The enquirer (Richmond, Va.), 1807-06-23 00:00:00

The Enquirer.
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE POST-OFFICE.....AT FIVE DOLLARS PER ANNUM.....(PAYABLE IN ADVANCE.)
VOLUME 4.]
RICHMOND, WEDNESDAY MORNING, JUNE 23, 1807.
[NUMBER 13.]
VIRGINIA BANK STOCK.....104.
Richmond Prices Current.
Table with 3 columns: Item, D., C. Rows include: TOBACCO, WHEAT, NEW, FLOUR-SUPERFINE, FINE, CORN, PER BARREL, BACON PER LB., BAR IRON-PER TON, HEMP-PER TON, WHISKEY-PER GALLON.
VIRGINIA, to wit:
At a Chancery District Court, held in the City of Williamsburg, the 28th day of April, 1806.
Benjamin H. Hilliard vs. Defts.
Armstead Millard and Reuben Jones, Defts.
THE defendant Armstead Millard, not having entered his appearance and given security according to the acts 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 Plaintiff, by his 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 Plaintiff, & that a copy of this order be forthwith inserted in some newspaper of the City of Richmond, for two months successively, and posted at the front door of the former capital in this city.
A Copy.
ANTHONY ROBINSON, c. e. oaw2m.
May 26.
IN CHANCERY.
In King William County Court, March 25th, 1807.
John Smith vs. Comp'ts.
Ambrose Lipscomb, Edward Hill and Philip Lipscomb, Defts.
THIS day came the Complainant by his counsel, and the defendant, Ambrose Lipscomb, 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 commonwealth: On the motion of the complainant, it is ordered, that the said defendant, Ambrose Lipscomb, do appear here, on the fourth Monday in June next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted in some newspaper printed in the City of Richmond for two months successively, and another copy posted at the front door of the court-house of this county.
A Copy. Telle.
ROBERT POLLARD, c. e. oaw2m.
April 24.
IN CHANCERY.
In King William County Court, March 25th, 1807.
Michael and John P. Pleasants, Comp'ts.
Edward Hill, Philip Lipscomb and ? Defts.
THIS day came the Complainant by his counsel, and the defendant, Ambrose Lipscomb, 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 commonwealth: On the motion of the complainant, it is ordered that the said defendant, Ambrose Lipscomb, do appear here on the fourth Monday in June next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted in some newspaper printed in the city of Richmond, for two months successively, and another copy posted at the front door of the Court-house of this county.
A Copy. Telle.
ROBERT POLLARD, C. C. oaw2m.
April 24.
IN CHANCERY.
In King William County Court, March 25th, 1807.
Thomas Lipscomb, assignee of John Smith, Comp'ts.
Ambrose Lipscomb, Edward Hill and Philip Lipscomb, Defts.
THIS day came the complainant by his counsel, and the defendant, Ambrose Lipscomb, 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 commonwealth: On the motion of the complainant, it is ordered that the said defendant, Ambrose Lipscomb, do appear here on the fourth Monday in June next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted in some newspaper printed in the city of Richmond, for two months successively, and another copy posted at the front door of the Court-house of this county.
A Copy. Telle.
ROBERT POLLARD, C. C. oaw2m.
April 21.
IN CHANCERY.
In King William County Court, March 25, 1807.
Thomas and Henry Gurney, Comp'ts.
Ambrose Lipscomb, Edward Hill and ? Defts.
THIS day came the complainant by his counsel, and the defendant, Ambrose Lipscomb, 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 commonwealth: On the motion of the complainant, it is ordered that the said defendant, Ambrose Lipscomb, do appear here on the fourth Monday in June next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted in some newspaper printed in the city of Richmond, for two months successively, and another copy posted at the front door of the Court-house of this county.
A Copy. Telle.
ROBERT POLLARD, C. C. oaw2m.
April 24.
FOR SALE.
THE TRACT OF LAND, whereon the subscriber now resides, lying in the county of Amherst, about 4 miles from Warm Springs, on James River, containing about 2400 acres, 1400 of which are cleared and in cultivation; of these, 50 are excellent creek or gull-lands. 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 Warm Springs, 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 final part of the purchase money for each tract, will be required in cash or negroes, and for the balance, accommodating credit will be given. The lands will be shown and the price made known by CORNELIUS THOMAS. Amherst, May 26. Lawff.
FOR SALE.
By the Subscriber, WEST-INDIA and New-England Rum, French Brandy, Molasses, Loaf & Brown Sugar, Coffee and Chocolate, Best Imperial and Hyson 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 & 12 by 12 Window Glass, 2d, 3d, 4d, 6d, 8d, 10d & 20d Nails and Spike do. Iron of all descriptions, square, flat and round, Plowplates, German Steel, Fire dogs & Skillet, Powder and Shot, Liverpool fine Salt for pork, best Hales Salt for Pork, Sulpere & Brimstone, 600 pair Mens thick Shoes, mens fine Shoes, boys do. Ladies Kid and Morocco Slippers, Table, Linen and Irish Sheetings, Bare Skin, blue and mixed Plains, Patent Cord and Thicklets, Writing and Wrapping Paper, Pale Board, Cotton and Wool Cards, a few barrels Mackerel, Nova Scotia 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. Jan. 22. Lawff.
FOR SALE.
THE Subscriber offers for sale, a large assortment of Ladies Sartin, Kid and Morocco Slips and Ties, with and without heels, of London manufacture—A constant supply of Ladies and Gentlemen's New-England Shoes. D. J. BURR'S, Hat & Shoe Store 2nd door above the Eagle-Tavern. oaw8w.
LONDON SHOES.
May 8.
VIRGINIA:
At a Superior Court of Chancery, held at the Capitol, in the City of Richmond, the 25th day of May, 1807.
THOMAS BURLING, and MARTHA his Wife, Plffs. against JOHN HOPKINS, Deft.
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. Telle.
PETER TINSLEY, c. e. oaw2m.
June 3.
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 18th day of January 1809. ALBERT GALLATIN, Secretary of the Treasury. oaw180.
May 12.
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 stories 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 installments. Possession may be had by the 10th next month. If a sale is not made previous to that date, I shall be obliged to purchase wheat delivered at the Mill; will also continue to manufacture crops on the usual terms. ROBERT POLLARD. June 13. oaw3w.
June 13.
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 new in full operation, would be sold also, to a purchaser who 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 & E. CUNNINGHAM. Carterville, June 18. Lawff.
June 20.
TO RENT.
For three or five years:
THAT valuable TAN-YARD of the late Mr. Jacob Bockius, 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 Curying Shop, Cellar and drying loft, a spacious Bark-House, two Bark 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. Band 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 rent assigned for offering the foregoing property for rent, is the ill state of health of the Subscriber to pay that attention the business requires. MARCUS ELCAN. April 3. Lawff.
June 20.
FOR SALE.
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 paid, 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. oaw8w.
June 20.
TO RENT.
For three or five years:
THAT valuable TAN-YARD of the late Mr. Jacob Bockius, 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 Curying Shop, Cellar and drying loft, a spacious Bark-House, two Bark 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. Band 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 rent assigned for offering the foregoing property for rent, is the ill state of health of the Subscriber to pay that attention the business requires. MARCUS ELCAN. April 3. Lawff.
April 3.
FOR SALE.
THE Subscriber offers for sale, a large assortment of Ladies Sartin, Kid and Morocco Slips and Ties, with and without heels, of London manufacture—A constant supply of Ladies and Gentlemen's New-England Shoes. D. J. BURR'S, Hat & Shoe Store 2nd door above the Eagle-Tavern. oaw8w.
LONDON SHOES.
May 8.
VIRGINIA:
At a Superior Court of Chancery, held at the Capitol, in the City of Richmond, the 25th day of May, 1807.
THOMAS BURLING, and MARTHA his Wife, Plffs. against JOHN HOPKINS, Deft.
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. Telle.
PETER TINSLEY, c. e. oaw2m.
June 3.
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 18th day of January 1809. ALBERT GALLATIN, Secretary of the Treasury. oaw180.
May 12.
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 stories 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 installments. Possession may be had by the 10th next month. If a sale is not made previous to that date, I shall be obliged to purchase wheat delivered at the Mill; will also continue to manufacture crops on the usual terms. ROBERT POLLARD. June 13. oaw3w.
June 13.
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 new in full operation, would be sold also, to a purchaser who 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 & E. CUNNINGHAM. Carterville, June 18. Lawff.
June 20.
TO RENT.
For three or five years:
THAT valuable TAN-YARD of the late Mr. Jacob Bockius, 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 Curying Shop, Cellar and drying loft, a spacious Bark-House, two Bark 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. Band 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 rent assigned for offering the foregoing property for rent, is the ill state of health of the Subscriber to pay that attention the business requires. MARCUS ELCAN. April 3. Lawff.
April 3.
FOR SALE.
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 paid, 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. oaw8w.
June 20.
FOR SALE.
THE Subscriber offers for sale, a large assortment of Ladies Sartin, Kid and Morocco Slips and Ties, with and without heels, of London manufacture—A constant supply of Ladies and Gentlemen's New-England Shoes. D. J. BURR'S, Hat & Shoe Store 2nd door above the Eagle-Tavern. oaw8w.
LONDON SHOES.
May 8.
VIRGINIA:
At a Superior Court of Chancery, held at the Capitol, in the City of Richmond, the 25th day of May, 1807.
THOMAS BURLING, and MARTHA his Wife, Plffs. against JOHN HOPKINS, Deft.
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. Telle.
PETER TINSLEY, c. e. oaw2m.
June 3.
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 18th day of January 1809. ALBERT GALLATIN, Secretary of the Treasury. oaw180.
May 12.
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 stories 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 installments. Possession may be had by the 10th next month. If a sale is not made previous to that date, I shall be obliged to purchase wheat delivered at the Mill; will also continue to manufacture crops on the usual terms. ROBERT POLLARD. June 13. oaw3w.
June 13.
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 new in full operation, would be sold also, to a purchaser who 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 & E. CUNNINGHAM. Carterville, June 18. Lawff.
June 20.
TO RENT.
For three or five years:
THAT valuable TAN-YARD of the late Mr. Jacob Bockius, 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 Curying Shop, Cellar and drying loft, a spacious Bark-House, two Bark 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. Band 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 rent assigned for offering the foregoing property for rent, is the ill state of health of the Subscriber to pay that attention the business requires. MARCUS ELCAN. April 3. Lawff.
April 3.
FOR SALE.
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 paid, 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. oaw8w.
June 20.
FOR SALE.
THE Subscriber offers for sale, a large assortment of Ladies Sartin, Kid and Morocco Slips and Ties, with and without heels, of London manufacture—A constant supply of Ladies and Gentlemen's New-England Shoes. D. J. BURR'S, Hat & Shoe Store 2nd door above the Eagle-Tavern. oaw8w.
LONDON SHOES.
May 8.
VIRGINIA:
At a Superior Court of Chancery, held at the Capitol, in the City of Richmond, the 25th day of May, 1807.
THOMAS BURLING, and MARTHA his Wife, Plffs. against JOHN HOPKINS, Deft.
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. Telle.
PETER TINSLEY, c. e. oaw2m.
June 3.
TREASURY DEPARTMENT.
WASHINGTON, April 28, 1807.

