mr. Randolph entered the court, and observed, that if he had been present, he would have himself opened this motion; which was intended to operate immediately upon Gen. W. but ultimately upon some other persons. Mr. B. here read the motion which he would have submitted to the court.
Mr. Hay protested against this proceeding; which was calculated to interrupt the course of the prosecution; and was levelled at Gen. W. alone. Why the hints? Why these mysterious looks of terror, with which gentlemen come into this court as if they had something too horrible to be told? Mr. H. claimed from the court a priority for the business of the U. S. Let the present prosecution be concluded; and gentlemen might then proceed with their investigation into the conduct of Gen. W.
Mr. Randolph. The gentlemen, Sir, will understand this subject much better to-morrow; but as he asked for some intimation of our designs, I thought proper to accompany them with a few remarks. And if, to this affair be really so dependent, as I conceive it to be, it will be true (Mr. Hay exclaimed that it was not) it is not entitled to the most serious enquiry? If this subject bears upon the present case; if it may influence the result of this trial; ought it not to be postponed? Your Honor will direct me when to come out; and I assure your Honor, that I shall come out with an affidavit of one of the witnesses themselves.
Mr. Martin declared, that they would make their motions in the morning.
Mr. Burr expatiated at some length: he understood the object of this motion was to affect the materiality of Gen. W.'s testimony; and in what way? He presumed that the court would not notice the pretended transactions which had been alluded to, in any other way than as amounting to a contempt. As to any offence against the laws of the U. S. the true course would be to proceed in the way of a presentment. Now, what are the principles of the law of contempt in relation to this case? What is the case? Gen. W. is said to have taken the depositions of certain persons in N. Orleans and then to have brought here by military force. This is the only ground of the contempt against this court? But how can a contempt be committed?
Either by directly insulting this court; or abusing its process; or interrupting its justice, will it be said that G. W.'s conduct comes under either of those descriptions?
Gentlemen have very often pleaded to put words into our mouths; & on one occasion they have made us to say that G. W. is the pivot of the prosecution. And is it this very pivot which they are now attempting to break down by this precipitate application? Are the communications between the court and the G. Jury to be thus interrupted? Is their examination to be suspended, until Gen. W. has been put upon his trial? If these suspected transactions do amount to a contempt of this court, it was not his business, officially to notice it. He should move to postpone the motion of gentlemen, until the prosecution was over; for several reasons—because it would necessarily interrupt the business before the court—because it was intended to impeach the credit of a witness—and because this enquiry could be as well conducted after as before the prosecution.
Mr. McRae. I will affirm, in the presence of this court and the surrounding people, that the charge now advanced against Gen. W. is completely unfounded. I affirm, that no witness has been brought from N. Orleans with an affidavit along with him, except one individual, who, refusing to obey the summons of the government, was regularly brought before a private magistrate for his disobedience, and dealt with according to the due course of law; and who is now in the custody of a person before this court.—All the rest came as good citizens ought to have come; and the only fault which can possibly be attributed to them, if it be a fault, is, that they came in the U. S. Vessel in which Gen. W. was authorized to come.
Mr. Wilkinson. May I request the liberty, Sir, of making a few remarks upon Mr. Hay's motion? Col. B. brought forward his motion in the plainest possible style. There was no imputation; there was no attempt to excite the public feelings. He merely stated his object in the most general terms. The gentlemen, however, misunderstood him. They required a specification of our designs; and then we promised to satisfy them to-morrow. They bill finally upon a more particular explanation of our points; and Mr. Randolph did so to gratify them. Nothing, however, seems to please these gentlemen. They not only found fault with the motion, but the face of Mr. R. He will fiercely, however, charge his face to please them. It is precisely such a one as God Almighty gave him.
Mr. Hay. Sir, has got into parliamentary habits; and talks very fluently of the previous motion. On this subject I will make but one remark. The Constitution had divided the powers of the government among the great departments, the Legislative, Executive and Judiciary. These must be kept separate and distinct not only in their duties, but in their practice. The Legislature acts upon consequence, the Judiciary acts upon right. The gentleman, however, seems to think himself suddenly transported to the Legislative hall; & no doubt, would soon think it very convenient to hang Col. B.—He tramples all our ordinary forms under foot; if we make a motion before the court, he soon trims up ours with his previous motion. And where is his document to end? We certainly have the same rights as the gentlemen themselves; and as they have moved the previous question, we will move, Sir, that the court shall not hear their motion. It is better that we find these parliamentary distinctions to the other side of the house, where they ought for ever to remain.
Mr. Hay says, that this motion ought not to be made pendente lite.—Sir, Col. B. ought to have the same justice meted out to him, which is meted to every other person. He stands here on the same footing; and with the same privileges as any other citizen in his situation. I assert that any other man would have a right to this attachment; and that the motion may be made pendente lite, though it is sometimes made after wards.—Why does he make it at this time? Why does he not postpone it till after the prosecution? Why, Sir, when Col. B. is discharged, and I hope he will shortly be, he may not be disposed to trouble the court any further.—How long this prosecution will last, no one knows; perhaps a week—perhaps longer—it is already gone so far beyond our expectations, it is impossible to conjecture. Now, Sir, may not similar contempts occur? Is it not necessary to restrain certain people, by convincing them that such practices make them liable to punishment?
But what has Gen. W. done? He has brought witnesses with him from New Orleans by military force. He has taken their depositions too, entirely ex parte, for the purpose of keeping their testimony straight.—I lay down this broad position: that the man who goes about collecting affidavits—we have already seen a volume of such at this bar (Mr. Hay. Did they come from N. Orleans?) I did not say N. Orleans:—might have particularly mentioned Mr. Jackson—who comes here with the depositions of witnesses, thus bound hand and foot—Sir, I saw them in this very court examining witnesses with affidavits in their hands and comparing the one with the other; depositions taken not by commission, but ex parte; when an interest against them goes about collecting depositions and with ignorant men, shaping them just as he pleases; I assert that they are contrary to the spirit and genius of our government; that they are a contempt upon this court, by interfering with the purposes of justice. Such men are liable to an attachment; and from the very moment, when the government took possession of Col.

By person; not from the moment of his arrest by Mr. Perkins and Lieut. Gaines, but from the moment when Mr. P. received orders to conduct his prisoner to this city. Do not gentlemen recollect any instance of libel, upon the courts, when they were actually in session? Such have taken place on this side of the ocean as well as on the other; though not so frequently in Virginia, where printing presses are not so numerous, nor so extravagant in the license, which they assume. I repeat that whoever does any act which influences the administration of justice, is liable to an attachment. Mr. Wickham hoped that the court would hear this motion to-morrow.
The Chief Justice observed, that if the practice could be shown to affect the decision of the jury while they were in session, the court could not refuse to hear the motion.
Mr. Hay. Whenever it is brought on, I shall renew my motion to suspend this enquiry, until the prosecution shall be finished.
THURSDAY, June 18.
As soon as the court assembled, the Chief Justice delivered the following opinion in the case of Willie.
In point of law the question now before the court relates to the witness himself. The attorney for the United States offers a paper in cypher which he supposes to have proceeded from a person against whom he has preferred an indictment for high treason and another for a misdemeanor, both of which are now before the Grand Jury, and produces a person said to be the secretary or clerk of the accused, who is supposed either to have copied this paper by his directions or to be able to prove in some other manner that it has proceeded from his authority. To a question demanding whether he understands this paper, the witness has declined giving an answer, saying that the answer might criminate himself; and it is referred to the court to decide whether the excuse he has offered be sufficient to prevent his answering the question which has been propounded to him.
It is a settled maxim of law that no man is bound to criminate himself. This maxim forms one exception to the general rule which declares that every person is compellable to bear testimony in a court of justice. For the witness, who considers himself as being within this exception, it is alleged that he is, and from the nature of things must be, the sole judge of the effect of his answer. That he is consequently at liberty to refuse to answer any question, if he will say upon his oath that his answer to that question might criminate himself.
