The enquirer (Richmond, Va.), 1805-04-09 00:00:00

THE ENQUIRER.
RICHMOND, (Virginia) PUBLISHED BY RITCHIE & WORSLEY, OPPOSITE THE POST-OFFICE...AT FIVE DOLLARS PER ANNUM...payable in advance.
NUMBER 104.]
TUESDAY MORNING, APRIL 9, 1805.
[VOLUME 1.]
CONDITIONS.
 I. The Enquirer will appear twice a week...During the session of Congress and the Virginia Legislature, either a third paper or a supplementary half-sheet, during the week.  II. Terms of payment FIVE DOLLARS per annum, in advance.  III. ADVERTISEMENTS, from those who do not subscribe to the paper, should they not exceed a square in length, shall be inserted for seventy-five cents the first time, fifty cents for each time during three weeks, and for every additional insertion thirty-three cents; long ones in the same proportion.  IV. SUBSCRIBERS shall have their advertisements inserted for fifty cents the first time, and thirty-three cents for every additional insertion. 
Sales at Auction.
On Wednesday, the 10th day of April next, will be sold, at Public Auction, on a credit of four months, at the dwelling house of Thomas Gilliatt:  ALL HIS HOUSEHOLD AND KITCHEN FURNITURE, consisting of a variety of Valuable Articles. At the same time, and on the same terms, will be sold a pair of elegant well-broke CARRIAGE HORSES, or a SADDLE HORSE. On the same day will be sold to the highest bidder, for one or more years, the HOUSE and LOT now occupied by said Gilliatt.  THOMAS TAYLOR, Esq. Co. V. M. March 21.
Auction Sales.
THOMAS TAYLOR & Co. WILL in future sell at the store occupied by M. W. Hancock & Co. on Wednesdays in each week; and at their office, on Tuesdays and Fridays as usual.  Dec. 1, 1804. eptf
BROKER'S OFFICE.
THE Subscriber has opened a Broker's Office, opposite the Union Tavern, and over the Counting-house of Thomas and Amos Ladd. All business confided to him, will be transacted with their fidelity.  THOMAS NORVELL. He has for sale - A FEW SHARES IN THE MANCHESTER TURNPIKE. Also - Old State Certificates, bearing six per cent interest. March 12. tf
BROAD-ROCK RACES.
On Tuesday the 30th instant, will be run for, the JOCKEY CLUB PURSE of Four Hundred Dollars, four mile heats.  The second day, the PROPRIETOR'S PURSE of Two Hundred Dollars, three mile heats.  The third day, a SWEEP STAKE for 4 year old Cols and Fillies, two mile heats; entrance 100 Dollars, half forfeit; subscription to be kept open until the evening of the first day's Race.  The money to be run for each day, will be placed in the hands of the Judges by the Proprietor of the Course.  WILLIAM BALL, Proprietor of the Course. April 6th. (eptf 6th.)
FAIRFIELD RACES.
On Monday the 6th day of May, the FAIRFIELD JOCKEY CLUB CUP will be run for, for all ages - the horses to be bona fide the property of members - fifteen, two mile heats.  The day following, the JOCKEY CLUB PURSE of Four Hundred Dollars, four mile heats.  On the third day, the PURSE OF THE PROPRIETOR OF THE COURSE, of two hundred dollars, three mile heats.  On Thursday, a SWEEP STAKE for Cols of 3 years old, for a pipe of best Madeira Wine; distance, two mile heats. Four Cols are entered, and the subscription closed.
WEIGHTS AS FOLLOW:
  Aged 133 lbs.   6 years old 128   5 do. do. 118   4 do. do. 106   3 do. do. 90   Mares & Geldings allowed 5 lbs.
ESME SMOCK, who is now proprietor of the Course, informs gentlemen of the Turf, that the money to be run for each day will be placed in the hands of the Judges; - He is willing to rent the Dining Hall, and the Boats in the River. Persons will be placed at the gate to receive Toll, as usual. He will also furnish stables and litter for race horses gratis; and board servants at 25s per day. March 26. (eptf)
FRESH SUPPLY OF SPANISH HIDES.
FOR SALE. A Large quantity of prime Spanish Hides, on moderate terms. Apply to the subscriber opposite the Post-Office, Richmond.  MICAJAH DAVIS. 4th Mo. 4th. - tf
FOR RENT:
THE Large White House at Rocketts, formerly occupied by Mr. William Fenwick, and afterwards by Mr. Braxton Craddock. For terms apply to GALLAGHER, RICHARD & CO. January 11. (tf)
TO BE SOLD - FOR READY MONEY.
IN pursuance of a decree of the Circuit Court of the United States, between Phineas Bond, attorney for the creditors of Ezekial Edwards, plaintiff, and David Ross and others, defendants, in order to raise the sum of 7000 dollars 40 cents, with the expenses of sale, A NUMBER OF SLAVES and so much of that valuable Estate in the county of Campbell, known by the name of the OXFORD IRON WORKS, as shall appear sufficient to raise the said sum of money and the said expenses; the said and being now in the occupation of the said David Ross, and the slaves aforesaid, being on the land.
The sale will take place at the Oxford Iron Works, in the county of Campbell, on Thursday the 11th of April next.  The slaves are represented to be very valuable. The land is so well known, as to render a description unnecessary. BEN. MOSBY, D. M. for JOS. SCOTT, M. V. D. March 1, 180
HATS AND SHOES.
AN ASSORTMENT JUST RECEIVED, AND FOR SALE BY JUDSON & BURR, Second door above the Eagle - ALSO, THREE Bales India Cottons, 1 Cafe 4-4 fine Irish Linens, 2 tans country refined Bar Iron. March 28. (e p 3t.)
TO BE SOLD.
PURSUANT to a Deed of Trust, executed to me by the late Henry Randolph, Esq. for the payment of certain sums of money in the said Deed, acknowledged to be due from him to Lyle and McCreight, merchants, a parcel of land situated in the county of Chesterfield, within the distance of four miles from Manchester, and estimated to contain about three hundred and fifteen acres. This land, commonly known by the name of Scott's tract, or the Camp tract, will be sold at Public Auction, on Wednesday the first of May next, between the hours of eleven A. M. and two P. M. at Zachariah Brooks's Tavern in Manchester, on the following terms, viz. - One third of the purchase money to be paid down, one third in six months, and the remaining third in twelve months from the day of sale.  Bond and security will be required for the unpaid balance of the credit installments, on which payment being made, a proper conveyance will be executed by JOHN HEVENINGHAM. Chesterfield, March 28. (eptf.)
WILL BE SOLD,
At Public Auction, on Saturday the 20th day of April next, at the Rawleigh Tavern, in the city of Williamsburg;
THAT valuable Plantation called YARMOUTH, lying in James City county, on Chickahominy River, ten miles from Williamsburg. The improvements are, a two story brick house, with two rooms and a passage above and below; porticoes on each side; a large and capacious barn, and three other out-houses. The whole tract, including an island, in view of the house, high and low land with marshes, contains about 2700 acres; scarcely one third of which is cleared. Two thirds of the island is arable, which, with the land adjoining the house, is of superior quality. Adjacent to the island are two bold and navigable creeks, with a convenient landing to each. The range for cattle is very extensive, and the marshes and meadows will supply an abundance of hay. Fish and wild fowl, in their respective seasons, may with ease be obtained at your door. The orchards, consisting of the greatest variety of all kinds of fruit, selected with care, are now in their prime. The terms of sale are one third cash and one, two and three equal annual payments, for the balance. PEYTON RANDOLPH, jr. For ELIZA INNES. Feb. 19. (eptf.)
ADVERTISEMENT.
To be SOLD to the highest bidder, on a credit of twelve months,
FIVE TRACTS OF LAND, belonging to the estate of Thomas Anderson, dec. viz: - One in Campbell county, of 400 acres, lying on both sides of the main road, on the branches of Beaver Creek; this tract to be sold at next April Campbell court, being the 8th day of the month.
One in Burrett county of 150 acres, lying on Catawba creek; this tract to be sold at next April Burrett court, being the 11th day of the month; these two tracts to be attended by Mr. Anthony Dibrell, who is hereby fully authorized to act for the executors of the said Thomas Anderson.
One of 400 acres, one of 147 acres, and one of 50 acres, lying in Buckingham county, the two former on the waters of Rock Island creek, and the latter one on Irving's ferry road. These three last tracts to be sold at next May Buckingham court, being the 15th day of the month. Bond and approved security will be required, to bear interest from the date, but if punctually paid the interest shall be remitted.
STORED AT THE SUBSCRIBER'S
TWO Casks Marked (C) shipped at New-York, on board the Schooner Father and Sons, Henry Aberdeen master. The owner is requested to call, pay charges, and take them away. SARAH LESTER. March 28. (epsw)
WHO HAS FOR SALE,
Boards, Plank, Scantling, Cypress Shingles, Cedar Posts, Rhode Island and Philadelphia Lime in bds. and tiers. Black and Bright Paints, Tar, Wheat Flax, Wool, Wines, and Wine Sifters, &c. March 28. (epsw)
BURR MILL STONES, OF ALL SIZES; and
PLASTER OF PARIS, of an excellent quality, FOR SALE, AS USUAL, BY WILLIAM DAVIDSON. near the Market. Dec. 4. [eptf.]
TO PRINTERS.
HENRY OURAM - PRESS-MAKER, South-east corner of Prime and Sixth-streets: RESPECTFULLY informs the trade, that he undertakes to supply Printing-Offices with every thing in his line, having a complete Printer's Fount, constantly employed in making the wood part of Presses, Furniture, Rules, &c. &c. Cuts of all sizes, Composing Sticks, Brass & Wood Galley, &c. &c. constantly on hand, or made to order with dispatch and neatness. Orders from any part of the Continent attended to. Printed. Jan. 5. epdm.
Printing.
IN ALL ITS VARIETY, EXECUTED AT THE OFFICE of the ENQUIRER. A few copies of the following BOOKS, just received and for sale at the OFFICE of the ENQUIRER.   Johnson's Dictionary, with Walker's pronunciation.  Webster's Dictionary.  Medical Thesaurus.  Littell's Greek Grammar translated.  Cobbett's French Grammar.  Stephens's History of the wars of the French Revolution.  Burke's Works, Superb Edition.  Horace Delphini.  Virgil Do.  Cesar Do. &c. &c.   Also, a small assortment of STATIONARY.
MAP OF VIRGINIA.
PROPOSALS FOR PUBLISHING BY SUBSCRIPTION, A Map of Virginia: FORMED FROM ACTUAL SURVEYS, AND THE LATEST AS WELL AS THE MOST ACCURATE OBSERVATIONS, BY JAMES MADISON, D. D. PRESIDENT OF WILLIAM & MARY COLLEGE.
To which will be added, A MAP of the greater part of the State of Ohio, from actual surveys; including the whole of the Virginia Military Tract; with all that part of the State West of the Ohio River, to the Indiana boundary line.
The north-east corner of the Map will be ornamented with an interesting View of the City of Richmond.
The size of the MAP will be five feet six inches in length, and three feet eight inches in breadth.
An ingenious and Skillful Engraver is engaged to execute the work, in a style not inferior to any similar work in the United States.
CONDITIONS.
The price to subscribers will be eight dollars, neatly mounted, colored and glazed - One dollar, (to lighten the great expense of publication,) to be paid on subscribing.
To non-subscribers the price will be ten dollars. [COPY RIGHT SECURED.]
In offering the above work to the public, the proprietors are sensible that excellence is not often attainable; but with candor and truth, equally remote from arrogance and partiality, they can say, that they conscientiously believe it has a just claim to the confidence and patronage of the people.
A Map of Virginia has been long and anxiously looked for: None has been published, on the plan of the one now offered, for many years, when Augusta was the frontier county.
The labor, expense, and apparent difficulties, in accomplishing so interesting a work, have deterred several from the arduous undertaking. The proprietors, finding that most of the other states had recently given encouragement to similar productions, and entertaining a high sense of the real dignity and importance of Virginia, embarked in the business, from a well grounded belief that the magnitude and utility of the work, would insure, if accomplished, a remuneration. And while Virginia is powerfully stimulated with the love of science and virtue, they hope and believe the will view domestic productions, which prove eminently useful, with a generous pride.
Those gentlemen who take subscription papers, are requested to return them to the subscriber, in Petersburg, by the first day of May. The maps will be ready for subscribers in the course of the ensuing summer.
WILLIAM PRENTIS.
Petersburg, February, 1805. Subscriptions received by RITCHIE & WORSLEY and others with whom subscription papers are lodged.
IMPEACHMENT OF JUDGE CHASE.
THURSDAY, Feb. 14.
(To be continued.)
Judge Chase here went into an assertion of the right of the judiciary to decide on the constitutionality of laws.]
He then adverted to the proceedings of the legislature of Maryland. He commented on the wisdom and patriotism of those who had framed the constitution of that state. That wisdom and patriotism had never conceived liberty to consist in every man possessing equal political rights. To secure property the right of suffrage had been limited. The convention had not imagined, according to the new doctrine, that property would be best protected by those who had themselves no property. The great rampart established in the limitation of suffrage was now demolished by the principle of universal suffrage engrafted in the constitution. In addition to this, a proposition was now submitted, whose ratification depended upon the next legislature, and which, if ratified, would destroy the independence and respectability of the judiciary, and make the administration of justice dependent upon legislative discretion. If this shall, in addition to that which establishes universal suffrage, become part of the constitution, nothing will remain that will be worth protecting. Instead of being ruled by a regular and respectable government we shall be governed by an ignorant, mobocracy. When he reflected on the ruinous effects of these measures he could not but blush at the degeneracy of sons who destroyed the fair fabric raised by the patriotism of their fathers.
President. Did you hear any reflections cast on the administration. Mr. Smith. I do not recollect any other besides those contained in the statement I have read.
JOHN STEPHEN Esq.