cases between one individual and another, or between individuals and the U. States, that collateral points should occur, in which testimony ought to be heard. But if the prima facie evidence be produced, it will lead to an unnecessary confusion and waste of time. The regular practice, therefore, is, when any of those collateral points are raised, not to produce prima facie testimony, but the affidavits of the witnesses. These affidavits are not made in court, but before private magistrates. These being in writing, must necessarily be written by one of three descriptions of persons; by a judge or rather a magistrate, by the party himself, or by his counsel. In many cases they cannot be written by a magistrate, because he has no clerk, and it would be too burdensome, if every affidavit which was sworn to before him should be written by him; and besides many a man makes an able magistrate who is a very indifferent clerk. It is not contended, that the parties themselves ought to write them; because some of them are not able to write at all. They must of course be written by their counsel or by some agent; but it is not every man that has an agent at hand, and if his counsel performs the act, he is to be considered for the time as an agent for the party. Magistrates, therefore, not being compellable; the parties not being able; and the counsel being excluded by Mr. Hay's doctrine, these affidavits would seldom be produced. Hence a custom has prevailed among lawyers, to write their clients' affidavits; and the gentleman himself confesses that he has frequently done it. As to the authority quoted by Mr. H. it has no force. From this case it appears that the attorney for the prosecution had himself administered the oath. Now no rule is more sacred in law, than that a magistrate before whom the oath is taken, should be disinterested between both the parties. If the magistrate be arrested, as it was in the case quoted, it vitiates the affidavit. A magistrate of this city has been frequently known to draw and administer the oath even in his own case; the first is not improper; but the administration of the oath is obviously so. Mr. Burr observed, that it would be much more agreeable to him, if every person could be orally examined; but that he would deserve the rebuke of this court, if he in every case departed from the established usage; however, if the court would submit to the inconvenience, it would be perfectly agreeable to himself. As to the origin of this business, certain ungrounded insinuations had been made; that Mr. Knox had come to him and complained of the usage which he had received; that one of his counsel who was present during this interview, had joined him in the opinion that some motion ought to be taken of this proceeding; that he had thought the better way would be to invite Mr. Hay's attention to it; but that he recollected that Mr. Hay being an interested party, was, perhaps, disqualified from doing full justice to the case: It was Mr. Knox's own idea to come into court and make his complaint. Mr. Wirt observed, that Mr. Wickham was right as to the practice, but he seems to have forgotten that this practice is founded in expediency. When the expediency ceases, so does the rule. The question then is, is it more expedient to follow the usual practice, or to have the vis viva testimony produced. He trusted that every man wished to come at a correct knowledge of the facts. The court was called on for a rule against G. W. It ought to be satisfied of the propriety of granting this rule. One lawyer says, that the usual practice is by affidavit: another contends, that it is best to determine the expediency by vis viva testimony. The question then is, which will best give satisfaction to the court; an affidavit penned by the party, or the witness himself? How can the court best know, whether the rule is proper until they have had the witness fairly and fully examined? Has the counsel in drawing up these affidavits used the words of the witness himself; no doubt he has tried to do it as well as he can: no doubt he has attempted to wipe off every bias from his mind; but it is impossible that he could have perfectly succeeded; or that he could have precisely drawn such an affidavit, as would have flowed of itself from the mind of the witness. They could not have used precisely the same expressions; and this affidavit which should express the colour of the mind of the witness, is necessarily too much tinged with the colour of the mind of the counsel. Mr. Botts. You misunderstand Col. B. Sir; He acquiesces in your reasons; he feels the expediency of your proposition; and cheerfully consents to the exhibition of the vis viva testimony itself; though he regrets the inconvenience and departure from usage, which it will involve. Mr. Martin. If the witness himself is examined, the clerk will reduce the questions and answers to writing, to give it all the effect of an affidavit. Mr. Hay apologized for frequently misunderstanding Col. B. not withstanding his distinct voice and emphatic manner. Their respective situations prevented him from being distinctly heard. James Knox was then called, when Mr. McRae addressed the court: He said that as this business was of considerable importance to the respectable gentleman (G. W.) who was immediately interested, it was extremely desirable that he might be present during the examination of the other witnesses who might be exhibited on this occasion; that these witnesses had been communicated to the opposite counsel; but that they had objected to any delay, and hence he had made this application to the court: that G. W. was now before the Grand Jury, and would be in a short time before the court; that he knew G. W. wished to be here. He therefore requested that the court would suspend their examination for a short time, until he himself could be present: that perhaps some very important facts, which were unknown to the counsel for the prosecution, might be within the knowledge of G. W. who might materially direct their enquiries in this examination. Mr. Martin, said, that gentleman seemed not to know, in what stage of the enquiry they were now engaged. The question merely is whether a rule should be granted to show cause; in which neither G. W. nor his counsel were supposed to be present. Mr. McRae. The gentleman from Baltimore has said that we were not present; although the court has been polite enough to recognize our presence: and even the gentlemen themselves, by some time ago declaring their consent to any arrangement which would be most convenient for both sides have admitted the same fact. Mr. McRae hoped, that if the reasons for desiring G. W.'s attendance seemed equally strong to the court as they did to the counsel for the prosecution that they would consent to this short delay; "we mean, Sir, with the leave of the court to put some questions to the witnesses ourselves; and still more, we mean with the leave of the court, to introduce some of our own witnesses; and we feel confident, in satisfying this court, that no just foundation exists for the present motion."
Mr. Martin. I know, that these gentlemen are personally present; and indeed they take care enough to remind us of it, by so often making us bear their voices. But certainly they are not legally present; and they have no right to interfere in the present discussion. The other day they obtained the court three hours on the motion for a subpoena duces tecum , after the court had decided that they had no right to interfere. Let the court decide upon the present motion; and when the rule is made, then may G. Wilkinson come forward to show cause why an attachment should not issue. Mr. Wirt. If we are only here by our speaking, Sir, no one can doubt that Mr. Martin is present, and in fact that there is scarce any one here besides himself. I am willing however, if he pleases, to be legally absent; & in the observations which I am about to offer, to be considered only as an Amicus Curiae . These questions may be worthy the consideration of the court. "Shall I shut out any of the evidence in this case? Shall I have only one or two of the links presented before me, when I may have the whole chain itself unraveled? When other testimony is present, ought I not to give myself the full benefit of it?" And let me seriously ask this court; whether they do not conceive that Gen. W.'s interrogatories are calculated to aid their own enquiries? Is it not better that they should have a whole view of the ground, than a partial and mutilated statement? One word, Sir, as to G. W. himself. Though in common parlance, he is not present; yet what man is more interested than himself in the fate of the present motion? Gentlemen have been pleased to represent him as one of the main pivots of the prosecution: and this rule is materially to affect him both as a witness and as a man. We have been reminded of the necessity of keeping the stream of the prosecution clear and untroubled. Can gentlemen be serious in these admonitions when they now attempt to forestall the public judgment by the premature exhibition of testimony? I hope that the court will on its own account as well as of public justice, from a sense of expediency due to G. W. as well as to the prosecution, postpone this examination for a short time, until G. W. himself can be present. Mr. Martin drew an analogy between this motion and the functions of a Grand Jury. "Gentlemen, said he, have no more right to interfere in this stage of business, than we have to interfere before the Grand Jury. When the Jury have found a bill, the trial in chief comes before the court, and we may then introduce whatever evidence we please: It is the same fact here; when the court have granted the rule, gentlemen may bring up whatever evidence they please, on the main motion for an attachment. But they contend that this motion may tarnish the character of G. W. Sir, when the rule is granted, G. W. may appear before you, but not till then. He has no more right to come forward now in the vindication of his character, than we have to send up exculpatory matter to the G. J. where we may be as materially injured, as G. W. can possibly be here. It is only when the G. J. have found their bills, that we can enter upon our defence, It is only when the rule has been granted; that G. W. can attempt to wipe off the impressions, which may exist against him. Mr. Burr said, that he by no means intended eventually to exclude the gentlemen even on this motion; if the court thought proper to indulge them. He could not, however, but motion the danger of innovation, which the departing from established rules in the present instance would necessarily involve. Mr. Hay enquired where would be the justice of entering a rule against a man when he is on the spot, and when he could so easily show, how visionary the charge was, that was brought against him. In one hour, G. W. might be discharged by the Grand Jury and would appear in court. Mr. Wickham said it was very important for them to go on with the motion; however, if Mr. Hay would but name an hour in this day, when G. W. would be here, they would consent to this delay. Mr. Martin hoped that the court would express in its order, that this postponement was not in consequence of the right of the gentleman to demand it, but of the content of his honourable friend. Chief Justice. Why this distinction? Suppose the rule should be returnable on Monday, (and the present arrangement will be productive of the same effect) the witnesses on both sides would then be heard; and the reputation of G. W. would stand on the same foundation. Mr. Randolph. We shall move then directly for an attachment. Mr. McRae. We only wish the motion delayed until General Wilkinson can be permitted to attend the court. Mr. Hay hoped, that to save time, gentlemen would reduce their interrogatories to writing. Mr. Martin. That can easily be done: There will be no delay on that account. The examination was postponed till Monday; and the court then adjourned till that day, 11 o'clock.
MONDAY, June 22.
As soon as the court met, Mr. E. Randolph directed the Deputy marshal to call James Knox, and Chandler Lindsey. He would now with the permission of the court proceed to open the motion, which he had introduced on Saturday. Mr. McRae had understood that this motion, was to be postponed, till Gen. Wilkinson could appear. Chief Justice. As this is a motion for an attachment, Gen. Wilkinson should be heard in his defence. Mr. McRae. The moment he is discharged, we shall notify the opposite counsel of it. Mr. Botts observed, that it was a spirit of accommodation which had prompted them to a postponement of this motion on Saturday; that it was their anxiety to have Gen. Wilkinson here, which had produced this accommodation disposition, and that if they had not thus waived their usual right of pressing the motion, they might at this time have been in the very body of the investigation. Considering the hardships and inconvenience which this delay imposed upon Col. Burr, it was but fair to retract the consent which they had given on Saturday. If they consented to the present delay, it might be 3 or 4 days before General W. would be discharged by the Grand Jury, and that about that time, they would be ready to report the result of their enquiries. If they did not find a true bill, it was not to be expected, that Col. Burr would give himself any further trouble, by involving himself in any new legal strife. If they did find a true bill, the prosecution which would then be depending, would most probably throw out of view the present motion. Why this delay? Though G. W. himself was not here, he was ably represented by counsel. May not Col. B.'s counsel then retract the consent which they had given, and either proceed to move for an attachment or for a rule to show cause. Mr. Burr was unwilling to controvert the opinion or contravene the wishes of the court; but the subject necessarily required a few re-
marks. On Saturday he had waived his rights; but he consented to vary the form of the motion, to give G. Wilkinson an opportunity of being present, under an expectation that he would be here on that day; certainly he could not have entertained a doubt, that he would be present on that day. Was his consent, however, to be indefinitely extended to any period? It was then in his power to vary the form of his motion once more. If they would but name a certain time, (say to-morrow, he was ready to waive his motion for the present. Mr. Wirt declared, that it was impossible for them to go on when the Grand Jury would be done with G. W.; when he could come before the court. He thanked gentlemen for the accommodating spirit which they had manifested, if the obligation was not completely wiped away by their converting it into a topic of reproach. But suppose the rule was granted, what difference would it make in the situation of things? G. W. would still be before the Grand Jury. They could not spare him to the court; and it was impossible to know when they could spare him. The Chief Justice said that the court would have conceived itself bound to hear the motion for a rule; but now the motion was of a mixed nature; partaking of a motion for a rule, and of one for an attachment. If G. W. was here to-morrow, the motion might go on: but it was not presumable, that the G. J. would find immediately after G. W.'s examination, and would come before the jury. He conceived that Col. B.'s testimony should be delayed no longer than till to-morrow; and G. W. will cross-examine those witnesses, when he came into court. Mr. Hay. That is the very circumstance which we wish to avoid. These witnesses are brought here to accuse G. W. and he ought therefore to be present, to shape our enquiries to the proper point, and to expose their fallacy. — C. Justice. G. W. cannot cross-examine them, till Col. B. has done with them. — Mr. Hay. How then is G. W. to know what questions he should ask, if he knows not what questions have been put by the other side? — C. J. All their questions and the answers will be reduced to writing. Mr. Hay was unwilling for gentlemen to believe, that he wished to waive the discussion for a single moment; perhaps the Grand Jury would spare him for an hour: he understood that he was then employed in deciphering a letter before them. He suggested that a message should be sent up to the Grand Jury, requesting them to spare him for an hour, if it was compatible with their arrangements. The marshal was accordingly sent for to deliver the message, who informed the court that Gen. Wilkinson was at that moment under examination. The motion was accordingly postponed till to-morrow, when it is understood it will certainly come on. The Chief Justice observed that the attorney for the U. States might state to Gen. Wilkinson the facts which were charged in the affidavit, and which would agree in all the most material points with the interrogations that would be proposed to the witnesses.
