The enquirer (Richmond, Va.), 1807-02-06 00:00:00

The Enquirer.
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE POST-OFFICE.....AT FIVE DOLLARS PER ANNUM.....(PAYABLE IN ADVANCE.)
NUMBER 88.]
RICHMOND, FRIDAY MORNING, FEBRUARY 6, 1807.
[VOLUME 3.]
Sales at Auction.
On Wednesday, the 11th February, will be sold at Auction, on the premises:
A HALF ACRE OF LAND, known in the plan of the city, by No. 8. It is beautifully situated on the bank of the river, back of the Court House, & commands a very extensive and delightful prospect. On it, there is a large two story frame dwelling house, with a good cellar, and convenient out houses.
Terms will be made known on the day of sale. TAYLOR & BROWN, Auctioneers. January 29.
Europe.
By the ship Cato arrived at New-York, in 50 days from Liverpool, with London dates from the 10th Nov. to the 6th Dec. inclusive.
LONDON, November 20.
It is confidently reported that the Jews of Prussia have declined sending any of their Rabbies to the Grand Sanhedrin convoked by the French Government, and now actually sitting at Paris. In consequence of the invitation sent to them, the Rulers and Heads of Tribes among the Prussian Jews have assembled, and declared in the most unequivocal, clear, and solemn manner, that Prussia is their country, that they never will for a better, and that it is not a point in their religion to prefer the Holy Land to any other, as has been supposed by the Christian Divines. Conforming to this doctrine, they have notified, in the most public and authentic manner, this declaration, and have invited his Prussian Majesty to receive their homage and oath of fealty, before the altar, at the Grand Synagogue at Potsdam. It is said that his Majesty has expressed much satisfaction at this declaration, and has given the Jews to understand, that he will attend at their place of worship on his return from the army. The voluntary subscriptions of the Jews at Berlin are without example, some of them having subscribed 1,000 guineas, and none under 100l. sterling.
November 22.
According to accounts from the French coast, most of the troops in the garrison in that line have been marched to the seat of war; if this be true, either the allied armies must be in considerable force, or Bonaparte wishes to put an end to the contest at once, by a stroke that will not require to be repeated. If the latter should be his object, it may be defeated by experience and dexterity. The Prussians have clearly purchased the one; and if Lord Hutchinson should reach the allied camp in time, he may be safely looked to for the other. Much, say perhaps the whole, in the end, will depend on the part which Austria may take in these struggles. The neutrality of that Cabinet will rest on the success of Bonaparte; for if fortune should continue to smile on him, it would be the height of rashness to take any part that would draw down the lightning of his vengeance on her head. Under the pretext of neutrality, Austria may recruit her forces and recover from the wounds inflicted in the battle of Austerlitz; and if an opening should offer, either policy or generosity would, in all probability, unseat the sword.
The military requisitions in Spain have given rise to different opinions. To resist the oppression of France, cannot be the object; nor yet South America; for in the feeble state of the Spanish Navy, troops could not be transported thither. The invasion of Portugal, in all likelihood, is the aim. We cannot, from the distribution of our land forces, assist the Portuguese with men; and it is men only can save them. If the subjugation of Portugal then should be the object of Spain, and if the former should be constrained to yield, the Court of Lisbon, it is thought, will remove to Brazil, where it will be followed by all those who do not wish to bend their neck to the Spanish yoke.
It is now confidently said, that Vera Cruz is the first object of the expedition which failed a few days since, under general Crauford; and then Lima. When gen. Crauford has reached his destination, we shall have ten thousand men in South America, a force amply sufficient to secure the possession of that invaluable conquest.
A few days since a meeting of the Sierra Leone company, took place at the New London tavern, in Cheapside, Mr. Thornton in the Chair, when the hon. gentleman read the report of the state of the company to the meeting. It concluded with observing, that, in consequence of one of the objects for which the company had been formed, viz. the abolition of Slave Trade, being in a fair train of accomplishment; the company being considerably in debt, and their expenses unavoidably increasing; the governors, therefore, recommended the giving up the colony to Government. On Thursday Mr. Thornton attended a committee of the Privy Council, and made an offer of the company's charter. Mr. Thornton received for answer, that the offer should be laid before his majesty. It is supposed some difficulty will arise, on account of the company wishing to retain some power in the colony, although they give up the charter.
November 24.
All the British troops have been withdrawn from Calabria Uteriore, except the garrison of Scilla (which consists of 200 men, under the command of Major Robinson) together with a strong detachment of his Sicilian majesty's forces that had recently been sent thither under the command of Major-general Acton. The enemy having re-organized their army, by a junction of all their scattered divisions, and an augmentation to their forces having joined them from the neighbourhood of St. Sernino, they have been enabled to resume an advantageous position on the heights of Monteleone.
November 28.
Magdeburg surrendered on the 8th to gen. Ney, after a blockade of 24 days. The garrison consisted of 20,000 men. All the soldiers are to be sent to France as prisoners of war. The booty found in it was immense. It is said, that it contained treasure to the amount of seven millions sterling. Hameln, in Hanover, has likewise capitulated. Louis Bonaparte occupies Hanover. Oldenburg has been taken possession of in the name of the King of Holland. Murat, Bernadotte, and Soult, with their respective corps, have marched to Berlin.
The Proclamation of the two Poles attached to the French army, and addressed to their countrymen, by order of Bonaparte, is a prelude to the invasion of that State by the French, with a view of erecting it into a kingdom, under Jerome Bonaparte. Davoust's corps has reached
Posen, in Poland, and is to be followed by a great part of the army. In the mean time, the Emperor of Russia has ordered a levy of four recruits for every 500 souls. This levy was to commence on the 1st of this month, and to be completed on the 1st of January next. Notwithstanding all these military preparations, it is thought by some that negotiations of a pacific complexion are in train between Russia and France; yet it can hardly be supposed that Alexander would give up Poland, at least, without a struggle, or that Bonaparte would strike it out of the list of conquest he has planned.
December 1.
In pursuance of Marshal Mortier's proclamation requiring all bankers and merchants, having British funds & manufactures in their possession, to give in correct statements, the Commercial Chamber of Commerce, at Hamburg, requested by public notice, that those complying with the proclamation should also furnish them with copies, and at the same time send an estimate of the losses they shall be subject to, should the measures enjoined be carried into effect, in consequence of reprisals by the British government. The great object intended by this estimate is to shew by a petition to Bonaparte, that the plan of confiscation must be ultimately more favorable to Great-Britain than to the interests of Hamburg. The underwriters were also desired to state, as far as they were able, the injury they would sustain by the capture of Hamburg, and other vessels in order that a fair balance might be made out. A meeting of the underwriters was accordingly held at Borsen Halle, but the result had not transpired.
A captain of a ship just arrived from Elsfleur, reports, that when he left it, that accounts were received that an action had taken place between the Russians and French in the neighborhood of Posen, in which the latter were defeated with great slaughter. The Russian army consisted of 140,000 men, and the French of but 60,000. A ship arrived at Elsfleur in three days from Stettin, the captain of which saw 19 waggons full of wounded Frenchmen.
December 3.
By the Alpha, captain Hutton, arrived at Harwich, we learn that the French took possession of Cuxhaven on the 25th. This intelligence is not to be doubted. Napoleon will endeavor to shut up every port in his power in the North Sea—Denmark must look to herself—but he is not without assistance. Sir Samuel Hood is to sail immediately with a squadron into the Baltic; so that Bonaparte's threat of shutting up the Sound will melt in air.
The 30th Bulletin of the French army states, that 60,000 Russian troops had begun to enter the Prussian State by Georgenburg, Grodus, &c. &c. but, that on hearing of the result of the battle of the 14th, they had fallen back. As this was but the advanced guards of their auxiliaries, they did not think it prudent, perhaps, to proceed till the main body arrived; which in all likelihood, was in full march at no great distance. If this should be the cause, it is a proof that Bonaparte will be disappointed in the plan which he evidently laid, of attacking them by surprise.
We understand that the Privy council have come to a resolution to issue an order for preventing the transfer of Foreign Property in the Funds. His Majesty came to town this morning to give it effect by the Royal Signatures.
December 4.
