Lynchburg star (Lynchburg [Va.]), 1806-07-24 00:00:00

LYNCHBURG STAR.
Virginia,
PUBLISHED BY JAMES GRAHAM.....AT THREE DOLLARS PER ANNUM.....(Payable in advance.)
No. XXXIX.]
THURSDAY, JULY 24.....1806.
[Vol. I]
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Foreign News.
OPINIONS OF THE JUDGES.
In the case of Lord Melville's witness Indemnity Bill, on the question "whether witnesses were bound to answer questions, if their answers subjected them to civil process."
The Judges, agreeable to the order of the House of Lords, delivered their opinions seriatim , on the questions, referred to them by their lordships.
Upon the motion of Lord Ellenborough, the judges whose circuits were to commence the soonest, were heard the first.
Mr. Baron Graham, after stating the difficulties in which the question was involved, declared that, in his opinion, the general rule of law was, that a witness was bound to answer every question touching the issue to be tried, with the exception only of such questions as would expose him to a criminal prosecution, or to a penalty or forfeiture. In the courts of Equity, it was the daily practice to force parties to answer the matters alleged against them, whatever pecuniary loss such answers might subject them to. The justice and the reason of this rule applied equally to the courts of law, although it was not the custom there to examine the parties, as it was in chancery, where their customs were derived from the civil instead of the common law. Although in the courts of law, a party could not be made a witness, yet those persons who were brought forward as witnesses were equally bound to declare the whole truth, as the parties would be in a court of equity. If it were not so, the most monstrous obstructions would be thrown in the way of justice; those persons who were the best qualified to give important evidence, might generally shelter themselves under that plea. It was, however, every day seen, that pawn-brokers were brought in evidence upon the prosecution of thieves, and stable keepers on the trials of horse-dealers; and in neither of these
cases, would it be permitted, for the pawn-broker, or the stable-keeper, to refuse giving testimony on the ground of their answers, obliging them to restore those things which they had to improperly received. If this were the law, whatever inconveniences might result from it, witnesses would perpetually claim this privilege, either from fear, or thro' favor. The point had not as yet been settled by any solemn decision, after a full argument; but, from all the lights that he could derive, and from the monstrous inconvenience that would result from the contrary supposition, he declared his opinion, as to the first question, that a witness is bound to answer all such answers as do not expose him, either to criminal prosecution, penalty, or forfeiture; and as to the second question, that the same rule applies to the witnesses on a trial, or a suit where his majesty is either plaintiff or profer.
Mr. Justice Chambre was of the same opinion. In the Courts of Equity, not only a person might be compelled to answer questions which would severely affect their pecuniary interests, but Bills of Discovery were filed, for the express purpose of obtaining an answer upon oath, which answer might be read as evidence in the Courts of Law. The rule had been laid down by Lord Mansfield, which had been generally considered as the true one, that in all cases where a witness could be forced to answer by a Court of Equity, in order that his answer might be read as evidence in a Court of Law, should compel him to a sweer at the trial. The only cases where a party could refuse to answer in a Court of Equity, were, when such answer would expose him to either criminal prosecution or to penalty or forfeiture. This was what he conceived the rule also at common law, and that it most unquestionably ought to be the rule, for he thought there could be no reason assigned why a man should conceive himself privileged to conceal the truth, or to refuse to do justice between A. and B. on the ground that if he did so, C. might have an action against him; which would be to say in other words, "the public must not call upon me to give evidence, or do justice, between A. and B. because such evidence might prevent me from acting unjustly by C. or D. to whom I should with to withhold a just debt." As to the authorities upon the point, there were on one side a great variety of opinions expressed at Nisi Prius , and on the other, the rule as laid down by Lord Mansfield, and which he now considered to be the law with respect to evidence. There had also been a case in the Court of Exchequer, where an attachment was ordered against a witness for refusing to answer on these grounds. When he considered the practice of the courts of equity, and the manner in which this practice had been adopted in the Courts of Law, and also when he considered the great obstruction, which would be thrown in the way of justice, if the contrary practice should prevail, he should give his private opinion, that a witness was bound to answer questions, which did not expose him to criminal prosecution, penalty, or forfeiture, even although his pecuniary interests might suffer by such answer.
Mr. Justice Le Blanc agreed most decidedly with the opinions which had been delivered by the judges who had preceded him. He considered that it would be subversive of justice, and a thing not to be endured, if agents, brokers, or persons who managed insurances, were to decline being examined, on the ground of their being themselves made liable to a civil action. Although he professed the highest regard for the authority of those judges who held the rule to be the other way, yet it must be recollected, that the point had never been seriously argued before, or probably those great and learned judges might have altered their opinions. He had always held that witnesses could be compelled to answer questions, even although their answers might expose them to civil actions, and the more he considered the practice of the Courts, and the reason on which it was founded, the more he was confirmed in that opinion. He, therefore, agreed with his learned brethren in the answers that had been given to the questions that had been submitted to their opinion.
Mr. Justice Grose differed in opinion
on from he learned judges who had preceded him. He conceived, that, by the mild laws of this country, no man was bound to criminate himself, or to give evidence against his own pecuniary interest, and perhaps to his utter ruin. It was allowed, that neither in Courts of Equity, or at law, was a man bound to answer what might expose him to a penalty of five pounds for killing a hare, and yet should be obliged to answer questions which might expose him to ten thousand pounds in damages, or lie in jail all his life, if he should be unable to pay those damages. This difference, it appeared, was more grounded upon practice than upon any principle. The practice, however, of the Courts of Equity differed most materially from that of the Courts of Law. In the Courts of Equity, altho' the parties were liable to be compelled to answer upon oath, yet they had time for due deliberation and legal advice, and besides the answers could not afterwards be misinterpreted. It was very different, however, in a Court of Law, when a question rapidly put by an ingenious lawyer, answered without consideration; might expose the witness to ruin. If this answer could be given against him as evidence in another trial, it would be given in without the witness having any opportunity to explain his answer. There were many other differences between the rules of evidence in the Court of Equity, and those of Common Law. In the former, an infant could not be compelled to answer, in the latter he could. He did not consider that the principle laid down by Lord Mansfield was entitled to more weight than the opinions of many great and eminent judges, who had determined the other way. His opinion was, therefore, contrary to the opinions expressed by his brother judges.
Mr. Justice Lawrence said, that he had concurred with other judges in refusing a new trial moved for on that very ground. The fact was, that till the present question was started, there had been no solemn argument upon the subject, and he had never turned his mind particularly to it; but upon the present occasion, having felt it his duty to consider the subject with the utmost attention he could give to it, he had changed his opinion as to the rule of law, and was now inclined to consider that it was different from that he had formerly supposed.—Which ever way the general rule lay, that rule had many exceptions, and, although he could see many inconveniences resulting from the affirmatives, as well as from the negative of the question, which had been put to the judges, yet he thought the negatives resulting from the negative of it considerably predominated. He therefore now considered that the general rule of law was, that a witness was bound to answer questions, although he might become liable to a civil action in consequence of his answers.
Mr. Justice Rooke coincided with Mr. Justice Grose in his opinion, that a witness was not bound to answer questions which might materially affect his pecuniary interest. He did not apprehend such evil consequences from this rule, as those who held an opinion contrary to his—Prosecutors and plaintiffs seldom came into court so rely entirely on what they were to pick up by cross examination from an unwilling witness. Neither did he think that they would decline answering on a pretence of their pecuniary interest being endangered, if, upon examination, it appeared that their interest was very minute. He thought a much greater danger would result from allowing a hasty answer, unexplained, and perhaps incorrectly taken down to be read against this doctrine, but he thought it was an extreme hard case. It was that of Lord Keith, who by an answer he gave, in an insurance case, where he was called as a witness, subjected himself to an action in which 10,000/ damages were given against him.
No court of equity would have compelled him to state every irregularity he might have committed when commander in chief of a fleet, and yet against him. He considered that evils of this kind were worse than would follow from the rule being the other way. As to the courts of equity, whatever analogies might be drawn, he did consider that judges of the com-
mon law were bound to go into the court of chancery to find out what rules of evidence were received there. In the whole of his practice at the bar, and of his experience on the bench, he considered that witnesses might object to being examined on matters that would expose them to civil actions. He thought that no third person had a right to extort from a witness what debts he owed, what slander he might have spoken, or what trespasses he might have committed, which would expose him to actions. If that were the rule, it would change the whole practice of the law, as dishonest practitioners would bring actions against one person, merely to extort evidence against another. He, therefore, was of opinion, that a witness was not bound to answer questions which would prejudice his pecuniary interest, and expose him to civil actions.
