Virginia Argus (Richmond, Va.), 1807-09-09 00:00:00

VIRGINIA ARGUS.
[XVth YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 157.]
RICHMOND:—PRINTED (ON WEDNESDAYS AND SATURDAYS) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
[Four Dollars Per Annum—paid in Advance.]
WEDNESDAY, SEPTEMBER 9, 1807.
12 1-2 Cents Single.
Richmond Price Current.
   (CORRECTED WEEKLY.)     TOBACCO, $ 5 50 CASH.   WHEAT, new, 1 00 do.   FLOUR, superfine, new, 5 75 do.   FLOUR, fine, do., 5 25 do.   CORN, 4 00 do.   HEMP, clean, (per ton) 180 00 do.   IRON, 110 00 do.   BACON, 12 do. do.   WHISKEY, 48 do. do.  
PROSPECTUS OF Lewis & Clark's Tour TO THE PACIFIC OCEAN THROUGH THE INTERIOR OF THE CONTINENT OF NORTH AMERICA. PERFORMED BY ORDER OF THE GOVERNMENT OF THE UNITED STATES, DURING THE YEARS 1804, 1805 & 1806
This work will be prepared by Captain Meriwether Lewis, and will be divided into two parts, the whole comprising in three volumes octavo, the first containing at least seven hundred pages, the second and third from four to five hundred each, printed on good paper and a fair type. The several volumes in succession will be put to press as early periods as the avocations of the author will permit him to prepare them for publication.
PART THE FIRST: IN TWO VOLUMES.
VOLUME FIRST. Will contain a narrative of the voyage, with a description of some of the most remarkable places in those hitherto unknown wilds of America, accompanied by a map of good size, a large chart of the entrance of the Columbia river, embracing the adjacent country, coast and harbors, and embellished with views of two beautiful scenes of the Missouri; the plan, on a large scale of the connected falls of that river, as also of those of the falls, narrows, & great rapids of the Columbia, with their several portages. For the information of future voyagers, there will be added in the sequel of this volume, some observations & remarks on the navigation of the Missouri & Columbia rivers, pointing out the precautions which must necessarily be taken, in order to ensure success, together with an itinerary of the most direct and practicable route across the continent of North America, from the confluence of the Missouri and Mississippi rivers to the mouth of the Columbia into the Pacific Ocean.
VOLUME SECOND
Whatever properly appertains to geography, embracing a description of the rivers, mountains, climate, soil and face of the country; a view of the Indian nations distributed over that vast region showing their traditions, habits, manners, customs, national characters, structure, customs, dress, dwellings, arms, and domestic utensils with many other interesting particulars in relation to them; also observations and reflections on the subjects of civilizing, governing and maintaining friendly intercourse with those nations. A view of the far trade of North America setting forth a plan for its extension, and showing the immense advantages which would accrue to the mercantile interests of the United States, by combining the same with a direct trade to the East Indies through the continent of North America. This volume will be embellished with twenty plates illustrative of the dress and general appearance of such Indian nations as differ materially from each other; of their habitations; their weapons and habiliments used in war; their hunting and fishing apparatus; domestic utensils, &c. In an appendix there will also be given a diary of the weather, kept with great attention throughout the whole of the voyage, showing also the daily rise and fall of the principal water-courses which were navigated in the course of the same.
PART THE SECOND: IN ONE VOLUME.
This part of the work will be confined exclusively to scientific research, and principally to the natural history of those hitherto unknown regions. It will contain a full dissertation on such subjects as have fallen within the notice of the author, and which may properly be distributed under the heads of Botany, Mineralogy, and Zoology, together with some strictures on the origin of Prairie, the cause of the mudiness of the Missouri, & volcanic appearance, & other natural phenomena which were met with in the course of this interesting tour. This volume will also contain a comparative view of twenty three vocabularies of distinct Indian languages, procured by Captains Lewis and Clark on the voyage, and will be ornamented and embellished with a much greater number of plates than will be bestowed on the first part of the work, as it is intended that every subject of natural history which is entirely new, and of which there are a considerable number, shall be accompanied by an appropriate engraving illustrative of it.
This distribution of the work has been made with a view to the accommodation of every description of readers, and is here offered to the patronage of the public in such shape, that all persons wishing to become subscribers, may accommodate themselves with either of the parts, or the entire work, as it shall be most convenient to themselves.
Subscriptions received by C. and A. Conrad and Co. (late John Conrad and Co.) No 30, Chesnut street, Philadelphia; and by Samuel Pleasants, Jun. Richmond, agent for the Publishers.
Detached from this work, there will be published LEWIS & CLARK'S MAP OF NORTH AMERICA, From Longitude 9° West, to the Pacific Ocean, and between 38° and 52° North Latitude, with extensive Marginal Notes, dimensions five feet eight inches by three feet ten inches. Embracing all their late discoveries, and that part of the continent heretofore the least known. This Map will be compiled from the best maps now extant, as well published as in manuscript, from the collective information of the best informed travellers through the various portions of that region, and corrected by a series of several hundred celestial observations, made by Captain Lewis during his late tour.
For the convenience of subscribers, these several works will be delivered at the most respectable commercial towns, and at the seats of government of the respective states and territories within the Union: no advance is required, nor will payment be demanded until such delivery is made.
The price of part the first, in two volumes, will be ten dollars, and that of part the second, in one volume, eleven dollars, delivered in boards. Price of the Map, ten dollars.
Any persons who may have subscribed for these works, to lists which contained no stipulated price for the same, and who may be dissatisfied with the terms now proposed, are at liberty to withdraw their names from such lists, at any time prior to the 1st day of December next.
M. LEWIS. Philadelphia, June 3d, 1807.
If any gentleman who has good business wishes to employ an OVERSEER, with a small family, who can come well recommended for his honesty, sobriety, industry and good management, will be pleased to leave a letter with the Editor directed to T. H. S. who has for several years past, lived with a man on James River, who stands high in public estimation as a good manager.
N. B. This method is preferred to that of leaving his employer business to look for a place.
William Lownes,
RETURNS his sincere thanks to his friends and the public generally, for the liberal encouragement received since his commencement of business in Richmond; and hopes his assiduity to business, and punctuality, will entitle him to a continuance of their favors. He has removed to a house nearly opposite the Bell Tavern where he intends carrying on the Book Binding business in all its variety, and in the most modern, improved and fashionable style, with punctuality, neatness and dispatch.
Printed Books bound in the most elegant and substantial manner, in morocco and calf, full gilt and lettered; also, in sheep gilt and plain.
Blank Books of every description, ruled to any pattern, and bound with the large improved spring and patent backs, and Russia backs and parchment covers, which add much to the strength of the books, and ease and convenience of the writer.
Orders from the country will be thankfully received and punctually attended to as above.—Old Books re-bound.
Richmond, Aug. 31, 1807.
THE ten Legatees in-
TO LAND, under the Rev Mr. HERTS will be desired to meet the 1st October at the Green Springs, to empower some person to apply to the Courts of Ohio and Kentucky, to have the Land divided between them.
Robert Morris. Louisa, August 25 1807.
NOTICE.
ALL persons having claims against the estate of John Sanbridge deceased, are requested to bring them forward to the subscriber duly authenticated, on or before the first day of November next, at which time a dividend of the assets in my hands, will take place.—Those failing to comply with this advertisement will be excluded from the benefit of said dividend.
Thomas White. September 24, 1807.
TRACT OF LAND,
IN the county of Goochland, twenty eight miles from Richmond, and five from the courthouse, containing 305 1/2 acres. It is delightfully watered; on it are many acres of grass land, and is a fine mill seat. The growing crop will show its fertility. It will be shown and the terms made known by the subscriber when called on, who resides on the premises. I intend to offer to the highest bidder, my stock of different kinds and the plantation TOOLS, on the said farm, the first day of next month, on a credit of six months, for all sums over twenty dollars. On the same day, if my hand is sold, my household and kitchen FURNITURE will be offered for sale, on the same terms. I intend to Kentucky this fall and will transact business for any gentleman on commission, and thank him for his countenance.
John Markham.
TOMPKINS & MURRAY,
ARE now receiving from on board the ship Herschel at City Point, a large and general assortment of
Liverpool GOODS,
Selected and assorted to accommodate country merchants. They are also in daily expectation of receiving by the ship Calpe, an assortment of London GOODS. The whole will make a very full and complete assortment of USEFUL GOODS, which they are determined to sell by wholesale on very liberal terms. They will open in a few days in the house at present occupied by Bohn and Hubner, nearly opposite the Post Office.
Richmond, 31st August, 1807.
Just received and for sale at this office, Vol. 5, Part 1, or No. 9, Rees's New Cyclopaedia.
St. Hubert's Military Exercises, a neat edition with plates.
Acts of Louisiana.
Thomson's Seasons in Miniature.
Miseries of Human Life.
Novice of St. D. Milne, by Miss Owenson, author of the Wild Irish Girl, &c.
St. Clair, by the same.
Foster's Essays.
Alcman.
Exercises of Piety.
Curran's Speeches.
Marmion & its Memoirs.
New World's Preparation.
Parrier's Dictionary.
Raymond's Reports.
Bea's Surgery.
2nd Supplement to Barton's Medical & Physical Journal.
Blank Books, Of various kinds for sale at this Office.
SECOND VOL. REVISED CODE.
GENTLEMEN who have been so good as to receive subscriptions to the SECOND VOLUME of the REVISED CODE of VIRGINIA LAWS, now in the press, are respectfully requested to remit the subscription-papers to the publisher by the first of November next; on which day, the subscription, at the present price, will be closed.
JUST RECEIVED, From Dr. CHURCH'S Dispensary New-York, and for sale at this Printing-Office, a fresh supply of the following Patent Medicines:
CHURCH'S COUGH DROPS, A medicine unequalled by any in the world, for the cure of coughs, colds, asthma & consumption.
PATRIOT'S LOZENGES, For the voice, hoarseness, colds, coughs, &c. &c.
CHEMICAL ESSENCE AND EXTRACT OF MUSTARD,
For the cure of the rheumatism, gout, rheumatic gout, palsy, white swelling, chilblains, &c.
ANODINE ESSENCE, for the head-ache.
VOLATILE TINCTURE, for the tooth-ache.
THE BOTANICAL TEA,
INFALLIBLE GERMAN CORN PLAISTER, For the cure of corns.
CHURCH'S ANALYTIC FEMALE PILLS.
SCOTCH OINTMENT,
Cures the most inveterate itch in four hours with out Mercury.
ETE SALVE, for all disorders of the eyes.
ANTISORRIFIC TINCTURE,
For the teeth, breath, and scurvy in the gums.
ESSENCE OF SCURFY-GRASS,
For preventing and curing the sea & land scurvy.
VERMIFUGE LOZENGES,
For destroying worms in children & grown persons.
ANTISPASMODIC RELXIR,
For the cure of all kinds of Fits.
CORIAL RESTORATIVE BALSAM,
For nervous disorders, debility inward weakness &c. &c.
VEGETABLE LOTION,
For the face & skin, freckles, sun-burns, prick heat, ring worms, tetter, &c. &c.
DR. CHURCH'S ANTEPHLOUS PILLS,
For the cure of malignant and bilious fevers, dyspepsia, jaundice, costiveness, scurvy, cholera morbus, gravel, indigestion loss of appetite and all disorders of the head, stomach and bowels.
THE GENUINE PATENT ALTERNATIVE PILLS,
For the cure of scurvy, cutaneous disorders, the venereal disease, &c.