In the second edition of the Statesman of yesterday, we announced that Mr. Schultz had arrived from the Elbe in the morning, with the important intelligence, that a battle had taken place at Posen, between Davoust's corps and the Russians, in which Marshal Davoust had been completely routed. This gentleman left Hamburg on the 25th ult. when this report was current in that city, and very generally accredited. That the Russians were in full march to Posen, is not doubted. The Hamburg article of the 5th ult. says, "Letters from Polish Prussia announce, that the Russians are arrived at Posen" and again, "Letters from Rostock, of the 24th November, announce, that an engagement took place between the French and Russians near Stavenhagen. A number of wounded Russians were brought to Rostock." If such an engagement had taken place, and if the Russians had been defeated, it would have been detailed at full length. On the 12th ult. there were only three divisions of the French at Posen, amounting at the most to 50,000 men. Ney and Soult had only then begun to march for Brandenburg, Bernadotte and Mortier were in the vicinity of Hamburg, and Murat had not reached Berlin so late as the 18th ult. so that Davoust could not be joined for some time by any considerable body of troops; if in the interval the Russians had reached Posen in sufficient force, it is earnestly hoped that they availed themselves of every circumstance in their favor.
December 5.
We have received Dutch papers to the 25th ult. their contents are very important. From the commencement of the war, between France and Prussia, we conceived that Austria would be ultimately involved in hostilities with France and that it would be impossible for that Power to maintain its Neutrality, if even disposed to do so. Bonaparte, who is fruitful in pretext, would soon find one to violate it. His success in the North of Germany have filled his head with schemes of unbounded conquest, and it is not to be doubted but he has said in his mind, "Francis must be reduced to the situation of Frederick William!" The Cabinet of Vienna appears to have foreseen this, and to have provided in the interval of every advantage that could contribute either to avert the intended blow, or meet it when it came. The Austrian army is now in a fine condition; numerous, well disciplined, and headed by a Chief, that has already given proofs of his undaunted bravery and military skill; the position of that army is favorable, either to defensive, or offensive operations; and we are now more inclined to think than ever, that Austria in a short time, will take a part in the war. The intelligence from Vienna, of the 8th ult. strengthens this opinion. The Notes presented by the French ambassador in that city, to the Austrian Minister, were answered on the same day. This shews that the cabinet was not taken by surprise. If the contents of these Notes were, what we have already stated, that the Austrian troops (80,000) should evacuate Bohemia, and that Prince Charles should not place himself at their head, (and it is not to be doubted that these were the inflexible demands,) we may guess at the answer. The Notes were delivered on the 5th ult. and, seven days after, the Austrians
were advancing towards the borders of Silesia and East Gallicia. In the Frankfort article it is stated, that the Austrians were moving to the side where the Russians are expected. There is more to be collected from these movements than from all Bonaparte's proclamations and fabricated letters. The intercourse between the courts of Petersburg and Vienna is more frequent than at any other period. These two courts can have but one interest—the crowns of both may be said to be at stake; and it is reasonable to suppose, in such a situation, that their views are mutual. They can have no object of jealousy or ambition, (the bane of all confederacies,) to mingle in their councils, or in the field.
These papers lay down the position of the French force on the right bank of the Oder, in the middle of the last month. The left wing was extended toward Thorn, on the Vistula; the centre was stationed at Posen; and the right was established on the borders of Silesia. The left is directed against the Russians on the Vistula; the centre against Poland; and the rear, in all probability, to watch the movements of the Austrians, and to guard against any surprise from that quarter.
December 6.
Mr. Thornton our late minister at Hamburg, arrived this morning. He brought the intelligence of all the British merchants in Hamburg having been detained by Bonaparte as prisoners of war.
Hanover, Nov. 1.
The following Proclamation has appeared in this Electorate:—
"The inhabitants of the village of Wethdorf have had the temerity to murder isolated Frenchmen passing through their territory; they detained and plundered a convoy. A dreadful example was necessary to repress such atrocities; and it has also been given. The inhabitants of the above mentioned villages, have all, except the old men, women and children, been punished with death. A similar treatment is reserved for those who may imitate the example of these rebels. But, at the same time, that all acts contrary to the law of nations and of war will be severely punished with the greatest severity; protection and security will be granted to all the peaceable inhabitants."
Hamburg, Nov. 5.
Private letters announce, that the Allied Troops, commanded by Prince Jerome, have arrived at Frankfort upon the Oder; and that their advanced guard has proceeded towards Polish Prussia. It is also stated, that the Russians have passed the Vistula, and that they have advanced as far as Gnesna, Posen, and other towns in Prussian Poland. It is said his Prussian Majesty is with them.
Lubeck, Nov. 10.
The 6th of this month was the most dreadful day in the annals of Lubeck, the Prussian General Natmer being in our town with 4,000 men. The French, under the orders of Marshal Bernadotte, attacked the Prussians at nine o'clock in the morning, out of the town; both sides fought with the greatest bravery and obstinacy; towards noon the French appeared before the town with very superior forces; they were received at the gates with cannon charged with grape (mitraille), but it did not stop them; they were repulsed at several of the gates, but they succeeded in forcing that of Dem Burgher; then began in the town the most dreadful combat. The Prussians had a good deal of artillery which did much injury to the French, but nothing could withstand the bravery and superiority of the French who entered the town: they followed the Prussians into all the houses, churches and public buildings, where a terrible carnage was made, the slaughter lasted upwards of three hours, during which the number of killed and wounded accumulated both in the houses & in the streets, and particularly at the Burgher to a frightful height.
Hanover, Nov. 14.
The following notice has been published:— TO THE STATES OF HANOVER. "Gentlemen, I have taken possession of your country in the name of his majesty the Emperor and King, my most gracious Sovereign. The revenues of the country will be collected, and justice administered in his name, &c." (Signed) EDWARD MORTIER.
Gottenburgh, Nov. 30.
A Russian Courier has just arrived in ten days from St. Petersburg. He reports that in passing through Stockholm, he was told there had been an action between the French and Russians, in which the latter was completely victorious. He could not learn the particulars.
The British packet Duke of Montrose was at Falmouth, Eng. on the 3d. Dec. and was expected to sail for New-York on the 7th.
Price of Stocks this day, 3 per cent reduced 50 3 8—Omnium 11 2 to 2 prem.
Berlin, Nov. 8.
Our Gazette of this day contains the following:— John Henry Dombrowski, General of Division, Grand Cross of the Legion of Honour, Commander of the Royal Order of the Iron Crown; Joseph Wybicki, Representative of the Cities in the Diet of 1791:—
PROCLAMATION OF THE FRENCH EMPEROR TO THE POLES.
"Poles—Napoleon the Great, the Invincible, advances into Poland at the head of three hundred thousand men. Without attempting to penetrate into the secret of his views, let it be our only endeavour to render ourselves worthy of his greatness."
"I will see," (he has said) "I will see whether you deserve to be a nation. I am going to Posen: there shall the first plan for your benefit be concerted."
"Poles, it depends upon you to be an independent people—to acquire a country. Your avenger, your creator has appeared. Hasten to meet him from every side, as oppressed children hasten to meet their father, who comes to bring them aid. Bring him your hearts, your arms. Prove to him that you are ready to shed your blood to re-acquire your country. He knows that you are disarmed, he will supply you with arms."
"And, you, Poles, who have been compelled by your oppressors to fight against your own interests—Come, assemble under the banners of your country."
"Soon, called by Napoleon the Great, shall Kosciuszko speak to you by his command. In the mean time, receive this token of his high protection. Recovered, that the call he gave you to assemble in legions in Italy has not deceived you. Those legions, was, deserving the approbation of the invincible he."
roes of Europe, who gave him the first conception of the Polish spirit and the Polish character. At the Imperial Head-quarters, Berlin, Nov. 3, 1806.
"DOMBROWSKI. WYBICKI."
(ANOTHER LETTER OF THE SAME DATE.)
The General of Division, Savary, Adjutant of his Majesty the Emperor, advanced on the 31st of October, with a column of 6000 cavalry, where he made prisoner the brother of the Queen of Prussia, who was in the Prussian service.
The Bavarian and Wurtemberg troops are drawing through Saxony to the Oder, and will form the corps of Prince Jerome.
His imperial and royal Majesty, according to a resolution, dated Wittenberg, Oct. 23d, has taken possession of the Principalities of Eichsfeld and Erfurt, the country of Hohenstein, and all the Prussian territories in Saxony, between the Rhine and the Elbe: the Eagles are everywhere taken down, and the revenues will be received on account of the Emperor.
SEIZURE OF HAMBURG,
BY THE FRENCH, and Confiscation of all British Property found in that city.
