Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1803-01-14 00:00:00

Berkeley and Jefferson Intelligencer.
[No. 42 of VOLUME IV.]
FRIDAY, January 14, 1802.
[WHOLE No. 198.]
BERKELEY COUNTY, ss.
October Court, 1802.
Ann Hunter, Guardian of Ann Evelina Hunter, Moses Hunter and David Hunter, children and Heirs of Moses Hunter, deceased—Complainants
AGAINST
John Davis, Sarah Keemer, Thomas May and James Keemer, Executors of James Keemer, dec'd, Elizabeth Davis, an infant under the age of 21 years, James K. Davis, William Magowan, and Mary his wife, late Mary Davis, which said Elizabeth, James K. and Mary, are children of said John Davis, and Legatees of said James Keemer, dec'd. Defendants. In CHANCERY.
THE Defendants Thomas May, and James Keemer, not having entered their appearance agreeable to an act of Assembly, and the rules of this Court, and it appearing to the satisfaction of the Court, that they are not inhabitants of this Commonwealth, on the motion of the Complainants, by their Counsel ordered, that the said Defendants appear here on the Monday after the Tuesday in March next, and answer the bill of the Complainants, and that a copy of this order be forthwith inserted in the Virginia Gazette, for two months successively, and published at the door of the Court House of the said County.
A Copy.
Teste, H. BEDINGER, C. B. C.
October Court, 1802.
BERKELEY COUNTY, ss.
William M'Sherry, & Co. Complainants.
vs.
Charles Ingoldsby, Daniel Kennedy, William Shields and Stephen Snodgrass, Defendants. In CHANCERY.
THE Defendants, Charles Ingoldsby and Daniel Kennedy, not having entered their appearance agreeable to an act of Assembly, and the rules of this Court, and it appearing to the satisfaction of the Court, that they are not inhabitants of this Commonwealth, on the motion of the Complainants, by their Counsel, it is ordered, that the said Defendants, Charles Ingoldsby and Daniel Kennedy, do appear here, on the Monday after the third Tuesday in January next, and answer the bill of the Complainants, and that a copy of this order be forthwith inserted in the Virginia Gazette for two months successively, and also published at the door of the Court House of the said County.
A Copy.
Teste, H. BEDINGER, C. B. C.
BERKELEY COUNTY, ss.
November Court, 1802.
John Oserrall, Complainant.
against
Patrick M'Caffry, surviving partner of Tabb & M'Caffry, Samuel Craig, Anthony Kennedy and Patrick Campbell, trustees of Tabb & M'Caffry, and Michael M'Kewan and James Faulkner, Defendants.
In CHANCERY.
THE Defendants Patrick M'Caffry, Anthony Kennedy & Patrick Campbell, not having entered their appearance agreeable to an act of Assembly and the rules of this Court, and it appearing to the satisfaction of the Court, that they are not inhabitants of this Commonwealth, on the motion of the Complainant, by his Counsel, it is ordered, that the said Defendants do appear here on the Monday after the third Tuesday in February next, and answer the bill of the Complainant, and that a copy of this order be forthwith inserted in the Virginia Gazette, for two months successively, and published at the door of the Court House of the said County. And it is further ordered, that the said Defendants, M'Kewan, Faulkner and Craig, do not pay, convey away, or secrete any debts by them owing to, or effects in their hands belonging to the Defendants M'Caffry & Tabb, until the further order of this Court.
A Copy.
Teste, H. BEDINGER, C. B. C.
Blank Deeds for sale at this Office.
FALL GOODS.
The Subscribers have just received and finished opening, a very handsome and General Assortment of FALL and WINTER
GOODS.
Which are offered for Cash or Country Produce, on better terms than any of the same kind and quality have been sold in this place for a number of years.
N. B. Those who are indebted to us, by bond, note or book account, are requested to come forward and settle off their respective accounts, as no further indulgence can be given.
P. NADEBOUSCH, & Co. Martinsburg, November 19, 1802.
FOR SALE—OR RENT,
AN excellent FARM, situate on Back Creek, Berkeley County, about five miles from Garrards-Town, thirteen from Martinsburg, eighteen from Winchester, and twenty from the Warm Springs—containing in all 365 Acres, about 160 acres are in wood Land, well clothed with a variety of lofty timber—200 acres are cleared, and in good farming order, 30 of which are now in timothy and clover meadow, and 60 or 70 more may easily be made—There are 200 acres of this tract good bottom land, which is extremely well adapted to the cultivation of Corn, Hemp or Tobacco, and the up land produces as good small grain as any in this County. An Orchard of 200 bearing Apple Trees is now planted, with a great variety of other Fruit, such as peaches, cherries, plums, &c. On the premises are erected a convenient Log Dwelling House, two stories high, a large Barn, Stables, Smoke House, and other necessary buildings. A Well of good water is conveniently situated to the Dwelling House, and every field on the Farm has water in it. A further description is deemed unnecessary, as it is presumed no person will purchase without first viewing it. Young Negroes, a Waggon and Team, or good paper will be taken in part pay.
N. B. IF this Farm should be rented a part of the rent will be required in advance. Application to be made to the subscriber living on the premises.
JAMES BLUE.
October 29, 1802.
PURSUANT to the last will of Joseph Berry, dec'd, of Hampshire County, the Executors offer, at private sale, the following Tracts of Land, situate in the County of Frederick and state of Virginia, on the head waters of Sleepy Creek, viz.
One Tract containing 230 acres, more or less, whereon John Berry formerly lived, the improvements are 70 acres of cleared land, 25 of which are good Timothy Meadow, and much more may be made, with the advantage of watering the whole at a small expense; a good Dwelling House, Kitchen, double Barn, and other out Houses, two good Orchards, consisting of a great variety of Fruit; the place abounds with water and timber sufficient.—This place would be a good stand for a public house, being situate on the State road from the Western Country to the City of Washington.
One other Tract adjoining the aforesaid, on the same road, containing 120 acres of good Farming Land—the improvements are a Dwelling House, some Fruit Trees, about 20 acres cleared, part of which is good Meadow, and more may be made, water and timber plenty.
One other Tract on Timber Ridge, near the aforesaid Land, said to contain 160 acres, part of which is cleared. Good titles will be made for the above Lands—The terms will be made easy to the purchaser after the first payment. For terms apply to Jacob or John Jenkins, in the edge of Hampshire County, who will shew the Lands, or to William Wilson of Berkeley.
JACOB JENKINS, sen. JOHN JENKINS, WILLIAM WILSON, Executors.
November 4, 1802.
THE LIBERTY OF THE PRESS INVADED.
Notwithstanding the declaration of rights made by the good people of Virginia, assembled in full and free convention, and which declares "That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments."
