Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1807-02-27 00:00:00

Berkeley and Jefferson Intelligencer.
[No. 41 of Volume VIII.]
FRIDAY, February 27, 1807.
[WHOLE No. 405.]
Just Received.
THE subscribers have just received a handsome assortment of Fresh fancy Goods, among which are
Elegant superfine broad Thread Lace, Superb Ladies Grecian Dresses, Plain spotted and needle worked Leno Muslins, Plain Cambric and Lace ditto Ladies fashionable Cap Patterns and Neck Handkerchiefs, Fashionable split straw and Leghorn Bonnets, Plush Velvet and Camel's hair Shawls of all colours, Ladies and Gentlemen's white Kid Gloves, ditto Silk, Changeable Lutestring, Silk and Cotton Chambroy Muslins, Ladies patent cork soled Shoes, Ditto Morocco and Kid Slippers, Gentlemen's imported and countrymade Hats, Superfine 4-4 Irish Linens, low-priced ditto, and 3-4 Sheeting, Best superfine Calicos, new patterns, Common and low-price ditto, Best superfine London Broad Cloths, President's, Bennett's and Constitution Cords, Velvets and Fancy Cords, Gentlemen's fashionable cut Silk Velvets Vest Patterns, Bennett's Fancy Cord ditto and Swandowns.
They have remaining, a few Flannels, Blankets and coarse Cloths, which they will sell low to close the sales.
Also on hand, a large supply of Bar-Iron, Plow Molds, Steel and Castings; China, Glass, Queens, Stone and Tin Ware, with a complete assortment of Saddlery, Hardware, Groceries, Paints, Oil, Patent and other Medicines; a large quantity of old Whisky, distilled in Maryland out of pure rye.
ALSO,
Fresh Clover Seed,
Of last year's growth as will appear from the following certificate:
"I do hereby certify that the load of Clover Seed which I have this day sold James & John Lane, merchants, of Shepherd's-Town, is good, sound, fresh Clover Seed, all of last year's growth; it being raised on my own farm, in Lancaster County, Pennsylvania. Given under my hand this 11th day of February, 1807. ABRAHAM LONG."
"Attest, Martin Sheets." All which they will sell low, and request all those who wish to get cheap Wagon-tires to call on them at the Market-house square.
JAMES & JOHN LANE, Shepherd's-Town, Feb. 16, 1807.
P. S. They earnestly request all those indebted to them, and whose bonds, notes and accounts are due, to discharge the same before the first of next month, so as to prevent trouble and expense to themselves. (The necessity of punctuality must be obvious to every reflecting mind.) They will receive Flour, Wheat, Rye, Corn, Oats and Flax-Seed in payment, and allow the highest market price.
JAMES & JOHN LANE.
NOTICE is hereby given, that an ELECTION will be held at the Court-House in Martinsburg, on the Monday after the third Tuesday in April next, for the purpose of choosing a fit person to represent the District composed of the Counties of Berkeley, Jefferson & Hampshire, in the House of Representatives of the United States.
NICHOLAS ORRICK, Sheriff. February 20, 1807.
NOTICE is hereby given, that an ELECTION will be held at the Court-House in Martinsburg, on the Monday after the third Tuesday in April next, for the purpose of choosing two fit persons to represent the County of Berkeley in the General Assembly of this State. NICHOLAS ORRICK, Sheriff. February 20, 1807.
NOTICE is hereby given, that an ELECTION will be held at the Court-House in Martinsburg, on the Monday after the third Tuesday in April next, for the purpose of choosing a fit person to represent the District composed of the Counties of Berkeley, &c. &c. in the Senate of this State.
NICHOLAS ORRICK, Sheriff. February 20, 1807.
FARMERS ATTEND.
WILL be sold at public vendue, on Wednesday the first day of April next, that beautiful FARM where Jacob Miller, dec'd, formerly lived: lying in Jefferson County, on the road leading from Shepherd's-Town to Charles-Town, nearly in the centre, and adjoining the plantation on which the late Geo. Darks formerly lived, containing 160 acres, one third of which is well covered with timber. This Farm, for beauty and convenience, exceeds any of its size in Berkeley, Jefferson or Frederick; the land is of the first quality and lies level; there are fifteen acres of excellent Meadow with a stream of water running thro' the middle of the same; there are several never-failing springs that issue out near the dwelling house; the improvements are two Dwelling Houses, a good Barn, fine Stable and Smoke House, an excellent Still-House with plenty of overhead water, a Milk House and Black-Smith's Shop, with a fine Orchard of Fruit trees; the Houses are all in good repair. The sale of the Land will be on the premises, precisely at ten o'clock in the forenoon.
There will likewise be offered for sale on the premises in Charles-Town, on the same day, about two o'clock in the afternoon, two half-acre LOTS, one situated on a corner on the Main street; the improvements are two log Houses and other necessary buildings; the houses are two stories high and well finished with good cellars under them; these houses are in a fine situation for any kind of public business; they will be sold together, or separate, as may best suit the purchasers. The other Lot is in a good part of the town, but without improvements. The terms will be one half down, and the remainder in easy annual payments.
JOHN MILLER and } Admrs HENRY MILLER, Feb. 13, 1807.
Dissolution of Co-partnership.
THE partnership of Bell & Cherry, has this day dissolved by mutual consent; those indebted to said firm are requested to come forward and settle their accounts immediately, and all those having any claims against said firm, are desired to present them immediately for settlement. BELL & CHERRY. Smithfield, Feb. 13, 1807.
Jefferson County, ss. October Court, 1806. William McCormick, Complainant, AGAINST William Hiett, Benjamin Bell, William P. Flood, Joseph Bell, jun. John Daniel, and Samuel Daniel, Defendants. In CHANCERY.
THE defendant William Hiett, not having entered his appearance agreeable to an act of assembly and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this commonwealth, upon the motion of the complainant by his counsel, it is ordered that the said defendant William Hiett, appear here on the second Tuesday in April next, and answer the complainant's bill, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer for two months successively, also published at the front door of the court house of the said county for the same length of time.
A Copy. Attest. GEORGE HITE, c.j.c.
BOLTING CLOTHS.
JUST received an extensive assortment of best warranted BOLTING CLOTHS, of every description, which will be sold unusually low, by KENNEDY & RAGAN. Hagerstown, June 5, 1806. [17]
SKETCH
Of the proceedings of the Virginia Legislature, 1806-7. (CONTINUED.)
7. An act concerning Idiots and Lunatics. When the court of directors of the Williamsburg hospital shall for want of room or any other cause, refuse to receive any person sent to the said hospital, under the law now in force, the officer and guard to whom such idiot or lunatic was entrusted shall carry him back to the magistrates before whom the examination was had, who are to give to the said officer and guard a certificate of the services performed, and of the distance he was sent: which certificate shall authorise the auditor to issue his warrant for the said services and travelling expenses, allowing five cents a mile for going to and returning from the hospital, besides ferrages, and allowing further to such officer four cents a mile for going and the same for returning for such idiot, &c. besides ferrages, to be paid out of any money in the treasury.
