Virginia Argus (Richmond, Va.), 1807-09-12 00:00:00

VIRGINIA ARGUS.
[XVth YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1558.]
RICHMOND:—PRINTED (ON WEDNESDAYS AND SATURDAYS) BY SAMUEL PLEASANTS, JUNIOR, PAINTER TO THE COMMONWEALTH.
[Four Dollars Per Annum—paid in Advance.]
SATURDAY, SEPTEMBER 12, 1807.
[12 1-2 Cents Single.]
United States Court, fifth Circuit, and Virginia District, May term, 1807.
Robert Berkeley and Julia his wife, late Julia Carter, daughter and devisee of Robert Carter, deceased, Plaintiffs . George Carter, acting executor and devisee of the same Robert Carter, Priscilla Mitchell and Robert Mitchell her husband, Betsey Landon Ball and Spencer Ball her husband, Harriet Lucy Mamm, Sarah Fairfax Chinn, John Tasker Carter, Sophia Carter, Harriet Peck, John Peck, Emanuel Peck, Tasker Carter Quinton, an infant, Hugh Quinton, guardian of Tasker Carter Quinton, Francis Jones, Thomas Jones, Sarah Jones, Elizabeth Jones and Jane Jones, infants by Walter Jones their guardian, Defendants .
The defendant Sophia Carter, not having entered her appearance, and given security according to a rule of this court, and it appearing to the satisfaction of the court, that she is not an inhabitant of this district: on the motion of the plaintiff, by their counsel; It is ordered , That the said defendant do appear here on the first day of the next term, and answer the plaintiff's bill, and that a copy of this order be forthwith inserted in some one of the newspapers, published in the city of Richmond for two months successively, and posted at the front door of the capitol in the said city.
A Copy, Teste, Wm. Marshall, Clk.
Encouragement of Literature.
BY AUTHORITY.
Scheme of a Lottery,
FOR THE BENEFIT OF ST. MARY'S COLLEGE, OF BALTIMORE.
   Dollars. Dollars.     1 Prize of 30,000   1 do 15,000   2 do 10,000 is 20,000   2 do 5,000 10,000   5 do 1,000 5,000   10 do 500 5,000   20 do 200 4,000   100 do 100 10,000   150 do 50 7,500   7000 do 12 84,000   7291 Prizes, 190,500   Stationary Premiums 24,500   14209 Blanks.—Not two to a Prize. 215,000   21500 Tickets, at 10 Dollars each, 215,000   Arrangement of Stationary Premiums,   1st drawn Blank, Dollars 500   1st ditto after 2,000 are drawn, 1000   1st do after 4,000 1000   1st do after 6,000 1500   1st do after 8,000 1500   1st do after 10,000 1500   1st do after 12,000 1500   1st do after 14,000 1500   1st do after 16,000 1500   1st do after 18,000 1500   1st do after 20,000 1500   Last drawn Blank, 10,000  
Dollars 24,500 15 per cent. on 215000 Dollars, is 32,250 Sum to be raised by the Lottery, 30,000 Expenses of the Lottery, 2,250 32,250
THE prevailing disposition to encourage the progress of Literature, the peculiar favor which ST. MARY'S COLLEGE has enjoyed, and the many splendid chances offered to adventurers by the above Scheme, induce the Managers to anticipate a rapid sale of the Tickets. The Drawing will commence as soon as a sufficient number is sold to authorize it. The Managers have given bond to the State in the penalty of sixty thousand Dollars for the faithful payment of the prizes, which will be paid, subject to a deduction of fifteen per cent. thirty days after the Drawing is finished.—Prizes not demanded within a twelve-month from the completion of the Drawing, will be considered as a donation to the College.
TICKETS to be had of the Managers, or of such persons as may be authorized by them.
WILLIAM DU BOURG, JOHN TESSIER, LUKE TIERNAN, ROBERT WALSH, WILLIAM LORMAN, ALEXANDER M'KIM, HENRY WILSON, SAMUEL STRETT, JAMES M'HENRY, SAMUEL HOLLINGSWORTH, LEWIS DU BOURG, PHILIP LAURENSON, TICKETS in the above Lottery for Sale by GALLAG, RICHARD & Co.
Advertisement.
WHEREAS Chapman White of Albemarle county, did commence suit against me, namely William Wm of said county, for certain damages by him claimed 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 Wm. Albemarle, 3d Sept. 1807.
IN CHANCERY.
LOAN-OFFICE, State of Virginia,
June 8, 1807. NOTICE is hereby given, That in conformity with the provisions of the act supplementary to the act, intitled "An act making provision for the redemption of the whole of the public debt of the United States," books will be opened at the office of the commissioner of loans for the state of Virginia on the first day of July next, to continue open until the seventeenth day of March, 1808, inclusively, the fourteen last days of each quarter excepted, for the purpose of receiving subscriptions for such parts of the old six per cent. deferred stock as may, on the day of subscription, stand on the books of the said commissioner of loans.
Those proprietors of the old six per cent. and deferred stocks, who may subscribe, will receive in lieu thereof a new six per cent. stock, equal to the unredemed amount of the stock surrendered, redeemable at the pleasure of the United States, under a proviso however, that no reimbursement shall be made except for the whole amount of any such new certificate of stock, nor till after six months previous notice: and the proprietors of the three per cent. stock who may subscribe, will receive in lieu thereof, a six per cent. stock, equal to sixty-five per cent. of the amount of three per cent. surrendered, redeemable in the same manner as the new six per cent. stock, and not reimbursable however, without the assent of the holders, until after the whole of the new six per cent. (given in exchange for old six or deferred as above mentioned) as well as the whole of the eight per cent. stock of the United States, shall have been reimbursed. It is also provided that in every reimbursement which may take place, a preference will be given to those creditors who may notify their wish to be reimbursed; and that if the applications to that effect shall at any time either exceed or fall short of the sum then applicable to that purpose, the priority of payment shall, so far as may be necessary, be determined by lot.
The present stockholders who reside in any part of Europe, and may assent to that modification, may, at their option, receive the interest accruing on the new stock, either in the United States as heretofore, or in London, or Amsterdam, at par: in which last case the interest will be paid there by the bankers of the United States, six months subsequent to the day on which the same would be payable in the United States and subject to no variation; nor to any other deduction than a commission to the bankers, of one half per cent. on the interest thus paid.
JOHN PAGE, Commissioner of Loans.
NOTE. Proprietors of 1000 dollars nominal six per cent. stock, subscribed before the 1st October, 1807, will be entitled to receive, 649 62 of new six. of subscribed between the 1st October, and 31st Dec. 1807, 644 37 If subscribed between the 1st January and 17th March, 1808, 619 03 Proprietors of 1000 dollars nominal deferred, subscribed before the 1st October, 1807, will be entitled to receive, 855 73 If subscribed between the 1st October, and 31st Dec. 1807, 853 62 If subscribed between the 1st January, and 17th March, 1808, 831 42 Being the unredemed amount of the old stock on the 1st July, and October, 1807, and 1st January, 1808, respectively. Proprietors of 1000 dollars three per cent. stock will be entitled to receive 650 dollars of new six. w9m J. P. Com'r. Loans.
RUN AWAY from the subscriber, (on the night of the 23th of July last,) living in Cumberland County, about eight miles from Cartersville and about one mile from James River,
Two Negroes, A Woman about twenty seven years old, named GIL, of a yellowish complexion and of a common size. The Boy about nine years old, named ISAAC, of a very black complexion, has a scar over his right eye, and an impediment in his speech. I will give ten dollars reward, to any person who will deliver the said Negroes to me or secure them so that I get them again. JESSE WOODSON. Aug. 3, 1807.
C. Parlascia & John M'Conachy, CARVERS & GILDERS, In the second Tenement of Col. May's new building on the Main-street,
BEG leave to inform the ladies and gentlemen of Richmond, that they have on hand, an elegant assortment of Looking Glasses, Pictures, Prints, Barometers, Thermometers, Microscopes, Telescopes, Silver and Tortoise Shell Spectacles, and all other articles in their line.—Windows and Bed Canopies done on the most reasonable terms.
PROFILES
Cut by John M'Conachy, and painted by L. Remoir, who also takes Likenesses in Miniature. Price of cutting the profiles, 25 cents; for painting them 3 dollars, and of miniature 16 dollars.
N.B. No likeness, no pay.—Specimens of the manner of cutting, cutting the hair, painting, &c. may be seen at the said store. Richmond, July 30, 1807. w2m
PROPOSALS,
FOR PUBLISHING BY SUBSCRIPTION, A REPORT OF THE TRIAL OF Col. Aaron Burr, FOR HIGH TREASON, In the Circuit Court of the United States, held at the City of Richmond, in Virginia, in the Summer of the year 1807. TAKEN IN SHORTHAND, BY DAVID ROBERTSON, OF PETERSBURG.
THIS publication will contain a correct and full statement of the documents in the cause, the arguments of counsel, and the opinion of the Judges on the different points discussed, including the preliminary and interesting proceedings which occurred before the Grand Jury were sworn, and while they were in deliberation.
It will consist of two volumes, bound in boards, of which, the precise number of pages cannot yet be ascertained, as the trial is not finished; but the price will not exceed fifty cents for every hundred pages: it will be less if it can possibly be afforded. It will be put to the press as soon as possible. The first volume will be ready to be delivered in two, and the second in four months from the termination of the trial, and sooner if it can be accomplished. It is essential to a correct execution of the work, that it should not be too hastily published. The price must be paid on the delivery of the first volume.
The arguments of the counsel will be desired: except where they were read in court: in which cases, they will be published as read and furnished by themselves.
To all persons capable of reading and understanding this trial, the most important that has ever yet taken place in America, will be amusing and interesting: and to the lawyer, politician, and man of general information, it will be particularly gratifying and useful; as comprehending a valuable treatise on legal subjects, especially High Treason.
