Virginia Argus (Richmond, Va.), 1807-04-07 00:00:00

VIRGINIA ARGUS
[XIVth YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1343]
RICHMOND:—PRINTED (ON TUESDAYS AND FRIDAYS) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
[Four Dollars Per Annum—paid in Advance.]
TUESDAY, APRIL 7, 1807.
[12 1-2 Cents Single.]
RICHMOND PRICE CURRENT.
  (CORRECTED WEEKLY.)    TOBACCO, $ 5 50 CASH.  WHISKEY, 1 12 do.  FLOUR, superfine, 6 25 do.  FLOUR, fine, 5 75 do.  CORN, 4 50 do.  Hemp, clean, (per ton) 200 00 do.  IRON, 120 00 do.  BACON, 12 do.  PORK, none. do.  WHISKEY, 52 do.  
BUCKINGHAM COUNTY JANUARY COURT, 1807.
Hobson & St. John, plaintiffs, IN CHANCERY Against Charles Matthews, Walter Irvine, John Irvine and Samuel Bransford, defendants.
ON the motion of the plaintiffs by their counsel, and it appearing to the satisfaction of the court that the defendant Matthews has removed himself without the jurisdiction of this court to parts unknown, It is ordered and decreed , that unless he shall appear here on or before May court next and answer the plaintiffs' bill; the court will then proceed to take the same for confessed as to him, and decree the matter thereof accordingly; and that a copy of this order be forthwith published in some public newspaper of the city of Richmond for two months successively, and another copy be posted up at the front door of the courthouse of this county.
A copy, Teste, R. ELDRIDGE, Jr. D.
UNITED STATES' COURT, FIFTH CIRCUIT, and VIRGINIA DISTRICT, November Term, 1807.
John and Jane Beckhouse, adm'r. and adm'x. de bonis non, of John Beckhouse, deceased, plaintiffs, IN CHANCERY Against Richard C. Johnson, ex'r. of Thomas Johnson, sen. who was ex'r. of John Boswell, Richard C. Johnson, John B. Johnson and others, defts.
THE defendant John B. Johnson, not having entered his appearance and given security according to a rule of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this district; It is ordered , that the said deft. do appear here on the first day of the next term, and answer the pts.' bill, and that a copy of this order be forthwith inserted in some one of the newspapers published in the city of Richmond, for two months successively, and posted at the front door of the capitol in the said city.
A copy, Teste, WM. MARSHALL, Clk.
LOUISA COUNTY, FEBRUARY COURT, 1807.
Lancelott Minor, complt. IN CHANCERY Against John Hawkins and Thomas Shelton, defts.
THE defendant John Hawkins 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 state: Therefore , on the motion of the complainant by his attorney, It is ordered and decreed by the court that the said defendant (Hawkins) do appear here on the second Monday in April next and answer the complt.'s bill; and that a copy of this order be forthwith inserted in some one of the public newspapers published in the city of Richmond for eight weeks successively, and posted at the front door of this courthouse on some court day.
A copy, Teste, JOHN POINDEXTER, C. L. C.
UNITED STATES' COURT, FIFTH CIRCUIT, and VIRGINIA DISTRICT, November Term, 1806.
Lewis Morgan and Hester Morgan, ex'r. and ex'x. of the last will and testament of Benjamin Morgan, dec'd, plaintiffs, IN CHANCERY Against Alexander Banks, adm'r. &c. of Thomas Banks, dec. who was one of the ex'rs. of Jacob Rubsamen, dec'd and Jacob Baltazar Rubsamen and Maria Catherine Rubsamen and Frederick Augustus Kuhn, D. M. and James Lyle, sen. defts.
THE same, defts. THE deft. Frederick Augustus Kuhn, D. M. not having entered his appearance and given security according to a rule of this court; and it appearing to the satisfaction of the court that he is not an inhabitant of this district: On the motion of the pts. by their counsel, It is ordered , that the said deft. do appear here on the first day of the next term, and answer the pts.' bills respectively; and that a copy of this order be forthwith inserted in some one of the newspapers published in the city of Richmond for two months successively, and posted at the front door of the capitol in the said city.
A copy, Teste, WM. MARSHALL, Clk.
FOR SALE AT S. PLEASANTS' BOOK STORE, HENRY'S
New Virginia Justice, Containing the Duties of a Justice of Peace, &c. together with a variety of useful precedents, adapted to the laws now in force. Also, forms of conveyancing, such as deeds of bargain and sale, lease and release, mortgage, trust, &c.
Female Education.
THE Trustees of the Academy for Female Education, established in the City of Richmond, are happy to inform the public that the Academy is now open for the reception of pupils, in the house lately occupied by James Penn, Esq. under the superintendence of Mrs. ANNA BYRD. The branches of education, the names of the teachers employed, and the compensations to be paid to each, by the parents or guardians of the young ladies instructed by them, are as follows:—
 1. Reading and writing the English Tongue grammatically, Arithmetic and Needle-work; Mrs. Anna Byrd teacher; at the rate of twenty dollars per annum.  2. Geography and History; the Rev. John D. Blair teacher; at the rate of fifteen dollars per annum.  3. The general principles of moral and natural Philosophy, and natural History; the Rev. John D. Blair teacher; at the rate of fifteen dollars per annum.  4. The French Language; Mr. John Mongrand teacher; at the rate of twenty dollars per annum. He is to give five lessons a week to each of his pupils.  5. Music; Mr. Auguste Peticolas teacher; at the rate of forty dollars per annum. He is to give three lessons a week to each of his pupils.  6. Dancing; Mr. John Lataste teacher; at the rate of twenty dollars per annum. He will attend at the Academy once a week, viz. on every Saturday, for the purpose of instructing such pupils as shall be entrusted to his tuition.  7. Drawing; Mr. Auguste Peticolas teacher; at the rate of twenty dollars per annum, and will give three lessons a week to each of his pupils. 
The said compensations are payable quarterly in advance; and the parent or guardian of each pupil is to furnish such books and stationery for her use, as shall be directed by the respective teachers. Each pupil is to be taught such only of the said branches of education as her parent or guardian shall direct; except that no pupil shall be taught Music, Drawing or Dancing, without being also instructed in some one or more of the other branches of education taught in the Academy; and that a standing committee of the Trustees (consisting of nine members, or a majority of the said nine) with the assistance of the teacher of the branch of education to which any pupil is proposed to be advanced, are empowered to judge of the progress in science, and decide upon the qualifications of such pupil to be admitted to attend such teacher.
The standing committee are to visit the Academy from time to time, to examine the pupils for the purpose of discovering their progress in improvement; also to observe the conduct of the superintendent and other teachers; and make a general report of the state of the institution, at least four times in every year to a meeting of the Trustees. They are moreover to grant such tokens of applause, as they shall deem expedient, to such of the pupils as, in their judgment, shall deserve them; and also to censure those who shall appear to have neglected their studies, or to have been guilty of any improper conduct.
The young ladies sent to the Academy by persons not residing in this city are to board and lodge with Mrs. Byrd, whose compensation for boarding and lodging each pupil, (including washing, fire and candles,) is one hundred and fifty dollars per Annum, payable quarterly in advance.
The times of vacation will be from the 1st day of August to the first day of September, and from the 23d day of December to the 31st day of the same month, in each year. Having now completely put in operation this useful institution, the trustees cannot refrain from congratulating their fellow-citizens on the excellent opportunity which is now presented for the education of their daughters, at an Academy where they may be instructed on very moderate terms, in every general accomplishment, and useful branch of science, by teachers of irreproachable characters and undoubted abilities; and will be under the superintendence of a lady of great respectability, particularly charged with the care of their moral conduct and improvement of their manners.
The trustees flatter themselves therefore that it will meet with the most liberal encouragement. A subscription has been opened for the purpose of raising money to pay the rent, for the present year, of the house now occupied by the Academy; and to purchase that house or some other equally convenient for its permanent establishment, together with a Forte-Piano and a set of Globes for the use of the pupils. The patronage of the wealthy and generous is respectfully solicited, and a large subscription, it is hoped, will be obtained in a short time. Subscription papers are entrusted to many gentlemen in different parts of the country, and to each of the Trustees; who are William H. Cabell, Alexander M'Rae, Alexander Stuart, William W. Hening, William Munford, Lewis Harvie, Creed Taylor, Edward Carrington, James Penn, Thomas Rutherford, Henry S. Shore, John Buchanan, John D. Blair, Edmund Randolph, George Hay, William Wirt, William Moseley, William Price, (Register) Robert Gamble, William Foushee, John Adams, John Brockenbrough, George Pickett and James Greenhow.
Richmond, March 5th, 1807. wft The printers of newspapers in Virginia, are requested to promote the advancement of education and the good of the public by inserting the above advertisement at least once in their respective papers.
Valuable property for sale.
ON Friday, the 20th day of March next, on the premises, will be SOLD, to the highest bidder,
A Valuable tract of Land,
Belonging to the estate of Duncan McLaughlan, dec. lying in the county of Fluvanna, about one mile above the courthouse; containing about 300 acres, on both sides of the Cunningham Creek, and about half a mile from its junction with the Rivanna river. On this Land, is a Plantation of about 100 or 150 acres of cleared land, a great part fresh, a small Dwelling House and some out houses: but the greatest object (it is presumed) to a purchaser, will be the Mill thereon, which with a little repair to the dam, would be one of the most valuable in the upper country; having two pair of stones now constantly running; and notwithstanding the last summer's drought, and a considerable leak in the dam, was but a short time without grinding water. Also, about 20 remarkable likely Negro Slaves, consisting of Men, Women, Boys, &c.—Also, the stock of Horses, Mules, Cattle, Hogs, Plantation Tools and Household Furniture.—The terms of sale, will be; for the Land, a credit for one half the purchase money, until the first day of January next, and for the balance until the first day of January, 1809.—For the Slaves and Stock, a credit until the first of January next, except a small proportion of Cash, which will be made known on the day of sale. Bonds and approved security will be required of the purchasers, to carry interest from the date, if not punctually paid when due, as to the slaves, stock, &c.; and in addition, as to the Land, a deed of trust on the same to secure the payment.
JOHN QUARLES, Acting Ex'r. Feb. 19, 1807. N. B. Three of the above mentioned slaves are good Boatmen.
The sale of the above property has been postponed till Fluvanna April court next; at which time it will take place at the courthouse. J. Q. March 27th, 1807. tds
Will be Sold,
AT Hanover courthouse, on Wednesday the 27th day of May next, if fair, and if not fair, on the first fair day thereafter, the TRACT OF LAND , whereon Samuel Richardson, Jr. now resides, to satisfy George Street & Co. the sum of £134 6, with interest thereon from the 7th of June, 1803, till paid and costs; in conformity to a decree of the County Court of Hanover, pronounced on the 27th day of February, 1805, in a suit then depending in the said court between the said parties. The COMMISSIONERS. Hanover, 1st April, 1807. idell
Stolen,
FROM the subscriber, living near Pocahontas bridge, in the county of Chesterfield, on the 12th instant, a bright sorrel HORSE, judged to be eight years old, 14 hands high, short bushy tail, hanging mane, and a small blaze in his face; is in pretty good order; both shoulders have been lately rubbed with the gear. He was seen between here and Richmond, on the above mentioned day, and I have every reason to believe he is stolen. Whoever will deliver the said horse to me, and secure the thief, shall receive a reward of fifteen dollars, or for the horse alone, shall be liberally rewarded.
