The enquirer (Richmond, Va.), 1807-10-23 00:00:00

The Enquirer.
PUBLISHED BY THOMAS RITCHIE, OPPOSITE THE POST-OFFICE.....AT FIVE DOLLARS PER ANNUM.....(PAYABLE IN ADVANCE.)
VOLUME 4.]
RICHMOND, FRIDAY MORNING, OCTOBER 23, 1807.
[NUMBER 43.
ELLIS & ALLEN.
ARE OPENING AN EXTENSIVE ASSORTMENT OF FALL & FASHIONABLE GOODS, (Selected by one of the partners)
Received by the Calf from London and Profectress from Liverpool.
—AMONGST WHICH ARE—
BEST London superfine and extra superfine Cloths, and superfine double and single milled Kersey-totes, Patent Prince's Cords, Royal patent Satin Velvets, Net Pentaloons, Quiltings, Toilets, Spanish, Mancello, Cercassian Stripes, and rich tiffue Silks, silk Quiltings, Black, Florentines and Molekins for velts, Gentlemen's Vandykes, Worsted, cotton, silk and Angola Hosiery, Ladies gauze and worsted do., Plain cotton & laced Clocks do., from 8-2 to 9-Strong, Black cotton and worsted ditto, Gentlemen's fashionable beaver and patent silk Hats, Hosiery Boots and dress Pumps, Elegant Cambrie Jacquet Robes, Saracens, Crapes and opera and imperial Nets, Italian Silks and Chambrays, Cambrics and Mullins, Fawn, Crimson, Negrona & India Mantles, 6-4 & 1-4, Maroons of different colours, Spider Net Balloon, Redfox Lynx and Barawche Muffs and Pippets, Ladies best kid Shoes, Lymerick and York Town Gloves, 4-4 1/2 Linens, 5-4 Sheeting, Long Lawns, and some Irish Diaper and Damask table Cloths, Irish and French Cambrics, Brussel's Carpets and Rugs, Coatings and Cloths, Flannels, and ready made Great Coats, Pelisses, Surtout Coats and Small Cloaches, &c. &c. &c. which they will sell very low for cash or on a short credit to good customers. Oct. 20. eplm&caw1m.
DODGE & COBB.
HAVE just received a very general and elegant assortment of FALL & WINTER GOODS; Which are much lower than ever before sold in this city. October 20. (if)
NOW LANDING AND FOR SALE,
20 hds. Loaf Sugar 20 hds. 1st quality brown Sugar
20 hds. Rye Whiskey 25 boxes Cotton Cards
17 hds. Antigua Rum 10 cases Malaga Wine
10 Tiers Prime green Coffee 2 ton Patent Shot.
—IN STORE—
40 bags Green Coffee 30 hds. N.E. Rum
20 bags Pepper 15 pipes old proof Cognac
30 boxes 8 by 10 Glafs msc Brandy
20 trunks Shoes 20 kegs Hamilton's 2 ton bar Lead Snuff.
TERMS liberal, and made known on application to HENRY HOVEY. October 20, 1807. ep3w.
NOTICE.
THE Creditors of Mr. George Greenhow, are hereby notified, that a Dividend will be made at our Vendue Office, on Monday, the 9th of November next, where they are desired to attend with their accounts properly authenticated. TAYLOR & BROWN, Trustees. Oct. 20. ep3hNov.
By virtue of a deed of trust, executed to me by Armistead Russell, for the purpose of securing to Bartholomew Dandridge, the payment of one thousand two hundred and nineteen pounds and eight pence: I shall, on the 10th day of November next, proceed to sell, to the highest bidder, for ready money, at New-Kent Court House, A TRACT OF LAND, lying in New-Kent county, called Pomdexter's, containing six hundred and thirty-six acres; twelve likely NEGROES; or so much of the said Property as may be necessary to satisfy the balance of the debt due on said deed, together with the expenses attending the execution thereof. WM. ARMISTEAD, Trustee. Oct. 20. tdf.
At a Court held for Henrico County, at the Court House, the ninth day of September, 1807. Joseph Wheatley & Company vs. George Duncan and Lazarus Joseph, Defs. IN CHANCERY.
THIS day came the complainants by their counsel, and the defendant, Duncan, 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 motion of the complainants, it is ordered, That he do appear here on the 20th day of December next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted on some newspaper printed in the City of Richmond, for two months successively, and posted at the door of the Court-House of this county on two successive court days. A Copy. Teste. ADAM CRAIG, c. c. Sept. 22. ep2m.
In King William County Court, August 28th, 1807. Lawrence Muir, Compt. vs. Thomas Reeves and John Temple, Defs. IN CHANCERY.
THIS day came the complainant by his counsel, and the defendant Thomas Reeves, not having entered his appearance and given security according to the act of Assembly and rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this country: On motion of the complainant, it is ordered, that the said defendant, Thomas Reeves, do appear here on the fourth Monday in November next and answer the bill of the complainant; and that a copy of this order be forthwith inserted in some newspaper published in the city of Richmond for two months successively, and another copy be posted at the front door of the court-house of this county; And it is further ordered, that the defendant Temple, do not pay, convey or any other way dispose of any money or debts to the defendant Reeves, until a further order or decree of this court. A Copy. Teste. RO: POLLARD, Jr. d. c. c. Sept. 1. ep2m.
NOTICE.
THE Co-partnership of John Lockland & Co. is this day dissolved. All those indebted to said concern will please come forward and settle their accounts. Those that have claims against said concern will please come forward and have them adjusted. JOHN LOCKLAND, SAYMIR SCOTT. Oct. 1. 2aw3w.
THE Subscriber intends keeping an assortment of GOODS, suitable to the Season. Which will be sold on Moderate terms. JOHN LOCKLAND. Oct. 10.
Europe.
FURTHER EXTRACTS.
From London Papers to the 7th ult. inclusive, received at the office of the Mercantile Advertiser, by the ship Swift.
LONDON, August 28. We stated above a month ago, that a report was prevalent upon the Continent, that it was the intention of Bonaparte to take the title of "Emperor of the West," and that the Emperor Alexander was to assume the title of the "Emperor of the East or of the North." There is a passage in the speech of Bonaparte to the Legislative body, which tends very strongly to corroborate that report, for in speaking of the peace which he granted to the King of Prussia, he says, "The house of Brandenburg is indebted for still being permitted to reign to the sincere friendship with which the powerful Emperor of the North has inspired me."—Bonaparte having bestowed this title upon the Emperor of Russia, will, we have little doubt, soon assume the title of "Emperor of the West." The tribunal is about to be abolished, for what cause we are not informed.
Within these few days orders have been issued for twelve sail of the line, with frigates, to be prepared for the North Seas, during the winter months.
National Rank.—Upwards of 300 years ago (in 1505) that important officer called the master of the ceremonies, who officiated for Julius II. ranked the powers of Europe in the following order:
1 The Emp. of Germany, 14 Holland, 15 Denmark, 16 Republic of Venice, 17 Duke of Brittany, 18 Duke of Burgundy, 19 Elector of Bavaria, 20 Elector of Brandenburg, 21 Elector of Saxony, 22 Archduke of Austria, 23 Duke of Savoy, 24 Grand D. of Florence.
Russia, Prussia, nor Sweden, do not appear in the catalogue; and the Papal Sovereign, who presided over the College princes, has now, in a manner, withdrawn from the political hemisphere.
A Dublin paper states that the Ross Island and Enniscorthy mines have for three years past afforded employment to upwards of ten thousand people; and adds, that a new mine has lately been discovered on the estate of the Earl of Derry, near the town of Tipperary. It is said that the chief food of Bonaparte's immense hosts during the late campaign was bisquit.—It is obvious, however, that at least they got into good bread.
September 1. British Navy.—The following is the amount of the British naval force up to this day.—At sea 96 ships of the line, 10 from 50 to 44 guns, 134 frigates, 155 sloops, &c. and 199 gun brigs and other vessels.—Total, 592.—In port and fitting, guard ships, &c. 74. Ships of the line, 8 from 50 to 44, 38 frigates, 42 sloops, &c. and 43 gun brigs and other vessels.—Total 178.—Building, 34 ships of the line, 25 frigates, 25 sloops, &c. and 4 gun brigs and other vessels.—Total, 63.—In ordinary, 42 ships of the line, 12 from 50 to 44, 33 frigates, 44 sloops, &c. and 17 gun brigs and other vessels.—Total, 263.—Grand Total, 1,026.
Yesterday evening the Russian frigate Swift, arrived in the Downs direct from St. Petersburg. The circumstance was immediately communicated to the Admiralty by the Telegraph, and some importance was at first attached to the arrival of this vessel. It appears, however, that she was bound to Lisbon with the prince and princess Galitzin on board. The latter was going to Lisbon for the recovery of her health, but died upon her passage.
The misunderstanding which appears to have taken place between the English and the Chinese at Canton, is a subject of great exultation to the editors of the American newspapers, who confidently predict the exclusion of British subjects from the Chinese market, and who expect with equal confidence, that the whole of that trade will fall into the hands of the Americans. We have little doubt that the circumstances of this dispute are very much exaggerated in the American accounts, and it is in all probability long since amicably adjusted. The Americans would no doubt be glad to see the English excluded from the Chinese market, as they would then not only acquire a great part of our trade, but would also get rid of the title which the Chinese, upon comparing their conduct with that of the English merchants, have given them, viz.—"Second-class Englishmen;" or, "Englishmen of the second sort."
Major-General Grant has announced the discovery of the Longitude by a Mathematical Instrument, which shows the rate of a ship sailing continually with the greatest accuracy. This instrument is connected with others, which point out the rate of the ship, her latitude and longitude, in direct or oblique sailing. The MSS. belonging to the Stuart family, about which so much has been said, and to inspect which Mr. Fox was understood to have been induced to visit Paris a few years ago for historical purposes, are, according to report, now in this country. An envelope, bearing that the contents were those Papers, was, we are informed, exhibited at the Secretary of State's Office some months ago, and is not unlikely to be produced again before Lord Ellenborough.
Notice of the French having had an embargo on all the Portuguese and Danish vessels in their ports, is stuck up at Lloyd's. It is stated that, agreeable to the call of our proclamation, persons of consideration and magistrates, in Denmark, have agreed to set under the direction of our commanders, with a view to prevent disorder, and to secure the peaceable supply of articles which must have been taken by force.
According to private letters received from Denmark, it is confident that the general understanding, that Bonaparte made a most tempting proposition to the regent Prince, in case he consented to co-operate in his views. This proposition is said to be the return of the
kingdom of Sweden with that of Denmark and Norway; and this union to be accomplished by French troops, provided the Prince Regent would agree to close the Sound against our trade, and place the Danish fleet at the disposition of France. That such a proposition may have been made, is extremely probable; but no action is hazarded, nor is any reason stated, to induce a belief that the Prince Regent had manifested a disposition to accede to it.
The Danish ships of war are, we are assured by professional men, quite incapable of being converted to any warlike purpose for this country. Unless as transports, they are of little value to us. As such, they are so constructed as to afford accommodation for a much greater number of troops than any vessels of the same tonnage in this country. But, as men of war, they are not fit to be placed in line with our vessels of that class, and of course are not, in point of view, to be reckoned as any acquisition to us. They might, however, in the hands of the enemy, be rendered extremely injurious to us in the Baltic, for which they are peculiarly built and fitted.
An order has been sent out to the squadron in the West-Indies, for the immediate capture of Santa Cruz, St. Thomas, and other Danish colonies.
The surrender of Stralsund was hastened by the pressing importunities of the inhabitants, who almost hourly entreated his Swedish Majesty to surrender the place in order to save it from the dreadful effects of a continued siege. The Swedes marched out on the 23d, and the city and fortress were on the same day occupied by the French. The former were conveyed to the island of Rugen.
SEPTEMBER 5. In the end we are successful in our expedition against the Dines, we do not think it practicable to maintain Zealand during the winter, even if we leave a garrison of 20,000 men in Copenhagen. Our fleet, during the stormy months, will be of but little assistance to us in such a dangerous sea as the Baltic; and the passage of the Belts must be quitted entirely—it being too dangerous for ships of war to enter. In this situation what can 20,000 English do against the force the Dines will send from Holstein? If the equinox sets in early in the year, and before we have accomplished the capture of Copenhagen, we shall consider our whole expedition as in jeopardy.
The circumstance of the Prince Royal of Denmark having committed the defence of Copenhagen to Gen. Peymann and retired to Holstein, has led many to imagine he has given up all hopes of successfully defending the place against the attacks of the English. This may be found to be the case; it is very probable that his journey to Holstein is for the purpose of devising means to succour the besieged; for in stormy weather, our vessels of war cannot completely guard the passage of the Belts; and it would be practicable, at least, to land officers and engineers, which we understand constitute the principal wants of the Dines. If landed, though not able to enter Copenhagen, they might organize the militia of the Island, and with them make a powerful diversion. Ibid.
It affords us much satisfaction to find, that the American Government has not been so far influenced by the senseless clamour excited in that country, as to adopt the passions and violence of the mob on the Banks of the Chesapeake. Letters of the 3d ult. were received yesterday from Virginia, which mention, that by an order of the Executive, the two officers and three seamen belonging to the Melampus frigate, who were detained, had been released, and sent on board one of the British squadron.
The letters from the fleet mention, that it was not the intention of Lord Cathcart to make his final summons to the government of Copenhagen, until all his batteries were finished, and the place completely invested. This could not be effected till the 23d, and the final summons would probably be made on the 23d.
From a Liverpool paper of Sep. 5, 1807.