I was at Baltimore when the charge was delivered by Judge Chase. My recollection of its contents is extremely vague. But with regard to some parts of it, it coincides with that of Mr. Montgomery, Mr. Mason, and Mr. Smith - he spoke of the repeal of the judiciary law, and that it was injurious to the independence of the judges. He also mentioned the general suffrage law as injurious; and said no man ought to be permitted to vote unless he had a property in, a common interest with, and an attachment to the community - that the bill violated this principle, and would be attended with very injurious consequences; he denied the doctrine of natural rights - and said that they were altogether derived from convention; and at the end of the charge he exhortated the jury to use their efforts to prevent the injury likely to result from the temper of the times. I cannot say whether Judge Chase confined himself to a written paper, or not. He declared that the independence of the judiciary of the United States had been injured by the repeal of the judiciary system; and that the bill, then pending before the legislature or Maryland, if adopted, would have the same effect upon the judiciary of that state.
Mr. Nicholson stated that all the witnesses present on the part of the prosecution had been examined; they would therefore proceed to other certain re- ds - but as several material witnesses were absent, he hoped they would not be precluded from calling them, should they attend, at a future stage of the trial.
Mr. Randolph offered in evidence a copy of the record in the case of J. T. Callender - also in the case of Fries. Mr. Randolph then stated that the managers had submitted all the evidence they were prepared to adduce - whereupon the court rose.
FRIDAY, March 15, 1805.
The evidence being closed on the part of the prosecution, Mr. HARPER, of counsel for the respondent, addressed the court to this effect.
Mr. President - We feel so strong a reliance on the justice, impartiality and discernment of this honorable court, that nothing but an anxious regard for the character and feelings of the honorable gentleman who is the object of the prosecution, and a solicitude to remove even the slightest imputation of impropriety or incorrectness that may rest on his conduct, could induce us to occupy any portion of that time which we know to be so precious, by the introduction of testimony on his part. We believe the charges to be utterly unsupported, by the testimony adduced on the part of the prosecution; and had we no other object than a mere legal acquittal, we should cheerfully rest the case on that testimony. But we are aware that some parts of the honorable judge's conduct, though not criminal nor punishable by impeachment, may, if left without explanation, appear in an unfavorable light. We are prepared with testimony to give this explanation; to shew that through all the transactions which form the matter of this prosecution, he has been governed by the purest motives, & that whatever errors he may have committed, are trivial in themselves, are imputable to human infirmity alone, and were instantly corrected by himself. This testimony we request the permission of this honorable court to produce. But a conscientiousness of the strong ground on which we stand, and a recollection of the very important public business which now presses on the attention of this honorable court, in its legislative capacity, have determined us to waive our right to a general opening of our case; and to confine ourselves, in this stage of the cause, to a brief statement of the points to which our testimony will be directed.
On the first article, which relates to the conduct of Judge Chase in the trial of John Fries for treason, we shall produce testimony to shew, that the opinion contained in the paper which the judge delivered to the prisoner's counsel was not only legal, but had been twice expressly decided, and once admitted in the same court, as a general principle of law, in a charge delivered to a grand jury in the same court, by one of Judge Chase's predecessors.
[Here Mr. Harper sat down, while the committee of the whole were entering and taking their seats.]
Mr. Harper then rose and proceeded. He stated that the counsel for the respondent had begun to open their defence, & were stating the ground which they should take in opposition to the first article of impeachment. We shall show, said he, by the most indisputable testimony, that the point of law respecting treason in levying war against the United States, which was stated in the paper delivered to the counsel of Fries, has been once informally decided by the same court, in a prior case, and twice after solemn argument, and full discussion, and that one of those decisions was made in the case of John Fries himself, on an indictment for the same offence. We shall shew that Judge Chase's predecessor had, before counsel were heard, and before an indictment was found, delivered the same opinion in a charge to the grand jury. We shall proceed to prove in a more particular manner the contents of the paper, thus delivered to the counsel. We shall produce the original paper itself; and shall prove that delivered to the prisoner's counsel to be a true copy of it; and we shall conclude by shewing that when the counsel of Fries had refused to proceed in his defence, and were informed by the judge that they might go on, and conduct the case as they thought proper, he employed no menacing expression, nor uttered no such words as "proceed at the hazard of your characters;" but merely informed them that they should be under no other restriction, but that which a regard to their professional character would impose. That far from threatening, he did all in his power to soothe; and instead of restricting, gave the utmost latitude of indulgence.
Proceeding then to the second general head of accusation, the conduct of the respondent relative to the trial of Callender, which furnishes the matter of the second article, and embraces in the whole five articles, we shall shew that the copy of the "Proposed Before Us," which the respondent carried with him to Richmond, was marked not by him, but by another person, without any view to a prosecution of the author, and was given to him by that person without any request on his part, as a performance which might amuse him on the road.
As to the private conversation at Annapolis, we shall prove that it was a mere jest between the respondent and the gentleman, who, after treasuring it up for five years, has this day brought it forward to support an impeachment; and whose recollection of it we shall shew to be far less accurate than ought to be required of a man, who after so great a lapse of time adduces a private, confidential and jocular conversation, to aid a criminal prosecution.
We shall then follow Judge Chase to Richmond, where we shall show, that far from having formed a corrupt determination to oppress Callender, he felt solicitous for the escape of that unfortunate wretch; that far from entering into a combination with the marshal to pick a jury for the conviction of Callender, Judge Chase expressed a wish that he might be tried by men of that political party, whose cause his book was intended to support. We shall prove, by testimony not to be doubted, that no conversation whatever took place between the Judge and the marshal, relative to striking any persons from the panel, much less such a conversation as has been sworn to by one witness for the prosecution. We shall show that no panel of the jury actually summoned was formed, until the opening of the court on the day when the trial of Callender was to have commenced; that it was completed in open court, and was never seen by the Judge. And we shall prove, that the marshal, not by the direction of the Judge, from whom he was bound to receive no directions on that subject, but with his entire approbation and according to his advice, took the utmost pains to select a jury of the most impartial, considerate, and respectable men; that in this selection no attention was paid to party distinctions; and that if no persons of Callender's political opinion actually did serve on the jury, it was because, after being summoned, they made excuses, which were admitted by the court, or refused to attend.
Thus much respecting the conduct of the
Judge previous to the trial. Proceeding, then to the particular matter of the second Article, which relates to the supposed rejection of John Basset's application to serve on the jury, we shall prove, more fully than we have already done, that the nature of this application has been wholly misunderstood by the witnesses on the part of the prosecution; that the juror did not offer an excuse, or apply to be discharged, but merely suggested some scruples of delicacy, and was willing to serve if those scruples were not sufficient to constitute a legal disqualification. We shall fully corroborate the testimony which the juror himself has given on this head, and shall shew clearly that his scruples were not of such a nature, as to furnish a legal or proper ground of objection to his competence as a juror.
As to the refusal of a continuance, which has been so much relied on as a criminal violation of the law, with intent to oppress the party, we shall prove, that although no legal grounds for a continuance were shown, and it was therefore not in the power of the court to grant it, Judge Chase did offer to postpone the trial for a month or six weeks, in order to accommodate Callender and his counsel, and to enable them to prepare; an offer which they thought proper to reject. And we shall also shew, that when this motion for a continuance was made, the law of Virginia, by which it is now contended that the court ought to have been governed, was not cited nor even mentioned.
With respect to the conduct of Judge Chase towards Callender's counsel, we shall prove that it was free from any appearance of harshness, or desire to intimidate, abash or oppress; that the irritation which took place proceeded from the counsel themselves, and that the conduct of the court was far more mild and forbearing than from those irritations could have been expected. That every decision on the law was the joint opinion of Judge Chase and his colleague, delivered after consultation between them. That every interruption of the counsel, arose from their pertinacity in persisting points which had been decided, and on which propriety and duty required them to be silent; and that after the respondent had delivered the opinion of the court on these points of law, he offered to assist the counsel for the traverser in framing a case for the opinion of all the Judges of the Supreme court, and thus to give them an opportunity of correcting any errors which he and his colleague might have committed in those decisions. And finally, we shall produce a witness who having attended the trial and taken down all the proceedings in short hand, will lay before this honorable court an exact detail of all that passed.
Passing then to the matter of the fifth and sixth Articles, we shall prove, by a rule solemnly made by the Supreme court of the United States, that they never considered the state laws as regulating process, by virtue of the act of Congress which is relied on in support of these Articles; but merely as governing the decision of rights acquired under them, when such rights should come into question in the courts of the United States; that the practice in the courts of Virginia under the state law in question, has been and is conformable to our constitution, and not to that contended for on the other side. And as a proof how little the recollection of men, even the most correct, can be relied on, in cases where their feelings have been strongly excited, we shall produce a record, in which the learned gentleman who, though very young, was Attorney General of Virginia in 1800, and who has delivered his testimony with the greatest candor and propriety, did himself order a capias on a presentment, in a case not capital. We shall produce evidence to prove that the capias is the proper process, in all cases of presentments, except those of petty offences, which are tried by the court, without an indictment, and are punishable by fine only, but not imprisonment. And to remove every possible doubt on this head of accusation, we shall prove that when the presentment against Callender was made, and it became necessary to issue process against him, Judge Chase applied to the district attorney for information what was the proper process, who answered a capias; and that the capias which actually was issued was drawn up by the clerk, inspected and approved by the district attorney, and issued on his suggestion.
Respecting the transactions at New-Castle, in the state of Delaware, which constitute the matter of the seventh article, we shall prove that those offensive and improper expressions which are attributed to the respondent, relative to a seditious temper in the state of Delaware, and especially in the county of New-Castle and the town of Wilmington, never were uttered by him; that the witnesses who have deposed to these expressions are under a mistake; and that nothing was said or done by Judge Chase on that occasion, but what he has admitted in his answer; but what propriety justifies, and his duty required. To this end we shall offer the testimony of persons who were in a situation to remark every occurrence; to listen to every expression & on whom such expressions had been uttered, could not have failed to make a strong impression.
We shall then proceed to the charge delivered to the grand jury at Baltimore, which furnishes the eighth and last ground of accusation; and then we shall prove that the respondent said nothing of a political nature to the jury, except that which he has stated in his answer, and which he hopes to satisfy this honorable court that he had a right to say, however indirect or unnecessary the exercise of that right in this instance may have been. We shall produce an host of witnesses to prove that he never uttered such sentiments as are attributed to him by one witness, relative to the present administration, its character, views and manner of obtaining its power; sentiments which he admits would have been in the highest degree reprehensible on such an occasion; that the charge which was delivered was read from a book; and that he spoke nothing extemporarily, as another witness for the prosecution has supposed. And finally we shall produce this book to speak for itself shall prove it to be the same from which the charge was delivered; and shall conclude with the examination of witnesses who stood round the defendant while he read it, sat by his side, and almost looked over him while he delivered the charge which it contains.
This, Mr. President will be the general bearing of our testimony; which we shall now, with the permission of this honorable court, proceed to produce in the order in which it has been stated.
SAMUEL EWING, Esq.
Mr. Hopkins (producing a paper) - Be pleased to inform the court whether that is your hand writing. Mr. Ewing - It is in my hand writing so far as the paragraph, at which I have signed my name - it was written by me at the time, and my name signed to it was

the remainder is not in my hand writing, and I do not know by whom it is written.
Mr. Hopkins—At what time, and from what paper did you make it out?
Mr. Ewing—I made it out from the opinion of the court which was thrown down by Judge Peters or Chase, and within about half an hour after it was thrown down from the bench—I took the copy home with me, to Mr. Lewis's office, where I was at that time a student. In the afternoon of the same day, Mr. Caldwell, the clerk of the court, called on me, and at the desire of Judge Chase and Judge Peters, requested that it might be returned; and I gave it to Mr. Caldwell—I made out only one copy, and this is it.
Mr. Hopkins—The paper being proved, I will read it in evidence.
Mr. Rader—Observed that the original paper was the best evidence, and as one of the copies thrown down from the bench was already before the court, he presumed that ought to be considered as the best evidence.
Mr. Hopkins said he was desirous to read it merely to show that it corresponded with the copy in the possession of the Attorney of the district.
Mr. Hopkins then read the copy in the hand writing of Mr. Ewing (containing the opinion of the court in the case of Fries) which appeared to correspond precisely with the copy adduced by Mr. Rawle.
Mr. Hopkins—Please to state whether you were in the court the day subsequent to that on which the opinion was delivered by the court, and what you recollect occurred at that time.
Mr. Ewing—I attended at the court the day succeeding, and I remember that Judges Chase and Peters, addressing Messrs. Lewis and Dallas, said they were not to consider any thing which took place the day before as a restriction on the course they wished to pursue; Judge Peters said that every thing done yesterday was withdrawn. Judge Chase asked them if they would go on in the cause; some conversation ensued, which ended in the determination of Messrs. Lewis and Dallas not to proceed in the defence of Fries. Judge Chase then made this observation—that if, after the court had expressed their opinion on the law, they persisted in stating to the jury their sentiments on the law, they must do it on the hazard of their legal reputations. I did not understand this as a menace, but as a declaration to the counsel that they must do it on their standing at the bar, and from a regard to their reputations. If I state any thing further, it will be only a recapitulation of the testimony already given.
EDWARD I. COALE sworn .
Mr. Hopkins—Will you examine that paper, and say what you know respecting it.
Mr. Coale—It is a copy of the paper handed down by Judge Chase on the trial of Fries, made at the instance of Judge Chase, from a paper in his hand writing; there were some words in the original which I could not ascertain; I left blanks for them, and they were filled up by Judge Chase—the other parts are written by me. It was made out before the trial of Fries. When in the office of Judge Chase I was frequently in the habit of transcribing papers from his hand writing. After I left him I went to Philadelphia, and lived there when Fries was tried. The Judge occasionally, during my residence there, sent for me to transcribe his opinions; and on that occasion he called on me to transcribe this paper from the original hand writing of himself.
Mr. Hopkins—Was there a conversation between you and Judge Chase, in which he assigned his reasons, and what were they, for making out this opinion?
Mr. Nicholson objected to the putting of this question.
