The enquirer (Richmond, Va.), 1805-01-18 00:00:00

THE ENQUIRER.
RICHMOND, (Virginia) PUBLISHED BY RITCHIE & WORSLEY, OPPOSITE THE POST-OFFICE...AT FIVE DOLLARS PER ANNUM...payable in advance.
NUMBER 78.]
FRIDAY MORNING, JANUARY 13, 1805.
[VOLUME 1.]
CONDITIONS.
 I. The ENQUIRER will appear twice a week...During the session of Congress and the Virginia Legislature, either a third paper or a supplementary half-sheet, during the week.  II. Terms of payment FIVE DOLLARS per annum, in advance.  III. ADVERTISEMENTS, from those who do not subscribe to the paper, should not exceed a square in length, shall be inserted for seventy-five cents the first time, fifty cents for each time during three weeks, and for every additional insertion thirty-three cents; long ones in the same proportion.  IV. SUBSCRIBERS shall have their advertisements inserted for fifty cents the first time, and thirty-three cents for every additional insertion. 
Sales at Auction.
WILL BE SOLD for cash, positively without reserve, on Friday the 18th inst. TWO ELEGANT PIANO-FORTES. THOMAS TAYLOR, V. M. January 15.—(td.)
Sales at Auction.
By Virtue of a Deed of Trust, executed to the subscribers by Mr. Bartlett Still, of the city of Richmond, for the purpose of securing the payment of his note to Messrs. Lemuel Wells, & Co. of New-York, for six thousand five hundred and twenty-two Dollars seventeen Cents, with interest at the rate of six per cent. per annum, from the 21st day of May last,
WILL BE SOLD, to raise the aforesaid sum and interest, together with the expenses attending the execution of said trust, for ready money, on the premises, on Saturday the 24th day of February ensuing, between the hours of 11 and 1 o'clock, that LOT OF GROUND on the north side of the Main-street, next above the Bell Tavern, with the Brick-buildings thereon, as present in the occupancy of Messrs. St. John & Gwatkin and John Richard, Esq. The buildings are insured, and the title to the property is believed to be unexceptionable. A conveyance with special warranty will be made by the subscribers. PROSSER & MONCURE, Trustees & V. M's. December 25. (tds.)
Auction Sales.
THOMAS TAYLOR & Co. WILL in future sell at the store occupied by M. W. Hancock & Co. on Wednesdays in each week; and at their office, on Tuesdays and Fridays as usual. Dec. 1, 1804. cpts
BILLS ON NEW-YORK,
At Ten to Sixty Days sight—FOR SALE BY M. W. HANCOCK & CO. Dec. 22. tf
BURR MILL STONES, OF ALL SIZES; and PLAISTER OF PARIS, of an excellent quality, FOR SALE, AS USUAL, BY WILLIAM DAVIDSON, near the Market. Dec. 4. [cpts.]
FOR RENT.
THE Large White House at Rockets, formerly occupied by Mr. William Fenwick, and afterwards by Mr. Buxton Craddock. For terms, apply to GALLEGO, RICHARD & CO. January 11. (tf)
FOR SALE,
FIVE Hhds. and 10 qr. cases of LONDON PARTICULAR TENERIFFE WINE of a superior quality, on a credit of 120 days—Negotiable notes. Enquire of THOMAS NORVELL. December 29. (td.)
JOHN SPINDLER,
RESPECTFULLY informs the Ladies and Gentlemen of Richmond, that he intends to teach DRAWING, PAINTING in Oil Colours and Crayons, and would instruct 6 or 8 pupils in those branches, either by visiting on them, or at his house, opposite Thomas Wilson's Esq. back street. N. B. Sign, House, and Military Colours painted by J. S. Orders from the country punctually attended to. [ctsm.]
HUGH J. CRAWFORD,
HAS just Received, per the ship Alexander, from London: A General Assortment of Genuine DRUGS & MEDICINES, which he will dispose of on moderate terms. Richmond, Dec. 25. (law2m.)
NOTICE.
THE surveyors of the different counties in Virginia, who by law are to account with the President and Directors of William and Mary College, for a proportion of their fees, and who have not so done, are requested to render their accounts to July last, and pay the respective balances due to the college. WILLIAM COLEMAN, Burfar. Williamsburg, January 6, 1805.
During the present session of assembly, James Semple, Esq. member for the city of Williamsburg, will receive and grant a discharge for any money which shall be paid to him. January 15.—(tw.)
TWENTY DOLLARS REWARD.
JACK, or JACK ASH, a gardner by profession, formerly the property of Lewis Burwell, decd. was sold by the Exor. of said Burwell, about this time last year, to a gentleman residing in Amherst county, who permitted him to come down last May, for the purpose of visiting his wife and relations with a promise that his visits should be repeated frequently. Jack has thought proper to abuse this indulgence by not returning to his master.
His age is something above fifty, rather under the middle size. Tis believed that he secretes himself in Chesterfield, probably Manchester, where his wife's friends live. The keeper of the toll bridge or the ferryman will have frequent opportunities of stopping him when on visits to his wife, who is free, and who resides opposite Mr. Southgate's garden. Whoever will deliver the said Jack to Mr. Rose the jailor will receive the above reward on application at the office of the Enquirer. Jan. 3, 1805. tf
NOTICE.
THOSE indebted to the late firm of Shanks & McRae, either by Bond or open account, are desired to make payment before 1st of March. All failing to comply, will find their accounts in the hands of an attorney. COLIN MACRAE. Manchester, January 15.—(tw.
NOTICE.
THE creditors who have proved their debts under a commission of Bankruptcy, awarded against Christopher Anthony, and Tarleton W. Pleasants, under the firm of Anthony and Pleasants, merchants of the city of Richmond, are desired to meet the assignees of the said bankrupts month, at 9 o'clock in the forenoon, at the commissioners' office, to assist in, or dissent from the said assignees, commencing, prosecuting or defending any suit or suits at law, or in equity for the recovery of any part of the said bankrupts estate and effects, or to the compoundings, submitting to arbitration, or otherwise agreeing to any matter or thing relating thereto, and on other special affairs. By order of the commissioners. ROBERT BROOKE, C. C. Commissioners Office, Saturday, 15th January, 1805. } cts.
WILL BE SOLD, on Saturday the 19th of this instant, at the Tavern of Zachariah Brink in the town of Manchester, about fifty-five acres of WOOD LAND, the property of Peter Leath decd. lying within three miles of said town, near the Turnpike road, leading from Manchester to Belling Creek, adjoining the lands of Alexander Banks, William Edwards, and James Branch; the terms of sale will be six months credit, the purchaser giving bond with approved security, to bear interest from the date, if not punctually paid.
ALSO—Will be sold on the same day and place, if not previously disposed of, one half acre lot, in the said town of Manchester, on which is a very large stable, a small wood house, &c. The terms of sale, as it respects the lot, will be made known on the day. GREENSVILLE PENN, Administrator. January 15.—(td.)
BLANKS.
The following Blanks, printed on a handsome Script Type, may be had at the office of the Enquirer.
   D. C.     BANK Checks, (plain) - pr. quire 1   ditto. ditto. (ruled) - - - - 1 25   Negotiable Notes, - - - - 1   Ditto on fine paper, - - - - 1 25   Foreign Bills of Exchange, - - - - 1 50   Bills of Lading, - - - - 1   Country Court Clerks' Blanks, - - - - 50   Sheriffs' ditto. - - - - 50   Constables' Warrants, - - - - 50    PRINTING generally executed in an elegant style, and on the shortest notice.
Debate,
IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES. Thursday, Dec. 13. Debate on the bill to regulate the clearance of armed merchant vessels. (Concluded.)
Mr. Clarke voted for the first section under an impression that it would be proper to permit merchant vessels in some cases to defend themselves. He was therefore willing that they should have arms on board for the purpose of self-defence; but while he was willing to provide for their security, he conceived himself bound to restrain them from the commission of crimes; and this amendment goes no further. It does not deprive them of the right of self-defence, and the privilege of repelling force by force. They are authorised to beat another vessel off when attacked; but they are restrained from becoming the aggressors. The amendment does not go to deprive a master of a single privilege at sea, which he possesses on shore, and surely it will not be conceded, that because a man is a sailor, he is entitled to exclusive privileges. A mariner has no right to attack another man on shore, neither ought he to be privileged to attack another at sea; but his rights, be they what they may, are the same both on land and sea. If this were a proposition to put arms in the hands of a man setting out on his travels, would any one object to punish him for every unjust and criminal abuse of such arms? There is not a member on this floor, but whose mind would revolt at the idea of protecting such a man, more than if he had remained at home. Why then do gentlemen advocate a distinction between the man travelling by land, and another traversing the ocean; in case the protecting arm of his country is extended to preserve to him his legal and constitutional rights—in each case then also should the sword of justice perform its office without distinction or favor. This regulation he was convinced would have a beneficial effect upon foreign nations, as at the same time it would show them that we will protect our lawful commerce, that our citizens are not authorised to offend any other people, and that if they do they will be punished by their government in a manner proportioned to the offence. On these two grounds he was in favor of the motion for amendment; first, it would go to prevent an offence by fear of the punishment—and second, it would have a good effect upon the belligerent nations of Europe with whom we are at peace, to preserve our commerce from wanton appropriation.
Mr. Smilie had also agreed to the first section of the bill, because he thought it useful that our merchant vessels trading to the West Indies during its present unsettled state, should be permitted to arm in their own defence; but at the same time there was another circumstance equally important to be attended to: that was, to preserve a peace between the United States and other nations unfortunately engaged in war. He was of opinion that since merchant vessels were permitted the improper use of their arms. The gentleman from Massachusetts (Mr. Crowninshield) has represented the American merchants as a set of peaceable and harmless men. He did not carry his idea of the virtuous and forbearing disposition of this class of citizens quite so far; but he honestly believed they were as virtuous and honorable as any other set of merchants on the face of the globe. But he believed that they had all the infirmities to which mankind were liable, as well as other portions constituting the other classes of the community, to say nothing of the nature of their calling, which many writers supposed to be bottomed on principles of avarice. Be that however it might, he did not think it is so infallible that a man's conduct at sea might at times be as irregular and as improper as a landman's on shore. He could not think the crew of a ship at sea would be more orderly than our own citizens residing in our own territory. Yet we have here such crimes as felonies and misdemeanors, for the commission of which the law has furnished correspondent remedies; and why not make a similar provision for similar offences committed at sea? He did not know but the temptation at sea was stronger than on shore: a broken vessel might easily become the prey of the stronger, and the impunity arising from concealment might induce men to risk something more
in one case than in the other. In a moral point of view a murder committed at sea was as heinous an offence as a murder perpetrated on shore, and if committed on the body of a foreigner, the crime was as great in the eye of heaven as if committed on a fellow citizen. But he would ask gentlemen of what they were afraid. They must allow that the crews of vessels may commit these crimes. Do they wish to rescue them from condign punishment? Surely not. But if a ship's crew make no unlawful use of their arms, they are not obnoxious to any punishment. He hoped the amendment would be agreed to, for the honor of Congress and the security of the peace of the nation. He had good reason to believe that the agents of a certain nation had made loud complaints to our administration with respect to the conduct of several American vessels trading to the West Indies. If this section is added to the bill, it will evince the disposition of the government of the United States to preserve peace and do justice to all the nations of the world.
On the question to insert the new section proposed by Mr. Eppes, there was 56 in its favor, and 50 against it. The Committee then rose, & reported the bill with the amendments agreed to. The House having agreed to consider the amendment.
On motion of Mr. J. Clay an amendment was made substituting for the words "citizen or citizens, &c" the words "person or persons residing within the United States or territories thereof."
Mr. R. Griswold thought that giving bond for double the value of the vessel, her tackle, apparel and furniture, was sufficient, without adding the cargo; if other gentlemen agreed with him, he hoped they would revise their assent to so much of the amendment. The gentleman (Mr. J. Clay) to be sure, had said that the bond taken in the case of East-Indian vessels was merely formal. He did not think Congress ought to legislate on this principle.—When securities are demanded they should be for an efficient purpose, and not merely nominal. Why should a vessel sailing with arms to India be compelled to give security on her cargo of 500,000 dollars for a million of dollars? Is there more risk of an improper use of her arms than in the case of a West-Indian with a cargo of 50,000 dollars which gives security only for 60,000 dollars or is a murder or felony committed by one vessel less a murder or felony if committed by another? and yet from the disparity of the bonds one would be led to suspect that such was the idea. Viewing this additional incumbrance on commerce as a shackle that would subject small traders to real inconvenience, while it would facilitate the enterprise of merchants of large capital and long established credit, he meant to call the yeas and nays on the question of agreeing to this part of the report of the committee of the whole.