DENMARK. The awful circumstances in which this kingdom is placed, and the impenetrable darkness, which veils the operation of our expedition lately set against it, induce us to hope that the following brief account of that monarchy may not be unacceptable to our readers:
Denmark consists of several Islands in the Baltic; and of Jutland, Sleswick, Holstein and Norway, upon the Continent of Europe; Iceland and the Feroer Isles in the North sea. The following is the present state of its naval and military force:
Table with 2 columns: Line of battle ships, Frigates, Flat bottomed boats, mounting 2 cannons, Seamen, Men in the dock-yards. Total: 95,000.
The entire population of the kingdom of Denmark may be estimated at upwards of 3,500,000. Its revenue exceeds 2,000,000 sterling, and the whole kingdom contains 163,041 square miles. Her troops are brave, and her seamen well skilled in nautical affairs.
Copenhagen, which is the Capital, is situated in a Bay or Haven in the Island of Zealand, and contains about 100,000 inhabitants, and more than 180 streets, with remarkably well built houses. Its distance from Elsinour or the Sound, is about 21 English miles. The city was founded in the 12th century, and was originally a place of resort for fishermen only. The harbour is circular, and the entrance into it from the sea a channel or gut, the middle of which only is navigable. The water on each side is very shallow, and defended by a peculiar kind of military work called naval horns, the nature and strength of which merit a more detailed explanation. They are made of large beams, from 16 to 30 feet long, shod with iron and put together like chevrons de frize. They are then put on flat-bottomed vessels, and sunk, three, four, and five feet below the surface of the water. In the Belts, and other passages, particularly in narrow channels, where the water has neither tide nor current, they are easily laid down and taken up. The Swedes were the first who made use of these works, and they have frequently been adopted both at Cronstadt and Copenhagen.
Elsinour was a small village till 1446, when it was made a staple town by Eric of Pomerania, who conferred several immunities upon it. From that period it has gradually increased in size and wealth; and is now the most commercial town in Denmark except Copenhagen, from which it is distant 21 miles. It contains about 6,000 inhabitants.
The passage of the Sound is guarded by the fortress of Kronberg, which is situated on the edge of a peninsular promontory, the nearest point of land to Sweden, distant about three miles. It is strongly fortified towards the land by ditches, batteries, and entrenchments, and towards the sea by several batteries, mounted with 60 pieces of cannon, the largest 41 pounders. Every vessel that passes lowers her top sails, and pays a toll at Elsinour. It is generally alleged that this fort guards the Sound, and that all vessels must, on account of the shallows of the water, and currents, steer to close to the batteries, as to be exposed to their fire. This, however, is a mistaken notion. On account, indeed, of the numerous and opposite currents in the Sound, the safest passage lies near the fort; but the water in any place is of sufficient depth for vessels to keep at a distance and the largest ships can even sail close to the coast of Sweden. The kings of Sweden claimed an exemption from toll, but by a treaty in 1720, they agreed to become subject. All vessels, beside a small duty, are rated at 1 1/2 per cent. of their cargoes, except the English, French, Danish and Swedish, which only pay 1 per cent. and in return the crown takes the charge of light-houses, signals, &c.
The palace of Kronberg, which is in the fort, is square Gothic buildings. In it was confined the unfortunate Matilda, sister to the English king. Elsinour is also remarkable for being the scene of Shakespeare's Hamlet, and there is a garden half a mile from Kronberg, which is said, by tradition, to be the very garden where the murder of his father was perpetrated. The garden occupies the side of the hill, and is laid out in terraces rising one above the other.
COPENHAGEN, August 18. Since the landing of the English, upwards of twenty spies have already been apprehended, some dressed as peasants, and others in women's clothes. Yesterday the English commenced in the road to bombard the Castle and the Three Crown Battery. There bombs are of the same description as those on the 24 April, 1801; that is, most pitiful, most of them built in the air.
Our fleet of bomb vessels were out this morning, and have done them considerable mischief. We are in high spirits, and entertain no doubt of their being defeated. They were allowed to land undisturbed in order to surround and destroy them.—(Hamburg Correspondent, Aug. 22.)
DENMARK, Aug. 20. The Prince Royal has given orders rather to burn the fleet, in case of extremity, than to suffer them to fall into the hands of the enemy. When Mr. Jackson, it is said, gave him twelve hours to take his final resolution, he did not comply to many seconds in positively rejecting his propositions.
DRESDEN, July 23. It is reported here, on what is believed to be good authority, that the French marshal Ney will be appointed commander in chief of the whole Saxon army; which army will be entirely new organized.
LONDON, Sept. 7. The official dispatches of the Commanders of the Expedition against Copenhagen were published in Saturday's Gazette. We have been in possession of their substance for some days, but the details will, notwithstanding, be read with interest. It appears from the journal of the military operations, transmitted by Lord Cathcart, that very little opposition was offered to the investment of the town. In the course of eight days the loss of the British troops, officers and soldiers, amounted only to four killed and two wounded. The German Legion, the returns of which are wanting, having been actively engaged in the only two affairs of any importance might have suffered more, but as in the principal of these the Dines were taken by surprise, the loss was probably not considerable.
A report, laid to be founded on letters received from Holland, is very current in the city this morning, that the bombardment of Copenhagen commenced on the 23d ult. and was continued until the 25th, when the town, and the whole of the Danish navy, was surrendered by capitulation.
A letter from Constantinople of the date of the 20th of June, confirms the statement of the Monitor that the Divan had resolved not to receive the new English Ambassador. A message was accordingly sent to him to prevent him from entering the capital. He also received notice, that no proposition from his court would be listened to till the English had entirely evacuated Egypt and withdrawn their cruisers from that part of the Mediterranean.
An order of council was published in Saturday's Gazette, prohibiting all vessels belonging to his majesty's subjects from entering or clearing out from any of the ports within the dominions of the king of Denmark until further orders; that a general embargo be laid on all Danish vessels in English ports, and that Danish vessels in with on the high seas be detained.
On Friday morning an order was sent to the Chatham division of Royal Marines, for an immediate embarkation of officers and men to proceed immediately to join the expedition to the Baltic.
Government, we understand, have taken up transports to carry between 2 and 3000 tons of ammunition and other military stores. This quantity is proportioned to as large a force as the expedition to the Baltic.
The 9th regiment, which has been stationed at Killarney, &c. has set out for Cork, in order to join the 2d regiment, and proceed direct for Canada. Extract of a letter from Peterhoff, July 31. "We have now got the French Ambassador, Gen. Savary and suite, and Lord Gower. On the 5th August there is to be a grand Masquerade at the Palace of Peterhoff in the celebration of the peace. Every thing is to be on the first scale of magnificence. The general opinion on 'Change is, that the Emperor is much displeased with the conduct of the late English government, and at present we know he is very unfriendly to the English here. How matters will end God only knows. His Imperial Majesty has just been down at Cronstadt inspecting the fortifications, which have been put in the strongest possible state of defence."
The account of the operations is not brought down to a later date than the evening of the 21st ult. We understand however, that the post of Roskilde, in front of which a sharp fire took place on the 20th, fell into our possession on the 23d, but having been entered after the dispatches were closed, the fact could not be officially announced in the Gazette.
The preparations for bombarding Copenhagen on the land side were considerably advanced on the 21st, and would, it was supposed, be completed within two or three days after, when, notwithstanding the failure of the recommendation made to the command-
ing General on that day, the garrison would be again summoned to surrender. It is obvious, from the little resistance made to the advance of our army and the destruction of batteries, that the amount of the Danish resistance in Copenhagen has been much exaggerated in the Dutch and German journals. If General Peymann could have brought any thing like 11,000 regulars into the field, exclusive of militia, we should not, however great the exertions and bravery of our troops might have been, have been able to completely invest the town on the day after the disembarkation of a part only of our force. With means so obviously inadequate to successful resistance, it is hardly to be expected that the Governor of Copenhagen will resolve upon a protracted defence, and expose it to the horrors of a bombardment. We rather think that he will open a negotiation, when he finds that the preparations for attacking the town on the land side are completed, and agree to the surrender of the fleet upon the terms stated in the British Proclamation. It is possible, however, that for the purpose of preventing the occupation of Holstein by the French, and impressing them with an opinion that he was sincere in his resistance, and had carried it as far as possible, the Crown Prince, who, in fact, comprises within himself all the power of the Danish Government, might have determined upon sacrificing the fleet.
TRANSLATION. Hostilities having commenced on the part of the English, I hereby declare, in virtue of the highest authority, that all English property be laid under sequestration, which each and every one is accordingly enjoined to report the English property of what kind or nature soever to the Police, who will make the further necessary arrangements. Any one who conceals, or does not fulfil this order, will be considered as a traitor to the country. (Signed) PEYMAN. Copenhagen, August 16, 1807.
Copy of a letter from Ad. Gambier to the English Secretary for foreign Affairs. Prince of Wales, off Copenhagen, Aug. 21, 1807.
My Lord—Being of opinion that the service on which his majesty's forces at the Island of Zealand are employed, renders it highly expedient that all neutral trade therewith should be for the present suspended, I have judged it my duty to issue an order (of which I have the honour to transmit your Lordship a copy,) declaring the said Island, and others contiguous thereto, together with the passage of the Great Belt, to be in a state of close blockade, and directing that all neutral vessels persisting to enter into the said islands and passage, after receiving due notice thereof, shall be detained and sent to one of this anchorage, pending that such vessels shall not be allowed to pursue their respective voyages until the circumstances of the islands shall permit them to do so, and consistently with the object of the present service. I have the honor to be, &c. J. GAMBIER.
The publication of the following decree of the French government will impress on the merchants of the United States, the necessity of taking the precautions therein required.
Decree of the French Republic, 13th Messidor 10th year. Art. 18. All foreigners are prohibited from bringing within the territories of the Republic, any black, mulatto, or other person of colour or caste. Art. 24. All blacks, mulattoes, or other persons of colour of either sex who are not in service or equally prohibited from entering the continental territories of the Republic in future under any cause or pretext whatever, unless they bring with them the special permission of the magistrates of the colonies from which they came, or if they did not come from the colonies, without the permission of the minister of marine and the colonies. Art. 34. All blacks or mulattoes who shall come within the continental territories of the republic, after the publication of the present decree, without bringing with them the permission pointed out in the present article, shall be arrested and detained until they are sent out of the country.
The Enquirer.
RICHMOND, 23rd October.
TRIAL OF AARON BURR.
MOTION FOR COMMITMENT.
Conclusive OPINION of the CHIEF JUSTICE Marshall, on the motion for commitment—Delivered on
TUESDAY, October 20.
Much of the difficulty of the present case arises from its being attended by circumstances entirely opposite to those which are usually found in motions of a similar description.
An examining magistrate commences and ought to commit on probable cause. In defining his duty, after stating that he may arrest either upon his own suspicion or that of others, Blackstone adds, "but in both cases it is fitting to examine upon oath the party requiring a warrant, as well as to ascertain that there is a felony or other crime actually committed without which no warrant should be granted; as a so to prove the cause and probability of suspecting the party against whom the warrant is prayed."
But altho' the existence of a fact as the foundation of the charge must be proved before a magistrate can legally imprison a citizen, it is not believed to be true that the same necessity exists for ascertaining with equal clearness the full legal character of that fact, or the degree of guilt which the law attaches to it. On a charge of murder, for example, the homicide must be proved; but the enquiry whether it be justifiable or otherwise is seldom made by an examining magistrate. He could not refuse to commit unless it was perfectly clear that the act was innocent. An opinion that a jury ought to acquit would not warrant a refusal on his part to take the steps which might bring the accused before a jury.
In cases where the legal effect of the act alleged to be criminal is in any degree doubtful, it would greatly derange the regular course of justice, and enable many offenders to escape, should a magistrate refuse to arrest until he had received full proof of guilt. If the fact be of such a character as perhaps to be construed into a high and dangerous crime with the aid of other testimony which the nature of the case admits, it would seem to be a duty to secure the person in order to abide the judgment of the law.
Among the many reasons which may be enumerated for committing in a doubtful case are: 1st. That upon a considerable portion of a criminal charge it is the peculiar province of a jury to decide.
2d. That additional testimony is to be expected; and 3d. That the person most commonly making the commitment is a justice of the peace, not authorized finally to try the offender, and who consequently, whatever may be the fact,

is not presumed to be so competent a judge of the law of the case as he is, to whom the power of deciding it, is confided.
Had these proceedings commenced with the present motion founded on testimony such as is now advanced, I certainly should have felt no difficulty in deciding on it. But the proceedings are not now commencing. The persons against whom this motion is made have been seized, one in the Mississippi territory, one in Kentucky, and one in the western parts of Pennsylvania or New-York, and brought to this place for trial. An immense number of witnesses have been assembled, and a very extensive investigation of the transactions alleged to be criminal has taken place. The result has been the acquittal of one of the accused upon the principle, that the offence, if committed any where, was committed out of the jurisdiction of this court; and a nolle prosequi has been entered with respect to the others. The witnesses, intended to establish the charge before a jury, have been examined, and the probability of obtaining testimony which can materially vary the case is admitted to be very remote. The great personal and pecuniary sufferings already sustained must be allowed also to furnish some motives, for requiring rather stronger testimony to transmit the accused to a distant state for trial, than would be required in the first instance. It may likewise be added as a consideration of some weight, that the Judge who hears the motion, so fitting as an examining magistrate, is one of those who is by law entrusted with the power of deciding finally on the case; & there seems to be on that account the less reason for referring the party to a distinct tribunal on a point, on which a slight doubt may exist.
