Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1803-02-18 00:00:00

James Anderson
Berkeley and Jefferson
[No. 47 of Volume IV.]
FRIDAY, February 18,
We are authorised to inform the Citizens of Berkeley County, that JAMES CAMPBELL, Esq. and MAGNUS TATE, Esq. will stand a poll at the ensuing election for Representatives in the State Legislature.
NOTICE
IS hereby given, that the partnership of Evans & Jamieson, late of Shepherd's Town, is this day dissolved by mutual consent. All persons indebted to said firm are requested to make payment to John Baker, Esq. of Shepherd's Town, Attorney for Walter Jenkins, assignee of the debts due to said firm. Given under our hands, this 3rd day of February 1803.
THOMAS B. EVANS, JOHN JAMIESON.
Shepherd's Town, February 10, 1803.
NOTICE
IS hereby given, to those who are indebted to the late firm of Evans & Jamieson, of Shepherd's Town, that the bonds, notes and accounts, of that firm have been transferred to me, for the purpose of discharging their debts in Baltimore, which bonds, notes and accounts have been by me deposited in the hands of John Baker, Esq. of Shepherd's Town, for collection, with instructions to bring suits on the same indiscriminately, unless they are discharged within three weeks from this date. If however, those who are indebted by open account, will within the time aforesaid, give their notes with interest to said Baker, for the several sums they owe, they shall receive a credit of six months from this date.
WALTER JENKINS.
Baltimore, Feb. 5, 1803.
THE Overseers of the Poor of the County of Berkeley, are desired to meet at the Court House, on the First Monday in March next, being the day appointed for their Annual Meeting, by Act of Assembly in that case made and provided.
Per Order.
ROBERT COCKBURN, C. O. P.
February 11, 1803.
STRAYED from the subscriber's waggon, from Daniel Royer's Mill, at the foot of the North Mountain, 6 miles from Garrard's Town, on Friday night last, A Black Horse, with a star in his forehead, has a scar on his left shoulder, some saddle marks, and a hole in his left fore hoof occasioned by being corked—is about 14 hands high, 6 years old next August, and has a bushy tail, trots and paces.—Also A Sorrel Mare, with a star in her forehead, has a long tail, near 15 hands high, about 6 or 7 years old, is a natural trotter. The Horse had on when he went away, a collar, hames, traces and hip-straps.—And the Mare had on a complete set of waggon gears. One Dollar Reward, and reasonable charges will be given to any person, who will take up the said strays, and give information thereof to the subscriber, living on Sleepy Creek, about 3 miles from Sniders Mill.
FREDERICK FROSHOUR.
February 11, 1803.
Will be sold at BERRYVILLE, on the 25th day of February next, for Cash, Sundry NEGROES, consisting of MEN WOMEN and CHILDREN, the property of Col. George Stubblefield, deceased, to satisfy sundry claims against the estate of the said deceased.
BUSHROD TAYLOR, Exr.
February 4, 1803.
Wanted Immediately,
A JOURNEYMAN WEAVER, who is well acquainted with the business, to such an one liberal wages and constant employ will be given, by application to the subscriber living near the Bath road, four miles from Martinsburg. N. B. None but a good workman need apply.
JOHN McCLURE.
January 28, 1803.
BERKELEY COUNTY, ss.
October Court, 1802.
Ann Hunter, Guardian of Ann Evelina Hunter, Moses Hunter and David Hunter, children and Heirs of Moses Hunter, deceased—Complainants
AGAINST
John Davis, Sarah Keemer, Thomas May and James Keemer, Executors of James Keemer, dec'd, Elizabeth Davis, an infant under the age of 21 years, James K. Davis, William Magowan, and Mary his wife, late Mary Davis, which said Elizabeth, James K. and Mary, are children of said John Davis, and Legatees of said James Keemer, dec'd. Defendants.
IN CHANCERY.
THE Defendants Thomas May, and James Keemer, not having entered their appearance agreeable to an act of Assembly, and the rules of this Court, and it appearing to the satisfaction of the Court, that they are not inhabitants of this Commonwealth, on the motion of the Complainants, by their Counsel, it is ordered, that the said Defendants do appear here on the Monday after the third Tuesday in March next, and answer the bill of the Complainants, and that a copy of this order be forthwith inserted in the Virginia Gazette, for two months successively, and published at the door of the Court House of the said County.
A Copy.
Teste, H. BEDINGER, C. B. C.
BERKELEY COUNTY, ss.
November Court, 1802.
John O'Ferrall, Complainant.
against
Patrick M'Caffry, surviving partner of Tabb & M'Caffry, Samuel Craig, Anthony Kennedy and Patrick Campbell, trustees of Tabb & M'Caffry and Michael M'Kewan and James Faulkner, Defendants.
IN CHANCERY.
THE Defendants Patrick M'Caffry, Anthony Kennedy & Patrick Campbell, not having entered their appearance agreeable to an act of Assembly and the rules of this Court, and it appearing to the satisfaction of the Court, that they are not inhabitants of this Commonwealth, on the motion of the Complainant, by his Counsel, it is ordered, that the said Defendants do appear here on the Monday after the third Tuesday in February next, and answer the bill of the Complainant, and that a copy of this order be forthwith inserted in the Virginia Gazette, for two months successively, and published at the door of the Court House of the said County. And it is further ordered, that the said Defendants, M'Kewan, Faulkner and Craig, do not pay, convey away, or secrete any debts by them owing to, or effects in their hands belonging to the Defendants M'Caffry & Tabb, until the further order of this Court.
A Copy.
Teste, H. BEDINGER, C. B. C.
AN ADDITIONAL SUPPLY OF
NEW GOODS.
AMONG a variety of other valuable and nice GOODS (suitable to the present and approaching seasons,) the subscribers have just opened
THREE BOXES IRISH LINENS, of the latest importations, one Box of which principally contains, (very low price & wide Linnens) suitable for the lining of Hats, &c.
