Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1805-03-15 00:00:00

Berkeley and Jefferson Intelligencer.
[No. 43 OF VOLUME VI.]
FRIDAY, March 15, 1805.
[WHOLE NO. 393.]
WE are authorised to inform the Freeholders of Berkeley County, that GEORGE PORTERFIELD, Esq. and PHILIP C. PENDLETON, Esq. will be Candidates at the next election of Representatives for this County in the State Legislature.
We are authorised to inform the Citizens of Berkeley, Jefferson and Hampshire Counties, that Maj. JAMES STEPHENSON has consented at the request of a number of his friends, to be a candidate at the ensuing Election to a Representative for this District in the next Congress of the United States.
We are authorised to inform the Freeholders of this County, that Mr. JOHN GRAY and Captain MATTHEW RANSONE, will be candidates at the ensuing election of Representatives for Berkeley County in the State Legislature.
March 1, 1805.
To the Freeholders of Jefferson County.
FELLOW CITIZENS,
I OFFER myself as a Candidate at the ensuing election to represent you in the State Legislature.
I am, Gentlemen, with much respect, your most ob't. serv't. JOSEPH CRANE.
March 8, 1805.
To the Citizens of Jefferson, Berkeley and Hampshire Counties.
I HAVE consented, at the request of a number of my friends, to become a candidate at the ensuing election for a representative for this district in the Congress of the United States; and now solicit your patronage. It has hitherto been so much the custom to travel through the district, to solicit votes, that for me to omit that part of the business, might probably give occasion of offence to some—I will therefore devote as much time as can be spared for that purpose; flattering myself at the same time, that those gentlemen whom I cannot visit previous to the election, will not impute it to any want of respect for them, more than others; but to the want of sufficient time to make such a tour. As I would rather lose my election, than gain it by any unfair means; my opponent and his friends may rest assured, that no ungentlemanly or improper conduct on my part, will be resorted to, for the purpose of obtaining success; and I flatter myself, that I shall be treated with the delicacy which I am determined to exercise towards my competitor.
I am fellow Citizens, with due respect, your obedient servant, JOHN MORROW.
Shepherd's-Town, } February 12, 1805. }
Berkeley County, ss.
February Court, 1805.
George Riley vs Daniel Sturgess.
In CHANCERY.
THIS day came the complainant by his counsel, and it appearing to the court that the defendant is not an inhabitant of this commonwealth, it is ordered that the defendant do appear here on the Monday after the third Tuesday in May next, to answer the complainant's bill, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer and continued for two months successively, and also be posted up for two months successively at the door of the court house of this county.
A Copy. Attest, DAVID HUNTER, C.B.C.
NOTICE.
THE subscriber respectfully wishes to inform his customers and the public, that he has lately removed his Store to that eligible and commodious stand adjoining the Court House, fronting on Queen street and the public square, lately occupied by James Anderson, Esq. where he intends carrying on the Mercantile business.
He has just received a large additional supply of
Dry Goods and Groceries.
The ladies and gentlemen of this town and its vicinity, will please to accept my thanks for all former favours conferred, and I hope to merit continuation of their custom.
He has BLANK BOOKS for sale.
JEREMIAH EVANS.
Martinsburg, March 8, 1805.
AS the Subscriber intends removing from Martinsburg on the 28th inst. he hopes those who are indebted to him, either by Note or Account, will call at or before March court, and discharge their respective dues; in so doing they will prevent trouble and expense, as all notes and accounts not paid off by that time will be put into the hands of proper officers for collection.—He will offer for sale at public vendue on the 25th inst. Tables, Chairs, a Chest of Drawers, Bedsteads, and a variety of Household and Kitchen Furniture too tedious to mention, for which a generous credit will be allowed.
THOMAS PATTERSON.
Martinsburg, March 8, 1805.
THE subscriber has lost the following Books, viz. the 3rd Volume of the Abbes; 1st and 2nd volume of Adamina; 1st, 2nd, 3rd, and 7th volumes of Clarissa Harlow; Bruce's travels to the source of the Nile, bound in blue paper; the Investigating committee's report on the state of the finances, &c. of the session before last, exhibiting the state of the outstanding, unliquidated claims and balances due the United States, stitched in strong white pasteboard.
Any person who has borrowed, or who may now have in possession, any of the above Books, are requested to return them immediately.
JAMES FAULKNER.
Martinsburg, March 8, 1805.
ONE DOLLAR REWARD.
RAN away from the subscriber on Tuesday the 5th inst. an apprentice boy to the blacksmith's business, named Daniel M'Quillen; he is about 19 years of age, is 5 feet 5 or 6 inches high, rather slender, and has short fair hair; had on a gray broad cloth coat, drab cloth pantaloon, black cambric waistcoat, a wool hat, pale blue stockings and coarse shoes. One dollar reward will be paid to any person who will apprehend and return said boy to the subscriber, living near Hoke's stillhouse five miles from Martinsburg.
N. B. All persons are hereby cautioned against harbouring, or in any manner employing said runaway.
BENJAMIN MALISTER.
March 8, 1805.
FOR SALE.
A VALUABLE FARM containing near four hundred acres, in the County of Jefferson, situated between Charles-Town and Shepherd's-Town, and about three miles from the Potomac river. A more particular description is deemed unnecessary, as it is presumed whoever inclines to purchase will first view the premises. This Tract may be divided to suit any person who may wish to purchase a less quantity than the whole. Possession may be had immediately. For terms apply to the subscriber living in Charles-Town, Jefferson County.
JOHN DIXON.
March 8, 1805.
WANTED IMMEDIATELY,
AS an Apprentice to the Printing Business, a lad from twelve to sixteen years of age, of industrious habits, of moral conduct, and whose connections are respectable. One from the country would be preferred.
J: ALBURTIS.
Intelligencer Office, } March 8, 1805. }
Dr. J. P. Harris,
ONCE more requests all who are indebted to him, to come in immediately and settle their accounts, either by paying them off, or by giving their notes for what may be due.—Being much pressed for money himself, he hopes this request will be deemed reasonable and speedily complied with.—His affairs are in such a train, that no longer indulgence can possibly be given. February 22, 1805.