After Mr. Justice Rooke had finished, the further hearing of the judges was postponed till to-morrow. Adjourned.
ENGLAND AND AMERICA.
The following letter has been addressed from Mr. Secretary Fox to the American Minister:—
"Downing Street, May 16 1806. "The Undersigned, his Majesty's Principal Secretary of State for Foreign Affairs, has received his Majesty's commands to acquaint Mr. Monroe, that the King taking into consideration the new and extraordinary means resorted to by the enemy for the purpose of distressing the commerce of his subjects, has thought fit to direct that the necessary measures should be taken for the blockade of the coasts, rivers, and ports, from the river Elbe to the port of Brest, both inclusive; and the said coasts, rivers, and ports, are and must be considered as blockaded; but that his majesty is pleased to declare, that such blockade shall not extend to prevent neutral ships and vessels, laden with goods not being the property of his majesty's enemies, and not being contraband of war, from approaching the said coasts, and entering into, and sailing from the said rivers and ports, (save and except the coasts, rivers, and ports from Ostend to the river Seine, already in a state of strict and vigorous blockade, and which are to be considered as so continued) provided the said ships and vessels so approaching and entering (except as aforesaid) shall not have been laden at any port belonging to, or in the possession of any of his majesty's enemies, and that the said ships and vessels so sailing from the said rivers and ports (except as aforesaid) shall not be destined to any port belonging to, or in the possession of any of his majesty's enemies, nor have previously broken the blockade."
"Mr. Monroe is therefore requested to apprise the American consul and merchants residing in England, that the coasts, rivers and ports abovenmentioned, must be considered as being in a state of blockade, and that from this time all the measures authorised by the law of nations and the respective treaties between his majesty and the different Neutral Powers, will be adopted and executed with respect to vessels attempting to violate the said blockade after this notice."
"The Undersigned requests Mr. Monroe, to accept the assurances of his high consideration. (Signed) "C. J. FOX."
"James Monroe, Esq. &c. &c."
LIVERPOOL, May 24.—From Peterburgh we learn that the Emperor Alexander has refused to mediate between England and Prussia, but that he has interfered between their Prussian and Swedish Majesties, and promised the latter his support. This part of the account seems highly probable. Sweden would hardly have risked so much, had she not good grounds of confidence in the aid of her powerful and magnanimous ally. The Prussians have not yet made any attack upon Pomerania.
Our government has received fresh assurances of the determination of Denmark to adhere with rigid strictness to the principles of neutrality, which she has at all times so openly and unequivocally avowed.
VIENNA, May 3.
The late embarrassments into which the Court of Vienna has been thrown
relatively to the affairs of Dalmatia, appear to take a pacific turn; and it seems beyond a doubt that the cabinet of Vienna has thought it proper to yield to the necessity of preserving peace. This conjecture is founded on the following circumstances: 1. The French columns, which had made a movement in advance has halted, and the Austrian prisoners have continued their march. 2. The attendants and equipages of the Elector of Wurzburg have set out for that City, and the Prince himself will follow immediately. 3. The Commissary Ghiblert has been put on his trial by a Council of War, and after each sitting the protocol and interrogatory are communicated to the French Ambassador.
It is said that the trial of the Prince d'Auersperg is ended, and that his sentence has been sent sealed to St. Peterburgh, to be submitted to the Emperor, to whom that compliment is conceived to be necessary. It is presumed that this Sovereign will recommend a pardon for him, which appears to be wished here, as the Prince has in reality always been a royal subject.
The negotiations which had prolonged the stay of General Andreossy here being at length terminated, he has taken leave of his Imperial Majesty, who has presented him with a gold box with his portrait, estimated at 40,000 livres.
We are assured that M. de la Rochefoucault has fixed, in the name of his court the 5th May, for the latest time when the court of Vienna shall take its resolution relatively to the affair of Cattaro. It is probable that it will give way in every point, rather than enter into a new contest with France.
ST. PETERSBURGH, April 25.
Our Cabinet has refused the mediation solicited of it to terminate amicably the differences subsisting between England and Prussia, because it fears to oblige one or other of those two Courts.
M. d'Alopeus, Minister from Russia at the Court of Stockholm, has received orders to make representations to his Swedish Majesty, which have for their object to re-establish a good understanding between Sweden and Prussia. His Imperial Majesty has lately written to the king of Sweden, and positively assured him that he will give him, conformably to treaties, all the succour he shall demand. He has besides guaranteed to him, we are assured, the possession of his territories.
NEW-YORK, July 8.
Capt. Riley informs, that there had been an embargo at Cayenne for 25 days, in consequence of the arrival of Jerome Bonaparte, with 6 ships of the line, and one frigate. This squadron had failed, but we have heard of none of them except the 80, on board of which Jerome Bonaparte arrived at Martinique.
N. Y. Gaz.
Extract of a letter received in this city, dated Liverpoor, May 24, 1806.
"The damp occasions by political occurrences still hangs upon our export trade. The demand for common cottons was free (particularly for low American cottons) until the close of last week, when some heavy sales of West-Indies, of a description not much wanted, were brought forward, and meeting a dull demand, gave rather a check to the market; but the holders have been ready in the prices, and some few sales are making, v. 2. Middling Uplands 16d. a 16 3/4. fine 17d. —New Orleans, very prime, 19d. middling 18d. and mixed 17 a 17 3/4. The consumption seems to have run upon these descriptions: if it continues, and the supplies do not come faster from America than they done so far, it is not improbable the market may be run very fine, here being by no means the trade in the manufacturing better, but still we pressed; and under the fairs with the continental to hold out any arrangements in Am we have already done for Fine Cotton is "Flour has exp on; and we fear ed in shipments fr orders which have affect the market as speculation or of Grain, &c. &c."

of harvest favorable, and a probability of some supplies thro' Neutrals, from the Baltic, the ports being open. Our government has abandoned the tax proposed on Pig Iron; and have given official notice of the blockade of the coast from the Elbe to Breil, both inclusive, but not to extend to Neutral vessels laden with goods not being the property of his Majesties enemies, and not contraband of war, provided the vessel shall not have been laden at any port belonging to or in possession of an enemy, or be destined for any enemy's port, with the exception of the coast from Ollend to the Seine, which will be vigorously blockaded.
"War is declared against Prussia and Pomerania, and the embargo is taken off. Hamburg and Oldenburg vessels, also of such Bremen and Oldenburg vessels as cleared out for any port of Great Britain previous to the Prussian notification of the 28th March."
"We observe several Danish vessels are bro't into the Southern ports." "24th"—It is reported a change has taken place in the Prussian Cabinet, from which conclusions favorable to a Peace with this country are inferred; if so, it may be favorable to cotton, &c. and injurious to grain, flour, and timber." Phil. Gaz.
FOR the following Extract we are indebted to his "AURORA". We do not recollect having seen any thing more boldly conceived, or more strongly expressed. It is the production of a vigorous mind, that dares to think independently, and differently from the great bulk of mankind, despising the despotism of habit—the usage of man, and aiming at the amelioration and happiness of the world.
The Essay is entitled "LAWYERS TURNING SCHOOLMASTERS," and is introduced as less independently than learnedly. The author infers, and by arguments irrefragable, that not only Lawyers, but even Judges, and Governors, would render more substantial usefulness to society by Education, than by the discharge of their ordinary functions. The perusal is peculiarly recommended.
"Perhaps your readers may think this proposal a jest, and the gentleman of the long robe consider it an insult. But if the reader will have patience, I promise to gain his consent to the measure before I am done, whether a professor or a supporter."
"In performing this undertaking, I shall consider first what is the main concern of the professor, and secondly that of the supporter."
"First. We are very sure that every professor, whether a Judge with a salary, or as an Attorney for his fees, have no other motive which keeps them in their stations, than the profits and hopes of future promotion to greater. As for the word honor, as commonly used, it is to be understood as to be totally unknown, or to be included in the word profit, as every man's honor in those days is exactly rated by his money or income. Give then these gentlemen, the same sums for teaching in schools and the same prospect of promotion to the boards of directors—let them be as well rewarded for inculcating truth, as they now are for inculcating falsehood—and let their incomes be as ideally permanent as the profession used to be, and there will be precisely the same ambition to fill their seats of ease and wealth as now exists in the protection of the law. Yea, celebrity will attend excellence, as well as in the other professions, with this difference, that all the professions will be put to work for the best of purposes, instead of the worst, as they are now employed."
