Norfolk gazette and publick ledger (Norfolk [Va.]), 1805-02-27 00:00:00

NORFOLK GAZETTE AND PUBLICK LEDGER.
VOL. I.]
WEDNESDAY EVENING, FEBRUARY 27, 1805.
[NO. 99.]
I WANT TO CHARTER, A BRITISH VESSEL, of about 200 tons burthen, for Europe. MOSES MYERS. February 25. tf 453
FOR ALEXANDRIA, THE SCHOONER ANNE, Captain Jackson, Will sail on Friday. For freight or passage, apply on board at Maxwell's Wharf, or to JAMES WALLACE. February 25. 3 449
For Sale or Charter, THE BRIG DRAKE, William Wilson, master, burthen about 1000 barrels. She can take in a cargo in a few days. JAMES DYKES, & Co. February 22. 3t 445
Now landing on Commerce-street Wharf, from on board the Schooner Columbia, from Martinico, 7 Hhds. } Sugars of 1st quality. 16 Tierces } 7 Barrels } 14 Hogsheads MOLASSES—offered for sale by PHINEHAS DANA, & Co. February 22. 446
The said VESSEL, will take freight for any Port in the neighbourhood of Edenton, N. C. February 22. 446
FOR SALE, The Schooner ARGUS, A fine vessel of 700 Barrels burthen—six months old—was built on East River; sails well, and is now in complete order. ALSO,
A FAST SAILING NEW PILOT BOAT BUILT SCHOONER of about 98 tons burthen, now lying at Newton's Wharf. For terms apply to WILSON, CUNNINGHAM & Co. February 20. 9 441
FOR FREIGHT, (To Lisbon, or Oporto,) THE SNOW MARY, O. Rich, Master:— Burthen 160 tons, a staunch good vessel. Apply to the Master on board at Newton's Wharf, or to WILLIAM PENNOCK. February 18. tf 430
FOR LONDON, The new fast sailing ship MEDFORD, Josiah Barnard, Master:— Will sail by the 21st instant. For passage only (having good accommodations) apply to the Master on board, or to MOSES MYERS. February 13. 421
WHO OFFERS FOR SALE, 1000 Barrels Superfine FLOUR. 100 do. Fine do. February 13. tf 421
LANDING On Town Point, out of the Schooner Sarah, from Guadalupe, 78 Casks GREEN COFFEE. 40 Hogsheads Clayed and Muscovado SUGAR. For sale by ROBERTSON & BROWN. ON HAND, OF OTHER IMPORTATION. Jamaica and St. Vincent Rum. Cognac BRANDY. Madeira WINE, old and fit for immediate use. 5000 Bushels Coarse SALT, a-float.—Which will be sold low, taken from a long side.
A FREIGHT For a fine Coppered Ship, of 200 tons, is wanted for a port in France. Apply as above. February 15. tf 426
FOR SALE, FREIGHT, OR CHARTER, The fine fast sailing Brig EDWARD & CHARLES, Edward Pettigill, Jun. Master:— Burthen 130 tons or 1500 barrels—about two years old; will be ready in two days to receive a cargo.—For terms apply to the Master on board, or to PHINEHAS DANA & Co. WHO HAVE RECEIVED Per said vessel from St. Thomas, and offer for sale, 2300 lbs. Prime GREEN COFFEE. 10 Tons FUSTICK. 2 do. LOGWOOD. February 15. tf 428
FOR FREIGHT OR CHARTER, The Schooner VICTORY, Ebenezer Leacock, Master:— Burthen 120 tons, a staunch strong vessel.—For terms apply to the Master on board, or to PHINEHAS DANA & Co. WHO OFFER FOR SALE, RECEIVED PER SAIL VESSEL FROM SALEM, 18 Hogsheads, } M. E. RUM. 4 Barrels, } 10 Tons PLAISTER PARIS. 120 Small Kegs SOUNDS & TONGUES. February 13. tf 416
NOW LANDING From on board the Ships Juno and Courtney, from Jamaica, 250 Hogsheads RUM. For sale by WILLIAM PENNOCK. WHO OFFERS FOR CHARTER, THE SHIPS JANE, of 417 Tons. JUNO, of 260 do. COURTNEY, of 200 do. All ready to receive cargoes. January 21. tf 358
A vessel of to about 150 200 tons burthen is wanted on Charter, for Jamaica. JOHN GRANBURY. February 18. tf 434
FOR SALE OR FREIGHT, (TO CHARLESTON, S. C.) The fine new fast sailing Pilot Boat built Schooner CHANCE, Captain JOHN ABBOTT. 75 tons burthen or 400 barrels, completely fitted for sea, and now ready for the reception of a cargo. For terms apply to JOHN STRATTON. February 11. tf 407
FOR SALE, (if applied for in three days) The fast sailed Schooner PHOENIX, Now laying at Newton's wharf, burthen 100 tons, and only one year old. Apply to the master on board, or William Pennock. December 5. 269
WHO OFFERS FOR SALE, 50 Tons PLAISTER of PARIS, on board said Schooner. December 5. 269
FOR SALE, A very superior PILOT BOAT, Just launched, of the following dimensions, 38 Feet 6 inches Sraight Keel. 15 do. 6 do. Beam. 6 do. Hold. Now lying at Newton's Wharf. For terms apply to Wilson, Cunningham & Co. WHO HAVE IN STORE, 25,000 lb. COFFEE. 20 Tierces Dutch LINSEED OIL. November 16. tf 233
FOR CHARTER, THE AMERICAN SCHOONER THOMAS, Burthen 800 Barrels. In complete order to receive a cargo. C. & F. WHITTLE. February 13. tf 410
THE Commissioners in a Commission of Bankrupt, awarded and issued against JOHN COWPER & Co. do hereby give notice, that James Howat, Francis S. Taylor, and John Davidson, late Assignees of the Estate and effects of said Bankrupts, have been discharged (at their own request and desire) from being Assignees, and that James Tucker, is appointed Assignee in their stead, and that the said Bankrupt's Debtors, are not to pay their Debts to the Assignees removed. February 13. tf 414
NOTICE. ALL Persons indebted to the Estate of JOHN COWPER & Co. are called on for an immediate settlement.—Suits will be issued against all Debtors to the Estate, (who refuse to comply with this request) in ten days from this date. J. TUCKER. February 13. tf 413
NOTICE. ALL persons indebted to the Estate of CORNELIUS CALVERT, Esq. deceased, are requested to make immediate payment; and if any persons should have any claims, they are requested to bring them forward, properly attested, and they shall be paid by JAMES TUCKER, Executor. WHO WILL RENT Some Warehouses on Calvert's Wharf, or will receive Goods on Storage, on the most moderate terms. February 13. 5 411
BUTTER FOR SALE BY PHINEHAS DANA & Co. February 11. tf 405
FRESH RAISINS. A FEW FRAILS OF FRESH RAISINS AND FIGS. For Sale by MARTIN FISK. January 11. tf 336
AN APPRENTICE WANTED TO ATTEND A Wholesale & Retail Dry Good Store, a Lad of about 16 years of age, honest, and industrious, of a good education, and gentle connections.—None need apply without solid recommendation.—Inquire of the Printers. N. B. One from the Country would be preferred. February 15. 6 420
WILL BE LANDED, From Brig Triton, from Copenhagen, 40 Tons Petersburg Clean HEMP. 20 do. Best quality SWEDISH IRON. 300 Bolls RUSSIA CANVAS. 100 do. RAVENS DUCK. For sale by WILSON, CUNNINGHAM & Co. February 15. tf 424
DESERTION. DESERTED from this Garrison, on the night of the 13th instant, CHARLES SHUNK, a Private in my Company of Artillerists—he is a German by birth, twenty years old, five feet four inches high, light sandy hair, light blue eyes, fresh complexion, by occupation a Baker. Ten Dollars will be given as a reward, on his delivery at this Garrison. J. SAUNDERS, Capt. U. S. Art. Commanding. Fort Nelson, February 15. 1m 425
FOR SALE, A PEW in Christ Church. Apply at the office of the Publick Ledger. Jan. 21. tf 357
FOR SALE, (if applied for immediately,) The Cargo of the Ship St. Salvatore, CONSISTING OF 200 Hogsheads MOLASSES, 50 Tons Camppeachy WOOD, 23 Logs choice MAHOGANY, JAMES HERRON. ALSO, 150 Barrels MEAL, containing 4 bushels each, prepared for family use. February 22. 3t 447
IF JAMES MITCHELL, A SEAMAN, who was lately in the Marine Hospital at Norfolk, will apply at the office of the Publick Ledger, he will hear that there is still a shot in fortune's locker for him. Any person reading this notice, who can direct our inquiries after the above distressed man, will, by doing so, perform an act of humanity, and may be the means of relieving a fellow creature from want and misery. February 25. tf 451
ALL those who have any demands against the estate of HANNAH BLAKE, deceased, are desired to bring in their accounts, properly attested, as speedily as possible. I wish to settle the estate immediately, and no further notice will be given by GEORGE WHITTINGTON, Adm'or. Portsmouth, February 25. 3* 452
FOR SALE—A-FLOAT. 96 Barrels X MIDLINGS. 27 do. STRAIGHT do. 76 do. SHIP STUFF. JAMES HERRON. February 25. 2 454
A COOK, Who can be well recommended for sobriety and knowledge of his business, will find immediate employment at the NORFOLK HOTEL. February 25. tf 450
At a meeting of the TRUSTEES of the NORFOLK ACADEMY, held the 26th day of January, 1805. The Board proceeded to elect by ballot, a Master for the Academy, and on counting the votes, Edmund M'Guire, Resolved, That the Master of the Academy be allowed for teaching at the following rates, viz. For the English language, writing, and arithmetick, 12 dollars; for the English language, writing, arithmetick, and the higher branches of mathematics, 20 dollars; for the Latin and Greek languages, and mathematics, 30 dollars; and for the Latin, Greek, and French languages, mathematics, natural philosophy, and logic, 40 dollars per annum, which shall be paid quarterly in advance. Extract from the minutes, A. JORDAN, SECRETARY. February 22.