When this opinion was first suggested, the court conceived the principle laid down at the bar to be too broad, and therefore required that authorities in support of it might be adduced. Authorities have been adduced and have been considered. In all of them the court could perceive that an answer to the question propounded might criminate the witness, and he was informed that he was at liberty to refuse an answer. These cases do not appear to the court to support the principle laid down by the counsel for the witness, in the full latitude in which they have stated it. There is no dictum which takes from the court the right to consider and decide whether any direct answer to the particular question propounded could be reasonably supposed to affect the witness. There may be questions, no direct answer to which could in any degree affect him, and there is no case which goes so far as to say that he is not bound to answer such question. The case of Gossy in this court is perhaps the strongest that has been adduced. But the general doctrine of the judge in that case must have referred to the circumstances which showed that the answer might criminate him.
When two principles come in conflict with each other, the court must give them both a reasonable construction, so as to preserve them both to a reasonable extent. The principle which entitles the United States to the testimony of every citizen, and the principles by which every witness is privileged not to accuse himself, can neither of them be entirely disregarded. They are believed both to be preferred to a reasonable extent and according to the true intention of the rule and of the exception to that rule, by observing that course which it is conceived courts have generally observed. It is this:
When a question is propounded, it belongs to the court to consider and to decide whether any direct answer to it can implicate the witness. If this be decided in the negative, then he may answer it without violating the privilege which is secured to him by law. If a direct answer to it may criminate himself, then he must be the sole judge what his answer would be. The court cannot participate with him in this judgment, because they cannot decide on the effect of his answer without knowing what it would be, and a disclosure of that fact to the judges would strip him of the privilege which the law allows and which he claims. It follows necessarily then, from this state of things, that if the question be of such a description that an answer to it may or may not criminate the witness according to the purport of that answer it must rest with himself who alone can tell what it would be, to answer the question or not. If in such a case, he says upon his oath that his answer would criminate himself, the court can demand no other testimony of the fact. If the declaration be untrue, it is in conscience and in law as much a perjury as if he had declared any other untruth upon his oath, as it is one of those cases in which the rule of law must be abandoned or the oath of the witness be received.
The counsel for the U. S. have also laid down this rule according to their understanding of it; but they appear to the court to have made it as much too narrow as the counsel for the witness have made it too broad. According to their statement a witness can never refuse to answer any question unless that answer unconnected with other testimony would be sufficient to convict him of a crime. This would be rendering the rule almost perfectly worthless. Many links frequently compose that chain of testimony which is necessary to convict any individual of a crime. It appears to the court to be the true sense of the rule, that no witness is compellable to furnish any one of them against himself.
It is certainly not only a possible, but a probable case, that a witness by disclosing a single fact, may complete the testimony against himself, and to every essential purpose accuse himself as entirely as he would do by stating every circumstance which would be required to form his conviction. That fact of itself might be unavailing, but all other facts without it would be insufficient. While that remains concealed within his own bosom, he is safe; but draw it from thence and he is exposed to a prosecution. The rule which declares that no man is compellable to accuse himself, would most obviously be infringed by compelling a witness to disclose a fact of this description.
What testimony may be possessed, or is attainable against any individual, the court can never know. It would seem then, that the court ought never to compel a witness to give an answer, which discloses a fact that would form a necessary and essential part of a crime which is punishable by the laws.
To apply this reasoning to the particular case under consideration. To know and cou-
ceal the treason of another is misprision of treason, and is punishable by law. No witness, therefore, is compellable by law to disclose a fact which would form a necessary and essential part of this crime. If the letter in question contain evidence of treason, which is a fact not dependant on the testimony of the witness before the court, and therefore may be proved without the aid of his testimony, and if the witness was acquainted with that treason when the letter was written, he may probably be guilty of misprision of treason, and therefore the court ought not to compel him to answer any question, the answer to which might disclose his former knowledge of the contents of that letter.
But if the letter should relate to the misdemeanor and not to the treason, the court is not apprized that a knowledge and concealment of the misdemeanor would expose the witness to any prosecution whatever. On this account the court was at first disposed to enquire, whether the letter could be deciphered, in order to determine from its contents, how far the witness could be examined respecting it. The court was inclined to this course from considering the question as one, which might require a disclosure of the knowledge which the witness might have had of the contents of this letter when it was put in cypher or when it was copied by himself, if indeed such was the fact. But on hearing the question more particularly and precisely stated, and finding that it refers only to the present knowledge of the cypher, it appears to the court, that the question may be answered without implicating the witness, because his present knowledge would not, it is believed, in a criminal prosecution, justify the inference that his knowledge was acquired previous to this trial, or afford the means of proving that fact.
The court is, therefore, of opinion that the witness may answer the question now propounded.
The gentlemen of the bar will understand the rule laid down by the court to be this:
It is the province of the court to judge, whether any direct answer to the question, which may be proposed, will furnish evidence against the witness.
If such answer may disclose a fact, which forms a necessary and essential link in the chain of testimony, which would be sufficient to convict him of any crime, he is not bound to answer it so as to furnish matter for that conviction.
In such a case the witness must himself judge, what his answer will be, and if he says upon oath that he cannot answer without accusing himself, he cannot be compelled to answer.
Mr. Williams (Counsel for Mr. Willie) stated that he had misunderstood him the other day in Court, and in a subsequent conversation had obtained more accurate information. He does understand a part of that letter.
Mr. Hay requested that Mr. Willie should be called into court. When he appeared, Mr. Hay interrogated him. Do you understand the contents of that letter?—Mr. Willie. A part of it.—Mr. Hay. Was this letter written by the hand or the direction of A. Burr? Mr. Wickham objected to the question. C. Justice. The witness and his counsel will consult. Mr. Hay repeated the question. Mr. Willie. Yes. Mr. Hay. Which? By his hand or his direction? Mr. Willie. By his direction. It was copied from a paper written by himself.
Mr. Hay. I with this paper to be carried to the G. Jury. I presume there can be no objection.—Mr. Batts. No objection! We call upon you to show the materiality of that letter.—Mr. Hay. I deny the necessity of any such thing. Until this letter is deciphered, it will be perfectly unintelligible to me and to the G. Jury. It is no more than a blank piece of paper.—Mr. Wickham. I had always understood before, that the testimony which is laid before a Grand Jury, must not only be legal in itself but proved to be material.—Mr. Williams begged leave to interrupt the gentleman. Mr. Willie is anxious to be particularly understood. He says that this cyphered letter was first written by Col. B. and afterwards copied. But it is the cypher only, which has been copied from Col. B's original.—Mr. Hay. It is quite sufficient, Sir. If Col. B. wrote the cyphered part, he will be considered as the author of the whole.—Mr. Wickham. The gentleman has stated a curious proposition indeed! I had always understood before, that the whole included the part; but it seems now, that the part is to comprehend the whole.—Mr. Hay. The remark of the gentleman may be good wit, Sir, but he certainly knows, that it is not law.—C. J. Can you get this letter deciphered?—Mr. Hay. Is Erick Bollman in court? I wish him to be called.—These gentlemen demand proof of the materiality of this letter. Is this a question about which the court will interfere? Can the court think it proper to require the materiality of this cyphered letter before it is sent up to the Grand Jury? We may turn the very favourite argument of gentlemen against themselves. This letter is either material to the present case or it is not. If it be material, how can they object to its production? And if it be perfectly immaterial, what injurious consequences can result from its being sent up to the G. J.?
Mr. Batts. I never supposed, that it could be a question, whether an immaterial paper could be exhibited before the G. Jury. This question has frequently been decided in the negative. On the trial of Smith and Ogden, Judge Patterson solemnly decided against such a proceeding. Were papers permitted to be laid before a Grand or a Petit Jury, before their materiality was proved, it would produce an endless confusion, and waste of time. In Washington's Reports there is a case, where the court of Appeals inferred error, because an inferior court had permitted the introduction of an immaterial paper; and this too, was in a civil case.—Even if the G. J. have called for it, it ought not to be sent to them, before its materiality has been shown to the satisfaction of the court.
