Virginia Argus (Richmond, Va.), 1804-12-12 00:00:00

VIRGINIA ARGUS
[Vol. XII.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1112.]
RICHMOND:—PRINTED (ON WEDNESDAYS AND SATURDAYS) BY SAMUEL PLEASANTS, JUNIOR.
[Four Dollars Per Annum....paid in advance.]
WEDNESDAY, DECEMBER 12, 1804.
[12 1-2 Cents Single.]
Advertisements, not exceeding a square in length, are inserted in this paper for seven-five cents the first time; three dollars for three weeks (6 times); and for every additional insertion thirty-three cents. Long ones in the same proportion—unless a special contract be made by the year.
THE Subscribers having rented a convenient Lumber House on the Canal Basin, offer their services under the firm of
C & T. SAUNDERS,
To receive all kinds of produce on STORAGE, and to dispose of on COMMISSION, to which strict attention and punctuality will be given.
CHANCELLOR H. SAUNDERS, TARLETON SAUNDERS.
Richmond, 9th Oct. 1804. eo2m
W. WARDLAW,
Is now opening at his shop on the Main street in Richmond, opposite Mr. Taylor's Vendue Office, a large importation of
MEDICINES,
Received directly from London, also a general assortment of SURGEON'S INSTRUMENTS, SHOP FURNITURE, MEPHITIC AIR MACHINES, PATENT MEDICINES, &c. &c.
It is his intention to keep, at all times, a supply of Genuine Medicines, sufficient to answer the current demand; which will be sold low for cash or on the usual credit to those who will give him sufficient assurances of punctuality.
November 20th, 1804. wfr
NICHOLAS HALLAM,
Two doors above the Swan-Tavern, has just received from the Isle of Wight, and for sale on the most moderate terms,
Three thousand wt. of excellent BACON Hams, and Middlings, and a supply of choice new and old Northern CHEESE; Also, IRISH POTATOES.
Likewise, an assortment of well chosen
GROCERIES,
Consisting of Loaf & Brown Sugars; Coffee, Young Hyson and Imperial Tea; Chocolate, Rice, Indigo, Mace, Cloves, and other spices; Dry Sherry, Lisbon, and Malaga Wines; Cognac, Peach and Apple Brandy; Rum, Holland and Country Gin; Whiskey, Molasses, &c.; Crockery and Stone Ware, and a variety of other articles in the Grocery line. wfr
Doctor Wilson,
HAS taken (as a temporary residence) the house lately occupied by Doct. Adams, opposite the Bell-Tavern, and intends to combine the Apothecaries business with the practice of Physic. He is now opening a part, and expects by the next arrivals from Philadelphia, a fresh and very general assortment of
MEDICINES,
And other articles in the Apothecaries line, which will be sold on the lowest terms. Orders from the country, Recipes, &c. will be carefully attended to. Richmond, 28th June, 1804. wfm
On the 22nd day of September next, will be SOLD, at Dismal Swamp, to the highest bidder, for ready money.
A TRACT OF LAND
Containing about 425 acres, lies partly in New-Kent and partly in James City county, on each side of Dismal creek, and extending below the bridge, whereon Lewis A. Pugh, esq. formerly resided. The dwelling house thereon is a large, new and commodious one; the store house, granary and various other houses are all in good order. The quality of the soil is such as is usually found on Chickahominy, and both a raven and a snipe, it is believed, may be kept there to advantage. This valuable property is to be sold at the request of John L. Dismore, esq. under a deed of trust made to the undersigned by Lewis A. Pugh, esq. to secure the payment of £500, with interest in the said Dismore—the deed is recorded in the General Court. In the same deed a moiety of a LOT in Richmond is mentioned belonging to Mrs. Pugh, but as she did not execute the deed, that will not be offered for sale, and I should like to know her hand, and if she will be entitled to a dower in the said tract of land, whereon it was deemed necessary to appraise those who might be induced to purchase. The sale will take place at one o'clock, or thereabout.
CHAMPION TRAVIS,
JAMES SEMPLE.
Williamsburg, Aug. 6, 1804. The sale of the above property is POSTPONED till the 28th December next, when it will take place at Dismal Swamp. C. Travis. J. Semple. December 3, 1804.
SALES BY AUCTION.
WILL BE SOLD by the subscribers, at the late dwelling house of D. M. Randolph, Esq. on Friday the 14th inst. a variety of Household and Kitchen FURNITURE; among which are, some fashionable and substantial Plate, lately imported; mahogany tables, side board and basin stands of superior quality; a well assorted collection of the most useful kitchen furniture; a large superb carpet and a very superior time piece; sets and parts of sets of table and tea china, &c. &c. &c.
Terms of sale.—Cash for all sums of 50 dollars and under; over that sum, a credit of 60 and 120 days will be given. The sale will commence at 12 o'clock. In the mean time, ladies and gentlemen are respectfully invited to view the articles; in expectation of which, attendance by the proprietor will be given every morning until 11 o'clock.
THOMAS TAYLOR & Co.
Auctioneers.
Dec. 5, 1804. id4
Just Received at this Office,
THE
Literary Magazine,
For OCTOBER, 1804.
383
Congressional Register.
HOUSE OF REPRESENTATIVES.
Friday, November 30, 1804.
The committee to whom was referred, on the sixth instant, the report of a select committee appointed on the thirteenth of March last, "to present and report articles of impeachment against Samuel Chase, one of the associate justices of the Supreme Court of the United States," submit to the House the following
REPORT:
Articles exhibited by the House of Representatives of the United States, in the name of themselves and of all the people of the United States, against Samuel Chase, one of the associate justices of the supreme court of the United States, in maintenance and support of their impeachment against him, for high crimes and misdemeanors.
ARTICLE I.
That, mindful of the solemn duties of his office, and contrary to the sacred obligation by which he stood, bound to discharge them "faithfully and impartially, and without respect to persons," the said Samuel Chase, on the trial of John Fries, charged with treason, before the circuit court of the United States, held, for the district of Pennsylvania, in the city of Philadelphia, during the months of April and May, one thousand eight hundred, whereat the said Samuel Chase presided, did, in his judicial capacity, conduct himself in a manner highly arbitrary, oppressive and unjust, viz:—
1. In delivering an opinion, in writing, on the question of law, on the construction of which the defence of the accused materially depended, tending to prejudice the minds of the jury against the case of the said John Fries, the prisoner, before counsel had been heard in his defence:
2. In restricting the counsel for the said Fries from recurring to such English authorities as they believed apposite, or from citing certain statutes of the United States, which they deemed illustrative of the positions, upon which they intended to rest the defence of their client:
3. In depriving the prisoner from his constitutional privilege of addressing the jury (through his counsel) on the law, as well as on the fact, which was to determine his guilt, or innocence, and at the same time endeavouring to wrest from the jury their indisputable right to hear argument, and determine upon the question of law, as well as the question of fact, involved in the verdict which they were required to give:
In consequence of which irregular conduct of the said Samuel Chase, as dangerous to our liberties, as it is novel to our laws and usages, the said John Fries was deprived of the right, secured to him by the eighth article amendatory of the constitution, and was condemned to death without having been heard by counsel, in his defence, to the disgrace of the character of the American Bench, in manifest violation of law and justice, and in open contempt of the rights of juries, on which, ultimately, rest the liberty and safety of the American people.
ARTICLE II.
That, prompted by a similar spirit of persecution and injustice, at a circuit court of the United States, held at Richmond, in the month of May, one thousand eight hundred, for the district of Virginia, whereat the said Samuel Chase presided, and before which a certain James Thompson Callender was arraigned for a libel on John Adams, then president of the United States, the said Samuel Chase, with intent to oppress, and procure the conviction of the said Callender, did overrule the objection of John Basset, one of the jury, who wished to be excused from serving on the said trial, because he had made up his mind, as to the publication from which the words, charged to be libelous, in the indictment, were extracted; and the said Basset was accordingly sworn, and did serve on the said jury, by whose verdict the prisoner was subsequently convicted.
ARTICLE III.
That, with intent to oppress and procure the conviction of the prisoner, the evidence of John Taylor, a material witness on behalf of the aforesaid Callender, was not permitted by the said Samuel Chase to be given in, on pretence that the said witness could not prove the truth of the whole of one of the charges, contained in the indictment, although the said charge embraced more than one fact.
ARTICLE IV.
That the conduct of the said Samuel Chase was marked, during the whole course of the said trial, by manifest injustice, partiality and intemperance; viz:
1. In compelling the prisoner's counsel to reduce to writing, and submit to the inspection of the court, for their admission, or rejection, all questions which the said counsel meant to propound to the above named John Taylor, the witness.
2. In refusing to postpone the trial, although an affidavit was regularly filed, stating the absence of material witnesses on behalf of the accused; and although it was manifest, that, with the utmost diligence, the attendance of such witnesses could not have been procured, at that term.