THE TRUSTEES wishing to promote the success of the institution, by every means in their power, and being of opinion that the Academy was improperly situated for a Publick School, have taken the house on Bragg's Point, owned by Mr. Boush. The accommodations are adequate to the objects of a large number of pupils, and the schools will commence on Monday next. Mr. Gibbon will have the instruction of the Scholars in English, arithmetick, and the other branches of mathematics. The Latin and Greek school will be wholly attended to by Mr. M'Guire. A French teacher is provided, and will be ready to engage in his duties when a sufficient number of scholars offer. February 22. tf 448
Valuable Lands and Property, IN NORTH-CAROLINA, KENTUCKY AND VIRGINIA, ON the first Monday of April next, at seven o'clock in the evening, (if not previously disposed of at private sale) at the Merchants' Coffee-house, in the city of Philadelphia, by order of the Assignee of M'Calmont & Boys, will be sold, to the highest bidder, all the right, title, and interest, which they had and assigned for the benefit of their creditors in the Mortgages, Land, and Property, following:— A Mortgage dated 8th November, 1799, by John Shaw to John Hamilton, of one fourth part of a Tract of Land and Swamps, in Camden County, North-Carolina, called "The New Lebanon Estate," containing 24,000 acres, more or less. A Mortgage dated 8th November, 1799, by John Shaw, and Matthias E. Sawyer, to John Hamilton, of one half of a Tract of Land, called "The Old Lebanon Estate," situate at the head of the County of Camden, in North-Carolina. These two mortgages were given to secure the payment of a Bond dated 6th Sept. 1797, in which John Shaw and others are bound in the penal sum of 15,000 dollars, for the payment of 8,000 dollars, with interest, to John Hamilton, on or before the 23d of September, 1799; and were assigned by him (that part of the "Old Lebanon Estate" which he claims under M. E. Sawyer only excepted) to Samuel Boys on the 18th April, 1803, upon his paying to the mortgagee 5600 dollars, &c. being the amount of principal, interest and costs then due on the mortgages. This assignment was made in pursuance of a decree of the Court of Equity in the district of Edenton, and the consideration money advanced by the Assignee of M. & B. for the benefit of their creditors, and by their request. A mortgage dated April 4th, 1800, by John Shaw to M'Calmont and Boys, of one undivided fourth part of "The New Lebanon Estate," above described, and one undivided sixth part of "The Old Lebanon Estate," containing 7,000 acres, more or less. This Mortgage is conditioned for the payment of a Bond in which John and William Shaw are bound for the payment of 56421. 10s. Pennsylvania currency, to George M'Calmont, on or before the 20th June, 1800, with interest. These three Mortgages (excepting that part of the Old Lebanon estate which J. Hamilton claims under M. E. Sawyer) with the debts secured thereby, will be sold together. The immense value of the Estates mortgaged, affording an exhaustive supply of all kinds of Lumber, and in the neighbourhood of and partly bounded by the Lebanon Canal, gives the most ample security for the mortgage money; and its amount will probably put it in the power of the purchaser to become entire owner of the shares of the estates mortgaged. A mortgage dated 5th Sept. 1799, by Robert Camp to G. M'Calmont, of a Tract of Land in Prince William county, Virginia, on the main run of Occoquan, for securing the payment of 850 dollars, with interest. This Mortgage is duly recorded, &c. Also, all the right and title of Samuel Boys, and by him assigned for the benefit of his creditors, in the following valuable Tracts of Lands in Kentucky: ACRES. 22,000 in Jefferson county, Floyd's Fork. 6,847 1-2 in Elk county, on the waters of Elkhorn, about ten miles from Frankfort. 2,000 corner of Elkhorn creek, waters of Ohio, adjoining land of Lowry Griffin's Creek. 290 in Bourbon county, Licking creek. 400 do. do. 1,000 in Bourbon county, north fork of Licking, adjoining a survey of Joseph Russell, of 306 acres, to the north. 4,406 in Clark county on Miller's creek. 1,494 } In Floyd's Fork. 178 } 1,000 } 10,000 on Rock Castle. 50,000 on Green river. 6,800 on North Elkhorn. 4,000 on Miller's creek. 6,000 Licking creek. 2,000 on Harden's creek, military lands. 1,000 on North Fork of Beargrass, an old military claim. 500 on Salt river, Harden's creek, Floyd's Fork. 18,000 surveyed for the estate of F. Lewis, deceased. 1,000 do. Fishpool. 1,000 on Floyd's Fork. 6,000 on Harden's creek, opposite the mouth of Eagle creek. 1,000 on Rolling creek. A liberal credit will be given and the conditions of sale made known at the time appointed, or previously upon application to the subscriber, who will give information as to title, quality of lands, &c. and is authorised to treat with persons inclined to purchase by private contract. WILLIAM MEREDITH, Attorney for the assignee of M'Calmont and Boys Philadelphia, January 22. 29w1A. 480
Will soon be put to Press, and in a short time published, a work, entitled, REVOLUTIONARY ANNALS, OR HISTORY OF THE FRENCH REVOLUTION, FROM THE CONVOVATION OF THE STATES-GENERAL TO THE TREATY OF AMIENS IN 1802. PART V. Embracing the History of BUONAPARTE During the three first years of his Consulate. Translated from the French Manuscript of J. H. de Croisier, By L. H. Girardin, Professor of Modern Languages, History, and Geography, in the College of William and Mary. Printed for the Proprietors, at the office of the Publick Ledger, February 20. 1aw 437
I will Rent to any respectable Person, ONE half of the WAREHOUSE occupied by me on Maxwell's Wharf, either the lower or upper part of it. JOHN C. NIEMEYER. February 20. 3 442
TEN DOLLARS REWARD. RANAWAY from the subscriber, on Thursday evening last, a negro fellow, named SAMUEL BARKER.—He has a yellow complexion, is five feet five and a half inches high, about 28 years of age, and has a large scar over his left eye. He wears a ring in each of his ears, and had on when he eloped, a double breasted coat. There can be little doubt of his attempting to pass as a free man, as a forged certificate of his freedom was found the day after he went off. The above reward will be given to any person, who will secure him in jail, so that I get him again. JOHN FOSTER. Richmond, February 18. 3 439
A CHOICE PARCEL OF FINE IRISH LINEN, Imported from Dublin, per ship Medford. For sale by MOSES MYERS. February 15. tf 422
TO RENT. THAT excellent DWELLING-HOUSE and GARDEN, lately the residence of Cornelius Calvert, Esq. deceased, with or without the WHARF, and immediate possession given. For terms apply to J. TUCKER. January 30. tf 377
WE HAVE FOR SALE, 650 Barrels Fine, } FLOUR—Harall's Brand. 350 do. Superfine, } ALSO, 100 Barrels SHIP STUFF, and a quantity FRESH MEAL, in Bags and Barrels. J. & W. SOUTHGATE. February 11. tf 402
NOTICE. THE PARTNERSHIP OF STRATTON & COLE, Will dissolve by mutual consent, on Thursday the 14th of March next. ALL those who are indebted to them, are requested to make immediate payment, as no indulgence can be given:—And those who have claims, will bring them in for adjustment, and payment as quick as their business can be settled. On the same day, will be Sold, at Publick Auction, if not previously disposed of at private Sale, ALL THEIR STOCK OF GOODS, CONSISTING OF A GENERAL ASSORTMENT OF GROCERIES AND SHOP UTENSILS. ALSO—THE TWO HOUSES, Now occupied by them on Campbell's Wharf, which is an excellent stand for business. JOHN STRATTON, JOSIAH COLE. February 8. tf 400
The Subscribers have for Sale 100 Hogsheads Old TOBACCO. 106 Punched high proof Jamaica RUM. 30 Hogsheads CLARET. 200 Barrels Superfine FLOUR. 300 do. Prime PORK. C. & F. WHITTLE. February 6. tf 397
NORFOLK DRAW-BRIDGE COMPANY, JANUARY, 14th, 1805. THE Directors have this day declared a Dividend of five per cent, on the Capital Stock, for the half year, which will be payable to the Stockholders, or their legal representatives, after the 14th February next. 350 WILLIAM CAMMACK, Treasurer.
WE HAVE FOR SALE, 1,000 Barrels TURPENTINE. 1,000 do. TAR. 100,000 Red and White Oak Hhd. STAVES—and 8 Pipes of BRANDY. Gilliat & Mackinder. November 5. tf 222
NOW LANDING From on board the Brig Maria, Robert Hatten, master, from Borne deaux, 30 Pipes Old COGNAC BRANDY, fit for immediate use. 211 Hhds. CLARET, fit for the West India Market. 100 Casks, do. do. 50 do. Vin de Grave. do. 500 DEMIJOHNS. 2 Trunks of Silk Stockings, Silk and Kid Gloves and Fans. For sale by William Pennock. Sept. 1. tf 115
THE SUBSCRIBER, HAS FOR SALE, AT HIS BAKE-HOUSE, No. 1, Commerce-Street. 400 Barrels Navy, } BREAD. 200 do. Ship, } 200 do. Pilot, } CRACKERS, Of the first quality, in Barrels, Half Barrels, Quarter Barrels, and Kegs. STEPHEN HARRIS. February 1. tf 382
NOTICE. HAVING given Mr. STEPHEN HARRIS, a concern in my Business, the Firm in future, will be PHINEHAS DANA & Co. January 2. tf 407

WEDNESDAY EVENING, FEBRUARY 27, 1805.
The Impeachment.—In the Ledger of this day we lay before our readers the conclusion of Judge Chase's answer. In this very important document he conducts us along the clear path of reason, to the natural inference which forms the plea to each article of impeachment; and when it is read every man who is solicitous, if not for the honour and justice of his country at least for his own liberty and independence, must say that the judge "is not guilty of any high crime or misdemeanour."
The part of the answer published this day, replies to the 5th, 6th, 7th, and 8th, articles; the two latter of which ought not to have been advanced as crimes; the seventh being, so far as admitted by the judge to be at all applicable to his conduct, a clear exercise of his judicial right; and the eighth being an exercise of the right and liberty which he, in common with every other member of the community, possessed, of delivering his sentiments upon political subjects, without vouching for their being correct. Many of the readers of the Ledger have, no doubt, seen the garbled form given by the impartial Sammy Smith to the charge of Mr. Chase, which is made the ground of impeachment in the 8th article; whether that wretched gentleman has ventured to swear to the truth of his own publication we know not; if he has done so, it is no more than charity in us to pray that God may pardon him!—Many of our readers may also have seen a copy of the political parts of that charge, as published, from the manuscript of the judge, in the Anti-Democrat of the 1st of July 1803, then conducted by one of the present editors of the Ledger; to the fact, that that publication contained the true words of Mr. Chase, and that they materially differed from those ascribed to him, and the interpretation affixed to them, by the National Intelligencer, the editor of the former would at any time be willing to add his suffrage in the most solemn form. If on this charge Mr. Chase is to be found guilty of a crime, we may at once bid adieu to all our rights of speech or discussion: we shall next expect to hear that some other judge who may not exactly please the ruling party, has been impeached for degrading his high judicial character, by giving a vote at an election, in favour of a candidate whose politics may be opposed to their wishes.