BY virtue of a decree issued from the District Chancery Court holden at Staunton, in the case of William Hough against James M'Donald, will be offered at public sale on Saturday the sixth day of April next, at two o'clock in the afternoon, on the premises, for ready money, half a Lot of GROUND, lying on King's-street, in the town of Martinsburg, whereon are standing several useful improvements, a good looking two story STONE DWELLING HOUSE, containing six rooms with some pains bestowed on their inside work, with a cellar under the whole, a Kitchen and other common appendant buildings, with a well on the premises, though it probably does not afford water at all seasons of the year, yet it is useful for the preservation of fresh provisions. This property is perhaps best known by the name of Duncan's stone house.
ELISHA BOYD, MATTHEW RANSONE, EPHRAIM GAITHER,
Commissioners.
February 22, 1805.
FOR SALE,
Pursuant to the last will and testament of Robert Creighton, dec'd, a valuable
Tract of Land,
Lying in the County of Berkeley and State of Virginia, three miles from the town of Martinsburg, on the road leading to Williamsport, eighty-five miles from the City of Baltimore, seventy-five from the City of Washington, and eighty miles from the town of Alexandria—containing six-hundred acres, one half cleared and under good fence, the balance well clothed with timber: There are on said land a number of never failing springs, and a sufficient quantity of Meadow: This Tract would suit well to be divided, as there are two Dwelling Houses, two Double Barns, and two Orchards of choice Fruit. It lies five miles from the river Potomac, the navigation of said river is now completed, produce may be conveyed down the river to the City of Washington and to the town of Alexandria at a small expense. For terms apply to William Riddle, of the town of Martinsburg. A good title will be made the purchaser by
WILLIAM RIDDLE, }Exr's. and Wm. CREIGHTON, Martinsburg, February 1, 1805.
NOTICE.
BY virtue of a deed of trust, to us executed by Matthew Whiting, we shall proceed to sell at public auction, at the Mansion house of the late William Henshaw, deceased, on the 28th day of March next, for cash, one Negro boy named Prince, the property of the said Whiting. Due attendance will be given by
ADAM S. HENSHAW, WASHINGTON HENSHAW, Berkeley County, January 18, 1805.
In the Senate of the United States, SITTING AS A
High Court of Impeachment,
ON THE 4th day of February, A. D. 1805. The United States vs. Samuel Chase.
[Judge Chase's Defence continued.]
It was for these reasons, that, on the 22d day of April, 1800, when the said John Fries, was brought into court, and placed in the prisoner's box for trial, but before the petit jury was impanelled to try him, the respondent informed the abovementioned William Lewis, one of his counsel, the aforesaid Alexander James Dallas not being then in court, "that the court had deliberately considered the indictment against John Fries for treason, and the three several overt acts of treason stated therein: that the crime of treason was defined by the constitution of the United States: that as the federal legislature had the power to make, alter, or repeal laws, so the judiciary only had the power, and it was their duty, to declare, expound, and interpret the constitution and laws of the United States: and it was the duty of the court, in all criminal cases, to state to the petit jury their opinion of the law arising on the facts; but the petit jury, in all criminal cases, were to decide both the law and the facts, on a consideration of the whole case: that there must be some constructive exposition of the terms used in the constitution, 'levying war against the United States' that the question what acts amounted to levying war against the United States, or the government thereof, was a question of law, and had been decided by judges Patterson and Peters, in the cases of Vigol and Mitchell, and by judge Iredell and Peters, in the case of John Fries, prisoner at the bar, in April 1799: That judge Peters remained of the same opinion, which he had twice before delivered, and he, this respondent, on long and great consideration, concurred in the opinion of judges Patterson, Iredell and Peters:—That to prevent unnecessary delay, and to save time on the trial of John Fries, and to prevent a delay of justice, in the great number of civil cases depending for trial at that term, the court had drawn up in writing their opinion of the law, arising on the overt acts, stated in the indictment against John Fries; and had directed David Caldwell their clerk, to make out three copies of their opinion, one to be delivered to the attorney of the district, one to the counsel for the petit jury, after they should have been impanelled and heard the indictment read to them by the clerk, and after the district attorney should have stated to them the law on the overt acts alleged in the indictment, as it appeared to him."
After these observations, this respondent delivered one of the abovementioned copies to the aforesaid William Lewis, then attending as one of the prisoner's counsel: who read part of it, and then laid it down on the table before him. Some observations were then made on the subject, by him and the abovementioned Alexander James Dallas, who had then come into court; but this respondent doth not now recollect those observations, and cannot undertake to state them accurately.
And this respondent further saith, that the paper marked exhibit No. 2, and herewith exhibited, which he prays leave to make part of this his answer, is a true copy of the original opinion, drawn up by him and concurred in by the said Richard Peters, as above set forth, which original opinion is now in the possession of this respondent, ready to be produced to this honourable court. He may have erred in forming this opinion, and in the time and manner of making it known to the counsel for the prisoner. If he erred in forming it, he erred in common with his colleague and with two of his predecessors; and he presumes to hope that an error which has never been deemed criminal in them, will not be imputed as a crime to him, who was led into it by their example and their authority. If he erred in the time and manner of

making know this opinion, he feels a just confidence that when the reasons which he has alleged for his conduct, and by which it seemed to him to be fully justified, shall come to be carefully weighed, they will be sufficient to prove, if not that his conduct was perfectly regular and correct, yet that he might sincerely have considered it as right; and that in a case where so much doubt may exist, to have committed a mistake is not to have committed a crime.
And this respondent further answering insists, that the opinion thus delivered to the prisoners council; viz. that "any insurrection or rising of any body of people within the United States, for the purpose of resisting or preventing by force and violence, under any pretence whatever, the execution of any statute of the United States, for levying or collecting taxes, or for any other object of a general or national concern, is levying war against the United States, within the contemplation and true meaning of the constitution of the United States," is a legal and a correct opinion, supported not only by the two previous opinions above-mentioned, but also by the plainest principles of law and reason, and by the uniform tenor of legal adjudications in England and Great Britain, from the revolution in 1688 to this time. It ever was, and now is his opinion, that the peace and safety of the national federal government, must be endangered, by any other construction of the terms "levying war against the United States," used by the federal constitution; and he is confident that no judge of the federal government, no judge of a superior state court, nor any gentleman of established reputation for legal knowledge, would or could deliberately give a contrary opinion.