3. In the use of unusual, rude, and contemptuous expressions towards the prisoner's counsel; and in falsely insinuating that they wished to excite the public fears and indignation and produce that insubordination to law, to which the conduct of the judge did, at the same time, manifestly tend:
4. In repeated and vexatious interruptions of the said counsel, on the part of the said judge, which, at length, induced them to abandon their cause and their client, who was thereupon convicted and condemned to fine and imprisonment:
5. In an indecent solicitude, manifested by the said Samuel Chase, for the conviction of the accused, unbecoming even a public prosecutor, but highly disgraceful to the character of a judge as it was subservive of justice.
ARTICLE V.
And whereas it is provided by the act of Congress passed on the 24th day of September, 1789, intitled "An act to establish the judicial courts of the United States," that for any crime, or offence, against the United States, the offender may be arrested, imprisoned, or bailed, agreeably to the usual mode of process in the state where such offender may be found; and whereas it is provided by the laws of Virginia, that upon presentment by any grand jury of an offence not capital, the court shall order the clerk to issue a summons against the person, or persons offending, to appear and answer such presentment at the next court: yet, the said Samuel Chase did, at the court aforesaid, award a capias against the body of the said James Thompson Callender, indicted for an offence not capital, whereupon the said Callender was arrested and committed to close custody, contrary to law in that case made and provided.
ARTICLE VI.
And whereas it is provided by the 54th section of the aforesaid act, intitled "An act to establish the judicial courts of the United States," that the laws of the several states, except where the constitution, treaties, or statutes of the United States shall otherwise require, or provide, shall be regarded as the rules of decision in trials at common law, in the courts of the United States, in cases where they apply; and whereas by the laws of Virginia it is provided, that in cases not capital, the offender shall not be held to answer any presentment of a grand jury until the court next succeeding that during which such presentment shall have been made, yet the said Samuel Chase, with intent to oppress and procure the conviction of the said James Thompson Callender, did, at the court aforesaid, rule and adjudge the said Callender to trial during the term at which he, the said Callender, was presented and indicted, contrary to law in that case made and provided.
ARTICLE VII.
That, at a circuit court of the United States, for the district of Delaware, held at New-Castle, in the month of June, one thousand eight hundred, whereat the said Samuel Chase presided, the said Samuel Chase, disregarding the duties of his office, did descend from the dignity of a judge and stoop to the level of an informer, by refusing to discharge the grand jury, although entreated by several of the said jury so to do; and after the said grand jury had regularly declared through their foreman, that they had found no bills of indictment, nor had any presentments to make, by observing to the said grand jury, that he, the said Samuel Chase, understood "that a highly sedition temper had manifested itself in the state of Delaware among a certain class of people, particularly in New-Castle county, and more especially in the town of Wilmington, where lives a most seditious printer, unrestrained by any principle of virtue, and regardless of any social order—that the name of this printer was"—but checking himself, as if sensible of the indecorum which he was committing, added, "that it might be assuming too much to mention the name of this person, but it becomes your duty, gentlemen, to enquire diligently into this matter," or words to that effect: and that with intention to procure the prosecution of the printer in question, the said Samuel Chase did, moreover, authoritatively enjoin on the district attorney of the United States the necessity of procuring a file of the papers to which he alluded, (and which were understood to be those published under the title of "Mirror of the Times" and General Advertiser,) and, by a strict examination of them to find some passage which might furnish the ground work of a prosecution against the printer of the said paper: thereby degrading his high judicial functions, and tending to impair the public confidence in, and respect
for, the tribunals of justice, so essential to the general welfare.
ARTICLE VIII.
And whereas mutual respect and confidence between the government of the United States and those of the individual states, and between the people and those governments, respectively, are highly conducive to that public harmony, without which there can be no public happiness, yet the said Samuel Chase, disregarding the duties and dignity of his judicial character, did, at a circuit court, for the district of Maryland, held at Baltimore, in the month of May, one thousand eight hundred and three, pervert his official right and duty to address the grand jury, then and there assembled, on the matters coming within the province of the said jury, for the purpose of delivering to the said grand jury an intemperate and inflammatory political harangue, with intent to excite the fears and resentment of the said grand jury, and of the good people of Maryland against their state government, and constitution, a conduct highly censurable in any, but particularly indecent and unbecoming in a judge of the supreme court of the United States: and moreover that the said Samuel Chase, then and there, under pretence of exercising his judicial right to address the said grand jury, as aforesaid, did, in a manner highly unwarrantable, endeavour to excite the odium of the said grand jury, and of the good people of Maryland against the government of the United States, by delivering opinions, which, even if the judicial authority were competent to their expression, on a suitable occasion and in a proper manner, were at that time and as delivered by him, highly indecent, extra judicial and tending to prostitute the high judicial character with which he was invested to the low purpose of an electioneering partisan.
And the house of Representatives, by protestation, saving to themselves the liberty of exhibiting, at any time hereafter, any farther articles, or other accusations or impeachment, against the said Samuel Chase, and also of replying to his answers which he shall make unto the said articles, or any of them, and of offering proof to all and every the aforesaid articles, and to all and every other articles, impeachment, or accusation, which shall be exhibited by them, as the case shall require, do demand that the said Samuel Chase may be put to answer the said crimes and misdemeanors, and that such proceedings, examinations, trials and judgments may be thereupon had and given, as are agreeable to law and justice.
Monday, December 3.
Mr. J. Randolph, after the minutes of Friday were read, said he perceived that certain persons having claims against the United States, had obtained an order of the house for a reference of their claims to a select committee, he was not then in the house, and not being acquainted with the petitioners, and not knowing who were on the committee the motion he was about to make could not be attributed to personal motives, but to a respect for regularity, in the proceedings of the house; he wished when the house had standing committees the members of which from frequent investigation were more minutely acquainted with the detail than others, that all subjects relative thereto should be sent before them rather than to select committees. For these considerations he moved to refer the petition, memorial or remonstrance, or whatever it was denominated, from certain agents of Yazoo claimants to the committee of claims, and that the committee be directed for enquiring thereinto be discharged.
Mr. Nicholson, informing Mr. J. Randolph that another petition on the same subject had been referred the preceding day to the same committee he asked if the gentleman had not better include both in his motion.
Mr. J. Randolph incorporated the suggestion of his friend in his motion. And on the question there was 55 yeas and 27 nays—of course all controversies relating to the Yazoo claims go to that committee.
Some papers from Pennsylvania relative to the election of John Hoge were sent to the committee of elections without being read.
Mr. Nicholson presented a memorial from the inhabitants of Louisiana, said to be signed by 2000 heads of families, which takes a view of the laws of the United States, for their territorial government. He observed that three gentlemen appointed from that country had requested him to state that the copy which appeared in our papers in the course of the last summer was by no means authentic, many expressions as well as ideas in that do not appear in this, and there are expressions and ideas used in this that are not to be found in that. The translation that accompanied the French original though correct, may contain expressions the house will have to pardon, ascribing them to the feelings of inhabitants so peculiarly situated,
and not to any want of respect for the government of the Union; they labored under an idea that their morals, manners and customs, had been misunderstood, and consequently complained of and that the law of last session was passed by congress under those mistaken impressions. They therefore pray an alteration of the law so far as to allow them to be their own legislators, not dividing the territory into two governments and not prohibiting the importation of Slaves.
Mr. Nicholson moved, after the memorial was read, to refer it to the committee appointed on that part of the President's speech which relates to the amelioration of the government of Louisiana, and it was referred accordingly.
Mr. Nicholson presented the petition of John B. Walbach, Aide-de-camp to Gen. Wilkinson, and Lieutenant in the army of the United States, praying to be allowed for certain extra services in attending treaties, made with the Cherokee, Chickasaw, Choctaw & Creek nations of Indians, as well as for the loss of a very valuable horse in the enterprise.
A message was brought from the senate by Mr. Otis, announcing that they had concurred in the bill making further appropriation for the contingent fund of congress.
Mr. Nicholson said that the petition he had just presented contained an enumeration of certain facts, which might be further authenticated by a reference to the Secretary of War, who was possessed of full information on all subjects of military service; he therefore moved such reference in the first instance, and when that report should reach the house, he would move to refer the whole to the committee of claims.
The engrossed bill allowing drawback on certain goods exported from New Orleans was read the third time and passed.
Mr. Rodney from the committee on the subject asked and obtained leave to report a bill for establishing a court for the adjudication of prizes taken from Tripolitans, in any country in Europe at war with that power. Referred to the committee of the whole to-morrow.
A petition was presented but not read; it was stated by the member presenting it that the petitioner had been obliged to pay duties which the law did not require, and he thereupon requests the interference of congress to reimburse the same—Referred to the committee of commerce and manufactures.
On motion of Mr. J. Randolph the house resolved itself into a committee of the whole on the report of the select committee on the impeachment of SAMUEL CHASE, an associate Judge of the Supreme Court of the United States.
Gen. VARNUM in the chair.