Continuation of the DEBATE on the motion for a Subpoena Duces Tecum .
WEDNESDAY, June 10.
Mr. McRae. May it please the court! I regret extremely, that on a question so simple, and so eminently divested of all personal feelings, as the present, the counsel for the prisoner should have considered it as their duty to wander so widely from the subject before us. I could have wished, Sir, that instead of talking about shadows; instead of complaining against certain pretended persecutions attributed to the government of the U. S. instead of indulging in defamation and abuse against the officers of government which can neither be justified nor excused. They had confined their observations to the single and simple question now presented to your consideration: Whether this court had the right to issue a subpoena duces tecum , addressed to the President of the U. States? I will not, Sir, imitate the example which has been thus bountifully set me; however ample may be the materials; or however rich the harvest, which is now spread before me. Whatever I may think of the guilt of Aaron Burr; by whatever emotions of disgust and indignation, my bosom may be agitated by a contemplation of his conduct; I will attempt to suppress my opinions and feelings for the present. The time may be, Sir, when I shall be at full liberty to give them loose. When A. Burr shall be put upon his trial; when he shall stand at your bar as a dangerous and indicted criminal; I shall not hesitate, Sir, in the presence of the petit jury, in the presence of this court, and in the presence of the whole world, to express all my opinions and feelings. But, Sir, I shall waive this privilege for the present. I cannot but consider it as highly indecorous, when contemplating this single question, to embrace all the merits of the case. Mr. Martin need not have talked so much of the President's elevation. He need not have taken such uncommon pains to expatiate upon the high office which he fills, nor to individually compare it with the irresponsible monarchy of England; as if the present president considered himself superior to the laws. Although in this country, the decisions of our courts are at best doubtful; perhaps certain, that a subpoena ought not to go against him; yet, Sir, anxious to show to the world that we feel nothing of that spirit of persecution which has been so industriously and idly attributed to our government; solicitous to give an unerring proof of the principles on which we act; we shall not shelter ourselves under these precedents established by the courts of the U. States. Elevated as our illustrious president is; yet our principles are that when life is in jeopardy, he may be summoned like any individual, where he is able to disclose important facts and when the national interests will admit of his attendance. As, then, we admit that a subpoena may issue against him as well as against any other man, where was the necessity of expatiating so widely upon his elevated station? When all the facts which relate to this transaction come to be fully developed; when truth and not passion shall guide our understandings; I do not hesitate to affirm our belief, that the bolt which has been so industriously levelled against his reputation, will vanish into thin air. I am sorry, Sir, to be under the necessity of making such remarks as these; but let the blame fall where it is due; upon the gentleman from Maryland, who has extorted them, and not upon myself. And here, Sir, permit me to read the affidavit on which this motion is grounded. (This affidavit was published in the Enquirer of the 12th inst.) I do not understand from this affidavit, that any other order is required from the navy department, than the one which was addressed to Commodore Shaw, and is laid to have been published in the Natchez Gazette. That order is already in court; and the attorney for the U. States has pledged himself to produce it, if the court will but decide on the propriety of its exhibition. The only new paper, therefore, which is required by this affidavit, is the original letter of Gen. Wilkinson to the P. of the United States.
Mr. Wickham observed, that the gentleman had mistaken the object of the application; "We not only want this letter, but the order of the navy department. They tell us, they have the order and are ready to produce it; but we doubt the identity of this copy. Without meaning any imputation upon Mr. Smith, we say that they have several orders from his department. Let us see this order then, and we may ascertain whether it be the identical one, which we want. Let us but inspect then the order which these gentlemen have in their possession, and if it be the one which we require, the process to be issued may be made more limited in its operation." Mr. Hay. The secretary of the navy inclosed this order to me; for what purpose I know not, unless it was for the sake of showing it. But as I am not particularly instructed on this point, I do not conceive myself authorized to produce it at present. I will exhibit this paper, if the court thinks it material. Mr. Wickham. We have a right to apply to the President of the United States for the copy of any order; but if it is alleged to be a state paper, it must not be refused on the allegation of counsel, but on the oath of the officer. Mr. McRae. Is your subpoena then to be addressed to these other officers? Mr. Wickham. No, Sir, to the President alone, who has all these offices under his control. Mr. McRae. I will attempt to satisfy the court, that the counsel have not grounded their motion upon this affidavit: (Here Mr. McRae read the affidavit) — "May be material to his defence." Now, Sir, how is this? I had always understood before, that all applications of this kind must be founded upon positive testimony, that the party was not at liberty to state vague and loose conjectures; but that he must give undoubting assertions; and what was this further, that he should swear that these documents were material to his defence. The oath is not, that they may possibly be of use; that they may or may not be material: on this subject it is not merely sufficient to advance some precarious conjectures; but the party must explicitly state his belief, not that they may be; but that they are material. Nay, still further, in criminal cases, the party is not merely required by the court to say, that they are material, but to say in what respect they are so. In these points then, this affidavit is essentially defective: It certainly does not state, how these documents are material; it does not even assert that they are material; but only advances a conjecture, that they may be so. I believe, Sir, on the authority of a decision of the court of the United States, in the case of Cooper of Northumberland, (p. 13 of the Report of the trial) it may be shown, that the present party has no authority to demand these papers: And, Sir, the case of Cooper was materially distinguished from the one before the court, in this important feature: that the public officers were in the very city and on the very spot, where the trial was conducted. The seat of government, was then at Philadelphia and not at Washington. This case, Sir, was well known to every individual, who was interested in the politics of those times. It is sufficient merely to repeat, that Cooper was sued for a libel; that he put in two pleas; 1st. not guilty; 2nd. justification; and that in order to support his plea of justification, he applied to the court for a subpoena on the President of the U. S. to obtain certain public documents. And what did the judge decide? (Omitted for want of room.) But, Sir, strong as that declaration is in our favour, and though it completely goes to deprive the prisoner of the privilege which he claims; and though it is to be considered as law in the courts of the U. S.; yet, Sir, abhorring any thing that looks like persecution, we should have declined to shelter ourselves under this abominable precedent. We desire that the prisoner may possess all the information which is necessary to his defence. It is my sincere wish, in this as well as in every other point, to give him all the assistance, which evidence can afford. From our souls, do we abhor every, the slightest thing which wears the appearance of persecution; — Sir, I have easily read this authority to show, that we might easily have refused this demand, under one of the precedents established by a court of the U. S. Mr. Martin has said, that no secrets ought to be withheld from a court of justice, except those which have been confidentially entrusted to legal counsel; that this is the only exception to the general doctrine of evidence; and that in all other cases, the witness may be compelled to give information. The exception recognized by Mr. Martin, certainly does exist; but Mr. M. has taken ground too narrow, nor is that the only case where the witness is permitted to keep his information to himself. Sir, if a confidential communication has been made to Thomas Jefferson, he is not responsible to a court of justice for its contents. I speak, Sir, with due submission to the court; but I ground my opinion principally on a decision of the supreme court of the U. S. My position is, that if a communication is confidentially made to Thomas Jefferson, he is not bound to appear before this or any other court, to disclose it. It is unnecessary to collect arguments to demonstrate the soundness of the policy on which this principle is founded. That would be an easy task. But, Sir, instead of wasting my time, and the time of the court upon the policy of the measure, I will refer you at once to a precedent. In the case of Marbury Vs. Madison in the supreme court of the U. S. Mr. Lincoln the attorney general was called into court, and it was vehemently contended that he might be compelled to give information, like any other citizen. Mr. Lincoln stated his objections in the following terms: (Omitted for want of room.) In the same book p. 166, the case of the secretary of state is also stated: It follows from these opinions, that the court should always receive special information about the papers, which a party wishes to obtain, before they authorize him to demand them: They ought to ascertain whether these papers contain confidential communications to the head of the government. But, Sir, if the papers which are called for by the affidavit of A. Burr be of a public nature; why should the court issue a subpoena duces tecum to demand them? The opposite counsel may rest assured, and the attorney for the U. S. has actually pledged himself solemnly to this court, that he would spare no exertions to obtain a copy of them, if the copy would be sufficient, or the originals if copies will not avail. But, Sir, if this letter be of a confidential nature, it is not the duty of the P. of the U. S. to produce it in this court nor any where else. And where is the propriety of directing this subpoena in any event, to the President? If it be a public letter, it is undoubtedly deposited with every other paper of the same complexion in the archives of state: Why then, is not this subpoena addressed to the Secretary of State, instead of the P. of the U. S.? There is no specific reason why this informality is adopted; for gentlemen do not even pretend that they want the President's person. All that they pretend to require are certain papers in his possession; and these are evidently to be obtained, without the necessity of dragging him from Washington to this city. But, Sir, if these papers are not of a public nature; if they are addressed to the confidential communications of the P. of the U. S. then by the reasoning which I have heretofore employed, it is not necessary and it is not proper to subpoena Thomas Jefferson.