They have also lately received a large quantity of excellent long FLAX and COTTON, BAR-IRON, Crowley and Blistered STEEL, CASTINGS, TIN, STONE, GLASS, QUEENS and CHINA WARE, SOAL and UPPER LEATHER, &c. GROCERIES, PATENT and other MEDICINES, together with an extensive and complete assortment of SADDLERY of every description—all which we will sell cheap for CASH or COUNTRY PRODUCE.
JAMES S. LANE, & Co.
Shepherd's Town, January 21, 1803.
N. B. We invite and earnestly request all persons indebted to us in any manner whatsoever, to come forward immediately and discharge their respective dues.
JAMES S. LANE, & Co.
BERKELEY COUNTY, ss.
October Court, 1802.
Andrew Waggoner,
William Cunnane,
Ann Henshaw,
William Henshaw,
of James Cunnane,
Henshaw, Rebecca,
and Rebecca,
Hiram Henshaw,
Rhewanna,
Henshaw,
Washington,
ter Henshaw,
shaw, the
nathan Seamon,
Slaughter and
infants under
which said
Levi, Hiram,
phen, Jonathan,
William Slaughter,
are children and co-heirs
esses of the said William Henshaw,
dec'd—Defendants.
IN CHANCERY.
THE Defendants, Nicholas Henshaw,
Lewis Moore, and Rebecca
his wife, not having entered their
appearance agreeable to an act of
Assembly and the rules of this Court,
and it appearing to the satisfaction
of the Court, that they are not
inhabitants of this Commonwealth,
on motion of the Complainant,
by his Counsel, it is ordered,
that the said Defendants do appear
here on the Monday after the third
Tuesday in March next, and answer
the bill of the Complainant, and that
a copy of this order be forthwith
inserted in the Virginia Gazette,
for two months successively,
and published at the door of the Court
House of the said County.
A Copy.
Teste, H. BEDINGER, C. B. C.
CONGRESS OF THE U. STATES.
HOUSE OF REPRESENTATIVES.
January 27.
Mr. Griswold presented the following memorial.
To the Honorable the Senate and House of Representatives of the United States, in Congress assembled.
The undersigned most respectfully submit the following Representation and Memorial.
BY an act of Congress passed on the thirteenth day of February in the year of our Lord one thousand eight hundred and one, entitled "An act to provide for the more convenient organization of the courts of the United States," certain judicial officers were created, and established, called circuit courts of the U. States.
In virtue of appointments made under the constitution of the United States, the undersigned became vested with the offices so created, and received commissions, authorising them to hold the same, with the emoluments thereunto appertaining, during their good behaviour.
During the last session, an act of Congress passed, by which the above mentioned law was declared to be repealed; since which no law has been made for assigning your memorialists, the execution of any judicial functions, nor has any provision been made for the payment of their stipulated compensations.
Under these circumstances, and finding it expressly declared in the constitution of the United States, that "The judges both of the supreme and inferior courts shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation which shall not be diminished during their continuance in office," the undersigned, after the most deliberate consideration, are compelled to represent it as their opinion, that the rights secured to them by the constitution, as members of the judicial department, have been impaired.
With this sincere conviction, and influenced by a sense of public duty, they most respectfully request of Congress to review the existing laws which respect the offices in question, and to define the duties to be performed by the undersigned, by such provisions as shall be consistent with the constitution, and the convenient administration of justice.
The right of the undersigned to their
express it to the regret the necessity which compels them to make the representation, and they confide that it will be attributed to a conviction, that they ought not voluntarily to surrender rights and authorities entrusted to their protection, not for their personal advantage, but for the benefit of the community.
WM. TILGHMAN.
Mr. Griswold moved a reference of the foregoing memorial to a select committee.
Mr. Gregg observed that, according to the usual mode of transacting business, it ought to go to the committee of Claims. He therefore made that motion.
Mr. Griswold said he entertained a high respect for the committee of claims, and was always in favor of referring to them petitions that merely involved demands for money. But he thought the memorial stood upon very different ground. It proposes a revision of the laws, in order to assign the judges duties proper to be assigned to them; and it also proposes the submission of the question of compensation to judicial decision. These points are of a very distant nature from those referred to the committee of claims; for which reasons he thought such references improper.
Mr. Randolph did not think a select committee or the committee of claims, a proper committee to whom to refer this memorial. What is its nature? Does it embrace any point of fact, on which a committee is to enquire? No. It is a broad constitutional question. He was therefore, in favor of having it examined where it must eventually be settled in the house. If therefore the memorial had any reference, it ought to be referred to the committee of the whole House. To which effect he made a motion.
Mr. Bacon hoped this last motion would not obtain. He did not know what there was in the petition to distinguish it from any other petition from any citizen of the United States. It was suggested that it involved a great constitutional question. He did not know that this was the case. Any thing might be made a constitutional question. But he thought this question had been already determined by the whole legislature, on the most mature deliberation. He saw nothing to distinguish this petition from other petitions. He would not say that it would be doing it too much honor, but it would be making too wide a difference between similar applications to adopt this course. He was therefore, for pursuing the common course.
Mr. Griswold had no objection to a reference of the memorial to a committee of the whole. Perhaps that would be the better mode. It was true, as the gentleman from Virginia had stated, that a very important constitutional question may arise on this memorial. Nor did he know as represented by the gentleman from Massachusetts (Mr. Bacon) that all the constitutional questions involved in this subject had been settled by the decision of the last session. He had understood the gentleman himself in his speech during the last session, to have said that the question of compensation was a very different question from that then under discussion. He was not absolutely certain that the gentleman expressed such an opinion, but he was certain that some gentleman of the majority did. As the memorial was couched in terms of great respect, he trust-

Randolph moved go into committee the unfinished busi- be the first acted the postponed business till to-
olved itself into the memorial.
William Tilghman accompanied by ten als, signed by Oli- Smith, Richard George K. Tay- Samuel Hitchcock, Robert Benson and
he did not think it extensive discussi-
The haste with of it was urged, of a disposi- Under such would be use- he would re- a question very dif- at the last sessi- decided that the le- constitutional right to de- judges of all judicial power; but the question never was settled, that not- withstanding, the judges should be de- prived of their judicial powers, they were not entitled to the compensation guaran- teed by the Constitution. This involved a distinct point which ought not to be ha- stily acted upon. The judges had never been heard before Congress on this ques- tion. They had a right by the Constitu- tion to be heard, and to be heard by coun- cil, he presumed, if they desired it. He had thought the House would have given time for them to be heard. But they have to proceed immediately. He should there- fore, be content with moving two resolu- tions.
