Virginia Argus (Richmond, Va.), 1807-10-23 00:00:00

VIRGINIA ARGUS.
[XVth YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1400.]
RICHMOND:—PRINTED (ON TUESDAYS AND FRIDAYS) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
[Four Dollars Per Annum—paid in Advance.]
FRIDAY, OCTOBER 23, 1807.
12 1-2 Cents Single.
Circuit Court.
MOTION FOR COMMITMENT.
THURSDAY, October 1.
Gen. Wilkinson's testimony continued.
Mr. Wickham. You mentioned that Swartwout was with you about the first of October? General Wilkinson. I think about the 8th or 10th. I believe I have said the middle; because I marched on the 23d, and Swartwout had left me some days before. Mr. Wickham. Your letter to the government is of the 21st of October; will you assign a reason for so long delay? A. I took time cautiously to draw from Mr. Swartwout what information I could obtain, lest I should excite suspicion. Another circumstance was that I was busily engaged in making arrangements of the artillery, transports and other military equipments in order to take the field. Mr. Wickham. You say in your letter to the President, that "you are not only uninformed of the prime mover and ultimate objects of the daring enterprise, but you are ignorant of the foundation on which it rests, of the means by which it is to be supported, and whether any immediate or collateral protection, internal or external is expected." I beg leave to ask why you stated this to the President after getting the information you did from Swartwout? A. The answer is very plain; but the question is complex. If you will dismiss it, I can answer it. Mr. Wickham read an extract from the letter (being part of that just quoted) and said, I think this is different from the information you gave the court. General Wilkinson. I doubted the information I received from Swartwout. I could not suppose that Col. Burr or any other individual would have the audacity or folly to undertake such an enterprise without the assistance of some foreign power. I could not, therefore, view him as the prime mover, but as the instrument. I doubted Swartwout's declarations; and although they had an effect upon my mind, I could not place solid confidence in them. He said that the people of the territory were ready to join. He was a stranger in the country and therefore could know nothing of their dispositions but from information. I was acquainted with them, and had heard of no such disposition. Mr. Wickham. Then you doubted whether Swartwout was authorised to make these communications? A. I beg your pardon. I believe that he was authorised, and instructed to deliver me lessons of falsehood. Mr. Wickham. Then you say that you still doubted? A. It is so expressed in the letter. Mr. Wickham. These expressions, I understand, conveyed the true state of your mind at that time? General Wilkinson. I wish you to understand me. When I contemplated the audacity, the iniquity and the folly of the enterprise, I did believe that Colonel Burr was stimulated by some foreign power. With respect to revolutionizing the territory, I could not place any solid confidence in it, until I received the communication of James L. Donaldson, esq.; when combining all the circumstances I wrote my letter of the 12th of November. Mr. Wickham. Then I understand you to say that this was the true state of your mind at that time? Gen. Wilkinson. Yes. Propounding this question brings to my recollection a subject not thought of before. Inquired of Mr. Swartwout from whence Colonel Burr derived his funds. He said, from the aid of friends, and the sale of property; in which sale he had been employed. I knew that Colonel Burr had no property. This declaration of Swartwout gave me less confidence in his communications. Mr. Wickham. I observed in your letter of the 21st of October, this expression, "my desire to avert a great national calamity." At that time you had doubts whether the enterprise might not be salutary? General Wilkinson. Would it be improper to assign my reasons why I supposed it might be salutary? As I passed through Natchez, I understood that Mr. Meade, who exercised the functions of governor, had spoken of an attack on the Spanish post of Baton Rouge, and I was informed by a Mr. Dunlop and a Mr. Smith, that he had said the government would connive at the measure.
Mr. Wickham. This postscript on the letter: "Should Spain be disposed to war seriously with us, might not some plan be adopted to correct the destination of the associates, and by a suitable appeal to their patriotism, engage them in the service of their country? I merely offer the suggestion as a possible expedient to prevent the horrors of a civil contest. And I do believe that with competent authority I could accomplish the object." Am I to understand that the postscript contains the true state of your mind at that time? A. There is some uncertainty whether that postscript is a part of the original letter. It is noted on the corner in my own hand writing, and not in that of Mr. Burling, who was then one of my aids-de-camp, and by whom the copy was made. [Mr. Baker. It never was understood that a copy would be received by Colonel Burr. Now we see the necessity of having the original.] General Wilkinson. I have no sort of hesitation to state what my feelings were. If the Spaniards had been seriously disposed to war, I did believe that by a suitable appeal to the feelings and patriotism of the deluded citizens who might have descended with Colonel Burr, they would have been induced to join our standard, and oppose a foreign enemy sooner than enter into a conflict with their own countrymen. My idea was this, that the President should have forwarded to me blank commissions to be
offered to influential leaders.—Mr. Wickham. This postscript says nothing as to leaders but to the body in general. Gen. Wilkinson. I cannot give any definite idea of my sensations at the moment. I think I could not have meant leader, but the leaders. Mr. Wickham. If you were ignorant of the intentions of the leaders, why not as well apply the expression to the leader? A. Because I did not think I could offer any thing to him which he would accept. Mr. Wickham. As to the postscript, you are uncertain whether it was written at the time of the original letter? General Wilkinson. Though I am uncertain of that, yet I believe it contains a correct representation of my feelings. Mr. Randolph. In case of actual hostilities were you authorised to accept the services of volunteers? A. I should certainly think I had. Mr. Randolph. And to commission them? A. No. But I might have mustered them. The President has no power to grant commissions, but with the approbation and consent of the senate. I recollect that during the administration of Washington, volunteers were accepted. There were no commissions granted, but warrants of authority which were obligatory in those corps, but conferred no command over an officer of the line. Mr. Randolph. My question is this. If hostilities had been determined on with the Spaniards, would General Wilkinson have been authorised to accept the services of volunteers? A. I think so at present; but a reference to my instructions will more fully show. Mr. Randolph. And to drive the Spaniards beyond the Sabine and pursue them into Mexico? A. Not to pursue them beyond the Sabine. Q. If the Spaniards had not made the convention and receded from their position on the east side of the Sabine, would you have attacked them? A. Yes. Q. From your own responsibility, or the orders of the government? A. From specific instructions. I had contemplated the possibility of such an event, and had given my orders accordingly. (These orders were not offered in evidence but may be seen in note W.) Mr. Martin. Did you not drive them beyond the Sabine? General Wilkinson (smiling) said it was a sort of driving. Mr. Wickham. You say that the first intimation you had of Colonel Burr's designs, was from the cyphered letter? General Wilkinson. I have said so. But I had received a number of ambiguous hints before. Q. In what way? A. By letter. Q. When did you communicate the contents of this cyphered letter to the government? A. You will observe in my letter of the 12th of November, reference is made to a confidential messenger, Mr. Briggs, to whom I repeatedly read the cyphered letter, to enable him to communicate the contents to the President. Q. What communication did you make thro' Mr. Briggs? was it Mr. Duncan's translation? A. No. Mr. Briggs left Natchez immediately after the date of my letter of the 12th of November. Mr. Duncan's translation was made in New Orleans after I arrived there. Q. Have you the paper about you containing the instructions to Briggs? A. I gave no instructions to Briggs except verbal ones. Q. Have you the translation made by you? A. No. I have looked for it but cannot find it. Q. Was it before the grand jury? A. Yes. It was an old worn out paper. Q. Was this information by Briggs an exposition of the whole contents? A. I read the heads to him, and verbally explained the contents. Q. Was the letter completely deciphered? A. I have said so, frequently. I have said that the only interpretation made by me was hastily done at Natchez.
Mr. Wickham. Then you did not relate the whole contents to Briggs? A. I laid it before him, and explained the contents as already stated. Mr. Randolph. I think in this letter you say, "Miranda has taken the bread out of your mouth." A. No. You are quite mistaken. That letter was written, I believe in October 1805. Mr. Randolph. Admitting it to have been so far back, how came it to be a matter of surprise to you that an expedition was set on foot according to your own ideas; or that you should say, Colonel Burr's views were not distinctly known till you received the cyphered letter?—A. I had received a number of ambiguous letters from Col. Burr; and in a letter of mine to him, I made use of the expression "I fear Miranda has taken the bread out of your mouth." in order to draw from him his real object. Q. In what manner did you consider Miranda as taking the bread out of his mouth? A. If I can state the grounds of those opinions, I would say that they were derived from letters received from Colonel Burr; which I am not at liberty to disclose. Mr. Randolph. Was the position taken by the Spanish forces considered by the President as an invasion of our territory? A. Certainly.
Mr. Wickham. I understood that opinion was founded upon what appeared in the public prints. General Wilkinson. The President's orders were explicit to drive them out of the territory claimed by the United States. These orders I communicated to the Spanish commandants. Mr. Randolph. In the intercourse between you and the Spanish commandants were all the forms of war observed? General Wilkinson. In what respect? Mr. Randolph. As to military interviews, I considered this a state of war. A. Between Natchez and Natchitoches there was a constant intercourse. Mr. Randolph. But in the relation of one army to another? General Wilkinson. I can state the situation. I remember that the day on which I reached the Sabine, my advanced guard captured three Spaniards without arms on the left bank. I had them
desired that he would not permit a repetition of the trespass. Mr. Wickham. I think you said that you wrote to Colonel Burr from Natchez. General Wilkinson. When did I say so? Mr. Wickham. I thought you said so. General Wilkinson. You guess well; but if I am not mistaken, you got that information from Swartwout. Q. Did you write? A. I did. Q. What did you do with the letter? A. Destroyed it. Q. Did it go out of your hands? A. It did. It was sent to Natchez; to which place I followed, recovered and destroyed it. I will give you my reasons for doing so. After writing, I received the letter from Mr. Donaldson, dated the 30th of October, and conveying the information received from Myers Michael, which removed my doubts as to the extent of Mr. Burr's designs and their sinister nature. Mr. Wickham. Then I understand you to say, that Mr. Donaldson gave you the first correct information. A. It excited very strong apprehensions in my mind, that some general and deep-rooted conspiracy had taken place above. Mr. Wickham. You have no recollection of the letter of the 13th of May. A. No. I wish it could be produced. It would release me from all obligation to withhold the confidential letters of Colonel Burr. Q. Did you write him any other letters? A. I have an impression on my mind that I wrote him two or three letters. Mr. Wickham. The cyphered letter gave you the first idea of a plan of revolutionizing the Western country? A. The cyphered letter gave me no information on that subject. Mr. Wickham. Did you ever give the government any information before? A. I had no definite idea of Colonel Burr's plans. I had received from him several letters of a very ambiguous cast, but they contained nothing treasonable. I wrote to a minister (Robert Smith) and in my letter say, "Burr is about something, but whether internal or external, I cannot discover. I think you should keep an eye to him." Mr. Wickham. When was that letter written? A. I cannot tell, when I wrote it. Q. When was Colonel Burr at St. Louis? A. Colonel Burr was at St. Louis on the 11th of September, 1805, and left that place on the morning of the 19th. In the interim he had been in that quarter of the country where Kibby lives, though I do not know that he saw him. Q. Which Kibby? A. The fellow who gave the deposition which has been published. Q. What is the date of your orders for descending the river? A. I cannot tell. Q. Have you those orders here? A. I am not certain; most of my papers are in Williamsburg; the troops descended in the beginning of May. Q. Did you authorise any officer to arrest any person after you descended? A. No. I gave instructions to lieutenant Peter, whom I had left at Natchez, and required him to give me regular information. (See deposition of lieutenant Peter note X.) At the time I descended the river we had no posts except the Chickasaw Bluff on the Mississippi, and Massac near the mouth of the Ohio, except a small party at the Arkansas, and another opposite to Cincinnati. Mr. Hay. Was there any post between the Chickasaw Bluffs & Massac? A. No. Was there any military post between Pittsburg and New Orleans. A. None, except those which I have mentioned.—Mr. Wickham asked General Wilkinson for his alphabetical cypher, who went to his lodgings for it.
In the mean time, the Court examined GABRIEL G. VAN HORNE.
Witness.—I was at the Chickasaw Bluffs, at the time of Colonel Burr's descent down the river. On the 4th day of January, 1807, Lieutenant Jacob Jackson came to the United States' Factory at Fort Pickering, accompanied by a gentleman, whom he introduced to Thomas Peterkin, United States' Factor, Peter Morgan and myself clerks to said Factory, as Colonel Aaron Burr. After some conversation Colonel Burr and lieutenant Jackson left the Factory, and went to the garrison. Shortly after one of the soldiers of the garrison, came to the factory, with an order signed A. Burr, for 30 weight of lead; 28 lbs. were delivered to the soldier. In the space of about 4 hours, the same soldier returned to the factory, with a number of musket balls in his hat, saying he wanted to have them weighed, to know how much the original quantity had lost in running the balls. After his having them weighed, he took them away in his hat. In the course of the day, some boats came to the Bluff, and the men came up to the factory. Colonel Burr requested Mr. Peterkin to let the men have goods and he would pay for them. Colonel Burr was frequently at the factory in the course of the day, and often had conversations with Mr. Peterkin.
In the evening, Mr. Peterkin, Mr. Morgan and myself, went to the garrison, where we found Colonel Burr. I took notice that Colonel Burr was frequently called to the door by the men that had arrived in the boats, to have private conversation with them. Lieutenant Jackson asked Colonel Burr, when Mr. Blennerhasset would be there? to which Colonel Burr replied, that he was then floating by, and could not land his boat. In the morning Colonel Burr came to the factory, and demanded a bill for the articles which his men had got the day before. one bill was made out, amounting to 60 or 70 dollars, which he paid. The only articles I can remember, were, the lead, 3 doz. tomahawks, and 3 bear skins. After paying the bill, Colonel Burr departed, and I saw him no more.
Cross-Examined. Mr. Burr. What kind of tomahawks were these; were they intended for war or for more peaceable purposes? A. They were such as were generally used for shingling. Mr. M c Rae.
Would they do well for fighting? A. They would answer very well. Mr. Wickham to Gen. Wilkinson, after his return to court. Can you ascertain when the hieroglyphic cypher was made? A. The arbitrary characters were designed, I think, in 1794; but I do not say it was given to col. Burr at that time. Mr. Wickham. Will you give me leave to ask upon what occasion it was formed? Gen. Wilkinson. I will with pleasure. Pending the indian war, we had unhappily much dissention in the army. I felt myself extremely oppressed and persecuted, and I had reason to believe that every artifice was put in operation to injure my standing with the government, and to have me removed from service if possible; and there were many who shared my persecution. In the autumn & winter of the year alluded to, a number of officers retired from the army either on furlough or by resignation, among whom was that most gallant officer captain Leonard Covington, since a member of Congress. At this time my quarters were embosomed in a wilderness, and remote from any post-office, and we had no regular mail. The cypher was therefore designed to secure safety to a free correspondence and an unreserved interchange of sentiment respecting public men and public measures, particularly such as related to the army. Mr. Wickham. I think you say it was formed in 1794? A. Yes. and I will give you my reasons. I have another cypher in which the hieroglyphics representing the President and Vice-President are the same as in that now before the court, which was designed by capt. Smith for capt. Covington in the year 1794? at the time he retired from the army. [See an extract of a letter from capt. Covington to Gen. Wilkinson. Note Y.] Mr. Wickham. I observe the word republican is represented in the hieroglyphic by '76, aristocratic by '89, navy by '96, City of Washington by a single house and that an indifferent one. Pray, why was that, as the seat of government was not removed till many years afterwards? I observe the city of Washington, but not Philadelphia, nor any place mentioned as the seat of government? A. The cypher was formed by my aide-de-camp, capt. Smith; and the designations originated in his caprice, without my privy or participation. Mr. Wickham. Do you recollect for what purpose New Orleans was designated in the hieroglyphic? A. I can probably account for it. If you will refer to those periods, you will discover that we were in an equivocal situation with all the maritime powers, more particularly with England and Spain. The navigation of the Mississippi had been a subject of much discussion, and one in which the western people felt a considerable degree of interest. The Ohio is also designated. That is probably confined to mere locality. We were then engaged in a war with the Indians, and were in the woods on the waters of the Ohio. I have before said, that I could not account for the various designations; but I offer these as circumstances which may have influenced capt. Smith in forming them. Mr. Wickham. Do you recollect when the alphabet in cypher was put on this paper, (alluding to a paper on which the hieroglyphics were written, which he then held in his hand?) A. Last winter, I believe, they were put on to prevent them from being lost. Mr. Wickham. Have you brought up the letter or communication from the government, which we wished to have here to look at? A. I have not.
Mr. Hay. I think you said there was no military post between Pittsburg and New Orleans, but Fort Massac, the Chickasaw Bluffs and one at Cincinnati. A. Yes. That at Cincinnati was established by the government after the flight of Blennerhasset. Mr. Hay. Was there none at Natchez? A. There were only lieutenant Peter and a few men left at that place to keep a look out, and give me regular information.