HOOPER'S FEMALE PILLS.
ESSENCE OF PEPPER MINT.
ALSO,
DR. CHURCH'S TREATISE ON THE VENEREAL.
Containing plain and easy directions for the speedy and effectual cure of that disease in both sexes; whereby any person may cure themselves at a small expense—price half a dollar.
Just received at S. Pleasants' Book Store,
Vol. 1. McCulloch's Selected Misc., containing 16 Nos. price 4 dollars. (12 1-2 cents per sheet.)
Memoirs of Marmontel, written by himself; containing his literary and political life, and anecdotes of the principal characters of the eighteenth century, 2 vols. price 2 dollars.
Marshall's Life of Gen. Washington, 5 vols. price 17 dollars.
Cranch's Federal Reports, 2 vols. 5 dollars.
Life of Charles J. Fox, by Walpole, 1 doll.
Gazette Publications, by H. H. Brackenridge, of Pittsburg, Pennsylvania, 1 doll. 25 cents.
Carey's New and improved edition of Ferguson's Lectures, 6 dolls.
The Wild Irish Girl, a National Tale—a new novel of great celebrity, 1 doll. 25 cents.
Coxe's New American Dispensatory, 4 dolls.
Bordley's Husbandry, Ossian's Poems, Village Sermons, &c. &c.
ALSO A GENERAL ASSORTMENT OF CAREY'S FAMILY BIBLES, From four to twelve dollars each.
Lately Published,
And for sale at the Office,
THE CURFEW,
A DRAMA BY TOBIN, author of the "HONEY MOON."
Extract from a British Criticism.—"The late Mr. Tobin, author of the HONEY MOON, was the parent of this play—a play replete with interest, deep pathos, and possessing many striking situations and much stage effect; the language is classical and abounds in imagery—the sentiments liberal and refined. It was received with the most eager attention and crowned with the most decided approbation." Mr. Phillips gave to Mr. James Webb Tobin, brother of the author near 1900 dollars for the copy. Its first representation was at Drury Lane on the 29th February, 1807.
August 7.
FOR SALE AT S. PLEASANTS' BOOK STORE,
HENING'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.
THE INFLUENZA,
Which has for several weeks past prevailed in all the large cities to the north, particularly in Albany (where we believe it commenced) New-York, Philadelphia and Baltimore, has, within a few days made its appearance in Richmond. Although a large proportion of our citizens are or have been affected by the disease, we are happy in being able to state that but few deaths have occurred; indeed we have heard of but one or two occasioned by it.
The following CURE for the INFLUENZA, is extracted from the Medical The-rea, edited by Doct. Charles Caldwell, and published by Messrs. Thomas and William Bradford of Philadelphia.
OF THE CURE.
SO moderate is the influenza in many instances, as to require but a few days refraining from the use of animal food, to lay in bed or keep within doors, taking at the same time some warm diluent drink, and to return gradually to the usual manner of living; whilst in others, again, great attention is absolutely necessary, and the cure difficult.
The treatment of this disorder must be either local, or general, or both; as will appear by attending to its history of symptoms, and its remote and proximate causes: but as most local remedies produce general effects, and general ones often relieve particular parts, it may be most proper to omit distinctions of this kind, and premise one universal rule by which the indications of cure are to be governed, viz. the season of the year, the state of the system, and the symptoms present.
1. BLOOD-LETTING is a proper and speedy remedy to take down the phlogistic diathesis, and may be either partial or general, according as the symptoms indicate. The pulse, though it may assist in determining the quantity of blood which should be drawn, and the frequency of the operation, it can by no means be allowed to direct us altogether in the use of this valuable remedy. From the great disposition which this fever discovered to degenerate into typhus we should be cautious in the use of the lancet, and all things else being equal, bleed less freely in the spring than in the fall of the year.
2. CATHARTICS, or purging medicines, are no doubt necessary, particularly if the patient be affected with a violent head-ache, a throbbing of the temporal arteries, much cough, constipation of the bowels, accompanied with a tense pulse: but as medicines of this kind debilitate the system considerably by a single operation, if given in full dose, it would seem safer [for the reason suggested under the preceding head] to administer them so as to keep the body regular, or gently lax; or to supply their place either by clysters, or emetics in the manner next to be mentioned.
3. VOMITS.—Whenever there appears to be an inflammation of the lungs, which may be known by stitches or acute pains about the chest, these would be improper, tending to give exquisite and unnecessary pain; and would endanger the rupture of blood vessel in the lungs, with all its bad consequences, without any probability of their proving serviceable. An early exhibition of full vomiting is very proper, in order to bring on a determination of the fluids to the surface of the body, which not only contributes to the expulsion of the existing cause, and thereby preventive of an inflammation of the lungs, &c. but often brings on a salutary perspiration over the whole body, a copious secretion of mucus in the bronchia, fauces and nose; and in this anticipating or assisting nature in her own way in bringing on a mild solution of the disease. It will therefore be best to limit full vomiting to the first stage of the complaint, and afterward to supply its place by emetic medicines in small doses, frequently repeated, so as to keep up a pretty constant nausea; for which purpose the gum ammoniac, antimonial wine, or emetic tartar is usually prescribed; and, though any one of them will answer tolerably well, the latter being copiously diluted and frequently given in small quantity, seems to have been attended with the happiest effects, by rendering the bowels moderately open, and keeping up a gentle diaphoresis. "This medicine administered in this manner, [in the opinion of doctor James Carmichael Smyth] had also a very remarkable effect in bringing on a remission of the febrile symptoms, and in accelerating the termination of the disease."
However, the long continued use of antimonials, or of nauseating medicines of any kind, is apt at length to debilitate the stomach so much as to render it, in a good measure, incapable of retaining food, drink, or medicine; and this, perhaps at a time when they are most needful. These medicines likewise soon lose their endorific power over the system, and, as Dr. Donald Monro assures us, even James' celebrated febrifuge powders have occasioned such a purging as to hasten the patients to their graves.
The MICTURA MUCILAGINOSA,* which is very frequently used in the Philadelphia Dispensary, is an agreeable and efficacious medicine in most catarrhal complaints; particularly where the cough is very distressing and the necessary evacuations have been previously made. A table spoonful every two or three hours, according as the cough, anxiety, morbid watchfulness, &c. are urgent, is the manner in
* R. Elixir: Paregoric: drachm j Vini Antimonial: drachm ss Mucilag: Gum Arabic: Succ: Glycyrrh: ss drachm j aquae Fontis ounces viij M.
which this excellent remedy is usually prescribed. This mixture possesses several advantages, as well from the medicine which it contains, as the due proportion in which they enter into its composition, and the facility with which its powers may be increased without becoming much [if at all] less agreeable to the patient. The mixture of opium will render it more anodyne in a given quantity, a few grains of tartar emetic will correct the constipating qualities of this, and the whole mixture is thereby more or less laxative; whilst their joint efficacy renders it more powerfully diaphoretic, with scarcely any alteration in its state, or diminution of its dilucent quality. But I have seldom seen it necessary either to vary the form of the prescription, or give any other opiate, and I have observed at least a thousand instances since I attended the practice of the above institution—where the use of it was attended not only with evident relief, but [as the patient sometimes emphatically expressed it] with 'blessed effects.'
4. LOW DIET. Animal food seems to be very hurtful, especially in the beginning of the disease; it ought therefore to be immediately laid aside, and a light vegetable or milk diet substituted in its stead. Doct. Rotherham is of opinion that 'an abstinence from all food would accelerate the cure' and possibly, in some cases, it might have this effect; yet as the prescription seems a harsh one, and might in many persons induce an irritation from hunger much more dangerous than the stimulus of a small quantity of bland aliment in the stomach, it would be preferable to allow as much as would allay this sensation. Low diet has its limits; nor should it be much longer persisted in than whilst the inflammatory diathesis is present in the system.
A gentleman of the faculty in this city, who had the influenza in the fall of 1789, strictly adhered to the antiphlogistic regimen, and to his astonishment perceived the disease, instead of abating, to grow worse; he reversed the plan, lived generously, and got well.
5. DILUENT DRINKS. Of whatever kind the fever may be, these seem to be indicated. There is a great variety of them, and but little preference; as any of them will answer sufficiently well, if a due attention be paid to their temperature and quantity.
As a general rule, tepid drinks, would seem to be safest, as cold ones sometimes do injury in inflammation of the lungs, and in some instances, might check or prevent a salutary perspiration; but as there are certainly some exceptions to this rule, much must be left to the sagacity of the physician.
Pure water, whey, barley-water, water acidulated with currant jelly, vinegar, lime juice, &c. with or without sweetening, are all very proper drinks in this disease.—Whilst an inflammatory diathesis prevails in the system, a little nitre or some such neutral salt may be dissolved in one or other of these drinks, and given with safety and advantage. Typhus and typhoid cases require diluents also; but occasionally, the patient may be allowed wine-whey, wine and water, veal-broth, chicken-broth, and pure unmixed wine, according to circumstances.
6. BLISTERS are frequently necessary in this complaint, and peculiarly so when pleuritic or peripneumonic symptoms become violent; in which case they are to be placed as directly over the part affected as possible. When the influenza is attended with ophthalmies, head-ach, or acute pains in the eye-balls, blisters applied over the temporal arteries, to the nape of the neck, or behind the ears are of eminent service.
7. The pediluvium should never be omitted in the incipient stage of this stage of

Trial of Aaron Burr.
OPINION
Of the Court, on the motion to arrest the evidence—delivered on
Monday, August 31.
(Continued.)
The court which gave this opinion was composed of four judges. At the time I thought them unanimous, but I have since had reason to suspect that one of them, whose opinion is entitled to great respect, and whose indisposition prevented his entering into the discussion, on some of those points which were not essential to the decision of the very case under consideration, did not concur in this particular point with his brethren. Had the opinion been unanimous, it would have been given by a majority of the judges. But should the three who were absent concur with that judge who was present, and who perhaps dissents from what was then the opinion of the court, a majority of the judges may overrule this decision. I should therefore feel no objection, although I then thought, and still think the opinion perfectly correct, to carry the point if possible again before the supreme court, if the case should depend upon it.
In saying that I still think the opinion perfectly correct, I do not consider myself as going further than the preceding reasoning goes. Some gentlemen have argued as if the supreme court had adopted the whole doctrine of the English books on the subject of accessories to treason. But certainly such is not the fact. Those only who perform a part, and who are leagued in the conspiracy are declared to be traitors. To complete the definition both circumstances must concur. They must "perform a part," which will furnish the overt act, and they must be "leagued in the conspiracy." The person who comes within this description, in the opinion of the court levies war. The present motion, however, does not rest upon this point; for, if under this indictment, the United States might be let in to prove the part performed by the prisoner, if he did perform any part, the court could not stop the testimony in its present stage.
2d. The second point involves the character of the overt act which has been given in evidence, and calls upon the court to declare whether that act can amount to levying war. Although the court ought now to avoid any analysis of the testimony which has been offered in this case, provided the decision of the motion should not rest upon it, yet many reasons concur in giving peculiar propriety to a delivery, in the course of these trials, of a detailed opinion on the question, what is levying war? As this question has been argued at great length, it may probably save much trouble to the counsel now to give that opinion.