If however this opinion were erroneous, this respondent would be far less censurable than his predecessors, by whose example he was led astray, and by whose authority he considered himself bound. Was it an error to consider himself bound by the authority of their previous decision? If it were, he was led into the error by the uniform course of judicial proceedings in this country and in England and is supported in it, by one of the fundamental principles of our jurisprudence. Can such an error be a crime or misdemeanor?
If on the other hand, the opinion be in itself correct, as he believes and insists that it is, could the expression of a correct opinion on the law, wherever and however made, mislead the jury, infringe their rights, or give an improper bias to their judgments? Could truth excite improper prejudice? Could the jury be less prepared to hear the law discussed, and to decide on it correctly, because it was correctly stated to them by the court? And is not that a new kind of offence, in this country at least, which consists in telling the truth, and giving a correct exposition of the law.
As to the second specific charge adduced in support of the first article of impeachment, which accuses this respondent, "of restricting the counsel for the said Fries, from recurring to such English authorities as they believed apposite, or from citing certain statutes of the United States, which they deemed illustrative of the positions upon which they intended to rest the defence of their client," this respondent admits that he did, on the above-mentioned trial, express it as his opinion to the aforesaid counsel for the prisoner, "that the decisions in England, in cases of indictments for treason at common law, against the person of the king, ought not to be read to the jury, on trials for treason under the constitution and statutes of the United States; because such decisions could not inform, but might mislead and deceive the jury; that any decisions on cases of treason, in the courts of England, before the revolution of 1688 ought to have very little influence in the courts of the United States; that he would permit decisions in the courts of England or of Great Britain, since the said revolution, to be read to the court or jury, for the purpose of showing what acts have been considered by those courts, as a constructive levying war against the king of that country, in his regal capacity, but not against his person; because levying war against his government, was of the same nature of levying war against the government of the United States; but that such decisions, nevertheless, were not to be considered as authorities binding on the courts and juries of this country, but merely in the light of opinions entitled to great respect, as having been delivered after full consideration, by men of great legal learning and ability."
These are the opinions which he did,
on that occasion, deliver to the counsel for the prisoner, and which he then thought, and still thinks, it was his duty to deliver. The counsellors, admitted to practice in any court of justice, are, in his opinion, and according to universal practice, to be considered as officers of such courts, and ministers of justice therein, and as such subject to the direction and control of the court, as to their conduct in its presence, and in conducting the defence of criminals on trial before it. As counsel, they owe to the person accused, diligence, fidelity, and secrecy, and to the court and jury, due and correct information, according to the best of their knowledge and ability, on every matter of law which they attempt to adduce in argument. The court, on the other hand, hath power, and is bound in duty, to decide and direct what evidence, whether by record or by precedents of decisions in courts of justice, is proper to be admitted for the establishment of any matter of law of fact. Consequently, should counsel attempt to read to a jury, as a law still in force, a statute which had been repealed, or a decision which had been reversed, or the judgments of courts in countries whose laws have no connection with ours, it would be the duty of the court to interpose, and prevent such an imposition from being practised on the jury. For these reasons, this respondent thinks that his conduct was correct, in expressing to the counsel for Fries, the opinions stated above, he is not bound to answer here for the correctness of his motives in delivering them. A contrary opinion would convert this honourable court, from a court of impeachment into a court of Appeals; and would lead directly to the strange absurdity, that whenever the judgment of an inferior court should be reversed on appeal or writ of error, the judges of that court must be convicted of high crimes and misdemeanors, and turned out of office; that an error in judgment is a punishable offence, and that high crimes may be committed without any criminal intention. Against a doctrine so absurd and mischievous, so contrary to every notion of justice hitherto entertained, so utterly subversive of all that part of our system of jurisprudence which has been wisely and humanely established for the protection of innocence, this respondent deems it his duty now, and on every fit occasion, to enter his protest and lift up his voice; and he trusts in the discharge of his duty, infinitely more important to his country than to himself, he shall find approbation and support in the heart of every American, of every man throughout the world who knows the blessings of civil liberty, or respect the principles of universal justice.
It is only then, for the correctness of his motives, in delivering these opinions, that he can now be called to answer; and this correctness ought to be presumed, unless the contrary appear by some direct proof, or by some violent presumption, arising from his general conduct on the trial, or from the glaring impropriety of the opinion itself. For he admits that cases may be supposed, of an opinion delivered by a judge, so palpably erroneous, unjust and oppressive, as to preclude the possibility of its having proceeded from ignorance or mistake.
Do the opinions, now under consideration bear any of these marks? This honourable court need not be informed that there has existed in England, no such thing as treason at common law, since the year 1350, when the statute of the 25th Edward III. chap. 2, declaring what alone should in future be judged treason, was passed. It is perfectly clear that decisions made before that statute, 450 years ago, when England, together with the rest of Europe, was still wrapped in the deepest gloom of ignorance and barbarism; when the system of English jurisprudence was still in its infancy; when law, justice and reason, were perpetually trampled under foot by feudal oppression and feudal anarchy; when, under an able and vigorous monarch, every thing was adjudged to be treason which he thought fit to call so; and under a weak one, nothing was considered treason which turbulent, powerful, and rebellious nobles thought fit to perpetrate: is it perfectly clear that decisions made at such a time, and, under such circumstances, ought to be received by the courts of this country as authorities to govern their decisions, or lights to guide the understanding of juries? Is it perfectly clear that decisions made in England, on the subject of treason, before the revolution of 1688, by which alone the balance of the English constitution was adjusted, and the English liberties were fixt on a firm basis; decisions made either during the furious
civil wars, in which two rival families contended for the crown; when the vicissitudes of war, death and confiscation in the forms of law, continually walked in the train of the victors, and actions were treasonable or praiseworthy, according to the preponderance of the party by whose adherents they were perpetrated; during the reigns of three able and arbitrary monarchs, who succeeded this dreadful conflict, and relaxed or invigorated the law of treason, according to their anger, their policy, or their caprice; or during those terrible struggles between the principles of liberty, not yet well defined or understood, on one hand, and arbitrary power, insinuating itself under the forms of the constitution, on the other; struggles which presented at some times the wildest anarchy, at others, the extremes of servile submission, and after having brought one king to the scaffold, ended in the expulsion of another from the throne: is it clear that decisions on the law of treason, made in times like these, ought not only to be received as authorities in the courts of this country, but also to have great influence on the decisions? Is it clear that decisions made in England, as to what acts will amount to levying war against the king personally, and not against his government, are applicable to the constitution and laws of this country? Is it clear that such English decisions on the subject of treason, as are applicable to our constitution and laws, are to be received in our courts, not merely as the opinions of learned and able men, which may enlighten their judgment, but as authorities which ought to govern absolutely their decisions? Is all this so clear, that a judge cannot honestly and sincerely have thought the contrary, without corrupt or improper motives? If it be not thus clear, then must it be admitted that this respondent, sincerely and honestly, and in the best of his judgment, considered these decisions as wholly inadmissible, or admissible only for the purposes and to the extent which he pointed out.
