The enquirer (Richmond, Va.), 1805-08-06 00:00:00

The Enquirer.
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE POST-OFFICE.....AT FIVE DOLLARS PER ANNUM.....(PAYABLE IN ADVANCE.)
NUMBER 26.]
RICHMOND, TUESDAY MORNING, AUGUST 6, 1805.
[VOLUME 2.]
Richmond Prices Current.
   D. C. D. C.     TOBACCO : : : : : 5 50 a 6   FLOUR : : : : : 9 50 a 10   Superfine : : : : 9 a 9   Middlings : : : : 8 a 8   WHEAT OLD : : : : 1 50 a 50   NEW : : : : : 1 75   INDIAN CORN : : : : 5 a 5   WHISKEY : : : : : 62 a 67   BACON : : : : : 15   HEMP : : : : : 180 200   BAR IRON : : : : 110  
LAND—FOR SALE,
IN the county of Lunenburg, lying within one mile of the Court-house, on Couches creek; this tract contains seven hundred and fifty acres, one hundred and fifty of which is cleared; comfortably improved for the accommodation of a family. This land is well suited to the cultivation of Tobacco, Corn and Wheat. A great bargain may be had in this land. The terms may be made known, by application to Major Grief Green, of Nottoway, who is duly authorized to dispose of it, or the subscriber living on the premises.  JOSEPH SMITH. Lunenburg, August 2—(cp 4t.)
NOTICE.
THE subscriber intending to the state of Kentucky about the 15th of this month, will undertake to transact business for any person who may choose to confide in him.
JOHN W. ROBINSON.
N. B. A letter left with Mr. John Tabb, at Messrs. John and Robert Gamble's, will meet with prompt attention. August 2—(cp 2t.)
LAND FOR SALE.
WILL be offered for sale on the premises, on the 15th day of August next, that well known place called Prides-Ville, (formerly Stoney town) containing about four hundred and forty acres with uncommonly good improvements, viz: an excellent dwelling-house, a large and commodious barn, besides an elegant two story house, intended for a mansion hall, (there being a lodge now held here) and every necessary out house, stables, lumber houses, &c. Also, a spacious Cow-House, all now in tolerable good repair. The quality of the Land is very good, particularly for wheat, and the stand as a tavern is profitable. Possession will be immediately given, so that the purchaser can avail himself of the advantage of sowing wheat. The terms are, one half of the purchase money payable at Christmas next, the other half of the purchase money payable Christmas twelve months, the purchaser giving bond with security to carry interest from the date if not punctually paid.  ALSO, for cash, ten or twelve NEGROES, consisting of men, women, boys and girls, all uncommonly likely and Virginia born.  ALSO, HOUSEHOLD AND KITCHEN FURNITURE of all kinds, viz: six or eight good beds, and furniture, a complete set of dining tables, an elegant mahogany desk and book case, chest of drawers, chairs, &c. besides a great number of articles too tedious to enumerate, a credit for the latter, for all sums above five dollars, will be given until Christmas next, the purchasers giving bond with good security to carry interest from the date if not punctually paid.  JAMES TOWNES, Jr. Analia, Prides-ville, August 2. ep 4t.
A VALUABLE FARM
FOR SALE.
THE Subscriber wishes to sell his FARM adjacent to the town of New-Castle, in the county of Hanover, containing three hundred acres: situated within one quarter of a mile of Pamunkey river, where there is good navigation for vessels of fifty tons burthen, and distant from the city of Richmond eighteen miles. This farm is remarkably compact, and nearly a perfect level; adjoins the lands of Messrs. George and Thomas Blakey, Capt. Parke Street, and Mr. Diboll Tally, and bounded next the river by the Lane leading from New-Castle to Hanover Town; is in quality not inferior to any land on said river, as any person disposed to purchase, doubtless, will be satisfied of on examining the premises. On this farm there is a very good Overseer's house, a small granary, and some negro quarters.  The subscriber, now living in the town of New-Castle, will treat with any person disposed to purchase until the 10th September next; when, if it is not sold, it will be offered for Sale at PUBLIC AUCTION , to the highest bidder, on the premises, for one third cash, one third in twelve months, and one third in six months after.  There is as much of this land now in corn, as will admit of the sowing of 120 bushels of wheat.  At the same time will be offered for sale, THE STOCK of Horses, Cattle, Hogs, Plantation Utensils, &c. ALSO, Two TENEMENTS in the town of New-Castle, one of which the subscriber now occupies, consisting of a commodious house, calculated for a Tavern, (being the best stand in the place), with necessary and convenient out-houses; annexed to this tenement is an excellent garden, a stable and stable lot, and one suitable for clover. The other Tenement, situated in the centre of the town, consists of an acre Lot, a dwelling house, kitchen and meat house, all calculated for a private family.  Will also be sold, THE Subscriber's Household and Kitchen FURNITURE—On the last mentioned property the terms will be made known on the day of sale.  WILLIAM COCHRAN. New-Castle, July 16. (12w. 2m.)
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 at a distance, who are disposed to forward their measure by paying attention to the annexed cut, can be fitted with Boots and Shoes as well as if they were on the spot.
A—the length of the Boot. B—the pitch of ditto. C—round the heel and instep. D—round the ball. E—across the ball at the toe. F—the heel against a perpendicular, and the length of the great toe—set down in figures the number of inches and quarters, in the different measures.  January 1. ep 4t.
FOR SALE.
A Very valuable shoe-maker. For terms apply to the Editor of the Enquirer.  July 2. (12w. 2m.)
JUST RECEIVED,
AND FOR SALE BY THE SUBSCRIBER, FOUR hundred pieces House Paper, Philadelphia Beer by the barrel, a small quantity of first quality New-England Cheese; also 400 barrels Corn.  EDWARD HALLAM. ALSO—5000 wt. Salt Petre's BACON;—and a constant supply of FRESH CORN MEAL. June 18—(cp) 12t
TO RENT,
THE HOUSE lately occupied by Thomas Gilliat, and immediate possession given; apply to GILLIAT & KIRBY (tf) July 2.
Pleadings of Counsel,
ON THE IMPEACHMENT OF JUDGE CHASE.
SATURDAY, FEBRUARY 23.
MR. MARTIN, in continuation.
When judge Chase arrived at Philadelphia he had the advantage of perusing the notes of judge Peters and the district attorney, relating to the former trial; he thereby became well acquainted with all the points at that time made by the counsel for Fries; and Mr. Lewis has sworn, that all the points which were intended to have been made before judge Chase, had been made at the former trial. Why then should the court either will, or be obliged to hear counsel again on the law? In two previous cases the law had been settled. Judge Paterson, a gentleman of the first abilities, mild and amiable, whom no person will charge with being of a vindictive or oppressive disposition, and who certainly has more savoury of manners than my honourable client had, after a most patient and full hearing, where eminent counsel attended, decided the law as was decided by the respondent. Judge Iredell, whose encomium has been most justly given us by the managers, a gentleman of great legal talents, than whom no worthier man has left this for a better world; and who, while living, honoured me with his friendship, after having heard Messrs. Lewis and Dallas, and after full and patient investigation, gave, in the case of Fries himself, a similar decision; in both which opinions judge Peters perfectly coincided. Under these circumstances, judge Chase, who had no doubt of the propriety of those decisions, to prevent waste of time when there was so much business to transact, and to facilitate the business, thought it best to inform the counsel on each side, that the court considered the law to be settled, and in what manner. For which purpose they delivered to the clerk three copies of their opinion, one for the counsel on each side, the third to be given to the jury, when they left the bar. On this subject, Mr. Lewis, in his testimony, said it was to be given to the jury when the counsel for the U. States had opened, or after he had closed the pleadings, but he believed the last . Mr. Rawle is clear that it was to be given to them, when the case was finished, to take out with them.  No gentleman on behalf of the impeachment has denied the correctness of this opinion. But the criminality of the judge, is, we are told, not in the opinion itself, but in the manner and the time in which it was given.
Was there any thing improper that the opinion should be reduced to writing? Why are opinions given? Surely to regulate the conduct of those to whom given; for this purpose they ought to be perfectly understood, and in no degree subject to misconception; delivering the opinion, in writing, greatly facilitates these objects; if therefore it was proper to give an opinion, it was meritorious to reduce it to writing, and judge Chase, in so doing, most certainly acted with the strictest propriety. And, unless a court of justice is bound to sit and hear counsel on points of law, where they themselves have no doubts, before they give their opinion, my honourable client could not be incorrect in delivering it at the time when it was delivered. If the opinion was proper , how, I pray, could any injury be done to Fries by its being delivered? The honourable managers say, it was intended to influence the jury. In the first place, this assertion is not supported by the evidence. When the paper was thrown on the clerk's table, not one word was said of its contents; nor did the court declare any opinion on Fries's case. They only determined the indictment correct in point of form, and not liable to be quashed. They determined that the overt acts stated were overt acts of treason, if Fries had committed them, but whether Fries had committed those acts remained for the jury to determine upon the evidence; as to that part of the case the court gave no opinion. But the honourable managers have told us that judge Chase must have known what were the facts in the case, because they had been disclosed in the former trial. And I pray you, sir, if he had that knowledge, could it alter the law in the case , or render the declaration of what the law was, more improper ? But, as a new trial was granted, the judge could not know what additional evidence might be brought forward to vary the case from its former appearance.
Nor did, sir, the judge's conduct, either improperly influence, nor was it intended to influence, the jury. No copy of the opinion would have been taken but for the conduct of Mr. Lewis, and no testimony has been offered to show the least probability, that one single juror ever saw the copy, or knew one word of its contents. Nay, sir, it is proved, that judge Chase took uncommon pains to prevent any of the jurors from being prejudiced against Fries; for, although a great number of criminals indicted for sedition, submitted to the court before Fries was put upon his trial, the judge would not permit one single juror , who was summoned against Fries, to be examined on the submissions, lest the jury , by an examination, might take up prejudices against him. This, Mr. President, was an act of the judge that carries with it the most convincing proof, that he had no wish to oppress Fries , or to prevent him from having an impartial trial; and I pray that this circumstance may be deeply impressed on the mind of every member of this honourable court.
But if the opinion had been publicly read & known, how could it have injured Fries? He was to have an impartial trial. What is the meaning of these expressions? It is a trial according to law and fact, in which, if he is proved innocent, he shall be acquitted; if guilty, convicted. If then the opinion was agreeable to law, it could not prevent, it could not inter-
fere with his having an impartial trial. If in any case a person is acquitted, when the facts are clearly proved, and the law is against him, it must be because he has had a partial not an impartial trial .
I again ask, sir, ought the court, who were perfectly satisfied with respect to the law, and who considered it settled by previous decisions, in which they perfectly concurred, to have waited perhaps several days of the public time before they gave their opinion, in listening to Messrs. Lewis and Dallas, exerting all the powers of eloquence and of sophistry to mislead their judgment? Nor did even judge Chase give his opinion without the full consideration of the arguments of each of these gentlemen , in the very case of Fries. On his arrival, it is admitted by the managers, that he became perfectly acquainted with the proceedings in the former trial, as to the legal questions which had occurred, from the notes of judge Peters and of the district attorney; and this honourable court have had an opportunity of witnessing with what precision that gentleman takes down the substance of proceedings on a trial. Judge Chase had an opportunity of examining and considering the arguments used by Messrs. Lewis and Dallas, at the former trial, on the different legal questions then brought forward, authorities produced, and the applicability of those authorities. He there saw every thing that the great legal knowledge and high talents of those gentlemen, indulged to the utmost extent, & heard with the greatest patience, had produced in favour of Fries. And he had the opportunity of calmly and deliberately considering the whole of these arguments and authorities in his chamber. And having done this, where would be the propriety of spending day after day in listening to the same arguments orally repeated in court, which he had read in his closet, the merit of which he had there coolly discussed, and deliberately decided?