Mr. Dana thought the gentleman from Pennsylvania did not calculate correctly. The same object, as to debate, would be attained in the house as in a committee of the whole. For he would recollect that notwithstanding the length of the debate of the last session, and though the house was in committee, no gentleman had spoken more than once; and according to the rules of the house every member had a right to speak twice.
Mr. Dana said he agreed with the gentleman from Virginia, in the ideas he had expressed.
Mr. Gregg said he hoped the motion of reference to committee of the whole would not prevail, but that these memorials, like all others of a similar nature, would be re- ferred to the committee of claims. He would beg leave to read to the house one of the rules by which the duty of the com- mittee of claims was designated. The rule was in these words:
"It shall be the duty of the said com- mittee of claim to take into consideration all such petitions and matters or things touching claims and demands on the Unit- ed States, as shall be presented or shall or may come in question and be referred to them by the house."
Now, said he, can any person, after hearing the memorials and the rules just read, undertake to say, that they are not completely within the province of that committee. Are they not a claim? Are they not a demand for money? Most as- suredly they are. He considered the de- mand of their salaries the primary object of the memorialists, and not an incidental circumstance, as had been stated. If the salaries had been paid most probably we should have heard nothing of the memo- rial.
The question was then taken on Mr. Randolph's motion to refer the memorial to a committee of the whole House, and carried, ayes 53.
The speaker enquired for what day it should be made the order.
Mr. Randolph said to day.
Mr. Griswold, to-morrow.
The question was taken on Mr. Gris- wold's motion, and lost, ayes 36, noes 51.
Mr. Huger moved that it should be the order for Monday. It must be evident, he said, that the members had not yet suf- ficiently attended to the subject to be pre- pared for a decision. It was a very dif- ferent question from that decided last ses- sion. It certainly required some little time to enable gentlemen to revolve it in their minds. It was not usual to force de- cisions in that way. If it was the object of gentlemen merely to vote it out, a ma- jority must do as they please; but if they were disposed to pay it ordinary respect, they certainly could not urge so precipi- tate a discussion.
Mr. Randolph asked if it were in order, after the question had been taken, to name another day. He said, he would not have urged an immediate consideration of the memorial, but for the conviction that the subject, in all its bearings, had undergone the maturest investigation, not only of every member on that floor, but of every thinking man in the U. States.
The Speaker decided that the moving another day was not in order.
The question on going into a committee of the whole this day, was then carried without a division.
point. The readiest and fairest course for gentlemen would be to propose to re- peal the law of the last session and res- tore the judges.
The question was then taken on the first resolution, and lost—Ayes 34—Noes 56. Adjourned
REPORT
Of the committee to whom was referred on the 17th ult. the memorial of sundry in- habitants of the town of Wilmington, in the state of North Carolina report:
That the system of policy stated in the said memorial to exist, and to be now pursued, in the French colonial govern- ments, in the West Indies, is fraught with danger to the peace and safety of the United States; that the fact stated to have occurred in the prosecution of that system of policy, demands the prompt interference of the government of the U. States, as well legislative as executive.
The committee, therefore, recommend that the said memorial be referred to the secretary of state, to be laid before the President; and in pursuance of the au- thority granted to them, herewith report a bill which is submitted.
The following is the Memorial of the un- dersigned inhabitants of the town of Wilmington, in the state of North Caro- lina, and of the vicinity thereof, Respectfully Sheweth,
That it doth appear to have become the policy of the governments established by the French over several of their islands in the West Indies, to expel therefrom all negroes and mulattoes, to whom emanci- pation shall be accorded. That in the prosecution of this system, the executive authorities in said islands, (of Guadalupe particularly) have shown a determination by force or by fraud, to have those people introduced into the United States. That in fact the danger to be apprehended from affording an asylum to such persons, has operated so powerfully on the European powers holding islands in the West Indies, or establishments on this continent, as to produce an absolute and effectual prohibi- tion from landing them on any part of their respective territories. That, there- fore the United States having become the dernier resort for enabling the French colonial governments to clear the islands of a species of population too obnoxious to be tolerated—there is reason to dread, (unless the most prompt and decisive measures are adopted to counteract and repel the designs of those governments) that the peace and safety of the southern states of the union will be greatly endan- gered.
Your memorialists think it necessary to state to your honorable body in proof, that their apprehensions on this head are well founded—that the schooner Fair Play, re- cently arrived in this port from Guada- loupe, having on board five persons of the above description, which the executive of that island compelled the captain of said schooner to bring away.
With the fullest confidence that your honorable body will condescend to give to the above representation the considerati- on which its importance demands, and that they may expect from your wisdom such measures as may be effectual in the premises—Your memorialists will ever pray, &c.
PITTSBURGH, February 11.
The ship PITTSBURGH, of 290 tons burthen, was launched on Tuesday last from the Ship Yard of Messrs. Ta- rascon Brothers, James Berthoud & Co. She is owned by those gentlemen, and was built under the direction and super- intendence of capt. Beebee. Judges pronounce her a very handsome vessel, and her materials are of the best and most substantial kind.
By the report of the Director of the Mint laid before Congress, it appears that the following coins have been struck at the Mint of the United States from the 1st of January to the 31st December, 1802.
Eagles 15,090; Half Eagles 53,176; Qr. Eagles 2,612; Dollars 41,650; Half Dollars 29,890; Dimes 10,975; Half do. 13,010; Cents 3,435,100; Half Cents 14,366—making a total of 516,115 Dolls. 83 Cents.
PHILADELPHIA, January 31.
It is rumoured, that another alteration has been made as to Mr. Monroe's mis- sion. Of the credibility of the report it is impossible for us to judge. We have heard it from various sources of equal re- spectability; but shall nevertheless, not pretend to vouch for its authenticity.
