Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1805-02-22 00:00:00

Berkeley and Jefferson Intelligencer.
[No. 40 OF VOLUME VI.]
FRIDAY, February 22, 1805.
[WHOLE NO. 200.]
WE are authorised to inform the freeholders of Berkeley County, that GEORGE PORTERFIELD, Esq. and PHILIP C. PENDLETON, Esq. will be Candidates at the next election of Representatives for this County in the State Legislature.
We are authorised to inform the Citizens of Berkeley, Jefferson and Hampshire Counties, that Maj. JAMES STEPHENSON has consented at the request of a number of his friends, to be a candidate at the ensuing Election for a Representative for this District in the next Congress of the United States.
To the Citizens of Jefferson, Berkeley and Hampshire Counties.
I HAVE consented, at the request of a number of my friends, to become a candidate at the ensuing election for a representative for this district in the Congress of the United States; and now solicit your patronage. It has hitherto been so much the custom to travel through the district, to solicit votes, that for me to omit that part of the business, might probably give occasion of offence to some—I will therefore devote as much time as can be spared for that purpose; flattering myself at the same time, that those gentlemen whom I cannot visit previous to the election, will not impute it to any want of respect for them, more than others; but to the want of sufficient time to make such a tour. As I would rather lose my election, than gain it by any unfair means; my opponent and his friends may rest assured, that no ungentlemanly or improper conduct on my part, will be resorted to, for the purpose of obtaining success; and I flatter myself, that I shall be treated with the delicacy which I am determined to exercise towards my competitor.
I am fellow Citizens, with due respect, your obedient servant, JOHN MORROW.
Shepherd's-Town, } February 12, 1805. }
Wm. Hay, Tailor,
Late of George-Town,
RESPECTFULLY begs leave to acquaint the citizens of Shepherd's-Town and the public generally, that he has taken Mr. Daniel Bedinger's brick house adjoining Mr. John Wingard's, where he intends carrying on the Tailoring business. He assures all those who may favor him with their custom, that nothing on his part shall be wanting to merit their approbation. Having carried on the above business in Georgetown for a considerable time, he flatters himself that he will be able to give general satisfaction to all those ladies and gentlemen who may be pleased to employ him.
Shepherd's-Town, February 15, 1805.
THE subscriber has a Tenement to let, containing about 100 acres of cleared Land, on which there is a small Stillhouse with over-head water. The present tenant has sowed about 40 acres of small grain, which he will dispose of at a fair valuation. No person need apply who is not capable of carrying on the distilling business, and can come recommended.
I have two other Valuable TENEMENTS to let. RAWLEIGH COLSTON. February 15, 1805.
CAME to the plantation of the subscriber (Sulphur Spring on Opecon Creek) on the 20th instant, one dark bay MARE, and one bright bay HORSE, newly shod all round. The owner may have them again by proving property and paying charges.
JOSEPH MINGHINI. January 25, 1805.
PURSUANT to a deed of trust from John Suffern and Catherine his wife, to the subscriber, will be sold on the premises, at auction, to the highest bidder, on Saturday the second day of March next,
A Lot of Ground,
Lying on Martin Street, in the town of Martinsburg and County of Berkeley, known and distinguished in the general plan of said town by No. 161, for the purpose of discharging a debt with the interest, &c. thereon, due from the said Suffern to Col. William Clemm of Baltimore. The said lot is well improved.
ELISHA BOYD, Trustee. February 1, 1805.
TO BE RENTED,
For one, two, or three years, the
PLANTATION
On which I now live, containing 226 acres of good Land, 160 acres of which are cleared, and in good farming condition; there are on the premises a convenient Dwelling House, Kitchen, good Stables, and other necessary out houses, with an excellent Orchard. Possession will be given in March next, clear of any incumbrance. For terms apply to the subscriber living on the premises, five miles from Martinsburg, and five from Shepherd's-Town, in Berkeley County.
JOHN MORGAN. February 1, 1805.
STRAY STEER.
CAME to the subscriber's Plantation some time ago, an estray STEER of a brindle colour with white spots—marked in the right ear with a swallow-fork, and a piece cut out of the under side of the left, supposed to be three and a half, or four years old, and valued at nine dollars. The owner is requested to prove property, pay charges and take him away.
SAMUEL KENNEDY. Berkeley County, February 1, 1805.
December Court, 1804.
Berkeley County, ss. Barbara Helm, administratrix, and Jacob French, administrator of Martin Helm, deceased, Complainants.
against
Mary Foland, widow and relict of George Foland, deceased, and Mary Foland, Rebecca Foland and Eleanor Foland, children and heirs at law of said George Foland, Defendants.
IN CHANCERY.
THIS day came the Complainants by their Counsel, and it appearing to the Court that the Defendants are not inhabitants of this Commonwealth, it is ordered that the Defendants do appear here on the Monday after the third Tuesday in March next, to answer the Complainants' bill, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer, and continued for two months successively, and also be posted up for two months successively at the door of the Court-House of this County,
A copy. Attest, DAVID HUNTER, C. S. S.
The subscriber has just received, and always intends keeping for sale, a number of Silver
WATCHES,
of various kinds and prices. He has also for sale, A great variety of WATCH CHAINS, SEALS and KEYS.
REES BRANSON. Martinsburg, 4th 1st month, 1805.
The following BLANKS, printed with NEW and ELEGANT TYPE, are always kept for sale at this Office: DEEDS, Common BONDS, Apprentices INDENTURES, Promissory NOTES, &c. &c. &c.
CONGRESS of the U. STATES. HOUSE of REPRESENTATIVES.
February 6.
Mr. John Randolph from the Managers to whom was referred the answer of Samuel Chase, one of the associate Justices of the Supreme court of the United States, made a report, and replication as follows:
'THAT they have considered the said answer, and do find, that the said Samuel Chase hath endeavored to cover the crimes and misdemeanors laid to his charge, by evasive insinuations, and misrepresentation of facts; and that the said answer does give a gloss and coloring, utterly false and untrue to the various criminal matters contained in the said articles; and do submit to the judgment of the house, their opinion, that for avoiding any imputation of delay to the House of Representatives, in a case of so great moment, a replication be forthwith sent to the Senate, maintaining the charge of this house; and that the committee had prepared a replication accordingly, which they herewith report to the house.'