Mr. Hay then begged leave to introduce the testimony of George Poindexter, esq., who was accordingly examined.
GEORGE POINDEXTER, Esq.
Mr. Hay. Is this the original agreement entered into between Cowles Meade, acting governor of the Mississippi Territory, and Aaron Burr? A. Yes. If it is proper, sir, I will state the circumstances which led to the agreement, and colonel Burr's surrender to the civil authority of the Mississippi Territory. Chief Justice. Proceed, sir. Witness. On the day preceding the date of this agreement, I was appointed by the Hon. Cowles Meade, then the acting governor of the Mississippi Territory, an honorary aide-de-camp, for the express purpose of visiting col. Burr at the boats near the mouth of Bayou Pierre; on the western margin of the river Mississippi; which I did in company with major William B. Shields. The object of this visit was to gain correct information as to the situation of Burr, to ascertain his views so far as he would communicate them, and to procure his pacific surrender to the civil authority. We were accompanied by a Mr. Ralston, one of Burr's party, who had called on Judge Rodney to give his deposition. We arrived that night at Judge Bruin's, who resides near the mouth of Bayou Pierre. The next morning we proceeded down the river till we came opposite to col. Burr's boats, and Ralston gave a signal for a boat, which was immediately sent over for us. Before we embarked, we were joined by col. Thomas Fitzpatrick. Several persons, then unknown to me, but whose names I have since understood, came on horseback.
* Mr. Poindexter was Attorney General of the Mississippi Territory, but lately resigned that office, on being elected to Congress.
to the bank of the river and crossed with us; I supposed them to be agents, sent by Burr into the country, to collect information respecting the public sentiment concerning him, and to induce the citizens to believe his plans were laudable and sanctioned by government. When we reached the western bank of the river, we were met by col. Burr, to whom major Shields handed a letter, of which he was the bearer from Mr. Meade, acquainting col. Burr with the object of our visit. In the letter there was a sentence relating to the restoration of tranquility in the territory, which sentence Burr repeated once or twice with a sneer, adding, that "he had no intention to injure the citizens of the U. States." Col. Burr then expressed himself to this effect: "As to any projects or plans which may have been formed between General Wilkinson and myself heretofore, they are now completely frustrated by the perfidious conduct of Wilkinson, and the world must pronounce him, a perfidious villain." Burr also, in speaking of Wilkinson, said, "If I had sacrificed my Port Folio will prove him to be a villain." He further stated, that so far from having any designs hostile to the citizens of the United States, he had intended to have met Mr. Meade at Gibson Port, on the day of a general muster, which happened at that place about the time of his arrival at Bayou Pierre, but was deterred from doing so, by a belief that he would be assassinated, were he seen passing thro' the territory. He then pointed to his boats and asked, if there was any thing military in their appearance. I told him, it was true his men did not appear to be armed, but they were just such persons as I should expect to see about a camp; they did not seem to be in a situation to settle themselves on farms. I also remarked to col. Burr, that I had no hesitation in giving him the most perfect assurance of personal safety while in the territory, until he should be disposed of according to the laws of his country; that the object of Mr. Meade in calling out the militia was to preserve inviolate, the laws and constitution of the United States; that if that object could be secured without the employment of force, it would be preferable, but assured him that force would be used if necessary, for which purpose the militia were then on their march to arrest his progress. Col. Burr declared his willingness to submit to the civil authority, and proposed that an interview should take place between himself and the acting governor, on the next day, at some convenient place in the territory, that we should guarantee his person from actual violence in the mean time, and restore him to his boats, if Mr. Meade should not accept his surrender to the civil authority; that his boats and people should keep the position they then occupied, until after the proposed interview took place, and that in the meantime, his people (as he called them) should commit no breach of the peace, nor violate any law of the United States or of the Mississippi territory. The place designated at which col. Burr should meet the executive, was the house of Thomas Calvit, a respectable citizen of the Mississippi Territory, who resides near the mouth of Coles Creek, where the detachment of militia which had ascended the river were stationed. The substance of these propositions was committed to writing at the request of col. Burr and copies interchanged; the copy given to col. Burr is in the hand writing of m c Shields, and that which remained in our possession, is in the hand writing of colonel Burr, subscribed by him in my presence, and also by the witness, col. Thomas Fitzpatrick. Col. Burr, according to stipulation, descended the river on the 17th day of January last, (the day after the agreement was entered into) as far as the mouth of Coles Creek, in company with col. Fitzpatrick, who directed him to be taken in charge by capt. Davidson's company of dragoons and conducted to the house of Mr. Calvit. In a short time after colonel Burr's arrival, Mr. Meade and himself commenced a conversation on the subject of his surrender to the civil authority of the territory. I do not know every thing that passed between them, but understood the following terms were offered to col. Burr by Mr. Meade. 1. That the agreement entered into for the purpose of procuring that interview, should be declared void. 2. That Burr should surrender himself unconditionally to the civil authority and proceed directly to the town of Washington. 3. That his boats should be searched, and all military apparatus found on board of them to be disposed of as the executive should think fit. To these terms Mr. Meade required colonel Burr's unequivocal reply, as I understood, in 15 minutes, and if not agreed to, Burr was to be instantly returned to his boats, and the militia ordered to seize the whole party by force. The terms were agreed to and carried into effect. Col. Burr declared himself unwilling to fall into the power of Gen. Wilkinson and requested that if any attempt should be made to seize him by a military force from New Orleans, that it might be opposed. I was myself of opinion, that gen. Wilkinson would make no such attempt, as it would tend to subvert the laws and constitution of the United States, and also the municipal regulations of the territory. Had such an effort been made, while Mr. Meade was the acting governor, I have reason to believe, that he would have maintained the empire of the law and the rights of the civil authority by force, if necessary. Major Shields and myself attended col. Burr to the town of Washington, where he was delivered over to the custody of the law, and the examination of the witnesses immediately commenced.
(Continued in fourth page.)

(Continued from fourth page.) coming to my recollection, I have examined amongst my old papers, and found the cypher, which is at your service, if it, and the circumstances connected therewith, can in any way, advantage you. Pray snatch one moment, if possible, and let your friends here know how you feel and are situated, &c. &c. Your favors by Mr. J. Johnson, all came safely to hand, and have warmed the feelings of your friends in this quarter. I pray God to keep you in his holy protection; and that he may make thine enemies thy footstool: Farewell. L. COVINGTON. Gen. JAS: WILKINSON.
DUPLICATE. (7) Washington, January 3, 1807.
DEAR SIR, I had intended yesterday to recommend to Gen. Dearborne the writing to you weekly by post, to convey information of our Western affairs as long as they are interesting; because it is possible, tho' not probable you might sometimes get the information quicker this way than down the river, but the General received yesterday information of the death of his son in the E. Indies, and of course cannot now attend to business. I therefore, write you a hasty line for the present week, and send it in duplicate by the Athens and the Nashville routes.
The information in the enclosed paper as to proceedings in the state of Ohio is correct. Blennerhassett's flotilla of 15 boats, and 200 barrels of provisions are seized, and there can be no doubt that Tyler's flotilla is also taken, because on the 17th December, we know there was a sufficient force assembled at Cincinnati to intercept it there, and another party was in pursuit of it on the river above. We are assured that these two flotillas composed the whole of the boats provided. Blennerhassett and Tyler had fled down the river. I do not believe that the number of persons engaged for Burr has ever amounted to 500, tho' some have carried them to 1000 or 1500. A part of these were engaged as settlers of Bastrop's land, but the greater part were engaged under the express assurance that the projected enterprise was against Mexico and secretly authorized by this government. Many were expressly enlisted in the name of the United States. The Proclamation which reached Pittsburg, December 2, and the other parts of the river successively, undeceived both these classes and of course drew them off; and I have never seen any proof of their having assembled more than 40 men in two boats from Beaver, 50 in Tyler's flotilla, and the boatmen of Blennerhassett's. I believe therefore that the enterprise may be considered as crushed, but we are not to relax in our attentions until we hear what has passed at Louisville. If every thing from that place upwards be successfully arrested, there is nothing from below that (is) to be feared. Be assured that Tennessee, and particularly Gen. Jackson are faithful. The orders lodged at Masson and the Chickasaw Bluffs will probably secure the interception of such fugitives from justice as may escape from Louisville, so that I think you will never see one of them. Still I would not wish, till we hear from Louisville, that this information should relax your preparations in the least, except so far as to dispense with the militia of Mississippi and Orleans leaving their homes, under our orders of Nov. 25. Only let them consider themselves under requisition, and be in a state of readiness, should any force, too great for your regulars, escape down the river. You will have been sensible, that those orders were given while we supposed you were on the Sabine, and the supposed crisis did not admit the formality of their being passed through you. We had considered Fort Adams as a place to make a stand, because it covered the mouth of Red river. You have preferred New Orleans, on the apprehension of a fleet from the West Indies. Be assured, there is not any foundation for such an expectation, but the lying exaggerations of these traitors to impose on others and swell their pretended means. The very man whom they represented to you as gone to Jamaica and to bring the fleet, has never been from home and has regularly communicated to me every thing which had passed between Burr and him. No such proposition was ever hazarded to him. France or Spain would not send a fleet to take Vera Cruz; and tho' one of the expeditions, now near arriving from England, is probably from Vera Cruz, and perhaps already there, yet the state of things between us renders it impossible they should countenance an enterprise unauthorized by us. Still I repeat that these grounds of security must not stop our proceedings or preparations, until they are further confirmed. Go on therefore with your works for the defence of New Orleans, because they will always be useful, only looking to what should be permanent rather than means merely temporary. You may expect further information as we receive it; and tho' I expect it will be such as will place us at our ease, yet we must not place ourselves so, until we are certain, but act on the possibility that the resources of our enemy may be greater and deeper than we are yet informed.
Your two confidential messengers delivered their charges safely. One arrived yesterday only with your letter of Nov. 12. The oral communications he made to you are truly important. I beseech you to take the most special care of the two letters which he mentioned to me, the one in cypher, the other from another of the conspirators of high standing, and send them to me by the first conveyance you can trust. It is necessary that all important testimony should be brought to one centre, in order that the guilty may be convicted, and the innocent left untroubled. Accept my friendly salutations and assurances of great esteem and respect.
TH: JEFFERSON. FOR SALE, Two Milch Cows, Which have been raised in town. Enquire of the Pomeroy. Richmond, Oct. 22, 1807.
FROM THE PUBLIC ADVERTISER. OF THE JUDICIARY AND THE CONDUCT OF CHIEF JUSTICE MARSHALL.
The article in the federal constitution which establishes the judiciary is, in every sense it can be viewed, vague and defective, and requires amendment. I will first quote the article and then show its defects. The article says,
"The judicial power of the U. States shall be vested in one supreme court and in such inferior courts as congress may, from time to time, ordain and establish. The judges both of the supreme and inferior courts shall hold their offices during good behavior."
This is all the constitution says on the subject. Now it naturally and necessarily follows that if the judges are to hold their offices during good behavior, there must be a power somewhere, to judge of that good behavior or the breach of it, but of this the constitution is silent, and herein lies its defect.
The establishment of the judiciary in several of the state constitutions is much better arranged than it is in the federal constitution. In the Pennsylvania constitution it is expressed as follows.
"The judges of the supreme court, and of the several courts of common pleas shall hold their offices during good behavior. But for any reasonable cause, which shall not be sufficient ground for impeachment, the governor may remove any of them on the address of two thirds of each branch of the legislature."
Some other of the state constitutions, like those of New-Hampshire and Massachusetts, make them removable on the address of a majority of the legislature, by which I suppose, is meant the joint vote of both houses. But in either case, as all other matters determinable by voting are decided by majorities, no sufficient reason can be given why judges should be higher privileged than other citizens. A president of the U. States is removable by a majority of the elections and a judge ought to be the same by a majority of the representatives. But the case was, that in the federal convention and in some of the state conventions, the judiciary department was formed by lawyers, and as they might expect to be judges themselves, they contrived to make the removing of them difficult, but that difficulty does not destroy the right; it naturally resides in the sovereignty of the whole people and from them it devolves on their representatives. It would however have been better had the constitution expressed the manner of doing it, and distinguished between reasonable cause for removing a judge and conduct so very bad as to become impeachable. It is equitable to say that the same defect of character and conduct which, if known, would render a man unfit to be appointed judge, ought, if committed afterwards, to disqualify him from holding the appointment.
The conduct of judge Marshall on the trial of Aaron Burr is involved in intricacy and mystery. He has assumed too much, and acts as if he was one of Burr's council.
On the trial at London between Horne Tooke and Charles Fox for an undue election for the city of Westminster, the judge, Kenyon, frequently interrupted Horne Tooke in the information he was giving the jury respecting that election. At length Horne Tooke said, it is proper my lord, to settle this matter before we proceed farther. There are two parties in this suit, myself as plaintiff, and Mr. Fox the defendant; and the jury when they have heard the whole case are to be judges. The duty of your lordship and the error of the court is to keep order. After this well timed reproof Kenyon permitted the trial to go on.
Judge Marshall's opinion on the motion of Burr's counsel to arrest the evidence against him is full of quibbles "Ought," says he, the court (meaning that it ought not) to see and hear testimony, which cannot affect the prisoner, or ought the court to arrest that testimony." To which I answer, That until the testimony be heard it cannot be known whether it will, or will not affect the prisoner either to discharge or acquit him, and therefore the court has not the right or the power to prevent its being heard.
The testimony is for the jury, and it is the duty of the court to keep order whilst the witnesses are giving their testimony. But Mr. Marshall assumes to judge of testimony before he hears it, he invades the province of the jury, and he lays down a string of quibbles before hand to make himself a ground to stand upon. To prevent testimony coming before a jury is a suppression of testimony, and is the next offence to subornation of testimony. The latter is impeachable, the former is reasonable cause for removal.
Burr's counsel set out at the commencement of the trial, with strong declarations of innocence, but in no instance, have they attempted to prove that innocence. All their quibbling has been contrived to prevent evidence proving him guilty, that he might escape negatively. They have labored to waste time by continually interrupting the progress of trial, and to weary out the patience of the witnesses on the part of the prosecution that they might go away without giving their evidence; and the court has so far countenanced the views of Burr and his counsel that it was not till after Mr. Hay declared he would adjourn to the Washington Tavern and take the testimony there, that the court permitted the testimony to go on—Marshall then saw it best to pull in his horns as Kenyon had done. But it would perhaps have been better had Mr. Hay done as he proposed and laid the whole matter before congress. The opinion of Mr. Marshall, that corroborative or subsequent testimony cannot prove the overt act upon Burr is not well founded. The absence of Burr from Blennerhassett's island while the assemblage of troops were going on, might be, and very probably was, a contrived designed thing to avoid being present lest he should be apprehended in the very act; and if such testimony had come for ward, and Mr. Marshall could not know it would not, will Mr. Marshall say it would not connect Burr immediately with the overt act of raising and assembling troops, which no individual
has the right of doing without the authority of the government. If he says it would not, then I tell him his law is not common sense and that it is law of his own making. Why is Mr. Marshall so unwilling that testimony should come forward? Is he afraid he may be implicated himself? According to evidence, Burr had given out that government was privy to his proceedings and approved them. He may also have said that the Chief Justice approved them. We know that Gaylord Griswold in his letter to Mr. Hathway, in speaking of some former conduct or misconduct of Burr, said, "the judges of the supreme court are with Burr," and Mr. Marshall is now giving corroborative symptoms that the declaration is true.
Mr. Marshall cannot but know he is a suspected character. He is one of John Adams's judges. It was the plan of Adams and the faction he acted with, to get possession of the judiciary for the evident purpose of embarrassing and making head against the administration that was to follow. He appointed sixteen new judges, at an additional expense of 32,000 dollars annually, but the first session after, a new administration repealed the act under which they were appointed, and saved the country that unnecessary expense. All the circumstances of John Adams's administration shews, that the plan of the faction he acted with, was to overturn the representative system (which is the honor and glory of America) and establish a government similar to the corrupt, oppressive government of England, which John Adams, idiot like, called a stupendous fabric of human wisdom . But as this could not be done without a standing army, for the citizens would never have voted away their own rights, the pretence that France intended invading and conquering the United States was given out and industriously circulated for the purpose of raising that army. A greater falsehood could not have been invented. Marshall was one of that junto—Adams, after his quarrel with Pickering, appointed Marshall secretary of state, and afterwards chief justice.
It is highly necessary that the several states take the article in the federal constitution which establishes the judiciary into consideration. Under the pretence of making judges independent they are made absolute, and there is not perfection enough in man to be trusted with absolute power. No man living in society ought to be independent of society; and as there are no men in whom the citizens of the United States can confide so well as their own representatives, judges ought for "reasonable cause," to be removable on the joint vote of a majority of both houses of congress.