I do not believe that in England, whence our legal system is derived, a justice of assise and nisi prius , after hearing the whole testimony, would commit for trial in another county, a man who had been tried in an improper county; unless the probable cause was much stronger than would be required on ordinary occasions.
These conflicting considerations certainly render the questions to be decided more intricate than they would be in a different state of things. After weighing them I have conceived it to be my duty not to commit on flight ground; but at the same time I cannot permit myself to be governed by the same rules which would regulate my conduct on a trial in chief.
There are certain principles attached to the different characters of a judge sitting as an examining magistrate and on a trial in chief which must essentially influence his conduct even under circumstances like those which attend the present case. It is a maxim universally in theory, that sometimes neglected in practice, that in criminal prosecutions, there be doubts either as to fact or law, the decision ought to be in favor of the accused. This principle must be reversed on a question of commitment. In a case like the present, if the Judge has formed a clear opinion on the law or fact, which there is not much reason to suppose additional testimony might be obtained to change, it would be injustice to the public, to the accused, and to that host of witnesses who must be drawn from their private avocations to the trial, should he take a step which in his judgment could produce only vexation and expense; but if he entertains serious doubts as to the law or fact, it is, I think, his duty even in a case like this, not to discharge, but to commit.
The charges against the accused are:
1st. That they have levied war against the United States at the mouth of Cumberland river in Kentucky; and 2dly. That they have begun and provided the means for a military expedition against a nation with which the United States were at peace.
With respect to one of the accused, a preliminary defence is made in the nature of a plea of autrefois acquit .
If the question raised by this defence was one on which my judgment was completely formed in favor of the person by whom it is made, it would certainly be improper for me to commit him; but if my judgment is not absolutely and decidedly formed upon it, there would be a manifest impropriety in undertaking now to determine it. This does not arise from any fear to meet a great question whenever my situation shall require me to meet it, but from a belief that I ought as well to avoid the intrusion of my opinions on my brethren in cases where duty does not enjoin it on me to give them, as the withholding of those opinions where my situation may demand them. The question whether autrefois acquit will be a good plea in this case, is of great magnitude and ought to be settled by the united wisdom of all the Judges. Were it brought before me on a trial in chief I would, if in my power, carry it before the Supreme Court; when brought before me merely as an examining magistrate, I should deem myself inexcusable were I to decide, while a single doubt remained respecting the correctness of that decision.
To little new and important questions in our criminal code, especially where those questions are constitutional, is a task upon which a single Judge will at any time enter with reluctance; certainly, he would not willingly engage in it while acting as an examining magistrate. There is a decent fitness which all must feel in bringing such questions, if practicable, before all the Judges. In England, trials which are expected to involve questions of great magnitude, are seldom assigned to one or two Judges. At that interesting crisis when Hardy, Tooke, Tachwell and others were indicted for treason, Chief Justice Eyre was aided and supported by four associate judges of high talents and character. It would, I have no doubt, in that country be a matter of surprise if any person, whatever might be his station in the judiciary, should undertake to settle a great and novel point on a question of commitment. Although, in the U. States, our system does not admit of a commission authorizing a majority of the Judges to constitute a court for the trial of special criminal cases, yet it does admit of carrying a doubtful and important point before the Supreme Court, and I should not feel myself justified were I now to give an opinion, anticipating such a measure.
I shall therefore consider this motion as if no verdict had been rendered for either of the parties.
Both charges are supported by the same transaction and the same testimony. The assemblage at the mouth of Cumberland is considered as an act of levying war against the United States, and as a military armament collected for the invasion of a neighbouring power with whom the United States were at peace.
From the evidence which details that transaction it appears, that from sixty to one hundred men who were collected from the upper parts of the Ohio under the direction of Tyler & Floyd, had descended the river and reached the mouth of Cumberland about the 25th of Dec. 1806. The next day they went on shore, and formed a camp, represented by some as somewhat circular, to receive col. Burr, who was introduced to them, and who said that he had intended to impart something to them, or that he had intended to communicate to them his views, but that reasons of his own had induced him to postpone this communication or, as others
say, that there were then too many bystanders to admit of a communication of his objects.
The men assembled at the mouth of Cumberland appear to have considered col. Burr as their chief. Whatever might be the point towards which they were moving, they seem to have looked upon him as their conductor.
They demeaned themselves in a peaceable & orderly manner. No act of violence was committed; nor was any outrage on the laws practiced. There was no act of disobedience to the civil authority, nor were there any military appearances. There were some arms and some boxes which might or might not contain arms. There were also some implements of husbandry, but they were purchased at the place. These men assembled under contracts to settle a tract of country on the Red River. No hostile objects were avowed; and, after continuing a day or two on an island in the mouth of the river, the party proceeded down the Ohio.
There are some circumstances in this transaction, which are calculated to excite attention and to awaken suspicion. If the exclusive object of those who composed this meeting was to settle lands, it would naturally form the subject of public conversation, and there would most probably have been no impediment to a free communication respecting it. The course of the human mind would naturally lead to such communications. The silence observed by the leaders on this subject, connected with hints of ulterior views, seems calculated to impress on the minds of the people themselves, that some other project was contemplated, and was probably designed to make that impression.
That the men should have been armed with rifles was to be expected, had their single object been to plant themselves in the Ouachita; but the musket and bayonet are perhaps not the species of arms which are most usually found in our frontier settlements: Nor were the individuals, who were assembled, of that description of persons who would most naturally be employed for such a purpose. The engagement for six months too is a stipulation for which it is difficult to account upon the principle, that a settlement of lands was the sole or principal object in contemplation.
These are circumstances which excite suspicion. How far they may be accounted for by saying, that ulterior eventual objects were entertained, and that the event on which those objects depended was believed to be certain or nearly certain, I need not determine; but I can scarcely suppose it possible that it would be contended by any person, that the transactions at the mouth of Cumberland do, in themselves, amount to an act of levying war. There was neither an act of hostility committed, nor any intention to commit such act avowed.
Very early in the proceedings which preceded this motion, I declared the opinion that war might be levied without a battle, or the actual application of force to the object on which it was designed to act; that a body of men assembled for the purpose of war, and being in a posture of war, do levy war; and from that opinion I have certainly felt no disposition to recede. But the intention is an indispensable ingredient in the composition of the fact; and if war may be levied without striking the blow, the intention to strike must be plainly proved. To prove this intention, the prosecutor for the United States offers evidence of conversations held by the accused or some of them, with various individuals at different times, relative to the views which were entertained and the plans which had been formed; and of certain facts which took place after leaving the mouth of Cumberland. For although it was decided not to be within the power of this court to commit for trial in a territory of the United States, yet every transaction within a territory has been given in evidence in the expectation, that such testimony might serve to explain the meeting at the mouth of Cumberland, and because it was believed to be proper for an examining magistrate to receive it.
That conversations or actions at a different time and place might be given in evidence as corroborative of the overt act of levying war, after that had been proved in such a manner as to be left to a jury, I never doubted for an instant: But that in a case where the intent could not be inferred from the fact, and was not proved by declarations connected with the fact, among which I should include the terms under which those who composed the assemblage were convened together, this defect could be entirely supplied by extrinsic testimony, not applying the intent conclusively to the particular fact, is a point, on which I have entertained doubts which are not yet entirely removed. The opinion of Judge Iredell in the case of Fries, according to my understanding of it when read at the bar, appears to bear strongly on this point, and that opinion would be conclusive with me, at least while acting as an examining magistrate. I have not reviewed it particularly, because my decision will not depend on the propriety of admitting this mode of proving the intent.
It has also been made a question, whether after proving a connection between the accused for some general object, the conversations of one of them may be given in evidence against any other than himself for the purpose of proving what that object was. On the part of the United States it is insisted, that such conversations may be given in evidence on an indictment for treason in levying of war. By the defence it is contended, that such evidence is only admissible on indictments for a conspiracy, or on indictments where a conspiracy may be laid as an overt act.
The principle that one man shall not be criminated by the declarations of another, not assented to by him, not made in due course of law, constitutes a rule of evidence, which ought not unreservedly to be invaded.
It is one of those principles on which I do not think myself required to decide, because I am not sure that its decision, however interesting it might be on a trial in chief, would essentially affect the question of commitment, nor am I confident that its decision as argued on the part of the United States, would introduce the testimony it was designed to introduce. In the English books generally, the position that the declarations of a person not on trial, may be given in evidence against a man proved to have been connected with him, is laid down only in cases of conspiracy, where the crime is completed without any other overt act. The position is certainly not laid down with respect to such cases, in terms which exclude its application to others, but it is not laid down in general terms, and is affirmed to apply to those particular cases, without being affirmed to apply to others. From this general observation relative to the English books, East is to be excepted. He states the proposition generally. Yet it may well be doubted, whether this general statement was not with a view to the law in that treason, which, in England, almost swallows up every other.
But admitting the law to be the same in treason for levying war, as in cases of conspiracy, how far does it extend?
The doctrine on this subject was reviewed in the cases of Hardy and Tooke. On the part of the crown, a letter of Thelwall containing seditious songs composed by himself and sung in the society, was offered as evidence against Hardy, who was connected with Thelwall. This
testimony was rejected because it was not a part of the transaction itself, but an account of that transaction given by Thelwall to a person not engaged in the conspiracy. The court was divided, three for rejecting and two for admitting the evidence.
A letter addressed by one conspirator to another, but not proved to have been received, was then offered and admitted against the opinion of the chief justice, who thought that such a letter did not amount to an act done which might be evidence, but only to a relation of that act which could not be evidence. He was overruled because a letter from one conspirator to another on the conspiracy, was a complete act in that conspirator.
The next paper offered, was a letter from a society in the conspiracy, which was found in the possession of one of the conspirators, and this was unanimously admitted.
The principle which appears to be established by these decisions, is, that a letter from one conspirator to another on the subject of the conspiracy, is evidence against all, but that a letter, from a conspirator to a person not connected with him, stating facts relative to the conspiracy, is only evidence against himself. How far a conversation held with a stranger for the purpose of bringing him into the plot, may be considered as a transaction, and therefore, testimony to show the general conspiracy, does not appear from these decisions.
This species of evidence is received to show the general object of the conspiracy, but can affect no individual further than his assent to that object can be proved by such testimony as is admissible in ordinary cases.
I notice this point for the purpose of observing, that I do not decide it on the present motion.
The first question which arises on the evidence, is,
With what objects did those men convene who assembled at the mouth of Cumberland?
Was it to separate the Western from the Eastern states by seizing and holding New Orleans?
Was it to carry on an expedition against Mexico, making the embarkation at New Orleans?
Was this expedition to depend on a war with Spain?
The conversation held by col. Burr with Commodore Decatur, stated his object to be an expedition against Mexico, which would be undertaken, as the Commodore understood, with the approbation of government in the event of war.
To general Eaton, he unfolded in various conversations, plans for invading Mexico and also for severing the Western from the Atlantic States.
To Commodore Truxton he spoke of the invasion and conquest of Mexico in the event of a war, as a plan which he had digested in concert with general Wilkinson, and into which he was extremely desirous to draw the Commodore. A circumstance is narrated by this witness which has been noticed by the counsel for the United States, and deserves consideration. It is the declaration of col. Burr that he was about to dispatch two couriers with letters to general Wilkinson relative to the expedition. It was at this time that Messrs. Bollman and Swartwout are said to have left Philadelphia, carrying each a copy of the cyphered letter which has constituted so important a document in the various motions that have been made on this occasion. This letter, though expressed in terms of some ambiguity, has been understood by the Supreme Court and is understood by me to relate to a military expedition against the territories of a foreign Prince. In this sense, the testimony offered on the part of the United States, shows it to have been also understood by Bollman, by Swartwout, and by general Wilkinson. The inference is very strong, that this letter is the same to which col. Burr alluded in his conversation with Commodore Truxton, and strengthens the idea that the accused gave to that gentleman a true statement of the real object so far at least as relates to the point against which his preparations were to be directed. All the conversation relative to an expedition by sea would be equally inapplicable to any attempt on the territories of the United States, and to the settlement of lands.
His conversations with the Messrs. Morgans certainly indicate that his mind was strongly directed to military objects, that he was not friendly to the present administration, and that he contemplated a separation of the union as an event which would take place at no very distant day.
His conversation with lieut. Jackson points in express terms to hostility against Spain.
The conversations of Mr. Blennerhassett, evidence dispositions inimically to the union and his writings are obviously intended to disaffect the western people and to excite in their bosoms strong prejudices against their Atlantic brethren. That the object of these writings was to prepare the western states for a dismemberment is apparent on the face of them, and was frequently avowed by himself. In a conversation with the Messrs. Hendersons, which derives additional importance from the solemnity with which his communications were made, he laid open a plan for dismembering the union under the auspices of Mr. Burr. To others at subsequent times, he spoke of the invasion of Mexico as the particular object to which the preparations then making were directed. In all those whom he sought to engage in the expedition, the idea was excited that though the Ouachita was its avowed object, it covered something more splendid, and the allusions to Mexico when not directed were scarcely to be misunderstood.
The language of Comfort Tyler also tends to prove that the enterprise was designed against Mexico. The communications made to general Wilkinson deserve much consideration in marking the real intention of the parties, because it is obvious that col. Burr, whether with or without reason, calculated on his co-operation with the army which he commanded, and that on this co-operation, the execution of his plan greatly, if not absolutely depended. To general Wilkinson, both the cyphered letter and the explanations made by Bollman and Swartwout, declared the expedition to be military and to be intended against Mexico.