REPLICATION.
'The house of representatives of the United States have considered the answer of Samuel Chase, one of the associate Justices of the supreme court of the United States to the articles of impeachment against him by them exhibited in the name of themselves and of all the people of the United States, and observe,
'That the said Samuel Chase hath endeavored to cover the high crimes and misdemeanors laid to his charge, by evasive insinuations, and misrepresentation of facts; that the said answer does give a gloss and coloring utterly false and untrue, to the various criminal matters contained in the said articles; that the said Samuel Chase did, in fact commit the numerous acts of oppression, persecution and injustice of which he stands accused, and the House of Representatives, in full confidence of the truth and justice of their accusation, and of the necessity of bringing the said Samuel Chase to a speedy and exemplary punishment, and not doubting that the Senate will use all becoming diligence to do justice to the proceedings of the House of Representatives, and to vindicate the honour of the nation, do aver their charge against the said Samuel Chase to be true; and that the said Samuel Chase is guilty in such manner as he stands impeached; and that the House of Representatives will be ready to prove their charges against him, at such convenient time and place, as shall be appointed for that purpose.'
Mr. J. Randolph moved that the house concur with the Managers in their report.
Mr. R. Griswold did not know but what the replication was correct. But it appeared to him that they were about to act in too precipitate a manner. The answer of Judge Chase had only been transmitted to them that morning, and had been directed to be printed; it appeared therefore to him that gentlemen could not have had sufficient time to judge whether the replication reported by the Managers was a proper one or not—He was averse to delay a decision of the impeachment, but he was not prepared to act so soon. It appeared from the replication that the answer was supposed to be indecent. Let the answer be printed and then gentlemen would be able to decide that point. In order to obtain a fair and full discussion of the replication he moved to refer it to a committee of the whole house.
Mr. Elliot did not rise to express surprise at the stile of the replication. After what had taken place in relation to the impeachment of Judge Chase, he felt no surprise at any language that might be used. He hoped that the language of the replication would not be sanctioned by the house. In his opinion the stile was undignified and unworthy of that body. The course they were about to pursue, if the motion of the gentleman from Connecticut (Mr. R. Griswold) should be rejected, was unprecedented and not correct. That might be no objection with the Managers, but he trusted that it would be with the house. He
was in favor of the motion to refer the report to a committee of the whole, and hoped that they should adopt such a replication as was worthy of the house. If the question should be taken upon agreeing to the replication reported by the Managers he should give it his decided negative. The replication was undignified and improper. It asserted that the answer of Judge Chase contained untruths and evasions. This was not the fact. In his opinion, it contained a correct statement of facts, and with a few exceptions principles correct and arguments unanswerable.—The replication declared also that Judge Chase was guilty upon every article of impeachment; therefore no member who voted against either article of impeachment, could in his opinion vote with propriety in favour of the replication. He hoped they would refer the subject to a committee of the whole house, in order that they might not act in a precipitate manner upon a subject of such importance.
Mr. J. Randolph hoped the motion of the gentleman from Connecticut (Mr. R. G.) to refer the report to a committee of the whole house would not prevail. He did believe that an agreement to the motion would be a virtual refusal on the part of the house to proceed any farther with the prosecution of the impeachment. He was not surprised that the gentleman from Connecticut, who had heretofore deemed this subject as unworthy of discussion, should endeavour in this manner to destroy the prosecution, and to effect that indirectly which he could not do directly. What were the facts in the present case? Early in the session the House of Representatives had exhibited articles of impeachment against Samuel Chase to the Senate. After as long a time as could be given him for the purpose of putting in his answer he had come forward with one of which no accurate description could be given. If they were to go into a committee of the whole and adopt a replication equally as long as the answer, there would be no possible chance of finishing the prosecution at the present session. After, at the last session, coming forward and pressing for a trial, and complaining of a denial of justice on account of its not taking place—the respondent was now endeavouring to postpone the trial until the next session. The Managers had but one of two courses to pursue, either to file a general replication to the answer, which they had done, or to file a special replication which would have been a virtual relinquishment of the prosecution for the present session. He hoped the house would agree to file a general replication and proceed to the trial as soon as possible, and that the impeachment would not be wire drawn any more.
Mr. Elliot was in favour of filing a general replication to the answer of Judge Chase, but he was opposed to the stile of the one reported by the Managers. If they were to refer the subject to a committee of the whole it would probably be taken up to-morrow, and the discussion would not last more than one day, and the trial would not be delayed until the next session as was said by the gentleman from Virginia (Mr. J. Randolph.) He still hoped that the house would proceed in a manner worthy of that body.
Mr. R. Griswold asked, if the impeachment had been wire drawn as was represented by the gentleman from Virginia (Mr. J. Randolph) by whom had it been done? It certainly was not by him.—Since the subject had been first under consideration he had not occupied thirty minutes of the time of the house upon it. He wished not to protract the trial, as he conceived that the person accused and the public were both entitled to an immediate decision. But upon a subject of so much importance, upon a report drawn in such an unusual stile as the present, he deemed it improper to act in so hasty a manner. The answer had not been read in the house, but most of the members had heard it read in the Senate. Probably some of them had not and therefore could not decide upon a proper replication. Under these circumstances he deemed it proper to refer the subject to a committee of the whole and had felt it his duty to make the motion he had done—Having discharged his duty, he should acquiesce in the decision of a majority of the house.

The question was then taken—and the motion to refer the report to a committee of the whole house was lost—Yea 37—Nays 60.
The question then returned upon concurring with the Managers in their report.
Mr. R. Griswold called for the yeas and nays.
Mr. Lucas said that it appeared to him proper to postpone the farther consideration of the replication until they should have the answer printed. It appeared preposterous to agree to a replication to the answer when that answer was not before them. He understood that the answer would be printed on the next day and then they might act upon it. He therefore moved to postpone the further consideration of the report of the Managers until to-morrow.