Mr. McRae. Would it not be as proper, Sir, to compel every witness, before he is sent up to the G. J. to state the substance of his testimony, as it is to require proof of the materiality of a paper? This enquiry, however, is never made. The only qualification which is required about a witness, is, that he should be a legal competent witness; not that he should be sworn to be a material one. The very same principle is applicable to this paper. After it is proved to be a material testimony it is necessary that an enquiry should be made into its materiality?—In fact, how can any such proof be given when the letter itself is principally in cyphers?
Mr. Wickham. Mr. McRae has demanded authorities; I have prepared none at present, Sir, because I could not have supposed that any were necessary. As to his argument, that no enquiry is to be made into the materiality of a paper, because none is made into that of a witness, it has no application. When a witness is sent up before a Grand Jury, it is presumed that his testimony is relevant to the case. The only question is, is he a competent witness? and it is only on the ground of competency, that his testimony is not legal. If competent, he is a legal witness; he is sworn; and is forced to answer such questions as may be
put to him by the Grand Jury. If, however, he refuses, they then call upon the court to interfere in its jurisdiction; and the enquiry will then be, whether the question is a material and proper one? As to papers they are not to be received at all, unless they are shown to be relevant to the case. And where is the limit to this species of proceeding? Suppose in this search after papers, all the private letters of Col. B. should be brought up; all the most secret actions of his life should be written down; will the court indulge them in such a wide inquiry?
Chief Justice said, he had in some measure anticipated this question, and had reflected upon it; his opinion was this; a paper to go before the Grand or Petit Jury, must be relevant to the case, even if its materiality were not proved. Why send this letter before the Grand Jury, if it cannot be deciphered? If it can be deciphered before the Grand Jury, why not before the court? Let it then be deciphered, and its relevancy may at once be established.
Mr. Hay. Is there no difference between any other paper, and a cyphered letter proved to have been originally written by A. B.?
Chief Justice. Still this letter may not be relevant to the present case.
Mr. Hay then directed Erick Bollman to be called into court, that he might be interrogated, as to its contents. He requested that the court would indulge him for a short time, until he could execute some important business before the Court of Appeals.—The court accordingly suspended the prosecution.
At half after one, the court again resumed the business; but neither Dr. Bollman, nor Mr. Hay made their appearance.
A few minutes after the court had resumed its business, Mr. J. Randolph entered at the head of the Grand Jury. He addressed the court:
May it please the court! One of the witnesses under examination before the Grand Jury, has answered certain questions touching a letter in cyphers. The Grand Jury understand that this letter is in the possession of the court or of the counsel for the prosecution. They have thought proper, to appear before you, to know whether the letter referred to by the witness, is in the possession of the court.
Chief Justice observed, that as the letter was wanting to establish its identity, it was a relevant paper. It would of course be delivered to the Grand Jury.—Mr. McRae hoped, that before the Grand Jury retired they would be informed, that a witness had proved that this letter was originally written by A. Burr.—Mr. Wickham. And I hope, they will also be informed, that the superscription on that letter has not been proved to have been written by col. B.
The Grand Jury then retired, and the court adjourned till to-morrow 11 o'clock.
LAST PROCEEDINGS.
FRIDAY, June 19.
The proceedings of this day, were very uninteresting in themselves and may be condensed within a very small compass.
As soon as the court met, Mr. Burr addressed them: He stated that the Express that he had sent on to Washington with the Subpoena Duces Tecum, had returned to this city on Wednesday last, but had received no other than a verbal reply from the P. of the U. S. that the papers wanted would not be sent by him; from which I have inferred, said Mr. B. that he intends to send them in some other way. I did not mention this circumstance yesterday to the court, under an expectation that the last night's mail might give us further intelligence on the subject. I now give to give notice, that unless I receive a satisfactory intimation on this subject before the meeting of the court, I shall to-morrow move the court to enforce its process.
The C. J. handed down to the bar, a copy of a letter addressed from Dr. Erick Bollman to the C. J. It was not publicly read, and for that reason Mr. Hay declared that he should not make any remarks upon it. Its contents have not yet transpired.
Mr. Burr's counsel called up James Knox and Charles Lindley, (two of the witnesses for the U. S.) who had drawn up depositions, on which it was intended to ground the attachment against Gen. Wilkinson. Mr. Hay interrupted the motion by stating that he himself had a motion to make, to the court, and that was, for leave to send up such written interrogatories to the G. J. as he thought proper to be put to certain witnesses. His reason, was, that some of these witnesses would voluntarily depose to as little as possible; that the Grand Jury might not always know the particular questions to be proposed to them respectively, and to what point to shape their enquiries; that he himself better knew what they would say, (having seen their depositions); and that his interrogatories might probably aid the jury in their investigation.—Mr. Martin. I shall object to this motion, unless it is qualified. We cannot send up our own witnesses to the jury, but we may send up our interrogatories. We will assent to the motion of the attorney for the United States, upon the condition that he will assent to ours.
Some conversation ensued upon the motion for an attachment; when the Ob. Justice asked, if the papers could not be put into his hands & the argument take place to-morrow. He wished to consider the question before it was discussed.—Mr. Hay approved of this course; it would prevent the public exhibition of these affidavits, which were drawn up for the sole purpose of defaming General W.; he would say nothing about the quarter or the persons from whom they came; or the deadly hatred which they had conceived against him; that he had merely glanced his eye at a single expression in one of these papers, which was as impudent a falsehood as ever malignity had uttered: the court might compare these papers with the law, and determine whether they would justify an attachment or a rule.
Mr. Randolph spoke at considerable length. He was disposed to postpone this subject till to-morrow, but from the moment when he heard Mr. Hay's anticipating speech he was opposed to all delay. He had produced documents to support his motion and yet according to Mr. Hay it was dictated by nothing more than the poesy to defame G. W. Mr. Hay had wandered into the very error which he had charged to us. He had called upon the court to defend the character of G. W. the defender of his country, who came through the fiery furnace purer than gold; and yet he has himself charged the witnesses now before the court with malignity and rancour.
Mr. Batts. Why do gentlemen object to the present motion being heard, when they have so often insisted upon their own right to be heard by the court? Why do they reproach us with shrinking from the evidence, when they are now attempting to screen their favourite witness G. W. from a fair investigation of evidence? Does Mr. Hay desire that the character of these men should be immolated to the favour of his country? The constitution has recognized the equality of man. Though these gentlemen may not be tricked out in the tinsel of military pomp; their rights as citizens and
the respect due to their characters are the same with those of any other man.
Mr. McRae at some length expatiated upon the impropriety of animadverting at this time upon the character of G. W.—The court had already said that no step should be taken, which would affect the justice of the case; and it was therefore much better for the court to postpone the suggestion which they had thrown out; to examine the papers in private and see whether the affidavits were relevant to the point; than to prejudice the justice of the case by a public exhibition of these affidavits.
Mr. Wickham protested against the secret tribunal to which gentlemen wished to resort, for filing enquiry and murdering character.—The gentlemen who have made these affidavits are upon their oaths. Is it right for the U. S. Counsel to charge them with perjury?—Mr. Hay denied having made any insinuation. He had merely alluded to one expression in their affidavits, which was too monstrous to be believed. But why all this feeling on the present occasion, when gentlemen have often charged G. W. with perjury?—Mr. Martin. When did we charge him with any other perjury? than that of violating the constitution which he had sworn to support? Is not this notorious? Are not Swartwout and others here to prove it? We did not say that G. W. was ready to perjure himself; but merely that he had every thing now at stake, and would do almost anything to hang Col. B.
After some other discussion, Mr. Burr agreed to place the papers into the hands of the court, and to waive his motion till to-morrow.—Chief Justice. Reduce the motion to writing.—Mr. Burr. It is only upon the affidavits of Knox and Lindley to move for a rule to show cause, why an attachment should not issue against G. W.
Mr. Martin hoped that as Col. B. had postponed his motion, the A. for the United States would postpone theirs.—Mr. Hay refused upon the ground, that the witnesses were now before the G. J. and that his interrogatories would be necessary to direct their enquiries. Mr. B. I instructed my counsel to consent to this motion upon the condition, that I should also be permitted to send counter-interrogatories.—Mr. Hay did not feel himself at liberty to acquiesce in such a proposition. He would rather trust to the distinguished intelligence of the G. J.