I do not think the authenticity of this letter can now be questioned. When to the circumstances enumerated by the counsel on the part of the United States, are added the testimony of Mr. Swartwout, and its being written in a cypher previously established between gen. Wilkinson and col. Burr, I think it sufficiently proved at least for the present, although not in the hand writing of the person to whom it is addressed.
The conversation stated by gen. Wilkinson as passing between Mr. Swartwout and himself, so far as it is contradicted by that gentleman, cannot affect Mr. Burr for this plain reason; the person alleged to have made those declarations avers not only that he never made them, but that he was never authorized to make them; that he never heard from Mr. Burr any sentiment indicating designs against any part of the United States, and never even suspected him of such designs. If then gen. Wilkinson be correct, I must consider the observations he narrates,
as the conjectures of Mr. Swartwout, not authorized by Mr. Burr.
It is a circumstance of some weight, that Mr. Burr's declarations at the mouth of Cumberland, furnish strong reasons for the opinion, that he did not with those to whom he addressed himself to consider the Ouachita as his real ultimate object, and the reference to further information from their particular leaders would naturally induce the expectation, that without any open avowal their minds would be gradually conducted to the point to which their assent was to be obtained. We find there were rumours among them of attacking Baron Roue, of attacking other parts of the Spanish dominions, but not a suggestion was heard of hostility against the United States.
On comparing the testimony adduced by the United States with itself, this is observable. That which relates to treason indicates the general design, while that which relates to the misdemeanor points to the particular expedition which was actually commenced. Weighing the whole of this testimony, it appears to me to predispose in favor of the opinion, that the enterprise was really designed against Mexico.
But there is strong reason to suppose that the embarkation was to be made at New Orleans, and this it is said could not take place without subverting for a time the government of the territory, which, it is alleged, would be treason. The Supreme Court has said that to revolutionize a territory by force, although merely as a step to or a means of executing some greater projects, is treason. But an embarkation of troops against a foreign country may be made without revolutionizing the government of the place, and without subverting the legitimate authority. It is true that violence might probably result from such an attempt and treason might be the consequence of its execution; but this treason would arise incidentally and would not be the direct object for which the men originally assembled. This treason would attach to those who committed it, but would not, I am inclined to think, infect a previous assemblage convened for a different purpose. If the object of the assemblage at the mouth of Cumberland was to embark at New Orleans for the purpose of invading Mexico, the law relative to that assemblage would be essentially different from what it might be if their direct object was to subvert the government of New Orleans by force. If in prosecuting their purpose at New Orleans war should be levied, this would be treason at New Orleans when the fact was committed, but it could not I think be said to be treason by levying war at the mouth of Cumberland where the fact was neither committed nor intended. It might be otherwise, if at the mouth of Cumberland, the determination to subvert the government of a territory by force, had been formed.
This opinion may be in some degree illustrated by the doctrine of the English books. Levying of war is an overt act of compassing the king's death. So is a conspiracy to levy war, provided the conspiracy be directed against the king or his government. But if it be a conspiracy to do an act of constructive treason, which act, if done, would support an indictment for compassing the king's death, the conspiracy without the act will not support the indictment. So in this case if the object be the embarkation of a body of men against a foreign country, in the execution of which war may or may not be levied, the fact becomes necessary to constitute the treason.
It is also a circumstance of considerable weight with me, that the proof exhibited by the United States to establish a general design to dismember the union, applies only to col. Burr and Mr. Blennerhassett. It is not proved to have been ever communicated even to Tyler or Floyd. There is not only a failure to prove that such a design was communicated to or entertained by the men who were assembled at the mouth of Cumberland, but the contrary is in full evidence. The United States have adduced several witnesses belonging to that assemblage who concur in declaring that they heard nothing, that they suspected nothing, and that they would have executed nothing hostile to the U. States. This testimony cannot be disregarded for it is uncontradicted and is offered by the prosecution. How then can this assemblage be said to have levied war against the U. States?
Had Burr and Blennerhassett constituted this meeting, no man could have construed it into an act of levying war, whatever might have been their purpose. Their being joined by others having no hostile intentions against the U. States, who were attached to them with other views, and who would not permit themselves to be employed in the execution of such intentions, does not seem to me to alter the case. The reason why men in a posture of war may be said to levy war before a blow is struck, is, that they are ready to strike, and war consists in the various movements of a military force, as well as in actual fighting. But these men were not ready nor willing to strike, nor could their chief be ready to strike without them. He had yet to prevail upon them to come into his measures. This is not a meeting for the purpose of executing a formed design, but a meeting for the purpose of forming a design. It is therefore more in the nature of conspiracy than of actual war.
Suppose Mr. Burr had at the mouth of Cumberland declared his object to be to seize upon New Orleans and dismember the Union; and that upon this declaration, his men had universally abandoned him, could this have been denominated an act of levying war? If we forget the constitution and laws of our country, if we suppose treason, like moral guilt, to consist in the intention and that it may be legally evidenced by words declaring that intention, the answer to this question may be in the affirmative; but it can consist only in an open deed of levying war, I confess myself unable to perceive how such a proposition can be construed into such a deed.
The case does not appear to me to be essentially varied by the circumstance, that this design was not avowed, and that the men followed col. Burr with other views. Upon general principles it appears to me, that unless some act be committed from which a treasonable intent may be inferred, that the treasonable intent must be proved in the assemblage, where that assemblage is composed of free agents, as well as in the person who convenes them, before the law considers war as being actually levied.
This opinion is supposed to be contrary to the decision in the case of the Earl of Essex and Southampton. I have examined that case as reported in the state trials, and do not think it in any respect contradictory to the ideas I have delivered.
The design of the Earl of Essex was to force his way into the palace and to remove certain counsellors from the Queen who were his enemies, but he intended no hurt to the person of the Queen. For the purpose of executing this design, he assembled a large body of armed men at his own house who continued embodied after being ordered by the proper authority to disperse, and he also entered the city of London for the purpose of raising the citizens in order further to aid him in the execution of his plan. Several consultations had been previously held
at which the Earl of Southampton assisted, and it is not alleged in the case that he was not informed of these projects. He believed that no design was entertained against the person of the Queen and therefore that his acts were not treasonable; but in the law he was mistaken. In fact no particular design against her person was entertained, and Essex as little suspected as Southampton that they were committing treason. They were ignorant that the law pronounced those facts to be treason, but they were neither ignorant of the facts themselves nor of the real intention with which those facts were committed.
In this case, the judges delivered their opinion of the law on two points. The one "that in a case where a subject attempteth to put himself into such strength as the King shall not be able to resist him, and to force and compel the King to govern otherwise than according to his own royal authority and discretion, it is manifest rebellion." The other, "that in every rebellion the law intendeth as a consequent the compassing the death and deprivation of the king, as foreseeing that the rebel will never suffer that king to live or reign who might punish or take revenge of his treason or rebellion."
Under this law opinion of the judges, Essex and Southampton were condemned and executed. The only difference between them was that the quarrel was the quarrel of Essex, and Southampton only adhered to him; but he adhered to him knowing what he did and the intention with which he acted.
Believing then the weight of testimony to be in favor of the opinion that the real and direct object of the expedition was Mexico, and inclining also to the opinion that in law either acts of hostility and resistance to the government, or a hostile intention in the body assembled, is necessary to constitute a meeting of men with ordinary appearances into an act of levying war, it would in my judgment be improper in me to commit the accused on the charge of treason.
It is contended that they are not guilty of a misdemeanor, on one of these grounds: Either the United States were actually at war with Spain, or the expedition was dependent on war, and, in the event of peace, was to be converted into a settlement on the Ouachita.
It is alleged that we were at war with Spain, because a Spanish army had crossed the Sabine and entered the territory of the United States.
That a nation may be put into a state of war by the unequivocal aggression of others without any act of its own, is a proposition which I am not disposed to controvert, but I cannot concede this to be such an act. The boundaries claimed by the U. States to their recent purchase of Louisiana are contested by Spain. Now if either nation takes possession of the contested territory as its own, it is an act which the opposite government may elect to consider either as an act of war or otherwise, and only the government can make that election. No citizen is at liberty to make it, or to anticipate his government.
But it is alleged that war if not absolutely made, appeared to be inevitable, and that the prosecution of the expedition depended on its taking place. That the probability of war was great, may be admitted; and this may extenuate the offence, but it still remains an offence which is punishable by law. If the expedition was really eventual, and was not to take place in time of peace, then certainly preparations might be made for it without incurring any law; but this is a fact proper for the exclusive consideration of a jury, and I shall make no comment upon it which might, the one way or the other, influence their judgment.
I shall commit A. Burr and Herman Blennerhassett, for preparing and providing the means for a military expedition against the territories of a foreign Prince, with whom the U. States were at peace. If those whose province and duty it is to prosecute offenders against the laws of the U. States, shall be of opinion, that a crime of a deeper die has been committed, it is at their choice to act in conformity with that opinion.
Israel Smith is not proved to have provided or prepared any means whatever, and therefore I shall not commit him. If he has really offended against the laws, he may be prosecuted for the treason in Kentucky, or for the misdemeanor in his own state, where, if any where, his offence has been committed.
Examination of Evidence.
FRIDAY OCTOBER 2.
(Mr. Tazwell's Testimony Continued)
Mr. Wilkinson (holding in his hand a key to one of the cyphers)—Has there been any addition or alteration in this paper, since you saw it before the Grand Jury? A. I will date my impressions, Sir. I well recollect that this endorsement suggested one doubt to the Grand Jury: "I solemnly swear, that the numbers & figures, placed within, excepting those which denote the Alphabet and the units, 'Burr' and 'Wilkinson,' were written by the late Captain Campbell Smith in the year 1804, 5 or 6, and then selling my Aid de camp." Mr. Randolph and myself had both been acquainted with Capt. C. Smith and supposed there was some mistake in this date. I recollect putting this question to Gen. Wilkinson, "Do you think this cypher could have been formed in 1804, 5 or 6, as Capt. C. Smith must have been dead before that time?" The General after some consideration, suggested that there must be a mistake in the date and that "1794" was intended instead of 1804—I think also that the figures 1801 on the face of this paper have been added, since it was laid before the Grand Jury—I suppose that General Wilkinson's memory has become refreshed and more correct since his Examination. Mr. Hay. Gen. Wilkinson was not interrogated here about this alteration? Mr. Tazwell. Gen. Wilkinson was asked whether this was an affidavit which he intended to swear to? He said that there was a mistake in the date specified in this endorsement, and that it ought to have been 1794, 5 and 6, (as it is now put) instead of 1804, 5, and 6 (as it was then written). Mr. Hay. This endorsement is not in Gen. Wilkinson's hand writing—Gen. Wilkinson. It is in the hand of my Clerk, Mr. Burling, who is here.
Mr. Hay. If Mr. Tazwell is introduced here merely to show these variations, why was not gen. W. himself, interrogated about them? He could have himself explained them. Mr. Burr. We have not heard of these variations before. Q. Was not the year 1794 first mentioned as the date of the cypher? A. I do not recollect. Mr. Baker. Do you recollect when it was represented to him that it was impossible a certain date would be correct, that he immediately changed it? A. I am not certain. Mr. Burr. Did you not understand, that the motive of his holding a correspondence with me was to draw from me my views? A. I am not certain that this was his language. Q. Did you understand him to say that his object was to communicate my views to the government? A. Such Sir, is my impression. Indeed this inference from his answers was so palpable that I did not think it necessary to ask the question.
G. Wilkinson. Do you recollect, Sir, of any stipulation or acknowledgment, before the Grand Jury, that what passed here was in confidence? A. I have lately conversed with another Grand Jurymen, and I have now reason to believe that something of the kind did pass. You had the letter of the 12th Nov. in your hand. You read a part, and paused if you observed, that perhaps it was not proper to read the whole. Mr. Barbour then said, that certainly it should be received in confidence. Mr. Martin. You ought not to have entered into any such engagement—Mr. F. I beg you to understand, Mr. Martin, that I did not; but when I heard the letter, I thought it improper to mention it, and as a gentleman, Sir, I would not. And although I have frequently spoken of Gen.

W's testimony, I have never mentioned the contents of that letter. Gen. W. Did you not understand me to say, that my expressions calculated to draw forth the views of Col. B. particularly related to my letters in the spring of 1806? A. The only letters, which Gen. W. spoke of, were subsequent to Mr. Burr's visit to St. Louis. Gen. W. thought it probable that he had written the letter just marked 13th of May; but he did not positively recollect.
Several other questions were put to and answered by Mr. T. which the rapidity of his manner made it impossible for us to take down.
SATURDAY, Oct. 3. Mr. Tazewell was again called by Col. Burr, and asked whether he had observed any inconsistency in the evidence of Gen. Wilkinson. Mr. Tazewell said it was not for him to state what his impressions were, arising from the whole tenor of Gen. Wilkinson's evidence. Indeed it was impossible for him to answer a question put in that way: if he were asked whether in any particular part of Gen. Wilkinson's testimony he had observed a variance, he would answer the question. He was then asked, whether he had observed any inconsistency or contradiction in the evidence delivered by Gen. Wilkinson, before the judge, and that given to the grand jury? His answer was, none at all. But, said Mr. Tazewell, as I have gone so far in speaking of my impressions, it may be proper for me to state what opinion I had formed. I must say, that I saw no good reason for Gen. Wilkinson to invite Col. Burr to the Western country. Mr. Hay. Do you recollect whether the testimony of Swartwout coincided with that of Gen. Wilkinson? A. They could not be said to oppose each other in their testimony. Mr. Swartwout was examined first; and many of the circumstances to which he depose were unknown to Gen. Wilkinson. Mr. Hay. I speak as to the conversation between Swartwout and Gen. Wilkinson. Mr. Tazewell. Perhaps there was this difference: Gen. Wilkinson stated, that in the absence of Col. Cushing, which was spoken of by both of them, Mr. Swartwout slipped into his hand the cyphered letter from Col. Burr. Mr. Swartwout who discovered the utmost frankness and candor in his evidence, stated the translation in a different manner. He declared that the letter was delivered openly, without any effort to conceal it. Mr. Hay. But they both stated the fact to be the same that it was delivered in the absence of Col. Cushing? A. Yes. They both stated that fact in the same way. I would not be willing to be understood that I doubted anything. Mr. Swartwout said, also, he appeared before the grand jury under very unfavorable circumstances, and my impressions were very strong against him; yet the very frank and candid manner in which he gave his testimony, I must confess, raised him very high in my estimation, and induced me to form a very different opinion of him, from that which I had before entertained.