It is said, that Mr. Monroe instead of proceeding to Madrid or Paris, is to take his passage in a British packet now at New- York, for England; where, in conjunc- tion with Mr. King, a representation of mutual importance to both countries, is
to be made to the court of St. James. By the issue of this the two ministers are to be guarded in their subsequent negotiati- ons with France or Spain.
Several circumstances which have reached the public ear, tend to corroborate this rumour. As the nature of the repre- sentation to be made, there is much con- jecture but nothing more. Within the last week the agents of our government have been buying English bills to a con- siderable amount. This has sharpened the public curiosity—some have supposed that these purchases are connected with the grant of two millions proposed in the late secret meetings of Congress, and that this grant has originated in Mr. Mon- roe's mission—others are bold enough to imagine that Mr. Jefferson, perceiving the boundless extent of Buonaparte's am- bition, is at length determined to unite in resisting that spirit of domination so hostile to the peace and happiness of the universe—that in pursuing this plan, he has fixed upon England as the only effec- tive barrier which can be opposed to the overwhelming torrent—that overtures to this effect are to be made, preliminary to an attempt to negotiate with Buonaparte. It is supposed that by this procedure, Mr. Monroe will appear at the court of Bu- onaparte in a form more impressive and commanding than if he were not to pos- sess the influence of the British cabinet. It is also very rationally believed that Buonaparte, viewing the good understand- ing which subsists between the United States and Great Britain, and apprised that in the event of his refusing justice to the former they will unite in represent- ing his insolence, will receive our solici- tations with a temper of mildness and complacency.
These are the themes which con- the conversation of our political circles. Of their foundation and verity we are unable to judge.
NEW-YORK, February 4.
Yesterday afternoon a tremendous storm of hail, rain, thunder and light- ning was experienced in this city—dur- ing which the Olive, capt. Shepard, from the Havannah, as she was coming into the Hook, had one man, Richard Coone, killed by the lightning whilst he was in the act of handing the top gallant sail, another badly hurt, and four knocked down. The brig, after coming to anchor in the East River opposite to Coenties slip, parted her cables, and drifted to Coyle's Hook, where she ran ashore.
NORFOLK, Feb. 5.
Capt. Ramsey arrived here yesterday, from St. Andero, in Spain, informs, that the Spaniards do not allow a single Ame- rican vessel into their ports, until they have performed a long quarantine in some distant port from Spain; and that they are by no means friendly to the American trade.
YORK, February 9.
FIRE!!!
Extract of a letter from a gentleman in Carlisle, to his friend in this place, dated February 6, 1803.
"On Thursday last at 3 o'clock, that noble Edifice, Dickison College, was to- tally destroyed by fire. The rapidity of the flames, and violence of a tempest, rendered every effort to save it useless. "Hincilla Lachrima." Religion, Learn- ing, Liberty and Law are in mourning. Yet we sorrow not as they who are with- out Hope. A noble spirit of exertion has prevailed in all classes and we already contemplate science and the arts reinstat- ed in a more splendid temple."
ALEXANDRIA, February 9.
Captain Combs, of the brig William, which arrived at Wilmington on Sunday the 18th ult. from Cape Francois, in 12 days informs, that only a small reinforce- ment of about 4 or 500 troops had arrived at that place when he left it. Great mor- tality continued among the troops from disease. The blacks were in great force in the neighbourhood of the Cape. The inhabitants and whites in the town of all descriptions were compelled to bear arms. In the various conflicts that took place, as no quarter was given on either side, the carnage was shocking to humanity. Bu- siness at a stand, and of course the mar- kets very bad.
MARTINSBURG, February 18.
On the 1st inst. gen. Theodoros Bai- ley, was elected representative of the state of New-York, in the senate of the United States, in the place of Governor Morris, by a majority of both houses of the legislature, in joint ballot. Mr. J. Woodworth was the other candidate.—

Both of the persons in nomination, were democrats.
On the 3d inst. the house of representatives of the state of Massachusetts, elected on their part, the Hon. JOHN QUINCY ADAMS, as Senator to represent that state in congress. The senate were to make a choice on the Tuesday following.
The Aurora says, the House of Representatives of the United States sat with closed doors on Monday last—and conjectures that the business in which they were thus engaged related to Mr. Rutledge. The attacks on this gentleman have hitherto been conducted with the deepest secrecy, and it is perhaps most consistent, if he is to be sacrificed, that the deed should be committed in the dark.
Arrived at Norfolk, on the 2d instant, the sch'r Mary, capt. Griffin, in 3 days from Charleston. A passenger informs (says the Norfolk Herald) that a vessel had arrived there on the Saturday preceding his leaving Charleston, from Dunkirk bringing French accounts to the 15th December, which state there were great exertions making all over France in recruiting the army—that the shipping of troops for the West Indies and Louisiana was going on with activity, and that indications of renewing hostilities were apparent in every seaport.
We hear, that early on Wednesday morning last, an express arrived at the city of Washington, said to be from New-Orleans or Natchez, bearing intelligence of importance, the nature of which had not transpired, this days southern mail will perhaps furnish us with further information on the subject.
Report says, and we believe on good grounds, that the governor has ordered a draft from the militia of this State of 1800 Infantry and 200 horse, for the settlement of the land business at Wyoming and Luzerne, &c.
(Philadelphia paper.)
Extract of a letter from an officer on board the U. States frigate Constellation, dated Toulon bay, 21st Oct. 1802.
"We left Malta on the 23d August, and arrived off Tripoli the 25th, where we staid three days and then left for Tunis bay; there we arrived on the 4th September, and sent our boat on board a French man of War, lying in the bay, with a letter for our consul; capt. Murray not wishing to have any communication with the shore, for fear of being quarantined at the next port he went to."
"On the Wednesday following, we again stood into the bay, and sent our boat on board the French ship, and likewise an American, where our officers saw the consul; who informed, that a few days previous to our arrival, he had received an official letter from the Danish consul at Tripoli, informing him of our having killed the Bashaw's favorite general, when standing next the Bashaw, by one of the shot which flew on shore the 22d July, when we had the skirmish with the gun boats—that we had destroyed two gun boats, and killed and wounded many men—that the Bey of Tunis had demanded a 36 gun frigate from the United States, and was quite impatient at not receiving it."