Mr. J. Randolph had no great objection to postpone the subject for the time moved by the gentleman from Pennsylvania. He wished to inform that gentleman that this house was in possession of the answer of Samuel Chase. A copy of it had been sent them from the Senate, and whether printed or in manuscript it was in possession of the house. After the able and masterly manner in which the answer had been read in the Senate, he presumed it must be fresh upon the minds of every gentleman who had attended there. For his own part the silence which prevailed in the Senate, added to the animated manner in which it was read, had made an impression upon his mind not easily to be effaced. The answer was on the clerk's table, and he had no objection to hearing it read by the clerk. But as well as the clerk of the house of representatives read, he conceived it would be no derogation to him to say, that they would receive but a faint impression of it after having heard it read in the Senate. Should they postpone it until to-morrow, what would happen then? A printed copy of the answer would be laid upon the table of every member, and it would require four hours to read it. He thought that after once perusing it, they could not have such a retention of it as from hearing it read in the Senate. However, if the gentleman from Pennsylvania wished the subject to be postponed until to-morrow he had no great objection to it.—While he was up, he would notice one observation which fell from the gentleman from Connecticut (Mr. R. Griswold) that gentleman had no objection to the filing of a general replication, provided it were done in a different style from the one reported by the Managers. In answer to this Mr. Randolph observed that the respondent had made the proceedings in the celebrated case of Warren Hastings authority for his answer; the Managers had also adopted an authority which he conceived that the gentleman from Connecticut, would consider as entitled to respect, it was the authority of Edmund Burke.—Discovering that the answer was stuffed full of evasions, and did contain a gloss coloring of facts, false and untrue, the Managers thought it their duty to draft a replication similar to the one put in by the house of Commons, in reply to the answer of Warren Hastings. He found however that the theories of the Rt. Hon. Edmund Burke agreed better with the gentleman from Connecticut (Mr. R. Griswold) than the practice.
Mr. Lucas observed that he had heard the answer of Judge Chase read in the Senate, and he believed the rest of the members did also, he would withdraw his motion for the postponement of the subject until to-morrow.
Mr. Dennis moved to amend the replication by striking out, after the words "and observe" the following: "that the said Samuel Chase hath endeavoured to cover the high crimes and misdemeanors, laid to his charge, by evasive insinuations, and misrepresentation of facts; that the said answer does give a gloss and coloring utterly false and untrue, to the various criminal matters contained in the said articles." He observed that those words were too intemperate to comport with the dignity of the house. If they were expunged, the replication would be a general one, and would answer every purpose. He did not believe the respondent wished a delay. It was true that at the beginning of the session he had wished the trial to be postponed until the next session, but having failed in that, he was now attending with his witnesses at a considerable expense, and was no doubt anxious for a speedy decision. He should vote against the replication if the words proposed to be expunged, were retained, as he would do no act which would commit the dignity of the house.
Mr. Huger called for the yeas and nays. The question was taken upon agreeing
to the amendment, by yeas and nays, and were yeas 41, nays 70.
The question was then taken upon agreeing to the replication, and passed in the affirmative, yeas 77—nays 34.
Late and IMPORTANT Foreign News.
LONDON, December 17.
We have long assured our readers that war with Spain was inevitable. We have now to state, that the die is finally cast, and that letters of marque and reprisal, which have for several days past been prepared, will immediately be issued. The chevalier D'Anduaga, the Spanish ambassador at our court, has received his passports, and purposes setting out this day on his return to Spain, accompanied by Gen. O'Farrell, an officer in the Spanish service. The grounds of war will shortly be made known to the nation by ministers; and, as we are correctly informed, a stronger case than that which will be presented, has rarely been made out on any similar occasion. Fast sailing vessels are immediately to be dispatched to our different settlements abroad. There being no Spanish ships at present in our ports, excepting those under detention by our cruisers, no order for an embargo will of course be issued. A vessel is just arrived at Sadgate creek, which sailed from Cadiz on the 20th ult. with only half a cargo, in consequence of an intimation from the British consul, that he did not consider it safe for English vessels to remain in that port, an order for an embargo being hourly expected. Six British men of war, of different descriptions, were then cruising off Cadiz. The disorder in the town had very much abated, owing to a material and favourable change in the weather.
The elector of Hesse has sent notice to Mr. Taylor, the English resident at his court, to quit his territories. He has actually taken his departure, and the secretary of legation, who officiates ad interim as charge d'affairs will speedily follow his example, and quit the electorate, with all his papers belonging to the embassy. Mr. Elliot must soon bid farewell to Dresden; and then there will no longer remain any English ministers in Germany, with the exception of those accredited to the courts of Vienna and Berlin. The British embassy, whose expected arrival at Ratisbon, was lately talked of, will not now proceed thither; the principal states of the empire having declared that the diet at Ratisbon has no relations with England, having no affairs whatever to transact with that country.
PORTSMOUTH, Dec. 16.
The following is an extract of a letter with which we have been favored, from an officer on board his majesty's ship Fitzgard, dated off Cape St. Vincent, November 28:—
"We cannot desire a better station! we heard of hostilities with Spain on the 5th of October, and on that very day we captured two ships. Lord Nelson received from us the intelligence of the rupture. We have already taken twelve ships and entertain hopes of as many more.—Yesterday we fell in with the Donegal, captain sir R. Strachan, who has taken a large Spanish frigate, after a chase of 48 hours, and 15 minutes action, in which the Spanish captain was killed; the prize was from Cadiz, with dispatches for Teneriffe and the Havana, laden with stores. The Donegal has also captured another Spanish ship, supposed to be the richest that ever sailed from Cadiz—her cargo is reported to be worth 200,000l.
"November 29.—We have this day taken a large ship from the River de la Plata.
"December 3.—Since writing the above we have captured the following ships:   Nostra Signora del Rosario, value 10000l.  Il Fortuna, 8,000  St. Joseph, 12,000  La Virgine Assumpto 6,000  Apollo, 15,000  Signora del Purescatione, 40,000  Fawket, 1,200  Gustavus Adolphus, 1,000  A Settee, 600  A ship with naval stores, 40,000 
PARIS, November 20.