MATTHEW ELLIS. Mr. Burr. What do you know of Dunbaugh? Did you see him at Baton Rouge? A. I did. He told me that he had just got out of prison for debt; by paying part of the debt and giving bail for the remainder. But what part paid between you? A. When I met him, I was furorised to see him. He said he had been arrested in Natchez by Lieut. Romney. Q. For what cause? A. As a defector. Mr. McRae. At what time did you see him at Baton Rouge? A. On Sunday the 28th of March. Mr. Burr. What further account did he give of himself? A. He said that he had been sent down the river, that he had made his escape and had demanded protection of Gov. Grand Pre at Baton Rouge. He said that he intended to stay there, till he had got his pardon from Gen. Wilkinson, which he had written for. Mr. Burr. His pardon for what? A. For desertion. He told me that he had descended the river with you at Capt. Belfield's request; and that he had written to General Wilkinson, and that a pardon was sent to him he would come down and give information of all that he knew against you. He also put a letter into my hands for Capt. Belfield. Mr. Burr. What was the purport of that letter? A. To inform him that he repeated leaving the garrison at Fort Mafiac in that manner, and to request him to support the statement he had made about leaving the fort. When he gave me that letter he requested me to put it in the nearest Post-Office, and not to let Lieut. Romney have it. Q. What did he propose to Capt. Belfield in that letter? A. I did not see that letter; and I know only what he told me. He told me that his letter to Capt. Belfield corroborated that to Gen. Wilkinson.
Capt. Belfield. Mr. Hay. What state do you belong to? A. I belong to Pennsylvania; but I came from Natchez to this place. Q. When did you defend the river? A. On the 20th of November. Q. In what way? A. In my own. Q. Are you the person who sold your boat to Bellerive at the mouth of Cumberland? A. I sold it to Mr. Burr, but went down under her to Natchez. Q. You came with certain articles? A. Yes. On a general trading voyage? A. Yes. Mr. Hay. You went down in your own boat after you sold her to Bellerive? A. Yes, I was not to deliver her, till I got to Natchez. Mr. McRae. What time did you pass Bellerive's island? A. I do not exactly recollect; but sometime in the latter end of November. Mr. Hay. Where did Bellerive and his squadron fall in with you? A. Not before I arrived at the mouth of Cumberland. Q. Did you sell your merchandise to Col. Burr? A. The greater part. Q. What induced you to go down the river with them to Natchez, after your boat was sold? A. Because it was not paid for. Mr. McRae. What articles did you sell to Col. Burr? A. A parcel of hoes, axes, iron & ploughs. I was not to receive any pay, till I got to Natchez. Q. Were there any boats at the mouth of Cumberland? A. Yes. There were several. Q. What was Floyd? A. Yes. Q. Tyler? A. Yes. Q. Israel Smith? A. I expect he was. Q. You went down with Floyd? A. No. Not altogether under Floyd. Q. Why did you go a head? A. I did not know. Q. When did you leave Natchez? A. About the first of March. Q. You were not sent to New Orleans by any body? A. No. Q. What carried you to New Orleans? A. A Buffalo of my own. Q. Did you carry any thing for sale to New Orleans? A. A May be, I had a few deer-skins and some raccoon skins left. Mr. Wirt. How long did you remain in Orleans? A. About 8 or 10 days. Q. Did you see Col. Burr on your return? A. I did. Q. Where did you see him? A. At Washington in the Mississippi Territory; where I was at the trial of Col. Burr. Q. Were you there when the trial closed? A. No. I went up several times to hear it, but the crowd was so great that I could not get in. Q. Why did you go to Washington? A. I went to see Col. Burr for a settlement. Q. What claims had you on Col. Burr? A. I do not exactly recollect the amount. Q. Any claims for your boat? A. Col. Burr confessed I might take back my boat. Q. What other claims had you? any for iron? A. Yes, and for apples and other articles. Col. Burr had told me not to part with the axes, mallets, and ploughs at all events. Mr. Hay. Had you any previous acquaintance with Dunbaugh? A. No; but I had seen him once before. Mr. McRae. Were you never requested by any one to converse with Dunbaugh? A. No. Q. Were you acquainted with none of the party before you saw them at the mouth of Cumberland? A. None, I believe. Q. How came it to pass that you had the conversation with Jacob Dunbaugh? A. It was accidentally. He came into the tavern where I was. Q. Where did you intend to go, when you left Pittsburgh? A. To no particular place. Q. Did you understand nothing at the mouth of Cumberland, of the purpose for which those men were gathered together? A. I heard at the falls, that they were going to Little Falls. Q. Were any propositions made to you to join the party? A. No. I never conversed with any but Col. Burr, and then only to make a bargain. Q. Were you to have waited at Natchez till the arrival of Col. Burr? A. Yes. I got to Natchez on the 5th of January. The trial of Col. Burr was in February. Q. What did you wait for? A. For a settlement. Q. What business with Mr. Poinsett? Q. Did that business detain you long? A. No; I chose to remain. 'Twas partly curiosity and partly business that detained me. I might have finished my business in a day or two. Q. Did you get payment for the articles in the boat? A. No; I never have for any of them. Q. Did you deliver any of them? A. I did some of them. Mr. McRae. Were you commenced here? A. Yes; Mr.
Ashley sent the word to be here. Q. Had Mr. Ashley been down the river? A. No. Mr. Ashley was in the back part of the country. Q. What reason had you to believe, that Mr. Ashley had the power to summon you? A. I was told that he was summoning others, & he sent a verbal message to come, but I don't know by whom; I understood from Capt. Eloyd that I must be wanting. Mr. McRae. When did you receive a subpoena? A. Not before I came here.
CAPTAIN BISSELL. Mr. Burr. You have heard the testimony of Dunbaugh; I wish you to state every thing that came within your personal knowledge; how he came off; whether on my application or by your direction. Did you receive any message from me by Mr. Hopkins? A. None further than a Billet you sent me on the morning of the 26th. It was delivered at my quarters at Fort Mafiac by Mr. Hopkins. He was introduced to me by a merchant of New-Haven. Mr. Fort walked up with him and took breakfast with me. I had then heard of Col. Burr's arrival in Kentucky, and I supposed he was peaceably defending the river. —Mr. Bickham read the Billet in the following terms:
(1) Mount of Cumberland, 25 Dec. DEAR SIR, I avail myself of the opportunity of Mr. Hopkins to offer you salutations and the compliments of the season.
Having proposed to defend the river in a few days, I shall have the pleasure of paying my respects to you on my way, and of receiving your command for the forth.
I am Dr. Sir, Very respectfully, Yr. Obs. St. A; BURR.
Capt. Bissell, commanding at Mafiac. Mr. Hopkins. Mr. Burr. Did you receive any other letter from me besides that? A. None. I had a little conversation with Mr. Hopkins; none about Col. Burr's passing the garrison. —On the evening of the 29th was the next information that I received. Mr. Tyler arrived with his barge. They took supper with me. After supper, some one of the gentlemen said they must return to Col. Burr, who would stay in the bend above, all night. I invited some of the gentlemen to take a pallet with me, which they agreed to. Col. Burr's boats, nevertheless, came down in the night. I had retired to bed, when my entry hailed aloud, I arose, and undressed repaired to the Fort. Some one said that Col. Burr's boats were passing. I thought this a singular thing, after I had been told that Col. Burr would stay in the bend above. His boats went down to the bend or Bayou, a mile below the fort. When I returned to the house, I found that Tyler had gone to the boats. Mr. Burr. Is not the lower bend a good harbor? A. It is. Q. Can't the river just opposite to the garrison be a bad one? A. It is. I have seen boats sometimes staved on the rocks in that part of the river. —I rose soon in the morning to pay my respects to Col. Burr. I went down in my boat; and was introduced into his room. I invited him to breakfast, which he declined; I invited him to dinner, but he declined all my civilities. He asked me if I had received any news from below. I replied that I had not. He then informed me that Gen. Wilkinson had made a compromise with the Spaniards. He said he was sorry for it; and that Gen. W. ought to have fought them. I observed, that I supposed Gen. W. had acted by orders. Mr. Burr. How came Dunbaugh to go? A. After breakfast while I was at my ice-house, Dunbaugh came and asked for a furlough for 30 days. He had previously asked me for a furlough to go down the river to do business. After a short time I agreed that he should go; this happened while on parade, and not at the back of the fort, as his testimony states. It is proper to mention that a boy had come up with two billets; one for Dunbaugh and the other for me. Here is mine. —When I was in Col. Burr's boat, he had asked me if I knew of any opportunity to send to St. Louis by the way of the lead mines, and whether he could procure an express. I told him that I had reviewed my garrison and that I had a thought of sending a messenger, & Dunbaugh to be that messenger, as he had a good horse; that if he would bear his expenses, Dunbaugh might go. Mr. Burr. Is it not impossible to get an express in that part of the country? A. It is. There is no population in the neighborhood of the garrison. The Indian title is just extinguished. They are just surveying the land, but it is at present a mere military post. —Here Mr. Bickham read the letter in the following terms:
(2) 30 Jan. Sir, If you will give serjt. Dunbaugh a furlough for 30 days, I engage that he shall conform to the terms of it. In this case, he will not go to the Lead mines. Very respectfully, Your obedt. Servt. A; BURR.
Mr. Burr. Was Dunbaugh inspected? A. He was, and mustered too. Q. Did he show his clothes? A. He did. Q. Did you tell him to borrow any clothes in which he was to appear on parade? A. I did not. His own clothes were there, and are now in his own box at Fort Mafiac. He wanted to carry his clothes, but I forbade him. —I gave him this furlough with a pointed order to return at the end of 20 days.
(3) Sergeant Jacob Dunbaugh of my company has leave of absence, for twenty days from date, at which time he is to return to this Garrison. Fort Mafiac, Decr. 31th 1806. DANL BISSELL Captain, 1st. Regt. U. S. Infantry, Commanding.
(Endorsement) Brunswick 23, January, Sergeant Jacob Dunbaugh having expressed a wish to return to his company at Fort Mafiac and there being no regular officer at this place I have from a respect to the public service, on his application to request that he may be permitted to join his company. BNJR. BRUIN.
Endorsed. { On how to pay Gulp directed to Joseph Calvert too miles from the Gulf
When I handed him this furlough, I also delivered him a small billet for gen. Wilkinson, informing him of what I had done: Here is a copy of that letter:
(4) Fort Mafiac, Decr. 31th, 1806. Sir—Serjt. Jacob Dunbaugh of my company having solicited the indulgence of a furlough for twenty days and Col. Burr pledging himself that Dunbaugh shall conform to the terms of it. I have thought proper to grant the indulgence and hope it may meet your approbation. Col. Burr will inform you how I am and how situated. Mrs. Bissell is still confined to the house, but I think recovering. I am, respectfully, Your Obedt. Servt. DANL. BISSELL, Capt.
Gen. Wilkinson? Pr. Col. Burr, {
Mr. Burr. Do you remember finding me any message by Dunbaugh, to the mouth of Cumberland? A. I remember well that I sent him to buy a beef; and told him, if he saw Col. Burr, he was to present my compliments to him. But I did not tell him to proffer my services to Col. Burr nor to any one else. I am an officer of the U. States only. —That part of his evidence is false. —Mr. Burr. Did you receive a letter from Dunbaugh while he was at Baton Rouge? A. Yes. On the 11th of June I received a letter, which he wrote me from Baton Rouge. There is no date to it. The post mark is Washington, Mit. Ter. I received it with other letters from New Orleans. —Capt. Bissell then read the following letter:
(5) Honored Sir, While sorrow I take Pen in hand to inform you that I had to tell the officers that you sent me as a Spy against Col. Burr and had to make out of what I new against him I wrote that you sent me on that Purpos the thought My Capt. was interreited I told them that he did not know what Burr's meaning was to take some men down the River with him. My Capt. thought as I had been down with him before that I cold find out what his intention was. Lieut. Romney took me up as a Diserter and put me on board of the Schooner Revenge to send me to New Orleans but I did not go he took my furlough from me told him if he would give me my furlough that I would go to the General but he would not.
I should be thankful if my Capt. would send me some money if there is any for me and my Boots if my Detes pay said. I wish more than A thousand times I had said at Fort Mafiac I have nothing more But still remain your humble Servt.
J. DUNBAUGH Serjt (In the margin. John Brechard is in due me 8 Dollars) Danl Bissell Capt commanding I am at Baton Rouge and will Remain until I Get a pardon.