[To be continued.]
WASHINGTON-CITY, March 4.
This day, at twelve o'clock, Thomas Jefferson, President of the United States, took the oath of office, and delivered the following inaugural Speech in the Senate chamber, in the presence of the members of the two Houses and a large concourse of citizens.
SPEECH.
PROCEEDING, fellow-citizens, to that qualification which the constitution requires, before my entrance on the charge again conferred on me, it is my duty to express the deep sense I entertain of this new proof of confidence from my fellow-citizens at large, and the zeal with which it inspires me so to conduct myself as may best satisfy their just expectations.
On taking this station on a former occasion, I declared the principles on which I believed it my duty to administer the affairs of our commonwealth. My conscience tells me that I have on every occasion acted up to that declaration, according to its obvious import, and to the understanding of every candid mind.
In the transaction of foreign affairs, we have endeavoured to cultivate the friendship of all nations, and especially with those with whom we have the most important relations. We have done them justice on all occasions, favor where favor was lawful, and cherished mutual interests and intercourse on fair and equal terms. We are firmly convinced, and we act on that conviction, that with nations, as with individuals, our interests, soundly calculated, will ever be found inseparable from our moral duties. And history bears witness to the fact, that a just nation is trusted on its word, when recourse is had to armaments and wars to bridle others.
At home, fellow-citizens, you best know whether we have done well or ill. The suppression of unnecessary offices, of useless establishments and expenses, enabled us to discontinue our internal taxes. These, covering our land with officers, and opening our doors to their intrusions, had already begun that process of domiciliary vexation, which, once entered, is scarcely to be restrained from reaching successively every article of produce and of property. If, among these taxes, some minor ones fell, which had not been inconvenient, it was because their amount would not have paid the officers who collected them, and because, if they had any merit, the state
authorities might adopt them, instead of others less approved.
The remaining revenue on the consumption of foreign articles, is paid chiefly by those who can afford foreign luxuries to domestic comforts. Being collected on our seaboard and frontiers only, and incorporated with the transactions of our mercantile citizens, it may be the pleasure and the pride of an American to ask what farmer, what mechanic, what labourer, ever sees a tax gathered of the United States? These contributions enable us to support the current expenses of the government, to fulfil contracts with foreign nations, to extinguish the native right of soil within our limits, to extend those limits, and to apply such a surplus to our public debts, as places at a short day their final redemption, and that redemption once effected, the revenue, thereby liberated, may, by a just repartition among the states, and a corresponding amendment of the constitution, be applied, in time of peace , to rivers, canals, roads, arts, manufactures, education and other great objects within each state. In time of war , if injustice by ourselves or others must sometimes produce war, increased as the same revenue will be by increased population and consumption, and aided by other resources, reserved for that crisis, it may meet within the year all the expenses of the year, without encroaching on the rights of future generations, by burthening them with the debts of the past. War will then be but a suspension of useful works, and a return to a state of peace, a return to the progress of improvement.
I have said, fellow-citizens, that the income reserved had enabled us to extend our limits; but that extension may possibly pay for itself before we are called on, and in the mean time may keep down the accruing interest. In all events it will replace the advances we have made. I know that the acquisition of Louisiana has been disapproved by some, from a candid apprehension that an enlargement of our territory may endanger its union. But who can limit the extent to which the federative principle may operate effectively? The larger our association, the less will it be shaken by local passions. And in any view, is it not better that the opposite bank of the Mississippi should be settled by our own brethren and children, than by strangers of another family? With which shall we be likely to live in most harmony and friendly intercourse?
In matters of religion, I have considered that its free exercise is placed by the constitution, independent of the powers of the general government. I have therefore undertaken, on no occasion, to prescribe the religious exercises suited to it: but have left them, as the constitution found them, under the direction and discipline of the state or church authorities acknowledged by the several religious societies.
The aboriginal inhabitants of these countries, I have regarded with the commiseration their history inspires. Endowed with the faculties and the rights of men, breathing an ardent love of liberty and independence, and occupying a country which left them no desire but to be undisturbed, the stream of overflowing population from other regions directed itself on these shores. Without power to divert, or habits to contend against it, they have been overwhelmed by the current, or driven before it. Now reduced within limits too narrow for the hunter state, humanity enjoins us to teach them agriculture and the domestic arts; to encourage them to that industry which alone can enable them to maintain their place in existence, and to prepare them in time for that state of society, which, to bodily comforts, adds the improvement of the mind and morals. We have therefore liberally furnished them with the implements of husbandry and household use; we have placed among them instructors in the arts of first necessity; and they are covered with the aegis of the law against aggressors from among ourselves.
But the endeavours to enlighten them on the fate which awaits their present course of life, to induce them to exercise their reason, follow its dictates, and change their pursuits with the change of circumstances, have powerful obstacles to encounter. They are comblated by the habits of their bodies, prejudices of their minds, ignorance, pride, and the influence of interested and crafty individuals among them, who feel themselves something in the present order of things, and fear to become nothing in any other. These persons inculcate a sanctimonious reverence for the customs of their ancestors, that whatsoever they did must be done through all time; that reason is a

false guide, and to advance under its counsel in their physical, moral, or political condition, is perilous innovation; that their duty is to remain as their creator made them, ignorance being safety, and knowledge full of danger. In short, my friends, among them also is seen the action and counter-action of good sense and bigotry. They too have their anti-philosophers, who find an interest in keeping things in their present state; who dread reformation, and exert all their faculties to maintain the ascendancy of habit over the duty of improving our reason and obeying its mandates.