A quarrel, of a private nature, between Mr. Geo. Hay, a member of the executive council of Virginia, and Mr. Callender, the editor of the Recorder, has given rise to a more formidable restraint upon the liberty of the press, than any scheme which has ever been invented by the enemies to free discussion. This quarrel has been made the grounds of attacking the palladium of American liberty, in a manner which no citizen of the United States could have supposed or expected. Unless speedy measures be taken for preventing in future like attempts, the boasted freedom of this country will only be the "shadow of the name." A particular account of this interesting affair, cannot but be, therefore, acceptable to the citizens at large.
It is not our intention to enter into the merits of the quarrel between Mr. Hay and Mr. Callender. We wish to be thought, neither the partisans of the one or the other—but we consider it our duty to lay before the public the particulars of a transaction, which we consider of greater magnitude to the interest of Americans, than any circumstance that has occurred since the formation of the federal constitution. Mr. Callender has been thrown into jail, where he now lies, without either trial by jury or any other body—not for any crime which he has committed, or any thing which he has written—but to prevent his future publications. The magistrates of Henrico county, upon the application of Mr. Hay, required that Mr. Callender and his partner Mr. Pace, should find security in five hundred dollars each, besides their own security to the same amount, that they would publish nothing libelous upon any character, public or private, in the state of Virginia. Mr. Pace gave security, but Mr. Callender did not, and was in consequence thereof ordered to jail.
It is the legality of this extraordinary stretch of power, which we mean to investigate, and not the personal quarrel between Mr. Hay and Mr. Callender.—Mr. Hay, it appears, had assaulted Mr. Callender in a public store in Richmond, and had beaten him with a stick, or as Mr. Callender terms it, a bludgeon, for some reflections which were made concerning Mr. Hay in the Recorder, in consequence of which assault, Mr. Callender bound over Mr. Hay to keep the peace, as is usually done in such cases.—Mr. Hay, in his turn, applied to Mr. Foster, the Mayor of Richmond, to grant a warrant, to commit to jail Messrs. Callender and Pace, unless they gave security that they would publish nothing that reflected on the character of Mr. Hay, or any of the citizens of Virginia. The mayor very properly refused to grant such a warrant, as being in his opinion laying a previous restraint upon the freedom of the press. Mr. Gervase Storrs, one of the magistrates of Henrico County, was next applied to, who granted a warrant for the above purpose. Mr. Callender and his partner Mr. Pace, in consequence attended in the court-house of Henrico county on Friday morning, with Messrs. Marshall and Rind as their counsel.—Mr. Hay also appeared with Messrs. Wickham and McRae as his counsel.—The magistrates who sat upon the occasion were Gervase Storrs, William Price, Pleasant Younghusband, and Joseph Selden, esq'rs.
Mr. McRae opened the cause, on the part of Mr. Hay, and demanded that Messrs. Callender and Pace should be bound over from publishing libelous matter, as being persons of bad fame.—He said the magistrates had the discretionary power of binding over characters of this description, by a statute of Virginia, similar to the 34th statute of Edward III. C. 1. which empowered the justices of England to bind over to the good behaviour towards the king and his people, all those that be not of good fame. He read the several acts which constituted
bad fame—these, were sleeping in the day—prowling at night—frequenting houses of bad fame—gaming, drunkenness, being in the habit of using libelous expressions. He said that he could prove by a bundle of the Recorder which he held in his hand, that Callender and his partner Pace were men of this description—that Pace was even more insignificant and base than Callender, as being destitute of talents. He maintained that Callender was a vile calumniator, and malignant slanderer—that he had libelled Mr. Madison, a gentleman whose whole life was an example of the strictest virtue—that he had slandered Mr. Giles—and, in short, almost every respectable person in the state of Virginia. He was proceeding to unfold Callender's general character, as a noted libeller, when Mr. Marshall interrupted him, and hoped that their worships, the magistrates, would confine the counsel of Mr. Hay to the charge contained in the warrant, which solely related to the libelling of Mr. Hay, and not any other individual. Mr. McRae, in reply stated, that as Messrs. Callender and Pace were required by the nature of the bond given on such occasions, to keep the peace with the community at large, it was necessary to show that they had not only threatened to libel Mr. Hay, but had already libelled several others, and to prove that they were men who bore the characters of infamous libellers.
The magistrates, when their opinion on this point of law was asked, concurred with the council of Mr. Hay.—Mr. McRae therefore proceeded. He endeavored to exhibit the character of Mr. Callender in the most odious point of view, as a slanderer, a miscreant, and a person who by his repeated calumnies on virtuous citizens, had justly incurred the character of a libeller; and consequently of a person of bad fame. He indulged in a strain of invective against Mr. Callender, which we think improper to repeat. He concluded by praying that both Mr. Callender and Mr. Pace should be required to give security, in such a sum, that neither they, nor any friend they would find, would easily pay if they transgressed. Mr. Wickham made also a short speech on the propriety of binding over both Mr. Callender and Mr. Pace but he entirely abstained from all abuse or invective.
Messrs. Rind and Marshall, as counsel for Callender, began their defence by stating, that the magistrates of Henrico county were not empowered to take cognizance of the present question, which properly ought to have come before the magistrates of the city of Richmond alone. That the dispute was between two citizens of Richmond, and being a criminal case, and not a civil one, was not cognizable before the magistrates of the county. That if this mode were generally adopted, it might sometimes occur sometimes that criminals would be indicted, prosecuted and tried for the same offence before both these courts at the same time. They were answered by Messrs. McRae and Wickham, and the magistrates concurred in opinion with the latter.
Mr. Rind, in his defence for Mr. Callender, stated, that the character of bad fame could not apply to Messrs. Callender and Pace—that they were industriously employed—that they neither frequented houses of bad fame, or were addicted to gaming and idleness—that they could not be charged with publishing libels, as no jury had found them guilty of that crime. He mentioned that no publication could be deemed libelous unless regularly found so by a jury, in the ordinary process of law. That unless this was first done, it was not proper that Messrs. Callender and Pace should be bound over. He argued, that if the magistrates in the present instance, obliged Messrs. Callender and Pace to give security for their future publications, that it would amount to a restraint upon the liberty of the press, which no court in a free country were empowered to inflict. He asserted that if the magistrates in the city of London, dared to commit any printer to prison, for not giving security in a similar case, that both the magistrates and the accuser would not remain in existence twelve hours after. He hoped he should never witness the day, when the justices of Virginia, or

any other state of the union, would hazard such a stretch of power as was asked by Mr. Hay. He said, he did not come into court either to defend or to oppose Mr. Callender—that he received, nor would take, though offered, no fee on the occasion—that his motives were purely patriotic and voluntary—that he appeared as the advocate for the liberty of the press, that if the magistrates agreed to the proposal of Mr. Hay, in the present case, the freedom of the press might justly be said to be extinguished in this country. He said, that if Mr. Hay thought Mr. Callender published falsehoods respecting on his conduct, that it was his duty to prosecute Callender and Pace for defamation, and that a jury would determine the extent of the offence. This was the only and the proper course in his opinion, which Mr. Hay ought to pursue. But if the magistrates bound Callender and Pace over, they would become the judges of the nature of the publication in question. They would in fact, be assuming an authority, which was never vested in any magistrate in a free country. He therefore entreated, that their worships would properly consider the magnitude of the present question, which was one of the most important that ever occurred in the union, and not by binding Messrs. Callender and Pace to keep the peace, lay a restraint upon the liberty of the press, which would be reprobated from one end of the continent to the other.