One remark more, and I have done! The gentlemen insist upon the necessity of producing in this court the original letter from G. Wilkinson to the President of the U. States. I will suggest an expedient, which may obviate every possible inconvenience. If your honour pleases, that a copy of this letter may be read in evidence like copies of all other documents in the department of government; then also will the attorney for the U. S. consent, same effect as the original. But gentlemen may contend that Gen. Wilkinson would object to this copy: Sir, Gen. Wilkinson would have no right to urge such an objection; and much less, which he should understand that this very copy is expressly introduced into the court on the principle of possessing the same validity as the original itself. But, Sir, if Gen. Wilkinson should dare to raise this objection; if he should pretend to declare that this was not his letter, or that it was not an authentic and correct copy; a few days only would elapse when the original would certainly be produced. Mr. McRae concluded with repeating his sincere wish, that every proper testimony necessary to the prisoner's defence should be produced; but with expressing his hopes that no such step as was at that time recommended by the opposite counsel would be fancioned by the court. Mr. Botts. In a government of laws, where majesty and prerogative are protected, and where the authorities of all the public functions are to be exercised for the benefit of the people, there are but few instances in which the policy of state secrecy can prevail. In the national intercourse with foreign states, where the relations present subjects fit for privacy, the rare duty of concealment may occur. Some time ago, when the hue and cry of treason was rung through the country, there might have been an excuse for the claim of securing from the eye of the suspected, particular acts of the cabinet. At this moment it will not be pretended, that the public good can require that Col. Burr should not have the means from the departments required for his justification. Can any innocent purpose, said Mr. Botts, be subverted by the President's withholding the documents demanded? And will the counsel malign him by imputing to him a guilty one? The act of Congress provides fees for copies from the ministerial offices under the control of the President, and every individual has a right to demand them on paying the statutory charges. If individuals in common have this right, why has it been denied to Col. Burr whose fate may depend in some degree on them? One of the copies was promised, but the promise was forgotten! State policy in England has done a great deal of mischief; — it has often sheltered wicked and corrupt ministers from the punishment due to their crimes; yet even there, (where the principles of liberty are not understood so well as this country,) in Sir Home Popham's trial, Lord Melville, President of the board of Admiralty, was compelled, a few months ago, to appear and give evidence concerning the instructions he had given to that admiral. I do not now complain of the illiberal caution of the gentlemen in keeping hidden their written evidence, which, if known in time, we might refute; but such testimony as we think material in our defence, we are, at any rate entitled to, without favor from them. But the gentlemen have made a concession of great liberality! — They say they are willing that the President may be summoned to attend; but not to give evidence when he does attend; not to disclose any thing but what he may himself condescend to make known. The President may be, and no doubt is, a very great and good man; but while his policy in relation to the accused is so completely enveloped in mystery, the counsel for the prosecution must pardon us, if we cannot consent to pin our faith on his fleece, and if we choose rather to betake ourselves to our legal rights. The opinion given by Judge Chase on the trial of Cooper, was probated by the politics of those gentlemen who prosecute for the U. States; and yet they now wish to avail themselves of that authority. I congratulate them upon their dereliction of the old democratic opinions which prevailed at the time of Chases' trial, and which I thought would have gone with my friends to their graves. Mr. McRae observed, that Mr. Botts had misrepresented the object for which he had introduced the opinion of Judge Chase; that he had not pretended to use it as authority; but, on the contrary, had expressly declared that he scorned to avail himself of it. Mr. Wickham said that Judge Chases' opinion pronounced in the case of Cooper was not correctly understood. It was not that the President could not be summoned as a witness, but that he ought not to be summoned to give evidence against himself. Mr. Botts proceeded to say, that even that qualified opinion of Judge Chase had been repudiated by the gentlemen; but now they shelter themselves under it in effect; because they use it as authority against the success of the present motion. The gentlemen contend that the executive must judge whether the documents require secrecy or not. But how can this judgment be exercised until they are called upon? And how can the government be legally called on but by process of subpoena duces tecum ? When this is served the President may make out his return. As to the argument that a copy of Gen. Wilkinson's letter will be sufficient; suppose, said Mr. Botts, Gen. Wilkinson should swear to one thing, and the copy of his letter should say another, would you condemn him upon the President's certificate merely that the paper produced contained a true copy of a letter from him? He concluded with observing, "if a time shall ever arrive when a person shall stand accused of a crime of the highest nature; of a crime by which his life is endangered; if a part of the testimony shall be concealed by those who administer the government, and no policy of state requires it; and yet the court does not compel it to be produced to screen the devoted victim; it will be a dastardly time for our country!" Mr. Wirt. The counsel for the prosecution, do not deny that the general subpoena ad testificandum , may be issued to summon the President of the U. S. and that he is amenable to that process as any other citizen. If his public functions disable him from obeying the process, that would be a satisfactory excuse for his non-attendance pro hac vice ; but does not go to prove his total exemption from the process. We think, further, Sir, that a man standing in the situation of the prisoner, has also the right to demand all papers material for his defence, whether

ever they may be, the disclosure of which will not compromise the national safety; but then the papers required, must be shown to be material for his defence. The subpoena duces tecum, is a matter of right, and the prisoner might have demanded it from the clerk without the intervention of the court; but here is a motion for a subpoena duces tecum, to compel the President to produce certain papers of state, the materiality of which is not shown.
I shall contend first, first that the subpoena duces tecum is not a process of right; that the motion for it, is a motion addressed to the discretion of the court; and that the court may award or withhold it as they see fit.
In the next place, I shall contend that this discretion of the court would be controlled and determined only by the relevancy and materiality of the papers required.
And, thirdly, that in the present instance, the relevancy and materiality of the papers required, is so far from being shown, that from every thing which appears they are both immaterial, and entirely irrelevant.
I shall proceed to show in the first place that the subpoena duces tecum is not a process of right; but that the application for it, is addressed merely to the discretion of the court.
Mr. Wickham. That is admitted, sir: we admit that it is an application to the found discretion of the court.
Mr. West. I thank you for the admission, sir, you have relieved me from the unnecessary trouble of so much of my argument. It being conceded then, that this is an application to the discretion of the court, the question naturally presents itself, by what circumstances should that discretion be controlled and determined? Should it be by the mere will of the prisoner? If so, it is in vain that the court possesses any discretion on the subject: the only discretion exercised about it, is, the discretion of the prisoner; he has but to ask and have it; and by his mere will, he changes this from a process flowing from the discretion of the court, into a process of absolute right. Consider this wide and bold doctrine on the ground of expediency. Would you summon any private individual from the remotest part of the United States, to produce a paper on the mere will of the prisoner, without his defining the paper and showing how it bore upon his defence. If you would, you put the pursuer and the peace of every individual in the United States, at the mercy of the prisoner's caprices and resentment. This argument from inconvenience, assumes an attitude of the most awful and alarming importance, when you extend it to a case like this before the court. A prisoner seldom has any cordial unity for the government by which he is prosecuted for a crime. The truth is, that he feels himself in a state of war with that government; and the more desperate his case, the more ardent will be his spirit of revenge. Would you expose the offices of state to be ravaged at the mere pleasure of a prisoner? Who, if he feels that he must fall, would pant for nothing more anxiously than "to grace his fall and make his ruin glorious" by dragging down with him, the bright and splendid edifice of the government. Sir, if Aaron Burr has the right, at his mere will, to call one paper from the government, he has the same right to call any other; and so, one after another, might divulge and proclaim to the world, every document and secret of state; however delicate our foreign relations might be, and however ruinous the disclosure to the honor and prosperity of the country. These, sir, are topics offered to the discretion of the court. It is certainly much to be wished, that a rule could be devised, which while it should protect the rights of the prisoner, should also protect the public offices from being wantonly and unnecessarily violated. I think there is such a rule: it is this—it is by requiring that the prisoner who calls for a paper, should show that the paper applies to his case and is requisite for his defence. When he has done this, I hold that he will be entitled to call for any paper—it will then rest with the President of the U.S. the officer appointed by the people, to watch over the national safety; to say whether that safety may be endangered by divulging the paper. Surely, sir, justice to the prisoner requires no more than that he should possess such papers as are material for his defence; and will not the court require that he should show that materiality before they give way to his call; if they do it, if they say that it is enough for the prisoner to with a paper, to have it; they put themselves as well as the chief magistrate of the Union in danger of becoming the mere ministers of the prisoner's whim, or malice and resentment. By adopting the rule which I have proposed, they avoid these consequences and do all that justice requires for the prisoner.
When this subject was first mentioned, it was said by one of your honors that it is usual to award the subpoena duces tecum on the mere motion of the party, unsupported by any affidavit as to the purpose for which the paper was required. This is true, sir; such an affidavit is not generally required; but why is it not? because the relevancy and materiality of the paper are admitted by the adverse counsel, or are palpable from the nature of the issue and of the paper required. The docket, for example, presents the case of a writ of right or an action of ejectment: the name of the action, shows that the title of land is in quist. —one of the parties moves for a subpoena duces tecum directed to the clerk of another court, and requiring him to bring up a deed or a will which forms a link in the chain of his title. The adverse counsel if he be present, admits by his silence the propriety of the motion: or if his silence has not that effect the nature of the issue and of the paper required shows at once the relevancy and materiality of the latter. Hence it has happened, that these motions are usually unsupported by affidavit. But is this the case here: the relevancy and materiality of the papers called for, are not admitted by us—are they not palpable from the nature of the issue and the papers required? Let us see if they be. The two charges against the prisoner are first of High Treason; and secondly, misdemeanor, in setting on foot an expedition against the territories of a nation with whom we are at peace; for the purpose of his defence, he says he wants a letter from General Wilkinson to the president; and that letter contains a declaration of his guilt; and also certain orders from the department of war, which he says directed the burning and destruction of himself, his people and his property. Now, sir, what possible tendency can either of these papers have to acquit the prisoner of the treason or the misdemeanor. As to the orders which have been deemed as being so sanguinary and despicable, I affirm, with the power of proof to support me, that such orders never were given; though it be true, that Aaron Burr had placed himself in a state of war with his country; was aiming a blow at the vitals of our government & liberty, and that blow could be averted in no other way. I held that his destruction would have been a virtue, a great and glorious virtue. Affairs, however, had not reached that desperate crisis. We have seen the orders, sir, and at a proper time will produce them; the very orders to Lieut. Shaw, which the prisoner has so often mentioned, as having been published in the Natches Gazette : those orders are not as he has described them, they are simply orders to apprehend Aaron Burr, and if it shall become necessary for that purpose to destroy his boats. These are the bloody orders which have been so often mentioned with looks of such tragic and mysterious import! Suppose the orders was as barbarous as he has described them, and that the emergency did not justify them: they prove the administration wrong; but do they prove or tend to prove Aaron Burr innocent. If the president were on his trial, for having issued these orders, it would be necessary to hear the orders themselves, in order to ascertain their merits or demerits. But the question is not now as to the guilt or innocence of the President; it is as to the guilt or innocence of Aaron Burr, on the charges of treason and misdemeanor, and whether the President has acted right or wrong does not and cannot affect the question of Burr's guilt or innocence. The charges against him are to be proved by witnesses on behalf of the U. States; if these witnesses do not prove the charges, there is an end of the enquiry; but if they
do, I ask whether it be possible that his production of the President's orders even in his own terms, will remove that evidence of his guilt? Every judge must answer no: and if so, the orders are clearly immaterial for his defence. But although the affidavit does not attempt to show, wherein these orders are material for the prisoner's defence, Mr. Martin has attempted to supply that omission by his argument. It seems these orders were lawless that Burr had a right to resist them; & whatever he has done has been in self defence against these orders. It would be easy, sir, to expose the fallacies and fallacy of this pretext by a reference to dates, the man cannot have a very chronological head who can impune crimes throughout 1805, 1806, to orders issued in the last month of the last year, or the beginning of 1807. But without stopping to analyze more minutely, this strange anachronism, let us inquire into this doctrine of resistance which Mr. Martin has advocated. I am not an advocate for passive obedience and non-resistance. I do not think as Mr. Martin has asked, that a man becomes a God when he becomes a President: I think he does not become a God even by becoming a King or an Emperor: on the contrary, I think that a man, who, in a government like ours, even aspires to become one President, is bound by his oath of office to take care that the laws shall be carried into effect. By the particular act of Congress which prescribes the punishment of the misdemeanor charged on the prisoner, the President is authorized and required to call on the naval and military force of the country to defeat the enterprise: in the present instance, he has done so and given orders for the apprehension of the offender: and we are told that Aaron Burr, instead of submitting himself to the laws and justice of his country, had a right to resist these orders. That Aaron Burr was to be the judge, whether he should obey, or not, orders proceeding from the lawfully constituted authorities of his country: and that if he thought them unlawful he had a right to resist them by force: if this be so, there is an end of government; every individual in the country, I presume, has, at least, the same rights with Aaron Burr: and if he has this right of submitting to, or resisting the laws and officers of the government as he pleases, every body else has the same right: then where is the use of our constitution, laws or officers, we might as well abolish them all, and return to a state of nature. But, sir, neither Aaron Burr nor any other individual carries about him this dispensing power. It is clear that the very act of resistance, of which Mr. Martin has spoken, was itself an act of treason. Before the orders can be material for his defence on this ground, it must be determined that he had the right of resistance, but as I presume it to be impossible, that the court can entertain this latter opinion, I conclude that the orders in question, cannot be relevant or material to his defence in this light: and no other has been presented, or I believe, can be presented.