Mr. Burr. Had J. Dunbaugh been discharged from service the year before? A. Dunbaugh had been a faithful serjeant, but I represented to gen. Wil. the propriety of permitting him to find a substitute, who could do more service, as he had lost the use of one of his fingers. This defect is mentioned in the advertisement of him as a defector. Mr. Burr. Has he been tried yet for desertion? A. No; I have not yet preferred a charge against him. Q. Is he liable to a prosecution? A. Yes; I suppose so. Q. Did you ever make him a present of a breakfast-plate? A. I did, but not at the time he has stated. It was on a day when I lost a son. Mr. Owens was about leaving the garrison at that time, and presented me with a very handsome breakfast-plate. I gave my old one to my serjeant. This was about the last of October or the beginning of November. Q. Did you make a report to the government, which has been published? A. I think a letter of mine to the Secretary of war has been published; with a letter of gen. Jackson's.
Capt. Bissell. —Mr. Hay. Is this the Furlough that you gave? A. It is; but there is some endorsement on it, of which I know nothing. Mr. Hay. Aye! that is some writing of Judge Brum's. Mr. Burr. Have magistrates a right to enlarge Furloughs? A. I know of no such thing in the articles of war. Mr. Hay. Had you any previous acquaintance with Col. Burr? A. Yes. I had seen him at Fort Mafiac in gen. Wilkinson's quarters. Q. Did you know that Dunbaugh was going down the river? A. Yes; I gave him permission; and such had been my confidence in col. Burr and such my ignorance of the movements in the western country, that had he asked me for a serjeant and 6 men, I should have indulged him. Q. When you gave him his furlough, how far down the river did you expect him to go? A. I supposed not further than Madrid. However, I do not recollect that I gave him any particular injunction as to that point, because he was to return any time within 20 days. Mr. Hay. You say, that he was your confidential serjeant? A. He was. I had raised him from a first corporal. He was illiterate, and I had requested him to learn to write. Perhaps I had sent copies for him myself. Q. You had a good opinion of him then, till lately? A. I had. Mr. Hay. You said that col. Burr wanted a messenger to go to St. Louis? A. I did. Q. Do the lead mines lay on a land route to St. Louis? A. They do. Mr. Wirt. I see in Burr's letter that Dunbaugh was not to go by the lead mines? Did you understand that he was going by them? A. Oh! No; I supposed that he was going down the river to New-Madrid; perhaps to bring back letters. I knew nothing of col. Burr's movements. Q. Did you conceive that col. Burr guaranteed his return? A. I had but a short conversation with col. B. for I was at that time busy. Dunbaugh applied to me for a Furlough, but he had before applied to me for one to go to New-Madrid. Q. Then I understand, you did not rely on Burr's guarantee? A. I cannot say. When his Billet was put into my hands, I was engaged on parade; and I believe I told Dunbaugh, that I would see about it. Mr. McRae. I think you said, that you knew nothing of this expedition? A. I had heard that Col. B. had been tried and acquitted in Kentucky and I had heard it from travelling, ignorant people, who could not give me much information. Q. Then you had received no such information as induced you to question the propriety of his movements? A. None. I was acquainted with his standing, when he left the Senate of the U. S. I respected him as a former Vice-President of the U. S. and I felt disposed to treat him with all the civility which was due to his rank. Q. When you granted this furlough to Dunbaugh, did you not advert to his engaging in Burr's service and exhort him to obey his orders? A. I did not. I only granted him a furlough for 20 days. Q. Did you speak at all with Dunbaugh when he applied for the furlough? A. I recollect to have told him that col. B. had applied for him to go. I always speak to my men when they go on furlough, to caution on them propriety of conduct. I did not call him to my room, and give him any private instructions, as his testimony states. I might have called him before me, and told him to treat Col. B. with politeness. I so felt towards him both at that time and in 1806. Mr. Burr. Have you the advertisement of desertion? A. Yes; it is filed in court. It was read.
(6) TEN DOLLARS REWARD. Defered on the 19th January 1807 when on the indulgence of a Furlough, Jacob Dunbaugh Serjeant in Captain D. Bissell's Company 1st United States Regiment of Infantry. He is of a Dutch Defered & is about 28 years of age 5 feet 14 1/2 inches high Brown Hair Blue Eyes Fair Complexion. He is by trade a Hatter. He has lost the use of one of his fingers on the left Hand which stands crooked inward. Whoever will take up said Deferer and deliver him up to any military officer in the United States shall receive the above Reward and reasonable Expenses— Fort Mafiac January 19th. 1807. DANL: BISSELL, Capt. Commanding.
(Endorsement) I do hereby certify that the within advertisement among several others of the same tenor and date was
handed to me by Captain Daniel Bissell on the morning of my departure from Fort Mafiac the 16th of February last—which advertisement I distributed in the Territories of Mississippi and Orleans. I do further certify that Captain Bissell requested me to make use of every exertion in my power to have the within mentioned Deferer apprehended. Given under my hand, this 28th day of July at Nashville, in the year 1807.
THOS. A. CLAIBORNE. When Dunbaugh overheard his time, I wrote to some of my friends, among the rest to Lieut. Hughes, requesting him to report to gen. Wilkinson the desertion of Dunbaugh; I expressed the great confidence I had had in him, my anxiety left he should have been deluded away by the followers of col. Burr, or left he should be sick; if he was sick, I requested Mr. Claiborne to furnish him with some money; if he was not, to advertise him as a defector. Mr. Hay. Have you any objection to produce that letter? A. I will look at it and then determine.
I presume it would be unnecessary to state the civilities which have passed to and from col. Burr. On Butler's trial I was frequently with him in the morning. He had been acquainted with Mrs. Bissell from a child. He had sent her a barrel of apples from the mouth of Cumberland; and she had returned some little thing or other, such as preserves.
(Evidence to be continued.) Latest Proceedings. After the delivery of the opinion of the court, on Tuesday, The Chief Justice observed, that he had not specified (in that opinion) the particular district to which the prisoners were to be committed. He thought it best that there should be only one trial for them; but if Burr was sent to Kentucky, Blennerhassett could not, because he had provided no means for the expedition but in the district of Ohio.
Mr. Hay then moved for their commitment to Ohio, which was ordered. Mr. Wickham then moved for an attachment against Mr. Benjamin Hawkins, an Indian agent, for detaining Dr. Cummings, a witness in this prosecution, and breaking open certain papers in his care belonging to Mr. Blennerhassett one of the accused: a rule ordered.
Messrs. Burr and Blennerhassett were admitted to bail, in the sum of 2,000 dols. each. Luther Martin and Dr. Cummings, securities for A. Burr; Dr. Cummings and Israel Smith, for H. Blennerhassett. The court then adjourned till their court in course.
New Pamphlet. —We have just received by mail a highly interesting pamphlet, written by Joseph Hamilton Davis, Esq. of Kentucky, the object of which is to convict Mr. Jefferson of extreme remissness in regard to Burr & Wilkinson's conspiracy. We have no room here for extracts; but the following one is so interesting to be omitted. N. T. Her.
"TO GENERAL WILKINSON. You feel deeply aggrieved, no doubt, by this pamphlet. Sir, the courts are open to you; and that you may have no difficulty in selecting the admissible words, I now state, "That you have been, for years a partisan of Spain, and have held secret intelligence with that power; and you have engaged in Burr's conspiracy and defeated him."
JOSEPH HAMILTON DAVIS. Cornland, 22d May, 1807.
WASHINGTON, 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, Secretary of State.
Samuel W. Dana is elected a Senator of the State of Connecticut, in the room of Uriah Tracy, deceased.
The U. States' frigate Constitution, and sloop of war Hornet, were in Gibraltar Bay 3d. Sept. The Constitution was taking in water and to sail for America in a few days. The Hornet was to sail next day for Tripoli, to bring the Ex-Bailiff's Syracuse.
FREDERICKSBURGH, October 21. MELANCHOLY AND DISTRESSING!
On Monday, at 12 o'clock, the house, formerly belonging to Mrs. Carter, in this town, was discovered to be on fire. The couple 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 forlorn, to weep under the next hospitable roof, over their complicated misfortunes. The house was on an eminence, and a strong wind from the north-west blew the flames into the body of the town. In the course of a few hours, three 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 defying concert and 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 lake of burning matter was thrown on the roof of the bank house, which flooded 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. Happily no human life was lost.
This awful affliction event has bereft many families, some in distress, at the entrance of winter, of their only shelters and of their all. The woes of the comfortless and of the sufferers, 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. Virginia Herald.
We are authorized to state, that the Branch Bank of Fredericksburg has received little or no injury from the late melancholy fire in that town; that the vault was fire-proof, and that all the paper and specie were preserved. That Branch will be immediately restored to its operations.
The Ser. epikate at Hanover Court House was won by Capt. Wm. F. Gaines. Four Cols. were started, the other four, which had been entered, paid the for. feits. They came through as follows: Gaines, 1 1 Hoomes, 2 2 Hickman, 3 3 Ball, 4 4 The first day's purée was taken by Ball, by galloping round the field; no horse starting against him. The second day was won by Jno. Hickman, beating Col. Burnley and Dr. Gaddy.
WILL BE SOLD. By the subscriber, at Public Auction, on Monday the 3rd day of November next, on the plantation called Windfor, near this City, ALL the flocks of Horses, Mules, Cattle, Sheep and Hogs, and a variety of plantation Tools on the said plantation. The sale will certainly take place, if the day shall be fair. The terms of sale, will be six months credit on all sums above ten dollars, the purchaser giving bond with approved security. D. DORRINGTON.
Oct. 11. The SALE of the above PROPERTY is postponed till Wednesday the 4th day of November.
On the same day will be rented, for one year, commencing on the first January next. Two thirds of the said Plantation called Windfor. The Tenant will be allowed to sow wheat immediately, if he wishes.
SAMUEL GREENHOW, agent for WM. LANGBORN, Ex'r. of W. Dandridge, dec'd. Oct. 14.
The RENTING the above two thirds of LAND, is postponed till Wednesday the 4th day of November.
TWENTY DOLLARS REWARD. Run away from the subscriber on the eleventh of this month, LIKELY Negro Man, named D. V. D. twenty years old, five feet, seven or eight inches high, of a black complexion, spare made, and has a pleasant countenance, has a black spot on one of his forefingers and commonly uses his left hand. He has a lump on his breast occasioned by a burn when a child. He is a tolerable Blacksmith. I expect he will endeavor to pass as a free man. I will give the above reward to any person for information of said Negro, so that I get him again. I do hereby forewarn all masters of vessels and others from harboring or carrying said Negro out of the state. CHRISTOPHER ROBINSON, Cumberland county, Q. Q. 23.
THE SUBSCRIBER RESPECTFULLY thanks those who have hitherto favored him with the tuition of their sons, and informs them and his friends generally, that his SCHOOL will be moved to his dwelling house, the ensuing year; in which will be taught Reading, Writing, English Grammar, Geography, the Latin Language, Arithmetic and Surveying. The terms of tuition are, for Reading, Writing and Arithmetic ten dollars; English Grammar and Geography 15 dollars; Latin 25 dollars; Surveying 10 dollars. The School will commence about the 10th of January, and end about the 15th of December. There will be a vacation of about ten days at Whitsuntide, and again from the 15th of August to the 1st of September. He wishes to take 6 or 8 boarders: the terms of board are £20 a year, 25 dollars in advance, and each boarder is required to furnish his own bed. Parents who may think proper to board their sons with him, are assured that proper attention will be paid to them, and every exertion used to promote their education. WALTER LEWIS, jun. Louisa, Oct. 23.
FOR SALE. TWO Milch Cows, which have been raised in town. Enquire at the Office of the Enquirer. October 23.
JOHN SOUTHGATE, AT HIS STORE, OPPOSITE THE POST OFFICE, Has just recd and an addition to his stock of DRY GOODS, ALSO, AN ASSORTMENT OF GROCERIES, & CROCKERY & CHINA-WARE; WHICH are offered low for cash, or barter for country produce. N. B. Belt London SEINE TWINE and NAILS of all sizes. October 23.
In pursuance of two Orders of the Common Hall for the City of Richmond, NOTICE IS HEREBY GIVEN, THAT the said Common Hall will proceed, at the next monthly meeting, (which is the third Monday in next month) to elect one person to act as a Police-Master for the said City, whose salary will be eight hundred dollars per annum; and one other person to act as Captain of the night watch for the said City. N. SHEPPARD, C. C. Hall. Oct. 23.
JUST RECEIVED, A GENERAL ASSORTMENT OF DUTCH BOLTING CLOTHS, OF SUPERIOR QUALITY, —FOR SALE BY— J. DARMSDATT. October 23.
WILL BE SOLD, To the highest bidder, on Wednesday the 24 day of December next, if fair, if not, the next fair day, at the dwelling-house of the late David Patterson, in the county of Buckingham, about four miles below the town of Warminster.
TWENTY-FIVE NEGROES, on a credit of one, two and three years. The above Negroes are uncommonly valuable, and known to be so, by most of the neighbors. Bonds with approved security will be required. It is deemed necessary here to insert, that the Legatees, are not expected to purchase much, if any, of the above property. REUBEN B. PATTERSON, Oct. 23. Only acting Ex'r. of David Patterson, dec'd
DOCT. DANDRIDGE Having taken the small tenement lately the property of Mr. Daniel Gordon of Manchester, for the purpose of practicing PHYSIC & SURGERY in this town and its vicinity. Manchester, Oct. 24.
NOTICE. Will be sold, on Thursday the 5th Nov. 1807, in the Town of Manchester at the Dwelling House of the late Joseph G. Brown, all his Estate, consisting of HOUSEHOLD and KITCHEN FURNITURE, a Killiford of Carpenter's Tools, a Kilo of Bricks, one Horse and Cart, one Cow and five Sheep. The terms will be made known on the day of sale. Also at the same time and place, will be hired nine NEGROES, until Christmas, 1808: among whom are, two good Carpenters, and one pair of Sawyers. It is requested that those who have claims against the said estate, will make them known, on or before the day of sale; and those who are indebted to said estate, either by bond or otherwise, will please make payment to the Administrators. MARY BROWN, Administratrix. JNO. HOWLETT, Ad. Administrator. October 19.