D. PECK, Smith. March 19, 1807. at
New Books
 Just received and for sale at this Office, Vol. 3d. Part 2d, of No. 6, of 1906, Reed's new Cyclopaedia.  Ferguson's Lecture on select subjects, in Mechanics, Hydrostatics, Hydraulics, Pneumatics, Optics, Geography, Astronomy, and Dialing—a new edition, corrected and enlarged, and adapted to the present state of the arts and sciences—carefully revised, and corrected by Robert Patterson, Professor of Mathematics and Teacher of Natural Philosophy in the University of Pennsylvania—in 2 vols. with a quarto vol. of Plates.  Walnut's Life of Charles James Fox.  Coleman's Collection of Facts and Documents relative to the Death of Gen. Alexander Hamilton.  The American Dispensary by Doct. Core, of Philadelphia.  The First Series of Virginia, an Historical Novel, exhibiting a view of the rise and progress of the Colony at James Town, &c.  Rural Economy—containing a treatise on PRIZE BULLOCKS on Buildings in general, particularly on the arrangement of those belonging to farms; on the culture of the vine; and on Turnpike Roads, with plates. By S. W. Johnson.  Powell on Devices.  A new edition of Walker's Pronouncing Dictionary, in Octavo.  Memoirs on the Law of Set-off.  Remarques on Elections.  The Philadelphia Vocabulary.  Carter's Cookery. 
Advertisement.
ALL persons having claims against the estate of John Epperson, dec. are requested to come forward and make them known by the 10th day of May next, as the administratrix is anxious to close her administration. This advertisement will be pleaded in bar against those who do not come forward within the time limited. BETSY ANN EPPERSON, Adm'x. March 29th, 1807. tM10
CONGRESS.
HOUSE OF REPRESENTATIVES.
WEDNESDAY FEB. 18.
After the transaction of some business of minor importance, the house resumed the consideration of the motion of Mr. Broom to refer his resolution relative to the writ of habeas corpus, to a committee of the whole house—Ayes 49—Noes 33.
MR. ELLIOT—Mr. Speaker, I made several efforts, sir, during the discussion of yesterday, to become entitled to the privilege of addressing yourself & the house upon the present question, in which I was unfortunately disappointed. Had I succeeded, my remarks would have been very concise, and I feel no disposition even now to render them tedious. I shall take occasion, however, at the outset, to declare that I experience none of that fastidious delicacy with which the minds of some gentlemen appear to be impressed, in relation to this motion. I have no ambition to be considered one of those "silly ducking observers, who trim their duties nicely," on a question of this character, on a subject of this magnitude; nor do I discover that profound darkness which the gentleman from Georgia (Mr. Early) has described. I grope in no gloom. All is light and luminous around me. The path is plain. The way is clear and environed with no difficulties.
Gentlemen have generally been disposed, and I think with great propriety, to consider the subject in two points of view. First, to examine the merits of the proposed resolution upon general principles, abstracted from all connection with events that have occurred, either recent or distant. Secondly, to consider the propriety of exercising the supreme legislative power, to preclude the recurrence of events which have sacrificed for a time "the holy attributes of the constitution," to borrow the language of the great violator of the constitution himself, at the shrine of military power.
Upon the first point, gentlemen who have expressed their sentiments have been unanimous, or nearly so, in declaring that legal provisions of the kind now contemplated ought to be made, at a proper time, if those now existing are insufficient and inoperative. Those who have told us that the British statutes upon the subject of the writ of habeas corpus, are in force in the United States, or even that it is doubtful whether they are so or not, need not have told us that they are not professional men; it was a work of supererogation. No professional man could for a moment entertain the idea that the statutes of Great Britain are laws of the United States. The question may be considered as undetermined, whether the common law of England, or any part of it, which has not been expressly recognized by our constitution and statutes, is law in the United States, considered in their federal character; it is at least well known that upon that question, a unanimous opinion does not exist in the first judicial tribunal of our country. For one, I do not believe that the United States, as the United States possess any code of common law. I know of no laws of the union but the constitution and the statutes.—That constitution & those statutes have recognized or rather referred to certain portions of the common law, and particularly to certain technical common law terms and rules, as rules of practice in the federal courts; and beyond those the courts have no common law powers. At all events we have not adopted any of the British statutes, & particularly, & by mere application too, statutes highly penal in their operation. The doctrine is too absurd to be countenanced, upon serious reflection, by any man of common discernment. The constitution has declared that "the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of invasion or rebellion, the public safety shall require it." But neither the constitution nor your laws have made it a positive duty of the courts to issue the writ in any particular case; still less have they secured the performance of that duty by any penal sanctions. Can it then be improper to provide means to coerce the courts and officers of the United States in this particular, and to leave to all our citizens, at all times and under all circumstances, such an invaluable constitutional privilege? Very few will deny or doubt the propriety of the measure. But many will say that it is ill timed, and the question of time naturally introduces us to the second scene of discussion.
It is said that it is improper at the present period to agitate the question now under consideration. In my apprehension the objection is a very strange one. The constitution has just been violated by the commander of your army; violated at the point of the bayonet, and in more than one or two of its most essential articles. In addition to the celebrated part of that instrument which prohibits the suspension of the habeas corpus, except by the supreme civil power in crises of great national danger, several of those ancillary articles which peculiarly secure the rights of the citizen, and the adoption of which, on that account, was necessary to reconcile the majority of the people to the original constitution itself, have been disregarded and derided by a military chief. I allude to the following articles, all of which have been violated in most of their essential provisions. "Art. 4. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated; and no war-
rants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
"Art. 5. No person shall be held to answer for a capital, or otherwise infamous crime, unless upon a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
"Art. 6. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence."
It is obvious that most of the privileges intended to be secured by these articles to all our citizens, have recently been denied to some of them, at the point of the bayonet, and under circumstances of peculiar violence. It may indeed be said that the privilege of the writ of habeas corpus was not denied in the first instance; that it could not be said to be suspended until the injured persons were placed in a situation which entitled them to demand it from the judicial power of their country. It is true that notwithstanding inter arma silent leges , although the laws were silent amid the thunder of arms, and although a thousand terrors hovered around those who dared to exercise their professional duties in support of the constitutional rights of the citizen, a writ of Habeas corpus was claimed and obtained; and I had supposed that the very singular return which is said to have been made to the writ, was placed on our official files. On searching them, however, I do not discover it; but it has been published in all the newspapers, & a copy of it is now before me, which I will read.
"The undersigned, commanding the army of the United States, takes on himself all responsibility for the arrest of Dr. Erick Bollman, on a charge of high treason against the United States, and his adopted measures for his safe delivery to the executive of the United States. It was after several consultations with the governor or two of the judges of this territory, that the undersigned has hazarded this step, for the national safety, menaced to its base, by a lawless band of traitors associated under Aaron Burr, whose accomplices are extended from New-York to this city. No man can in higher reverence the civil institutions of his country than the undersigned, and it is to maintain and perpetuate the holy attribute of the constitution, against the uplifted hand of violence, that he has interposed the force of arms in a moment of extreme peril, to seize upon Bollman as he will upon all others, without regard to standing or station, against whom satisfactory proofs may arise of a participation in the lawless combination."
"JAMES WILKINSON. Head quarters, army of the U. S. New Orleans, Dec. 17, 1806."
Here is a return, not of obedience to the laws, and high reverence for civil institutions, but of disobedience & defiance. The constitution is violated in order to preserve it inviolate! Prostrated in the dust by military power, for the purpose of maintaining and perpetuating its holy attributes. And what great national object was to be accomplished by such extraordinary measures? What necessity could exist of seizing one or two wandering conspirators, and transporting them fifteen hundred or two thousand miles from the constitutional scene of inquisition and trial, to place them particularly under the eye of the national government, when, if the opinion of the officer himself was correct, it would immediately become the duty of that government to suffer them to go at large? In regard to one of them, the general was uncertain whether he had committed a major or a minor crime; and the other he explicitly pronounced, as we learn from our official documents, guilty of misprision of treason, at all events a bailable offence. He says, "from the documents in my possession and the several communications, verbal as well as written, from the said Dr. Erick Bollman, on this subject, I feel no hesitation in declaring, under the solemn obligation of an oath, that he has committed misprision of treason against the U. S." Surely it is desirable to provide against the recurrence of scenes of this description. Or shall it be admitted that the whim, the caprice, the passion, or the ambition, of a martial chief, may supersede at will the most important checks and safeguards of the constitution?
But on this occasion the tocsin of party is sounded, and around the banners of party we must rally, or subject ourselves to new denunciation. I am not the champion of democracy, of federalism, or of any man or set of men; but I am, what every member of this house is bound by oath to be, the champion of the constitution of my country—a constitution unnecessarily assailed and rudely violated. While that proud edifice shall occupy its present situation, I will place myself before its walls, and face the foe, whether that foe shall be a Burr or any other military usurper; I will lean against its noble pillars, and, if it be destined

to sink beneath the shock, perish, amid the sublime ruin! On a question like the present, the minor interests of party should sleep. At any rate it must be suspected that there is a snake in the grass— lateat anguis in herba , a secret spirit of dissatisfaction with the administration of the national government, must be supposed to exist and to operate. Why so? Has the government avowed its approbation of its military chief? For me, I acquit the administration. The general has taken upon himself the responsibility attached to his conduct, and upon his shoulders let it rest. It is time, however, to be explicit upon this subject. I concede to the administration, integrity and general ability, but do not agree to the ascription to it of that infallibility and perfection, the belief of which constitutes, at the present moment, the criterion of exclusive republicanism. In truth, I have heard so much of the virtue, the patriotism, and the perfect wisdom of the present administration that I am not anxious to hear much more upon the subject. As I surround myself with no equivocations, as I envelope myself with no disguises, I openly and frankly declare that I am becoming a little sceptical. It may be as dangerous to wander in the wilds of political as in those of religious scepticism, but I must take the course pointed out by duty, and risk the consequences.
We must at least be suspected of being envious of the fame, or hostile to the character of general Wilkinson. To that officer I have once stood in the relation in which a soldier stands to his general; in that situation I was his friend, and even his partizan; and I have always considered him as possessing considerable military merit. I will admit, also, that in the present instance he has acted without corruption, and has only been more rash and arbitrary in his conduct, than a man of more prudence and reflection would have been. But I think I have heard a hint that it may turn out he is entitled to a statue of gold. Let me forewarn gentlemen not to commit themselves in favor of such a proposition. Let them wait the course of events, and prepare themselves for disclosures, which, if I am not mistaken, will convince every one that such a measure would at least be extremely improper. Whatever rumors may have reached us this morning from the western world, I should have held a very decided language upon this subject yesterday. If there is to be a golden statue in the case, I should prefer giving it to the gentleman from Delaware, who has drawn our attention to the present subject of discussion; as the agitator, however, of a subject, the agitation of which was extremely desirable, and, in my apprehension, indispensably necessary, is undoubtedly sufficiently rewarded by the consciousness of having performed what he deemed his duty. Again and again I warn gentlemen to abandon the idea of a statue of gold. From the same quarter we are told that the salus populi may have required and may justify the lex suprema of military despotism. This doctrine is unknown to the constitution.