The same letter contains the following paragraph: "Bonaparte has banished general Toussaint to the island of Elba, in chains."
From New-York, Feb. 8.
By capt. Shepherd, of the brig Olive, we learn that a French frigate arrived at Havannah a few days before he left that place, with a French general officer on board. It was generally believed he came on business concerning Louisiana.
By the ship Kingston, captain Stevens, from London, last from Portsmouth in 47 days, a regular file of English papers have been received at this office to the 3d of December. The parliamentary debates contain nothing materially interesting; appearances are unequivocally pacific. It is said to be the intention of the ministry to propose to parliament, immediately after the recess, a bill for conferring on certain ports the privilege of receiving goods free of the duties of customs, until taken out for home consumption. The funds still continue low. The report of the suspension of the arrears due to British subjects on stocks in the French funds, is erroneous. Mr. Otto was to take leave of his majesty at the next levee, on his departure from England. It is reported that notwithstanding the joint application of the English and French ministers, the Emperor of Russia declines to become one of the
guarantees of the independence of Malta, a circumstance which may further embarrass the complete execution of the treaty of Amiens.
The news of the disastrous occurrences at St. Domingo, had reached France—but what effect it had on the government is not stated.
The First Consul, at his police at St. Cloud, had received the congratulations of the constituted authorities and armed force on his return. A London paper mentions the addresses as marked with a strain of fulsome compliment. It would seem from one of these addresses, that it is the intention of the First Consul to visit all France.
A London paper of the 28th November, speaking of America, says, "Every British statesman must now be aware of the great importance of maintaining a good understanding with the United States of America. The two countries may be so mutually serviceable, or so mutually mischievous to each other that the utmost pains should be employed to cultivate not only peace, but to improve every sentiment of kindness and affection. The French, it is well known, make every exertion to obtain a party in America, hostile to England. In appointing a minister to the United States, it therefore is of the utmost importance to send a man qualified to improve our interests with the government, and the people of that country—one who will conciliate their affections and esteem, as far as his personal character, and his personal communication with them, can extend. Mr. Otto is to be the French Envoy."
We last night received Paris Journals to the 30th. They bring very little news. The Swiss are electing deputies to proceed to Paris to the Consulta, which is to be the organ through which the will of France is to be communicated: Some applications have been made to the commander of the French troops in Switzerland, to set Aloys Reding, and his companions confined in the castle of Arborg at liberty; but without success.
In Switzerland the Senate has issued a Decree, imposing upon all the Cantons, in proportion to their resources, a War contribution of 900,000 livres (37,500) for the support of the French troops. One of the articles of the decree reserves to the Senate the power of the exacting extraordinary contributions from those Cantons, Communes, or individuals, what that body chooses to call the inquisition; upon which subject the executive power is directed to make a report within one month; this decree appears to be intended to throw nearly the whole burden of the French troops upon the unfortunate patriots, under the pretence of imposing a general contribution upon the whole of Switzerland—thus, not content with depriving the brave defenders of their country's cause of their political liberty, and even imprisoning their persons, the oppressors of Switzerland will make them pay for the chains with which they have loaded them. Aloys Reding and Auf der Maur still remain immured in the Castle of Arborg. Deputies from the cantons are continually setting out for Paris, but the elections are not yet completed.
A few nights since, a Gentleman in this City, who went to bed in a room with a pan of common coals from the hearth in it, was wakened in the night by the noise of his Wife, who felt the effects of the effluvia from the coals so severely, that she had risen and gone to the door, where she had fallen on the floor; when the timely alarms of her Husband probably saved her life, if not his own likewise.
When so many instances of this nature are continually presented to the Public, it is astonishing that the People will be so careless of their lives and health, as to expose themselves to the noxious vapours of burning coals in close rooms.
[Hudson Paper.]
MR. BAYARD'S SPEECH.
It has already been stated that after the question had been taken and not carried, upon Mr. Griswold's motion to go into a committee of the whole, on the state of the union, for the purpose of taking up his resolution respecting the cession of Louisiana, and after the committee of the whole had been discharged from any other consideration on the subject, gen. Smith gave notice that he had a communication of a confidential nature to make to the house—upon this the galleries were cleared and the doors closed.—Immediately upon the doors being opened, the final question was called on Mr. Griswold's resolution, upon which Mr. Bayard delivered a speech in favor of the resolution. As the doors had but
just been opened none of those in the habit of taking notes were present. But a gentleman who heard the speech, and who noted the most important parts of it, has obligingly favored us with the following sketch, which is said to contain the principal arguments advanced by Mr. Bayard. The speech was delivered on Tuesday, January 11.
(Gaz. U. S.)
Mr. Bayard said he lamented much, that unavoidable occurrences had prevented his attending in his place when the resolution was under consideration upon the motion to go into a committee of the whole house. Having no knowledge of the arguments then employed to induce the adoption of the resolution, he should abstain from many remarks which obviously presented themselves on the subject, lest he should fall into repetitions of what was familiar to the minds of the house from the observations of other gentlemen.
He must, however, be allowed to state that it was a practice little known heretofore, but one which had alarmingly increased of late, to resist a call for information from any branch of the executive government.
It cannot be, on the ground of secrecy, required by the state of our affairs; for we have been often told that a government like ours ought to have no secrets.
Though the present times have assumed the character of economical, yet an hon. member of great weight in the house, and whom he did not then observe in his place, had remarked at the last session, with great emphasis and effect, that no disposition to economy should ever induce him to economize information.
A stronger case than the present could not exist. The house had been called on to act upon a question touching our foreign relations. On such subjects, it was among the chief duties of the executive to acquire information: It was for this purpose that ministers were sent abroad and their communications were made to the cabinet, to which we had a right to look upon all occasions for information respecting the proceedings of foreign governments which implicated the national interest.
It is stated in the presidential message, that Louisiana is ceded by Spain to France.