When upon the return of an insane person, to the county from which he was sent, it shall be necessary to confine him in jail, the jailor shall receive him, and be paid in the same manner as for prisoners confined for offences.
All expenses incurred under this act shall be reimbursed out of the estate of the insane person, if any; provided such person be found insane by the court of directors. All acts contrary hereto are repealed. (To commence from the passing.)
8. An act directing the mode of proceeding against decedents' estates and providing a mode of reviving suits in certain cases.
Where on the default of the qualification of an executor or administrator, the estate of a deceased person is committed by a court to the then sheriff any creditor of the decedent may prosecute any action at law or suit in equity, against such sheriff, which he might have maintained against an executor or administrator, if one had qualified on such deceased person's estate; in which action or suit, the court shall render such judgment or decree as in ordinary cases; which if against the sheriff, shall charge the assets in his hands, and be paid by him under the order of the court either by discharging the whole debt, or if there be not sufficient property of the deceased, then in proportion to what other creditors shall receive under such order, and if the sheriff shall die before he has fully administered, the succeeding sheriff or sheriffs then in office, shall take into his hands the estate of such decedent administered; and shall, in all respects, act as if it had been originally committed to him; and all suits relative to the said estate commenced by or against his predecessor may be revived by scire facias in his name: Provided the same could have been revived by or against an executor or administrator. Where an appeal, writ of error, or supersedeas is now or may hereafter be depending in any court, shall abate or is now abated, by the death of either appellant or appellee, or the plaintiff or defendant in error, and the estate of either such party shall be committed to the sheriff as before mentioned, the court where such appeal, writ of error or supersedeas is now or may hereafter be depending, may revive the same by scire facias, in the same manner that it might have been revived if an executor or administrator had qualified. Where any suit depending in any court of law or equity, is abated or shall abate, by the death of the plaintiff or defendant, it may be revived by a scire facias in the name of the sheriff to whom the estate may be committed as aforesaid; Provided, the same could have been revived by or against an executor or administrator: Provided nevertheless, that in case of a suit brought or revived against a sheriff, or an appeal, writ of error, or supersedeas, revived against a sheriff as representing a deceased person as aforesaid, such sheriff shall not be liable to costs, in case a decree or judgment is rendered against him, unless he has assets to defray such costs, and if he has not sufficient assets, then the said plaintiff, appellant or plaintiff in error shall be liable for so much of said costs as the
sheriff shall not have assets enough to pay. (To commence from the passing.)
9. An act to amend an act intitled "An act to compel the attendance of witnesses before a single justice of the peace." When a person is summoned to attend as a witness before any magistrate of a county or corporation, to give evidence in any matter depending before such magistrate, and shall fail to attend, not having a reasonable excuse, he shall be fined by the magistrate before whom he shall so fail, in any sum not exceeding five dollars, to the use of the party for whom he was summoned, and shall moreover be liable for damages as now prescribed by law: Provided, that the witness so failing, may for good cause shewn be excused, as heretofore. (To commence the 1st of June next.)
10. An act concerning Impressments. Whenever it shall be necessary to impress any property for the use of the commonwealth, the officer or person impressing, shall apply to a justice of the county wherein the property shall be impressed, who shall cause it to be appraised by two disinterested, respectable housekeepers sworn for that purpose; and if the property so impressed shall be totally lost in the service of the commonwealth, the officer or person impressing it shall so certify: Which appraisal and certificate shall authorise the auditor to issue a warrant upon the treasury, for the amount, to be paid out of any monies therein. Should the property be restored to the owner, and he should conceive it had been injured, he may, within five days thereafter, call on the same persons who first valued it, if to be found, who shall be sworn to determine its value at the time it was restored to the owner, otherwise any justice in the county where the property was impressed, may cause two housekeepers to value the same upon oath as aforesaid. The justice or justices, shall certify to the auditor, such first and second valuation, with their true dates, and the time such property was restored who shall if the second valuation amounts to a less sum than the first, issue a warrant for the difference as aforesaid: Provided, that in all second valuations the hire of the property shall be taken into consideration by the appraisers. If the property shall have been injured by the officer or person impressing it, or any other person, whereby the state sustained an injury; any attorney for the commonwealth, in the county where such person resides, may, by motion on ten days notice, recover the amount in damages before any court; but such person may have the motion tried by a jury: Provided, he will not delay the trial. (To commence from the passing.)
11. An act to amend the acts concerning Constables.
Every constable hereafter appointed, shall enter into bond in such penalty, not less than 500 nor more than 1500 dollars, as the court appointing him shall direct, and in the manner and form now prescribed by law. The several county courts when they appoint constables, under the act "concerning constables," shall lay off their county into as many districts as they may deem convenient, and assign one or more constables to each. And every constable shall confine himself, in the service of warrants and executions, to his own district and return all warrants to some place therein: any constable acting contrary thereto, forfeits five dollars, recoverable by motion, on ten days notice, against him and his securities, or their executors, &c. before the court of the county where he was appointed. Any constable receiving a fee to which he is not entitled, or more than the legal fees, shall pay to the party injured, three dollars for every offence; and shall moreover be liable for double the sum so improperly received, to be recovered on motion as aforesaid.
12. An act to amend and explain an act, intitled "An act to reduce into one all acts and parts of acts relating to the appointment and duties of sheriffs."
(The first section of this act is intended to authorise the executive, for good cause shewn, to commission a sheriff altho' he may not have applied for his commission within one month after his nomination, or given bond within two months after his appointment, see Rev. Code Pl. ed. pa. 120. In case of a va-

cancy in the office of sheriff or sergeant, the coroner is authorised to perform all the duties of their office, except the collection of taxes, levies, fines, forfeitures, amercements and officers' fees; and for neglect of duty is liable to the same penalties and proceedings, as in case of the sheriff.
(The third section authorises the deputy sheriffs, in case of the death of the high sheriff, to collect and make distress for levies, fines, forfeitures or amercements which may be due at the time of his death; and also all officers' fees, which may have been received by such high sheriff, or any of his deputies; and moreover gives the county court the same power of appointing a collector in case of the death of the high sheriff and his deputy, and imposes the same penalties, &c. on such collector as are prescribed by law in relation to taxes. See Rev. Code, Pl. ed. pa. 182, sec. 29, 30, 31.)