That sacred record of our rights proclaims itself and itself alone (and the people, when they adopted it, ratified the decree) the lex suprema , the "supreme law of the land." It acknowledges no superior. It contemplates no case in which the law of arms can erect a throne upon its ruins. Again, we must be prepared for the insinuation that we countenance treason, and sympathize with traitors. It is surely wrong at this time to make our walls echo and re-echo, and the winds around us sing the charge of treason. Sub judice lis est . Let the courts decide. I have not seen "one jot or tittle" of evidence to prove the unfortunate persons now in confinement guilty of treason. Probably they may have been guilty of a misprision or mere knowledge of a mediated treason; and at all events their conduct has been such as to require years of sincere repentance to restore them to the confidence of society and their country. But upon general principles, without reference to any particular case, I hope that the resolution, which only contemplates the appointment of a committee, for the purpose of inquiry, will not, by any side way operation, be defeated and destroyed.
Mr. SLOAN. Like the gentleman from Vermont who has just sat down, I had a great desire yesterday to express a few words on the motion before the House, but I was not able to get a chance to address the House at that time. I must now beg leave to detain the House some time longer than would have been necessary then, in consequence of the lengthy speech we have heard from the gentleman from Vermont. That gentleman has said he will not only protect the constitution, but if it must die, he is willing to perish in its ruins. That gentleman I expect , alluded to ancient times, as he often does in his learned way; when he made that figure, I expect , to the case of Sampson, who after the loss of his sight, also perished in the ruins of the destruction which he had made.
I beg leave to ask whether this gentleman's sight does not also begin to be dimmed as Sampson's was. He says he begins to doubt the wisdom of our present administration, and the wise measures they pursue. I expect the sight of that gentleman is not only dim, but I am afraid he will be soon perfectly blind.
Some time ago, the gentleman from Vermont exhibited a scene of prolificancy which was never before paralleled in this House. He brought forth nine resolutions at once, and prefaced them by a long speech like that we have heard to-day, in which he attempted to expose to this House the danger in which we stood with foreign powers.
Those resolutions brought up to my mind, the recollection of a fable which I once read when I was young. It was in a book which I beg leave to recommend to the gentleman from Vermont, if he has never read it. The book I mean is Esop's Fables. There is the story of a conversation between a fox and a lioness. The fox boasted of her great prolificancy, and reproached the lioness for bringing only one at a time. The lioness replied, that she indeed bore but one at a time, but that one was a lion.
After making these observations Mr. S. begged leave to consider the merits of the question. I consider it, said he, as highly improper at this
time. Whether it would be proper at any future time I don't pretend to say. It is likely that prosecutions will be commenced against general Wilkinson. And will not this House show as much candor as the editors of newspapers who say nothing on criminals left for trial; that there should be a bias made on the public mind. No person can candidly say that general Wilkinson ought not to have deprived the cause of liberty to prevent their treason and the destruction they meant against the U. S. States.
Why such sympathy for these persons? In what circumstances were they taken? Were they taken from their homes and their fire sides and denied the habeas corpus , for some months as has been in former cases, which compared to this, were only a drip to the bucket . These men were taken in the act of treason or misprision of treason against these United States. We ought to wait till we know more of the matter before we decide.
Is any member so lost to humanity in this House as to reprobate the conduct of the executive or of general Wilkinson in this matter? The former insurrections compared to this, were more properly opposition to government, oppositions to obnoxious and unjust laws, which have been since repealed and are now justly conacred to eternal infamy.
The matter rests solely on two plain questions. The first is, was the confinement of these persons necessary? And second, was the civil authority adequate to their safe keeping? It is plain their confinement was necessary, and as to the second question, it appears from the affidavits of general Wilkinson, that Oglesby one of the conspirators, was released by the habeas corpus after being confined.
If a force of 6000 men had come against New Orleans as the general expected, and he had not arrested and sent these persons away, and they had been released by Burr after capturing the city, these persons whom we see on this floor to have so much sympathy, would be the first to charge general Wilkinson with neglect of duty. I have no doubt but this would be the case.
I consider the conduct of general Wilkinson not only justifiable, but highly commendable, & I am astonished that any should withhold the tribute so justly due. I would say: Well done thou good and faithful servant, thou hast deserved well of thy country.
Mr. J. RANDOLPH introduced his speech in favor of the resolution by observing that he understood the question before the house to be, whether they would refer to a committee of the whole a motion proposing an enquiry whether further legal provision be not necessary to prevent violations of the writ of habeas corpus.
How long it had been the fashion to debate the merits of a subject on a simple motion to commit, it was not material to inquire. He believed it had commenced the present session.
Mr. R. supposed the object of the mover of the resolution in referring it to a committee of the whole was to obtain discussion. As that had already been had abundantly, and as the session would soon close, he suggested the propriety of varying the motion and referring the resolution in the first instance to a select committee, who might immediately consider the subject and report a bill. Were the resolution to go to a committee of the whole he feared it would never get through.
Mr. R. then observed that he would proceed to answer some objections which had been yesterday offered against the resolution, and state the reasons which induced him to support it, come from whence it may. The first objection which he heard was the quarter whence the resolution came. Permit me, said Mr. R. to remind the house that if those who have been called into public life on account of their professed attachment to correct principles, ever quit the ground of trial by jury, the liberty of the press, and the subordination of the military to the civil authority, they must expect that their enemies will perceive the desertion and avail themselves of the advantage—Can they who thus desert their old principles, blame others for assuming the popular ground which they have abandoned? Whoever stands forward in defence of the constitution, and the rights of the people, shall have my support quoad hoc .
An objection was taken by the gentleman from Georgia, Mr. Early, on the ground of time. It was said that this is an improper time to consider the subject contemplated by the resolution. Sir, this is no new discovery. The question of parliamentary reform has been 30 years agitated in England and the right time has never arrived to consider the subject, and probably never will arrive.
I also understood him to say—[Here Mr. Early interrupted Mr. Randolph and begged leave to explain. Mr. R. said he was confident that he understood the gentleman right. However he at length sat down, and Mr. R. stated that his objection was that the house had not sufficient time this session to finish an investigation into the subject and that therefore it had better not be attempted.] Mr. R. proceeded. I understood the gentleman perfectly before, and he would have found it so, if he had had patience to hear me out. He urged two objections on the ground of time: 1st, that we had not sufficient time this session to consider the subject fully; and 2dly, that the present time was improper because the subject of habeas corpus was under consideration in the court below. [Mr. R. here either was or affected to be a little confused.] He was sorry for the interruption. To prevent it in future, he would mention no gentleman by name, and he hoped he should not be again interrupted. A gentleman has said that the house have no official information before them relative to any violation of the privilege of the writ of habeas corpus. I will not refer to that gentleman by name, but the gentleman from Georgia, (Mr. Early) will enable me to tell who is referred to.
We have now on our tables official information from the president of the United States, that the privilege of the writ of habeas corpus has been denied and the constitution violated. And will you attend to reports from your committees of claims, of commerce and manufactures, of ways and means, and leave the constitution and the rights of the people to shift for themselves. There is abundance of time. Congress can meet again after the fourth of March, and to postpone or delay a subject which affects the vitals of the state on account of a press of private or local business, would be a dereliction of our duty and of our oaths. Away then with such objections.
As to the objection that the subject of habeas corpus is now sub judice in the court
below, no one thinks of a law which shall have a retroactive operation. I trust in God that no such ex post facto provision will be agreed to as was foisted into the bill which came from the senate, to suspend the habeas corpus, and which was intended in a side way to cover with a mantle the most daring usurpation which ever did, will or can happen in this or any country. There was exactly as much right to shoot the persons in question as to do what has been done.
It has been contended that any measures on the part of this house will give a bias to the proceedings which have been instituted in the courts. Let me ask what official notice we have of any such proceedings?—But disdaining such a shelter, though it has been resorted to on the other side, it is sufficient to observe that a man has only to break the law or constitution in the beginning of a session, and then forsooth you are to be foreclosed from legislating on the subject, because an instance has recently occurred to show the necessity of legislative provision.
Mr. R. said this was the first time in his life that he heard it asserted that no law ought to be passed to punish any offence because that offence had recently happened. He hoped he should never hear again such a reason delivered. The Romans, believing the crime impossible, had no law to punish parricide, till a case occurred, which proved their mistake. What would you think of Cato or Cicero rising in the senate of Rome, and urging such a reason against a law for the punishment of this crime?
In the discussion of this simple motion to refer the resolution to a committee of enquiry, which I should have supposed would have been carried without any objection at all, hints of indemnity, I suppose to try the public pulse, have been thrown out. Permit me to say that bills of indemnity are not known to the constitution—The only refuge of those who violate the laws and the constitution, is in the trial by jury, and in the last resort, the mercy of the executive.—If it is once known, if the time ever arrives when the representatives of the people vote the public money to indemnify those who break the constitution, we shall indeed become, homines servile paratos , and fit for any government and for any state of society, however despotic or barbarous. If ever the minions of the executive, or the legislature, whether civil or military, are indemnified for their outrages out of the public treasury, the constitution must have arrived at its last crisis.
After ridiculing the application which Mr. Sloan had made of the fable of the fox and the lioness, Mr. R. proceeded to observe that the doctrines advanced in regard to Wilkinson's conduct, merited the most pointed reprobation, whenever heard on the floor of the house. The constitution which is fixed, like the laws of the Medes and the Persians, and which fate cannot change, if this detestable doctrine is admissible, is at once frittered away to nothing. It ought to run in this way: The privilege of the writ of habeas corpus shall not be suspended, except in cases of rebellion or actual invasion, the public safety shall require it, or unless in the opinion of a military commander it be necessary!—What will be the difference if you admit the doctrine whether the constitution be expressed in this way or be left as it now stands?
It has been insinuated that certain gentlemen in this house lean too much towards standing armies, &c. Agreed. But in advocating an increase of the public force, my object was to chastise an insolent foe, not to employ it against our own citizens and to substitute it in lieu of the civil authority. My dread of standing armies has been more than a hundred times increased in consequence of the services to which our present little force has been put. From such armies good Lord deliver us.
I hope the committee to whom this subject may be referred will not forget a provision to prevent a man from being embarked on board a ship and transported 1500 or 2000 miles for trial. For I have heard a law officer of the United States contend that a man may be arrested in one of the territories and a trial had in any part of the country wheresoever he may be brought. If this abominable doctrine be supported by law, it is high time to correct it. The constitution in an article amendatory declares that unusual punishments shall not be inflicted. Transportation, even after conviction, is an unusual, cruel and severe punishment; but here it has been inflicted even before a conviction and before any trial of the delinquents.
The court of Orleans has the same power as the district court of Kentucky, which is invested with the powers of a circuit court. If the district court of Kentucky has jurisdiction of treason, which no man ever doubted, it follows, it follows that the court of Orleans has the same authority.
When the constitution gave to congress exclusive jurisdiction over a district ten miles square, it filled the friends of liberty with alarm. But no man then dreamed that on this blot on the map, this non-descript region, a king's bench was to be established for the trial of delinquents against the government, collected from all parts of the country. The inhabitants of this miserable heath, men held in a state of bondage to which no man would submit, who have no voice in electing rulers of the country, are destitute of the right of self government, these men are made the judges and jurors to try the freedom of America. Were I on trial I would challenge the jury. They are not my peers. The people here must be the tools and expectants of ministerial favor. Let them move in their own humble sphere, but let them never dare to touch a charge of treason.