The committee agreed to the eight articles with a small amendment to the first, and another to the fourth.
They reported the same and the house adjourned.
The report on this subject will be given at length as soon as transcribed for the press.
Tuesday, December 4.
Mr. Wilson elected in the stead of Mr. Moore, who has been appointed a member of the Senate of the United States, appeared and being sworn to support the constitution took his seat.
Mr. J. C. Smith presented the petition of Sally Rust of Kent in Connecticut, the only child of an old soldier, who was drowned the last year of our revolutionary war, praying to be allowed the lands due to him. Referred to the committee of claims.
A petition from the directors and agents of the Ohio company, praying permission to lease certain lots reserved within their purchase for the support of schools and religious purposes, &c. Referred to a committee of five members.
Mr. M. Clay reported a new bill respecting the marine insurance company of Alexandria, granting the power to insure against fire. The same was twice read and referred to a committee of the whole to-morrow.
Mr. Crowningheld reported from the committee of commerce and manufactures on the petitions of the library company of Philadelphia and the trustees of Princeton college for the remission of duties on certain books imported—That they have leave to withdraw their respective petitions. And on motion the house agreed to the report.
The petition of captain Peter Landais, commander of the Alliance frigate during part of the revolutionary war, praying an allowance for prize money due to him from that period. Referred to the committee of claims.
Mr. Clarke reported from the committee appointed on that subject that further time should be allowed to the claimants of lands in Georgia, South of Tennessee for registering their titles in the office of the Secretary of State—Referred to a committee of the whole on Thursday next.

The house then resumed the unfinished business of yesterday in relation to the impeachment of Judge Chase.
They refused to concur in the amendments made yesterday in committee of the whole—so that the articles remain in the same form as reported by the select committee.
The report was taken up article by article.
Mr. Nicholson called the yeas and nays, and was supported by the constitutional number.
The question on agreeing to the first article was accordingly taken by yeas and nays, and there appeared to be 85 in the affirmative, and 34 in the negative.
The second article was also agreed to, yeas 83, nays 35.
The third article was agreed to, there being yeas 54, nays 34.
The fourth article being under consideration Mr. Elmer moved to amend the same by striking out the third and fourth sections thereof.
The amendment was not carried.
On the question to agree to the fourth article Mr. Lyon was excused from voting, not having been in the house when the question was put. The yeas were 84, nays 34, of course the article was carried.
The fifth article was read and some objection being taken to the same, after a short discussion it was agreed to, yeas 72, nays 45.
The sixth article was also objected to, but past, the yeas being 73, nays 42.
The seventh article was agreed to, yeas 73, nays 43.
The 8th article being before the house, a division of the question was called for, and on the first paragraph the yeas were 74, nays 39. It was agreed to.
On the second being also the last paragraph, the yeas were 78, the nays 32 and it was also agreed to.
A question on agreeing to the whole articles was carried without a division.
Mr. Nicholson moved the appointment of members by ballot for conducting the impeachment on the part of the house; but the house adjourned without coming to a decision.
Wednesday, December 5.
The articles of impeachment against Judge Chase were brought in enrolled.
Mr. Crowingsfield from the committee of commerce and manufactures, stated the necessity of making some provision for carrying into execution the 10th article of the Spanish treaty, which related to vessels forced into the ports of the United States by stress of weather, providing for the remission of duties upon their entry and that they may re-load their cargoes on other bottoms to foreign ports without being subjected to duties; whereupon it was ordered that the committee have leave to report a bill upon this subject.
The house resumed the unfinished business of yesterday, viz. the appointment of managers to conduct the impeachment of Samuel Chase, one of the associate justices of the United States, and having directed that the number should consist of seven the house proceeded to ballot for the same and upon examining the ballots the following six members were elected, having a majority of the whole number of votes, viz.
Mr. J. Randolph, Mr. Rodney, Mr. Nicholson, Mr. Early, Mr. Boyle and Mr. Nelson.
The house then proceeded to ballot for the seventh manager, and it appearing that Mr. G. W. Campbell had the plurality of votes given in, but not a majority,
Mr. Speaker, supposing that the rule of the house in the case of committees chosen by ballot was applicable to that of managers, declared Mr. G. W. Campbell duly chosen.
A conversation arose respecting the precedents on this subject, in which it was apparent that on all former occasions a majority of the votes had been given in favor of each manager; but this appeared in the instance of the impeachment of Judge Pickering rather from the recollection of gentlemen who spoke on the subject than from the Journal. Mr. Speaker had not recollected how the election was conducted, but he should not regret an appeal to the house on his decision.
Mr. J. Randolph, impressed with respect to the sentiments of the understanding and integrity of the Speaker, would be the last man to appeal from his decision, but for the purpose of preventing what either had heretofore taken place, in cases of such decisions involving the house or individual members in very unpleasant situations, he would move an appeal to the house from the decision of the chair.
The question was immediately taken, and twenty-five voted in favor of the Speaker's decision, fifty voted against it, of consequence the decision was reversed.
And the house proceeded to ballot a third time, but no member had a majority.
At a fourth ballot the result was the same.
On the fifth ballot Mr. G. W. Campbell had a majority, and was declared to be duly elected.
On motion of Mr. Nicholson it was Resolved, That the articles agreed to by this house to be exhibited in the name of themselves and all the people of the United States, against Samuel Chase in maintenance of their impeachment against him for high crimes and misdemeanors be carried to the Senate by the managers appointed to conduct the said impeachment.
It was also resolved, That a message be sent to the Senate to inform them that
this house have appointed managers to conduct the impeachment against Samuel Chase and have directed the said managers to carry to the Senate the articles agreed upon by the house to be exhibited in maintenance of their impeachment against the said Samuel Chase. And that the Clerk do go with the said message.
Thursday December 6.
Mr. Speaker laid before the house a letter from the Governor of Virginia, inclosing documents relative to the election of Alexander Wilson to a seat in the house—Referred to the committee of elections.
Mr. J. Clay presented the petition of Stephen Kingston, praying he may receive the drawback on goods shipped from Philadelphia, but which were not put on board the George Washington until she had passed the Delaware line in the year 1801.
Referred to the committee of commerce and manufactures, to enquire into the claims barred by the statute of limitation.
Mr. Claiborne from the committee appointed, presented a bill making further provision for the payment of the debts due by the United States—Referred to the committee of the whole on Monday next.
Mr. Nelson from the committee appointed on S. Carson's petition reported in favor of allowing his application, and recommended that a bill be brought in for that purpose—Referred to the same committee.
A message from the President informed that he had approved and signed the bill making further appropriation for the contingent fund, and made them also a communication in writing, inclosing the report of the superintendent of the public buildings at Washington.
The house went into committee of the whole on the bill for preserving peace in our ports and harbours and waters under the United States jurisdiction.
Mr. Dawson in the chair.
After some time spent in debating and amending the same the committee rose, reported progress, and obtained leave to sit again.
WASHINGTON CITY, Dec. 7.
We have been favored with the following extracts of letters, received from respectable sources, relating to the appearance of a New Prophet in the kingdom of Algiers.
Algiers, June 27.
This day the Dey [of Algiers] sent out two schooners and two gun boats to search for a Moor, who styles himself a Marabout, or Holy man, who has collected a number of persons about him, to join him, and has taken fifty four Frenchmen, who were fishing for coral near Calle, and carried them into captivity. He is declared a rebel by the Dey, and the French commissary general here has made a strong remonstrance, and demanded the men of the Dey.
Algiers, July 16.
A report prevails that the Marabout who had taken the Frenchmen (at Constantine) had compelled them to become Mahomedans, and that he had attacked the city of Constantine with 30,000 Carabes; but had been repulsed with great loss; and that the Dey had sent in cash, 10,000 Marboors to Constantine, and a promise to relieve the country from taxes for four years.
Tunis, August 7.
The New Prophet has occasioned much disorder in different parts of Algiers; he made but a short stay in Constantine; but per Sily stripped that place; taking with him arms, ammunition, Clothing, horses and a vast number of cattle; retiring a gain to the mountains. I learn that his army at this moment consists of one hundred and eighty thousand men, and is daily encreasing; all communication between this and Algiers is stopped.
NORFOLK, December 6.
Late European News,
By the new and fast sailing ship Thomas Wilson, captain Tompkins, arrived in this port from LONDON:—
LONDON, October 18.
Advices were received this day, stating, that on the 5th instant a squadron of his majesty's frigates, consisting of the Indefatigable, the Medusa, the Amphion, and the Lively, fell in with four Spanish frigates, off St. Mary's, from Rio de la Plata, bound for Cadiz, and loaded with treasure. As they resisted the orders which our frigates were under, for detaining all Spanish ships of war, till a satisfactory explanation had been given in regard to the present armaments in the ports of Spain, an engagement took place, in which after a few broadsides, one of the Spanish frigates blew up, another with a Rear Admiral's flag struck. Immediately after the third also struck, and the fourth, in endeavoring to make her escape, was overtaken by the Lively, and, after a short action, struck to her. She proved to be the Fama, of 31 guns and 200 men, had 12 killed and 30 wounded. She was commanded by a commodore.