Yesterday se'ennight his excellency general Knobelsdorff, envoy extraordinary and minister plenipotentiary from his majesty the king of Prussia, to the sublime Porte, charged with a letter from his Prussian majesty to the emperor, had a private audience of his majesty at the palace of the tuilleries before mass. He was introduced by his excel-
lency the minister for foreign affairs.—Several other persons were immediately after introduced, among whom were Mr. Livingston, to take leave of the emperor, Mr. Armstrong, to present his credentials, as Minister Plenipotentiary from the United States of America. Deputations from Switzerland, Holland, Genoa, Lucca, were afterwards presented to the emperor, to congratulate him on his election to the imperial throne.
December 4.
CORONATION OF BONAPARTE.
When his majesty the emperor approached the altar to be crowned, he took the imperial crown himself, and placed it upon his head; it was a diadem of oak and laurel leaves in gold. His majesty afterwards took the crown destined for the empress, and after having decorated himself with it for a moment, he placed it upon the head of his august consort. The firmness, grandeur and nobleness of her manner, drew from every quarter shouts of admiration and joy. The mixed dignity, grace and modesty, remarked by every one in the demeanor of the empress, in quitting the canopy under which she had been received at the entrance of Notre Dame, are the theme of general conversation.
NEW-YORK, February 14.
Interesting. —By the arrival yesterday of the brig Friendship, from New-Orleans, we have received papers to the 1st January, by which it appears, that some dissatisfaction prevails in that city, occasioned by a number of Spanish soldiers being retained by the marquis de Caso Calvo, late governor of the province of Louisiana. These discontents had assumed so serious an aspect, that the following resolution was passed in the legislative council, on the 29th December, immediately on their forming a quorum:
Legislative Council, December 29.
Mr. Pollock proposed the following resolution.
Whereas certain troops of his Catholic Majesty, yet remain in the city, appearing daily in the streets with arms, to the great annoyance of the good citizens thereof; And whereas a guard is regularly mounted at the house of the marquis de Caso Calvo by those troops who are said to be detained for that purpose solely; And whereas the government of the United States hath ever held inviolate the rights of hospitality, by a full protection of those who are under its laws, without foreign aid;
Therefore, Resolved, as the sense of the members of the legislative council, That such practices are not only dangerous to the peace and quiet of this city, but derogatory to the dignity of the government of the United States, and an infringement of its sovereignty.
Resolved further, that the president of the council be directed forthwith to transmit a copy of the preceding resolution to his excellency the governor of this territory.
Which resolution was read the first time and agreed to.
Ordered, That the above resolution be taken into further consideration on Monday next.
Bank of New-Orleans. —By accounts from New-Orleans, we learn, that the contemplated bank in that city has its shares nearly filled, and is expected to get into operation in a short time.
PHILADELPHIA, February 12.
Extract of a letter from New-York, dated Sunday noon, February 10.
"Charleston papers received this morning contain London news to the 27th December. Great Britain has formally declared WAR against Spain. The official declaration is contained in a Charleston paper; but as the mail is just about starting we find it impossible to forward you a copy."
MARTINSBURG, February 22.
We were yesterday again disappointed in the arrival of the Alexandria Mail, the only important one that it suits the "convenience of the Post Master General" to grant to the people of this place.—This has now occurred twice in succession; and twice successively have private persons been at the expense of procuring an express to bring that Mail from Charles-Town. The people of
Shepherd's-Town are pretty nearly circumstanced respecting the Post-Office establishment as we are. We know not how they feel upon the occasion; but with ourselves, and we believe every person here interested in the Mails for this place, there is but one opinion—and one sentiment.—We forbear to say any thing further at this time.
Impressed and imprisoned American Seamen. —The subject of impressed American Seamen has been brought before Congress, and the gentleman by whom it was introduced, Mr. Crowninshield, is entitled to the thanks of his country for the intelligence and spirit, which he has displayed on the occasion.
There is, however, another portion of this valuable class of citizens, whose lamentable fate has long and loudly called for their country's interposition—whose cruel bondage was incurred in protecting the commerce of the United States, and obeying the orders of Government; and whose continuance in chains reproaches every man of the American nation.
While thousands and tens of thousands of dollars are lavished in outfits and salaries to ambassadors, the partisans and proteges of executive influence, while hundreds of thousands are voted for palaces, and other public buildings, whence, according to Mr. Randolph, a masked monarchy is to spring upon the people—and while millions and tens of millions of the public treasure are squandered in the purchase of a trackless wilderness; not a cent is allotted to the ransom of our unhappy brethren, who are yoked to the cars, or languishing in the dungeons of a merciless foe. The interference which is taken by the government, is only of a nature to aggravate their woes, and protract their misery. A naval force, commanded, it is true, by skilful and enterprising officers, and manned by brave and experienced seamen, but utterly incompetent, in point of strength, to reducing the enemy, is sent to the Mediterranean, and is there employed, at an enormous expense, and in a manner, which only serves to provoke resentment, and to expose the lives of our gallant seamen in a fruitless war.
Instead of appropriating a sum adequate to this important and interesting service—instead of augmenting our navy so as to command the respect of the civilized world, and to impress the dread of our arms on barbarous nations, the resources of the United States are wasted on worthless and superfluous objects—and Mr. Jefferson contents himself with declaring at his table, "I would not give one landsman for two seamen," a sentiment every way worthy of the man, and which does equal honour to his feelings and his understanding.
Should Mr. Jefferson think proper to deny the declaration, which we here impute to him, we are prepared to substantiate our statement by such testimony as shall gain belief with all the world.
What think you of this, Capt. Crowninshield? judging by your late interference, we should pronounce you a generous hearted Seaman, and not likely to brook this degrading distinction. We are indeed mistaken in our idea of an honest tar, if there should be one belonging to America, who, after he knows these facts, hesitates to say, that the Lord High Admiral is a —, and no Sailor.
[Philadelphia Register.]
We hope that the following letter from one of the democratic members of Congress from the state of Vermont, will be read with that attention which independent and unyielding integrity deserves.
From the Vermont Journal.
To the People of the South Eastern District of Vermont.