Mr. ROBERTSON, with some inconvenience to himself undertook this publication at the earnest request of many respectable gentlemen, and in compliance with what he conceived to be a very general desire. The applications to him were induced by a wish, to have a faithful and correct statement of the proceedings. His known skill and experience in this art, his strict impartiality in former publications, and his legal and literary knowledge, warrant the belief, that the utmost confidence may be put in the fidelity and accuracy of his report.
To the foregoing will be added, the subsequent proceedings against Col. Burr. His trial for a misdemeanor—for preparing an expedition against M'xico—and the motion to commit him, in order to send him to Kennebec to be tried for treason said to be committed at the mouth of Cumberland river.
JOHN ALCOCK
INFORMS he has just received in addition to his former stock, a general assortment of Hardware and Cutlery, amongst which are the following articles:—Cross Cut and Mill Saws, London Spring, Cast steel and German Hand and Panel Saws: Dovetail Saws, Compass and Tenon Saws, Bow Saws with and without Frames, Brass and Iron Chamber-door Locks, Brass and Iron Deck Locks, Drawer and Chest Locks, Spring Latches, Japaned and Polished Iron Trench Hatches, Brass Butts, Cast Iron do. IL Hinges, Cast steel and Common Plane Irons, Brass Mounted Squares and Bevels, Brass Mounting for Cabinet Furniture, Curtain Rods and Rings, Brass Escutcheon Pins, Brass Nails, Brass Di. Vickers, Candle Saws and Keiches, Bell Cranks, Brass and Iron Caudle-kets, Bellmetal Keiches and Spice Mortars, Brass Cocks and Horse Piams, Brass Inkstands with Instruments, Hooks and Eyes, Gun Screws, Specialties and Spectacle Cases, Spring Lancets, Knives and Forks, Ivory Handle Tables and Deserts, Casters, Table Bells, Table and Tea Spoons, Screw Drivers, Bed Screws, Carpenter's Hammers and Pinchers, Shot Pinchers and Knives, Shingling Hatchets, Brick and Plastering Trowels, Drawing Knives, Cooper's Axes, large assortment of Files and Rasp, Gimblers assorted, Hones and Whetstones, Razors and Razor Cases, Watch Seals, Keys and Chains, Steel Knitting Pins, Screwplates different sizes, Brace and Bits, Combs, Ivory, Horn, and Iron, with and without Cases, Hames unplied, Do. Plated Hooks and Eyes, Do. Plated all over, Plated Bit and Bit Wipers, Plated Moulding, Silver Mounted Whips, Plated Curbs, a few elegant Fowling Pieces, Powder Horns, Powder Flasks Japaned Copper and Horn Shot Belts, Cut and Wrought Nails, Wrought Brads of all sizes, 2 d. 3 d. and 4 d. Nails, Saddler's Tacks of all sizes. Also a large quantity of well assorted Bar Iron, a Steel of different qualities, Wire Meal, Wheat, and Lime Sieves. Any of the above articles will be sold at the most reduced prices.
N.B. I still continue my Cabinet Manufactory in the same House adjoining the Fire Insurance Office, where I have on hand a large quantity of elegant and well made Furniture. Any person wishing to purchase, I will thank them to call, and I flatter myself they will have no reason to find fault of the prices nor quality, for I warrant my work to be of good materials and well executed, and I hope from my knowledge and assiduity to business, to gain a public patronage. Also keeps on hand best quality Windsor Chairs.
All of the above goods will be sold low. Richmond. August 16th 1807. 6t
FOR SALE AT S. PLEASANTS' BOOK STORE, HENNING'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.
Virginia Argus.
RICHMOND:
SATURDAY, SEPTEMBER 12, 1807.
Trial of Aaron Burr.
OPINION
Of the Court, on the motion to arrest the
evidence—delivered on
Monday, August 31.
(Continued)
Judge Patterson, in his opinions delivered in two different cases, seems not to differ from Judge Iredell. He does not, indeed, precisely state the employment of force as necessary to constitute a levying war, but in giving his opinion in cases in which force was actually employed, he considers the crime in one case as dependent on the intention, and in the other case as consisting in the combination of force and this design, (that is, combining actual force with a treasonable design) "the crime is high treason."
Judge Peters has also indicated the opinion that force was necessary to constitute the crime of levying war.
Judge Chase has been particularly clear and explicit. In an opinion which he appears to have prepared on great consideration, he says, "The court are of opinion, that if a body of people conspire and meditate an insurrection to resist or oppose the execution of a statute of the United States by force, that they are only guilty of a high misdemeanor; but if they proceeded to carry such intention into execution by force, that they are guilty of the treason of levying war; and the quantum of the force employed neither increases nor diminishes the crime; whether by one hundred or one thousand persons, is wholly immaterial."
"The court are of opinion, that a combination or conspiracy to levy war against the United States, is not treason unless combined with an attempt to carry such combination or conspiracy into execution, some actual force or violence must be used in pursuance of such design to levy war; but that it is altogether immaterial whether the force used be sufficient to effectuate the object. Any force connected with the intention will constitute the crime of levying of war."
In various parts of the opinion delivered by Judge Chase, in the case of Fries, the same sentiments are to be found. It is to be observed, that these Judges are not content that troops should be assembled in a condition to employ force. According to them some degree of force must have been actually employed.
The Judges of the United States, then, so far as their opinions have been quoted, seem to have required still more to constitute the fact of levying war, than has been required by the English books. Our Judges seem to have required the actual exercise of force, the actual employment of some degree of violence. This however may be, and probably is, because in the cases in which their opinions were given, the design not having been to overturn the government, but to resist the execution of a law, such an assemblage would be sufficient for the purpose, as to require the actual employment of force to render the object ineffectual.
But it is said all these authorities have been overruled by the decision of the supreme court, in the case of the U. States against Swartwout and Holman.
If the supreme court have indeed extended the doctrine of treason, farther than it has heretofore been carried by the Judges of England, or of this country, their decision would be submitted to. At least this court could go no further than to endeavor again to bring the point directly before them. It would however be expected that an opinion which is to overrule all former precedents, and to establish a principle never before recognized, should be expressed in plain and explicit terms. A mere implication, ought not to prostrate a principle which seems to have been so well established. Had the intention been entertained to make so material a change in this respect, the court ought to have expressly declared, that any assemblage of men whatever, who had formed a treasonable design, whether in force, or not, whether attended with warlike appearances or not, constitutes the fact of levying war. Yet no declaration to this amount is made. Not an expression of the kind is to be found in the opinion of the supreme court. The foundation on which this argument rests is the omission of the court to state, that the assemblage which constitutes the fact of levying war ought to be in force, and some passages, which show that the question respecting the nature of the assemblage, was not in the mind of the court when the opinion was drawn; which passages are mingled with others, which at least show that there was no intention to depart from the course of the precedents in cases of treason by levying war.
Every opinion, to be correctly understood, ought to be considered with a view to the case in which it was delivered. In the case of the United States against Bollman and Swartwout, there was no evidence that even two men had ever met for the purpose of executing the plan, in which those persons were charged with having participated. It was therefore sufficient for the court to say that unless men were assembled war could not be levied. That
case was decided by this declaration. The court might indeed have defined the species of assemblage which would amount to levying of war, but as this opinion was not a treatise on treason, but a decision of a particular case, expressions of doubtful import should be construed in reference to the case itself; and the mere omission to state that a particular circumstance was necessary to the consummation of the crime, ought not to be construed into a declaration that the circumstance was unimportant.—General expressions ought not to be considered as over-ruiling settled principles without a direct declaration to that effect. After these preliminary observations the court will proceed to examine the opinion which has occasioned them.
The first expression in it bearing on the present question is "To constitute that specific crime for which the prisoner now before the court has been committed, war must be actually levied against the United States. However flagitious may be the crime of conspiracy to subvert by force the government of our country, such conspiracy is no treason. To conspire to levy war and actually to levy war, are distinct offences. The first must be brought into operation by the assemblage of men for a purpose treasonable in itself, or the fact of levying war cannot have been committed."
Although it is not expressly stated that the assemblage of men for the purpose of carrying into operation the treasonable intent, which will amount to levying war, must be an assemblage in force, yet it is fairly to be inferred from the context, and nothing like dispensing with force appears in this paragraph. The expressions are "to constitute the crime war must be actually levied." A conspiracy to levy war is spoken of as "a conspiracy to subvert by force the government of our country," speaking in general terms of the assemblage of men for this, or for any other purpose, a person would naturally be understood as speaking of an assemblage in some degree adapted to the purpose. An assemblage to subvert by force the government of our country, and amounting to a levying of war, should be an assemblage in force.
In a subsequent paragraph the court says, "It is not the intention of the court to say, that no individual can be guilty of this crime who has not appeared in arms against his country. On the contrary if war be actually levied, that is, if a body of men be actually assembled in order to effect by force a treasonable purpose, all those who perform any part, however minute, &c. and who are actually leagued in the general conspiracy, are traitors. But there must be an actual assemblage of men for the treasonable purpose to constitute a levying of war."
The observations made on the preceding paragraph apply to this. "A body of men actually assembled, in order to effect by force a treasonable purpose," must be a body assembled with such appearance of force as would warrant the opinion that they were assembled for the particular purpose; an assemblage to constitute an actual levying of war should be an assemblage with such appearance of force as would justify the opinion that they met for the purpose.
This explanation, which is believed to be the natural, certainly not a strained explanation of the words, derives some additional aid from the terms in which the paragraph last quoted commences. "It is not the intention of the court to say that no individual can be guilty of treason who has not appeared in arms against his country." These words seem to obviate an inference which might otherwise have been drawn from the preceding paragraph. They indicate that in the mind of the court the assemblage stated in that paragraph was an assemblage in arms. That the individuals who composed it had appeared in arms against their country. That is in other words that the assemblage was a military, a warlike assemblage.
The succeeding paragraph in the opinion relates to a conspiracy and serves to show that force and violence were in the mind of the court, and that there was no idea of extending the crime of treason by construction beyond the constitutional definition which had been given of it.