The trial of Burr has been an enormous expense upon the United States, and this is a great measure by the contrivance of the chief justice. Burr has six counsel who take turns to interrupt the progress of the trial by repeated motion to arrest the evidence. This is not the way to prove Burr innocent, for if he was innocent he would defy testimony. It is the natural character of innocence to do so.
The chief justice, however, has countenanced the counsel in making those motions. Much more time has been wasted in debates whether a witness should be heard than would have been taken up by the witness giving his testimony. This is not justice either to the government or to the public who are to pay the expenses. It appears to me like one culprit trying another.
COMMON SENSE.
WASHINGTON CITY, October 19.
By the President of the United States of America,
A PROCLAMATION.
Whereas information has been received that a number of individuals who have deserted from the army of the United States, and sought shelter without the jurisdiction thereof, have become sensible of their offence, and are desirous of returning to their duty, a full pardon is hereby proclaimed to each and all of such individuals as shall, within four months from the date hereof, surrender themselves to the commanding officer of any military post within the United States, or the territories thereof.
In testimony whereof, I have caused the seal of the United States to be affixed to these presents, and signed the same with my hand. Done at the city of Washington, the fifteenth day of October, in the year of our Lord one thousand eight hundred and seven, and of the independence of the United States of America the thirty second.
TH: JEFFERSON. By the President, JAMES MADISON, Sec'y of State.
NORFOLK, Oct. 13.
On Saturday the examination of the witnesses before the Court of Inquiry held on board the Chesapeake commenced. Four of the officers were examined, but considering ourselves restricted from publishing any part of the testimony, we shall only observe that the proceedings of the court were conducted with great candour and decorum. The witnesses gave very clear, and as far as we could judge very impartial testimony.
Interesting Publication A pamphlet on the affair of the Chesapeake was yesterday issued from the press. It is evidently written by some gentleman thoroughly qualified by his information and talents to investigate and explain the important subject to which he has devoted his attention.
ADVERTISEMENT. Just Received, a General Assortment of Dutch Bolting Cloth, Of a superior quality. Oct. 22, 1807. J. Darmsdatt.
Virginia Argus. RICHMOND: FRIDAY, OCTOBER 23, 1807.
CIRCUIT COURT.
THE LATEST PROCEEDINGS IN THE CIRCUIT COURT MORE PARTICULARLY STATED THAN IN THE LAST ARGUS.
SATURDAY, October 17.
Mr. Lemuel Henry of the Mississippi Territory (who heretofore gave in his testimony) was again called at the instance of Col. Burr, and examined.
Question by Col. Burr. Mr. Henry, were you at the town of Washington when I came there? A. Yes. Q. Was there a guard established in the street and about the house in which I lodged? What message did I send to Cowles Meade concerning it? And what was his answer? A. There was a guard stationed as you mentioned; but Mr. Meade said it was intended as much for the protection of your person as for the public safety. Q. Did I desire you to remonstrate with Mr. Meade against the establishment of that guard as a violation of our treaty or agreement? A. You desired me to remonstrate with him about it, and I understood you to complain of it as a violation of his agreement with you. I mentioned this to him, and he said that the guard was necessary for your protection, as well as for the public safety.
Mr. McRae. Do you know any thing about that armistice? A. Only from report. Q. Any thing from Cowles Meade? A. Not at all.
Mr. Power was then introduced.
Col. Burr. This witness is to be examined for two purposes. First, to verify certain papers. Secondly, to prove that Gen. Wilkinson was at a certain period in the pay of the Spanish government; and, then, by other witnesses, we shall prove that his pay has continued; and that he has frequently been in the habit of receiving large sums of Spanish silver. The object is to impeach his credibility by proving the falsehood of his declaration that he had not corresponded with the Baron de Carondelet.
Mr. McRae said it was not regular to offer proof of an particular crime to impeach the credibility of a witness. No rule of evidence is more clear than that the general character of the witness is all that should be investigated for that purpose; since every man ought to have notice to enable him to defend himself against any specific charge. He observed that Gen. Wilkinson had heretofore been slanderously accused of being a pensioner of Spain; that being desirous of giving his calumniators an opportunity of proving their charges against him, he had once requested Gen. Washington, when he was president, and afterwards Mr. Adams, to direct a court martial for his trial; but they (satisfied of his innocence) refused to his request. Gen. Hamilton also declared that he thought the charge a slander, and a trial unnecessary.
Mr. Wickham. Receiving money from the king of Spain is not an indictable offence. Our ground of defence is that Col. Burr's expedition was in concurrence with Gen. Wilkinson, against the dominions of the king of Spain, in case of a war. If we prove that, at the time Wilkinson was pretending to favor Burr's expedition, and secretly determined to defeat it, he was receiving a Spanish pension, this will explain his conduct. He defeated the enterprise of Burr by hatching a charge of treason against the United States, on purpose to serve the king whose money he was receiving.
Mr. Martin. I am not surprised that gentlemen should have so much feeling on this subject; especially the gentleman who made this objection. There can be no prosecution against a man for receiving Spanish money. Mr. Benjamin Sebastian, in Kentucky, was indeed accused of this as an offence; and it was proved upon him; but I have not heard, though he voluntarily resigned his office of Judge, that any prosecution was instituted against him. For my part I wish there was a little more Spanish money among us. I should like to have some of it myself. We wish to shew that Gen. Wilkinson is interested in the destruction of Col. Burr; that he has placed himself in such a situation that he must hang Col. Burr, or be himself eternally detected. He offered to be tried by a Court Martial, because he knew that the only witness against him was out of the power of the process of the United States; being in the dominions of the King of Spain.
Mr. McRae. The gentlemen have heretofore been arguing that the United States were in fact at war with Spain. If so, it would have been a great crime in Wilkinson, an officer of the United States, to receive a pension from the King of Spain.
Mr. McRae also read a part of the 9th Sec. of Art. 1, of the Constitution of the United States, which declares that "no person, holding any office of profit or trust under them, shall, without the consent of Congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince or foreign state." Would it not then, said Mr. McRae, be a crime in Gen. Wilkinson, holding a commission under the government of the United States, to violate the constitution by receiving a present from the king of Spain? Being admitted to be a crime, it cannot, under the rule of law which I mentioned, be offered in evi-
dence. If, in fact, any money was received by him, it might have been in commercial intercourse with some Spanish officer; and, if he had been informed in time of the accusation against him, he might have explained the circumstance, and shown that such was the case.
Mr. McRae also remarked the inconsistency of the arguments of the counsel for Col. Burr; their insisting that his intentions were perfectly innocent, (being merely the settlement of Washita lands,) and yet attempting to brand Gen. Wilkinson with guilt, for being a participant in those intentions. If they were both equally guilty, this would not render Aaron Burr less criminal.
Mr. Wickham. We never said that Gen. Wilkinson and Col. Burr were equally guilty. What I said was that both were engaged in an honorable enterprise in the event of a war with Spain. What we charge Gen. Wilkinson with, is having united with Col. Burr, and then deserting him—turning traitor or—representing the case quite differently from the truth.
The Chief Justice. It is absolutely necessary to hear the testimony to judge of the fact. The only difficulty is that it does not appear, under the impressions I now have, what effect it can have. If it was proved that Gen. Wilkinson had been a pensioner of the court of Spain, it could have no influence on the case.
Mr. Wickham. We say that General Wilkinson had an interest with the king of Spain, and in order to preserve the dominions of that monarch which he knew were about to be attacked, he withdrew from Col. Burr, and represented an enterprise which was perfectly innocent and eventual, as one highly criminal.
Mr. Martin. Gen. Wilkinson, by betraying Col. Burr, had a double motive; the one was to acquire favor with his own government, the other with the king of Spain.
The Chief Justice. I do not understand it to be your object to prove a continuing pension.
Col. Burr. Our object is to prove the receipt of fourteen thousand and odd dollars at one time, and some knowledge of the payment of other sums of money to Gen. Wilkinson.
Col. Burr to Mr. Power. Are you acquainted with Alexis Bon Ami? A. Yes. Q. Do you know his signature? A. I think I do. Q. Is he a justice of the peace in New Orleans? A. Yes. [Here Colonel Burr produced a certificate from the office of the Secretary of State, shewing that M. Bon Ami was a justice of the peace for New Orleans.] Colonel Burr. Are you acquainted with the signatures of Messrs. Derbigny and Mercier? A. With both very well. Col. Burr. Will you look at those papers, (shewing him their depositions, signed by them respectively, and attested by Bon Ami,) a justice of the peace for New Orleans? Mr. Power said he believed the signatures to those depositions, were in the hand writing of the persons whose names were annexed to them. Col. Burr. Do you know whether M. Mercier was subpoenaed to attend here? A. I believe he was. I heard him say that he was subpoenaed, but the afflictions of his family were such, arising from the death of his father-in-law, that he could not possibly attend. Col. Burr. Do you know why M. Derbigny is not here? do you know whether he was subpoenaed? A. I heard him say he was. Q. Why did he not attend? A. I heard him say it would be the utter ruin of his family, if he were to take such a long and expensive journey, and in the meantime neglect his business. Col. Burr. Is he a man upon whose personal exertions his family depend for a subsistence? A. I believe so.
Col. Burr to Mr. Power. Do you know of any correspondence in cypher by Gen. Wilkinson with Baron Carondelet? [Mr. Hay objected to the question on the grounds before stated, and because the answer, whether it be in the negative or affirmative, could have no influence on the cause. Mr. Wickham said, that Gen. Wilkinson in the course of his examination had been asked whether he had been in the habit of corresponding with the Baron Carondelet in cypher, and had answered "No," but immediately afterwards said "he did not recollect." He admitted that the answer of Gen. Wilkinson was hastily given; but still, if we are able to prove that he had been in the habit of corresponding with the Baron de Carondelet in cypher, his saying that he did not recollect such a correspondence, will have a direct tendency to weaken his testimony. If a witness has sworn to a particular fact, altho' immaterial to the cause, the opposite party may falsify that part for the purpose of impeaching the credibility of the witness.]
Col. Burr repeated the last question to Mr. Power. Do you know of any correspondence in cypher by Gen. Wilkinson with the Baron de Carondelet?
Mr. Power (addressing the Judge) I hope the court will indulge me with a few remarks in order to show the delicacy and hardship of the situation in which I am placed. I had for many years previous to the cession of Louisiana to the U. S. been a Spanish officer and a Spanish subject. [Q. Are you a Spanish officer now? A. Yes.] my domicile is in New Orleans, but I reside there, under a stipulation in the treaty, which allows that privilege. Under this safeguard and protection, I was residing, and little expected that I should be disturbed or molested for things of which I know nothing. On the 16th of August an attorney or agent of colonel Burr presented me with a subpoena. I

objected to receiving the subpoena, saying that it was irregular and illegal, first, because no writ could be served on a Sunday, and secondly, because it ought to have come through the hands of the Marshal of the district. I soon found that my objections were nugatory. I had heard that several others had been subpoenaed, and were excused from attending by giving their affidavits. I offered to do the same, and to declare that I was totally ignorant of Burr's plans.
Those objections of mine were not admitted; nor would my affidavit have been received. On my expressing a reluctance to attend, I was given to understand, by the agent of Col. Burr, that by the same authority which was exercised on Knox last winter and by which he was put on board a ship and confined with malefactors, I should be treated in the same way. This, I confess, had more weight with me than all his logic. [Col. Burr. Are you about to object to answering the question? A. I am, Sir.] I believe it is a fact too generally known that for several years prior to running the boundary line between the U. States and the Spanish provinces, I was employed as an agent for my government. [Mr. Hay. Are you going to answer the question as to the correspondence? A. I am about to shew my situation to be so delicate, that I cannot consistently with honor answer it, nor can I answer any question which may operate against the King my master.] Col. Burr. Had you any mercantile connexion with Gen. Wilkinson? A. I had not.
Col. Burr said that he did not think there had been any pretext offered which would justify an evasion of the question.
Mr. Power. What would be the amount of the deposition of a man, who in the very act of deposing, was breaking his most sacred engagements, and pronouncing himself a purged villain.
Col. Burr. Are you under the obligation of an oath, as to the transaction? A. I am under the obligation of the honor of an officer;—an obligation of the highest dignity which was imposed upon me when I accepted the badge of my office. I never did repeat any set form of words; the mere formulary of an oath was never proposed to me; and my superior officer knew my sentiments too well to offer me such an insult. Such a proposition I should have rejected with disdain and indignation.
Mr. Wickham said that, however unpleasant it might be to Mr. Power to answer the question; or whatever his ideas might be as to his honorary engagements, still it was necessary for the sake of justice that the question should be answered.
Mr. Power's being an officer of the King of Spain could not release him from the obligation to give evidence in a court of justice. He was now here, within the power of the court, and would be dealt with as any other citizen of the U. States.
The Chief Justice said the question must be answered; though he was very sorry that the necessity existed. The objection to answer was not a valid one.
Mr. Power. I have already said that when the interest of the king my master is implicated, I will not answer. The court may take what measures it pleases. (Addressing Col. Burr) Place yourself in my situation, Col. Burr; put your hand upon your own bosom, and say what you would do yourself.
Mr. Martin, (in a plaintive tone of voice,) begged Mr. Power to recollect that the life of a man was at stake; a man who was prosecuted with vigor by his own government. He must recollect the importance and necessity of calling in the aid of all the evidence which can be procured to exempt him from unmerited punishment.
Mr. Power. I feel full well the situation of Col. Burr. But I have more at stake than Col. Burr. I have my honor, my reputation, which are more dear to me than life or property. What would my family, my children, do with property, if these were violated?
Mr. Wickham said he would not press the answer at that time, nor apply to the court to take the necessary measures to enforce it; but would give Mr. Power a few hours to reflect. He will be expected to attend here at 3 o'clock, at which time the same question will be repeated.
Mr. Power attended a little before 3 o'clock, and remained for several minutes after. But Mr. Wirt being then in the midst of his argument, he was not called till after he had left the court room. He was again introduced on Monday.
Colonel Burr offered to read the depositions of Messrs. Mercier and Derbigny.
Mr. Hay objected, both because it was improper to read depositions where the witnesses might be had; and because they contained matter improper to be given in evidence. He insisted the deposition of Mr. Stoddart, which the court would not suffer to be read, although, besides being subpoenaed, he [Mr. Hay] had written him several letters pressing his attendance. He said that the absence of the witnesses could not be justified on the grounds stated by them. The excuse offered by one was nothing but the death of his father-in-law; and by the other was, that the distance and expense attending the journey, and the loss of his personal exertions for a subsistence to his family would produce utter ruin to them, if they were to attend. Many other witnesses had attended under circumstances much more oppressive.
The counsel for Colonel Burr contended that there was a wide difference between the case of Mr. Stoddart and that of these witnesses. Mr. Stoddart was convenient to the court, and his attendance might be enforced. Besides they did not understand the deposition of Mr. Stoddart to be absolutely, but only provisionally rejected; and that it might be read, if his attendance could not be procured.
The Chief Justice decided that the deposition might be read if they contained no matter which was improper to be given in evidence. It was finally agreed that the judge should take the depositions and select such parts as were legal evidence.]
MONDAY, Oct. 19. After Mr. Wirt had finished his excellent speech, the examination of several witnesses took place.
The question concerning Mr. Power's refusal to give evidence recurred. That gentleman was still determined not to reveal any political transactions in which he had been employed as an officer of the Spanish government.
The counsel for Colonel Burr insisted that he should be compelled to state all that he knew concerning a correspondence between Gen. Wilkinson and the Baron de Carondelet. The Chief Justice observed that the existence of such a correspondence could be of im-
portance in the present case, no farther than it might be considered as discrediting General Wilkinson's declaration, that he did not recollect his having carried on a correspondence with the Baron de Carondelet, in a cypher similar to that which was used by Colonel Burr. He said that the object of that correspondence would, if explained, have no effect on his decision relative to the motion now before him. He therefore required Mr. Power to answer questions as to the existence of such a correspondence, but not as to its objects.
Mr. Power was then examined, and stated that a correspondence in a complicated cypher, in which a small dictionary was used, was carried on for some time between General Wilkinson and the Baron de Carondelet; but whether it was the same as that used by Colonel Burr he did not know.
Mr. Samuel Swartwout (the same person who delivered Col. Burr's letter in cypher to General Wilkinson, and who was afterwards arrested by the latter and sent from New Orleans to the City of Washington) was also sworn, and, as might have been expected, contradicted the testimony of the General in every particular that went to criminate himself or Colonel Burr.
Colonel Cushing (whose deposition is already before the public) was examined. His evidence corresponded with that deposition in every point of any consequence.
Lieutenant Jacob Jackson (who had the command of the troops of the United States stationed at the Chickasaw Bluffs at the time when Colonel Burr, in descending the river, arrived at that place,) was next introduced, and proved to be a very important witness on the part of the prosecution. His testimony at full length is published in the Argus of this day.
TUESDAY October 20.