The President desired Mr. Hopkins to reduce it to writing.
Mr. Nicholson said he would withdraw his objection rather than occasion delay. Some objection, however, arising, on the part of the court,
Mr. Hopkins submitted, in writing, the following question:
At the time Judge Chase desired you to make the copy in your hand writing, did he or did he not, explain to you his reasons for drawing up that paper, and if he did what were they?
Mr. Hopkins said he thought such questions perfectly legal, when they went to hear the intention of the accused. We have heard, said he, much of the quo animo ; and it is perfectly clear, that the intention constitutes the guilt of the offence.
Mr. Nicholson—The quo animo is to be collected from the acts of the party. The evidence of his declaration may be thrown to prove the quo animo . But I do not consider it to be correct that Judge Chase shall be permitted to give in evidence declarations made at any other time than at that when we have stated he made them; otherwise it will always lay in the discretion of the party accused to state declarations made at another time by him for the purpose of justifying any acts he may have committed.
Mr. Martin said he had ever considered the declaration of the party at the time he was charged with committing a criminal act as competent evidence to shew his innocence.
Mr. Nicholson said there was no doubt of it; but that he was not charged with drawing out the paper as a criminal act. Any declaration made by Judge Chase at the time he delivered the opinion of the court, may be given in evidence; but any other declarations have nothing to do with the case.
The President—Where was the conversation between the Judge and yourself?
Mr. Coale—At the Judge's lodgings.
The question was then taken on permitting the question to be put, and passed in the negative—Yeas 9—Nays 25.
Mr. Hopkins next offered a certificate of the clerk of the circuit court of Pennsylvania to shew that at the trial of Fries in 1799, there were 86 civil suits depending.
Also a copy of the indictment on the first trial of Fries.
Also a part of a charge delivered by Judge Iredell at the term when Fries was tried, taken from Carpenter's report of that trial, page 14.
Mr. Campbell intimating some objection to receiving this paper in evidence.
The President said it might be read as a report of the case; but what credit it would deserve it would be for the court to determine.
Mr. Rawle was again called in.
Mr. Hopkins—You were district attorney at the trial of Fries. I will ask you whether the restriction of the court as to arguing the point of law was not applied to the counsel of the United States, as well as to those of the prisoner.
Mr. Rawle—I certainly did consider the restriction as imposed upon us both.
Mr. Hopkins submitted extracts from 2nd Dallas p. 346, 348, to shew that in the cases of Vigol and Mitchell the crime of high treason was completely settled by the court, and was the same as defined by Judge Chase in the trial of Fries.
WILLIAM MEREDITH sworn .
Mr. Hopkins—Were you present at the trial of Fries?
Mr. Meredith—On the 22nd day of April 1800, I went to the court house for the purpose of attending the trial. It was rather at a late hour; I think after eleven o'clock, before I reached the court house, I met several persons coming from the court room; I thought therefore that the court had adjourned, but not seeing any of the gentlemen of the bar, or the
judges, I went on; when I came into court, I saw Judge Chase holding a paper in his hand, and he said that the court had with great deliberation considered the overt acts in the indictment against Fries, that they had made up their minds on the extent of the constitutional definition of treason; and that to prevent their being misunderstood, they had committed their opinion to writing, one copy of which was intended to be given to the district attorney, another to be given to the jury; perhaps something else might have been said, but I do not recollect it. The paper was then thrown down by him to the bar, and a sentiment of this kind was expressed by Judge Chase—that this opinion was not intended by the court to prevent the counsel from proceeding in the usual manner.
I felt a desire to take a copy of the paper—I do not recollect whether more than one was thrown down. I had not, however, an opportunity of doing it. The paper was so fully occupied till the adjournment of the court, that although I made two or three attempts to obtain it, I could not succeed. The court adjourned a short time afterwards. After I went home, I recollect that an application was made to me by the clerk of the court to return the copy, which he understood I had taken. I informed him I had not taken a copy. On the following day I was in the court room at the opening of the court. Fries was put to the bar, and the Judge then enquired whether the counsel were ready to proceed on the trial. I remember Mr. Lewis addressing himself to the court, and objecting to proceed in the defence, because the counsel had been restrained by the court from proceeding in the manner which they deemed most beneficial to their client. I remember also that Judge Chase told him that he ought not to refer to the opinion which had been delivered on the preceding day; that the counsel were not to be bound by that opinion, as it had been withdrawn. Mr. Lewis referring to that opinion, however, considered it as the formed and decided opinion of the court, and that although the court had withdrawn it, it still would have an operation upon their mind; that while the court was under its influence, they could not expect to be heard in any of their arguments to effect. Judge Peters replied that the opinion was withdrawn, and I think Judge Chase repeated the opinion before expressed, that the counsel were not to be bound by that opinion, might enter fully into the case, & argue as well on the law as on the fact before the jury. I recollect Mr. Lewis stating to the court his opinion of the appointments of cases decided at common law in England—I remember Judge Chase's expressing his opinion and belief that they were perfectly inapplicable; and afterwards remarking, that if however the counsel would go on, it was not the intention of the court to circumscribe them, or to take from the jury the decision of the law as well as the fact. He further added, that the counsel might manage the defence in such way as they thought proper, having a regard to their own characters. I am the more particular and positive of these expressions, because very shortly after the trial I made a summary of the proceedings. I find it stated as coming from the mouth of Judge Chase, and that he repeated that the counsel for the prisoner might go on in their own way, having a regard to their own characters. Judge Peters made a remark which I thought was calculated to put the counsel into good humour—but they persisted in their refusal to proceed. Thus far the court manifested in my opinion, a desire that the cause might progress, and a permissive and conciliatory temper; but Mr. Lewis having again decidedly said that he would not proceed, Judge Chase said, if you suppose by conduct like this, to put the court into a difficulty, you are mistaken. After a pause, Judge Chase then addressed himself to the prisoner, and asked him, if he was ready to proceed on his trial, or whether he would have other counsel assigned to him. Fries replied he did not know what was best for him to do, but he would leave what was best for him to do, to the court. Mr. Rawle stated that from the peculiarity of the circumstances of the case, and the prisoner being left without the assistance of counsel, his wish was that the trial might be postponed for a day, and the postponement took place by order of the court. The following morning when the court was assembled, Fries was again put to the bar, and judge Chase enquired of him whether he wished the court to assign him counsel? His reply was, that he would trust himself to the court and jury. Judge Chase replied, then by the blessing of God, the court will be your counsel, and will do you as much justice as could be done by the counsel that were assigned you, or nearly in those words. The trial proceeded, but I was not present during the whole of it.
Mr. Hopkins—Do you recollect whether judge Chase guarded the prisoner against putting any improper questions to the witnesses, &c?
Mr. Meredith—Judge Chase seemed to me to perform his promise. He told him he had a right to put any questions he pleased, and guarded him against putting improper ones.
Mr. Harper said he would next proceed to the case of Callender.
LUTHER MARTIN sworn .
Mr. Harper—Did you furnish judge Chase with a copy of the book, entitled the Prospect Before Us, and at what time did you furnish him with it?
Mr. Martin—It is not a pleasing thing for me to be a witness on this point, as I may be considered as a party concerned, and especially from being one of the counsel for judge Chase. Yet, as it is required from me, I will proceed to state what I know. When I was in New-York, I observed in a newspaper which I took up at a barber's shop an advertisement for the sale of the Prospect Before Us. I mentioned it to Judge Washington, and he sent his servant to procure a copy; and I desired him to purchase two copies. I read it, and as was usual with me with respect to books any wise interesting, I scored such passages as were remarkable either for their merit or demerit; and I did score a great portion of the book. But I did not score them with the least idea of an indictment being founded upon them. When I scored the book I did not know that judge Chase was going on the circuit of Virginia—My scoring was for my own amusement, and for that of my friends. Afterwards I saw Judge Chase—I asked him if he was going down to Richmond—he answered Yes—I asked if he had seen the book called the Prospect Before Us—he said he had not. I then told him, I will put it into your hands, you may amuse yourself with it as you are going down, and make what use of it you please. There was a great deal more scored than was contained in the indictment. I most solemnly declare that I had no view to a prosecution in scoring it; though I have no hesitation in saying that in common with every worthy inhabitant of America I detested the book.
Mr. Nicholson—What do you mean by detest?
Mr. Martin—I am ready candidly to acknowledge that I did think it a book that ought to be prosecuted; and I did not think that Judge Chase would have an opportunity of seeing it unless I gave him a copy of it. It is very likely he had suggested that I had some share in drawing
up the indictment against Callender, I most solemnly declare I did not put pen to paper on the subject.
Mr. Harper—Was not your name written on the book?
Mr. Martin—It was.
President—Did you express the view you had in putting it into his hands?
Mr. Martin—I said what I have already stated; that he might take it down with him, and make such use of it as he pleased.
JAMES WINCHESTER, sworn .
Mr. Harper—Will you please to state whether you were in Annapolis in 1800 in court with Judge Chase, and Mr. John T. Mason; and what was the conversation which then took place?
Mr. Winchester—I attended a circuit court held at Annapolis in 1800. I do not recollect either the day the court commenced or ended. I think on the last day of the term sentence was passed on—Saunders for stealing in his chamber of post master the contents of a letter. A crowd gathered round the door, and retarded our passage out of court. I do not remember what persons remained; but Mr. Mason came up, and addressed himself to judge Chase. My recollection is at best but imperfect; and of this conversation necessarily indistinct. In the account of it therefore I shall use my own language. I may occasionally use the language of Judge Chase and Mr. Mason. According to the impression on my mind, the conversation commenced in this way. Judge Chase had delivered a charge to the grand jury. Mr. Mason came up, and in a laughing manner jocularly asked in what light are we to consider the charge, as moral, political, judicial, or religious? These are the words, I believe; but of this I am not certain. The judge replied in the same jocular manner, I believe, that it was a little of all. I cannot be certain, but I think Mr. Mason intimated to the Judge, that he would not deliver such sentiments in Virginia. It appeared to me that the language of Mr. Mason conveyed to Judge Chase the idea that he was afraid to deliver such sentiments in Virginia, though I am not myself confident that such was his meaning. The Judge replied that he would, and that he would at all times and in all places execute the laws in the manner he had declared. The conversation then turned on the book called The Prospect Before Us; as well as I remember it was spoken of as a book written by Callender. The conversation which passed on the subject I cannot pretend to relate at all, more than that I have a strong impression on my mind that Judge Chase mentioned that Mr. Martin had put the book into his hands, that he would take it with him to Richmond, and lay it before the grand jury, and have it presented. I heard Mr. Mason's testimony, and my recollection corresponds with his, that the whole conversation was jocular. I do not remember the particular expressions which Mr. Mason relates; but I cannot say that they were or were not made. Because my attention was not very pointedly directed to the conversation, and at the time, from the laughing which took place, I might not have heard the expressions though they had been used.
Mr. Harper—What is the expression you do not recollect?
Mr. Winchester—That if the whole state of Virginia was not depraved, he would carry the book down with him, and have the fellow indicted.
(To be continued.)
Call Indies.
Extract of a letter from a gentleman in Calcutta, to his friend in Hartford, Connecticut, dated October 27, 1804.
"The Princess Charlotte is taken in Vezagapatam, by the Mainwaring and two large frigates, which the Centurion, of 50 guns engaged for 8 hours and a half, and beat off. Monsieur Sourcous is in the bay, and seven or eight privateers; they have taken several large ships. Things bear a very cloudy aspect here; the Mainwaring turns out quite different from what Lord Wellesley expected. One king's and five company's regiments, under the command of Gen. Monson, have been completely cut to pieces; and accounts are in town (Calcutta) this morning, of the grand army under Gen. Lake, having had a bloody day; of one regiment of light dragoons, only one officer, and about fifty men survived. They find the native cavalry equal to the British dragoons. The particulars of the engagement government will not publish. Company's paper is 8 per cent. discount. One of the largest houses here failed for forty five lack of Rupees. European goods very high indeed."
Foreign Intelligence.
NEW-YORK, March 30.
By the Ann, Coit, from Hull, we have received an addition of London papers, but not later or more interesting advices than those brought by the Liverpool Packet. The Courier of February 6, mentions, that on the preceding evening, in parliament, some personal allusions arose between Mr. Pitt, and Mr. Fox. The latter accused Mr. Pitt of inconsistency, or change of opinion with respect to the late admiralty board, he having taken no steps to investigate its proceedings since he was in power, though when out of power he had laid heavy charges against it.
Mr. Pitt replied, that every opinion he had entertained of that department while out of office, had been confirmed since he had been in office. He retorted, by expressing surprise that Mr. Fox should bring the charge of inconsistency. He referred to the former coalition between Fox and North. Mr. Fox had repeatedly pledged himself in parliament to impeach Lord North whenever it was in his power: he had even expressed such horror with regard to his lordship, that he should be afraid to sit in a room with him. But when Lord North was turned out, Mr. Fox formed the famous coalition with him by which they were jointly enabled to seize on the government—and so far from bringing charges against him, held him up as the most virtuous of men and the ablest of statesmen.
Mr. Fox replied, that there was nothing in the transaction alluded to that could give him pain, on a retropect of his conduct.
Mr. Pitt was content to leave the transaction to be judged of by the world.
Ten troops of horse and 1000 men were to embark at Spithead about the middle of February for the West-Indies.
The London opposition prints continue to hint at changes in the ministry, the removal of Mr. Pitt, Lord Melville, &c. and the ministerial prints to say that these rumors are without foundation.
Some extraordinary circumstances are mentioned, but obscurely, respecting the kingdom of Etruria. The banishment of the Etrurian minister and some domestics of the palace, among others a cook belonging to the queen and the infant king of Etruria. No particulars are given.
Morn. Chron.
BONAPARTE'S GIGANTIC PROJECTS.
PARIS, JUL. 18, 1805.—Every thing concurs to render it probable, that we shall soon be able to announce the accession of his imperial highness prince Joseph, brother of the emperor, to the throne of Lombardy—[The emperor's journey to Italy will be connected with the new monarchy; and it is said his holiness will, on his return to Rome, perform the coronation of the new king of Lombardy.]