"For Instance, professors will then boast of their success with such a pupil, "that in so many months from a state of information little above the butes, he taught his pupil to read every English book used in school distinctly, and by close attention to points and the definition of words, in two or three years to read with perfect understanding of his subject—and by perfectly understanding every thing he read, a thirst for reading was created equal to the desire of every human being of hearing a relation of an interesting tale, and consequently he promised to become a man of intelligence a man of very extensive reading, reflection, sound judgment and usefulness."
"Another of a higher grade would then boast of the scholars—the mathematicians—the linguists—the geographers—the mechanicians—the astronomers—he had taught. And a third would feel his soul elevated by the reflection that he had instructed pupils whose intellectual acuteness, and whole habits and principles of life, fitted them to rival the Platos & Socrates, the Catos and the Hortensians of ancient times."
"would thus enlist human patronage of its own prosperity, and its solid glory; in them to destroy every venality, or the love of money."
"No man would refuse such a reformation, preference on the addition of trick and chicanery, a piece of evidence into a mistake by which such are the lawyers gain celebrity; for to gain a any fool can do a superior craft would do right be "aggravated" being "a"
"In like manner a chief or associate director would then feel fired with the ambition of discovering some new author, or revealing some old error, or, hinting some new point to the teachers; and with how much glory would they read a reporter, or hear an eulogy on their improvements in the system. As for instance thus."
"It is the mighty mind of that towering genius which animates the soul of the late chief director of the board, we owe our happy enlightenment, which has placed our best of governments and laws on the pedestal of reason, resting on the broad basis of equal justice and equal rights. It was in the lucubrations of his all pervading eye we owe the rules and methods of instruction by which our youth are improved, so as to make every one (not defective by nature) not only able, but willing to read, see, hear, and understand. It was he that struck out a course of reading even in schools that while it cultivated the ground, planted the seed destined to bring forth its hundred fold. That laid the foundation of information co-equal with self government and the right of suffrage, and gave to our freedom, its millions of intelligent supporters, whose moral sense and correct judgments, have banished even the found of fraud and the light of a misleader." Compared to this what are eulogies bestowed on a Mansfield, or a Jeffries, or a M c Kean, or a Chafe?
"And. Now for the supporters. But, when I think of the magnitude of the effects I scarce know where to begin!"
"But still could not all the money which now is employed in the administration of justice as it is called, as salaries and fees, do wonders towards universal education? would universal education in letters and morals, with prompt and speedy justice, so banish injustice as to leave little or nothing to employ an administration about either in civil or criminal law? N y would it not be cutting up the very root of the evil, to so instruct, and to so discourage all the vices of society as to leave them without either necessity or temptation for being exercised! Look at the quakers without officers or professions! they are wise, peaceable and upright! It then proves that the very means used to punish fraud and render justice, is (as all establishments built on fraud ever have been) the very source, the parent and nurse of the disease they go about to cure. This too is no more than natural—could it be expected that the reproach against swearing from a habitual sweater, or against lying, from a habitual liar, would have the same impressions as if coming from a man of rectitude? Or, is it not ample which leads the fashion of our lives manners and morals? With example before the young eye, every thing debased can be impressed on the tender mind; but to expect it without, is to suppose precept stronger than example, which is utterly false."
"Should it be contended that the private lives and examples of lawyers are good—and they do not directly offer examples vicious in themselves, by their professions, to suitors or clients! All this is nothing to the purpose! It must be recollected that society is like a swarm of bees adhering to a comb. The statesmen and lawyers have their intimates; these have their downward in gradation, and every thing is passed down—so that the very cunning necessary to out wit the equal, invented or practiced in the cabinet or at the bar, are soon caught, and handed down with superadded fecundity to those who want or whose desires are not measured by moral right."
"Let it be also recollected that it is the public life which is most conspicuous. The loaves and fishes of life have become a proverb, understood by every. Now if these loaves and fishes do half the mischief imputed to them, then we have proof positive, that the government and officers of every people, are made the factory and store houses of such nations vices—in short, the government is employed to correct the vices which it creates; and if each department manufactures its proportion, must the judiciary bring forth its "tens of thousands" of victims to the altar."
"Believing then, that the most simple and likely settlements likely to take place, will be found the best—and believing that the present mysterious, complex and dilatory mode is the worst; I shall presume the time is at hand, when it will be laid aside; and the money now expended in tavern expenses alone will be more than equal to the new one—consequently these sums turned to the true cure; to purge the fountain and improve the education generally, so as that no native American shall be unlearned. But is it apprehended these sums will be inadequate to the object? Then let us increase them by direct taxes to a sum completely sufficient. Let the Legislature not fear giving offence in a good cause; left, however, readers may not have considered the subject of taxation aright, I will beg their attention to that subject."
"If it is from the ignorance of society all its misfortunes spring, can knowledge be too eagerly uncultivated and generally diffused—and is not the education of youth the very best purpose to which taxes could be applied? Will any legislator hesitate a moment to promote so many good purposes and benefits to society? No they ought with fearless hands set in full operation a measure which all wise men, all good men, and all poor men must approve and support, and disregard the grumblings of the few would be nobles of the land, who alone will find fault of a school tax, to which their very descendants will owe their future rise from poverty, and society its only security."
"The question of every man to answer is this—Is our present free, prosperous government worth preserving at such a price? If it is, then be it known, it can never be secure until knowledge through reading becomes its guard. Remember that this government rests on universal suffrage—that their is a continual endea-
your on the one side of its enemies to mislead the ignorant voters—that the ignorant are ever liable to be misled, and if misled, they are as dangerous through error, as enemies through design—that on a very recent occasion fraud and falsehood directed their attacks against ignorance, triumphed over truth, liberty, and justice. The consideration of these circumstances ought to weigh on the friends of liberty, of peace, and of equal rights, as to render them uneasy until a system of education shall be established which will insure this guard."
"This subject cannot be too much laboured. He that will look at the rest of the world and see the people divided into lords and vassals, the fruits of their labour torn away by contributions, and their improvements in ruins; their masters selling or bartering them away or given as a farm and live stock; to make settlements of inheritance for relations or friends. I say he who can see these things and refuses his co-operation to secure our self government, (which depend on knowledge, and a degree of equality) is not a friend, but an enemy, and should not be trusted."
"Breviaries and catechisms of government as heretofore of the church, should be learned at school, lectures and orations occasionally delivered, and every public institution should be so constituted as to inculcate the importance of self government, and the means best calculated to preserve it—hence the necessity of turning the whole current of fame and fortune into the channels of education, where they might do incalculable good, instead of continuing them in the factories of vice, where they do incalculable mischief. This would be to raise the fountain and not the fall—to prevent the disease is ever better than to cure it."
"Men have either erred beyond conception, or they have planned government most wickedly. All the powers of society were intended to be employed to correct vice and to guard against it, but they are directed by an inverted rule of nature to the reverse. We want a scholar or mechanic we place the youth to learn these arts and sciences, and they are seldom missed. If all society was desired to learn one trade, all its youths should be put to that trade; yet the science of virtue, of morality, which is learned but by a few, is expected to be practiced by all, and the very wealth and honors which are employed to correct vice, serves only as a temptation to increase it, and as a reward for the greatest profligacy. Whereas it had been employed at the other end—and there had been shown to every youth the true value of virtue and injury of vice; and placed all the rewards ahead of true virtue, and not the pretended virtues of the warrior, the statesman, the judge, and lawyer, the effects are not only uncalculable, but inconceivable!"
"Reader, consider the links of vice in which most youths are brought up—the examples of the lives of the great men of the earth, and then say what ought government, the great parent, to expect? A wise parent will teach his youth what he wishes him to follow through life. So likewise will a wise government. For as the several parents will not all be wise nor attend to their youth, those neglected are a drawback upon those instructed. It is government only that can enforce uniformity and instruction, nor can it be better employed. And the state which like Sparta first lays her security in the instructions of her youth, will not only first provide for the security of her liberty and happiness, but will in future ages receive the applause of mankind. And the man who shall produce the best practical plan of public education will merit of posterity at least a monument in memory of a grateful world."
DIogenes."
Advertisement.
To be sold at public auction, on Friday the first day of August next, at the dwelling house of the late Andrew Donald, dec'd, all his STOCK, consisting of a number of likely HORSES, CATTLE, SHEEP, GOATS, and HOGS—two Sets of Black Smith's Tools—a large quantity of Corn, Oats, Rye, Wheat, and Bacon—all the Plantation Utensils, a mogg which are a Waggon and Ox Cart,—also a variety of Merchandize which remained on hand at the death of the Testator. The sale will continue from day to day until all are sold. Purchasers below the sum of ten dollars must pay cash—above, give bond with approved security, payable in twelve months, to carry interest from the date, if not punctually discharged.