In the declaration of independence transportation for trial is alleged as one of the grievances imposed by the British government on the colonies. Now it is done under the constitution, & under a republican administration, and men are transported without the color of law, nearly as far as across the Atlantic.
I make no profession of sympathy for the men who have been denounced as traitors. I argue on the supposition that they are traitors, there is no need of much exertion in behalf of good men. Attacks on the liberty of the people are, as has been stated before, made always in the persons of the
vile and the worthless. But when precedent is once established in the case of bad men, who like pioneers, go before to smooth the way, good men tremble for their safety.
Mr. R. observed that he would not say much of the commander in chief. The least said, till they knew all, was the best. He had always thought that there were more rogues than one. This business of canonising and sanctifying men before they are dead, he did not like. In the state of Virginia they had been compelled to change the names of several counties. There was a time in which the name of Arnold might have been preferred, and perhaps now there may be places in the United States which derive their names from Burr.
Mr. R. could not admit the jesuitical casuistry which had been displayed with regard to an oath. If a man breaks the constitution which they were all sworn to support, punish him. If the violator be Washington, Franklin, or Jefferson, Mr. R. would punish him, and he would also say, that no indemnity ought to be voted for him.
Mr. R. stated at some length the circumstance of the proclamation issued in England to prohibit the exportation of corn when Chatham and Camden were in the ministry, and who afterwards refused a bill of indemnity. Mr. R. observed that bills of indemnity were known to the English constitution and requisite in the case stated. But Chatham and Camden, though both the known and tried friends of liberty, here abandoned the popular ground, and wrested their defence on arbitrary principles, while the wary Mansfield, an old tory, and a high churchman, availed himself of the advantage, took up the cudgels for the people and completely succeeded.
Mr. R. concluded by begging pardon for detaining the house so long but he could never be indifferent on a subject like this. The house were now to decide if the constitution were only pen, ink and paper, and to be set aside at the whim of every military commander, or whether it were unalterable by fate, and he who dared to violate it should rue the consequences.
(To be Continued.)
PHILADELPHIA, March 27.
[Translated for the Philadelphia Gazette.]
ADDRESS
OF HENRY CHRISTOPHE, President and Generalissimo of the land and sea forces of the state of Hayti, to the army and people.
Light has just burst out amidst us, and thanks to a beneficent constitution, the plots and conspiracies of which you were going to be the victims, have miscarried. At last a wise collection of laws suitable to our manners, climate, usages, has, if I may be allowed the expression, come out of the chaos, to fix once more the destinies of Hayti.
In vain had my solicitude endeavored for a long time to offer you this precious gift; in vain had I convoked the commons to give you a constitution: my cares, far from being crowned with the wished-for success, had been but an additional food to factions, to try to mislead public opinion, and frame a constitution calculated for their interests and those of their proselytes, at the expense of the liberty of the people, and of sound reason.
All of you have been witnesses, O my countrymen, of the purity of my designs and the sincerity of my intentions; but have not the villains turned to a wicked use this same sincerity, by fomenting rebellion, and kindling a civil war. I was not the one that could be intimidated by their machinations, or misled a single moment on the welfare of our country. I have never ceased day or night to meditate upon the safety of the country. What have I left undone to obtain this end? What have I not done to baffle the secret plots and conspiracies of factions?
I have been always amidst you, and you may certify if ever ambition has influenced my conduct, or sullied my honor. Placed this day by the wishes of my countrymen and brethren of arms on the summit of power, I have yielded to their desires, and accepted of that heavy and honorable burthen, because they wished to trust it into my hands, and that I might once more serve our country. Happy will I be, if my efforts be crowned with success, and enable me to secure the happiness of my countrymen!
But to obtain that end, my efforts alone are not sufficient; the observance of the laws and of this constitution is also necessary. Your rights are strictly preserved, and every citizen will find therein securities for his person, property, and that of his family.
The fatal consequences of the wars we have sustained, and still more the bad example of the French, had thrown religion into a forlorn situation; morals were despised, and a profligate youth gave way, without remorse, to all the licentiousness of their age; public education was disgraced, and left to mercenary teachers. It has been necessary to restore religion to its dignity, to give support to morals, bring it into repute, inculcate in the minds of young people the sacred principles of good manners, and of religion, and convince the people that without religion and morals, no human society can exist.
Tribunals are also going to insure our interests; equity and justice will hereafter preside over the decisions dictated by its ministers. It is, above all, by probity and uprightness, that it is reserved to the people of Hayti to make themselves be known. Essentially a trading people by their situation and the nature of their commodities, their equity as well as the objects of their commerce must attract to their shores the merchants of all nations of the earth.
As commerce is for us the source of all kinds of riches, it is therefore essential to grant to foreign merchants who come to seek their fortune in our ports, the same protection which is enjoyed by our own countrymen, offer them that hospitality which those necessary men merit to receive.
To maintain that commerce, and give it a great activity, the perseverance and efforts of agriculture ought to increase. Placed under the finest climate of the earth, profusely favored with the most precious
gifts of nature, the cultivators have not to struggle against the severe weather of frozen climates, nor to incur themselves to the rigors and inclemency of seasons. An easy work enriches them, without any privations, puts them upon the level of manufacturing nations. Therefore hasten, industrious cultivators, to fill your stores with all the produce of our fruitful soil; spread out to the eyes of the European merchants, all that can tempt their covetousness, and you will see your commerce flourishing beyond your hopes.
After having given support to religion, refined morals, re-established good manners and encouraged agriculture and commerce, great works will remain yet to be done—We ought not to neglect the exercise of arms. The enemy watches our motions and observes our steps. The affection of our friends is still without any warranty! Treaties ought to bind the latter, and our armies be ready to fight the former.
Abandoned to ourselves we have in the midst of ourselves our own resources; they are among you, soldiers, who are ready to shed generously your blood, rather than yield to a proud enemy your liberty, the reward of your courage! They are amidst you, inhabitants and industrious cultivators, from whom the state expects its riches. Your union, your submission to laws ought to be the strongest bond of your independence.
The policy of foreign governments has not yet been openly manifested towards us. Whatever it be, without daring them, let us put ourselves in a situation to have nothing to dread from such as would bear us any hostile intention. Let those who will be disposed to keep political relations, or enjoy the advantages of our commerce find an equitable reciprocity. Let us offer to others nothing but death and battles.
Whilst we meditate upon those ideas, let us never forget that arms alone are the warranty of a free people. If culture requires a part of our countrymen, we ought to consider that we are all soldiers, and that warlike nations only have been able to preserve their liberty. Let us call to our remembrance, that a handful of Greeks devoted to their country, confounded the rage of a million of barbarians who came to wrest from them their liberty!
Let us swear to imitate their example, to observe and cause our holy constitution to be observed, and to perish rather than to suffer that any violation should be made upon it.
Done at the head quarters, Cape-Francois, Feb. 17, 1807, 4th year of the independence.
HENRY CHRISTOPHE, By the president. By the secretary of state, ROUANEZ, Junior.
BALTIMORE, March 28.
Translated for the Federal Gazette.
PROCLAMATION BY
The Chief of the government of Hayti.
The numerous abuses which have taken place in the different branches of the government, particularly in the custom-house department, have obliged me to take rigorous measures to repress them. The notices which I have given to these hardened and faithless officers, have not brought them to their duty; and my kindness towards foreigners, who came to trade in our ports, has only served as an incentive to their fraud.
It is therefore necessary to adopt severe measures, in order to remedy these abuses, which have deprived government of its resources.
Consequently, to put a stop to such dilapidations, I do order as follows:
1. Every Haytian or foreigner, convicted of having fraudulently endeavored to land or take on board any goods, with a view to avoid the payment of duties, shall be condemned to be hung, and his effects confiscated to the use of the state.
2. Every officer, convicted of having lent a hand to such fraud, shall be condemned to be hung, and his effects confiscated to the use of the government.
3. Every person convicted of having fraudulently embarked or debarked, from one vessel to another, any merchandise, shall also be condemned to be hung, and his effects confiscated.
4. The custom-house officers in particular [and the other officers of the government] are charged with the execution of the present order; and they shall be considered as accomplices in all offences of this nature, of which they shall not inform.
The present proclamation shall be printed, read, and affixed to the doors of the different custom-houses, &c.
Given at head-quarters, at the Cape, the 30th January, 1807, the fourth year of independence.
The Chief of the Government, HENRY CHRISTOPHE. By his Excellency, The Secretary of the Government, ROUANEZ, Junior.
March 31.
By a recent arrival from New-Orleans, we have received from the hands of an anonymous correspondent, a circular printed letter, in the French language, bearing at the top the following title, written in English—"Letter from a member of the Legislature of the Territory of Orleans, to his constituents." The letter is without signature, bears the general date of "February, 1807," and contained the following production in the shape of a handbill. It is evident, from the introduction to the handbill, from the tenor of the French circular letter, (a translation of which we shall endeavor to present to-morrow,) and from the letter and the handbill being anonymous, that there is a party in the city of New-Orleans resolutely bent on the destruction of Gen. Wilkinson and Gov. Claiborne. Why has not the member of the Orleans legislature put his name to his circular letter? Why does not the printer's name appear to the handbill? Why are these productions forwarded to the Atlantic states? It is probable that the circular letter has been prepared, for the purpose of distribution throughout the U. States, in order to draw down public indignation on the commander of the army and the governor of Orleans, and to withdraw the general attention of the people from the traitors themselves to those who have de-

feated their diabolical project. Instead of alarming the public at New-Orleans, the very course which gov. Claiborne pursued was calculated to allay all ferment and apprehension. "An agent of the conspirators" was approaching the city, the laws were inefficient to secure his person if arrested;—What does gov. Claiborne do in such an exigency? He "recommended" to the "consideration" of the legislature, "the expediency of suspending for a short time the privilege of the writ of Habeas Corpus." He did not violently suspend it; nor rush in the face of the law to the accomplishment of his object—but barely "recommended" the subject for consideration. Surely, when a public officer goes thus regularly to work, there can be no danger; he appealed to the wisdom of the legislature—they did take the matter into consideration, and deemed such a proceeding, as proposed unconstitutional; and this "agent of the conspirators" is left to triumph in the imbecility of the laws. But it is not Claiborne so much as it is Wilkinson—He is the object of vengeance: He has defeated the treasonable project—a most unparadisable crime in the eyes of the associates! Yet, what would these gentlemen have? They cry, Wilkinson has violated the laws, and played the tyrant! It is admitted that he has violated the laws—that he has acted with a stern mind and steady hand against the conspirators. Is his conduct justifiable? To violate the laws is by no means justifiable; but on the other hand to defeat a conspiracy against the unity and freedom of the states is highly praiseworthy. The laws condemn Wilkinson, but the public opinion applauds his motive: Every man says his conduct has been illegal, but every candid man acknowledges that in his situation he would have acted in the same way—In fine, may it not be said, in the language attributed to a senator of the United States, that— Wilkinson may be fined and imprisoned, but the nation will thank him. The handbill follows: New-Orleans, Feb. 20, 1807.
THE following recommendation of a suspension of the WRIT OF HABEAS CORPUS, in order to arrest one man, against whom sufficient proof to support a civil arrest, it seems does not exist, could not appear during the present alarming times, in any print in this city—it is sent on by mail, in order that it may appear where something like Liberty of the Press exists. The people of the United States will, perhaps, make those comments on it, which if made here, might subject the author to military arrest, court-martial discipline, a dungeon, or the more dreadful punishment of "deportation."