The same remedy is given against the securities and representatives of sheriffs, sergeants and coroners as is given against the sheriff, officer or under sheriff or securities of such under sheriff by the 31st. section of the act entitled "An act for further continuing and amending an act reducing into one the several acts concerning executions, and for the relief of insolvent debtors."—See Rev. Code, Pl. ed. ch. 151, pa. 305.—See also, same book, ch. 176, sect. 8, pa. 325.—Sess. acts 1805, ch. 199, pa. 71.
13. An act to amend the act entitled, "An act to reduce into one the several acts concerning wills, mill dams and other obstructions of water courses."
(The first section of this act authorises the same proceedings to be had, by a person desirous to build a mill or other engine useful to the public, where the middle of the water-course is the dividing line between him and another, as if it wholly belonged to him or the Commonwealth.)
The ninth section of the act to which this is an amendment, with the proviso thereto is repealed.—See Rev. Code, Pl. ed. ch. 105 pa. 195.
All millers shall well and sufficiently grind the grain brought to their mills for the usual consumption of the persons bringing it and their families, and in due time as brought, and may take one eighth part for toll where it is ground into meal, and one half that toll where it is ground into hominy or malt. And every miller or occupier of a mill, who shall act contrary hereto shall forfeit $5 50 cents to the party injured, recoverable before any justice of the county where the offence is committed. And if the miller be an indentured servant or slave he shall, in lieu of the forfeiture aforesaid, receive for the first offence ten lashes, and for the second twenty; but upon a third conviction the master of such servant or slave, or his overseer or agent shall pay $5 50. for every offence afterwards committed.—Provided that every owner or occupier of a mill shall have a right at any time to grind his or her grain for the consumption of his or her family; and provided also, that no miller shall be obliged to run more than one pair of stones for the purpose of grinding grain brought to his mill for the consumption of the person bringing the same and their families. (To commence from the passing.)
14. An act to amend an act entitled, "An act to amend the several laws concerning slaves."
When any inhabitant of this state shall have left, or may leave it, with an intention of returning, and shall have carried or may carry any slave with him, he shall be at liberty to bring such slave back with him, on his return.—Any person whose land extends across the boundary line of this state, or who cultivates land adjoining upon both sides thereof, may work and remove his slaves on either side at his pleasure; but no slave owned in another state, and so to be employed in this state shall be sold, or otherwise employed therein. And any person an inhabitant of this state on the 25th of January last, may within six months after the passage of this act bring into this state any slaves and their increase since that day, whereof he was then and is now the real owner.
Any inhabitants of another state may employ their slaves in conveying their produce to markets or as travelling servants through this state. All acts contrary hereto are repealed (To commence from the passing.)
15. An act concerning the abatement of suits and executors and administrators.
If either party in an action at law or suit in equity now or hereafter depending, shall die before final judgment or decree, such action or such suit shall not abate if it were originally maintainable by or against an executor or administrator; but the plaintiff or his executor or
administrator may have a scire facias against the defendant or his executor or administrator to show cause generally why the action or suit should not be prosecuted to a final judgment or decree; and if the executor or administrator upon the return of a scire facias executed shall not enter an appearance, the court may proceed to a final judgment or decree as if they had appeared. And if the executor or administrator shall appear upon the return of the scire facias executed , or without a scire facias , voluntarily enter himself a defendant, in either case he may plead de novo any plea which an executor or administrator may lawfully plead; or as the deceased party might have pleaded. And if such executor or administrator should not wish to plead de novo , or if no issue should have been joined or pleadings entered before the death of his testator or intestate, or if any interlocutory judgment or decree should have been entered in the lifetime of the decedent; and the executor or administrator shall refuse to plead or not desire to set aside the interlocutory judgment or decree, the court shall proceed to a final judgment or decree for or against the executor or administrator in the same manner as if the original writ had been issued against him as such. And the cause shall remain in its place on the issue or appearance docket; as the case may be; but the defendant, being an executor or administrator, shall be entitled to a continuance to the next term after that to which a scire facias shall have been returned executed, or at which a voluntary appearance was entered. Provided, that no executor or administrator shall be liable to answer any debt or damages out of his own estate, beyond the assets which may have come to his hands, in consequence of any false pleading, mispleading, or nonpleading, in any action now depending or hereafter to be brought. Nothing in this act shall prevent the court in which any such suit is tried from rendering judgment as heretofore, when it shall be found that the defendant hath sufficient assets, or for so much as shall be found to be in his hands. All acts contrary hereto are repealed. [To commence from the passing.]
16. An act to amend an act reducing into one the several acts concerning the court of Appeals.
The vacancy occasioned by the resignation of Paul Carrington, Esq. is not to be supplied; and the court is to consist of 4 judges till another vacancy shall occur; after which it is to consist of three. As the seat of a Judge becomes vacant, his salary is to be equally divided among the remaining Judges, who are to hold three terms in a year, the first to commence on the 1st of January and continue 45 days, the second on the 1st of June, to continue 35 days, and the third on the 5th of October, to continue 45 days, unless the business at either term is sooner decided.
No appeal on a forthcoming bond is hereafter to be allowed, from a District Court of common law or chancery; but a writ of error or supersedeas may be awarded as heretofore; except that in no case shall an appeal or writ of error be granted in open court.
17. An act concerning the proceedings in chancery, &c.
The judges of the chancery district courts may, in vacation, direct an account to be taken; and decide any points on which the commissioner may doubt; but without arguments of counsel, except by consent of parties. No appeal shall be granted in any chancery cause, till a final decree, unless the court should deem it necessary, in order to prevent a change of property, under an interlocutory decree. If the record of appeal from inferior to a superior court of chancery be not sent up, before or during the second term after granted, it shall be dismissed with costs, unless good cause be shown. If the defendant in a chancery district court does not file his answer within 3 months after bill filed and service of subpoena, the bill may be taken for confessed, and proceeded on, as upon an attachment executed. In suits against absent defendants, the court may order publication in any newspaper, in the Commonwealth.—The May term of the chancery district court of Richmond, shall hereafter commence on the 1st day, and the September term on the 5th. Commissioners in chancery are allowed the same fees for copies (where no special allowance is made by the court) as the clerk of their court, to be taxed in the bill of costs, and collected as clerks' fees. Clerks for the chancery district courts, are also allowed the same fees for executions, and taxing damages and costs, as clerks of the district courts of law. [To commence the first of April next.]
18. An act concerning juries and veni-
remen, authorises the court to make an additional allowance to each of the latter not exceeding $1 25, for every day's detention after the first. All allowances heretofore made by the courts for the expenses of venire men detained shall be liquidated by the auditor, and a warrant granted on the treasurer for the amount. [To commence from the passing.]
19. An act giving power to the county courts to establish Ferries, &c.
Transfers to that tribunal the powers heretofore exercised, on that subject, by the Legislature.—The application must be advertised at the Court-house door for two successive courts, and divided by a majority of the whole justices of the county. The details of this act are too minute for insertion.