Returning to the case actually before the court, it is said "a design to overturn the government of the U. States in New Orleans by force, would have been unquestionably a design which if carried into execution would have been treason, and the assemblage of a body of men for the purpose of carrying it into execution would amount to levying of war against the U. States."
Now what could reasonably be said to be an assemblage of a body of men for the purpose of overturning the government of the U. S. in New Orleans by force? Certainly an assemblage in force; an assemblage prepared and intending to act with force; a military assemblage. The decisions theretofore made by the judges of the United States, are then declared to be in conformity with the principles laid down by the supreme court. Is this declaration compatible with the idea of departing from those opinions on a point within the contemplation of the court? The opinions of Judge Patterson and Judge Iredell are said to imply an actual assemblage of men though they rather designed to remark on the purpose to which the force was to be applied than on the nature of the force itself. This observation certainly indicates that the necessity of an assemblage of men was the particular point the court meant to establish, and the idea of force was never separated from this assemblage.

The opinion of Judge Chase is next quoted with approbation. This opinion in terms requires the employment of force.
(To be Continued.)
Latest Proceedings in the Trial.
WEDNESDAY, Sept. 9.
Mr. Hay informed the court that the Express he had sent to the President of the United States, had returned, and brought a copy of such parts of the letter of November 12th, from General Wilkinson as the President thought proper to be laid before the public; with a certificate written by the President annexed to the said copy. The certificate was in the following words:
On re-examination of a letter of November 12th, 1806, from General Wilkinson to myself (which having been for a considerable time out of my possession is now returned to me) I find in it some passages entirely confidential, given for my information in the discharge of my executive functions, and which my duties and the public interest forbid me to make public. I have therefore given above a correct copy of all those parts which I ought to permit to be made public. Those not communicated are in no wise material for the purposes of justice on the charges of treason or misdemeanor depending against Aaron Burr; they are on subjects irrelevant to any issues which can arise out of those charges, and could contribute nothing towards his acquittal or conviction. The papers mentioned in the first and third paragraphs, as included in the letter, being separated therefrom, and not in my possession, I am unable from memory to say what they were. I presume they are in the hands of the attorney for the United States. Given under my hand this 7th day of September, 1807.
THOMAS JEFFERSON.
A number of persons were called, who had been summoned for the purpose of completing the Jury.
Mr. Charles Spencer of this city said that, in a variety of companies, he had been compelled in conversation to express his impressions; and that he was always free to do so. The Chief Justice observed there is a difference between impressions and decisive opinions. Mr. Martin said the juror ought not to be under any impression against the accused. Mr. Spencer was set aside for the present.
Mr. Jacob Harrison was excused from serving, on the ground of private inconvenience; having no white person about his house to attend to his business in his absence.
Mr. Robert Gordon said that, like most other people, he had talked on the subject; whether he had expressed himself, chiefly, for or against Col. Burr, he could not recollect; but he had formed no decisive opinion. He was accepted.
Messrs. James Taylor, John Glynn, John New and William Rowett, severally declared that they had formed and expressed opinions of the guilt of Aaron Burr; and were therefore rejected.
Mr. James Penn declared that he had conversed a great deal on the subject, but had no decisive opinion. He was, of course, accepted.
Mr. Heath Jones Miller. I have been decidedly of one opinion, ever since the commencement; and that has been of his guilt.
Messrs. Jordan Harris, James Harris, Samuel Woodson and Benjamin Wolfe, declared that their opinions were fully made up. Mr. Wolfe said he had expressed his opinion a thousand times.
Maj. David Holloway and Mr. Richard Young were excused on account of ill health.
Mr. Thomas Lewis said that in conversation he had generally expressed himself unfavorably to Col. Burr, but had made up no decisive opinion. He was accepted.
Mr. Orris Paine (who had been called before on Monday last) was again called; when Mr. Hay asked him if he could say, with a safe conscience, that he had formed no opinion on this subject?—He answered that he had formed no decisive opinion.
The jury was then sworn; consisting of Messrs. Orris Paine, James Bootright, Obadiah Gathright, John Murphy, John M'Kim, William Bentley, Yeaman Smith, Carter Berkeley, Jesse Bowles, James Penn, Robert Gordon and Thomas Lewis.
Mr. Hay addressed them in a short and perspicuous speech, in which he explained the nature of the charges, exhibited in the indictment, and intended to be supported by the testimony.
He stated that the defendant stood charged with a misdemeanor committed in violation of an act of Congress passed in the year 1794, (L. U. S. 3 vol. p. 91. §. 5.) by which it is enacted "that if any person shall, within the territory or jurisdiction of the United States, begin, or act on foot, or provide or prepare the means for a military expedition or enterprise to be carried on, from thence, against the territory or dominions of any foreign prince or state with whom the United States are at peace, every such person, so offending, shall, upon conviction, be adjudged guilty of a high misdemeanor, and shall suffer fine and imprisonment at the discretion of the court in which the conviction shall be had; so as that such fine shall not exceed three thousand dollars, nor the term of imprisonment be more than three years."
He mentioned that the indictment contained seven counts. The first charged the defendant with beginning a military expedition against the dominions of the king of Spain, (with whom the United States then were and still are at peace,) on the 13th day of December, 1806, from Blennerhassett's island in the county of Wood; the second with setting on foot a similar expedition at the same time and place. The third was to the same effect, except that it specified Mexico, as the particular territory of the king of Spain, against which the enterprise was directed. The fourth was similar to the first and second; but used the words "preparing the means for" a military expedition, instead of the word "beginning" or the words "setting on foot." The fifth was the same as the fourth; except that "Mexico" was specified, as in the third count. The sixth and seventh resembled the fifth, except that, in one of
them "an unknown territory of the king of Spain," and, in the other, "a foreign territory unknown," was mentioned instead of Mexico. Mr. Hay observed to the jury that, if any of the charges in those seven counts were proved, it would be incumbent upon them to find the defendant guilty.
He proceeded to state the general outlines of the facts which would be proved against the accused; that he with others had formed a design to divide the union, to seize New Orleans, and to attack the dominions of the king of Spain; that men, arms, and provisions were provided for that purpose at Blennerhassett's island; that the men were assembled at that place, under his direction; and left it, in consequence of a communication from him, warning them of danger; that they went down the river Ohio, and met him at the mouth of Cumberland, where other arms and military stores were collected, and other men were assembled; that the whole party put themselves under his command, and proceeded with him to the neighborhood of Natchez; where they understood that their preliminary point (the seizure of New Orleans) could not be accomplished; and that this detested their enterprise, and shortly afterwards, they dispersed; but the act of Congress was not intended against those only who should accomplish such an unlawful enterprise; it was sufficient if they began it or provided the means.
Mr. Graham (late Secretary of the Orleans Territory) was called as a witness. Col. Burr wished Mr. Hay to state the substance of what he intended to prove by Mr. Graham. Mr. Hay. I expect to prove by Mr. Graham that the accused was the leader and preparer of the expedition.
Col. Burr. Such general declarations are not sufficient: they ought to be stated with more precision. Mr. Graham never saw me but once; at Washington in the Mississippi Territory.
Mr. Hay. I hope we may be permitted to go on without interruption. I know not exactly what Mr. Graham will say. I have not had the advantages which other people have enjoyed of seeing the evidence laid before the Grand Jury. I can only say, therefore, in general terms, that Mr. Graham is to prove preparations in Virginia.
Col. Burr wished the gentleman in the first place to confine himself to proof of the fact laid in the indictment.
Mr. Bots. The Court before suggested that the Counsel for the U. S. had better prove the fact first: but this recommendation of the Court was disregarded. I hope the Court will reconsider an opinion that permits the prosecutor to do wrong, when right and wrong are both set before him. We were at first disposed, rather than disturb the proceedings, to let the gentlemen follow their own "lucid order." But we hope they will be compelled to prove the military expedition from Blennerhassett's Island first. They may then search for stuff and nonsense to fill up vacuums.
Mr. Hay. I will take the gentleman at his word, and proceed to the Island at once; after which we shall produce not "stuff and nonsense" to the Court and Jury, but incontrovertible facts to prove the guilty designs of the accused, and his connexion with the expedition.
Peter Taylor (Blennerhassett's gardner) was then sworn.
Mr. Bots. I wish to be understood that we reserve our objections to any part of the testimony which may be improper.
Peter Taylor was fully examined, as he had been in the trial for Treason. His evidence was exactly consistent in all its parts, and expressed with all the simplicity and force of truth.
Maurice P. Bellnaph (who had also been examined heretofore) was called.
Col. Burr. I wish Mr. Bellnaph to be confined to circumstances occurring on the Island.
Mr. Hay. I shall ask of Mr. Bellnaph all that he knows.
Col. Burr objected to evidence of facts out of the District of Virginia; was willing that all the testimony taken before should be read to the Jury from the Judge's notes!! but wished no evidence to be admitted of expressions of other people when he was absent.
Mr. Hay. We wish to prove that the accused, apprized of the proceedings of the Legislature of Ohio, sent Mr. Bellnaph from Lexington with a letter which he delivered to Blennerhassett; that that letter warned the party assembled on the island, of their danger, and directed them to depart.
Col. Burr said that as he knew Mr. Bellnaph would swear to no such thing, he might be examined fully.
The statement of Mr. Bellnaph's evidence shall appear in the next Argus. It showed very satisfactorily a connexion between Col. Burr and the party on the island; and that the boats had been built on his behalf; but did not pointedly prove that Col. Burr warned the party of their danger, and directed them to depart on that account. The witness said that Col. Burr in his letter to Blennerhassett expressed his wishes that they should make all possible speed down the river; that one expression probably was that the river would close up:—another was that from the Newspapers the public mind appeared to be much agitated; there might be difficulty in getting down the river; but "he hoped they would not oppose the constituted authorities."