In opening the case it was contended by the attorney for the United States and has since been maintained on the part of the prosecution, that neither arms nor the application of force or violence are indispensably necessary to constitute the fact of levying war. To illustrate these positions several cases have been stated, many of which would clearly amount to treason. In all of them, except that which was probably intended to be this case, and on which no observation will be made, the object of the assemblage was clearly treasonable: its character was unequivocal, and was demonstrated by evidence furnished by the assemblage itself; there was no necessity to rely upon information drawn from extrinsic sources, or in order to understand the fact, to pursue a course of intricate reasoning and to conjecture motives. A force is supposed to be collected for an avowed treasonable object, in a condition to attempt that object, and to have commenced the attempt by moving towards it. I state these particulars because although the cases put may establish the doctrine they are intended to support, may prove that the absence of arms, or the failure to apply force to sensible objects by the actual commission of violence on those objects, may be supplied by other circumstances, yet, they also serve to show that the mind requires those circumstances to be satisfied that war is levied.
Their construction of the opinion of the supreme court is, I think, thus far correct. It is certainly the opinion which was at the time entertained by myself, and which is still entertained. If a rebel army avowing its hostility to the sovereign power, should front that of the government, should march and countermarch before it, should manoeuvre in its face, and should then disperse from any cause whatever without firing a gun, I confess I could not without some surprise, hear gentlemen seriously contend that this could not amount to an overt act of levying war. A case equally strong may be put with respect to the absence of military weapons. If the party be in a condition to execute the purposed treason without the usual implements of war, I can perceive no reason for requiring those implements in order to constitute the crime.
It is argued that no adjudged case can be produced from the English books where actual violence has not been committed. Suppose this were true. No adjudged case has, or it is believed, can be produced from those books in which it has been laid down, that war cannot be levied without the actual application of violence to external objects. The silence of the reporters on this point may be readily accounted for. In cases of actual rebellion against the government, the most active and influential leaders are generally most actively engaged in the war, and as the object can never be to extend punishment to extermination, a sufficient number are found among those who have committed actual hostilities, to satisfy the avenging arm of justice. In cases of constructive treason, such as pulling down meeting houses, where the direct and avowed object is not the destruction of the sovereign power, some act of violence might be generally required to give to the crime a sufficient degree of malignity to convert it into treason, to render the guilt of any individual unequivocal.
But Vaughan's case is a case where there
was no real application of violence, & where the act was adjudged to be treason. Gentlemen argue that Vaughan was only guilty of adhering to the king's enemies, but they have not the authority of the court for so saying. The judges unquestionably treat the cruising of Vaughan as an overt act of levying war.
The opinions of the best elementary writers concur in declaring, that where a body of men are assembled for the purpose of making war against the government, and are in a condition to make that war, the assemblage is an act of levying war. These opinions are contradicted by no adjudged case and are supported by Vaughan's case. This court is not inclined to controvert them.
But although in this respect, the opinion of the supreme court has not been misunderstood, on the part of the prosecution, that opinion seems not to have been fully adverted to in a very essential point in which it is said to have been misconceived by others.
The opinion I am informed, has been construed to mean, that any assemblage whatever for a treasonable purpose, whether in force or not in force, whether in a condition to use violence or not in that condition, is a levying of war. It is this construction, which has not indeed been expressly advanced at the bar, but which is said to have been adopted elsewhere, that the court deems it necessary to examine.
Independent of authority, trusting only to the dictates of reason, and expounding terms according to their ordinary signification, we should probably all concur in the declaration that war could not be levied without the employment and exhibition of force. War is an appeal from reason to sword, and he who makes the appeal evidences the fact by the use of the means. His intention to go to war may be proved by words, but the actual going to war is a fact which is to be proved by open deed. The end is to be effected by force, and it would seem that in cases where no declaration is to be made, the state of actual war could only be created by the employment of force or being in a condition to employ it.
But the term having been adopted by our constitution, must be understood in that sense in which it was universally received in this country, when the constitution was framed. The sense in which it was received is to be collected from the most approved authorities of that nation from which we have borrowed the term.
Lord Coke says, that levying war against the king was treason at the common law. "A compassing or conspiracy to levy war, he adds, is no treason, for there must be a levying of war in fact." He proceeds to state cases of constructive levying war, where the direct design is not to overthrow the government but to effect some general object by force. The terms he employs in stating these cases, are such as indicate an impression on his mind, that actual violence is a necessary ingredient in constituting the fact of levying war. He then proceeds to say, "an actual rebellion or insurrection is a levying of war within this act." "If any with strength and weapons invasive and defensive doth hold and defend a castle or fort against the king and his power, this is levying of war against the king." These cases are put to illustrate what he denominates "a war in fact." It is not easy to conceive "an actual invasion or insurrection" unconnected with force, nor can "a castle or fort be defended with strength and weapons invasive and defensive" without the employment of actual force. It would seem then to have been the opinion of Lord Coke, that to levy war there must be an assemblage of men in a condition and with an intention to employ force. He certainly puts no case of a different description.
Lord Hale says, (149, 6) "what shall be said a levying of war is partly a question of fact, for it is not every unlawful or riotous assembly of many persons to do an unlawful act, though de facto they commit the act they intend, that makes a levying of war; for then every riot would be treason, &c." "but it must be such an assembly as carries with it speciem belli , the appearance of war, as if they ride or march veatillis explicitis , with colours flying, or if they be formed into companies or furnished with military officers, or if they are armed with military weapons as swords, guns, bills, halberds, pikes, and are so circumstanced that it may be reasonably concluded they are in a posture of war, which circumstances are so various that it is hard to describe them all particularly."
"Only the general expressions in all the indictments of this nature that I have seen are more guerrino arraiati ," arrayed in warlike manner."
He afterwards adds, "If there be a war levied as is above declared, viz. an assembly arrayed in warlike manner, and so in the posture of war for any treasonable attempt, it is bellum livatum but not percussum ."
It is obvious that Lord Hale supposed an assemblage of men in force, in a military posture, to be necessary to constitute the fact of levying war. The idea he appears to suggest, that the apparatus of war is necessary, has been very justly combated by an able judge who has written a valuable treatise on the subject of treason; but it is not recollected that his position, that the assembly should be in a posture of war for any treasonable attempt, has ever been denied. Hawk. ch. 17, sec. 23, says, "That not only those who rebel against the king and take up arms to dethrone him, but also in many other cases, those who in a violent and forcible manner withstand his lawful authority are said to levy war against him, and therefore those that hold a fort or castle against the king's forces, or keep together armed numbers of men against the king's express command, have been adjudged to levy war against him."
The cases put by Hawkins are all cases of actual force and violence. "Those who rebel against the king and take up arms to dethrone him," in many other cases those "who in a violent and forcible manner withstand his lawful authority." "Those that hold a fort or castle against his forces, or keep together armed numbers of men against his express command."
These cases are obviously cases of force and violence. Hawkins next proceeds to describe cases in which war is understood to be levied un-
der the statute, although it was not directly made against the government. This Lord Hale terms an interpretative or constructive levying of war; and it will be perceived that he puts no case in which actual force is dispensed with.
"Those also, he says, who make an insurrection in order to redress a public grievance, whether it be a real or pretended one, and of their own authority attempt with force to redress it, are said to levy war against the king, although they have no direct design against his person, inasmuch as they insolently invade his prerogative by attempting to do that by private authority which he by public justice ought to do, which manifestly tends to a downright rebellion. As where great numbers by force attempt to remove certain persons from the king, &c." The cases here put by Hawkins of a constructive levying of war, do in terms require force as a constituent part of the description of the offence.
Judge Foster, in his valuable treatise on treason, states the opinion which has been quoted from Lord Hale, and differs from that writer so far as the latter might seem to require swords, drums, colours, &c. what he terms the pomp and pageantry of war, as essential circumstances to constitute the fact of levying war. In the cases of Damaree and Purchase, he says, "the want of these circumstances weighed nothing with the court although the prisoner's counsel insisted much on that matter." But he adds, "the number of the insurgents supplied the want of military weapons: and they were provided with axes, crowns and other tools of the like nature, proper for the mischief they intended to effect. Fuer arma viustrat. "
It is apparent that Judge Foster here alludes to an assemblage in force, or as Lord Hale terms it, "in a warlike posture"—that is in a condition to attempt or proceed upon the treason which had been contemplated. The same author afterwards states at large the cases of Damaree and Purchase from 8th state trials, and they are cases where the insurgents not only assembled in force, in the posture of war, or in a condition to execute the treasonable design, but they did actually carry it into execution, and did resist the guards who were sent to disperse them.
Judge Foster states, sec. 4, all insurrections to effect certain innovations of a public and general concern by an armed force, to be in construction of law, high treason within the clause of levying war.
The cases put by Foster of constructive levying of war, all contain as a material ingredient, the actual employment of force. After going through this branch of his subject, he proceeds to state the law in a case of actual levying war, that is, where the war is intended directly against the government.
He says, sec. 9, "An assembly armed and arrayed in a warlike manner for a treasonable purpose is bellum livatum tho' actum non fuerit . Listing and marching are sufficient overt acts without coming to a battle or action. So cruising on the king's subjects under a French commission, France being then at war with us, was held to be adhering to the king's enemies though no other act of hostility be proved."
"An assembly armed and arrayed in a warlike manner for any treasonable purpose," is certainly in a state of force; in a condition to execute the treason for which they assembled. The words "enlisting and marching," which are overt acts of levying war, do in the arrangement of the sentence, also imply a state of force, tho' that state is not expressed in terms for the succeeding words, which state a particular event as not having happened, prove that event to have been the next circumstanced to those which had happened—they are "without coming to a battle or action." "If men be enlisted and march," (that is, if they march prepared for battle or in a condition for action, for marching is a technical term applied to the movement of a military corps) it is an overt act of levying war though they do not come to a battle or action. This exposition is rendered the stronger by what seems to be put in the same sentence as a parallel case with respect to adhering to an enemy. It is cruising under a commission from an enemy without committing any other act of hostility. Cruising is the act of sailing in warlike form and in a condition to assail those of whom the cruiser is in quest.
This exposition which seems to be that intended by Judge Foster, is rendered the more certain by a reference to the case in the state trials from which the extracts are taken. The words used by the Chief Justice are "when men form themselves into a body and march rank and file with weapons offensive and defensive, this is levying of war with open force, if the design be public." Mr. Phipps, the counsel for the prisoner afterwards observed, "Intending to levy war is not treason unless a war be actually levied." To this the Chief Justice answered, "Is it not actually levying of war, if they actually provide arms, and levy men, and in a warlike manner set out and cruise, and come with a design to destroy our ships?" Mr. Phipps still insisted "it would not be an actual levying of war unless they committed some act of hostility." "Yes, indeed, said the Chief Justice, the going on board and being in a posture to attack the king's ships." Mr. Baron Powis added, "but for you to say that because they did not actually fight it is not a levying of war, is it not plain what they did intend? That they came with that intention, that they came in that posture, that they came armed, and had guns and blunderbusses and surrounded the ship twice; they came with an armed force, that is a strong evidence of the design."
The point insisted on by counsel in the case of Vaughan, as in this case, was, that war could not be levied without actual fighting. In this the counsel was very properly overruled; but it is apparent that the judges proceeded entirely on the idea that a warlike posture was indispensable to the fact of levying war.
Judge Foster proceeds to give other instances of levying war. "Attacking the king's forces in opposition to his authority upon a march or in quarters is levying war." "Holding a castle or fort against the king or his forces, if actual force be used in order to keep possession, is levying war. But a bare detainer as suppose by
shutting the gates against the king or his forces, without any other force from without, Lord Hale conceiveth will not amount to treason."