Mr. J. Clay said it was true that he had said that bonds given at the custom house for East India ships were merely formal; it is not, however because they are unnecessary or improper, but because the commanders of such vessels were men of such consideration and prudence, that they would not subject themselves to the forfeiture, and so far he was willing to admit that the amendment would also be a mere formal regulation as to the clearance of armed East-Indian vessels. But as to vessels bound to the West Indies, it was a notorious fact that the value of the vessel and her equipment formed no proportion to the profits made on the cargo, if they have a fortunate run, and it was against the illicit commerce of such that he wished to be secured. He was unwilling unnecessarily to shackle commerce as any gentleman; but this regulation was not an unnecessary shackle: it was one absolutely required by existing circumstances, and will not work a hardship on any merchant engaged in a lawful commerce. One thing, however, he acknowledged it would effect. It will prevent in future that species of trade, which to say the least of it, approaches very near to illicit trade at the present moment. A merchant, willing to run the risk of such a voyage as he had alluded to, would prefer to make it unarmed rather than armed, because he knows the consequences, and the probability of transferring some of the provisions of this act. It had been suggested that two bonds would be required; he did not believe they would, as it was not the practice under the law of 1798, which was enacted in the same terms as the amendment before the House. If the House should however consider this regulation as bearing hard on the East India trade, they might remedy it by refusing to concur with the committee of the whole in striking out the proviso.
Mr. Eppes did not consider the capacity of committing of a crime as enlarged in proportion to the value of the cargo, perhaps it was the reverse. But he would observe that if a captain with a very valuable cargo on board was to commit even a trifling misdemeanor against this act, the owner would lose his all, both vessel and cargo; under such impressions he imagined it would be extremely difficult to obtain the requisite security. Where is the man that can find security to the amount of a million of dollars, that the captain of his ship, his officers or crew, shall not commit some small degree of violence even upon friends, for enemies may often assume the garb of friends and thereby render even friends suspected. The law of 1798 required bonds to the amount of the value of the vessel, tackle & apparel, and did not even extend to the number of guns she might carry.
Mr. R. Griswold again declared that commercial enterprise would be greatly diminished if a bond was required for both vessel and cargo. The consequence would be that those merchants only who possess large capitals and independent fortunes could give bond. And while the young and small traders would be incapable of sending a single ship to sea, the large speculatist would be enriching himself of the total profits of a very advantageous commerce.
Mr. J. Clay said the observations of the two gentlemen who proceeded him applied against striking out the proviso. But he did not see that the position of the gentleman from Connecticut (Mr. R. Griswold) was of such great weight as he seemed to assign to it. For his part he did not see the ill consequence of regulations which might prevent rash speculations on the part of young traders upon small capitals in engaging in voyages that might overstrain their credit, and prove their ruin. As it respected the trade to the West Indies, he hoped the house would agree to the amendment as it stood, and non-concur the amendment for striking out the proviso. He would agree with them to retain the proviso if the present amendment was adopted.
On the question to agree to that part of the report extending the bond to double the value of the vessel, "her tackle, apparel, furniture and cargo." The amendment being the words in italics, was negatived.—Yeas 55.—Nays 55.
YEAS—Messrs. Archer, Bard, Bedinger, Blackledge, Brown, Bryan, G. W. Campbell, Cask, Claiborne, Clark, J. Clay, M. Clay, Conrad, Dickson, Earle, Early, Eppes, Gillespie, Goodwin, Gregg, Griffin, Hasbrouck, Heister, Holland, Holmes, Jackson, Kennedy, Leis, Lucas, McCord, Merrivether, N. R. Moore, T. Moore, Morrow, Newton, Clio, Palmer, J. Rea, (of Penn.) J. Rhea, (of Ten.) Rodney, Ross, Sammons, Sandidge, Seaver, Sloan,
Smilie, J. Smith, Stanford, Stewart, Trigg, Van Horne, Whitehill, Wilson.—55.
NAYS. Messrs. Alston, Alexander, Anderson, Baldwin, Betton, Boyd, Boyle, Butler, Chamberlin, Chittenden, Clagett, Crowninshield, Cutler, Dana, Devenport, Dwight, Elliott, Elmer, Eustis, Findley, Goddard, Gray, G. Griswold, R. Griswold, Hanna, Hastings, Helms, Hoge, Hough, Huger, Larned, Lewis, Livingston, Lowndes, Lyon, M'Creery, Mitchell, Mott, Plater, Riker, J. C. Smith, Stanton, Stedman, Stephenson, Taggart, Tenney, Thatcher, Tibbitts, Varnum, Verplanck, Wadsworth, M. Williams, Winton, Wynns.—55.
The new section before the House as reported by the committee of the whole.
Mr. Elliot hoped the House would not agree to this amendment. The gentleman who had moved it apprehended gentlemen had not well understood it when in the committee of the whole, he questioned whether the mover had paid that close attention to its effects, as to ensure its being proper and beneficial. He said it created a new class of crimes, and if that measure was proper, it was proper also to define the punishment of each crime. The section refers to certain laws of the United States establishing the enumerated offences, and directs that the punishment inflicted for similar offences committed on shore. It is true the constitution provides that Congress shall have power to define and punish Piracies and felonies committed on the high seas; that power had been exercised, the crimes defined and the punishments annexed. (Mr. Elliot here read an extract from the law on that subject.) A misdemeanor was a crime, but under the terms of the constitution he did not see how Congress could legislate upon it unless they defined it a felony; and were gentlemen prepared to say that every depredation, every species of outrage or violence was a felony; he was persuaded it was not the intention of the mover.—If a misdemeanor however be considered a crime, it ought to be defined, and the punishment decreed, for none of the laws of the United States had hitherto done it.—On this view of the subject, he considered the new section totally unnecessary, or if necessary, it was so imperfect that it would not reach the case for which it was intended.
Mr. Eppes said the remark he had made in committee of the whole had no allusion to the gentleman last up.—He should however detain the House but a moment in making one observation in reply. The law quoted by the gentleman was the one defining and punishing piracies and felonies committed on the high seas, and was confined to cases arising on board our named vessels. Acts committed by persons legally commissioned to carry arms, are not termed acts of piracy; in order to constitute piracy it is essential that the vessel has no legal sanction to bear arms.—That is a case that cannot arise under the present measure, which is to give a legal sanction to our merchantmen to arm, only restraining them by a penalty for corporal punishment, if they abuse their arms. It was necessary in order to embrace this offence, that the definition and punishment should both be declared in the bill; he had endeavoured so to do.—As to the perfection or imperfection of the section in its present form, he should say nothing more than it appeared to his mind adequate to the end proposed. If however the gentleman from Vermont thought otherwise, he should be happy to hear him point out the mode of improvement.
Mr. R. Griswold said, that whether the effects to be produced by this section, so far as related to murder and felony, were really provided for under the existing laws, he would not assert positively; but he believed that neither the existing laws nor this section made any provision for the punishment of misdemeanors. The offences defined and punished were provided for many years ago, in 1790. By that law murder was punishable with death, the same crime and punishment were revived in this section, and so it is in case of felony. Why then pass a new law on this subject? Or does the gentleman mean to infer that because murder or felony may be committed by armed vessels which are to be punished, that therefore murder or felony committed by unarmed vessels shall pass with impunity. He presumed in both cases they were murder or felony, and in both cases they were to be punished under the existing laws. He saw no occasion to multiply our statutes unnecessarily. With respect to the punishment of misdemeanors, he should remark that the constitution gave to Congress the power to define and punish piracies and felonies committed on the high seas, and violations of the law of nations. Those who acted on this subject before us, he presumed acted under an impression that they had gone to the extent of their powers in defining piracies and felonies, and that a definition of misdemeanors was not in their power. But suppose the constitution gave this power to Congress, does the section provide for it; it certainly does not. What says the section, that persons guilty of misdemeanors shall be punished as other misdemeanors are punishable under the laws of the United States. He could not find any statute in the books defining these misdemeanors, or inflicting a punishment. How then was the offender to be punished, if there was no general law on this point, and from the cursory view he had given the statutes, he had found none; the section would be altogether nugatory so far as it related to misdemeanors.
Mr. Eppes could not refrain from expressing the surprise he felt that gentleman should contend, that misdemeanor was a term unknown in the statutes of Congress. He had just dipped into a volume of the laws, and he found it in almost every one which respected the criminal jurisprudence of the United States. Sometimes an offence is defined a high misdemeanor; at other times a simple misdemeanor. Under the act of June 1794, there were several misdemeanors, particularly expressed; accepting the command of an armed foreign vessel was a misdemeanor, and others to which punishments are annexed. He believed the wording of the section to be correct, but as gentlemen doubted it, he should not wish to press the adoption of a correct principle in incorrect language—and to give time for the required alteration, he moved an adjournment.
And the House thereupon adjourned.
FRIDAY, DECEMBER 14.
The new section before the House. Mr. Eppes admitted that the objection taken
yesterday by the gentleman from Connecticut, (Mr. R. Griswold) was in part correct; the offence of misdemeanor contemplated by the proposed section was not mentioned in the law of 1794, the offence of misdemeanor defined in that law was that of fitting out or arming any vessel within the United States for the purpose of cruising against nations in amity with the United States. He moved therefore to strike out the words, "or misdemeanor," as often as they occur, in order to separate them from those of "murder and felony" and to form a distinct and subsequent period in the section in relation to that subject, by saying, "and if the offence be of a less degree, it shall be a high misdemeanor punishable by a fine not exceeding dollars, and imprisonment not exceeding years."
Mr. R. Griswold agreed that it was proper to strike out the words alluded to, but he had doubts of the propriety of inserting all those which were proposed. It was plain that there was no general law of the United States, declaring the nature of the crime of misdemeanor or its punishment. It is true, that there are several of our statutes, which prohibit certain specified things, and the persons guilty of committing them are deemed guilty of a high misdemeanor. But the terms used in the section reported by the committee of the whole, have no reference to any of the class of crimes designated in our statutes. It refers merely to the general common law under the head misdemeanor. The gentlemen bring in a common law definition of misdemeanor, and give it a range over all that class of offences which it reaches in England. He wished the gentleman however to meet the other objection, and answer whether the offences of murder and felony are not already provided for by the laws of the United States. He believed full that the law of 1790, embraced the very case now intended to be provided for by the amendment. If the section is adopted, are offenders to suffer death under the law of 1790, and again under the one of 1804. Can they suffer death twice; he thought if they suffered once, it would be sufficient for an atonement of the crime. If a misdemeanor is to be defined and punished by the section, let the gentleman confine his amendment to that crime alone, and so modify it that it does not re-enact an old law full in existence. If the gentleman did this, though he doubted the necessity of the measure, he should not object.
Mr. Jackson said there had been two objections made by the gentleman from Connecticut and the gentleman from Vermont, (Mr. R. Griswold and Mr. Elliot.) If they were attentively examined and compared with the constitution and laws of the United States, they would be found untenable. One of the objections was that the constitution of the United States did not authorise Congress to legislate on any other crimes committed on the high seas than those of piracy and felony. He would ask them whether all other offences were to go unpunished. But he reminded them that the words of the constitution extended further than what
punish offences against a vessel cognizable by the courts of the union? For instance, if a gun is discharged at another vessel belonging to a nation in amity with the United States, and does considerable damage though it may not amount to piracy and felony, is there no remedy? Surely by the constitution Congress have the power of declaring it a misdemeanor, and of punishing it accordingly. If they have this power, and he believed it would no longer be denied that they had it, then the question would resolve itself into the expediency of exercising it at this time and at this time and enquiry might be proper to ascertain whether the existing laws provided for the case. The act of 1790, upon which the gentleman from Connecticut (Mr. R. Griswold) relied, would be found on examination not to embrace it. Suppose in firing into a foreign vessel, a maiming is committed, or a leg or an arm shot off, is this case provided for by the law of 1790? It is not a felony, nor is it piracy, the only two cases provided for by that act. If indeed the case was provided for by the act of 1790, it could not operate as an objection to insert it in this bill, because the bill was intended to draw into itself all the regulations on this head. That Congress had the power of legislation on this point, he trusted would no longer be disputed; and having the power, the necessity of the case required its exercise. If nothing further was added to the bill than what was contained in the first section, nine tenths of the offences committed at sea would go unpunished.
Mr. Elliot did not mean to give the force to the extract from the constitution quoted by him all that range which the gentleman just laid down had chosen to extend; he however admitted that being a constitutional question it deserved serious and solemn deliberation. It had been often said that the constitution of the United States is a limited grant of power and that the powers not therein granted are reserved to the states or to the people. Admitted. By the constitution then Congress are authorised to define and punish piracies or felonies committed on the high seas; they are also authorised to punish offences against the law of nations as stated by the gentleman from Virginia (Mr. Jackson) but where is the power given them by the constitution to punish misdemeanors? It is, however, contended that a misdemeanor may be an offence against the law of nations. Misdemeanors means literally ill-behaviour. He would not however deny that misdemeanor in certain cases might amount to an offence against the law of nations, and in such an event might be punishable as an offence against those laws.
By the law of 1790 in its 8th section the crimes of murder and piracy are punishable. Does not that law go further, and punish what this law does not provide for. One thing further contended for, which he did not think tenable, the same crimes that are punishable by the existing laws are again to be punished by this. This was clearly shown by the gentleman from Connecticut, and he would add nothing more.
Mr. Clark thanked the gentleman from Connecticut for the light he had thrown on the subject; but he was not convinced that the crimes attempted to be defined by the amendment of his colleague were punishable by the existing laws of the United States, and he thought if the gentleman would re-examine his argument he would discover his mistake. The law of 1790 had relation to a different crime. But he would not desire positively what might be the

opinion of the judiciary on that head; they might entertain a construction different from that of the legislature. Yet his own opinion was that no provision could be found in the law of 1790 to restrain and punish the offence of an armed vessel of the United States on the commission of an outrage and violence. Was the provision made in this law which his colleague had moved, he should not object to merchant vessels arming themselves; should it be refused, he never would consent to trust them with arms.