The lively arrived yesterday evening at Portsmouth, with La Fama; the other two, La Medea and La Clara, are hourly expected. The treasure on board is estimated at 20,000,000 of dollars.
Captain Moore, of the Indefatigable, was the commanding officer on this occasion.
The whole of the crew in the Spanish frigate that was blown up, amounting to
about 500 men, we are sorry to say perished.
The affairs of Spain, with regard to this country must soon take a decided turn. What the exasperated emperor may now determine on is difficult to say, but he has certainly experienced a woful disappointment in losing the treasure which he has so long been expecting, and after the receipt of which he would in all probability have plunged the unfortunate country into all the miseries of war.—Notice of this important event was put up at Lloyd's.
M. D'Oubril, the Russian Charge de Affairs, has at length, it is stated, quitted the territories of France, after several conferences with Talleyrand. That the result of these conferences was not so pleasing as some of the Paris papers venture to assert, is evident from the departure of the Russian Minister, nor does it appear that his stay at Mentz was caused by any other circumstance than the capricious suspicion of the Corsican, who would not suffer him to depart until intelligence had been received of the French Legation having quitted Russia. The latter event has now taken place.
The captain of an American vessel which sailed from l'Orient on the 6th inst. states, that Gen. Angereau and Gantheaume are not upon the best terms; the former accusing the latter of cowardice. To reconcile these two commanders, Bonaparte had sent his aid de-camp, General Savary, to Brest where he still remained on the 31. with Arthur O'Connor, O'Neill, and several other Irish officers in the French service, all dissatisfied with the manner in which they are treated by Bonaparte and his commanders. The corps of Irish Guides encamped near Brest, according to the report of the American captain, consisted of 110 men, many of whom desired the American to procure them an opportunity to make their escape, as they were badly paid and ill used; and besides, if any attempt was to be made on England or Ireland, they knew that they were to be employed in the forlorn hope, as persons whom Bonaparte wished to get rid of. The division under Arthur O'Connor's command, consisted of some Irish, Brabanters, Flemings and Germans, from the conquered departments, amounting to 4000 men, all desperadoes, who were intended to form the advanced guard in any desperate undertaking. Ten thousand land troops were on board Gantheaume's squadron; but none of these were in the number, which led to a belief, that neither England nor Ireland was his destination.
LONDON, September 29.
We have authority to state that the Spanish Minister, his Excellency Le Chevalier D'Anduaga will grant passports to vessels loaded with grain for the ports of Spain, if the merchants should conceive such protections necessary for the security of their property at present, and we are desired to contradict the reports which have appeared in the newspapers contrary to this statement.
October 3.
The Lisbon packet which has been permitted to sail, carries out a messenger from this government, with dispatches to Mr. Frere, the secretary of legation, who remains at Madrid. These dispatches, it is understood, contain the points on which Mr. Frere is instructed to obtain a definitive answer from the Spanish government, and if it be not satisfactory, war will be immediately declared. A Spanish messenger likewise carries out dispatches from the Chevalier d'Anduaga to his court—The sailing of the Spanish and Portuguese convoy, however, is deferred. Spanish vessels now in our ports, however, are allowed to clear out.
Stocks have been on the decline for the last two days. The Omnium was yesterday morning 6 per cent. premium, and the 3 per cents. 57. The probability of an immediate war with Spain, and the rumor that measures will be taken by the French to cut off all communications between this country and Holland, are stated to be the principal causes of the depreciation.
DISPUTE WITH SPAIN.
We have received the following Letter from the Chairman of the Deputation of Spanish Merchants:—
SIR,
The substance and particulars of what passed at the interview which took place at Lord Harrowby's office, on Tuesday last, the 25th inst. between his Lordship and a committee of the Spanish merchants, who, by his desire, waited on him, having been very erroneously stated in the public newspapers, I have been desired by the gentlemen of that committee, to request you to insert in your paper, the sole communication his Lordship made on that occasion, which was in substance, as follows:—
"That his Lordship had desired to see us, in order to acquaint us, that his Majesty's Ministers had received intelligence, that considerable armaments were preparing in the ports of Spain, of which no explanation whatever had been received, nor did it appear likely that any satisfactory explanation could be given;—and his Lordship added, that he had thought it proper to communicate this information to us, in order that the merchants concerned in trade with Spain, might then act in their commercial concerns as they might judge expedient."
Lord Harrowby gave no further information than the above on the subject in question, either at the first meeting, or at the one of yesterday, which was con-
fined to a particular application from the merchants, for the convenience of trade.
I am, Sir, your very obt. servt.
JOHN TURNBULL.
Chairman of the merchants trading to Spain and the Mediterranean.
Guilford street, September 28, 1804.
To the Editor of the Morning Chronicle. From the above communication of Lord Harrowby, it appears that Ministers do not expect a very satisfactory answer from Spain, respecting the armaments in her ports, so that there seems little chance of avoiding a rupture.
October 5.
The Chevalier d'Anduaga, the Spanish Ambassador, has caused it to be notified to the English merchants trading to that country, that he will grant the same protection to vessels laden with fish, as have been granted to those with corn, for the ports of Spain.
It is said that passports were granted on Tuesday to the masters of the different Spanish vessels in the river, in order that they may proceed unopposed by any of our cruisers, to their respective destinations. Similar passports were dispatched at the same time, to all the out-ports, for any vessels which they may retain belonging to his Catholic Majesty.
October 6.
A letter from the Hague, dated the 26th ultimo, contains the following paragraph:—
"It is currently reported here, that the mission of M. Schimmelpennick to the Emperor of the French is of a most important nature, no less than a total revolution in the government of this country. The government of state is to be succeeded by one supreme head; but under what title is not known, and who that chief is to be, remains also a matter of doubt.—Some say it is to be the above Ambassador; others Citizen Valkenier; others a brother of the Emperor; and others a German Prince; but not the Prince of Orange. M. Schimmelpennick is said to be averse to accepting this high honor; at any rate he showed no alacrity in undertaking the mission: what the actual result of this interview will be, time must determine. Economy is said to be the leading object, as the Legislative Body is to be dissolved, and the Departmental Government to be diminished."
October 9.
Yesterday arrived a Hamburg mail, Paris papers to the 30th, and Dutch papers to the 3d. The news from the continent is not of much interest. Bonaparte has arrived at Mentz, where he has received the homage of several of the German Princes and Nobility. He is expected to remain here a fortnight. He is said to be frequently closeted with M. Talleyrand, and there is little doubt indeed that the state of Europe at the present moment occupies a considerable portion of his time and attention. When he knows that the Emperor of Russia is endeavoring to gain support in his war with France in every Court, Talleyrand must set every engine at work to defeat his exertions. Prussia has been addressed both by the Emperor of Russia and the King of Sweden; but there seems not the smallest reason to believe that the politics of the Court of Berlin will be changed. On the contrary, his Prussian Majesty is understood repeatedly to have declared his unalterable determination to remain neutral.
DEAL, October 4.
Several ships of war from the Boulogne station have just arrived in the Downs, and by them we are happy to learn that the expedition against the French gun-boats has completely succeeded. There were about 200 outside of Boulogne. The night was very dark, and every thing favorable. A new invented machine floated under water, conducted by a small boat on the surface; the machine, containing four tons of stones and several barrels of gunpowder was carried, one to one end of the French squadron, and the other to the other. The machines exploded after a given time, threw up the stones, destroyed many of the French boats and threw the rest into confusion. Some fire-ships were then sent among them. The land batteries, &c. &c. fired briskly, but without effect, as the night was dark.—The French sent out boats full of men, but a dreadful havoc was made among them all. It is said that upwards of 150 of the enemy's vessels were destroyed, and that none of our men were killed, and a few only wounded.
STATE PAPER.
Note transmitted by order of his Swedish Majesty to M. Gallard, the French Charge d'Affaires at Stockholm, September 7th, 1804.
"His Majesty the king of Sweden has received a report of the improper, the insolent, and the ridiculous observations which monsieur Napoleon Bonaparte has allowed to be inserted in his Moneur of the 14th of August, under the article Ratisbon."
"The tone, the style, and the subject of this article, are all of so extraordinary a nature, that his majesty has been yet hardly able to comprehend the object of such an act of political extravagance. If it has been done in the hope of misleading the public as to the conduct of his majesty, as it appears from the uncommon pains that are taken to draw a line of separation between his majesty and his subjects, let the world understand, that any instigation to that effect never could have been less likely to succeed than at this moment, or than it always will with a people whose interests are bound up with those
of a sovereign, who has never separated his property from theirs, and who never feels so happy as when he contributes to the glory and the happiness of his subjects."