"HAMBURG, Nov. 22d.—This city which has so long preferred its independence, is reduced to a state of vassalage. After the most solemn force practiced by the French Minister, to produce the conviction that the neutrality of Hamburg would be respected, 2000 infantry, and 250 Dutch cavalry, suddenly entered the place on Wednesday, with General Mortier at their head, and formally took possession of the city in the name of Napoleon. The next day (Thursday) French soldiers mounted guard at all the public offices and gates, and free quarters were provided for the troops, who were distributed at the houses of the citizens. A few hours only had expired, when the names of the Generals, Colonels, and Commanders of the French army, were inscribed on the doors of the principal mansions, so that it might have been supposed to have been a garrisoned town for six months. The Commissary at War, occupies the house of the British Minister, which he entered half an hour after the latter had quit it. The head quarters are at a Senator's, in the Blichen. One of the first measures has been a demand by the Commander in Chief of all the English property, in whatever form it may appear. To this application the Senate replied, that to enforce such a requisition would be the total ruin of the city. General Mortier signified, on receiving this communication, that it was his determination not to relax a hill of his demand. Means are already taken to carry this scheme of pillage into immediate execution; and for this purpose the Merchants are required to give an estimate of all the English property in their hands, domiciliary visits are appointed to ascertain the validity of such accounts; and yesterday afternoon many of the most respectable persons were put under arrest, to operate on the public mind by intimidation. Among these I am sorry to name Mr. Burrows, Mr. John Thornton, Mr. George Smith, and Mr. Parish. At first these Gentlemen were confined in a house, near the Exchange, after fees had been put upon their effects; but they have since been permitted to occupy their respective houses. A guard however, always attends them. In this situation of things, apprehensions are entertained, that more of the English will be put under arrest, until the avarice of these public plunderers is satisfied. Since Wednesday, about 5,000 more French infantry have arrived here; and it may naturally be expected, that from the total stagnation of trade, and the increase of price of subsistence, the lower orders will not be able to maintain themselves; & that the greatest disorder will prevail in a city, the population of which extends to 120,000 souls. The famine threatened at Berlin is to be alleviated by supplies from the granaries of Hamburg, which is another cause of anxiety, under the immediate necessities and difficulties with which this unfortunate City has to contend. I am sorry to present before you so melancholy a picture, and I should with yet more reluctance make any comment upon it, as affecting the interest of the great commercial city in which you reside, and the manufacturing towns throughout the British Empire. Unfortunately the destruction of war is not confined to those who perish in the fields it is brought home to the fire-sides of those who are the best friends to the peace, order, and happiness of society. Yours, &c."
Extract of a letter from Yarmouth, dated Dec. 5, 1806.
"We have just time to inform you of our arrival at Hamburg, which we were obliged to leave at a few moments notice, to escape being made prisoners of war. Bonaparte's last proclamation is to this effect: That British property of every description is to be confiscated—England is declared to be in a state of block—de, and all British subjects who may be found in places occupied by the French, are declared prisoners of war."
It is reported that the merchants and others, made prisoners at Hamburg, have been arrested and marched from the place.
We have reason to believe that the reports to which we alluded yesterday, of the negotiations with America having taken an unfavorable turn is well founded. There is no pretence for saying this country has evinced towards America a haughty or unbending spirit. Far from it, the details of the negotiations we understand will show, that every thing was done on our part that could be done, with either safety or honor to adjust the differences with America. Notwithstanding the insulting language used towards the country—Notwithstanding the passing of the non-importation bill, we shall show every disposition to prefer peace. But it cannot for a moment be supposed that our anxiety for peace originated in any dread of war. It was because we could not dread a contest with America that we flew a greater disposition to moderation and concession; for we were sure that our moderation could not be taken for meanness, nor our disposition to concede to be supposed to proceed from a principle of fear.
Letters from Lisbon to Falmouth state that it was currently reported there, that Bonaparte had commanded from the Spanish government, a categorical answer to three questions. 1st. The nature and terms of their negotiations with Russia. 2d. Their reasons for not providing a sufficient security for their possessions in America. 3d. Why Spain was not at present arming—demanding at the same time 50,000 dollars per day until such questions should be satisfactorily answered.
A Gottenburgh Mail arrived this morning with the following important intelligence, which we hope will prove true.
MAGDEBURG, Nov. 9.
CAPITULATION
Settled yesterday for this Fortress, between the Marshal of the Empire, Ney, and the Governor General Von Kleist.
ART. 1. The city, citadel, and fortifications of Magdeburgh, shall be given up to the troops of the
Sixth Corps of the Grand Army, with all the artillery, ammunition, magazines, and stores of every kind, with every description of Government property, without the smallest reservation, and in the exact state in which they were at the time of this capitulation.
II. The gate called Ulrichs Thor, and the works outside of the same, shall be evacuated for the French army, so that they shall take possession of them on the 10th of November, at 2 o'clock in afternoon.
III. The garrison shall march out through the said Ulrichs gate, on the 11th of November, in the morning at 11, with drums beating, colours flying, and four field pieces, shall lay down their arms, and the cavalry deliver up their arms and horses, at the place that shall be appointed, at cannon shot from the fortress.
IV. After laying down their arms, the garrison shall be considered prisoners of war, the men shall be sent to France, and the officers remain prisoners on their parole of honor not to serve against the Emperor of France and King of Italy, nor against his Allies until regularly exchanged they shall be free to go where they think proper; those only whose families reside in Magdeburgh, or who are there settled and married, shall have liberty to remain in the city.
V. The officers shall keep their swords, baggage, and horses; the soldiers their knapsacks and valises.
VI. The Cadets, Ensign-Cadets, and Sword-girt Ensigns, and the Sergeant-Majors, of the infantry and cavalry, shall be considered as officers, and treated upon the like footing.
VII. The Quarter-masters of regiments, Pay-masters, Chaplains and Surgeons, shall not be considered prisoners of war.
VIII. The two incomplete companies of invalids, in the fortress, who are unfit for service, shall lay down their arms and be sent to their own garrisons, one to Peine, near Hildesheim, the other to Alkin, where they shall receive their accustomed pay and support at the country's expense.
IX. After the evacuation the officers shall return to the city to receive their passports, and proceed according to their destination. The counterparts in which they shall depose their words of honor not to serve until exchanged, shall be given in of course previously.
X. The soldiers who are married in Magdeburgh, or within the extent of its military inspection, shall remain with their families, upon the condition of not serving till exchanged, and that of not wearing any military uniform.
XI. The sick and wounded officers and soldiers shall remain in Magdeburgh until their recovery. They shall be maintained at the expense of the city. A sufficient number of Prussian surgeons shall remain in the place to take proper care of them. The Surgeons shall be treated during their stay in the city, upon the same footing as the French surgeons.
XII. The persons and property of the inhabitants, the service of God, and institutions of the church, shall be taken under the protection of the laws, and of the system of French justice. In case persons in the city should have to retire from it with their property, or after previously selling it, they shall receive the necessary passports and protection to do so.
XIII. There shall be nothing changed in the present administration and constitution of the country. The authorities whom this concerns shall continue the exercise of their functions, and receive to that effect the protection of the French army.
XIV. On both sides Commissaries shall be named to take the inventories and superintend the delivery of the deposits of plans, maps, papers, records, artillery, ammunition, and military provisions and stores, and of every thing appertaining to Government, be it where it may, and of whatever the kind in this city.
XV. The staff and field officers, also the cadets, gentlemen ensign cadets, sword girt standard bearers, sergeant majors of cavalry and infantry, and quarter masters, who shall, after the present capitulation, desire to go into any of the Prussian provinces, occupied by the French troops at present, or which may by them be occupied shall be sent forward at the expense of the province, & receive their pay & subsistence from the Magistrates, according to the rate of the peace establishment. This pay and subsistence shall be paid them on the first of every month.
XVI. His Excellency the Governor of Magdeburgh, shall be free whenever it shall seem good to him to dispatch an officer to the Prince of his country, to communicate to him intelligence of the present capitulation, and this officer shall receive the necessary passport.
XVII. All the articles of this capitulation which may appear to have a doubtful meaning, shall be interpreted to the advantage of the garrison.
XVIII. And last. Three hostages on each side, of the rank that shall be determined upon, shall be exchanged a guarantee, for the due fulfilment of this capitulation. These hostages shall be chosen, to-morrow, the 9th of November be chosen and on both sides be reciprocally given up on the taking possession of the fortress.
Of like tenor in duplicate copies, drawn on the 8th day of the month of Nov. 1806.