If any one has heretofore entertained a doubt that the object of Mr. Randolph, and his squad, in seeking this impeachment was mere oppression, let him ask his own breast what was the motive which could induce the uncañdid, the unprincipled, the false, statement which is given of the law of Virginia in the fifth article? The answer must be a hope that the suppression of the important words "or other proper process", did not proceed from a deliberate intention to impose upon the Court of Impeachment an erroneous impression concerning that law, and thereby, in open defiance of truth, of honour, of justice, and of humanity, to procure the condemnation of the accused. If such was the motive for garbling this law, when detected and exposed in such a barefaced, such a daring imposition attempted to be practised on the court; when detected and exposed in such a nefarious attempt to obtain a decision against a man, and to fix a stigma on his character, by mistating both law and fact; what opinion ought the world to affix to the framers of the articles of impeachment? What degree of credit ought the court to attach to any thing that should afterwards proceed from the same source; We dare not entertain the degrading idea that such was the object of this omission: we will rather suppose that they, as well as the Judge, were ignorant of a statute which they have rather alluded to than cited.
From a view of the whole answer, we feel so thoroughly convinced of the innocence of Judge Chase, that we entertain very little doubt of his acquittal. We think that to pronounce him guilty of a high crime or misdemeanour upon any of the articles of impeachment, as they now stand, would be to abandon all claim to the character of impartiality. We sincerely hope, and indeed feel a degree of confident belief, that the future historian, when alluding to the present period, will never have it in his power thus to characterize the Senate of the United States.
Detestable Barbarity.—We would wish to enjoin it as a positive duty upon every one who reads the following relation of a most unnatural murder, to be particularly vigilant in their endeavours to detect the inhuman villain who perpetrated it. There is no knowing into what part of the world the hope of safety may drive him.
A SAVAGE RUFFIAN! TWO HUNDRED DOLLARS REWARD!
On the 10th instant, STEPHEN ARNOLD, of the town of Burlington, county of Otsego, and state of New-York, returned home from a school he was teaching in the neighbourhood, and inquired of a little orphan girl of six years of age, who lived with him, whether she could spell and pronounce GIG aright, she immediately replied "yes sir," but being terrified by the severity of his manner, or not having acquired the command of articulation or possibly, but not probably, from a perverse humour, she pronounced it JIG. He then went out and collected a number of green rods or switches about three feet in length, with which he returned, and threw them down by the fire, declaring that he would whip her until she pronounced the word aright; his wife observed that the sticks were too big, he said he would fix them; and placed them in the embers and twisted them so as to render them supple; he then took six or seven of them and the affrighted child, out of the house, into the severely cold evening air, and turning her clothes over her head, to prevent her screams being heard, and closing them in his left hand, which he rested on the top of a stake or post, held the child up in that manner with her body entirely naked, and whipped her for some time with great severity, when being himself cold, he took her into the house, and asked her if she would pronounce
the word right, she as before, replied in an humble and obedient manner, "yes sir," but could not or would not pronounce the g hard but still said jig. He then took her to the same place, and repeated the barbarous scourging in the same manner, at seven intervals, bringing her into the house between each and repeating the same question, and receiving the same answer as before. The sixth time he came in, after warming himself he told her she must go out again, upon which the child in a piteous and entreating tone said "Do uncle let me warm my feet, they are almost froze." He quickly replied in an enraged manner "I'll warm your feet for you," and seizing her, repaired again to the bloody post, where he, in the most savage manner, exceeded his former tortures. The miserable child languished nearly four days and expired. The stubs or remains of several of the sticks were found broken or shivered off to about a foot in length. The whole of the horrid transaction occupied about an hour and an half of time, during which neither pity nor compunction was discernible in his eyes, features, words, or actions; but he declared "that he had as leave whither to death as not." The savage fury of this tyger in human shape, is declared, by the physicians and members of the coroner's inquest, to be indistinguishable. The whole of her back had the appearance of a mass of bruised and lacerated raw flesh, her thighs and legs were deeply cut in various places, exhibiting a sight of horror, which would chill the blood of the most insensible of the human race. The bereaved and distressed mother has been, at times delirious. The monster, who perpetrated this horrible act, made his escape a few hours before death had delivered the victim of his barbarity from further torture. He has a wife but no children, is about 34 years of age, sandy hair, a little bald, speaks through his nose, has something of a down look, shews his upper teeth when speaking, is very abstemious as to strong drink, has a father in Rhode-Island.
The subscribers will pay the above reward, which is made up by the contributions of the good citizens in the neighbourhood, to any person or persons, who will apprehend the said Arnold and deliver him to either of them in Burlington, aforesaid, or produce sufficient testimony, that he is secured in any jail in the United States, Louisiana, either of the Canadas or Nova Scotia, so that he may be brought to trial: and they strongly recommend that every person would be vigilant to detect the villain, and to take particular notice of all strangers they may happen to meet with. All printers in America, Europe, or the West-Indies, will subserve the cause of humanity by giving the foregoing, or the substance thereof, one or more insertions in their papers.
Burlington, County of Otsego } and State of New-York. January 26, 1805- Merrick Chamberlain, } Eliphaz Alexander, } Brown Smith, } COMMITTEE. Ezra S. Day, } Gad Chaplin. }
IN THE SENATE OF THE UNITED STATES, Monday, February 4, 1805. HIGH COURT OF IMPEACHMENT. THE UNITED STATES vs SAMUEL CHASE. (The Judge's Answer and Pleas, Concluded.)
THE FIFTH ARTICLE of impeachment charges this respondent, with having awarded "a capias against the body of the said James Thompson Callender, indicted for an offence not capital, whereupon the said Callender was arrested and committed to close custody, contrary to law in that case made and provided."
This charge is rested, 1st, on the act of Congress of September 24th, 1789, entitled, "an act to establish the judicial courts of the United States," by which it is enacted "that for any crime or offence against the United States, the offender may be arrested, imprisoned, or bailed, agreeably to the usual mode of process, in the state where such offender may be found." And 2dly, on a law of the State of Virginia, which is said to provide "that upon presentment by any grand jury, of an offence not capital, the court shall order the clerk to issue a summons against the person or persons so offending, to appear and answer such presentment at the next court." It is contended, in support of this charge, that the act of Congress above mentioned, made the State law the rule of proceeding, and that the State law was violated by issuing a capias against Callender, instead of a summons.
The first observation to be made on this part of the case is, that the date of the law of Virginia is not mentioned in the article. A very material omission! For it cannot be intended, that by the act of Congress in question, which was passed for establishing the laws of the United States, and regulating their proceedings, it was intended to render those proceedings dependent on all future acts of the State legislatures. The intention certainly was, to adopt, to a certain limited extent, the regulations existing in the States at the time of passing the act. Consequently, a law of Virginia, passed after this act, can have no operation on the proceedings under it. But by referring to the law of Virginia in question, it will be found to bear date on November 13th, 1792, more than three years after this act of Congress, by which it is said to have been adopted. But the omission of the date of this law of Virginia, is not the most material oversight which has been made in citing it. Its title is "An act directing the method of proceeding against free persons, charged with certain crimes," &c. and it enacts, section 28th, "That upon presentment made by the grand jury, of an offence not capital, the court shall order the clerk to issue a summons, or other proper process, against the person or persons so presented, to appear and answer at the next court." It will be observed that these words, "or other proper process," which leave it perfectly in the discretion of the court what process shall issue, provided it be such as is proper for bringing the offender to answer to the presentment, are omitted in this article of impeachment.
From these words it is perfectly manifest, that the law of Virginia, admitting it to apply, did not order a summons to be issued, but left it perfectly in the discretion of the court to issue a summons, or such other process as they should judge proper. It is therefore, a sufficient answer to this article to say, that this respondent considered a capias as the proper process, and therefore ordered it to issue; which he admits that he did, immediately after the presentment was found against the said Callender, by the grand jury.
This he is informed, and expects to prove, has been the construction of this law by the courts of Virginia, and their general practice. Indeed it would be most strange, if any other construction or practice had been adopted. There are many offences not capital, which are of a very dangerous tendency, and on which very severe punishment is inflicted by the laws of Virginia; and to enact by law that in all such cases, however notorious or profligate the offenders might be, the courts should be obliged, after a presentment by a grand jury to proceed against them by summons; would be to enact, that as soon as their guilt was rendered extremely probable, by the presentment of a grand jury, they should receive regular notice, to escape from punishment by flight or concealment.
It will also appear, as this respondent believes, by a reference to the laws and practice of Virginia, into
which he has made all the inquiries which circumstances and the shortness of time allowed him for preparing his answer, would permit, that all the cases in which a summons is considered as the only proper process, are cases of petty offences, which on the presentment of a grand jury, are to be tried by the court in a summary way, without the intervention of a petit jury. Therefore, these provisions had no application to the case of Callender, which could be no otherwise proceeded on than by indictment, and trial on the indictment by a petit jury.
It must be recollected that the act of Congress of September 24th, 1789, enacts, section 14, "that the courts of the United States, shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of laws." Consequently, the circuit court, where the proceedings in question took place, had power to issue a capias against the traverser, on the presentment unless the State law abovementioned governed the case, and contained something to restrain the issuing of that writ in such a case. This respondent contends, for the reasons above stated, that this law neither applied to the case, nor contained anything to prevent the issuing of a capias, if it had applied.
Thus it appears that this respondent, in ordering a capias to issue against Callender, decided correctly, as it certainly was his intention to do. But he claims no other merit than that of upright intention in this decision: for when he made the decision, he was utterly ignorant that such a law existed in Virginia; and declares that he never heard of it, till this article was reported by a committee of the House of Representatives, during the present session of Congress. This law was not mentioned on the trial either by the counsel for the traverser or by judge Griffin, who certainly had much better opportunities of knowing it than this respondent, and who, no doubt, would have cited it had they known it and considered it as applicable to the case. This respondent well knows that in a criminal view, ignorance of the law excuses no man in offending against it; but this maxim applies not to the decision of a judge; in whom ignorance of the law in general would certainly be a disqualification for this office, though not a crime; but ignorance of a particular act of assembly, of a State where he was an utter stranger, must be considered as a very pardonable error; especially as the counsel for the prisoner to whose case that law is supposed to have applied, forbore or omitted to cite it; and as a judge of the State, always resident in it, and long conversant with its local laws, either forgot this law, or considered it as inapplicable.
Such is the answer, which this respondent makes to the fifth article of impeachment. If he erred in this case, it was through ignorance of the law, and surely, ignorance under such circumstances, cannot be a crime, much less a high crime and misdemeanour, for which he ought to be removed from his office. If a judge were impeachable for acting against law from ignorance only, it would follow, that he would be punished in the same manner for deciding against law wilfully, and for deciding against it through mistake. In other words, there would be no distinction between ignorance and design, between error and corruption.
And the said respondent, for plea to the said fifth article of impeachment, saith, that he is not guilty of any high crime and misdemeanour, as in and by the said fifth article is alleged against him; and this he prays, may be inquired of, by this honourable court, in such manner, as law and justice shall seem to them to require.