Domestic.
Correspondence relative to Miranda's expedition.
CONCLUDED.
New-York, 23th Oct. 1808.
Dear General,
I have not time to add to the annexed copies, to which refer.
We are all anxiety to hear from you, our last accounts being from Aruba, 3d. Sept.
We have every reason to expect, you will, ere this, have received important intelligence from the British, and that you will have made a second landing before this.
I can say but little, until I hear something certain from you. I trust you will not forsake the cause you have undertaken, & request you to do every thing that may be required of you by General Miranda, in relation to both ship and cargo, &c. &c. All his instructions should be obeyed in their fullest extent.
Your friend,
SAML. G. OGDEN.
(TRIPLICATE.)
New-York, 23th July, 1808.
My Dear General,
It is with the greatest pleasure I now address you, and I am happy to have it in my power to inform you that your friend colonel Smith and myself have at length triumphed over our enemies, and the oppression of the government.
After a trial which lasted twelve days, two independent juries of our country last week rendered a verdict of Not Guilty, in both cases. We thus both stand free and honorable acquitted, and our persecutors, the President, Madison, &c. remain covered with the disapprobation of the independent people of America, and the disgrace brought on them by their unjust proceedings. I have heard with regret, my dear friend, the great disappointments and disappointments you have met with in consequence of the unprincipled and highly reprehensible conduct of the two Lewis's. I can easily conceive all you must have suffered in consequence of those two men, and no one more heartily reprobrates their conduct as represented to me than myself. I trust, however, notwithstanding those transient disappointments, there is an All-Wise Providence that will still guide your foot steps to the wished for point, and as your cause is that of liberty and patriotism, you may soon arrive at the climax of your wishes. Both the Col. and myself wait with great anxiety to hear of your ultimate success. The latest accounts we at present have from you is your having failed from Barbadoes for Trinidad on the 20th June. I have but little doubt but you will there receive such assistance as will completely ensure your success.
As to this country, rest assured all the independent citizens of America are in your favor; and when the period arrives that you shall require efficient aid from this country, there will be no difficulty in meeting your views. The Col. and myself have thus far, with honor, weathered the storm that had been raised over our heads by the Spanish and French ministry, to whose imperial mandates must be attributed the shameful part acted by our government. I rely, my dear Sir, with the greatest confidence on your original promises and engagements to me being fulfilled when your virtuous efforts in the cause of liberty shall be crowned with success; and rest assured no person in America feels a greater desire to continue to promote your views or can do it more to your satisfaction than he who soon hopes to receive your commands and subscribe himself with great attachment and esteem, Sincerely yours, SAML. G. OGDEN.
GEN. MIRANDA.
[DUPLICATE.]
New-York, 6th September, 1808.
My Dear General,
You will receive herewith copy of what I had the pleasure of writing you the 23th July, by the British frigate Chichester, Cap. Stopford, bound for Barbadoes, which will having unfortunately sprung a leak, and put into Norfolk, the original will in all probability not reach you until after this.
This will be handed you by Mr. Robert Kennon, a young man of respectable connections, from Virginia, who is desirous of serving in the cause of liberty. I beg leave to recommend him to your attention as far as you will find his merit may entitle him. He is also bearer of letters to you from Col. Smith, which he has promised to deliver in person, and which contain some information that will, I am sure, be pleasing to you, written in cyphers, which you have the key to decipher. We have been long waiting in the most anxious suspense to hear of your landing and consequent success in your honorable design. A vessel arrived two days since from Carracas bringing a report that your Squadron was at anchor near Coro the beginning of August, which place it is said was in your possession. I have little doubt but this has really taken place, and that you will immediately be joined by a sufficient number of the inhabitants to enable you to commence your march to Carracas. I wait with the greatest anxiety to learn direct from your own mouth your particular situation, and have strong friends in this country ready to comply with your views and demands as soon as officially made known to me. A few days since the former commander of the Leander (Capt. Thomas Lewis) returned here a periodical ragabond and outcast from society. His brother John Lewis also returned here from St. Domingo, in the ship Empress, (making a very bad voyage) about a month since. I have now heard from themselves all that could be offered in their defence for their extremely unjustifiable and improper conduct in regard to you. It is impossible it can be more entirely disapproved of by you than by me. When I think how much you must have suffered from the ignorance and villainy of T. Lewis, it really makes my blood boil with indignation. I could scarcely have believed any man capable of conduct so base and infamous. His brother J. Lewis is no less despicable for having deceived you and not joining you in the Empress, after having solemnly promised you to do so, and even starting from Port au Prince with that intention, when lo! a newspaper laying that Col. and myself were prosecuted by the government induced him to turn back and abandon one of the most laudable enterprises ever undertaken by man. The very reason which caused him to retain would have induced me to persevere. Suffice it to say, my confidence has been completely destroyed in those men. I consider the conduct of Thos. Lewis of the most infamous kind, and that of Jacob Lewis arising from pusillanimity and want of judgement. I have in my mind, my dear General, little doubt, notwithstanding all these provocations and disappointments, but your heroic perseverance in the cause of liberty will lead to the wished for goal of success. The people of this country will rejoice and are almost unanimously in your favour. Even the present President, although a low and petty spirit induced him to prosecute Smith and myself, in his heart I am sure wishes you success—and I am not without hopes this government may yet, seeing the past, even be induced to act a dignified part in regard to your views, and make all the letters continually sound round them by the French and Spanish ministry. It is within a few days reported that our negotiations with Spain are entirely broken off. Our officers with the Spanish appear to be in a fair train of amicable adjustment. There has been of late many rumours that negotiations for peace between France and England were going on in Europe, but they appear to be almost entirely destitute of foundation. I have no idea that it can be possible for England and France to make peace at the present moment. Our accounts from London are as late as the 24th of July, which bring nothing but idle rumours on the subject. I am pleased to find from my letters that my agent Jonathan S. Smith, has concluded himself with you, in regard to you and the operations general.
And altho' I do not think he has in some instances been a mind sufficiently enlarged on this particular subject, yet I am convinced he is a man of the most perfect integrity, and that to the best of his ability would serve you all in his power. It was his duty & always my intention to give to you the sole and complete control of the Leander and all the property in her, to act and do with them as you might think proper, to ensure your success. I had taken on myself the charge of the expedition. Should it fail engaged to acknowledge compensation. Should you be successful, our contract is not on paper, but more deeply engraven in the breast and honor of both parties. Should Mr. Smith, therefore, in any one instance not have acted with you on that enlarged scale, which I would myself have done, you must attribute it only to his being an agent and not a principal, and to a want of that energy of character which should have accompanied all his actions. You are doubtless, my dear General, aware that my present situation is that of embarrassment as to pecuniary matters, but which I have no doubt of being fully relieved from by the success of your expedition. This moment my embarrassment has not, however, deprived me of my friends, who stand ready to join me in operations to the greatest extent, the moment I can point out to them the path to pursue. I am young, vigorous and active. The new channels of commerce to be opened by your freeing a nation and the immense supplies both military and otherwise, which you must require from this country, give rise to a scope of ideas to expand that I am not yet certain whether I may not myself embark with our friend the Col. when the proper moment arrives, to pay you a short visit, and being well acquainted with the commerce of this country to take an enlarged view of that you shall then have made free, and lay the foundation of future operations both commercially and as relates to the supplies you will need. Depend upon it I will never forsake the cause I have once espoused and think honorable and just. All the little energy I possess shall be devoted to you, and I have it in my power to interest such strong friends as will enable me completely to fulfil your views. I shall be governed in a great measure in my future conduct by the accounts I am now waiting with the greatest anxiety to receive from you. Your sincere friend, SAML. G. OGDEN.
General Miranda. New-York, 28th October, 1808.
My Dear General, I send you herewith copies of what I had the pleasure of writing you the 23th July and 6th September, fearing the originals may not have reached you safe. The Col. writes you fully by this conveyance, and it is unnecessary for me to add to the communications he makes. Our last accounts from you are dated at Aruba, 3d September. Since that period all have every reason to believe you will have received important reinforcements from the British, and expect soon to hear of your having made a second landing on the Main, and that you maintain your position successfully. We are all anxiety until we hear something definitive, which will enable us to put things in motion here immediately. Our last accounts from England to 10th Sept. state Mr. Fox to be at the point of death; and it is reported by a passenger who left London the 14th, that he was actually dead. Lord Lauderdale was ill at Paris, but it was said there was no prospect of a peace being concluded; he was expected daily to return. The emperor of Russia had refused to ratify the treaty of peace made by Mr. O'Ubrill, and it was supposed a new continental coalition would soon be formed against France. The English had obtained a considerable and brilliant victory over the French at Calabria. The Col. sends you some newspapers, which will give you particulars. The people of this country are looking with much anxiety for the success of your expedition—and but for the infamous measures which have been pursued by our government, you would even now have been joined by an immense number of volunteers from this country. The time will, I hope, soon come when this will go into effect. And you may depend, altho' the government may oppose obstacles, yet the opinion of the people must ultimately prevail, when aided by a few men of enterprise, who will not be wanting to come forward when something certain is heard from you. In great haste, I am, dear General, Yours, most sincerely, SAML. G. OGDEN.
WILLIAM TEMPLE, Has received by the Ship Hersfield from Liverpool and London, an extensive supply of
MERCHANDIZE, SUITABLE to the approaching season—in daily expectation of their London Goods, by the ship Galp, which will make their assortment complete, and which they offer for sale by the piece or package, on the most moderate terms. JOHN & ROBERT GAMBLE, jun.
NOTICE. ALL persons having claims against the estate of John Sandage, deceased, are requested to bring them forward, to the subscriber, duly authenticated, on or before the first day of November next, at which time a dividend of the assets in my hands will take place; those failing to comply with this advertisement, will be excluded from the benefit of said dividend. THOMAS WHITT.
SELECT SCHOOL. FRANCIS O'REILLY begs leave to inform the public that he has opened SCHOOL on the 8th of this month, in the upper Room of John McKim's house, nearly opposite to the Swan-Tavern; where he will teach the Latin & Greek Languages, Mathematics & Rhetoric, &c.—Terms fifteen dollars per quarter. Oct. 7.
NOTICE. A PETITION will be presented to the next General Assembly of the Commonwealth of Virginia, for the removal of the District Court, now held at the Court House of Northumberland county, to a more central place, within the district composed of the counties of Richmond, Westmoreland, Lancaster and Northumberland. Westmoreland Court-House, Sept. 25.—law2m.
FOR SALE. THE Tract of LAND whereon I now live, containing two hundred and forty-one acres, lying and being in the county of Chesterfield, about nine miles from Manchester, and one from James River; there is a very good dwelling house with a good barn and other out houses; apple and peach orchard; it is a very high and healthy situation; very small part of the above said Land cleared. I also with the one half of a Grist-Mill, on Powhatan Creek, within one mile of my aforesaid Land. This Mill is entirely new, and perhaps as profitable as any mill of the kind in the county. There is only one pair of stones at work at the present; but is so contracted (at a small expense) to put up another pair. For terms apply to the subscriber. JOHN FORE.
THE SCRIPT for one share of the Stock of the Bank of Virginia, in the name of the subscriber; numbered 507 and dated the 7th Dec. 1804. Any person who has found the same, is requested to leave it at the office of the Enquirer, as application will be made at the Bank for a renewal thereof. ALEX. R. MERAE.
THE SUBSCRIBERS HAVE JUST RECEIVED A SUPPLY OF COLOGNE MILL-STONES, OF DIFFERENT SIZES, WHICH will be disposed of for Cash at approved negotiable Notes at 60 days. TAYLOR & BROWN.
By virtue of a deed of trust, executed on the fifth day of May last, to the subscriber, by Frederick Jones and Richard Carter, for the purpose of securing certain debts therein specified—Will we sell, to the highest bidder, for cash money, at the Vendue Office of Taylor & Brown, on Friday the 6th day of November next, THREE NEGROES, viz: MOODY, HARRIS and SALLIE, or to many thereof as will satisfy said debt. WILLIAM MURPHY, Trustee.
FALL GOODS. KIRBY, DRAKE & TAYLOR, Are now receiving by the Ship ROMA from London, A LARGE AND HANDSOME ASSORTMENT OF FASHIONABLE GOODS. (SELECTED BY A PIONEER OF THE HOUSE;) among which are— LONDON Superfine Cloths, Superior quality. Kettlebyers & Toilets. Gentlemen's Patent Silk and Beaver Hats, Children's Trafalgar and Ermine do. Elegant Leno Picnic and Sewed muffs, Do Robes and Dresses. Coloured Italian Crapes for Ladies Dresses, Silk, Cotton and Worsted Hosiery, Irish Linens, Lawns and Sheerings, 4-4 Cotton Shirting (very fine) Ladies Kid Shoes, Calicoes, Cambricks, Chambrays, Cotton and Thread Laces, &c. And in daily expectation of receiving by the Proofs from Liverpool, a large assortment of coarse Woollens, &c. All of which will be sold very low, wholesale and retail, for cash, or on a short credit to punctilious customers. Sept. 30.