20. An act to empower the Executive to appoint persons to collect the arrears of taxes.
This act authorises the Executive to appoint agents to collect the arrears of taxes, &c. prior to 1802, and to allow them not less than 17 1-2 nor more than 25 per cent. commissions.
21. An act "concerning district courts and assignors of bonds, &c." provides, that when the General Court shall fail to sit and allot the judges to the districts the former allotment shall prevail. Where a cause is removed by habeas corpus or certiorari , it is to be proceeded on from the stage in which it stood in the inferior court.—An action is given by an assignee against a remote assignor of a bond &c. but the defendant may avail himself of any defence which he might make against his next immediate assignee.—The Richmond District Court of Common law, shall hereafter commence on the 28th of March and August, and sit fifteen days. (To commence the 1st of April next.)
[To be continued.]
From the Baltimore Federal Gazette.
It is with a regret, which I am unable to express, that I find myself constrained to meet the public eye, in the following narrative, which I submit to the serious attention of the reader; and reluctantly acknowledge the superior advantages which my accuser derives from rank and patronage, whilst I have nothing but truth and honor to support me.
Some few days after general Wilkinson had denounced Aaron Burr as a traitor, at the government house in New Orleans, and when he himself had become an object of ridicule and distrust, I was informed that Dr. Bollman was then under arrest at the instance of the general, and without any other than his own arbitrary authority.—Not being sufficiently intimate with the Doctor to feel any thing like friendship for him, I yet felt that as a man, and particularly as a stranger in the country, he had claims upon my professional exertions to arrest, if I could, the strong arm of military power which had been raised apparently to crush him, and being at the same time particularly requested by the lady with whom he lived, to do what I could in his behalf, I immediately presented an affidavit of the fact to the senior judge of the superior court, and requested him to allow a writ of habeas corpus; this, from a fear of disobliging so great a man as the general, or being actuated by some other prudent motive, judge Sprigg refused to do unless he had the approbation of his brother judge, and expressed a wish that I would defer it until the next day, when the court would be in session.—I told him that something ought to be done immediately; that in the morning it might possibly be too late; and at last prevailed upon him to accompany me to the lodgings of judge Mathews. Mathews was not within—I waited for him a considerable time, whilst his learned brother of the court was ineffectually exploring the pages of Bacon's Abridgement, in order to comprehend the mysterious nature of a writ of habeas corpus; and at the same time making shrewd remarks upon the inapplicability of British statutes and English doctrines to the writ (which, as he wisely observed, was not the statute) of habeas corpus in the United States, or their dependencies.—I was confounded—indignation, mingled with contempt and astonishment, possessed me entirely—I went home and delayed the matter until the next morning.
The next day, when the judges had resumed the hearing of an old cause, I entered the court-room, and taking advantage of a short interval of suspense, rose and told the judges, "That I must beg leave to interrupt their present business, as I had a motion of great urgency to make—one of more moment than had ever been presented to their consideration before: that it was no less than to assert
the sacred right of the subject to the writ of habeas corpus; and that it was grounded upon the affidavit, which I then read to them—I also quoted the general doctrine from Blackstone, shewing that the common law writ, is entitled to all the advantages of the provisions of the several statutes; and after hinting at the probable consequences of such an outrage in a territory but newly acquired by the United States, and just emerging from a system of tyranny, I finally expressed a strong hope that the court possessed sufficient firmness to grant my motion."
Mr. Livingston, at my request seconded me, and as it were prophetically observed, "That he well knew the miserable attempt which would be made to implicate himself and me in some base suspicion, for what we had done that day, but he thanked God! that he had a heart and a mind to despise it."
Another affidavit was then added, by way of supplement, and even then, will it be credited?—the court applied to Mr. James Brown, United States attorney for the Orleans District, for his opinion; and hearing from him, that the law was too clear to admit of a doubt, they at last ventured to allow the writ, altering the time of the return from instant to eleven o'clock the next day. It was then delivered to the sheriff who was directed to serve it.
Eleven, twelve and one o'clock elapsed the next day, and no return was made to the writ. I then addressed the following letter to the general:
SIR, I take the liberty of informing you, that unless a return to the writ of habeas corpus allowed by the court, and directed to you, be made within a reasonable time after the receipt of this letter, I shall consider it as my indispensable duty to move the court whilst in session, for a writ of attachment against you. I give myself this trouble to the end that you may be perfectly apprized of the measure, and am, sir, your obdt servt.
JAMES ALEXANDER. To general James Wilkinson.
After dinner I returned to court, and Mr. Livingston handed me a letter addressed by the general to the judges. It stated in substance, that he had no intention of resisting the civil authority, but that business of the highest consequence to their "common country," would prevent him from making any return to that writ before the next morning.
Mr. Lewis Kerr having obtained a writ of habeas corpus from judge Workman, in behalf of Mr. Peter V. Ogden, who had also been put under arrest, by a similar illegal order of the general, and who was detained on board the bomb ketch Etna , and being himself indisposed, requested me by note to attend to that business for him. I did so accordingly; and lieutenant Jones, who commanded on board the Etna , and commodore Shaw, both appearing in obedience to the writ, and having declared that they had no charges to exhibit, the judge ordered Mr. Ogden to be set at large. This gentleman accompanied me home, and spent the night with his friend Mr. Williamson. Upon leaving my house I gave him a brace of pistols, and told him that if an attempt should be made to arrest him a second time, without the sanction of any civil authority and the force should be such as he could resist without shedding blood unnecessarily, he ought to defend himself.
From Mr. Ogden I learnt that Mr. Swartwout was also a prisoner on board the ketch, I took his affidavit to that effect, and applying to judge Workman, obtained his allowance to the other writ of habeas corpus. This I served myself upon Mr. Shaw, and waited at the judge's for the return. About ten o'clock at night lieutenant Jones came to the judge's and informed me, that during his absence on shore, Mr. Swartwout had that very evening been removed from the Etna , in consequence of an order from general Wilkinson to that effect, countersigned by commodore Shaw.
The next morning I went on board the ketch, where I obtained an affidavit of the fact from the officer who had delivered Mr. Swartwout up, and ascertained that he had been conveyed across the river. I immediately obtained writs of habeas corpus, and delivering one of them to the sheriff to serve upon the general, I went across the river and found Mr. Swartwout at the magazine, in the custody of an officer, to whom I delivered one of them, and required his obedience to it. He said that having positive orders from the general, he could not act but under his direction, and then sent off a boat in order to inform the general, of what had taken place and to his pleasure. I waited there until this

officer was relieved; and the one who succeeded, having no instructions with regard to the writ of habeas corpus, I served another upon him: he told me that he could not receive it; upon which I informed him of its nature and left it in the guard room.