THE EXECUTORS. P. S. At or previous to the above sale, proposals will be received for renting the Plantation of the said Andrew Donald, dec'd, which can be conveniently laid out in three valuable Farms, with every convenience necessary for the Tenants,—Long leases will be preferred.
GUARDIANS. July 12, 1806. 1w
NOTICE.
A PETITION will be presented to the next General Assembly of Virginia praying the establishment of a FERRY across James River, from the lands of James Waugh, in Amherst County, to the lands of Tamberlane W. W. Davis, in Bedford County. JAMES WAUGH. July 19, 1806. 3w
LYNCHBURG. THURSDAY JULY 24, 1806.
Through the medium of the Post-Office on Saturday last, we received for publication, an anonymous communication, bearing the Cabelsburg post mark, addressed to Mr. S— I C— II, signed a "Citizen of Amherst."
"Tis fraught with malignity.—It is inadmissible. The writer's brain must be touched, and if he have a heart, we question whether it be in the right place. He raves of "the nation" and "component part" and a "free people" and "liberty" and "human life" and "guardian" and "patriotism" and "Codrus" and "virtue" and "ascendancy" and "magnanimous independence" and "governments" and "will of the majority" and "professions" and "promotion" and "Judas" and "twenty pieces of silver" and "3 or 4 Sirs" and "loitering" and "honors" and "seeds of virtue" and "tendernefs" and "sordid avarice" and "pollution" and "the Trees and the Fruits" and then comes on dashingly with the "Division of Amherst" with just about as much consistency as at first—totally devoid of either argument or decency.—This man's gall distillery must have been in full flow—but we solemnly protest against being the outlet of any distempered fellow's ill humour. No, no: we resign such to the faculty."
Yet, as this correspondent manifests a dash of waywardness in his manner, we take the liberty of interdicting most solemnly and formally the use of either pen, ink, or paper, during the Dog Days; and of recommending at least a bushel of Glauber's Salts, and a hoghead or two of water gruel, to be used discreetly—pro re nata. Sunshine and cold iron also, are to be scrupulously observed—that is as much as to say, the patient is to keep in the shade, & keep his blood. We will not insist pertinaciously on having his head shaved—be that left to his own discretion, & to the intellectual profundity of his physician in ordinary. Be he however smeared over forthwith & carefully with the blood of the Centaur Nessus, or in default of that, with Cantharidian plaster—thick! thick!
But to be serious—The Division of Amherst County cannot be justly, or reasonably, connected with the opinions or conduct of any individual, in a private or domestic capacity, nor in the discussion of this question, as far as we are concerned, shall the feelings or opinions of any private gentleman be wounded or molested. This paper shall be open for the promulgation of Essays, as well against, as for the Division, provided they be written with decency, reason, and temper."
In our opinion, Justice and the happiness, and tranquility of the people of Amherst, demand the division—hence we ardently will it.—But we wish it only on honorable, just, and reasonable terms—Foul methods are disclaimed.
It is somewhat extraordinary that we should be troubled, at this time, with the article before us, more especially after the repeated declaration, that nothing of a similar tendency should ever find a place in the Star.
Admissible communications must have for their object, individual or public good. Nor private nor dark vengeance shall ever pass this way.—We must, in all cases, be made acquainted with the authors.—Through this medium, no man shall throw the javelin, without showing the hand.
The Governor of Georgia in his Message to both Houses of the Legislature, states, that 3,250,990 acres of land lying in the fork of the O'Conee and Ocmulgee Rivers, have been acquired by convention, from the Creek Indians. The money arising from the sale of these lands he wishes a, appropriated to the payment of the state debts, which he very properly denominates "immoral and unjust"—and the surplus to be applied towards building a Penitentiary—improving the navigation of the water courses—providing arms for defence—and aiding the funds for the education of youth.
Arrivals at New-York under date 8th inst. state, that the disputes between England and Prussia were amicably settled—that a general peace was expected—and that in consequence, flour, wheat, and lumber had fallen considerably in price.—This requires confirmation.
Edward Carrington, Esq. has been appointed, by the President of the U. S. Consul at Canton.
Mr. John B. Dabney, American Consul at the Azores or Western Isles.
The following is a confirmation of the justice of our remarks relative to the propriety of taxing Shew-men.—Be justice, however, done to merit: we candidly acknowledge that the Shaver is destitute neither of taste, genius, or invention.
BOSTON, July 3.—Last week, a bear, which had been shaved, head and body, and taught to stand on his hind legs, was exhibited as a non-descript, shipped from the East-Indies!!! On the detection of the imposture, the mobility revealed poor Bruin, who endeavoured to make his escape on all fours, but was "hulted" about for the offence of his master.
The bear which was exhibited in this town last week, as an extraordinary animal from the East-Indies, we understand was purchased at New-York. The owner there shaved, dressed, and disciplined him, and gave him the name of "Pouli-can." He was shown in that city for two or three weeks, and had crowded company every day. At length the imposture was discovered, and the Mayor obliged the master and his pupil to quit the city.
Severe Storms have occurred on the Mississippi.—General O'Hara has lost 4 boats with their cargoes—Other losses are mentioned.
In the years 1803 and 1804—4,857, 300 dollars have been imported into China, by American Vessels.
In the British House of Commons on the first of May, the Attorney General moved the third reading of the Bill prohibiting the importation of Slaves into the U. S. and neutral Islands in British vessels.
Mind this.—"On the 3d inst. the Stone Church at Port Tobacco, was blown down—hundreds of large trees were levelled with the earth, and some houses utterly destroyed. A Canoe, with a man fishing was taken up out of the water and carried upwards of an hundred yards without hurting the man, to the plantation of a gentleman.—Several hundred were injured." Wasp. Fed.
Report states that Spain had exchanged the two Floridas, for Parma and Piacentia, (Duchies in Italy) with the French, and that the French were about to sell the Floridas to the U. S.
The British have concluded a treaty with the Mahratta Powers, which gives a general peace to India.
MUNGO PARK. This enterprising and indefatigable Traveller, whose researches in the interior of Africa are so well known, was last year murdered by the King of Sego. This monster, after introducing Mr. Park through every part of his city, which is walled, and considered the largest in all Africa, and shewing him every curiosity which it afforded, brutally and cruelly murdered him and his few attendants, the wretched remains of sickness and fatigue.
A Massachusetts paper states, that a Mr. or Dr. Bowen, a Clergyman, of Middleborough, who has uniformly sustained a respectable character, lately hung himself.—A report originated in a female circle, that the Doctor had, on a certain time, been seen in bed with a maid of a certain family. Such was his sensibility, and such its influence, that he was driven to this desperate act.—Now, be the report true or false, we think his Reverence was very much to blame: for of all acts, this should be the last for which a man, especially a Clergyman, ought to hang himself.
Dr. Ewell, of the U. S. Navy Yard, Washington, is about to abridge Bell's Surgery, and will introduce in the Appendix, such improvements in that Art, as have been made or discovered by American Surgeons.
Bonaparte is about to manufacture his Brother Louis into a King for the Dutch.—These dull fellows do not manifest proper gratitude for the favour which is destined for them.
A Treaty of Alliance is said to be in considerable forwardness between Denmark, Sweden, Russia, and England.
Governor Claiborne's negative lately to two or three Bills passed by the Legislature of New-Orleans, has greatly irritated that body. Their unanimous adjournment until the first week in February next, and the terms in which it is couched, are fully expressive of their disgust.
SKETCHES OF THE HISTORY OF FRANCE, FROM THE EARLIEST HISTORICAL ACCOUNTS, TO THE PRESENT TIME 1806, WITH SOME REMARKS CONCERNING THE LIFE AND ATCHIEVEMENTS OF NAPOLEON BONAPARTE, NOW EMPEROR OF FRANCE. Part II.
The 3d and 4th chapters of the ad part of this interesting work we find blended.—Bonaparte's return from Egypt is thus noticed.
"On his arrival at Paris, he was courted by all parties, and invited by the directory to a grand festival, during which it was found impossible to veil, either under politeness or dissimulation, that jealousy and discontent which now began to prevail between him and the members of the government."