Richard Neal was next sworn, and stated that Blennerhassett sent for him to his house, and, when he arrived, asked him if he could keep a secret.—He was proceeding to state what that secret was, when Col. Burr stopped him, and objected to evidence of any conversation with Blennerhassett when he was not present. He said it now appeared that he was not at the island. He should therefore now make his objections to any evidence of transactions out of the District, or where he was absent.
Mr. Hay insisted on going on with his evidence.
Mr. Bots then rose, and argued very much at length, against the admission of any farther evidence in this case. He made six points: 1st. that, under the Act of Congress, there can be no accessory offender; i. e. none are within the pains of the statute but such as are acting at the
fact; 2d. that no act of Col. Burr out of the District could be given in evidence against him; 3d. that, if the first point should not be sustainable, no act of an accessory agency could be given in evidence on this indictment, charging the offence of acting at the island, and not charging specially that the person indicted did the accessory act; 4th. that, if the foregoing points should be not sustainable, still, no evidence of an accessory agency could be given, until the record of the conviction of an actor in the expedition should have been produced; 5th. that the acts on Blennerhassett's island did not amount to a providing or preparing the means for, or beginning or setting on foot a military expedition there; 6th. that no evidence was admissible of conversations or acts of other persons out of the presence of Col. Burr.
On all these points Mr. Bots dilated very extensively, quoting and relying principally upon various parts of the opinion of the Chief Justice, pronounced on the motion for excluding the evidence in the Treason case.
The 5th point he observed divided itself into two others; 1st. that there was not a military expedition in a state of maturity at Blennerhassett's Island; 2d. that if there was a military expedition in progress there, it was not begun or set on foot there, nor were the means provided or prepared there.
In support of these points, he went into a view of the English authorities to show that penal laws must be construed strictly, and quoted 1 Hawk. 116 §. 1. 1 Bl. 88. Leach 48. 123.—He contended that to provide or prepare the means of a military expedition required the providing of the entire means, and that the means must be adequate to the object in view; that the expedition must be a military one, and to establish this must have a military character and organization; that there was in fact no assembly of men engaged in this military expedition, because if Burr had such a design, the men assembled were not informed of it, and therefore did not meet for that purpose; and that no proof of intention could aid facts in making the means of a military expedition.
The discourse of Mr. Bots (of which this is a brief sketch) was not finished at the time of adjournment.
The Jury, by consent of parties, were permitted to go at large.
The Court adjourned until Thursday ten o'clock.
THURSDAY, September 10.
Mr. Bots concluded his speech; and was followed by a few remarks from Mr. Martin; in which he chiefly contended that the Court and not the Jury had a right to judge of the character of the alleged military expedition, and to determine whether the law had been violated.
Mr. Hay, in answer to the first point made by Mr. Bots, observed that this court had already decided in the case of treason, that a man may be found guilty of levying war without being present at the place where the war is levied; provided he be properly indicted.
The true ground (said he) of objection to the evidence, meant to be taken by Mr. Bots, is this; that, Aaron Burr not having been present at the time of the offence charged, the evidence offered must be irrelevant. This is, unquestionably, the only ground for excluding evidence. Mere variance between the case as charged, and as proved, will not justify such exclusion.
As, in the case of murder, if a man be indicted for killing another with a hammer, and it appears that he killed him with a broad axe, the evidence is not to be excluded. But, where evidence offered does not bear upon the subject at all, the court may exclude it. For example, where A. is indicted for treason in Henrico, evidence that he had committed treason in Norfolk would be irrelevant until the offence in Henrico had been proved. Such was the decision of this court the other day. He recited the opinion given on that subject; and contended that the court had gone on the ground of irrelevancy, not of mere variance.
He proceeded to argue that the evidence now offered was relevant to the charge in the indictment; because its object was to prove that Burr was the projector of the plan and provider of the means for the expedition.
In the treason case he observed that the indictment had been construed as charging the prisoner with being present at the place where the overt act was alleged: but this indictment contains no such charge, either expressly, or by implication; since Burr might begin, or set on foot, or provide the means of a military expedition at Blennerhassett's island without being present. Presence therefore not being expressly stated, nor alleged by intendment, there is not even a variance between the case and the evidence.
If it be said, that the indictment is defective in not stating expressly whether the defendant was present or absent; it might be a ground for a motion in arrest of judgment, but not for objecting to the admissibility of evidence.
This objection, Mr. Hay said, was altogether new in a case of this kind. Prosecutions for keeping a gaming house, for retailing spirituous liquors at booths or arbors contrary to law, and for giving money or other things to voters, for the purpose of influencing their votes, had been frequent in the law; but the personal presence of the offender at the gaming, at the place where the liquors were sold or drank, or where the voters were bribed, was never considered as requisite to convict him of any of these offences.
In answer to Mr. Bots's 2d point, he said that this Court had already determined that evidence of facts out of the District is admissible, by way of explanation of the intention of facts within the District.
As to the 3d point, he observed an essential difference between the case of treason and that now before the Court. In treason, all who are leagued in the Conspiracy are in law Traitors; whereas in this indictment the persons who were assembled at Blennerhassett's Island are not charged with guilt, but are only mentioned as the means provided by the defendant—Burr therefore can not be considered as an accessory to any offence imputed to them.
The Chief Justice here interrupted Mr. Hay, and told him that he understood the argument on behalf of Col. Burr to be this; that, since the person, who occasioned the means to be provided, employed other persons to enlist men and purchase provisions, those who enlisted the men and bought the provisions, and not the men assembled, were argued to be the principal offenders.
Mr. Hay. I should be sorry, upon principles of humanity, to see a doctrine of this kind prevail in a Government like ours; that a rule should be laid down so well calculated to protect from punishment able designing men, and to consign to destruction their poor weak deluded agents! This idea never occurred to the learned counsel who defended Smith and Ogden. Evidence of acts done by their agents was admitted without controversy.
See the trial of Smith and Ogden p. 102.
Mr. Bots. I never meant to concede that the persons enlisted were not guilty; if the expedition was criminal, and they were acquainted with the design.
Mr. Hay. This 3d position must have a limitation. If Burr is to be considered as an accessory, I wish Mr. Bots to say who was the principal. Burr applied to Dudley Woodbridge and engaged him to have a number of boats built for him on the Muskingum. Woodbridge, altho' he suspected his design to be unlawful, yet, not knowing it to be so, in the course of his trade makes the bargain, and has the boats built. Can Woodbridge be considered as guilty of any crime? Much less can he be regarded as a principal offender.
Mr. Hay observed, that Burr knew too well the leanness of human nature to reveal his plans to all his subordinate agents. He made use of his great reputation, which was sufficient to induce multitudes to engage in any project proposed by him, under a persuasion that the man who had filled so vast a space in the affections of his fellow-citizens would not propose any criminal or chimerical scheme. He had trusted, indeed, to that reputation too much, and found himself deceived and disappointed in the end; but it had had its effect. His agents had got men to assemble at Blennerhassett's Island, under the expectation of meeting him on some great design which was not revealed. Were the agents guilty when the true design might not have been known to themselves?
Mr. Hay concluded his observations on the 3d point by observing, that this was a question which properly belonged to the jury whose province it is to judge both of fact and law; and asked why the gentlemen on the other side were so perpetually flying from the Jury to the Court, and so unwilling to trust the Jury with anything?
The 4th point, made by Mr. Bots, he observed was the same proposition with that laid down in the treason case, mutatis mutandis : but, in that case, the court had expressly declared that, whether the acts on Blennerhassett's Island amounted to treason, or not, was a question of law and fact proper to be left to the jury; altho' the court had thought proper to go largely into a description of the nature of such acts as ought to be considered overt-acts of treason.
But Mr. Bots had said that the means provided at Blennerhassett's Island ought to have been adequate means, and that if a man had furnished only one brick to build a house, he could not be said to have provided the means for building it. Mr. Hay observed it was true that, if a man was to bring only one brick in a cart, it would not have the appearance of providing the means for building a house; but a single cart-load of bricks would certainly be beginning the preparations for the building. According to Mr. Bots's argument, a person could not be said to be providing materials for a building, so long as a single brick was wanting.
Mr. Bots here observed that his argument was not that a man could not be engaged in providing the means for a building until the whole were prepared, but that, until then, he could not be said to have provided the means.
Mr. Hay proceeded to observe it was impossible for a court or jury to say what were adequate means for such an expedition as that meditated by Col. Burr. The law speaks of means of a military expedition; whether adequate or not must depend upon the object in view. The intention of the accused was to keep the world in ignorance of the real object in view. It is immaterial whether that was conquest, plunder or revenge. The law does not require the object to be ascertained. According to this argument there could be no guilt unless the force should be so great as to defy opposition! If this construction is correct, what is to be done with the words "set on foot" and "began" which are used in the act of Congress? It is evident that the law annexes a punishment by fine and imprisonment to the smallest degree of the crime.
Mr. Hay denied that there must be a military organization before the offence is complete. Suppose, said he, a man is preparing an expedition against one of the West India Islands. He puts every thing on board his vessels; implements of war, provisions, &c.—but reserves as his last act the enlisting of men and taking them on board; would he not be guilty of providing and preparing the means of the expedition, before his men should come on board, whereby they would be enabled to set sail, and get out of the reach of the law? Or, suppose a man enlists a thousand men for the purpose of a military expedition against the Spanish territories; pays them their bounty; and provides arms at Blennerhassett's Island to be delivered them when they should arrive at that place. But they do not get there: the scheme is discovered and suppressed before they assemble; shall the projector escape punishment on the ground that there was no military organization?
In answer to the 5th point, "that the expedition was not commenced at Blennerhassett's Island," Mr. Hay observed that this was a question of fact proper to be left to the jury: but another fact located it sufficiently on the Island; viz: that means were provided there.