THE SIXTH ARTICLE of impeachment alleges, that this respondent, "with intent to oppress and procure the conviction of the said James Thompson Callender, did, at the court aforesaid, rule and adjudge the said Callender to trial, during the term at which he, the said Callender was presented and indicted, contrary to the law in that case made and provided."
This charge also, is founded, 1st, on the act of Congress of September 24th, 1789, abovementioned, which enacts, section 34, "that the laws of the several States, except where the constitution, treaties, or statutes of the United States shall otherwise provide, shall be regarded as the rules of decision, in trials at common law, in the courts of the United States, in cases where they apply," and 2dly, on a law of the State of Virginia, which is supposed to provide, "that in cases not capital, the offender shall not be held to answer any presentment of a grand jury, until the court next succeeding that during which such presentment shall have been made." This law, it is contended, is made the rule of decision by the abovementioned act of Congress, and was violated by the refusal to continue the case of Callender till the next term.
In answer to this charge, this respondent declares, that he was at the time of making the abovementioned decision, wholly ignorant of any such law of Virginia as that in question, that no such law was adduced or mentioned by the counsel of Callender, in support of their motion for a continuance; neither when they first made it, before this respondent sitting alone, nor when they renewed it, after judge Griffin had taken his seat in court: that no such law was mentioned by judge Griffin; who concurred in overruling the motion for a continuance and ordering on the trial; which he could not have done had he known that such a law existed, or considered it as applicable to the case; and that this respondent never heard of any such law, until the articles of impeachment now under consideration were reported, in the course of the present session of Congress, by a committee of the House of Representatives.
A judge is certainly bound to use all proper and reasonable means of obtaining a knowledge of the laws which he is appointed to administer; but after the use of such means, to overlook, misunderstand, or remain ignorant of some particular law, is at all times a very pardonable error. It is much more so in the case of a judge of the supreme court of the United States, holding a circuit court in a particular State, with which he is a stranger, and with the local laws of which he can have enjoyed but very imperfect opportunities of becoming acquainted. It was foreseen by Congress, in establishing the circuit courts of the United States, that difficulties and inconveniences must frequently arise from this source, and to obviate such difficulties it was provided, that the district judge of each State, who having been a resident of the State, and a practitioner in its courts, had all the necessary means of becoming acquainted with its local laws, should form a part of the circuit court in his own State. The judge of the supreme court is expected, with reason, to be well versed in the general laws; but the local laws of the State, form the peculiar province of the district judge, who may be justly considered as particularly responsible for their due observance. If in the case in question, this respondent overlooked or misconstrued any local law of the State of Virginia, which ought to have governed the case, it was equally overlooked and misunderstood, not only by the prisoner's counsel, who made the motion, and whose peculiar duty it was to know the law and bring it into the view of the court, but also by the district judge, who had the best opportunities of knowing and understanding it, and in whom, nevertheless, this oversight or mistake is considered as a venial error, while in this respondent it is made the ground of a criminal charge.
This respondent further states, that after the most diligent and the most extensive inquiry which the time allowed for preparing this answer would per-
mit, he can find no law of Virginia which expressly enacts, that "in cases not capital, the offender shall not be held to answer any presentment of a grand jury, until the court next succeeding that during which such presentment shall have been made."—This principle he supposes to be an inference drawn by the authors of the articles of impeachment, from the law of Virginia mentioned in the answer to the preceding article, the law of November 13th, 1792, which provides "that upon presentment made by the grand jury of an offence not capital, the court shall order the clerk to issue a summons, or other proper process, against the person or persons so presented, to appear and answer such presentment at the next court." This law he conceives does not warrant the inference so drawn from it, because it speaks of presentments and not of indictments, which are very different things; and is, as he is informed, confined by practice and construction in the State of Virginia, to cases of small offences, which are to be tried by the court itself upon the presentment, without an indictment or the intervention of a petit jury. But for cases, like that of Callender, where an indictment must follow the presentment, this law made no provision. Further, the State laws are directed by the above mentioned act of Congress, to be the rule of decision in the courts of the United States, only "in cases where they apply." Whether they apply or not to a particular case, is a question of law, to be decided by the court where such case is pending, and an error in making the decision is not a crime, nor even an offence, unless it can be shown to have proceeded from improper motives. This respondent is of opinion, that the law in question did not apply to the case of Callender, for the reasons stated above; and therefore that it would have been his duty to disregard it, even had it been made known to him by the counsel for the traverser.
And in the last place he contends, that the law of Virginia in question, is not adopted by the above mentioned act of Congress as the rule of decision in such cases as that now under consideration. That act does indeed provide, "that the laws of the several States, except where the constitution, treaties, or statutes of the United States, shall otherwise provide, shall be regarded as rules of decision in trials at common law, in the courts of the United States, in cases where they apply." But this provision, in his opinion, can relate only to rights acquired under the State laws, which come into question on the trial; and not to forms of process or modes of proceeding, anterior or preparatory to the trial. Nor can it, as this respondent apprehends, have any application to indictments for offences against the statutes of the United States, which cannot with any propriety be called "trials at common law." It relates merely, in his opinion, to civil rights acquired under the State laws; which by virtue of this provision are, when they come in question in the courts of the United States, to be governed by the laws under which they accrue.
If in these opinions this respondent be incorrect, it is an honest error: and he contends that neither such an error in the construction of a law, nor his ignorance of a local state law which he had no opportunity of knowing, and of which the counsel for the party whose case it is supposed to have affected were equally ignorant, can be considered as an offence liable to impeachment, or to any sort of punishment or blame.
And for plea to the said sixth article of impeachment, the said Samuel Chase saith, that he is not guilty of any high crime or misdemeanour as in and by the said article is alleged against him; and this he prays may be inquired of by this honourable court in such manner as law and justice shall seem to them to require.
THE SEVENTH ARTICLE of impeachment relates to some conduct of this respondent in his judicial capacity, at a circuit court of the United States held at New-Castle in the state of Delaware, in June 1800. The statement of this conduct made in the article is altogether erroneous; but if it were true, this respondent denies, that it contains any matter for which he is liable to impeachment. It alleges that "disregarding the duties of his office, he did descend from the dignity of a judge, and stoop to the level of an informer." This high offence consisted, according to the article, 1st, "in refusing to discharge the grand jury although intreated by several of the said jury to do so." 2dly, in "observing to the said grand jury, after the said grand jury had regularly declared through their foreman, that they had found no bills of indictment, and had no presentments to make, that he, the said Samuel Chase, understood that a highly seditious temper had manifested itself in the state of Delaware, among a certain class of people, particularly in New-Castle county, and more especially in the town of Wilmington, where lived a most seditious printer, unrestrained by any principle of virtue, and regardless of social order, that the name of this printer was _____" 3dly, "in then checking himself as if sensible of the indecorum which he was committing." 4thly, in adding "that it might be assuming too much, to mention the name of this person; but it becomes your duty, gentlemen, to inquire diligently into this matter," or words to that effect." And 5thly, "in authoritatively enjoining on the district attorney of the United States, with intention to procure the prosecution of the printer in question, the necessity of procuring a file of the papers to which he alluded, and by a strict examination of them to find some passage which might furnish the ground work of a prosecution against the printer."
These charges amount in substance to this; that this respondent refused to discharge a grand jury on their request, which is every day's practice, and which he was bound to do, if he believed that the due administration of justice required their longer attendance: that he directed the attention of the grand jury to an offence against a statute of the United States, which he had been informed was committed in the district; and that he desired the district attorney to aid the grand jury, in their inquiries concerning the existence and nature of this offence. By these three acts, each of which it was his duty to perform, he is alleged "to have degraded his high judicial functions, and tended to impair the publick confidence in, and respect for, the tribunals of justice, so essential to the general welfare."
That this honourable court may be able to form correctly its judgment, concerning the transaction mentioned in this article, this respondent submits the following statement of it, which he avers to be true, and expects to prove.
On the 27th day of June, 1800, this respondent, as one of the associate justices of the supreme court of the United States, presided in the circuit court of the United States, then held at New-Castle in and for the district of Delaware, and was assisted by Gunning Bedford, Esq. then district judge of the United States for that district. At the opening of the court on that day, this respondent according to his duty and his uniform practice, delivered a charge to the grand jury, in which he gave in charge to them several statutes of the United States, and among others, an act of Congress passed July 14th 1798, entitled "An act in addition to the act for the punishment of certain crimes against the United States," and commonly called the "sedition law." He directed them to inquire concerning any breaches of those statutes, and especially of that commonly called the sedition law, within the district of Delaware.
On the same day, before the usual hour of adjournment, the grand jury came into court, and informed the court that they had found no indictment or presentment, and had no business before them, for

which reason they wished to be discharged. This respondent replied, that it was earlier than the usual hour of discharging a grand jury; and that business might occur during the sitting of the court. He also asked them if they had no information of publications within the district, that came under the sedition law, and added, that he had been informed, that there was a paper called the "Mirror," published at Wilmington, which contained libelous charges against the government and President of the United States; that he had not seen that paper, but it was their duty to inquire into the subject; and if they had not turned their attention to it, the attorney for the district would be pleased to examine a file of that paper, and if he found any thing that came within the sedition law, would lay it before them. This is the substance of what this respondent said to the grand jury on that occasion, and he believes nearly all his words. On the morning of the next day they came into court, and declared that they had no presentments or indictments to make, on which they were immediately discharged. The whole time, therefore, for which they were detained, was twenty-four hours, far less than is generally required of grand juries.
In these proceedings, this respondent acted according to his sense of what the duties of his office required. It certainly was his duty to give in charge to the grand jury, all such statutes of the United States as provided for the punishment of offences, and among others, that called the sedition act; into all offences against which act, while it continued in force, the grand jury were bound by their oaths to inquire. In giving it in charge, together with the other acts of congress for the punishment of offences, he followed moreover the example of the other judges of the supreme court, in holding their respective circuit courts. He also contends, and did then believe, that it was his duty, when informed of an offence, which the grand jury had overlooked, to direct their attention towards it, and to request for them, and even to require if necessary, the aid of the district attorney in making their inquiries. In thus discharging what he conceives to be his duty, even if he committed an error in so considering it, he denies that he committed or could commit any offence whatever.
With respect to the remarks which he is charged by this article with having made to the grand jury, relative to "a highly seditious temper, which he had understood to have manifested itself in the state of Delaware, among a certain class of people, particularly in Newcastle county, and more especially in the town of Wilmington," and relative to "a most seditious printer, residing in Wilmington, unrestrained by any principle of virtue, and regardless of social order;" this respondent does not recollect or believe, that he made any such observations. But if he did make them, it could not be improper in him to tell the jury that he had received such information, if in fact he had received it; which was probably the case, though he cannot recollect it with certainty at this distance of time. That this information, if he did receive it, was correct, so far, as it regarded the printer in question, will fully appear from a file of the paper called the "Mirror of the Times," Sec. published at Wilmington, Delaware, from February 5th, to March 19th, 1800, inclusive, which he has lately obtained, and is ready to produce to this honourable court when necessary, and some extracts from which are contained in the exhibits severally marked No. 7, which he prays leave to make part of this his answer.