The Chief Justice has just delivered his opinion on the motion, which has so long been agitated, for the commitment of Aaron Burr, Harmon Blennerhassett and Israel Smith, on the two charges of treason against the U. States, alleged to have been perpetrated at the mouth of Cumberland river in the state of Kentucky; and of a Misdemeanor, in illegally preparing and setting on foot a military expedition against the dominions of the King of Spain, with which the United States were and still are at peace. The opinion was very long, and will be published hereafter. It concluded on the question of treason with a decision in favor of all the persons accused; but, on the subject of the Misdemeanor, the result was different; Aaron Burr and Harmon Blennerhassett being committed to answer that charge, for which purpose they are to be sent for trial to the state of Ohio, in which the evidence was conceived to have proved the preparations for the expedition more explicitly than any where else. Israel Smith was discharged.
We understand that Messrs. Burr & Blennerhassett have given bail, before the Chief Justice at his own house, for their appearance in the state of Ohio, to answer the charge of a Misdemeanor; but we have not heard the names of the bail.
The Council for the United States entered a Nolle Prosequi on each of the Indictments for treason against Comfort Tyler and John Smith of Ohio.
The long Session of the Circuit Court is at length closed.
We recommend to the particular attention of our readers the following testimony of Lieut. Jackson, delivered on Monday last, on the motion to commit Messrs. Burr, Blennerhassett and Smith. The friends of Col. Burr who still pretend to believe that the object of his expedition was only to settle Washita lands, are requested to peruse this document, after which they may persist in asserting his innocence if they can.
Evidence of Lieutenant Jacob Jackson, delivered in court, on Monday the 19th of October, 1807, which evidence was revised and again sworn to by him, on Tuesday the 20th of the same month, in the form of a deposition.
I, Jacob Jackson, a second Lieutenant in the regiment of Artillerists, do certify and say, that on the third or fourth day of January, 1807, Aaron Burr arrived at the Chickasaw Bluffs in the night time, with one boat, and sent to the commanding officer of the garrison, wishing to know whether he could have quarters in the garrison during the night. Being the commanding & only officer there, I informed the messenger that the said Burr could be accommodated. Accordingly he came to the garrison in company with several other gentlemen; and the next morning he asked me whether I had heard of the attempts made in Kentucky to prosecute him, under an apprehension that he was about to invade the Spanish dominions. I answered that I had not. He then went on to observe, that he had been prosecuted, but that nothing could be made out against him; that he was going on a project which many wished to know, but that from their inquisitiveness, he was not disposed to gratify them; it was a project however, said he, which was honorable to myself, and which would be the making of those who should follow me, provided they survived the undertaking. He continued to observe that the subjects of Spain were in a very distressed situation, & that his project would tend to relieve them from the tyranny of their government. I was then asked by him, what I thought the opinion of my brother (a member of congress,) was on the subject. I answered that I did not know. He then asked what I thought of such a project myself? I answered, that if the U. States were going to war with Spain, I should be very glad to embark in the enterprise; on which he remarked that the leading characters in the United States did not mean openly to carry on a war against the Spaniards, but that they secretly favored his views. I then told him that, if such was the case, I was willing to engage in the enterprise; and after telling me again that the leading men in the U. States (by which I supposed he meant to include the heads of departments,) approved his measures, he remarked that he wished to engage young men; that he wished me to go with him for one; & that in case I complied, he would give me a
captain's commission. Fully believing from the conversation and high standing of said Aaron Burr, that a war was secretly to be carried on by the U. States against some of the territories of Spain, I finally consented to engage under him. He then observed that I might probably want some money to raise a company. I replied, that I did not want more than was sufficient to take me home; and mentioned one hundred and fifty dollars. He enquired whether I could not let him have some arms and ammunition—I replied that I had a small supply of these articles, but that I did not think myself authorised to furnish him; on which he observed that he had got some at another garrison, and that I should be justified in supplying him: to which I replied that I did not wish to implicate myself. He then requested me to let some of my men repair two or three muskets, and run him some balls, (the lead he procured at the public factory) as he wanted in descending the Mississippi, to kill game for the use of himself, and the residue of his men who were behind; and I accordingly suffered the muskets to be repaired, and the balls to be run. In the course of various conversations, he frequently requested me to let him have some soldiers to go with him; which I as often refused: at last he wished me to let him have a soldier to carry a letter to Col. John M c Kee, in the Chickasaw nation; and, on my refusal, he requested me to give one of my soldiers a pass for twenty days; and observed, that if he did not return, I could not be blamable: this I also refused. In the course of this conversation, he asked me whether I could not then go with him, or soon follow him, and take with me the soldiers under my command. In answer to which I remarked (being somewhat alarmed at his propositions) that I was about to send in my resignation, and that as soon as I was discharged from the service, I had no objection to following him; but that I could not undertake to seduce the soldiers from their duty while I held a commission. I also observed that my family was respectable, and that I would not do any thing to injure the feelings of my relations, or to wound my reputation as an officer; and that, whatever might be his projects, I did not wish to hear any thing more about them unless they were honorable; to which he replied that his views were honorable, and that by complying with his request, I should not incur any blame; that many of the officers of the army were actually engaged with him, and that he expected to derive great assistance from the present military force; that Gen. Eaton was coming round with the navy, and that he expected soon to receive ten thousand stand of arms. He moreover observed that, as he was acquainted with my father, he should like to have me join him, as the sooner I did it the better. I replied that it might be some time before I could receive an answer to my resignation—but that when I did, I would follow him, provided I found him patronized by the U. States. He then observed that it would not do to delay business, and would therefore furnish me with money to raise a company. He asked me the expense of a man to carry a letter to Col. M c Kee in the Chickasaw nation. I replied about fifteen dollars: he then asked me how many Indians I thought Col. M c Kee could raise in the Chickasaw nation: My reply was that I did not know; but that Col. M c Kee had resided there some time, and his influence was probably considerable. On the morning of the 6th of the said January, just before he started down the Mississippi, on my entering the room where the said Burr was, he said to me, there is something for you on the mantle piece over the fire: on which I took from thence one hundred and fifty dollars in bank notes; and a draft on John Smith for five hundred dollars, at the same time presented me; observing that a draft was easier carried than money; that, as to a receipt for the money, he should not take any; and that in case I disliked his plans, he relied on my honor to return it. This money and draft were given me by the said Burr for the express purpose of raising a company of men to join him, and for building a boat calculated to ascend currents, particular instructions about which he gave me. He further observed that he intended to fix himself in the Spanish dominions, & there proclaim his intentions; that it was not informed of them before I left the Bluffs, he wished me on my way to Virginia to call on Gen. Tupper at Marietta, to whom he should communicate his intentions, as soon as he had fixed himself in the Spanish dominions, and that he would communicate them to me; and at the same time he gave me a letter to said Tupper, which I burned as soon as I received the President's Proclamation: and, on his leaving the Bluffs, he pressed me to leave the garrison in fifteen days, and not to wait for the acceptance of my resignation; and on my way down the Mississippi to endeavor to get as many of the soldiery at the Bluffs to accompany me as possible. And further this deponent saith not.
JACOB JACKSON, Lieut. Reg't of Artillerists, Henrico county, &c.
Sworn to before me in due form, agreeable to law, this 20th October, 1807.
DAN'L. L. HYLTON, Justice of the Peace for the said county.
The Branch Bank at Fredericksburg, was one of the buildings destroyed by the dreadful fire at that place on Monday last. We are happy to learn, however, by a letter to the President of the Bank of Vir-
ginia, that all the books, papers and valuable effects deposited therein have been saved.
The legislature of Connecticut have made choice of the hon. Samuel W. Dana, Esq., as a Senator in the Congress of the U. States, in the place of the hon. Uriah Tracy, Esq. dec.
Master BETTY, the British Roscius, has finally retired from the stage. He is educating for the church by a respectable clergyman, who is to have 300l. a year for his tuition.
FREDERICKSBURG, October 21.
MELANCHOLY & DISTRESSING.
On Monday at 12 o'clock, the house, formerly belonging to Mrs. Carter, in this town, was discovered to be on fire. The corpse of Mr. William Stanard, the more recent proprietor, had not been sent to its earthly home, when a sick and mourning family were driven by a new calamity, with the remains of a parent and a husband, from the solitude of their sorrows, to weep under the next hospitable roof, over their complicated misfortunes.
The house was on an eminence, and a strong wind from the northwest blew the flames into the body of the town. In the course of a few hours, 3 of the best improved squares, with parts of two others, were stripped of all their improvements. The rapidity of the fire, in the horrors of its devastation thro' houses highly combustible from the operation of the late drought, the consternation that prevailed destroying concert & presence of mind, in most of those who were laboriously active, the incompetency of the engines to perform their offices with full effect, prevented many of the sufferers from saving a great proportion of their moveable property. The upper Tobacco Ware houses, with all the tobacco stored were consumed. A blaze of burning matter was thrown on the roof of the Bank-house, which stood at the distance of two streets from the general conflagration, and so furious was the progress of the flame that all the books, papers and money in the vaults were, of necessity, exposed, during the whole of the fire to its action, but have since been recovered entire. It is pity no human life was lost.
This awful affliction has bereft many families, some in disease, at the entrance of winter, of their only shelters and of their all. The woes of the comfortless and of the suffering, which pervades a great part of Fredericksburg calls aloud for contribution from the opulent. The inhabitants of this town, were lately liberal in their relief to the wretched of Norfolk. A plan has been organized to furnish the benevolent of the sister towns in Virginia, and of the neighboring country, with an opportunity of enjoying that luxury which a pure bosom feels in giving charity where merit and distress combine to claim it.
FOR SALE.
ON Thursday the 12th day of November next, at the late dwelling house of Zachariah Tatem, dec'd near Goodie's bridge in Chesfield county, will be Sold, at Public Auction, the following PROPERTY belonging to the estate of the deceased, consisting of a valuable stock of Horses, Cattle, Hogs and Sheep, the Household and Kitchen Furniture, a new and elegant Chariot and the Plantation Utensils—It is probable that necessity will compel the administrators at the same time to dispose of several valuable NEGROES. Credit will be given until the 15th day of April next, for all sums exceeding twenty dollars, upon the purchasers giving bond and approved security bearing interest from the day of sale, but which will be relieved if the principal is punctually paid. All those who have legal claims against the estate will be pleased to exhibit them duly authenticated on or before the day of sale, to enable the administrators to make provision for their payment—Those who are indebted to the estate will see the necessity of immediate payment as it must be evident no indulgence can be given.
MATT'W. CHEATHAM, Admin's THOMAS BRANCH, do.
October 22, 1807. eod & It
Now Landing and for Sale,
20 hds Loaf Sugar 20 hds first quality 20 hds Rye Whiskey 15 brown Sugar 17 hds Antigua Rum 25 boxes cotton Cards 10 Tierces prime green 10 casks Malaga Wine Coffee 2 ton patent Shot.
In Store,
40 bags Green Coffee 30 hds N. E. Rum 20 bags Pepper 15 pipes 4th proof Cog- 30 boxes 8 by 10 Glass mac Brandy 20 trunks Shoes 20 kegs Hamilton's 2 ton bar Lead Small
Terms liberal, and made known on application HENRY MOYET.
October 20, 1807
FOR NEW YORK,
To sail by the 1st of November,
The Sloop Windham,
Burthen Eighty Tons, with cla-
rant accommodations. For freight or passage
apply to the Master on board, at Rockets Landing,
Leicester's Wharf, who has for sale on board
sundry articles of Northern Produce.
Potowomac Company.
NOTICE is hereby given, that application
will be made to the General Assembly of
Virginia at their next session, to allow the Po-
towomac Company the further time of three
years, to be computed from the expiration of the
term already given, to complete the navigation
of Shenandoah river.
Alexandria, October 10th, 1807. 4w
TAKEN UP by William Miller, in the county of Goochland near the court house, a branded Heifer and Steer, very much alike, both unmarked and supposed two years old last spring; appraised at seven dollars each before me according to law, this 16th day of October, 1807.
Anderson Royter A copy, Teste, Wm. Miller, J. G. C. 93t
ST. MARY'S COLLEGE
GRAND LOTTERY,
BALTIMORE,
Authorised by the General Assembly of the State of Maryland; the scheme of which lottery is the most brilliant ever offered to the citizens of the United States, containing besides a large number of other good prizes,
1 Prize of 20,000 Dollars, 1 do. of 15,000 Dollars, 3 do. of 10,000 Dollars, 2 do. of 5,000 Dollars, 8 do. of 1,500 Dollars, 7 do. of 1,000 Dollars.
Not two blanks to a prize, and the lowest prize twelve dollars. The scheme contains only 21500 tickets. 10000 of which are actually sold to a company of gentlemen in New York, to whom the managers have obligated themselves to commence the drawing in the city of Baltimore.
On Thursday the 31st day of December next,
And to draw 500 tickets per day.
TICKETS & SHARES
Are now selling in a variety of numbers and very rapidly at Ten and a half dollars each for a very short time, at
G. & R. WAITE'S
Truly fortunate Lottery Office, corner of Mark
et Charles Street, Baltimore.
The grandeur of the Scheme of the above Lottery, together with an assurance from the managers that it will positively commence drawing on the 31st day of December next, have been a sufficient inducement for the subscribers to come to the city of Baltimore for the express purpose of facilitating the sale of the tickets.
G. & R. WAITE.
One of the above firm will personally attend the drawing daily, to take down the numbers correctly, as will also one of their clerks.
The next New-York Lottery will not commence drawing till April next—Tickets of which Lottery may be had at Waite's Offices, Maiden Lane, New-York.
N. B. Distant adventurers, accompanying their orders with Bank Notes of any description to either of Waite's Offices in Baltimore or New York, may have tickets and shares forwarded to any amount with the utmost punctuality, and the earliest advice sent them of their success. All prizes sold by G. & R. Waite will be paid by them.—A list of all prizes drawn will be sent to the printer of this paper, for the inspection of adventurers.
October 14th, 1807. 103m
Land for Sale.
ON the second day of November next, will be sold, on the premises a TRACT OF LAND, in the lower end of Goochland County, containing 221 Acres, being the Land whereon Gideon Hatcher, late Sheriff of said County, lived and died. There is on said Tract of Land, a good Dwelling House, Barn, &c. Apple and Peach Orchard. The aforesaid Tract of Land will be sold by the Crier to satisfy a debt due the public for cash, or on three months credit.
THOMAS MILLER, acting Adm r of
GIDEON HATCHER, Dec d .
Goochland, October 10th, 1807. 9t
NOTICE is hereby given, that the following Slaves, to wit, Rachel and her two children, named Edmund and George; Charlotte, Judy, Day, Janey and Violet, or so many of them as will satisfy the balance due on a deed of trust executed by Benedict Crump to me as trustee, for the benefit of Robert Christian, and transferred to Thomas Garborne by said Robert Christian, will be sold, on the 23d of November next, at New Kent court house, for ready money.
JONES R. CHRISTIAN, Trustee.
October 16th, 1807. 4w
TO RENT,
Two Tenements,
IN a large Brick House on the main street, on Shockoe Hill, nearly opposite Mr. Wythe's Brick Buildings. The lower story is nearly fitted up for an Apothecary's shop, and the upper apartments are well calculated for a boarding house; for which purposes they have been used for several years past. Also the upper part of another house, adjoining, very convenient for the accommodation of a small family. Possession of the former may be had immediately, and of the latter on the 1st day of December next.
ROBERT HYDE.
The subscriber, living on Shockoe Hill, near Mr. Thomas E. Hunt's, has good accommodation for boarders, and would take from ten to fifteen gentlemen members of the next General Assembly.
ROBERT HYDE,
Richmond, October 18th, 1807. 3w
FOR CASH,
TEN or fifteen likely young NEGROES, consisting of men, women, and children. For terms apply to Mr. Daniel Mayo (above the court house) where they may be seen, or the subscriber.
JOHN CRUMP.
Poyhatten, October 14, 1807. 1f
NOTICE, that a petition will be presented to the next General Assembly of Virginia, praying that Ann F. Irvine, adm x of Walter Irvine, dec. may have leave to sell a tract of land in the county of Buckingham, also a house and lot in the town of New Canton.
Richmond, October 12, 1807. 93t
NOTICE is hereby given, that a petition will be presented to the next General Assembly of the Commonwealth of Virginia, praying that the right of the said commonwealth to the real estate of Wm. F. As r , dec. who died intestate, may be released for the benefit of his Nephew, Henry J. Arnold, who is an alien, having only resided three years in this state, the whole of that time in this city. Who prays to become a citizen under the same.
Richmond, October 12, 1807. 93t
Notice is hereby given, that a petition will be presented to the next General Assembly of the state of Virginia, for leave to build a Toll Bridge from the landing of Francis I. Jones to the opposite shore, across the mill pond of L. & G. Cunningham, unsubsisting a great market road, leading from the upper country to the city of Richmond.
Gumberland, 2d Oct. 1807. 94t
Super-Royal Printing Paper.