"War raged at this time between the French and Austrians. The former had lost almost all Italy—had experienced reverses fully equal to their former victories, and were no less unfortunate on the Rhine. The directory, although thus unfortunate, mediated the destruction of Bonaparte, and for that purpose had resolved to have him arrested and confined. In this perilous situation, there was no alternative for Bonaparte between his own destruction, and the dissolution of the power of his enemies. There was not even time for deliberation. He was compelled to choose between a palace and a dungeon—a throne and a scaffold—a diadem and death."
The secret springs by which the conduct of Bonaparte was regulated, are not known. It is, however, certain, that he was invited to it, by many of the most distinguished politicians and generals; and it is also well known, that the celebrated general Moreau, who was then at Paris, not only countenanced, but assisted him in this daring project. Bonaparte acted upon this occasion with his usual promptitude and intrepidity. He entered the hall of the council of five hundred, with a party of soldiers, and expelled the members by military force. One of the members attempted to assassinate him, but was prevented by the interposition of a grenadier. The members of the directory were immediately arrested. A new government was organized, consisting of

persons who were respectable and distinguished for their talents. A new constitution was soon published, in which, the executive power, both civil and military, was vested in the hands of Bonaparte, under the title of First Consul."
His spirit and temper on being appointed first consul are sufficiently apparent from the following.
"Bonaparte being created first consul, and having published a constitution, determined to make overtures for peace. Having addressed himself with his delegates to the court of Vienna, he next determined to sound the intentions of Great Britain. Talleyrand, formerly bishop of Autun, and now secretary of foreign affairs, accordingly transmitted a dispatch to Lord Grenville, who occupied a similar situation in England with a request that it might be delivered into his majesty's own hands. The dispatch is as follows:
"Called, by the wishes of the nation, (says the consul) to occupy the first magistracy, of the republic, I deem it proper, on entering upon my office, to communicate the intelligence to your majesty. Shall the war which has already ravaged the four quarters of the globe, during eight years be eternal? And can no means be taken to extinguish it? Why should the two most enlightened nations of Europe, whose power and independence are sufficiently ascertained, sacrifice to vain ideas of grandeur, the advantages resulting from commerce, internal prosperity, and the happiness of families? Why do they not consider, peace as constituting the first want, as well as the first glory of the people?"
"These sentiments, (added he,) cannot be strangers to the heart of a king, who governs a free people, with the sole view of rendering them happy. In this exertion your majesty will only perceive my sincere desire to contribute effectually for the second time to a general pacification, by a prompt and confidential communication, disengaged from those forms, necessary perhaps to disguise the dependence of feeble states, but only be traying in powerful ones, the mutual desires of deceiving each other."
"France and England, by the abuse of their respective resources, might still, for a long time, continue to contest, involving the misery of other countries; but I dare venture to assert, that the fate of all civilized nations, is connected with the conclusion of a war which has set the whole world in commotion."
Personal bravery is not a more essential quality in a distinguished commander, than more conducive to the achievement of grand exploits than oratory and the power of exciting and sustaining that enthusiastic ardor and fire which rouse and impel men fearlessly to breach and brave the most desperate and hopeless enterprises. This Magic general ever possessed in a more eminent degree than Bonaparte. He thus addresses the volunteers at their rendezvous at Dijon.
"You are desirous of peace, and your government desires it with all greater ardor. Its most earnest wishes, its constant solicitude is for that and that alone. But the English ministry, eager to debate France to the rank of a secondary power, and anxious to keep all the continental states at variance, in purpose to seize on their spoils, still reject the idea. The government, however, which was not afraid to offer, and even solicit this blessing, is well aware that it belongs to you to command it; and to command it, money, steel and soldiers are necessary."
"Let all, therefore, be eager to participate in the common defence. Let the young men to arms: It is no longer for the support of a faction. It is no longer for the choice of a tyrant, that they are called upon to take the field; it is for the safety of all that is dear to them; it is for the sacred intercourse of humanity, for the purport of liberty and honor to France."
"Already have the armies assumed that imposing attitude, which is the constant prelude of victory; and if some powers are still desirous of trying the fortune of war, the First Consul, who has already promised peace, is about to conquer it, at the head of those warriors, whom he has conducted, more than once, to victory. But in the heat of battle, he will still invoke the object of his wishes; and in the mean time he solemnly engages to contend alone for the repose of France, and the happiness of the world."
EPIGRAM. Women were born, it fate declares, To smoke our linen and our cares; And 'tis but just, for by my troth, They're very apt to ruffle both.
Gallberry in his Travels in Africa, gives the following representation of the nature and condition of the Negro:
"All the wants of the negro, and all his pleasures, are satisfied without costing him the least trouble either in mind or body: his soul scarcely ever quits its peaceable indolence; alarms, uneasiness, and violent passions, are almost entirely unknown to him; in consequence of his fatalism, he neither hopes for, nor fears any event, and submits to every thing without a murmur; in short his life passes in calmness and voluptuous ease; which constitutes his supreme happiness; hence the negro may be reckoned amongst the most favoured people of Nature."
"Such is part of the picture of the happy situation in which the negro exists on his maternal soil. His mind being almost always tranquil and satisfied, is inaccessible to jealousy, that fatal poison which afflicts only rich, en-
lightened, ambitious and vain glorious societies. Those men who come nearest to simple nature, are exempt from the fatal effects of this venom, which causes greater disorders and crimes than can well be imagined."
"Like children, the blacks of a mature age devote their attention for a whole day together to suit occupations, and in conversations, which to us would appear only gossiping, but which, on that account, are inexhaustible: with such conversation these people incessantly amuse themselves, with a confidence and gaiety, of which our European societies scarcely afford an example."
"In all the countries which I visited, I saw those assemblies, that the Africans call palavers, or palabres, which were formed at sun-rise, and consisted of between thirty and forty blacks of all ages; they assembled either in a large hall, which they call the bentaba, or beneath the leafy branches of some large and beautiful tree in the village."
"They range themselves in a circle, and the oldest in the company begins the conversation, by reciting the little events of the preceding evening; but these become important, by the applications, reflections, and remembrances, to which they give rise."
"Soon afterwards the pipe makes its appearance; for the custom of smoking is double the general among all mankind: all these talkers smoke, not excepting the youngest of the company, and the rattling succeeds better on this account. The fumes of the tobacco enliven their brains, and increase their pleasure, as those of our delicate wine used formerly to excite an amiable cheerfulness at our meals, when the charm, was still further heightened by the sweets of friendship and urbanity."
"Gaming arrives in its turn, and two of the most clever in the company are chosen to play against each other; the general interest is divided between these two champions, but without jealousy, ill-nature, or the least dissention."
"There is a kind of game, to which I have often seen them give preference. It borders a little upon chess, and contains a degree of complexity which renders it difficult to be acquired. The ground, or the board, serves for the chess board; for this purpose they prepare a small square surface, in which they plant, with a certain degree of order, some bits of wood or straw. It is on the clever dispatching or removal of these strips, that the issue of the game depends."
"The time employed in the pleasure of talking, smoking, and gaming, is so seductive and attracting, that they cannot prevail on themselves to separate till dinner time, and many would sooner lose their meals than abandon their amusement; but the women, who are always kind, attentive, and complaisant, do not forget their fathers, husbands, or brothers, but bring them kouffou, or rice, to which they almost always add some dainty bit."
"In this manner they pass the whole day and towards evening, I often observed these coteries in the same place, and conducted with the same gaiety and spirit, the conversation being as animated as if it had just begun."
"At length night puts an end to these palavers, and the company devote themselves to dancing, which during the dry season is performed in the open air, and in rainy weather under the bentaba. The negroes are particularly fond of this amusement, and it is a fact that for half the night, throughout the year, all the inhabitants of Africa are engaged in dancing."
"A thatched hut; the building of which costs nothing, some oil of common linen, and six pounds of millet, or rice, every day, are sufficient for lodging, feeding, and clothing a family, consisting of a father, mother and four or five children. The negro collects himself the materials necessary for the construction of his house, and he is his own builder. The women procure the cotton, and manufacture their clothes; twenty days labor per year, are sufficient to ensure an abundant supply of food, so that the existence of a negro family may be said to be a gratuitous gift of nature, granted without expense or fatigue; hence cohabitation is scarcely known in Africa; indeed it is so rare, that it attaches a sort of shame to those who adopt it."
"It ought to be understood, that in the general situation of the negroes on their natural soil, their life passes without labor, chagrin or even care. Being always abandoned to a gentle apathy, exempt from the troubles and agitations which afflict Europeans; and their character being sober and moderate, the life of the negroes of Africa, upon an average, extends from sixty five to seventy years, experiencing only an insensible alteration in their health and strength; an alteration which is particularly attributable to a perpetual and too abundant transpiration; and when death arrives, they meet the grim tyrant without the least murmur."
and with a perfect submission to their inevitable fate. They always submit, without complaint, to that fatality, which according to them, determines the events of life and death; and they support the latter without alarm or indeed with perfect tranquility."