DU TAILLIS, General, and chief of the
Staff of the Corps, VON RENOUARD,
Major General.
LIGER BELAIR, Colonel Commandant.
REGNARD,
A supplementary document, in eight articles, determines some secondary points. The musicians and servants of the army are not to be numbered among the prisoners of war. Colonel Du Troisel, the Prussian Commandant of Magdeburgh, retains his official dwelling, and is free from military quarters, &c. so long as the French and Allied Troops have possession of the city. The Prussian officers who in conformity to the capitulation, are entitled to reside in Magdeburgh shall receive their pay, &c. as upon the war establishment, and be free from quarters and other military obligations so long as the French and their Allies remain, &c.
TWENTIETH BULLETIN OF THE GRAND ARMY.
Charlottenburgh, Oct. 27.
As the military movements are no longer uncertain, they are become still more interesting, by the contrivances of marches and manoeuvres. The indefatigable grand duke of Berg was at Zollednack on the 26th, at three o'clock in the afternoon, with a brigade of light cavalry, under gen. Lafalle, while the division of dragoons, under generals Beaumont and Grouchy were marching to the same point.
The brigade under gen. Lafalle presented itself to the enemy, who opposed it with 6000 cavalry. This was the whole of the cavalry of the Prussian army that had escaped from Magdeburgh, forming the advanced guard of Prince Hohenlohe's corps, directing their march towards Stettin.
At four in the afternoon, when both divisions of the cavalry had arrived, gen. Lafalle attacked the enemy with his usual intrepidity, which has always formed the character of the French.

buffers and yagers, in the present war. The enemy's line, though formed three deep, was broken; they were pursued into the village of Zedhenick, and thrown into confusion in the defiles. The Queen's regiment of dragoons endeavoured to recover themselves, but the dragoons of Grouchy's division soon shewed themselves, fell upon the enemy and made dreadful havoc among them. A part of these 6000 cavalry were driven into the morasses; 500 remained upon the field; 700 with horses, were made prisoners; the colonel and a great number of officers of the Queen's regiment are taken. Marshal Lanne's corps is in full march to support our cavalry. The cuirassiers are marching in columns to the right wing, and other corps are advancing towards the Geraufte. We shall be at Stettin before the army that are marching there; which, being out-flanked, is as good as cut off already. Undisciplined as they are, there is to hope, that not a man of them will escape; and that the whole of that part of the Prussian army, which lost two days without any advantage, at Magdeburg, in order to collect themselves will not be able to reach the Oder.
The above mentioned affair at Zedhenick, as a martial achievement, is remarkable; neither party had any infantry—but that the Prussian cavalry is much inferior to ours, is proved by the events of this campaign. They have never been able to make a stand against half their number of French.
PARIS, November 19.
THIRTIETH BULLETIN OF THE GRAND ARMY.
"BERLIN, Nov. 10.
The fortified town of Magdeburg surrendered on the 8th. On the 9th, the gates were occupied by the French troops: the capitulation is herewith annexed.
Sixteen thousand men, nearly 800 pieces of cannon, and magazines of every kind are in our hands. Prince Jerome has laid Glogau, the capital of Upper Silesia, under blockade, by brigadier-general Lelievre, at the head of 2000 Bavarian horse.
The town was bombarded on the 8th, by ten howitzers, fired by the light artillery men. The princes passed an eulogium on the conduct of the Bavarian cavalry. General Deroi invested Glogau with his division on the 9th. A parley has been opened for its surrender.
Marshal Davoust entered Posen with a corps of the army on the 10th. He is highly satisfied with the spirit that animates the soldiers. The persons who hold stations under the Prussian government would have been massacred, had not the French army taken them under its protection.
The vans of four Russian columns, each 15,000 men strong, had begun to enter the Prussian states by Georgenburg, Oitau, Grodno and Jalowka. On the 25th of Oct. these advanced guards of columns had made two days marches, when they received news of the battle of the 14th and of the consequent events. They retrograded immediately. So many successes and events of such high importance, should not slacken the military preparations in France. They should on the contrary, be followed up with fresh energy not to satisfy the insatiable ambition, but to fix bounds to the ambition of our enemies.
The French will not quit either Poland or Berlin—until the Porte shall have been in the full extent of its independence, nor until Wallachia, and Moldavia shall have been declared to belong in complete sovereignty to the Porte.
The French army will not quit Berlin until the possessions and colonies, both Spanish and Dutch, and French, shall have been given up, and a general peace made.
Position of the French Armies, by the last arrivals.
Left wing (mediating a blow at Russia) extended towards Thorn; this place the Poles were plundered of by Prussia, in 1798, it is 105 miles N. W. from Warsaw, the capital of Poland.
Centre —At Posen, or Pozania, a considerable town in Great Poland, also stolen from the Poles by Prussia. Posen has a strong castle, and is a Bishop's See, 127 miles W. from Warsaw.
Right wing , was established on the borders of Silesia, watching, no doubt, the movements of the Austrians; as there is an Austrian army of 60,000 men in Bohemia which the French have ordered to fall back, declaring, that "if these troops are not withdrawn from Bohemia, it shall be deemed a declaration of war" on the part of Austria!
Instruction to the commanders of his majesty's ships of war and privateers, and to the judges of the courts of admiralty. Given at the court of St. James's the 14th of Nov. 1806, in the 47th year of his majesty's reign:
"Whereas we have received satisfactory assurances that our ally the emperor of Russia has permitted, and now permits his subjects to trade in innocent articles with France and her allies. Our will and pleasure is, and we do hereby order and enjoin the commanders of our ships of war and privateers, that they do not seize and detain the goods of the subjects of our ally the emperor of Russia, being innocent articles, on account of their trading. And we do further direct the judges of our high court of admiralty, and of our courts of vice admiralty, forthwith to release goods, being innocent articles, the property of Russian subjects, which have been, or shall be detained, on account of being engaged in a trade with France or her allies.
By his majesty's command. (Signed) "SPENCER."
LONDON, December 2.
The following is said to be the outline of the new political arrangements, which Bonaparte has declared he is determined to enforce on the continent:—The electorate of Brandenburg, with some contiguous territory, to be erected into a kingdom, under the dominion of Jerome Bonaparte. Prussia Proper to be retained by his Prussian majesty, with the title of King. His capital to be Konigsberg. The Polish territory to be wrested from Austria, Russia and Prussia, and reconstituted into one state, of the same extent as before the partition. Poland to be proclaimed king of the Poles. Holland to receive a very considerable accession of territory, particularly in Westphalia. The Duchies of Cleves and Berg, at present possessed by Prussia, to be given to one of the French marshals.
By the information of a gentleman (whose family was at Libeck) it appears, that in that city and its vicinity the French left 5000 men. The carnage was so dreadful that for some time they would not advance, until marshal Bernadotte exclaimed, "Avancez! Avancez! mes enfans, je vous permettrai le pillage." The following was among the more successful expedients to avoid plunder at Lubec. All the most valuable articles were taken into the garrets, while the rubbish and the inferior furniture were thrown before the doors into the streets in the utmost disorder, when the plunderers came, they concluded the house had already been gutted by their companions, and then rushed to a scene of more promise, bearing a way, perhaps, some items which could not escape their notice.
SUMMARY.
By the Foreign Intelligence given in this days paper, it appears that on the 11th of November, the fortress of Magdeburg was taken possession of by the French, the garrison consisting of 20 generals, 800 officers and 23,000 soldiers, having surrendered by capitulation on the 9th.
On the 19th of the same month, the advanced guard of Mortier's division entered Hamburg, where the property of the British merchants was seized and their persons arrested—they were afterwards liberated on parole.
The fortress of Hameln, in Hanover, surrendered on the 11th of November to the Gallo Dutch army, commanded by the king of Holland.
The Prussian army under Prince Hohenlohe, after an ineffectual attempt to reach Stettin, surrendered prisoners of war on the 28th of October.
After a bloody resistance by the corps under general Blucher, and a cruel pillage of the city of Lubec by the French troops, the remaining Prussians in that quarter, to the number of 9,900 surrendered by capitulation to the duke of Berg, on the 6th of Nov.
The whole of the Prussian territories to the Oder, was in the possession of the French and there was no longer any army on the south side of the Vistula.
The French troops were extending themselves on the west to the mouth of the Elbe, and were at the same time stretching their forces eastward into the Polish territories.