Mr. Eppes after having troubled the House so often on the present question, would have remained silent at this period, but such a variety of objections had been made and many of them so foreign to the subject, that he could not avoid adding one concluding word. It might perhaps be considered as a reiteration of his first sentiment. He was decidedly opposed to trusting merchant vessels with public arms, the improper use of which might commit the peace of the nation. If however the sense of the committee was against him, in that particular, he would submit; but then it must be under such a provision as had been introduced in the section now before the committee.
Upon this the committee rose and referred the bill and amendments to the select committee to incorporate the same, and the bill as amended was reported subsequently, and passed in the shape following.
AN ACT,
To regulate the clearance of armed merchant vessels. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That after due notice of this act, at the several custom houses, no vessel owned in whole or in part, by any citizen or citizens of the United States, or by any person or persons residing within the same, or the territories thereof, and armed, or provided with the means of being armed at sea, shall receive a clearance, or be permitted to leave the port where she may be armed, or provided, without bond, with two sufficient sureties, given by the owner or owners, agent or agents, together with the master or commander, to the value of the United States, in a sum equal to double the value of said vessel, her arms, ammunition, tackle, apparel, and furniture, conditioned that such vessel shall not make or commit any depredation, outrage, unlawful assault or violence, nor make any other unlawful use of her arms against the vessels, citizens, subjects, or territory of any nation in amity with the United States; and that the guns, arms, and ammunition of such vessel shall be returned within the United States, or otherwise accounted for, and shall not be sold or disposed of in any port or place in the West Indies.
Sec. 2. And be it further enacted, That if any armed merchant vessel shall make or commit any depredation, outrage, unlawful assault or violence, against any vessel or territory of a nation in amity with the United States, or against any of the citizens or subjects of such nation, or make any other unlawful use of the arms on board such vessel; if such depredation, outrage, unlawful assault or violence, shall be made or committed, as if made and committed in any place under the exclusive jurisdiction of the United States, would be murder or felony; the same shall be murder or felony, as the case shall be; and the principals and accessories concerned therein, shall be punished as they would respectively be in other cases of murder or felony, by the laws of the United States; and if the offence be of less degree, it shall be a high misdemeanor, punishable by fine, not exceeding three thousand dollars, and imprisonment not exceeding three years.
Sec. 3. And be it further enacted, That if any armed vessel, as aforesaid, shall proceed to sea without a clearance, contrary to the provision of this act, such vessel, with her arms, ammunition, tackle, apparel and furniture, or the value thereof, shall be forfeited to the use of the United States.
Register,
THE PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES OF THE U. STATES.
MONDAY, JANUARY 7.
Mr. Elliot presented a petition from Barnabas Strong and sundry other inhabitants of Vermont, praying a grant of a tract of land six miles square, in the territory of Indiana.
Mr. Olin opposed this application, as being a speculation upon the public property of the Union, and hoped the petition would be rejected.
Mr. Elliot did not view the application in the same light with Mr. Olin, but were it the thing suggested, he thought still it might be suffered to go to a committee for enquiry.
On the motion to refer it to a select committee, there was thirty-seven Yeas, and thirty-two Nays.
The Speaker said the votes did not amount to a quorum, and, having called in the members to their seats, the motion was put a second time, and there were forty-one in favour of the reference, and thirty-seven against it. It was accordingly referred to a select committee of three.
A message was received from the President, informing that he had approved and signed the act, supplementary to the act, for the collection of duties on goods, wares and merchandise, imported into the United States.
Mr. Thompson reported from the committee, appointed for the purpose, on the petition of William Rollis, praying a grant of land, other than that he had located, and which possessed the milk seat he had contemplated to purchase of the United States—that he have leave to withdraw his petition. The report was considered and agreed to by the House.
Mr. Olin moved the appointment of a select committee, for the purpose of considering the propriety of encrasing the allowance made to the persons employed in bringing to the seat of government the returns of the election of President and Vice-President of the United States. The allowance made by law being two dollars and fifty cents for every twenty miles travel to Washington, and nothing allowed them for their return.
On the question to raise such committee, there were fifty-six members in its favour, and twenty-one against it. A committee of three was appointed.
Mr. Crowninshield reported, from the committee of commerce and manufactures, on the petition of Benjamin Bailey and others of New-York, praying a remission of the bonded duties, due on sundry articles of merchandise, consumed in their stores by the late conflagration in Pearl-Street and Water-Street, in that city. The resolution annexed to the report and agreed to by the House was, that the petitioners have leave to withdraw their petition.
A letter and report from the Post-Master-General, on the case of M. Henderson, a contractor for carrying the mail in a stage, from Charleston, South-Carolina, to Fayetteville, recommending a further allowance of $200 dollars for that service, was received and referred to a committee of the whole to-morrow.
Mr. Findley laid upon the table a resolution to be read to the rules of the House, directing the Speaker to call upon the chairman of committees to report the progress they had made in the several items of business referred to them, every Friday morning during the residue of the session.
Mr. Tazewell presented a petition from a number of the inhabitants of Bucks county,
Pennsylvania, praying the establishment of a new post road through the western part of the same. This petition was referred to the committee on the post offices and post roads.
Mr. Holmes presented a petition from John McIntire, stating that an error had been made in his patent for certain lands purchased at public sale, in Marietta, and praying that the error might be corrected. Referred to the committee of claims.
Mr. Stanfield called for the order of the day on the resolutions moved by him in November last, relative to the reception of the territory of Columbia, excepting the City of Washington, and the house having resolved itself into a committee of the whole,
Mr. Tenney in the chair. An interesting debate arose, in which Messrs. Stanfield, Smith, Early and Eppes advocated, and Mr. Dennis opposed the reception. The debate continued till the usual hour of adjournment, when, on motion of Mr. Nelson, the committee rose, reported progress, and obtained leave to sit again. Adjourned.
Domestic Intelligence.
NEW-YORK, January 9.
At a Court of Oyer and Terminer and General Gaol Delivery, held yesterday at the city-hall of the city of New-York, in and for the said city and county, WILLIAM P. VAN NESS, Esq.; was tried and convicted of being the bearer of a challenge from the Vice-President of the United States to the late General HAMILTON, and for aiding and abetting in the fatal Duel, which terminated in the death of the latter. The evidence was so clear and positive, that the jury returned a verdict without retiring from their box.
The trial of NATHANIEL PENDLETON, Esq.; implicated in a similar charge as the second of General HAMILTON, will, we understand, take place this day; and that of RICHARD RIKER, Esq.; (the district attorney) and Mr. ROBERT SWARTWOUT, in the course of the session—Mr. Woodworth, the attorney-general, having come on for the especial purpose of conducting these prosecutions on the part of the state. Mer. Adv.
The cause of Colonel WILLIAM S. SMITH against Mr. JAMES CHEETHAM, for a libel, was tried at a sitting of the Supreme Court on Monday; and called into exercise some of the first rate talents of the Bar. A verdict was given for the plaintiff, with 200 dollars damages. Ibid.
JANUARY 11.
The trial of NATHANIEL PENDLETON, Esq.; who was indicted for acting as the second of General HAMILTON in the unfortunate duel by which the latter was lost to his country, came on yesterday in the court of oyer and terminer and general goal delivery now sitting in this city. The prosecution was conducted by the attorney-general on the part of the state; and the defendant was ably assisted by the talents of Mr. Benion, Mr. Ratcliff, Mr. Hoffman, and Mr. Colden. The court was crowded. The trial continued from eleven o'clock in the morning till eight in the evening; and the jury, retiring for about twenty minutes, returned a verdict of GUILTY.
The punishment prescribed by law for the offence of which Mr. VAN NESS and Mr. PENDLETON have been found guilty, is a complete disfranchisement for the term of twenty years. Ibid.
A gentleman who came passenger in the barque Vixen, from Rotterdam to Savannah, informs that Mr. MONROE, the American minister, arrived at Rotterdam from London on the 14th October, and left it in two days afterwards for Paris and Madrid. Mer. Adv.
PENNSYLVANIA.
On the 7th instant, the trial of the impeachment against Edward Shippen, Jasper Yeates, and Thomas Smith, associate Judges of the Supreme Court of Pennsylvania, commenced at Lancaster, before the Senate. Mr. Rodney appeared as counsel for the managers, and Messrs. Dallas and Ingersoll, counsel for the Judges.
The articles of impeachment having been read, Judge Shippen rose and said, "I beg leave to deliver our pleas and answer to this accusation in writing."
A paper was accordingly handed to the President by Mr. Dallas.
The President then said, "shall this plea and answer be read?"—and the court answered aye.
It was accordingly read by the clerk as follows: "The answers of Edward Shippen, Jasper Yeates, and Thomas Smith, to the articles of impeachment, exhibited against them by the House of Representatives of the Commonwealth of Pennsylvania."
"The said Edward Shippen, Jasper Yeates and Thomas Smith, saving to themselves, respectively, all exceptions, whatsoever, to the said articles, and the charges therein contained, severally answer and say:
That they are not jointly or severally, guilty of all, or any, of the matters in the said articles contained, in manner and form, as they are therein charged against them.
And, they, further, confidently aver, that, all and singular the things, which they have judicially done, in the premises, were warranted and justified, by the constitution and known laws of the commonwealth; and, were free from all feelings and designs of favour, prejudice, cruelty, or oppression.
(Signed)
EDWARD SHIPPEN, JASPER YEATES, THOMAS SMITH.
(Signed) JARED INGERSOLL, } Counsel for the A. J. DALLAS, } Respondents.
Mr. Ballou, chairman of the managers, then rose. "Mr. President, the managers consider it to be their duty, to consult the House of Representatives upon the replication to be given to this plea; they, therefore, demand, of the court, a delay until the usual time of meeting, to-morrow morning, to prepare the same."
The President said, the time is granted. Mr. Keen, of the Senate, then moved that the court adjourn to half past eleven on Tuesday morning; and the court was accordingly adjourned—at 12 o'clock.
MARYLAND LEGISLATURE.
SENATE, January 2.
This day the bill to provide for the trial of fids in the several counties of this state, and to alter, change and abolish, all such parts of the constitution and form of government as relate to the general court and court of appeals, passed the Senate. Yeas 9—Nays 3.
HOUSE OF DELEGATES, January 1.
According to order, the house took into consideration the bill to provide for the election of the governor by the people, &c. and after proposing several amendments and going through the bill, the question was put, will the house refer the further consideration of said bill to next General Assembly? Determined in the negative, yeas 20, nays 42.
The question was then put, shall the bill pass? The yeas and nays being required appeared as follows:—Yeas 37—Nays 26.
Leave has been given, in the house of delegates,
to bring in a bill to alter, change and abolish, all such parts of the constitution and form of government as relate to the time and manner of electing the Senate, and mode of filling up vacancies in that body.
FROM WASHINGTON.
On the 7th January, Mr. Mitchell, from the committee to whom was referred the bill, entitled, "an act to regulate the clearance of armed merchant vessels," reported the following amendment thereto, which is now under consideration.
Sec. 1, line 15th. After the word "furniture" insert "and also in the additional sum of 10,000 dollars," add to the end of the same section the words following: "And that such owner or owners, and the master or commander of such vessel, shall in all things observe and perform such instructions in the premises as the President of the United States shall establish and order for the better government of such vessel."
Strike out the whole of the 2d section, after the word "enacted" in the first line, and insert as follows: "That all unlawful acts committed by any such armed vessels, against the citizens or subjects of any government in amity with the United States, or against the property of such government, or of citizens or subjects, shall be punishable in like manner as if the same were committed within the exclusive jurisdiction of the United States."
Strike out from the word "furniture" in the fourth line of the third section, to the end of the section, and insert the following: "shall be forfeited to the use of the United States, and be liable to be seized, prosecuted and condemned, or the value thereof may be sued for and recovered with the costs of suit, in the name and for the use of the United States, in any court competent to try the same; and the collector within whose district such forfeiture shall accrue, is hereby enjoined to cause prosecutions for the same to be commenced without delay, and prosecuted to effect."
WASHINGTON, January 9.
The New-York papers state the arrival at that city, of captain Hamilton, from Naples, and that he has brought dispatches to government, from commodore Preble. We learn, on enquiry, that the Secretary of the Navy has received a letter from the Navy Agent at Naples, dated October the 30th, which, however, furnishes no information in addition to that previously received and published.
Other accounts give some circumstances not unworthy of notice. The letter from commodore Barron, of the 28th September, alluded to in our last, further states, that he was preparing to attack Tripoli (without the gun and mortar boats) with the frigates, the President, the Constitution, the Congress, and the Constellation—and that this attack would be made as soon as they had completed the repairs of the few injuries received by the Constitution in the action of the 18th September.
It appears also, that commodore Preble and Mr. O'Brien, under the impression that the gun boats and mortar boats could no longer, with any prospect of success, keep the sea, directed them on the 7th of September, two days previous to the arrival of commodore Barron off Tripoli, to repair to Syracuse, on which day they accordingly left the fleet.