The proposition in the 6th point, he said was generally true; that the acts of A are not evidence against B; but there is a limitation of this proposition given by the law. Where two persons are engaged in
a common enterprise, the words and acts of one may be evidence against the other —2 McNally, 611—Smith and Ogden's trial, p. 102, &c. The words of all the agents of Smith were admitted as evidence against him, even tho' they were not leagued with him in the conspiracy. On this authority, whatever Blennerhassett did or said may with propriety be evidence against Burr; because; whether he was a conspirator or not, he was certainly one of Burr's agents.
Mr. Hay having concluded, Mr. Wirt observed that he was too unwell to proceed with the argument this evening. The court therefore adjourned till Friday ten o'clock.
FRIDAY, September 11.
Mr. Wirt did not commence the arguments of this day as had been expected.
Mr. Martin cited several authorities to show that the confession of a person concerned in a crime cannot be made use of as evidence against any of his coadjutors or associates.—He was answered by Mr. McRae, who also commented on the other points of law made in the case.—Mr. Wirt continued the debate, and Mr. Randolph closed it for the day.
Sketches of the substance of these able and eloquent discourses will be given to the readers of the Argus as soon as possible.
At his seat, a few miles from this city, on Thursday night last, Mr. REUBEN GEORGE, father to Mr. Alexander George, whose death was recorded in the last Argus. He possessed a sanguine disposition, a warm heart, a generous spirit, and an integrity which was never called in question.
Latest Foreign Intelligence.
NEW-YORK, September 5.
By the arrival at Boston of the ship Sally, Captain Lewis, in 42 days from Liverpool; London papers, complete to the 17th July, have been received. They furnish much interesting news.
The French bulletins, to No. 23, are given, says the Boston Centinel, in the same manner as in the English papers. Respecting the battle of Friedland, &c. two other accounts are added, one from a French and one from a Russian officer; the latter is said, in the French papers, to have been taken from the intercepted letter. No official Russian accounts of the late battles had been received in England.
The British were apprehensive that Denmark would be compelled by France to shut up the sound, and were about sending a strong fleet into the Baltic to shew both Denmark and France that neither of them have the right nor the power to exclude her.
The expedition which had sailed from England for Stralsund, had not been recalled.
The Wasp, which carried out Mr. Purviance with the rejected British Treaty, from this country, had arrived at Yarmouth; and Mr. Purviance reached London the 15th July. We see no particular observations, either in the British Parliament or the London editors, which tend to shew otherwise than that the negotiations of our ministers are in amicable train.
From London Papers received at Boston GRAND ARMY BULLETINS.
No. 81, dated TILSIT, June 21.
At the affair of Heilsberg, the Grand Duke of Berg passed along the line of the 3d division of cuirassiers, at the moment when the 6th regiment had just made a charge. Colonel d'Avry commander of the regiment, his sabre dyed in blood, said "Prince review my regiment, and you will find that there is not a soldier whose sword is not like mine."
Colonel Borde Smit was wounded, Guibene, aide de camp to Marshall Lan. es was wounded.
[Here follow the names of some of the officers who signalled themselves.]
The sons of the Senators Periguan, Clement, de Rio, and Garren Coulon, died with honor in the field of battle.
Marshal Ney proceeding to Gumbinen, secured some of the enemy's parks of artillery, many wounded Russians, and took a great number of prisoners.
No. 82, dated, TILSIT June 22.
An Armistice has been concluded, upon the proposition of the Russian General. The following is the Armistice:
ARMISTICE BETWEEN FRANCE AND RUSSIA.
His majesty the Emperor of the French, and his majesty the Emperor of Russia, anxious to put an end to the war which has so long divided the two nations, they have in the mean time resolved to conclude an Armistice. Their majesties have named and empowered the following Plenipotentiaries, viz. on one part the Prince of Neufchatel, Marshal of the Empire, major general in the Grand Army, and on the other part Lieutenant General Prince Lanoban Von Restrow, Knight of the order of St. Anne, Grand Cross, who have agreed upon the following preliminaries:
Art. 1. An armistice shall take place between the French and Russian armies, in order that, in the mean time a peace may be negotiated, concluded and signed, to put an end to that bloodshed which is so contrary to humanity.
Art. 2. If either of the two contracting parties shall incline to break this armistice, which God forbid! the party so inclined shall be bound to signify this at the head-quarters of the other army, and hostilities shall not again commence until one month after the above notification.
Art. 3. The French and Prussian armies shall conclude a separate armistice, and officers shall be appointed for that purpose. During the four or five days requisite for the concluding of this armistice, the French army shall not undertake any hostilities against the Prussians.
Art. 4. The limits of the French and Russian armies, during the armistice, shall be from the Curisch Haff, the Inster of the Niemen, and up the left bank of the river to the mouth of the Arama at Stak-kin, and pursuing the course of that river to the mouth of the Bobra, following this rivulet through Roxano, Lipsk, Habjn, Doitawo, Gomadz, and Wyna, up to the mouth of the Babro in the Narew, and from

thence ascending the left Bank of the Nar- ew by Tylowczyn, Surat Narew, to the frontiers of Prussia and Russia. On the Curisch Atung, the limits shall be at Nid- den.
Art. 5. His majesty the Emperor of the French, and his majesty the Emperor of Russia, shall name Plenipotentiaries within the shortest time possible, who are pro- vided with the necessary powers for nego- tiating, concluding, and signing a defini- tive peace between those two great and powerful nations.
Art. 6. Commissaries shall be named on both sides, in order to proceed immediate- ly to the exchange of prisoners, which ex- change shall take place by rank & rank, and man for man.
Art. 7. The exchange of the ratificati- ons of the present armistice, shall take place within 48 hours, or sooner, if possible, at the head-quarters of the Russian army.
Done at Tilsit, this 21st of June, 1807. (Signed) The Prince of Neufchatel, Marshal ALEX. BERTHIER. PRINCE LABANOFF VON NOSTROW. Approved of, Tilsit, 22d June. (Signed) NAPOLEON. (Undersigned) By the Emperor. The Minister and Sec. of State, H. B. Maret.
"I do hereby ratify the whole contents of the armistice concluded between the Mar- shal Prince of Neufchatel, and Lieut. Gen. Prince Labanoff Van Nostrow.
ALEXANDER. "In testimony of his approbation." (Undersigned)
The Major Gen. Marshal ALEX. BERTHIER. Prince of Neufchatel. The French army occupies all the Thal- weg of the Niemen, so that there only re- main to the King of Prussia the town and territories of Memel.
PROCLAMATION OF THE EMPEROR AND KING TO THE GRAND ARMY
Soldiers, on the 5th June we were attack- ed in our Cantonnements by the Russian Ar- my. The enemy mistook the causes of our inactivity. He found too late that our re- pose was that of the Lion—he regrets ha- ving disturbed it.
In the affairs of Guttstadt, Heilsberg, and the ever memorable one of Friedland, in a 10 days campaign in short, we took 120 pie- ces of cannon, 7 standards, killed, wounded or took 60,000 Russians, carried off all the enemy's magazines, and hospitals—Konigs- berg, the 800 vessels that were there laden with all sorts of ammunition, 160,000 fusils sent by England to arm our enemies.
From the Banks of the Vistula we have reached the borders of the Niemen with the rapidity of the Eagle—You celebrated at Austerlitz the anniversary of the Coronati- on—you celebrated this year in an appro- priate manner, the battle of Marengo, which put a period to the second coalition.
Frenchmen, you have been worthy of yourselves and of me. You will return to France covered with laurels, and after ha- ving obtained a glorious peace, which car- ries with it the guarantee of its duration. It is time that our country should live at rest, secure from the malignant influence of England. My benefits shall prove to you my gratitude and the full extent of the love I bear you.
At the Imperial Camp at Tilsit, June 22.
No 83, dated TILSIT, June 23. Annexed is the capitulation of Neisse. The garrison, 6000 strong in infantry and 500 in cavalry, defiled on the 15th before Prince Jerome. We found in the place 300,000 pounds of powder, and 300 pieces of cannon.
LONDON, July 17. Preliminaries of peace have not only been signed between Russia and France, but ac- cording to the following letter from Rotter- dam, dated at eleven o'clock at night, on the 11th, between Prussia and France. They were signed on the 29th of last month at Tilsit:
A letter from the Banks of the Elbe, states, "that after the armistice was a- greed upon between the emperor Bonaparte and Alexander, the latter wrote a letter to the King of Sweden inviting him to be- come a party to the armistice. A report was current that the English had been ban- ished from Russia."
It is stated, in a letter from Debolt, of Ju- ly 11, that after the preliminaries of Peace were signed, June 29th, between Bonapar- te and Alexander, the two emperors had a meeting, and mutually embraced each o- ther, rejoicing over this event.
At the first meeting which took place on the 25th, only the emperor Alexander and Bonaparte were present. A second inter- view, at which the King of Prussia was pre- sent, took place on the following day, at half past 12, in a pavilion constructed on a little island in the Niemen. A third in- terview took place on the 28th, which was followed by a dinner. His Prussian Majes- ty was also present on this occasion.
By an arrival at Guernsey, from Montevideo, which place she left on the 27th April, we learn no attack had been made upon Buenos Ayres. The Spaniards had a few days before fitted out an expedition of 2000 men, against St. Joaquin, which is opposite Buenos Ayres; but they were mostly cut to pieces. The Spaniards who were suffered to remain at Montevideo af- ter its capture, had secreted arms and am- munition for the purpose of attempting an insurrection; but their plans were disco- vered, and their arms, &c. seized.
The Jamaica fleet of 170 sail under con- voy of Le Pique has arrived.
ROTTERDAM, July 11. "We have but time to inform you, that an express from the French head-quarters brought the intelligence, that on the 29th of June the preliminaries of Peace were sign- ed between France, Russia and Prussia. The particulars are not yet known."