Some conversation ensued upon the form of the motion relative to the attachment. The attorneys for the U. S. insisted upon a specification of the conduct for which it was to issue. Why not insert that it was to be for a "contempt of the court;" why not particularize the very circumstances in Gen. W's life, which constituted this contempt.—Mr. Burr said that the specification was to be found in the two affidavits; & that it was from delicacy to gentlemen, he had not attempted to make these affidavits matter of record by introducing them upon the face of the motion.
The motion was at length amended by introducing words to the following effect: "for a contempt, in obstructing the administration of the justice of this court."
The court adjourned till to-morrow 11 o'clock.
We have dispatched all the proceedings on the Prosecution as fast as possible, and brought them down to the present time. All the matter that is now on hand, is the remainder of the Debate on the Subpoena Duces Tecum, which we shall finish as soon as possible and then close in our next paper.
Extract of a letter from a gentleman in Richmond to his friend in the country. Loquacious, loud, and turbulent of tongue, Thereby no clamour'd in the throng; Aw'd by no shame, by no respect controuled, In scandal busy, in reproaches bold: With busy malice, studious to defame— Scorn all his joy, and laughter all his aim.
"You express some surprise that Burr has thought it necessary to send to Maryland for a lawyer, because Richmond furnishes as able and eloquent pleaders, as are to be found in the United States. Perhaps Burr did not send for Luther Martin—it has been reported here that he volunteered his services. However this be, the aid of Martin may have been thought useful, inasmuch as he possesses qualities which have never been attributed to the Richmond bar. I do not undertake to advocate or condemn the policy which enlisted Martin on the side of Burr; but that he was trotted here to serve some purpose, there can be no doubt—to brow-beat his opponents, abuse the administration, or for some other object, to perform which, the Richmond lawyers were not thought qualified. But I will endeavour to give you some idea of the man, and then you may judge for yourself."
Martin's figure is about the middle size, perhaps somewhat under it as to height, and over it, as to bulk. There is nothing peculiar in his dress. When you see him for the first time, not speaking, &c.—So much for the appearance of the man. His manner, when he tries to be agreeable, is that of an awkward cockney, and the meretricious distortion, which disfigures his puffed lips, makes one retreat with disgust. When he is serious, he has a dull, unmeaning, sour, lowering, sullen visage, indicative of cholera and malignity. When he is speaking, his figure is ungraceful and uninteresting; his elocution is monotonous, and void of elegance, mouthing his words so as to render him often unintelligible; his gesture, if the shade of Demosthenes will pardon me the expression, is to hold his spectacles in one hand, and "winnow the buxom air" with the other, or play with whatever paper or thing he may lay hold of. He speaks with rapidity, and seems never at a loss for ideas such as they are; but he is often at a loss for words, his stock of which does not appear to be copious, nor his selections from that stock made with judgement. He seems to be possessed of the cacoethes loquendi; he starts up, whenever there is an opportunity, and sometimes when there is not. He resembles a laurel leaf on a hot hearth—withering and uneasy while at rest, happy and best pleased when scorched into motion. His language, where he has an opportunity of being personal, is as void of feverity or wit, as it is replete with coarseness and rudeness; any man can be a blackguard; but never was there a man less qualified than Luther Martin to pronounce keen invective, under elegant disguises, or pass the retort and the repartee, with a brilliancy that dazzles while it wounds. As a lawyer, his reading appears to have been great; but his reasoning powers, are far from being equally so. He selects every opportunity of abusing the administration in the lowest and most vulgar terms: this makes the feds chuckle; irritates some of the republicans, but the great majority greet it with naught but the smile of contempt."
COMMUNICATION.
Sketches relating to Britain, Russia, France, Turkey, Persia and India. The last accounts from Constantinople, open new and gigantic prospects in relation to the Turkish or Ottoman Empire. It appears from these accounts that the British fleet has abandoned the object of the ex-
pedition, and have re-passed the Dardanelles; that the military strength of that vast empire is called forth, and is under the general superintendence of French officers—and that many of the fortified towns are under the command of Frenchmen. From the causes, the allies, meaning the English and Russians, are not only disappointed in the promised advantage, but will find an enemy in the Turks, routed by misfortunes and injuries, and stimulated by the cannon's and excitement of the greatest military people of this planet.
The Turks can bring into the field at least 150,000 men, with 100,000 men already collected in the vicinity of 100,000 men at Vienna, consisting of French, Italians and Spaniards. All these can promptly invade Russia from different points; to that while the admirers of Vandalism, recall and invoke the days of Attila and Alaric, they will be made to tremble for St. Petersburg.
The good understanding which exists between the French, Ottoman and Persian powers opens to our view prospects of still greater magnitude. It is an ancient expedition through Turkey and Persia to India; and this is the time in which the Emperor Napoleon will take revenge for the many injuries which France has received from the British. He will by the liberation of India, ensure the freedom of the seas—the re-peal of Europe—the concord of nations and the general and long violated rights of humanity and civilization—and.
No more will the blood-stained Nabobs of India, aggrandize themselves by the sword of destruction; no more will the leaders of slaughter and the crucified millions cry in vain from their graves for justice and revenge. Europe and Asia may henceforward be united upon principles of common justice and mutual interest.
The British it is true, may impede these events, but they do not possess, nor does the rest of the world contain the means to prevent their execution. The British may, and perhaps will, take possession of Egypt; but no force which can be sent thither, which may not be opposed by force, which France can, and no doubt will send through Turkey to meet them.—But what will be their chance of success, if the whole Ottoman power shall give its aid to the same object?
This is but a short and hasty sketch, every man who will make himself acquainted with the relative situation, population and true interests of these countries, will find that it does not require a prophetic mind to foretell that such things as these are on the eve of partition.
* * * We flatter ourselves that our finer supply of paper will reach us in time for the next publication.
COMMUNICATION.—Thomas J. Parker (from Norfolk) and William Radford (of Richmond) were appointed and have consented to deliver ORATIONS on the FOURTH of JULY, in this city. That these gentlemen will do much justice to the subject and honor to themselves, we have no doubt.
FOR SALE.
THE TAN-YARD in this place, formerly occupied by Wm. Hamby, which is now in good repair, with every improvement necessary to carry on the business extensively. The stock in said yard, which is now in full operation, would be sold also, so that a purchaser would have an opportunity of commencing the business under every advantage the situation is capable of.
A very liberal credit will be given for both the yard and stock, on receiving satisfactory security for the payment of the purchase money, for terms apply to John Cunningham & Co. Richmond, or to JOHN L. CUNNINGHAM. Carterville, June 18.
Also for sale or rent:
A convenient BRICK LUMBER-HOUSE, situated on the bank of the basin, particularly adapted to the easy reception and storage of flour, &c. For this property a liberal credit will be given if sold, on receiving satisfactory security for the payment of the purchase money, or it may be rented on easy terms and immediate possession obtained, by applying as above. Carterville June 20.
oawt.
In pursuance of a Decree in Chancery, made by the Court of the U. S. for the 5th circuit, in the district of Virginia at the Nov. term, in the year 1803, we shall expose to Public Auction, at the time and place hereinafter mentioned:
7 WO TRACTS, in the county of Goodland, dred acres; and the other called Little Island, containing ten acres, at Goodland e. heuf, on the course thereof, on the 17th day of August, 1807. The dower of the widow of Wm. Ronald, will be first deducted, and the conditions, on which the said land are directed under the said decree, will appear therein, and will be communicated on the day of sale. The terms of payment will be as follows: one fourth of the purchase money to be paid in cash, and the remaining three fourths in three equal instalments of six, twelve and eighteen months credit. In all other respects the aforesaid decree will be pursued. WM. BERKELEY, JOSIAH ELLIS, WM. MANN. Commissioners.
June 20. oawt.
TO BE SOLD.