Let us now consider the letter from Gen. Wilkinson to the President, and enquire how that touches either of the issues in which the prisoner is involved, and how the production of the original letter is to operate to his benefit. If the letter be material at all, a copy will answer every purpose. The letter I presume, from the use made of it by the President, is a public document, and is lodged in the department of state. The law of the United States which establishes this office, contains the following clause: "And be it further enacted, that the said Secretary shall cause a seal of office to be made for the said department of such device, as the President of the United States shall approve; and all copies of records and papers in the said office, authenticated under the said seal, shall be evidence equally as the original record or paper." 1 Vol Laws of U. S. Chap. xix p. 5.—Hence a copy of this letter will answer every purpose of the original; and it will be no more competent to Gen. Wilkinson to deny the authenticated copy than the original. But let us see of what use a copy of this letter can be to him? We know nothing of this letter, except from the message of the President to which the counsel on the other side have referred us; and by this message it appears that it was from this letter connected with others that the President inferred the prisoner's guilt; a letter, then, which according to the only account we have of it, contributes to establish the prisoner's guilt, is required for the purpose of proving his innocence! But this letter we learn, not from the affidavit, but from argument, is required for the purpose of confronting Gen. Wilkinson, if he should trip in his evidence:—At present then, there is confessedly no due to which this letter applies; but one may possibly occur by Gen. Wilkinson's departing in his narrative from the statements of his letter. Now, sir, suppose a man should move you for a subpoena duces tecum in a civil question; stating, indeed, that there was at present no due to which the paper could apply; but that he apprehended one might be brought, in which it might be material: now where is the difference between such a motion and the very remote probability that Gen. Wilkinson will produce an occasion for this letter, in contradicting by his parole testimony, the statements of his letter:—but let us press this point a little further: no one who pretended to know any thing of the details of this letter; all we know of it, is derived from the President's message; and from that all we learn of it, is, its general character, that it goes to prove the guilt of Burr:—Now in order to produce any collision between this letter and Wilkinson's parole evidence; the latter must have an opposite character; that is it must go to show the innocence of Burr. If Wilkinson continues to avow the guilt of Burr, there will be no contradiction between his testimony and his letter, and consequently there can be no confrontation between them, beneficial to the prisoner; there can be a confrontation in no other event, than that of his deposing to Burr's innocence. The result of the argument is that Burr, apprehensive that the evidence of Gen. Wilkinson may be favourable to him,—wishes the General's letter for the purpose of destroying that evidence and proving his own guilt. Again for—I have never seen or heard of an instance of this process being required to bring forward any paper, but where such a paper was in its nature evidence ; for which either party had an equal right to call, and to use it when produced. But it is obvious that in this case and in the present state of things we could not use the letter of Gen. W. as evidence; although the opposite party should obtain his subpoena duces tecum for this paper and would seem thereby to have made it evidence and introduced it into the cause, yet after it comes, we cannot use it—hence, there is no reciprocity in it—the paper is not at present evid. nec. and therefore is not within the principle on which this process is awarded. One more remark on this letter and I have done with it—I am not more an advocate for the needless multiplication of state secrets, than the gentleman who has preceded me. It looks too much like the mysteries of monarchy—and I hate monarchy with all its mysteries, and the mysterious movements of those who are lovers of monarchy. Yet it is obvious that there may be cases in which the very safety of the state may depend on concealing the views and operations of the government. I will instance in this very letter: I do not know what it contains; but it is from the general who commands on the Spanish frontier.—That the state of our affairs was and is with Spain not the most amicable is well understood:—we know that our affairs in that quarter were even at this time the most lowering aspect—suppose this letter should contain a scheme of war—a project of attack—would it be proper to divulge and proclaim it even to Spain herself. If the letter contains any such thing, I have no doubt that the President ought and will conceal at least so much of it. This, however, will be a question with him, when the paper shall be called for; and a question which he alone is competent to decide.
From what has been said, I take it to be clear that the relevancy and materiality of these papers for the prisoner's defence, are not palpable by comparing the nature of the papers with the nature of the issues; & being neither self evident nor admitted, I hold that the party is bound to show at least by his affidavit wherein they are relevant and material. This he has not pretended to do, in the affidavit offered to the
court; for in that he has merely stated, in terms, the most loose and vague, that he believes these papers may be material for his defence. Sir, he might have the same oath as to any paper in the offices of state, without the possibility of proving him foreknown; for he swears merely to a conjecture; and whether he entertains or not can never be decisively known to any one but himself. Will you lay open the public offices to be ransacked by conjectural affiants? Will you adopt a precedent which will put it in the power of the enemies of the government at any time and without the hazard of punishment, to explore your offices with the worst of views and harass the officers themselves at their discretion. Sir, I wish the prisoner to have a fair trial. I wish him to possess every atom of evidence which can contribute to his acquittal. But these papers appear to me not calculated to touch the issue; and still less calculated to do the prisoner any good. If he thinks otherwise where can be the difficulty of his showing by an affidavit at least some probability of their doing him service. If he knows the nature of those orders and that letter so well as to have ascertained to his own satisfaction, that they may do him service, where can be the harm of his setting out in his affidavit the character of the papers and showing how they may be brought to bear upon his case—when he shall have done so, the court will have something for its discretion to act upon—at present they have nothing but the prisoner's unsupported conjecture, and the discretion would appear to me not very found which would be determined by a consideration like that.
I can see but one possible objection to the particular affidavit which I require, which is, that the prisoner would thereby unmask his defence—but in the case of the U. States vs Smith, a particular affidavit was required by Judge Patter on setting out what it was expected to prove by the witnesses; and although it was objected in that case, that by demanding such an affidavit he compelled the accused to unmask his defence, he nevertheless demanded the affidavit—and in that case, as in this, although the materiality of the evidence was supported by some of the ablest advocates on the continent, the court determined against its materiality, and the cause went on without it. But in the present instance an objection as to unmasking the defence would have an objection merely of form because the gentleman has, by their arguments, in fact taken off the mask, and stated the manner in which they expect this evidence to apply—we have examined their expectations and I hope found them baseless.
I conclude, sir, that this is an application to the discretion of the court—that justice to the prisoner requires only, that he should have all papers from the offices of state which he shall show to be material and relevant to his defence; that he has not shown them to be so in this case; and that, therefore, the process should be withheld until he does show them to be so. I know of no other rule which, while it will protect the rights of the prisoner will also, save the offices from needless, wanton and wicked violation. I cannot take my fear, sir, without expressing my deep and sincere sorrow at the policy which the gentlemen in the defence, have thought it necessary to adopt. As to Mr. Martin I should have been willing to impute this servile language to the iambics and refutations of that friendship which he has taken such frequent occasions to express for the prisoner his "honorable friend"—in the cause of friendship I can pardon zeal even up to the point of intemperance. But the truth is, sir, that before Mr. Martin came to Richmond, this policy was settled; and on every question incidentally brought before the court, we were stumped with invecitves against the administration. I appeal to your recollection, sir, whether this policy was not manifested even so early as in those new and until now unheard of challenges to the G. Jury for favor? Whether that policy was not followed up with increased spirit in the very first speeches which were made in this case, those of Mr. Bots and Mr. Wickham on their preVIOUS question suspending the attorney's motion to commit? Whether they have not seized with avidity every subsequent occasion, and on every mere question of abstract law before the court, flew off at a tangent from the subject, to launch into declamations against the government—exhibiting the prisoner continually as a persecuted patriot—a Ruffel or a Sidney—bleeding under the scourge of a despot and dying for virtues false! If there be any truth in the charges against him, how different were the purposes of his foul from those of a Ruffel or a Sidney! But I forbear to press this subject! I beg to know what gentlemen can intend, expect or hope from these perpetual philippics against the government? Do they flatter themselves that this court feel political prejudices which will supply the place of argument and innocence on the part of the prisoner? Their conduct amounts to an intimation of the sort—but I do not believe it—on the contrary, I feel the firm & pleasing assurance that as to the court the beam of their judgment will remain steady, although the earth itself should shake under the concussion of prejudice. Or is it on the by standers, that the gentlemen expect to make a favorable impression, and do they use the court merely as a canal, through which they may pour upon the world their undeviated invecitves against the government. Do they wish to divide the popular resentment and diminish thereby their own quota? Before the gentlemen arraign the administration let them clear the skirts of the client—Let them prove his innocence—Let them prove that he has not covered himself with the clouds of mystery & just suspicion; let them prove that he has been all along moving erect & fair in open day, & that these charges against him are totally groundless & false: that will be the most eloquent invecitve which they can pronounce against the prosecution, but until they prove his innocence, it shall be in vain that they attempt to divert our minds to other objects, and other enquiries—we will keep our eyes on Aaron Burr until he satisfies our utmost scruple. I beg to know, sir, if the course which gentlemen pursue is not disrespectful to the court itself? Suppose there are any foreigners here accustomed to regular government in their own country. What can they infer from hearing the federal administration thus reviled to the federal judiciary; hearing the judiciary told that the administration are "blood-hounds; hunting this man with a keen and savage thirst for blood; that they now suppose they have hunted him into their toils and have him safe." Sir, no man, foreigner or citizen, who hears this language addressed to this court and received with all the complacency at least which silence can imply, can make any inferences from it, very honourable to the court; it would only be inferred while they are thus suffered to roll & luxuriate in these gross invecitves against the administration, that they are furnishing the joys of a Machometan paradise to the court as well as to their client. I hope that the court for their own sakes, will compel a decent respect to that government of which they themselves form a branch. On our part we will only a fair trial of this case; if the man be innocent, in the name of God let him go; but while we are on the question of his guilt or innocence, let us not suffer our attention and judgment to be divided and distracted by the introduction of other subjects foreign to the enquiry.
(To be continued.) Last Proceedings. The court was occupied yesterday for the motion for an attachment against Gen. W. The General appeared in court, and took his seat among the counsel for the U. S. Mr. Burr said, that as Gen. W. was present, he would now proceed with his enquiry. It was, however, to be understood, that if the charge could not be brought home to Gen. W. himself, it would equally attach to any other subordinate officer, as Mr. Gaines. Mr. Hay objected to this extension of the motion, which was understood to be confined to Gen. W. alone. Mr. Randolph then opened the motion. The charge against G. W. was, that in conjunction with others he had employed improper and unlawful means in bringing James Knox and Chandler Lindzey from N. Orleans to this city; and thus obstructed the administration of
the justice of this court and interfered with the rights of witnesses. Mr. R. then gave a long narrative of the transactions, connected with James Knox; and concluded with stating that the only difference between his case and Lindzey's was, that the latter made a virtue of necessity, and submitted at once to the authority which had been exercised over him.