Washington, December 21, 1804. Fellow Citizens,
I have received information that I am again honored, by a great majority of your suffrages, with a seat in the national legislature. This election which had been made in opposition to the influence, not only of innumerable falsehoods and slanders, but also of a caucus of many of your representatives in the General Assembly, who listened with too great facility to the false representations of my interested enemies, has excited emotions in my mind which I should in vain endeavor to express.

Almost at the moment when the election was commencing, my conscience dictated to me a dissent from the articles of impeachment against Judge Chase, adopted by a great majority of the friends of the administration: And as my conduct in that case has been represented as inconsistent, and as the political madness of the times, in certain districts, has poisoned to their sources the stream of private confidence, I shall consider it my duty hereafter to explain my conduct to my constituents through the channel of the newspapers.
In the course of the last session, Mr. Randolph demanded the appointment of a committee to enquire into the official conduct of Judge Chase, without producing a single accusation against him: and altho' at the time of making the motion the usual hour of adjournment was approaching, he made every possible effort to prevent an adjournment, and to produce an immediate decision upon the question. In this attempt he was disappointed, but the motion ultimately passed by a great majority. It was opposed by myself and others, from a conviction that it was improper to delegate to a secret committee, powers of an inquisitorial nature, in relation to the conduct of public officers, when no specific accusations were exhibited. The committee after several weeks spent in laborious examination, reported to the house, almost at the close of the session, a considerable volume of exparte testimony, consisting in a great measure of the private opinions and suspicions of lawyers, who considered themselves as brow-beaten by the judges: with this curious evidence, however, were mingled many facts of an important nature.
This testimony was immediately published in the newspapers contrary to every principle of law and justice, and the effect of this publication must have been, although the intention might have been good, to condemn the judge in the public mind before he could have time to prepare his defence. This, however, I do not charge to the account of the committee or the house. Even the report of the committee did not present any particular charge against Mr. Chase, to which he could apply his defence; it only recommended an indefinite impeachment for high crimes and misdemeanors, upon the volume of evidence. In this book I discovered no ground of impeachment, except in the conduct of the judge in the trial of Callender, to whom I thought constitutional privileges had been denied, and upon that ground alone I voted for the impeachment. My speech on that occasion was published in all the newspapers which have any considerable circulation in the district, and appeared to meet the approbation of a great number of my constituents. In this crude state, except that articles were reported and not acted on, the impeachment came over to the present session, early in which the articles were recommitted. The committee to whom they were referred, without any powers for that purpose, made a new enquiry, and reported two new articles. As in this report the conduct of the judge in Callender's case was not considered as a violation of the constitution, and as I had always been prepared to say that if it were not such a violation, it ought to be considered as a mere error of judgment: as the new articles, in my opinion, were reported without authority, were unsupported by evidence, and were insignificant in themselves; and as it was impossible to obtain arguments, I was under the necessity of voting against every article upon the final question.
These proceedings, from the first to the last, have appeared to me to constitute one of the greatest strides towards the establishment of an aristocracy in our country, that we have ever witnessed. Being in the minority, my views of the subject will probably be pronounced erroneous. But when I reflect that one of the high crimes for which Judge Chase is impeached is neither more nor less than the expression of a political opinion, I cannot but tremble, not only for the constitutional independence of the judiciary, but for the liberties of the people.
I am accused of acting under the influence of passion. It is false. No member of Congress can examine important questions with more attention, or decide upon them with more coolness, than myself—I am charged with selfish and ambitious views. This charge is false also. Had such been my views, as I early saw that certain violent and ambitious men, the more dangerous for being honest and enthusiastic, possess an almost irresistible influence upon our politics, and believed it probable that the day would come, when they would have in
their hands the disposal of the offices and honours of the nation, I should have entered in their train, and might have calculated upon receiving the reward of my servility and apostasy. But I have chosen to pursue the path of independence and integrity,—a path planted thick with thorns, but leading through the dark valley of poverty to the bright temple of honest fame. Again it is said that I do not follow the republican leaders. This is true—and I never will follow them when I think them wrong. Legislators ought to have no leaders; we must not be led at all, or we must be led to destruction.
Whatever opinion the world may entertain of my discernment, the people have told me by their suffrages, that I am not to consider myself as standing on inferior ground to other members; and I should be a traitor to their dignity, as well as to their interests, were I to acknowledge any leader. Were I doomed thus to disgrace my constituents, I should at least ask permission to wait till men of solid talents & correct principles were elevated to the rank of Congressional commanders. The doctrine that legislators are not to be disciplined like soldiers, and that we ought to support our party when we think it wrong, is anti-republican, immoral, irreligious and destestable.
My principles remain unaltered. They never can be changed. Whosoever shall hereafter govern our country, I shall support the general system of their administration, as such, and not as a party, so far as I shall in conscience deem their measures promotive of the public good and of constitutional liberty.
I am preparing for publication, at the close of the present session, a course of letters for my constituents, embracing a full view of my Congressional conduct, and of the political state and prospects of the nation.
JAMES ELLIOT.
Mr. Perkins has obtained leave to introduce into the legislature of Delaware, a bill for the gradual abolition of slavery within the state, which provides, that all children born after the passing of this act shall be free, but to remain the servant of the owner of the mother until twenty-one years of age.—It provides also for the registering by the recorder of each county of all such children, and for all slaves now in this state, and declares that all not registered within six months shall be deemed free.—It also provides against the separation of husband and wife, or child under 4 years of age, from a parent, it has passed the committee of the whole House, and its friends hope its final passage.
From the Norwich True Republican. ECLIPSE OF THE SUN.
On the 16th of June, 1806, there will be a total eclipse of the Sun, visible if the air be clear. The darkness occasioned by this remarkable eclipse, will be so great, that if our atmosphere should be free from clouds, the stars will undoubtedly appear.