The arrangements for a new organization of the kingdom of Etruria, are not yet ripe for execution.
A division of the Grenadiers and chasseurs of the imperial body guard has marched to Lyons; from thence they will proceed to Milan; whether a detachment from the corps of Mamelukes is already gone.
There are now in this city, deputies from the Italian (Cisalpine) republic, with instructions to offer the crown to Bonaparte, as king of Lombardy.
Bonaparte is on the point of again crossing the Alps; and to make another visit to Italy. Let Austria beware! She neglected this caution before the battle of Marengo, and she lost Italy. Bonaparte's mamelukes and his guards have already left Paris, and are immediately to be followed by his imperial majesty. The elevation of his brother Joseph to the Throne of Lombardy, which has been offered by a deputation from the Italian republic, is alleged to be the sole cause of his journey—it is only one of the causes—For some time past troops have been filing off from the Eastern and South Eastern parts of France to Italy; it is even said, that the Italian detachments which formed part of the encampments at Boulogne and along the Western coast of France, have broken up, and returned to Italy, under the pretence that the cold weather was injurious to troops used to a warmer climate. The increase of the French troops in Italy, and the position they took along the Adriatic shore, and on the Neapolitan frontier, was supposed to be with a view of occupying Naples, and of defeating any attempts that might be made by the Russian troops in Corfu. Whether Austria saw that so large a force could not be required to defeat the designs which the Russians in Corfu might entertain, or to overrun and occupy the whole kingdom of Naples, we know not, but she began to form a cordon upon her frontier from the Tyrol to Venice. She has alleged the epidemic distemper in Tuscany as the cause of this cordon—a pretence which does not deceive Bonaparte, who certainly perceives that so large a force can only be for the purpose of observation. It is evident that Austria suspects him—He has endeavoured to quiet her apprehensions by an express condition that the new king of Lombardy shall renounce all claim to the succession to the Imperial crown of France, and that the titles of Emperor of France and King of Lombardy shall never be united in the same person. But these assurances have not produced the effect of removing the apprehensions of Austria, or of inducing her to withdraw her cordon; she has recently increased it. Hence the altercation at the levee between Bonaparte and Count Cobentzel, to whom the former spoke in the language of insult and defiance.
The aggrandizement of his family, an aggrandizement for which they shall be indebted solely to him, is the vast object of his ambition. To give his family a power and a consequence which none ever possessed before—to be Emperor, reigning over dependent Kings—Kings bearing his name, and created by himself; is the grand scheme and determination of his mind—Kings of Italy, and of Holland, Switzerland, and of Spain, all stripped from the same tree, and planted in the different soils of Europe by himself. The Pope is conveniently absent from Rome, and already do we hear it intimated, that his residence may be fixed elsewhere, by the intended change in Italy. The kingdom of Etruria is sickly, and is hastening to its dissolution. In this kingdom of Lombardy will be merged the Republics of Liguria and Lucca, the kingdom of Etruria, and even the territories of the Church. Naples will be the last part of Italy seized and added to it. That such are Bonaparte's gigantic designs, seem to be suspected by Austria, and this is the motive of her having assembled so large a cordon.
We shall not be surprised to find that Bonaparte's object, in passing the Alps, is not to fear his brother on the throne of Lombardy in the first instance, but to place himself at the head of his army, attack and break the Austrian cordon, which, by being too extended, is in no part very strong; which, not expecting immediate hostilities, has not collected sufficient ammunition, & other necessaries, & thus drive the Austrians out of the Venetian territories, and secure the possession of them to France, that is to the kingdom of Lombardy.—Bonaparte sees that war with Austria is inevitable, and his policy is always to strike the first blow.
West Indies.
BARBADOES, Feb. 12.
GALLANT NAVAL ACTION.
His Majesty's brig Curieux, capt. Bettesworth, which failed from hence on the 3d inst. has triumphantly returned this morning with the enemy's prize lately boasted privateer Madame Ernouf! At day light yesterday morning the Curieux discovered the enemy, who crowded all sail to escape, but after 11 hours chase was brought to action, which commenced with equal gallantry on both sides, and lasted from four o'clock, until half past five o'clock in the afternoon; the enemy three times throwing his vessel on board the Curieux, and attempting to board, but as often failed with considerable loss. From the true courage of the enemy, in sustaining the dreadful fire of the Curieux, evinced by the shocking havoc of the crew, and shattered state of the vessel—Captain Bettesworth deserves additional honor by obtaining a victory, which, although not of great magnitude, has been as obstinately contested as any in the annals of naval gallantry. What renders it the more considerable and important is the thus having secured our trade from the further depredations of one of the enemy's most successful cruisers; also strengthening our own naval force by the addition of a remarkable fine vessel, which when thoroughly repaired, will answer his majesty's service in these seas. The Madame Ernouf had failed on her present cruise three weeks ago, from Guadalupe, commanded by captain Cassex, is a brig of 16 heavy guns, and carried one hundred and twenty men; had only made one capture, the ship Minerva, (retaken by the Nimrod) in which ten of her crew were taken, and in the above action had seventeen killed and thirty wounded. The vessel considerably battered in her hull, her foretopmast carried away, and latterly almost every sail and part of her rigging cut up. On board the Curieux, one officer (Mr. Madlock, puffer) and four men were killed, and three men, one mortally wounded. Captain Bettesworth received a slight wound in the cheek from a musket ball, which made an incision in his ear, and passed through his hat. The Curieux is a large brig (and was about this time twelve months out of Port Royal, captain, then Lieut. Bettesworth being second in the command in the enterprise) carries an equal number of guns with the enemy, but of heavier metal, and has one hundred and eighteen men.
PHILADELPHIA, April 1.
By the Supercargo of the brig Sally and Jenny, from St. Pierres, Martinique, we have been obligingly favoured with the following details: "On the 19th February in the night, a French fleet
consisting of one vessel of 110, two of 80, and three of 74 guns, with three frigates and two brigs, but no transports, having on board about 3,500 men, arrived at Fort-Royal, Martinique. On the 20th, an embargo was laid on all the shipping in the different harbours of the island—On the 21st, the fleet passed St. Pierres on their way to the island of Dominica, where they arrived on the same night—On the morning of the 22nd, opened their batteries on the town of Rouleau—The town was not summoned to surrender previous to the attack, but it seems to have been the intention of the French Admiral to have carried it by a coup de main. The town was defended by a small fort that overlooks it, in which Governor Prevot, and a few of the militia of the town were stationed; they made a brave defence for nearly five hours, and then retired with the inhabitants to the fortification at Prince Rupert's Bay, on the other side of the island. The town of Rouleau was near two-thirds destroyed by fire, occasioned as was supposed, by the wadding of some of the guns from the fort. The French landed about evening, and took possession of the fort and the remainder of the town. Our informant is confident that no contribution was levied, as has been reported, because the inhabitants had generally fled before the French landed—On the morning of the 23rd the French forces gone round to Prince Rupert's Bay, but it afterwards appeared that they failed for Guadalupe—on the receipt of this information at Martinique, the first of March, the embargo was taken off, and on the 24th our informants failed—On the 4th of March in the morning, he passed Bastafre, Guadalupe, and saw the French fleet at anchor—In a short time they weighed anchor and proceeded on; about mid-night of the 4th of March, lost sight of them in the channel between Montserrat and Antigua—He supposes that it was their intention to attack Nevis and St. Kitts in the morning, as they were then only about 20 miles distant. It was generally reported at Martinique, that all the necessary officers for the Government of an Island—such as a Captain-General, were on board of the fleet; and, that the orders to the commander of the fleet, were, if possible, to carry whatever place he might attack, by a coup de main, and if he could not, to abandon the enterprise—He was particularly commanded not to waste his time in blockades or regular sieges—The loss sustained by the French, in their attack on Dominica, was stated at Martinique to be 600 men—The loss of the English, was stated at 15 men, but of this there was no certainty.
Captain Hunt, from St. Thomas, off the Hole in the Wall, spoke the brig Commodore Barry, Mead, out 8 days from hence to Havanna—The French squadron were at anchor, between Nevis and St. Kitts; when he, Columbia Packet, left St. Thomas, they had landed a few troops at Nevis, but had not attempted St. Kitts.
*Nevis is a small island about 2 leagues long and one wide, separated from St. Kitts by a gut or channel, about two or three miles wide. It abounds in good fresh water, and probably for this the French fleet have stopped. From this they have but the short distance of 20 miles to any part of the Island of St. Kitts, and about sixty miles to Antigua.
Domestic Intelligence.
NEW-YORK, March 30.
Merchants Bank.—We have the pleasure to state, on intelligence from Albany, received since our last, that the bill for incorporating the Merchants' Bank has become a law; and that it passed the Council of Revision with only one negative. For the passing of the bill, his Excellency the Governor, Chief Justice Kent and Judge Thompson. The judge against it was Ambrose Spencer.
The Albany Register furnishes the following particulars respecting the act of incorporation.
"The capital stock is limited to twelve hundred & fifty thousand dollars—shares 50 dollars each. The state reserves the right of subscribing 3000 shares; one thousand of which are to be vested in the state without compensation, and the income annually arising therefrom is expressly appropriated to the support of Common Schools—The Treasurer of the state is, ex-officio, one of the directors. The incorporation is to endure till the year 1818, and the business of the bank is exclusively confined to the city of New-York."
PENNSYLVANIA.
FROM THE AURORA.
In the interesting extract of a letter from Lancaster, which we published on Friday, it was mentioned that the governor had negatived an act, passed by both houses of the legislature, for altering the mode of appointment of comptroller and register general. The circumstances of this case deserve much of the attention of the reader at the present time.
The legislature, as it had a right to do, passed a bill declaring that, in future the comptroller and register general should be appointed by a joint vote of both houses in the same manner, as the treasurer is at present appointed. The motives for the passage of this act it is unnecessary to ferret out, but, we may infer that they were correct. The act was sent to the governor or for his approbation, and was returned with the objections which we copy in full. If the reader will take the trouble to examine for himself, he will find that the whole of the governor's superfluity has a quibble for its foundation: a quibble too, which is comprehensible by every man; and does no credit to a governor or in particular, who boasts of having filled so many high and important stations.
In enumerating the powers of the governor, the constitution says:
"He shall appoint all officers, whose offices are established by this constitution, or shall be established by law, and whose appointments are not herein otherwise provided for."
Now, let us see what the constitution says in another part:
"The state treasurer shall be appointed annually, by the joint vote of the members of both houses. All other officers in the treasury department shall be appointed in such manner as is or shall be directed by law."
It follows that as the comptroller and register general are "officers of the treasury department" the legislature had a right to direct by law in what manner they should be appointed. This deduction must be obviously correct, but the conjectures of the governor, with respect to the motive of the convention, can have no relative force or weight. The reasoning of the governor "they might have supposed, that the legislature might conceive it necessary, that other officers should be appointed as a check upon him" is so wire-drawn that it refutes itself—the article says expressly all other officers, that is as well those existing as those which experience might point out to be necessary.
What the governor says of the comptroller and register general having been heretofore appointed by the executive, prove nothing, for as lawyers say, no right can arise from indulgence—no cause may have heretofore arisen to render it useful or necessary to lessen the power of the governor, but when he ventures to declare "he will prevent a convention" it is time to exercise the privileges granted by the constitution and to circumscribe his means of influence.
As an evidence of the sense of the house of representatives on the following letter, we learn, that after the objections had been considered, the bill, for altering the mode of appointing the comptroller and register general, was adopted by above the constitutional majority—aye 54, noes 20. The

The bill to alter the mode of appointing the Comptroller General and the Register General, which had passed both houses of the Legislature, has been returned by the Governor, with the following objections:
To the Senate and House of Representatives of the Commonwealth of Pennsylvania.
GENTLEMEN,
I have read and considered the bill, entitled "An act to alter the mode of appointing the Comptroller and Register General," and as it appears to me inconsistent with the purview and spirit of the constitution of the state, and also inexpedient, I cannot approve it. I have therefore directed the Secretary to return it to the house of representatives, in which it originated, together with my objections—which follow:
First—By the second article of the constitution, made and established by the people of the Commonwealth, on the second day of September, one thousand seven hundred and ninety, section eight, "The Governor shall appoint all officers whose offices are established by that constitution, or shall be established by law, and whose appointments are not therein otherwise provided for." By article 6, section 5, "The state treasurer shall be appointed annually by the joint vote of the members of both houses; all other officers in the treasury department, attorneys at law, election officers, officers relating to taxes, to the poor and highways, constables and other township officers, shall be appointed in such manner, as is or shall be directed by law."
These being the parts of the constitution, which have relation to the present bill, the sole question is, what the convention had in contemplation by the words "All other officers in the treasury department, &c. shall be appointed as is or shall be directed by law." If it had been intended, that the members of the two houses should, by joint vote appoint all other officers in the treasury department, attorneys at law, and the officers enumerated in this section, the convention would have annexed this power to that of the appointment of state treasurer, in the same sentence or clause. What then, it may be enquired, had they in view? My answer is, they might have supposed, that the legislature might conceive it necessary, that other officers should be appointed as a check upon him. They may also have had a reference to the county treasurers, excise officers and others, who might be deemed necessary to collect and pay money in the state treasury, as a part of the revenue not arising from taxes, and who might be employed or commissioned solely for that purpose.
The comptroller or register general has as little connection with the treasury department, as any other officer in the state; the names of officers merely, cannot designate their department or duties—They receive no public monies, nor pay into the treasury; they make no reports or reference to the state treasurer, nor are they amenable to him in any manner whatsoever; they are entirely connected with the supreme executive department of accounts; their principal duty is to liquidate and ascertain the claims and demands against the commonwealth, and to report them to the governor; and if they disagree, he is to decide, and thereupon to draw his warrant for the money on the state treasurer, specifying the appropriate fund.—No reasons have been assigned in the bill, why they should be considered as officers in the treasury department, nor can I divine any.