And for plea to the said seventh article of impeachment, the said Samuel Chase saith, that he is not guilty of any high crime or misdemeanour, as in and by the said seventh article is alleged against him, and this he prays may be inquired of by this honourable court, in such manner as law and justice shall seem to them to require.
THE EIGHTH ARTICLE of impeachment charges that this respondent, "disregarding the duties and dignity of his official character did, at a circuit court for the district of Maryland, held at Baltimore, in the month of May, 1803, pervert his official right and duty to address the grand jury then and there assembled, on the matters coming within the province of the said jury, for the purpose of delivering to the said grand jury an intemperate and inflammatory political harangue, with intent to excite the fears and resentment of the said grand jury, and of the good people of Maryland, against their state government and constitution," and also that this respondent "under pretence of exercising his judicial right to address the grand jury as aforesaid, did endeavour to excite the odium of the said grand jury, and of the good people of Maryland, against the government of the United States, by delivering opinions which were at that time, and as delivered by him, highly indecent, extra-judicial, and tending to prostitute the high judicial character with which he was invested, to the low purpose of an electioneering partisan."
In answer to this charge this respondent admits, that he did, as one of the associate justices of the supreme court of the United States, preside in a circuit court held at Baltimore in and for the district of Maryland, in May 1803, & did then deliver a charge to the grand jury, and express in the conclusion of it some opinions as to certain publick measures, both of the government of Maryland and of that of the United States. But he denies that, in thus acting, he disregarded the duties and dignity of his judicial character, perverted his official right and duty to address the grand jury, or had any intention to excite the fears or resentment of any person whatever, against the government and constitution of the United States or of Maryland. He denies that the sentiments which he thus expressed, were "intemperate and inflammatory," either in themselves or in the manner of delivering them; that he did endeavour to excite the odium of any person whatever against the government of the United States, or did deliver any opinions which were in any respect indecent, or which had any tendency to prostitute his judicial character, to any low or improper purpose. He denies that he did any thing that was unusual, improper or unbecoming in a judge, or expressed any opinions, but such as a friend to his country, and a firm supporter of the government both of the state of Maryland and of the United States, might entertain. For the truth of what he here says, he appeals confidently to the charge itself; which was read from a written paper now in his possession ready to be produced. A true copy of all such parts of this paper as relate to the subject matter of this article of impeachment, is contained in the exhibit marked No. 8, which he prays leave to make part of this his answer. That part of it which relates to the article now under consideration is in these words: "You know, gentleman, that our state and national institutions were framed to secure to every member of the society equal liberty and equal rights; but the late alteration of the federal judiciary, by the abolition of the office of the sixteen circuit judges, and the recent change in our state constitution by the establishing universal suffrage, and the further alteration that is contemplated in our state judiciary, (if adopted) will, in my judgment, take away all security for property and personal liberty. The independence of the national judiciary is already shaken to its foundation; and the virtue of the people alone can restore it. The independence of the judges of this state will be entirely destroyed, if the bill for the abolishing the two supreme courts, should be ratified by the next general assembly. The change of the state constitution by allowing universal suffrage, will in my opinion certainly and rapidly destroy all protection to property, and all security to personal liberty; and our republican
constitution will sink into a mobocracy, the worst of all possible governments."
"I can only lament that the main pillar of our state constitution has been thrown down, by the establishment of universal suffrage. By this shock alone, the whole building totters to its base, and will crumble into ruins before many years elapse, unless it be restored to its original state. If the independency of your state judges, which your bill of rights wisely declares "to be essential to the impartial administration of justice, and the great security to the rights and liberties of the people," shall be taken away, by the ratification of the bill passed for that purpose, it will precipitate the destruction of your whole state constitution, and there will be nothing left in it, worthy the care or support of freemen."
Admitting these opinions to have been incorrect and unfounded, this respondent denies that there was any law which forbid him to express them, in a charge to a grand jury; and he contends that there can be no offence, without the breach of some law. The very essence of despotism consists, in punishing acts which, at the time when they were done, where forbidden by no law. Admitting the expression of political opinions by a judge, in his charge to a jury, to be improper and dangerous; there are many improper and very dangerous acts, which, not being forbidden by law, cannot be punished. Hence the necessity of new penal laws; which are from time to time enacted for the prevention of acts not before forbidden, but found by experience to be of dangerous tendency. It has been the practice in this country, ever since the beginning of the revolution, which separated us from Great Britain, for the judges to express from the bench, by way of charge to the grand jury, and to enforce to the utmost of their ability, such political opinions as they thought correct and useful. There have been instances in which the legislative bodies of this country, have recommended this practice of the judges; and it was adopted by the judges of the supreme court of the United States, as soon as the present judicial system was established. If the legislature of the United States considered this practice as mischievous, dangerous, or liable to abuse, they might have forbidden it by law; to the penalties of which such judges as might afterwards transgress it would be justly subjected. By not forbidding it, the legislature has given to it an implied sanction; and for that legislature to punish it now, by way of impeachment, would be to convert into crime, by an ex post facto proceeding, an act which when it was done, and at all times before, they had themselves virtually declared to be innocent. Such conduct would be utterly subversive of the fundamental principles on which free governments rest; and would form a precedent for the most sanguinary and arbitrary persecutions, under the forms of law.
Nor can the incorrectness of the political opinions thus expressed, have any influence in deciding on the guilt or innocence of a judge's conduct in expressing them. For if he should be considered as guilty or innocent, according to the supposed correctness or incorrectness of the opinion, thus expressed by him, it would follow, that error in political opinion, however honestly entertained, might be a crime; and that a party in power might, under this pretext, destroy any judge, who might happen in a charge to a grand jury, to say something capable of being construed by them, into a political opinion adverse to their system.
There might be some pretence for saying, that for a judge to utter seditious sentiments, with intent to excite sedition, would be an impeachable offence: although such a doctrine would be liable to the most dangerous abuses; and is hostile to the fundamental principles of our constitution, and to the best established maxims of our criminal jurisprudence. But admitting this doctrine to be correct, it cannot be denied that the seditious intention must be proved clearly, either by the most necessary implication from the words themselves, or by some overt acts of a seditious nature connected with them. In the present case no such acts are alleged, but the proof of a seditious intent must rest on the words themselves. By this rule this respondent is willing to be judged. Let the opinions which he delivered be examined; and if the members of this honourable court can lay their hands on their hearts, in the presence of God, and say, that these opinions are not only erroneous but seditious also; and carry with them internal evidence of an intention in this respondent to excite sedition, either against the state or general government, he is content to be found guilty.
In making this examination, let it be borne in mind, that to oppose a depending measure, by endeavouring to convince the publick that it is improper, and ought not to be adopted; or to promote the repeal of a law already past, by endeavouring to convince the publick, that it ought to be repealed, and that such men ought to be elected to the legislature as will repeal it, to attempt in fine, the correction of publick measures, by arguments tending to shew their improper nature, or destructive tendency; never has been or can be considered as sedition, in any country, where the principles of law and liberty are respected; but is the proper and usual exercise of that right of opinion and speech, which constitutes the distinguishing feature of free government. The abuse of this privilege, by writing and publishing as facts, malicious falsehoods, with intent to defame, is punishable as libelous, in the courts having jurisdiction of such offences; where the truth or falsehood of the facts alleged, and the malice or correctness of the intention, form the criterion of guilt and innocence. But the character of libelous, much less of seditious, has never been applied to the expression of opinions concerning the tendency of publick measures, or to arguments urged for the purpose of opposing them, or of effecting their repeal. To apply the doctrine of sedition or of libels to such cases, would instantly destroy all liberty of speech, subvert the main pillars of free government, and convert the tribunals of justice into engines of party vengeance. To condemn a publick measure, therefore, as pernicious in its tendency; to use arguments proving it to be so; and to endeavour by these means to prevent its adoption, if still depending, or to procure its repeal in a regular and constitutional way, if it be already adopted; can never be considered as sedition, or in any way illegal.
The first opinion expressed to the grand jury on the occasion in question, by this respondent, was that "the late alteration of the federal judiciary, by the abolition of the office of the sixteen circuit judges; and the recent change in our state constitution, by establishing universal suffrage; and the further alteration that was then contemplated in our state judiciary, if adopted;" would, in the judgment of this respondent, "take away all security for property and personal liberty." That is "these three measures, if the last of them, which is still depending, should be adopted, will, in my opinion, form a system whose pernicious tendency must be, to take away the security for our property and our personal liberty," which we have hitherto derived from the salutary restrictions, laid by the authors of our constitution on the right of suffrage, and from the present constitution of our courts of justice." What is this but an argument to persuade the people of Maryland to reject the alterations in their state judiciary which were then proposed; which this respondent as a citizen of that state had a right to oppose; and the adoption of which depended on a legislature then to be chosen? If this be sedition, then will it be impossible to express an opinion opposite to the views of the ruling party of the moment, or to oppose any of their measures by argument, without becoming subject to such punishment as they may think proper to inflict.
The next opinion is, that "the independence of the national judiciary was already shaken to its foundation, and that the virtue of the people alone could restore it." In other words, "The act of Congress for repealing the late circuit court law, and vacating thereby the offices of the judges, has shaken to its foundation the independence of the national judiciary, and nothing but a change in the representation of Congress, which the return of the people to correct sentiments alone can effect, will be sufficient to produce a repeal of this act, and thereby restore to its former vigour, the part of the federal constitution, which has been thus impaired."
This is the obvious meaning of the expression; and it amounts to nothing more than an argument in favour of that change, which this respondent then thought and still thinks to be very desirable; an argument, the force of which as a patriot he might feel, and which as a free man he had a right to advance.
The next opinion is, that "the independence of the judges of the state of Maryland, would be entirely destroyed if the bill for abolishing the supreme courts should be ratified by the next general assembly." This opinion, however incorrect it may be, seems to have been adopted by the people of Maryland, to whom this argument against the bill in question was addressed: for at the next session of the legislature this bill, which went to change entirely the constitutional tenure of judicial office in the state, and to render the subsistence of the judges dependent on the legislature, and their continuance in office on the executive, was abandoned by common consent.
All the other opinions expressed by this respondent, as above mentioned, bear the same character with those already considered. They are arguments addressed to the people of Maryland for the purpose of dissuading them from the adoption of a measure then depending; and of inducing them, if possible, to restore to its original state, that part of their constitution relating to the right of suffrage, by a repeal of the law which had been made for its alteration.