In giving these outlines, I do not mean fellow-citizens, to arrogate to myself the merit of the measures. That is due, in the first place, to the reflecting character of our citizens at large, who, by the weight of public opinion, influence and strengthen the public measures. It is due to the sound discretion with which they select from among themselves those to whom they confide the legislative duties. It is due to the zeal and wisdom of the characters thus selected, who lay the foundations of public happiness in wholesome laws, the execution of which alone remains for others: and it is due to the able and faithful auxiliaries, whose patriotism has associated them with me in the executive functions.
During this course of administration, and in order to disturb it, the artillery of the Press has been levelled against us, charged with whatsoever its licentiousness could devise or dare. These abuses of an institution so important to freedom and science, are deeply to be regretted, inasmuch as they tend to lessen its usefulness, and sap its safety. They might perhaps have been corrected by the wholesome punishments reserved to, and provided by, the laws of the several states against falsehood and defamation. But public duties more urgent press on the time of public servants and the offenders have therefore been left to find their punishment in the public indignation.
Nor was it uninteresting to the world that an experiment should be fairly and fully made, whether freedom of discussion, unaided by power, is not sufficient for the propagation and protection of truth? Whether a government conducting itself in the true spirit of its constitution, with zeal and purity, and doing no act which it would be unwilling the whole world should witness, can be written down by falsehood and defamation. The experiment has been tried. You have witnessed the scene.—Our fellow-citizens have looked on cool and collected. They saw the latent source from which these outrages proceeded.—They gathered around their public functionaries: and when the constitution called them to the decision by suffrage, they pronounced their verdict, honourable to those who had served them, and consolatory to the friend of man, who believes he may be entrusted with the controul of his own affairs.
No inference is here intended that the laws provided by the states against false and defamatory publications, should not be enforced. He who has time, renders a service to public morals and public tranquility, in reforming these abuses by the salutary coercions of the law. But the experiment is noted to prove that, since truth and reason have maintained their ground against false opinions in league with false facts, the press, confined to truth, needs no other legal restraint. The public judgment will correct false reasonings and opinions, on a full hearing of all parties, and no other definite line can be drawn between the inestimable liberty of the press, and its demoralizing licentiousness. If there be still improprieties which this rule would not restrain, its supplement must be sought in the censorship of public opinion.
Contemplating the union of sentiment now manifested so generally, as auguring harmony and happiness to our future course, I offer to our country sincere congratulations. With those too not yet rallied to the same point, the disposition to do so is gaining strength. Facts are piercing through the veil drawn over them; and our doubting brethren will at length see that the mass of their fellow citizens, with whom they cannot yet resolve to act, as to principles and measures, think as they think, and desire what they desire. That our wish, as well as theirs, is that the public efforts may be directed honestly to the public good, that peace be cultivated, civil and religious liberty unassailed, law and order preserved, equality of rights maintained, and that state of property equal or unequal, which results to every man from his own industry or that of his fathers. When satisfied of these views,
it is not in human nature that they should not approve and support them. In the mean time let us cherish them with patient affection. Let us do them justice, and more than justice, in all competitions of interest: and we need not doubt that truth, reason, and their own interests will at length prevail, will gather them into the fold of their country, and will compleat their entire union of opinion, which gives to a nation the blessings of harmony, and the benefit of all its strength.
I shall now enter on the duties to which my fellow citizens have again called me: and shall proceed in the spirit of those principles which they have approved. I fear not that any motives of interest may lead me astray: I am sensible of no passion which could reduce me knowingly from the path of justice; but the weaknesses of human nature, and the limits of my own understanding will produce errors of judgment sometimes injurious to your interest. I shall need therefore all the indulgence I have heretofore experienced; the want of it will certainly not lessen with increasing years. I shall need too the favour of that Being in whose hands we are, who led our fathers, as Israel of old, from their native land, and planted them in a country flowing with all the necessaries and comforts of life: who has covered our infancy with his providence and our riper years with his wisdom and power: and to whose goodness I ask you to join with me in supplications, that he will so enlighten the minds of your servants, guide their councils, and prosper their measures, that whatsoever they do, shall result in your good, and shall secure to you the peace, friendship, and approbation of all nations.
TH: JEFFERSON.
PHILADELPHIA, March 5.
A memorial addressed to the Legislature is now in circulation among the democrats of this state for the purpose of procuring subscribers. The object of it is to have a convention called to make a new constitution. The plan of this new constitution exhibited in the memorial to render the Senators elective annually: to reduce the power and patronage of the governor; and to change, fundamentally, the judicial department by rendering the judges elective at stated periods. It is said that most of the distinguished democrats of the city have already signed the memorial.
NEW-YORK, March 1.
The London papers state that Bonaparte had made overtures for peace to the English government; which was noticed in his majesty's speech at the opening of the parliament. The Spanish declaration of war against Great Britain, and the British order granting letters of Marque and reprisal against Spain, are published in these papers. A number of captures of rich Spanish vessels had recently been made by British cruisers, and had arrived safe.
A report was in circulation in London that subsidiary treaties with Russia and Sweden are in great forwardness; and it is stated that the subsidies will amount to five millions per annum. Russia was to bring into the field to act against France, 100,000 men. The Emperor of Germany and King of Prussia have been invited to accede to the confederacy, but without effect.
Policies were opened respecting the chances of war, 50 guineas for one year, 30 for two years, and 20 for three years, to receive 100 pounds for each sum, if the war continues longer than the periods mentioned.
The turn of conversation in France, it seems, now tends toward a general peace. Nothing indeed is more probable than that the usurper having gained the acme of his ambition, will endeavour to secure himself by the accomplishment of such an event. The spirited conduct of the northern powers, the late interference of the King of Prussia, the more than probable conjunction of the Emperor of Austria with the continental states, the accumulating force of the Russians in the Mediterranean, and above all, the naval power of Great-Britain, have shown the tyrant the futility of his aims at universal dominion, and convinced him that, having gained the top of the wheel, the continuance of the war cannot raise him higher; while it might, and would most unquestionably, sink him at least a spoke or two, if not hurl him down to the bottom. On these considerations we venture to predict, that
before many months have elapsed, some overtures will be made for bringing about a general peace. Having, however, outwitted us once, we hope that no such overtures will be accepted on our part, except on grounds more solid than the last peace was concluded.