From the Baltimore Evening Post.
MR. NILES.
The following, though not founded upon an original idea, may afford some amusement fitted for this sultry season.
DIARY OF A SHOPKEEPER.
Market-Street, Baltimore. June 20, 1806.
Rose at 6 o'clock and opened my Shop—Four ladies who had been taking a morning walk, stepped in, asked for an hundred things, tumbled fifty, and would call again.
From 6 to 7 o'clock little else done than as before mentioned—Nobody called but two ladies and one gentleman—one of the ladies purchased a fan and looked slyly at me through the sticks.—couldn't understand her. The other laid off a gown, but had forgotten her purse, and would call again—N. B. The gentleman bought a pair of white gloves; the nut brown colour of his hands required something to prevent them from being tanned by the sun.
From 7 to 8, Shop full of people—counters full of goods, and made some sales. Bothered all the time by an old woman about a pocket handkerchief—the price I asked was a quarter of a dollar, she wanted it for three five penny bits, and went off without getting it—Hope she may not call again, for in attending to her, I had a piece of lace carried off by one of the ladies, in taking up her handkerchief, I suppose, worth 20 dollars. Bad business.
From 8 to 9 o'clock, busy in eating breakfast and trying to borrow money—have a heavy note to lift—money confounded scarce, every body keeping it up to pay the first instalment of the Mechanic's Bank—Didn't get any. At 9 the old woman came back and offered 30 cent for the handkerchief—I gave it to her and after all made 7 1/2 cents by it.
From 9 to 10 felt plaguy ugly about money—Shop full of people—some business done. One young lady observed it was a great pity I was married—begin to think to myself—don't like to be scolded. What a charming wife that young lady would make!—She thinks I am very handsome, and so I am. They sometimes call me the handsome Shopkeeper in Market-Street.
From 10 to 11 out again after money—in my road met the Miss who said, 'I was a pity I was married, made her a very low bow and stumbles against an old woman's ginger-bread stall—old woman swore, young lady laughed, & I felt devilish queer—Won't bow so low again.
From 11 to 12 several coaches stopped at the door—waited on them cap in hand—not work this season of the year—the ladies wished to see an hundred things—I sold to five coaches full of people, one quarter of a yard of fine gauze, two yards of lace, ten 0' white ribbon, and a paper of pins. A buck came in the store and bought a pair of striped stockings, swearing he would have them ripped open to make him a couple of jacks—buck are queer fellows now a-days.—A plain farmer and his wife entered—they wanted a number of articles, with which, as I always sell cheap, they were soon supplied—they left me in about fifteen minutes, after paying me 35 dollars—like to deal with such people.—N. B.—The farmer had his daughter with him, a confounded pretty, plumb little girl—she's going to be married, 'cause when I served her in the face, she blushed—Baltimore ladies don't do so—they understand trap better.
From 12 to 1, bothered about money—luckily got what I wanted till tomorrow. Mrs.—an her two beautiful daughters called in their coach—would not suffer me to show them a piece in the street—said that was too much trouble—they would come in the shop and look about for themselves—they bought a number of things and left me, thanking me for my politeness—sweet creatures—should like either of the young ladies for a wife, if mine was only dead—the youngest seemed to look kind at me. I wonder if she would be comfortable?
From 1 to 2, nothing doing. Three or four call again people called.
From 2 to 3, sold one ounce of thread and 100 best white chapel needles.
From 3 to 4, some business doing. The girl called who had laid off a gown in the morning, but having forgotten her purse, laid the night as well take it with her—she lived at N. C. —and if I would call there I might have my money any time. I told her I was married, and she said 'I was a pity—so it is, but I can't help it now. Let her have the gown, because I just wanted to see how she lived.
At 4 o'clock went out to take a walk—fell in with some of my acquaintance, and agreed to drink a bottle of wine, which I paid for, my friends having forgotten to put any money in their pockets—did not return to the store until 7 o'clock.
From 7 to 8 o'clock, employed in damaging the hot weather and examining the accounts of the day's business. The following appears to be the result: I received 102 dollars and 19 cents, of which I suppose I have profit about 15 dollars. From this, deduct—lace stolen, 20 dollars—house rent and family expenses, at least 6 dollars—clerk hire, 2 dollars and 50 cents—bottle of wine, 1 dollar and 50 cents; and there remains a clear loss only of 15 dollars, exclusive of discounts paid. Many a man has done a worse business than myself this day—that's some comfort.
N. B. Must go home and get my tea, and then go to see the pretty girl who bought the gown of me.
Deaths.
Departed this transitory life on Sunday the 20th inst. after a short but pious illness, the Reverend JAMES TOMPKINS of this place, whose death is universally and sincerely lamented; and on the day following, his remains were deposited in the Lynchburg new burying ground, attended by all his scholars in Crap, and by the largest concourse of citizens, of both sexes, ever before witnessed here.
It is no common concern that is manifested for the loss of this good man. The sympathy is earnest, and as just, as it is universal—for he was unassuming, communicative, pious, liberal, and intelligent.
Mr. Tompkins was about founding an Academy, and under the most propitious auspices. Public usefulness and private emolument must have been the result: for he was distinguished for method and perseverance, and he was a favourite with the people. But alas! how precarious and unstable are all human plans, and expectations!—A disconsolate widow, and eight young and helpless children, are now left to deplore the sudden and irreparable loss of the kindest, and most indulgent guide, guardian, and protector.
DIED, much lamented, on Thursday the 10th inst. in the 231 year of her age, Mrs. ANN CLAY, the Confort of the Hon. MATTHEW CLAY, of Pennsylvania.
Benjamin Essex
OFFERS his thanks to his friends and the publick, for the encouragement he has met with in his (TAYLOR'S) Business, since his commencement at this place. He still continues to carry it on in all its different branches, as mentioned in a former advertisement.—has a late and sufficient supply of Journeymen for the season, to execute his work in the best manner, and on the shortest notice. He hopes still to obtain the public patronage.
Mrs. Ann Essex
MILLINER & MANTUA-MAKER, JUST FROM FREDERICKSBURG.
ALSO solicits the attention of a generous publick.—She makes Fashionable Dresses, plain or trimmed.
Head-Dresses and Caps, of different descriptions.
Bonnets, trimmed, or plain. Fashionable Cloath & Satin Cloaks. Dimity and Satin Spencers, Ditto.
Having been long in the practice of the above Branches of Business, with the general approbation of her sex in, and extensively around the Town of Fredericksburg, she hopes to give general satisfaction to the whole of this Town and its Vicinity, who may favour her with their custom.
N. B. Orders from the Country will always be punctually attended to. Merchants who speculate on a piece in her line, may be supplied on a short notice.
BAND BOXES made in the best manner for sale. Lynchburg, July 21, 1806.
NOTICE
THE COPARTNERSHIP of FRANKLIN & BALLINGER, being by mutual consent dissolved, those who are indebted to them are desired to make payment as soon as possible, to James Franklin, (or above whom he may appoint) in whole or in part, from the Books of said Copartners are left, and who will pay all just claims against them. Given under our hands this 10th July, 1806.
James Franklin. Joel Franklin. James Ballinger. 21.
Valuable Property to Rent.
THE subscriber will rent for one or more years, the plantation on which he resides, or such a part thereof as would be conveniently divided into two distinct farms of upwards of one Hundred Acres of cleared land, well enclosed, with a sufficient portion ready to go in wheat this fall—and a handsome meadow attached to each. This plantation is on the waters of James River, within eight miles of two manufacturing mills, 15 miles distant from Lynchburg.—The man that is a real farmer, an advantageous lease will be given, with the liberty of feeding wheat in good time. In the event of the Plantation being leased, will be sold a valuable Stock of Horses, Cattle, Hogs, and Sheep—Plantation Utensils, &c and eight or ten good labourers hired either with or without the Plantation. The Tenant can be furnished with the necessary seed wheat and provision articles for the ensuing year. An entire sale of the whole estate would be preferred—long credit may be had on giving sufficient security for the regular payment of the interest, and the ultimate payment of the principal.
Jno. M. WALKER. Campbell County July 15, 1806.
ADVERTISEMENT.