One hundred reams Super-Royal PRINTING PAPER for Sale.—Apply to the Printer.
Sep. 19.

(Continued from first page.) menced before Judge Rodney. A committee of five gentlemen, as well as I recollect, was appointed to examine the boats, who proceeded up the river for that purpose, and I believe made their report to the executive.
I was then called on in my official capacity, as attorney general, to give a written opinion as to the course which ought to be pursued with Col. Burr. I did so, and that opinion, I believe, was filed in the office of the secretary of the Mississippi Territory. My opinion was, that he had no evidence to convict Col. Burr of any offence in the Mississippi Territory—that the supreme court of the territory to which a jury was about to be summoned, had no original jurisdiction of any prosecution and could only take cognizance of points of law reserved at the trial in the Circuit Court; that therefore Burr ought to be sent, under a sufficient guard, directed to the City of Washington, where the Supreme Court of the U. States would be in session, and the judges attending from every part of the union, could direct the accused to be tried in the district where, from the evidence it might appear that an overt act of treason had been committed. But Judge Rodney, thought differently and a venire facias was issued requiring the attendance of seventy-six jurors at an adjourned session of the Supreme Court, of the Mississippi Territory, held in February last—From the number of jurors attending, a grand jury of 28 persons was selected, who received a charge from Judge Rodney, and adjourned until the next day. At a meeting of the court the next morning, I moved to discharge the grand jury; 1. Because the court did not possess original jurisdiction in any case. 2. Because the depositions, submitted to my inspection did not furnish sufficient evidence to convict Col. Burr of the offences with which he was charged, so as to bring them within the Mississippi Territory. 3. That a warrant might issue, transmitting the accused to a court, having competent jurisdiction, to try and punish him, if guilty of the crimes alleged against him. The court being divided, on this motion, it was overruled. The grand jury then retired. I determined to prefer no indictment, and left the court. In the evening while I was engaged in the Legislature, a message was sent to me by the court, requesting my attendance. Immediately repaired to the court-room, and was desired to look at the presentments of the grand jury. I perused them, and found that the grand jury, had presented the acting governor for calling out the militia—the manner in which Col. Burr, had surrendered to the civil authority—the proceedings at Orleans; and I believe, the general government itself, did not escape. I felt, and declared my astonishment at such unarrantable proceedings, and informed the court that I should take no further notice of the presentments, and retired. Judge Rodney, I believe likewise, censured the conduct of the grand jury; it may be proper to mention, that a respectable proportion of the jury withheld their signatures from those presentments. Col. Burr, that evening, went to the house of Col. Osmun, and disappeared. I afterwards attended the court, and had a judgement niel entered on the recognizance given by Burr, and his securities, Lyman Hudon and Banijah Osmun; a scire facias was issued and served on the securities which is now depending before the supreme court of the Mississippi Territory. What happened after Col. Burr withdrew, I know not except from hearsay.
Cross-Examined. Question by Mr. Martin. Have you a copy of the recognizance said to have been entered into by Col. Burr? A. I have not, but have seen a copy in the hands of Mr. Hay. Q. Were you present when it was executed? A. No.
Mr. Martin. You said that the judges ordered 76 jurors to be summoned—Who were the judges? A. Bruin and Rodney, Mr. Wickham. Do you know any thing of military men sent from New Orleans, to seize Col. Burr? A. I understood that there were, and that Dr. Carmichael, who resides in the Miss. Ter. was one. Mr. Wickham. Was there an expectation in that part of the country that Gen. Wilkinson had sent men for that purpose, and that Col. Burr would be seized? A. It was talked of and generally disapproved. Q. Where was Col. Burr at the time of his entering into the convention on the west side of the Mississippi? A. He was in the territory of Orleans, and, in pursuance of his agreement came over to the Miss. Ter. Mr. Wickham. Did not Col. Burr seem to be apprehensive of military force? A. He did not, except that he was particularly unwilling to fall into the hands of Gen. Wilkinson. He enquired of Col. Fitzpatrick, Maj. Shields and myself, whether there was any pass or way above Natchez through which he could get to Ouachita, and wished to know whether there was any person who could be employed to pilot him. We gave him no satisfactory answer on that subject. My own impression was that he wanted to establish himself on the Ouachita, as a place of rendezvous to which his men might rally. Mr. Wickham. Have you understood that an officer of the army was sent by Gen. Wilkinson to take Col. Burr? A. I heard a lieutenant of the army (but I had rather not mention his name) say that he was one of the persons employed for that purpose.
Here Mr. Hay offered to read the recognizance entered into by Col. Burr in the Mississippi territory. Mr. Martin objected to its being read and declared it a forgery. He said he was willing to answer the consequences to Judge Rodney, and to give it under his hand that it was a forgery. Mr. Hay. Judge Rodney is so near Mr. Martin that you can answer for it with perfect safety.
Mr. Poindexter. Mr. Harding, one of the securities in the recognizance, said that the recognizance returned by Judge Rodney was not the one entered into by Col. Burr, Mr. Osmun and himself. But I do not think it was believed by one honest man in the territory.
Mr. Hay. Did the paper to which this is an authentic copy, bear any mark of erasure? Not that I recollect. It was in the usual form in which Judge Rodney took other recognizances; that the person bound should attend from day to day until discharged by the court. The recognizances of
Blanchet and others taken on the same occasion, were in the same form. Judge Rodney informed me that Mr. Harding sat down to draw the recognizance, and, after beginning it, said it was useless to go thro' with it; that they would acknowledge themselves bound before him, and he might make out the recognizance in due form at his leisure. Mr. Wickham. Then you understood Mr. Rodney to say that the recognizance was not reduced to writing until the departure of Col. Burr from his presence? A. I understood him. Mr. Wickham. Then it was no recognizance at all. Mr. Poindexter. That is a question of law.
Mr. Hay. As something has been said about Mr. Rodney, what is his general character? A. One of the most honest men under Heaven, and an old revolutionary patriot.
Mr. Hay. And this is the man who has been charged with forgery by Mr. Martin! Mr. Martin. Let him be who he will, I charge him with having returned a different recognizance from that which was entered into before him.
On Friday, the 2d of October, Mr. Poindexter was again called, and farther examined.
Question by Col. Burr. Do you recollect whether it was one of the stipulations between Mr. Meade and me that military authority should be laid aside? A. You were not required to surrender yourself a prisoner of war; but you surrendered unconditionally to the civil authority.
Col. Burr. Did not Mr. Meade promise to discharge all military authority as to me? A. I do not recollect to have heard Mr. Meade say any such thing.
Col. Burr. Did you not hear Mr. Meade felicitate me on my fortunate escape from a party who were armed with knives and tomahawks for the purpose of seizing me on board my boat and massacring me? A. I was not present at any such felicitation. Q. Had Mr. Meade in his possession any document which would authorise him to issue any civil process against me? A. Mr. Meade was an executive officer, and could not issue a civil process in any case. Q. Did not Mr. Meade declare to me that there was no document in the territory to authorise the issuing of civil process against me? A. I do not recollect to have heard any such declaration. Q. Had Judge Rodney any document before him that would authorise the issuing any such process? A. That is a matter of opinion. There were sundry depositions in his possession, some of which were given by persons belonging to your party; many of whom voluntarily came forward, and had their own depositions taken, in order to induce a belief that they had forsaken you. That was the general impression, as it appeared to me, and I believe it to be the fact. In those depositions they stated nothing of importance against you. Q. Were not some persons seized by military force and brought before Judge Rodney? A. Not after your surrender to the civil authority, until the discovery of a paper which was said to have been taken out of the cape of a negro boy's coat. There was then some seizure at Natchez by order of the executive; and the persons seized were detained under guard a short time, but whether they were brought before Judge Rodney or not, I do not know.
Here Mr. Poindexter observed.—One circumstance I omitted to mention yesterday which took place at the time when I visited Burr's boats. A boat commanded by lieutenant Paterson of the militia, with between twenty and thirty armed men landed about two hundred yards below, on the west side of the Mississippi, for the purpose of ambushing the men of Burr's party who were separated from their boats, and were amusing themselves in the woods. A person whom I did not know at that time, but whom I have since discovered to be Davis Floyd, approached Col. Burr, and asked him what was to be done; saying that a boat had landed a short distance below on the same side of the river; that he was not afraid to attack the boat, provided such were his directions. Col. Burr immediately requested Col. Fitzpatrick to interfere to prevent any attack from the boat; which he immediately did, and directed the lieutenant to return with his men to the mouth of Coles Creek.
Col. Burr. Did you not hear Mr. Meade say, that if Wilkinson should attempt to arrest me by military force, he would join me with the militia to prevent it? A. I never did; but I remember Mr. Meade said that he would not permit any military force to come into the territory, and arrest you out of the hands of the civil authority, if he could prevent it. He kept some militia in readiness for the purpose of supporting the civil authority, and acting as circumstances might direct. We were of opinion that a majority of the people who were about the courthouse at Washington at the time the Grand Jury made their presentments were the friends of Burr, consisted generally of persons who had some promise of assisting the territory; and it was supposed would interfere to rescue him, if necessary. My own impression was, and I believe it was the general impression, that he wished the force immediately about himself to cut a diminutive figure, while a majority of his adherents were dispersed over the country for the purpose of making favorable impressions on the people concerning him.
Mr. Hay here produced the paper said to have been found in the cape of the negro boy's coat, which paper is in the following words: "If you are yet together, keep together, and I will join you to-morrow night. In the mean time, put all your arms in perfect order. Ask the bearer no questions, but tell him all you may think I wish to know. He does not know that this is from me, nor where I am." Directed to C. T. and D. F.
Mr. Hay asked Mr. Poindexter if that was the original paper said to have been found in the cape of the negro boy's coat. He answered yes.
Mr. Hay. Who were supposed to be meant by C. T. and D. F. A. Comfort Tyler and Davis Floyd. Q. Is that paper in the hand writing of Col. Burr? A. I believe it is.
Mr. Wickham. Where did you first see that paper? A. In the hands of Gov. Williams. Col. Burr. How long were the persons who were seized at Natchez after that note was found, detained in custody? A. I do not recollect how long particularly; but one or two days I believe. Many of the young
men arrested at Natchez, declared that if Burr's designs were against the government of the U. States, they would be the first men to turn against him and cut his throat. There are a number of them now remaining in the territory; for he has supplied us with school-masters, singing-masters, dancing-masters and doctors in abundance.
Mr. Hay. Where was Col. Burr at the time when this paper was found? A. He had disappeared, and was generally supposed to be at a doctor Cumming's, near Gibson Port.
The undersigned certifies, that the foregoing fifteen pages, contain a true statement of his evidence as given in open court in the examination, on a motion to commit Aaron Burr, on a charge of treason against the U. States.
GEO. POINDEXTER. October 13th, 1807.
FRIDAY, October 2. Mr. Wickham called on Gen. Wilkinson to produce the President's letter approving his measures. Gen. Wilkinson. By referring to my papers, I discover I have made a mistake. I find I have no orders from the President, directing the seizure of Col. Burr—the order is from the Secretary of War and has been already published, directing me to seize the principals in the enterprise. I did believe I had an order from the President specifically directing the arrest of Col. Burr. The mistake arose from my misapprehension of the tenor of a letter from the President of Feb. which blends public communications with private affairs. Mr. Wickham. Have you no letter from the Secretary of War approving your conduct in general terms? A. I never had such letter from him. The approval of my conduct is expressed in qualified terms. Mr. Wickham. You wrote the President about these transactions—the letter to which you referred an answer to these communications? A. That letter in its public relation merely acknowledges the receipt of two letters from me, and the arrival of a confidential messenger I sent to the President. It gives some directions, but generally conveys information merely.
Mr. Wickham then applied for the production of this letter. It might be important to Col. Burr in this point of view. Gen. Wilkinson sends on certain communications by Mr. Briggs, and in this letter, the President acknowledges the receipt of them. So that by referring to that letter, it was easy to know what were the communications made to the President by Gen. Wilkinson. Mr. Martin. We have a right to demand this letter. Chief Justice. It is easy to read the passage, which refers to the two letters and to Mr. Briggs's communications. Mr. Martin proposed to put the letter into the hands of the C. Justice, who might mark such passages as he might think improper to be read. Gen. Wilkinson. The letter is in the hands of the attorney for the United States. Mr. Hay. If the court will state those subjects, to which the letter should relate to have any bearing on this case, I am ready to produce such passages. Mr. Burr observed, that he knew of but one ground on which a public document should be withheld from a court of justice, which was, that it might contain something relative to foreign negotiations actually pending, and the public good required its concealment. But in the present case, the transactions referred to in the letter might have passed over; a letter to O. which is not a public document, but a private communication. Mr. Martin. No government ever dared to suppress information, which was necessary to an individual against whom it had commenced a prosecution. There never was such an attempt to establish a new principle, as is done on the present occasion. Mr. Hay. Mr. Martin asserts that there never was such an instance as the present, and that we are attempting to establish principles altogether new. I do not, sir, attempt to establish new principles: I do aver my confident opinion, that this paper does not in the slightest degree relate to the present case. I will not say that the gentlemen know this fact, nor do I say that they have other objects in view. What effects they may have out of doors; what materials of declamation they may furnish to gentlemen of a certain way of thinking; I know not. But I do assure gentlemen, that when this letter is produced, it will have a very different effect, from what they contemplate. (Mr. Hay then read the last paragraph of the letter.) Mr. Burr. If there be a single sentence in that letter relating to me, I have a right to demand it. Why is greater regard paid to the President's secrets than mine? My papers have been fraudulently seized and such passages only culled from them as suited the purpose of my enemies. Mr. Hay. I am placed in an embarrassing situation. I have no objection to the production of this paper; but in my opinion, it has not the smallest application to the present case. If this letter ever is produced, it will but place the conduct of the President on that high ground of propriety which has ever been contemplated and assigned to him by the people of the United States. If gentlemen want this letter, let them state how it is relevant. I am content that you, sir, (the Chief Justice) should read this letter, or that any other person should; but I cannot consent to produce every paper, which gentlemen may think proper to ask for.
Mr. Wirt. These gentlemen, it seems, are carrying on an impeachment against the President of the United States. What is their object in demanding this letter? It is no more than vainly to attempt to inculpate the President, and to gratify their spleen and their resentment against him. Is that the object? Is Aaron Burr more or less guilty, because he has approved or disapproved the measures of Gen. Wilkinson? They want to ask you which is the most guilty; Thomas Jefferson or Aaron Burr? Are you then trying the President? And even if you were, would you not have him here, and give him an opportunity of answering to his accusers? This letter, sir, if ever it is produced, will show that the motives of the administration were as pure and as proper, as its friends could wish or its enemies could fear; it will appear that the reprobated conduct of Gen. Wilkinson in this instance, was such as was justified by the circumstances of the case;
and that if the administration have approved it, they have approved of nothing but what was proper. We hope, that unless this paper, they will not unnecessarily violate the sanctity of private correspondence.
Mr. Wickham. It has been said, that we wish to inculpate the government. No, sir, our object is to defend ourselves; and if in doing this, we do inculpate the government, so much the worse for them. When, sir, the government have spent 100,000 dollars on this prosecution; when every quarter has been ransacked against us; is it not important for us to show from what motives this prosecution has been commenced? Gen. Wilkinson has been under examination these two days. He has produced documents which he has mutilated and then restored. Gentlemen say that he is the pivot on which the prosecution turns. We wish, sir, to examine how far this witness has been consistent with himself; and what credit is due to his declarations.
Mr. Martin. It has been already decided in this court, that the President has no more right here than the man who walks the streets in rags. "What!" says the gentleman, "will you then violate the sanctity of private correspondence? Sir, when that gentleman made this declaration, I looked at his face to see whether it did not blush with shame and even burst blood in expressing such a sentiment.
Mr. Wirt. I hope, sir, the redness of a man's face is no evidence of his guilt. Mr. Martin mistakes me. I demanded whether this court would violate sanctity of correspondence, unless there was an adequate necessity for it.
The argument was continued for some time in this desultory manner; after which the Chief Justice observed, that he much regretted that any difficulty had occurred on the subject; that it was irksome to him and it was with considerable reluctance, that he required the production of such a paper; but that he did only what his duty prescribed to him; that it was impossible for him to determine, even if he saw the letter, how much of it was relevant to the present case, because he could not anticipate what ground of defence would be taken by the accused. He saw however no necessity for reading it in public.—Mr. Wickham. Let us see the letter, and then if we think it to be relevant to the present case, we may read it in the cause; but no copy need be taken.—Mr. McRae. I should rather, sir, that it be exhibited in the most public form. It is the only way to avert the misrepresentation of its contents.
Mr. McRae then read the letter marked (Z.) (Gen. Wilkinson's evidence to be continued.)
(W) GENERAL MORNING ORDERS. Head Quarters, Camp La Piedra, 26 miles from Natchitoches, October 28th, 1806.