In King William County Court, August 25th, 1807. Landon Carter, Against Thomas Reeves and John Temple. In Chancery. THIS day came the complainant by his counsel, and the defendant Thomas Reeves, not having entered his appearance, and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this country; On the motion of the complainant, it is ordered, that the said defendant, Thomas Reeves, do appear here on the fourth Monday in November next, and answer the bill of the complainant; and that a copy of this order be forthwith inserted in some newspaper published in the city of Richmond for two months successively, and another copy posted at the front door of the court house of this county. And it is further ordered, that the defendant Temple do not pay, convey away or secret any debts by him owing to the defendant Reeves, until the further order or decree of this court. A Copy, True, RO: POLLARD, jr. d. c. c.
TWENTY DOLLARS REWARD. Will be given to any person, who will deliver to me, in the County of Orange, or secure him in any jail, so that I get him again. A NEGRO fellow named LEWIS, who ran away about the 1st of July last, from Capt. James Coak of Albemarle, to whom he was hired. He is a good coarse carpenter by trade, and a rough shoemaker; is about 38 years old, rather above the common height, but of thin body and visage, sharp chin and mouth, habituated to smoking, and shews his teeth very much when he smiles. He is a thievish, sensible and foolishly-tongued fellow; well acquainted in the City of Richmond, and in the counties of Orange, Albemarle, Louisa and Hanover; and came from the estate of the late Gen. Nelson, in the county of Hanover; where he was lurking the last I heard of him. DABNEY MINOR.
NOTICE. Worthy the attention of underwriters. The Subscribers, Commissioners appointed by the Court of Culpepper County, to contract for the building of a COURT-HOUSE, for said county, give this notice. Plans of the same are lodged with Mr. Richard Norris and Capt. Benjamin Shackelford in the town of Fairfax, for the inspection and information of such as may be inclined to undertake the same. Proposals will be received by either of the Commissioners, till the third Monday in next month, and a meeting of the Commissioners will be held at the Court House, on Wednesday the 21st of next month, in order to contract for the same, at which time the payments will be made known. The walls are to be of stone from the foundation up to the water table, and of Brick above. PHILIP R. THOMPSON, D. JAMISON, DAN. BROWN, THOS. JEFFERIES, JOHN MCNEALE, RICH. NORRIS, BENJ. SHACKELFORD.
VALUABLE PROPERTY FOR SALE. In pursuance of a Decree of the High Court of Chancery, for the Richmond District, by consent of parties, the following property, belonging to the estate of James Anderson, decd. will be sold to the highest bidder, on credit of twelve months, to wit: On Tuesday the 29th day of September next, THAT commodeious and well situated HOUSE & LOT, on the main street in the city of Williamsburg, at present occupied by Mrs. Camp. Also, two vacant half acre LOTS, near the Free School in the said city. The sale to be made on the premises. On Monday the 12th day of Dec. following, That valuable HOUSE and LOT, situated at the foot of the capitol hill, in the city of Richmond, in the occupancy of Charles Esther and others. The sale to be made on the premises. Also, at the same time and place, two valuable Tracts of LAND, lying on Willis Creek State of Kentucky, and within a few miles of the Ohio river. There are eight cherty fifth parts of the above named property, which belongs to infants, and where the price of any one separate parcel exceeds fourteen hundred dollars, an interest with the purchaser must be retained in that portion for them. Additional information may be had on application to Robert Anderson of Williamsburg. THE COMMISSIONERS. Sept. 1. saw2m saw1d Sept 14th D.
FOR RENT. And possession given Christmas next, for a term not less than three nor more than seven years, THAT TAVERN and the plantation thereunto adjoining in the county of Mecklenburg, about one mile from Lady Shipwits, and Somerville's ferries on Roanoke river, on the main road leading from the Carolinas, Georgia, &c. to Petersburg, Richmond and the Federal City. The Tavern-house is large and commodious, good stables and all other necessary out houses—on this place is a good apple and peach orchard, which never fail bearing fruit—there is a quantity of hickory timbered land convenient which may be cleared and used at the discretion of the tenant. It is deemed unnecessary to say more as it is presumed that those who with to rent would first view the premises. But the subscriber can with propriety say the advantages attached to this place, renders it by far the most advantageous stand for a tavern and store in that part of the country. There will be a tolerable crop of wheat sowed on the place. For terms, &c. apply to the subscriber living on the premises. HOWEL GRAVES.
WILLIAMSBURG RACES. On Wednesday, the eleventh day of November next, WILL BE RUN FOR, over the Williamsburg course, THE JOCKEY CLUB PURSE of four hundred dollars, four mile heats. On the second day, the PROPRIETOR'S PURSE of one hundred dollars, to which will be added, the balance that may remain in the hands of the Treasurer, and all arrears that may be due to the club after payment of the necessary expenses—two mile heats. On the third day, an elegant Saddle, Bridle, Whip and Spurs, entrance ten dollars—mile heats. On the fourth day, a Sweepstake, for Mules, entrance ten dollars; the best three in five—mile heats. By order of the Club, RO: ANDERSON, Secretary & Treasurer.
FALL GOODS. TOMPKINS & MURRAY, Are now opening in the House opposite the Post-Office, lately occupied by Messrs. John & Hubner, an extensive assortment of fine GOODS, received by the Ship Galp from London. They have been selected with much care & attention, among them they would particularly recommend their assortment of London Superfine CLOTHS, Cashmeres, Toilets and Hats, all of a very superior quality. Also an elegant assortment of Fashionable Robes, Muffs, Laces, &c. They have also on hand, a large assortment of coarse Woollens, Hardware, &c. received by the Ships Hersfield, and John and Charles from Liverpool. The whole forms a complete assortment, well worthy of attention, which they offer for sale on liberal terms. October 10.
DRUMS, Fife, Swords, Belts, Nots, Epaulers, Stocks and Cockades, to be had at Enoch Sellivan's Jewelry Store. August 7.
TO BE SOLD. At Hanover Court-House, on the 4th Wednesday in November next, being Court day, pursuant to a decree of the County Court of Hanover, (in which William Winfield and others, legatees of John Winfield, decd. are Pls. and Thomas Winfield and others, def.) A TRACT OF LAND, belonging to the estate of the said decd. containing between 5 and 600 acres, lying and being in the county of Franklin and State of Kentucky. A credit of twelve months will be given the purchaser or purchasers, and a deed executed to him or them, with a special warranty, on entering into as many bonds with security, as there are legatees, payable to them respectively. Sept. 19. law2m.
A SMALL NEGRO MAN, by the name of JOE, of a yellow complexion; his hair grows very far back and shows a large forehead; he is about 40 years of age and is a very good shoe-maker, and likewise undertakes to be a doctor; he is inclined to be sickly. It is thought he bore a former name, when he went off. I expect Joe has changed his name, and probably may call himself Ben, which is his father's name, who is a free man, and I understand he has obtained his father's free certificate, which certificate was signed by Robert Pollard, Clerk of King and Queen county, in Virginia. I will give twenty dollars to any person if apprehended in this state, or thirty if out of the state. Information may be obtained by lodging a letter at King and Queen Court-House, in which county I reside. ROBERT HOSKINS.
The following Warrants and Certificates found in the possession of John Pendleton, decd. at the time of his death, are published in pursuance of a decree pronounced in the Richmond Chancery District Court on the 20th of last month, in the suit of Seldon, &c. against Pendleton's Administrators and heirs. TWO Warrants in the name of James Gold for 500 lbs. each, dated Oct. 1795. A Certificate in the name of capt. John Harris, dated December 17th, 1782, for £ 750. A Certificate in the name of Joseph Jones, Joshua Campbell, James Tarabee and Wm. Burgess, dated June 18th, 1782, for £ 721: 14: 14. A Certificate in the name of Wm. Shannon, dated 27th March, 1793, for £ 130: 8: 5. A Certificate in the name of David Duncan, for £ 360, dated 26th Oct. 1786. A Certificate in favour of Prince William county for Criminal Expenses prior to 1788 for £ 13: 15: 10, dated 18 December 1788. A Certificate in favour of Bedford County for Criminal expenses prior to 1788 for £ 261: 5: 6, dated 26 December 1788 and A Certificate in favour of Bedford County for bounty allowed on Wolves heads for £ 58: 2: 6, dated 26 December 1788. GEO. PICKETT, ROBERT POLLARD, CHAS. JOHNSTON, N. SHEPPARD.
THE following PROPERTY, belonging to Robert Alexander, Esq. of Woodford county, in the State of Kentucky—A LOT OF GROUND, in the City of Richmond, with a valuable House thereon, one room of which is occupied by the Jews as a Synagogue—under the house there are a set of Vaults, originally intended for a Wine Cellar; also the Tract of LAND whereon William Alexander, Esq. formerly resided, about three miles from the City of Richmond. Two years credit, from the first day of January next will be allowed the purchaser, of whom bond with good security bearing interest from the said first day of January, and a mortgage on the premises will be required, and to whom a conveyance in fee simple with a warranty will be granted. Possession of the tract of Land may be had on the day of sale, and of the Vaults, but the Jews are entitled to the possession of the rest of the house until the first day of May next.—Unless the property is sold by private bargain, it will be sold publicly at the front door of the Eagle Tavern between the hours of 12 and 3 o'clock, P.M. on Saturday the 24th day of October next. The title papers may be seen and every information granted by applying to me. WM. MAY, Attorney in fact for ROBERT ALEXANDER.
Land in the State of Ohio FOR SALE. The subscriber wishes to sell a Valuable Tract of LAND, in the State of Ohio, containing one thousand 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 by WM. MUNFORD.
FOR SALE. THE BRICK HOUSE and its appurtenances; consisting of a good brick Kitchen, Garden & Well of good water; at present in the occupation of Mr. Ben. Mobly. The situation is pleasant and healthy, and the house in good repair. For terms apply to THOS. NORVILL.
NOTICE IS HEREBY GIVEN. THAT A PETITION will be presented to the next Virginia Assembly, to authorize the subscriber to build a BRIDGE over Pamunkey River, from New-Castle to the opposite side. JOHN M. SYME.
ANTHONY PELZER, TEACHER of the FRENCH LANGUAGE, at Dolt. Haller's Academy, respectfully informs his friends and the public in general, that his EXTING SCHOOL is actually open for the instruction of PUPILS on the street leading to Col. May's bridge, in the upper part of the house adjoining the Rising Sun Tavern unoccupied by Mr. John Barras.—For terms apply at the School Room from 5 till 9 o'clock, or at Dolt. Haller's Academy. October 3.
RAN AWAY on Saturday last, a bright mulatto man named HARRY JACKSON, about 25 years old, 5 feet 7 or 8 inches high, remarkably well formed, has a pleasant countenance, a considerable wound over one of his eyes, and some small scars on his forehead, is very active and sensible, was raised by Col. Otway Byrd, and sold some few years since at Public Auction by Mr. Theo. Armistead at Norfolk—the said negro has been accustomed to go by water, and has much the air of a sailor; being fond of society I have no doubt but he is either gone to Richmond or Norfolk; where he is perfectly acquainted. I will give the sum of 15 dollars if caught in the former, and 25 dollars in the latter, to that he is secured and returned to me, or 10 dollars if caught in or about this Town. As he is a very thievish clever negro, and capable almost of any employment, he will no doubt change his clothes, therefore it is unnecessary to describe those he carried with him. P. HAXALL.
JOHN ALCOCK, Informs his friends and the public at large, that he has just received, and is now opening, next door to Messrs. Proffer and Monure's residence, a large assortment of MERCHANDIZE, CONSISTING OF THE FOLLOWING ARTICLES: CARPENTERS and joiners Tools, iron and steel Locks and Hinges, for house work and cabinet Ware. I also carry on my CABINET MANUFACTORY, as usual, adjoining the fire insurance office, and have on hand three thousand dollars worth of furniture, finished in the best workman-like manner and in the newest fashion. At a window Chairs. I will sell all of the above goods, very low for cash, or good paper at a short date. Sept. 5.
NEW-GLASGOW RACES. On Wednesday the 28th day of October, will be run for, over the New Glasgow Course, A SWEEPSTAKE, for three years old Colts and Fillies, two mile heats. Fifteen Subscribers and subscription closed. Thursday the 29th, the Jockey-Club Purse, of one hundred and fifty dollars, three mile heats. And on Friday the 30th, the Tolls collected at the gate the two last days. It eight, as follows: Aged Horses 128 lb 4 Years old 100 lb 6 Years old 120 8 do. do. 86 5 do. do. 113 Mares and Geldings allowed three pounds. THOS. ALDRIDGE, Treasurer. October 7.
WILL BE SOLD. At Public Auction, on the 12th day of December next, at the door of the Eagle Tavern, NINETY-TWO thousand, seven hundred and thirty acres of Western LANDS, lying in the counties of Montgomery, Harrison and Kenawha.—A credit of one, two, three and four years will be allowed, if satisfactory security shall be given. SAMUEL GREENHOW.
FOR SALE. THE subscriber is desirous of selling his PROPERTY in this City. The purchaser will be accommodated with time if required, on giving satisfactory security. SAML. GREENHOW.
SAMUEL MYERS, Has removed his Counting-Room to the Brick Warehouse fronting the Basin, lately occupied by Messrs. Lefevre and Saunders, and adjoining Messrs. T. and A. Ladd. WHERE HE HAS FOR SALE— LIVERPOOL Salt in Sacks, Green Coffee, Holland Gin, Vidonia Wine in Quarter Casks, Soft Shelled Almonds, October 3.
WANTED, FOR THE ENSUING YEAR. AN OVERSEER—None need apply but one who can come well recommended for honesty, sobriety, industry & a thorough knowledge of farming. To a person of this description, liberal wages will be given. EDWIN JAMES HARVIE.