Since the establishment of the present constitution, these officers have always been appointed by the governor; and by the last act of the legislature, preceding the present constitution, the comptroller general held his office during the pleasure of the supreme executive council. It may be said, that this was in pursuance of acts of the legislature; but under the first constitution, the supreme executive council were vested with the power of these appointments, though overruled by the house of assembly: under the present, the governor has the right to appoint these officers, without the aid of the legislature; & the last act of assembly on the subject, may be construed as a recognition of it. At any rate, it cannot deprive any future governor of his constitutional rights, and at least, proves, that the governor, in their opinion, was best qualified to appoint them.
By this bill the present officers are to continue in office until the second Tuesday in January next, if they shall respectively so long behave themselves well; but, there is no such provision for the future. I have long entertained doubt respecting the power of the legislature, to make any office during good behavior; except those so directed by the constitution; if this can be done, a governor having a suitable understanding with the legislature, may place his and their favorites on this foundation; and thereby not only preclude his successor from the aid of friendly coadjutors, in the arduous administration of public affairs; but also subject him to every difficulty, which can be contrived by enemies. This would be contrary to the practice of every well regulated government, and not "doing, as we would wish to be done to us."
Besides, the two houses have no constitutional power to continue the present officers a single day against the will of the governor: It would be encroaching too far on his authority, and destroying his responsibility. Be all this as it may, the spirit of our constitution is, to keep the legislative, executive and judicial departments in the government, as distinct and independent of each other as possible; it has prescribed limits to each, the barriers of which, cannot be passed without violation of this sacred instrument.—The executive branch (among other duties) is, "to see, that the laws be faithfully executed," which he cannot well perform, unless he has the appointment of the officers necessary for that purpose. The legislature are to make laws, not to expound them, nor to appoint those who are to execute them.
Second—It seems to me to be inexpedient. On the face of the bill it appears manifest, that the legislature have no objections to the present officers; no member has ever hinted any thing of the kind to me—then why the necessity for, or what benefit can be derived from, the alteration at this time of the mode of appointment? All legislators heretofore for near fifteen years, have thought this power should be deposited with the governor for the time being; and if capable and good officers have been appointed by him (as seems to be acknowledged) what advantage can be obtained for the public service, by placing these officers hereafter under the will and pleasure of an annual, fluctuating body. Merit alone will not secure their constant re-election; they must acquire a knowledge of every new member, as well as have address and management, in canvassing for votes; and more adroit candidates, will at all times, render their situation irksome and precarious. Few men worthy of these offices, will be found, who will subject themselves to such a tenure, and the advantages of experience will be lost.
The first comptroller and register general were appointed by the legislature; the result is too well known, and has been too severely felt, to require any further animadversion; public default has likewise occurred in one of the state treasurers—more than two hundred thousand dollars have by these officers been misapplied!
These instances afford no proof of the intended mode of appointment being the most salutary. With respect to myself, it is a matter of perfect indifference, who shall have the appointment of these officers. The faithful discharge of the trust of appointing officers, must be always attended with great anxiety to a conscientious mind.
Having been a member of as many congresses, conventions, legislative assemblies, and other public bodies, as perhaps any gentleman in the United States—permit me to declare, that from all my experience and observation, a large public body is not so well qualified to select the best characters for subordinate offices as a single person, responsible, unfettered and independent.
The precedent being once established of the two houses of assembly, assuming to themselves the power of appointing executive officers, "many an error by the same example will creep into the state." With more plausibility, the secretary of the land-office, the surveyor-general, receiver-general, and prothonotary of the supreme court, may be declared to be in the treasury department, than the accounting officers; for they collect and pay a large proportion of the public revenue to the treasurer of the state.
I have no ambition for power; but I trust, I shall be excused in holding it as a sacred duty, to transmit the constitution (which approaches as near to perfection as any that ever did, or does now exist in the world) to my successor, unimpaired and unenfeebled by any act of mine.
THOMAS M'KEAN. Lancaster, March 25th, 1805.
ENQUIRER.
RICHMOND, APRIL 9, 1805.
VIEW OF THE AFFAIRS OF PENNSYLVANIA. No. I.
A Politician who should make the tour of the United States, would find few political events in any of the states to arrest his anxious attention. In the south, the competition between the two prevailing parties has long since expired, and a triumphant majority of the people is deeply devoted to the cause of the present administration. In the north, where there is a more equal proportion between the number and the influence of the two parties, and where consequently, there is an incessant struggle for office and power, he will find the states of New-Hampshire and Massachusetts warmly excited, and deeply interested in the election of their governors, and each party in fact, pledging the general success of their cause upon the triumphs of their favourite candidate. He will have arrived in time to witness the joy of the republicans of New-Hampshire, in having borne the patriotic John Langdon thro' every opposition; and to anticipate the republican triumph of Massachusetts, in seeing James Sullivan at the head of her affairs. It is in Pennsylvania alone, agitated by discussions of the deepest concern to any nation, and split into local parties, whose opposition has assumed the most disciplined form, and whose zeal is commensurate to the importance of the subject; it is here that our traveller would arrest his enquiries, while he discovered a subject so well worthy of his most attentive investigation. He would at once perceive that these discussions would not be confined to the mere local affairs of Pennsylvania, respectable as that state is from the number and political influence of its inhabitants; but that they involved principles of the greatest importance, relating to the very theory of government itself, and perhaps extending in their consequences over the other states of the union. Let us also pause for a moment with our inquisitive traveller, while we contemplate the principal topics of this discussion, and offer a few desultory remarks upon the views and conduct of the opposite parties. We do not pretend to be as intimately acquainted with the various facts, which will decide the merits of the question, as those who are on the scene of action; but perhaps we may make a better use of those, which we do possess. Prejudice and passion are not less dangerous foes to the cause of truth, than even ignorance itself.
There are two important questions before the people of Pennsylvania: 1st. Is their constitution so defective as to justify the calling of a Convention to amend it? And 2nd. If a Convention ought to be called, has the legislature the right to call one? These questions are obviously to be settled by different principles, and are susceptible of very different answers. Many may agree about the one who differ about the other. There are in fact not less than three political sects in Pennsylvania who have formed different views of this subject. There is one party who think that the defects of their Constitution do not justify any recourse to a Convention. There is another who admit that the constitution requires some amendments, but they deny the right of the legislature to call a convention. There is a third party, who acquiesce not only in the propriety of calling a Convention, but in the right of the legislature to call one.—Let us briefly examine these separate questions.
Has the legislature of Pennsylvania a right to call a Convention? The constitution of the United States, and of almost all the states, seem not to have been designed for immortality, in the form which they originally assumed. Most of them admit the abstract right of the people to amend them, and the abstract propriety of amending them, whenever experience shall have discovered their imperfections. Some of them have gone so far as to describe the particular mode, by which a convention of the delegates of the people is to be summoned, for introducing such amendments. The federal constitution, for example, declares that congress shall call a convention either when two thirds of both houses shall deem it necessary, or when the legislatures of two-thirds of the states shall apply for it; but that the amendments of the convention, shall not be "valid to all intents and purposes" until they have been "ratified by the legislatures, or by the conventions of three-fourths of the states as the one or the other mode of ratification may be proposed by the congress." The constitutions of New-Hampshire, Vermont, Delaware, Maryland, Georgia, Ohio, Kentucky and Tennessee, have also made special provisions for their own amendment. In some of these states, amendments may be made by the ordinary legislatures; and in others, they can only be introduced by a convention. In Georgia, South Carolina, and Maryland, no amendment can be made a part of the constitution, until it has been adopted by two succeeding legislatures; and the bill for this purpose must be published in such time before the intervening election as may enable the people to decide on its propriety, and to select the proper members; these constitutions only differing in the majority of the legislature necessary to adopt it, and in the interval of time between the publication of the amending bill and the election
of the members. In those constitutions which prescribe the necessary interposition of a convention, different plans are stipulated for calling them together. In Vermont, a convention is to be summoned by the council of Censors, who are chosen and meet every seven years. In Kentucky, Tennessee, Ohio, Delaware and New-Hampshire, the legislature must direct the mode of the qualified voters to be taken at the time of electing their legislators, and if a majority of votes should be in favour of calling the convention, the legislature must direct one to be called. In Kentucky, however, the sense of the people must be taken at two annual elections. The constitutions of Delaware and South Carolina, may be amended either by the legislature or by a convention.
It is certainly a defect in the constitutions of the other states, that they contain no particular directions for their own amendment. In Massachusetts, Rhode-Island, New-York, New-Jersey, Pennsylvania, Virginia and N. Carolina, no provision of this sort has been adopted; but the practice (as far as I have observed it) has been conformable to the principle of the other constitutions, and to the principle of a republican government. A proposition, for instance, was made in the year '91, to summon a convention in Virginia: the legislature referred it to the people, who had never relinquished this attribute of their sovereignty; and the people decided against the meeting of a convention. In New-Jersey, a few years ago, there was a decided majority of both houses of the legislature in favour of a convention, but they did not venture upon the measure; they were determined to wait until the votes of the people, at a general election, could be taken on the subject. The legislature were decidedly in favour of a convention, but the people were decidedly against it, and the measure was consequently relinquished.
If there is a constitution which prescribes no particular process for the calling of a convention, and which confers the execution of it on no particular department, what would it prove, but that the people did not intend to give away this sovereign power from themselves, to any body whatever? What would it prove, but that the body which attempted to exercise such a power, was in fact violating the spirit of the constitution? It is true, that most of these state constitutions have given the legislature the right of making any laws whatever, on any subject, with the exception only of those enumerated in the Bill of rights; but this qualified power does not certainly extend to an alteration of the constitution. There is a material difference between making and altering a law, and making and altering a constitution; between the change of an addition, and of a fundamental law. The first power is exercised by the legislature: the last is either exercised according to some specified provision of the constitution, or it is reserved to the people themselves, in their sovereign capacity.
But if it were in the power of the legislature to call a Convention, this sovereign power of the people would be liable to incessant insults. The people might elect a legislature merely to revise the laws, without ever thinking of any change in the constitution. Yet the legislature assumes to itself the power of calling a convention. It does not refer to the people the previous question whether they will have a convention, but merely what candidates they will please to prefer. The election comes on: the sheriffs receives the votes of every man, who desires an amendment of the constitution. But it is not provided that a majority of the whole number of qualified electors is necessary to the determination of the election. The smallest possible number will be sufficient to decide it, and there will always be a few in every county in the state, who are disposed for a change in the government. What then is the consequence? An election must be carried, and a convention will be assembled. The only resource which the majority of the people would have in such a dilemma, would be to send such members to the convention, as would resolutely oppose every innovation. But such men, if they even composed the majority of the convention, would have the whole constitution completely at their feet, for let it be recollected that the legislature would have the same right to give them unlimited powers as to give them any: in spite of their previous contract with their constituents, a spirit of reform might arise among them: mutual alteration and mutual jealousy would appear; and they might not adjourn, before they had changed the constitution itself or at least had endangered the tranquillity of the nation. Should the people however lumber at their posts on the day of the election; should they suffer the friends of innovation to elect their favourite candidates; the consequences of such a deplorable apathy will be far more worthy of regret. The convention will be composed of members, who, to the power of revising every part of the constitution has combined an active spirit of innovation. In either of these cases therefore the people have not decided in their sovereign capacity: their constitution has been altered, and a majority of the people have been opposed to the alteration.
May we not still further extend the consequences of such a doctrine? The legislatures may be tempted to exercise this power beyond what the defects of the constitution will require: Conventions may be frequently called; and the constitution will be continually fluctuating. Is it even too bold a prediction to say, that the legislatures themselves may assume the privilege of changing the constitution, without having recourse to a convention, since they have the same constitutional power to reform as they have to create reformers?
True it is, that even the legislatures themselves are not altogether beyond the controul of the people, and that their official responsibility will generally make them extremely anxious to collect the sense of the people, before they give the word for the assembling of a convention. But it is equally true, that there are always some members in the legislature, who would have boldness enough to vote for such a measure, without consulting the wishes of their constituents. And no one will deny the extreme difficulty of accurately collecting the sense of the people, by enrolling their names on petitions or memorials.
The application of these remarks to the present question, no one can mistake. They go to prove that the legislature of Pennsylvania have no constitutional right to summon a convention; and that even the present mode of collecting the voice of the people by memorials and counter-memorials is not a correct standard for ascertaining the voice of the majority. They go to prove, that the present legislature of Pennsylvania, are bound to wave such a measure, and to refer it to the consideration of the people.
Were I then an elector of Pennsylvania, I should be opposed to a legislative call for a convention, however strongly I might be convinced that the present constitution required an amendment. I should agree with general Muhlengberg, who after having lately declined the office of president of the "Constitutional Republicans," explicitly added, "that he was decidedly opposed to the calling a convention by the legislature, and that he would render any assistance in his power to prevent its taking place."