A total eclipse of the sun is such a rare phenomenon in the catalogue of eclipses, that there will not probably be another of the kind, at the same place, within the period of the present generation. We have therefore, for the gratification of such of our readers as delight in contemplating the beauty of celestial phenomena, been at the trouble of making some calculations relative to the different aspects and phases of this great eclipse. The calculations are made for the meridian of Norwich, in lat. 41, 37, N. long. 72, 12, W. of Greenwich, and are as follows, viz.
   h. m. s.     Beginning of the eclipse at 9 53 A.M. ap. time.   Total darkness 11 15 53   Middle of the ecl. 11 16 30   End of total darkn. 11 17 30   Eclipse ends 12 44   Duration 2 51  
The Moon's dark shadow will cover a spot on the earth's surface of more than 200 miles broad, at all places within which the Sun will appear totally eclipsed.
This eclipse having travelled in the expansum ever since creation, fell in open space quite clear of the earth at every return of the Chaldean period, till about the middle of the 10th century, when it first touched the earth at the South pole; since which time it has continued to wear to the Northward at each periodical return of 18 years, &c.—And according to the equable motions of the Sun, Moon and retrocession of the lunar nodes, this eclipse will wear off at the North pole of the Earth about the
year A. D. 2544, whence it again commences its ethereal route from which it will not return to the Earth so as to perform the same revolution over again until after a period of more than 10,000 years.
Extraordinary Family. A gentleman from Marietta, informs that just before he left that place, he saw a gentleman of undoubted veracity, who had gone 20 miles out of his route to see a family from Massachusetts, lately settled on the Muskingum, consisting of twenty four sons, all produced at twelve births, from one woman!!! It is added, that a petition will be presented to the legislature of the state of Ohio, at their next session, to grant each member of this extraordinary family one hundred acres of land. [Centinel.]
A rule which nobody should forget. Speak as seldom and as little as may be, either for yourself, or of yourself; but let your character speak for you—Whatever that says will be believed, but what you say in commendation of your own character, instead of being believed, will but render you ridiculous.
More Fresh Goods.
The subscriber begs leave to inform his friends and the public generally, that he has just received, and is now opening, a very handsome assortment of
GOODS, suitable for the present and approaching season, which, in addition to the Stock purchased from the late firm of Smith & Co. makes his assortment complete—which he is determined to sell unusually low for Cash.
THOMAS C. SMITH. Martinsburg, February 22, 1805.
By virtue of a decree issued from the District Chancery Court holden at Staunton, in the case of William Hodgson against James McDonald, will be offered at public sale on Saturday the 23rd day of next month, at two o'clock in the afternoon, on the premises, for ready money, half a Lot of GROUND, lying on King's-street, in the town of Martinsburg, whereon are standing several useful improvements, a good looking two story STONE DWELLING HOUSE, containing six rooms with some pains bestowed on their inside work, with a cellar under the whole, a Kitchen and other common appendant buildings, with a well on the premises, though it probably does not afford water at all seasons of the year, yet it is useful for the preservation of fresh provisions. This property is perhaps best known by the name of Duncan's stone house.
ELISHA BOYD, MATTHEW RANSONE, EPHRAIM GAITHER, Commissioners. February 22, 1805.
FLOUR
WILL be carried from the mouth of Opeckon to George-Town or Alexandria, by water, for one dollar per barrel, and delivered in as good order as it is received in, by JAMES FORMAN. February 22, 1805.
TO BE LET,
For one year, or a term of years, That eligible stand for a TAVERN,
SITUATE in the Main Street, Martinsburg, which has for a great number of years been occupied as such, by David Wolgamott, deceased, and his Widow, and now in the occupancy of Mr. Jarvis Jessries.—This property consists of a commodious Dwelling House two stories high, a Well of excellent Water at the door, a good and convenient Kitchen, Stable, Granary, Sheds, good Garden, &c.—Also to be let, the House next it on the same lot, two stories high, with a good cellar under it and a good Garden, conveniently situated, and well calculated for a store or private family. Possession may be had the 1st of April next.
JACOB P. HARRIS, Guardian for the Children of Susannah Wolgamott, dec. February 22, 1805.
Dr. J. P. Harris,
ONCE more requests all who are indebted to him, to come in immediately and settle their accounts, either by paying them off, or by giving their notes for what may be due.—Being much pressed for money himself, he hopes this request will be deemed reasonable and speedily complied with.—His affairs are in such a train, that no longer indulgence can possibly be given. February 22, 1805.
Public Sale.
WILL be offered at public vendue, on Thursday the 21st of March next, at the late Dwelling house of Andrew Yates, dec'd, on Back Creek, one mile and a half from Lowry's mill, a quantity of Wheat and Corn by the bushel, and probably some Hay by the ton, Wheat and Rye in the ground, a number of young Apple trees, Cyder Mill and Cyder Barrels, Sheep, Gees, and a variety of Household and Kitchen Furniture, with other articles. The sale to commence at nine o'clock, where the terms will be made known, and due attendance given by WILLIAM LOWRY, Executor. February 22, 1805.
N. B. IF not sold at private sale, previous to the 21st of March, will then be offered at public vendue, the late dwelling Plantation of Andrew Yates, dec'd; if not then sold it will be rented and possession given the 1st of April. This Land, for conveniencies and raising of produce, is scarcely equalled by any in the settlement. It is thought needless to give any further description of said Land, as any person wishing to purchase will view the premises. For further information apply as above. W. L.
TO BE RENTED or SOLD,
ON the 5th day of March next, a valuable PLANTATION, late the property of Valentine Linghamfelter, deceased, lying on Potomak river near the mouth of Opeckon, in Berkeley County—the terms will be made known on the day of sale. On the same day will also be sold a number of Feather Beds, a Loom and Tackling, a set of Smith's Tools, Farming Utensils, a Wagon and Horses, Milch Cows, a number of Young Cattle, Household and Kitchen Furniture—Also, a quantity of Corn, Wheat, Rye and Oats, by the bushel; some Hay, two good Stills with Tubs, and a number of other articles too tedious to mention. Nine month's credit will be allowed on giving bond with approved security. The sale to begin at ten o'clock, when due attendance will be given by ABRAHAM LINGHAMFELTER, JACOB LINGHAMFELTER, Executors. February 22, 1805.