Such was the general tendency of the able speech which Mr. Rind made on this occasion, and for which he merits the thanks of all citizens who have a concern for the preservation of the palladium of true liberty.
Mr. Marshall proceeded nearly on the same grounds with Mr. Rind. He stated to the magistrates, that his motives for appearing in court were precisely the same with those which actuated Mr. Rind—a desire to preserve the liberty of the press from any unjust attacks which might be attempted to be laid upon it. In support of the illegality of binding over printers to keep the peace, he read in court the sentiments of Judge Blackstone, on the liberty of the press, book IV. chap. 12. 1. c. This learned author expressly declares, "that the liberty of the press consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matter when published. Every freeman has an unalienable right to lay what sentiments he pleases before the public—to forbid this, is to destroy the freedom of the press—but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity." Mr. Marshall therefore argued, that the act of binding over Messrs. Callender and Pace was unquestionably a previous restraint laid upon the press. That those two men had not yet been proved guilty of libelling any person, nor was any prosecution at present intended to be commenced against them on that supposition—but that Mr. Hay, merely on suspicion that they were to publish libels on his character, demanded of their worships to bind them over to keep the peace. Mr. Marshall said, that it was the most extraordinary application which he ever had heard of—and if the magistrates should comply with the demand, it would be an act equally extraordinary. But he hoped that this would not be the case, nor that it would be said, that in the state of Virginia, the freedom of the press had received a check which it never experienced in any country that boasted of liberty.
Mr. Wickham, in reply, contended, that the binding over of Callender and Pace would be no restraint laid on the liberty of the press. That they were at full liberty to publish what they pleased notwithstanding, and that their cognizance could not be forfeited, unless they published libellous matter, which would remain to be determined by a jury.
Mr. Rind, in answer to this argument, proved clearly, that it would act as a previous restraint upon the liberty of the press—for if Callender and Pace gave security, and afterwards published what might be deemed libellous, that they would be sued simply upon the recognizance, which would unquestionably be forfeited, however trivial the nature of the libel might be.
Notwithstanding this reasoning on the part of the counsel of Callender and Pace, which we believe appeared satisfactory to the greater majority of those who were present, both the editors were required to give two securities, in the sum of five hundred dollars each—besides their own bonds to the same amount. Mr. Pace gave security, but Mr. Callender having failed to give security, was sent to jail, where he now is, without any other de-
tainer. Mr. Selden was the only magistrate of the four who voted against the decision. He said he thought it improper that such a restraint should be laid on the press.
The citizens of other states will no doubt be anxious to know the political principles of the several magistrates and the counsel on both sides. Mr. Foster, the Mayor of Richmond, is considered to be a federalist. The four magistrates who presided in court are known to belong to the party called anti-federal or democratic. Mr. Marshall, counsel for Messrs. Callender and Pace, and Mr. Wickham, counsel for Mr. Hay, are federalists. Mr. Rind and Mr. McRae, the other counsel, are of the other party.
This decision furnishes, however the most decided proof of the real principles of the present ruling party, and of those men who are perpetually bawling about liberty and republicanism.
The commitment of printers to jail on suspicion that they might publish libels, is an act which never until now was heard of in the United States. Such a circumstance never occurred in Great Britain, or indeed in any country where the people enjoyed the liberty of the press. Mr. Rind properly observed, that if such an attempt should be made in London, that both the magistrate and the agent in the business would lose their lives in twelve hours after. We truly believe this would happen—but no justice there would have the audacity to make the attempt. We can state on the authority of a person who once had the opportunity of being present in the court of sessions of Edinburgh, which is the court that generally decides all matters of any importance in Scotland, when an application was made to the lords of session to issue a warrant against the printer of a periodical pamphlet, in order to oblige him to give security that nothing libellous would appear in the succeeding numbers. But the learned lords who composed that court, were unanimously of opinion that no such previous restraint could be laid upon the press. If any libels were published either against government or against individuals, they said ample redress could afterwards be procured—but the binding of individuals over to keep the peace was an act that only took place where personal danger or the destruction of property were apprehended.
If we consider the words of Sir Wm. Blackstone, it will appear that this was evidently the opinion of that learned lawyer. "Any justice of the peace" (book IV. chap. 18.) "may, ex officio, bind all those to keep the peace, who in his presence make any affray—or threaten to kill or beat another—or go about with unusual weapons, to the terror of the people—and all such as he knows to be common barrators—and such as are bro't before him by the constable for a breach of the peace in his presence—and all such persons as, having been before bound to the peace, have broken it, and forfeited their recognizances. Also, wherever any private man has just cause to fear, that another will burn his house, or do him a corporal injury, by killing, imprisoning, or beating him—or that he will procure others so to do, he may demand surety of the peace against such person; and every justice of the peace is bound to grant it, if he who demands it will make oath, that he is actually under fear of death or bodily harm—and will shew that he has just cause to be so by reason of the other's menaces, attempts or having lain in wait for him—and will also farther swear, that he does not require such security out of malice or for mere vexation."
Virginia Gazette.
CONGRESS OF THE U. STATES.
HOUSE OF REPRESENTATIVES.
Friday, December 24, 1802.
REPORT.
The Secretary of the Navy, the Secretary of the Treasury, and the Secretary of War, commissioners under the "Act for the better government of the Navy of the United States,"
Respectfully report to Congress,
That since the 31st of December, 1801, the date of their last report, there has accrued, and will accrue to the end of the present year, for interest and reimbursements of the principal of the debt of the United States, belonging to the fund for satisfying navy pensions, the sum of dollars, 5,880 21 cents, which added to the sum of dollars, 3,507 41 cents, being the balance unapplied at the end of last year, form an aggregate of dolls. 9,387
61 cents, as exemplified in the annexed statement, marked A. That the pensions of the persons on the invalid list of the naval establishment, which have been paid, or are in a course of payment for the same period, amount to the sum, dolls. 3,200 37 cents, as appears by statement B. which being deducted from the amount of interest and reimbursement, as above stated, leaves a balance unapplied of dolls. 6,187 24 cents.