The whole doctrine of Judge Foster on this subject, seems to demonstrate a clear opinion that a state of force and violence, a posture of war must exist to constitute technically as well as really the fact of levying war.
Judge Blackstone seems to concur with his predecessors. Speaking of levying war, he says, "This may be done by taking arms not only to dethrone the king, but under pretence to reform religion, or the laws, or to remove evil counsellors, or other grievances, whether real or pretended. For the law does not, neither can it permit any private man or set of men to interfere forcibly in matters of such high importance."
He proceeds to give examples of levying war, which show that he contemplated actual force as a necessary ingredient in the composition of this crime.
It would seem then from the English authorities, that the words "levying war," have not received a technical different from their natural meaning, so far as respects the character of the assemblage of men which may constitute the fact. It must be a warlike assemblage, carrying the appearance of force, and in a situation to practice hostility.
Several judges of the United States have given opinions at their circuits on this subject, all of which deserve and will receive the particular attention of this court.
In his charge to the grand jury when John Fries was indicted, in consequence of a forcible opposition to the direct tax, Judge Iredell is understood to have said, "I think I am warranted in saying, that if in the case of the insurgents who may come under your consideration, the intention was to prevent by force of arms the execution of any act of the Congress of the United States altogether, any forcible opposition calculated to carry that intention into effect, was a levying of war against the United States, and of course an act of treason." To levy war then, according to this opinion of Judge Iredell, required the actual execution of force. (To be Continued.)
Latest Proceedings in the Trial.
THURSDAY, Sept. 3.
In addition to the other occurrences of this day, (which were mentioned in the last Argus) Col. Burr said he had lately discovered that a letter from Gen. Wilkinson to the President, bearing date Nov. 12th, 1806, might be material in his defence. He had made an affidavit to that effect.
Mr. Hay acknowledged that he had that letter; but observed that some parts of it were of such a nature as ought not to be made public. It had been communicated to the President in the strictest confidence, and contained several strictures upon certain characters in the western country, & free remarks on the state of affairs there, the revealing of which might be productive of mischief, and could be of no service to the accused. He observed that a part only of that letter could be evidence. He therefore wished the court to examine it, and select such parts as, in its judgment, might be necessary to the defence of Col. Burr.
The counsel for Col. Burr objected to this, saying it would be transforming the court into a secret tribunal. The Chief Justice proposed that the letter should be submitted to their inspection; and that such parts should be selected by them as they conceived would be useful to their client.
Mr. Hay consented; and said he had no objection that Messrs. Botta, Wickham & Randolph should upon honor, examine the letter; and take only such parts of it as apply to the case. On this subject some dissitory conversation took place; in the course of which Mr. Botta suggested a difficulty; that Mr. Hay might think certain parts of the letter not important as evidence in favor of Col. Burr, which his counsel might conceive to be very important. Mr. Hay said, in case of a difference between Mr. Botta and himself, he was willing the Court should decide.
Mr. Botta. It is the right of every person accused to decide what evidence is important in his cause. We have heard that Gen. Wilkinson has shown that letter to several persons; perhaps it was before the grand jury. There can, therefore, be no objection to its being published.
Mr. Hay. I wish it to be distinctly understood that no parts of the letter are to be used as evidence but such as are agreed upon, and that no part is to be shown to Col. Burr. Gen. Wilkinson would not choose to depend on the honor of Aaron Burr.
Mr. Botta. We shall certainly do nothing with the letter, if our client is not permitted to see it. Mr. Wickham made a similar declaration; and declined any agency in examining the letter.
The subject was waved for the present, on Col. Burr's observing that perhaps the counsel on both sides might come to some agreement on the point by the next day.
FRIDAY, Sept. 4.
The court met at twelve o'clock. Present the Chief Justice of the United States.
Col. Burr again demanded the letter, (concerning which no agreement had taken place) and wished to know whether it had not been shown to the grand jury.
Mr. Hay said he would state explicitly that the letter never had been shown to the grand jury.
Col. Burr. Was not a copy shown to the grand jury?
Mr. Hay. I know not. I am not as well acquainted with what passed in the grand jury room as some other people are.
Some conversation ensued about the letter of the 21st Oct. for which a Subpoena duces tecum was formerly obtained. Mr. Hay again declared he could not find the original, but offered the copy, as he had several times heretofore. In support of that credit which ought to be attached to that copy, he observed that there was an exact coincidence between a copy (with which he had been furnished by Gen. Wilkinson) of the letter of the 12th of Nov. and the original in his possession. The copy of that of the 21st of Oct. was in the same hand writing; being retained by Gen. W. when
the original was sent to the President of the U.S.; at a time when it was not expected it ever would be wanted for the purpose for which it is now demanded.
Mr. Duncan (counsellor of law from N. Orleans) was then sworn as a witness; & deposed that both the copies appeared to be in the hand writing of a Mr. Walter Burling, who acted as aid-de-camp and secretary to Gen. Wilkinson during his expedition to the Sabine; and that he was well acquainted with that gentleman's hand writing. In addition to this Mr. Hay was willing to swear, (if required) that the original letter of the 21st of Oct. was not in his possession. The President in his return to the subpoena duces tecum had declared that he had desired Mr. Rodney to send that letter to Mr. Hay. Mr. Rodney in his communication to the latter had said he had sent all the letters. A large packet of papers had been sent; but this (of the 21st of Oct.) was not found among them.
The counsel for Col. Burr requested time, until the next day, to compare the copy in question with the public documents; to see whether the copy would answer their purpose without requiring the original. Time was accordingly granted.
The Chief Justice asked Mr. Hay if there was any objection to trying the midemeanor against Gen. Dayton? Mr. Hay said he wished to go on with the trial now before the court. Until that trial should be gone through, he could not tell whether sufficient evidence could be obtained against Gen. Dayton, or not; since he had never seen the evidence exhibited to the Grand Jury, and had only taken, from some of the witnesses, general notes of the points to which their testimony related. He had no evidence, within his knowledge at present, bearing on Gen. Dayton, but his letter to Gen. Wilkinson.
The Chief Justice observed that the Court would not compel the attorney for the U. S. to bring on the trial; but he ought to consider whether there was any chance of success in the prosecution; and, if he was confident there was no chance, ought to dismiss it. He mentioned that Gen. Dayton was admitted to have been in New-Jersey; and that no act was done by him in the state of Virginia.
Mr. Hay said the opinion of counsel would be regulated by the opinion of the court as to law. If the court were of opinion that it was necessary to prove some act to have been done by Gen. Dayton within the limits of Virginia, he would admit there was no chance of convicting him; but, if evidence connecting him with the persons who performed criminal acts in this state was admissible, there might be a very probable chance.
The Chief Justice declared he meant to give no opinion on this point; and should not give any in the present stage of the business.
The question, about the letter of the 12th of November again recurred.
Mr. Burr argued that the whole of Gen. Wilkinson's letter ought to be made public. If it contained attacks on public characters; and those attacks were supported by truth; they ought to be made known for the general good. If, on the contrary, they were false and malicious; and respectable characters had been unjustly injured in the President's estimation by the denunciations of Gen. Wilkinson; it would be horrible injustice to shield the accuser, and condemn, without a hearing, those who had been attacked. He contended that state-secrecy ought not to be set up, to prevent a man, whose liberty is in danger, from having full means of defence.
Col. Burr. If a man avows that he has made secret denunciations, he acknowledges his own business.
Mr. Hay. The objection does not come from Gen. Wilkinson, but from myself—Aaron Burr has a right to so much of the letter as is necessary for his defence; and no more. It has been shown to your honor in private; and you will perceive that a great part of it has no relation to the defence of the accused, and cannot, by any possibility, be of any service to him. Is the object only to publish the letter, to gratify the malicious desire of occasioning discord between Gen. Wilkinson and other gentlemen? I know not that the accused wishes it for that purpose; but I will not put it in his power. His conduct and that of his counsel at present is the same as on a former occasion. They objected vehemently to the evidence of Jacob Albright; alleged a variance between his statements then, and those contained in his affidavit which had been previously taken; and demanded the production of that affidavit, for the pretended purpose of proving his inconsistency. When I produced, and gave it to them, they made no use of it!! I believe they would act in the same manner with respect to this letter; for there is nothing in it that has the most distant bearing on the cause. Two passages, particularly, have no more connexion with it than the first chapter of Genesis. He concluded with positively declaring that he would not produce the whole letter, unless it should be extorted by the court; and, if the court ruled him to produce it, he would even go to prison.
Col. Burr said he should not wish it to come to that issue.
Mr. Wickham observed that, in the Dutchess of Kingston's case, many delicate and secret transactions were compelled to be developed. He insisted that the President of the U. S. himself cannot conceal evidence without saying that the public good requires it; that that is the only ground on which papers can be withheld; delicacy as to private persons furnishing no good reason for withholding them; and that the President could not delegate to Mr. Hay the keeping of his conscience. He contended, too, that the letter might be important to invalidate the testimony of Gen. W. against Col. Burr, if they could prove it contained calumnies against other persons; because, thereby, the credibility of Gen. W. would be diminished; and that, even if it would not answer their purpose, they had a right to demand it.
Mr. Hay. If the court thinks the affidavit filed by Col. Burr, is sufficient, (which affidavit is only that the letter may be material) I have no objection to a subpoena duces tecum being issued against me, returnable in ten days; and I will make my return upon oath.
The counsel for Col. Burr agreed to accept of Mr. Hay's certificate without an oath.

The Chief Justice. It is not necessary, Mr. Hay, for you to state that certain parts of the letter are withheld. The subpoena duces tecum is only to bring the paper into court. Whether you have a right to withhold any part of it from the jury, is a question which will occur hereafter.
Mr. Hay insisted that the following should be received as his return in writing; which was agreed to.
I hereby acknowledge service of the above subpoena, and herewith return a correct and true copy of the letter mentioned in the same, dated 12th Nov. 1865, excepting such parts thereof as are, in my opinion, not material for the purposes of justice, for the defence of the accused, or pertinent to the issue now about to be joined: the parts excepted being confidentially communicated to the President, and he having devolved on me the exercise of that discretion which constitutionally belongs to himself. The accuracy of this opinion I am willing to refer to the judgment of the Court, by submitting the original letter to its inspection. I further certify, in order to show, more clearly, the irrelevancy of the parts excepted, to any defence which can be set up in the present case, that those parts contain a communication of the opinion of the writer concerning certain persons; about which opinion, or the fact of his having communicated it, the writer, if a witness before the court, could not legally, as I conceive, be interrogated, and about which no evidence could legally be received from other persons.
GEORGE HAY.
He then offered to read such parts of the letter as were proper for public view; in order to show the total irrelevancy to the defence of Aaron Burr, even of those parts.
The counsel on the other side would not permit them to be read.
Mr. Botta said it would be painful for them to move for an attachment against Mr. Hay. Another alternative was to make a motion, that the cause should stand continued until the whole letter should be produced.
On this motion an able and animated discussion ensued; conducted by Messrs. Botta & Wickham on one side, and Messrs. McRae and Wirt on the other.
On the part of Col. Burr, it was contended that the Attorney for the U. S. had no discretion to withhold the paper; and that the court had no right to judge in secret upon it. The Attorney for the U. S. ought not to have that discretion; because from the nature of his office, he was inclined against the accused, and wished to have him convicted. The President could not delegate this power to him, even if he possessed it himself. The court ought not to assume the power of examining the paper & judging whether it should be produced; because the counsel for the prisoner would not be possessed of the means of arguing on the opinion to be formed by the court; which they had a right to do.