The emperor Napoleon remained at Berlin on the 18th November, but Davoust's division, with the Polish general Dombrowski, had advanced to Posen and over the Warta—and there was seen the first effect of the emperor Napoleon's proclamation to restore the kingdom of Poland—Dombrowski was received with acclamations by the populace, and the horses taken from his carriage. In other parts the proclamation had produced a considerable effect.
The Austrian government appeared to be agitated and alarmed at these demonstrations on the part of France, and certainly with reason, as it is stated in some of the German papers that Napoleon has ordered his minister at Vienna to present two notes to the court—the first—demanding the evacuation of Bohemia by the Austrian army,—and the second—declaring that he should consider the departure of the Archduke Charles, for the Army, as a Declaration of War.
The king of Prussia was at Graudentz on the 7th of November, and was expected to be at Konigsberg on the 14th.
A report was circulated at Berlin on the 18th Nov. of a preliminary armistice having been concluded, which was expected to terminate in a peace.
Brandenburg, with additional territory, would, it was said, be erected into a kingdom for Prince Jerome—and Poland into another for Prince Murat.
The king of Prussia would be left in possession of Prussia Proper and permitted to retain the title of king.
An order was expected to be issued by the British privy council to prevent the transfer of foreign property in the funds.
Sir Samuel Hood and Mr. Sheridan are elected to represent the city of Westminster in parliament.
They who pity the misery of Prussia, do not forget Poland. The English think that Prussia might have done better at the first call than they have at the last, but the poor Prussians lament that they had not heard of the last words of the French Emperor sooner, and had not persevered in the plan of their prudence and wisdom. It is agreed to attribute to British influence the last movements of Prussia, and consequently we may know what effects will be produced upon the spirits of the northern nations.
Salem Reg.
Domestic.
WASHINGTON, Jan. 30. A more detailed statement of the proceedings in the CIRCUIT COURT of the District of Columbia.
Mr. JONES, the U. States attorney, prefaced his motion on Friday with an address to the following effect.
He requested leave to interrupt the ordinary business of the court by introducing a motion relative to a subject calculated, from its importance, to fix the most earnest attention, and to excite the profoundest interest.
Two persons have been arrested in a distant territory of the U. S. and brought within the jurisdiction of this court, charged with being principal actors in the execution of an abominable plot against the Union, and in a treasonable and atrocious enterprise of hostility against the territory and citizens of these states. The city of New-Orleans appears to have been the most important point of attack meditated in the first instance by the conspirators. General Wilkinson, the commander in chief, hastens with his army to defend the place. While exerting all the zeal and activity of a vigilant and able commander, of a brave and faithful soldier, to make every requisite military preparation against assaults from without, he detects certain emissaries within the very walls of his fortress, engaged in the most criminal and mischievous acts of co-operation with the expected assailants;—he orders Erick Bollman and Samuel Swartwout, two of those emissaries who were supposed to have demonstrated their treasonable purpose by the most unequivocal acts, to be seized and sent to the seat of government under a military guard. Immediately on their arrival it is determined by the executive government to transfer the custody of the prisoners from the military to the civil power.
There is no reason to doubt the authority of a military commander, actually engaged in the suppression of a treasonable enterprise against the U. S. to seize upon traitors whom he detects, flagrante delicto , and to detain them securely till they can be subjected to judicial process and examination, but that authority arising from necessity and the exigencies of the public safety, must cease when an opportunity offers for the quiet and convenient, and at the same time efficient administration of justice in the ordinary way. It is, therefore, that, without hesitation or delay, instructions are given instantly to move this court for a judicial warrant to arrest those persons and place them in the custody of the law. In support of this motion two depositions, solemnly sworn to by Gen. Wilkinson, would be read to the court. Those documents will explain the grounds upon which he proceeded to arrest and detain the prisoners. Mr. Jones observed that owing to the sudden and unexpected manner in which this talk had devolved upon him, he had not even perused these documents and could therefore apprise the court of their contents in no other way than by reading them in evidence.
[Two depositions of Gen. W. were then read to the court, both of which have been published in the Enquirer accompanied by the President's messages of the 22d and 24th of Jan.]
The court, after examining the depositions, enquired of Mr. Jones with what specific offence he proposed the prisoners should be charged in the warrant?
He answered, "I accuse them of the crime of treason against the U. S. and moved that they be arrested upon that charge."
The court suggested that the depositions, read in evidence, might apply either to a charge of treason, of misprision of treason, or to a charge of violating the act of Congress which prohibits the setting on foot military expeditions against foreign nations. If treason be made
the specific charge, is there any evidence of an actual levying of war against the U. S. within the meaning of the constitution?
Mr. Jones said, it was with the utmost difficulty he could presume to answer the suggestions of the court upon a topic so important, so difficult, and so little explored as the doctrine of treason under the constitution. It was obvious to the court how entirely unpremeditated his remarks must be. He could pretend to no accuracy or depth of research, as he had never been placed in circumstances to render the study of that branch of criminal jurisprudence, an object of any particular attention. Thus suddenly, and unexpectedly called upon, he could hazard only such desultory remarks upon the constitutional definition of treason, as might tend to set up a construction of that instrument consonant to the plain understanding and common sense of mankind, and applicable to the purposes of practical utility. He could derive little aid from the learning extant on the subject, but must rely upon some unexamined impressions and recollections from general reading.
The fact to be ascertained in the first place, is the treasonable intent. The evidence is conclusive to that point, for although the conquest of the Spanish province of Mexico is avowed as the ultimate object of the enterprise, yet the seizure and plunder of New-Orleans, as an intermediate step for supplying the means of accomplishing that object, is as explicitly avowed. The only active participation of the treason, in which the two emissaries Bollman and Swartwout appear to have been clearly detected at New-Orleans, is an infamous and abortive attempt upon the honor and fidelity of the commander in chief. This, however criminal, may be said to be, in itself, no overt act of treason,—no levying of war against the U. S.—Agreed;—it is not necessary to contend otherwise in order to shew that the prisoners should be arrested and committed as traitors.—It is clear from the evidence that they are league and confederated, in his atrocious projects, with Aaron Burr, the notorious head and leader of the conspirators. They are active and acknowledged agents and participators in the plot. Then suppose they are detached, from the main body, to execute, at New-Orleans, a quiet and noiseless scheme of treachery and corruption;—suppose them to be personally engaged in no attempt of open violence;—yet, while they are thus employed, their confederates assembled in arms, some hundred miles higher up the Mississippi at Natchez, or on the banks of the Ohio near Marietta, commit a clear act of treason by levying war against the U. S. in the strictest sense of the phrase. Could it be doubted that the spies and emissaries employed at a distance from the scene of action, however secret and bloodless the immediate object of their mission, if it be a part-executive of the same treasonable plot, would be involved in the guilt of their confederates?—The question is not in what degree the mere insolated act of attempting to seduce a high military commander from the allegiance of honor and the fidelity of patriotism, is criminal or punishable;—but what lengths have their known confederates proceeded in the co-execution, by more overt acts, of the same treasonable conspiracy?
The constitutional definition of treason should not be construed to restrict that offence to cases only of actual violence or assault.—The terms, "levying war," have been long used in a more extensive sense both in common parlance and in the language of jurists.—The words of the English statute of Ed. 2. are literally adopted in our constitution. The ablest and most impartial commentators upon that statute, the most approved jurists who have written upon the law of nations, in explaining what acts of the subject against the foreigner, or what acts of one sovereign against another, constituted an actual levying of war , have never considered the shock of battle, the encounter of armies, or the interchange of blows to be indispensable or essential.—War may be levied , in the received sense of the term, and not a blow be struck,—not a town invested,—nor an inch of territory invaded or usurped.—What shall constitute a levying of war depends upon too many and such various facts and circumstances, that it would be vain to attempt an enumeration of every supposable case. It seems never to have been questioned, however, that such unequivocal acts as the enlisting soldiers, appointing officers, preparing military equipments, warlike stores and provisions, or the assembling in considerable numbers in warlike array, armed with military weapons, for a hostile purpose, constituted a levying of war , in fact. It is sufficient if they present what is termed the speciem belli ; if they shew themselves in the posture of war; if an intelligible and rational distinction (though expressed in rather barbarous language) is made between the Bellum levatum , and the Bellum percussum . It is the Bellum levatum that is intended by our constitution to be fixed as the least demonstration of that species of treason. When the bare fact of levying war is ascertained, it is then to be enquired quo animo ? With what intent and against whom? In England, if the intent be to levy war against the king it is high treason under the statute of Ed. 3.—In this country if the intent be to levy war against the U. S. it is treason against them under the constitution. Under either of those laws, a levying or actual waging of war between any number of individuals, if with no intention to levy war or carry on any other treasonable design against the state, amounts not to treason, but will be misdemeanor or felony, according to what lengths they proceed, from a riot and breach of the peace to murder. There is no real difference in the meaning of the same phrase as respectively used in the English statute and in the American constitution.—If any false glosses have been put upon it in the one case, let them at once be rejected, and a sound, a rational and a legitimate construction be adopted.—There is no pretence for supposing that the criterion referred to, as to what acts have been determined to constitute a levying of war within the meaning of the English statute, is the result of any of those criminal compliances by which their courts have been reproached with sacrificing victims to royal vengeance by means of arbitrary, forced and unnatural constructions. On the contrary, it is sanctioned by the most unexceptionable precedents, and by the authority of their ablest jurists.