PAROLE. C. SIGN.
The depending movements of the troops, is not to seek an enemy, but to assert a right of sovereignty; this right is denied by the Spanish commander in our front, who has recently warned the General that he considers his advance an act of hostility, which his orders compel him to resist: Whatever then may be the calculation or the result, he safety and honor of the corps, and the national interests require, that every individual attached to the expedition, should move and act as if an engagement was certain and inevitable.—We are obliged to wait the attack, and our opponents being all mounted, may give or refuse themselves at their discretion; and of consequence will avail themselves of any advantage we may offer them.
The signal to prepare for action, when encamped, will be a gun from the left, on which every man who bears arms will take his place in the line, and the whole wait orders. The signal to form when under march, will be a gun from the front.—The Infantry, with their field pieces, will immediately form two lines with two hundred yards interval, and on the flanks of the road—Farrar's Dragoons will retire by the road to the rear, and form column prepared to charge.—Maj. Welch's mounted Infantry will skirmish and fall back, on the right or left of the front line, as the ground and other circumstances may render most advantageous. The moment the signal is given, the rear guard, Pioneers, and every man of the line are to join their corps, leaving their packs and teams in charge of Mr. Ragan and the enragers of the Quarter Master's and Contractor's Departments. Should an attempt be made to turn our flanks, which is probable, the Infantry will form the hollow square, and the artillery take post on the angles to enfilade the enemy with grape and canister. Major Welch's men to retire towards the rear and endeavor to out flank our assailants; keeping up as quick and deadly a fire as possible. An officer to each division of the Infantry will take post with the front rank—every other officer will be in the rear, to see the men do not throw away their fire, and if one should be found so dastardly as to give back, to put him to instant death.
Under all circumstances the Artillery will receive orders when to fire; but the Infantry, with shouldered arms, are to wait the approach of the enemy, until within forty yards, when the front rank is to present, level well, fire and charge bayonet. If the enemy are not broken or staggered, the second rank are to take aim at their breasts, and when at fifteen yards are to pour in their fire, and should they still come on, are to be received by both ranks with dauntless resolution on their bayonets. The Dragoons are reserved for a critical effort, and will receive orders when and where to make it. The gentlemen will bear in mind, that whatever may be the order of the charge, the instant they close with the enemy, the action will become pell-mell: They should be careful to level their blows at the neck, rather than horizontally at the shoulders, and in general to cut and pass from man to man.
The Spanish force is greatly superior, and all mounted, but is undisciplined.—Their attack will be made in great disorder.
and probably with velocity and an air of boldness; because they will depend more on noise and appearance than the solid mock. It will be our part to present a rampart of bayonets, whenever attacked. Let the officers be attentive to their men, and the men be silent and obedient to their officers. Let each individual put confidence in his own strength and the co-operation of his flank files. Above all, let us avoid hurry, which always produces confusion; and superiority of numbers will serve but to augment our triumph, and increase the honor of our arms.
(X) I arrived at Natchez about the 27th of October, from the Missouri, where I received a letter from Gen. Wilkinson, dated Natchitoches, 23d Oct. 1806, directing me to dispatch an express with a return of my detachment, and to fall down to Fort Adams and take the command of that Post. I arrived at Fort Adams about the 3d November, and took command from Lieut. Sevier; on my arrival, I found a Mr. Swartwout confined in the Doctor's Quarters, with a violent attack of the Bilious Fever. I was introduced to him I think by Doctor Davidson, who informed me that Mr. Swartwout had been to Natchitoches, and on his return to the mouth of Red River, had been violently attacked, and sent up to the Garrison for medical aid—that he had gone down to see him, and found him in a dreadful hovel, and had advised his embarking on board a barge, which was ascending to the Fort, where he could be more comfortably situated, and have his constant attendance. On the 12th I received letter No. 1, hereunto attached, dated Natchitoches, 6th November; this was handed me by Lieut. Graham, who informed me of the termination of the expedition to the Sabine, and that the troops were then on their return. Letter No. 2, hereunto attached, informed me of the return of the General to Natchez, which created some anxiety in my mind in consequence of the orders exacting secrecy and ordering boats for the movement of all the military stores from Fort Adams. On the 15th, several of the officers arrived from Natchitoches and visited their families, who were all at a loss to account for the rapid movement of the troops from Natchitoches to Orleans, and the embarkation of the military ordnance stores at Fort Adams, confirmed us in the belief that danger was apprehended from some quarter, and that Orleans must be the point of attack. We continued in this situation until the morning of the 13th, when the General arrived, and requested me to walk with him to the battery, where he communicated to me the designs of Col. Burr, informing me that he had received several letters from Col. Burr, thro' one of his agents (Mr. Swartwout,) and that Burr's principal attack would be upon Orleans; I was never more astonished, not having heard that any suspicions were entertained against him; I informed the General the situation in which I had found Mr. Swartwout on my arrival, and requested leave to arrest him. The General refused, saying, that he expected to get much more out of him, than he had held out to Swartwout the idea of his not opposing Col. Burr, and that he should assemble his whole force at Orleans, to enable him to defend that place and defeat the whole plan. I was directed to continue my civil duties as before, for fear that Mr. Swartwout might get alarmed at the movement of the troops and military stores. On the 19th, I received orders to proceed with my command to Natchez, with instructions to take the necessary measures to ascertain the approach of a body of armed men from the Ohio country and to give the General the earliest information by express, of every movement from that quarter, either at Natchez, or by sending a confidential party up the river above the Yazoo, in the disguise of hunters, and I accordingly communicated regularly every information I could collect. About the last of December, I saw two letters, one from the Post-Master of Nashville, to Henry Turner of Natchez, dated the 18th December, stating that Col. Burr was then in Nashville, and that he meant to proceed, on the 20th, to the mouth of Cumberland, where, report said he would have assembled from five to eight thousand men, and that it was generally believed that he intended a visit to Mexico. The other letter to a Mr. Wood from Nashville—spoke of Col. Burr's being in Nashville; that two of his proselytes had left town that morning for Orleans by land; from the best of my recollection the above statement of the letters to Turner and Wood is correct, and Col. Burr's arrival very daily expected by all persons at Natchez. For my own part I did not doubt it, and considering this information as all important to the General, I proceeded to Orleans, arrived there on the 2d January, and communicated it to him. Soon after, this information was corroborated by the arrival of Bradford, the printer of the Gazette Orleans.
GEO. PETER. County of Washington, Set.
On this 19th day of September, 1807, George Peter came before me, a Justice of the Peace for the county aforesaid, and made oath on the Holy Evangelists of Almighty God, that the facts stated in the foregoing, is true as stated.
THOS. CORCORAN.
(V) Extract of a letter from Leonard Coovington to General Wilkinson. May 15th, 1807.
You well know how much has been said and insinuated about the memorable cyphered letter, handed you by Swartwout, and of the means by which you unlocked the cypher, and altho' this circumstance has never been explained by yourself or the administration, and has been seized upon by your enemies as matter for crimination and ground for suspicion, yet I have never been a loss, in my own mind, for the satisfactory explanation. You may not, perhaps, recollect, that in the year 1794, when I left the Western country (Army,) that you requested me to interchange with you a cypher for the purpose of corresponding thereby; and at the time you informed me that you had practised that method with many of your friends; this circumstance [Continued on second page.]

VIRGINIA ARGUS EXTRA.
[XVth YEAR.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1400.]
RICHMOND:—PRINTED (ON TUESDAYS AND FRIDAYS) BY SAMUEL PLEASANTS, JUNIOR, PRINTER TO THE COMMONWEALTH.
Four Dollars Per Annum—paid in Advance.]
FRIDAY, OCTOBER 23, 1807.
[12 1-2 Cents Single.]
Encouragement of Literature.
BY AUTHORITY. Scheme of a Lottery, FOR THE BENEFIT OF ST. MARY'S COLLEGE, FOR BALTIMORE.
   Dollars. Dollars.     1 Prize of 30,000   1 do 15,000   2 do 10,000 20,000   2 do 5,000 10,000   5 do 1,000 5,000   10 do 500 5,000   20 do 200 4,000   100 do 100 10,000   150 do 50 7,500   7000 do 12 84,000  
7291 Prizes, Stationary Premiums 190,500 24,500
14209 Blanks.—Not two to a Prize. 215,000
21500 Tickets, at 10 Dollars each, 215,000 Arrangement of Stationary Premiums, Viz.
   1st drawn Blank, Dollars 500   1st ditto after 2,000 are drawn, 1000   1st do after 4,000 1000   1st do after 6,000 1500   1st do after 8,000 1500   1st do after 10,000 1500   1st do after 12,000 1500   1st do after 14,000 1500   1st do after 16,000 1500   1st do after 18,000 1500   1st do after 20,000 1500   Last drawn Blank, 10,000  
Dollars 24,500 15 per cent. on 215,000 Dollars, is 32,250 Sum to be raised by the Lottery, 30,000 Expenses of the Lottery, 2,250 32,250
THE prevailing disposition to encourage the progress of Literature, the peculiar favor which ST. MARY'S COLLEGE has enjoyed, and the many splendid chances offered to adventurers by the above Scheme, induce the Managers to anticipate a rapid sale of the Tickets. The Drawing will commence as soon as a sufficient number is sold to authorize it. The Managers have given bond to the State in the penalty of sixty thousand Dollars for the faithful payment of the prizes, which will be paid, subject to a deduction of Fifteen per cent. thirty days after the Drawing is finished.—Prizes not demanded within a twelve-month from the completion of the Drawing, will be considered as a donation to the College.
TICKETS to be had of the Managers, or of such persons as may be authorized by them.
WILLIAM DU BOURG, JOHN TESSIER, LUKE TIERNAN, ROBERT WALSH, WILLIAM LORMAN, ALEXANDER M'KIM, HENRY WILSON, SAMUEL STRETT, JAMES M'HENRY, SAMUEL HOLLINGSWORTH, LEWIS DU BOURG, PHILIP LAURINSON, TICKETS in the above Lottery for Sale by GALLEGO, RICHARD & Co.
At a Court of Quarterly Session, held for Cumberland County, the 28th day of July, 1807.
George Bernard & Co. Plaintiffs, In Chancery. Against Joshua Glover, Howell Thomas and Walter Jones, Defendants.
It appearing to the satisfaction of the court, that one of the defendants, Joshua Glover, is not an inhabitant of this state; on the motion of the said complainant by his counsel, It is ordered that the said Joshua Glover, do appear here on the 4th Monday in October next, to answer the complainant's bill, and that a copy of this order be forthwith inserted in one of the Virginia Gazettes, for two months successively, and published at the door of the courthouse of this county.
A Copy, Teste, Miller Woodson, Jr. D. C.
At a Court of Quarterly Session, continued and held for Albemarle county, the 5th day of August, 1807.
John McCoy, plff. In Chancery. Against Henry Emmerson, Josiah Hum. & others, defts.
The defendant Jacob Gitt, not having entered his appearance and given security according to the act of assembly and the rules of this court; and it appearing to the satisfaction of the court that he is not an inhabitant of this commonwealth; On the motion of the plaintiff by his counsel, It is ordered, that the said defendant appear here on the first day of the next term and answer the bill of the plaintiff; and that a copy of this order be forthwith inserted in the Virginia Argus, printed in the city of Richmond, for two months successively, and posted at the front door of the courthouse of the said county.
A copy, Teste, Alex'r. Garrett, d. c. a. c.
TO RENT
TWO LARGE BRICK STORES. Almost new, under one roof, and covered with Tiles.
SITUATE on the south side of the main street, and nearly opposite the Market House, one is a corner house. These houses are rendered fire proof (externally) by the addition of Iron Shutters in the direction that there is danger (from fire) to be apprehended. Possession may be had on application to
Wm. MITCHELL. Richmond, September 2d, 1807. wif
Drugs & Medicines.
Daniel Wm. Sackrider & Co. Have this day opened a general assortment of DRUGS & MEDICINES,
And a great variety of valuable PATENT MEDICINES, which they are determined to sell on reasonable terms. DANIEL WM. SACKRIDER offers his services to the citizens of Richmond and its vicinity as a practitioner of Physic, Surgery, &c. &c. He has every reason to believe his professional services will be satisfactory to those who will honor him with their confidence. Richmond, July 20th, nearly opposite Doct Foushee's
TO BE SOLD,
On the premises, on Monday, the 16th day of November next, a
Valuable Tract of Land,
In Cumberland county, containing about seven hundred acres, whereon Nathaniel Carrington formerly lived, supposed to be equal in quality to any high lands in the county—subject to the life estate of Phebe Carrington, widow of Nathaniel Carrington, dec. Also,
Eight Negroes,
To wit: Billy, Peter, Amy, Greency, Milly, Sucky, little Amy, and Lucy, or so much thereof as shall be sufficient to pay and satisfy the sum of eight hundred and twenty pounds, with legal interest thereon, from the 1st day of August, 1806, till paid, with all contingent charges attending the sale, and securing the payment of the aforesaid debt and interest, agreeable to a deed of trust from James Pittman and Mary Ann Pittman his wife, made to Joseph Brickett. The above sum to Joseph Brickett.
JESSE MICHAUX, } Trustees. SAM. HOBSON.
Cumberland county, Sept. 5th, 1807. wif*
Buckingham county, to wit: Taken up by John Pittman, a red Steer, about 3 years old this spring, marked with a half moon in each ear, appraised to 41s. April 16 1801 v 3.
FOR SALE.
My tract of Land, In Powhatan county, containing between nine hundred and a thousand acres, and lying within two miles of the courthouse, and on both sides of Pine creek. This tract of land would be sold entire, otherwise laid off in lots to suit purchasers. Any persons inclined to purchase, it is expected will first view the premises—any further description is deemed unnecessary. For terms apply to the subscriber, living on the premises. SAM. BASKERVILLE. Powhatan, Jan. 4th, 1807. tf
LAND
In the state of Ohio—FOR SALE:
THE subscriber wishes to SELL a valuable TRACT OF LAND, in the state of Ohio containing 1,000 acres. This tract is of excellent quality, as the subscriber has understood from most respectable information. It lies on Deer creek, a branch of the Sciota about 16 miles from Chillicothe, in a well settled neighborhood, and is very convenient to the trade of the Ohio. He will dispose of it for cash, or on a short credit, for notes negotiable at the Bank of Virginia; or will exchange it for property in the city of Richmond. An unquestionable title, with general warranty, will be made to the purchaser. WM. MUSFORD. Richmond, Sept. 24 1807. tf
JUST PUBLISHED,
And for sale at this office by the gross, dozen or single,
THE VIRGINIA FARMER'S
Almanac, for 1808;
Adapted to the latitude and meridian of Richmond.
By BENJAMIN BATES, of Hanover county.
CONTAINING, beside the Astronomical calculations, Officers of the State Government—Senators & Members of the House of Delegates—Judges of the Superior Courts—Superior and County Court days—An Essay on the cultivation of Trees, &c.—Fattening Horses—Raising Turnips and preventing the Fly—Fencing of Cider—A variety of interesting Anecdotes—The celebrated New Tid Re 1, or the birth of Paddy O'Rafferty, jun. &c. &c. &c.
By the Governor of the Commonwealth of Virginia,
A PROCLAMATION.
WHEREAS it is duly certified to the Executive that the Courthouse of the county of Warwick is in so ruinous a situation as to be unfit for the accommodation of the court in the execution of its duties; and that until the said courthouse can be repaired or rebuilt, an out house of Richard Young near the site of said courthouse had been tendered to the said court for the county aforesaid and by them accepted; I have therefore thought fit by and with the advice of the Council of State, to issue this proclamation hereby notifying all whom it may in any manner concern, that until the courthouse for the county of Warwick aforesaid, shall be repaired or rebuilt, and made fit for their accommodation, the Court of the county of Warwick aforesaid, shall be holden in the aforesaid out house of the said Richard Young, near the site of the courthouse aforesaid, in the said county of Warwick, according to law.
Given under my hand as Governor, with the Seal of the Commonwealth annexed, at [L.S.] Richmond, this 29th day of September, 1807.
Wm. H. CABELL.
Signed,
THOMAS BRANCH. wif
The Imported Horse
Bedford,
So noted for getting capital racers, will stand the next season at my stable in Chesterfield county. Further particulars will be made known before the season commences.
THOMAS BRANCH. wif
14th October, 1807
FOR SALE,
Opposite Colonel Mayo's new Buildings, 4th, 3rd and 2nd proof Antigua Rum in hlds. of the crop 1805—Imported early 1806
New England Rum in hlds. and barrels 1 pipe very Superior Holland's Gin Rye Whiskey in barrels Loaf and Brown Sugar in Ditto Coffee by the barrel or bag Beef and Pork in barrels Irish Potatoes in ditto, suitable for table or planting Potatoes Shad and Herrings. Stone Lime in large and small casks.