A letter from an officer on board the President, dated Syracuse harbour, September 28th, states the following facts, which are too interesting, too illustrative of the high heroism of our seamen, and too honorable to the memory of the deceased, to be withheld from the public.
"I wrote you from Gibraltar the 19th August and from Malta the 6th inst. since which we have been off Tripoli, and arrived here two days since. Two days previous to our arriving off Tripoli a boat was filled with 100 barrels of powder stowed in loose, and 300 shells; the command was given to our friend Somers, who had with him lieutenants Wadsworth and Israel, with about ten men, his orders were to get in among the town and batteries as possible and get fire to the trains, he had with him a small boat to effect his escape from the harbor off which was captain Stewart in the Syren waiting for him. When we arrived off Tripoli we were informed that he got well in and set fire to the trains, but by some accident it was supposed they got off a sufficient distance from the vessel. But by an arrival here last night of a small vessel from Malta, the captain of whom was at Tripoli at the time of the explosion, he informs that Somers had got well in, when two gun boats full of men were sent to board him, which they effected, 100 Tripolitans being on board of his boat, he found he must either fall into their hands or blow himself up; he chose the latter, and with his own hands put the match to the powder, which instantly dashed to pieces the boats, and every person in them. About 100 shells fell into the town and castle, at this instant there was the greatest consternation every where and with 300 men I believe the cattle might have been taken."
Among the brave fellows, who thus ended their days, and laid a well founded claim to glory, were Captain Somers, of Jersey, Lieutenant Wadsworth, Massachusetts, midshipman Israel, of Maryland—who whose names have been stated before, but which are now given with greater precision to prevent mistakes. The vessel blown up was a lugger, of but little value, taken from the enemy.
RECESSION. —On Monday, agreeably to notice, Mr. Stanfield called up the resolutions for a reception of the district of Columbia, with the exception of the City of Washington. Mr. Stanfield first took the floor, and in a speech of about half an hour's duration, supported the constitutionality and expediency of a reception. The arguments on the constitutional point varied but little from those usually urged. He considered the measure to be expedient, from the relief it would give Congress from the consumption of much time and expense, and by promoting the happiness of the people by giving them legislators of their own choice more competent to govern them than Congress. Mr. S. declared himself hostile to a removal of the seat of government, and gave it as his opinion that there was not the least connection between it and a reception.
He was followed by Mr. Dennis, who in a speech of considerable detail, denied the constitutional power of Congress to receive the District without the consent of the whole people of America, and that of the people of the District. Having, by various arguments, enforced this opinion he examined the expediency of the measure. He contended that, although the people of the District were not specially represented on the floor of Congress, yet from their vicinity to the legislature, they were virtually better represented than any other section of the Union. It was true that they did not enjoy political rights according to the theory of writers on government; but they in fact possessed a good government; for that deserved the name where the governors had no interest to oppress the governed. The people, he said, from the time of the secession, had relied on the justice of Congress to maintain them in the enjoyment of the advantages resulting from an act, which they had hailed with greater joy than they had before manifested on any event that had occurred in the annals of their country. The people in every part of the District, he said, had declared their hostility to a reception; and should a reception take effect, without the City of Washington, he ventured to say her prospects were bleak forever.
Mr. Smith rose in reply. He disclaimed any intention hostile to Washington remaining the seat of government, and denied that the secession would have any influence upon it. Having elucidated the constitutional point of the measure, he exhibited in strong colours the degraded situation of the people of the District, and the dangers which might hereafter arise from a continuance of it.
Mr. Early, in a speech of much energy, asserted
the right of Congress to receive the district as well as the expediency of the measure. Whatever might be the opinions of the people of the district; Congress notwithstanding possessed the absolute right of controlling them. Congress are their masters, and the people their subjects. The privileges they possessed were not held of right, but by courtesy. Such a state of political debasement he could not but deplore; nor could he avoid contemplating with alarm the hazard to which the liberties of the nation would be of the nation would be exposed, should a contemptuous President, at some future crisis, make use of the militia of the district over which he had full control, to continue himself in office by intimidating the legislature, whose constitutional duty it was to decide contested elections.
Mr. Eppes, in a speech of much argument and fire, advocated the resolutions. Having discussed the constitutional point, he took a view of the effects of a reception on the people of the district. Painting in lively colours the blessings of equal rights, he affirmed that the restoration of them, so far from lessening would increase their happiness. Alluding to the assertion that they were hostile to a reception, he asked whether it was a fact. For one he could not believe it. But if it were a fact, it would furnish him with one of the strongest arguments for the measure, as it would show the necessity of sending them back to their original states, in order that they might releas them from their obligations to man.
Meaning to give the debate at full length, we have taken this rapid notice merely to gratify in an imperfect degree the public curiosity.
The debate was resumed at an early hour, and continued until the usual hour of adjournment, when the committee rose and obtained leave to sit again.
Messrs. Findley, Elmer, Sloan and Clarke advocated; and Messrs. Southard, Boyd, Nelson, R. Griswold and Jackson opposed a reception.
It is thought that the question will be taken to-day.
On Wednesday the debate on receiving the district of Columbia, was resumed in the House of Representatives at an early hour, and continued until the usual hour of adjournment, when the committee rose, and obtained leave to sit again. Messrs. Roe and Dawson spoke in favor of, and Messrs. Lucas, Thatcher, Taggart, G. W. Campbell and Goddard against the resolutions.
On Thursday Messrs. Rhea of Tenn. and Smith advocated, and Messrs. Lewis, Huger, Claiborne and M. Williams opposed the resolutions;—when the question was taken on agreeing to the first resolution, for receiving that part of the district formerly attached to Virginia, and passed in the negative—Ayes 45—Nays 62.
The question was then taken on the second resolution, for receiving that part of the district, excepting the city of Washington, formerly attached to Maryland, and passed in the negative—Ayes 42—Nays 65.
The committee then rose, and reported their disagreement to the resolutions.
The House immediately took the report into consideration. Mr. Dennis spoke in favor of agreeing to the report, and Messrs. Alston, Bedinger, Stanfield, Holland and Smith against it.
When the question was taken by Yeas and Nays on agreeing to that part of the report which involved a disagreement to the first resolution, and carried affirmatively—Yeas 72—Nays 42.
Mr. Smith moved to amend the second resolution by striking out the words "without the limits of the city of Washington," so that the city, as well as the other part of the district, might be received.
Only twenty-one members rising in favor of this motion, it was lost.
The question was then taken by Yeas and Nays on agreeing to the report of the committee, involving a disagreement to the second resolution, and carried affirmatively—Yeas 69—Nays 39.
The question was then taken on agreeing to the whole report of the committee, and carried—Ayes 50—Nays 28.
It is with pleasure we perceive the renewed attention of the Legislature of Pennsylvania directed to a system, for establishing schools throughout the state, in such a manner as to enable the poor to be taught gratis. The constitution enjoins this duty upon the Legislature. It is supported equally by reason and humanity. May no narrow views mar this great object! Pennsylvania is able, and is the not willing, by making a suitable provision for this object, to lay the foundation of her future greatness and prosperity. The following are the proceedings of the House of Representatives.
On motion of Mr. Porter and Mr. Laycock, Resolved, That a committee be appointed to enquire and report whether any, and if any, what further measures ought to be adopted relative to the constitutional injunction for the establishment of schools throughout the state, in such manner that the poor may be taught gratis; and
Ordered, That Messrs. Porter, Laycock, Ferguson, Harrison, Boileau, Wells and Frere, be a committee for that purpose.
January 11.
Mr. Elliot is re-elected a Representative of Vermont.
George Clinton, junior, the nephew of the Vice-President elect, is chosen a Representative in the Congress of the United States, to supply the vacancy occasioned by the resignation of Mr. Mitchell, and from two years from the 3d of next March.
The bill for incorporating the Union Bank of Maryland has passed the house of delegates, with the modification made by the Senate. The bill for incorporating the turnpike roads has also passed both houses.
The following is the Affidavit of Judge Chase, presented to the Senate on the 3d instant:
City of Washington, ff. Samuel Chase made oath on the holy evangelists Almighty God, that it is not in his power to obtain information respecting the facts alleged in the articles of impeachment to have taken place in the city of Philadelphia, in the trial of John Fries; or of the facts alleged to have taken place in the city of Richmond, in the trial of James T. Callender, in time to prepare and put in his answer, and to proceed to trial, with any probability that the same could be finished on or before the fifth day of March next. And further, that it is not in his power to procure information of the names of the witnesses, whom he thinks it may be proper and necessary for him to summon, in time to obtain their attendance, if his answer could be prepared in time sufficient for the finishing of the said trial, before the said fifth day of March next; and the said Samuel Chase further made oath, that he believes it will not be in his power to obtain the advice of counsel, to prepare his answer, and to give him their assistance on the trial, which he thinks necessary, if the said trial should take place during the present session of Congress—and that he verily believes, if he had at this time, full information of facts, and of the witnesses proper for him to summon, and if he had also the assistance of counsel, that he could not prepare the answer, he thinks he ought to put in, and be ready for his trial, within the space of four or five weeks from this time. And further, that his application to the honourable the Senate, for time to obtain information of facts, in order to prepare his answer, and for time to procure the attendance of necessary witnesses, and to prepare for his defence in the trial, and to obtain the advice and assistance of counsel, is not made for the purpose of delay, but only for the purpose of obtaining a full hearing of the articles of impeachment against him, in their real merits.
SAMUEL CHASE.
Sworn to this 3d day of January, 1808 before SAMUEL HAMILTON.
January 14. DIED, on Friday morning, Colonel JAMES GILLESPIE, a representative from North Carolina. The House of Representatives entered on Friday
MOREAU.
Extract of a letter from a gentleman in Cadiz, to his friends in Philadelphia, dated the 10th of August, 1804.
"General Moreau is now in this city, owing to his lady being seven months pregnant, he must probably defer his voyage to America until Spring. He dresses in a plain private gentleman's habit, and looks rather dejected. Notwithstanding his endeavours to assume an agreeable air, I remark a frequent lifting of his brow, and a stern discontented look often fill his extreme sharp eye. He is thin and pale; much marked with the small-pox; nothing remarkable about him unless it be his uncommon keen penetrating eye. His lady is quite pretty, but in my humble opinion, the will not improve the character given her of being very beautiful; she appears about two or three & twenty; with manners perfectly a la-mode Francaise. They yesterday appeared with the governor at the bull-fights, and were more the objects of admiration than the slaughtered animals.—The present governor, (El Marquis de Salado) pays very singular attention to gen. Moreau, having served as a volunteer in his army at the time of the general's famous retreat. Gen. Moreau requests every one to converse with him, simply, as Monsieur, and not your Excellency."
ENTIRE RETURNS
Of the election of President and Vice President.
   President. Vice-President. President. Vice-President. King.     New-Hampshire, 7 7   Massachusetts, 19 19   Rhode-Island, 4 4   Connecticut, 9 9   Vermont, 6 6   New-York, 19 19   New-Jersey, 8 8   Pennsylvania, 20 20   Delaware, 3 3   Maryland, 9 9 2 2   Virginia, 24 24   North-Carolina, 14 14   South-Carolina, 10 10   Georgia, 6 6   Tennessee, 5 5   Kentucky, 8 8   Ohio, 3 3   162 162 14 14  
A letter received from Washington, dated the 6th instant, states that Mr. Burr is about to make a temporary vacation of his seat in the Senate.—It is supposed that he intends to visit the State of New-Jersey to make arrangements for his trial.

W. INDIES. NEW-YORK, Jan. 7. By the arrival yesterday from Cape-Francois, we learn that the Haytian army was preparing for hostilities, and headed by the Emperor Dufresne, intended an attack against the City of St. Domingo, where they were about to march the latter end of the present month. The market at the Cape was glutted with American produce, and scarcely any coffee to be obtained.
We learn, that strict directions have been given by the French commanders in the West-Indies to the national vessels as well as privateers, not to molest, interrupt or take American vessels, unless on examination of their papers it shall be found they were destined to any port in St. Domingo which might be possessed by the blacks.
Extract of a letter from Hayti, dated December 12th, 1804.
I have written you twice since my arrival in the Island, and am sorry to inform you I have as yet done nothing; the whole island is crowded with American vessels. I had sold my cargo at 25 per cent on the invoice cost, but unfortunately for me no vessels arriving, the gentlemen found means to get off. Markets are so extremely dull there is no sale to be made, and I don't know where to go; there are 17 sail in Port-au-Prince, and all the small ports in the Bay. I cannot for my part see how any of us are to get clear of our cargo, as vessels are pouring in daily, and only 4 or 5 persons in each place are licensed to purchase, and they have got frightened, thinking every vessel on the continent is coming this way; so there is not sufficient to load what are now here—I shall be obliged to put my cargo in the hands of some person here, and pay a commission, as I see no other means of getting clear of it.
P.S. We have now afloat in this harbor at least 3,000 barrels of provisions, and a great quantity of all kinds of dry goods; coffee 25 cents, and on the rise.
Extract of a letter from Bonfleur Taylor, dated Gonaives, 19th December, 1804.
I arrived at Gonaives, but found no sales could be made to a profit; then proceeded for Gonaives, and found this market also glutted; bearing many neutral vessels were at all the ports, I am at a loss what is best to be done; coffee is very scarce and rising.