That there has been received from the Treasury, of monies arising from the sales of prizes, including dolls. 1,923,45 previously on hand the sum of dollars, 42,582 80 cents, for the investment of which in stock of the funded debt of the United States, or in bank stock, measures have been taken—and it is intended to invest in like manner the unapplied balance of interest and reimbursement, with the reservation of a small sum in the treasury, to meet eventual demands of applicants for pensions.
For and in behalf of the board.
ROBERT SMITH.
City of Washington, Navy Department, 17 Dec. 1802.
Speaker of the House of Representatives.
A. ABSTRACT
Of interest, and reimbursement of the principal of the debt of the United States, belonging to the fund for the payment of Navy pensions, for the year ending 31st Dec. 1802.
  April 1, 1802. 1 quarter's interest on 37,100 dolls.   8 per ct. stock, } 742   31,800 8 pr. ct. navy, } 477   4,794 23 6 pr ct } 71 91   5,351 91 deferred, 80 42-1,571 33   2 years reimbursement on the 6 per cents, } 191 77   July 1, 1 quarter's interest on the above. } 1371 33   October 1, 1 ditto ditto } 1371 33   Jan. 1, 1803, 1 ditto ditto } 1371 33   1 years reimbursement on the 6 pr ct and deferred stock, } 203 12   Dollars, 5,880 21   Balance unapplied at the end of the last year. } 3,507 41   Dollars, 9,387 62 
B. ABSTRACT
Of Navy Pensions for the year 1802.
For the half year ending the 30th June. D. C.
  In New Hampshire 78   Massachusetts 220   Rhode Island 51   Connecticut 114   New-York 246 07   Pennsylvania 402 90   Maryland 98 76   Virginia 60   1,270 73 
Pension of John Mushaway, including arrears, paid 23d November, 239
For the half year ending the 31st Dec.
  In New Hampshire 138   Massachusetts 332   Rhode Island 51   Connecticut 114   New-York 389 70   Pennsylvania 479 94   Maryland 126   Virginia 60   1,690 64   3,200 37 
Tuesday, December 28.
A message was received from the President of the United States, inclosing plans and estimates for a Dry Dock on the Eastern Branch of the Potomac capable of containing 12 frigates of 44 guns.
The proposed plan, in an accompanying report of the secretary of the navy is exhibited, at considerable length, by Mr. Latrobe—with estimates for two plans—one for supplying the dock with water from the Tyber, the expense of which is estimated at 27,000 dollars—the other for supplying it from the Potomac at the Little Falls, the expense of which is estimated at 282,000 dollars.
Referred to the committee to whom was referred so much of the President's message as relates to Dry Docks.
A letter was received through the Speaker, and read, from James M. Henry, containing certain animadversions on the report of the committee of investigation, made during the last session.
Considerable progress having been made by the clerk in reading of the above letter, Mr. Alston said that the paper which the clerk was reading appeared to him to be a very voluminous one, and that he did not think the house were bound to listen to the reading of it. He conceived them only bound to attend to such documents as might be received from public officers, or to petitions for a redress of grievances. He did not believe that paper now before the house to be one of that description, or that the house ought to take any notice of it. If the house were bound to take notice of every letter any individual might think proper to write and address to the Speaker, very little time might be left to do any other business. He concluded by saying he thought they ought to take no more notice of it, than they should of any paragraph in a newspaper which might be enclosed to the Speaker. He therefore moved that the paper should not be read.
Mr. Stanley observed that he did not perceive the difference stated by his colleague—nor did he know how the gentleman could anticipate the contents of a communication before read. We shall be enabled to judge better of it when we hear it. By what inspiration could the gentleman form a judgment now? The communication appeared to him of the utmost importance. He hoped, therefore, it would be read.
Mr. Morris could not omit making a remark or two. From the communication, so far as read, it appeared that it was charged, that the character of a former public officer had been aspersed. The house ought, therefore, not only to read the communication, but also to enquire into the complaint. There was not an indecent expression in it. The writer complains that his character has been attacked. It will be the height of injustice to refuse him an opportunity of being heard.
The Speaker said that it was a rule of the house, that when the reading of a paper is called for, it shall be read, unless dispensed with by general consent.
Mr. Randolph said he wished only to observe, that there was but one principle (and that had been stated by the speaker) on which these papers ought to be read. Any member had a right to call for the reading of papers. To him, however, it appeared that there was no occasion for inspiration to perceive that the papers, so far as read, were in a high degree indecent, unworthy of any man who had held or ought to hold an office under government, and derogatory from the dignity of the house. Members were cited by name—insults were offered to individual members—a committee was divided into different sects—on one class illiberal calumnies were thrown, while the other class was shielded from reflection. Was this decent, or indecent? He congratulated himself that he differed as widely on this subject, as he did on others, from gentlemen.
Mr. Morris said however widely he might differ on this as well as other subjects from the gentleman from Virginia, he believed his own ideas of what was decent or indecent, as correct as those of that gentleman. The letter states that a report had been made during the last session, implicating the character of the writer. It further states that certain gentlemen on the committee did not concur in the report. This the writer knew from the debates upon the report. He therefore, thought it his duty, in vindicating himself, to exonerate those members from censure. Was this indecent? He conceived not.
Mr. Morris said that when he had observed that there was not an indecent expression in the letter, he meant that there was no such expression applied to the house collectively. He did not mean to say there were no charges against individual members. But if there were charges against individual members, that was no reason for the house refusing to hear it. That could only be done when charges were made against the house in its collective character.
The Speaker read the rules of the house that applied to the case before them.
Mr. Alston said he only rose to notice the observation of his colleague (Mr. Stanley) who supposed he saw the inside of the communication before it was presented. This he denied. He had grounded his motion exclusively on what he had heard read.
Mr. Bacon was at a loss to decide on the propriety of reading or not reading these papers. He perceived that they

contained not only a complaint, but a high charge against the committee of the house, stating that the major part assumed to act exclusively upon the business assigned to the whole committee, without consulting the other members. This was a high charge. Whether properly or regularly made, he did not know. It was rather his opinion that the house ought to proceed in reading the papers, and afterwards to pass a proper order on them.
The speaker declared the rule for reading imperative, and Mr. Alston withdrew his motion—on which the clerk proceeded in the reading, which was continued for more than an hour—when
Mr. Davis renewed the motion for suspending the further reading. He asked what reason there was in consuming the time of the house in having long papers read, on which, when read, the house could not act? He read a rule of the house enjoining upon every member or the speaker, before presenting any paper, briefly to state its contents, and asked of what avail this rule could be unless it were in the power of the house to refuse the reading?
The speaker again declared his opinion that the reading was imperative, unless dispensed with by unanimous consent.