Such were the objects of this respondent in delivering those opinions, and he contends that they were fair, proper, and legal objects, and that he had a right to pursue them in this way: a right sanctioned by the universal practice of this country, and by the acquiescence of its various legislative authorities. Such, he contends, is the true and obvious meaning of the opinions which he delivered, and which he believes to be correct. It is not now necessary to inquire into their correctness; but, if incorrect, he denies that they contain any thing seditious, or any evidence of those improper intentions which are imputed to him by this article of impeachment. He denies that in delivering them to the grand jury, he committed any offence, infringed any law, or did any thing unusual, or heretofore considered in this country as improper or unbecoming in a judge. If this article of impeachment can be sustained on these grounds, the liberty of speech on national concerns, and the tenure of the judicial office under the government of the United States, must hereafter depend on the arbitrary will of the House of Representatives and the Senate, to be declared on impeachment, after the acts are done, which it may at any time be thought necessary to treat as high crimes and misdemeanors.
And the said Samuel Chase, for plea to the said eighth article of impeachment, saith, that he is not guilty of any high crime and misdemeanour, as in and by the said eighth article is alleged against him, and this he prays may be inquired of by this honourable court, in such manner as law and justice shall seem to them to require.
THIS RESPONDENT has now laid before this honourable court, as well as the time allowed him would permit, all the circumstances, of his case, with an humble trust in Providence, and a consciousness that he has discharged all his official duties with justice and impartiality, to the best of his knowledge and abilities; and that intentionally he hath committed no crime or misdemeanour, or any violation of the constitution or laws of his country. Confiding in the impartiality, independence, and integrity, of his judges, and that they will patiently hear, and conscientiously determine this case, without being influenced by the spirit of party, by popular prejudice, or political motives, he cheerfully submits himself to their decision.
If it shall appear to this honourable court, from the evidence produced, that he hath acted in his judicial character with wilful injustice or partiality, he doth not wish any favour; but expects that the whole extent of the punishment permitted in the constitution will be inflicted upon him.
If any part of his official conduct shall appear to this honourable court, stricti juris , to have been illegal, but to have proceeded from ignorance or error in judgment; or if any part of his conduct shall appear, although not illegal, to have been irregular or improper, but not to have flown from a depravity of heart, or any unworthy motive, he feels confident that this court will make allowance for the imperfections and frailties incidental to man.
He is satisfied, that every member of this tribunal will observe the principles of humanity and justice, and will presume him innocent, until his guilt shall be established by legal and credible witnesses, and will be governed in his decision, by the moral and christian rule of rendering that justice to this respondent, which he would wish to receive.
THIS RESPONDENT NOW STANDS NOT MERELY BEFORE AN EARTHLY TRIBUNAL, BUT ALSO BEFORE THAT AWFUL BEING WHOSE PRESENCE FILLS ALL SPACE, AND WHOSE ALL-SEEING EYE MORE ESPECIALLY SURVEYS THE TEMPLES OF JUSTICE AND RELIGION. IN A LITTLE TIME, HIS ACCUSERS, HIS JUDGES, AND HIMSELF, MUST APPEAR AT THE BAR OF OMNIPOTENCE, WHERE THE SECRETS OF ALL HEARTS SHALL BE DISCLOSED, AND EVERY HUMAN BEING SHALL ANSWER FOR HIS DEEDS DONE IN THE BODY, AND SHALL BE COMPELLED TO GIVE EVIDENCE AGAINST HIMSELF, IN THE PRESENCE OF AN ASSEMBLED UNIVERSE. TO HIS OMNISCIENT JUDGE, AT THAT AWFUL HOUR, HE NOW APPEALS FOR THE RECTITUDE AND PURITY OF HIS CONDUCT, AS TO ALL THE MATTERS OF WHICH HE IS THIS DAY ACCUSED.
HE HATH NOW ONLY TO ADJURE EACH MEMBER OF THIS HONOURABLE COURT, BY THE LIVING GOD, AND IN HIS HOLY NAME, TO RENDER IMPARTIAL JUSTICE TO HIM, ACCORDING TO THE CONSTITUTION AND LAWS OF THE UNITED STATES. HE MAKES THIS SOLEMN DEMAND OF EACH MEMBER, BY ALL HIS HOPES OF HAPPINESS IN THE WORLD TO COME, WHICH HE WILL HAVE VOLUNTARILY RENOUNCED BY THE OATH HE HAS TAKEN, IF HE WILFULLY DO THIS RESPONDENT INJUSTICE, OR DISREGARD THE CONSTITUTION OR LAWS OF THE UNITED STATES, WHICH HE HAS SOLEMNLY SWORN TO MAKE THE RULE AND STANDARD OF HIS JUDGMENT AND DECISION.
SAMUEL CHASE. A True Copy, ATTEST, SAMUEL A. OTIS, SECRETARY.
DEAFNESS CURED, By puncture of the Tympanum of the Ear. The following very interesting cure was communicated by M. Marnoir, an eminent surgeon, by whom it was performed, in a letter dated
"Geneva, Sept. 5, 1804. "Mr. F. of Geneva, aged 40 years, had lost his hearing several years ago, in consequence of a long affection of the posterior part of the internal saucers,
and it was evident, that in this case the eustachian tubes were obliterated. In condensing the air in his mouth and nostrils, he was totally unable to distend the membrane of the tympanum, a thing which is very easy to do for any one who enjoys a perfect sense of hearing. He could scarcely hear even when you shouted in his ears; and although so long deaf, he had not acquired the faculty of understanding by the motion of the lips. After perusing the paper which I lately published in the Bibliothque Britannique, Mr. F. conceived that he might be one of those in whom the hearing could be recovered by the perforation of the tympanum. On the 14th of July last I performed that operation on his right ear, in the presence of Mr. Jurine, with a very small trocar, about one eighth of an inch in diameter.—At the instant that the instrument was withdrawn we spoke to him in a low voice, but instead of answering, he remained immovable in his chair, and seemed stupified. Then he exclaimed, "For God's sake, gentlemen, don't cry out so loud: you hurt me."
I then began to walk about the room. The speaking of my boots made him shudder and jump in his chair; and he covered his ear with his hand. The snapping of the fingers quite distracted him, and seemed to produce upon him an effect similar to that of a pistol suddenly fired in the ear of a person not aware of it. When spoken to, though in a whisper, he complained that we spoke too loud. Yet in spite of this excessive sensibility to every inconsiderable noises, there were other sounds, not less distinct, which he did not hear, even at a very little distance; such for instance as the ticking of his watch. So that his hearing seemed to be some times too dull, sometimes too acute; because, no doubt, the organ had lost the faculty of adjusting itself to the different modulations of sound. A week after this however, Mr. F. had lost that excessive sensibility which rendered acute sounds almost intolerable to him, and in fact he had already again learnt to hear. I then wished to have the other ear performed in the same manner. I performed this operation without effect.
Twenty days after this second operation Mr. F. called upon me. I examined his ears in a fine sun shine, and could see in the right ear the membrane of the tympanum traversed in its exterior part by a small cicatrix, having in its centre a small hole which was hardly perceptible. Yet the hearing was scarcely diminished since the first operation. Fearing that this small aperture might close itself entirely, Mr. F. desired that I would perforate again the membrane of that ear: an operation which was repeated without giving him any pain, but not without a slight increase of sensibility in his hearing. I afterwards examined the left ear, and having placed the meatus in the direction of the sun's rays, I distinctly perceived a false membrane adhering to the whole circumstance of the passage, and perfectly similar, in its form and situation, to that of the tympanum; the distance between the two membranes being scarcely one sixth part of an inch. I took off at once this false membrane, with a pair of tweezers, and discovered behind it the tympanum, quite sound and entire. I thought it probable that in the second operation I had only touched this false membrane. I immediately perforated the true one, and was surprised (as well as my brother, who attended this operation) to find that, although Mr. F. had already learnt again to hear with the right ear, yet the restoration of his hearing in the left occasioned in him the same effects of wonder and of excessive sensibility to the least unexposed noise, which he had experienced after the first operation. This inconvenience, however, has not been of longer duration in this ear than it had been in the other."
Gazette Marine Memoranda.
ARRIVED, Schooner Charming Mary, Potter, 5 days from New-York. Monday 25th off Hog Island, spoke sch'r Sylvia, Richardson, 75 days from Cadiz, for this port: Capt. R. put into St. Kitts, having sprung his foremast, split his sails, and carried two of his chain plates away—same day spoke ship Anne, Rutter, of and for Baltimore, from Batavia, 116 days—Tuesday ship Pamela, Myer, from Hamburg, last from Plymouth, in 112 days, for this port; with a number of passengers—had been 6 weeks on the coast. Sixteen sail in sight of the Cape yesterday, inward bound. Brig Rover, Luce, 11 days from Boston.
NEWCOMB'S Packet will sail for New-York on Monday next. Feb. 27.
FOR SALE.
The co-partnership of READ and MORTIMER having been dissolved by the death of the former, NOTICE IS HEREBY GIVEN, THAT ONE HALF OF THE MEDICINAL STORE, BELONGING TO THE SAID FIRM, CONSISTING OF DRUGS and Medicines, Shop Furniture, Utensils, &c. together with the remainder of the Lease for the stand occupied by them, will be offered for sale, at six months credit, for negotiable notes, payable at Bank, on Monday 11th March, at 12 o'clock. If the said property shall not be previously disposed of at private sale—applications for which purpose, are hereby invited. HELEN READ.
Who also offers for Sale, An Elegant CARRIAGE, together with an entire new Harness, Travelling Coat, &c. &c. February 27. 456
MOLASSES, RUM, SALT, Landing from on board the Schooner Three Sisters, from Tobago, at Commerce-Street Wharf, 30 Hogsheads MOLASSES. 20 Puncheons RUM. For sale by PHINEHAS DANA & CO.
Who have also received per Schooner Sylvia, Captain Richardson from Cadiz, 1200 Bushels SALT. Which will be sold on moderate terms, if taken along-side. February 27. 459
FOR CHARLESTON, (S. C.) The fast sailing packet Sloop FRIENDSHIP, Capt. Oldrige. Will sail in a few days. For passage only, (having excellent accommodations) apply to the Master on board at Campbell's Wharf.
For Sale on board said vessel, 25 Barrels RICE. February 27. 455
I WANT TO CHARTER, A good tight VESSEL, Of about 1500 to 2000 bushels, to load for Charleston. JOHN C. NIEMEYER. Feb. 27. 458
A CAUTION,
TO those persons who are in the habit of entertaining Paupers on their arrival in the Borough, and when tired of them turn them over to the Overseers of the Poor. In future the Overseers of the Poor, are determined on any application of the kind, immediately to apply to those with whom they last lived, and compel them to support or send them from whence they came, at their own expense, or give sufficient security that they shall not become chargeable to the Corporation. Masters of vessels will please pay attention to the above. February 27. 457

Proposals for Publishing by Subscription,  RURAL PRACTICES,  Or, A Treatise on the mode of erecting Dwelling-Houses, Publick or private buildings, out-offices, or fencing walls, in pile or common soil, with practical notes and other illustrations and improvements, deduced from actual experience; ALSO, On the mode of Mud-Walling as practised in some parts of England for cottages and fencing walls: with hints upon the best mode of forming farm houses, out-offices, and cottages; and general observations on turnpike road building, with scales of elevation and depression for concave as well as convex roads  WITH PLATES. BY S. W. JOHNSON, NEW BRUNSWICK, N. J.