It was urged that Col. Burr believed that the parts of the letter which were attempted to be withheld were important to his defence; but that the parts which Mr. Hay was willing to show were unimportant; that in a government like ours, of responsibility, nothing of a domestic nature ought to be concealed; and that justice ought not to yield to action.
The counsel for the U. S. insisted that the affidavit of the accused (that the letter may be material) was too vague and uncertain to furnish a reason for compelling its production; that Mr. Hay's return (which was to be considered as being on oath) showed that the letter ought not now to be considered as material; since his solemn and positive declarations ought to outweigh the doubtful suppositions or surmises of Col. Burr; that the arguments on the other side only tended to show what the counsel for the U. S. admitted, that the paper ought not to be withheld, if it was necessary or material to the defence of the prisoner; but, since it related altogether to other persons, and could not be useful for his defence, they contend he had no right to demand it; that the letter having been confidentially written to the President of the U. S. the President had a right to withhold it under the circumstances of this case, and to delegate the power of acting in his stead to Mr. Hay, which he had done; that as the court could not perceive the irrelevancy of the letter to the case of Col. Burr, and of course, the impropriety of its being produced on his motion—it became necessary for the court to read and judge of it, before it could be shown to him and his counsel; which (if an inconvenience) was unavoidable.
In the course of this debate, Mr. Wickham said that the high trust which the people reposed in the virtues, intelligence and patriotism of the President of the U. S. could not be transferred to Mr. Hay. He meant no disrespect to that gentleman by saying so; but the President, by virtue of his office, was presumed to be superior in talents & every other great qualification to the Attorney for the Virginia District.
Mr. Wirt, in his reply, observed, that the immense inferiority of Mr. Hay (the counsel who here represented the President of the U. S.) to that exalted character, was readily acknowledged. And, in like manner, he would not pretend to say that there was any comparison between the great Aaron Burr, and his representative, Mr. Wickham, in genius, in science, in integrity, and in pure patriotism!
A few minutes before 5 o'clock, the Chief Justice decided that, under the circumstances of this case, it was not in the power of the court to say that the letter should not be produced; that the reasons assigned for withholding it were not sufficient, and that, if it were not produced, the court must either take measures to compel a compliance with its process, or continue the cause. With respect to such parts as were deemed confidential, the court would take measures to prevent their being made public, by providing that no copies should be taken; that no use should be made of the letter, except in relation to the trial; that it should not go out of court; and that those persons who take notes of the proceedings were not to consider themselves as liberty to publish any part of that letter. He concluded by saying, that the production of the letter in court might contribute to remove many of those suspicions, which its suppression would infallibly excite.
The court then adjourned until Saturday 12 o'clock.
SATURDAY, September 5.
Mr. Hay wished to extend the terms of his return on the subpoena duces tecum; and offered the following addition to the return:
I hereby certify that, upon a more minute examination of the letter above-mentioned, I have observed other passages which are entirely of a public nature, and which, according to my best judgment, ought not to be disclosed, and which, I conceive, would not be disclosed by the President himself, if the return were to be made by him.
GEO: HAY.
He observed that he did not think himself authorised to disclose such parts of the letter as the President himself would refuse, and proposed to send an express to the President, who is now at Monticello, to consult him on the subject. The express might return by Tuesday, at which time the trial could perhaps proceed.
Col. Burr said he thought probable some arrangement could be made among the counsel by which the trial might take place on Monday. If the panel of the jury should be approved of, perhaps he might waive insisting on the production of the letter.
Mr. Hay declared that, no other arrangement could be made but that of furnishing a copy of such parts as were proper for the public eye.
The Chief Justice said that, as to such parts as were considered to be secrets of state, they certainly could not be compelled to be produced.
Mr. Martin. We can compel the President to appear and produce the whole letter!
Mr. Botta observed, he wished Mr. Hay to understand that the counsel for Col. Burr did not mean to commit themselves absolutely. They were willing to go to trial under the prospect that the letter might be furnished by the time it would be wanting in the course of proceeding; but, if it should be ultimately withheld, they meant to reserve the right of insisting hereafter on its production.
Col. Burr. At present I know of no objection to the trial on Monday.
Mr. Martin mentioned the case of Israel Smith.—Mr. Hay, under the opinion of the court heretofore pronounced, entered a nolle prosequi on the indictment against Mr. Smith, for the treason charged to have been committed in Virginia.
The session of the court was suspended till half after 2 o'clock; at which time bail was to be offered by Col. Burr. Gen. JONATHAN DAYTON of New-Jersey, and Major THOMAS LANGBURN of this city, were accepted as his bail.
The court then adjourned until Monday 10 o'clock.
MONDAY, Sept. 7.
Mr. Botta observed, the court would recognize that, when the motion was made for a continuance, counsel for Col. Burr deprecating the serious inconvenience of delay. It was to be regretted that they should be driven into trial without the letter; but as it might probably be received in the course of the trial, they would consent to begin it.
Mr. Hay. I should not wish the trial to be gone into with such a declaration on the part of the accused. I have sent an express to Monticello, and expect him to return by to-morrow 12 o'clock. I therefore, wish the jury not to be fully sworn to-day.
The Chief Justice. There is no necessity for delay on that account. As the paper will probably be here by the time it is wanting (which will not be the case until the defence is opened) the trial had better now be commenced.
Mr. Hay. I wish every preparation for the trial to be made to-day, but that it may not commence until to-morrow. I expect some communication from the President, which may have considerable influence on me, with respect to my conduct in the trial.
A Nolle Prosequi was entered on the indictment for treason against Herman Blumerhassett; and Dudley Woodbridge of Marietta (state of Ohio) was accepted as his bail. The sum in which they were each bound was five thousand dollars.
The jury summoned to try Aaron Burr on the indictment for a misdemeanor were called over.
Mr. Orris Paine being called, Mr. Hay stated that he was a very near connexion of his. He had frequently heard him express opinions on the subject. Col. Burr said he might get a worse man. Mr. Hay was certain he could not get a better; but, through motives of delicacy, wished him to be excused. He was set a side for the present.
Mr. Thomas Underwood, sen. was challenged by the accused. The Chief Justice. No peremptory challenge is allowed in this case. Col. Burr. I admit it; but I understand this gentleman has formed and expressed opinions unfavorable to me. Mr. Underwood. It is very true. I have formed and expressed opinions very unfavorable to you. He was rejected.
Messrs. James Bootright and Obadiah Gathright were accepted, without objection, or examination.
Mr. John Murphy was asked by Col. Burr if he had formed any opinion on his case. He answered he did not recollect that he had ever expressed one; but it was more than probable; as there were few persons who had not. He was accepted.
Mr. Byrd George wished to be excused on account of his health; having then a high fever. Col. Burr observed that perhaps he might be better to-morrow. The Chief Justice. If he is not sick to-morrow, he will attend. If he does not attend, however, his non-attendance will not be noticed by the court.
Mr. William Nee was objected to by Col. Burr, on the ground that he had formed opinions against him. He acknowledged he had done so, and had probably expressed them. He was therefore rejected.
Mr. John McRae was excused on motives of delicacy; being the brother of one of the counsel for the United States.
Mr. Francis B. Walker (of Mecklenburg county) was challenged by Col. Burr. He said he was about to make objections to himself. He believed the plans generally
attributed to Col. Burr (of a design to seize New-Orleans, and invade Mexico) were his real plans. Mr. Walker was rejected.
Mr. Benjamin T. Harris being called, Col. Burr observed that the gentleman was a stranger to him. He would rely on his candor to say whether he had imbibed prejudices against him. Mr. Harris said, that from what he had heard, he was impressed with a belief there was something improper. He had strong impressions, and still retained them. He was rejected.
Mr. Jacob Ege was considered by Col. Burr to have imbibed strong prejudices against him. He acknowledged that he had imbibed, and had also expressed them. He was therefore rejected.
A Mr. Williams was set aside, being not a freeholder.
Mr. Robert Adams was rejected on the same grounds with Mr. Ege.
Col. Nathaniel Wilkinson of Henrico being called, was asked by Col. Burr whether he had imbibed a prejudice against him.—He answered I have.—Col. Burr A strong one? A. Very strong.—Q. do you still retain it? A. Yes. I am only sorry that I can't have a touch at you for the treason.
Mr. Abraham Cowley, a Mr. Tucker, and Mr. James Whitelaw severally made objections to themselves, on the ground that they had formed and freely expressed very unfavorable opinions of the accused. They were excused from serving.
Col. William Bentley of Powhatan, Mr. Yeaman Smith and Mr. Richard Young were accepted by Col. Burr, without objection, or examination.
Mr. John Underwood was excused; having been three months absent from his family on a journey to Kentucky, and being now on his return.
Mr. John Austin declared he had a strong prejudice against Col. Burr; having heard that he went in disguise. He had said that no good man could do so.—It would be difficult to remove his impressions.—He was excused.
Mr. Joseph P. Owen was set aside for the present; having been summoned as a Juror to attend the District Court of Richmond now sitting.
The Jury not being completed, the Court adjourned until Tuesday, one o'clock P. M. to enable Mr. Hay to receive the communication expected from the President of the U. S. before its session should again commence.
TUESDAY, September 8.
The weather being very wet; (which it is supposed prevented some of the persons summoned on Monday as jurors from attending to day;) it being found very difficult to get a sufficient number who had not formed and declared opinions unfavorable to Col. Burr, to constitute a jury; and the express, which Mr. Hay had sent to the President of the United States, not having returned; the trial was postponed.
A small progress was made in getting the jury; Messrs. Carter Berkeley and Robert McKim (the former declaring that he had formed no definitive opinion, and the latter that he had formed none at all, as to the guilt or innocence of the accused,) being added to the list of persons accepted as jurors.
Messrs. Daniel Price, John Richard, John Harris, William McKim, Joseph Mayo, Robert Right, Benjamin Stetson and George W. Dixon were severally rejected on the ground that they had formed and expressed opinions unfavorable to the accused.
Mr. Israel Smith was admitted to bail; and entered into a recognizance, in the sum of five thousand dollars; with John B. Walton and John Alcock his securities, in the sum of two thousand five hundred dollars each.
The court adjourned; to sit again on this day (Wednesday) at eleven o'clock.
We are informed, that the Governors of Ohio, Michigan, & Indiana, are immediately to be called on, by the government of the United States, to put forth the requisite militia to check the hostile spirit, which manifested by the Northern Tribes (supposed to have been instigated by the English Traders among them) and, if necessary, to chastise the Savages.—Phil. Reg.
It was yesterday rumored in this city but we do not vouch for the correctness of the rumour, that general Hull, governor of Michigan Territory, had retired from the attacks of the Indians.
[N. Y. Paper.]
DIED.—At his father's seat, a few miles from this city, on Sunday morning last, after a short, but severe illness, Mr. ALEXANDER GEORGE, in the 22d year of his age.—He has left two fond parents, an affectionate brother and sister, and a loving wife to deplore his loss!—In this young gentleman was centered every quality necessary to make a good and honest man. He was beloved by his neighbors and universally respected by a numerous acquaintance. The tears that were shed at his funeral, by those no ways related to him, can best appreciate his worth!
"Oh death! insatiate monster! mortale dread, "Why drink the heart's blood of the young and gay?"