Mr. Mitchell was proceeding to make some remarks—when Mr. Griswold called him to order, as the decision of the Speaker had settled the point, unless an appeal was made therefrom.
Mr. Davis said he was so tired with the papers, and thought the precedent so bad a one, that he appealed for the decision of the chair.
Mr. Dana called for the yeas and nays. The question was taken, according to a rule, without debate, on the question "is the decision of the chair in order?" Carried in the affirmative—Yeas 62. Nays 16.
On which the reading was continued till a quarter past two o'clock.
January 3.
Mr. Randolph (chairman of the committee of ways and means) reported a bill making appropriations for the military establishment, for the year 1803—passed a first and second reading, ordered for a third reading to-morrow and to be printed.
Mr. Newman moved that the secretary of the Navy be instructed to report the situation of the timber deposited in the different Navy Yards, for the purpose of building ships of war, and whether the same should not be covered with flax. Mr. N. said he offered this, because he observed at Gosport, near Norfolk, the ship timber was much exposed to the weather, he thought it should either be sold, or put in a state of preservation.
January 4.
The house went into a committee of the whole. Mr. Dawson in the chair, on the bill making a partial appropriation for the naval service during the year 1803. The bill appropriates 200,000 dollars.
The committee having gone through the bill, reported it without amendment to the house, who immediately took it up, and ordered it to be engrossed for a third reading to-morrow.
Mr. Griswold observed that there was one subject noticed in the President's message, on which the house had taken no order. It was very important that the Legislature should the Legislature possess all the information that it was in its power of the heads of departments to furnish. He then read that part of the message that relates to the cession of Louisiana to the French; and said that for the purpose of obtaining all the information proper at that time to be given, he made the following motion:
Resolved, That the president of the United States be requested to direct the proper officer to lay before the house, copies of such official documents as have been received by the government, announcing the cession of Louisiana to France, together with a report explaining the stipulations, circumstances and conditions under which that province is to be delivered up—unless such documents and report will, in the opinion of the President, divulge to the house particular transactions not proper at this time to be communicated.
Mr. Griswold considered it respectful to save the President from a request to furnish papers that may be improper at this time. The subject, however, was vastly important—and the cession of the province might require from the legislature some further protection of that frontier.
Mr. Smith hoped the resolution would lie on the table at least until to-morrow.
Mr. S. Smith asked the gentleman from Connecticut to explain the difference between his resolution and that offered at the beginning of the session by the gentleman from Virginia, (Mr. Randolph.)
Mr. Griswold replied, that if the gentleman from Maryland would give himself the trouble of reading the resolution offered by the gentleman from Virginia, he would perceive the difference. The former related to the shutting of the port of New Orleans by Spain—and the other to the cession of the province to France. If the gentleman thought there were any delicate subjects connected with the resolution, he had no objection to its resting until to-morrow.
NEWYORK, JANUARY 3.
Captain Hawley, of the brig Argonaut from Antigua, informs us that an American vessel from St. Vincents arrived there previous to his departure, the capt. of which assured him that on his passage to Antigua he had fallen in with a French fleet, consisting of 15 sail of the line and 40 transports, bound to Saint Domingo with troops, and having 12 months provisions on board.
Letters, we are informed, were received in town on Saturday from Portsmouth, N. H. containing the distressing intelligence that a fire broke out there the beginning of last week, by which between 2 and 300 buildings were consumed.
PHILADELPHIA, Jan. 4.
Arrived this morning, the ship Matilda, capt. Talbut, in 25 days from New-Orleans. No troops had arrived there, and the restrictions on American trade continued to be rigidly enforced.
TO THE EDITOR.
New-Orleans, Dec. 5, 1802.
"the situation of this place, as to the operation of the Intendant's proclamation, continues the same as at my last. There are now eight or ten American vessels laying here, unable to obtain permission to discharge, and having no other way of getting rid of their cargoes, but by sending them to Natchez—a perilous step indeed!
"We are very anxious to hear what course your government will adopt on this interesting occasion. If we are to judge from what our neighbors at the Natchez intimate, it will be productive of a very important change in the relations of the two governments.
"There is no doubt as to the French taking possession of this colony. When it will take place, however, is a matter of uncertainty. It is the policy of the Spanish government to act in darkness. We therefore shall not be officially apprised of this circumstance, until the arrival of the French commissioners."
INTERESTING.
A letter from a gentleman belonging to Boston, and dated, at the "Castle of St. Joseph, Vilparisar, in Chili, April 20, 1802," says, "I am happy to inform you that we are all well, though prisoners.—On our arrival here it was rumoured we were English, and the idle story had credit with the Governor, who demanded our papers, and sent them to the captain general of Chili, residing at St. Jago.—After waiting six weeks the governor informed captain Rowan his papers were ready to be returned to him, on his delivering up 350 muskets he had on board. Captain Rowan informed the Governor he could not comply with so unjust a demand until some higher power directed it. Upon which the Governor ordered the ship to be hailed, and informed, that unless the demand was immediately complied with, he should sink us. On this, captain R. ordered the colours to be nailed to the mizen-mast—and the Spanish ship Hercules fired a shot into us which did no damage. Matters continued in this state until the next day, when capt. R. was informed by letter, that it was the Captain General's orders to deliver up said arms—upon which they were given up. This was supposed to be the end of the business. However on the morning of the 1st inst. the Hazard was boarded by 200 men—worthy the name of brigands—when a general carnage took place. By the interposition of the captain of a Spanish brig who appeared the only man among them possessing any humanity, capt. R.'s life was spared. I narrowly escaped, as they gave no quarters. The Governor of this port has received the severest censure for this affair from the Captain General, who has informed Capt. R. that every satisfaction shall be given, both for the loss of property and for the blood spilt in so wanton a manner.
They are ashamed and afraid to let the matter go to Europe. This is a specimen of Spanish bravery. My whole adventure has been plundered, but I have no doubt of receiving heavy damages.—If satisfaction should not be given, I am sensible the government of a free and independent nation will notice it. There are a number of Americans here, officers and men. Three American Whalemens were brought in this day.
MARTINSBURG, January 14.
MARRIED on Tuesday the 4th instant, in Leesburg, by the revd. Mr. Littlejohn, JOHN KEARSLEY, Esq. of Shepherd's-Town, to Mrs. MARGARET STEWART, of this place.
MONEY MAKERS.
For some time past suspicions were entertained, that base money was made in the shop of a certain Streithuff, near Sleepy Creek, in this County. To realize these suspicions and detect the persons engaged in this nefarious procedure, a party of persons surrounded the shop on Friday last. The shop was found closed. One of the party approached near the door when he distinctly heard the jingle of money. They demanded admittance—the demand was not complied with—the door was then forced open, when four men, apparently much dismayed, were discovered; these men were Compey, Dawson, Streithuff and the far-fam'd and well-known SHOCKEY. Many base
dollars were found, together with a number of crucibles, a quantity of the necessary ingredients for preparing the metal, and all the implements for coining dollars. The four persons were then arrested and brought to Martinsburg jail.