When I returned to town, I was informed of the general's oratorical and patriotic flourish to the return made to a writ of habeas corpus, as stated by Mr. Livingston in his address to the public; and now that I notice that address, I beg leave to express my entire conviction of the innocence of that gentleman. I most sincerely lament that his generous efforts in my favor should have again disturbed the subsiding malice of the general; and I blush for human nature itself, when I see the guilty hand present the poisoned chalice to the unoffending lips of innocence.
The next morning, steady to my duty, and not in the least discomposed by the general's denunciation, finding that no return had been made to the habeas corpus in the case of Mr. Swartwout, and the sheriff having informed me that he had twice called at the general's for the purpose, of serving it, but had been refused admittance, I applied to judge Workman for an attachment. He directed the sheriff to go once more to the general and inform him of the nature of his business.
On the same day, after dinner, as if it were the necessary consequence of performing my duty, capt. Bradish, with a troop of horse, arrested me by virtue of an order from gen. Wilkinson, unsanctioned by any civil authority. After drinking a glass of wine with me, he asked me whether I would consider myself as under arrest, and was about to dismiss his troop; I requested him to show me his orders, and having perused them, told him that an illegal order was no order, and that I could not consider myself as under arrest. I also expressed a wish that he would retain his troop, observing that I should be unwilling to shed his blood, but that I was prepared. I then remarked to the troop that I was unable to resist them, and after a few minutes I was conducted to the general's quarters, where I found Mr. Ogden who had been sent there a short time before. The general never condescended to "speak" to me, but as he passed by averted his head, as if afraid to meet the looks of those whom he had injured: here upon the ground floor, in a place infested by rats, we passed the night together; and the next morning before sunrise, in order to prevent any generous effort from being made for our rescue, we were hurried across the river, to the miserable shed, which had just before been occupied by Mr. Swartwout.
Upon my arrival there, I wrote two notes, one addressed to Mr. Philip Jones, and the other to the collector of New Orleans; the former contained this unparadone sentence, "as it regards myself, internally all is well, and I enjoy a tranquility of soul which is truly enviable;"—and the other concluded with the following words, "if you have ever entertained a favorable opinion of me I request that you will retain it, for I pledge myself to come out in the sunshine of integrity." These letters, I am convinced, were never delivered, and let me add, that I never received Mr. Livingston's note or the supplies which he was so good as to put up for me.
Here we learnt that Mr. Swartwout, had been removed down the river to fort St. Philip, the preceding night. No person was permitted to visit us, and even the common offices of nature could not be performed without the superintendence of a corporal and a file of men. We continued there about a week, when we also were sent down to fort St. Philip—thence I was transported to this city, without money, in a vessel badly found as it regards sails and rigging, exposed to the danger of a winter voyage and the inclemency of the season, described to be a "man of great arand address of daring courage," prohibited the use of pen and ink, and forbid to speak to any one but a commissioned officer.
And yet all this happened, not in the heart of a despotic empire, not at a period of foreign war, or intestine trouble, but at a moment of profound peace and domestic tranquility: in a country where the constitution of the United States is the primary and transcendental law, where the writ of habeas corpus has been given to the subject, as a boon of inestimable value; in a land said to be reclaimed from servitude, where the civil power of the magistrate alone is felt, and military force is a stranger—and it has happened too, under the eye of an American governor, appointed to his magistracy, by the president of the United
States, and one of the objects of this unheard-of outrage, is a young member of the bar, acquainted with very few of the inhabitants of N. Orleans, a stranger to their language, without influence or authority of any kind, either to excite or aid an insurrection, and well known, so far as any knowledge of him extends, to be from principle attached to a firm and energetic government, and utterly to detest all the despicable arts by which grovelling ambition would ascend to power.
"Can such things be, And overcome us, like a summer cloud, Without our special wonder?" JAMES ALEXANDER. Baltimore, Feb. 13, 1807.
NEW-YORK, Feb. 7. We have seen and read the new constitution of Hayti, including the report made to the constituent assembly on the 27th Dec. By this constitution, the government is divided into a popular branch to be called the Constituent Assembly, and a Senate, (to consist of 24 members), which is to be elected by the Constituent Assembly. The executive is to have the title of president: is to have the command of the army, and the power of nominating the officers of justice. He is chosen for four years. The report says—"It is by the division of power that the Americans have become numerous and flourishing, in such rapid progression, that the snails of no nation on earth can offer a similar example."
PHILADELPHIA, Feb. 12. We understand that the grand jury of the city, on Tuesday last presented a bill of indictment against William Duane and Michael Leib , for a CONSPIRACY , by threats and promises, to overawe and unlawfully to influence the official conduct of the governor, in the pending inquiry into the legality of the late election of a sheriff for the city and county of Philadelphia. As the matter is thus put in the course of legal investigation, it would be improper to say more, than that we are informed that the bill is found in substance upon the facts stated in the communication recently made by general Barker.
WASHINGTON CITY, Feb. 14. In the supreme court of the United States, a motion was made a few days since by Mr. Charles Lee for a writ of Habeas Corpus for Messrs. Bollman and Swartwout, who are confined in the prison of this county, on a charge of treason. On this motion two questions arose, for the consideration of the court—first whether the supreme court had, in any case, the power of allowing writs of Habeas Corpus; and secondly, if they had that power, whether the present was a proper case for its exercise.
The affirmative of both these questions was, on Wednesday last, supported by Mr. Harper in a very luminous and argumentative speech of considerable length. The court held these points under advisement till yesterday, when the judges delivered their respective opinions.—Judges Marshall, Cushing, Washington and Livingston were in favor of, and judges Chase and Johnson were opposed to the allowance of the writ. A majority of the judges being in favor of the allowance, a writ was ordered, and made returnable on Monday.
The opinions of judges Marshall and Johnson were in writing, and contained much legal investigation.
MARTINSBURG, February 27. The following Important Message was on the 19th inst. communicated to both houses of Congress: on the contents of which we congratulate the nation. The letters alluded to in the message shall be published next week. To the Senate and House of Representatives of the United States.
I transmit to Congress a letter from our minister plenipotentiary at London, informing us that they have agreed with the British commissioners to conclude a treaty on all the points which had formed the object of their negotiation, and on terms which they trusted we would approve.
Also, a letter from our minister plenipotentiary at Paris, covering one to him from the minister of marine of the government, assuring him that the imperial decree lately passed was not to affect our commerce, which would still be governed by the rules of the treaty established between the two countries.
Also, a letter from Cowles Mead, secretary of the Mississippi territory, acting as governor, informing us that
Aaron Burr had surrendered himself to the civil authority of that territory. TH: JEFFERSON. February 19, 1807.