On the premises, on the 29th of July next, for cash, LOT OF GROUND, in the town of Columbia, in Fluvanna, designated in the plan of the said town by No. 63—and adjoining the Ware-house, on which there is a two storied Stone- House, now in the occupancy of Messrs. Herndon and Murn. There is also on the said lot, a wooden building, of a moderate size. The aforesaid property is conveyed to us in trust, to secure a certain sum of money due by Wm. J. Stone, to Gilliam and Kirby and others. MATTHEW WILLS, THOMAS WILLS, WM. PASTEUR. Trustees.
June 20. ep:wr.
A CAUTION.
THE repeated, and almost daily injuries that I experience, from the licentious conduct of many of those, who range through my fields with their Dogs and Guns; constrains me to give public notice, that I have instructed my Overseer, Thomas Fortune, to prevent in future, all persons from hunting and shooting upon my Lands, near the City of Richmond, or of passing through the enclosed parts thereof. Those of my orderly neighbors, who are fond of such field amusements, may be assured, that it would give me pleasure to treat them with every mark of civility; but if they will be pleased to consider, that a partial indulgence of this kind, from the locality of my Lands, is impracticable, & what the derangement must be to my stock, to have often, especially on Sundays & Holidays, disorderly persons with their Dogs, traversing every part of my plantation, & not unfrequently committing considerable depredations, I am persuaded, that they will not deem this prohibition unkind, or too rigid. If the evil experience I was to continue in as great a degree, as it has done for some time past, it would be rather a misfortune than a benefit, to be the proprietor of land for cultivation, in near the city. Persons disregarding this notice, will be dealt with, as the law provides in such cases.
JACQUELINE B. HARVIE.
Belvidere, June 20. 4wr.
TO BE RENTED.
And possession given in ten days; FOUR large, elegant and commodious STORES, in the most central and busy part of this City. To them are attached, elegant, airy and extensive accommodations for the families of the Tenants. JOHN MAYO.
June 20.

AN ACT, Supplementary to the act entitled "An act making provision for the redemption of the debt of the public debt of the United States." WHEREAS it is desirable to adjust the nature of the provision for the redemption of the public debt in the present circumstances of the United States, which can only be done by a voluntary subscription on the part of the creditors; Sec. 1. BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a subscription to the full amount of the old six per cent. deferred and three per cent. stock be, and the same is hereby proposed; for which purpose books shall be opened at the treasury of the United States, and by the several commissioners of loans, on the first day of July next, to continue open until the seventeenth day of March next following, inclusive, for such parts of the abovementioned descriptions of stock, as shall, on the day of subscription, stand on the books of the treasury, and of the several commissioners of loans, respectively, which subscription shall be effected by a transfer to the United States, in the manner provided by law for such transfers, of the credit or credits, standing on the said books, and by a surrender of the certificates of the stock subscribed.
Sec. 2. And be it further enacted, That for the whole or any part of any sum which shall thus be subscribed, in old six per cent. or deferred stock, credits shall be entered to the respective subscribers, and the subscriber or subscribers shall be entitled to a certificate, or certificates, purporting that the United States owe to the holder or holders thereof, his, her, or their assigns, a sum to be expressed therein, equal to the amount of principal of the stock thus subscribed, which shall remain unredemed on the day of such subscription, bearing an interest of six per centum per annum, payable quarter-yearly, from the first day of the quarter, during which such subscription shall have been made, transferable in the same manner as is provided by law for the transfers of the stock subscribed, and subject to redemption at the pleasure of the United States: Provided, That no single certificate shall be issued for an amount greater than ten thousand dollars: And provided further, That no reimbursement shall be made except for the whole amount of any such new certificate, nor till after at least six months previous public notice of such intended reimbursement.
Sec. 3. And be it further enacted, That for the whole or any part of any sum which shall thus be subscribed in three per cent. stock, credits shall likewise be entered to the respective subscribers, and the subscriber or subscribers, shall be entitled to a certificate, purporting that the United States owe to the holder or holders thereof, his, her, or their assigns, a sum to be expressed therein, equal to fifty-five per centum of the amount of principal of the stock thus subscribed, bearing an interest of six per centum per annum, payable quarter-yearly, from the first day of the quarter, during which such subscription shall have been made, and transferable and subject to redemption in the same manner, and under the same regulations and restrictions, as the stock created by the preceding section of this act: Provided, That no part of the stock thus created shall be redeemable, without the assent of the holder or holders of such stock, until after the whole of the eight per cent. and four and a half per cent. stock, as well as all the six per cent. stock which may be created by virtue of the preceding section, shall have been redeemed.
Sec. 4. And be it further enacted, That the commissioners of the sinking fund shall be, and they are hereby authorized to appoint an agent in London, and another in Amsterdam, whose duty it shall be to receive subscriptions and transfers, and to issue new certificates in the manner, and at the times abovementioned, and as the officers of the treasury department, or the commissioners of loans might do; that is to say, the agent in London, in favor of such stockholders residing in the dominions of Great-Britain in Europe, and the agent in Amsterdam in favor of such stockholders residing in any other part of Europe, as may respectively become subscribers: Provided, That the certificates issued by the said agents, shall bear interest only from the first day of the quarter next succeeding that in which the subscription shall have been made, and that in relation to subscriptions made in old six per cent. or deferred stock, the sums expressed in such new certificates shall be equal to the amount of the principal of the old six per cent. or deferred stock thus subscribed, which shall remain unredemed after payment of the dividend payable on such stock, on that day from which the interest on the new certificates shall commence. The foreign stockholders thus subscribing with either of the said agents, shall be entitled to receive the dividend in the old six per cent. stock, or three per cent. stock subscribed by them, respectively, which shall be payable on that day, from which the interest on the new certificates shall commence. And it shall be the duty of the said agents, respectively, to transmit, before the end of each quarter, to the register of the treasury, and to the several commissioners of loans, respectively, duplicate abstracts of the certificates of stock subscribed, and of the new certificates issued by them, during such quarter, in order that the proper credits may be entered on the books of the treasury, and of the commissioners of loans, as the case may be, to the holders of such new certificates. And the said agents, before they enter upon the execution of their several offices, shall, respectively, take an oath or affirmation for the diligent and faithful execution of their trust, and shall also become bound with one or more sureties to the satisfaction of the commissioners of the sinking fund, or the secretary of the treasury, in the penal sum of twenty thousand dollars, with condition for their good behavior in their said offices.
Sec. 5. And be it further enacted, That the holders of old six per cent. deferred, or three per cent. stock, who may become subscribers, as aforesaid, either in the U. States, or in Europe, and who, on the first day of July next, and also on the day of the subscription, shall be resident in Europe, may, at their option, receive the interest accruing interest on the stock created by virtue of the preceding section of this act, either in the U. States, as other creditors, or at London, or Amsterdam: that is to say, the stockholders residing, at the times abovementioned, in the dominions of Great-Britain in Europe, at London, at the rate of four shillings and sixpence sterling, for each dollar; and the stockholders residing, at the times abovementioned, in any other part of Europe, at Amsterdam, and at the rate of two guilders and a half guilder, current money of Holland, for each dollar; in which last mentioned option the condition shall be expressed in the new certificates to be issued, and the credit or credits, to be given to the subscribers thereof, shall be entered, and shall thereafter be transferable only on the books of the treasury: Provided however, That the interest thus payable in London and Amsterdam, shall not be payable until the expiration of six calendar months from the day on which the same would be payable in the United States, and shall be subject to a deduction of one half of one per cent. on the amount payable, for commission to the bankers paying the same: And provided also, That every proprietor of such stock may, on surrendering his certificate, receive another to the same amount, the interest whereof shall be payable quarter-yearly in the United States, in the manner as that accruing on the stock held by persons residing in the United States.
Sec. 6. And be it further enacted, That the same funds which heretofore have been, and now are, pledged, by law, for the payment of the interest, & for the redemption or reimbursement of the stock which may be subscribed by virtue of the provisions of this act, shall remain pledged for the payment of interest accruing on the stock created by reason of such subscription, and for the redemption or reimbursement of the principal of the same. It shall be the duty of the commissioners of the sinking fund to cause to be applied, and paid out of the said fund, yearly, and every year, such sum, and sums, as may be annually wanted to discharge the annual interest and charges accruing on the stock which may be created by virtue of this act. The said commissioners are
hereby authorized to apply, from time to time, such sum and sums, out of the said fund, as they may think proper, towards redeeming, by purchase, or by reimbursement, in conformity with the provisions of this act, the principal of the said stock. And the sum so applied, and the interest and redemption of the said stock, shall be, and continue appropriated to the payment of interest and redemption of the said stock, until the whole of the stock which may be created by the preceding sections of this act, shall have been redeemed, or repurchased.