NEW-YORK, Sept. 3.
Nine United States gun boats arrived at this port yesterday from Portland, two of which passed by the city last evening to the navy yard.
A British brig of war anchored within Sandy Hook yesterday afternoon, and we understand an officer is coming up in a pilot boat with dispatches. We did not learn the name of the brig, where from, or the nature of her dispatches.
SANDY HOOK, (N. Y.) Aug. 31, 1807. About half past 4 o'clock P. M. of this day, two sail were in sight in the S. S. E. about 15 miles from the Hook, which proved to be a man of war brig and an English merchantman; the brig boarded the ship and detained her 3 hours.
The captain of the brig told the captain of the ship not to tell that she was a man of war. The pilot boat boarded the merchantman about 6 o'clock; the brig being about a mile astern of the ship, the pilot boat made sail and ran away from the brig;
the brig then made sail and chased the pilot boat to within about half a mile of Sandy Hook beach; the brig finding she could obtain no pilot, tack'd ship, fired a gun, and stood to the S. E. at the same time she had an English Jack flying at the fore top gallant mast head for a pilot.
MICHAEL BLUMER, JOHN BUSH, WM. CORRY, Pilots of the pilot boat Champlin.
BALTIMORE, Sept. 2.
FRENCH PRISONERS.
Yesterday Judge Houston, the district judge of the United States, for the district of Maryland, proceeded in the examination of the affair of the Othello, and took the deposition of Mr. Harden, a passenger on board the ship—after which the judge decided that the crime for which the French prisoners then in the custody of the Marshal, were committed, was committed within the jurisdiction of the state of Maryland, and that the United States' court had no cognizance of it.
The prisoners were then committed to the custody of the sheriff of Baltimore county, by Mr. Coale, the register of the city, who attended agreeably to the request of the judge, the mayor not being able to attend on account of indisposition.
It is understood that Calvert county is the nearest land to the place in the Chesapeake, where the crime was committed, therefore the court of that county alone has jurisdiction; and that the prisoners will be tried there.
Extract of a letter from Cape Francois, dated 29th July, received per the Admiral Berkeley.
"I arrived in good health in the midst of the rejoicings on account of the defeat of Pétion's army, which was completely beaten at Gonaïves; Some of the runs of it, joined to a few fresh troops, were daring enough to land at Port de Paix, the president Christophe, surrounded them, and more than 350 of them perished there; about 70 of them were bro't here prisoners, and a few are dispersed in the woods about Jean Rabel, where they are hunted up like hares. A few days since Pétion very narrowly escaped being arrested. The troops of the president, H. Christophe, are in possession of every post as far as Cul de Sac, 3 leagues from Port-au-Prince, where the army is encamped; there is every prospect that Pétion will be obliged to leave the Island in less than a month.
August 14.
"Leogane, Petit and Grand Goave are in insurrection against Pétion, and are marching against Port-au-Prince, on one side, while the troops from the north are in the Cul de Sac on the other side. The mountains of Jeremie are also in insurrection in favor of the president Christophe. You may rely on these as facts."
WASHINGTON CITY, September 4.
Extract of a letter from a gentleman in Annapolis, to his friend in this city, dated the 31st ult.
"You have no doubt heard of the affair of the pirate that some days past fired on and took possession of the ship Othello from Liverpool bound to Baltimore. On Friday last we heard here that the pirate had gone up the bay; the only vessel in our port that was fit was immediately got ready and a part of the artillery and infantry of this place were sent in search of her, together with a barge from the French 80 gun ship. Hearing also that some suspected persons had gone up the road, a detachment on horseback was sent after them, and in the evening returned with five Frenchmen, who acknowledged that they had a few days before left the pirate schooner, and were on their way to Baltimore. The vessel returned without being lucky enough to fall in with the pirate.
I was present at the examination of the five prisoners, so were several of the officers of the L'Etoile, viz. the captain and others—also capt. la Villeau of the Patriot. They showed great anxiety, and a desire to bring the culprits to justice. They turned out to be deserters from the L'Etoile & Patriot, who were enlisted in Baltimore, they say, to go to the West-Indies, but finding themselves deceived, had deserted. The officers of the pirate schooner were Frenchmen from Baltimore, not heretofore connected with the French ships of war. As soon as the militia of this place were making a stir, the officers of the L'Etoile offered any part of their crew to aid us, together with their barge, and guns and ammunition. Their barge that went out was manned in part with Frenchmen. I feel hurt that the French officers should be suspected as it appears they are. They have manifested every disposition to the contrary, which ought to be made public. A schooner from Baltimore manned by militia, has taken the pirate and carried her to Baltimore. Part of the crew made their escape, and part were taken by commodore Krohm and are confined on board the Patriot. Many false representations have been made."
List of Letters
Remaining in the Post-Office, Richmond, September 1st, 1807.
A. Mrs. J. Anderson, John Arundell, Rich'd. Adams, Morrison Boudett St. Aubin, Wm. S. Austin, Mrs. Elizabeth Armstrong, Thomas Anslov, Miss Eliza Archibald, Saml. G. Adams, John C. Ayers, John Alcock, Wm. Ayers, Wm. Aylett.
B. Charles F. Bates, Samuel P. Braddock, Wm. Burns, Alexander Burd, James Bankhead, Wm. Bean, Mrs. F. B. Bryan, Elisha Bigelow, Charles A. H. Bradford, Izard Bacon, Absalom Banks, Mrs. Brandt, Dr. Jesse Bennett, David Bowles, Mr. Baker.
C. Thomas Creel, Thomas Coleman, Joseph Carter, Bowler Cocke, Mrs. Elizabeth D. Christian, Philip Caldwell, Wm. Cowles, Julius Crump, Mrs. Mary Childress, Geo. Clarke, Edward Colston, J. J. Colden, Robert Craig, Levi Crittenton, Lawrence Cook, Philip Courtney, Jr. Adam Collins, Mr. Chagnot.
D. James J. Denoon, Isaac Desire, Stephen Dillard, James L. Dantison, Tunis Dins Joseph Dawson, Gen. Jonathan Dayton Solomon Dun,
E. Jack Edmunds, Mrs. Elizabeth Erye, Samuel Ellison, Thomas Edgar.
F. Wm. Forester, James Flood, Francis Freemont, Wm. Fleming, Henry Fore, Miss Dolly Faulkner, Miss Maria Fleming.
G. Bryan Griffin, Alban Gilpin, Archimedes Gaines, Wm. Gulley, John Griffin, Mary P. Gibbs, Gen. John Greenwood, John E. Galt, James Goodwin, John Giden, Benj. Griffiths, Mrs. Eliza Gray, Cyrus Griffin.
H. John Hopkins, Robert Hyde, John Hogg, Young Hill, Mrs. Judith Holson, James R. Hopkins, Robert Holsey, Wade Hampton, Henry Hayman, Samuel Henry, Thomas Hartley, Wm. Haylard, Stephen A. Hopkins, Moses Harris, Richard Hughes, Capt. F. Hayden, Wm. B. Hughes, Charles Harris, Andrew Hetheron.
I. Christopher Irwin, Lightfoot Janney, Francis Jackson, Francis Johnston, Henry Jackson, Mrs. E. Jones.
K. Thomas Keesee, James Kidwell, Gideon King.
L. Elisha Lindsay, Samuel Leech, Iveson Lewis, James Lunsford, Fielding Lucas, Miss Mary Lodo, Richard Laurel, James G. Laidley, John L. Kenan, Mrs. E. La Kenan.
M. Hugh Massie, John Mayo, John Mulholland, Charles M'Cloud, Nicholas Mills, Robert Miller, H. Mosby, Mrs. M'Craw, Alfred Minor, Miss Ann E. M'Craw, Samuel M'Craw, Wm. Mills, John J. May, Charles Martin, James Miller, Gen. John Minor, Edward Masa.
P. John Price, Philip C. Pope, James Pleasants, jr. Orris Paine, John Parker, Wm. Pope, Maj. Wm. Price, Thomas P. Pe, Nathaniel A. Price, Roger Pollard, Wm. G. Poindexter.
R. Richard Randolph, John Randolph, S. Rush, Wm. Randolph, Wm. J. Robertson, William Rawleigh, Jesse Redd, George Randolph, Mrs. Eliza Richardson, Wm. Radford, Michael Reynolds.
S. Capt. N. Selden, Wm. Smith, Miss S. Singleton, Dr. John Scherer, George Scherer, George F. Stras, John Saunders, J. N. Smith, Charles Smith, Charles Snead.
T. Capt. Abijah Tooker, John Turner, G. C. Tenberkill, John Tayloe, Saint G. Tucker, Thomas J. Taylor, Mrs. S. Taylor.
U. Thomas Underwood.
V. Madam Vertille, James Voshall, John Vaughn, Miss Betsey Valentine, Mrs. M. Vanzante, Mrs. R. Vanute.
W. John Wilson, Thomas Williamson, Wm. G. Wynn, Bartlett G. Woodward, Louis Werco, James Winston, Miss P. Winn, Mrs. H. P. Whitlock, Samuel J. Winston, John Walker, John S. Welford, Miss L. Welford, Mrs. Ben. Williamson, Thomas Waide, George Willes, James Whitlock, Miss M. Wilson, Eider B. Watkins.
Valuable Property for sale.
I WISH to sell the following VALUABLE PROPERTY situated in the center of business in the city of Richmond, for money, or I will exchange it for good land in the lower parts of Tennessee.
Four Brick Houses
On the main street, three of them opposite Messrs. Jno. and Robt. Gamble's, and fronting the cross street leading from Col. Mayo's Bridge—attached thereto are BRICK LUMBER HOUSES, KITCHENS, SMOAK HOUSES, &c. The other house is opposite Messrs. Gales, Bell, saddler. Any person wishing to purchase or exchange land for the above property, will apply to Mr. Lewis T. Heart, who is generally in Richmond, or to
B. Truheart.
Powhatan county, Aug. 24th 1807 w5t
Advertisement.
BY virtue of a deed of trust executed to me by Thomas C. Fletcher of Albemarle county, to secure the payment of a debt due John Goldard, I shall offer for sale for cash, on the fifteenth day of September next, before the door of Triplett T. Estes,
One Negro Girl,
Named Judith, to discharge the said debt, also the expenses to carry the trust into execution; the subscriber being only trustee, will convey the title vested in him as such.
John Key, jr. Trustee. Albemarle, 26th August, 1807. 2w
Advertisement.
WHEREAS Chapman White of Albemarle county, did commence suit against me namely William Wims of said county, for certain damages by him complained for in our said circuit court, and by the rules of said court, did obtain a judgment about the twenty second day of April last, for the enormous sum of three hundred dollars, which said judgment and costs thereon accruing—I do hereby forewarn all persons whatsoever from trading for the same, or taking any assignment for the said judgment or costs, as I am determined not to pay the said judgment either to said White, or his indorser.
William Wims.
Albemarle, 3d Sept 1807. 3w
FALL GOODS.
THE subscribers are receiving by the ship Herschell from Liverpool, an extensive supply of
MERCHANDIZE,
suitable to the approaching season; and are in daily expectations of their LONDON GOODS by the Gaipe, which will render their assortment complete, and which they offer for sale by the piece or package on the most moderate terms.