James Knox was then examined. The substance of his statement was, that he had visited N. Orleans; had seen Gen. W.; and had given him some information about Burr's expedition, which the general had noted down; that he was asked by him whether he would not attend as a witness; but that he had urged his want of means as an objection; that the general had particularly enquired about the redress which was due to him from Comfort Tyler, to the amount of about 150 dollars, and asked him, whether if he had that sum, he would be willing to go as a witness; that about the 12th of May he had been formally subpoenaed by Lieut. Gaines; about 4 days afterwards he was taken up and carried before Judge Hall, who wished to recognize him in a large sum for his appearance on this trial, which he had refused to give; that he was then committed to the jail, from which he was removed by Sergeant Dunbaugh on board the U. States vessel the Revenge , and conveyed to this city. On his cross examination it appeared that the witness was one of Burr's men, had been engaged by Comfort Tyler at Meadville; had defended the Ohio and the Mississippi as far as Natchez; and that he had conceived himself as moving under Burr's direction.
He was followed by Lieut. Gaines who commanded at Fort Stoddart on the Mobile: he stated, that he had received several subpoenas from the Atty. Gen. for the U. S. to be served at N. O. among the rest upon J. Knox; he described his unwillingness to attend as a witness, and the steps which had been taken by the civil authority to send him to this city as a witness. He had himself reluctantly accepted a deputation from the marshal of N. O. to have him brought here, on the condition that he might be authorized to entrust him to any other person whom he might select; and that he had selected Sgt. Dunbaugh for the purpose. Mr. G. declared that the witness had been brought here by the civil authority alone; that there was no appearance of the military authority; or of G. W.'s agency in the business.
Mr. Graham, the Secretary for the Territory of Orleans, was examined at considerable length; and confirmed the statements of Mr. Gaines, so far as he knew.
Mr. Hay offered to submit the evidence to the court without an argument. Mr. Burr's counsel refused the proposition: and the argument will be held this day.
Extract from a letter written by a resident of Richmond Hill, to his friend in the country. Since the date of my last, Dear F. I have frequently spoken on my pen, but as often have thrown it aside to wait the discoveries of time. The sacred fire of the vernal Virginia, was forcibly more secure from the public eye, than the secrets of Burr's conspiracy, from the knowledge of the people. We have expected at each revolving moment to find at least the crest of this mighty Hydra, but his recess appears to be entrenched behind the deepest stratagem and cunning, and every avenue of approach to be adroitly guarded with the quickest vigilance. In my last, I declared my mind to be in a state of balance and doubt, and surprising as it may seem, considering my daily attendance upon the trial, it still vibrates in equilibrium. In truth, my dear F. there must be some mixture of prophecy in any opinion which undertakes to pronounce without doubt, upon the various hues and lineaments of this multifarious affair. And as I never have yet claimed the gift of prophecy, so must I wait until the beams of truth shall disperse these "lazy-pacing clouds" of darkness and confusion. I have seen a great many witnesses, and heard a great many speeches; I have seen both parties, and heard both accounts; but I should as soon expect to find my way out of the Dodonaean Labyrinth, as to find my way into the truth of this transaction, or to form a proportioned statement of smooth and even testimony. I have never reflected upon this variety of confusion, without being reminded of Burk's remarks about Chatham's administration, "to ciekereed and speeked; he put together a piece of joinery, so crollly indented, so whimsically dovetailed; a cabinet, so variously inlaid; such a piece of diversified mosaic; such a tessellated pavement without cement. Here a bit of black stone, and there a bit of white, patriots and courtiers, whigs and tories, treacherous friends and open enemies; that it was indeed a curious show, but utterly unsafe to touch and unsafe to stand on."
I must confess, notwithstanding the suspension of my mind, that it has received some bent; but I consider it a violation of its purity and candor, to deal so much with the prospective glads as to give it a stubborn and decided turn, which in future, may appear to be wrong. It is said that Gen. W. will give some degree of form and symmetry to this rude undigested mass, and that the public will be relieved from this whirlwind of doubt and conjecture.
It is impossible to conceive the absurdities which have floated upon the purrid wave of federalism about Gen. W. I have heard of the most unqualified affections that he had no idea of attending, that he was guilty beyond all doubt, and that he feared the keen glance of the accused as he would the petrifying eye of the Gorgon. He has appeared, and his presence speaks volumes against the deep calumny of their breath. He has met Col. Burr in the presence of the court and a gaping crowd, but who can say that his countenance was flushed with apprehension, or tickled over with the pale salt of fear and guile? This was a deep mortification to some; had he but fainted or betrayed the least timidity, it would have been a delicious banquet for federalism. They now perceive themselves, entangled in the meshed toil of abortive cunning and political rancour, out of which they endeavor to tear themselves by a boldness they cannot support, and equivocation which wants the aid of ingenuity.
It is astonishing to observe their tremulous anxiety on this occasion, it would really seem from their active interest and flurried spirits that the whole party was affected with St. Vitus's dance. They bend at the feet of the judicial throne with a hope of breaking their feelings into the court, and whenever any abuse falls from the bar against the government, (which is not very seldom) they grasp it as a precious morsel of revenge, and look with eyes of rapture upon the author. Do not accuse me of too much bitterness, I speak only of those who flew an overweening zeal in this affair, they merit the reproof, for they have forfeited the only political virtue they had, that of consistency, nor do I mean the Right honorable upon those, who have acted from motives of humanity. As I have mentioned the bar, permit me to introduce a strange lawyer from a neighboring state, whose character towers to the highest sphere of jurisprudence. My expectations were as frst as extravagant as his character. I marked him in my mind's eye as a happy standard by which I might form some estimate of the Virginia bar. But pardon me ye critics and eulogists of Mr. M*****. If I cannot join in the forensics panegyric, if instead of placing him in the zenith I put him in the nadir. Perhaps I am too hasty, he may be jockeying with our senses in order to unguard and seize them with more vigorous avidity. This is the only mode which my ingenuity can suggest in order to avoid too rude a shock between my opinion and the blazing character of the Port Folio.
mind; it breaks and rolls off in shapeless lump, without the least order or ingenuity; in this he resembles the miler who has handed to much that he saw a lot how to use it. I entertain no doubt but that, under the influence of the midnight lamp, he would compose a speech of excellence and merit, one that could not fail upon comparison; but as to energy of thought, beauty of diction, and the embellishments of fancy, he is a mere Tyro of the bar.
But it is to candour, that I should have an obvious disadvantage; his mind is fettered and distended with delirious rancour, to the indulgence of which he disregards the facility of argument, relation and consistency of speech. It is possible he can fancy that this invidious gratification to himself, will be of service to his friend, that his chief against the President will be an argument for his client; if he does, he is woefully mistaken, for his weapon will recoil against himself. If he calculates upon sympathy, he ought to woo her in softer strains, if he believes in innocence, he ought not to infuse her by meretricious tricks, to drag on the judgment of his hearers. The person and deportment of Mr. M are of a graceful and engaging cast; his countenance is frequently lighted up with the smile of complacency, but never so much as when he spirts what is considered a smart thing . In consequence of this firing talent of impromptu, which is not always of the Attic style, he has acquired the fame of a wit and a farrat. To give you a just character of his wit which no doubt, you will have celebrated, it is only necessary to recollect the incidents of your own life when at School or in church, or in any place of constrained silence, where the least remark would excite considerable tittering. I have frequently applied this remark to reputed wits, and have generally found it correct, that it does not require so much serfies to little modesty. With respect to the voice of Mr. M—— about which I know you will enquire, I can only say, that it possesses neither volume or harmony, but as Milton observes, it chiefly consists of "draming harsh discord and unpleasing harsh." I have been induced in my reflections upon this subject to pry into the motive of this uncomprehending friendship, this Damon-like conduct, and for my foul I cannot conceive why a Lawyer of his eminence, engaged in a lucrative and pressing practice, his important courts in session, should abandon his eager clients, to encounter so much toil and expense, when he knows, his "honorable and respectable friend" to be advocated by the best talents of our country. If I were of a suspicious nature, I should incline to think he supposed them incapable, or that there was some invisible magic about himself, or that..... This is a very uncharitable suspicion and I can but lament, that this train of thought has fastened it on my mind. O if we had but the Gial's Lan suspended in the hall of justice to see if he could look at himself.
* In the Port Folio, is contained a series of characters of the Maryland Bar, of which Mr. M***** is the fifth.
** "The winds & waves" have once more detained the arrival of our paper from Philadelphia.
VALUABLE PROPERTY FOR SALE.
By Virtue of a Deed of Trust, executed to me by Judge Davis, for the purpose of securing the payment of a certain sum of money, therein mentioned and interest, due to John and Edward Cunningham, and the estate of carrying said trust into effect—see will, on Tuesday 14th July, between the hours of eleven and one o'clock, proceed to sell, at the Eagle Tavern, in the City of Richmond, to the highest bidders, for ready money, the following property, viz:—
No. 1. A LOT OF GROUND, lying on the main-street, near the Court House, said to contain 66 feet in front and running backward on the cross street 150 feet, with a three-story Dwelling-house thereon, and the necessary out buildings, all in good repair. 2. A LOT OF GROUND at Rockett's, containing about one acre, with some Houses thereon. This Lot may be divided and improved to great advantage. 3. A LOT OF GROUND, lying on the road leading from the market-house through Adam's Valley, containing 85 feet in front, on the road, on said road, and running upwards of 300 feet in the rear, with a brick Dwelling-house thereon, 48 feet in front, and may be divided into two tenements. 4. A LOT OF GROUND, lying on the fourth side of the main-street, near the Court House, 18 10-12 feet in front and 85 feet in depth, with some improvements thereon, now tenanted. 5. The unexpired term of 25 years of a lease on a LOT OF GROUND, with several tenements thereon, lying on the main-street, near Saml. Esgl's Stone-house containing 22 feet in front, and running 85 feet deep to the back street.
A more particular description of the property will be given at the time of sale. JOHN G. SMITH, } Trustees. GEORGE FISHER, } June 24. W.F.
ROYSTER & BOHANNAN.
Respectfully inform their friends and the public generally, that they have just received a general assortment of
GROCERIES,
which they will sell low for cash, country produce, or good acceptances in town: —AMONGST WHICH ARE— BROWN Sugar in barrels and hds. Madeira } Loaf, do. do. } Sherry } Coffee in barrels and } Lisbon } bags, } Malt } Imperial } Affortment of Jugs 3 & 4 } Young Hyson } gals. each. } Hyson Skin } Bst Cognac Brandy, } Pepper, } Holland Gin, } Pimento, } Country ditto, } Nutmegs, } Apple Brandy, } Antigua } Pine and 4 pint Tumblers, } W. India } do. do. Decanters, } N. England } London Malt by Box, } Molasses in hds. & bls } Flying Cards assorted, } Whiskey in ditto, } Cotton do. of sq. ply, } Sack Salt, } A few pieces India Cottons, } Crates ware assorted, } with a number of other } Leaper's Snuff, } articles, which they } Hibbert's brown Stout } mean to keep constantly } and Porter, } on hand.
FOR LIVERPOOL,
One hundred Bbls. TOR ACCO warranted on freight at 80¢ per Hh. and 5 per cent primage, per the American Register Ship,
MINERVA, Captain KEELE, Apply to Brown and Rivet, Richmond, or to ALEXANDER LECKIE, or THOMAS WILLOCK. Norfolk, June 24. ephw.
WANTED,
A YOUNG MULATTO or NEGRO MAN, who understands driving a Carriage well and taking care of Horses. He must, moreover, be well recommended for honesty, industry and good principles—one raised in the country would be preferred. Cash will be given for a MAN of the above description.—Enquire of the Printer. June 24. Law9w.
William and Mary College, June 18th, 1807. The second Semiannual Examination of the different Classes, will commence on Tuesday the 30th of this month, at 10 o'clock, A. M. Oration will be delivered as usual, on the 4th of JULY. J. MADISON, President. June 24.