But the managers say that this ought to have been done. That, though the court had no doubt of the law; and, although it is not contended but that the opinion given is correct, yet it was the duty of the court to have patiently listened to the counsel, and suffered them to exert all their eloquence, their ingenuity and sophistry, to pervert their judgment, & lead them into error, to prevail over their understanding, and obtain from them an erroneous opinion. And yet in the same breath, we are told by one of the honourable managers, (Mr. Campbell) that if a judge gives an erroneous opinion, the presumption is, that he doth it from corrupt or criminal motives; and that on impeachment, it is necessary that he should prove the upright and integrity of his intentions.
Thus, then, they insist, that if a judge, intelligent, sensible, well acquainted with the law, doth not indulge counsel in their attempt to lead him into error, he is to be impeached for it. And, if the judge should listen to counsel against his well formed opinion, and by their ingenuity be led to give up his better judgment, and pronounce an erroneous opinion, he is to be impeached for that also!
Nay, it is expressly said, that the more completely the law is considered to be settled, the more absolutely necessary it is that the criminal's counsel should be permitted to argue the law to the court, and to contend against the law to be settled. Thus, then, I suppose, if a person is tried for an assault and battery, the prisoner's counsel must be indulged by the court, and that under pain of impeachment, in spending as much time as they please, in endeavouring to convince the court, that to come up behind an innocent, inoffensive man, and fracture his skull with a bludgeon, doth not amount to an assault and battery; or, if a person is tried for a burglary, his counsel must also, under the same penalty, be indulged in the endeavour to convince the court, that to break into a dwelling house in the night time, and steal therefrom is not the offence of burglary.
But the honourable managers do not stop even here. They say, that even had judge Chase indulged the counsel of Fries with all the length of time they might think proper, in an endeavour to pervert the judgment of the court, and their endeavour had proved unsuccessful, the court was further under pain of impeachment, after they had correctly declared the law to the jury, to suffer the counsel to take up as much more time as they pleased, in endeavouring to mislead the jury, by impudently and insolently, in the face of the court, attempting to impress them with the idea that the court, though acting under a solemn oath, and having no interest to mislead them, had given an erroneous opinion; and, to induce them to receive the law from the counsel themselves, acting under similar obligations, but whose fame and whose fortunes might be materially benefited by deceiving the jury,—from counsel whose every interest might be to pervert justice.
All which indulgence, the court, it seems, is also equally bound to give to the counsel in endeavouring to mislead the jury, and pervert justice, in the cases I have before mentioned of assault and battery, or burglary, or in reality, of any other offence, however inconceivable the principles of law in such cases may be. Such are the constitutional rights, which criminals & their counsel, we are told, possess; the constitutional right, if possible, to impose upon the court; and, if they fail there, the constitutional right to impose upon the jury; in other words, the constitutional right to pervert justice!
Nay, we are told the more manifest the guilt, the more indisputably criminal the offence is, the more necessary that he should enjoy these constitutional rights; and so it would be, if the constitution intended, as seems to be the idea of the managers, that guilt should go unpunished; since such offenders can have no chance to escape, unless justice be perverted, through the ingenuity of counsel operating upon the ignorance, the passions or the prejudices of judges, or jurors.
The managers have, consistent with the above idea, which they seem to have adopted, exclaimed, "what good could counsel do to Fries, after the court had decided the law? As to the circumstances, to assign counsel to him, was mockery, was insult."
In reply, I will admit, that Fries's case was such, that counsel could not render him much service, but this was not the fault of the court, it was the fault of the case itself, it was because the law was clearly against him, and because the evidence indisputably proved, that he had committed acts, which brought him within the law.
In such cases, what is the duty of the counsel, whether assisted by the court, or employed by the prisoner? It is to advise the prisoner to plead
guilty, and throw himself upon the mercy of his country, instead of taking up the time of the court, and creating expense by a jury trial; but such advice, however agreeable to the constitution of our country, would not, I admit, agree very well with the constitution of a lawyer, as thereby he might occasionally lose large fees extorted from a criminal, fed on the vain hope that the eloquence and chicane of his lawyer might procure his acquittal contrary to law, & contrary to evidence.
But counsel may be of service to a criminal however guilty he may be, and has duties which he may correctly perform; the counsel may with propriety as all themselves of any defect in the indictment or other proceedings; they may take care that the panel of jurors are legally and impartially returned; they may direct the prisoner as to his challenges to jurors; they may take care that no incompetent witnesses are sworn, and that no improper testimony is given; they may in any questions of law, not considered settled, be heard, and have the questions decided; in fine, they may take care that the prisoner has a fair trial ; but when all this has been done, if agreeably to law, and clear undoubted evidence, the prisoner is guilty, it is the duty of the counsel to submit his client's case to the honest decision of the jury, without any attempt to mislead them; and this, whether the counsel are appointed by the court or employed by the criminal. Thus lawyers in Maryland are in the habit of conducting themselves in such cases, and thus ought lawyers, who respect themselves, and have a regard for their own characters, to conduct themselves in all places.
I have heard so much, Mr. President, in this case, about the constitutional rights of criminals to have counsel; and that the counsel should argue to the jury upon the true construction of the law, against the direction of the court; and, that the jury have the right to decide the law without regard to such direction; and finding also, that this article of impeachment, as well as the arguments in support of it, appear to be grounded on these principles, that I have been almost induced to suppose I had misread the eighth amended article of the constitution, but on turning to it, I find that the constitution secures to the criminal the assistance of counsel, to see that his trial is fairly and correctly conducted, but has not given to the person charged with an offence, or to his counsel, if he is guilty, any constitutional rights, for the purpose of his evading punishment by the imposition of counsel, either on the court or the jury.
Whatever may have been the practice, I have ever considered it contrary to the duty of counsel, either in civil or in criminal cases, to exert their abilities in attempting to procure a decision, which they are conscious is unjust. The duty of a lawyer is most certainly, in every case, to exert himself in procuring justice to be done to his client, but not to support him in injustice.
Having made these observations on the relative duties of the court and counsel, let me advert a moment to the conduct of Mr. Lewis, as appears from his own testimony. When my honourable client delivered at the Clerk's table, the copy of the opinion designed for the defendant's counsel, having taken it in his hand—without opening it—without reading one word—Mr. Lewis contemptuously threw it from him, publicly declaring that "he would never contaminate his hand by receiving into it a prejudicated opinion in any cause where he was concerned, from any judge whatever." What insolence! Would to God no lawyer may ever contaminate his hand in a more disgraceful manner, than by receiving therein a prejudicated opinion , in a cause about to be tried, at whatever time it may be delivered to him!
He also informs us, that he declared to the court, that he never had, nor ever would so far degrade himself as a lawyer, as to argue a question of law, in a criminal case, before the court. What arrogance! Sir, the most eminent, and most respectable lawyers both in England and America, have been in the constant habit, not only of arguing questions of law in criminal cases before the court, but in modestly submitting to their decisions, without ever considering it as lessening their consequence. I have long been at a loss, sir, for the enmity the state of Pennsylvania has shown for its bar, and the desire of its citizens to get rid of their lawyers; but if such is the manner, in which the lawyers conduct themselves to their courts—if they, when they are employed in a cause, claim the constitutional right, uncontrolled by the court instead of furthering justice, to pervert it; wonder no longer why the citizens of that state wish to be freed from them; and will readily join in the sentiment, "the sooner the better." I will go further, and say, if their courts submit to such conduct, and think themselves bound to be the passive witnesses of such perversion of justice, it is not much matter how soon they all get rid of their courts, for they might as well be without them.
The principles which have been advocated in support of this article, are subversive of the whole order of things; instead of lawyers being the officers of the court, subject to their control, and amenable for the propriety of their conduct; the judges must be the menial, degraded instruments of the lawyers, and must suit their conduct, not to propriety and justice, but to the pleasure of any haughty overbearing lawyer, under the hazard of being impeached and turned out of office, if his principles should, on any occasion render him resolute, or in the language of the testimony, if he should "take the stand."
And here, Mr. President, I hope I shall be indulged with some enquiry as to this "prejudicated opinion;" which Mr. Lewis seems to think has such a contaminating, polluting tendency to the hand of a lawyer, and of which he was so apprehensive, that he would not retain it for a moment. I confess, I feel myself here at a loss to know exactly what the witness meant by a " prejudicated opinion " on the law. I should suppose that the expression, if it can in any instance be correctly applied, must mean the same as to prejudice the law; which, if used to signify any thing improper, must be confined to the case where a person forms an erroneous opinion of the law, without using all due means to acquire correct information.
To prejudice any case, I consider as meaning, that a person without competent knowledge of facts, has formed an opinion injurious to the merits of the case. If the term prejudication is used in this sense, there is no pretence that my honourable client gave a prejudicated opinion in the case of Fries; for it is not alleged that the
opinion given was not strictly legal and correct. Neither Mr. Lewis nor Mr. Dallas have ever attempted to hazard their characters by suggesting the contrary, nor have the honourable managers taken that ground; they do not contest its propriety. Should they in their reply, I shall cheerfully refer that question upon the well known legal abilities of Judge Iredell, Paterson, my honourable client, the associate judges, who concurred with them, and the legal knowledge of this honourable court.
But if by a prejudicated opinion , is meant, that the judge, from his great legal knowledge, and familiar acquaintance with the law, as relative to the doctrine of treason, particularly levying war against the United States, had formed a clear decided opinion that the facts stated in the indictment against Fries, if proved, as has amounted to treason, I will readily allow that I have no doubt my hon. client had a prejudicated law, not only before Fries was brought to trial, but before he had committed the treason for which he was tried. But if this manner of prejudicial law is thought improper, may criminal in a judge, a prejudication , which is nothing more than an enlightened & correct knowledge of the law, why I pray are gentlemen of great talents, and high legal attainments, sought for in your appointments of judges? How, sir, are they to free themselves from this obnoxious prejudice of the law, and acquire the contended facts for the trial of a cause, but by forgetting all that legal knowledge, which had been a principal inducement to their appointment? If I understand the gentlemen, to gratify their ideas, we ought to have judges, who, when they take their seats on the bench to decide the trial of a criminal, should not have one legal idea relative to the offence about to be tried, but should have their minds exactly in that state, in which some ingenious metaphysicians tell us, the human soul is when first admitted to the body, like a pure unsullied sheet of white paper, ready to receive any impressions which may be made upon it.
Well, be it so, and let us consider the trial of Fries as if it had been conducted on that principle. The judges, with their minds like this white sheet of paper, were to sit still, and suffer the counsel to scrawl thereon whatever characters they pleased—to blot and blot it, until they were perfectly satisfied. After this ceremony, the judges, examining the impure ones thus made upon the antecedent clean sheet, were from that, and only , to form their opinion of the law. And this opinion, having been thus formed from nothing but what occurred during the trial , and after the jury were sworn, would not be called a prejudicated opinion , and therefore I presume would be perfectly satisfactory to the hon. managers. So we should have done very well as it related to the trial of Fries. But next day another criminal is to be tried for a similar offence ; Messrs. Lewis and Messrs. Lewis and Dallas are not his defenders. Getman has selected Mr. Tilghman for his counsel. How, I pray you, are the judges to be qualified to preside with propriety in this trial? Yesterday they gave a solemn determination in Fries's case upon the same question of law which now must come forward in the case of Getman. Mr. Tilghman was not then heard. The opinion, then given, in as to Mr. Tilghman and his client, as much a prejudicated opinion , an opinion as contaminating to the hand of a lawyer to receive, and as highly criminal for a court to give, as was the opinion given by my hon. client. What can be done? The minds of the judges are no longer a pure unsullied sheet of paper . Yesterday in the trial of Fries, they had been scrawled upon and filled by Messrs. Lewis and Dallas; the impressions still remain. I, first can think of no remedy in this difficulty, except that the judges should be supplied with a reasonable quantity of India rubber or something which shall wipe off and erase every impression which had been made the day before by Lewis and Dallas, during the trial of Fries. And thus once more take their seats on the bench for the trial of Getman, with minds again like clean sheets of white paper, ready to be again scrawled over, again to be blot and blotted, and blurred, at the pleasure of Mr. Tilghman, and from these scrawls, blots and blurs, and from these alone, to take their impressions as to the law, and form their decision as to Getman's case, without regarding, or even remembering the decision they had given the day before. And in this manner to proceed in every case that might come before them successively in their judicial capacity!  (To be continued.)