And a general assortment of GROceries, &c. &c.—which will be sold low for Cash, good paper, or exchanged for country produce, by JOB GREENE. Richmond, 27th May, 1807.
A House and Lots
FOR SALE.
THE subscriber offers for sale three valuable LOTS OF GROUND in the city of Williamsburg; on which there is a large and commodious dwelling house, (containing eight good rooms, and two large passages,) together with a good garden, a stable, and all necessary out houses for the use of a genteel family.
Any person desirous of purchasing will please to apply to William Munford, Esq. of this city, who will make known the terms of sale, and is authorized to conclude the bargain. Possession will be delivered to the purchaser on the 10th day of January next. Anna Byrd. Richmond, September 12, 1807. if
Ten Dollars reward.
DESERTED from the service of the Public Guard stationed in this place JAMES MCGOWAN, a private in said guard; he is a native of Scotland, which is easily perceived from his speech, as he has not yet lost the Scotch pronunciation. He is about 5 feet 8 inches high, black hair, grey eyes, dark complexion and knock-kneed; it is uncertain what his dress was at the time of his desertion, as he had different clothing exclusive of his uniform. He deserted on the night between the 4th and 5th inst. Peter Crutchfield, c. p. g. Richmond, 6th Oct. 1807.
Notice.
ALL those having claims against the estate of the late WM F AST, are requested to bring them forward properly authenticated on or before the fifteenth November next to the subscriber, in order that arrangements may be made for their payment as far as his personal estate will go to discharge the same—and those who are indebted to said estate are requested to make immediate payment, as no indulgence can be given. Henry J. Arnhold, Adm'r. Richmond, 13th October 1807. wif
Valuable Medicines.
PUBLIC confidence has never been more deliberately and firmly reposed, and perhaps in no instance more justly, than it appears in the efficacy of HAMILTON'S WORM LOZENGES, prepared and sold, wholesale and retail, by HANNAH LEE, no. 56, Maiden-lane, New York and in Richmond, (only) at S. Pleasants' Printing-office.
The proprietor has lately presented to the public the testimony of the Hon. A. C. Hanson, Chancellor of Maryland, the Rev. Mr. Mothier, and of other distinguished and respectable characters. The following cases, of more recent occurrence, are now respectfully submitted.
SINGULAR OCCURRENCES.
THE wife of Mr. Wm. Stillwell, merchant, Water street, New-York, had been in a poor state of health for several years past, and was often confined to her chamber by indisposition; her symptoms were various, though generally attended with great debility; sometimes they were supposed to indicate dropsy, at others a disease of the liver. Having suffered a very severe attack, without obtaining any relief from her physician, and almost despairing of recovery, she was induced to make trial of Hamilton's Worm Destroying Lozenges; having heard of their performing cures in several complaints that could not be accounted for. Two doses were taken, which brought away a large worm, nearly half a yard in length, and a great quantity of matter evidently pieces of worms, &c. On taking the third or fourth dose, an entire animal shaped like a crab, was expelled: its parts were examined with the aid of a microscope, when the claws, feet, &c. appeared perfectly formed; different in but few respects from the common crab. Mrs. Stillwell began from that time to recover her health;—three months have since elapsed, and she has been free from her former complaints, and has acquired a degree of health and strength which for years before she had been a stranger to. She being free to extend the knowledge of a medicine from which so much benefit has been received, she has authorised Mrs. Lee, the present proprietor, to state these particulars for the good of others. New-York, June 5, 1807.
Philadelphia, May 22, 1806.
TO H. LEE.
Having in a most singular manner, experienced in my family the astonishing efficacy of Hamilton's Worm Destroying
Lozengers, prepared by the late Mr. Lee, I feel it my duty to add the following curious case to the list of remarkable cures performed by that celebrated medicine.
My daughter at the age of 17 months was taken ill with those symptoms which are supposed to denote worms: after having tried a number of things which are said to be good in such cases, without any benefit, we had the attendance of a respectable physician; but she still continued to decline in health, and at the end of six months became so weak that she could not walk, nor keep food on her stomach, it was so extremely disordered. At this interesting period, one of our neighbours recommended your Lozengers so earnestly, we were induced to send to Mr. Birch's for a box of them; on her taking the third dose, according to the printed directions, there came from her a living animal about three quarters of an inch long and of a most frightful appearance, being very white, with a great number of legs, and something which resembled wings, by which it appeared to spring; and which it did repeatedly, to our great surprise, about the same distance that a small toad can hop on the ground. Its form was altogether unknown to every person who saw it. It lived in water about 18 hours. We afterwards put it in spirits, and it is now in the possession of Dr. Bleight of this city. The child grew better from that day; in a very short period began to walk again, and is now in perfect health. Yours, &c. WM. BRADLEY, Callohill street, between 8th and 9th sts.
Any person may be satisfied of the accuracy and authenticity of this singular occurrence, by making enquiry in the neighborhood: many of the neighbors saw the creature alive, and are well acquainted with the above particular. W. B.
Among the symptoms attending worms, are, disagreeable breath, especially in the morning; bad and corrupted gums—itching in the nose and about the seat—convulsions and epileptic fits and sometimes privation of speech—starting and grinding of the teeth in sleep—irregular appetite; sometimes loathing food and sometimes voracious; purging, with slimy and foetid stools; Vomiting; Large and hard belly; Pains and sickness at the stomach; Pains in the head and thighs, with lowness of spirits; Slow fever, with small and irregular pulse; A dry cough; Excessive thirst; Sometimes pale and unhealthy countenance, and sometimes the face bloated and flushed. Persons afflicted with any of the above symptoms, should have immediate recourse to HAMILTON'S WORM DESTROYING LOZENGES, which have been constantly attended with success in all complaints similar to those above described.
A dose of this medicine given occasionally during the warm season, will effectually prevent the "vomiting and purging of children" a dreadful disorder which annually destroys thousands of the infant part of our citizens.
Children generally take this medicine with eagerness; having a pleasing appearance and an agreeable taste.
FOR SALE AT ANOTHER
Hamilton's Essence and Extract of Mustard.
A safe and effectual remedy for acute and chronic Rheumatism, Gout, Rheumatic Gout, Palsy, Lumbago, Numbness, White Swellings, Chilblains, Sprains, Bruises, Pain in the Face and Neck, &c. &c.
AN ONCE OF PREVENTION IS WORTH A POUND OF CURE.
For the prevention and cure of Bilious and Malignant Fevers is recommended
Hahn's Anti-Bilious Pills.
The operation of these pills is perfectly mild, so as to be used with safety by persons in every situation, and of every age.
Hamilton's Elixir,
A sovereign remedy for Colds, Obhinate Coughs, Asthma, Sore Throats, and approaching Consumptions.
To Parents who may have children afflicted with
The Hooping Cough.
This disorder is of the first magnitude, as it affords immediate relief, checks the progress, and in a short time entirely removes the most cruel disorder to which children are liable. The Elixir is so perfectly agreeable, and the dose so small, that no difficulty arises in taking it. From LUTHER MARTIN, Esq. attorney general of the state of Maryland.
GENTLEMEN—I comply with your request in stating my opinion of Hamilton's Elixir. It has been used in my family for two or three years, with uniform success, whenever colds, coughs, or similar complaints have rendered medicine necessary. I have myself found it an excellent and agreeable remedy for a very painful and troublesome affection of the breast, accompanied with foreness, and with obtunded and difficult breathing.
On these accounts, I do not hesitate to recommend Hamilton's Elixir as a valuable medicine, and deserving public attention. LUTHER MARTIN.
HAMILTON'S
Grand Elixir,
Is recommended as an invaluable medicine for the speedy relief and permanent cure of the vari-
ous complaints which result from diffipated pleasures—juvenile indiscretions—residence in climates unfavourable to the constitution—the immoderate use of tea—frequent intoxication, or any other destructive intemperance—the unskillful or extensive use of mercury—the diseases peculiar to females at a certain period of life—bad lying in, &c.
Hahn's true and genuine
German Corn Plaster,
An infallible remedy for corns, speedily removing them, root and branch without giving pain.
The Genuine Persian Lotion.
So celebrated among the fashionable throughout Europe, as an invaluable cosmetic, perfectly innocent and safe, free from corrosive and repellant minerals (the basis of other lotions) and of unparalleled efficacy in preventing and removing blemishes in the face and skin, of every kind—particularly freckles, pimples, inflammatory redness, scurf, tetter, ring worms, sun burns, prickly heat, &c.—The Persian Lotion operates mildly, without impeding that natural, insensible perspiration, which is essential to health; yet its effects are speedy and permanent, rendering the skin delicately soft and clear, improving the complexion, and restoring the bloom of youth—never failing to render an ordinary countenance beautiful, and a handsome one more so.
The Restorative Powder for the Teeth and Gums.
HAHN'S GENUINE EYE WATER, A sovereign remedy for all diseases of the eye, whether the effect of natural weakness or of accident, speedily removing inflammations, defluxions of chreum, dullness, itching and films on the eye; never failing to cure those maladies which frequently succeed the small-pox, measles and fevers, and wonderfully strengthening weak sight. Hundreds have experienced its excellent virtues when nearly deprived of sight.
Tooth-Ache Drops,
The only remedy yet discovered, which gives immediate and lasting relief in the most severe instances.
The Anodyne Elixir,
For the cure of every kind of head-ache.
The Damask Lip-Salve.
Infallible Ague and Fever Drops,
For the cure of Agues, Remittants and Intermit-tant Fevers.
Thousands can testify their being cured by these drops after the bark and every other medicine has proved ineffectual: not one in a hundred has had occasion to take more than one, and numbers not half a bottle.
The Sovereign Ointment for the Itch
Which is warranted an infallible remedy on application, and may be used with the most perfect safety by pregnant women, or on an infant a week old, not contain a particle of mercury or any dangerous ingredients whatever; and is not accompanied with that tormenting smart which attends the exhibition of other remedies.
For the cure of a certain deplorable Malady,
The Indian Vegetable Specific.
The Medicines prepared by Richard Lee, have been in high estimation and general use throughout the United States for upwards of six years; many of them are sold for less than the drugs of which they are compounded could be purchased at a retail store.
It is no inconsiderable evidence of their utility, that during the above period, numerous imitations of every article (the production of ignorance and inexperience, urged by covetousness and penury) have intruded on the public, from a day and then perished; others now succeeded them, which in like manner are fast defending "to the tomb of the Capulets," while our remedies become more generally used and acquire a daily accession of well earned celebrity.
To prevent the imposition of worthless or dangerous preparations, purchasers are requested to remember, that an engraved label, with the signature of Richard Lee's (to counterfeit which is felony) is affixed to each of his genuine medicines.
Lee's Infallible Ague Drops.
Recent Cures. A child of Mr. William Lozier, grocer, corner of Hudson and Jay streets, was sick about five or six weeks with ague and fever, and in so violent a degree, as for the time appeared to terminate frequently in most alarming convulsions. A variety of medicines, recommended by sympathising neighbors, were administered, without alleviating the disease; at length hearing of the uniform efficacy of Lee's Ague Drops, a bottle was procured, of which three doses only were found necessary to perfect a cure; five weeks have elapsed without any return of the complaint.
Mr. James Joyce, assistant in the warehouse of Mr. — Pearfall, Pearl-st

FOR SALE, THAT most beautiful and healthy situation known by the name of HALL'S SHORE, on the James river, seven miles above Manchester. Also another valuable TRACT OF LAND in the lower end of Powhatan county, containing two hundred acres more or less, with good improvements, and there is no doubt of a great quantity of COAL being on this land. The subscriber will give a great bargain in the said lands, as he wishes to move to the Western country. For terms apply to ZACH'S HALL. August 25th, 1807.
W. COWAN,  WATCH & CLOCK MAKER, INFORMS his friends and the public, that he has removed to the Shop formerly occupied by Mr. Edward Wanton, three doors above Messrs. Taylor & Brown's Vendue Store:— Where he repairs Watches and Clocks of every description. W. Cowan has on hand, an assortment of warranted Gold and Silver Watches—Also, a handsome assortment of Silver Ware and Jewellery—Consisting of Ladies' Ornamented and Plain Combs, Mourning, Fancy and Plain Finger-Rings, Mourning, Fancy and Plain Finger-Rings, Mourning and Fancy Lockets, Miniature Settings, Necklace Plain and Ornamented, Mourning and Fancy Breast-Pins, Bracelets, Neck Clasps, Gold, Gilt, Steel and Silk Watch Chains, Gold Pebble, Glass & Steel Seals, Gold, Gilt and Steel Keys, Locket and Ring Cases, Gold, Silver and Pearl Buttons, Table, Desert and Tea Spoons, Soup and Punch Ladles, Sugar-Tongs, Salt Shovels, Scissors, Chains and Cases, Thimbles and Pencil Cases—With a variety of other articles; all of which he offers at the most reduced prices. Richmond, October 2, 1807. 6w
NOTICE THIS! WILL be SOLD, to the highest bidder, for ready money, on the premises, the 31st day of this month (October)  A Valuable Mill, Working two pair of stones with one hundred and fifty-five acres of land annexed, on the South side of the river, near the mouth of the house is 28 by 32 feet 2 story high, and at a small expense might be put in good order for manufacturing wheat. The mill seat is an excellent one, and is situated in an excellent wheat country. The land is very strong and well adapted to the culture of corn, tobacco, wheat & oats. This property is well worth the attention of any person who would wish to own such. It certainly will be sold, and it is expected, for much less than the real value. It likewise will sell or exchange for land in Kentucky, my LAND, where I now live, containing by estimation 516 1/2 acres, situated about 3 miles from the above mentioned mill. This tract is well known to be a valuable one, in good order for cropping, and very well improved. For this land I will make the payment easy to a purchaser. Henry Garrett. October 9, 1807. 3w
Education of Young Ladies, At Williamsburg. MR. ANDERSON'S Institution for Female Improvement will be opened this season, under circumstances that cannot fail to interest parents who have daughters to educate. The united cares of Mr. and Mrs. Anderson and Mrs. Camp will be devoted to the mental and personal accomplishment of their pupils, whose health, morals and deportment will meet with that scrupulous delicacy and attention, which parental solicitude only can properly appreciate. A large and elegant Apparatus has been provided for the illustration of the studies of Geography and History; and in cultivation of the English and French languages, Mr. A. will avail himself of the latest improvements of those celebrated writers, Lindley Murray of London, and N. C. Duff of Philadelphia, by each of whom he has been recently honored with a copy of the last edition of his works. The course of instruction will commence on the 20th October, and be completed about the 1st of May following—Terms of Boarding and Tuition for the whole period £30: Children under 10 years old at half-price. For the extra branch, of accomplishment, Music, Drawing & Dancing, some of the most eminent teachers in the United States are engaged to attend, on the usual terms, such pupils as desire improvement in these objects. Williamsburg, 6th Oct. 1807. 11N
FOR SALE, And possession immediately given,  156 Acres of LAND, Lying in the county of Louisa, on the waters of Rappahannock river and Oak creek; about one third is cleared and in good order for cultivation, the balance is in Woods a considerable proportion of which is good tobacco land. On the creek there is a very good water grist mill—the house is entirely new and well built, two stories high and calculated for manufacturing. It is thought necessary here to enumerate the advantages attending this valuable property, as it is presumed a view will be taken by those who wish to purchase; suffice it to say, that it is an excellent stand for manufacturing grain for distillery. For a store or for a tavern. Should this property not be previously disposed of, it will be offered to the highest bidder, on the premises, on Monday the 2d day of November next—one third of the purchase money will be required in hand, for the balance a convenient credit will be given.—For further particulars enquire of Mr. Laurence Minor, Louisa, who will show, and who is authorized to sell the same. William Dalbey. Albemarle, 20 h September, 1807. 11O
Will be Sold, On October Cumberland Court day next, on a credit of one and two years,  A TRACT OF LAND, Containing about four hundred and fifty acres, lying on the branches of Willis's river in said county of Cumberland, which was conveyed in trust to secure a debt due by James Thomas and Francis Deane to William Mewburn. This land adjoins Col. Benjamin Wilson and Langhorne Wathen, and formerly belonged to Edward Scruggs, from whom the said James Thomas and Francis Deane purchased. The purchaser will be bound to give bond with approved security, payable with interest from the day of sale. William Daniel, Jr. Wm. M. Tatham, } Comm's. Samuel Anderson, } 20 h Sept. 1807. 11N