So if one state arms in an extraordinary manner, and draws together her forces so as to assume the posture of war;—the instant it is manifested that the armament is designed against another state, it is denominated a levying of war by one against the other, before a single act of violence or open hostility is committed; and the state, so menaced, may anticipate the blow and lawfully attack the other. Yet the one that first levied war , though sustaining the first open attack, would be deemed the aggressor.
To this doctrine it is conceded that a legislative construction almost coeval with the constitution and acquiesced in by the nation, has added a most respectable corroboration. In the year 1794, Congress passed an act punishing, with fine and imprisonment, persons guilty of the offence—1st, of sitting out and arming any vessel with intent to cruise and commit hostilities against any foreign nation in amity with the U. S. 2ndly, Of setting on foot and preparing
the means for a military expedition against a foreign state in amity with the U. S. Yet these acts, perpetrated by their own citizens against the U. S. are no where expressly forbidden, no where enumerated among the crimes prohibited or rendered penal by act of Congress. At the very first session, held under the present constitution, a law was passed for punishing treason, piracy and various other crimes; but no mention is made of any such offences, as setting on foot armed ships, and setting on foot military expeditions with intent to commit hostilities against the U. S. It follows either that those acts may be committed with unquestioned impunity, or that they amount to levying of war , and so constitute the crime of treason. That the same indications of hostility should be made highly penal, when directed against a foreign nation, but be deemed innocent or remediless when directed by their own citizens against the U. S. would be an absurdity too monstrous to be supposed of our penal code. The more rational conclusion is that they are comprehended, ex vi termini , in the crime of 'levying war against the U. S.'
As to the question of fact whether any treason, consisting of a levying of war against the U. S. has been committed by the prisoners or their confederates; it is presumed sufficient evidence appears to warrant an arrest and commitment. An existing state of belligerency, whether of a war de facto , or proclaimed by manifesto; a war of rebellion, or between two sovereign states; a war merely levied , or flagrant war accompanied by open violence and actual hostility; under any of these modifications it is generally so far a matter of public notoriety that all the functionaries of the state engaged must take notice of it ex officio . The common report and public notoriety of a matter, in which the state in its sovereign capacity and every individual citizen are so intimately concerned, furnish a prima facie presumption sufficient to warrant the incipient process preliminary to a prosecution. It was in fact a matter of public notoriety that the conspirators, of whom the prisoners are the active confederates, have enlisted soldiers, issued commissions, set on foot a military expedition, and in fact have assumed the posture of war; or in other words, have 'levied war.' In confirmation of this, the chief magistrate, who is constitutionally authorized to give official information to congress of the state of the nation, has in a formal message to both Houses of Congress, announced the existence of such a state of things. That communication alone furnished to the courts and officers of the U. S. prima facie evidence (of an actual levying of war ) for all purposes except of conviction and condemnation.
[Mr. Jones mentioned that his occupations had not yet allowed him to peruse the President's message; it being published only that morning. He could only state its general import from hearsay. The message was at length produced and read by him to the court.]
The chief judge, doubted in the first place, whether the President's message did in fact announce a levying of war ; and if it did, whether the court could proceed in any manner upon such information, without infringing the 6th article of the amendments to the constitution, which declares that 'no warrants shall issue, but upon probable cause, supported by oath or affirmation.' &c.
Mr. Jones. The President's message does surely import that there has been an actual levying of war . He announces the setting on foot of a military expedition; the preparation of warlike stores and equipments; the actual assembling of from 100 to 300 of the desperadoes engaged in the conspiracy, and their descent down the river towards the place of their destination. Above all, he announces that he has called forth the militia to suppress this enterprise, and ordered them to every interesting point on the Ohio and Mississippi from Pittsburgh to New-Orleans, for the purpose of seizing the boats and stores and arresting the persons of the conspirators. For the same object the states of Kentucky and Ohio have embodied and sent out large detachments of their militia. There can scarcely be a case, short of flagrant war and actual battle, that combines stronger or more numerous circumstances, essentially constituting a state of belligerency. The very fact of the President's calling forth the militia for any purpose of domestic coercion, strongly implies that there is at least a levying of war against the U. S. He is authorised by law to do so in two cases only. The first is that of an actual insurrection against any state. The second of actual opposition to the laws by combinations too powerful to be suppressed by the ordinary course of judicial proceedings. The last case may perhaps extend to instances of opposition to the laws, by combinations not treasonable in their nature, nor proceeding to the length of levying war against the U. S. It may comprehend the case of unlawful assemblies of men, who violently resist and overbear the due course of legal justice, but who from the nature of their designs and ultimate objects, are no further criminal than as rioters and disturbers of the peace. As to the degree of the crime committed by Burr and his associates, it is either treason or nothing. The treasonable intent is sufficiently demonstrated; if they have proceeded to the execution of that intent, they unquestionably have incurred the penalty of treason. There can be no pretence that they are merely a combination of rioters, assembled to obstruct the due execution of the laws. The act of Congress authorising the President to call forth the militia, furnishes one important principle applicable to this case. He can only exercise that power in case of actual insurrection, of actual opposition. No plot or conspiracy how nefarious, how menacing and dangerous soever, can authorise the measure, unless some overt act is done in execution of the design. So long as it remains a mere unexecuted purpose; if it even menaced the enormous evil of destroying the union of these states, or the still more inexcusable crime of overthrowing our republican institutions and erecting in their stead a monarchic form of government, or a military despotism; till some overt act in execution of the treasonable design is committed, till the insurrection is actually commenced, the public safety must be confided to the civil restraints and preventive remedies within the province of the courts, where the commission of treason, or in other words the "levying of war" commences, there commences the right of the executive magistrate to use military means for the suppression. The existence of the crime of the traitor is correlative with the right of the magistrate. The more strictly the act of "levying war" is confined to cases of actual violence, of flagrant war ; in the same degree is the power of the President to call forth the militia limited—until in the extremes of this distress he might behold armies quietly organized and put into complete military array; he may behold the uplifted arm of treason ready to beat down every thing sacred in the constitution; yet must he await all the chances of a fatal blow—he cannot anticipate it by drawing the public sword in defence of the common safety.
The remaining objection relates to the degree of credit this court can give to the common report of a rebellion, authenticated by the public and official communications of the President to Congress. Be it remembered that this is not
relied on as being evidence upon the definitive trial of the prisoners when their life or death is at issue; but merely as a matter of public notoriety, of which all courts and magistrates may take notice and noticia and prima facie presume the existence of such a state of things, for the preliminary purpose of issuing warrants or other process initiative to prosecution by indictment. The constitution expressly prescribes it to the President as a duty, that "he shall, from time to time, give to the Congress information of the state of the union." To give information of an existing state of rebellion, or of "levying war," is clearly within the terms of that duty. Common report, thus authenticated, must surely satisfy the terms "probable cause" used in the 6th article of the amendments—if the requisition of that "probable cause," being "supported by oath or affirmation," is strictly insisted on; it should be remembered that all the functions of the President are performed under the sanction of a solemn oath. The "probable cause" is further supported by the oath of general Wilkinson, who swears that one of the prisoners, an acknowledged confederate in this conspiracy, informed him on the 30th November that Burr would be at Natchez on the 30th December with 2000 men, to be followed by 4000 more, and that he could have raised 12,000 as easily as 6,000, but did not think so great a number necessary. It may be very reasonably and naturally inferred from this information, when the dates are compared, that at least 2000 men must have been already enlisted on the 30th of November.