"As his majesty cannot, consistent with his own dignity or the honor of his crown, permit any official intercourse, after such an insult, he has ordered me, Sir, to communicate to you, that, from this day, all diplomatic intercourse of every kind, both private and public, is immediately to cease between the French legation at Stockholm and his majesty's government."
"As a sentence in the article above mentioned seems to imply that the French government is disposed to admit that the continuance of the commercial intercourse between Sweden & France would be attended with some advantages, his majesty, on his part, is willing to permit the same, from those sentiments of esteem which he has always entertained for the people of France; sentiments which he has inherited from his ancestors, and which owe their origin to far happier times."
(Signed) "T. D. ERKENBRIM."
STOCKHOLM, Sept. 11.
The following document from our court Chancellor, appeared here on the 7th instant:—
"His majesty the King has been pleased to inform me by his gracious letter of the 26th August, that for a long time the prevalent tone of most French Journals and Daily papers has been marked by a want of due respect for Kings and Princes, and for every lawful government: that this insolence so worthy of chastisement, has continued to increase, and the consequences thereof have lately appeared in one of the newspapers most generally known, which has dared to insert expressions attacking the King's exalted person, and, consequently, the dignity of the Empire; and as this cannot be passed over, without animadversion his majesty has been pleased to order:
1. That from the hour when this notification is made public, the importation into the Swedish Empire, and the provinces belonging thereto, of French Journals, Weekly Magazines, and Daily papers, is strictly prohibited, and that no exception can be granted or demanded.
2. That all importation of Books and Writings, which may be printed in France in future, is likewise prohibited, those, however, which have already appeared are not included, provided their contents be not contrary to the ordinance still in force; but, with respect to French books, which may be published in future, exceptions may be admitted, if an humble request be made for the purpose through the office of the King's Court of Chancery.
"In consequence whereof, I am required to publish this gracious command and ordinance of his majesty the King, that all people may conform themselves thereto."
(Ex Officio.)
C. B. ZIBET.
A. D. HUMMEL.
Stockholm, Sept. 7. 1804.
PARIS, September 25.
The audience which the English and Russian Ambassadors have had of the King of Prussia, have been ineffectual.—We hear that the King declared his determination to remain neutral, and added even that he "engaged, under certain conditions, two other powers to follow his example." He is said also to have written a letter to the emperor of Russia announcing his intention to contribute to the preservation of peace upon the continent.
It seems as if the misunderstanding said to have taken place between France and the Porte, had been removed. Spencer Smith, after a second intimation from the Court of Vienna, has quitted Carlsbad to return to England.
The Charge d'Affaires at Stockholm is to quit Stockholm, as well as the French in Sweden. It is said, even, they have received orders to that effect.
It is rumoured that the French army in Hanover is to be increased 25,000 men.
A French courier has been sent to Petersburg to recall, it is said, M. Reynval, the French Charge d'Affairs — French Funds 54 3/4.
ADVERTISEMENT.
To be sold, to the highest bidder on Thursday the 20th inst. or December next, at twelve months credit, the noted PLANTATION for raising Indian corn, that belonged to the estate of Thomas Cowles, dec. in James City county, containing 424 acres more or less, lying on the stage road from Williamsburg to Richmond, and eleven miles from Williamsburg, as that a place as perhaps is to be found in the lower part of the country; it abounds with excellent springs of water; a dwelling house on it with four rooms below. At the same time and upon the same terms, will be SOLD, 14 NEGROES; several feather BEDS, and other household furniture too tedious to mention.—Bonds with approved security will be required, carrying interest from the day of sale if not punctually paid.
By the Executor.
N. B. The sale will be on the above plantation, December 8, 1804.
The famous fat blooded English Horse
HAMBLETON, The property of Wm. Lightfoot, Esq. will stand at my stable in the county of Hanover, ten miles above the courthouse, and within a mile of Mr. Edmund Taylor's tavern, in the Forks of Hanover, the ensuing season. The terms, pedigree and performance will be made known before the season commences.
John Thornton, Sr.
November 22d, 1804
W St
NEIL MCCULL, Has received his Full Supply of DRY GOODS.
Richmond, 12th Nov. 1804.
W St

RICHMOND PRICE CURRENT.
Table with 3 columns: Item, Price, and Unit. Items include Tobacco, Wheat, Flour, Corn, Hemp, Iron, Bacon, Whiskey, Pork.
Buckner Thruston, is elected a Senator of the United States for the state of Kentucky...
In the preceding columns some interesting extracts from LONDON papers will be found...
Augustus Foster, Esq. his Britannic Majesty's Secretary of Legation to the United States.
Wm. H. Sergeant, Esq. Col. Tatcham, Wm. Truly, Esq. Petersburg. John Mills, Jun. Esq. Alexandria.
Nor. Herald
By a gentleman from St. Thomas, we understand that just before he left that island...
Nor. Ledger.
Extract of a Letter from Lieut. Stewart, of the Siren, to a gentleman of Philadelphia, dated August 15th.
I have just a long letter on the ninth, informing you of our operations on this coast...
I send you inclosed a copy of the Commodore's thanks to his squadron for their conduct on the 31 instant.
BONAPARTE-ANA.
[Communicated by a Russian gentleman, just escaped from Paris.]
On the Revolution of the 18th Brumaire, Sieyes, and Barras, advised Bonaparte...
This gentleman walking along the banks of the Seine, observed a crowd, and curious to know what was the matter...
The same was done, in this gentleman's presence, as he was travelling in the diligence...
ELEVENTH DAY'S DRAWING.
Prizes drawn in the Baltimore Catholic Cathedral Church Lottery on Saturday last.
Prizes of 100 dollars: Nos. 5344 12065 12300. Prizes of 50 dollars: Nos. 3504 4802 14741 20654. Prizes of 25 dollars: No. 16135. Prizes of 20 dollars: Nos. 916 1111 1903 2671 3306 5304 5740 5839 7052 7564 8251 10787 11521 13351 14303 14353 17930 18645 19179 19307.
39 prizes of 15 dollars. Gain this day 420 dollars—Total gain 4870 dollars.
Adjourned till Saturday next at 10 o'clock.
The feds were sure of success when they carried the measure of choosing electors by a general ticket.
He digg'd a pit and digg'd it deep, And thought to catch his brother; But by his sin he did fall in, The pit he digg'd for others.
(Boat. Chron.)
A laboring man by the name of Donaldson, who lives at Irwin, in Scotland, and who had been deaf for upwards of twenty years...
The present state of St. Domingo, called by its original name, Hayti, has obliged a change in our commercial relations...
news of the war between France and England reached him. The capture of Anse a Veau, of Cape Dame Marie, and of the Abricots...
The printing office of Haswell and Smeal, and the dwelling house of the former, were burnt at Bennington on the 8th ult.
I WISH TO HIRE, 10 Negro Men & 6 or 7 Boys. The ensuing year, principally to work in a brick yard and digging earth.
20 Dollars Reward. RUN away from the subscriber living in Amherst county near Lynchburg, the 27th March last...
FOR SALE. On Saturday the 23d of December next, on the premises, will be sold to the highest bidder, my Tract of LAND in Goodland County...
TEN DOLLARS REWARD. STRAYED OR STOLEN. FROM James Penn's stable, on Saturday night last, two very dark
SOREL HORSES. One about 10 years old with a star in his forehead, and paces very well.
TO RENT, AND POSSESSION GIVEN IMMEDIATELY, A CONVENIENT Store-Room and Lumberhouse.
APPRENTICES to the Taylor's business, who can come well recommended. PHILIP COURTNEY.
Notice. We the undersigned, partners in the late concerns of Buchanan, Dunlop & Co. at Petersburg...
J. Tompkins. RESPECTFULLY informs those concerned, that he has removed the books and papers of the late concerns of Robert Pollok & Co. and Dunlop, Pollok & Co. to a new brick house...
Old Cogniac Brandy, Of superior quality.
Will certainly be Sold for Cash, At the house of Moses Treadway in the county of Powhatan, on Thursday the third day of January...
Fifty Dollars Reward. WILL be paid to any person who will deliver to the subscriber in this City, a Runaway Negro, named
CLAIBORNE, About 17 years of age. He has a long and smiling countenance, small legs, is round shouldered, his colour is between black and mulatto.
Government Security. NEW-YORK LOTTERY. No. III. for the encouragement of Literature, Begins Drawing on the EIGHTH DAY of APRIL next.
25,000 DOLLARS, 10,000 DOLLARS, 5,000 DOLLARS, HIGHEST PRIZES. The Scheme contains 33,000 Tickets, of which 9,315 are Prizes, less than two and a half blanks to a prize.
TICKETS And Halves, Quarters & Eighths, ARE TO BE HAD AT G. & R. WAITE'S PERMANENT LOTTERY OFFICES.
AT THE FOLLOWING PRICES. Whole Tickets Dols. 7 00 | Quarters, Dol. 1 87 Halves, 3 50 | Eighths, 1 00
PLoughs. TOMPKINS & HARRIS have a few PLOUGHS for sale, made by the noted blind Cansby, which are more approved of than any that have been used in this state.