MARTINSBURG, March 15.
Advertisements omitted shall appear in our next.
The President's Speech.—In the columns of this day's paper our readers will find Mr. Jefferson's second inaugural address. In this he very prudently takes care not to make any such promises as he had done in the first, which might again subject him to the inconvenience of having them contrasted with his actions. For although he says: "his conscience tells him that he has on every occasion acted up to that declaration according to its obvious import and to the understanding of every candid mind," yet it is clear from the tenor of this speech that he is no longer of opinion "that we are all federalists; we are all republicans;" and a review of his dismissals and appointments to office might even evince to his own mind: "is he honest, is he capable, is he faithful to the constitution?" were not the only questions which determined him in the exercise of executive patronage.
The narrow limits, we are confined to, will not admit of our enlarging on this subject; but were Mr. Jefferson as uniform in his philosophical and political opinions as he is systematic in courting popular applause, his inconsistency, we are sure, would never have been arraigned.—His messages and his speeches are all of a piece in that respect. After his many boastings of economy and skill in the arrangement of the public revenue, we behold him again renewing his favorite theme—He exultingly remarks, "it may be the pleasure and the pride of an American to ask what farmer, what mechanic, what labourer ever sees a tax-gatherer of the United States?" As if thereby he meant to insinuate that these classes of the community were exempt from taxes. A little reflection will teach them better. For it matters not to them whether they give the money to the merchants who pay it to the taxgatherer or to the taxgatherer himself; though perhaps the latter would be the best as the merchant will have his advance on the increased duty as well as on the price of the goods. It must also be considered, that the revenue which under the federal administration is raised from distilled liquors, carriages and stamps is now derived from an increased duty on merchandise, consisting in a great measure of articles of clothing and from salt, coffee and brown sugar, &c. which the poorer class of citizens want for daily sustenance. And thus it is plain that the money must at last come from their pockets, though Mr. Jefferson is so very kind and tenderhearted as to keep the taxgathers out of their sight for fear of "domiciliary vexation."
Complaints against the licentiousness of the press proceed with an ill grace from the patron of Paine, Duane and Callender. We all remember the fifty dollars he paid to Callender for abusing the federal administration. He must himself be aware that he ascended into power thro' the misrepresentation of the measures of his predecessors by underling writers, whom he aided and encouraged. It is known on all hands, that he has acknowledged, that he had a concern in the conduct of the Aurora, and that Duane was rewarded under his administration with a lucrative office for his editorial services. [F. T. Herald.]
Appointments—approved by the Senate.
Robert Smith, attorney general of the United States, in the room of Levi Lincoln—resigned.
Jacob Crowninshield, secretary of the navy, in the room of Robert Smith, appointed attorney general.
General Hull, governor of the territory of Michigan.
We understand these appointments received the unanimous sanction of the Senate. [Nat. Int.]
I DO hereby caution all persons from purchasing a bond of 318 dollars, dated December last, of Daniel Welsh, the greater part thereof being paid, as I am determined not to pay the same over again.
JACOB SHUH.
March 15, 1805.
George Tate
RESPECTFULLY informs the inhabitants of Jefferson County, that he will offer himself as a Candidate at the next Election; and if chosen, will, as heretofore, again faithfully represent them in the next General Assembly of this State.
March 15, 1805.
Public Sale.
Will be sold at public vendue, on Wednesday the 27th instant, at the plantation of the subscriber, 5 miles from Martinsburg, near the road leading to Williamsport.
A NUMBER of large active Draft HORSES, Cattle, Sheep and Hogs; a Waggon, Plows, a Windmill and other Farming Utensils; a number of useful BOOKS, Grain in the ground, &c. A reasonable credit will be given. The sale will begin about ten o'clock.
MARY ORRICK.
March 15, 1805.
The subscriber will sell his PLANTATION, lying on the Drains of Mill Creek, about three miles from the Stone Tavern, between that tavern and Sibert's mill.—This tract contains about 150 acres of good Land, 70 of which are cleared and under good fence, the balance of the Land is well timbered—On it is an excellent Apple Orchard of about 200 thrifty trees, a large Peach Orchard, and other fruit trees, 15 acres of good Meadow is now made, and more of the Land can easily be converted into meadow—There are on the place a convenient Dwelling House, Barn, Stables, Smoke House, &c. and an excellent Garden 100 feet square newly pailed, and several fine Springs. The subscriber being determined to leave this country, will sell the above Land at a very reduced price, for good pay he will let it go at 12 dollars per acre, and will take in part a Waggon and two good draft Horses.
JOHN HEATON.
March 15, 1805.
LOFTY.
THE noted Horse Lofty will stand the ensuing season at Martinsburg, and cover mares at six dollars the season, and thirty seven cents to the groom. This Horse is three-fourths of the Arabian or racing blood, and one-fourth of the Drey. His pedigree will hereafter be made known, if necessary. He will be shown at next Court, which, it is presumed, will supercede the necessity of any further recommendation.
D. HUNTER.
March 15, 1805.
THE subscriber will sell at public vendue, on the 1st day of March Court, at the Court House in Martinsburg, the HOUSE and LOT in which William McCaslin now lives in said town. He will also sell, at the same place and on the same day, some out LOTS near Martinsburg, that are sown down with Grass.
WILLIAM BURNS, sen.
March 15, 1805.
LANDS FOR SALE.
THE subscriber wishes to sell the Plantation whereon he now lives, situate on Back Creek, Berkeley County, 7 miles from Martinsburg and 15 from Bath, containing 333 acres of good strong Lime-stone Land, well watered, with at least 7 springs—150 acres are cleared and well enclosed, 8 acres of Meadow are made, and more Meadow land; the remainder of the tract is well covered with fine timber.—On the premises are a convenient Dwelling House, newly finished, Kitchen, a large Barn, Distillery, Fulling Mill, and some out houses, with a number of Fruit trees.—There is a good mill-seat, with a sufficiency of water, on this tract.