Their trial came on yesterday before a Court of enquiry in this town, when the Court, after examining the witnesses and hearing the pleadings, against and in favor of the prisoners, adjudged them to be sent to the District Court, holden at Winchester, for further trial.
FROM THE CHRONICLE EXPRESS.
NEW-ORLEANS.
The Spanish conduct at New-Orleans appears to excite one general sentiment in the public mind. As an object of the most momentous concern it is regarded by all. We cannot but think it the precursor of much disturbance to the American people.
If, indeed, we could be convinced that the recent measures at New-Orleans originated, in fact, with the Spanish government, uninfluenced and without the controul of France, there would be little ground for anxiety and none for alarm.—Let us, however, admit with caution, a conviction which, if fallacious is so fraught with danger.
The cession of Louisiana to France is no longer doubted—and, from a publication in a late Paris paper, an authority which, in this case, may be deemed authentic, we learn that the country is to be ceded in the same situation as it was received from France by Spain. Of the precise terms in which this treaty is expressed, we have not accurate knowledge—but doubtless the "same situation," or words of similar import, which may be used, will be construed both to its boundary and to its political relations.—As to boundary, that which only has been recognised by France, will include Detroit, extend the whole southern coast of Lake Erie, and embrace the whole country west of the Alleghany mountains, thus including within its limits more than half the territory of the United States.
The evil and contentions, however, which may emanate from this course are contingent, and possibly remote. Those which regard the navigation of the Mississippi, are eminent and portentous.
France receives Louisiana, including New-Orleans and both branches of the Mississippi, disincumbered of the thralldom of free navigation, and the right of deposit, justly claimed by the United States. We apply to Spain for redress. She replies that she has neither power nor interest in the question, and refers us to Buonaparte. HE is a stranger to our pretences—HE has received the country as an appendage of the French empire, subject to no foreign claims or franchises. However specious this reasoning, and dishonorable this conduct, matters not—that the reasoning is diplomatic, and the conduct analogous to that of France and her sovereign, is abundantly verified by numerous recent facts.
Thus the gigantic schemes of Buonaparte appear to embrace, at the same moment, the subjugation of Europe, the recovery of Egypt, and the foundation of an American empire.
Universal dominion appears the ultimate object of his all-grasping ambition. Never existed a man so competent to the execution of such complicated and extensive plans. He has at his command one of the most warlike nations in the world. Generals the most enterprising and experienced—armies inured to battle and accustomed to victory—resources that may, since his extensive additions to the French empire, be termed inexhaustible. He has a spirit the most bold and confident—a mind that, without the trouble of reflection, contemplates, at one glance, the event of an action in all its relations, and in all its consequences. He casts his eye, at one view, over the extensive and widely separated countries comprised in his designs, and decides on the measures to be adopted, with the same promptness and celerity with which he directs his glances. He has also youth, and may therefore hope to execute his wishes within the reasonable term of his natural life. If, then, the powers of Europe do not awaken from the torpor into which his superior genius has thrown them, by the unparalleled success of his every attempt. If they do not see the necessity of unity to oppose a power that menaces them all—and if they do not act in consequence of these impressions, we may expect the banks of the Mississippi to be lined with French forces, and a conflict of the most desperate nature to occupy our future years.
It is therefore of the highest importance, that we should anticipate and pre-
pare for these events. The military spirit of our militia should not be permitted to slumber. We know what can be achieved by a people fighting for their dearest privileges. Yet this people, undisciplined, may sink as sacrifices on the bayonets of an invading enemy. On the militia of our country its rights may be reposed—but that militia should be properly organized—properly instructed and competent to the duties of a regular military establishment—thus shall we be prepared for every emergency—thus be enabled at any moment, to rise en masse, not a wild and unmanageable multitude, but a formidable, disciplined army.
It becomes, therefore, a matter of importance, that our militia officers should make themselves masters of their duties, and acquainted with the innumerable improvements introduced into the art of war, during the late European campaigns, and particularly in the armies of France.
We are authorised to inform the Citizens of Berkeley County, that JAMES CAMPBELL, Esq. and MAGNUS TATE, Esq. will stand a poll at the ensuing election for Representatives in the State Legislature.
TO THE CITIZENS OF JEFFERSON COUNTY.
WE, the undersigned, at the request of our Friends, offer as Candidates at the ensuing Election, to represent you in the next General Assembly of this State.
We are, Gentlemen,
with due respect,
your obedient servants,
ABRAHAM MORGAN,
GEORGE TATE.
January 13, 1803.
A List of LETTERS remaining in the Post-Office at Shepherd's Town, the 1st of January, 1803.
B. William Boilin, or Boilind. Ruhannah Banks. John Baltzer. Peter Boss, Smithfield.
C. Peter Clima. Jacob Comegys. Jacob Cox.
D. Thomas Delap, care of Mr. M. Murrain.
E. Evans & Jemmison, three letters.
K. Alexander Kerney.
L. Thomas Lee. Henry Lyon.
M. Jeptha Martin. Barnhard Millet. William M'Cance, or M'Cane, Keep-tryst Furnace.
R. David Ross, Loudoun County.
S. Lewis Sailor, Chair-maker.
T. William Thompson, Miller.
N. B. A letter, advertised the last quarter, directed to Doctor Joseph Gowan, near Shepherd's Town, and care of William Wilson, Middletown, is still here, and as this letter is said to contain a note of hand for £16 16 0, and may be of importance to the bearer, he will be pleased to take notice, that it will be forwarded to the General Post-Office the 22d inst. if not before taken up.
Where no place of residence is mentioned, in or near Shepherd's Town, is to be understood.
JOHN MORROW, P.M.
ONE CENT REWARD.
RAN away from the subscriber on the 6th inst. an apprentice boy named James Burk, about 5 feet 8 or 9 inches high, had on and took with him one coating roundabout and pantaloon, one fur hat and one wool ditto, one pair of worsted stocking and one pair of shoes. The above reward will be paid, but no thanks given, for returning him.
PATRICK SPRINT.
Charles Town, January 13, 1803.
FOR RENT OR BARTER.
THE HOUSES and LOT at present in the occupancy of Abraham Gorrell, situate in King Street Martinsburg, on the corner next the Market-House. This house has, for a number of years, been occupied as a Tavern, for which it is extremely well calculated, having a number of lodging and other rooms, good and convenient kitchen, Smoke-House, a very large Stable, &c. This Property will be rented from the 17th of March next, or the subscriber would dispose of it for Kentucky or other back lands of good quality, for which indisputable titles can be had. The terms may be known on application to the subscriber living near Martinsburg, or to Abraham Gorrell, on the premises.