We mentioned, in speaking of the conductor of the Amenitatis , that we were strangers to the history of his past life.—An intimate friend of Mr. Girardin, on whose veracity and accuracy we can rely, informs us, that he received his education in one of the principal cities of France; where he had for his private tutor the director of a monastery of females (in which one of his aunts lived), and attended, at the same time, the public lectures delivered at the college of that city. His juvenile studies were attended with no inconsiderable success, and he more than once was proclaimed victor in the literary combats in which the students of that college were exercised, at the expiration of each year. Those combats were brilliant, and the victorious wreath highly honourable. Mr. Girardin's object was the bar. He applied to the study of the law, at first in an university, and afterwards in Paris under an eminent practitioner. The revolution commenced, and progressed rapidly. The parliamentary courts were suppressed, and many old and distinguished lawyers remained without employment; of course, the profession now offered but little encouragement. During his residence in Paris, Mr. Girardin had cultivated literature, and, especially, as a recreation from his more serious studies, poetry. He had published some fugitive pieces, and even ventured on a tragedy. This, and other circumstances, procured him the esteem and friendship of the literati, in particular, of Monf. B. De St. Pierre, whom he has since shall ever recollect with enthusiastic gratitude.—M. D'Oremeson, then at the head of the king's library, offered to him a situation in the department conducted by the Abbe Barthelomi, the celebrated author of the "Travels of Anacharsis." Mr. Girardin was sure of that situation, and fondly cherished the idea of a literary existence when Mr. D'Oremeson fell a victim to political persecution. Carr, his successor, offered the same situation to Mr. G., but his principles did not permit him to accept it from one of his friend's bitterest enemies. He retired to the city where he had formerly lived, still cultivating science and literature, and waiting for happier times. A friend to rational liberty, but an enemy to licentiousness and disorder, the terrors of the Robespierrean reign could not awe him into silence—he spoke, he wrote—and the dagger of assassination was pointed to his breast. In the navy, he found a refuge, though a dearly-purchased one. He long was screened from the guillotine by these means, and narrowly escaped destruction from the thunder of the British in a well known action. He afterwards sought an asylum on the hospitable shores; where he has found what he most values, liberty well understood, a protecting and wise government. He has been in this country employed in the laborious and useful profession of instructor of youth, a career which he has pursued with some success, and with unremitted zeal.—An existence thus agitated, has not permitted him to attain eminence in scientific pursuits, but he has the courage to undertake, and the energy to execute, any scheme which may redound to his own honour, and to the benefit of the world.
FOR THE ENQUIRER.
COURSE OF JUVENILE EDUCATION.
THE following brief delineation of the course of instruction pursued in O'gilvie's school, will enable parents to appreciate with tolerable accuracy, its probable and comparative advantages. Boys from eight or nine, to twelve or fourteen years of age, are instructed in reading, writing, latin, practical arithmetic, elocution, Geography and Euclid's Elements. As soon as the pupil has attained a competent knowledge of these elementary parts of literature, his attention is directed to the philosophy of grammar and Rhetoric, to history, to Algebra, conic sections and the higher branches of Arithmetic. The last stage of his progress comprehends, Ethics, political economy, the philosophy of the human mind, the laws of nature and nations, Newton's Principia and Fluxions.
In teaching the philosophy of grammar and rhetoric, the books principally used, are, Tooke's Analysis of language, Harris's Hermes, Campbell's philosophy of rhetoric, Allison on Taste, Burke on the sublime, and Blair's lectures. In studying Ethics and political economy, the books principally used, are, Smith's Theory of moral sentiments, Price on Morals, Smith's Wealth of Nations, Stewart's political economy, and Malthus on population. On the philosophy of the human mind, & the laws of nature & nations; are the books principally used, Hume's Essays, Hartley on man, Ward and Vattel. The higher branches of Mathematics are taught by Mr. Wood, whose attainments and abilities in this important and difficult department of science, are confessedly and unquestionably pre-eminent. The other branches are taught by J. O'gilvie, through the medium of lectures.
His mode of lecturing is as follows. The principal propositions which he proposes to illustrate, are distinctly expressed in writing, and arranged in the form of questions, (every lecture comprehending from eight to twelve questions.) Each proposition is distinctly stated and explained in a manner as perspicuous and impressive as possible. After delivering the lecture he leaves the room. During his absence it is the duty of every member of the class to prepare himself to answer distinctly and fully, the questions which have been proposed and explained. As soon as the class are prepared, they are examined, propositions imperfectly understood are re-explained, and any doubts, difficulties or objections which may have occurred are attentively and impartially considered. When the examination is concluded, each student is required to prepare and exhibit in writing, before the succeeding lecture is delivered, a distinct explanation of the most material parts of the preceding lecture. As soon as the student has attained some knowledge of the philosophy of grammar and rhetoric, his compositions are carefully reviewed, and any improprieties, inaccuracies or inelegancies, in style, allusion or reasoning, into which he may have been betrayed, are pointed out.
Independently of the lectures which are regularly delivered, and the reading and exercises connected with these lectures, which successively embrace every part of the course, the perusal of such philosophical & historical works as are best calculated to improve the minds of youth is earnestly recommended, and as the pupil advances, becomes indispensable to the prosecution of his studies, and the performance of his academic duties.
A very laborious prosecution of this plan for several years, (under circumstances in many respects, very unfavourable to a fair and decisive exhibition of its comparative merits,) has satisfied the writer of these observations, that it is well calculated to awaken curiosity, strengthen the understanding, communicate solid information, and excite a decided predilection for useful reading and scientific research, not only as a preparation for the liberal professions, but as a source of amusement and pleasure. A punctilious attendance in the school during the hours set apart for study, diligent attention to lectures and exercises, a regular appropriation of a part of his leisure to useful reading, and a ready avoidance of every sort of immoral or vicious amusement, are expected from every student.
J. O'gilvie has at present under his care, from thirty to forty pupils, but with Mr. Wood's assistance, will be able to teach, and is anxious to receive twenty or thirty more. It is his unalterable determination to spend the prime of his life, as he has spent the flower of his youth, in the instruction of youth. At no former period of his life has he been so clearly convinced of its extensive utility, or so feelingly alive to its exquisite
* It may perhaps be proper to remark, that all the branches of natural philosophy which depend upon geometry and algebra, and the experimental parts, so far as a knowledge of it can be obtained from verbal explanations and plates, are comprehended in this course.
attractions: Nor does his ambition prompt a wish more ardent than to be successfully and conspicuously active, in instilling into the minds of youth, a knowledge of the principles, and a lively and inextinguishable sensibility to the undying attractions of science, literature and virtue.
N. B. The editors of public prints throughout Virginia are respectfully requested to republish the preceding observations in their respective papers.
Minerva Printing-Office.
COOK & GRANTLAND.
RESPECTFULLY acquaint the public, and particularly those who are fond of encouraging young beginners, that they have lately procured a parcel of new type, which will enable them to execute on the shortest notice, PAMPHLETS, HAND-BILLS, CARDS, &c. in the neatest style, at the usual prices.
JUST PUBLISHED, BY COOK & GRANTLAND, AND FOR SALE AT THE MINERVA OFFICE, THE FARCE OF
RAISING THE WIND.
The following critical remarks on this production are copied from a London periodical work of high repute:
"November 5th, 1802 To-night a new Farce, entitled, Raising the Wind ," was performed for the first time.—This farce is of the true English stamp, and the best we have seen for a great length of time. The incidents follow each other with that rapidity that not a moment is left for languor; and police such gaiety, that it is impossible not to be pleased. The humour is the most unconfined that can be imagined.—This farce deserved and obtained the most complete success. The plaudits were almost unremitting. The piece was given out for repetition on with universal applause.— Lady's Monthly Museum , No. 11, Vol. II. April 9. (Stp.)
J. WARRELL.
RESPECTFULLY acquaints his friends and patrons, that for their convenience he has removed his DANCING ACADEMY to the Bell-Tavern. The next Dance will commence on Thursday the 18th instant. April 9. (4tp.)
VALUABLE PROPERTY.
The subscriber desires to close his business in this place as soon as possible, is induced to offer for sale, the following valuable property, viz.
 A CONVENIENT two story dwelling house, 24 feet square, having one room and a passage on the lower floor, two rooms on the second floor, and two good rooms in the garret, a cellar with plank floor, and divided into three apartments, one used for cooking; the yard included with a brick wall seven feet high, the whole in good repair. This tenement is situated near the Bell-Tavern, on the cross street leading to the Rock Landing, and is insured in the Mutual Insurance company, against fire in the state of Virginia, and the premiums paid.  Eleven unimproved half acre Lots, on Shoccoe-Hill, 600 acres Military land in Kanawha county, on the waters of Oldtown creek, a branch of Ohio river, being a grant made to George Mufe, Adam Stevens, Andrew Lewis and others, in the year 1772.  25 tracts of land in Montgomery county, containing 22,172 3/4 acres, the whole patented in my name, viz.  1000 acres surveyed 3rd April, 1786 in Montgomery county, on Cole river.  2080 acres surveyed 24th July, 1786 in same county, on 16 mile creek, adjoining the late General Washington's survey on Kanawha river.  362 1/2 acres surveyed 23rd July, 1786, in same county, on Loop waters, waters of New-river.  1000 acres surveyed 13th May, 1786 in same county, on the Ohio river.  3210 acres surveyed 5th April, 1786 in same county, south of a creek running into Cole river.  2138 acres surveyed 21st February, 1787 in same county, on Cole river.  320 acres surveyed 3rd February, 1787 in same county, on the waters of Cooper's creek and Little Blue stone.  1300 acres surveyed 16th Feb. 1787 in same county, on the head waters of the fourth fork of Cole river, that heads against Guyandott.  95 acres surveyed 10th Feb. 1787 in same county, on the head waters of Glade creek.  78 acres surveyed 8th Feb. 1787 in same county, on a branch emptying into Glade creek on the fourth side of the same, and about one mile above the ford of said creek.  500 acres surveyed 10th Feb. 1787 in same county, on the north fork of Mud river that heads against Guyandott.  1500 acres surveyed 12th May, 1786 in same county, on Ohio river.  2000 acres surveyed 8th May, 1786 in same county, on the great Kanawha.  1000 acres surveyed 16th May, 1786 in same county and on ditto.  963 acres surveyed 8th Feb. 1787 in same county, on the head of Glade creek.  214 acres surveyed 7th Feb. 1787 in same county, on the waters of Glade creek, on the south side thereof.  155 acres surveyed 6th Feb. 1787 in same county, on the west end of Joe's Ridge, and on the waters of Glade creek.  154 acres surveyed 6th Feb. 1787 in same county on Joe's ridge.  298 acres surveyed 6th Feb. 1787 in same county, on Joe's ridge, and the waters of Glade and Cooper's creek.  414 acres surveyed 22nd Feb. 1787 in same county, on the second fork of Cole River, on the road crossing from Piney river to Guyandott.  2000 acres surveyed 26th Feb. 1787 in same county, under the big pipe stem knob, and running down both sides of the creek.  416 acres surveyed 14th Feb. 1787 in same county, on the waters of Coopers creek, and Joe's ridge.  380 acres surveyed 3rd Feb. 1787 in same county, on the head waters of Cooper's creek.  3338 acres surveyed 20th Feb. 1787 in same county, on the fourth fork of Cole river.  1345 acres surveyed 2nd Feb. 1787 in same county, on the head waters of Little Blue stone, about half a mile north from the White Oak creek.  Three tracts of land in Monongalia county, patented in my name, viz.  350 acres surveyed 1st June, 1796 in Monongalia county adjoining Matthew Richey's land, and the Pandolph county line, on waters of Cheat river.  400 acres surveyed 20th October, 1797 in same county, adjoining lands of Abner Harper, above the mouth of White Day creek.  100 Acres surveyed 15th Nov 1797 in same county adjoining Peter Drago, on Finche's run, to include an improvement made in the year 1778.  1000 acres in same county, on the west of Cheat river, above the lands of Thos. Butler.  920 acres in same county, on Buffalo creek, on a pre-emption right of David Gray.  250 acres in Greenbrier county, on Little Deer creek, adjoining lands of Joseph McClung.  891 acres in Montgomery county, surveyed 1st August, 1787, on the waters of Piney river & Paint creek, waters of Kanawha river.  435 acres in Montgomery county, surveyed 30th June 1786, joining the lands of Joseph Eaton, Richard Mufe, and James McCrindle.  230 acres in Wythe county, surveyed 4th Nov. 1795, on the Led Mine Mill creek.  180 acres in Albemarle county, patent dated 5th July, 1787, on William Hill creek, waters of Buckland creek.  One undivided moiety of five lots, in the town of Winchester, No's. 89, 90, 100, 101, and 102. The above will be sold very low, and the terms made known on application to Wm. AUSTIN. Richmond, April 9. —Jf. 

JOSEPH GERRALD , the eloquent advocate of the rights of the people, and the celebrated member of the English society for effecting a parliamentary reform, is the author of the following just and animated eulogium upon the republican constitutions of this country. Of his unshaken love for liberty, of the unfulfilled splendor of his genius; his defence before the high judiciary of Scotland, the pamphlet from which the following passage is extracted, and the whole course of his exertions to effect a reform in parliament, will ever stand upon record as the most incontrovertible proofs. They will rise up too against the persecuting system, the unrelenting revenge of the British government, which without allowing him an impartial trial by a jury of his peers, could doom such an enlightened reformer of his abilities to a long and dangerous exile. Of the life of this illustrious patriot, we have collected but few important incidents. We only know, that he was a native of Ireland, that country from which he boasted his descent; "that country (to use his own eloquent language) for which as it has been emphatically said, God has done so much, & man so little, and which has hitherto been only a resting place for birds of passage, and a banquet for beasts of prey." We know that having profited by the instructions of the celebrated divine, Dr. Parr, he passed several years of the manhood of his life in Philadelphia; and that after thus having had an opportunity of contemplating the despotism of the British government, and of admiring the excellency of the American republics, he returned to his own country, inflamed by the striking contrast which he had witnessed, and determined to use every effort to amend the constitution of Britain. What was the glorious reward he received for these zealous and benevolent exertions, his unjust persecution and melancholy fate have already announced to the world. He was sentenced by a Scotch court of justice to an exile of 14 years on "the bleak and melancholy shores of New-Holland," and Joseph Gerrald, the eloquent advocate of the rights of the people, "the man of exalted sentiments, extensive views, and curious observations; the man whose remarks on life might have enlightened the moralist, whose eloquence might have influenced senates, and whose delicacy might have polished courts," perished with disease on board of a prison ship, on his passage across the ocean.
From a pamphlet addressed to the people of England, in 1794, entitled "A Convention, the only means of saving us from ruin."