GENTLEMEN of the Legislative Council, and of the House of Representatives. WE have been officially informed that the "reputed leader of the conspiracy," which has menaced our safety and disturbed our tranquillity, was "in the hands of the civil authority at Natchez;" and it is now confidently reported, (although no official information upon the subject has been received by me) that many of his adherents have also arrived in the Mississippi Territory. Among them are two individuals, who are represented to have evaded by flight from the state of Ohio, that punishment which the law in justice and in mercy, would have awarded against them. One of these persons I have most satisfactory information for stating, did, in September last, propose to a citizen in whose veracity entire confidence may be placed, "to join in a plan to bring about a dissolution of the union; and after pointing out the advantages which would result to leading men, from the erection of a separate government on this side of the mountains, and observing that the people were ripe for such a measure, he said their plan would be to go on with an armed force to New-Orleans, to seize that place, and after getting the money in the banks, the military stores, and the French artillery there, to force the country to a separation from the Atlantic States, by operating on its commerce.—In charity to human nature, I cannot suppose that all concerned in the conspiracy were prepared to support objects so horrible—On the contrary, I am persuaded many have been seduced into the association by artifice and misrepresentation; and to all such I trust a generous forgiveness may be extended. I cannot, however, disguise from the two houses of assembly, how greatly I regret that the existing laws do not afford adequate means for the prevention of conspiracies of this diabolical nature, for the discovery of the parties concerned, and for their punishment. I have recently been advised, (and from a source entitled to credit) of the approach to this city of an agent of the Conspirators;—I am informed of his name, and the route he takes, and have but little doubt as to the objects of his mission.—And yet I believe it is not in my power to adduce such proof as would justify a civil magistrate in committing him to prison. And should I arrest him upon my own authority, a writ of Habeas Corpus would most probably rescue him from my possession, and he might then be enabled to fulfil the treasonable duty with which he may be charged.
Assured of the fidelity and patriotism of the great body of the American people; assured also, that by the vigilance of the general and state governments, many of the adherents of the Conspirators with their boats and supplies have been arrested on the waters of the Ohio, and that the arm of the nation is raised against them; I apprehend no permanent misfortune, nor can this territory in the worst of times, experience, other than a temporary evil.—We however owe it to our immediate safety to continue for the present our measures of precaution; and in addition to those already adopted, the expediency of suspending for a short time, (and under such restrictions as may be best calculated to protect the innocent) "the privilege of the writ of Habeas Corpus," is recommended to your consideration.
(Signed) WILLIAM C. C. CLAIBORNE. New-Orleans, Feb. 10, 1807. [On receipt of the foregoing message, the House of Representatives thought it advisable to ask the opinion of the courts, and the United States district attorney, as to the constitutionality of the measure.—The following answer was returned:]
SIR, New-Orleans, Feb. 12, 1807. In consequence of your letters of yesterday, we have examined the ordinance by which this territory is governed, and unite in the opinion that the legislature thereof has not the power to suspend the writ of Habeas Corpus. We are, with due respect, Your most obedient servants, Dom. A. Hall, Geo. Matthews, jr. Wm. Spriggs, James Brown. John Watkins, Esq. Speaker of the House of Representatives. [The day after the above letter was received, the following resolution was adopted with but three dissenting voices.] Resolved, That the House of Representatives of the Territory of Orleans, have examined with attention the Constitution of the United States, and the Ordinance of Congress by which this territory is governed, and are of opinion that they cannot, without violating the Constitution, suspend under any restrictions whatever, the writ of Habeas Corpus.
NEW ORLEANS, Feb. 19. On Tuesday last the following resolutions passed both branches of the Legislature of this territory. "Assured of the attachment and devotion of the citizens of this territory, to the government of the United States—to which, under the auspices of Providence, they are as highly indebted for their present prosperity and happiness; and desiring to give a solemn testimonial to the world, of our firm determination, under all circumstances and at all hazards, to maintain and support that political connexion, which has united our destinies to those of one of the freest and most enlightened people on earth: "Be it Resolved by the Legislative Council and House of Representatives of the Territory of Orleans, in General Assembly convened, That they have in common with their fellow citizens of this territory, viewed with horror and indignation, the recently developed traitorous conspiracy, against the Union, Peace and Liberties of United America. "Be it further Resolved, That this legislature, has been, and will ever be ready to co-operate to the full extent of its constitutional powers, with the executive of this territory, and to defeat as well the machinations of internal foes, as all enterprises from without, which may be hostile to this territory, or to the Laws, Government and Constitution of the United States."
NATCHEZ Feb. 11. Anxious to relieve the public mind from the agitation caused by the arrestation of number of persons last evening, we have delayed the publication of the present number, in order to give correct information. The following statement is given as authentic: Early yesterday morning, a negro boy belonging to Mr. John Cummins, of Claiborne county, appeared at the house of Mr. Fairbanks, near Natchez—He rode a horse, enquiring for Mr. F. as being in Col. Burr's service. The servant who opened the door was also recognized as belonging to Mr. Burr: the suspicion of Mr. F. was excited and he examined the negro strictly—the boy produced a passport from his master, and a letter to Mr. Arthurd D. Duglass, in Concordia, Orleans territory. In a local sub-judice—Mr. F. proceeded to a particular examination of the surreptitious coat worn by the boy, in the case of which he discovered, after the closest examination, a small billet, of which the following is a correct copy: "If you are yet together, keep together, and I will join you to-morrow night, in the mean time, put all your arms in perfect order. "Ask the beaver no questions, but tell him all you may think that I wish to know—he does not know that this is from me, nor where I am." "C. T. & D. F." The boy was immediately taken into custody, and the papers transmitted to Governor Williams; by whose order a number of persons in this city who descended the river with Col. Burr, were arrested. A guard was stationed on the bank of the Mississippi to take charge of the boats of his party (lately arrived) and another at Mr. Michie's, where the arrested persons were confined; they have since been liberated on their parole—and are to undergo a legal examination; which it is expected will take place this day or to-morrow. The billet is evidently in the hand writing of Burr; the circumstance, however, of the boy's being in possession of his horse and coat, has given rise to a conjecture by some that he intended the detection of the billet, in order to divert the attention of the officers of government from the route he has taken to escape.—We have understood that an order has been given to arrest Mr. Cummins, and therefore suspend giving any opinion on the motives which induced the writer of the note until I possessed of further information on the subject.—The circumstances attending its detection were unquestionably sufficient to warrant the measures pursued by the executive, on the occasion. By virtue of a deed of trust from William Gentry to the subscriber, to secure John Parker, certain sums of money therein expressed, will be SOLD, to the highest bidder, for ready money, on Saturday the 18th of April next, the
Tract of Land, Whereon the said Gentry resides, containing 39 acres. The improvements are a small dwelling house and other necessary out houses, and a young apple orchard—thirteen miles from Richmond, on the road leading over the Meadow Bridges, to Hanover courthouse. At the same time, will be Sold, on the same terms, 3 head of CATTLE, two feather BEDS and FURNITURE, Carpenter's TOOLS, and sundry other articles as enumerated in the said deed of trust. The sale will be on the premises, beginning with the stock, furniture, &c. JOHN TINSLEY, Trustee. Hanover, March 31. 1807.
Land for Sale. BY virtue of a deed of trust executed by William Johnson, for the purpose of securing a debt due to Kendall Lee, will be sold, on the premises, on the 11th day of May next, to the highest bidder, for cash, one certain tract of LAND, lying in the county of Goochland, on the waters of Lickinogle creek, adjoining the lands of William Morrow, William Richards and others, containing by estimation three hundred and fourteen and a half acres, or so much thereof, as will be sufficient to satisfy what may now be due on the said deed of trust. THE TRUSTEES. Goochland, April 7th, 1807. w4*
VIRGINIA ARGUS. RICHMOND: TUESDAY, APRIL 7, 1807.
ON Thursday last, before the District Court of Richmond now sitting, William Nash, a Soldier in the public Guard, was convicted of Murder in the second degree, for shooting Mr. John McCredie, and the term of his confinement in the Penitentiary fixed by the Jury at five years. We understand that all the evidence taken by a Committee of the Executive, appointed to examine into the circumstances and causes of that unfortunate event, together with the proceedings of the Council upon the report made by the committee, will shortly be published. We are also informed, that four members of the Council, viz, Messrs. Stuart, Henning, Aylett and Munford, were of opinion that Capt. Quarrier had been guilty of culpable neglect of duty, in not having had the orders of the several Governors Monroe, Page and Cabell properly and regularly communicated to the men under his command, and especially to the Centinels; and therefore although they acquitted him of any evil intention, and of the accusation of having given any orders contrary to those he had received, they voted for removing him from office. Messrs. M'Rae, Guerrant, Heath and Marvie voted against his removal. The Council was therefore equally divided, and, according to the construction which for some years has been given to the Constitution, the Governor declined giving the casting vote. Of course, Capt. Quarrier remains in office; but has lately given notice of his intention of resigning on the first day of August next. Messrs. Stuart, Henning and Munford also voted for removing Lieutenant Underwood, on the ground of neglect of duty, but the other five gentlemen voted against it. Lieut. Underwood has since resigned, and Maj. Peter Crutchfield, of Hanover County, was unanimously appointed his successor.
THE famous William Cobbett, alias Peter Porcupine, in his weekly Political Register, published in England, has lately condescended to notice the domestic affairs of the United States. He says that a philosopher could discover nothing criminal in Burr's conspiracy, and if it had succeeded, nothing stranger than this, that there should have been a King for the first time by the name of Aaron. He prophesies, too, that the western states will in less than ten years be separated from the rest of the union; and affirms, that the American people have none of that love of country, which is felt by other nations. We wish he would inform us what are the stronger motives for loving their country which he says are felt by other people, but of which we have no idea. For our part, we had ignorantly supposed that peace, liberty and safety naturally induced a country to its inhabitants; and therefore, that the citizens of the United States had better reasons for loving their's than the subjects of any monarchy under the sun. This it seems, however, is a great mistake. Yet we trust the suppression of Burr's conspiracy, by the patriotic zeal of the people, will convince even the British sneerer, that, although we have no cause to love our country, we are still necked and obstinate, as to love it in reality, and that at least the present generation will never consent to be governed by a King by the name of Aaron, or of any other name. It is understood that the decision of commode Truxton, lately received by the attorney for the United States, contains a strong confirmation of the truth of Gen. Eaton's affidavit: since it appears that similar treasonable proposals were made to Commode Truxton, by Col. Burr, with those alleged by Gen. Eaton to have been made to him.
COMMUNICATION. IT is reported, and we are sorry to say, that the fact appears indisputable, that Col. Aaron Burr and the Chief Justice of the U. States, dined together at Mr. Wickham's, since his examination, and since his honor had himself solemnly decided that there were probable grounds to believe him guilty of a high misdemeanor against the U. S. We acknowledge that the rites of hospitality ought not to be refused to this unfortunate gentleman by those who believe him innocent; but confess our astonishment that men, whose intellects are so penetrating as those of Mr. Wickham and Mr. Marshall, did not perceive the extreme indecency and impropriety of such respect being paid him by the Judge, who is to sit hereafter on his trial, and who, by his own opinion officially pronounced, had affixed a stigma on his character, which can only be wiped off by his future acquittal.