Phil. Amer.
FROM THE NORFOLK LEDGER.
LOUISIANA.—The 5th of December last was a day which deserves to be forever remembered by the citizens of New-Orleans, and the territory attached to it. It forms a memorable epoch in their history, and may be called the birth-day of the civil liberty. On that day the SUPREME COURT of the Territory of Orleans held its FIRST SESSION, under its new form of government, and exhibited to the former subjects of a king of Spain the novel spectacle of a free and impartial trial of all crimes and offences, by a judge, subject to the law and to the previous decision of twelve disinterested and honest men; the only real safeguard of the person and property of the citizen. The names of the following gentlemen are recorded as the first who have been honoured by the title of JURORS, in our newly acquired provinces.
First Grand-Jurors for the Territory of Orleans. JACQUES PIROT, Foreman. BENJAMIN MORGAN. LEVADAUS, Senior. ANDREW BURKE. PAUL LANUSSE. STEPHEN HENDERSON. JOSEPH FAURIE. ARTHUR MORGAN. JEROME DE LA CIABELLA, DAVID UROURD. I. F. MERIEULT. CHARLES PATTON. NICHOLAS GRAUD. JAMES CARRICK. MICHAEL FORMER, Jun. GEORGE POLLOCK. ALEXANDER MILZE. RICHARD REIL.
The Grand Jury having taken the oath prescribed by law, its honour addressed them in a neat and interesting charge, which though not particularly remarkable for depth of research, deserves nevertheless to be recorded, as being the first which any judge has there had an opportunity of delivering. In the novel situation in which Mr. Prevost was placed he might perhaps have done more; but he is rather to be allowed credit for what he has performed, than censured for what he has left unattempted. We had hopes of receiving the charge in his own words; but neither of the papers published in English at New-Orleans having come to hand, we translate the following DU MONITEUR DE LA LOUISIANE, in which paper it is published with the attestation of the sworn interpreter of the court.
Gentlemen of the Grand Jury: I cannot describe the agreeable emotions which I feel in addressing myself to an assembly composed of the respectable inhabitants of this territory, by a title so sacred in the annals of civil liberty. They proceed from a deep conviction of the important consequences that might flow from that system which is this day introduced amongst you, from the knowledge which experience has given me of its advantages; and from a persuasion which makes me hope that, when this principle shall be perfectly known, it will be considered as the most invaluable privilege that can be secured to you by your close union with a people jealous of its civil rights, and tenacious of every thing which concerns the personal safety of the citizen.
I felicitate you, gentlemen, not only on the introduction of the Grand Jury, but on the establishment of a tribunal for preliminary inquiry, unseparated from the character of its members, to corruption or any description; sheltered, by their firmness and independence, from the assaults of power; exempt, by their integrity, from the influence of favouritism, and whose impartiality is guaranteed by the sacred love of duty with which they are animated, and the high responsibility attached to their functions. Severe, indeed, ought to be the principles, and incorruptible the equity, of that body, whose sole accusation can bring to the bar of justice, as a criminal, the man most exalted and dignified: while he the most obscure cannot, without its consent, be put to answer even for a capital crime? If the power of accusation could be exercised without the restraint of previous examination into the nature of the charges, there would exist no security even for the citizen whose conduct should be the most irreproachable. Calumny might rob him of his reputation; credit would lend a compliant ear to his defamations; and hatred or revenge in the compel him to appear under undeserved accusations, at the bar of a criminal court. In such predicament what would his innocence avail? A tardy judgment might, perhaps in acquitting him, re-establish his reputation in the opinion of the public, but not in the minds of an unreflecting multitude, who but too often think that to be guilty is to be infamous. Were this power placed in the hands of one man, or in a permanent body, it would frequently be subjected to the insidious favour of corruption. How, then, are these evils to be prevented? What is that accusation which must inevitably strike at the guilty? How are the innocent to be effectually protected against groundless charges? The experience of ages, the inspirations of genius, the result of the most enlightened observation, unite to demonstrate that innocence cannot pass through a more pure ordeal, can not have a more powerful safeguard, than a tribunal composed of men, chosen, at fixed epochs and for a limited time, out of the most respectable classes of that society into which they must re-enter at the expiration of their functions. Such gentlemen, is that institution of which you have the honour to be the members, in this territory.
From you, gentlemen, who have been thus selected, and who have sealed your engagements with the most solemn oaths, your country expects the fulfilment of those duties, which are now imposed upon you. Your duties are briefly designated in the oath which you have taken, and by which you have bound yourselves to denounce all crimes which may come to your knowledge, without fear, favour, affection, or hope of reward; as every individual whom you shall accuse, must be subjected to the event and to ignorance of a public trial, you are equally bound not to accuse any one, "without cause, evidence, or motive;" in short, as you are responsible to God and to your conscience, you are enjoined to present all things "with truth." It is also your duty to take cognizance of all infractions of the laws of the land, whatever may be the degree of such offence; patiently to hear and diligently to examine the proofs which may be offered to you in support of complaints; and whenever twelve of your number shall unite in finding them well grounded, to prepare a bill for indictment, containing all the particulars of the crime.
The Attorney-General will assist you in arranging such indictments as you may think proper to submit him upon, and he will also aid you with his advice on the nature and merits of the proof required by law to substantiate such species of crimes.
You are doubtless well convinced, gentlemen, of the necessity of preserving the most strict secrecy respecting every circumstance which may come before you; and particularly with regard to the opinions, which may be uttered in your private deliberations. This secrecy is indispensable to the free exercise of your functions; for no one would wish to incur the enmity of his fellow-citizens, by a free expression of sentiments, did he fear that they would be exposed by an indiscreet revelation: thus the greatest offenders would frequently escape punishment, if the voice of truth were not certain of being protected, by the assurance that its counsels would never be divulged.
After having thus explained the nature and object of your functions, it only remains for me to add, gentlemen, that on your vigilance in examining and in denouncing offences, depends the preservation of order, of morality, of religion, and of government.
ENQUIRER.
RICHMOND, JANUARY 13, 1805.
A spirit of opposition has gone forth against the penitentiary system of Virginia. The following Debate which took place in the House of Delegates on Wednesday, proves the existence of such objections; and it proves at the same time that ingenuity and zeal are not wanting to conduct the opposition. The criticisms on this plan will not probably be repeated during the present session: Yet they will not probably terminate here. When such opposition commences, it is unreasonable to expect, that it should immediately expire. Some future Legislature will no doubt be invited to pursue the same subject; and once more will an investigation be sought into the merits of our criminal code. It is true therefore that the people should know the objections, which are alleged against it; that they should begin to discuss a subject so important in its consequences: it is true that all the imperfections of the present system should be well understood, and if their imperfections are not irremediable, it is time that new and more favorable modifications should be proposed!
ON THE BILL TO AMEND THE PENAL LAWS OF VIRGINIA.
It was the wish of Mr. Tazewell to punish every man with death, who should counterfeit Bank Bills, or who should pass them, knowing them to be counterfeit.
Mr. Tazewell assumed his reasons for proposing this amendment. He observed, there was no man, who would not agree with him, that the crimes of counterfeiting and passing Bank Bills, ought to be subjected to a very exemplary punishment. The only difference of opinion which could exist on this subject, must arise from the degree of punishment, which ought to be inflicted. On this point, he was happy to inform the house, that his opinions, and those of the first framer of the penitentiary system, were in the most complete unison. In a conversation with that gentleman on the merits of his favourite establishment, he had candidly declared to him, that if he had sufficiently meditated on the consequences of forging Bank Bills, he would have proposed the most capital punishment; and that he would not have hesitated to insert it on the same scale with murder of the first degree.
This opinion was perfectly in unison with the fundamental principle of the penitentiary system—the graduation of punishments to crimes. But the degree of criminality itself, could only be determined by the degree of injury, which was done to society, and consequently the only sound principle of criminal justice, was to measure the punishment of an offence by its injurious consequences upon society. According to this rule, Mr. T. observed that the crime of counterfeiting Bank Notes was more calamitous and oppressive than even the crime of murder. The house would recollect that the Bank of Virginia is about to circulate 4,500,000 dollars, that this money was to be received in the payment of taxes; it was to be employed as a tender between individuals and individuals. What then would be the consequence, should these notes be counterfeited and discredited? All the resources of the community may be drained; individuals may be ruined, and almost incalculable evils may be produced.
Mr. Tazewell therefore conceived that the state and individuals under such circumstances, would sustain more important injuries from the counterfeiting and passing of Bank Notes, than even from the crime of murder, and that it was consequently politic and just to subject it to an equal punishment.
Maj. Holmes hoped the gentleman from Norfolk would consent to change his amendment, so as to make a discrimination between the man, who counterfeits a note, and the man, who passes it away, knowing it to be counterfeit. In making a criminal law, the legislature ought to reflect that punishment only, which when the case was brought before the jury, they would consent to inflict upon the offender. But there was not perhaps one jury out of a hundred that would find a verdict of "guilty" against the man, who had simply passed a Bank Note, when that verdict would carry along with it the punishment of death. The two offences introduced into the amendment were different in their nature. The one was more difficult to be proven than the other, and if the punishment of death was extended to both, the jury would scarcely ever find a verdict against it. Mr. Holmes here cited a case, which had been tried at the last Winchester district court. Hubbert, the criminal, was accused for passing forged Bank Notes, knowing them to be such. The testimony against him appeared irresistible; there was not a chain to be found in it; there was scarcely a man, who did not believe him guilty. Yet out of the four indictments on which he was tried, he was acquitted on the two first and condemned on the two last; and there was no one present at the trial, who did not believe if the punishment of confinement had been extended to more than four years, that this man would not have been found guilty even on the two last indictments. Mr. H. therefore submitted to the mover the propriety of leaving the punishment of death to those only, who should be guilty of the crime of counterfeiting.
Mr. Thompson thought that forging was a more flagrant crime than passing. If a man steals, however, he is confined; and if this is worse, he thought the punishment ought to be greater.
Mr. Tazewell observed, that there was at present no punishment for forgery by the Virginia statutes; and that the only resource in such a case, was to be found in the Common Law, which simply imposed a fine and imprisonment. He, therefore, thought that the legislature ought to interfere, and that some higher punishment was absolutely necessary. This punishment ought to be exemplary, and the degree of it could be determined by no better rule, than the one which he had already designated: it should be in proportion to the injurious consequences of the offence upon the welfare of society. Forging was perhaps more injurious than murder, arson, or rape. It was like treason: it strikes at the very foundation of the state: it strikes at its revenue. It wounds individual wealth. It discredits the circulating medium. He differed from the worthy speaker in thinking that there was any real difference in the classification of the crimes of counterfeiting and altering Bank Notes. Perhaps even the act of passing a bad note was worse than the mechanical act of counterfeiting it. He who merely counterfeits a note does no mischief. It is only when the note finds its way into the community, that it assumes a noxious character. With-out-siders and abettors, the mechanical counterfeiter can produce no effect and no injury. It is then the man who circulates the note that stands on the highest point of criminality, and who should suffer at least an equal punishment.
A case has been cited from the records of the Winchester Court, to prove the difficulty of convicting a counterfeiter, should he be made liable to a capital punishment. From the statement which has been given of this case, it is plain that the offender was acquitted on the two first indictments; but it is also evident, that he was convicted on the two last. It is clear then from this very case, that there is always a certain degree of evidence, which would be sufficient to satisfy a jury and convict the offender; and justice would thus be administered, whether confinement or death should be the penalties of his offence. Mr. Tazewell declared he entertained a more exalted opinion of the consciences of a jury: He believed that if they were once certain of the facts, they would not hesitate to find a proper verdict. They will not expatiate upon its consequences, if they could once be satisfied of its legality and justice. They would not say, a long imprisonment or an endless death will be the consequences of our verdict; but they would go on to do their duty, because their consciences would ratify the act.
Mr. Tazewell declared that seven years' experience of the penitentiary system had not convinced him of its complete utility. He did not perceive, that it was adequate to its original design. So far from diminishing, it had increased offences: and year after year the melancholy increment appears to be certain. The number of crimes, as stated by the authentic documents before the House, appears to be greater and greater during every succeeding year. He thought that the great error of the penitentiary system, consisted in the actual apportionment of punishments to crimes. It was his opinion, that adequate punishments were not inflicted upon all the offences, which demanded a greater rigour in the law.
Mr. Thompson moved an amendment, so as to substitute the punishment of confinement to that of death; and to make the term of confinement not less than 20 nor more than 30 years.
Mr. Barbour was in favor of the principle of the last amendment; but he submitted it to the mover, whether it was not best to limit the term of confinement to less than 10, & not more than 20 years. Mr. Barbour thought it was more consistent in the Legislative body to pursue the plan which they had already begun and not rashly relinquish the penitentiary system. Already had they established the principle of graduating punishments to crimes; and in the practice of this principle, they had subjected treason and murder of the first degree to capital punishments, while murder of the second degree, and arson and rape were punished by different terms of confinement. Reason too had sanctioned the propriety of this principle. It is the certainty of punishments which constitutes the only antidote to crimes. Turn to an illustrious Empire, where the policy was adopted of abandoning all capital punishments, and yet the history of that country assures us that crimes were almost altogether prevented. The gentleman has observed, that the number of crimes is yearly increasing. But what proof has he adduced of this assertion? If there be any evidence of the fact, why did he not adduce it? He certainly infers from a comparison of the number of criminals, who were convicted under the former laws, with the number of convicts under the present penitentiary system. Yet it might even be admitted that this comparison was predicated upon indisputable facts, and that the number of criminals has apparently increased, and yet even these facts would not support the proposition he has advanced. The reason is obvious. No one who has frequented our Courts of justice is unacquainted with the operation of our milder system. Every one knows that a smaller degree of evidence is sufficient to satisfy a jury, and to convict a criminal, now, that his punishment is milder & more adapted to his offence than formerly, when he was punished in the most rigorous and sanguinary manner.