In America, that happy land of freedom and equality of rights, the blood of man is never shed to fatten the cruelty and ambition of crowned heads. America is without courts, and therefore she is without wars. Wars are even prevented by the very structure of the government. If a dispute arises between two Commonwealths, concerning a tract of land, or a branch of commerce, a court of commissioners composed of two deputies from each state, is immediately convened to decide upon the merits of the business. With these enlightened republicans, reason, as it is the only proper, so it is the sole arbiter of differences. In the year 1784 a large tract of western territory was claimed both by the Commonwealths of Pennsylvania and Connecticut. Commissioners from each state were appointed, and met at Trenton in the Jerseys. The ground of the respective claim of each party was examined, and a decision was made in favor of Pennsylvania. The decision was peacefully acquiesced in as soon as it was pronounced. Had this dispute arisen in Europe, a hundred thousand lives would have been lost in deciding it; or had it even been settled without an appeal to the sword, millions would have been squandered in the machinery of negotiation. In America, the business was effected at a small expense, and without the effusion of a single drop of blood.
In America, that country which God and man have concurred to render the blissful habitation of abundance and of peace, the poor are not broken down by taxes to support the expensive trappings of royalty, or to pamper the luxury of an insolent nobility. No lordly peer tramples down the corn of the husbandman, no proud prelate wrings from him the tithe of his industry. They have neither chicanery in crime, nor hypocrisy in lawn. The community is not there divided into an oppressed peasantry and an overgrown aristocracy, the one of whom lives by the plunder of the state, while the others are compelled to be the objects of it. Plenty is the lot of all, superfluity of none.
An equal and undistinguishing law is the only sovereign acknowledged by a free and an united people, which, as all contribute to make, so all are inclined to support. The word subordination, a term unknown in the vocabulary of free-men, and which means only a reciprocal of slavery and tyranny, never wounds the ear of the high-minded republican. Order, real order is preserved, because no man has an interest in disturbing it. The peace of millions cannot there be broken by the bloody disposition of one man.
The maxims of the Prince of Peace are not only preached but practiced. The trumpet of war is never sounded by the bed of despotism, to kindle a spirit of murder and of rapine. Dungeons, whips, chains, racks, and gibbets are not there referred to as lessons of morality, or instruments of conviction. Crimes are not often punished with rigour, because they are prevented by instruction. Above all, a banal luxury, which engenders diseases, that not only shorten life, but poison the very source of it, is there unknown. They have no wants but such as nature gives, and which may be easily supplied by a moderate degree of labour. Life is simple, and therefore it is happy.
This is not the gaudy picture of a distempered imagination, but the real representation of things which are. Many years have I resided in the bosom of that country, and have seen and felt the blessings which I describe; and therefore, with that best pride, and conscious truth, I hold it up as an object of admiration to the world.
Friends and Fellow Citizens, the great force of the evil is here; the people of Europe in general have little connection with their respective governments, except, indeed, as they are the object of their plunder, as they have with the governments of China or Japan. Does a gazette extraordinary, which announces the taking of Coots or Valenciennes, enable you to procure one pint of beer, or a morsel of bread for your helpers and famishing children? Does the ringing of bells, the firing of cannon, or the illumination of shops, either lighten your labour, feed your hunger, or clothe your nakedness? Is there any wisdom in filling the bell blood in the country, to obtain that, from the possession of which you derive no advantage? Would not the candles which blaze before the door of the petitioned parasite of a court, be far better employed in cheering the gloomy cot of the solitary peasant? Victories which bring honour to the arms, may bring disgrace to the councils of a nation. I freely confess, that the glory acquired by his highness of York, on the plains of Ramies, has no charms for me, nor am I delighted to hear, that the German eagle, that emblem of tyranny and madness, now flies in triumph over the walls of a town, where lately waved the banners of freedom. By war, kings extend their dominions, & encroach their revenues, while the inferior animals that have hunted with the lion, are amply rewarded for all the sweat and blood, which their loyalty has cost them, by the honour of having sweated and bled by such company.
Man is not naturally hostile to man. He is made for labour, and not for war. The very structure of your bodies must convince you of this truth. You have neither the tusks of the boar, nor the fangs of the tiger. The cries of distress, by instinctive impulse, assail the heart of man; and the hand of man, by involuntary motion, is stretched out to relieve it. God made man perfect, but he has forgot any involuntary motion. Whence, then, have arisen, the ills of which we complain? Another order of men have arisen in society, who, claiming privileges, not only distinct from, but even opposite to the common interest of the people, have found, that the only means of preferring those privileges, were to keep you in the dark, and to make you at once, the dupes and victims of their projects. Hence a spirit of discord is excited among you, and
* Jackson's pathetic life of Burrage, the poet.
those hands, which were defined, by the goodness & wisdom of Providence, to chip in a fond embrace, the wife of your bosom, and the children of your loins, are now doomed to slay the weapons of war, and to be bathed in the blood of innocent man.
It is clear, that before a man can perform his duty, it is necessary that he know it. If government claims the right of punishment, it necessarily incurs the duty of instruction. But of the thousands who fall victims to the rigour of your laws, how few have government taken the pains to instruct! Nay, by wringing from the poor the scanty pittance which their hard labour earns, to support some of the bed-chamber, wardens of Cinque ports, gentlemen of the band of pensioners, have they left them aught, but the melancholy alternative of perishing in the ditch, or plundering on the road. The finances of temptation are every where set around them. Governments, like the author of evil, first make the criminal, and then punish the crime. The property of the rich is every where hedged round by the fences of the law, while the little possessions of the poor are exposed to depredation. The lordly peer may trample down, with impunity, the corn of the husbandman; but if the peasant kills a hare to give food to his family, he is sentenced to pay the sum of three pounds, which he has no means of obtaining, and if he cannot perform an impossibility, is sent, by the decree of justice, to perish in a gaol.
The moral law is engraven upon the fleshy tablets of the heart of man, by the finger of God, of which reason is the interpreter, and conscience the judge; but moral distinctions are every where confounded, or obliterated, by legal artifices. The principle, which should apportion the penalty to the crime, is wantonly violated, and the code of criminal jurisprudence, to the far greater part of mankind, exhibits only a black and bloody roll of penalty and prostration. A member of parliament, whether he be lord or commoner, may squander in riot, gambling and dissipation the property of the honest and industrious tradesman, and may proudly boast, with his carriage wheels, the man whom his extravagance has reduced to beggary. Their sacred persons no rude hand of a sheriff's officer dares to contaminate. But the ruined tradesman, should he owe the sum of ten pounds, which the villainy of his letters has disabled him from paying, is unsparingly hurried into a prison, deprived of an opportunity of exerting his calling, and is suffered to glide into the silent tomb unpitied, and forgotten.
The practice of municipal law is adapted to the principle. The practice of law, which ought to be an exact distribution of justice, is only a gentle application to the little arts of chicane. The great object of all law, is to secure us in the enjoyment of our lives & properties. How is this effected under the present system? As much money is spent in the attempt to obtain our right, as the thing contended for is worth; and he, who is not injured by the injustice of the decision, is frequently ruined by the delay of the suit. To the bulk of mankind, property is only valuable, because it affords to them the means of subsistence. But if obstructions and delays are thrown in our way of obtaining it, the great end for which property is acquired, is frustrated, and the relief, for which application is made to a court of judicature, cut off. Yet if life, that sacred boon of heaven, is the subject of decision, a few hours are deemed sufficient to determine, whether it shall peacefully possess, or ignominiously lose. Absurd and preposterous regulation! which inverts every substantial rule of justice, which produces dispatch, where there should be deliberation, and deliberation where there should be dispatch, and which makes the heritage of the field, and the very clod we tread upon, of more estimation in the eye of justice, than the sacred image of the great Father of the universe, rational and immortal man!
This horrid perversion could never have taken place, if the judgment seat had not become a shop of traffic; and if justice, which should be freely dispensed, could not be procured at all, unless it were dearly purchased.
The law, we have been pompously told, is equally open to the poor and to the rich. With equal truth it might be asserted, that there is no act of parliament to prevent you from flying. Yet if money be the sole instrument by which we are enabled either to obtain or to defend our right, he who is without wings may as well attempt to fly, as he who is without money may attempt to obtain justice. He has then no other alternative, than to sit down the patient victim of the injury which he has sustained, for should he exert that force with which nature has armed him, as the last resource of obtaining redress, the dragon fangs of the law are fastened in his vitals, and he perishes.
To the want of an adequate representation in parliament may be traced all our sufferings.
By Authority.
LAW OF THE UNITED STATES.
AN ACT, Further providing for the government of the territory of Orleans.
Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and is hereby authorized to establish, within the territory of Orleans, a government in all respects similar (except as is herein otherwise provided) to that now exercised in the Mississippi territory, and shall, in the recess of the Senate, but to be nominated at their next meeting, for their advice and consent, appoint all the officers necessary therein, in conformity with the ordinance of Congress, made on the thirteenth day of July, one thousand seven hundred and eighty-seven, and that from and after the establishment of the said government, the inhabitants of the territory of Orleans, shall be entitled to, and enjoy all the rights, privileges and advantages secured by the said ordinance, and now enjoyed by the people of the Mississippi territory.
Sec. 2. And be it further enacted, That so much of the said ordinance of Congress as relates to the organization of a general assembly, and prescribes the powers thereof, shall, from and after the fourth day of July next, be in force in the said territory of Orleans; and in order to carry the same into operation, the governor of the said territory shall cause to be elected twenty-five representatives, for which purpose he shall lay off the said territory into convenient election districts, on or before the first Monday of October next, and give due notice thereof throughout the same; and shall appoint the most convenient time and place within each of the said districts, for holding the elections; and shall nominate a proper officer or officers, to preside at, and conduct the same, and to return to him the names of the persons who may have been duly elected. All subsequent elections shall be regulated by the legislature; and the number of representatives shall be determined, and the apportionment made in the manner prescribed by the said ordinance.
Sec. 3. And be it further enacted, That the representatives to be chosen as aforesaid shall be convened by the governor, in the city of Orleans, on the first Monday in November next, and the general assembly shall meet, at least once in every year, and such meeting shall be on the first Monday in December, annually, unless they shall, by law, appoint a different day. Neither house, during the session, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two branches are sitting.
Sec. 4. And be it further enacted, That the laws in force in the said territory, at the commencement of this act, and not inconsistent with the provisions thereof, shall continue in force, until altered, modified or repealed by the legislature.
Sec. 5. And be it further enacted, That the second paragraph of the said ordinance, which regulates the descent and distribution of estates;
and also the sixth article of the same, which is annexed to, and makes part of said ordinance, are hereby declared not to extend to, but are excluded from all operation within the said territory of Orleans.
Sec. 6. And be it further enacted, That the governor, secretary and judges to be appointed by virtue of this act, shall be severally allowed the same compensation which is now allowed to the governor, secretary and judges of the territory of Orleans. And all the additional officers authorized by this act, shall respectively receive the same compensation for their services as are by law established for similar offices in the Mississippi territory, to be paid quarterly yearly out of the revenues of import and tonnage accruing within the said territory of Orleans.
Sec. 7. And be it further enacted, That whenever it shall be ascertained by an actual census or enumeration of the inhabitants of the territory of Orleans, taken by proper authority, that the number of free inhabitants included therein shall amount to sixty thousand, they shall thereupon be authorized to form for themselves a constitution and state government, and be admitted into the union, upon the footing of the original states, in all respects whatever, conformably to the provisions of the third article of the treaty concluded at Paris, on the thirtieth day of April, one thousand eight hundred and three, between the United States and the French Republic. Provided, That the constitution so to be established shall be republican, and not inconsistent with the constitution of the United States, nor inconsistent with the ordinance of the late Congress, passed the thirteenth day of July, one thousand seven hundred and eighty-seven, so far as the same is made applicable to the territorial government hereby authorized to be established. Provided however, That Congress shall be at liberty at any time prior to the admission of the inhabitants of the said territory, to the right of a separate state, to alter the boundaries thereof, as they may judge proper. Except only, That no alteration shall be made, which shall protractinate the period for the admission of the inhabitants thereof to the rights of a state government, according to the provision of this act.
Sec. 8. And be it further enacted, That so much of an act, entitled "An act erecting Louisiana into two territories, and providing for the temporary government thereof," as is repugnant with this act, shall, from and after the first Monday of November next, be repealed. And the residue of the said act shall continue in full force until repealed, any thing in the sixteenth section of the said act to the contrary notwithstanding.
NATHL. MACON, Speaker of the House of Representatives. A. BURR, Vice-President of the United States, and President of the Senate. March 22, 1805. APPROVED, TH: JEFFERSON.
BENJAMIN STETSON, INFORMS his friends and the public in general, that he has for sale, 400 gallons Holland's Linseed Oil, White Lead and Spanish Brown ground in Oil. Patent Green ground in ditto. Verdigris and Spanish Brown, dry: 8 by 10 Window Glass, & Putty: 24, 34, 44, 64, 84, 104, and 204 Nails, two Casks Spike Nails, Bar Iron, German and Billed Steel: general assortment of Iron Hollow Ware; 10 Hds. Molasses, French Brandy, West-India and New-England Rum, Tea, Coffee, Loaf and Brown Sugar, Chocolate, Mens, fine and coarse Shoes, Ladies Kid & Morocco and Leather Slippers; 8 Boxes Cotton and Wool Cards assorted; half pint and quart Tumblers, small invoice elegant cut glass, stone ware, German Ozenburghs, 30 facks Salt, Novastella Grind Stones, and many other articles in store, which he will sell cheap for cash or country produce. April 2.—(1aw12m.)
ROBERT GAMBLE & SONS, HAVE FOR SALE, AT THEIR STORE IN THIS CITY, ON THE MOST REASONABLE TERMS: LONDON particular Madeira Wine in gr. casks, Old Sherry Wine in do. Well-India Rum, Whisky and Brandy, in hds. tiers and gr. casks. Brown Sugar in hds. and barrels. Dumfries, Allum, and Copperas. Snuff in bottles, assorted in small casks. Cotton and Wool Cards, sorted in boxes. Spinning Cotton in bales, and Feathers. Oznaburghs, Hessian Rolls and Ticklenburghs. German Scythes, Cutting Knives, and Wheat Stones. Bilised Steel, Bar Iron and Nails, Pots, Dutch Ovens, and other Cast Iron & hollow ware. Patent Shot, Black Pepper, Salt, &c. &c. They continue to receive country produce on storage, and dispose thereof, as commission merchants, on moderate terms. March 23.—(e Tu. 4w.)