Europe.
BOSTON, June 11.
The arrival at this port, yesterday, of the Strab and Eliza, Holland, from Liverpool, has furnished us with some late and interesting articles of foreign intelligence. Our limits would not admit of copious selections. But such as we have made, tho' greatly condensed from the original matter, will be found to contain the prominent points of news.
LONDON,
April 26.—That part of the Ripulated subsidy (amounting to about half a million) which remained due to the Emperor of Austria, has been lately sent off.
They write from Vienna, the 4th instant, that the Emperor had set off from Buda on the preceding day at eight in the morning. After opening the Hungarian Diet, the Emperor will proceed to Semlin and to Gallicia, to survey the Austrian cordon on the frontiers. The Archduke Charles will proceed on the same journey on the 6th or 7th of April.
A letter from Danzick, of the 4th says: "Twenty thousand men mostly Poles, are lying round that place. Gen. Kalkreuth has arrived with a reinforcement of 2000 Cossacks, and has taken the command of the place. We are taking the most efficient means of defence.—The suburbs are already destroyed, so that 8000 people are without house or home. A very strict military police is established in the interior. No assemblies are permitted in the streets, or any of the public places. The French armies are in motion in every quarter.—The Italian Army has commenced its march for Turkey, through Bosnia.—It is stated to be 100,000 strong. It was formerly under the command of Massena, but since he had been called into Poland, it is supposed that Augereau will be appointed in his place."
DISSOLUTION OF PARLIAMENT.
HOUSE OF LORDS.
London, April 27. The Lord Chancellor, in his Majesty's name, delivered the following
SPEECH.
"My Lords and Gentlemen, We have in command from his majesty to inform you that his majesty has thought fit to avail himself of the first moment which would admit of the interruption of the sitting of Parliament, without material inconvenience to the public business to close the present session; and that his majesty has therefore been pleased to cause a commission to be issued, under the great seal for proroguing parliament."
"We are further commanded to state to you, that his majesty is anxious to recur to the sense of his people, while the events which have recently taken place are yet fresh in their recollection."
"His majesty feels that in referring to this measure, under the present circumstances, he at once demonstrates in the most unequivocal manner, his own conscientious persuasion of the rectitude of those motives upon which he has acted; and affords to his people the best opportunity of testifying their determination to support him in every exercise of the prerogatives of his crown, which are conformable to the sacred obligations under which they are held, and conducive to the welfare of his kingdom, and to the security of the constitution."
"His majesty directs us to express his entire conviction, that after so long a reign, marked by a series of indulgences to his Roman Catholic subjects, they, in common with every other class of his people, must feel assured of his attachment to the principles of a just and enlightened toleration; and of his anxious desire to protect equally and to promote impartially, the happiness of all descriptions of his subjects."
"Gentlemen of the House of Commons, His majesty has commanded us to thank you, in his majesty's name, for the supplies which you have furnished for the public service."
"He has seen with great satisfaction, that you have been able to find the means of defraying, in the present year, those large but necessary expenses, for which you have provided, without imposing upon his people the immediate burden of additional taxes."
"His majesty has observed with no less satisfaction the inquiries which you have instituted into subjects connected with public economy. And he trusts that the early attention of the new parliament, which he will forthwith direct to be called, will be applied to the prosecution of these important objects."
"My Lords and Gentlemen, His majesty has directed us most earnestly to recommend to you, that you should cultivate, by all means, your power, a spirit of union, harmony and good will amongst all classes and descriptions of his people."
"His majesty trusts that the divisions naturally and unavoidably excited by the late unfortunate and unsearchable question of a question so interesting to the feeling and opinions of his people, will speedily pass away; and that the prevailing sense and determination of all his subjects to exert their united efforts in the cause of their country, will enable his majesty to conduct to an honorable and secure termination, the great contest in which he is engaged."
The Lord Chancellor then, in his majesty's name, and by virtue of the said commission, declared the parliament to be prorogued to Wednesday, the 12th of May next.
The Lords Commissioners withdrew from the House, and the Commons retired from the bar.
There were circumstances in the manner of proroguing Parliament yesterday which we feel it to be our duty to lay before our readers. They unfortunately gave too much sanction to the report which prevailed that the prorogation was owing to other causes than his majesty's anxiety "to recur to the sense of his people, while the events which have recently taken place were yet fresh in their recollection."
For a considerable time before the Speaker came to the house, the Deputy Usher of the Black Rod waited for him behind the bar. The Speaker came precisely at five minutes past three o'clock, and the Deputy Usher then retired to the outside of the door. Prayers being read as usual, the Speaker immediately proceeded to count the house, but, before he had counted four, the deputy usher knocked at the door and entered. The speaker immediately took the chair, the black rod, according to parliamentary usage, dispensing with the necessity of the usual numbers requisite to form a house. The deputy usher then, in the usual form, summoned the house to the house of Peers, to hear the commission for prorogation read. The Speaker, with most of the members present, proceeded to the house of Peers. He returned in about 20 minutes, read the speech at the table, according to the usual custom, and retired. Thus terminated a manner peculiarly abrupt and unexpected, after sitting four months
and eight days, the first and only session of the third Parliament of the United Kingdom of G. B. and Ireland.
April 28.—We are enabled, from personal observation, to furnish our readers with the clue to all this management, to many of whom it would otherwise be unintelligible. The Finance committee of the house of commons met yesterday, and had prepared a report to be submitted to the house. The members of the committee were in the house, one of them, Mr. Giles, in the absence of Mr. Bankes, the Chairman, was waiting below the bar to present the report. That, consistent with the usages of the house, could not be done until the Speaker had taken the chair. While he was going through the necessary ceremony of counting the house, to ascertain if 40 members were present, the usher of the black rod, who, as we have stated, was in attendance at the door during the time of prayers, knocked, and being introduced, summoned the house to the house of peers. The manoeuvre has succeeded to a certain extent. It has prevented the formal presentation of the report, and consequently all possibility of its becoming, as such, a subject of parliamentary discussion.
The report, as we understand, states in substance, that a sum of 19,800l. had been applied by a late paymaster of the forces to his own use, and that this fact came to the knowledge of his colleague, who did not give any direction to the clerks on the subject. It also states, that the committee had discovered other and great abuses in the public money concerns, on which they should shortly proceed to report. This, according to the rumours which were circulated yesterday in both houses, is supposed to allude to a farther discovery of public plunder, an enquiry into which would have involved persons high in station and in office.
This however, we trust, is but a temporary escape from detection and disgrace.—Parliament must meet again before the 5th of July, as the whole of the annual acts relating to the Irish Customs expire on that day. To re-enact these, the legislature must be re-assembled. We should think poorly, indeed, of the virtue of our countrymen, if some member should not be found in the next parliament, with spirit & patriotism enough to seize the first opportunity that should offer, of making such malversations the subject of public discussion.
The writs for the general election were, we understand, issued from the crown office this day, at noon. The proclamation for dissolving parliament will appear in this night's Gazette.
OF TURKEY.
Government are in hourly expectation of the arrival of dispatches from Admiral Duckworth. There is a mystery in his proceedings before Constantinople, which must continue inexplicable until they arrive.—He was furnished with ample means of destroying the town; his instructions were positive and so full as to suit every possible exigency. Even the number of minutes during which he was to wait for an answer to the proposals transmitted to the Divan, was specified.
EXPECTED ARMISTICE.
No intelligence from the continent has reached us this morning. It is a prevailing opinion that an armistice has taken place between the armies in Poland.
SPECK OF PEACE.
It was rumoured yesterday that a cartel had arrived from France, and that some pacific proposal had been made to our government. Stocks in consequence experienced a rise. We cannot find out, however, that any communication has been made from the French to our government. There was a rumour too, last night, an ungrounded one, we believe, of an armistice between Russia and France.
Accounts from various parts of the continent agree, that during the late cessation of military movements, some negotiations for a peace were entered into—and in fact, they go so far as to state, that an armistice had absolutely been concluded; but this needs confirmation.
POLITICAL RETROSPECT.
No intelligence of any importance has been received from the continent. Paris papers to the 17th, and Dutch to the 23d inst. have come to hand, they contain the 69th Bulletin of the French army, dated at Finkenhein on the 4th. It states, that not a shot had been fired at the advanced posts during the 15 preceding days. It is supposed that this suspension of active hostilities is connected, in some degree, with the negotiations for peace, which are said to be carrying on at Memel, as it were, in the presence of the King of Prussia and the Emperor of Russia, have been for some time at that place. Both armies have received considerable reinforcements. The French are making the most active preparations.—They continue to drain the country behind them of every disposable man, in order to strengthen themselves for a conflict, which, should it take place, will be decisive of the fate of Europe. In the event of the result of this conflict being against them, they are putting the fortresses they possess on the Vistula in the most effectual state of defence, while they continue to push the sieges of Danzick and Coblentz with increased activity. The contending powers must now be able to estimate their ability to do each other all the mischief originally intended, and by this time must be heartily tired of a contest, calculated to produce ruin and destruction to all the parties engaged in it.
The real state of British affairs at Constantinople is involved in the thickest veil of mystery: no official accounts have been received from Admiral Duckworth, and the whole of the accounts of the British fleet having passed out of the Straits, must be mere rumour and conjecture.
The Russian Emperor Alexander has certainly reached Memel; and his brother the Archduke Constantine, Koningsberg. Immediately on their joining the army it was expected some general movement would take place. The king of Prussia was also at Memel.
The Russian and French armies are not more than 25 German miles distant from each other. Great hopes were entertained that Austria would shortly break from the degrading restraint under which she has been long held by France.
The Swedes are said to have taken the field with considerable force—and already to have possessed themselves of Rostock, Prenzlau and several other places. The spirited conduct of Sweden has not only produced the important event of causing the French to raise the siege of Stralsund, but likewise the complete expulsion of the French from the whole of Swedish Pomerania. The particulars of these events have been officially announced to our government.
The accounts from Vienna are to the 5th. The emperor had set out on the preceding day for Buda, to meet the Hungarian Diet, after which it was supposed he would proceed to visit the Austrian Cordon upon the frontiers.
The Arch Duke was expected to follow him in a few days.
The decree for calling out the conscription of 1808, executed with uncommon rigour and dispatch throughout the different departments of France. All attempts to invade it are punished with unexampled severity. The lists or registers are all to be completed by the end of April. The actual enrollment and march to the frontiers will not be delayed long after.
If we were to credit the reports from the continent, received through French channels, we should be inclined to believe that the expedition through the Dardanelles had completely failed; but when we reflect on the character of the officer entrusted with that important affair, and on the knowledge we now possess, that he was to waste but one hour in negotiation; and after that period, if not successful, to bombard the capital, we doubt the truth of them all. It is also well known that he received a considerable reinforcement of ships.
The report of a pacific negotiation having been opened between Russia and Prussia on the one part, and France on the other, can have little foundation in truth, as on the contrary we find, that new levies of troops and new supplies of arms are daily sent off to the Russian Grand Army;—that Sweden has taken an active part in the war; and Austria expected to throw her weight into the scale.
Every thing is in motion along the naval ports. A squadron at Harwich is in motion, and immediately expected to sail on some important service. The 70th and 92d regiments are to embark on board the fleet.
There is no doubt but our government will immediately take possession of Hamburg. The Dutch (French) troops at that place are not numerous—and greatly dissatisfied with the conduct of the French.
A great dearth of provisions is said to prevail in the Republic of the Seven Islands.