OBSERVATIONS ON THE ACTS OF THE LAST GENERAL ASSEMBLY OF VIRGINIA—CONTINUED. THE second general branch, into which we divided this interesting subject, was that of the penal laws.
By an act "to punish certain thefts and forgeries" the legislature intended to remedy a defect which (very strangely as we humbly conceive) the general court had discovered in an act passed the 18th Nov 1789, entitled "an act against those who counterfeit Letters, or Privy Tokens, to receive Money or Goods in other men's names;" (see the Revised Code, p. 45) five out of six judges being, it seems, of opinion that bank notes are neither "money, goods nor chattels." For this purpose it is enacted in the first place, that persons fraudulently obtaining, or assisting in obtaining, from the bank of Virginia, or any of its offices of discount and deposit, any bank or post note, or money, by means of any forged or counterfeit check or order whatsoever, knowing the same to be forged or counterfeit, shall be punished by confinement in the penitentiary for not less than two nor more than ten years. On viewing this provision, it appears, at once, to be inadequate to the object for which it was devised; since no punishment is provided for the crime of fraudulently obtaining bank notes, by counterfeit checks or orders, from other persons, as well as from the bank and its offices. As this is a crime which may frequently happen, and is surely no less injurious to society, than it would be if bank notes were actually money, goods or chattels, the omission is important, and ought to be supplied at the next Session of Assembly. The third section indeed provides that theft or robbery of bank notes shall be punished by imprisonment in the penitentiary for a period of time not less than 3 nor more than ten years; but, we
conceive, the offence of getting possession of them by forgery and fraud is still more dangerous and difficult to be guarded against by honest men than that of theft or robbery. The second section enacts that any person who shall counterfeit, or aid in counterfeiting, or keep or conceal, or aid in keeping or concealing any instrument, for the purpose of counterfeiting, the seal of the bank of Virginia, shall, on conviction, be imprisoned in the penitentiary not less than five nor more than fifteen years. We may be permitted here to make an observation, applying generally to our system of criminal law, and which may perhaps suggest a hint for the introduction of some useful alterations. The punishment annexed to every offence enumerated in our code is not precisely fixed as it ought to be, but varies according to the discretion of the jury by whom each offender is found guilty; the shortest and longest periods of confinement being indeed ascertained by the law, but the jury permitted to determine on the term for which the prisoner is to be sentenced within those limits. The consequence necessarily is, that the due proportioning of punishments to crimes is totally lost sight of, and the very end and object of the new penal code is frustrated by its own imperfections. No doubt there are many instances of men now in the penitentiary for crimes of equal turpitude and attended with similar circumstances, whose periods of confinement are yet very different, according as each individual had the fortune of being tried by a severe or merciful jury. Some, moreover, who have committed crimes of the deepest dye, are sentenced for a shorter time than others of far inferior guilt. This inequality and injustice ought certainly to be corrected. The perfection of a system of penal laws would consist in leaving nothing to the arbitrium judicis, but affixing precise and definite punishments to crimes, the nature of which should be clearly and accurately explained and made known to the people; and in rationally proportioning each punishment to the degree of enormity or dangerous consequences of each crime. If such perfection is not completely attainable by the abilities of human legislators, it is surely desirable to approach it as nearly as possible; and certainly in Virginia we are at present very far from having attained it. As the executive are publishing a collection of all our penal statutes now in force, by which the legislature at their next session will be enabled to take with ease a comparative view of them all, they will then perceive how lamentably true this observation is, and we hope will endeavor to frame the system anew, so as properly to proportion all its parts.
By an act concerning the internal regulations of the penitentiary house, a very great improvement has already been made. By that act, the whole charge and management of the institution is confided to the executive; the board of inspectors abolished; and the governor, with the advice of council, authorised "from time to time to make and ordain all such rules and regulations as to them shall seem expedient, for the purchase of materials for the manufactures carried on within the jail and penitentiary house, and the tools & implements necessary therein; for contracting for the clothing and diet of convicts; for the sale of the articles by them manufactured; for providing for and enforcing all such punishments by solitary confinement, low and coarse diet, or by stripes, not exceeding thirty stripes, as may be necessary for punishing offences, disobedience, profane cursing and swearing, indecent behavior, idleness, and other breaches of duty and good order committed by the convicts." The very important duties and high responsibility imposed on the executive by this act, we trust, will not be perverted to any improper purpose. The abuses prevailing in the institution, by which the commonwealth annually lost a considerable sum of money, were so great and complicated, that a remedy was absolutely necessary. The members of the legislature, in the short and busy term of a session of assembly, could not have devised the various alterations and minute regulations which would be useful in ameliorating the system. They therefore very properly entrusted this task to the members of the executive, whose continual personal observations of the effects, when tested by experience, of the rules they may themselves establish, will enable them promptly to supply any defect or to correct any error which may be committed. We are happy to be informed that the executive have entered with zeal and activity into the performance of the duties assigned them; that they have already appointed an agent for the purpose of buying the raw materials and selling the manufactured articles; a business heretofore entrusted to the keeper, greatly to the interruption of his attention to the prisoners, and to the loss of the state; that Mr. Martin Mims having resigned, they have chosen for his successor, a Mr. Abraham Douglas, who has been for several years chief clerk in the prison at Philadelphia: a person highly recommended by gentlemen of that city, and unanimously by the board of inspectors for his excellent character and abilities; that a new contract is about to be made for the diet of the convicts, by which a considerable sum of money will be saved to the commonwealth; & that the system of discipline established in the prison at Philadelphia, which is generally allowed to be the best regulated on the continent, is shortly to be introduced into our penitentiary. [To be continued]
[From a Liverpool paper of Jn. 24.] From the blood stained fields in Europe, the din of arms, and noise of the battle, the thought of which is enough to sicken the heart, we turn our attention, and look with pleasure across the Atlantic, to that country where peace reigns and plenty abounds; whose government seems as anxious to decrease the quantum of taxation, as those of the old world to increase it. The wisdom and moderation of the American government must be acknowledged by all. The readiness it has manifested to repeal the act which prohibited the importation of British goods, shews their desire of peace and friendship; for we cannot give into the common opinion of the day, that commerce is as necessary to America as to us. That a breach of friendship, and a cessation of trade between the two countries, would be of mutual disadvantage, we admit; but our own country would be the greatest sufferer. Although America may not at present be able to carry on manufactures to any considerable extent, yet is she able to produce what is calculated for the support and convenience of life: the loom and the shuttle are not unknown even among some of the Indian tribes in America. Millions of acres yet remain to be cultivated. Cattle abound, and fuel is plentiful. What are the wants of man? Our poet says: "Bread, clothes and fire;" What more? He answers: "Fire, clothes and bread." We are happy to find there is one country on the face of the earth that is not disposed to exhaust its treasures on dangers that may be prevented by wisdom and moderation; or, like the present emperor of France, for the purpose of spreading desolation and ruin in neighboring states.
The cultivation of the arts of peace is the greatest glory of the chief magistrate of any nation. The laurels of the hero are always stained with blood, and two often sullied by rapine and injustice. He is the greatest minister of state, who knows how to rule his own passions, and to teach others to govern theirs; who, when a storm arises, is able to avert the threatened blow, and by his counsels to command peace. The sophomans of the French court are lavish in their praises of the emperor Napoleon—but, alas! what a contrast between him and the peaceful president of the United States. The one is like the waves of the sea, never at rest, tortured by plans of murder and blood—the constant witness, and a very common cause, of the ruin and destruction of thousands of his fellow-men—the other dwelling at peace in the midst of a country made every year happier by his prudent administration—devising plans for the improvement of knowledge, the increase of virtue and the prevention of crimes, unblushingly committed on the unoffending African. The name of JEFFERSON will be remembered with pleasure, when the destroyers of mankind shall be buried in oblivion.
The last London papers state, that not only the regular men in all the royal navy yards are ordered to work double tides, but that fresh gangs of carpenters are sent to all the merchant's yards; and a great exertion was making throughout the kingdom, to equip for sea every kind of vessel calculated to carry troops; and that it was expected attempts would be made on various and distinct quarters of France, while the French had so great an army in Prussia and Poland; and so many Prussian prisoners in France. The French troops which had passed the Oder up to December 22 last, amounted to 280,000 men.
Burr killed Hamilton—and the faction denounced him! He traduces the administration, and forms a plan to disserve the Union—and now, forsooth, the federalists are offering their lives, their fortunes, to protect the traitor!!! Inconsistency, thou art the child, the offspring of federalism. Republican.
Col. Nathaniel Wilkinson and Doct. William Foushee, were yesterday chosen to represent the county of Henrico in the next General Assembly.
CUSTOM HOUSE—RICHMOND. ENTERED. Sloop Mahala, Pryer, N. York. Hope, Hover, Norfolk. Sch. Traveller, Snow, Boston. Risingsun, Bowden, N. York. Sloop Seaflower, Atwood, Do. Sch. Samuel, King, Do. Speedwell, Snowden, Philadelphia. Sch. Jane, Salmon, N. York. CLEARED. Sch. Concord, Shepard, N. York. Sloop Hope, Hover, Philadelphia. Sch. Feronia, Block, N. York. Speedwell, Snowden, Philadelphia. Polly, Dorsey, N. York. Risingsun, Bowden, Do. Traveller, Snow, Boston. Sloop Ann, Snow, Do.
By the Governor of the Commonwealth of Virginia.
A PROCLAMATION. WHEREAS it appears to the executive, that Jacob West, late of the county of Montgomery, stands charged on inquisition had and taken before James Mason, esq. coroner for the county of Botetourt, with the murder of John George late of the said county of Botetourt; and that the said Jacob West hath fled from justice: I have therefore thought fit, with the advice of the council of state, to issue this proclamation, hereby offering a reward of two hundred dollars to any person or persons who shall apprehend the said Jacob West and convey him before some magistrate of the said county of Botetourt to be dealt with as the law directs. And I do moreover enjoin all officers civil and military and exhort the good people of the commonwealth to use their best endeavors to apprehend the said Jacob West and convey him before some magistrate for the county of Botetourt aforesaid to be dealt with according to law.
Given under my hand with the seal of the commonwealth annexed at Richmond, this second day of April, in the year of our Lord one thousand eight hundred and seven, and of the commonwealth the thirty-first. (Signed) WM. H. CABELL.
Smith's Patent Bakery, NORTH EAST SIDE OF THE RASON OF THE CANAL, RICHMOND. CRACKERS, Pilot, Navy and Ship Bread, are now making at the above manufactory, and sold there, and at the store of the subscriber, in any quantity desired, to accommodate purchasers. Every pains will be taken that the quality of the bread may be supported, equal to the best of the United States—and the prices shall be regulated as low as the rates of flour will admit. Letters and orders will meet respectful and prompt attention, from JAMES SMITH, Second door below the Eagle Tavern. Richmond, April 3, 1807.
JAMES LYNCH, BLACK-SMITH AND FARRIER, RESPECTFULLY informs his friends and the public, that he has lately removed to the first Cross street above the Eagle Tavern, leading to the bason—where he carries on the business as usual. Those that wish to favor him with their work, shall be strictly attended to. Richmond, April 6 1807.