What stronger arguments could a sagacious advocate desire than those which he might extract from the very penalties of this bloody code? When he placed before the jury the fate of his unfortunate client, when he laid at their doors the entire responsibility of putting to death an innocent man or a man who had not been guilty of atrocious charges; when he could employ such means to play upon the imagination, and harrow up the sensibility of his audience, what chance was there that the jury could resist the impression and surrender up its victim to the gallows? Since our statute on this subject has been changed, all this parade of eloquence, all these highly-wrought descriptions of distress, all these pathetic appeals to the passions, have been arrested, & the jury are now left in an unimpassioned tranquility, and with their understandings subjected to no influence, but the influence of fact and argument alone. And what said Mr. B. is the consequence? I believe that there are 3 convictions under the present system to 1 under our former law, and for the very same crimes, and under the same degrees of testimony. What then is the proper inference? That the criterion which the gentleman has employed to prove the increment of crimes, is not correct: that the only inference which these facts can authorize, is not that the number of criminals has increased, but that the number of convicts is greater.
Mr. B. confessed, that his own alarms had been excited on this subject, but he still believed that it was better to go on with the penitentiary establishment than to stand still or deviate from the course, they had already pursued: that though all could not be done which they had looked forward to, much might be accomplished, & that should they succeed in their benevolent plan, it would reflect immortal honor upon their country. It would save thousands of Wretches from that doom, which lies far beyond the ken of man, from that scene, which no one can approach without terror and dismay. Should the penitentiary system succeed, where in the whole chapter of discoveries and improvements, shall we find one, superior to it in value? The Legislature ought not to be so extremely whimsical, as to be continually deviating from its adopted schemes, or from the principles of justice. And yet what inconsistency would be more obvious, than for the Legislature of Virginia to declare that the crimes of arson and of rape may be punished by confinement, that murder of the second degree is to be atoned for, and expiated; but that the counterfeiting of a Bank Note is to be subjected to the last and most dreadful punishment?
(Debate to be continued.)
VIRGINIA MUTUAL ASSURANCE SOCIETY AGAINST FIRE ON BUILDINGS. The members of the society have agreed upon a constitution, which has been presented to the Legislature for their ratification. The leading principle is, the discrimination which it makes between the insurance of houses in the towns and in the country; a discrimination not produced by any increase in the rate of premiums on town houses over those in the country; but by a complete separation between the two species of insurance. The bill which is now before the legislature declares, that the premiums and quotas, which are paid by the country, shall be appropriated to the use of the country houses and to none other; and that the premiums and quotas which are paid by the towns, should also be confined to the towns: that the country and the town houses should be separately responsible for their losses, and should be separately entitled to any interest, which may accrue upon their stock; that the expenses of the institution should be paid jointly and in proportion to the property insured; that the class of building, and the ratio of risks both in towns and in the country should be adjusted by the Board of Directors; that the affairs of the society should be administered by a President and three Directors; the President to receive 500 dollars per annum and each of the Directors $50; & that an agent should be appointed with a salary of 1000 dollars. The other parts of the bill provide for the disposition of the stock, which is already on hand, and for the payment of the debts, which are already due and which may be contracted before the commencement of this new constitution. The Editor has nothing to add on this subject to the THREE VIEWS, which he exhibited a few months ago, of the constitution, advantages and defects of the Insurance Company.
DIVORCES.
Two petitions only have been presented to the present Legislature, for divorces. One has been already granted to a Mr. Campbell of this city; but Dr. Mettaur's of Prince Edward County, was not equally fortunate. His petition and the favorable report of the committee of justice, were rejected on Wednesday, in spite of the very cogent arguments, which they contained. The discussion which arose on this subject turned rather upon the peculiar circumstances of the case itself than upon the general principle of divorces. Mr. T. Randolph of Amelia, delivered some very elegant remarks on the sanctity of the Marriage Tie, and the injury which it might receive from the least inconsiderate touch of the Legislative body. Mr. Tazewell of Norfolk, whose views are generally luminous & always interesting, attempted to show the importance of establishing at once some fixed principles, for deciding all subsequent cases. In other countries he observed, there were particular tribunals to preside in all cases of divorce, and these tribunals had always pursued certain invariable principles in giving their decisions. In Virginia where the Legislative Body had reserved this power to itself, & occasionally resolved itself into a kind of ecclesiastical court, few precedents had been formed and few principles had been permanently established. Whilst therefore he regretted this defect in their proceedings, he should not hesitate to supply it by referring to the European tribunals, where experience had already demonstrated the utility of particular decisions. Turning then to the precedents in the court of Doctor's Commons in England, he discovered that the plea of adultery had always been admitted sufficient to annul the obligations of the marriage contract. Without defending therefore to a circumstantial view of this particular case, he should not hesitate at once to decide upon this abstract principle, that Dr. M. ought to be emancipated from his matrimonial fetters.
Other topics are unavoidably postponed.
The editor once more conceives it to be a duty which he owes to himself and to the members of the legislature, to observe, that he is fully convinced of the inaccuracy with which their speeches are sometimes reported. This paper however is open to their corrections, and he would take a pleasure in publishing any Errata which they may think proper to communicate. There are few occasions when he can presume to record their language, or follow them through the details of their reasoning. To each the general scope of their argument and preserve its accurate arrangement, are the principal objects to which he dares to aspire.
Errata in Mr. Smith's speech in the last Enquirer.
For "any part of the liberty of the human race," read, "the liberty of any part of the human race." For "the natural rights of individuals," read, "the natural right of an individual." For "voted for the law," read, "proposed a law."
The author of the present number of the Rainbow, requests his readers to suspend their opinion upon its merits, until they peruse its second part, and can more distinctly comprehend its general design.
COMMUNICATION.
There was a Lunar Eclipse on Tuesday morning. The commencement of the Eclipse was ascertained to be, at Richmond, twenty-seven minutes before two. (1) This was determined by taking several correspondent altitudes of the Sun, before and after passing the meridian on the preceding day, with a correct Hadley's Sextant; and from a mean of the several times between these observations, two times-pieces were corrected. The commencement of the Eclipse at Greenwich, by the Nautical Almanack, was forty-two minutes past six, which determines (2) the longitude of Richmond to be 77° 15' west. (3)
(1) In Bates's Virginia and N. Carolina Almanack, it is predicted to take place at 47 minutes after One. There is consequently a variation of 14 minutes. (2) This is determined by a very simple astronomical principle. Every circle of the Earth is supposed to be divided into 360 degrees, and the whole time, which it takes the Earth to revolve on its axis, is divided into 24 hours. Divide then 360 degrees by 24, & the quotient will be the number of degrees which any of the heavenly bodies will view in one hour on a circle of the earth. On this principle is founded the use of Harrison's celebrated time-pieces in determining to the seaman, the longitude of the places, which he visits. (3) What is the Longitude of Richmond according to the most correct maps? E. E.
DIED—On the 9th December, at his seat, Fleetbay, Northumberland County, JAMES HENRY Esq. Aet. 73. This respectable gentleman was a member of the old Congress, and was within a few years past a Judge on the General Court Bench of this state.
Acoustic Temple.
WOOD
INFORMS the public of Richmond, that he has constructed an ACOUSTIC TEMPLE, similar to that lately exhibited in this city, originally invented by Le Brun of Paris; and that it will be exhibited on Tuesday next, at his house opposite to Mr. Copleland's, Shockoe-Hill, from nine in the morning, until nine in the evening, for some time previous to the delivery of his proposed Lecture on sound, in which the principles of that machine will be satisfactorily explained. The temple is in every respect the same as Le Brun's, with the exception of the Mirrors of Vision—and produces the like phenomena, both of breathing and found. The Mirrors would also have been added, could they have been procured in Richmond. Those who are inclined to see the Acoustic Temple separately or before the Lecture, pay one half dollar, and another half dollar if present at the Lecture. The admission to the Lecture, for those who have not previously visited the Temple, will be one dollar. January 16.
Richmond Theatre.
FOR THE BENEFIT OF MRS. HOPKINS.
THIS EVENING, January 18, 1805, will be presented, a celebrated COMEDY, never performed here, called
Partnership Dissolved,
OR, THE SECRET.
End of the Play, a Song, "THE WOUNDED HUS-SAR,"—by Mrs. Hopkins.
After which, a Pantomimical Ballet, entitled
The American Tar,
OR, NAVAL GARLAND.
In the course of the Ballet, (for the first time)
A HORNPipe, by Mrs. Hopkins.
An ALLEMANDE—Mrs. Hopkins, Mr. Poe and Mr. Briers.
To conclude with a DANCE—by Characters.
To which will be added, (the first time these five years) the MUSICAL ENTERTAINMENT of
The Prize,
OR, 2, 5, 9, 8. Caroline, Mrs. Green.
RICHMOND ACADEMY LOTTERY.
NOTICE is hereby given, that the drawing of the said lottery will commence on this day, and be continued on Tuesdays and Saturdays, by drawing from fifty to five hundred numbers, until the whole is completed.
All tickets not sold and delivered before this day, will be considered as held on account of the Trustees of the academy; and the agents for selling them are earnestly requested to remit either the money or the tickets committed to their disposal to the commissioners from whom they were received. Those who have purchased tickets on a credit, will be pleased to reckon from this day.
If the days of drawing, and the number to be drawn, shall be encumbered, public notice will be given of the same.
The prizes to be paid in sixty days after the drawing is completed. It is hoped that the tickets remaining in the hands of the commissioners, will be readily bought by those who are well wishers to the proposed academy, or who wish to see in the neighbourhood of this city, the beginning of a great National University. The committee appointed for that purpose, have already purchased a site more than a mile from town; & the necessary building spring.
On behalf of the trustees, Robert Mitchell, Robert Pollard, Alexr. Stuart, Wm. Price, G. Tucker. Appointed superintend the drawing.
Richmond, January 8, 1805.
FOR SALE,
At Louisa Court-House, on the 19th day of February next:
THIRTY-SEVEN VALUABLE SLAVES, belonging to the estate of Christopher Smith, dec'd. consisting of Men, Women and Children.—It is believed they are as likely a parcel of Slaves as was ever offered for sale in the State. Bonds with approved security, bearing interest from the date, payable the 10th of February next, will be expected from the purchasers; the interest will be remitted if the principal is punctually paid.
CHARLES SMITH, Adm Exr of CHRISTOPHER SMITH, dec'd.
Louisa, 18th Jan. 1805. 10f
RISH Linens and Sheetings; Superfine Cables and Calimera; India, Italian and French Silks; Do. do. do. Hdkfs.; Fancy Muslins, Veils and Shawls; Colorado Muslins; Cambric Dimities & Calicoes; Laced Caps and Veils; Do. Hdkfs and Shawls; Do. Gloves and Mitts; Wasp Leather and Kid Gloves. For Sale by BARTLETT STILL. January 10. tf
WANTED,
A MAN without a family, well qualified to teach correctly the English and Latin languages. Such one who will come well recommended, will meet with liberal encouragement, in a private family. Enquire of the editor of the Enquirer. January 18.—(law 3w.)
FOR SALE.
Will be exposed to Public Sale on the 20th of January next, or the next fair day, at my plantation in Richmond county: ALL the STOCK, Plantation utensils, Household and Kitchen Furniture—Also, several LIKELY NEGROES. Terms of sale will be made known on the day of sale.
At the same time will be offered for sale, 800 acres of VALUABLE LAND, situate on the Rappahannock, & abounding in fine Pines, Oysters, &c. This land is of equal quality with lands in the neighbourhood. WILLIAM T. COLSTON. January 18.—(tds.)
NEW LINE OF STAGES,
From Hampton to Richmond, now in motion, will leave Thomas Glenn's Tavern in Hampton every Tuesday, Thursday and Saturday at 6 o'clock in the morning, and arrive at Richmond every Monday, Wednesday and Friday at 8 o'clock in the evening. Will leave the Eagle-Tavern in Richmond every Tuesday, Thursday and Saturday at 4 o'clock in the morning, and arrive at Hampton every Monday, Wednesday and Friday at 6 o'clock in the evening. Passengers may enter at Mr. Smock's bar at the Eagle-Tavern in Richmond—the terms are the same as Mr. Moody's Stage. MATT GLENN. January 18.—(tds.)

The RAINBOW.—Series 2d.
NUMBER VII.—PART 1A.
REFLECTIONS ON DUELLING.
That the laws of Virginia, in relation to duelling, are utterly inadequate to the prevention of this great and afflicting evil, is a proposition, to the truth of which every man must instantaneously assent. It is believed to be a fact, that the survivor in a duel has never been arraigned before a jury, in this commonwealth, from the commencement of the revolution to the present day.