Sec. 7. And be it further enacted, That there shall be allowed to each of the agents to be appointed by virtue of this act, in addition to the necessary expenses incurred by them, for printing, stationery and postage, a sum of three thousand dollars, as a full compensation for their services. The said agents, and the commissioners of loans, shall also be allowed such additional sum as may be actually and necessarily expended for the clerk-hire requisite for carrying this act into effect. And for defraying the said compensation and allowances, and such other contingent charges as may be incurred for carrying this act into effect, a sum not exceeding fifteen thousand dollars, to be paid out of any monies in the treasury, not otherwise appropriated, is hereby appropriated.
Sec. 8. And be it further enacted, That whenever notice of reimbursement shall be given, as prescribed by the second and third sections of this act, the certificates intended to be reimbursed, shall be designated therein. In every reimbursement the preference shall be given to such holders of certificates as previously to the said notice, shall have notified in writing to the treasury department, at their wish to be reimbursed. If there should not be applications to the treasury sufficient to require the payment of the whole sum to be applied to that purpose, the secretary of the treasury, after paying off all sums for the payment of which applications shall have been made, shall determine by lot what other certificates shall be reimbursed; and in case the applications shall exceed the amount to be discharged, the secretary of the treasury shall proceed to determine by lot what applications shall be entitled to priority of payment.
Sec. 9. And be it further enacted, That the agents appointed by virtue of this act, and the several commissioners of loans, shall observe and perform such directions and regulations, as shall be prescribed to them by the Secretary of the treasury, touching the execution of this act.
Sec. 10. And be it further enacted, That nothing in this act contained, shall be construed in any wise, to alter, abridge, or impair, the rights of those creditors of the United States, who shall not subscribe to the loan created by virtue of this act.
NATHL. MACON, Speaker of the House of Representatives. GEO. CLINTON, Vice-President of the United States, and President of the Senate. Feb. 11, 1807. APPROVED, TH. JEFFERSON.
LOAN OFFICE, STATE OF VIRGINIA, JUNE 8, 1807. NOTICE IS HEREBY GIVEN, THAT, in conformity with the provisions of the act supplementary to the act, entitled "An act making provision for the redemption of the whole of the public debt of the United States," books will be opened at the office of the commissioner of loans for the state of Virginia, on the 18 day of July next, to continue open until the seventeenth day of March, 1808, inclusive, for the purpose of receiving subscriptions for such parts of the old six per cent. deferred six per cent. and three per cent. stock, as may, on the day of subscription, stand on the books of the said commissioner of loans. Those proprietors of the old six per cent. and deferred stock, who may subscribe, will receive in lieu thereof a new six per cent. stock, equal to the unredemed amount of the stock surrendered, redeemable at the pleasure of the United States, under a proviso however, that no reimbursement shall be made except for the whole amount of any such new certificate of stock, nor till after six months previous notice: and the proprietors of the three per cent. stock who may subscribe, will receive in lieu thereof, a six per cent. stock, equal to fifty-five per cent. of the amount of three per cent. surrendered, redeemable in the same manner as the new six per cent. above mentioned, but not reimbursable however, without the assent of the holders, until after the whole of the new six per cent. (given in exchange for old six or deferred as abovementioned) as well as the whole of the eight per cent. stock of the United States, shall have been reimbursed. It is also provided that in every reimbursement which may take place, a preference will be given to those creditors who may notify their wish to be reimbursed; and that if the applications to that effect shall at any time either exceed or fall short of the sum then applicable to that purpose, the priority of payment shall, so far as may be necessary, be determined by lot. The present stockholders who reside in any part of Europe, and may assent to that modification, may, at their option, receive the interest accruing on the new stock, either in the United States as heretofore, or in London, or Amsterdam, at par: in which last case, the interest will be paid there by the bankers of the United States, six months subsequent to the day, on which the same would be payable in the United States, and subject to no variation; nor to any other deduction than a commission to the bankers, of one half per cent. on the interest thus paid. JOHN PAGE, Commissioner of Loans. NOTE. Proprietors of 1000 dollars nominal per cent. stock, subscribed before the 1st October, 1807, will be entitled to receive, 649 62 of new stock. If subscribed between the 1st October, 1807, and 31st December, 1807, 644 37 — between the 1st January, and 17th March, 1808, 619 08 — Proprietors of 1000 dollars nominal deferred, subscribed before the 1st October, 1807, will be entitled to receive, 855 78 — If subscribed between the 1st October, and 31st December, 1807, 858 62 — between the 1st January, and 17th March, 1808, 831 42 — Being the unredemed amount of the old stock on the 18 July, and October, 1807, and 1st January, 1808, respectively. Proprietors of 1000 dollars three per cent. stock will be entitled to receive 550 dollars of new stock. J. P. COW. Com. Lns. June 10, 1807.
TREASURY DEPARTMENT. WASHINGTON, April 28, 1807. Public notice is hereby given, THAT in pursuance of a Resolution of the Commissioners of the sinking fund, at a meeting held on the 23rd day of March 1807, James Davidson Esq. Cashier of the office of Discount and Deposit at Washington, has been appointed agent under the superintendence of the Secretary of the Treasury, to make purchases at private sale of the eight per cent stock, on public account. Such persons, therefore, who are proprietors of eight per cent stock, standing on the books of the Commissioner of Loans for Virginia, and who may be desirous of selling the same, within the price limited by law, are requested to make application to the commissioner of Loans at Richmond, who will inform them of the course to be pursued. It is further made known for the information of the parties concerned, that agreeably to a resolution of the Commissioners of the Sinking Fund, the principal of the eight per cent stock will be reimbursed to the respective proprietors thereof, on the 18 day of January 1809. ALBERT GALLATIN, Secretary of the Treasury. May 19, 1807.
PROPOSALS FOR CARRYING THE MAILS of the UNITED STATES, On the following Post Roads, will be received at the General Post-Office in Washington, until the 18 day of July next, inclusive. IN VIRGINIA. 202. From Randolph C. H. to Franklin, Va. once in two weeks. Leave Pendleton C. H. every other Thursday at 6 A M, and arrive at Randolph C. H. by 11 A M. Leave Randolph C. H. every other Thursday at 1 P M, and arrive at Pendleton C. H. by 6 P M. 203. From Prince Edward C. H. by Hunter's Tavern, to Lynchburg, once a week. Leave Prince Edward C. H. every Saturday at 6 A M, and arrive at Lynchburg on Sunday by 6 P M. Leave Lynchburg every Monday at 6 A M, and arrive at Prince Edward C. H. by 6 P M. 204. From Lynchburg, by Campbell C. H. Hanon's store, Marysville, Grady's store, Stone's store, Pittsylvania C. H. and Beaver's tavern, to Danville, once in two weeks. Leave Lynchburg every other Monday at 6 A M, and arrive at Danville on Wednesday by 6 P M. Leave Danville every other Thursday at 6 A M, and arrive at Lynchburg on Saturday by 6 P M.