European Intelligence.
CONTINUATION OF NEWS BY THE LOGAN.
LONDON, June 3.
It is said that government think it proper to adopt additional precautions against the menaces of invasion from the courts of France, Flanders and Holland; that an additional naval force is to be stationed at Deal, consisting of 14 sail of the line.
Considerable bustle is excited by the late movements in the harbor of Boulogne. The enemy have made some demonstrations, as tho' Part of the Florida was meant to be sent out, and great activity is observed among the troops on shore. This has called for additional vigilance in our cruisers, and the force on this station is to be immediately and considerably augmented. The Dutch ports are also watched with additional attention. These precautions are very commendable; it is certainly not to be concluded, from the character of the enemy we have to contend with, that his activity at home is likely to be suspended, because he is more than usually enterprising abroad.
A disorder nearly resembling the plague of Turkey in its symptoms and mortality, lately broke out at Odessa, the capital of Scinde, and is stated to have carried off seventy thousand persons in the course of a few days. The principal inhabitants fled from the city on the first alarm, and the troops at length refused to perform the duties of the garrison, and marched into the country, whither it is feared they may have carried the distemper. At the date however, of the last accounts from Bombay, it was understood that the fever confined its ravages to Odessa, and its immediate vicinity.
Twelve thousand Turks had, on the 2nd April, been sent from Constantinople for Egypt; an increased activity prevailed in the Ottoman, in consequence of the grand Vizier having been deposed, and the captain Pacha appointed his successor. It is further stated that a considerable Russian force was daily expected at Constantinople on its passage to the Adriatic.  The arrival of the convoy under command of Sir James Craig, at Lisbon, was met by the project of a very strong note by the French ambassador to the Portuguese government.

Admiral Ruffel has returned to Yarmouth, with the squadron under his command. It is not to be supposed therefore that the Dutch fleet is in that state of preparation for sea which an American vessel lately reported, for then it is not probable Ruffel, unless compelled by weather, would have come into port. It is said to be the intention of Government to disband all Volunteer corps that do not muster according to the orders they have made, and in such districts to put in force the act for a levy-en-masse. Lord Melville's impeachment is to be resisted by the whole weight of Government: the most pressing letters of recall are gone over to the Members who had returned to Ireland. The author and publisher of a pamphlet against Earl St. Vincent, have been convicted of writing and vending a libel against that distinguished Admiral.
LONDON, June 5.
A paper of yesterday ( The Times ) contains the following article:—
"The case of Mr. Osborne Markham, or rather of the Navy and Admiralty boards, with regard to that gentleman, engrosses the attention of the political circles. Mr. Markham, (or was a very few days ago) one of the commissioners of the Navy Board. When this fear was offered him, he left the bar, and resigned the Chairmanship of the See of York, and a Commissionership of Bankrupts. Disapproving some of the transactions of the Navy Board, he expressed himself with freedom and dignity at that table, which produced a complaint to Lord Melville, the first Lord of the Admiralty, to whom his colleagues represented, as a great grievance, that he had absolutely presumed to take notes or memorandums of the proceedings of the Board. Lord Melville, upon inspection of these notes, was pleased to express his approbation of them, but at the same time to disapprove with Mr. Markham's attendance at the Board for a term. Upon Lord Barham's coming into office, a design has been nearly perfected for forcing Mr. Markham to exchange his seat at the Navy Board, which is a patent place for life, and of a considerable dignity, for a situation on the Transport Board (an inferior and dependent board, and which has only a temporary existence.) Mr. Markham has repeatedly, in conferences, and by letters to his majesty's ministers, decidedly refused to accept this offer; notwithstanding which Lord Barham has proceeded in obtaining his majesty's consent: the new patents have been made out. Mr. Markham remaining firm, the Admiralty Board have not ventured to seal the patent. Mr. Markham remains suspended, and the matter will be bro't before Parliament. Mr. Markham is son of the Archbishop of York, and brother to Admiral Markham, Lady Mansfield, &c. &c."
The British have 112 ships of the line in commission, 20 fifties, 134 frigates, and 426 sloops. There appears to have been much dissatisfaction expressed by the French Ambassador at Lisbon, on account of the entry into that port of the expedition, under the command of General Craig. We have been favoured with a letter on this subject, of which the following is an extract:—
"OPORTO, May 12."
"The French Ambassador has made some very strong remonstrances to this Government on the subject of the entry into Lisbon of the English expedition. He, however, had previously demanded, (and his demand was granted) a similar privilege for the combined fleets, should circumstances have made such a step convenient or necessary. We hope this remonstrance is nothing more than a diplomatic form; but we know that Aranjuez is daily harassed and teased by the English and French ministers. "An express arrived last week to Junot from Bonaparte at Turin. Lafses is appointed Commander in Chief in Italy."
HIS MAJESTY'S BIRTH-DAY.
Yesterday his majesty completed the sixty-seventh year of his age. It is always with a peculiar and grateful satisfaction that we commemorate the splendours of this anniversary. They are not outward and visible signs only, but the real heart-felt tribute of affection from the most distinguished part of his majesty's subjects, who, upon this occasion, truly represent and express the feelings of the whole. At 1 o'clock as many cannons as his majesty is years of age, were discharged in St. James's Park.
EMBASSY TO ALGIERS.
Having been favoured with the following account of the late Embassy, which terminated in the re-establishment of a good understanding between the Dey and Regency of Algiers, written by a gentleman on board his majesty's ship Superior, we hasten to lay it before our readers. On the 28th of December last, having received on board a Mr. Cartwright, lately from England, we parted from our squadron, then off Cape San Sebastian, and at day-break on the 3d of January arrived off Algiers. The Rev. Dr. Scott, chaplain of the Victory, and the Rev. Mr. Evans, of the Superior, (both conversant in the Italian language,) went ashore with Lieutenant Butler early in the forenoon, and were soon conducted into the presence of the Dey. After the usual salutation of shaking hands, (a privilege allowed to none but British subjects,) Dr. Scott proceeded to read to him Lord Nelson's letter, which was in Italian: it was further explained, either in the Turkish or in the Morisco language, by Mr. Burchell, a very opulent merchant, chief of the Jewish inhabitants, and possessed of great influence at Algiers. His highness the Dey expressed his satisfaction, in the strongest terms at our having brought with us a Consul; but on hearing that part of the letter which stated the conditions on which alone he could ever be landed, he not only vehemently protested that he would never comply with them, but even advanced in opposition a claim on his part, which, as far as I can learn, was never insisted on when we were there in January and June last year. Mr. Evans, on this, returned on board, in order to communicate to Capt. Keats, the result of the audience, and on the following morning we went ashore again, with further instructions, but all tending invariably, (if we may judge from the final issue of the embassy) to the unconditional attainment of the demands already delivered in. Dr. Scott, in the mean time, had been actively and usefully engaged in impressing on the minds of the ministers, that nothing else than an absolute compliance with the ultimatum proposed, could insure a continuance of that amity which had so long prevailed between his Britannic majesty & the kingdom of Algiers. On the 5th Captain Keats landed and had an audience of the Dey, I am inclined to believe it was a tempestuous one, but that it finally had a good effect. On the morrow he returned to the charge; and, after a long and violent consultation in full Divan, it was at length determined that his demands ought to be complied with. That night he was under the necessity of remaining on shore. Here I must observe, that Mr. Mountford, Secretary to Colonel Lear, the American Consul, then at Malta, respecting their affairs with Tripoli, had, on the 2d, made an officer of his house and table as long as the Superb should remain off Algiers; his friendly and hospitable invitation was gladly and thankfully received, it appearing by no means practicable or advisable to open the English route. Our terms having now been fully acknowledged to be equitable and honourable, and a perfect compliance with them having been promised, no further cause or complaint seemed to exist; but a serious and unexpected obstacle intervened at the very moment that the principal and primary object of the embassy was about to be attained by us. The consequence was, that Capt. Keats, after a spirited remonstrance, instantly returned on board.—
Nearly at that time, having by means of signals made by one of our boats ashore, received favourable intelligence, and the wind also favouring us, we came to an anchor, and were saluted with twenty-one guns, which compliment we immediately returned. On the morning of the 5th January all impediments were removed, and the indispensable demands first proposed being now unconditionally acceded to, and carried into effect, Mr. Cartwright landed about noon, and was received with the usual marks of distinction, but with unusual joy, for the inhabitants, Turks, Moors, and Jews, dread above all things a war with England. He was presented by Capt. Keats to the Dey, who received him in a very gracious and friendly manner. The English Consul House was then thrown open, and thus was Mr. Cartwright most honorably established at Algiers.
On the 11th, having taken in a plentiful supply of fresh provisions, vegetables, &c. Capt. Keats had his audience of leave, and, in the evening, we left the Bay. The wind proving favourable, we joined our brave commander in chief and the squadron at their anchorage in Madalena Bay, Sardinia, early on the 13th of January.
I cannot conclude without expressing my full conviction, that this happy termination of our differences with Algiers is to be attributed to the zeal, judgement and intrepidity of Captain Keats, the whole tenor of whose conduct was such as to extort professions of respect and esteem even from the Ministers he treated with, complying with his demands. Calling to mind the very tenacious and irritable disposition of the Dey, biased by pecuniary considerations, inflamed also by the fly infatuations and artful intrigues of a designing faction, at the head of which is the representative of Bonaparte, powerful at the time, but whose strength is now no more, if you consider these facts, and the many other obstacles we had to contend against, you will admit that we have accomplished a task Herculean.
The Superb, you will remember, is the ship that, in the awful and memorable night of the 12th of July, 1801, (having been sent a head by the Admiral, the gallant Sir James Saumarez,) singly opened her fire on the rear of the combined enemy, and caused the destruction of the Real Carlos and San Hermenegildo, of 112 guns each; after which she chased, fought, and captured Le St. Antonio, of equal force with herself. There we had an opportunity of maintaining the honour of the British flag, and we have now been the means of holding it again at Algiers with increased respect and dignity. After an absence of nearly four years, we now naturally look with anxious hopes to that happy period which will recal us to the bosom of our friends and relatives, to our dear fire sides, in the favoured abode of happiness and liberty.
NEW-YORK, July 30.
At a late hour last evening we were favored by a commercial friend with London Papers by the Packet to the 10th ult. inclusive, four days later than any previous advices. They contain, with the exception of the following articles, no intelligence in the smallest degree interesting to our readers. Mer. Adv.
LONDON, June 7.
The squadron of 15 sail of the line, stationed in the narrows of the Channel, or in the North Sea, The squadron of Admiral Ruffel, which lately blockaded the Texel, is ordered round to make a part of this armament. From this circumstance we may infer that the rumours respecting the Dutch force in the Texel are not accredited. At all events the force in the Downs will be in readiness to act from this central point, on any emergency. The Boulogne flotilla begin to send forth its summer swarms, but they never venture from under their batteries.