FOR HIRE,
A Negro Woman,
about twenty years old, well acquainted with every kind of house work, and is a good hand out of doors.—Also,
A Negro Boy,
about sixteen, who understands farming tolerably well.—A country situation would be preferred. Inquire of the Printer. February 22, 1805.
WANTED IMMEDIATELY, A
WEAVER,
Who can come well recommended.—A young man will be preferred. Apply to the subscriber, living near the head of Dry Run. THOMAS THATCHER. February 22, 1805.
THE subscriber wishes to employ,
for the present year, an industrious sober young man, to whom generous wages will be given. JONATHAN GARARD. Near Mill-Creek, February 8, 1805.
Cash given for clean Linen and Cotton RAGS, at this Office.

THE Partnership of Thomas Smith, & Co. has this day expired agreeably to the original agreement between the parties. There being no claims against the said firm, all persons in any wise indebted to it, are requested to call upon THOMAS C. SMITH , who is fully authorised to grant receipts and acquittances.
PHIL: C: PENDLETON, DAVID HUNTER, Executors of P. Pendleton, dec'd. THOMAS C. SMITH. Martinsburg, February 4, 1805.
THE business will in future be continued by THOMAS C. SMITH.
For Sale.
WILL be exposed at public sale, on the 12th day of March next, at the subscriber's dwelling house in Charles Town, Jefferson County, the following Property, viz:
ONE set of Mahogany Northumberland Tables, one Breakfast ditto, one ditto Desk and Book Case, one ditto Bureau, one Walnut Dining Table, one ditto Candle Stand, one Settee, one and a half dozen Winsor Chairs, four Feather Beds and Bedding, one large Looking Glass, one Marble fram'd Time-piece, two sets Silver Spoons, one ditto Ladle, one pair Brass And-Irons and Fender, a quantity of Kitchen Furniture, one Negro Man and Woman, both well acquainted with house business, one Brood Mare, one Milch Cow, one elegant GIGG, with Silver plated Harness, with a number of other articles unnecessary to mention. A credit of six months will be given on all sums above two dollars, the purchaser giving bond with approved security. The sale will begin at ten o'clock, and due attendance will be given by
JOHN KENNEDY. February 8, 1805.
He will rent his DWELLING and STORE HOUSE.
STRAY SOW.
CAME to the plantation where the subscriber now lives, last fall, an estray SOW, marked with a slit in the left ear, and a swallow-fork in the right, of a blue colour; appraised to five dollars and twenty-five cents. The owner is desired to prove property, pay charges, and take her away.
HENRY SNYDER. Berkeley County, February 8, 1805.
Public Sale.
WILL be sold at public vendue, on Saturday the 23rd instant, a BRICK HOUSE and a LOT OF GROUND, in Shepherd's-Town, lying on Washington street, the House is 30 by 23 feet, a story and a half high, there are three rooms with a fire-place in each, and a Kitchen under the House. On the Lot is a good Stable.
Two hundred dollars must be paid on the day of sale, and a short credit will be given for the balance.
ISAAC KROESEN. February 8, 1805.
NOTICE!
THE subscriber being determined to settle up his out-standing accounts, requests those indebted to him to call and pay off their bills, or give their notes for the amount. Those who fail to comply, need expect no indulgence.
THOMAS PATTERSON. Martinsburg, January 25, 1805.
INFORMATION.
THOSE indebted to the subscriber are requested to make payment by the 25th instant, as he has a number of small debts in the country at a considerable distance which are inconvenient for him to send after. Every person neglecting the payment of such debt or debts, against the time above mentioned, are assured that their accounts will be put in a course of law for collection.
LUCAS S. GIBBS, M. D. Martinsburg, February 1, 1805.
N O T I C E.
THE subscriber being extremely anxious to close the business finally of the old concern of James S. Lane, & Co. earnestly requests all those indebted to said concern, to discharge their respective balances on or before the first day of April next, as he is positively determined (without respect to persons) to put all bonds, notes and accounts, which remain unpaid on that day, into the hands of an Attorney at Law. It is now upwards of fifteen months since the dissolution of the partnership, and no longer indulgence can or will be given, after the first day of April next.
He will receive Tobacco, Flour, Corn, Wheat, Rye, Oats and Flax-Seed in payment, which will prevent the common excuse, the want of money.
JAMES S. LANE. Shepherd's-Town, } January 18, 1805. }
NOTICE!
ALL persons indebted to the subscriber, either by bond, note, or open account, are requested to come forward and settle their respective dues, on or before the first day of April next, otherwise they will be put into the hands of an Attorney at Law for collection.—No longer indulgence can or will be given after the first day of April next.
JAMES TOOLE. Darksville, January 25, 1805.
FOR SALE,
A PLANTATION, containing about 180 acres, about 100 of which are cleared; there is a convenient Dwelling House and Kitchen and a good Barn on the premises; near the House is a Well thirty feet deep, which never goes dry when kept clean; on one part of the Plantation there is a large and excellent Spring.—The Land is of a superior quality; it lies on the road leading from Martinsburg to Boyd's Ferry, and is about six miles from the former place.—If it is not sold before the first day of April next, it will be rented for one year. For terms apply on the premises, or to the subscriber in Martinsburg.
IGNATIUS PRICE. January 25, 1805.
To be Sold,
ONE House and Lot, No. 26, in the Main Street, Shepherd's-Town, in front 69 feet, and 206 back to the alley. Likewise, one Out Lot, corner to Lot No. 3, containing 4 acres 152 poles, under good fence. Any person wishing to purchase said property, by applying to Mr. Ebborts, tavern keeper in said town, will be shewn the Lots and boundaries. The House and Lot will be sold separate from the Out Lot if the purchasers choose it. The terms will be made known by applying to the subscriber, living at the Sulphur Spring, Berkeley County.
JOSEPH MINGHINI. January 25, 1805.
VALUABLE PROPERTY, For Sale or to be Rented.