ESSAYS ON THE LIBERTY OF THE PRESS, BY MARCELLUS. Originally published in the Virginia Argus, in December, 1803.
Table with 4 columns: Item, Price, Unit, and Remarks. Items include various grades of tobacco (C A, A B, T I, W, P P, S I, I M, T S, C C, T R, B L, D W) and their respective prices.
The above tobacco will be sold at Henrico January Court, if not claimed by the owners according to law. Williamson & Mosby, Inspectors.
A PROPOSAL, BY WILLIAM YOUNG BIRCH & ABRAHAM SMALL, OF THE CITY OF PHILADELPHIA: FOR PUBLISHING BY SUBSCRIPTION, THAT CELEBRATED WORK,
GIBBON'S HISTORY OF THE DECLINE AND FALL OF THE ROMAN EMPIRE.
Together with MEMOIRS of the LIFE and WRITINGS of the AUTHOR. No book could be offered, which stands in less need of encomium and recommendation.
1. It will be the most complete Edition of Gibbon extant.—Because it will be enriched with the Memoirs of his Life and Writings, written by himself.
2. It will be about one third cheaper than the London Copy. 3. It will be executed in the best style.
4. It will be enriched with Two whole sheet Maps—One of the Eastern, the other of the Western part of the Roman Empire.
Subscription received by SAMUEL PLEASANT, at Richmond.
ERSKINE'S CELEBRATED DEFENCE OF STOCKDALE.
LORENZO DOW'S THOUGHTS, DREAM, AND SERMON, ARE FOR SALE AT THIS OFFICE.

VIRGINIA ARGUS EXTRA.
[VOL. XII.]
A FREE PRESS MAINTAINS THE SOVEREIGNTY OF THE PEOPLE.
[No. 1112.]
RICHMOND:—PRINTED (ON WEDNESDAYS AND SATURDAYS) BY SAMUEL PLEASANTS, JUNIOR.
[Four Dollars Per Annum....paid in advance.]
WEDNESDAY, DECEMBER 12, 1804.
[12 1-2 Cents Single.]
Documents accompanying the Governor's Letter.
No. 5. Boston, June 22d, 1804.
Sir, The Legislature of this Commonwealth have requested me to inform your excellency of their proceedings, which are stated in the inclosed resolution, and to request that similar measures may be adopted in the State of Virginia. I have the honor to be, sir, with great respect, your excellency's most obt. servant,
(Signed) CALEB STRONG. His Excellency the Governor of the State of Virginia. A Copy. COMMONWEALTH OF MASSACHUSETTS. In the House of Representatives, June 16th, 1804.
Whereas by the Constitution of the United States, it is provided, that representatives shall be apportioned among the several states, according to their respective numbers, which shall be determined by adding to the whole number of free persons including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons; and further, that for the choice of President and Vice-President of the United States, each state shall appoint a number of Electors equal to the whole number of Senators and Representatives to which the state may be entitled in the Congress:
And whereas the said provisions were so manifestly unequal, at the time the Constitution was formed, that they could have resulted only from the spirit of conciliation and compromise, which influenced the Eastern States; because in consequence thereof, a representation of the states is produced, unjust and injurious in its operation, both as it regards the number of free inhabitants in the several states and their property; as, in a State where the slavery of man is established by law, the slaves have no voice in the elections....but a planter possessing fifty slaves may be considered as having thirty votes, while a farmer of Massachusetts, having equal or greater property, is confined to a single vote:
And whereas the effect of these provisions has been rendered more unequal and injurious, by the course of events, since the constitution was established, by an augmentation of the number of slaves in the Southern States, and also by an increase of personal property in the Eastern States, arising from the commercial spirit of the inhabitants:
And whereas the said provisions have been rendered more injurious, by important political changes, introduced during the present administration, in the purchase of Louisiana, an extensive country, which will require great numbers of slaves for its cultivation; and when admitted into the Union, agreeably to the cession, will contribute by the number of its slaves, to destroy the real influence of the Eastern States in the National Government; and also in the original mode of electing the President of the U. States, whereby in the appointment of that important magistrate, the right of the small states (among which are most of the Eastern States) where there are few or no slaves, is greatly diminished:
And whereas in the apportionment of the different taxes, the only compensation proposed by the constitution, to the states not holding slaves, for the aforesaid unequal principle in representation, is now merely nominal, as the national revenues are principally derived from commercial imposts, the present administration having repealed the excise laws, which operated in some measure, by a tax on luxuries, to equalize among the several states the contributions to the public burthens; and having also recently assessed additional millions on commerce, of which the Eastern States must pay much more than their due proportion, so that instead of contributing less than their proportionate share of public expense, as was contemplated by the Constitution, as a counterpart to unequal representation, they contribute more:
And whereas a union of the states, a measure so important in its consequences, cannot harmoniously exist, for a long period, unless it be founded on principles which shall secure to all free citizens, equal political rights and privileges in the government, so that a minority of free citizens may not govern a majority, an event, which, on the principles of representation now established, has already happened and may always happen:
Therefore, to preserve the Union of the states, upon sound and just principles, and to establish a foundation for general harmony and confidence among all the citizens of the United States, by securing to them now, and at all future periods, equal political rights and privileges:
Resolved, that the Senators of this Commonwealth in the Congress of the United States be, and they are hereby instructed, to take all pro-
per and legal measures to obtain an amendment of the Constitution of the United States, so that the Representatives be apportioned among the several states according to the numbers of their free inhabitants respectively, and for this purpose, that they endeavor to obtain a resolution of two thirds of both Houses of Congress, proposing such amendment to the Legislatures of the several states in the Union.
And be it further Resolved, that his excellency the Governor be requested to transmit to each of the said Senators, an attested copy of this resolution. And be it further Resolved, that his excellency the Governor be requested to inform the Chief Magistrates of the several states, of the doings of the Legislature of this Commonwealth, and request them to adopt the same measures.
Sent up for concurrence.
H. G. OTIS, Speaker.
IN SENATE, June 20, 1804.
Read and concurred.
D. COBB, President.
A true Copy.
Attest,
JOHN AVERY, Secretary.
A Copy.
No. 9.
Extract of a letter from the Superintendent of the Manufactory of Arms, to the Governor, dated September 22, 1804.
"IT MAY be proper to observe, that no augmentation of the number of Artificers at the Armoury, has been made in the present year; the reason of which is, that Autumn being the time in which labouring men usually contract for employment for the year, that season was passed before it was known whether the Legislature would appropriate for carrying on the manufactory, a sum sufficient to justify an Augmentation; and it is always difficult to get workmen in the Spring or Summer: I may further add, that the Treasury having failed early in the spring, to make payment at the time the pay rolls were presented, and the workmen having heard that there was no certainty of payment until the month of October, many of them went away, observing, that they would return again at the fall, when the public would be enabled to pay them for their work. The failure of the Treasury for a single day to make payment when it is due, and when they expect to receive it, induces many of the men, who are needy, to sell their claims below their value, some times to citizens, and some times to their fellow workmen, who have brought money when they came here, or who have made it since; which causes much murmuring, & really has prevented many workmen from engaging. They remark, that the workmen are not on a footing, as the poorer class of them must sacrifice a part of their earnings for want of their pay, to support their families and themselves, when those who have money may prey upon their necessities. I have endeavoured all in my power to prevent such speculation; and their making such sacrifices; but to no purpose. If they do not immediately receive their day when they expect it, they will immediately sell their claims. I however trust that in future such failures will seldom happen. I expect a considerable augmentation of the number of Artificers before the end of the year."
House of Delegates of Virginia.
Wednesday, December 5th, 1804.
Ordered, That leave be given to bring in a bill, "Authorising certain commissioners to make sale of certain lands, lying in the county of Elizabeth City;" and that Messrs. Mallory, Westwood, Semple, Pescud, Southall, Diggs and Hudgins, do prepare and bring in the same.
A petition from Samuel Marshall, of the county of Powhatan, administrator of William Hopkins, dec'd. Joanna Hopkins, widow of the said William, and sundry children of the said William, was presented and read, praying the passage of a law authorising the sale of a certain tract of land, in the county of Powhatan, belonging to the estate of the said William Hopkins, for certain purposes in the said petition stated.
Ordered, That the said petition be referred to the committee for courts of justice; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the house.
A petition from sundry inhabitants of Elizabeth City county and its vicinity, praying the passage of a law to prohibit hauling the seine, for fish, during certain seasons of the year, for reasons in the said petition stated, was presented and read.