Letters from Washington say, that Mr. Jefferson has declined being a candidate at the next Presidential election.
WASHINGTON CITY, Feb. 21. Messrs. Bollman and Swartwout were this day discharged by the Supreme Court.
The H. Rep. have this day appropriated 150,000 dols. for fortifications, and the same sum for gun-boats.
NOTICE is hereby given, that an ELECTION will be held at the Court-House in Charles-Town, on the second Tuesday in April next, for the purpose of choosing a fit person to represent the District composed of the Counties of Jefferson, Berkeley & Hampshire, in the House of Representatives of the United States. ALEXANDER WHITE, Sheriff. February 27, 1807.
NOTICE is hereby given, that an ELECTION will be held at the Court-House in Charles-Town, on the second Tuesday in April next, for the purpose of choosing two fit persons to represent the County of Jefferson in the General Assembly of this State. ALEXANDER WHITK, Sheriff. February 27, 1807.
NOTICE is hereby given, that an ELECTION will be held at the Court-House in Charles-Town, on the second Tuesday in April next, for the purpose of choosing a fit person to represent the District composed of the Counties of Jefferson, &c. &c. in the Senate of this State. ALEXANDER WHITE, Sheriff. February 27, 1807.
FOR SALE. A VALUABLE Tract of lime-stone LAND, containing about 260 acres, lying on Mill-Creek, Berkeley County, and adjoining the stone house tavern place; there is about 160 acres cleared and under good fence, and the balance clothed with excellent timber; 4 acres of meadow are made, & 12 more could be made, which may be watered with a wheel. The improvements are a comfortable dwelling house with a good kitchen adjoining, smoke house, and other convenient out houses: There is also on the premises an excellent new barn, 24 by 63 feet, within 20 yards of the water; a good apple orchard, and various kinds of other fruit trees. This tract of land is level, and in other respects well adapted to farming; it is in sight of the road leading from Martinsburg to Winchester, and about 12 miles from each place. Any person wishing to purchase can know the terms by applying to the subscriber living on the premises. HUGH DAVIDSON. February 27, 1807.
TAKE NOTICE. ALL persons indebted to the estate of Wm. Burns, sen. dec'd. whose Bonds, Notes and accounts are now due, are requested to come forward and make payment immediately, as no indulgence can or will be given. JOHN BURNS, sen'r. February 27, 1807.
Berkeley, ss. February Court, 1807. John Swann, Complainant, AGAINST Jeremiah Dunn, Andrew Bowman and Joseph Foreman, Defendants, IN CHANCERY.
THE defendant, Jeremiah Dunn, not having entered his appearance agreeable to an act of Assembly and the rules of this Court, and it appearing to the satisfaction of the Court, that he is not an inhabitant of this Commonwealth, on the motion of the Complainant by his Counsel, it is ordered, that said Jeremiah Dunn do appear here on the Monday after the third Tuesday in April next, to answer the bill of the Complainant, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer for two months successively, and published at the door of the Court House of the said County. A Copy. Teste, DAVID HUNTER, c.s.c.
NEW STORE.
Alexander Porterfield, informs his late friends and customers and the inhabitants of Martinsburg and its vicinity, that he has removed his store from the Falling Waters to Martinsburg, and now occupies the house of Nicholas Roach, between J. Faulkner's store and E. Graham's Tavern. Where he has on hand a variety of DRY GOODS, GROCERIES and LIQUORS. Hardware, Crockery ware, Cutlery, &c. &c. all which he will sell on reasonable terms for Cash or Country produce. Martinsburg, February 27, 1807.
FOR SALE OR RENT, THAT commodious House, at present occupied by Mr. James Anderson, fronting on King and German Streets. It is well calculated for any Public business, and has for many years been known as a Tavern, by the sign of the Buck. Possession may be had on the first of April next. For further particulars apply to the subscriber near Martinsburg. PETER GROVE. February 27, 1807.
THE subscriber, for the last time, earnestly requests all persons indebted to him, to come forward and settle their accounts: which they may discharge by Cash, Country produce, or by giving their notes.—Those who fail to come forward before the 15th of March next, may expect no further indulgence, and their accounts will be immediately put into the hands of the proper officer. The subscriber will attend as formerly in his line as Practitioner of Physic and Surgery, on the most reasonable terms, and on a short credit. The publick's most obedient humble servant, FREDERICK ALBRIGHT. Martinsburg, Feb. 27, 1807.
Berkeley, ss. January Court, 1807. John Motter Admr. of Catherine Motter, dec'd. Complainant, AGAINST Benjamin Couchman, Frederick Couchman, Michael Couchman, Malchi Couchman and Henry Couchman, Defendants, IN CHANCERY.
THE defendants, Benjamin Couchman, Frederick Couchman, Michael Couchman and Malchi Couchman, not having entered their appearance agreeable to an act of Assembly and the rules of this Court, and it appearing to the satisfaction of the Court, that they are not inhabitants of this Commonwealth, on the motion of the Complainant by his Counsel, it is ordered, that said Benjamin Couchman, Frederick Couchman, Michael Couchman and Malchi Couchman do appear here on the Monday after the third Tuesday in April next, to answer the bill of the Complainant, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer for two months successively, and published at the door of the Court House of the said County. A Copy. Teste, DAVID HUNTER, c.s.c.
TWENTY DOLLARS REWARD.
RAN away from the subscriber, on Sunday the 15th inst. a Negro Man named GABRIEL : he is 25 years of age; about 5 feet 8 or 9 inches high; dark complexion. Had on when he went away a blue kersey roundabout and overalls, a wool hat about half worn, old white stockings, shoes nearly new, swansdown waistcoat nearly new. The said negro belongs to Mr. Burwell, at the Yellow House, Frederick County. It is supposed he is in the neighbourhood of the Yellow House, or in this neighbourhood, as he was hired last year with Mr. John Lyle. Ten dollars reward will be given for said negro if secured in the jail of either Berkeley, Frederick or Jefferson Counties; or twenty dollars if taken out of the above named counties and secured in any jail, so that the subscriber can have him again. HUGH V. PATTERSON. Near Martinsburg, Feb. 20, 1807.
CASH given for clean Linen & Cotton
RAGS At the Office of the INTELLIGENCER,

ARTICLES OF ASSOCIATION OF THE HAGERS-TOWN BANK.
W E, the subscribers, hereby associate and mutually agree, to form a banking company, to be called and known by the name of THE HAGERS-TOWN BANK , and do hereby bind ourselves, and our legal representatives, to the observance of the following articles, viz:
Article 1. The capital stock of the said Bank shall be limited to five hundred thousand dollars, to consist of ten thousand shares of fifty dollars each, one tenth part thereof, or one thousand shares, shall be reserved for the use and benefit of the state of Maryland, to be subscribed in such manner as the legislature may direct; provided, that the state shall not draw a dividend on a greater sum than shall be paid upon such shares; and the remaining nine thousand shares to be subscribed agreeably to the allotment herein after mentioned, by opening subscriptions at the following places, under the direction of the following persons, viz:
At Hagers-Town, for 2000 shares, by Jacob Schmelt, Mathias Shaffner, Martin Kershner, Henry Shafer and Jacob T. Towson.