June 8.
Letters from Cottenburgh say that Russia has taken off all negotiation with France, and that the troops of the former power will soon take an advanced position in Pomerania. We know from authority that the Prussian Minister has left Stockholm.
Letters of the 29th ult. from Amsterdam say that accounts have been received there which state that the Spanish squadron that failed from Cartagena on the 27th of April, under the command of Admiral Salgado, returned on the 28th, having met with the fleet of Lord Nelson; and that some of the Spanish ships, in their haste to get into the harbour again, were damaged.
June 10.
To morrow's debate in the Commons on Mr. Whitebread's motion for the impeachment of Lord Melville, will call forth all the great energies of that assembly. No public question perhaps ever excited a livelier interest in the public mind than that which now presses for final discussion. Government, in resisting the motion, must materially depend upon the collateral aid, or opposition, which may be derived from the partizans of Lord Sidmouth and Mr. Wilberforce. Respecting the former, two counter-reports prevailed yesterday: the one, "that his lordship meant to support Mr. Pitt, on the ground that the punishment of Lord Melville had already been proportioned to his offence," the other "that he and the minister had separated on ill terms last Saturday, because Mr. Pitt would not concede to his lordship's opinion on the political as well as moral necessity of an impeachment." Which of these be the fact, we do not pretend to know; but the motion of to-morrow night will decide it. As to Mr. Wilberforce, and his corps of seceders, they make no previous declaration of their political faith when there is any hope or chance of "a new light to lighten the Gentiles." Bank Stock 178 1-8, Omnium 3 1-2.
COWES, June 5.
Arrived, the American brig Thetis , Ducken-dorff, from Charleston.
FALMOUTH, June 5.
Arrived, the American ship Commerce ; she brings an account of the loss of the Elizabeth , of Liverpool for New-York, on the Banks of Newfoundland; 13 of her crew were saved.
West Indies.
FROM THE CHARLESTON COURIER, COMMUNICATION.
A Circular Letter dated Santo Domingo, 9th Floreal (April 28), addressed by Gen. PERRON to the Captains General, Governors, and Commandants in the French, Spanish, and Dutch Colonies, the Minister Plenipotentiary, &c. &c. has just been received in this city. The object of the letter appears to be to dissipate the doubts
and fears of the ci-devant colonists, and refute the aspersions cast upon the army and government by the weak and the wicked, who were more active in traducing the few brave soldiers (who had the courage and confidence to remain at the post of danger) because they considered their cause as lost and the government as careless of the fate of St. Domingo. The circular contains a long extract from a letter of the French Minister Decree to Gen. Ferrand , received by Admiral Mirallies : it fully develops the paternal care of the Emperor for the colonists, his intention to preserve the island, and his entire approbation of the judicious conduct of Gen. Ferrand and the soldiers under his command, while complaint is made in the following terms of those who have failed in fidelity and zeal:
"I had flattered myself," says the minister, "that the rest of the army of St. Domingo, in the island of Cuba, would have gone to Santo Domingo; and I have learned, with regret, that but the smallest part have returned to the post of honour and danger. This conduct, justly reprehensible in the generals and officers, who, notwithstanding your call, have abandoned the defence of the half of the colony confided to them, marks, in a more honourable manner, the devotedness of the troops and the general, who have not despaired to preserve it to the French Empire; and his Majesty justly appreciates this new proof of their courage and their zeal."
Subjoined to the letter of the Minister is a P. S. in his own hand-writing; he says—"The firmness of your conduct, General, towards enemies exterior and interior, and by these I mean the knaves you are sending away or shall send away, and I invite you to use the greatest latitude in this respect: the honour that you have acquired by your department in the half of the island gives you such particular claims to the favour of the Emperor, as are agreeable to me to present to him."
"As to the assistance you ask, it is not suitable to enter into details here: but do not despair, for you are a particular object of the solicitudes of the government; and, meantime, witnesses to the troops under your command the satisfaction of the Emperor, in which you have an important part."
Extract from the Circular.
"The events that have just taken place at Santo Domingo, where Desfalin, with all his forces, has failed in his designs, are sufficient to encourage those persons who, desiring to come to Santo Domingo, were prevented only by the fear of a new evacuation. The protection given to commerce ought to draw merchants thither; the advantages that culture offers, the cutting of wood, &c. are attractive for the late inhabitants; and I am assured, as to the course of proceeding, that you would do well to second me. In re-peopling the colony, an end will be put to the misery in which many families languish, who have emigrated from St. Domingo, and are scattered in the neighbouring colonies. They may count, by applying to me, upon the same protection that I promised them in my address of the 26th Ventose (16th March) year 12 G."
AN AUTHOR'S EVENINGS.
Domestic Intelligence.
From the New-York American Citizen.
TRIPOLITAN CAPTIVITY.
A letter from Jonathan Cowdery, esq. Surgeon of the late frigate Philadelphia , now a captive in Tripoli to Doctor Mitchell, dated 24th November 1804.
"DEAR SIR,"
"I hope you will excuse me for the liberty I take in suggesting to you a few remarks which have occurred since my captivity. The Balthaw has taken me from the prison where my fellow officers are confined and ordered me to attend his sick slaves who are principally Neapolitans, negroes, and our unfortunate crew. Some of the latter I saw this morning chained to a cart loaded with stones which they were dragging through the town to repair the fortifications. They complain much of Hunger, cold, hard labour, and the lash of the whip. I confess I never saw any thing that wounded my feelings equal to the sight of those poor fellows. I have liberty to walk in the town, but am attended by a Turk who is loaded with weapons of war. I am not allowed to visit any of the fortifications nor any of the foreign consuls. Captain Bainbridge's endeavours to relieve the wants of his crew are often countermanded by our new masters. Five of our countrymen have turned Turks, and five have paid their last debt to nature. Diarrhoea and Dysentery have often appeared among our crew, but on a free use of Carbonate of Soda (Natron) which is found in abundance in this country, and often whitewashing the walls of the prison with lime where they sleep, it soon disappears. Our crew are now very healthy."
During the several attacks upon this town by our squadron under the command of commodore Preble, many Turks were killed and wounded, and several men much burnt by the explosions of their own powder. I had an opportunity of seeing their method of curing burns in particular, many of which extended over the whole body. The Balthaw has all of his wounded brought to an apartment in the castle where he visits them and makes them a present of ten dollars each. He then orders his surgeons and Mamalukes to dress their wounds; he often assists with his own hands. The Mamalukes are his body guards; the Marabouts are employed to expel evil spirits and make intercession with Mahomet their prophet, for their recovery. Those that were burnt, were first anointed with honey, carefully preserving the skin as much as possible and keeping the parts exposed to the air. They then sprinkled the ulcerated parts, if any, with a fine powder of white lead, (Ceruse) this is repeated at short intervals until a scab is formed, that is carefully preserved until a cure is accomplished, which is remarkably soon."
"I hope and expect that in due time my country will honorably and to the astonishment of Bar barians and Tyrants liberate us from the chains of slavery, and restore us to our native land, that happy land the thought of which is a healing balm to our souls in their miserable bondage."
Letters have lately been received from our captive countrymen in Tripoli; from which we make the following extracts:
By an arrival from Malta we have received, the pleasing intelligence of the arrival of Commodore Preble, with a strong reinforcement, which I trust will accomplish our liberation. We also learn that the undaunted PREBLE, has been superadded, owing to the want of a sufficient number of junior captains. The attacks on the enemy last summer, were numerous and successful, but I am sorry to find our loss considerable in an infant navy; seven or eight young heroes, who bid fair to be an ornament to their profession, and an honour to their country, have been snatched off, while nobly supporting the dignity of their nation. Among those unfortunate
young men, I am sorry to find several of my intimate acquaintance. The only consolation left their afflicted friends, will be the encomiums bestowed on their memory by a grateful country. I am exceedingly gratified to hear of the rapid promotion of Captain Decatur, whom I find is made a Post-Captain, appointed to a fine frigate, in consequence of his meritorious conduct in destroying with fire, the late frigate Philadelphia . It is now more than a year since I heard from you. In the event of our ransom, it is very improbable whether I shall immediately return home, as Capt. Bainbridge will have an investigation of his conduct at Malta, and I have no doubt he will be honorably acquitted, and placed in a fine ship."
By an arrival at New-York from Leghorn, letters are received in town from our unfortunate prisoner at Tripoli, dated in November last. A letter from one of the officers, in allusion to the fact that they had had the full fever of that climate, but had recovered from it.
A tedious and lingering confinement in a close and loathsome prison, with poor and scanty fare, and deprived of their accustomed conveniences, in the hands too of such an enemy, must prey upon the health and wear down the spirits of the most brave but unfortunate men. In spite of the efforts of some of them to soothe the anxiety of their relatives and friends by affected gaiety and favorable accounts of their situation, the marks of despondence will break forth.—Our days," say they, "drag heavily on, we are still closely confined, not having enjoyed a flight of the Heavens (but once) excepting through a small grated hole in the Terrace once a day. We are secluded in a loathsome prison surrounded by vermin, without the enjoyment of pure air, and debarred from holding converse with any person outside the walls of our prison—the policy of concealing the operations of the fleet from the enemy cuts off the intercourse with our countrymen and keep us in ignorance and constant suspense; the letters from our friends in America are intercepted, opened, and sometimes never reach us—after spending a tedious day, sleep, the solace of the wretched, comes to ease the burden of our minds, and sometimes transports us by a visionary flight to our beloved friends, but the return of light awakens us to the realities of our dreary prison. Even Hope has now almost deserted us, and though we struggle to support with fortitude the horrors of our situation, yet human nature is scarcely equal to the conflict."
It is now twenty-one months since the disastrous loss of their ship consigned three hundred American citizens to Barbarian captivity and slavery. During all this time, they have been doomed to sufferings which courage itself has no means to lessen, and to experience that "stiff-necked" hardness which arises from hope deferred. Husbands, fathers, sons and brothers, young men in the prime of life and vigour of their age, are thus lost to their country, their families and themselves. But while they pine in slavery, and their families deplore their fate, from their country they have a right to look with confidence for relief. Let us believe that the measures hitherto pursued by our government have been the wisest—that the delays incurred have been unavoidable. The season for renewing the attacks upon the enemy has commenced, and the result, we hope, will be fortunate. Yet all means should be prepared, and nothing should be neglected to insure the liberation of our countrymen—the feelings of the people of this country, their sympathy for the captives and their sense of justice, imperiously demand that this business should now be concluded, and that another year should not be added to the miserable term of slavery. If the application of force should prove insufficient; if it should appear that no skill, no courage, can remove the obstructions which nature has thrown in our way, we must then be prepared and content to do as the nations of Europe have done, and as we did on a former occasion, to give the Barbarians the full sum at which they value our inestimable citizens—the sum demanded, it is acknowledged, is insignificant—the expense not an object, and surely with such a nation, if it may so be called, there can be no point of honor. The refusal of our government to make this provision will compel the wealthy friends of individual captives to procure their ransom by large sums of money, and in relieving a very few, plunge the rest into tenfold misery and despair. Am. D. Adv.
Captain Robinson, from Digby, informs that on the 13th inst. the fbrg. Argo , Harris, arrived there from Antigua, in distress, that she failed in co. with the homeward bound Antigua fleet, consisting of about 30 sail, and that the next day after failing the whole fleet was captured by 4 frigates detached from the combined French and Spanish fleets, and were all burnt. The fbrg. Argo was bound to New-York, but having been robbed by the frigates of most of her cargo, and nearly the whole of her provisions and two of her seamen, after 4 days detention, they released her on account of her having an American sea letter. The frigates then stood off to the N. E.