This apathy of the magistrates, and this silence on the part of those who have to deplore the death of a friend or kinsman, obviously result from the absurdity and injustice of our criminal code. By law, even according to the reformed penal system, as it is called, adopted within a few years past, killing a man in a duel is murder. It is a matter of no consequence that the accused had received the most humiliating provocation: that his conduct was conciliating and correct: that further patience would have embittered his future life, by subjecting him to the scorn, or what is worse, the pity of the brave, the insults of the cowardly, and the perpetual reproaches of his own tortured feelings: all this is immaterial: he has shed the blood of man, and the law pronounces that his blood shall be also shed. He is not permitted to breathe the infected air of the penitentiary, even among thieves and robbers, of whose reformation some hope is wisely entertained: but classed with the midnight murderer, whose object is plunder or revenge, the hired assassin, who traffics in human blood, and the monster who lifts his accursed hand against his parent's life, he is to be cut off, as a wretch whose existence cannot be tolerated by society, and for whose offence no expiation can be made.
What then is to be done? The answer, exclaims the pious moralist, is obvious. Let such measures be adopted as will put a stop to this custom, which religion forbids, which reason condemns, which humanity deplores. In reply to this explanation, it has been frequently remarked, that the suppression of duelling, by legal denunciations, is impracticable. This position is not affirmed to be absolutely true; but it is admitted to be so by one writer eminently distinguished for his knowledge of mankind, and by another no less distinguished for his learning and his piety.
Until, therefore, the time shall arrive, at which the precepts of the wife, and the example of the brave and good, shall teach men magnanimously to submit to personal injury and abuse, and to despise the offender, rather than the person injured, the public sentiment will have an influence on individual conduct, of which the law cannot divest it. The greatest of all punishments is the contempt of our fellow-men: and therefore the less evil, the chance of pain and death, will be occasionally encountered. This observation applies with peculiar force to the citizens of a republican government. In Great Britain and in other European countries, rank and wealth place many of the leading members of society, beyond the reach of censure. The hiss and clamor of the low multitude reach not the elevated regions in which they move. The dependence which they feel, is upon the government, and not upon the people. But in this country, where our government leaves us perfect freedom, every individual feels his absolute dependence on public opinion. Here every man is accessible to all. The rich and the poor, the learned and the ignorant, the polite and the vulgar, are perpetually thrown together in society, on the level plain of equality, and all act towards each other with that candor and sincerity, which a sense of equality never fails to inspire. Every man, therefore, not only feels but feels the opinion of the public, and he is compelled to pursue such a system of conduct as will either engage affection, or command respect.
It has been also remarked, that the suppression of duels, by the terrors of the law, even if it
could be effected, would, in the present state of society, produce a greater evil than duelling itself. Men will differ. Their ardent and irritable tempers will occasionally throw them into collision with each other. "Offences must come—as soon may the waves of the ocean cease to roll, as provocations to rise from human frailty." If the present mode of deciding controversies is abolished, recourse may be had to measures still more dreadful. Men of small stature will not be trampled upon by the ferocious and gigantic members of the community. Weapons of defence will be worn, which will be used upon the spot, under the influence of every angry and vindictive passion. The spirit of vengeance will be excited and diffused: parties will be formed: the magistrates will not dare to interfere: and anarchy may lay waste our cities. But a duel, it must be recollected, is always confined to the parties themselves: it is generally conducted with great deliberation, and is often prevented by an acknowledgement of error resulting from reflection, by the interposition of friends, or the timely exertion of magisterial authority. Probably, therefore, the practice of duelling is upon the whole more favorable to human life, than its suppression would turn out to be: as it is certain that the introduction of fire arms has rendered modern battles less bloody than those of antiquity. The slaughter of Jemappé and Marengo, was much less dreadful than that of Thrasymene and Cannæ. In fact, the passions which have marked the human character in all ages, are not to be eradicated. Their progress in one direction may be checked by the power of the government, but they invariably take another course, and often become more fierce and destructive in their ravages than they would have been, if, instead of being opposed by the force, they had been guided by the wisdom of the law.
Thus in some of those countries, where duelling is not practiced, that sentiment which here impels a man of feeling, to call his enemy to the field, seeks for gratification in the Billetto and the poisoned cup. In Spain and Italy formerly, duels never occurred; but it is probable that more men fell in one year in those countries by poison and assassination, than perish by duelling, in a century.
In opposition to the reasoning like this, it is said that the Greeks and Romans were a brave and high spirited people, and that they never thought of deciding private controversies by a formal appeal to the sword. An Athenian general did not feel dishonored by having a cane angrily raised to strike him; nor did Cæsar think it necessary to resent the conduct of Cato, though he was scorned and insulted in the presence of the Roman senate. The application of these facts, is not distinctly perceived. The only inference fairly deducible from them is, that the manners and sentiments of the Greeks and Romans were in their respect different, from those of the northern Europeans and the people of America. But whether their system of deciding controversies was better than that which superstition and the spirit of Chivalry have introduced in modern times, is a question which a volume of facts like these would leave totally undecided. It is true that duels were not fought, but it is to be inferred that injuries were forgiven, and that insults were not resented? In the tumultuous assemblies of the people, where parties armed with clubs and daggers were conducted by their different leaders to the forum, innumerable victims were offered up to private malice, as well as to party rage. In fact, every man who took an active part in the affairs of his country, was in perpetual danger of his life. He was therefore generally attended by an armed association of friends and clients to the capitol and the forum, and his house was often guarded in the night against the apprehended attacks of his personal and political enemies. In such a state of society, tumults and bloodshed were unavoidable. Peace and security were banished: and the frightful anarchy which desolated Rome in the latter ages of the republic terminated in absolute military despotism. In the country where no opportunity of gratifying hatred or revenge could be afforded by numerous assemblies, these deadly passions impelled multitudes to have recourse to poison. In the short space of a few months, at a period when public virtue was in its highest splendor, upwards of 8000 persons in one province were convicted and capitally punished for this offence, which at the present day is as rare as it is atrocious.
(g) This remark may be illustrated by a very familiar example. The passion for gaming has prevailed in all ages and countries. The legislature of Virginia, instead of endeavoring to regulate and direct it, so as to make it productive of the least possible mischief, have wasted their time in fruitless efforts to suppress it. They may stop the current in one place, but it will force a passage in another, and perhaps be more mischievous. Thus, after the suppression of 50 billion tables, 50000 tables for 100 and other games at cards, were constantly exhibited. (h) Dr. Moore, however, in speaking of the frequent murders in Italy, ascribes them to their miserable system of police. But whatever be the cause, such is the fact. (i) When Tiberius Gracchus, who was obnoxious to the Senate, was slain, 300 of his friends were murdered with him, at the capitol and in the streets of Rome. Instances of this sort are in great number. (k) Tit: Liv. b. 40. c. 43.
Miscellaneous.
That ferocious and dangerous animal, commonly denominated the Catamountain, is supposed now to exist in an extensive wood in the town of Boxford. The inhabitants of that town have frequently in the late season lost their sheep without being able to account for it; and several persons had reported that they had seen in these woods some animal of an uncommon and terrifying appearance, but without exciting much attention. Some time last month however a young man having occasion to go through some part of the woods, he took with him his gun, merely charged for a squirrel in case he should chance to see one. As he was passing on, his dog perceiving a squirrel at a little distance began to bark; but as the young man was going to the place to shoot him, he perceived a large long bodied, fierce looking animal, apparently of the cat kind, making towards him. He turned and ran, and winged with terror, sprang upon the trunk of a falling tree, which lay in a slanting position lodged upon a stone, where he could scarcely have ascended in any other circumstance. He had got to about sixteen feet from the ground, when, calling his eye down, he beheld his enemy just on the point of making a leap at him, which caused him immediately to jump the ground, so that each gained the other's place at the same instant: the young man then suddenly presented his gun at the face of the creature, and fired his small charge, but could not determine whether it injured him; but he immediately sprang from the tree again, leaped upon the gun, and with his enormous claws scratched & tore the stock. It was fortunate for the young man, that he took the gun for the object of his vengeance; it undoubtedly saved his life; he wrested it from him, turned and ran, and the creature, who at one bound might have fastened his claws into his prey, did not pursue him: this is attributed to his missing him at his first spring, which is said to have the effect in some measure to disconcert and discourage him. The inhabitants intended to scour the woods, and destroy the creature, whenever they should be able to enable them to track their foot-steps.
Since preparing the above we understand there have been two killed near Andover. [Salem Gaz.]
NOTICE IS HEREBY GIVEN,
THAT I executed to John Burton of Buckingham county, on the third of the present month, two bonds, one for the sum of £ 100 payable 25th inst. and the other, for the sum of £ 15 payable 25th of December, 1805, which bond I am determined not to pay, as the said Burton has failed to make a good right to a negro man, for which the said bonds were given.
THOMAS BONDURANT.
TO MR. CHRISTOPHER JOHNSON, OF SOUTH-CAROLINA. SIR, As you are not a resident of this Commonwealth, and have no Agent or Attorney within the same, to whom a legal notice can be given; you are hereby informed, that by virtue of a commission issued from the office of the High Court of Chancery, for the middle district of Virginia, by law directed to be held at the Capitol in the City of Richmond, in the suit in Chancery depending in said court, in which you are Complainant, and I am Defendant. I shall proceed on the second Monday in February next, at the Tavern of James George in the county of Goochland and state of Virginia, to take the depositions of Thomas Johnson, John Johnson, Zachariah Pulliam, John Freitwell, and William Chick, to be read as evidence in the said suit, and that if the same cannot be taken on the day aforesaid, the taking thereof will be continued by adjournment from day to day until the whole are completed; when and where you may if you please attend.
I am Sir, Yours, &c. BERRIMAN JOHNSON. Louisa county, and state of Virginia. December 22. (eS4w.)
TO NON-RESIDENTS OF KENTUCKY.
THE SUBSCRIBER living in the neighbourhood of Frankfort, Kentucky, having undertaken to pay the taxes of a number of gentlemen residing in Virginia and elsewhere, on their lands in this state, and finding that the remitting of money to him for that purpose is attended with great difficulties, risk and trouble, proposes it to those gentlemen and any others who may find it an accommodation to them, the following plan, to wit: That they shall deposit their money in either of the banks of Richmond, Alexandria, George town or Baltimore, on or before the first day of May annual, and authorize some person at those several banks to advise him by post of the amount, and to subscribe credit it shall be applied, and impower him to draw for the same, payable on sight. The lands of non-residents are advertised about the first of July, which is an expense of twenty-five cents on each tract. The subscriber's draft will command the cash in this state, and as soon as his bills are honoured at any of the above mentioned banks, he will advance the money in Kentucky, deducting seven and a half percent commission for his trouble, in attending to and executing the business. He will enclose duplicate receipts to those banks in which the money is deposited, or to the proprietors of the lands, keeping the original in his own possession, to correct any errors which may occur in the auditors office of Kentucky. To those gentlemen who may wish to pay their taxes in this way, and who have not a personal acquaintance with the subscriber, he begs leave to refer them to the Hon. John Breckenridge, the Hon. Matthew Walton, Esqrs. now in Congress, at the city of Washington, or to Gen. John Preston of Montgomery county, and Col. James Breckenridge of Botetourt county, Virginia, as to the confidence which may be reposed in him.
NATHANIEL HART.
N. B. The postage on all letters directed to me on the above business must be paid. December 15, 1804. (eS1May.)
FOR SALE,
By WILLIAM ROSS, AT THE EAGLE TAVERN: EIGHTY-four yards Fancy, Toilonet, Cassimere and Swardford Westcoating, 2 cases Britannias, 1 bale Ticklenburgs, 8 cases and trunks Chintzes and Calicoes, 1 case Cotton Shawls and Pocket Handks. 1 do. India Sattins, assorted colours, 1 bale Gurrah Mullins, 2 do. Bafta do. 3 do. Coffa do. 1 do. Jaannah Mamoody do. 1 do. do. Samiah do. 60 boxes Spanish Segars, 20 do. containing sets of Tea China, 61 pieces each, 5 do. assorted ditto, 80ream Medium Vellum Printing Paper, 6 do. Foolscap Writing ditto. N. B. Crop Tobacco, Flour, or Flax-Seed, will be taken in payment as cash. January 11. (2awtf)
ENOCH SULLIVAN, JEWELLER & HAIR-WORKER, (First door below the Eagle Tavern.)
BEGS leave to inform the public that he has for Sale, A FASHIONABLE ASSORTMENT OF JEWELRY & SILVER WARE; Also, A HANDSOME SUPPLY OF LADIES ELEGANT COMBS, POCKET BOOKS, &c. Dec. 8. ep tf.
CASH
WILL be given for 12 or 15 BOYS, from 7 to 15 years old. Enquire of the Printers. Dec. 15. [ep tf.]
NOTICE IS HEREBY GIVEN TO THE DEBTORS OF ROSS & FORD, THAT in compliance with my duty as assignee I shall commence suits indiscriminately against all those who do not come forward and give assurances when payment may be expected. NEIL M'COULL. December 22. (f.)