NOTES. 1. The Post-master General may expedite the mails, and alter the times of arrival and departure at any time during the continuance of the contracts, he stipulating an adequate compensation for any extra expense that may be occasioned thereby. 2. Fifteen minutes shall be allowed for opening and closing the mails at all offices where no particular time is specified. 3. For every thirty minutes delay (unavoidable accidents excepted) in arriving after the time prescribed in any contract, the contractor shall forfeit one dollar; and if the delay continues until the departure of any depending mail, whereby the mails destined for each depending mail lose a trip, an additional forfeiture of five dollars shall be incurred. 4. Newspapers, as well as letters, to be sent in the mail; and if any person making proposals, desires to carry newspapers, other than those conveyed in the mail, for his own emolument, he must state in his proposals for what sum he will carry with the emolument, and for what sum without that emolument. 5. Should any person making proposals desire an alteration of the times of arrival and departure above specified, he must state in his proposals the alteration desired, and the difference they will make in the terms of the contract. 6. Persons making proposals are desired to state their prices by the year. Those who contract will receive their pay quarterly, in the months of August, November, February and May, in one month after the expiration of each quarter. 7. No other than a free white person shall be employed to convey the mail. 8. Where the proposer intends to convey the mail in the body of a stage carriage, he is desired to state it in his proposals. 9. The Post-master General reserves to himself the right of declaring any contract at an end, whenever three failures happen, which amount to the loss of a trip each. 10. The contracts for the above routes are to be in operation on the first day of October next, and are to continue in force for two years, excepting the routes numbered 202 to 210, which are to continue in force two years and an half.
GIDEON GRANGER, Post Master General. General Post Office, Washington City, March 21, 1807. IAWIFJ.
A VALUABLE MANUFACTURING MILL FOR SALE. The subscriber offers for sale his MILL, on Southam-River, in the county of Hanover, about ten miles from the Court-House, and twenty from this place; it is situated in a neighbourhood remarkable for making wheat of an excellent quality, and on a never failing stream. The Mill-House is 50 by 80 feet, two floors high, in which are three pair of stones. The machinery is now undergoing a thorough repair, and will soon be in complete order. I am willing to accommodate the purchaser with a credit of six or seven years, and receive payment by annual instalments. Possession may be had by the 10th next month. If a sale is not made previous to that date, I shall be disposed to purchase wheat delivered at the Mill; will also continue to manufacture crops on the usual terms.
ROBERT POLLARD. June 13. O.S.W.
VIRGINIA: At a Superior Court of Chancery held at the Capitol, in the City of Richmond, the 25th day May, 1807. THOMAS BURLING, and MARTHA his Wife, Pliffs. AGAINST JOHN HOPKINS, Defs. 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 this Country; on the motion of the Plaintiffs, by their counsel, It is ordered, that the said Defendant, do appear here on the first day of the next term, and answer the bill of the Plaintiffs; and that a copy of this order be forthwith inserted in some newspaper published in the City of Richmond, for two months successively, and posted at the front door of the Capitol in the said City.
A Copy. Teste, PETER TINSLEY, s. e. June 3. e02m.
In pursuance of a decree of the Superior Court of Chancery for the district of Richmond; will be sold on the 6th day of July next, at the Tavern of Mr. Zachariah Brooks, in the town of Manassas:
THE LOT and Appurtenances in the said town, lately occupied by Mr. Wm. Robinson; the sale will be on twelve months credit, the purchaser to give a bond with security, to bear interest from the date.
June 17. JOHN MINOR, Trustee. ep8w.
By virtue of a Deed of Trust executed by Thomas Williams, of the county of Richmond, late dec'd. to the Subscriber in trust, for purposes therein mentioned, bearing date the 10th of August 1801, of record in Richmond County Court: I will be exposed to sale, to the highest bidder, for ready payment, on Saturday the 20th of June next, at William Alderson's tavern, at Farnham Church, Richmond County, The MILL with the implements and utensils thereunto belonging; together with seventy-five and one quarter acres of LAND, adjoining the said Mill, which were conveyed by the said Deed, lying and being in the said county of Richmond, near Farnham Church—and if the day appointed for the sale, should prove bad weather, the property aforesaid will be sold the Monday following.
GEORGE MISKELL, Trustee. June 8. oaw8w.
THE SUBSCRIBERS HAVING PURCHASED THE STOCK OF DRY GOODS, of Gilliat and Kirby, and taken the STORE lately occupied by them, WILL carry on the business under the firm of KIRBY, DRAKE & TAYLOR. They will follow low for cash or on short credit, to punctilious customers.
JAMES KIRBY, RIVERS DRAKE, EDM'D. TAYLOR, jr. May 26. ep8w.
Sales at Auction. On WEDNESDAY the 24th inst. will be sold, privately, without reserve, about Eight Thousand Dollars worth of goods imported
DRY GOODS, consisting of— CALICOES and Chints, white and black Cambric, Ladies fine cotton Hois, fine cotton Shirting, India Shirting, Fandanna and Madras Handkerchiefs, brown Platellas, German Dowlas, Cotton Kerseymere, Chambray Mullins and Ginghams, Furniture Calicoes, Germantown Prints, coloured Cambrics, elegant worked Shawls, 6-4 Cambric and other Dimity, silk and cotton Umbrellas.
A FEW BALES of Samshah, Bafas and Coffas, one bale of Gilla Hifs and a variety of other articles. TERMS OF SALE.—All sums of 100 dollars, and under cash—between 100 dollars and 500 dollars, 90 days—over 500 dollars, six months credit will be given. Notes negotiable at the Bank, with approved endorser will be required. June 17. Darnstadt, Fester & Satchell. eptd.
TO BE SOLD, FOR READY MONEY, At the Eagle-Tavern, in the City of Richmond, on Monday the 20th day of July next, by virtue of a Deed of Trust, executed by John S. Moore, for the purpose of securing a debt therein specified, due to Walter Boyd Gilliam.
A TRACT OF LAND, lying partly in Hanover, and partly in Goochland, adjoining the Lands of Elisha Leake, Samuel Mobey, William Woodfin and others, and containing, by estimation, 560 acres, or so much thereof as will be sufficient to satisfy said debt, with the expenses attending the execution of the trust. By order of the Trustee. TAYLOR & BROWN, v. m. May 28. tf.
WILL BE SOLD, AT PUBLIC AUCTION, At the Eagle-Tavern, in the City of Richmond, on THURSDAY the 2nd day of July next, if fair, if not, the next fair day thereafter.
A VALUABLE TRACT OF LAND, containing 160 acres, more or less, lying in the lower end of the County of Louisa, whereon Thomas Wathn now resides, and adjoining the lands of Messrs. John S. Smith, Joseph Eggleston and Henry Dickenson. Six months credit will be allowed the purchaser on his giving a note negotiable in the Bank of Virginia, with an approved endorser or endorsers, and a deed of trust on the property to secure the payment of said note. TAYLOR & BROWN, Trustees for the Creditors of Mr. George Greenlaw. June 10. tdf.
THE SUBSCRIBERS HAVE JUST RECEIVED A SUPPLY OF COLOGNE MILL-STONES, of different sizes, WHICH will be disposed of for CASH or approved negotiable Notes at 60 days. TAYLOR & BROWN. June 10. tf.
FOR SALE, All the personal estate of Robert Burton, dec'd. and an extent on the HOUSE and LOT, known in the plan of the City, by No. 583. Also, an unimproved LOT, No. 547. The sale will take place on the premises, on Monday the 22nd current, at 10 o'clock. By order of the Executor. TAYLOR & BROWN, v. m. June 10. 2w.
POSTPONEMENT. THE SALE OF COL. QUARRIER'S SQUARE GROUND, advertised by us, for sale on the 10th inst. is POSTPONED until Saturday the 20th inst. when it will CERTAINLY take place. TAYLOR & BROWN, v. m. June 10. tdf.
NOTICE. THE debtors to the late firm of GILLIAT and KIRBY, are hereby informed that Thomas Gilliat alone is empowered to receive payment of all the debts due to that concern. All persons having demands against them, are requested to apply to Thomas Gilliat, and those indebted to the firm, are earnestly requested to come forward without delay and discharge their respective debts. For JOHN GILLIAT, AND SELF, THOMAS GILLIAT, JAMES KIRBY. ep8m.
LOTS FOR SALE. On Tuesday the 9th day of June next, at ten o'clock in the forenoon, on the premises, will be sold at public auction, SIXTEEN half acre LOTS, situate on the north side of Bacon-Quarter Branch, in or adjoining the city of Richmond, denoted and known by the survey made by Richard Young for Wm. Duval, by the No's. 311, 312, 321, 322, 319, 320, 313, 314, 293, 294, 286, 287, 266, 267, 254 and 255. Terms of payment will be made known at the time of sale.