At Baltimore, for 2000 shares, by Luke Tiernan, James L. Hawkins, Christian Keller, William Matthews and Clement Brooke.
At Frederick-Town, for 1000 shares, by John Schley, George Baer, jun. Lawrence Bringle, Roger B. Taney and George Creager, jun.
At Middletown, in Frederick county, for 500 shares, by Joseph Swearingen, Frederick Stemple, James Neale, Thomas Mallow and Thomas Hawkins.
At Cumberland, in Allegany county, for 500 shares, by Hanson Briscoe, James Scott, Benjamin Tomlinson, David Lynn and Thomas Beall.
Article 2. It shall be the duty of the president and directors herein appointed, to have the articles of this association printed in the newspapers at Hagers-Town, the Herald and Republican Advocate, in Frederick-Town, the Federal Gazette and American, in Baltimore, and in the papers of Chambersburg, in Pennsylvania, and Martinsburg, in Virginia; also, to prepare and transmit to the commissioners aforesaid, a copy of the articles of this association.
Article 3. The subscriptions shall be opened at the places before mentioned by the commissioners, or any two of them, on the first Monday in March next, and remain open for three days, from 10 to 3 o'clock, each day, unless the allotted number of shares are sooner subscribed; and if there shall be subscribed, on the first day of opening the subscriptions, at any of the aforesaid places, a greater number of shares than are allotted, the commissioners shall, in the first instance, reduce the highest subscriptions, but if such reduction shall not bring the subscriptions down to the number allotted, then they shall, by lot, determine whose subscriptions shall prevail, or to whom the shares shall belong; and it shall be the duty of the commissioners to return, to the president and directors, a list of the subscriptions by them taken, certified under their hands, together with all monies by them received on such subscriptions.
Article 4. Every subscriber shall pay to the commissioners, at the time of subscribing, the sum of five dollars, on each share, or he or she may subscribe, and the further sum of five dollars, on each share, on the first Monday in May next; and the remaining forty dollars in eight equal instalments, of five dollars each instalment, on each share subscribed, to be paid at the said bank, as the board of directors may call for the same, giving two months notice in the newspapers aforesaid of such calls, but shall not be called for, without the concurrence of two thirds of the whole of the directors, and no such call, at any one time, shall exceed five dollars on each share subscribed.
Article 5. If any stockholder shall fail to pay up his, her or their instalments, of five dollars, on each share, on the first Monday in May next, such stockholder shall forfeit, to the use of the company, all monies paid antecedently on such failure or default; but no such forfeiture shall take place, after ten dollars on each share shall have been paid up; and as it is requisite that means shall be taken to secure the regular payment of after calls, therefore, if any stockholder shall fail to make regular payment of any instalment or call after ten dollars on each share shall have been paid, such stockholder's money in bank shall remain free from interest, and not entitled to dividend until such instalment or call shall be made
good, and the dividend thereafter to be paid to such stockholder, (as well upon the money regularly paid, as upon that paid after default) shall be calculated only from the time when said instalment shall be made good.
Article 6. No subscriber or stockholder, or member of the said company, shall be answerable in his person or individual property for any contract or engagement of the said company, or for any losses, deficiencies or failures of the capital stock of the said company, but the whole of the said capital stock, together with all property, rights and credits, belonging to the said institution, and nothing more, shall at all times be answerable for the demands against the said company.
Article 7. The affairs of the bank shall be managed by ten directors and a president, seven of whom, and the president, shall reside in Washington county; one in Baltimore county, one in Frederick county, and one in Allegany county; these directors shall be chosen by the stockholders in person or by proxy, in Hagers-Town, on the first Monday in May, 1808, and on the first Monday in May in every year thereafter; and when the state acquires the right of choosing a director, the stockholders shall choose one director less in Washington county; and until the election for directors, as aforesaid, in order that this institution may go into operation as soon as conveniently may be, the affairs of the bank shall be conducted by Nathaniel Rochester, as president; and Elisha Williams, Thomas Sprigg, William Fitzhugh, Charles Carroll, Jacob Zeller, Samuel Hughes, jun. William Heyser, Samuel Clagett, (Baltimore) John M'Pherson, (Frederick-Town) and William M'Mahon, (Allegany) as directors, who shall have the power to appoint a cashier and such other officers as they shall deem necessary, and shall act in all other things relative to this institution, as fully as the president and directors, hereafter to be appointed by the stockholders, shall be authorised to do, except that the compensation to be allowed to the president of the bank shall be fixed and determined by the first directors to be chosen by the stockholders.
Article 8. In choosing directors, the stockholders shall be entitled to vote as follows: For one share, and not exceeding two, one vote; for every two shares above two, and not exceeding ten, one vote; for every four shares above ten, and not exceeding thirty, one vote; for every six shares above thirty, and not exceeding sixty, one vote; for every eight shares above sixty, and not exceeding one hundred, one vote; and for every ten shares above one hundred, one vote; but no person or body politic shall be entitled to a greater number than thirty votes, and all votes at elections for directors shall be by ballot, delivered in person or by proxy.
Article 9. No person shall be admitted to take his seat as director, unless he shall be at the time a stockholder, and if he shall at any time cease to be a stockholder, he shall cease to be a director.
Article 10. If the president shall be chosen hereafter out of the number of directors, his place shall be supplied by the directors from among the stockholders; if a vacancy shall at any time happen among the directors, by death, resignation or otherwise, the directors shall elect another to fill the vacancy for the remainder of the year, from among the stockholders, and in case of sickness, or necessary absence, of the president, he shall, in writing, appoint one of the board of directors to act as president pro tem.
Article 11. The board of directors shall have power to appoint a president and other officers and servants, for conducting the business of the company, and shall fix the compensation to be allowed them, which expenses shall be defrayed out of the funds of the company.
The board of directors shall also have power to purchase, lease or rent a proper building, in Hagers-Town, for the bank, at the expense of the company; they shall likewise have power to make, revise, alter or annul rules, orders, by-laws and regulations for the government of the company, and that of their officers, servants, and affairs, as a majority of them shall deem expedient, provided they are not contrary to law, or the constitution.
Article 12. The company shall in no case be concerned in any article but notes, bills of exchange, mortgages, stock of the United States, or bullion, and insuring against losses by fire, except in the case of debts due to the bank, then they shall be fully justifiable in taking any kind of security they can obtain.