Our Dover letter states that a heavy firing took place on the opposite French coast on Saturday evening, but the cause was unknown. A circumstance of this kind always excites considerable interest, as the French announce their victories and other important events in this way.
It is the intention of ministers to entirely abolish the new financial system, introduced by Lord Grenville and Henry Petty, and to revive the old system.
A correspondence has taken place between Mr. Secretary Canning and Mr. MUNROE, in which the former is authorised thus officially to state the disapprobation of the Admiralty at the conduct of certain British commanders, in having warned some American ships from entering the port of Antwerp.
NATIONAL FRIENDSHIP.
On Saturday last, a very elegant dinner was given at the London Tavern, by the British Merchants, trading to North America, to Mr. MUNROE, the Minister from the U. States of America.
The company was very numerous and highly respectable—Among the visitors were Mr. PINCKNEY, (who it is understood is to succeed Mr. Munroe) the Chancellor of the Exchequer, Lord Mulgrave, Castlereagh, and Erskine; Sir William Scott, Mr. Canning, Mr. Rose, &c. PHILIP SAN SAM, Esq. the Chairman of the Committee of American Merchants, who presided on the occasion, filled the chair with great ability and to the highest gratification of the company. The day was passed with the utmost harmony and good humour, and at the same time, with a degree of order which has seldom been witnessed on such occasions. The TOASTS were—
The King. The Queen. The Prince of Wales, &c.
And the following, from the Chairman, were received with bursts of applause, as particularly appropriate to the object of the meeting:—
The President of the United States of America.
Perpetual friendship between Great Britain and the United States of America.
Mr. MUNROE.
Mr. PINCKNEY.
The Honorable Mr. ERSKINE, the British Minister to the United States of America.
Upon the health of Mr. MUNROE being given, that gentleman addressed the company in a feeling, energetic speech, expressive of the high sense he had of the compliment paid to him, and the pleasure he felt at the unanimity that prevailed.
Mr. PINCKNEY, also, upon his Health being drunk, addressed the company in an eloquent speech, expressing similar sentiments.
Before the visitors withdrew, Mr. Canning, the Secretary of Foreign Affairs, gave the following toast:
May the British and Americans never meet on terms less friendly than they have done this day.
Which was drunk with the utmost satisfaction.
The situation in which the military affairs of the Continent stood at our last dates, renders it pretty certain, that a great and decisive battle has taken place ere this.—Report is busy in flating the fact, and numbering the loss of the French, in killed alone, at 30,000 men; but this we do not credit. Rumour also states, that Jerome Bonaparte, has been surprised and taken prisoner by the Prussians.
The Houses of Hope, Wills & Co. have agreed to furnish the Dutch government with a loan of 40,000,000 ducats. The contractors it is said, will be permitted to carry on a trade with England, in certain articles of commerce, hitherto prohibited by the government of Holland.
FRENCH AID TO TURKEY.
Frontiers of Italy, March 6.
The greater part of the French troops intended for the Turkish expedition, have been assembled since the 15th of February in the Venetian territory. Some detachments have set out for Istria and Dalmatia where they will go into cantonments until the arrival of the remainder of the army.—The court of Vienna granted without hesitation a passage through its territory to these troops; they take the usual route, which passed within a quarter of a league of Trieste. It is said that Marshal Brune has been named by the Emperor, Commander in chief of this army, which already consists of 40,000 men, and will as we are informed be augmented to 60,000 by means of the reinforcements which are on their march as well from the departments of France as from the kingdom of Naples.—The French troops which are already in Dalmatia, under the orders of General Lauriston will preserve their particular destination, and will not be united to the expeditionary army.
NEW-YORK, June 15.
Arrived, ship Isabella, Higgins, Bordeaux, 40 days; ship Navigator, Brown, Bordeaux, 40. Sailed May 2d, and left there ship Lorenzo, Dill, of and for Philadelphia in 15 days;
Ship Protector, from Canton, is coming upon a long passage.
Paris papers to the 26th, and Bordeaux, of the 30th April, are received by the Isabella. They announce no events of consequence, and bring down the Bulletins no later than the 20th. Verbal accounts from France, represent the prevalence of a spirit of great dissatisfaction to the present system of government. The war, which is draining the country of its choicest population, and exhausting its internal resources, is a theme of great discontent with every class of people.
The Paris Argus of the 23d April, in announcing the receipt of information of the rejection of the British treaty by the American administration, observes that this act is an evidence that the Americans are becoming more and more jealous of their maritime independence. It proceeds thus:—The French Imperial Decree which orders the confiscation of all English Merchandise found in ports occupied by the French armies, had excited apprehensions that some American property might be involved in it, but the explanations since given, have fully satisfied the Merchants of the U. S. All news coming from the Continent of Europe, is greatly caught up there. From this eagerness it may be seen that the nations apparently the greatest strangers to this war, have a real interest in the success of the cause of the French, and the Americans above all have already to congratulate themselves, that the greatness of the efforts which the English government is obliged to make against France, obliges it to relax from the tyranny which it exercised over their trade."
SIXTY-NINTH BULLETIN OF THE GRAND ARMY.
FINKENSTEIN, April 4.
The orderly gens d'armes have arrived at Marienwerder. Marshal Bessieres has set out to review them. They have behaved very well, and displayed much bravery in the different affairs they have been engaged in.
Gen. Teule, who has hitherto conducted the blockade of Colberg, has given proofs of his activity and talents. The general of division, Lefebvre, has taken the command before Colberg. On the 19th of March the redoubts of Seelow were attacked and carried by the first regiment of the Italian light infantry. The garrison made a sortie, but were repulsed by a company of carabineers of the first light regiment, and another of dragons.
The voltigeurs of the 19th regiment of the line distinguished themselves at the attack of the village of Altdamm. The enemy, in their affairs, lost three pieces of cannon, and had 200 men made prisoners.
Marshal Lefebvre commands the siege of Danzick. Gen. Lariboissiere commands the artillery. This corps, on all occasions, justifies that reputation of superiority which it has so well acquired. The French artillery justly merit the distinction of select men. We are well satisfied with the manner in which the battalions of the train have served.
The Emperor has received a deputation from the Chamber of Marienwerder, at Finkenhein, composed of M. le Compte de Groeben, the Counsellor Baron de Schleinitz, and the Compte de Dohna, Director of the Chamber. The deputation has exhibited to his majesty a picture of the calamities which the war has drawn upon the inhabitants. The emperor let them see that he was affected, and gave them to understand that he would exempt that place as well as Elbing, from extraordinary contributions. He observed, there were evils inseparable from war; that he would, notwithstanding, interest himself in favour of the inhabitants, and do every thing in his power to alleviate their sufferings.
It is thought his majesty will go to-day to Marienwerder and Elbing.
The second Bavarian division has arrived at Warsaw. The Prince Royal is gone to Pulusk, to take the command of the first division. The hereditary Prince of Baden is going to put himself at the head of his corps at Danzick. The contingent of Sax-Weimar has arrived upon the Warthe. A single shot has not been fired by the advanced posts of the armies these fifteen days past.
The heat of the sun begins to be felt; still all is frozen. The spring is very backward in these parts.
Couriers from Constantinople and Persia frequently arrive at the head-quarters.
The health of the emperor continues excellent. It is even remarked that he seems better than ever. There have been days when his majesty has rode forty leagues on horseback. Last week it was thought at Warsaw that his majesty had arrived there at ten o'clock at night; and very soon after the whole city was spontaneously illuminated.
Pragu, Sierock, Modlen, Thorn, and Marienberg, begin to be in a state of defence; the works of Marienberg are already traced out. All these places form têtes de pont upon the Vistula.
The emperor praises the activity of marshal Kellermann, in forming provisional regiments, many of which have joined the army within very good time, and have been incorporated. His majesty is equally satisfied with general Clark, governor of Berlin, whose zeal, activity, and talents, are equal to the important post confided to him.
Prince Jerome, commandant of the troops in Silesia, exhibits proofs of great activity, with talents and prudence which in general are the results of long experience only.
FRENCH GRAND ARMY.
SEVENTH BULLETIN.
Finkenhein, April 9.—A party of 400 Prussians who had embarked at Koningsberg, has debarked on the peninsula opposite Pillau, and advanced towards the village of Carlsberg. M. Mainguenaud, aide-de-camp to Marshal Lefebvre, proceeded for that point, with some men. He so ably manoeuvred as to carry off the 400 Prussians, among whom were 120 cavalry.
Several Russian regiments have entered the city of Danzick by water. The garrison has made several sorties. The Polish legion of the north and Prince Michel Radzivil who commands it, have distinguished themselves;—They have made about 40 of the Russian prisoners. The siege is continued with vigour. The artillery for it has begun to arrive.
There is nothing new at the different points of the army.
The Emperor has returned from an excursion he had made to Marienwerder, and to the têtes de pont on the Vistula. He has reviewed the 12th regiment of light infantry and the gens-d'armes d'ordonnance.
The ground, the lakes, (of which the country is full) and the small rivers, have begun to thaw—There is not however, the smallest appearance of vegetation."
Late from the Mediterranean.—A gentleman, who came passenger in the ship Thomas, arrived at Boston on Wednesday last, from Marseilles, left from Malaga, states, that the American Consul at the latter place, informed him of official accounts having been received, that Peace had actually taken place between the Ot-
oman Porte and Russia, and that this event was however not effected until after a severe and destructive battle between the Russian and Turkish fleets, in which the former were victorious, but with the loss of a great many killed and wounded, and the blowing up of one of its largest ships of war.
Sales at Auction.
On WEDNESDAY the 24th inst. will be sold, by
Brooks, without reserve, about Eight Thousand
Dollars worth of fresh Imported
DRY GOODS,
consisting of CALICOES and Chintz, white and black Cambrics, Ladies fine cotton Hose, fine cotton Shirtings, Irish Sheetings, Bandanas and Madras Handkerchiefs, brown Pittellas, German Dowlas, Cotton Kerseymeres, Chambray Mullins and Ginghams, Furniture Calicoes, Germantown Priests, coloured Cambrics, elegant worked Shawls, 6-4 Cambric and other Dimity, silk and cotton Umbrellas.
A FEW BALES OF Sennahs, Bafas and Coitas, one bale of Gilla Hika and a variety of other articles.
TERMS OF SALE.—All sums of 100 dollars, and under cash—between 100 dollars and 300 dollars, 90 days—over 300 dollars, six months credit will be given.
Notes negotiable at the Bank, with approved endorser will be required.
June 17. Darnall, Foster & Satchell. apd.
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. Adair, 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 Mosby, William Woodson and others, and containing, by estimation, 360 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. it.
May 20.
WILL BE SOLD,
AT PUBLIC AUCTION,
At the Eagle-Tavern, in the City of Richmond, on
THURSDAY the 24th day of July next, if fair,
if not, the next fair day thereafter,
A VALUABLE TRACT OF LAND, contain-
ing 180 acres, more or less, lying in the lower
end of the County of Louisa, whereon Thomas
Wadi 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 Vir-
ginia, with an approved endorser or endorsers, and
a Deed of Trust on the property to secure the pay-
ment of said note.
TAYLOR & BROWN,
Trustees for the Creditors of Mr. George Greenhow.
June 10. tdf.
By virtue of a Deed of Trust, executed to us by Mr. Wil-
iam Skipwith, for the purpose of securing the payment
of a certain sum of money, therein mentioned—due July 1,
on Monday the 20th of the ensuing months, between the
hours of one and three o'clock, proceed to sell, at the
Eagle-Tavern, in the City of Richmond, at the Light
of 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