JOHN & ROBERT CABELL, Jr. November 7, 1807. w5t

FOR SALE, At public auction, on the 15th day of Sept. next, that valuable set known by the name of WHITE HALL , in Goochland county, the residence of Col. John Payne in his lifetime. To enter into a minute description of this set would be superfluous, as it is supposed no person will purchase without first viewing the premises; suffice it to say it contains 600 acres of GOOD LAND . The dwelling house is spacious and elegant, with a suit of excellent and convenient out buildings, extensive and productive APPLE ORCHARDS , &c. The terms of sale will be one third in two years, the other two thirds in annual payments, next succeeding the first. Bond with personal security will be required for the first payment, and a deed of trust on the land to secure the two last.  At the same time will be SOLD , the STOCK of CATTLE , &c &c together with sundry articles of HOUSEHOLD and KITCHEN FURNITURE , on a credit of 12 months; bond and security will be required.  SMITH PAYNE , One of the Ex'rs of JOHN PAYNE , Dec. And the only acting Executor of RO: PAYNE , Dec. July 31st, 1807.  N.B. The land will be shown by Mr. George Payne who lives contiguous thereto.  JUST RECEIVED, AND FOR SALE ON LIBERAL TERMS, 1000 Sacks Liverpool Salt. JOHN TOMPKINS 7th July, 1807.
PRICES OF Nails, Brads & Sprigs, MANUFACTURED at the Penitentiary, and for sale by NICHOLAS BALLAM , agent for the Commonwealth, a few doors above the Swan Tavern, Richmond.  CUT NAILS.  Wholesale. Retail.  5d. 12 1-2 cents. 13 1-2 cents per pound.  4d. 11 1-2 12 1-2  6d. 10 1-2 11 1-2  8d. 10 11  10d. 9 1-2 10 1-2  12d. 9 1-2 10 1-2  20d. 9 1-2 10 1-2   CUT BRADS.  8d. 9 1-2 10 1-2  10d. 9 10  12d. 9 10  20d. 9 10   WROUGHT NAILS.  6d. 12 13 1-2  8d. 11 1-2 12  10d. 11 12  12d. 11 12  20d. 11 12  30d. 11 12   Spikes of all sizes the same price as 30d nails.  CUT SPRIGS. 3d.—50 cents per thousand—4d. 67 cents per thousand—6d. 84 cents per thousand. Also, for sale as above, a variety of Plantation Utensils, such as Plough-Irons, Harrow-teeth, Axes, Wedges, Chains, &c.
SHOES Of all sizes made of the best materials, may be had on the most reasonable terms. Where also may be had a general assortment of well chosen GROCERIES . May 13, 1807. tf  Lesueur & Saunders Are now receiving and will constantly keep a large supply of Bar-Iron & Castings, Of superior quality. Feb. 2d, 1807. tf
Five Dollars Reward. STRAYED or Stolen from the subscriber on the 21st inst. two Mules, to wit: one black and Mule, shed all round, with long a switch tail, no other mark recollected. Also one mare Mule, of a bay color, with the end of her tail cut off, only shed before, I believe rather poor. Whosoever will deliver the said mules to the subscriber in the city of Richmond, or give such information so that I get them again shall receive the above reward. JOHN TINSLEY. Richmond, June 24th, 1807. tf
NOTICE. THE books, papers, and accounts of the late mercantile firm of McCredie and McMillan , of the city of Richmond, being now in the possession of George McCredie , one of the Adm'rs of John McCredie , deceased, who was the surviving partner of McCredie and McMillan . Therefore all those who are indebted either by specialty or otherwise, are requested to make immediate payment to George McCredie , or make such other arrangement as may be most conducive to the interest of the said concern, as well as to the debtors thereof. It is expected that due attention will be paid to this notice, as it is desirable that a close should be immediately made of the transactions of the above mentioned firm. NANCY MCCREDIE, Adm'rs. JAMES PENN, GEORGE MCCREDIE, Adm'rs. Manchester, 20th June, 1807. tf
FOR SALE, Opposite Colonel Mayo's new Buildings, 4th, 3rd and 2nd proof Antigua Rum in hds. of the crop 1805—Imported early 1806 New England Rum in hds. and barrels Pipe very Superior Holland's Gin Rye Whiskey in barrels Loaf and Brown Sugar in Ditto Coffee by the barrel or bag Beef and Pork in barrels Irish Potatoes in ditto, suitable for table or planting Potomac Shad and Herrings, Stone Lime in large and small casks. And a general assortment of GROCERIES , &c. &c.—which will be sold low for Cash, good paper, or exchanged for country produce, by JOE GREENE. Richmond, 27th May, 1807.
Drs. Cringan & Adams Take this opportunity to inform their friends and the public in general, that they are again associated in the practice of MEDICINE & SURGERY . Applications made at the residence of either of the partners, and at the shop of H. I. CRAWFORD , will be strictly attended to. Aug. 23th, 1807. 2w
THE SUBSCRIBER OFFERS FOR SALE, A Valuable Plantation, in the lower part of the county of Middlesex, and was formerly the property of the late Col. Wm. Churchill , dec.—It contains 230 acres, and is beautifully situated on the river Pinebank , about five miles from its mouth; about one fourth of this Land is cleared, the residue is covered with a valuable growth of pine and oak timber, and the soil is as good as any in that part of the country. It enjoys the advantage of an excellent spring near the House, and the finest Fish, Oysters and wild Fowl, may be had in the greatest abundance in their respective seasons. The improvements on this Land are inconsiderable, in consequence of its being for many years past in the hands of tenants. Young Negroes will be taken in part, or for the whole of the purchase, and a good and sufficient title will be made the first basis, and possession given on or before the 1st of January next. For terms, apply to Joseph Carter, Jr. near Chowan's Ferry, in the county of Lancaster. If the said Land is not disposed of before the 4th Monday in October next, it will then be offered at public auction, to the highest bidder in Urbanna . JURIAH HARRIS. August 5 1807. 3w
FOR SALE, THAT most beautiful and healthy situation known by the name of HALLSBOURGH , or HALL'S STAKE , lying on the Buckingham road seventeen miles above Manchester. Also another valuable TRACT OF LAND , in the lower end of Powhatan county , containing two hundred acres or more or less, with good improvements, and there is no doubt of a great quantity of COAL , being on this land. The subscriber will give a great bargain in the said lands, as he wishes to move to the Western country. For terms apply to ZACH' HALL August 25th, 1807. tf
Twenty Dollars Reward RUN AWAY from the Subscriber, living near King and Queen court-house, on the 26th of July last, A NEGRO MAN, Named NELSON , about 26 years of age, and about five feet four inches high, very stoutly made, very black, and has a down look, he has a scar on his breast, and another on his ham. He pretends to tell fortunes; he had on when he went from home a pair of checked pantaloons; it is probable, he will be dressed well, as he has a plenty of money, which he took from me on the day of his departure; he has been for some time in the county of Essex; but I have been informed he has gone to Richmond county . Any person that will deliver him to me in King and Queen county or secure him in any jail, so that I get him again, shall receive the above reward. RICHARD EUBANK Jr. August 22, 1807. 3w
FOR RENT, AND possession given on the 1st day of Oct. three large and convenient Rooms, fronting the street, in the upper part of the house at present occupied by Carter B. Page, Esq. These rooms are well calculated for office and may be had on reasonable terms. Also the cellar under the store of J. W. Dennis & Co. which has lately been fitted up as a store and is rendered more comfortable than usual, there being a good plank floor. For terms apply to Benjamin Bowles . Richmond, August 20th 1807. tf
Ten Dollars Reward. RUN AWAY from the Subscriber, on the 28th of April, a Negro Man, called and Woman named FANNY KENNY , by the black people FANNY KENNY , which eloped on the 11th of June. The man is a bright mulatto, about 28 years of age, straight and well built, and has a very brisk walk, and is a very handy, sensible fellow—about 5 feet, 8 or 10 inches high—The woman is so light, that hardly any person would take her to be a slave—She has blue eyes and straight sandy colored hair, and if her skin was well kept, she would be taken for a white woman—Her right forefinger is off at the first joint, and has a large scar on her left arm, occasioned by a burn, and has a very brisk walk, about 20 years of age, and had on when she went away, a white Virginia Habit, and as they are Brother and Sister, it is likely they will get together, change their names, and pass as free people. Any person that will deliver them to the Subscriber, in Hanover county , or secure them in any Jail, so that I get them again, shall receive the above reward. BENJAMIN BOWLES. June 13, 1807. N. B. I forewarn all owners or masters of vessels from carrying them off.
Notice, THAT by virtue of a deed of trust made to us, we shall on Saturday the 26th day of September next, before the front door of the Rose Tavern in this city, expose to sale for ready money, to the highest bidder, one certain piece or parcel of GROUND , situated in this city, at Rocky Hill , being a part of Raper's Tenement , as it is generally denominated, and which is more particularly described in the aforesaid deed executed by Richard Young to us and duly recorded in the Hustings court of this city or so much thereof as shall be sufficient to pay and satisfy Byrd George the sum of 400 dollars, with interest thereon from the 10th day of May 1807, and the costs and charges attending the execution of this trust. Wm. M'KIM, Wm. Marshall, } Trustees Richmond, 27th, Aug. 1807. tds
TO BE RENTED, A HOUSE in Manchester , now in the possession of Edward Johnston . For terms, enquire of him on the premises. 23d July, 1807.  A FRESH SUPPLY OF Church's Cough Drops Is just received from the Proprietor's Dispensary New-York, and for sale at this office.
AT a meeting of the society of Cincinnati at the Capitol in the city of Richmond, on Thursday, the 28th day of May, 1807. Resolved, That a general meeting of the society be called on the second Monday in December next, to meet at the Capitol in the city of Richmond, to take into consideration, and make an ultimate disposition of their funds. Resolved, That the standing committee be directed and vested with the power of converting all the funds of the society into money, which shall be laid out in the stock of the Bank of Virginia; but the said committee are not authorized to act under this resolution until after the said second Monday in December next. Signed, JAMES WOOD, President. SAM: COLEMAN, Secretary.  In pursuance of the foregoing resolutions the members of the Virginia State Society of Cincinnati, are requested to meet at the Capitol in the city of Richmond, on the second Monday in December next, for the purpose therein contemplated. JAMES WOOD, President. SAM: COLEMAN, Sec'y.