He will also sell one other tract of Land, situate on the river Potomak, near Richardson's Ferry, containing 102 acres, 40 of which are cleared, the greater part river bottom, the remainder of the Land is well timbered, and has a large sugar-camp on it—a small House is now built, and logs ready for raising a larger one. For terms apply to the subscriber.
WILLIAM SNODGRASS.
Back Creek, June 22, 1804.

FOR SALE or RENT.
THE large three story HOUSE, in which the subscriber now lives, situate in the town of Bath, Berkeley County; this House is well finished and sufficiently large to accommodate fifty Boarders, with servants. There is a large Carriage Shed, two good Kitchens, Stables sufficient to contain eighteen horses, and an excellent large Garden. This property has been long occupied for the entertainment of persons resorting to Bath, and is as well calculated for that purpose as any other in this town; if it is not sold previous to the 1st of April next, it will then be to rent, from one to five years.
I will also sell
Half a Lot of Ground in said town, calculated for a Tan Yard, with a few Vats on it, and a never-failing Spring of excellent water.
Also for sale
One Tract of Land, within a mile of Bath, containing 136 acres, 30 of which are cleared and under good fence—about 50 acres of this tract may be easily converted into good Meadow.
Another Tract of Land, half a mile from the Warm Spring Ridge, containing 182 acres, subject to the incumbrance of a lease for six years;—the whole of this tract is well clothed with the finest Timber.
One other Tract of Land, called the Lick Run, lying on the Brains of Sleepy Creek, four miles from Bath, containing 184 acres, all in wood, a considerable quantity of which is the most valuable yellow pine.
The whole of the above property will be sold together, or separately, as may best suit the purchaser. The terms will be made easy. For further particulars apply to the subscriber.
JOHN HUNTER.
Bath, March 1, 1805.
WANTED IMMEDIATELY, A SHOEMAKER
WHO can come recommended for his knowledge of the business, his attention and sobriety. He can be furnished with a shop, tools, &c. and may depend on being constantly employed. A single man will be preferred. Apply to the subscriber living in Buckles Town.
SAMUEL BLACKMORE.
March 1, 1805.
To be rented, and possession given immediately,
A FARM, off of which it is supposed there may be raised from 150 to 200 barrels of Corn annually—on the place is a Dwelling House with a good Spring convenient to it, a double Barn, Orchard, Meadow, &c. For further particulars inquire of the subscriber living near the premises.
STEPHEN SNODGRASS.
March 1, 1805.
To be rented, and possession given on the first day of April next,
THAT commodious and well-known stand, at the sign of the Indian Chief, in the Main street, Martinsburg; the house consists of three rooms on the lower floor, four up stairs, and a large Ball Room, with a Kitchen and a room adjoining for the use of the family, good Stables, Smoke House and Granary. This house is the best situated of any in town for travelling customers, and commands a great part of that custom at present. For further particulars apply to Mr. John O'Ferrall in Martinsburg, or to the subscriber at Mill Creek.
I will likewise rent,
A two story house in the same street, adjoining Mr. James Lawson's, with three rooms on the lower floor and two up stairs, with a convenient Kitchen and passage, and a cellar under the whole house. Apply as above.
IGNATIUS O'FERRALL.
March 1, 1805.
The following BLANKS, printed with NEW and ELEGANT TYPE, are always kept for sale at this Office: DEEDS, Common BONDS, Apprentices INDENTURES, Promissory NOTES, &c. &c. &c.
C A S H Given for clean Linen and Cotton
R A G S,
At the Office of the INTELLIGENCER.
Public Sale.
Will be sold at public vendue, on the first Tuesday in April next, at the dwelling plantation of the subscriber, near Martinsburg,
A NUMBER of Horses, Milch Cows, Sheep, Hogs and Geese, and a quantity of Bacon, a variety of Household and Kitchen Furniture, Farming Utensils, and a number of other articles too numerous to particularize. A generous credit will be given. The sale will begin about ten o'clock.
WILLIAM PATTERSON.
March 1, 1805.
FOR SALE, a well-improved
Plantation,
On Middle Creek, near Darkesville, Berkeley County, containing about two hundred acres, whereon Mr. Edward Chapman now lives, for which a general warrantee will be made to the purchaser, and which if not sold before the 20th day of March, will be rented for one year and possession given on the first day of April next. The terms will be made known upon application to the subscriber.
PETER LAWSON.
March 1, 1805.
Carriage for sale.
THE subscriber has for sale a handsome well finished COACHEE, with Plated Harness.
JOHN BAKER.
Shepherd's-Town, March 1, 1805.
LANDS for sale on the river Potomak.
THE subscriber will sell 230 acres of Land on the Potomak river, in the County of Washington and state of Maryland. 100 acres of which is the first rate Bottom, adjoining the land of Mr. David Missikmans; through the above tract of land there runs a never failing stream of water, with every convenience for a mill and Distillery on the largest scale, within five miles of Hancock and two of Bath, Berkeley County. For particulars apply to Mr. Cornelius Ferree, near Bath.
ELIZABETH MILLER,
near Front Royal, Frederick County, Virginia.
February 28, 1805.
** THE sale of Samuel Dunaway, advertised some time ago to take place on the 12th instant, will be postponed until the 20th of April next, on which day the articles before advertised, will be sold at public vendue.
March 1, 1805.
Those who have subscribed for PINKERTON'S GEOGRAPHY, are requested to call at this Office and lift the 1st volume of that work. The other volumes may be expected by the first arrival from Philadelphia.
A large quantity of FRESH Clover Seed
now ready for sale, by
JAMES & JOHN LANE.
Shepherd's-Town, March 1, 1805.
WANTED IMMEDIATELY,
In a Country Neighbourhood,
A SCHOOLMASTER, who can come well recommended for his capability and sobriety. It is supposed that at least 25 scholars can be raised. A man without a family will be preferred. Apply to WM. RUSH. Berkeley County, March 1, 1805.