This is an important fact. The statement in the message shews that the president has obtained information relative to the cession, and after the fact is disclosed, which is the extent of any indiscretion which can be committed on the subject, why conceal from us the circumstances?
The naked fact did not furnish sufficient light to enable us to judge of the steps which it would be proper for us to pursue.
Though the country had been ceded, yet the possession remained with the Spaniards. This created a presumption, that it is not simple, absolute cession. If the cession be conditional or qualified, or to take effect upon some future contingency, it is extremely material that the house should be informed of the existence of the circumstance.
Mr. Bayard repeated his regret that he was not present at the discussion of the subject which had taken place, as it was beyond his powers to imagine a ground upon which the information requested by the resolution could be denied.
But after the resolution had been in effect negatived on the motion to go into a committee of the whole, and, as he understood, by a large majority, he should not have risen to trouble the house, but for an occurrence which had taken place since the house had made their determination upon the resolution.
An honorable member from Maryland, (Mr. S. Smith) has just laid upon our table a resolution calling upon the house to place two millions of dollars at the discretion of the executive. [The speaker here remarked to Mr. Bayard, that as the doors were no longer closed, it was not in order to refer to what had been done when the doors were closed.] Mr. Bayard said he had no disposition to transgress the rules of the house, but it was an awkward situation, when arguing in support of a measure, he was not at liberty to state the strongest reason in favour of it.
He would not repeat what had escaped him—but alluding to what was in the knowledge of every member, he considered himself allowed to urge the probability that the house would be called upon for a grant of money. Now, sir, can gentlemen expect that either we or the nation will in any case be satisfied to make a large grant of money, while no information is given of the grounds upon which the grant is required!
When money is asked for, information
ought never to be denied—and, for his part, he never would consent to give a cent, while information which ought to be communicated, was withheld.
Mr. Bayard concluded by observing, that he hoped he might still flatter himself with the expectation, that what had recently occurred, would induce the house to vary from the determination they had made, and adopt the resolution.
The legislature of Pennsylvania hath for some time past been engaged in the trial of Alexander Addison, one of the judges of the superior courts, who was impeached for certain misdemeanors in office, of which he was found guilty.
On Thursday the 27th ult. the house of representatives being in a committee of the whole for that purpose and the members of the senate being introduced, the speaker of the body pronounced sentence against Judge Addison, as follows.
"That Alexander Addison, president of the several courts of common pleas, in the fifth district of this state, shall be, &c. he hereby is removed from his office of president aforesaid, and also is disqualified to hold and exercise the office of judge in any court of law within the commonwealth of Pennsylvania."
(Coin. Int.)
A Kingston (St. Vincent's) paper of the 18th Dec. says, "The following account was given us by the brother of Capt. Thomas Hazel, of the sloop Try Again, and we sincerely hope it will not escape the notice of our government—On the 4th inst. as the sloop was passing by St. Lucia on her way to Martinique, she was fired at and brought too by the French Guarda Costa of that island—the master of which, and some of the crew boarded the Try Again, and robbed capt. Hazle, negroes and vessel, of every thing on board. They were not yet satisfied. They sent her into Fort Royal, where capt. H. and the negroes were imprisoned five days, when they were liberated and allowed to proceed on their voyage."
NOW IN THE PRESS, and in a few days will be published, in the form of a pamphlet, AN INTERESTING ACCOUNT OF THE PROJECT OF FRANCE RESPECTING LOUISIANA,
Drawn up by a FRENCH COUNSELLOR OF STATE, addressed to BUONAPARTE, translated from the French. Intelligencer Office, February 18, 1803.
TEN DOLLARS REWARD.
STRAYED or stolen from the Lick Mill, on Friday evening the 11th inst. two HORSES, one of them a light bay, remarkably hollow in the back, has some saddle marks, is about fifteen hands and an inch high, will be eight years old next spring; the other is of an iron roan colour, about fourteen and an half hands high, between four and five years old, has a short switch tail, shod all round, trots, racks and canters well, and is an excellent saddle horse. Five dollars reward and reasonable expenses will be given for the above horses, (should they have strayed away) if brought home, or delivered to Mr. Edmund Graham, in Martinsburg; if stolen, the above reward will be given for the horses and thief. JAMES MARSHALL, February 18, 1803.
TO be sold at Public Vendue, on Tuesday the 15th of March next, at the subscriber's Plantation, one and an half miles from Buckles Town,
HORSES, Milch Cows, Hogs, Sheep, a variety of Household Furniture, a Waggon, Plows, Harrows, a Wind-Mill, and a number of other Farming Utensils too numerous to mention. The terms will be made known on the day of sale. The sale to commence early in the day, when due attendance will be given by JAMES STARRET. February 18, 1803.
TAKEN up by the subscriber, living near Hedges' store, six miles from Martinsburg, an estray BULL, of a red and white colour, about one year old, neither cropped nor branded, appraised according to law. The owner is requested to prove property, pay charges and take him away. PETER HOUT. 3 February 18, 1803.

We are indebted to the politeness of a gentleman lately from Edinburgh, for the following invocation to the Swiss nation to re-assume their arms in defence of their Liberty. Every feeling mind, alive to the sufferings of others, will be affected by a perusal, and will sympathize in the misfortunes of these brave, but truly wretched people.
HELVETIA's sons! arise to arms! Draw your swords for liberty, Hark! her trumpets loud alarms, Patriots now be free or die!
Reanimated sons of Tell, Hail your new-born energy, Europe loudly calls, all hail! Heaven smiles propitiously.
Not in vain the upbraiding mountains, Tower in freedom to the sky, Vallies, gulphs and caverned fountains, Were not made for slavery.
Lo! on freedom's wing exulting, From yon cliff the Eagle flies, Here no despots chain insulting, See his plume o'er summits rise.
Like that noble bird did nature Make Helvetia's children free, Like their ice-formed Glaciers stature Impregnable their liberty.
Mountaineers rush to your passes, At your Straits await the fight, Nature there your freedom places, Dearly sell each Alpine height.