WILLIAM GORRELL.
January 14, 1803.

WILL AND BET. The Cottagers of Park-Place. [From a London Paper.]
WHEN Summer's genial days are gone, And Winter puts her liv'ry on, Of all the sons that ever set, Be mine, ye fates, like WILL and BET.
The time has been—tho' now it's past, That in Beauty's mould was cast; Her eye still beams—a dimple yet Recalls the envy'd smiles of BET.
The time has been—it is no more! That WILL a wrestler's figure bore; Nor yet he's bent with age—and still There is an air that graces WILL.
A loving heart survives in both, And years have crown'd the nuptial oath, She to this day is William's pet, And he the idol is of Bet.
A competence of rustic fare, In this delightful cot they share— Their grateful thanks no boon forget, Your smiles are paid by Will and Bet.
No fame that Conway had achiev'd, A wreath so brilliant has receiv'd, As when his name can spread the net, For pride of heart in Will or Bet.
"Yes—it was here," said Will, he sat "There—Will, said he, lay down my hat, Though out of place we must not fret, But laugh and chat with you and Bet."
"In all that bear the shape of men, "We ne'er shall see his like again; "For him the poor man's tears are wet, "They lov'd him—just like me and Bet."
"Your honor sees in this old girl, "A wife that is the husband's pearl— "Nor wines nor dainties here you'll get, "The heart is all in will and Bet."
It is not here that age declines, And ploughs the cheek in furrow'd lines; 'Tis peace and conscience out of debt, That plays with time—in Will and Bet.
BERKELEY COUNTY, ss. OCTOBER COURT, 1802. Andrew Waggener, surviving Executor of William Cunningham, dec'd—Comp't. AGAINST
Ann Henshaw, widow and adm'x of William Henshaw, dec'd, who was Ex'r of James Cunningham, dec'd, Nicholas Henshaw, Rachel Lemon, Lewis Moore and Rebecca his wife, Levi Henshaw, Hiram Henshaw, Seth Duncan and Rhexanna his wife, Adam Stephen Henshaw, Jonathan Seamon Henshaw, Washington Henshaw, William Slaughter Henshaw and Uriah Springer Henshaw, the said Adam Stephen, Jonathan Seamon, Washington, William Slaughter and Uriah Springer, are infants under the age of 21 years, which said Nicholas, Rachel, Rebecca, Levi, Hiram, Rhexanna, Adam Stephen, Jonathan Seamon, Washington, William Slaughter and Uriah Springer, are children and co-heirs and co-heiresses of the said William Henshaw, dec'd—Defendants.  IN CHANCERY.
THE Defendants, Nicholas Henshaw, Lewis Moore, and Rebecca his wife, not having entered their appearance agreeable to an act of Assembly and the rules of this Court, and it appearing to the satisfaction of the Court, that they are not inhabitants of this Commonwealth, on motion of the Complainant, by his Counsel, it is ordered, that the said Defendants do appear here on the Monday after the third Tuesday in March next, and answer the bill of the Complainant, and that a copy of this order be forthwith inserted in the Virginia Gazette, for two months successively, and published at the door of the Court House of the said County.
A Copy. Teste, H. BEDINGER, c. b. c.
NOTICE.
THE subscriber hereby cautions all persons from pulling down the fence, or passing through the plantation on which Amos Huff now resides, from cutting down or carrying away any kind of wood from the said plantation; or committing any other unlawful trespasses, on the premises, as he is determined to prosecute to the utmost penalty of the law every person so offending.
JOSIAH FLAGG.
December 31, 1802.
PATTERSON'S OLD MILL.
THE Public are hereby informed, that on the 14th instant, the Subscriber will take possession of his Mill on Tuscarora Creek, about one mile and an half from Martinsburg, well known by the above name; and that, from that time forward, it will be under his own immediate inspection.
He has employed an attentive Miller, who is well acquainted with manufacturing FLOUR. He (the subscriber) will warrant, and stand accountable, for the inspection of all common Flour made at his Mill, and will engage to produce from every hundred bushels of clean merchantable Wheat, weighing sixty pounds per bushel, TWENTY BARRELS of SUPERFINE FLOUR.
Special attention shall be paid to have Grist, brought by customers, well ground.
HUGH V. PATTERSON. January 7, 1803.
TAKE NOTICE.
THE Subscriber having determined to decline business in this place for some time, requests all those that are indebted to him, to come forward and settle their accounts by the first day of February next—From all that cannot pay off their accounts, notes will be required, without respect to persons.
He has now on hand, A General
Assortment of DRY-GOODS, GROCERIES, &c. Which will be sold unusually cheap for Cash.
JAMES FAULKNER. January 7, 1803.
ALL persons indebted to the subscriber by bond, note, or book account, are requested to come forward and settle up their respective dues, as he intends to leave Martinsburg in a short time.—Persons indebted for the services of his Stud horse Young Snap, will also please discharge the same immediately.
ABRAHAM GORRELL. Martinsburg, December 31, 1802.
To the Inhabitants of Berkeley County.
FELLOW-CITIZENS,
BEING frequently solicited by a number of respectable Gentlemen to come forward as a Candidate to represent you in the General Assembly of this Commonwealth, this is therefore to inform you that I have at last got my own consent, not only to enlarge the field of your choice, but if elected, to serve you faithfully, according to my best judgment and ability. I will add, fellow-citizens, that I have lived amongst you nearly thirteen years, and in the course of that time, I have been endeavoring to learn the political situation of our common country, and have established for myself a place of residence in Berkeley County, where it is probable I may pass the balance of my days; it is therefore natural to suppose that my own interest, will lead me upon all occasions, to promote your welfare in general, as a body politic, of which body myself and family forms a part—I will further add, that there may be, a number of persons who vote for measures and not for men, that may wish to know my political sentiments; in order to give them that information, I do declare myself to be a real republican, a true friend to the constitution of the United States, and an approver of the present administration of the general government.
With sentiments of esteem, I leave you to judge, and chuse for yourselves. JOEL WARD.
Mill-Creek, December 26, 1802.
CAUTION.
THE subscriber some time since sold two LOTS OF LAND to William Rector—the one containing 34 and the other 15 Acres, lying on the waters of Sleepy Creek, Berkeley County, and gave his penal bond to make a good title—and said Rector having sold these Lots to Barnett Lee, and assigned my bond to him, to which Lee the subscriber has made a good title, but the said Lee refusing to give up my bond, I do therefore caution the public from taking any further assignments on the same, as it is now void and of no effect.
JOHN FROSHOUR.