I WILL proceed on the 15th day of August next, at the house of John Burford, Esq. in Amherst County, to sell sundry personal property, conveyed to me in Trust by Archibald Burford, to secure the payment of 80 dollars, with interest and the costs of sale &c. to said John Burford—the sale will be for cash and will begin precisely at 10 o'clock.
PHILIP BURFORD. June 8, 1806.
NOTICE.
TO be rented (or application) for several years, my TAVERN in New London, with a number of improved Lots, and with or without the Farms adjoining thereto. The Farms would work several hands.—There may also be added, a Meadow within a mile of the Tavern, sufficient to supply the necessary quantity of hay, with land under cultivation, and tolerable fences, to produce a considerable quantity of grain.
ALSO TO be rented, in the same manner, my TAVERN at Franklin Court House, from which have been made, by Itham Ball, one thousand dollars clear profit, in one year. Profit will be given, of each place, on the first day of November next. JAMES CALLAWAY. July, 1806.
BY virtue of a Deed of Trust bearing date the 21st day of March 1805, will be sold for ready money, at Amherst Court-house, on the 22nd day of August next, one Negro man named Will, which said Deed of Trust was executed to me as trustee by John Owen, in order to secure the payment of the sum of one hundred and fifty-two pounds due George Loving and Henry Smith—the said negro is a good Carpenter, and there is no dispute in the title. JOHN THOMPSON, Trustee.
Notice.
I hereby given to all persons having demands against the estate of Nathaniel Tate, dec'd, to meet the subscriber at Col. Edmund Tate's, on Wednesday the 1st of August next, in order to produce their respective claims for settlement. Those indebted to said estate are requested to come forward and make immediate payment as I am determined to take decisive measures to get the business properly settled. Nathaniel Davis, Admr. August 17 1806.
HYMNS.
Just published and for sale at the Star Office, (Price, Twenty Five Cents,) A choice selection of Hymns:
This first part, contains the newest and most admired Spiritual Songs, practiced with such beneficial effects, during the late Camp, and other Meetings, in the counties of Amherst, and Bedford, and in the vicinity of Lynchburg.
GAMUTS Also For Sale at this Office.

A LIST OF LETTERS, Remaining in the Post Office at Lynchburg on the 1st day of July, 1806, which if not taken out by the 30th September, will be returned to the General Post Office.
A. Ann Alexander Austin, Archibald Alexander.
B. William B. Banks 2, Samuel Burks, J. Wm. Bradley, Elijah Bocock, John Burch, Joyce Billops, Elizabeth Baggsby, William Burd, G. & C. Barkdale, Nathaniel D. Burks, Wm. Barber,
C. Mrs. Elizabeth Childers, Living Conbs, Rawleigh Chilton, Dudley Callaway, John Callaway, Betsey Camin, George Cooper, Adam Clement, Wrenny Crews, John Clark, C. Clay, John Campbell, John Clayton, John Carter.
D. Wm. Davis senr. Wm. Davenport, James Davis, Charles Davis, Thomas Dixon 2, William Dickson.
E. Benjamin Estes, Joel Estes.
F. Wm. Frith, Samuel Fleming 2, Thomas Franklin, Christopher Fletcher.
G. John Guy, Margaret Gwarkin, Susannah Gulliland.
H. Thomas Higginbotham, William Helm, James Holley, Jack D. Harvey, John Helm, Benjamin Hobton, James Hines, William Johnson, Simon Johnson, Inspectors at Martin's Ware House, Inspectors at Spring W. House, Inspectors at Lynch's W. House.
K. Sackville King, Elizabeth King.
L. John C. Lynch, Edward Lynch, John Lynch.
M. Robert or James McCaffery, George M'Lenn, Wm. Peters Martin, Oliver M'Reynolds, Frances Mill, Benjamin Morris, George M'Alister, Vernon M'caskie 3, Prudum Moore, Andrew Moorman, Rice & Martin.
N. William Norvell.
O. Tolliver Owens.
P. Charles Palmer, Sarah B. M. F. Patrick, Thomas Powell, Edward Price, Samuel Price, Joshua Pierce, William Penrock, John Pointer, Daniel B. Parrow, Cornelius Tate, Reuben Pendleton, Samuel Pannell, Joseph Perkins jun. Betsey Proffer, Commandant of the 53d Regiment of Militia.
R. John Rutherford, Ambrose Rucker, Henry Reavis, George Reveley, John Rarickin, Ann E. Ramsey, John Richardson, Gideon Rucker.
S. Samuel Schoelfeld, Benjamin Shackleford, Joseph Shrewsbury, William Strother, Barkdale Snyder, John Stith, Joseph Scott.
T. John M. Tilford, Edmund Tate, Robert Trower, Charles Terrell, Micajah Terrell jun. John Thompson 2, Elizabeth Tullock, George C. Thompson, Roderick Taliaferro, John Tate, Thomas Tinsley, Mrs. Walter Uquhart.
W. Elias Wills, M. Whitefides, E. Watson, John Ward, Benjamin Watts, Thomas West, Jacob White, Hon. Edmund Winston, John Wilson, Benjamin Watkins, Woodson Wren JOSIAH LEAKE, P.M.
DEED OF TRUST from Henry Millirous to John Ward, bearing date the 20th day of January, 1806. A tract or parcel of LAND lying and being in the county of Bedford on M c Daniel creek, whereon the said Henry Millirous now lives, containing one hundred and fifty acres be the same more or less.
A Copy, Teste, J. STEPTOE, C. B. C.
Notice,
COMMITTED to the jail of Henry County, a NEGRO WOMAN as a runaway, who lays her name is LUCY, and that she is the property of Robert Coleman of the county of Buckingham; a tall woman, and says she is about fifty years of age—The owner is desired to pay charges and take her away.
GEORGE HAIRSTON, Sheriff. July 10, 1806.
IN obedience to a decree of the Court of Amherst County to us directed; on Friday the 8th day of August 1806, at the House of Thompson Noell in New Glasgow, we the subscribers, commissioners therein appointed, will proceed to sell by way of public auction, to the highest bidder, for the best price that can be had in ready money, the lands and premises in said decree mentioned, containing one hundred and sixty-seven acres, lying on the waters of Piney river in said County, held at present by the legatees of Geo: Campbell, dec'd, as the representatives of Thomas Crawley.
David S. Garland. Joel Franklin. John B. Ross. James Woods. } Commrs.
Notice,
I hereby give, that on the 12th day of January in the year of our Lord 1807, will be exposed to public sale on the several premises, in Bedford County, the following Lands, Mills, and Slaves, to wit: one tract of
LAND
about two hundred and twenty-three acres, purchased by Joseph Nichols from L. Woodward.—Also, one hundred acres of
LAND
lying near the Ivy Mills; conveyed by Jos. Poindexter of said county to Joseph Nichols by Deed bearing date 23d July, 1803, an also on the same day on the premises, will be exposed to like sale the Ivy Mills and one acre of LAND, on which the same are built, in said county, by said Poindexter to said Nichols by Deed bearing date the day and year last aforesaid, also on the same day at the said Ivy Mills will be exposed to like sale the following Slaves, to wit: CESAR, ISAAC, CLARY, JUDE, MILLY, and RACHEL, the property of Joseph Nichols, and by him conveyed to the subscriber by Deed bearing date the 23d day of July, 1803, to secure the payment of sundry bonds executed to said Joseph Poindexter, as the same shall become due and payable and more particularly described in said Deed, or so much of the same as shall be necessary to raise the sum of three hundred pounds, with interest and the costs of sale, &c. The sale to begin at 10 o'clock, at the Ivy Mills, and to continue according to the provisions of said Deed, until so much of said lands and slaves shall be sold as shall amount to the monies aforesaid.
THOMAS WIATT, Trustee. July 10, 1806. 6m.
WILL be exposed to sale before the Tavern door of Thompson Noell in the town of New Glasgow on Saturday the 2d. day of August, for ready money, one NEGRO MAN named SQUIRE, the property of William Smith at the County of Amherst, in pursuance of a deed of Trust executed to the subscriber by said Smith, for the purpose of securing a debt due James Floyd.
William Armistead, Trustee. June 27, 1806. tdf
VIRGINIA Sc.
At a Court held for Bedford County at the Court-house the 26th day of May, 1806.
Matthew Hall, Compt. } IN CHANCERY. AGAINST Magdalena Hall, widow and relict of John Hall, dec'd. John Hall, William Hall, Hezekiah Hall, Eliza H. Hall, Shadrach Brown, and Tabitha Hall, Benjamin Musgrove, and Keziah his wife, late Keziah Hall, and Jesse Hall, John Hall and Joel Hall—infant children of Jesse Hall, dec'd. heirs, coparceners and representatives of said John Hall dec'd. Dits.