In her shade of peace retir'd, Late Britania sigh'd for you, Wept that kindred flame expir'd, Which she feared you'd ne'er renew.
Now on valor's pinions flying, Britannia's genius views your war, Ye Gallant Swiss to battle-crying "Every Briton's soul is there."
And thou blest favorite of fame, Who first in patriot rank dost stand, Shalt rival Tell's immortal name, The WASHINGTON of Switzerland.
Undaunted as the wavering pine, Which the lowering storms assail, Gainst liberty tho' worlds combine, Embattled worlds shall not prevail.
Godlike handful! freedom calls you, Hark! her thundering cannons roar, Triumphant, glory's lot befalls you, In battle slain—you triumph more.
If proud Gauls inglorious host, Tyrannous mounts o'er heaps of slain, An army may each triumph cost, In victory's hour may few remain.
In the brightest rolls of glory, You the overpower'd shall be, Fame shall thus record in story, Helvetia's splendid tragedy.
France had pour'd her utmost legions, No Helvetian turn'd to fly, Silent, sad, unpeopled regions, Blast unhallowed victory.
Yet an awful front retaining, Every hill and vale they tried, Jura's summit last remaining, There the brave survivors died.
Edinburgh, October 20th, 1802.
TAKE NOTICE.
ALL those who have open accounts with, or otherwise indebted to the subscriber, are requested to come forward and settle their respective dues, by the 20th instant. Mr. Jacob Snyder will attend at the house where my store was kept in Darkesville until that time, for the purpose of settling my accounts. Those who neglect to attend to this notice, must expect to be dealt with as the law directs, without respect to persons. ADAM WEAVER. February 4, 1803.
TO THE CITIZENS OF JEFFERSON COUNTY.
WE , the undersigned, at the request of our Friends, offer as Candidates at the ensuing Election, to represent you in the next General Assembly of this State. We are, Gentlemen, with due respect, your obedient servants, ABRAHAM MORGAN. GEORGE TATE. January 13, 1803.
GREAT BARGAINS.
I WILL sell my Property on the corner of Water and John streets, upon very advantageous terms to the purchaser. It consists of a whole lot of Ground, on which is erected a handsomely finished BRICK HOUSE, 40 by 30 feet, two stories high, a Stone Stable and Brick Smoke House, with a Tan-Yard on the same adjoining Tuscarora Creek, on which is a Bark-Mill and Currying-shop, with twenty Vats. This Property would suit very well for an extensive Brewery and Distillery, it is also well situated for a good Tavern. Also, an unimproved Lot opposite to the same, cornering on Water and John streets. Also, half a Lot on John street, on which is erected a Stone Distillery, 24 by 18 feet; this property is well calculated for a Slaughter house, or Hatter's Shop, having a constant Spring of Water in the house. Also, 146 acres of LAND adjoining the Mill tract of William Snodgrass. Also, 98 acres of good LAND, adjoining the lands of Samuel Carr and George Everhart; on this place 30 acres of good watered Meadow may be made, there is at present about 40 acres cleared, 5 of which is Meadow. Also, a quantity of LAND on Little Sandy, state of Kentucky—and two small Tracts on Green river. Also, 400 acres of an undivided Tract of LAND, situate six miles from Bath and half a mile from Potomac river, adjoining George Huffman and others.
For the first mentioned Property, I will take $ 800 in cash, and give a credit of four annual payments for the balance.
Any other part of the property in this advertisement, I will exchange for young Negroes, young Horses, or Lots well-situated in the City of Washington, or for good paper. If the Brick House property should not be sold, it will be to rent, and possession may be had the 8th day of next April. JOHN O'FERRALL. Martinsburg, February 4, 1803.
¶ I once more request those indebted to me to make payment.
¶ I have a Ten Acre LOT adjoining this town, that I will rent on certain conditions.
¶ I want two apprentices to the Tanning and Currying Business. J. O'FERRALL.
ALL persons, in any manner indebted to the subscriber, are solicited to settle up their accounts by the first day of next April, as no longer indulgence can or will be given. WILLIAM RIDDLE. Martinsburg, January 4, 1803.
To be sold, or rented out for the season,
THREE valuable Stud HORSES, one of which is the famous Imported Horse SPORTSMAN, a chestnut sorrel, sixteen hands high, as fine a figure and as sure a horse as any on the continent. If not sold before the first of March, he will stand in or near Charles Town, Jefferson County, the ensuing season. The other two are colts of his, one of them a dun with black mane and tail, sixteen hands high, strong and active; the other is a sorrel, fifteen and an half hands high, and an excellent figure. Any gentleman wishing to purchase, or rent either of said horses for the season, may know the terms by applying to the subscriber. GEORGE CLARKE. Green-Castle, Franklin County, State of Pennsylvania, February 3, 1803.
At a Court continued and held for Ohio County, on Wednesday the third day of November, 1802.
PHILIP DODDRIDGE and ALEXANDER CALDWELL, vs. ELIJAH SMITH, and the heirs of GEORGE BULOR, deceased.
THIS day came the Complainants by their Council, and it appearing to the Court that the order for proclamations in this cause hath not yet been executed, upon motion of the Complainants by their Council, it is ordered that the Defendants do appear here on the second day of the next March term, to answer the Complainants bill, and that a copy of this order be forthwith published for two months successively in the Berkeley & Jefferson Intelligencer , and that another copy of this order be set up on the door of the Court House of this County for two months successively.
A Copy. Teste, MOSES CHAPLINE, c. o. c.
To the Inhabitants of Berkeley County.
FELLOW-CITIZENS, BEING frequently solicited by a number of respectable Gentlemen to come forward as a Candidate to represent you in the General Assembly of this Commonwealth, this is therefore to inform you that I have at last got my own consent, not only to enlarge the field of your choice, but if elected, to serve you faithfully, according to my best judgment and ability. I will add, fellow-citizens, that I have lived amongst you nearly thirteen years, and in the course of that time, I have been endeavoring to learn the political situation of our common country, and have established for myself a place of residence in Berkeley County, where it is probable I may pass the balance of my days; it is therefore natural to suppose that my own interest, will lead me upon all occasions, to promote your welfare in general, as a body politic, of which body myself and family forms a part. I will further add, that there may be a number of persons who vote for measures and not for men, that may wish to know my political sentiments; in order to give them that information, I do declare myself to be a real republican, a true friend to the constitution of the United States, and an approver of the present administration of the general government.