Berkeley County, } December 31, 1802. }
ENGLISH EDUCATION.
THE SUBSCRIBER, who was the founder of the Female Academy in Charles Town, in 1799, and has been engaged in conducting it, at different places, ever since, takes this public method of returning his sincere acknowledgments to all those respectable characters who have patronized his institution: For, although his circumstances were not such, as to render his subsistence dependent on the success of the undertaking; yet, as he had, for some time previous to the erection of the Female Academy , deplored the great neglect which had been exercised towards the fairest workmanship of the lower world, with respect to the cultivation of their Mental Powers, by a proper Education; so, it gave him high satisfaction, to see his fellow citizens appear ready, and solicitous, to remedy that misfortune, when, as they hoped, and supposed, a proper opportunity offered.
In the progress of the business, the subscriber's greatest reward has been, the frequent assurances he has had, of the full satisfaction, which the advancement of his Fair pupils has given to their Parents and Friends; and the pleasing discoveries, which he has witnessed himself, of the capaciousness of the Female mind; and, that the soft sex was as capable of internal, as external endowments.
As the Subscriber intends to make some change in the Institution, the ensuing year, he deems it a necessary duty in him, to make a public notification thereof, that his Friends, who have patronized the Female Institution, may have a proper opportunity to consider what steps they will pursue. In the course of his attention to Female Education, he has been frequently and pressingy solicited, to take Boys also under his care; but, as his publication included Females only, he continually refused to receive Boys, as he had never given any public notice of such an intention.
But he now, hereby, gives that notice; and informs the Public, that he will receive Boys under his care the ensuing year—that he will board eight or ten, but that a few of those most contiguous, must find themselves beds.
The Subscriber does not mean, by this step, arbitrarily to exclude Females, but will receive a few of them also, as boarders, should their Parents or Friends, choose to send them; but he thinks it necessary to inform them, that he expects his Sister will remove her residence another year, and that he shall not have her assistance in the business. Should any Females be sent, he will appropriate a room, separate from the common School-Room, to their use, and make two of his Daughters attend them constantly; one of whom must be submitted to as Tutoreas, and he will attend to, and conduct their studies as formerly, and on every Friday they will be taken down into the common School-Room, to go through a general examination with the Male students: This, it is more than probable, will create an emulation between the two sexes, and be an incentive to diligence.
The Subscriber has employed Mr. Willson, who taught School the present year in the neighbourhood of Capt. Bayler, as an assistant in the Male School; and he (the Subscriber) will divide his time and attention between the two Schools, and direct the studies of both.
The Female boarders will lodge in the dwelling house, and the Males will occupy the room in the Academy where the young Ladies now lodge. Day Scholars of both sexes will be received, provided they come from places of good repute, and make a clean and decent appearance. The terms will be as formerly, and the course of Education the same; except, that in the Male School, some branches of the Mathematics will be taught.
Punctuality in the quarterly payments, at the beginning of each quarter, will be expected; and if furnished with money for the purpose, the Subscriber will purchase the necessary books, &c. for the students. The Male School will open on the first of February; the Female School on the first of April; but I wish all those who intend to send, to enter their children immediately, that books may be procured for them in time, and other necessary preparations be made.
CHRISTOPHER COLLINS.
Mount-Zoar, December 30, 1802.
CAME to the Plantation of the subscriber, an Estray Mule BULL , without crop or brand, one year old last spring. Appraised to Six Dollars. The owner is requested to prove property, pay charges and take him away.
JOSIAH FLAGG.
December 31, 1802.
WILL be offered for Sale at Public Vendue on Tuesday the 18th of January next, at the late dwelling house of Joseph Park, dec'd
HORSES, COWS, SHEEP, HOGS, a good WAGGON and Geers, Farming Utensils of every description, Beds, Chests of Drawers, Desk, Book Case, Tables, Chairs, and other Household Furniture, a Weavers Loom and Tackling, a quantity of Corn, and other Grain, Hay, &c. also grain in the ground, with a number of other articles too numerous to mention. The sale will begin at 8 o'clock, where due attendance and a long credit will be given.
ANN PARK, Admrx.
JOHN PARK,
Wm. WILSON, Admrs.
December 31, 1802.
BERKELEY COUNTY, ss.
OCTOBER COURT, 1802.
John Myles, Tunis Newkirk, George Newkirk, Henry Newkirk, John Newkirk and Joseph Newkirk, which said Henry, John and Joseph, are infants under the age of 21 years, by George Newkirk, their Guardian—Comp'ts. AGAINST
David Watkins, Jane Logan, (widow) Executrix and Devisee of James Logan, dec'd, Brian Bruin and James Wilson, Def'ts.  IN CHANCERY.
THE Defendants, David Watkins and Bryan Bruin, not having entered their appearance agreeable to an act of Assembly and the rules of this Court, and it appearing to the satisfaction of the Court that they are not inhabitants of this Commonwealth, on motion of the Complainants, by their Counsel, it is ordered, that the said Defendants do appear here on the Monday after the third Tuesday in March next, and answer the bill of the Complainants, and that a copy of this order be forthwith inserted in the Virginia Gazette, for two months successively, and published at the door of the Court House of the said County.
A Copy. Teste, H. BEDINGER, c. b. c.
TAKE NOTICE.
I SOME time since gave my bond to William Jackson of Hampshire County, late of Kentucky, for the payment of Forty Pounds, Virginia Currency, which payment became due some time in April last. The money being now ready to discharge the said bond, I am determined to pay no interest on it from this date.
MOSES DIMMITT.
December 31, 1802.
TO BE SOLD.
A VALUABLE BODY OF LAND, situate in Berkeley County, Virginia, near Mill Creek, containing 500 acres. This Land is divided into three Tenements, with a good Barn and convenient Dwelling House, an excellent apple Orchard of about 500 bearing trees, with a number of peach and cherry trees on each place—About 50 or 60 acres of Meadow is made, which is nearly equally apportioned between the different places, and a considerable quantity more may be made with but little trouble.—About one half of the Land is cleared, enclosed with good fence, and in excellent farming condition; the other half is cloth'd with good timber, such as white and black Oak, Hickory, &c. There are four springs of good Water on this Land, three of which are so situated as to be convenient to each of the different houses. The Property may be seen and the terms known on application to the subscriber, living on the premises.
An indisputable title, free from incumbrance, will be given.
JONATHAN GARRARD.
October 1, 1802.
AN active Lad, from 15 to 17 years of age, of good morals, who has received a tolerable English education, will be taken on advantageous terms by the Editor of this Paper, to learn the ART of PRINTING.
Intelligencer Office, October 1, 1802.
PRINTING,
In all its variety, executed at this Office, with correctness and expedition.
MARTINSBURG, Berkeley County,
Printed and published by
JOHN ALBURTIS.