NOTICE. ALL persons having claims against the estate of John Sandiford, deceased, are requested to bring them forward to the subscriber duly authenticated, on or before the 1st day of November next, at which time a dividend of the assets in my hands will take place—Those failing to comply with this advertisement will be excluded from the benefit of said dividend. Thomas White. September 2d, 1807. 11N
FALL GOODS.  TOMPKINS & MURRAY, Are now opening in the house opposite the Post-Office lately occupied by Messrs. Bohn & Hubner, an extensive assortment of  FINE GOODS, Received by the ship Calpe from London. They have been selected with much care and attention. Among them they would particularly recommend their Assortment of London Superfine Cloths, Casemires, Talbarts and Hats, All of a very superior quality. Also, an elegant assortment of Fashionable ROBES, MUSLINS, LACES, &c. They have also on hand, a large assortment of Coarse Woollens, Hardware, &c. Received by the ships Henschell, and John & Charles from Liverpool. The whole forms a complete assortment well worthy of attention, which they offer for sale on liberal terms. Richmond, 10th Oct. 1807. 1f
Fifty Dollars Reward. RUN AWAY from Reuben Clopton, when living in King William county, in the year 1791, on the first of January,  A Negro Man, By the name of NEPTUNE, who formerly belonged to the estate of John Hales, dec. living then in the lower end of Henrico—he is a tall, portly fellow, stoops in his shoulders, or you may say round shouldered, high forehead, his hair peeked on each side of his forehead, flat nose, large white teeth, draws his words when he talks, or rather talks through his nose, and has a scar some where in his face, about forty-five years of age—it is supposed he is now passing as a free man in the city of Richmond, as he thinks himself secure. There never has any efforts been made to apprehend him—he has a wife at John Hales, dec. living in the lower end of that county, and a mother—perhaps he may be harbored there. Any person, that will deliver him to William Clopton, in Cumberland, or secure him in any jail, so that I get him again, shall receive the above reward. ELIZABETH CLOPTON. Cumberland county, Aug. 14, 1807. 1f
FOR SALE, MY LANDS in Cumberland county, lying on Appomattox river, joining the lands of Messrs. William & George Salpeth; this land is equal if not superior to any land in Cumberland county, off James river, it contains 607 acres, one half of which is covered with fine timber of every description. There is on this land a decent dwelling house, and between four and five hundred bearing apple trees of choice fruit. One third of the money will be expected when a title is made, the other two thirds may be divided into two annual payments. Mr. Johnman Baker or Mr. William Skipwith will show the land to any person wishing to become a purchaser. FRANCIS EFFER. Chesterfield, June 3, 1807. 1D
Land for Sale. WELL worth the attention of any man—607 acres of LAND will positively be sold at Charlottsville, on Monday the second day of November next, at public auction—the payments are one third on the first day of March next; or wheat or tobacco will be received for this payment at the Richmond cash price—the balance in three equal annual installments, the bond to bear interest from the date if not punctually paid. This land lies on navigable water, the North river two miles below Milton. It affords some rich low grounds, a tolerable good mill site on the river—the dwelling house is quite new, large and very convenient—The property will be shown any gentleman by the subscriber, living on the premises. C. Peyton. September 20, 1807. 4w
FALL GOODS.  KIRBY, DRAKE & TAYLOR, ARE now receiving by the Ship Rolla, from London, a large and handsome assortment of FASHIONABLE GOODS, (selected by a partner of the house) AMONG WHICH ARE London Superfine Cloths, Casemires, and Tolinettes, superior quality. Gentlemen's Patent silk and Beaver Hats. Children's Trafalgar and Erskine do. Elegant Leno Pique and Sewed Muslins. Do. Robes and Dresses. Colored Italian Crapes for Ladies' Dresses. Silks, Cotton, and Worsted Hosiery. Irish Linens. Lawns and Sheerings. 4-4 Cotton Shirings, very fine. Ladies' Kid Shoes. Calicoes, Cambricks, Chambrays, Cotton and Thread Laces, &c. And in daily expectation of receiving by the Prospect from Liverpool, a large assortment of COARSE WOOLLENS, and all of which will be sold very low, wholesale and retail, for cash, or on a short credit to punctual customers. Richmond, September 29, 1807. 1f
Lesueur & Saunders Are now receiving and will constantly keep a large supply of  Bar-Iron & Castings, Of superior quality. Feb. 2d, 1807. 1f
William McCay,  Watch-Maker, Main-st. Richmond, RETURNS his thanks to his friends for the encouragement he has met with in his profession, and hopes for a continuation of past favors. W. McCAY has a general assortment of Gold and Silver Ware, made by the best workmen, which he has taken pains to obtain, consisting of warranted gold and silver Watches, Ladies' Ornamented and plain Combs, Mourning, Fancy and plain Ear-Rings, Mourning, Fancy and plain Finger-Rings, Mourning and Fancy Lockets, Miniature Settings, Necklaces plain and Ornamented, Mourning and Fancy Breast-Pins, Bracelets, Neck Clasps, Gold, Gilt, Steel and silk Watch Chains, gold, pebble, glass and steel Seal, gold, gilt and steel Keys, Locket and ring Cases, gold, silver and pearl Buttons, Table, Desert and tea Spoons, soup and punch Ladles, sugar Tongs, Salt Shovels, Scissors, Chains and Cases, Thimbles and pencil Cases—with a variety of other articles; all of which he offers at the most reduced prices. Clocks and Watches of every description repaired by him. October 14, 1807. 6w
TO BE SOLD, A Paineville, in Amelia county, on Monday the 28th of December next, an  Extraordinary valuable Black-smith Belonging to the estate of Richard Eggleston, dec. on a credit of six months. Bond with approved security will be required of the purchaser. October 11, 1807. 1D
Ellis & Allan, ARE OPENING AN EXTENSIVE ASSORTMENT OF  FALL & FASHIONABLE  GOODS (Selected by one of the partners) Received by the Calpe from London, and Prospect from Liverpool; amongst which are BEST London superfine and extra superfine Cloths, and superfine double and single cambric Kerseymores; patent Princes Corda; Royal patent Satin Velvets; Nett Pantaloons; Quiltings; Tolinettes; Spanish Mantilla; Cassimere Stripes, and rich tissue Silks, Silk Quiltings, black Florentine and Mouselin de laine; gentlemen's Vaucluse; gentlemen's worsted, cotton, silk & Angola Hosi; Ladies' ditto; gentlemen's fashionable Beaver and patent Silk Hats; gentlemen's Hessian Boots and Dress Panses; elegant Cambrie Jacquet Robes; Saranettes, Crapes and Opera & Imperial Nets; Italian Silks and Chambrays; Cambries and Muslins; Fawn Crimson, Nigona and India Mantles 6.4 & 7.4; Massonies of different colors; Spider Net; Baloon, Red Fox, Lynx, and Baronne Muff and Tipetes; Ladies' best Kid Shoes; Ladies' Linen and York Tan Gloves; 4.4 Irish Linens, 5.4 Sheerings, Long Lawns and some Irish Diaper and Damask Table Cloths; Irish and French Cambricks; Brussels Carpets and Rugs; Scotch and Kidderminster Carpets and Rugs; Blankets, Napped Cottons, Plaid, Kerseys, Coatings and clothes Fannels, &c., ready made Great Coats, Fes-tives, Surcoat Coats and Small Clothes &c. &c. which they will sell very low for cash or to good customers. October 15th, 1807. 1m
NOTICE. A petition will be presented to the next General Assembly praying that a law may pass authorizing the sale of certain Lands lying in the county of Powhatan, (of which Philip Gooch died seized) for the purpose of paying the debts due from said decedent. Robert Walter, Ex'rs of Philip Wm B. Gooch, Ex'rs of Philip Wm B. Gooch, dec'd. October 10th, 1807. 1m
At Private Sale. NEGRO COTTONS White, Green, Brown and Blue Duffles. Sagathys and Kerseys, in bales. Coarse Cloths, Flannels and Rose Blankets.—A great variety of Muslins, India and German Goods, &c. Also— Raw Sugar, in hds. Cognac and Apple Brandy. Holland and Country Gin. Northern and Mountain Whiskey. Molasses. Havana Sugar. London Particular Madeira Wine. Black Pepper. Bar and Rod Iron. Northern Candies and Soap, &c. Darmstadt, Foster & Satchell, Auctioneers. Sept 23. 2m
To the non-resident proprietors of lands situated in the State of Ohio. NO person possessing common feelings of humanity, can for a moment reflect upon the situation of the lands of the non-resident proprietors in the Western Country (where they are subject to be sold for taxation and no hope of redemption) without pitying the miseries of the truly unfortunate, or the misfortunes of a lunatic stripped of their dependence!!! The hungry speculator, stands ready to grasp the fortunes of those unfortunate persons, and although he may seize that which does not enrich himself, he may, nevertheless, place the property of the non-resident in such a situation, that the expense of the redemption would be almost as great a loss to the original proprietor, as the land would be worth—Such circumstances as these call aloud for a permanent agent for the non-residents in the State of Ohio. Having been solicited from various quarters to embark in the business of an agent for non-residents, I had determined to offer my services last fall when the recommendation letter subjoined was signed; but from the business, which, at that period engaged my attention from other quarters, I could only be induced to transact business in that capacity for a few friends. Having disengaged myself from those concerns, I now tender my services to non-resident proprietors of lands situated in the state of Ohio; who, tho' they are dispersed throughout the United States, have an opportunity now offered them, of employing an agent to attend to their business whose endeavor it will be to discharge it to their satisfaction. Those persons who are desirous of employing me as their agent, will address letters to this place by post, designating the business required to be performed; the situation of the land—the number of warrant—entry and survey—in whose name the same may have been entered, surveyed or patented, or in whose name it was entered with the auditor for taxation, and in what district or upon what watercourse the same may be situated, or as accurate a description as the nature of the case will permit. Should persons wish their lands redeemed from purchasers, if it belong to heirs it will be necessary to forward proper vouchers to that effect—if they wish their lands sold, divided, or disposed of in any manner whatever, proper authority should accompany their letters, and their business will be attended to upon the following  CONDITIONS: 1st. Paying taxes, taking receipts & transmitting duplicates to my employer, for every tract one dollar, and a commission of two and a half per cent. upon all monies received and paid for taxes. 2d. Selling or redeeming lands, &c. from six to ten per cent. or whatever the expense and trouble attending the business may be reasonably worth. 3d. All letters addressed to me must be post paid . Notes must be enclosed conveying the amount of commission & fees, as specified, and the amount of taxes which may be nearly ascertained (if the quality of the land is known) from the following rates of taxation imposed by law, viz. first rate land, ninety cents; second rate sixty-five cents—and third rate, forty cents per hundred acres. 4th. All employers will please to designate their address and place of residence. THOMAS S. HINDE. Chillicothe, state of Ohio, July 11th, 1807. ** The sale of non-residents lands will commence the first Monday in December next.
Chillicothe, December 6th, 1805. From our acquaintance with Thomas S. Hinde, and being informed that he offers his services as agent for the proprietors of lands, who are non-residents within the State of Ohio. We feel no hesitation in recommending him to our respective friends, acquaintances and all non-resident proprietors, as a proper person to be employed in that business; and from our acquaintance with him, conceive that he will discharge the duties assigned him, with fidelity, promptitude and dispatch. Given under our hands at Chillicothe, the date above written. James Taylor, Hen. Massie, Ch. A. Stuart, E. Langham, George Clark.
Chillicothe, July 11th, 1807. From our acquaintance with Thomas S. Hinde, we conceive him well qualified for discharging the duties of an agent for non-resident proprietors of lands in the State of Ohio. Thomas GIBSON, Auditor of Accounts for the State of Ohio. WILLIAM M C FARLAND, Treasurer. A. J. DALLAS, Collector of non-resident land tax.
NOTICE is hereby given, that I shall petition the next Session of Assembly for leave to erect a Water Grist Mill, on Ba-nister river in this county near the courthouse, the dam to extend from my land on the South side of the said river to the land of Hardaway Chandler on the opposite side. John Wimbish. Halifax county 28 h September 1807 3
Buckingham County, August Term, 1807. Joseph Fuqua, Stephen Fuqua, Moses Fuqua, Aaron Fuqua, John Flood and Mary his wife, and Erasmus Jones and A. Mey his wife, plaintiffs. Noah Flood, administrator of Elizabeth Fuqua, deceased, and John Goode and Judith his wife, defendants. On the motion of the plaintiffs by their counsel, and it appearing to the court that the defendants John Goode and Judith his wife are not inhabitants of this state; It is ordered, that unless they appear here on or before November court next and answer the bill of the plaintiffs, the court will then proceed to take the same for confessed as to them, and decree the matter thereof accordingly; and that a copy of this order be forthwith published in some public newspaper of the city of Richmond for two months successively, and another copy be posted up at the front door of the courthouse of this county. A copy, Teste. R. Eldridge, Jr. d. c. ** Subscriptions for Lewis and Clark's Tour, received at this Office.
LOAN OFFICE, State of Virginia, June 8, 1807.  NOTICE is hereby given, That in conformity with the provisions of the act supplementary to the act, intitled "An act making provision for the redemption of the whole of the public debt of the United States," books will be opened at the office of the commissioner of loans for the state of Virginia, on the first day of July next, to continue open until the seventeenth day of March, 1808, inclusively, the fourteen last days of each quarter excepted, for the purpose of receiving subscriptions for such parts of the old six per cent. deferred six per cent. and three per cent. stocks, as may, on the day of subscription, stand on the books of the said commissioner of loans. Those proprietors of the old six per cent. and deferred stocks, who may subscribe, will receive in lieu thereof a new six per cent. stock, equal to the unredeemed amount of the stock surrendered, redeemable at the pleasure of the United States, under a proviso however, that no reimbursement shall be made except for the whole amount of any such new certificate of stock, nor till after six months previous notice: and the proprietors of the three per cent. stock who may subscribe, will receive in lieu thereof, a six per cent. stock, equal to sixty-five per cent. of the amount of three per cent. surrendered, redeemable in the same manner as the new six per cent. above mentioned, but not redeemable however, without the assent of the holders, until after the whole of the new six per cent. (given in exchange for old six or deferred as abovementioned) as well as the whole of the eight per cent. stock of the United States, shall have been reimbursed. It is also provided that in every reimbursement which may take place, a preference will be given to those creditors who may notify their wish to be reimbursed; and that if the applications to that effect shall at any time either exceed or fall short of the sum then applicable to that purpose, the priority of payment shall, so far as may be necessary, be determined by lot.
The present stockholders who reside in any part of Europe, and may assent to that modification, may, at their option, receive the interest accruing on the new stock, either in the United States as heretofore, or in London, or Amsterdam, at par: in which last case the interest will be paid there by the bankers of the United States, six months subsequent to the day on which the same would be payable in the United States and subject to no variation; nor to any other deduction than a commission to the bankers, of one half per cent. on the interest thus paid. JOHN PAGE, Commissioner of Loans.
NOTES. Proprietors of 1000 dollars nominal six per cent. stock, subscribed before the 1st October, 1807, will be entitled to receive, 649 62 of new stock of subscribed between the 1st October, and 31st Dec. 1807, 644 37 If subscribed between the 1st January and 17th March, 1808, 619 03 Proprietors of 1000 dollars nominal deferred, subscribed before the 1st October, 1807, will be entitled to receive, 855 78 If subscribed between the 1st October, and 31st Dec. 1807, 853 62 If subscribed between the 1st January, and 17th March, 1808, 831 42 Being the unredeemed amount of the old stock on the 1st July, and October, 1807, and 1st January, 1808, respectively. Proprietors of 1000 dollars three per cent. stock will be entitled to receive 650 dollars of new stock. J. P. Com'r. Loans.
Nails, Brads & Sprigs, MANUFACTURED at the Penitentiary, and for sale by NICHOLAS HALLAM, agent for the Commonwealth, a few doors above the Swan Tavern, Richmond.  CUT NAILS.    Wholesale.  Retail.    3d. 12 1-2 cents.  13 1-2 cents per pound!    4d. 11 1-2  12 1-2    6d. 10 1-2  11 1-2    8d. 10  11    10d. 9 1-2  10 1-2    12d. 9 1-2  10 1-2    20d. 9 1-2  10 1-2    CUT BRADS.    8d. 9 1-2  10 1-2    10d. 9  10    12d. 9  10    20d. 9  10    WROUGHT NAILS.    6d. 12  13 1-2    8d. 11 1-2  12    10d. 11  12    12d. 11  12    20d. 11  12   Spikes of all sizes the same price as 30d nails.  CUT SPRIGS. 3d.—50 cents per thousand—4d. 67 cents per thousand—6d. 84 cents per thousand. Also, for sale as above, a variety of Plantation Utensils, such as Plough-irons, Harrow-teeth, Axes, Wedges, Chains, &c.
SHOES Of all sizes made of the best materials, may be had on the most reasonable terms. Where also may be had a general assortment of well chosen GROCERIES. May 13, 1807. tf
Notice. Committed to the jail of Charlotte county on the 20th of July last, a Negro Man, who calls himself Frederick, and says he belongs to Clem. G. Cooke of Goochland, he is about 5 feet 10 inches high, has an old dress great coat, and an iron collar about his neck with him about 2 feet of chain on it the owner is requested to prove his property, pay charges and take him away, or he will be dealt with as the law directs. 25th Sept 1807, Francis Scott, Jr. Jailor. wdm