As soon as the preliminaries were sign- ed, the intelligence was announced to the army, and celebrated by discharges of can- non and by illuminations. Bonaparte pub- lished a proclamation to his army, in which he understood he declared, that now the peace of the continent was ensured, he would lead them back to Paris to receive the rewards which they had so well merit- ed, Of the conditions of the Treaties of
Peace we are not yet accurately informed; but the following are said to be amongst the principal ones:—
"That Poland shall be possessed as be- fore by Prussia and Russia—That all the Prussian territories are to be restored, ex- cept Silesia and Westphalia—That the for- tress of Magdeburg shall be garrisoned by the French, until peace between G. Britain & France shall take place; and that all the ports & places on this side the Elbe shall henceforward be under the dominion and control of France. It is conjectured that Bremen, Embden, and the whole of East Friesland, are to be united to Holland; & that Silesia is to be erected into a separate principality.
The above conditions, as our readers will see, apply almost wholly to Prussia—Indeed it is not to be supposed that any cession of territory upon the continent would be de- manded from Russia. There are, howev- er, we have no doubt, some stipulations with respect to the Seven Islands, and to Turkey.—France would stipulate that the war between Turkey & Russia shall cease, and the status ante bellum be established be- tween the two powers. We are anxious to ascertain whether in the negotiation any mention was made of this country.
OF DENMARK.
A mail from Tonningen arrived this morn- ing. It has not brought later intelligence from Tilsit than we received yesterday— but it has enabled us to contradict the ac- count of Denmark having shut the Sound. On the 2d about 50 ships belonging to the expedition passed the Sound; and sailed by Copenhagen without the least molestation. A part of the expedition went through the Great Belt.—But tho' no attempt has yet been made to shut the Sound, ministers have reason to believe that Bonaparte will im- mediately after he has made peace with Russia & Prussia, endeavor to make Denmark de- part from her system of neutrality & there- fore they have resolved to send a strong fleet into the Baltic without loss of time. Den- mark may then reply to any demand to de- part from her neutrality, that such a mea- sure would be of no avail, G. Britain having so powerful a fleet in the Baltic.
The fleet which is to be sent to the Baltic will consist of 22 sail of the line, besides fri- gates, sloops & brigs, amounting in all to a- bout 40 sail. An order (as we stated yes- terday) was sent to Portsmouth on Wednes- day, for all the frigates and brigs to sail from thence, and to take flat bottomed boats. These frigates and brigs are to go with the fleet, which is to sail immediately. The following we believe are the officers that will command the fleet:—Adm. Gambier, commander in chief; under him, Sir Sam- uel Hood, Adm. Elphinstone, Sir Home Pop- ham, and Commodore Keats.
SUMMARY.
As the London papers furnish a great ma- ny lengthy articles of interest, which we cannot now find room to detail; the follow- ing abstract is made.
BATTLE OF FRIEDLAND, &c.
The French bulletins do not give the par- ticulars of the battle of Friedland—the fol- lowing is the account of the French Gene- ral Koslinski:— "The enemy was compelled to accept battle on the 14th. The column under the grand duke of Berg, marshals Soult & Dav- oust, had marched towards Konigsberg. At 2 o'clock in the morning of the 14th, marshal Lannes attacked the enemy, who were at least 8 times stronger than his co- lumn. The marshal maintained the fight till 4 o'clock, when marshal Mortier, with his corps of the 3d Polish legion, came to his assistance; these two corps, which did not exceed 32,000 men, sustained for a whole day, the furious attacks of the enemy, whose army was four times stronger than ours & possessed several local advantages. At noon the emperor arrived upon the field of battle with his guard. At four o'clock all our columns were united, and the emperor took the command, in order to put an end to the battle by his manoeuvres. At six o'- clock marshal Ney attacked the enemy's left wing, and in a moment, the horizon was quite overcast with smoke and dust. The enemy had but one bridge to effect his re- treat over the Alle, and a great quantity of artillery, carriages, baggage, &c. went into the Alle, together with the small num- ber of men and horses—Between Friedland and Plassendorf, only half a league distant from each other, several islands appeared to have been formed of the materials scat- tered by the Russians in their flight. In order to cover their retreat, the Russians set fire to that part of Friedland beyond the bridge. At ten at night the battle and the cannonade, which had lasted the whole day, ceased, and then the cries and the groans of the wounded were alone heard. Even now, four days after the battle, we have not finished bringing in the enemy's wounded. Gen. Dombrowski is wounded in the same leg which was hurt before, in the ba- tle of Dirschau.
A Russian officer writes thus: "From Heilsberg we went to Friedland, skirmish- ing all the way continually. There the French annihilated us. The affair is dis- graceful to us. In the morning we were victorious. One single fault was the cause of the misfortune that happened to us in the evening, and also of our total defeat, that of not having sufficiently fortified ourselves on the left wing. All those who could not get over the bridge were obliged to throw themselves into the Alle. I was taken pri- soner. Our left wing was to drive the en- emy out of the woods. We kept up a brisk fire all day, without being able to effect it, till a regiment of chasseurs ran up to the enemy with a frightful hurra and drove them from the wood, but this regiment at length found itself within reach of the fire of a masked battery, which overwhelmed it with bullet and case shot.
(The Russian Officer then relates the manner in which he was made prisoner, & by what means he escaped, in passing the river before a picquet of Cossacks.) "There I found the army in full rout, re- turning in disorder to the frontiers of Russia. God knows what will be the result of all this. We all wish for peace, and we hope we shall not long be without it."
The following letter has been sent from the Emperor Bonaparte to the Archbi- shops, in Paris, &c.
Letter from the Emperor and King to the Archbishops and Bishops.
"MONSIEUR, The splendid victory obtained by our arms at Friedland, which has confounded the en- emies of our people and put the important city of Konigsburg in our power with the large magazines which it contained, ought to be a new motive with our subjects for thanksgiving to the God of Armies. This memorable victory has signalized the an- niversary of the battle of Marengo; that day when still covered with the dust of the field of battle, our first thoughts, our first concern was for the re-establishment of peace and order in the Church of France. Our will is, that on the receipt of the pre- sent you take the proper means of assem- bling your subjects of your respective dioceses in your Cathedral and Parish Churches there to sing a Te Deum, and offer up such other prayers to Heaven, as you shall think convenient to order under such circum- stances. This letter having no other ob- ject, L'Eveque, I pray God to have you in his safe and holy keeping.
"Written in our Imperial Camp at Friedland, June 15, 1807. (Signed) NAPOLEON."
He also sent other letters to the French Bishops, ordering Te Deum to be sung.
VIENNA, June 20. Respecting the revolution at Constanti- nople, we learn that the Mufi, at the head of 3000 Janissaries repaired to the Sultan Selim, reproached him with having rendered himself unworthy of the throne by his transgressions against the laws of the Em- pire, (other accounts say in consequence of the scarcity of provisions, and the introduc- tion of European exercise and discipline) and demanded the heads of fourteen mem- bers of the Government. Among the num- ber were those of the grand admiral and the grand Vizier, who were absent. Twelve of the heads were immediately placed on poles and presented to the people. Selim is dead; being poisoned by Mustapha, the new Turkish Emperor.
The Grand Vizier had gained some suc- cess before he died. He passed the Da- nube at Ismail and forced General Michel- son to retire from Wallachia to Fokshany and Rinnick.
The new government is devoted to the Janissaries. Mustapha IV, the new Empe- ror, is about 28 years of age, and was cou- sin to the late Selim. This revolution is said to be the work of Sebastiani.
VIENNA, June 24. Admiral Siniavin has been reinforced with nine sail Russian transports near Te- nedos.
ALTONA, June 24. It is reported that the French minister has presented a note to the Danish govern- ment, announcing that Bonaparte would consider the conduct of Denmark in allow- ing a British force to pass the sound as a declaration of war and would immediately march an army to Holstein and Schleswig.
NAPLES, June 9. The Prince of Hesse Philipsthal, has been defeated in Calabria, and near all the en- emy's troops are taken. The Prince atten- ded by about 60 horsemen and some ser- vants, escaped to Reggio; and immediate- ly embarked for Italy. Scarcely had he left Reggio when the French general Hobbs arrived there.
FROM THE AMERICAN CITIZEN.
SEPTEMBER 3. A British armed brig anchored within the Hook on Wednesday afternoon; she has been hovering on the coast two or three days awaiting a pilot, but without be- ing able to get one. She is understood to be the brig which on Monday last chased the pilots as stated in the Citizen of the fol- lowing day. She has however at last suc- ceeded in getting a pilot and is anchored as already stated.
On Wednesday afternoon six gun boats arrived at this port from Portland. The commander of gun boat No. 33 visited the armed brig; was told by her commander that he had "dispatches for government, and that he wanted a pilot." Having left the brig, the commander of gun boat No. 33 informed the pilots that she had "dispat- ches for government," and one of them in consequence brought her in to where she is now anchored.
The question is whether the brig has not contravened the proclamation?
"Provided nevertheless, that if any such vessel shall be forced into the harbors or waters of the United States by distress, by the dangers of the sea, or by the pursuit of an enemy, or shall enter them charged with dispatches or business from their gov- ernment, or shall be a public packet for the conveyance of letters and dispatches, the commanding officer immediately re- ports his vessel to the collector of the dis- trict, stating the object or causes of enter- ing the said harbors or waters, and com- forming himself to the regulations in that case prescribed under the authority of the laws, shall be allowed the benefit of such regula- tions respecting repairs, supplies, stay, in- tercourse and departure as shall be per- mitted under the same authority."
Proclamation. "If the brig has dispatches from "her gov- ernment" her entry is within the proviso. I understand that her dispatches, if she has any, are not for our government, but for the agents of her own.
"At noon yesterday she had made no "report to the collector;" it is not there- fore officially known where she is from, what her object is, nor whether she has dispatches or not from "her government." Suppose—for being a British vessel we may anticipate insolence and outrage—sup- pose she perseveres in her manifestation of contempt for the proclamation, or resis- tance to our authority, what is to be done? Shall we withhold our arms, & murmur & threa- ten, but do nothing? We have gun boats in the harbor, and we are bound by every tie that can connect us to our country, to carry the proclamation into effect.
The armed brig below had not made re- port to the collector yesterday when the custom house closed.