A letter from New-Haven dated July 27, states that there were no new cases of fever on Friday and Saturday, and that the few persons that were ill of the fever were on the recovery. Merc. Adv.
We are informed that the disorder, now prevailing at New-Haven, is daily becoming more alarming. Some families have removed from the town; the College has been dismissed; the students have returned to their families, & the Supreme Court, which had just commenced its session, has adjourned. In this state of things, we see, with pleasure, the Proclamation of his Honor the Mayor, interdicting all communication with that afflicted town. While we sympathize with the inhabitants of New-Haven in their distress, we are happy to congratulate our fellow-citizens on the unusually healthy situation of our own City. ib.
Captain Haff, of the ship Charles , informs us that on the 24th of June the harbour of Cadiz was blockaded by five sail of the line, two frigates, and a cutter, under the command of Admiral Collingwood.
He also informs us that the U. States gun-boat No. 3, from New-York, commanded by a lieutenant, and having 36 men on board, was captured by three Spanish privateers in the gut of Gibraltar, after a smart engagement, and carried into Algiers, where, in consequence of the spirited remonstrance of the American officer, she was restored to be given up. The day previous to her capture, three gun-boats and two other American vessels, Schooners, failed to the eastward from the harbour of Gibraltar. Merc. Adv.
Captain Haff left at Cadiz the ship New-York , captain George, to sail for Philadelphia, in 4 or 5 days, with the illustrious Hero of Hohenlinden (the brave and persecuted MORRAU) and his family, passengers.
The British packet Princess Elizabeth left Falmouth on the 13th of June. Captain Kidd brought no loose papers; and informs us that no event of importance had occurred during the week previous to his departure. Merc. Adv.
WASHINGTON, July 31.
A treaty has been concluded in the state of Ohio with several Indian tribes, by which one million two hundred thousand acres have been ceded to the United States for an annuity of eight hundred and twenty-six dollars. Nat. Int.
We understand that advices have been received from Tangiers, as late as May 18, which do not countenance the intelligence, recently received of a war with Morocco. ib.
ALEXANDRIA, July 31.
DARING ROBBERY.
It is rare in this country that deeds of equal atrocity and audacity, with that we are about to notice, are perpetrated. We sincerely hope that attempts making by several of the public spirited of our inhabitants to seize the assassin will be successful, we however cannot but fear that as the number of the notes were probably not copied at the Bank of Columbia and as the assassin has perpetrated his murderous intention with so much cool deliberation, that he has well considered of his means of safety. This suspicion on our part, although we think justified by facts, we only mention with serious hope that it may stimulate the exertions of all, to leave no stone unturned, to means unthought which may tend to the discovery of so cruel and so deliberate a villain.
Mr. John Peters, a clerk in the Bank of Columbia, is now lying dangerously wounded, in the left side, apparently by a Pistol Ball, at the house of Jonathan Swift, Esq. near this town. This gentleman states that as on his way from George Town to Alexandria with between 16 and 17,000 dollars in notes of the bank of Alexandria, for the purpose of exchange, at them for cash or Columbia Bank Notes, he was met about 9 o'clock A. M. at a small branch near a hedge of briers about two miles from this town and between the lands of Charles Alexander, Esq. and Charles Alexander Junr. by a young man who approached from one side of the road, and appeared in the act of drawing a Pistol. But who getting near Mr. Peters, seized the bridle and discharged a pistol at Mr. Peters which occasioned the wound from which he now suffers. This unfortunate young man desiring the assassin as of middle height, with a black coat and hat and naked pistol in his hand, he had shown on and had a gentle appearance. On falling from his horse Mr. P. supposed he was robbed of his money, as when assistance arrived, he had none. Such were the most correct reports relative to perhaps the most daring robbery ever perpetrated in America, in circulation yesterday. This morning we have collected a few other facts which we deem it our duty to insert in this day's paper.
As soon as this circumstance was known a general and honorable spirit of indignation was excited—our citizens military and civil, who could procure horses immediately went in pursuit of the assassin—we are informed about 150 of the inhabitants of Alexandria were engaged in the pursuit—the information obtained from those who returned is as follows:
Early yesterday morning two men, one exactly answering the description given by Mr. Peters of the assassin, crossed at the George Town Ferry, and were offered to have Bibles, they had with them a black man, apparently a servant, this man might have been an accomplice. When on the south side of the river they were seen to take the road to the right of the Alexandria road, but were afterwards met in it, but without the negro. Different parties of our citizens met with some waggoners who reported that they had met on the Winchester road, two men answering the above description, riding as fast as their horses could carry them, about 3 hours ride a head of their pursuers.
The audacity and deliberateness of this attempt justifies the suspicion that more than one person was engaged in it. It is not improbable but the above were the robbers, that their object now is to gain the back country, and hide themselves in its fastnesses, until the search shall be over. We therefore hope the printers in those countries, will give every publicity in their power to so daring a breach of the peace, that the perpetrators may be brought to justice.
We are happy to learn that Mr. Peters (though severely) is not considered dangerously wounded. The ball struck against a rib, and, as it is well known, that a slight resistance will change the direction of a ball, so this sliding under the membranes passed along the side of the bone and lodged itself in the fleshy parts of the back, from which it has been extracted.
CHARLESTON, July 23.
Highly important and satisfactory information to our merchants.
We are happy to have it in our power to state, that the Collector of the Customs has received a letter from Captain Commandant TINEY, Superintendent of the Navy Yard at Washington, informing him, that he has received orders positively to fit the frigate Adams for sea, and expects she will be ready in a fortnight (from the 8th inst.)—it is probable that Captain Murry will command her. The brig Hornet , and a new brig to be launched at Baltimore in a few days, are also commissioned, and to fit, with all possible speed. It is intended that these vessels shall guard our harbour, and the coast generally. The Times.
1500 DOLLARS REWARD.
HIGHWAY ROBBERY.
Yesterday about 11 o'clock in the forenoon Mr. John Peter, an Officer of the Bank of Columbia, was robbed on Horseback on the Road between this Town and Alexandria, and within about 2 miles of the latter place, by some unknown villain, shot through the Body with a Pistol, and robbed of a Sum of Money in his possession belonging to this Institution, which he was taking to Alexandria, for the purpose of exchanging with the Bank there. The whole sum taken amounted to Eighteen Thousand One Hundred and Fourteen Dollars and Sixty Five Cents, made up in several packages, among which were
 1 Post note of the Bank of Virginia for 800 dolls.  1 ditto of the Bank of Alexandria for 500 :  1 ditto of the same for 500 :  1 ditto of the same for 250 :  1 ditto of the Bank of Potomac 149 65 cts  A check of the Union Bank, on the Bank of Alexandria, drawn by R. Higginbotham, Cashr. in favor of Greatham and Devereau, by them endorsed and by Benjamin Stoodder and C. Smith, Teller. There were also a parcel of post notes of the Bank of Alexandria for 100 dolls. and for 50 dolls. each. The remainder was in current notes, principally of the banks of Alexandria and Potomac, and some few of the bank of Virginia of different sizes and denominations.
As the ATTACK was SUDDEN, and the wound received of a nature to deprive Mr. Peter initially of his senses, (alotho' it is now hoped he will recover) the description obtained in so short a time must be as far as we are informed—the man who perpetrated the act, is of middle stature, good countenance, and had a general appearance. He had on a dark blue or black coat, Jeansen pantaloons, blue, and a black hat, he was on FOOT and ALONE at the time, but may have had accomplices concealed, and will probably change his clothes.
Five Hundred Dollars will be given to any person or persons who will detect and bring to conviction the ROBBER: and One Thousand dollars additional for the recovery of the whole of the money, that proportion for any smaller sum recovered should there be accomplices and one of them make a discovery, so that it leads to the conviction of the Robber—or to the recovery of the money be full receive the above reward—and interest will be made to obtain his PARDON.
WILLIAM WHANN.
Cashier of the Bank of Columbia. George Town, July 23, 1805.—(31)

The hasty manner in which I have lately glanced over Mr. McKenzie's voyages, has led me into some mistakes about his tour. It is not true that Mr. K. descended the Columbia river to its mouth: for after having proceeded a considerable way, he returned against the stream, and afterwards travelled to the Pacific ocean by land. Where he recd the river, it was about 200 yards wide. Hence it follows that the greatest part of this river between McKenzie's trail towards its source and Vancouver's towards its mouth, has not yet been explored. The natives however informed Mr. K. that it ran "to the east of south, receiving many rivers and every six or eight leagues encumbered with falls and rapids." From the 2nd Vol. of Vancouver, I have extracted the following summary description of its mouth. The work itself is as rare as it is valuable:
COLUMBIA RIVER. Having now paid the land tax," says Mr. Broughton, Vancouver's Lieut. "I landed for the purpose of taking our last bearings; a family point on the opposite shore bore 80 E. distant about two miles; this point terminating our view of the river, I named it after Capt. Vancouver; it is situated lat. 45° 27', long. 237° 30'.
"Round point Vancouver, the river seemed to take a more northerly direction; its southern shores became very hilly, with bare spots of a reddish colour on the sides of the hills, and their tops were thinly covered with pine trees. The opposite shore was low, well wooded, and mostly composed of shingly beaches. The breadth of the river here was a quarter of a mile; it afforded a clear good channel on the northern shore, with sounding across from 6 to 9 fathoms, shoaling gradually to the bed of sand that stretches from the opposite side. During this day, they had constantly rowed against the stream, having increased their distance only 12 miles up the river; and notwithstanding there had been a sensible regular rise and fall of the water, it had not in the least degree affected the stream, which had run constantly down with great rapidity.
"Mr. Broughton at this time calculated the distance from what he considered the entrance of the river, to be 84, and from the Chatham, 100 miles. To reach this station had now occupied their time, with very hard labour, seven days; this was to the full extent for which their provisions had been furnished; and their remaining supplies could not with all possible frugality last more than two or three days longer. And as it were impossible under the most favorable circumstances, they should reach the vessels in a less space of time, Mr. Broughton gave up the idea of any further examination, and was reconciled to this measure, because even thus far the river could hardly be considered as navigable for shipping. Previously to his departure, however, he formally took possession of the river, and the country in its vicinity, in His Britannic Majesty's name, having every reason to believe, that the subjects of no other civilized nation or state had ever entered this river before; in this opinion he was confirmed by Mr. Gray's sketch, in which it does not appear that Mr. Gray either saw, or was ever within 5 leagues of its entrance.
"The discovery of this river we were given to understand is claimed by the Spaniards, who call it Es-tada de Ca, after the commander of the vessel, who is said to be its first discoverer, but who never entered it; he places it in 46°, north latitude. It is the same opening that Mr. Gray dated to us in the spring, he had been nine days off the former year, but could not get in, in consequence of the out-setting current. That in the course of the late summer he had however entered the river, or rather the sound, and had named it after the ship he then commanded. The extent Mr. Gray became acquainted with on that occasion is no further than what I have called Gray's bay, not more than 15 miles from Cape Disappointment, though according to Mr. Gray's sketch it measures 36 miles. By his calculation its entrance lies in latitude 46° 10', longitude 237° 18', differing materially in these respects from our observations.
"The entrance as already stated, lies between the breakers extending from Cape Disappointment on the north side, and those on the south side from point Adams, over a part of bar, or more properly speaking over an extensive flat, on which was found no less depth of water than 4 1/2 fathoms. The best leading mark is to bring the Tongue point, which looks like an island near the southern shore, to bear by compass about N. by W. and then steer for it; this was observed in the passages of the Chatham in and out, though on the latter occasion, circumstances were too unpleasant to allow of great precision.