CONDITIONS. There shall not be any thing introduced but what has either been practised individually by the author, or known to him to have been practised with success and utility. It shall be printed in a neat manner and on good paper, and contain as many plates as will be sufficient to elucidate every part of it, and that in the clearest manner. It will be printed in octavo, and will probably contain between 200 and 300 pages, and shall be put to press as soon as a sufficient number of subscribers shall be obtained to defray the necessary expenses. Price to Subscribers, 1 Dol. 50 Cts. Subscriptions received at the Office of the Publick Ledger. Feb. 22. 443  FOR SALE, BY WILLIAM B. LAMB, 30 Puncheons St. Vincents RUM. 13 Hogsheads and 28 Tierces SUGAR. 10 Pipes French BRANDY. 5 do. GIN. 13 do. Madeira WINE. 10 Quarter Casks SHERRY. 10 Cases CLARET. 10 Hogsheads do. 12 Bases GINGER. 1 Case Black SATTINS. 3 do. Irish LINEN. 7 Bales India COTTONS. 3 Trunks CALLICOES, &c. February 13. tf 413
NORFOLK HOTEL. THE Subscriber informs his friends and the publick, that he has opened an HOTEL in that convenient house formerly the NAVY TAVERN No. 128 Main-Street, where he hopes by his attention, to give satisfaction to those who may favour him with their company. He will always keep the best liquors: and Private Parties will be furnished with Dinners, Suppers, or Relishes, at the shortest notice. BOARDERS accommodated by the week, month, or year Henry Benbridge. October 9. tf 170
FALL AND WINTER GOODS. THE SUBSCRIBER Has received by the Brig COMMERCE, from LONDON, and Ship BRUTUS, from LIVERPOOL, A GENERAL ASSORTMENT OF  FALL AND WINTER GOODS, which he offers for sale, by Wholesale or Retail, on moderate terms. Richard Taylor. ALSO—A FEW BALES BEST  TWILLED SACKING. Sept. 22. tf 130  NOW LANDING From on board the Schooner LYDIA, Capt. Livington, from Antigua 116 Puncheons RUM. For sale by William Pennock. WHO WANTS TO PURCHASE, RED AND WHITE OAK STAVES—and 32 INCH SHINGLES. November 5 tf 122
WINDOW GLASS. I have just received for sale, from the Baltimore Manufactory, 34 BOXES WINDOW GLASS. 8 by 10—9 by 11—9 by 12—10 by 12—and 12 by 14—And shortly expect a large supply of all sizes, commonly used here. The quality of this glass is good, and the prices will be found low. Apply to JOHN C. NIEMEYER. December 28. tf 313
LAND FOR SALE. A TRACT in the County of Isle of Wight, containing 414 acres, near Nansemond line, and within about four or five miles of Scott's Landing, on Nansemond River. About one hundred acres is cleared, on which is a House, and an Orchard which produces about six or eight barrels of Apple Brandy, per annum; and a large Young Orchard coming on. The residue of the Land is covered with heavy Oak, and Pine Trees, and a large portion of it furnishes excellent pasture—Any person desirous to purchase, will meet with liberal terms, on application to Mr. Thomas Bennett, Merchant, Petersburg; to Richard Yarborough, Suffolk; or to JOHN BARBER. Isle of Wight, February 1. Im* 355
LIVERPOOL SALT. QUEEN'S WARE, in Crates well afforded. DUFFIL BLANKETS, in small Bales. 10 and 20d. Flat Pointed NAILS, in Casks—and LIVERPOOL COAL. Taken from along side the ship Jane, Capt. Colley, will be sold low. Apply to William Pennock. WHO OFFERS FOR SALE, 114 Puncheons Jamaica RUM. Imported in the Sarah, Capt. Herbert. October 23. tf 187
INSURANCE AGAINST FIRE. Phenix Fire Office, London, May 1, 1804. THE numerous and destructive Fires which have happened within the period of the two last years, in different parts of Europe and America, (more particularly in the towns of Liverpool in England, Gothenburg in Sweden, and Norfolk in Virginia,) render it proper to remind all persons who possess property in the United States of America, of the utility of insurance. The Phenix Office of London, is an institution sufficiently known by the very large and important losses it has paid, in consequence of the extensive conflagrations in the cities and towns of America to such sufferers as have had the prudence to protect their property, by insurance.—The Phoenix Company deeply regret that, owing to the experience of serious and continued losses, upon the buildings and stores in the timber towns, no alteration nor remission on such risks can be made at present—but the Directors hope, from the increase brick and stone buildings, and other improvements of security, that the period is not far distant, when they will be able generally, to mitigate the rates of insurance in North America; and they confidently presume that the promptitude and honour with which they have uniformly fulfilled their extensive engagements, have unequivocally established the solidity, credit and good faith, of the Company. The Phoenix Company grant insurances upon buildings, goods, and ships whilst in dock or in harbour, from loss or damage by fire, upon the most moderate and equitable terms; and persons desirous of securing their property by policies from this company, are requested to transmit their orders to their correspondents in Great Britain. July 31. 48
NOTICE. THE CO-PARTNERSHIP OF  FISK & STEARNS, Ceases this day, in consequence of the death of Mr. STEARNS. All those that have claims against the said firm, are requested to present them to the subscriber, the surviving partner, and receive their money. And all those indebted to the said company are requested to come forward for the immediate adjustment of the same, as no indulgence can be given. MARTIN FISK. Who informs his friends and customers, that he has returned to his former stand, where he offers  FOR SALE, 50 Barrels new Beef, Boston Inspection. 20 Hogsheads First Quality Sugar. 20 do. Second do. do. Loaf Sugar, in hds. and bbls. 12 Pipes Bourdeaux Brandy. Madeira, Port, and Malaga, Wines, in pipes and quarter casks. 20 Cases London Porter, 6 doz. each. 20 Chests Hyson, Young-Hyson, and Hyson-Skin Teas—Fresh. 60 Boxes Fresh Chocolate, No. 1 and 2. 50 do. Mould Candles. 50 do. Dript do. 20 do. Spermaceti do. 150 do. Brown Soap. 50 do. Cheese, first quality, for family use. 50 Casks do. in good shipping order. 50 Boxes Dixon's best Mustard, 3 dozen each. 6 do. Glass Tumblers. 50 Kegs Butter, for family use. 200 Reams Wrapping Paper. 100 do. Writing do. 150 do. Printing do. 150 Casks Wrought Nails, 4d. 6d. 8d. 10d. 12d. 20d. and 24d. 50 do. Cut do. 4d. 6d. 8d. 10d. and 20d. 6 do. Flooring Brads. Tacks of different sizes. 30 Bags of Pimento. 15 do. White Ginger in the Root. 30 lbs. Nutmegs. 10 do. Mace. 40 do. Cinnamon. 30 do. Cloves. 100 do. Spanish Float-Indigo. 10 Casks Refined Salt-Petre. Cotton & Wool Cards in Boxes. 3000 lbs. Copperas. 1000 do. Allum. 500 Bags Patent Shot. 50 Kegs F & F London Glazed Powder. 15 M. Gun Flints. 100 Boxes 8 by 10 London Crown Glass, 50 feet each. 50 Bets Oznaburgs. Seine Twine. 50 Kegs London White Lead, ground in Oil. 30 Boxes Tobacco Pipes. Paint and Sweeping Brushes, of all kinds. 100 Sides Soar Leather. 20 dozen Calf Skins, Grain and Waxed. 10 do. Boot Legs, of the best quality. Morocco Skins of all kinds. 1 Trunk of Gentlemen's London made Boots. 1 do. do. do. Shoes. 2 do. Ladies Fancy and White Kid Slips. 20 do. Mens and Womens Leather and Morocco Shoes. 150 Italian Straw Carpets. 100 Small Nova-Scotia Grindstones. ALSO, A few gross Hot Pressed Playing Cards, of a superior quality. Nov. 12. tf 230
The Norfolk Draw-Bridge Company, (For completing the Bridge across the Southern Branch) Will further contract for the following pieces of Timber, to wit, 24 Piles 38 feet long, 12 by 12 48 do. 46 do. do. 40 do. 56 do. do. 42 Cap Pieces, 34 do. 12 by 14 200 Braces, 11 do. 6 by 14 180 Joists or String Pieces, 27 do. 8 by 9 300 do. 27 do. 4 by 14 118 do. 53 do. 4 by 14 1000 Running feet of Railing, 27 ft. lengths, 4 by 6 17500 Superficial feet of 3 } 50 do. inch plank, in The whole of the above Timber must be of the best heart pine, and deliverable between the first of February, and last of March next. They likewise wish to live by the month, three or four pair of good Sawyers, for which liberal wages will be allowed—or they will contract by the hundred feet for Sawing up into Plank and Scantling, the Timber now in their yard, to the extent of, perhaps, 20 to 25,000 feet of line. The Stockholders in this Company, are respectfully reminded, that the second Monday in January annually, is appointed by their Charter, for the Election of Directors.—The meeting for this purpose, the year first ensuing, will be held at the Norfolk Hotel, at 11 o'clock on that day. December 31. tf 313
JUST RECEIVED, By the ship Roba & Betsey, Capt. Richardson, from London, and for sale by the Subscriber, A LARGE SUPPLY OF  DRUGS AND MEDICINES, of all kinds. Patent Medicines, Perfumery, &c. &c. Also received by the ship Almina, Capt. Stover, A LARGE ASSORTMENT OF  SURGICAL INSTRUMENTS, Consisting of Amputating, Trepanning, Cupping, midwifery: Tooth of different sorts, Crown and Common Lancets, and Surgical Pocket Instruments &c. &c.  HARDHAM'S SNUFF, No. 9. Also, by the ship Olive Branch, Capt. Le Breton from Bristol, A LARGE & EXTENSIVE ASSORTMENT OF  GLASS & FURNITURE, For Apothecary's and Practitioner's Shops. Those who favour us with their orders will be supplied on the most reasonable terms, and the articles of the best and freshest quality, as our importations are regularly twice a year, and laid in with cash, from the most respectable Druggists in London. MEDICINE CHESTS made up as usual. Also, a few elegant Mahogany Chests of the newest construction, with furniture complete,  PERRY'S ANTI-BILIOUS PILLS. Frederick Heermann & Son. July 17. 2aw 12m. 1  FOR SALE, SUPERFINE AND FINE FLOUR, and CROSS-MIDLINGS, by Thomas Ritson. Church-Street, October 27. 194
ARISTOTLE. Magna anima contentio adhibenda est in explicando Aristotele. CICERO, FRAG. PHIL. Frequentabunt ejus domum optimi juvenes et veram viam, venit ex oraculo petent. Hos ille formabit, ut vetus gubernator, littora et portus, et quid secum flatibus quid adversis ratem poscat, docebit, et communi ductus officio et amore quodam operis. QUINTIL. To proceed orderly in this (i. e. the study of politics) the foundation should be laid in enquiring into the ground and nature of civil society; how it is formed into different modes of government; and what are the several species of it. Aristotle is allowed (to be) a master in this science; and few enter upon the consideration of government without reading his politics. LOCKE. Aristotle's Nicomachean Ethicks afford not only afford the most perfect system of Scientific Morality, but exhibit also the powers of the most compact and best constructed system which the human intellect ever produced upon any subject. DR. RENNELL.