WHEREAS Jostah Smith, of this county, hired of me, a Negro Man, named Ellick, for the sum of 60 dollars, for the year 1805, and for which he gave his bond. This is to inform the public that I have received payment for the said bond, which I have lost or mislaid. James Amonett. Powhatan county, April 4, 1807. w25
ALL Persons having claims against the estate of Wm. Keys, dec. are desired to bring them forward authenticated—Those who are indebted to come and make immediate payment. Miles Turpin, Adm'r. April 6th, 1807. 3tw

NEW YORK STATE LOTTERY, Authorised by an act of the Legislature, and payment of prizes guaranteed by them, POSITIVELY commences drawing in the city of New York, on the second Tuesday in June next.  THE CAPITAL PRIZES ARE 1 of 25,000 DOLLARS. 2 of 10,000 DOLLARS. 2 of 5,000 DOLLARS. 2 of 2,000 DOLLARS. 6 of 1,000 DOLLARS.  And several of 500, 200, 100, &c. &c. Less than 2 1-2 blanks to a prize. The FIRST drawn ticket every FIFTH day will be entitled to a capital prize; and the SECOND drawn ticket EVERY DAY , will be entitled to 300 dollars.
TICKETS, HALVES, QUARTERS AND EIGHTHS, ARE NOW SELLING AT  WAITE'S TRULY FORTUNATE LOTTERY OFFICE, No. 64 and No. 38, Maiden Lane, New York.  By enclosing bank notes, of any description, (post paid) to G. and R. WAITE, tickets, and shares will be punctually returned by post, to any amount, and the earliest advice sent to adventurers of their success.  During the drawing, WAITE's weekly printed prize list will be sent to the printer of this paper, and to the post master at Richmond; and at the conclusion of the drawing, will also be sent, the managers' printed prize list, for the satisfaction of distant adventurers.  At the above offices, have been sold in the late lotteries, prizes amounting to a sum, exceeding 300,000 dollars.  Present price of tickets, Seven Dollars, but will advance as the drawing approaches. Prize tickets in the late New York lotteries taken in payment.  New York, March 10, 1807. Sm
LOST OR MISLAID, Three Certificates of Undet Debt of the United States, viz. No. 413. Deferred Assurance debt, dated 30th June, 1792, for $401 34 No. 669, ditto, same date, 169 47 No. 303, Public debt, 30th June, 1791, 500 00  In all, $1071 01 In favor of Francis Charlton of York Town, Virginia, and issued by John Hopkins, Commissioner of Loans. This public notice is given, that new certificates may issue to replace those that have been lost.  JAMES BROWN, Atty. for Mary Charlton, Ex'x. of Francis Charlton, dec. Richmond, 12th March, 1807. Gw
Lesueur & Saunders Are now receiving and will constantly keep a large supply of  Bar-Iron & Castings, Of superior quality. Feb. 24, 1807. tf
Notice. ALL persons are forewarned from using or taking Sand from the Sand-Bar, called Gouty's, without the previous consent of the subscribers, who are alone authorised to sell or appropriate the same. For the convenience of those who incline to purchase, we have authorised Mrs. Coutts to act. Any sale or contract which she may make will be ratified by us.  Samuel M'Crae, } Trustees Pleasant Younghusband, } Richmond, 20th Feb. 1807.
Land & Negroes for Sale. By virtue of a deed of trust executed to me by Thomas Randolph, to secure the payment of a debt due Isaac H. Coles, I will sell, to the highest bidder, for ready money, on Thursday the 16th day of April next, at Chippingham Church, in Amelia, one hundred and fifty acres of LAND, lying on Appomattox river, in the county of Amelia, being a part of the land on which the said Thomas Randolph now resides, and known by the name of MONROE. Also NINE NEGROES, viz. Ned, Jesse, Kitty, Alexander, Dandridge, Spencer, Suley, Richard and Caroline, or so much of the said property as will be sufficient to discharge the debt mentioned in the deed.  March 2, 1807. J. COLES, Jr. tds
Wanted a Situation, EITHER in a Counting-House, or behind a Counter—A young Man who has been bred to the Mercantile business, and come well recommended, a line addressed to A. Z., and left at Cabell'sburg post office, will be regularly attended to.  March 10, 1807. 1m
FOR SALE.  My tract of Land, In Powhatan county, containing between nine hundred and a thousand acres, and lying within two miles of the courthouse, and on both sides of Pine creek. This tract of land would be sold entire, otherwise laid off in lots to suit purchasers. Any persons inclined to purchase, it is expected will first view the premises—any further description is deemed unnecessary. For terms apply to the subscriber, living on the premises.  SAM. BASKERVILLE. Powhatan, Jan. 4th, 1807.
Sales at Auction. Will be SOLD, by the subscribers on Tuesday the 14th day of April next, on the premises,  THE HOUSES AND LOT, at present occupied by Thomas Underwood, esq. consisting of an excellent brick dwelling house, smoke-house, carriage-house and stable, all lately built and in complete repair; the lot well enclosed. One half the purchase money payable next Christmas, and the balance payable the Christmas following, for bonds with approved security, with a deed of trust on the property to secure the punctual payment of the money.  At the same time and place will be sold four or five excellent HOUSE SERVANTS, together with several new FEATHER BEDS, and a great variety of Household and Kitchen FURNITURE, for bonds with approved security, payable next Christmas.  PROSSER & MONCURE, Auc'rs. Feb. 25, 1807. tds
Will be Sold,  At Public Auction, On the seventh day of April next, sundry Valuable Lots, With and without improvements, lying on the Main-street, passing through Adams's Valley, and a short distance from the Market-House—consisting of A lot, on which is erected a neat two story brick house, completely fitted for a grocery, and the accommodation of a family; fronting on the main street about 250 feet, and running back about 250 feet to Adams's canal—Four unimproved lots, 25 feet each, front, adjoining each other, fronting on the same main street, and running back about 250 feet to Adams's canal—These latter lots are separated from the lot on which stands the brick tenement, only by Mr. Samuel Bell's lot.
To give a further description of the above valuable property, is deemed unnecessary. Its advantageous situation, arising from its proximity to the market—its situation immediately on a populous road, even now, & promises soon to be the greatest inlet to the heart of the city, with the increasing value of landed property in the neighborhood, promise that few similar opportunities will offer hereafter for making such valuable purchases.  The terms are, a credit of 6, 12 and 18 months, the purchasers giving bond and security, together with deeds of trust on the property to secure the faithful performance of their contracts—which bonds and other securities must be made to the satisfaction of Messrs. Prosser & Moncure, who will conduct the sale.  THOMAS PULLING. Richmond, 18th Feb. 1807. tds
Land for Sale. By virtue of a deed of trust executed to me by William Tear, to secure the payment of a debt due James Murphy and company, I will SELL, to the highest bidder, for ready money, at Amherst courthouse, on Saturday the 28th day of March next, a tract of LAND, lying in Amherst county, on the branches of Naked creek, within one mile of the courthouse aforesaid, containing 320 acres, being the tract on which the said William Tear now resides, and known by the name of the Ten-Yard—being only interested as trustee, for the benefit of others, I will only warrant the title of the said tract of land, as to myself and those claiming under me.  JOHN HIGGINBOTHAM, Trustee. Warminster, 18th Feb. 1807. 4w
IN consequence of an error in the above advertisement, the word Tear being taken for "Tear," the sale of the above tract of land is postponed until Saturday the eleventh day of April next, at which time it will certainly take place.  John Higginbotham. March 9, 1807. tds
WANTED, A DISCREET industrious Woman, as a house-keeper—one who can come recommended for her integrity, will meet with liberal wages by applying at the Bell Tavern.  February 12th 1807. tf
JUST RECEIVED & FOR SALE, In addition to our extensive assortment of BAR-IRON, a quantity of SHEET-IRON, NAIL-RODS, and best polished WAGON-BOXES. We have also received several Ton Broad Bar-Iron, Suitable for plantation use.  RUSSELL & WALLACE. Richmond, Jan. 19, 1807. 3m
MATTRESSES. CAN be had on very short notice, MATTRESSES of all sizes & kinds, agreeably to order, in the large corner white house, opposite the Old City Tavern, two squares below the Market Bridge—BEDS made & MATTRESSES repaired—Horses TAILS & MANES purchased.  Jan 1st, 1807. Jno. S. Pleasants.
FOR SALE. WE have removed to the house formerly occupied by Messrs. DONALD MACKENZIE & Co. nearly opposite the Bank. JAMES & JOHN DUNLOP. Petersburg, 3d March, 1807. Gw
FOR SALE.  A valuable tract of Land, IN the lower end of Buckingham, lying on Buffalo creek, adjoining the lands of Mr. James Wilson and Mr. Copland, containing upwards of one thousand acres, being in a populous and wealthy neighborhood and within three miles of Ca-Ira.  A sufficient quantity is opened to work ten hands to advantage—the greater part being yet to clear, abounding in excellent timber, and affording from four to five hundred acres of prime tobacco land.  Mr. Moses Scott living on the premises will show the land to any one inclined to purchase. For terms apply to the subscriber.  SUSANNA WILCOX. Chelowe, 16th March, 1807. 2m
FOR SALE, And possession given the 1st of January next.  A valuable tract of Land, In the county of Albemarle, on the waters of Moore's creek, containing 600 acres. The soil is equal to any in the county for the culture of corn, wheat and tobacco—the advantages it possesses make it a desirable situation. It being within two and a half miles of Charlottesville, six of Milton and four from the President's manufacturing mill. On this tract there is a good new two story dwelling house, with other necessary houses, sufficient for the reception of a genteel family; the plantation is in good order for cropping. Any person inclined to purchase, may know the terms by applying to William Galt, in Richmond, or the subscriber, in Milton, who will show the land, and treat for the same.  DAVID ANDERSON. February 11, 1807. 4w
N. B. If the above mentioned tract of land is not sold before the 4th day of May next, being Albemarle court day, it will that day be sold at public auction, before Trip Pett T. Estes's tavern in the town of Charlottesville.
For Hire—A MAN, Who is well acquainted with the management of race horses. For further information apply to Mrs. Sarah Gunn, Richmond Hill, or to  JOHN TURPIN, sen. Feb. 21, 1807. 3t
GOUTY, IMPORTED last fall, by Brown & Rives, will stand the ensuing season at my stable, in Amherst, five miles from New-Glasgow, at twenty-five dollars the season, dischargeable by twenty, if paid by the first day of October next—The season to commence the first of March and end first August—Mares may be covered by the leap at twelve dollars, paid at the time of service; or forty dollars to ensure them in foal, payable first day of January next—one dollar to the groom in every case—Good and extensive pasturage, gratis, but no liability for accidents or escapes.  GOUTY is a beautiful bay, ten years old, in high health and vigor, five feet three inches high, full of bone and muscle, fine points and elegant form. He was after many months research selected by Mr. Weatherby (author of the racing calendar and general stud-book) as one of the best horses that could be procured in Great Britain. In a letter from him he says there never was a higher bred horse shipped from Great Britain or any other country.  GOUTY was got by Sir Peter Teazle (unquestionably the best stallion now in England) his dam the famous Yellow Mare by Tandem; granddam, Perdita by Herod; great grand dam, Fair Forester by Sloe; great great grand dam by Forster; great great great grand dam by Partner; Crotfe's bay Barb; Makeless; Brimmer; Son of Dods-worth; Burton Barb Mare.  GOUTY run but three times, owing to an injury he received in the fore leg—1st, in 1799, for the Darby stakes, for three year olds, won by Archduke. 2d, in 1800, sweepstakes, for all ages, with 25 guineas added out of the racing fund—won by Gouty, beating Fugleman, Vivaldi, &c. &c. 3d. New-Market July meeting, £50, by subscription, won by Sorcerer.  ROBERT RIVERS February 10th, 1807. 8w
FOR SALE, Next door to Mr. William Temple's,  Allum Salt, & New-England POTATOES, Of superior quality. Also—A General Assortment of GROCERIES, Good of their kinds and low in price, which will be sold for cash, or exchanged for country produce, by  JOB GREENE. Richmond, March 6th, 1807.