Any person inclined to purchase at private sale, either the whole or part of these Lots, may know particulars by applying to ALEX. QUARRIER, or, JOHN RICHARD. May 8. tdf.
THE sale of the above mentioned sixteen LOTS, is postponed until Saturday the 27th inst. (June 1) at noon, of which day, it will take place at the Eagle-Tavern, in the City of Richmond, when a plot showing the position of the several Lots will be produced, till then may be seen at Mr. John Satchells. In the mean while any persons desirous of viewing the property will be accompanied to the spot by one of the Subscribers. ALEX. QUARRIER, JOHN RICHARD. June 18. tdf.
MRS. SMITH, MILLINER, NEXT DOOR BELOW THE EAGLE-TAVERN, Respectfully informs the Ladies of Richmond and its vicinity, that she has just received, her spring assortment of MILLINERY.
CONSISTING of a neat and general assortment of the newest fashions, which being laid for cash, will enable her to dispose of them on the lowest terms. May 29. 1m.
On Tuesday the 7th day of July next, shall, by virtue of a Deed of Trust, executed to me, expose to PUBLIC AUCTION, for ready money, upon the premises, so much of the
ESTATEMENT, lately owned by Francis Allison, as is now in the occupancy of Mr. Benj. James Harris—or such portion thereof, as may be sufficient to pay and satisfy the sum of £500, with interest thereon, from the 1st day of January, 1805, and the costs and charges attending the execution of this trust—that being the sum due, under the said deed. SAM. MCRAW, Trustee. June 6. tdf.
THE SUBSCRIBERS HAVE FOR SALE, FINE old Medoc Claret, of the vintage of 1801, London particular Teneriffe Wine, 1 Set elegant French desert Chins, of the manufacture of Angouleme, German Ticklenburg, by the piece or bale, Sold in Sacks, Crates of Liverpool Ware and Sugar in barrels. Picket, Pollard & Johnson. May 19, e8w.
By virtue of a Deed of Trust from John Hopkins, Esq. agent for the Virginia Company, to the subscribers, for the purpose of securing the payment of one Thousand Four Hundred Pounds, with interest from 25th July, 1806, due to Thomas Rutherford— WILL BE SOLD to the highest bidder, for ready money, before the Eagle-Tavern, in the City of Richmond, on Tuesday 28th July next:—
ALL the LAND belonging to the Virginia Company, lying between the Canal and James-River, and near to said Rutherford's mill. ROBT. GAMBLE, GEO. JEFFERSON, ROBERT POLLARD, CH. JOHNSTON, tdf. May 13.
At a Chancery Court held in Williamsburg the 20th day of October, 1806. Robert Baylor, Plf.
William Franklin, Defs. BY consent of the parties, signified by their letters filed, the court doth adjudge, order and decree, unless the defendant do, on or before the first day of February next, pay unto the Plf. twenty pounds, three shillings, with interest thereon, to be computed at the rate of six per centum per annum, from the sixteenth day of September, 1806, and the costs expended in the prosecution of this suit, that the said defendant and his heirs, and all persons claiming under him, be from thenceforth barred and foreclosed of all equity and right, to redeem the one hundred and fifty acres of Land in the county of Essex, mentioned in the bill, and in the indenture of mortgage therein referred to, and filed as an exhibit, made the third day of December 1801, between the defendant of the one part and the Plf. of the other part, and in case of default in the payment of the said money, interest and costs at the time aforesaid, that Thomas Pitts jun. James Munter, James M. Garnett and William Waring, or any three of them; after giving three weeks notice in one of the Richmond newspapers, do expose to public sale by auction, for ready money, the said one hundred and fifty acres of land, and out of the proceeds of the sale, pay unto the Plf. the said money, interest and costs, and the surplus of the proceeds of sale, if any, after deducting the expenses attendant thereon, pay unto the defendant, and make report thereof to the court, in order to a final decree. Plfs. costs 20 dollars, 65 cents. A Copy. (Signed) ANTY. ROBINSON, e. 2
ON Monday the 6th day of July ensuing, we shall attend on the Land mentioned in the foregoing copy of a decree of the Williamsburg Chancery District Court, and expose it to sale on the terms therein mentioned.
THOS. PITTS, WILLIAM WARING, JAMES HUNTER. Essex, June 13. 2w.
FOR SALE, A NEGRO MAN, by trade a SADMATER.—Enquire of the PRINTER. June 13. 4t
FOR SALE, THE TRACT OF LAND, whereon the subscriber now resides, lying in the county of Amherst, about 4 miles from Warmfingers, on James River, containing about 2400 acres, 140 of which are cleared and in cultivation; of these, 50 are excellent creek low-grounds. There is also some good meadow land, tolerable orchards, and a good grist-mill, on this tract, (about half of which is first rate tobacco land.) it abounds in fine timber of pine, oak and poplar; it will be sold entire or in lots. Also, another tract, lying in Buckingham, about 5 miles from Warmfingers, containing 400 acres, about 50 of which are cleared; a considerable part of this tract is good tobacco land; on it is a tolerable dwelling-house, and an excellent mill. A small part of the purchase money for each tract, will be required in cash or negroes, and for the balance, accommodating credits will be given. The lands will be shown and the price made known by CORNELIUS THOMAS. Amherst, May 26. lawitf.
TO RENT, For thirteen years: THAT valuable GARDEN of the late Mrs. Jacob Boeckus, and now occupied by the Subscriber situated on the Main-Street of this city, between the Capitol and Basin of the canal; its conveniences are superior to any other in this place. A large Carrying Shop, Cellar and drying loft, a spacious Bark-House, two Barn Mills and Houses, a Beam House and every other requisite for the tanning of from 2 to 3000 hides a year, exclusive of skins: Also on the same tenement a convenient DWELLING HOUSE, Kitchen, Smoke House, Stable and Garden, the renter may be accommodated with about one hundred cords of excellent red and black oak Bark, now in the Bark House at a fair price. Proposals for the above will be received by the subscriber. Bond with approved security will be required, and possession given of the whole, except a few of the vats, on the first of September next. The reason assigned for offering the foregoing property for rent, is the ill state of health of the Subscriber by that attention the business requires. MARCUS ELCAN. April 3. lawitf.
LONDON SHOES. THE subscriber offers for sale, a large assortment of Ladies Satin, Kid and Morocco Slips and Ties, with and without heels, of London manufacture—A constant supply of Ladies and Gentlemen's New-York Shoes. D. J. BURR, Hat & Shoe Store 2nd door above the Eagle-Tavern. oaw8w. May 8.
FOR SALE, By the Subscriber, WEST-INDIA and New-England Rum, French Brandy, Molasses, Loaf & Brown Sugar, Coffee and Chocolate, Belt Imperial and Hylton Tea, Pepper, Race and ground Ginger, Nutmegs & Cloves, Windsor shaving Soap, Linseed and Lamp Oil, White Lead and Spanish Brown, Yellow Ochre, Patent Green ground in oil, 8 by 10 & 10 by 12 Window Glass, 2d, 3d, 4d, 6d, 8d, 10d & 20d Nails and Spike do. Barr Iron of all descriptions, square, flat, and round Plowshares, German Steel, Fire Ores & Skelton, Powder and Shot, Liverpool fine Salt for pork, belt Hales Salt for Pork, Saltpetre & Brimstone, 600 pair Mens thick Shoes, mens fine Shoes, boys do. Ladies Hoop Skirt, Morocco Slippers, Table Linen and Irish Sheet, Bare Skin, blue and mixed Plains, Patent Cord and Thickets, Writing and Wrapping Paper, Paste Board, Cotton and Wool Cards a le. barrels Mackerel, Novascotia Herrings, do. Grindstones. Also, just received from Boston.
One Piano Forte, and one elegant Piano Forte with additional keys. The above articles will be sold cheap for cash or country produce, or 60 days note at the bank. BENJ. STETSON. oaw8w. Jan. 22.
PETER V. DANIEL, residing in Falmouth will practice LAW in the County Courts of Stafford, Spottsylvania and Culpepper; and in the District Courts of Fredericksburg and of the Hay-Market. May 26, oawitf.