PROPOSALS, BY GEO. L. GRAY, OF NORFOLK, FOR PUBLISHING BY SUBSCRIPTION, THE FIRST AMERICAN EDITION OF  Aristotle's Ethicks and Politicks; COMPRISING HIS PRACTICAL PHILOSOPHY. Translated from the Greek; and illustrated by introductions and notes, a Critical History of his Life, and a new Analysis of his Speculative Works. BY JOHN GILLIES, LL. D. &c. Historiographer to His Britannick Majesty for Scotland.  CONDITIONS. The work shall be comprised in two large octavo volumes, on a good paper, and a new type to be cast on purpose. The price to subscribers will be four dollars for each volume, in boards: payable on delivery of the work. With the last volume shall be given a list of the subscribers; and no greater number will be printed than may be subscribed for. Persons who obtain ten subscribers, and render themselves accountable for the amount, shall be entitled to one copy gratis: and for any number above ten a commission of seven and one half per cent. The usual deduction will be made to Booksellers who subscribe for ten, or a greater number of copies. The work will be put to press as soon as a sufficient number of subscribers to defray the expense shall have been obtained. N. B. The price of the English Edition, in two volumes, is Eighteen Dollars, the subscriber to the present edition saves ten dollars of that sum: and the Editor engages that it shall rival or surpass the imported publication in elegance.
Any remarks upon the character of the STAGIRITE as a Philosopher and a Politician, or any praise of his writings on Ethicks and Government, might, on the part of the Editor and in this place, be regarded as an unprofitable supererogation. He stands confessed and universally acknowledged, the greatest master of the Science of Politicks; and few modern writers on the subjects of which he treats, have passed him by without avowing their gratitude to him, and their admiration of his profound researches. By the citizens of the United States, a people possessing more civil liberty than has ever before been enjoyed by any nation on earth, it is hoped that an author who is of all others most capable of instructing them in the nature and blessings of such a government as they have instituted, whose remarks result from a close examination of the theories of upwards two hundred commonwealths, will be received as a most welcome guest. To a people who, by the nature of their civil institutions, are individually liable to be called upon to regulate the affairs of the community, he will prove an useful companion and monitor. Too high an opinion cannot reasonably be entertained of a work which LOCKE declares to be necessary to every man who would understand the nature of politics; of a Philosopher to whom the learned GROTIIUS assigns the most exalted rank, "whether estimated by the perspicuity of his method, the acuteness of his distinctions, or the weight and solidity of his arguments." Of the translation little farther need be said, than that it is universally allowed to have been executed with fidelity, and certainly with much clearness and elegance. The learned author of the Pursuits of Literature, not otherwise much inclined to favour the Historian of Greece, says "I think we are much indebted to Doctor GILLIES for offering to the publick an English translation of the two most important treatises on MORALITY and POLITICS which antiquity can boast. No man can read these works without being wiser and better." Reflecting upon the great utility of such a work to a people who make politics so much their study, the Editor deems it unnecessary to load these proposals with recommendatory quotations, from the vast crowd of civilians and philosophers who voluntarily endeavoured to discharge the debt which every man to science owes to this universal teacher. It is under the hope of rendering a service to his fellow-citizens, independent of local motives, that he has undertaken the weighty task of republishing a work so important: and he hopes that his success will fully justify him for attempting, at this time, to give to the world a cheap, and he pledges himself that it shall be a correct edition of these most useful of the labours of ARISTOTLE. NORFOLK, Virginia, Nov. 26, 1804.
FALL GOODS. WE are now landing from the brig Commerce, from London, an extensive assortment of FALL GOODS, among which, are afforded packages, calculated for the West India market, entitled to drawback, which will be sold at low advance, by Gilliat & Mackinder. August 21. tf 92  NOW LANDING On Newton's Wharf, from on board the Schooner Plough-Boy, Captain Davis, from Martinique, 622 Hogsheads, } 4 Tierces, } 65 Barrels, } 9 do. }  Muscovado Sugar. COFFEE. WILLIAM PENNOCK. February 15. tf 423  FOR SALE—A BARGAIN. THE SUBSCRIBER, WISHING TO DECLINE THE RETAIL BUSINESS, OFFERS FOR SALE, HIS WHOLE STOCK IN TRADE, AMOUNTING TO ABOUT $20,000. CONSISTING OF DRY GOODS, Cutlery, Hardware, Castings, Nails of all sizes, and a number of other articles.—The whole will be sold on very low terms, and a liberal credit will be allowed, on bond with approved security.—Also, the balance of the lease of his Store, equal to any stand in Norfolk, if required. Property in the Borough of Norfolk, or Lands in the neighbouring counties, Publick Securities, &c. will be taken in exchange. For further particulars, apply to James Tucker. WHO HAS FOR SALE, ON VERY LOW TERMS, A VALUABLE TRACT OF LAND, on the South Branch of the Potomack. August 23. tf
JOHN C. NIEMEYER, Has received in addition to his former assortment  GERMAN GOODS, 45 packages German Linens, &c. chiefly entitled to drawback, Consisting of Plaidies, brown Hollands, ter, Wine Glasses, and Britannia, Basket Flasks, &c. Sheeting, extra fine 1 1-8 3 Boxes English Mustard. yard wide, 8 Bates Cloths, Blankets, Coatings, &c. Dowlass and Creas of the best quality, Andirons, Waffleiron, Shirt linen, Diapers, Coffee mills, Bird cages, and Bed Ticking for Mattresses, Seeds of all kinds, Bed Bunts fine 1 1-4 to 2 Table matts, & Straw plates, yards wide, Suspenders of the best kind, Ticklenburgs, Oznaburgs, Violins, Flutes, Clarinets and Brown Hempens Hessians, Fife, Harp strings and Brown and White Rolls, Violin strings, elegant Russia Sheeting and light Bows and Instruction books Canvas. ALSO, Looking Glasses, a large Velvet Ribbons no. 2 to 150, assortment of Baskets, fine Plush for Saddlers, black Satin and common do. do. Toys tin for waistcoats, cheap by the quantity. ALSO, Brussels Lace 4 to 20 dols. 90 boxes first quality Havana Segars, per yard, cheap Edgings, 50 do. good quality St. Jago do. German Nuns Thread, patent Needles, India sewing Silk, Made Shirts, Thread Stockings very fine, Razors, Spectacles, and Penknives, of the very first qualities, Che p Jewellery, fine Scissors, Muffs and Tips of Martin Skins, 15 boxes Tumblers, Decanter.
COW-POX. THOSE persons who wish to avoid catching the Small-Pox which now exists in this Borough, are informed that the subscriber has again succeeded in introducing the Vaccine Infection, and that he now has several arms fit to inoculate from. * * He has returned to his old shop at the lower end of the new market. George Balfour. An APPRENTICE wanted. Nov. 16. tf 326
LEVIN DORSEY; At the corner of Fayette and Wide-Water-Streets, Town-Point DAMM'S Patent Globes, 12 inches diameter, with compasses in the bottom, very complete. Quadrants, black and red ebony, with single and double observation. Ditto—with tangent screws, 12 inches. Achromatic Telescopes, for night and day, on the latest and most improved construction, in a portable size, with sliding sun-shade. Telescopes, of the common kind, for night and day observations, or for day only, of every description. Circumferents, of the best qualities. Mariner's Compasses, in brass and wood. Pocket Compasses, in brass, of different sizes. Time Glasses—hour, half hour, 28, and 14 seconds. Gunter's Scales; Brass Dividers; &c. &c. Likewise the following Articles, FOR THE USE OF NAVIGATORS. Hamilton Moore's Epitome and Affixant. General Charts of the Coast of America, from Boston to Philadelphia. Ditto—Continued, with directions. Ditto—West-Indies, and Demerary, with directions. Ditto—Windward Islands, with do. Ditto—Gulph of Florida, with do. Ditto—Windward Passage, with do. West-India Pilots, with directions. ALSO, A few tons of Baltimore Bar-Iron, afforded, by the ton or less quantity—Composition Bolts and Spikes—Bouches—Carriage wheel boxes, of all sizes—all which he will warrant good. N. B. All kinds of MATHEMATICAL INSTRUMENTS repaired, at the shortest notice. * * Orders for every species of Brass Castings received and immediately executed at his foundery, and the work delivered as above. August 7. tf 58
FOR SALE, 12 Puncheons ANTIGUA RUM. 15 do. GRENADA do. 5 Pipes HOLLAND GIN. 20 do. COUNTRY do. 12 do. FRENCH BRANDY. 2 do. ALICANT do. 22 Qr. Casks SHERRY WINE. 10 do. do. MALAGA do. PORT and CLARET WINE, in casks & bottles. 6 Barrels PORK—and about 1000 Dozen PORTER, of my last winters flock, equal to any imported. Joseph Hayes. August 24. tf 96  NOW LANDING On Maxwell's Wharf, from on board the Schooner SEAMAN, Capt. Seaman, from New-York, A CHOICE PARCEL OF  OLD COGNAC BRANDY, and a few casks of  DUTCH LINSEED OIL. Which will be sold low, by applying to John Brown, Rothery's Wharf November 19. tf 237
OILS, PAINTS & WINDOW GLASS, Of all kinds, colours, and sizes. For sale by N. Gregory, 3
LISBON SALT, For sale, on board the Brig Superior, Captain Wallington. Apply to WILLIAM PENNOCK. January 21. tf 359  SUBSCRIPTIONS Will be received at the Office of the Ledger, FOR THE  MONTHLY REGISTER AND REVIEW OF THE UNITED STATES, to be published at Charleston, S. C. By S. CULLEN CARPENTER. Price Six Dollars per annum, payable half yearly in advance. August 14.  NORFOLK: PUBLISHED THREE TIMES A-WEEK, BY J. COWPER AND G. L. GRAY. OPPOSITE THE EXCHANGE COFFEE-HOUSE Price Five Dollars and Fifty Cents yearly, in advance