FROM THE N. Y. PUBLIC ADVERTISER, SEPTEMBER 5. MORE BRITISH OUTRAGE. The British frigate J. son, (now at an- chor inside of the Hook,) sent a boat a-
shore at the Hook yesterday morning to enquire for a pilot. The officer of the boat was informed there were no pilots there for them. The boat then put off and short- ly after the frigate came too, inside of the Hook, with a Jack hoisted as a signal for a pilot; but the pilots knowing the vessel, did not go near her—the pilot boat Thorn at that time returning to the city, was o- vertaken by a boat from the frigate, with a midshipman and four seamen on board, the officer requested that a pilot should be sent on board the frigate to take her to New-York, stating that the captain had dispatches—the pilots, however, declined going to the frigate and continued their course for the city—the boat then left the Thorn for the frigate, when the captain of the frigate observing the boat returning without a pilot, immediately came to an- chor. The frigate sent off the boat again, with a lieutenant on board, who soon com- ing up with the Thorn, the lieutenant, with characteristic insolence, demanded why the pilot boat did not heave too. Mr. Mitchell (a pilot) answered that he was bound to New-York and that they had no business with the officer or his ship. A pilot was then demanded for the frigate and the story about dispatches was again repeated. Mr. Mitchell replied that if they had dispatches they might man their boat and proceed to Governor's Island, and if they did not think proper to do that, an officer would be sent down to them from New York to receive their dispatches.— The lieutenant not finding the pilots dispo- sed to comply, ordered his men to take possession of the Thorn, and one of his men actually took hold of the helm, but Mr. Mitchell not being inclined to surren- der without a struggle, knocked the man away from the helm, and declared his de- termination to oppose what force he had to any outrageous attempt to take posses- sion of his vessel.
After some more abusive language from the British officer, he left the Thorn and proceeded to the pilot boat Ranger, then at anchor near the Hook, inside of the fri- gate.
A division of gun boats we understand, are ordered out.
We understand that John Smith the Se- nator from Ohio, against whom the grand jury have found a bill of indictment, for treason against the United States, appre- hending impending danger, has taken re- fuge in the dominion of his Catholic Ma- jesty, in west Florida; Comfort Tyler, a- gainst whom a similar bill has been found, is said to be at present in Opelousas. This gentleman, we hope not for his loyalty, received great attention in this city.
Mississippi Messenger.
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 God- dard, I shall offer for sale cash, on the fif- teenth day of September next, before the door of Triplett T. E. res.
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
TO D. & W. GUERRANT'S CREDITORS. THAT a dividend of monies in hand will be made on Thursday, 15th of next month. The creditors are requested to attend at this place to receive their respective dividends either per- sonally or by agents authorized to grant receipts. By order of the trustees. William Guerrant. New Canton, Sept. 10. 1807. w4.
IN PURSUANCE of a de- cree of the county court at King William, will be SOLD, to the highest bidder, on 12 months credit, on Monday the 12th day of October next, at the late dwelling house of Mrs. Sally Banks, dec. in the county of King William.
Twelve Likely Negroes, Among whom is a good BLACKSMITH and WHEELWRIGHT and several likely negroes, boys and girls, the purchaser giving bond with approved security, payable to the administrator "de bonis non" of Russell Banks, dec. The Commissioners. King William county, Sept. 7th 1807. 4*
TO BE SOLD. For ready money, to the highest bidder, ON the 5th day of October next, before the court house in the city of Richmond, it be- ing Henrico county day, all the interest that Thomas E. Pleasants a bankrupt, had in the es- tate of Thomas Pleasants, dec called, RA- LEIGH, lying on James river, in the county of Henrico, and distant from Richmond about 15 miles. Also all the said bankrupt's interest that he owned in another TRACT OF LAND called BAILEY'S, adjoining Ross's mill, in said county. His claims to those estates having been given up under a commission of bankrupt- cy for the benefit of his creditors. Further particulars will be made known on the day of sale. LIGHTFOOT JANNEY, Assignee for the creditors. September 7th, 1807. w3t
TO BE SOLD, On the premises, on Monday, the 16th day of No- vember next, a
Valuable Tract of Land, In Cumberland county, containing about seven hundred acres, whereon Nathaniel Carrington formerly lived, supposed to be equal in quality to any high lands in the county—subject to the life estate of Phoebe Carrington, widow of Na- thaniel Carrington, dec. Also,
Eight Negroes, To wit: Billy, Peter, Amy, Greacey, Milly, Sucky, little Amy, and Lucy, or so much there- of as shall be sufficient to pay and satisfy the sum of eight hundred and twenty pounds, with legal interest thereon, from the 1st day of Au- gust, 1806, till paid, with all contingent char- ges attending the sale, and securing the payment of the aforesaid delw. and interest, agreeable to a deed of trust from James P. Piman and Hen- ningham his wife, made to us, for securing the payment of the above sum to Joseph Brackett. J. S. M. CH. UX } Trustees. S. M. HOBSON } Cumberland county, Sept. 5th, 1807. w7t
Postscript.
BOSTON, Sept. 5. HIGLY IMPORTANT AND VERY LATE NEWS FROM EUROPE.
After our paper went to press last night, we were politely favored, by the hand of DAVID HINCKLEY, Esq. with London pa- pers up to the 31st of July, and a Liverpool paper of Aug. 1, brought by him in the Sally-Ann, Captain Glover, who arrived here last evening, 32 days from Liverpool. The Sylvia cutter from Halifax, arrived at Portsmouth, 23th July, with dispatches from Admiral Berkeley, respecting the af- fair of the Chesapeake and which reached London, the 25th (or 27th).—Their contents were communicated by Mr. Canning, to Mr. Monroe; and some friendly notes it is said passed between them. There was a general embargo from the 23d to the 31st July, to procure seamen; but the Wasp was released, it is said, at the par- ticular instance of Mr. Monroe, and sailed the 29th, as reported, for this country with provisional arrangements which had been agreed upon between Mr. Mon- roe and the British Government, with a view of preventing a rupture be- tween the two countries! We however, learn, verbally, that some thought she was bound to the Mediterranean. American newspaper and letter accounts had been published: The sensation which the news of the attack on the Chesapeake and the reported feelings of the American public, made on the English nation was great. The manufacturers and merchants, and the A- merican credits were much alarmed;—Ameri- can credits were stopped; war supposed by some inevitable; and even privateers were preparing; but Mr. Canning had as- sured the committees, that it would not al- ter the situation of things between the two countries; and the Chancellor of the Ex- chequer, in the House of Commons, said the British government would not fail to make any atonement or reparation, which should appear due on the occasion. The English papers generally condemned Berkeley and it is said he is to be recalled.
HOUSE OF COMMONS, July 27. Mr. Whbread wished to ask the Right Honorable the Chancellor to the Exche- quer a question touching the melancholy account this day received in town, respect- ing the capture of the American frigate Chesapeake, which excited such general and regretful sensation in the metropolis; whether accounts had been received by his Majesty's government relative to that transaction? Whether it was with the pri- vity or authority of our government at home, and if it was intended to lay before the House any communication upon the subject?
The Chancellor of the Exchequer an- swered, "With reference to the question re- lative to what he too considered a melan- choly event, the capture of the American frigate Chesapeake, by a British cruiser, he could only say, as one of his Majesty's Ministers, that he was not informed of any of the particulars of that transaction, fur- ther than by common rumor. His Majes- ty's government, however, would cave no means unexercised to learn the particulars of this lamentable event, and to whom the circumstance was justly imputed; nor should they hesitate to make any atone- ment and reparation in their power that on a fair inquiry should appear to be due on the occasion."
Pursuant to a deed of trust from Moses Davis and Mary, his wife to the subscriber dated on the 4th day of March last, to secure the payment of 3445 dollars, due, or owing from said Moses Davis to Prosser and Monroe, assignees of Pleasant Youngblood; on Wednesday, the 23d day of this month, on the premises will be offered for sale to the high- est bidder, for ready money, all that
Lot and parcel of Land, Lying and being in the county of Henrico, con- tiguous to the city of Richmond, being the same LOT and parcel of LAND, conveyed by Rich- ard Adams and Elizabeth, his wife, to said Mo- ses Davis by deed, dated 3d day of March, in the present year, beginning and running on the road or street, leading from the Market house, in the city aforesaid, to Du Val's Village, in 12 deg's, west 4 chains and 32 links, to a street forty feet wide, dividing said lot and parcel of land, and the lot formerly William Cannon's, now John Doyle's, and binding on said street, north 89 deg's, east, 4 chains and 94 links to the corner of the said street; thence on the back street, south 4 deg's, west 4 chains 32 links to a corner street 40 feet wide next towards said city, and binding on said street, south 89 deg's, west 4 chains, 30 links to the said road about the beginning, with the buildings and improve- ments thereon, consisting of
A Large Framed House, Making three TENEMENTS—Or so much of said premises as will raise the one third part of the aforesaid debt or sum of money, say 1148 dol- lars, 33 1/3 cents, with interest thereon, from the 4th of this present month, and the charges and expenses attending the sale. The sale will commence at or after 10 o'clock in the morn- ing. Geo. Wm. Smith. City of Richmond, Sept. 11, 1807.
SHAFARD & LUCKE, HAVE removed to the house lately occupi- ed by Mr. John St. John, opposite Col- Mayo's new buildings, where they continue to keep their usual assortment. September 11 Im
Liverpool Refin'd Sugar. A FEW HOGSHEADS OF Liverpool Refin'd Sugar, FOR SALE BY Tompkins & Murray. September 12.
THE Gentleman who advertsises for a place as a manager of a FARM under the signature of R. H. S. may apply at the Bell to Judge Tyler, and a conference will take place, or by letter at J. T's res. September 12.
VOL. 5th, PART 1st, OR NO. 3 OF Rees's New Cyclopaedia, Is just received and ready for delivery to SUBSCRIBERS at this office. Aug. 4.