Also a petition from sundry inhabitants of the counties of Norfolk, Princess Anne and the borough of Norfolk to the same effect;
Also a petition from sundry persons, praying the establishment of a ferry across the lands of Alexander Henderson, at the mouth of Cow creek, across the Ohio river to the opposite shore;
Also a petition of William Bentley, and Edward Moseley, stating that they are the proprietors of Bibb's ferry, across Staunton river, between the counties of Charlotte and Halifax; and praying that they may be authorised to establish a toll bridge across the said river, from the lands of one of the petitioners to the lands of the other on the opposite shore, at some convenient place, contiguous to the said ferry;
Ordered, That the said petitions be referred to the committee of propositions and grievances; that they do examine the matter thereof, and report the same, with their opinion thereupon to the house.
A petition of Catharine Bond, of the county of Lancaster, was presented and read, stating that a negro man, her property, was executed in the said county for murder, and that the said negro was greatly undervalued by the court of the said county; and praying additional compensation from the legislature, to the full value of the said negro;
Also a petition of William Bentley, of Powhatan county, stating that he has lost or had destroyed by accident, a certificate issued by the auditor of public accounts, in the name of the petitioner, for the benefit of an infant, ward to the petitioner, and praying that the auditor be authorised to issue a duplicate of the said certificate;
Ordered, That the said petitions, with the accompanying documents, be referred to the committee of claims; that they do examine the matter thereof, and report the same with their opinion thereupon to the house.
Thursday December 6.
Communication from the Senate by their clerk;
The Senate have agreed to the resolution of the House of Delegates, to proceed on Thursday next, by joint ballot, to the appointment of a public printer to this commonwealth for one year.
The order of the day on the state of the commonwealth being read;
Ordered, that the same be put off 'till to-morrow.
The order of the day for the house to proceed on this day by joint ballot with the Senate to the choice of a public printer, for one year, being read;
On motion,
Ordered, That the said order be postponed until Monday, the 17th instant.
Ordered, That Mr. Johnston do acquaint the Senate therewith, and desire their concurrence thereto.
On motion;
Resolved, That this house will to-morrow, proceed by joint ballot with the Senate, to the choice of a Governor or Chief Magistrate of this commonwealth for one year.
Ordered, That Mr. Barbour do carry the said resolution to the Senate, and desire their concurrence thereto.
On motion,
Resolved, That this house will to-morrow proceed by joint ballot with the Senate, to elect a Senator to represent this state in the Senate of the United States, to supply the vacancy which will be occasioned by the expiration of the term of service of William B. Giles, on the third of March next.
Ordered, That Mr. Barbour do carry the said resolution to the Senate, and desire their concurrence thereto.
Ordered, That leave be given to bring in a bill, "To abolish the office of public printer, and for other purposes," and that Messrs. Johnston, Wooding, Smyth, (Wythe) E. Harrison, Edwards, Miller, (Powhatan) and Dixon, do prepare and bring in the same.
Ordered, That leave be given to bring in a bill, "To authorise the courts of certain counties to appoint two or more commissioners of the revenue for the said counties, whenever the courts may think it necessary;" and that Messrs. Baker, Otey, Campbell, Moore, Penn, Peake and Daniel, (Louisa) do prepare and bring in the same.
Ordered, That leave be given to bring in a bill, "To lay off the several counties within this Commonwealth into hundreds or districts, for the more convenient holding elections, and for other purposes," and that Messrs. Henning, Ker, Fleming, Coleman (Caroline) Byrd, Kinney, Dashiell, Callaway, Prunty and Cabell, do prepare and bring in the same.
On motion;
Resolved, That so much of the standing rule of this house, as confines the number of select committees to seven, be rescinded, and that such committees be composed of some number not less than five nor more than thirteen.
On motion;
Resolved, That a committee be appointed to enquire into the present state of the navigation of James river above tide water; whether the James river company have complied with the conditions on which they hold their charter; whether any, and if any, what provisions are necessary to compel them to comply with those conditions; and whether it is expedient to compel them at this time, to make a communication by locks or otherwise, between the upper navigation and tide water, and that they be directed to report by bill or otherwise—
And a committee was appointed of Messieurs Cabell, Perrow, Otey, Leftwich, Baker, Hatcher, Du-Val, Yancey, (Campbell) Grigsby, Garland, Miller, (Powhatan) Smyth, (Wythe) and Burwell.
A petition of Burwell Grigg was presented and read, praying that he may be permitted to sell a small tract of land, the property of four orphans, his grand children, and children of James Williams, for the benefit of the said orphans;
Also a petition from the trustees of the town of Jefferson in Culpeper county, praying a further time for the owners of lots in the said town to improve the same;
Also a petition from sundry inhabitants of the town of Romney in Hampshire county—to the same effect.
Also a petition from the Library Company of Prince-Edward, praying that they may be incorporated under certain regulations and conditions in the said petition stated;
Also a petition of Frederic Gauder, praying that the right of the Commonwealth to a certain lot of ground in the town of Charlottesville, may be vested in the petitioner, for reasons in the said petition mentioned;
Also a petition from the trustees of Abingdon Academy, in the county of Washington, praying that certain lands in the said county may be vested in them and their successors for the benefit of the said Academy;
Also a petition from a number of the inhabitants of the city of Richmond, praying an extension of the limits of the said city according to certain boundaries in the said petition stated;
Ordered, That the said petitions be referred to the committee for courts of justice; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the house.

A petition from a number of the inhabitants of the town of Moorfield, in Hardy county, was presented and read, praying the passage of a law to prevent hogs running at large in the said town.
Also a petition from a number of other inhabitants of the said town, in opposition thereto.
Also a petition from sundry inhabitants of Harrison county, stating that a law passed some years ago, authorising the erection of a dam across the west fork of Monongalia river, from the lands of William Barklay, to the lands of David Carpenter, on the opposite shore, for the purpose of erecting iron-works, mills, &c. that the said works are not yet completed, and praying that Benjamin Wilson the present owner, may be authorised to erect the said dam, not exceeding five feet in height, for the purposes aforesaid.
Also a petition from a number of the inhabitants of Harrison county, praying that a new county may be formed out of certain parts of the said county, as in the said petition described.
Also a petition from a number of the inhabitants of Shenandoah county, praying for a new county to be formed out of certain parts of that county.
Also a petition from a number of other inhabitants of the said county of Shenandoah, in opposition thereto.
Also a petition of James Smith, praying that he may be allowed to establish a ferry from his lands in Kanawha county, across Guyandott river, to his lands on the opposite shore in the said county.
Also a petition from a number of the inhabitants of Ohio county, praying that a part of the said county, described in the said petition, may be annexed to Harrison county.
Also a petition from a number of the inhabitants of Wood county, praying that the rates of ferrage at Reece Wolfe's ferry, across the little Kanawha river, in the said county, may be raised.
Also a petition from a number of the inhabitants of Hampshire county, praying that a law may pass to incorporate a company for erecting a toll bridge across the south branch of Potowmack, at David Parsons's ferry, in the said county; and also for discontinuing the said ferry.
Ordered , That the said petitions be referred to the committee of propositions and grievances; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the house.
A petition from Nathaniel Anderson, John Harris and Robert Rives, executors of Thomas Anderson, late of Buckingham county, was presented and read, praying for the remission of a fine assessed upon their testator, in his life time, for reasons in the said petition stated.
Also a petition of Jacob Oglesby and Harwood Bacon, inspectors of Tobacco, at Henderson's warehouse and North Milton, in the county of Albemarle, praying an augmentation of their salaries.
Ordered , That the said petitions be referred to the committee of claims; that they do examine the matter thereof, and report the same, with their opinion thereupon, to the house.
A memorial and petition from a number of the inhabitants of the counties of Montgomery, Wythe, Washington and Russell, was presented and read, praying the passage of a law, which may repeal all acts or parts of acts, passed since the year 1776, which sanction, or appear to sanction the revival of the order of Council, to the Loyal Company, in the year 1749, for reasons stated in the said memorial and petition.
Ordered , That the said memorial and petition be referred to Messrs. Dixon, Smyth, (Wythe) M c Tearran, Edmiston, F. Harrison, Ellington and M c Farlane; That they do examine the matter thereof, and report the same, with their opinion thereupon, to the house, by bill or otherwise.
Petitions from the counties of Chesterfield and Powhatan, were received, on the subject of the James river navigation, above and through the great falls and its communication with tide water, being completed by the James river company, according to the original design of the law incorporating that company.
Ordered , That the said petitions be referred to the committee appointed to examine into and report upon that subject.
Petitions from a number of the inhabitants of the counties of Monongalia, Ohio, Harrison and Randolph, on the subject of the claim of the Indiana company, were received.
Ordered , That the said petitions be referred to the committee to whom was referred the memorial of George Jackson, on the same subject.
Ordered , That Mr. Davidson be added to that committee.
And then the house adjourned till to-morrow 12 o'clock.
F R I D A Y, December 7th, 1804.
Ordered , That Messrs. Upshur and Westwood, be added to the committee of propositions and grievances; Mr. Kettle, to the committee of claims, and Messrs. Dulany, Hudgins and Simons, to the committee of privileges and elections.
A communication from the Senate by their clerk.