With sentiments of esteem, I leave you to judge, and chuse for yourselves. JOEL WARD.
Mill-Creek, December 26, 1802.
LANDS FOR SALE.
WILL be sold, to the highest bidder, on the respective Tracts, by the executors of the late General George Washington, the annexed parcels of LAND, at the following periods:
Tract in Charles county, Maryland, near the Fish Trap, } First Monday in March next.
Tract in Montgomery County, Maryland near Frederick Town, } Second Monday in ditto.
Tract in Jefferson County Virginia, called Evanses, 2 1-2 miles west of Charles Town, } 18th day of March,
Tract in Hampshire County, Virginia, known by the name of Horse Shoe Tract, to be sold the 18th day of March, on Evanses, } 18th day of ditto.
In Jefferson County, Virginia, the Tract on the voted run Bull-Skin, } 19th day of ditto.
In Jefferson County, Virginia, the Tract on Wormley's line, occupied by capt. Gabriel Greenfield, } 21st day of ditto.
In Frederick County, Virginia, a Tract 1 1-2 mile South of Battle Town, } 23d day of ditto.
In Fauquier County, Virginia, Ashley's bent and Chatten's run Tracts, near Hickses tavern. } 25th—to be sold at Hickses Tavern.
One fourth of the amount of the purchase to be paid down, the balance in three equal annual installments, secured by mortgage of the premises, and to draw legal interest from the day of purchase, until paid.
THE EXECUTORS. January 28, 1803.
BERKELEY COUNTY, ss.
October Court, 1802. John Myles, Tunis Newkirk, George Newkirk, Henry Newkirk, John Newkirk and Joseph Newkirk, which said Henry, John and Joseph, are infants under the age of 21 years, by George Newkirk, their Guardian—Comp'ts.
AGAINST David Watkins, Jane Logan, (widow) Executrix and Devisee of James Logan, dec'd, Brian Bruin and James Wilson, Def'ts.
THE Defendants, David Watkins and Bryan Bruin, not having entered their appearance agreeable to an act of Assembly and the rules of this Court, and it appearing to the satisfaction of the Court that they are not inhabitants of this Commonwealth, on motion of the Complainants, by their Counsel, it is ordered, that the said Defendants do appear here on the Monday after the third Tuesday in March next, and answer the bill of the Complainants, and that a copy of this order be forthwith inserted in the Virginia Gazette , for two months successively, and published at the door of the Court House of the said County.
A Copy. Teste, H. BEDINGER, c. b. c.
PURSUANT to the last will of Joseph Berry, dec'd, of Hampshire County, the Executors offer, at private sale, the following Tracts of Land, situate in the County of Frederick and state of Virginia, on the head waters of Sleepy Creek, viz.
One Tract containing 230 acres, more or less, whereon John Berry formerly lived, the improvements are 70 acres of cleared land, 25 of which are good Timothy Meadow, and much more may be made, with the advantage of watering the whole at a small expense; a good Dwelling House, Kitchen, double Barn, and other out Houses, two good Orchards, consisting of a great variety of Fruit; the place abounds with water and timber sufficient.—This place would be a good stand for a public house, being situate on the State road from the Western Country to the City of Washington.
One other Tract adjoining the aforesaid, on the same road, containing 120 acres of good Farming Land—the improvements are a Dwelling House, some Fruit Trees, about 20 acres cleared, part of which is good Meadow, and more may be made, water and timber plenty.
One other Tract on Timber Ridge, near the aforesaid Land, said to contain 160 acres, part of which is cleared. Good titles will be made for the above Lands—The terms will be made easy to the purchaser after the first payment. For terms apply to Jacob or John Jenkins, in the edge of Hampshire County, who will shew the Lands, or to William Wilson of Berkeley. JACOB JENKINS, son. JOHN JENKINS, WILLIAM WILSON, Executors. November 4, 1802.
FOR SALE.
UPWARDS of Five Hundred Acres of good Limestone LAND, situate in Jefferson County, Virginia; two miles from Charles Town, eleven from Shepherd's Town, two from Keyes's Ferry, and six from Harper's Ferry. There is no farm in the County better watered—the different springs that rise on it, when united, form a stream large enough for a Mill, in the driest season, with fall sufficient for that purpose.—There is about 20 Acres of Meadow and more may be made with little expense.—The soil is light, easily cultivated, and clear of stone. There are two large, and one small Apple Orchard of excellent fruit. More than 200 Acres of this Land is well clothed with timber. It may conveniently be divided into two or three farms, if it should suit the purchaser or purchasers, allotting to each a proportion of timber, meadow, orchards, houses, &c. A more particular description is not thought necessary—the land may be seen, and the terms of sale made known by applying to the subscriber on the premises.
If application should be made in time, I will sell THREE or FOUR LOTS of LAND, containing from TWO to TEN ACRES, as may best suit the purchasers, with a never failing spring of water on each Lot, well situated for Mechanics of every description, being on the main road leading from Keyes's Ferry to Charles Town. One of these Lots is well calculated for a TAN-YARD. Also for sale, several unimproved LOTS in Charles Town, and Five Hundred Acres of excellent LAND on the Little Kanawha, Wood County.
ALEXANDER WHITE, junr. January 21, 1803.
PRINTING.
In all its variety, executed at this Office, with correctness and expedition.
BLANK DEEDS
For sale at this Office.
Terms of the Intelligencer.
THE price of this Paper is two dollars per annum, one dollar payable at the time of subscribing, and one when the year expires. Distant subscribers pay for the whole year in advance. The price of Advertisements, to non-subscribers, is one dollar per square for three weeks insertion, and for continuance after that time 25 cents per week. Subscribers will continue to receive a reduction of one-fourth on their advertisements.
MARTINSBURG, Berkeley County, Virginia; Printed and published by JOHN ALBURTIS.