FOR HIRE, TWO
Negro Girls,
One about fifteen and the other sixteen years old; they have both been accustomed to house-work, and one has for some time past been a cook. An employer in the country would be preferred. Inquire of the Printer. January 11, 1805. (wtf)
NOTICE.
THE public are informed that the Ferry Boat on the river Potomak opposite Shepherd's-Town, which was taken off some time since by the ice, is regained, without the smallest injury, and is crossing daily with the usual facility and safety, which so much accommodates the traveller. Those who are unacquainted with this excellent and safe crossing place, are informed, that no delays ever take place in consequence of high wind or water, owing to the peculiar situation of the river. An uncommonly fine Boat with excellent sober hands, is doubtless, a great inducement for travellers to pass this way, which is equally as near a road as any other from the back parts of Virginia and the Western countries to Baltimore and the City of Washington.
JOHN BLACKFORD.
March 8, 1805.
Berkeley County, ss.
February Court, 1805.
George Riley vs Joseph Gale.
In CHANCERY.
THIS day came the complainant by his counsel, and it appearing to the court that the defendant is not an inhabitant of this commonwealth, it is ordered that the defendant do appear here on the Monday after the third Tuesday in May next, to answer the complainant's bill, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer and continued for two months successively, and also be posted up for two months successively at the door of the court house of this county.
A Copy. Attest,
DAVID HUNTER, C. B. C.
ONE CENT REWARD.
RAN away from the subscriber, on Sunday morning the 24th ult. an apprentice to the Printing business, named Bill Eggleston, about 5 feet 7 inches high, has short light hair; when spoken to stares with a pretty full eye, very fond of liquor.—He had two years and about four months to serve. He formerly wrought in Brown & Charlton's Printing Office at Martinsburg, and, as his mother lives about five miles from that place, it is probable he has gone that way. Had on when he went away, a blue coat, brown cloth pantaloons, a striped swansdown waistcoat, a red baize under waistcoat, and a wool hat about half worn. The above reward, but no charges will be paid for bringing him home.
THOMAS GRIEVES.
English Printing Office, } Hagerstown, March 7, 1805. }
N. B. All persons are forewarned against harbouring or employing said runaway, at their peril.
NOTICE.
ALL persons having claims against the estate of Patrick M'Kelvey, dec'd, either by bond note or book account, are hereby requested to exhibit them properly authenticated for settlement—All persons indebted to said estate are also requested to make immediate payment to the subscriber.
GEORGE PAYNE, Adm.
March 8, 1805.
The high bred English Horse, YOUNG HAMILTONIAN,
WILL stand this season at M rs Millon's Long Marsh Run, five miles from Snicker's Ferry and two miles from Rock's Ferry, the first three days in each week, and in Smithfield the remaining part of the week, and cover mares at the low rate of eight dollars the season, [which may be discharged by paying six dollars by the 1st of October next] three dollars the single leap and twelve dollars to insure a colt.
Young Hamiltonian is a bright bay, raising eight years old, fifteen and a half hands high, moves well and has a lofty carriage, is of an uncommonly high spirit and was imported from England in the year 1802, by Major Griffith of Philadelphia; he is a horse of as pure blood, and is of the best breed for running in England; he was got by Old Hamiltonian out of a mare that was got by Old Matchem. It is thought unnecessary to trace his pedigree any further back, as his handsome figure and activity will be sufficient to recommend him. The greatest attention will be paid by JESSEE BROWN. March 8, 1805.
Carriage of FLOUR to George Town or Alexandria, by water.
I HAVE erected a large and convenient Ware-House, for the reception of Flour and other articles, on the road leading from Martinsburg to Williamsport, eight miles from the former place and four from the latter, where I will receive Flour, &c. and deliver it at either of the above places, agreeable to the directions of the persons who will favour me with their custom.
THOMAS SHEERER.
Falling Waters, March 1, 1805.
Bennett's Ferry.
THE subscriber respectfully informs those who may have occasion to cross Potomak at Bennett's Ferry, two and a half miles from Bath and eight from Hancock, that he has recovered his Ferry Boat, which he has got in complete order. Persons may now cross with the greatest safety and convenience, and may rely on his constant attention to serve them.
WILLIAM BENNETT.
March 1, 1805.
FOR SALE,
A PLANTATION, containing about 130 acres, about 100 of which are cleared; there is a convenient Dwelling House and Kitchen and a good Barn on the premises; near the House is a Well thirty feet deep, which never goes dry when kept clean; on one part of the Plantation there is a large and excellent Spring.—The Land is of a superior quality; it lies on the road leading from Martinsburg to Boyd's Ferry, and is about six miles from the former place.—If it is not sold before the first day of April next, it will be rented for one year. For terms apply on the premises, or to the subscriber in Martinsburg.
IGNATIUS PRICE.
January 23, 1805.
December Court, 1804.
Berkeley County, ss.
Barbara Helm, administratrix, and Jacob French, administrator of Martin Helm, deceased, Complainants.
against
Mary Foland, widow and relict of George Foland, deceased, and Mary Foland, Rebecca Foland and Eleanor Foland, children and heirs at law of said George Foland, Defendants.
In CHANCERY.
THIS day came the Complainants by their counsel, and it appearing to the Court that the Defendants are not inhabitants of this Commonwealth, it is ordered that the Defendants do appear here on the Monday after the third Tuesday in March next, to answer the Complainants' bill, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer, and continued for two months successively, and also be posted up for two months successively at the door of the Court-House of this County.
A copy. Attest,
DAVID HUNTER, C. B. C.
ONE CENT REWARD.
RAN away from the subscriber, some time in February last, an apprentice boy named George Lester; he is about six feet high and slender made; he took with him a variety of clothing not particularly recollected. One cent reward will be paid to any person who will return said runaway.
JACOB HAMMA.
Martinsburg, March 8, 1805.
MARTINSBURG, Berkeley County Virginia; Printed and published by JOHN ALBURTIS.
TERMS OF THE INTELLIGENCER.
THE price of this Paper is two dollars per annum, one dollar payable at the time of subscribing, and one when the year expires. Distant subscribers pay for the whole year in advance. The price of Advertisements, to non-subscribers, is one dollar per square for three weeks insertion, and for continuance after that time 25 cents per week; Subscribers will continue to receive a reduction of one-fourth on their Advertisements.