"From the information and experience derived by this visit, it appears to be highly advisable, that no vessel should attempt entering this port, but when the water is perfectly smooth; a passage may then be effected with safety, but ought even then to be undertaken with caution: bordering on the breakers off point Adams, and keeping the Tongue point well open, with Chenoke, or Village point, will avoid the pit bank, and give a clear channel up to Chenoke; but in case of failure in the wind or tide, it will then be most advisable to anchor in Baker's bay, bringing its entrance to bear north, and keeping close round the Cape breakers, where the depth of water is from 11 to 9 and 6 fathoms, close to the Cape shore. Within the Cape are three rocky islets in the Bay, the middle one being the largest; just on with the Cape is the line of direction going in, or out; leading along the southern side of the spit bank in deep water, & near this islet, bringing the Cape to bear between S. and S. E. second anchorage, in 5 fathoms water. The latitude is 46° 19', longitude 236° 7', and the variation of the compass 20° easterly. The greatest rise and fall of the tide in this Bay observed by Mr. Baker was twelve feet; high water at full and change at half past one o'clock. Mr. Mathy's observations on board the Chatham, confirmed those of Mr. Baker, as to the time of high water; but the rise and fall of the tide with him did not exceed six feet, and the greatest strength of the tide was about four knots.
"This Bay, besides affording good and secure anchorage, is convenient for procuring wood and water; and, by keeping upon good terms with the natives, who seemed much inclined to be friendly, a supply of fish, and other refreshments, may easily be obtained. The heavy and confused swell that in bad weather constantly rolls in from the sea over its shallow entrance, and breaks in 3 fathoms water, renders the space between Baker's bay and Chenoke point a very indifferent roadstead. Cape Disappointment is formed by high steep precipices, covered with coarse grass, the sides and tops of the hills with pine trees. Point Adams being the south-east point of entrance is low and sandy, from whence the country rises with a gradual ascent, and produces pine and other trees.
"With respect to its natural productions, and other interesting matters; the weather experienced on board the vessel having uniformly been similar to that afterwards encountered at sea, precluded any competent knowledge being acquired. The trees principally composing the forest, were pines of different kinds, growing to a large size, but were unequal to those of North America. Near the water-side were found maple, alder, and ash, and at some distance up the river, besides these, the oak, poplar, and oriental strawberry trees were produced, with many other forest trees, unknown to the gentlemen, who made a short excursion into the country, and who were only able to judge of the indigenous quadrupeds or animals, by the skins the natives wore or brought to barter; these were similar to those found on other parts of the coast. The birds that were procured, were large brown cranes, white cranes, white and brown geese, ducks, partridges, and snipes; a variety of others
were seen, that could not be taken. All that were brought on board, excepting the brown cranes, proved excellent at table. The river seemed to abound with fish, from the supply the natives provided, consisting of two sorts of salmon, both very good; sturgeon of a large size and very fine flavor, with silver bream, herring, flat fish, and foraminifer; of these four last sorts some were caught in the seine. The skins of the woods afforded a most excellent green vegetable, resembling in appearance and taste the turnip-stop when young. A bulbous root, about the size, and not unlike the crocus, that are much like neatly potatoes, wild mint, ground ivy, and wild lavender, all these the natives make great use of, together with berries of various kinds, particularly the cranberry, of a most excellent flavor, and the first we had seen on this coast.
LAND SPECULATION.
We may consider our Newspapers as the passing chronicles of the times. Sometimes their conductors may take upon themselves the dignified office of commentators; but their principal character is that of an historian. They may reason; they may argumentatively expatiate upon the incidents which successively solicit their attention: but their first duty is to furnish such facts as may add to the amusement or such materials as may excite or assist the investigating spirit of their readers. Such incidents are not always to be drawn from distant countries or brilliant transactions. The intrigues of the cabinets of Princes, the coronation of an emperor, the engagement of contending fleets, or the patching up of a new subsidiary treaty, are no doubt entitled to our most serious regard; but even these may sometimes be put aside, for the purpose of recording some domestic event of every inferior importance. What the latter may want in interest, it makes up in relative importance. It would produce very little agitation perhaps in London or in Paris; it is not calculated to affect the destiny of Empires or of princes: but it comes home to every man's business and bosom; because it may perchance affect every man's interest or the interest of his friends.
When I noticed the extraordinary circumstances which accompanied the drawing of the Wm. & Mary Lottery, I indulged the sportive sallies of my mind. There was a something in that transaction, which was calculated to produce in the indifferent observer a sensation of pleasurable surprise; but there was nothing in it, which could command a more serious or solemn emotion. The scene itself and the comments which it called forth exhibited to my view something of the ridiculous; something to please the laughter-loving tribe; but there was nothing in them, which the most rigid morality could think of reprehending. Far different however is the scene, which it is now my painful province to develop. Far different are the sensations with which I approach to fulfil it. The drawing of the William & Mary Lottery might sometimes call forth a playful smile, or a good-humoured argument; but the criticisms of the moralist or the considerate indignation of the public seems only to have fallen upon the present transaction. It has produced as much animated conversation; as much eager curiosity as the other; its actors have attracted as much brilliant eclat; but fortunate will they be if they pass off with the same smiles or the same charitable indulgence, which the commissioners of the Lottery were fortunate enough to deserve.
For 10 days past has the spirit of land speculation been stalking through the streets of our city. We have seen it silently arising from the most contemptible and humble beginnings; and increasing, as it advanced, the number of its proteges and the magnitude of its operations. At first it seemed contented with vacant, waste or unappropriated land; but it afterwards extended its ambitious cravings to all forfeited land. First, it reposed itself on the margin of Shockoe Creek and the James river; and then we saw it acting upon a principle, which overleapt the narrow boundaries of the corporation and extended to the farthest extremities of the state. Those who originally set up this game of speculation pretended to confine their location to lands which no man claimed and no man possessed; but the torrent soon swelled on, while a new mode of acquisition was soon discovered, which threatens to dispossess the actual inhabitants of their land, and tenant it with new Masters. Nothing but the prudent interposition of the next Legislature can put a stop to the impending evil. This Drama therefore, which is now acting on the Theatre of our City, is plainly divisible into two distinct acts: distinct not only in their plot, but in the time of their representation. The first relating to the vacant land in the corporation, has perhaps seen the curtain drop upon it for ever. The second, that is built upon the anticipation of forfeited land, is now in rehearsal, and will be brought upon the stage sometime about the first of March next. Each of these we shall develop for the amusement of our distant readers: the first in our present number. The last we shall keep by us for future exhibition.
ACT 1st. VACANT LAND.
The first case, with the arguments that may be urged against the claims of the late locators are thus detailed by an experienced and intelligent lawyer of Richmond.
COMMUNICATION, concerning entries lately made for lands on James River and Shockoe Creek, in Henrico county by a citizen of Richmond.
Much disturbance has been lately made in this city, by some locations of land supposed to be vacant, laying on the margin of James river and taking a part of the city. Things of this sort are always considerably agitated as they are told from one to another. And indeed the truth is not easily ascertained even by those who are on the spot, and are desirous to know it. This article is therefore written, not only to give satisfaction to the inquisitive as to the real state of the facts, but also to give a death blow to the hopes of the locators and others concerned.
In the year 1876 a patent issued for the land in question to Capt. William Byrd, the particulars of which so far as respects the courses and distances will be seen in the following copy: "NOW KNOW YE, that I the said William Berkeley Knight, give and grant unto Capt. William Byrd, seven thousand three hundred and fifty acres of land 2 rods and 24 poles on the north side of James river in Henrico county lying and bounding as follows. Beginning at Shockoe creek mouth running up the river, between W. and S. W. 176 poles. Thence between W. and S. W. 330 poles, thence between W. and N. 932 poles. Thence N. E. 827 poles, thence E. 490 poles, E. S. E. 468 poles, E. 520 poles, thence between S. and S. W. 828 poles down Shockoe creek to the place begun at. 1280 acres of land being formerly granted unto the said Capt. William Byrd, by the right honorable the Governor 17th October, 1673, and the residue of the said tract, 7351 acres of land being due by and for the transportation of one hundred and twenty-two persons, 13 March, 1676." The courses of James river from the mouth of Shockoe creek to Wickett have been lately taken with accuracy by an experienced and skillful surveyor, from the plot of which it appears that the dif-
ferent courses of the many meanders thereof, are within a few poles of the points called for by the patent, that is the whole of the first course, to make 128 poles, lay between the points West, and North-west. So likewise the whole of the courses to make 330 poles, lay between the points West and South-west, the same observations apply to the next courses, and also to those which make 828 poles down Shockoe creek to the place begun at. Let it be noticed that where the patent binds either on James river or on Shockoe creek, the courses are allowed to lay between two given extremes. But in those courses which neither touch the river nor the creek, they are positive, neither the word between, nor any other word or expression is used, which allows the smallest deviation. This survey was very probably made by the mariners compass, before the mode of ascertaining the accurate courses by the several degrees, was in use. And it also appears in those days, that it was customary to survey by the 32 points, according to the mariners compass, and not by the degrees as now in use.
It seems that the projectors of this disturbance have been led into a mistake by an erroneous construction on the form or words of the patent. They supposed that the true meaning of those parts of the patent which calls for particular distances between two given points of the compass, to wit, between West and North-west, meant a direct West, North-west line, that is, taking an equal distance between the given extremes, whereby no regard would be paid either to the words of the grant which says running up James River, or the actual meanders or courses of the shore. If it had been the intention to have granted the land according to the construction of the locators, then the wording of the patent would have been plain and not ambiguous, because a West-North-West course as they contend is one of the 32 points of the compass. If the construction which the locators give prevail, there would be, in the first distance a considerable vacancy between the line for which they contend and the River: and upon the same principles the second line would go some distance into James River, and would also afford considerable disturbance to the peaceful occupants of that element.
The construction which has been put upon Capt. Byrd's patent to authorize the hopes of the locators so far as these facts and remarks go, appear to be too ridiculous to require a more lengthy refutation. The proprietors therefore might safely defend upon the patent, the well known usages of the times, and the customary and reasonable constructions in similar cases, but fortunately for their security, and the general repose and tranquility, not only of the City of Richmond but of the whole community, all ancient rights and claims are guaranteed and protected by a law of the Commonwealth of Virginia, which passed in the year 1788, which contains the following section. Revised Code, page 378.
"Be it enacted, that no entry or location on any lands in this Commonwealth, which have been forfeited 30 years prior to the date of such entry or location, and upon which quit rents or taxes can be proved to have been paid at any time within the said thirty years, shall be deemed valid; and any title which the Commonwealth may be supposed to have thereto, is hereby relinquished."
From this it appears, that even tho' Capt. Byrd's courses and distances with the general description should be deemed defective (which by the bye is impossible) then the act just quoted would confirm the possessors: provided a settlement of 30 years could be proved, and taxes had been paid at any time within the 30 years. Now it is well known that there is no part of the land, for which the disturbance has been made, which has not been settled and occupied to all purposes necessary to meet the meaning and intention of the law, more than fifty years; so that the local residents and others, who may be directly or indirectly interested or concerned, when their understandings shall be awakened by these remarks or by any other means, may rise up and say, alas! it was but a dream : It is proper however to make known, that a respectable inhabitant of this city, (Doctor William Foulke) as soon as he discovered the intentions of the locators, examined their entry and found it to be substantially defective in form. He immediately with a pomptitude, which deserves notice and applause, procured a warrant in his own name, and at his own expense, made another location, which embraced the same objects of his predecessor. This entry Doctor Foulke has declared to be made for the benefit of the several proprietors, whose rights the other entry was intended to disturb, so that if the foregoing facts and remarks, left any thing in doubt, the locators, would have been disappointed by this well meant & well timed act of Doctor Foulke.