FOR SALE. MY LANDS in Cumberland county , lying on Appomattox river , joining the lands of Messrs. William & George Skipwith ; this land is equal if not superior to any land in Cumberland county , off James river , it contains 607 acres, one half of which is covered with fine timber of every description. There is on this land a decent dwelling house, and between four and five hundred bearing apple trees of choice fruit. One third of the money will be expected when a title is made, the other two thirds may be divided into two annual payments. Mr. Jermain Baker or Mr. William Skipwith will show the land to any person wishing to become a purchaser. FRANCIS EPPES. Chesterfield, June 3, 1807. 10
TO RENT, FOR A TERM OF YEARS, OR ONE YEAR, A VALUABLE FARM IN the upper end of Hanover county , and at present in the occupancy of J. H. Ray, Esq. containing 250 acres. There are perhaps few tracts of land that combine more advantages than this. It is well watered to the cultivation of corn wheat & tobacco, has a better portion of the new quality meadow land upon it, & lies within 30 miles of the city of Richmond . The uncommon healthiness of the situation, the nature of the soil, the happy proportion of wood, arable and grass lands together with its vicinity to the best market in the country, all serve to render it worthy the attention of any industrious farmer who may wish to settle himself in this way for life, as it may be obtained for any term of years. The buildings are sufficient for the accommodation of a small family, and for all plantation purposes. The premises will be shown by the present occupant, and the terms made known, upon application to the subscriber residing in the county of Orange . DABNEY MINOR. July 10th, 1807. 6w
FOR SALE, MY PLANTATION, IN the county of Hanover , containing by an old survey 660 acres. I suppose one third part thereof is timbered land. There is upon it a two story Dwelling House, built out of the very best materials, nearly painted and has two large rooms and a passage below stairs, and five large lodging rooms and a passage up stairs; the above house is sixty feet long and twenty two and a half in width. The out houses of every description are such as are calculated for such a dwelling house and plantation; and are all in good repair. The yard and garden are well enclosed; The plantation is under good fences, and there are apple trees between five and six hundred and fifty Apple Trees, which bear choice fruit, and 1500 good Peach Trees. There is also an Ice House, stocked in the best manner, and ponds of the best water in the neighborhood, from which plantation is about eleven or twelve miles from Richmond , and in as healthy a neighborhood as any in this part of the country. If I should meet with a purchaser for this plantation I will also sell all my Furniture, which is such as the house above described will require—also, all my Stock of Horses, Cattle, and sixty or seventy head of prime Sheep. I will also sell 1500 acres of LAND , in the county of Greene , about twenty five miles from Lewisburg , and half a mile of the state road leading to the Great Kanawha; this Land is all timbered, and was located in the year 1782, in the name of Andrew Hamilton . Any person who wishes to purchase the above property, may know the terms by applying to the subscriber residing on the plantation, in the county of Hanover . WILLIAM TRUEHEART. Aug. 13th 1807. ep4w
TO BE RENTED, And possession given in ten days; FOUR large, elegant and commodious STORES, in the most central and busy part of this City. To them are attached elegant, airy and extensive accommodations for the families of the tenants. JOHN MAYO. June 20. tf
Advertisement. BY virtue of a deed of trust, executed by Thomas Appibury, recorded in the court of Fluvanna county , to the subscribers for the purpose of securing the payment of a debt due to Duncan McLaughland and Co. will be sold at Kenoll Lee's Tavern , in the town of Columbia , on the 12th day of September next, to the highest bidder, for Cash, Five Negro Slaves, Eight Hoxed Cattle, two Horses, one Mare, three Feather Beds and Furniture, sixteen Hogs, with the increase of the said Female Slaves and Stock, since the year 1793, or so much thereof as will be sufficient to raise the sum of three hundred and thirty three pounds one shilling and ten pence, with interest from the fourth day of February, 1793, and costs, charges, &c. Robert Hill, Calvin Peyton, John Timberlake, Robert Swale, } Surviving Trustees. Fluvanna, August 2, 1807. 4w
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. Jno. S. Pleasants.
TO BE RENTED, A HOUSE in Manchester , now in the possession of Edward Johnston . For terms, enquire of him on the premises. 23d July, 1807.
LAND FOR SALE. BY virtue of a deed of trust executed to the subscriber by James Meriwether , dec. to secure the payment of a sum of money due to John Pomfret , will be sold on the nineteenth day of September next, at Louisiana courthouse , to the highest bidder, for ready money. A Tract of Land Lying in the county of Louisa on the waters of Deep creek , adjoining the lands of Col. Thomas Meriwether (near Harwood Goodwin ), and others, containing four hundred acres the same more or less. David Bullock, Trustee. August 14th, 1807. tds
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 Fine 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. tf
Ten Dollars Reward. RUN AWAY from the Subscriber, on the 20th July, A Negro Man, Named TONEY , about twenty two years old, five feet, six or eight inches high, well made and very likely, speaks rather quick and short; had on when he went away, an amazing shirt and hemp rolls overalls , but carried with him a grey cassimere coat , with lapels , a swansdown waistcoat , and a pair of overalls of dark corduroy . Large cord, and an old surcingle of drab colored stuff; he was raised in Powhatan county , and it is very likely that he may be about Mrs. Charles Cocks , as he formerly belonged to that estate. Any person, bringing said Negro to me, in Charlotte county , or securing him in any jail, so that I get him again, shall be entitled to the above reward of Ten Dollars . JOHN THOMAS. Charlotte county, Aug. 4th, 1807. 4w
Fifty Dollars Reward. RUN AWAY from Reuben Clopton , when living in King William county , in the year 1791, on the first of January, A Negro Man, By the name of NEPTUNE , who formerly belonged to the estate of John Hales , dec. living then in the lower end of Henrico —he is a tall, portly fellow, stoops in his shoulders, or you may say round shouldered, high forehead, fair nose, large white teeth, draws his words when he talks, or rather talks through his nose, and has a scar some where in his face, about forty-five years of age—it is supposed he is now passing as a free man in the city of Richmond , as he thinks himself secure. There never has any efforts been made to apprehend him—he has a wife at John Hales , dec. living in the lower end of that county, and a mother—perhaps he may be harbored there. Any person, that will deliver him to William Clopton , in Cumberland , or secure him in any jail, so that I get him again, shall receive the above reward. ELIZABETH CLOPTON. Cumberland county, Aug. 14 1807. tf
Twenty Dollars Reward. RUN AWAY from the estate of Reuben Clopton , dec. in Cumberland county , January 29th, 1807. A Negro Man, By the name of HARRY , between five and six feet high, 24 or 25 years of age, his complexion darker than otherwise, has large full eyes, his two fore teeth grow wide apart, and has a large flat nose—I believe he has a scar on his left arm where he was inoculated for the small pox, when he lived in Henrico —His clothing I expect he has changed, which would be useless to mention. I expect he is in Richmond or in the lower end of Henrico , where he also was raised, as he formerly belonged to the estate of John Hales , dec. he has a wife in Prince Edward county , at Jesse Michaux's quarter, where it is likely he also may be harbored.—Any person that will apprehend the said Negro , or confine him in any jail so that I get him again, shall receive the above reward for the same. WILLIAM CLOPTON. Cumberland county, August 14, 1807. tf
To be Rented, THE PLANTATION CALLED RALEIGH, On which the late Thomas Pleasants lived, at present occupied by William Dandridge , Esq. The terms may be known on application to the subscriber in Powhatan county . SAM: PLEASANTS, For the benefit Of the Legatees of TH: PLEASANTS , dec. August 18, 1807. 4w
New Books. Just received and for sale at this office, Vol. 3d, Part 2d, or No. 6, of Doct. Rees's new Cyclopaedia . Ferguson's Lectures 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. Wapole'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. Coxe, of Philadelphia. The First Settlers 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 Fish BUILDING on Buildings in general, particularly on the arrangement of those belonging to farmers, on the culture of the vine and on Turnpike Roads , with plates. By S. W. Johnson .
TO RENT TWO LARGE BRICK TENEMENTS, SITUATED on the south side of the main street, and nearly opposite the Market House , one is a corner house lately occupied by Messrs. Shepard and Lucke , the other was in the occupancy of Mr. Job Greene . Those houses are rendered fire proof (externally) by being covered with tiles and having iron shutters in every direction that there is danger (from fire) to be apprehended. Possession may be obtained immediately upon application to MM. MITCHELL. Richmond, September 2d. 1807. wif
Royster & Bohannan, Respectfully inform their friends and the public generally, that they have just received a general assortment of GROCERIES, Which they will sell low for cash, country produce, or good notes at sixty days— —AMONGST WHICH ARE— Brown Sugar in hds. & Tumbrels, pint and bbls. Loaf Sugar in do. do. Decanters , quart and Jamaica RUM  Leiper's Snuff  Best Cognac Brandy  London Mustard  Holland Gin  Rice  Copperas  Sherry  New York Candles  Malaga  Alspice  Dry Lisbon  Pepper  Hibbert's  Brown Queen's Ware  Stout and Porter  Crates , assorted Writing Paper  New York Soap  Brown  do.  Imperial & TEAS  Nutmegs  do.  Y. Tyson  Indigo  Best Green Coffee in  Allum  bags  Salt Petre  Sack Salt  English Gun Powder  Cotton and Wool  Shot , assorted Cards , by the box, assorted. Richmond, April 1, 1807. tf
Drugs & Medicines. Daniel Wm. Sackrider & Co. Have this day opened a general assortment of DRUGS & MEDICINES , And a great variety of valuable PATENT MEDICINES , which they are determined to sell on reasonable terms. DANIEL WM. SACKRIDER offers his services to the citizens of Richmond and its vicinity as a practitioner of Physic , Surgery , &c. &c. He has every reason to believe his professional services will be satisfactory to those who will honor him with their confidence. Richmond, July 20th, nearly opposite Doct. F. Lee's . 12m
Louisiana county, August court, 1807. Gerard J. Banks, Plaintiff. Against, William Meriwether and Robert } In chancery. Dickinson, Defendants. The defendant Meriwether , not having entered his appearance and given security according to the act of Assembly and the rules of this court, & appearing to the satisfaction of the court, that he is not an inhabitant of this state, therefore on the motion of the plaintiff by his attorney; It is ordered and dec ed by the court, that the said defendant Meriwether , do appear here on the second Monday in November next, & answer the plaintiff's bill—and that a copy of this order be forthwith inserted in some one of the newspapers printed in the city of Richmond , for eight weeks successively and posted at the front door of the courthouse of this county on some court day. A Copy, Teste, John Poindexter, C. I. C.
At a court held for Prince Edward county, June the 15th, 1807. All persons having claims against the estate of Richard F. Burke , dec. are directed to establish, and file them with the clerk of this court, at or before January court next, at which time the court will proceed to make a distribution of said decedent's estate. And that a copy of this order be forthwith inserted in some one of the public newspapers printed in the city of Richmond , and in the town of Petersburg , for one month successively by the sheriff of this county. A Copy, Teste, T. Watkins, c. c.
Prince Edward, July court, 1807. Ordered, That the distribution of the estate of Richard F. Burke , dec. be postponed until February court next. A Copy, Teste, Benj. Watkins, D. C. Signed, Wm. A. Allen, D. S. Wm. Price, Jr. Sheriff.
Lands for Sale. By virtue of a deed of trust executed by Dabney bearing date the seventh day of March one thousand eight hundred and seven for securing a debt thereon mentioned, will be offered for sale, to the highest bidder, on the premises on Tuesday the twenty second day of September next, the TRACT OF LAND , whereon he said Williamson now resides, containing by a late survey, three hundred and fifty four acres. This land lies in Henrico county , within five miles of the city of Richmond , on the Brook , near the stage road; there is about one third of this land well timbered with oak, hickory and pine. This tract of land is well worth the attention of any gentleman who wishes to have a farm in the vicinity of Richmond ; it lies well and is as good in quality as any in the neighborhood. There is on this land a dwelling house with two rooms and a passage on the lower floor with two rooms above which may with a little repair be made fit for the accommodation of a genteel family, with all other necessary out houses such as kitchen, well, meat house, barn, stable, &c. with a pond of excellent water in the yard. A further description is thought unnecessary, as it is presumed no one will purchase without first viewing the premises. The terms of sale will be twelve hundred dollars, each the balance in two equal annual payments, to be secured by a deed of trust on the land, or other satisfactory security, when a good and sufficient title will be made, and possession given by Thomas H. Prosser, Philip Shepard, } Trustees 28th August, 1807. w3t
FOR SALE AT THIS OFFICE. VOL. 5th, PART 1st, OR NO. 8 OF Rees's New Cyclopaedia, Is just received and ready for delivery to subscribers at this office. Aug. 5.