Upper Appomattox Company. AN ELECTION OF TRUSTEES will be held at Painville, on Tuesday the 14th of April. The shareholders are requested to be punctual in attending, either in person, or by proxy.  Jon. Eggleston. Edmund Harrison. Edw'd. Munford. March 8th, 1807. 4w
MINTON COLLINS RESPECTFULLY informs the public, that he has just received by the ship Kingston, David Lesslie commander, from London, a very general assortment of GARDEN SEEDS, Which are warranted to be fresh and good, and of the last summers growth.  March 25, 1807. 1m
TO RENT,  THE TENEMENT, Lately occupied by Mrs. Whitaker, in an agreeable, retired situation, and very convenient for a family.  WILLIAM M'KIM. Richmond, March 2, 1807. tf
PROPOSALS WILL be received by the Executive for furnishing the convicts in the penitentiary with Rations for one year from the first day of next month. The component parts of each ration may be ascertained by persons wishing to contract, by applying to  DANL. L. HYLTUN, Clerk of the Council. 24th March, 1807. tf
The Imported Horse,  PAUL, Is a beautiful sorrel, fifteen hands three inches high, remarkable for his elegance, beauty, strength and fine bone. Will stand the ensuing season at my plantation in Powhatan county, on James river, three miles above the Manakin town ferry and about the same distance below Inde's ferry, to cover mares at twenty-five dollars the season, but may be discharged by the payment of eighteen dollars if paid by the first day of November next, with half a dollar to the groom. Good and extensive pasturage gratis, but no liability for escapes or other accidents. The season will commence on the first of March and end the first day of August next.  This beautiful horse PAUL, was raised by the Prince of Wales, and got by his horse Saltram who was got by O'Kelly's Eclipse, his dam, Virago, by Snap, Paul's dam, Purity, was got by Matchem, her dam, the Old Squirt mare, of as great fame as any mare in the kingdom. Several certificates of Paul as a good and sure foal getter may be seen at his stand.  THOMAS HARRIS, Jr. Millwood. Feb. 27, 1807. ept15ap8w41
The Imported Horse,  CITIZEN, A most beautiful brown bay with black legs. He is fifteen hands one inch high, remarkable for his great beauty, elegance, strength and muscle, with excellent bone and sinew. Will stand the ensuing season at my stable in Chesterfield county, on Appomattox river, fourteen miles above Petersburg, ten from the courthouse, fifteen from Bevil's bridge, and three from the Exeter mill on Appomattox; and will be to mares at the moderate price of forty dollars, ten of which will be remitted if paid within the season, which will commence the 10th day of March, and expire the 10th of August. Very extensive and most excellent high and low ground pasturage, well enclosed, gratis, but no responsibility for accidents or escapes; servants' board gratis. Mares may be fed with corn at the neighborhood prices if required; but gentlemen wishing their mares fed must send the money with them, or else it cannot be done. One dollar to the groom for each mare. Citizen is a remarkable sure and excellent Foal getter, and with my care will scarce fail in a single instance. This is something worth the attention of breeders, as the loss of a season with a good mare is apt to be felt. He is an excellent blooded horse, and is nearer allied to the Godolphin Arabian than any horse in being, and possesses more Arabian crosses. Refer to his PEDIGREE.
CITIZEN was got by Pacolet, (Pacolet by Blank, one of the best sons of the Godolphin) his dam Princess by Turk, (Turk by Regulus; another of the best sons of the Godolphin) his granddam Fairy Queen, by Young Cade, (he by Old Cade, and he by the Godolphin) his great granddam Rout's Black-eyes, by Crab, out of the Warlock Galloway, by Sable. Bald Galloway Curren bay Barb. Taken from the General Stud Book.  From the above pedigree it is seen that by his dam and sire, Citizen is related to the uncommon stallion the Godolphin Arabian in the third degree, which must be acknowledged is nearer than any horse in America, or even in the world; and agreeable to the description in the stud book given of the Godolphin, he is as much like him, being only one inch higher, and lacking only a few white hairs on one heel. Including the above immediate crosses from the Godolphin, Citizen has twenty Arabian crosses, and nearly as many Barb crosses, as traced from the stud book; so it may be justly said, he is as near being an Arabian as a horse can be, who was not brought from that place, and of this his looks will fully convince the world when they see him. Citizen was a most excellent racer, having won nineteen races, fourteen of them four miles, and six of them were won at three heats, beating the best horses in England; his colts are now running in great credit in England, proving themselves of equal bottom to any horses in that country, winning many four mile races, at three and four heats. He is sire of Nautilus, Pacolet, Citizen, Dapple, &c. &c. His colts in this country, are large, fine and promising, and no doubt will turn out well when proven. The first of his getting will be two years old this spring. Citizen was purchased by Mr. Barkdale formerly of Petersburg, and sent to general Carney of North Carolina, where he stood three seasons, and covered upwards of 100 mares each season, although he stood at the same stable. Mr. William Barkdale's letter, and other papers relative to him, speaks too highly of this horse to be omitted; however they cannot be inserted in a publication like the present, but will be shown with pleasure to all persons wishing to see them.  THOMAS GOODE. March 2, 1807. oawtf
W. Haight, UPHOLSTERER—FROM NEW-YORK, Has for sale, on the Main-street, nearly opposite the Old City Tavern,  MATTRESSES & FEATHER BEDS of every description, with a large & elegant assortment of Paper Hangings and Curtain Trimmings, Mahogany Furniture, Window Cornices, Piano-Forces, &c. Bed and Window Curtains made in the most fashionable style, very low. Old Mattresses worked over &c.  The above articles will be sold for cash or country produce. Richmond, Feb. 22, 1807. w2m
To the Public. THE Subscriber has removed to an house near the upper end of the Town on the Street leading from the Capitol square. He continues to practise law in all the Superior Courts held in the City of Richmond, and also in the District Court of Brunswick. His Clients may rely on his utmost assiduity and attention to the business entrusted to his care.  WM. MUNFORD.
A FRESH SUPPLY OF  Church's Cough Drops Is just received from the Proprietor's Dispensary New-York, and for sale at this office.
For Sale, THAT well known and valuable FARM, on Chickahominy river, formerly the property of Mr. Thomas Watkins, deceased, about 14 miles from Richmond, containing 546 acres; a very considerable part is valuable swamp land, a part of which is reclaimed, and now in meadow, from which I have been credibly informed, that Mr. Watkins in his lifetime, cut upwards of 100 ton in the year; there is about 120 acres of the swamp land, now in timber and could be reclaimed at a very inconsiderable expense, to make it produce at least double the quantity of hay, that has been formerly cut. There is a considerable quantity of cedar, on the high land, and I believe full sufficient to fence the greater part of the plantation in. On this plantation, is a tolerable good dwelling house, kitchen, and a very good barn, with several out houses for the negroes; also, an excellent young apple orchard, of about 300 bearing trees, independent of the old orchard, of 100 more of the best fruit, and about 300 peach trees, selected from the best kind, with a variety of pears, cherries, all of which are choice fruit. There is also on this plantation, a very valuable mill seat, on which there was formerly a good grist mill, and from information used to receive from 50 to 60 barrels of tall corn per annum. Last year, I erected a new mill house on it, with a considerable part of the running gear, finished, and for about one hundred dollars expense, the mill could be completed. Few plantations in this country, possess more natural advantages, as the whole of the meadow can be watered from the mill stream. This farm, is worthy the object of any person who is fond of farming, and can be made as productive as any in the state, for the number of acres it contains. I am satisfied, to any man, who would turn his attention to making of hay, the product of that articles alone, would be from 4 to 500 pounds annually, independent of corn and wheat; to any person inclined to purchase this farm, I will give a credit of three years, on paying down one third of the purchase money, on securing the balance, by a Deed of Trust, on the premises.  DANIEL L. HYLTUN. March 27. w4t
Land for Sale. THE Subscriber is desirous of Selling his tract of Land in the county of Powhatan, on Appomattox river, (which is now navigable to within two miles of Petersburg) twenty-eight miles from Richmond, and thirty-two from Petersburg; containing four hundred and forty-four Acres. There is on this land a valuable MILL, now in good repair, with a permanent stone dam, situated on a constant stream of water, running immediately through the land. A further description is deemed unnecessary, as it is presumed any person inclined to purchase, will first view the premises. The terms will be such as to suit the purchaser and may be known by applying to the subscriber living on the premises.  CREED HASKINS. March 7th, 1807. wtf
P. S. I would also sell another tract, situated about one mile from the above tract, on Skinquarter creek, containing three hundred acres. The quality of this land is equal if not superior to any in the neighborhood, and has a large proportion of valuable meadow Land. The terms may be known by applying as above.
To be Sold, TO the highest bidder, on Friday, the 22nd day of April next, at Mr. French's Tavern in Powhatan county, all the Estate of Ponderexter Mosby, jun. dec. late of the said county, consisting of Nne Negroes, one Horse, Household Furniture, &c. on a credit till first day of January next. All persons having lawful claims against the said estate, are hereby requested to bring them forward on or before the day of sale, as the administrators are anxious to provide for the payment of all just debts, as early as possible, in order to close their administration. Bonds and security will be required of the purchasers to carry interest from the date if not punctually paid. Those having claims who produce them prior to the sale, (and are adjusted) are requested to attend and bid for the property or receive the amount due them in bonds.  Littleberry Mosby, jr. } Adm'rs. Francis E. Harris, } March 14, 1807. wtds
The noted & much admired English horse,  KNOWSLEY, Will stand the ensuing season at our stable in Albemarle county, 10 miles above Charlottesville, to cover mares at twenty-five dollars the season, five of which will be remitted if paid by the 1st of August next; fourteen dollars the leap, and forty dollars to ensure a mare to be in foal, with one dollar for each mare to the groom, which with the leap money must be paid when the mare is covered. Mares put to Knowsley last season which did not prove with foal, will be ensured this year for twenty dollars paid as above—Notes of hand will be required in every instance where the money is not sent with the mares or paid before they are taken away. Excellent and extensive pasturage well enclosed gratis, he, mares with colts, and mares sent before foaling. Servants will be boarded at 9s. per week, and grain furnished mares as directed at the lowest market price, for which the money must be paid before the mares are taken away. The most pointed attention in every particular shall be paid to mares sent to our care, but cannot be liable for any accidents or escapes which may happen. KNOWSLEY's pedigree and performances have been so frequently published, that we deem it unnecessary now to insert it. The performances of his colts on the turf last spring and fall has so well established his superior worth, that nothing more remains to be said by us, only to observe that nine of his colts have been entered on the turf, seven of which proved successful in winning eleven sweepstakes and matches; the other two always run second best, five out of the seven winning colts distanced the field.  WILLIAM WOODS. Albemarle, Feb. 20th, 1807. oal7t
P. S. The season will commence the 1st of March and expire the 1st of August.