FOR SALE, At public auction, on the 15th day of Sept. next, that valuable seat 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 seat 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 W. 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 WALLAM , agent for the Commonwealth, a few doors above the Swan Tavern, Richmond.    CUT NAILS.    Wholesale.  Retail.    3d. 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    25d. 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.  Lesueur & Saunders Are now receiving and will constantly keep a large supply of Bar-Iron & Castings, Of superior quality. Feb. 2d 1807.
Five Dollars Reward. STRAYED or Stolen from the subscriber on the 21st inst. two Mules, to wit: one black stud Mule, shod 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 shod 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.
NOTICE. THE books, papers, and accounts of the late mercantile firm of M c Credie and M c Millan , of the city of Richmond, being now in the possession of George M c Credie , one of the Adm rs of John M c Credie , deceased, who was the surviving partner of M c Credie and M c Millan . Therefore all those who are indebted either by specialty or otherwise, are requested to make immediate payment to George M c Credie , 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 M c CREDIE, Adm rs . JAMES PENN, GEORGE M c CREDIE, } Adm rs . Manchester, 20th June, 1807.
FOR SALE, Opposite Colonel Mayo's new Bui dings, 4th, 3rd and 2nd floor Antigua Rum in hds. of the crop 1805—Imported early 1806 New England Rum in hds. and barrels 1 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 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. 29th, 1807.
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 200 acres, and is beautifully situated on the river Piankatank, 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 purchaser, and possession given on or before the first of January next. For terms, apply to Joseph Carter, Jr. near Chowning'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.
FOR SALE, THAT most beautiful and healthy situation known by the name of HALLSBOROUGH , or HALL'S STORE , 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 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.
Twenty Dollars Reward RUN AWAY from the Subscriber, living near King and Queen courthouse, on the 26th of July last. A NEGRO MAN, Named NELSON , about 26 years of age, and about five feet four inches high, very sturdy 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 hiselopement—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.
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 offices 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, Dennis. Richmond, August 20th, 1807.
Ten Dollars Reward. RUN AWAY from the Subscriber, on the 28th of April, a Negro Man JOE , and Woman named FANNY , but called by the black people FANNY KENNY , which eloped on the 11th of June. The man is a bright mulatto, about 29 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 Eagle Tavern in this city, expose to sale for ready money, to the highest bidder, one certain piece or parcel of GROUND , situate in this city, at Rockets , being a part of Roper'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 Hastings court of this city, or so much thereof as shall be sufficient to pay and satisfy Byrd 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 c Kim, } Trustees Wm. Marshall, } Richmond, 27th, Aug. 1807.
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 Cincinnatians 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 destination 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 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. Attest, SAM: COLEMAN, Secretary.
In pursuance of the foregoing resolutions the members of the Virginia State Society of Cincinnatians , 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. Attest, 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, of 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. Jeman Baker or Mr. William Skipwith will show the land to any person wishing to become a purchaser. FRANCIS EPES. Chesterfield, June 3, 1807.
TO RENT, FOR A TERM OF YEARS, OR OF ONE YEAR, A VALUABLE FARM IN the upper end of Hanover county , and at present in the occupancy of John Hay, Esq. containing 250 acres. There are perhaps few tracts of land that combine more advantages than this. It is well adapted to the cultivation of corn, wheat & tobacco; has a full portion of the first 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.
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.
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. Pleafants
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 Poindexter , will be sold on the nineteenth day of September next, at Louisa courthouse , to the highest bidder, for ready money. A Tract of Land Lying in the county of Louisa on the waters of Deer 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.
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 Frye 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.
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 osnaburgs shirt and hemp rolls overalls, but carried with him a grey casimere coat, with lapels, a swansdown waistcoat, and a pair of overalls of dark corduroy large cord, and an old surcote coat of drab colored frieze; he was raised in Powhatan county, and it is very likely that he may be about Mrs. Cassie Cook's , 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.
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 return the subscription-papers to the publisher by the first of November next; on which day, the subscription, at the present price, will be closed.
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, his hair peeked up each side of his forehead, flat 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.
To be Rented, THE PLANTATION CALLED RALEIGH, ON which the Thomas Pleafants 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.
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 line 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 employers 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 latest improved spring and patent backs, and Russia bands and parchment corners, 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- titled to LAND, under the Rev. Mr. HURT's WILL , are 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 Lands divided between them. Robert Morris. Louisa, August 25, 1807.
NOTICE. ALL persons having claims against the estate of John Sandridge, 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 2d, 1807.
The subscriber offers for sale, a TRACT OF LAND, IN the county of Goochland , twenty eight miles from Richmond , and five from the court house, 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 land 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 confidence. John Markham.
TOMPKINS & MURRAY, ARE now receiving 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 . Steuben's Military Exercises , a neat edition with plates. Acts of Louisiana . Thomson's Seasons in Miniature . Miseries of Human Life . Novice of St. Dominick , by Miss Owenson , author of the Wild Irish Girl , &c. St. Clair , by the same. Porter's Essays . Alcoran . Exercises of Piety . Curran's Speeches . Marmontel's Memoirs . New World's Preparation . Farrier's Dictionary . Raymond's Reports . Bell's Surgery . 2nd Supplement to Barton's Medical & Physical Journal
United States Court, fifth Circuit, and Virginia District, May term, 1807. John and Jane Backhouse, administrators and administratrix, de bonis non of John Backhouse, deceased, unadministered by Rebecca Backhouse, deceased, and Jones, executrix, &c. of Gabriel Jones, deceased. Against, Robert Patton, administrator, de bonis non cum testamento annexo of James Hunter, deceased, unadministered by Patrick Home, deceased, Joseph Emney, administrator of Adam Hunter, decd. James Hunter, son of John Hunter, deceased, who was heir of Adam Hunter, deceased, and Robert Dunbar, Defts. THE defendant James Hunter , not having entered his appearance, and given security according to a rule of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this district; on the motion of the plaintiffs by their counsel; It is ordered , That the said defendants do appear here on the first day of the next term, and answer the plaintiff's bill, and that a copy of this order be forthwith inserted in some one of the newspapers, published in the city of Richmond , for two months successively, and posted at the front door of the capitol in the said city. A Copy, Teste, Wm. Marshall, Clk.
United States Court, fifth Circuit, and Virginia District, May term, 1807. Luke Tiernan, Against, Mary Brent, widow of George Brent, Daniel Brent, Robert Brent, John Cook, Bailey Washington, William Brent and Robert Brent, Mary Brent and George F. Brent, infant children of George and Mary Brent, Defts. THE defendants Daniel Brent and William Brent , not having entered their appearance, and given security according to a rule of this court, and it appearing to the satisfaction of the court, that they are not inhabitants of this district; on the motion of the plaintiff by his counsel; It is ordered , That the said defendants do appear here on the first day of the next term, and answer the plaintiff's bill, and that a copy of this order be forthwith inserted in some one of the newspapers, published in the city of Richmond , for two months successively, and posted at the front door of the capitol in the said city. A Copy, Teste, Wm. Marshall, Clk.
United States Court, fifth Circuit, and Virginia District, May term, 1807. John Dixon, Against, Edward Rumsey and Peter Hoffman and son, Defts. THE defendants, not having entered their appearance, and given security according to a rule of this court, and it appearing to the satisfaction of the court, that they are not inhabitants of this district; on the motion of the plaintiff by his counsel; It is ordered , That the said defendants do appear here on the first day of the next term, and answer the plaintiff's bill, and that a copy of this order be forthwith inserted in some one of the public newspapers printed in the city of Richmond for two months successively, and also posted at the front door of the court house of this county. A Copy, Teste, Benjamin Watkins, D. C.
AT a quarterly Court continued and held for Prince Edward county, August the 19th, 1807. William Whitworth, Compts. Against, John Spaulding and his wife, John Burton, John Ward and his wife, Robert Burton, Thomas Wilson and his wife, and Anderson Burton by John Reid his guardian, and Osborne Lockett, executor of James Scott, dec. Defts. THE defendant Robert Burton , not having entered his appearance and given security according to an act of the General Assembly and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this county, on the motion of the complainant by his counsel; It is ordered , That the said defendant Robert Burton , do appear here on the first day of November court next, and answer the complainant's bill, and that a copy of this order be forthwith inserted in some one of the public newspapers printed in the city of Richmond for two months successively, and also posted at the front door of the court house of this county. A Copy, Teste, Benjamin Watkins, D. C.
In King William County Court, July 27th, 1807. Christopher Tompkins, Complainant, Against Thos. Reeves & John Temple, defts. In Chancery. THE defendant Thomas Reeves , not having entered his appearance and given security according to the Act of Assembly, and the rules of this Court, and it appearing to the satisfaction of the Court, that he is not an inhabitant of this country. On the motion of the Complainant by his counsel; It is ordered , that the said defendant Reeves , do appear here on the fourth Monday in November next, and answer the bill of the Complainant; and that a copy of this order be forthwith inserted in some newspaper published in the city of Richmond for two months successively, and posted at the front door of the Court house of this county. And it is further ordered that the defendant Temple do not pay, convey away, or secrete any debts by him owing to the other defendant, Thomas Reeves , until the further order or decree of this court. A Copy Teste, Robert Pollard, C. C.
At a Court of Quarterly Session continued and held for Albemarle county, the 5th day of August, 1807. John M c Coy, Plf. Against Henry Emmerson, Josiah Hum. } In Chancery Phrey & Jacob Girt, defts. THE defendant Jacob Girt , not having entered his appearance and given security according to the act of assembly and the rules of this court; and it appearing to the satisfaction of the court that he is not an inhabitant of this Commonwealth; On the motion of the plaintiff by his counsel; It is ordered , that the said defendant appear here on the first day of the next term and answer the bill of the plaintiff and that a copy of this order be forthwith inserted in the Virginia Argus , printed in the city of Richmond , for two months successively, and posted at the front door of the courthouse of the said county. A copy—Teste, Alex r . Garrett, d. c. a. c.