IN CHANCERY. At a court of quarterly session, held for Cumberland county, the 25th of February, 1805. William M. Allen, and James Cody } Plaintiffs. merchants and partners acting under the firm of Allen and Cody. Against Joseph Brady, John Brady, Martin S. } Defendants. Devenport, executor of David Devenport. port dec'd. Francis Devenport, & J. } e Dowdy.
THIS day came the plaintiffs by their attorney, and the defendants Joseph Brady, & John Brady, not having entered their appearance, and given security according to the Act of Assembly, and rules of this court, and it appearing to the satisfaction of the court, that they are not inhabitants of this state; On the motion of the complainants by their council, it is ordered that the said defendants, Joseph Brady and John Brady do appear here on the first day of April court next, to answer the complainants' 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 Court-House of this county. A Copy, Teste, SAMUEL HOESON, D. C. C. March 26.—(e tu 2m.)
VIRGINIA. At a superior court of Chancery, held in Richmond the 23rd day of March, 1805.
Between James Anderson and Philip Thurman, } Plaintiffs. merchants & partners under the firm } of James Anderson and company. } And Bernard Markham, & Francis Osborne } defendants. executor of George Markham deceased.
THE defendant, Bernard Markham, not having entered his appearance, and given security according to the Act of Assembly, and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this country, on the motion of the plaintiffs by their council, it is ordered that the said defendant do appear here on the 22nd day of the next term, and answer the bill of the plaintiffs, and that a copy of this order be forthwith inserted in some newspaper published in the city of Richmond for two months successively, and posted at the front door of the Capitol in the said city. A Copy, Teste, P. TINSLEY, c. c. March 26. (e tu 2m.)
THE subscriber intends to practise LAW in the County Courts of Mecklenburg, Halifax, Lunenburg and Brunswick; & in the District Courts of Brunswick and Prince Edward.
Any person willing to employ him in their business, may have ready communication with him at Louisa Grove, Mecklenburg, where he will reside. RICHARD APPERSON. February 19. eT8w
FOR SALE.
A LIKELY young negro fellow, a BLACK SMITH by trade, and is well acquainted with the making of plantation utensils. For terms apply to PETER RUST. Richmond County, Feb. 8.—eT2m
THE subscriber wishes to sell the HOUSE & LOT in Williamsburg, where he resided the last year—there are four acres of ground, with a comfortable dwelling, and every necessary out-house; but no enclosure, is situated in an agreeable part of the city, and possesses the advantage of having excellent water on it. For terms apply to WILLIAM MCANDLISH. Williamsburg, March 12. (3d&1aw2m)
THE CELEBRATED WARM SPRINGS IN VIRGINIA.
THE subscribers have taken a lease of ten years, of the highly celebrated MEDICINAL SPRINGS in the county of Bath, called the Warm Springs, so justly famed for their great cures and general relief in many complaints.
THEY are now preparing every necessary comfort and accommodation to suit the amusement of those who resort to it, and it is deemed necessary to make those things, already known, because complaints have heretofore been made against the entertainment which has been offered. Preparation are made for at least one hundred constant boarders, besides transient guests, for the accommodation of which, the subscribers will make all possible exertions; and they flatter themselves, that those who may place confidence in this advertisement, will not find the smallest cause for regret or complaint. ROBERT & GEORGE TURNER. March 28.—ep6w.
BANK OF VIRGINIA.
THE Shareholders are hereby notified, that the fourth installment will become due on Saturday the 6th of April, and will be received at the Bank and at the offices of Discount and Deposit at Norfolk, Petersburg and Fredericksburg. Certificates of Stock will after that day be issued on application at the Bank. March 8, 1805.—(ep1M.)
VALUABLE LANDS—FOR SALE.
I WISH to sell a HALF SHARE in the Dismal Swamp Company—so, SHARES in the Canal from Albemarle Sound, to Elizabeth river—Also, one third of three Tracts of LAND, lying on Nansemond river near Suffolk, the three tracts amounting in the whole, to about 1200 acres. Any person inclined to purchase, may be informed of the terms of sale by directing a letter to the subscriber, living near the post-office at Lindsay's store, Albemarle county. FRAS. WALKER. March 20.—(2aw6w.)
NOTICE.
THAT Mr. Anthony Dibrell of Buckingham county, is hereby fully authorized to make sale of one TRACT of LAND, in Patrick, containing 5000 acres, lying on Dan river—three ditto in Grayson county, lying on the waters of Little Reed Island creek—two of a thousand acres each, and one of 500 acres; the said Dibrell will attend at next April Grayson court for the sale of the said lands for and on behalf of NATHL ANDERSON. Albemarle county, March 19, 1805. tds.
TO RENT,
AND POSSESSION GIVEN IMMEDIATELY, A TENEMENT on Shockoe Hill, adjoining the house now occupied by Mr. John McCredie, lately possessed by the subscriber. There is on it a convenient Wooden House with two rooms, a closet and a passage, on the first floor. Two rooms and a closet above, a kitchen and three cellars below with a Smoke House and Garden. Wm. LONG. January 17th 1805. epf.
VALUABLE PROPERTY FOR SALE.
WILL BE SOLD, to the highest bidder, on the premises, on the third day of April next, at 12 o'clock, an undivided moiety in the two lots of ground, formerly the property of Andrew Ronald, dec'd. fronting the Basin of the James River Canal, near the center of the city of Richmond, with an undivided moiety of all the valuable buildings thereon, consisting of a large three story BRICK BUILDING, eighty feet in length, with four tenements, twenty feet wide and forty-five feet in length, with fire places on the first and second floors, roomy garrets in each, with large wheels fixed for hoisting and lowering packages, &c. with dispatch and ease, good dry cellars, with fire places in each. This house has been lately built and in good repair; adjoining is a well finished two story framed dwelling house, thirty eight feet square, with two good cellars, with fire places in each for cooking, in the first and second floors are eight rooms and six fire places—Also, a small two story Brick House with four rooms, with fire places in each, convenient for a store or small family, likewise a small wooden building with a cellar, built for a kitchen, and may be used as a shop; also two stables and a carriage house. The buildings except the kitchen, stable and carriage house, are insured in the Mutual Insurance Company against fire in the state of Virginia, and the premiums paid. The lots front the basin on one side, and are bounded by Cary's street, and the street leading to Shockoe warehouse, on the two commercial or other business as any in the city. The terms of sale, will be seventeen thousand dollars in ready money, the residue payable the fifth day of August next, for which residue, bond with approved security will be required. It is deemed unnecessary to state the great value of the above property, to those who reside in this city, but for the information of strangers, the subscriber begs leave to state, that the aforesaid property is immediately opposite the lower part of the basin of the James river canal, where all the produce of the upper country is landed; and to any person desirous of carrying on the commission business extensively, perhaps is superior to any other in this city. WILLIAM AUSTIN. February 8.—tf
** From circumstances not attended to when the above valuable property was advertised for sale, the subscriber has postponed the day of sale, till Wednesday the eighteenth day of May next, at which time it will certainly take place at 12 o'clock on the premises; when one fourth of the purchase money only will be required in hand, and a credit of three, six and nine months given for the balance, the purchaser to give bonds and security to carry interest from the day of sale, and a deed of trust on the property to secure the payment. WM. AUSTIN. March 12.
By virtue of a deed of trust executed by the late Richard Baugh, to secure a debt due to the late firm of Dunlop Pollock & Co. Will be sold on twelve months credit, on Tuesday the 23rd inst. before the tavern of Mr. Brook, in the town of Manchester; FIVE likely NEGROES, to wit: Frank, Adam, Joe and Joan and her child Charity. Bonds with approved security will be required, to carry interest from the date, if not punctually paid. ALLAN POLLOCK. THOMAS TREDWAY, } Trustees. April 2. epf
CHOICE LANDS—FOR SALE.
A DIVISION of the famous Saurtown Lands has been taken place between the heirs of James Park Farley, Esq. dec'd. and Col. John S. Farley and his sister Mrs. Elizabeth Morton, the subscribers, Robert Taylor of Norfolk, and Charles Duncan at Roslin, near Peterborough, are fully empowered by the said Col. Farley and Mrs. Morton, to dispose of their proportion, containing 12,832 acres, which are surveyed and laid off in eight lots, containing from 500 to 2800 acres, agreeable to plots in the possession of the said Duncan. The four larger lots are of excellent quality, each containing a considerable proportion of the richest low grounds, which produce tobacco of the very first quality, as has been experienced by one of the subscribers, who shipped it for a number of years.
Those lands lie on Dan and Smith's rivers, in Rockingham county, on the borders of North Carolina, about 170 miles from Petersburg and Richmond. As there are seldom such lands for sale, they must be an object to those who want to purchase such as will produce fine tobacco, hemp and small grain. One third of the price must be paid in ready money, one third in twelve months, and the other third in two years, the purchaser giving bond with unexceptionable security bearing interest from the date if not punctually paid. Those who wish to purchase will be shown the lands by Doctor John C. Cox, living at Leekville, near Rockingham Court-House, and the terms made known by ROBERT TAYLOR, or CHARLES DUNCAN, Petersburg, Nov. 24. epf
LAND FOR SALE.
A TRACT of about 850 acres, lying on James River, adjoining the town of Lynchburg; one hundred and forty of which is low ground, and said to be of the first quality; a considerable proportion of the high ground lies well, and well adapted to the culture of tobacco and grain. It has an excellent thad and rock fishery to it; a small apple orchard, a good dwelling house and convenient out-houses; a mill seat, supposed to be superior to any in that part of the country—the mill house would let within thirty-five poles of the river, on navigable water. Likely negroes would be received in part pay, and a generous price allowed for one or two blacksmiths that are under 36 years of age, and good workmen. For further particulars, apply to the subscriber on the premises, or Mr. William Brown, merchant, in Lynchburg. LEWELLEN JONES. March 1. (epf)
NEAL NELSON, BOOT & SHOE MANUFACTURER,
MAIN-STREET, RICHMOND, MAKES Boots & Shoes to any pattern or fashion, equal in point of MATERIALS and WORKMANSHIP to any in general use. Imported Boots and Shoes, of the first quality and newest fashion, for sale. Gentlemen who are desirous to forward me their measure, by paying attention to the annexed cut, can be fitted with Boots or Shoes as well as they were on the spot. A—the length of the foot. B—the pitch of ditto. C—the heel and instep. D—the round of the instep. G—across the ball of the foot. Fix the heel against a perpendicular, and stick a knife at the end of the great toe—set down in figures the number of inches and quarters, in the different measures. January 1. epf
CHOICE LAND—FOR SALE.
EIGHT hundred acres of Land, two hundred and fifty of which is considered valuable low grounds; five hundred and fifty acres of the tract extremely well timbered, with a quantity of excellent lime-stone situated conveniently on a navigable river; a valuable mill-seat. There is on this tract of land very valuable and convenient improvements, one two story wooden house, 42 feet by 20, perfectly new and neatly finished with painting; one other house that is almost connected with the one already described, built of brick, 30 feet by 20; a new and well built garden; the yard well inclosed by post and railing, with all other convenient out houses. The situation of this tract of land is well known to be valuable in every respect, being on the navigable river Rivanna, in the county of Albemarle, 70 miles above Richmond, 70 from Fredericksburg, 10 below Charlottesville, and 4 below Milton. One third of the price must be paid in ready money, the balance in three annual payments. Those who wish to purchase, will be shown the land by the proprietor. RANDOLPH LEWIS. April 2. (31)
FOR SALE,
By the Subscribers, at their PAINT & OIL MANUFACTORY, Water-Street, Norfolk: WHITE LEAD, Yellow Ochre, Venetian Red, Spanish Brown, Black & Lead Colour for painting roofs. Blue and Green in pots of 1, 2 & 3 lbs. each, Vermilion, Prussian Blue, Patent Yellow, Red Lead, Litharge, Sugar of Lead, White Vitriol, Ivory Black. A LOAD OF 1200 gallons Dutch Linseed Oil, Spirits of turpentine, Copal and turpentine, Varnish and Window Glass, of all sizes. Orders for any of the above articles, left with Messrs. Proffer & Moncreiffe, Richmond, will be attended to immediately, by JOHN RORKE & CO. Norfolk, March 1, 1805. (epf)
A TRACT OF LAND.
THE subscriber offers for sale, a TRACT of LAND, which is at present rented, situated in the county of Westmoreland, and bounded by the rivers Potomac and Rappahannock. This tract contains about seven hundred acres of strong low grounds, one half of which is thickly covered with very valuable pine and oak timber, and the soil well suited to the culture of corn and small grain; the situation a very healthy and handsome one, commanding an extensive view up, and a beautiful view down the Potomac. The waters to which this land is immediately attached afford in abundance and with great convenience the best oysters and wild fowl in their season; and fish in great variety and of the best kinds throughout the year. The purchaser may have the flock of cattle, sheep and hogs, together with the implements of husbandry on the plantation. One half the amount of purchase must be paid at the time of taking possession, which may be had with the close of the present year with an indispensable title; for the remainder, twelve months credit will be given on payment being satisfactorily secured. ALEXANDER PARKER. Westmoreland, March 19. (ep4w.)
NOTICE.
THE subscribers having put an end to their retail business, request the debtors to this firm to come forward, without loss of time, to have their accounts adjusted, and so pay what may be due. As great indulgence has been already given, further cannot reasonably be expected. George McCredie will attend at this place, for the purpose of settling the accounts, and receiving payments. Those who do not pay, or give satisfactory assurance of paying soon, must blame themselves if suits are instituted against them. LYLE & MCCREDIE. Manchester, Feb. 5. (ep8w.)
CASH
WILL be given for 12 or 15 BOYS, from 7 to 15 years old. Enquire of the Printers, Dec. 15. [epf]