Mr. Jones then offered the following motion:—The United States attorney for this district appeared in court, and informed the court that Erick Bollman and Samuel Swartwout had been seized in one of the territories of the U. S. by orders of the commander of the army of the U. S. as persons engaged in treasonable levying war against the United States, that the persons so seized were, during the last night, brought into this county under a military guard, and were yet detained under guard until they could be proceeded against in due course of law;—that the Secretary of War had immediately issued written orders to the officers of the guard, to deliver those persons, on demand, to the marshal of this district;—and the marshal now waited for legal authority to take charge of them. Wherefore the United States attorney moved the court to issue a warrant to arrest the said Erick Bollman and Samuel Swartwout, on a charge of treason, in order that they may be brought before the court and examined and committed, or otherwise dealt with according to law. And in support of his motion the U. S. States attorney read to the court the depositions of James Wilkinson, brigadier general and commander in chief of the armies of U. S. which depositions are filed in this court.
All which being read and heard, the court took time till to-morrow to consider of the said motion.
No business of national importance has been transacted in the House of Representatives for the last two days.
Agreeably to order of court, Messrs. Bollman and Swartwout were again brought up, on Wednesday morning. In consequence of the indisposition of Judge Fitzhugh, the court waived hearing counsel on the motion to commit, until the next day.
Yesterday counsel were heard on this motion.
Mr. Key opened on behalf of Messrs. Bollman and Swartwout.
Mr. Jones replied.
He was followed by Mr. Lee, on the part of the accused, who closed his argument about 10 o'clock in the evening, when the court adjourned.
The Attorney General (Mr. Rodney) will close the argument this day.
We understand that the Senate have postponed the further consideration of the bill authorizing the erection of a bridge across the river Potomac until the next session of Congress—Ayes 17—Noes 16.
CHARLESTON, January 21.
We are informed, that Capt. M. KALTZEEN, Commandant of Fort Johnson, is to appear this morning, before his Honor Judge Bzz, to answer for a contempt of Court, in not delivering up Dr. BOLLMAN, conformable to a writ of Habeas Corpus which had been served upon him.—It will be remembered, that the Dr. was sent as a state prisoner from New-Orleans, by General WILKINSON, under the guard of Lieut. WILSON, who has since failed with him, in the Revenue Cutter, to the City of Washington.
Courier.
PHILADELPHIA, Jan. 26.
Extract of a letter, dated Havana, December 25.
"The French ship the Foudroyant, one of Jerome's squadron, is almost ready for sea. The admiral [Williaumez] has pledged his word of honor that he will not wait a moment after he is ready. The commander of the English squadron off this port, has, I am told, wrote him several letters inviting him out with the Spanish ship the St. Lorenzo; but, they have declined the invitation."
FROM THE PHILADELPHIA GAZETTE.
Mr. RELY—In your Gazette of yesterday, I observe a note (which I presume is from the pen of the Marquis Yrujo) stating, among other things, that so far from the Marquis being the dupe of Burr, he (the Marquis) was informed of his hostile designs against Mexico so early as the beginning of Dec. 1805. This is a most unfortunate declaration for the Marquis. Had I never before indulged an idea that the Marquis might possibly be concerned with Burr, this single sentence would have roused in my mind a host of well grounded suspicions. Until this gentleman, therefore, satisfactorily answers the subjoined questions, the public will have a right to view him not only as a monstrous prevaricator, but as guilty of conspiring against the peace of our country.
Did you not, after knowing of Col. Burr's "hostile designs against Mexico, to early as Dec. 1805," accept numerous visits from him at your own house in 1806?
Did you not, in your turn, visit him in the same year, at his lodgings both at Gardett's and Richardet's?
Can it be possible, then, or at all consistent with the innocence which you profess, or the station which you hold from your country, that you would receive into your house, on the most familiar and friendly footing, a man whom you knew to be, at that moment, conspiring against the dominions of the king,ions of the king, your master?
Believe me, Mr. Marquis, until these dark and contradictory circumstances are fairly explained, your conduct will be liable to very heavy imputations. If you are guilty (of what I will not at present name) no arts, no flattery, to which you may resort, can save you from the overwhelming odium of a public disclosure.

Miscellaneous.
Translated from a Paris paper.
SCHWITZ, Sept 23.
Our government have not yet decided upon the projects which have been submitted for opening a canal...
The canton of Schwitz and the district of the same name, is situated between lake Saweritz and the village of Arth...
The horrible practice of assassination is as prevalent as ever in the Italian States. A sanguinary Russian in Naples had lately committed so many murders...
A patent has been lately taken out in Paris by the Sieur Delpach, for an improvement in weaving...
In the Palace at Potzdam, the French found the Sword of the Great Frederick, together with the Scarf which he wore during the seven years war...
Hall of the American Philosophical Society, January 2, 1807. The following persons were duly elected officers of the society...
The celebrated Sir Francis Burdett, at an election in Westminster lately, said that England had more to fear from 100 mercenaries in Parliament, than from 500,000 men, headed by Bonaparte.
[FROM AN ENGLISH PUBLICATION.]
NEW PATENT.
Mr. Benjamin Bolty's, Queen-Street, Cheapside, for a new method of refining sugars.
He has, after many experiments, found that milk may be very successfully used, according to his specification...
FROM THE EMERALD.
During a residence of several months in the interior of Switzerland, I was charmed on the one hand with the grandeur of the country...
her brother in the war of 1791. It is a mournful Swiss air, and contains a simplicity, a conciseness, a certain je ne sais quoi, of which our own language is hardly susceptible.
O Edart! et nis regne ol Vacs culreleu d'cus ol Iudet, redue Rutar: et o Il otio ilio, terpi Zion o! Cus ni cam repare! Etel tel ba'Gual, y lera' it, Et Sufia redditi!
The lines have been imitated by M. Suard, in those incomparable verses, which begin "An mon frere, mon frere d'enfance" - and may be thus freely rendered into English:
"Oh Edward! my brother, companion of the playful hours of infancy, and hope of my future life, how early was thy end, how early has the iron hearted tyrant snatched thee from peace and happiness!"
"But I will no longer weep: he has died for his brow, and the silver gates of Paradise opening to embrace him!"
"And thou, France, curse of my native land, shall soon bend beneath the Iway of despotism, and Switzerland be avenged!"
My admiration for the poetry, as well as the amiable character of the Swiss peasantry, induced me to collect, as far as I was able, many of their fugitive pieces; and I am convinced that they could be introduced to the acquaintance of the literary world, without rival the poems of Ossian, or the songs of Robert Burns.
ANOTHER ABABELLINO.
The horrible practice of assassination is as prevalent as ever in the Italian States. A sanguinary Russian in Naples had lately committed so many murders...
A patent has been lately taken out in Paris by the Sieur Delpach, for an improvement in weaving...
In the Palace at Potzdam, the French found the Sword of the Great Frederick, together with the Scarf which he wore during the seven years war...
Hall of the American Philosophical Society, January 2, 1807. The following persons were duly elected officers of the society...
The celebrated Sir Francis Burdett, at an election in Westminster lately, said that England had more to fear from 100 mercenaries in Parliament, than from 500,000 men, headed by Bonaparte.
It is calculated in the Troy Gazette, that 68,000 newspapers are printed in the state of New-York, weekly, which is 3,567,200 yearly, consuming 8,227 reams of paper annually.
Five hundred covered waggons were counted yesterday, in this city, laden with the provisions of our country.
FAR, FAR AT SEA!
A FAVORITE SONG. 'TWAS at night, when the bell had tol'd twelve, And poor Sufan was laid on her pillow; In her ear whisper'd some fitting elf, Your Love is now to'd on a billow!
All was dark, as she woke out of breath, Not an object her fears could discover; All was still as the silence of death, Save Fanny, which painted her Lover, Far, far at Sea! So she whisper'd a pray'r, clos'd her eyes, But the phantom still haunted her pillow; While in terror, she echo'd her cries, As struggling he sunk in a billow. Far, far at Sea!
A Philadelphia paper contains the following wag-gish announcement of a marriage -
Married - last Saturday night, By the Right Rev. Bishop White, Mr. William E. Wright, To Miss Mary Kite, All of this city.
Printing.
IN ALL ITS VARIETY, EXECUTED AT THE OFFICE OF THE ENQUIRER.
THE meeting of the Subscribers to the Tappahannock JOCKEY CLUB, in consequence of bad weather, was unavoidably postponed, until Tuesday the 17th February, when it is hoped they will generally attend to form the rules and regulations for the said Club.
ARTHUR S. BROCKENBROUGH, Tappahannock, Feb. 3.