But the locators contend, that Doctor Foulke's entry is not legal, because he entered with the county surveyor, they say, that as the beginning was within the city, that the entry ought to be made with the city surveyor. Altho' this point is of no consequence in the present case inasmuch as the right of property requires no prop, yet the writer of this article will endeavor to prevent them from falling under the delusion of another dream, by quoting another law which the legislature thought proper to pass at another time. Rev. Code page 143, part of the 13th section, "every person having a land warrant and being desirous of locating the same, on any particular waste or unappropriated lands, shall lodge such warrant with the chief surveyor of the country wherein the said lands or a greater part of them lie." No body will pretend that the mouth of Shockoe creek is not in Henrico County: but it will be pretended that the entry ought to be made with the surveyor of the city of Richmond, because the mouth of Shockoe creek is within the city; but even admitting that this might do for lands altogether within the city, it would not answer in this case, because, the greater part of the land, entered for lays in the county of Henrico and not within the jurisdiction of the city.
When private persons in cases of emergency voluntarily endeavor to render important services to society or to individuals it is certainly proper to make known both the act and the service, in this case it is necessary on another account. The name of Dr. Foulke, stands at present, among those who have contributed to disturb the tranquility of the city and county, and this explanation shows that it stands there, not only for very different purposes, but such as entitle him to the thanks of those who are ancient and valuable possessions appeared to be jeopardized. K.
* This patent is said to be more explicitly favourable to the possessors; but a copy cannot be procured in time.
The arguments which have been brought forward in the support of these locations, are detailed in the following communication of the present surveyor of the City.
TO THE CITIZENS OF VIRGINIA.
WHEREAS several unfounded alarms have been circulated, not only in the city of Richmond, but have been industriously propagated in the country, respecting certain locations which have been lately made by certain gentlemen and myself within and in the vicinity of Richmond, I regard it an incumbent duty to give a fair and candid representation of the transaction so far as I was concerned.
It has, is now, and shall always be with me a ruling principle, that all laws whether of a pernicious or virtuous tendency which the legislature of any country or state may enact, ought until repealed to be enforced and complied with. (1) The effects of any law towards the happiness of a people, can only be known by trial; & from experience. (2) The deformed indifference too frequently given to the execution of laws, has occasioned many of the most tyrannical of exests. (3) & many that would have been productive of the greatest benefit to be neglected. A rigid adherence on the part of every individual to the Virginia Code, would soon discover those laws that were oppressive, and those which were salutary. Laws as well as principles if destructive to society ought instantly to be opposed and done away; but beneficent and virtuous they cannot be pushed too far. In the present instance with respect to the Land Laws of Virginia, whether they be useful or injurious, it is not for me to determine; but
while they are in force, I regard it the right of every citizen in the commonwealth, to benefit if he can by them. (4) Those who think and act otherwise, not only potentially affect the interest of the state, but are unjust towards themselves. The theoretic moralist who regulates his conduct by the capricies of feeling, and the dictates of fancied conscience, (5) is much more to be dreaded than the rigid conformer to laws. The former unquestionably may be of greater service to the select associates of the circle in which he resides; but to the community at large, every deed of his life is a deed of default and of crime. If morality or virtue be measured by any other (6) standard than by adherence to the laws of that society of which we are members, we should have as many moral systems and moral codes, as there are individual interests, and individual capricies. (7)
The land laws of Virginia, have been framed for the benefit of the citizens throughout the state, and not for the exclusive advantage of the citizens of Richmond. Every inch of unpatented ground, which is suffered to remain within the boundaries of Richmond, is in reality a robbery committed upon the property of each citizen in the commonwealth, and the indifferent spectator who knowingly sanctions it, deserves to be classed among the felonious receivers of stolen goods. (8) The advocates or claimers of these tracts located in my name, can neither urge the right of grant, settlement or purchase; for in either of these cases the location could not possibly affect them. (9) A location for unappropriated land by an act passed the 24th of January 1798 can only affect the pretended claims of land which has never been patented and settled upon. If there were any such tracts within the space, which I located, I certainly had an equal claim on them with any other citizen, for although the prejudice of party may draw a line of preference between the native Virginian and foreigner; the equitable laws of the state acknowledge no such invidious distinction. If no unpatented or unsettled tracts existed; my location could have no other effect than to add a few dollars to the state treasury. Upon these principles, and these alone, I entered a location between the boundary line of a patent granted by Sir William Berkeley, to William Bird, the 15th of March, 1675-6 and the meanders of James river, from the mouth of Shockoe creek, about four miles up the river. Much has been said of the manner in which the entry was worded. It is however to be known, that the county surveyor (perhaps properly) thought himself justified in refusing the entry, until he took the advice of counsel, and that I in place of leaving him a copy of the entry, left with him only a memorandum of the line of the courses which he was to run, observing to him in the presence of Mr. Davis, to make the entry (after receiving the opinion of counsel) as fifty acres of the land lying between the given courses and the meanders of the river James, supposing he had a general form of entry as many surveyors have. With respect to a location on the south side of the creek which has been erroneously reported as entered by me, no such ever took place as will evidently appear from the inspection of Byrd's patent, which was granted solely for land on the West side of the creek; and the tract alluded to which was located by Mr. Lipscombe and myself, lay between the boundary line in Byrd's Patent which ran between S. and S. W. 828 poles, and the different meanders of Shockoe Creek; for this line could not have crossed the Creek as there was a separate patent for the land on the east side of the creek, which patent expressed the boundaries not in courses, but by the different meanders of Shockoe Creek, and the different meanders of James River.
I shall only observe at present (to bring my intention, to explain and illustrate this subject in the fullest manner at a future period) that if any criminality is to be attached to the location it ought to be placed to me alone. Had I conceived it either unjust or immoral, I certainly might have derived equal advantage by entering it in the name of Mr. Davis who was to derive one half of the interest and emoluments, or in the name of some third person, so as to avoid every censure. But regarding it as I did not only a justifiable but a patriotic act, I entered it in my own name. Finding it gave general displeasure, I withdrew the entry in order to satisfy the request of several of my friends; but owing to no other cause, for while the present law on the subject of locations exists, I shall never change my opinion as to the right legality and equity of locating any unpatented land not settled for thirty years whenever such can be found.
JOHN WOOD.
REMARKS.
I should conceive myself to have violated the duties of my present office, if I consented to pass by the preceding communication without criticism or comment. It abounds (in my judgment) with errors which may be productive of mischief or sophisms which may impose upon the unwary. Should the articles which I deem it necessary to offer on these opinions, be considered harsh or unfriendly by their author; I have no apology to make to him. He cannot fail to recollect the conditions, on which I have consented to publish his production.
(1) Every law ought to be enforced by the officers of government, and complied with by individuals against whom it are to be put into execution. But does it follow, that every individual ought to enforce the law upon every other, who has placed himself within its grasp? Is power in every case, right? Ought the landlord to turn every tenant from his farm, whom the inclemency of the elements has rendered incapable of discharging his rents? A humane man would perhaps think differently. He would say, "it is right that the law should give me the power to assert my claims, if I thought proper. But it would not be right for me to assert them in a case where I did not think it proper."
(2) Hence (infers our moralist) every individual is bound to assert his claims in every instance, where the law puts the sceptre into his hand. He, who violates a private right is to be prosecuted with as much rigour as the man, who perpetrates a public crime. There is no more due to mercy in the one case than in the other. There is no more discretion left to the individual, who can clap a writ upon his unfortunate Debtor, than to him, who is able to arrest a vindictive murderer. This may be law ; but who is there that will call it justice ?
(3) Can a law be tyrannical which is not executed? Or what injury can a law produce, which exists, but is not executed? Had the persecuted Gerald no cause of complaint, when the public prosecutor "thought proper to dig into the dusty rubbish of antiquity, under which the embers of despotism have long been smothered and to awaken those sleeping lions by rattling up a company of old records, which have lain for so many ages by the wall neglected or forgotten?"
(4) Without any regard for the equitable rights of others? At the expence of all humanity; every virtuous sentiment of compassion; all those kindly feelings, which would lead us to sacrifice our own interests to the welfare of others?
(5) Miserable sophism! As if conscience did not embrace the principles discovered by the understanding, as well as the feelings produced by habit! As if the virtuous moralist who acts from considerate conviction, does not act from conscience, as well as the timid Religiouse who is afraid to investigate the reasons of his morality, acts from the blind propensities of his childhood! Is the conscience of the first to be ridiculed as fancied? Or what other principle shall we substitute for the regulation of our deportment?
(6) Here then we have Mr. Wood's standard of morality! LAW, a system so completely different in different countries, and continually differing from itself. What follows from this, but that different nations have different systems
of morality because they have different systems of law; and that the morality of the same nation is eternally changing, because the law is eternally mutable? According to this beautiful doctrine, the despotism of the Turks and the liberties of an American are equally proper, because they are equally legal. According to this doctrine no law can be oppressive and consequently immoral because it is the law. I had always supposed before, that the propriety of every law was to be determined by its morality. But Mr. Wood has now taught me to reverse this operation. Would you know what is morality, you must not seek it in the scriptures, in Paley or in Godwin. But you must devote all your researches to the statute-book.
(7) Why all this parade of principle? It is to prove, that Mr. Wood acted from a patriotic motive, as he afterwards declares. 1. Mr. Wood however unable to discriminate between the tendency and intention of an action? Because his speculation may be accompanied by useful results, did it therefore originate in commendable motives? Is there a man in this city who will believe, that his surveyor instead of speculating for his own private emolument, was merely anxious to make an experiment for the public benefit?
(8) Mr. Wood did not then wish to be stigmatized as the "felonious receiver of stolen goods!"
(9) They had no right of grant &c. &c. because if they had, this location could not possibly affect them! Ingenious argument indeed!—And it could not affect them! Is Mr. Wood yet to learn, that the fear of losing property is calculated to affect a man, as well as the actual loss of it? Is he yet to be told that an extreme apprehension has lately prevailed in this very city among men who have the most undisputed title to their land; and that by a species of practical bull, several proprietors have actually laid warrants upon their own land?
I have no inclination and no leisure to press these remarks farther.—I am unable however to conceal my wonder, that a surveyor such as Mr. Wood is reputed to be, should adopt the ridiculous construction of Mr. Byrd's Patent, which first conducted him into his Errors. How is it possible that he should have confounded his expressions, relative to the courses of the Boundary lines? That the courses of the fill and the courses of the closing lines, should be indefinitely expressed by the word between, and the courses of the intermediate lines should be marked out by definite terms, and yet that a surveyor should make all these courses equally definite; should make for instance "between W. and S. W." synonymous with W. S. W. appears to me to be among the most curious mistakes which any mathematician has ever committed!
Little as the conduct of Mr. W. is calculated to command my approbation, I am willing to believe that it may have a desirable tendency. It has led to an enquiry into the land law of Virginia which has opened a scene of probable speculation and ruin, which an enlightened legislature only can avert. May their prudence, occasion the imaginary acquisitions of another set of speculators to melt away like the "baleful ices fabric of a vision."
The Alexandria Exposition affers, that Mr. Dalton brought up to Washington, not less than 24 quires of dispatches from our ministers at Madrid.
DEPARTED this life, on Monday the 15th ult. at the house of Mrs. Elizabeth Booker, in Amherst, JOHN BOOKER, a brother of her late husband, Mr. William Al. Booker.