IRISH LINENS & 5-4 IRISH SHEETINGS THE SUBSCRIBERS have just received from Belfast a handsome assortment of 7-9th & 4-4th IRISH LINENS, and 5-4th IRISH SHEETINGS, which they will sell on moderate terms. ELLIS & ALLEN. December 20. [sp 4w.]
TO PRINTERS.
HENRY OURAM—PRESS-MAKER, South-east corner of Prune and Sixth-Streets: R ESPECTFULLY informs the trade, that he undertakes to supply Printing-Offices with every thing in his line, having a complete Printer's FOUNDRY, constantly employed in making the good part of Presses, Furniture, Rules, &c. &c. Closes of all sizes, Composing Sticks, Brass & Wood Galleys, &c. &c. constantly on hand, or made to order with dispatch and neatness. Orders from any part of the Continent attended to. Philad. Jan. 5. ep3m.
25 Shares in the Virginia Bank WANTED IMMEDIATELY: for which a liberal price will be given. THOMAS NORVELL. Jan. 8. tf
TO BE SOLD.
For ready money, pursuant to a decree of the Federal Circuit Court, for the district of Virginia in a suit between Phineas Bond, Attorney for the creditors of Ezekiel Edwards Plaintiff, and David Ross and others defendants.
TWO undivided parts, out of three, of forty-two acres of LAND, in the county of Henrico, upon Four-Mile Creek, with the Mills and Houses thereon, known by the name of the Norwich Mills, ALSO—a Tract or Parcel of LAND, situate in the county of Henrico, about seven miles below the City of Richmond, commonly called and known by the name of the Seven Pines, thought to contain one thousand acres, but Mr. Ross undertakes, that an accurate survey and plot shall be produced on the day of sale.
The Sale will positively take place at the Eagle Tavern in the City of Richmond on Thursday the 21st day of February next.
BEN. MOSBY, D. M. for JOSEPH SCOTT, M. V. D. (tds.) Jan. 8.
At the same time and place, I will dispose of the other undivided third part of the said Norwich Mills and will also dispose of a valuable tract of LAND adjoining thereto, which contains about five hundred acres, with various improvements.—The whole is a valuable estate.—Mr. Hooten will show the Mills and the land. The terms of payment for the said land and the other third part of the Mills will be half ready money, and twelve months credit for the other half.
DAVID ROSS.
NOTICE.
ALL persons indebted to the late firm of BUCHANAN, DUNLOP & CO. of Petersburg, ROBERT POLLOK & CO. of Richmond, and DUNLOP, POLLOK & CO. of Manchester, are hereby notified, that James Dunlop, late a partner in the above concerns, has become purchaser of the outstanding debt:—they will therefore be pleased to make payment to Mr. John Tompkins residing in Richmond, or the subscriber residing in Petersburg, who alone are authorized to make collections and grant discharges.—Suits will be indiscriminately commenced against all who do not make payment before the first of February next.
JOHN DUNLOP, Attorney For JAMES DUNLOP. Petersburg, Nov. 15, 1804. ep tf.
J. TOMPKINS
RESPECTFULLY informs those concerned, that he has removed the books and papers of the late concern of Robert Pollok & Co. and Dunlop, Pollok & Co. to a new Brick House near the Basin, and directly opposite to the Scale-House. Where he has for sale, a few pipes of OLD COGNAC BRANDY, of superior quality. December 11.
NOTICE.
WE the undersigned, partners in the late concerns of BUCHANAN, DUNLOP, & Co. at Petersburg, of ROBERT POLLOK, & Co. at Richmond, and of DUNLOP, POLLOK, & Co. at Manchester, have sold to Mr. James Dunlop, our late partner in said concerns, the debts now due to us, and outstanding at these different establishments.—Those indebted will therefore please to take notice, that hereafter payments are to be made only to the said Mr. James Dunlop, his attorney or attorneys, and to whom those having claims against these concerns will apply for payment.
DAVID BUCHANAN, By ROBERT POLLOK, his Attorney. ROBERT POLLOK. Virginia, Petersburg, Dec. 6, 1804. (ep3m)
ADVERTISEMENT.
THE subscriber has leased the Tenement lately occupied by Charles Cox on Shockoe Hill near Mr. Southgate's store, and fronting the Capitol square, for a term of years, which is a commodious house, with several rooms for the accommodation of boarders; he wishes to take ten or twelve, who will be entertained handsomely. Young gentlemen who are acquiring education with Mr. J. Ogilvie, or studying law, will find this a very convenient place, being situated near the most eminent attorney's in the city, also near to the academy.—I am to have possession the 10th inst. This is a beautiful and healthy situation, and the terms will be reasonable, with every exertion in my power to give satisfaction. JOHN MOODY. January 8. (515.)
FOR SALE—at Rocketts.
THE LOT, and two story BRICK HOUSE, containing three tenements, which the subscriber purchased at the sale of George Nicholson, deceased. The lot is well situated for a warehouse, and the brick building for a bake-house, lumber-house, or Tobacco Factory. JOHN ELLIS. November 14. if
A TRACT OF LAND.
By virtue of a Deed of Trust, executed to the subscriber, will be sold to the highest bidder, for ready money, on the 14th day of January next, at Buckingham Court-House, being court day.
A CERTAIN Tract or Parcel of Land, lying in said county, containing one thousand acres, more or less; bounded by the lands of Michael Jones, Jeffrey Smith, Richard Gilliam and others, and lying on the Pickinham road—to secure the payment of a certain sum of money therein mentioned, due from John Miller, to Willis Willis, and the expenses attending the execution of this trust.
GEORGE S. HARE, Trustee. Buckingham, Dec. 8. [eS 6t.]
BOARD, WASHING & MENDING,
FOR £. 26 PER ANNUM.
THE subscriber has removed to the city of Richmond, for the purpose of receiving boarders. He has rented a large and commodious Brick-House, about two hundred yards from J. Ogilvie's academy. He is particularly desirous of receiving as boarders, young gentlemen from the country, who propose to become students in this school during the present year. He will Board, Wash and Mend for thirty-six pounds per annum. He will be prepared to receive from fifteen to twenty boarders. He can accommodate ten or twelve with chambers and bedding, on terms which will be made known to applicants. J. RAWLINS, junr. Richmond, January 1.
NEAL NELSON,
BOOT & SHOE MANUFACTURER,
MAIN-STREET, RICHMOND,
MAKES Boots & Shoes to any pattern or fashion, equal in point of MATERIALS and WORKMANSHIP to any in general use. Imported Boots and Shoes, of the first quality and newest fashion, for sale. Gentlemen at a distance, who are disposed to forward me their measure, by paying attention to the annexed cut, can be fitted with Boots or Shoes as well as if they were on the spot. A—the length of the Boot. B—the pitch of ditto. C—round the heel and instep. E—round the instep. G—across the ball of the foot. F—the heel against a perpendicular, and stick a knife at the end of the great toe—set down in figures the number of inches and quarters, in the different measures. June 30. ep3m.
WASHINGTON TAVERN.
THE subscriber has taken a lease of this tenement for a number of years, and has put it in a state of repair which renders it not inferior to any in this City. Besides the Tavern he has detached buildings, well calculated to accommodate those who are anxious of greater privacy than a tavern usually affords. These tenements adjoin the public square, and are within two hundred yards of the Capitol. They have decided advantages over any other houses in this City, with respect to pure air and excellent water. He has good stables and a constant supply of the best FORAGE. He extends his services to his friends and the public, and assures them, that no unlawful gaming, nor any other practice which might, in any degree, have a tendency to disturb the peace of his house, will ever be permitted. EDWARD HALLAM. Richmond, September 26.
CHOICE LANDS—FOR SALE.
A DIVISION of the famous Saura Town Lands having taken place between the heirs of James Park Farley, Esq. dec'd. and Col. John S. Farley and his sister Mrs. Elizabeth Morison, the subscribers, Robert Taylor of Norfolk, and Charles Duncan at Rossin, near Petersburg, are fully empowered by the said Col. Farley and Mrs. Morison, to dispose of their proportion, containing 12,832 acres, which are surveyed and laid off in eight lots, containing from 500 to 2800 acres, agreeable to plots in the possession of the said Duncan. The four largest lots are of excellent quality, each containing a considerable proportion of the richest low grounds, which produce tobacco of the very first quality, as has been experienced by one of the subscribers, who shipped it for a number of years.
Those lands lie on Dan and Smith's rivers, in Rockingham county, on the borders of North Carolina, about 170 miles from Petersburg and Richmond. As there are seldom such lands for sale, they must be an object to those who want to purchase such as will produce fine tobacco, hemp and small grain. One third of the price must be paid in ready money, one third in twelve months, and the other third in two years, the purchaser giving bond with unexceptionable security bearing interest from the date if not punctually paid. Those who wish to purchase will be shown the lands by Doctor John C. Cox, living at Leekville, near Rockingham Court-House, and the terms made known by
ROBERT TAYLOR, or CHARLES DUNCAN. Petersburg, Nov. 24. ep tf.
THIS DAY IS PUBLISHED, AND FOR SALE AT RITCHIE & WORSELY'S BOOK-STORE:
The RAINBOW, SERIES FIRST; Originally Published in the RICHMOND ENQUIRER
A N association was formed during the last summer, by a few gentlemen, of whom some are now, and others have been, inhabitants of this city, for the purpose of composing a series of Miscellaneous Essays for the Richmond ENQUIRER. These Essays were regularly published every Saturday, during the months of August, September, and October. The first number appeared on the 14th of August, and the last on the 20th of October. These numbers, taken together in the order in which they were published, will constitute the first series of the RAINBOW: and it is this first series which is now presented by the proprietors of the Enquirer to the amateurs of Literature, and to its patrons in Virginia. The second series will probably be communicated to the public in the present form, as soon as it shall be completed by the members of the association. Richmond, Dec. 11th, 1804.
BROKER'S OFFICE.
THE Subscriber has opened a Broker's Office, opposite the Union Tavern, and over the Counting-house of Thomas and Amos Ladd. All business confided to him, will be transacted with fidelity. THOMAS NORVELL. October 3. if
BOOKS.
Just received at the Office of the Enquirer, a small assortment of BOOKS (of elegant London editions) which will be sold at the Philadelphia prices. Among them are:
Table with 2 columns: Book Title, Price. Includes: Anacharsis's Travels, 8 00; Tucker's Life of Catherine 2nd in 2 vols. 6 00; History of Catherine 2nd Empress of Russia, 2 75; Historical and Philosophical Memoirs of Pius 6th from the French, 5 00; Memoirs of the house of Medici from the French of Mr. Tenhove, 12 00; The Life of Lorenzo de Medici, called the Magnificent, by Roscoe, 9 00; Kippis's Life of Capt. Cook, elegant 4 to 6 00; Modern Traveller; containing the compressed travels of Mungo Park, Ledyard, Lucas, Sonnini, Browne, Savary, Volney, and Le Vaillant, in Africa; 4 80; Stavorinus's Voyages to the E. Indies, with Maps, in 3 vols. 8 00; 7 50; Mearns's Travels from China to the N. W. of America, with plates, in 2 vols. 8 00; 4 60; Stolberg's Travels through Germany, Switzerland, Italy and Sicily, translated from the German by Holcroft, with plates, in 4 vols. 8 00; Spallanzani's Travels, with plates, in 4 vols. 8 75; De Non's Travels in Egypt in 2 vols. 5 00; Do. do. In Sicily and Malta, 2 25; Life and Adventures of Robinson Crusoe, printed by Stockdale, with superb plates, in 2 vols. 8 00; 6 40; Marmontel's Belarius, with plates 1 75; The Wanderer, or, original Tales and Essays, by Charles Fothergill, in 2 vols. 3 25; Frederic, from the French of Mr. Fivée, London 1802, in 3 vols. 3 00; Julia Mandeville in 2 vols. 1 50; The Farmer of Ingleswood Forest by Mrs. Helme in 4 vols. (a tale peculiarly calculated to instruct and warn the young Virginian.) 3 50; St. Leon, 4 vols. 4 00; Jacques Le Parasite et Son Maître, par Diderot, 2 vols. 9 00; Hull's Moral Tales, in Verse, 2 50; Poems by a Gentleman of Cornwall 2 vols. 2 50; Pleasures of Memory and Hope, 1 50; Caustic's Terrible Tractation, 1 00; Moore's Anacreon Bound, 3 00; Do. do. Half-bound, 2 50; Little's Poems, 1 50; Report of the trial of Lord Headfort; a case of Crim. Con. with a Speech of Mr. Curran, Esq. 0 50; Mavor's Natural History, 1 37 1/2; Do. Poetry, 1 37 1/2; Sheridan's and Henderson's practical method of reciting English Poetry, 1 00; Animal Biography, by Bingley, in 3 vols. 9 00; Sturm's Reflections with plates, in 3 vols. 3 25; British Synonymy, by Mrs. Piozzi, in 2 vols. 4 00; Cowan on Education, in 2 vols. A new Tract, in considerable repute, 2 50; Sacred Dramas, by Madame de Genlis, 1 75; The Principles of Asiatic Monarchies, by Paton, 1 37 1/2; Volney's view of the United States, in boards 2 00; Do. do. bound 2 50; Any one may procure a book from Philadelphia, by leaving his title and his name at the Office of the Enquirer.