FEMALE EDUCATION.
THE Subscriber intends to open SCHOOL, on the first day of March, 1807, in the house now occupied by the Rev'd. Mr. Cowling, near the Methodist Meeting-house, in the city of Richmond...
M. HODGSON.
January 31. oaw 3t.
TO RENT.
A CONVENIENT HOUSE for a small family. Also, a house in which there are two rooms well calculated for an office. For terms, apply to ALEXANDER QUARRIER.
January 31. tf.
ALL persons having claims against the estate of John Hoomes, dec'd. of the Bowling Green, are requested to make them known, that provision may be made for a final settlement. And those indebted must make immediate payment to JOHN HOOMES, and JOHN G. WOOLFOLK, Executors of John Hoomes, dec'd.
Jan. 28, 1806. tf.
BURR MILL STONES, OF ALL SIZES; and PLAISTER OF PARIS, of an excellent quality, FOR SALE, AS USUAL, BY WILLIAM DAVIDSON, near the Market. [epf.] Dec. 4.
FARMER'S HOTEL.
A. S. BROCKENBROUGH, having purchased the house of Dr. McConchie in this town, formerly the property of Messrs. Ritchies, is determined to convert them into a TAVERN for the accommodation of the public; he has provided himself with an excellent cook, and has made arrangements for a constant supply of the best Fish, Oysters, Wild Fowl, &c. in their respective seasons; no exertion on his part will be wanting to render the time agreeable to those gentlemen or ladies who may think proper to favor him with their company - he expects to meet with encouragement from the public adequate to his exertions. Tappahannock, January 5.
TAPPAHANNOCK JOCKEY CLUB. Tuesday the 20th January, is the day appointed for the meeting of the subscribers to the Tappahannock J. Club, to form the rules and regulations for the said club. From the present number of respectable subscribers, I have no hesitation in stating that this club will be equal to any in the state. Gentlemen that wish to become members before the meeting, will please forward their names, and those gentlemen that have subscription papers will be so good as to send on the names of those that have subscribed since they have had a paper. ARTHUR S. BROCKENBROUGH, Proprietor of the course. January 6.
A SSIZE OF BREAD for the city of Richmond, from the 6th inst. until further orders (Superfine Flour being 7 Dollars and 34 Cents per Barrel) viz. A single loaf made of Superfine Flour to weigh 23 ozs. for a 1-2 Ditto of Common Flour 24 4 1-2 Double the above at respective rates. EDW. CARRINGTON, Mayor. January 6. tf.
FOR SALE.
A VALUABLE Lot of GROUND in Buckingham county, containing sixty two acres lying on James River and adjoining the town of Dugdale. The Land is rich and has one of the most valuable Mill sites on it, of any in the upper country. Also a new and excellent manufacturing Mill in the county of Campbell about six miles below Lynchburg and in good condition for manufacturing flour, &c. This property is rendered more valuable inasmuch as it is situated in the heart of a very rich country, & to those who wish to turn their attention to the manufacturing flour, &c. it is an object worthy their consideration. For further particulars reference may be made to Col Wm. J. Lewis of Campbell, (who will show & negotiate for the above property,) or the subscriber JAS. C. ANTHONY. taw2w & oaw3w. January 3.
THE FARMER'S VIRGINIA ALMANACK, for the Year 1807, printed by Thomas Ritchie, is now for sale, by the gross, dozen or single, at the ENQUIRER Book-Store. Also - A General Affortment of Lawyer's and Sheriff's BLANKS, just printed. January 3.
THE Subscriber, has taken the Store lately occupied by Granberry and Hancock, where he offers for sale at reduced prices, 3 Bales blue Cloths 1 Bale assorted Flannels 1 Bale - A few bales of India piece Goods. JAMES SMITH. October 28.
FOR SALE.
THE HOUSE & LOT occupied by Messrs Robert Neilson & Co. opposite to Messrs. Gilliat & Kirby's. The situation of this property is equal to any in Richmond for business, and possesses every accommodation for a family. Enquire of THOS. NORVELL. Jan. 15. tf.
REMOVAL.
THE Subscribers have removed their COMPETING HOUSE, from the Main-Street to one of David Bullock's Brick Buildings, at the lower end of the Basin, between the Tenements occupied by C. and T. Saunders, and Norvell, Wyatt and Bullock - where they continue their purchases of wheat as usual - They also keep for sale a regular supply of Flour, Corn Meal, Hominy and Bran. THOMAS & AMOS LADD. 10 Mo. 3d, 1806. ep tf.
THE SUBSCRIBERS.
Having taken a House a few doors below the Bell-Tavern, offers For Sale, under the firm of WHITE & SHELTON, A GENERAL assortment of GROCERIES, which they will dispose of on very moderate terms, for Cash, Country produce, or approved paper. ISAAC WHITE, JOHN S. SHELTON. December 28. ep tf.
TO RENT.
FOR one or more years, and possession given the first of May next. A TWO STORY BRICK HOUSE, in the town of Lynchburg, at present occupied by Messrs. William and James Morgan. The said house is an excellent stand for a store and capable of accommodating a genteel family; for terms apply to the subscriber living in Amherst county, near New-Glasgow. Thomas M. Cook of Lynchburg, or Mr. Daniel Warwick of Richmond. LINDSEY COLEMAN. Jan. 30. (sm.)
MARSHAL'S SALES.
Will be sold, to the highest bidder, for ready money, under a decree of the court of the United States for the 5th circuit in the Virginia District, between Princess Bond, attorney for the creditors of Ezekiel Edwards, plaintiff; and David Ross, and others, defendants.
THREE valuable PLANTATIONS in the counties of Pittsylvania and Bedford, upon Staunton and Pigg rivers, sitated in the deed of trust in the proceedings mentioned, to contain three thousand acres, more or less, but supposed to be considerably more extensive, comprehending all the Lands that on the 5th day of June 1795 belonged or appertained to the three plantations known by the name of the Mountain, the Frying Pan plantation, and the Frying Pan plantation, a more particular description of which will be given on the day of sale. The sale will take place at the Eagle-Tavern in the city of Richmond, on Tuesday the 24th day of February next.
Also at the Oxford Iron Works in the county of Campbell, on Tuesday the third day of March next, will be sold under the said decree, upon the same terms, a number of very valuable SLAVES.
BEN. MOSBY, D. M. for JO. SCOTT, M. V. D. Jan. 8. epf.
WANTED immediately, ten ton of clean Merchants Hemp, for which a liberal price will be given in cash. PROSSER & MONCURE. Dec. 20. epf.
JOHN ALCOCK,
INFORMS the Citizens of Richmond, and the public in general, that he has moved to the City of Richmond, where he has opened a complete assortment of Merchandise, next door to Messrs. Prosser and Moncure's Vendue Store, and opposite the Eagle; consisting partly of the following articles: -
LONDON Spring, Pannel and hand-Saws, Cast-steel and German do. Casteel Files of every description, Till Locks, brads and iron, Wood Screws of every size, 3d. 4d. & 6d. wrought Sprigs, 10d. & 20d. wrought Nails, 2d. & 3d. fine drawn Clouts, Saddler's Tacks of every size, Brads Nails, Straining & Girt Webb, Plated Bridle Bits assorted, Do. stirrup Irons do. Brads mounted steel blade Squares, Brads and Iron chamber door Locks of every size, Stock Locks of all sizes, Looking and Ladies dressing Glasses, Plated Moulding, Silver mounted Whips of every size, Carpenters & Joiners Tools of every description. Also, an assortment of DRY GOODS. Superfine Cloths and Callimeres, Bennet's Velvet and Patent Cord, Manchester Stuff, Fashionable Silk Hose, Rose and Duffel Blankets, Coarse Linens, and a number of other articles too tedious to insert; all of which will be sold at prices too tedious to insert; all of which will be sold at prices too tedious to insert; all of which will be sold at prices too tedious to insert; all of which will be sold at prices too tedious to insert; all of which will be sold at prices too tedious to insert; all of which will be sold at prices too tedious to insert; all of which will be sold at prices too tedious to insert; all of which will be sold at prices too tedious to insert; all of which will be sold at prices too tedious to insert; all of which will be sold at prices too tedious to insert; all of which will be sold at prices too tedious to insert; all of which will be sold at prices too tedious to insert; all of which will be sold at prices too tedious to insert; all of which will be sold at prices too tedious to insert; 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and David Ross, and others, defendants.
December 13. tf.
JOHN ALCOCK,
IN