BY Virtue of a deed of Trust, executed to the subscriber by John Williamson, jr. of the County of Henrico, to secure the payment of sundry debts therein acknowledged to be due to satisfy sundry executions, for which Cpt. John Williamson stands bound, as his security, together with the expence necessary to carry the trust into execution; WILL BE SOLD, to the highest bidder, for ready money, on the premises, on Thursday the 17th of August next, one Hundred acres of LAND, being a part of the tract wherein the said Williamson now lives, and adjoining the land of Samuel Browning, about one mile above William Young's mill, and between five and six miles from Richmond. ELISHA PRICE. August 6. 3t.
FOR SALE,
THE PLANTATION whereon Major Thomas Callis now resides, and formerly the residence of Mr. David Anderson. This land is in the upper part of Hanover county, and near the Louisa line. The tract contains about four hundred ACRES, is remarkably, and well adapted to the culture of Corn, Wheat, and Tobacco. It is 33 miles from Richmond, and 20 from Hanover town. If this plantation is not sold by private contract before the 1st of September next, it will on that day be sold at public auction on the premises. One half of the money will be expected in hand, the balance to be paid on the 1st day of August 1806. For terms apply to Merriweather Jones, Esq., or to the subscriber living in this place. WILLIAM CALLIS. August 6. cpts.
THE subscribers have taken a tenement in the large brick house, just below the termination of the Canal, where they propose to transact business on commission. They flatter themselves from the eligibility of the situation, with the extensive capital which they will employ in that line, together with unremitting attention, to give general satisfaction to those who may favour them with consignments. JAMES C. ANTHONY, & Co. August 6. law 3t.
A PLEASANT RETREAT FROM TOWN THE subscriber, living within two miles of Richmond, at a very healthy and pleasant situation, immediately on the stage road leading to Williamsburg, takes this method of informing his friends and the public, that he has opened a HOUSE OF ENTERTAINMENT, for the accommodation of travellers and others, who may favour him with their company. The ladies and gentlemen of Richmond are respectfully informed, that those who may occasionally be desirous of spending some time in the country, may always be well accommodated. He promises that every exertion shall be made on his part, to give general satisfaction; and hopes, from attention, to gain the patronage of the public. SAMUEL HILL. August 6. (sp 3t.)
TO BE SOLD,
On liberal credit, and in lots to suit purchasers, FROM two hundred and fifty to three hundred acres of LAND, in the county of Henrico, about four miles from Richmond—a distance which renders it but little liable to pillage, yet sufficiently near to one of the best and most improving markets in the United States. The advantages of small farms near large towns, are so obvious and generally admitted, as not to require particular enumeration. Persons residing in the city with large families, and who are obliged to keep horses, would be able in one year to save more than the original purchase. For further particulars enquire of Mr. Thomas Norvell. May 14. [ad. 17]

Miscellaneous.
AGRICULTURAL.
The following description of an improvement in the Plough, and consequent reflections, by Mr. J. PEARSON, are taken from the transactions of the American Philosophical Society at Philadelphia, vol. 4, no. 38.
The description of a Mould-Board, of the last reference, and of the careful and most certain construction, taken from a letter to Sir JOHN SINCLAIR, President of the Board of Agriculture, at London.
Philadelphia, March 28, 1798.
Dear Sir, I have to acknowledge the receipt of your two favors of June 21 and July 15, and of several separate parcels, containing the agricultural reports. These now form a great mass of information on a subject, of all in the world the most interesting to man.
Permit me through you to make here my acknowledgements to the Board of Agriculture, for the honor they have been pleased to confer on me, by associating me to their institution.
In a former letter to you, I mentioned the construction of the mould-board of a plough, which had occurred to me as advantageous in its form, as certain and invariable in the method of obtaining it with precision.
FROM THE PORT FOLIO. The following is a good Epigram. It has the truth, nature, and simplicity of the Grecian school, and if translated by a Parr or a Porson, might be annexed to "The Antologia."
ON A NATURAL CHILD, DESTROYED BY IT'S MOTHER. 'Twas Love, that conquer'd Shame, and gave thee breath, And Shame, that, conquering Love, decreed thy death.
On a Divine, whose sermons were of the opiate class. Dormive effeims it wondrous odd, That people, when he preaches, nod, As if he were a heavy profer.
The following ode, or sublime hymn to the God of Day, though inserted in the Vatican manuscript of Amores, is supposed not to have been composed by him, and the internal evidence seems to justify the conclusion of Mr. Moon, that "it is a sublime flight than the Teia wing is accustomed to soar."
I am sensible that this description may be thought too long and elaborate for a subject, which has hardly been deemed worthy the application of Science. But if the Plough be in truth the most useful of the instruments known to man, its perfection cannot be an idle speculation.
Wit on all subjects is eagerly sought, and read with pleasure. We sometimes discern it even in the arid pages of an advertisement. A Mr. James Cross, whose profession is Cotton dying and scouring, thus quality prefaces a short public notice, in a paper, printed at Charleston, S. C.
and comforts of society, are found as effectual, as the coarser instrument of force. Nations like these individuals, stand towards each other, only in the relations of natural right.
NORFOLK, July 30. The Society of Agriculture and Arts at Paris has been lately occupied with the improvement of the Plough, and with much ceremony and compliment have decreed the offer of a Medal to our President for his valuable communications on this subject.
The Society takes honor to itself for decreasing the 2d medal to the illustrious Jefferson, President of the United States of America. It is interesting indeed to see the First Magistrate of a great republic, lending his talents and name to the humble instrument of labor.
FROM THE PORT FOLIO. The following is a good Epigram. It has the truth, nature, and simplicity of the Grecian school, and if translated by a Parr or a Porson, might be annexed to "The Antologia."
ON A NATURAL CHILD, DESTROYED BY IT'S MOTHER. 'Twas Love, that conquer'd Shame, and gave thee breath, And Shame, that, conquering Love, decreed thy death.
On a Divine, whose sermons were of the opiate class. Dormive effeims it wondrous odd, That people, when he preaches, nod, As if he were a heavy profer.
The following ode, or sublime hymn to the God of Day, though inserted in the Vatican manuscript of Amores, is supposed not to have been composed by him, and the internal evidence seems to justify the conclusion of Mr. Moon, that "it is a sublime flight than the Teia wing is accustomed to soar."
I am sensible that this description may be thought too long and elaborate for a subject, which has hardly been deemed worthy the application of Science. But if the Plough be in truth the most useful of the instruments known to man, its perfection cannot be an idle speculation.
Wit on all subjects is eagerly sought, and read with pleasure. We sometimes discern it even in the arid pages of an advertisement. A Mr. James Cross, whose profession is Cotton dying and scouring, thus quality prefaces a short public notice, in a paper, printed at Charleston, S. C.
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.
POLITE ACCOMPLISHMENTS FOR YOUNG LADIES. AT WILLIAMSBURG. To those who are acquainted with the excellent society of Williamsburg, a recommendation of it as an eligible scene for the education of Young Ladies, is unnecessary.
NOTICE. THE co-partnership of ROBERT GAMBLE & SONS, will be dissolved by mutual consent, on Saturday, the 11th instant.
The subscribers take this method of informing their friends and the public, that they intend carrying on the mercantile business, under the firm of JOHN & ROBERT GAMBLE JUN.
The highest rates given for Bees-Wax, good Bear, Deer, and Otter skins, and other shipping Furs.
The subscriber (Robert Gamble, sen.) avails himself of this opportunity to thank his numerous friends for the very large share of patronage he has received in the Mercantile line.
DOCTOR WILSON HAS removed his Apothecary Shop to the lower floor of the Bell Tavern, where he has a general supply of MEDICINES, PAINTS, & OTHER ARTICLES IN THE APOTHECARY LINE.
IN CHANCERY. Vincent Redman, Compt. Against Ann Y. McNeill, William R. Kel-ick, and Barnes Beckwith, Defts.
NOTICE. THE subscribers have purchased from Christian Vetterlein the exclusive right of making, using and vending to others to be used, within the United States, his PATENT METALIC HONE.
RAGS. THE HIGHEST PRICE (IN CASH) WILL BE GIVEN AT THIS OFFICE FOR CLEAN LINEN & COTTON RAGS.
PRIVATE BOARDING & LODGING. THE Subscriber (near Mr. Southgate's Store on Shockoe Hill, a fine healthy situation), will furnish genteel Board and Lodging for a few gentlemen until the first of December next.
GEORGE WILY, BROKER & COMMISSION MERCHANT, Near the Basin, BUYS and sells all kinds of Produce—Alfalfa, Lands, Lots, and houses, Bank Stock, &c.
TO RENT, A BRICK LUMBER HOUSE on the Basin, German Osnaburgs, by the piece or bale, Gen. Medock Claret, of vintage of '01.
MOUNT STON FOR SALE. THE Subscriber offers for sale, his Plantation in Northumberland county, known by the name of MOUNT STON.
TO BE SOLD, At Public Vendue, at Godfrey's Hotel, in Alexandria, on Monday the 16th day of September, at 12 o'clock, at noon: ALL that TRACT OF LAND, late Presly Thornton, Esquire's, situated in Northumberland county, Virginia.
THE SUBSCRIBER Has lately received from Philadelphia: A HANDSOME assortment of TEA CHINA, in full and broken sets; Cut and Plain Glass Ware assorted, and a great variety of Liverpool plain, painted, printed and China glazed Wares.
THE Partnership now carrying on under the firm of PUMFREY & FITZWILLSONN, will be dissolved by mutual consent, on the 31st day of this present month.
THE Subscriber takes this method of informing his friends and the public, that he intends carrying on the STATIONARY & BOOK-BINDING business in all their various branches, as usual.
THE Subscriber has opened a Broker's Office, opposite the Union Tavern, and over the Counting-house of Thomas and Amos Ladd.
A GENERAL ASSORTMENT OF BLANKS, FOR SALE AT THIS OFFICE.
VALUABLE COAL LANDS, To be let upon a lease for years. THE Coal Lands at Dover in the county of Goochland, joining Doctor John Adams's coal pits and Mr. Graham's, belonging to the subscribers.
HOUSE AND LOT FOR SALE. THE subscribers offer for sale, the House and Lot, in the neighborhood of Mr. M'Graw, and Lieut. Underwood, on the Hills, which they lately purchased of Mr. John S. Moore.
BURN MILL STONES, OF ALL SIZES; and a PLAISTER OF PARIS, of an excellent quality, FOR SALE, as usual, at WILLIAM DAVIDSON, near the Market.
MILITARY CERTIFICATES. FOR SALE, Certificates of this State, bearing interest of 6 per cent, and receivable at the Treasury for all arrears of taxes, prior to the year 1798.
NOTICE. ON the 23d day of May last the co-partnership of WM. M. ALLEN & JAMES CODY, under the firm of ALLEN & CODY, of Ca Ira, was dissolved by mutual consent.
PUBLIC NOTICE IS HEREBY GIVEN, that in virtue of a writ of ad quod damnum issued from the court of the county of Henrico, and to me directed, I shall on the 15th day of August next, with a jury, meet on the land through which the common council of the city of Richmond, propose to extend the cross street of said city to James river.
HAS just received a very large and extensive assortment of fresh MEDICINES, SURGEON'S INSTRUMENTS, DRUGS and DYE-STUFFS, PAINTS of all kinds, OIL, VARNISHES, PUTTY, &c.
HATTERS' MATERIALS, CONSISTING OF Hatters' Irons, Logwood, Coppeas, Virdegreafe, Fustick, Spanish Indigo, Oil of Vitriol, Aq. Fortis, Quickilver, Crude Tartar, Effen Irons, Bow-Strings, Linings, Galoons, Taffel Bands, Rubbing Dishes, Stampers, Trenchers, &c.
He thanks his customers for past favors, and hopes to merit a continuation of their custom. His former attention to the quality of his Medicine, importing them in their crude state, that he might be able to judge of their quality, and powdering and preparing them under his immediate inspection, have contributed to his present establishment.