Article 13. Ordinary discounts may be made by the president and any three
directors, but the president and five directors shall be necessary for the purpose of transacting the general business of the company.
Article 14. Stock in the Hagers-Town bank may be transferred by the holder, in person, or by power of attorney, at the said bank, but all debts actually over due to the company by a stockholder offering to transfer, must be discharged before such transfer shall be made.
Article 15. Dividends of the profits of the company shall be made at the end of the first year, and half yearly thereafter, and at the end of every three years a dividend of surplus profit shall be made.
Article 16. The books, papers, correspondence, funds and every transaction of the company, shall at all times be freely open to the inspection of the directors.
Article 17. A majority of the directors may, at any time, call a general meeting of the stockholders for objects relative to the interests of the company, they giving six weeks notice in the public prints, and expressing in such notice, the points or subjects to be deliberated upon at such meeting.
Article 18. In case the whole of the shares (except those reserved for the state) shall not be subscribed, on the days for taking subscriptions as aforesaid, the board of directors may open the subscriptions again, at such time and place, or places as they or a majority of them may think proper, first giving six weeks notice of the same in the public prints.
Article 19. Whenever the state shall become a stockholder, to the amount of twenty thousand dollars, of the shares reserved, and shall have paid up that sum to the bank, she shall be entitled to appoint one director.
Article 20. Before the president and directors shall act as such, they shall take an oath, or affirmation, "that they will faithfully, diligently and honestly, perform the duties of their station;" and the other officers of the bank, shall take a similar oath or affirmation, and shall give bond with security, to the satisfaction of the board of directors, for the faithful discharge of their duties in their several stations.
Article 21. All notes offered for discount in the said bank, by any person or persons, shall on the face thereof, be made negotiable at the Hagers-Town Bank, and when the drawer shall not reside in Hagers-Town, each note shall be made payable at the house of some person in Hagers-Town, and notice given by the proper servant of the bank at such house, that such note hath become due, shall be, to all intents and purposes, held and considered to be as completely binding on the drawer and endorsers, as if notice had been personally served on each of them.
Article 22. And as the agricultural, manufacturing and commercial interests of Washington and the adjoining counties, will be greatly benefited by this institution, it is believed and expected, that the legislature will (as they have heretofore done in similar cases,) grant a charter for incorporating the said company, and confirming, making legal and binding the several articles and regulations before mentioned, with such other provisions, as to the legislature may seem proper, provided they shall not be inconsistent with the articles of this agreement. The board of directors are hereby directed to present a petition to the legislature for this purpose, with a draught of an act of incorporation, agreeably to the principles herein laid down; they are hereby directed also, to petition for, and endeavor to obtain in the charter or act of incorporation, a power for the said company to insure against losses by fire.
Given under our hands, this day of 1807.
N. B. It is believed, that not more than ten or fifteen dollars a share will be wanted to constitute a sufficient capital for the first year; and if the shares are all subscribed, it is presumed that not more than twenty or twenty five dollars a share will ever be wanted or called for.
The subscriber has for sale a quantity of Fresh Clover Seed, and ground PLASTER OF PARIS. RICH WILLIS. Jefferson County, Feb. 13, 1807.
The following BLANKS , printed with new and elegant type, are always kept for sale at this Office: DEEDS, Common BONDS, CONSTABLE'S BLANKS, Promissory NOTES, &c.
Fresh Clover Seed.
THE subscriber has just received a quantity of excellent Fresh CLOVER SEED , which he will sell on low terms. WALTER B. SELBY. Shepherd's Town, Feb. 13 1807.
CAME to the plantation of the subscriber near Opeckon bridge, some time ago, four stray sheep, viz. three white ewes two of them marked with a crop out of the under part of the right ear and a hole in the left, the other has crops off both ears and a hole in one—the others white wether marked the same as the two first.—The owner is requested to prove property pay charges and take them away.
ISAAC VANMETRE. Feb. 13, 1807.
LAST NOTICE. ALL persons indebted to the estate of Joseph Evans, sen. dec'd, late of Berkeley County, in any manner whatever, are for the last time requested to make payment immediately, as no longer indulgence will be given.
Persons having claims against said estate, are also desired to bring them in for settlement, on or before the 23rd inst. or they will be excluded from receiving payment; as it is determined to have all the affairs of said estate settled by that time.
ROBERT SNODGRASS, Ex'r. Feb. 13, 1807.
TAKE NOTICE. WHEREAS my Negroes have heretofore been in the practice of stealing property from me, and disposing of it to others; this is therefore to warn all those engaged in this illegal traffic, that I am determined to prosecute every person who may in future be known to deal in any manner with my slaves, without a written license from me. THOMAS GRIGGS, sen'r. Feb. 13, 1807.
PUBLIC NOTICE. WILL be offered for sale at public vendue, on the 27th inst. at the late dwelling house of John Boyd, sen. dec'd, near the head of Tuscarora in Berkeley County, three several Tracts of Land, of which the said John Boyd, sen. died seized and possessed in said County, containing by patents, 291 acres; there are three Dwelling Houses, one Barn, a very convenient Distillery, and other convenient Buildings on said Land—a large orchard of valuable Fruit trees, consisting of apples, quinces, pears, plums, damsons, and some peach trees—about 25 acres of Meadow now in good order, and as much more may easily be made—about one third of the Land is cleared and enclosed.
ALSO , at the same time and place will be offered for sale, a variety of personal property, consisting of Household and Kitchen Furniture, several Feather Beds and Bedding, Farming Implements, Horses, Cows, Sheep and Hogs; Apple Brandy and Cyder. Part of said property belongs to the estate of the said John Boyd, dec'd, and part to the estate of Sarah Boyd, dec'd. The terms will be made known on the day of sale.—The sale will commence about ten o'clock.
ELISHA BOYD, Executor. N. B. Eight or ten barrels of RYE Whisky will be offered for sale at the time and place before mentioned. Feb. 13, 1807. E. BOYD.
Jefferson County, ss. November Court, 1806. Joseph Brown, Complainant, AGAINST Alexander Saunderson and John Young, def'ts. In CHANCERY.
THE defendant, Alexander Saunderson, not having entered his appearance agreeable to an act of Assembly and the rules of this Court, and it appearing to the satisfaction of the Court, that the said Alexander Saunderson is not an inhabitant of this Commonwealth, upon the motion of the said Complainant, by his counsel, it is ordered that the said Alexander Saunderson do appear here on the second Tuesday in April next, to answer the bill of the Complainant, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer for two months successively, and posted at the door of the Court-House of said County.
A Copy. Teste, GEORGE HITE, c.j.c.
MARTINSBURG, Berkeley County, Virginia; Printed and published by JOHN ALBURTIS.