A HOUSE and LOT, situate in Charles-Town, Jefferson County, near the Court-House and adjoining the Public-Square. The Building is of frame neatly weather-boarded and painted white, two stories high, three rooms on the lower floor and four on the upper, and all handsomely finished; a large Kitchen, Meat-House, and convenient Stable; in front of the House a spacious yard handsomely ornamented with Lombardy Poplars and other trees, and in part enclosed by an excellent stone wall. Extraordinary labour has been bestowed on the Garden, about the one half of it has been dug to the depth of three feet, all the rocks taken out, filled up again with earth, and completely enclosed with a stone wall. This Property is in itself well calculated to suit either a private family, or one who wishes to keep a House of Public Entertainment, its situation in this respect is not equalled by any in the County, and if kept by a genteel person must command at least an equal share of the public business in this place.
ALEXANDER SANDERSON. Charles-Town, January 25, 1805.
The last Notice
IS hereby given to those persons indebted to the estate of Joseph Park, deceased, that if their several accounts and obligations are not paid up by the 15th of March next, they will be put into the hands of an Attorney for collection, without respect to persons—and all those who have any demands against the estate, are requested to bring them in for payment to
WILLIAM WILSON, Acting Administrator. Prospect-Hill, November 30, 1804.
Winter Goods and Groceries.
THE SUBSCRIBER Has just received and finished opening, (part from Philadelphia and part from Baltimore,) a very large supply of
Choice Winter Goods and Groceries,
Which, in addition to his former stock, makes his assortment more complete than ever, consisting of almost every article in the Dry Goods and Grocery line, too numerous to particularise—all which he begs leave to offer his friends and the public in general, at the most reduced prices for CASH or COUNTRY PRODUCE, or on the usual credit to punctual customers.
WARRANTED Bolting Cloths,
Superfine, Common and Midling, of the first quality, for sale on the usual terms.
N. B. He offers the highest price in Cash, for Wheat, Rye, Corn, Oats, or Flax-Seed.
With the greatest esteem, He remains the public's obt. and humbl. servt. PHILIP NADENBOUSCH. Martinsburg, January 11, 1805.
FOR HIRE, TWO Negro Girls,
One about fifteen and the other sixteen years old; they have both been accustomed to house-work, and one has for some time past been a cook. An employer in the country would be preferred. Inquire of the Printer.
January 11, 1805. (wtf)
LANDS FOR SALE.
THE subscriber wishes to sell the Plantation whereon he now lives, situate on Back Creek, Berkeley County, 7 miles from Martinsburg and 15 from Bath, containing 333 acres of good strong Lime-stone Land, well watered, with at least 7 springs—150 acres are cleared and well enclosed, 8 acres of Meadow are made, and more Meadow land; the remainder of the tract is well covered with fine timber.—On the premises are a convenient Dwelling House, newly finished, Kitchen, a large Barn, Distillery, Falling Mill, and some out houses, with a number of Fruit trees.—There is a good mill-seat, with a sufficiency of water, on this tract.
He will also sell one other tract of Land, situate on the river Potomak, near Richardson's Ferry, containing 102 acres, 40 of which are cleared, the greater part river bottom, the remainder of the Land is well timbered, and has a large sugar-camp on it—a small House is now built, and logs ready for raising a larger one. For terms apply to the subscriber.
WILLIAM SNODGRASS. Back Creek, June 22, 1804.
FOR SALE, A VERY VALUABLE Negro Man,
about 30 years old, remarkably strong, healthy, and well acquainted with every branch of Farming business. For further particulars inquire of the Printer.
February 1, 1805.
NOTICE.
I WILL engage to have Superfine FLOUR made at my Mill, out of Wheat weighing 56 lbs. or upwards, per bushel, and stand the inspection until the 11th of May next.
STEPHEN SNODGRASS. Back Creek, February 8, 1805.
FOR SALE.
Pursuant to the last will and testament of Robert Creighton, dec'd, a valuable
Tract of Land,
Lying in the County of Berkeley and State of Virginia, three miles from the town of Martinsburg, on the road leading to Williamsport, eighty-five miles from the City of Baltimore, seventy-five from the City of Washington, and eighty miles from the town of Alexandria—containing six-hundred acres, one half cleared and under good fence, the balance well clothed with timber: There are on said land a number of never failing springs, and a sufficient quantity of Meadow: This Tract would suit well to be divided, as there are two Dwelling Houses, two Double Barns, and two Orchards of choice Fruit. It lies five miles from the river Potomak, the navigation of said river is now completed, produce may be conveyed down the river to the City of Washington and to the town of Alexandria at a small expense. For terms apply to William Riddle, of the town of Martinsburg. A good title will be made the purchaser by
WILLIAM RIDDLE, and Wm. CREIGHTON, } Exr's. Martinsburg, February 1, 1805.
NOTICE.
BY virtue of a deed of trust, to us executed by Matthew Whiting, we shall proceed to sell at public auction, at the Mansion house of the late William Henshaw, deceased, on the 28th day of March next, for cash, one Negro boy named Prince, the property of the said Whiting. Due attendance will be given by
ADAM S. HENSHAW, WASHINGTON HENSHAW. Berkeley County, January 18, 1805.
EDUCATION.
IN consequence of the application of several of my friends, I propose to continue my customary practice for the education of youth, in the house where I now live, wherein will be taught the English Language grammatically, Reading, Writing and Arithmetic.—As I design conducting the education in some measure systematically, I shall expect that each pupil upon entering the school, will be furnished with necessary books. I pledge myself that no effort on my part will be wanting to render satisfaction to those who may place their children under my care. Tuition, 2 dollars per quarter, one half paid in advance.
Those who intend to send scholars, will enter their names with me by the 4th day of March.
JOHN BOND. Mrs. BOND.
Will continue to teach Young Ladies Plain Sewing, Tamboring, Open Work, Feather Work, Netting, and Mantua making in all its regular branches. Martinsburg, February 15, 1805.
A GENERAL meeting of the Overseers of the Poor of the County of Berkeley, is appointed to be holden at Martinsburg, on the first Monday in March next, being the fourth day of the said month. The Overseers are desired to attend, and all other persons having business with the board.
By order of the board. Attest, ROBERT COCKBURN, c. o. p. February 15, 1805.
PRINTING,
In all its variety, executed at this Office with correctness and expedition.
MARTINSBURG, Berkeley County Virginia; Printed and published by JOHN ALBURTIS.
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.