The Senate have appointed a committee on the part of their House, to examine, jointly with a committee appointed on the part of the House of Delegates, the expenditure of the executive department, during the last year.
They have also agreed to the several resolutions of the House of Delegates, to proceed on to-morrow, by joint ballot with the Senate, to the choice of a Governor of this commonwealth, for one year, next ensuing, and to the election of a Senator to represent this state, in the Senate of the United States, to supply the vacancy which will be occasioned by the expiration of the term of service of William B. Giles, on the third of March next.
The house, according to the order of the day, proceeded by joint ballot with the Senate, to the choice of a Governor or Chief Magistrate, of this commonwealth, for one year; and the members having prepared tickets, and deposited the same in the ballot boxes, Messrs. Johnston, Downing, Baytop, Miller, (Goochland) Clarke, Mills, Simons, Walker, (Charles City) Perrow, Upshur and Taylor, (New-Kent) were named a committee to meet a committee from the Senate, and jointly with them, examine the ballots and report to the house, on whom a majority of votes should fall; the committee then withdrew, and after some time returned into the house, and Mr. Johnston reported, that the committee had, according to order, met a committee from the Senate, and jointly with them, examined the ballots, and had found a majority of the whole number of votes in favor of John Page, Esq.
The house, according to the further order of the day, proceeded by joint ballot with the Senate, to the choice of a Senator, to represent this state, in the Senate of the United States, to supply the vacancy which will be occasioned by the expiration of the term of service of William B. Giles, on the third of March next; and the members having prepared tickets and deposited the same in the ballot boxes, Messrs. Barbour, Edwards, Coleman, (Pittsylvania) F. Jones, Southall, Hudgins, Ingles, Leake and Cheatham, were named a committee to meet a committee from the Senate, and jointly with them, examine the ballots, and report to the house, to whom a majority of votes should fall. The committee then withdrew, and after some time returned into the house, and Mr. Barbour reported, that the committee had, according to order, met a committee from the Senate, and jointly with them, examined the ballots, and had found a majority of the whole number of votes in favor of William B. Giles, Esq.
The following gentlemen were named a committee on the part of this house, to wait on his Excellency John Page, and inform him of his appointment to the office of Governor or Chief Magistrate of this commonwealth, for the ensuing year; Messrs. Johnston, Hill, Maclin, Travis, Hooe, Otey, Purdie and Pendleton.
Mr. Barbour reported from the committee of privileges and elections, that the committee had, according to order, had under their consideration, the petition of Jacob Kettle, to them referred, had agreed upon a report and come to a resolution thereupon, which he handed in at the clerk's table, where the same was twice read, and agreed to by the house, as follows:
It appears to your committee, that Christopher Lamberton, had a good vote and voted for Jacob Kettle; that Samuel Currence, voted for William Wilson, and voted but once, and knows no other Samuel Currence, holding lands in Randolph county; that Josiah Campfield had a good vote and voted for Jacob Kettle; that Jacob Baker had a good vote and voted for Jacob Kettle; that Abraham Wills had a good vote and voted for Jacob Kettle; That George Kettle
had a good vote and voted for Jacob Kettle; that Mark Grymes had a good vote and voted for Jacob Kettle; that Nicholas Marsitter's vote should be substituted in the room of Jacob Kettle's; that Peter Hucker's title to vote was a good one, and that he voted for Jacob Kettle; that John Corrick's vote was a good one, and that he voted for Jacob Kettle; that Abraham Ingram's vote was illegal and void, and that he voted for Jacob Kettle; that the vote of Abraham Ingram, jun. was good, and that he voted for Jacob Kettle; that Thomas Cade's vote was a good one, and that he voted for Jacob Kettle; that the vote of James Norman, was illegal and void and that he voted for William Wilson; that William Smith's vote was improperly taken for William Wilson, and ought to be placed on the poll taken for Jacob Kettle.
Resolved , Therefore, as the opinion of this committee, that the poll ought to stand thus—
For Jacob Kettle, 86 For William Wilson, 83
3
And that Jacob Kettle was duly elected to represent the county of Randolph in this present General Assembly.
Ordered , That leave be given to bring in a bill, "To prevent slaves being brought into this state;" and that Messrs. Barbour, Maclin, E. Harrison, Blake, Ker, Madison, Johnston and Powell, do prepare and bring in the same.
Ordered , That leave be given to bring in a bill, "Further to amend the penal laws of this commonwealth;" and that Messrs. Smyth, (Wythe) Mallory, E. Boyd, Davison, Semple, Byrd, Hening and Du-Val, do prepare and bring in the same.
Ordered , That leave be given to bring in a bill, "To extend the jurisdiction of justices of the peace;" and that Messrs. Byrd, Prunty, Edwards, Congleton, M c Tearran, Dashiell, Hening, Goodwyn and Otey, do prepare and bring in the same.
Ordered , That leave be given to bring in a bill, "To amend the act, to prevent the circulation of private bank notes;" and that Messrs. Lee, Peake, Ker, Moore, Dixon and Jones, (Nottoway) do prepare and bring in the same.
Ordered , That leave be given to bring in a bill, "For the relief of special bail in certain cases;" and that Messieurs Du-Val, E. Harrison, Barbour, Stuart, Baker and Davison do prepare and bring in the same.
Ordered , That leave be given to bring in a bill, "For the relief of insolvent debtors and for other purposes;" and that Messrs. Barbour, Moore, Dulany, Hill, S. Boyd and Jennings, do prepare and bring in the same.
Ordered , That leave be given to bring in a bill, "To amend the act for regulating conveyances;" and that Messieurs Byrd, Hawes, Singleton, Crockett, Schrell, Ruffner, and Lee, do prepare and bring in the same.
A petition from sundry persons interested in a company styled the loyal company, in opposition to one heretofore read and referred, signed by Francis Smith, agent for the said company, was received, and referred to the committee to whom was referred the petitions on the subject of the loyal company's claim.
Also a petition from a number of owners and captains of craft navigating the Appomattox river, praying, for reasons in the said petition stated, some alterations in the law, incorporating the company for opening the navigation of the lower part of the said river.
Also a petition from a number of the inhabitants of Harrison county, praying that so much of a law passed in the year 1802, giving an additional reward for killing wolves, so far as the same relates to that county, may be repealed.
Also a petition from a number of the other inhabitants of the said county, in opposition thereto.
A petition from a number of the inhabitants of the town of Charlestown, in Jefferson county, was presented and read, praying the passage of a law, authorising them to raise a sum of money by way of lottery, to be applied to the purpose of bringing water into the said town by canals and pipes, and purchasing a fire engine.
Also a petition from James Crawson, stating that he purchased a lot of ground in the town of Wheeling, in Ohio county, when he was an alien, which is escheatable on that account to the Commonwealth, and praying relief from the legislature.
Also a petition from Lodowick M c Carrol, to the same effect with the one last stated.
Also a petition from Alexander Wills and others, praying that they may be allowed to receive tolls from persons passing the bridge built by them over Buffalo creek, in Brooke county, until they are indemnified for building the said bridge, or until the court of Brooke county will agree to receive the said bridge as a county bridge, and indemnify the proprietors, the petitioners, by assessing the balance in the county levy.
Also a memorial from the overseers of the poor of King George county, stating that from a number of circumstances, which are particularly detailed in the said memorial, the said overseers have been prevented from carrying into effect, the law prescribing their duties, and praying the interference of the legislature.
Also a petition from the Justices of King George county, praying certain amendments in the laws relating to the appointment and duties of overseers of the poor.
Ordered , That the said petitions be referred to the committee for courts of justice, that they do examine the matter thereof, and report the same with their opinion thereupon to the house.
A petition from a number of the inhabitants of Botetourt, Monroe, Greenbrier and Bath counties, praying that a new county may be formed out of certain parts of the said counties, was presented and read.
Also a petition from a number of the inhabitants of Montgomery county, praying that a new county may be formed out of the western end of the said county, including a small part of the counties of Monroe and Tazewell.
Also a petition from a number of the inhabitants of the counties of Norfolk, Princess Anne, and their vicinities, in opposition to a petition heretofore presented on the subject of preventing the destruction of fish by prohibiting the hauling of the seine during certain seasons of the year.
Ordered , That the said petitions be referred to the committee of Propositions and Grievances, that they do examine the matter thereof, and report the same with their opinion thereupon to the house.
A petition from the inspectors of Tobacco in the town of Petersburg was presented and read, praying that they may be allowed to turn tobacco to the shippers out of the gates of the warehouses at a price not less than 17 cents; and praying also for an increase of salary.
Ordered , That the said petition be referred to the committee of claims, that they do examine the matter thereof, and report the same, with their opinion thereupon to the house.
A petition was presented and read from a number of the inhabitants of the counties of Washington, Wythe and Grayson, praying that a new county may be formed out of certain parts of the said counties.
Also a petition from Edward Gantt of George town, in the district of Columbia, praying that he may be allowed to remove certain slaves into the state of Virginia.