THE defendants John Hall and William Hall not having entered their appearance, and given security according to the 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 country: On the motion of the complainant by his counsel, it is ordered, that the said defendants do appear here on the fourth Monday in August next, and answer the bill of the said complainant, and that a copy of this order be forthwith inserted in some one of the newspapers published in this commonwealth for two months successively, and posted up at the front door of the Court-house on two successive Court days.
A Copy,—Teste, JA: STEPTOE, C. B. C.
FOR SALE,
A Tract of
LAND,
CONTAINING One Hundred and Fifty Acres, lying on the main Road leading from Lynchburg to two public Ferries on Stanton river, in the county of Campbell, three miles from the Court house.—This place is considered to be an excellent stand for a Tavern or other public business.—The Land lies well, in a pleasant situation, and a considerable quantity of it good for Tobacco. There are eighteen acres cleared last winter and now under a good inclosure.—In case I do not sell privately prior to the first day of August next—on that day I will offer it at Public Sale on the premises.—One half Cash will be required, the balance in twelve months.—Otherwise I will Rent it for the term of Three years, together with Two likely NEGROES. ONE a Woman now in the prime of life, an excellent Cook and capable of any other sort of house business—the other a Boy sixteen years of age.—I will give liberty to clear such a quantity of Tobacco ground as shall be agreed on.—I shall shortly have necessary buildings for the convenience of a family, completed on the place.
Those in either case above mentioned, wishing to trade, are requested to apply to the proprietor refusing on the premises.
FRANCIS MILLER.
At a Court of Quarterly Session continued by adjournment and held for Amherst County at the Court house on Thursday the 22d day of May, 1806.
James Penn Executor of } IN Gabriel Penn dec'd. Cpts } Chancery. AGAINST M c Dowell surviving partner of Buchanan and M c Dowell. Dits.
THE defendant M c Dowell, not having entered his appearance and given security according to the 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 country; on the motion of the complainant by his counsel, it is ordered that the said defendant do appear here on the third Monday in September next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted in the Lynchburg Star for eight weeks successively, and posted at the front door of the Court house of this County on some Court day.
A Copy, Teste, Wm. S. CRAWFORD, C. A. C. C. VIRGINIA Sc. At a Court held for Bedford County at the Court house the 27th day of May, 1806.
Joshua Peazle, Compt. } IN John James, William Robertson, and John Gibson, Dits. } Chancery.
THE defendant John James not having entered his appearance and given security according to the 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 country: On the motion of the complainant by his attorney, it is ordered that he appear here on the fourth Monday in August next, and answer the complainant's bill, and that a copy of this order be inserted in some convenient news paper published in this state for two months successively, and posted up at the front door of the Court-house of our said county on two successive court days.
A Copy, Teste, J. STEPTOE, jun. D. C. B. C.
At a Court continued and held for Amherst County the 21st day of May 1806.
Thomas Johnson, Cpt. } IN John Lynch, sen. John Lynch, jr. Asa M c Lynch, Charles L. Terrell & Sarah his wife, Samuel Mitchell, sen. Samuel Mitchell, jr. Charles Mitchell, Edward Mitchell, and Charles Lynch, jr. Dits. } Chancery.
The defendant Charles Lynch, jr. not having entered his appearance and given security according to the 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 the said defendant do appear here on the first day of August Term next, and answer the bill of the complainant, and that a Copy of this order be forthwith inserted in the Lynchburg Star, for eight weeks successively, and posted up at the front door of the court house of this county on some court day.
A Copy,—Teste, S. GARLAND, D. C. A. C. C.
VIRGINIA.
At a Quarterly Court continued and held for Pittsylvania County the 20th day of May, 1806.
Robert Adams, Plff. } IN AGAINST Robert Devin surviving Executor of William Devin, dec'd, and Mary Biggers, William Devin, Robert Devin, Lucy Devin, Suckey Devin, Bryan M c Devon, Peggy Devin, John Devin, Sally Devin, & Elizabeth Devin, Heirs of Joseph Devin, dec'd, by Bryan W. Nowlin their guardian, Hugh Reynolds, John D. Reynolds, Sarah Reynolds, William Reynolds, Mary Reynolds, Elizabeth Reynolds, Joseph Reynolds, Robert Reynolds, and Margaret Reynolds, by Jos. Reynolds their guardian, James Devin, Alexander Devin, Itham Hubbard, Peter H. Stockton, Ralph Smith, Stella Smith, Camilla Smith, John Smith, and Samuel Smith, which said Ralph, Stella, Camilla, John and Samuel Smith are the children of Aggy Smith, formerly Aggy Stockton now dec'd. by John Smith their guardian, John P. Stockton, James Stuart and Elizabeth his wife formerly Eliz. Stockton, John Parish and Keziah his wife formerly Keziah Stockton, Edelle Stockton, Phebe Stockton, Jehu Stockton, Lemuel Stockton, Patsy Stockton, and Hiram Stockton, heirs of John Stockton dec'd. Dits.
THE defendants Alexander Devin, James Devin, Itham Hubbard, and Peter H. Stockton, not having entered their appearance and given security, according to the 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 State; on the motion of the plaintiff by his counsel, it is ordered that the said absent defendants do appear here on the third Monday in August next, and answer the plaintiff's Bill, and that a copy of this order be forthwith published in some one of the newspapers of this State for 8 weeks successively, and posted up at the front door of the Court house of this county on some court day.
A Copy, Teste, WILL. TUNSTALL, C. P. C.
At a Court held for Franklin County, at the Court House, the 6th day of May 1806.
Book Brower, Plff. } IN AGAINST Charles Crabaugh & Henry Brower Dits. } Chancery.
The defendants not having entered their appearance and given security according to the 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 Plaintiff by his counsel, it is ordered that the said defendants do appear here on the first Monday in September next, and answer the Plaintiff's Bill, and that a Copy of this order be forthwith inserted in some news paper published in this state, for eight weeks successively, and posted up at the front door of the Court-house of this county.
A Copy—Teste, CALEB TATE, D. C. For JAMES CALLAWAY, C. P. C.
At a Quarterly Session continued and held for Amherst County, at the Court house, on Wednesday the 21st day of May, 1806.
Parthenas Bryant, Cpt. } IN John M. Griffin and James Stevens jr. Dits. } Chancery.
The defendant John M. Griffin not having entered his appearance and given security according to the 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 country, on the motion of the complainant by his counsel, it is ordered that the said defendant do appear here on the third Monday in September next, and answer the bill of the complainant, and that a Copy of this order be forthwith inserted in the Lynchburg Star, for eight weeks successively, and posted at the front door of the court house of this county on some court day.
A Copy,—Teste, W. S. CRAWFORD, C. A. C. C.
Advertisement.
WILL be sold on the 11th day of August next the following property to wit: about two hundred and twenty-three acres of LAND, the property of Joseph Nicholls, lying in the lower end of Bedford County, on the premises. also one hundred acres of LAND, lying near the Ivy Mills in said county, also the said Ivy Mills and one acre of ground on which they are built, also the following SLAVES to wit: Cesar, Isaac, Clary, Jude, Milly, and Rachael, the property of said Nicholls, conveyed to me in Trust to secure the payment of several sums of money as by said Deed more fully appears—The sale of the last mentioned tract of land, will be on the premises, that of the Ivy Mills, and Slaves at the said Ivy Mills.
THOMAS WIATT, Trustee. June 10th, 1806. 8t
Memo. the sale of the above mentioned property has been postponed by consent of parties to the day above mentioned, when it will certainly be sold, unless the said Nicholls shall before that time pay the debt aforesaid.
Bedford May Court. 1806. John Ward Plff. } IN AGAINST Henry Millirous Dits. } Chancery.
IT appearing to the satisfaction of the Court that a Copy of the interlocutory decree heretofore made in this cause hath been served on the defendant, and he having failed to appear and file his answer according to the terms thereof: It is ordered and decreed that the bill be taken for confessed, and that the defendant be forever barred and foreclosed of all equity of redemption, or, in and to, the land and its appurtenances in the bill mentioned, and that Thomas Lestwich, John Clayton, William Anderson, Mark Anthony, and Samuel Smith, or any three of them be appointed commissioners to sell the land and premises for ready money, and convey the same having advertised the sale thereof for eight weeks successively in some convenient news paper—and out of the money arising therefrom satisfy and pay the complainant the sums of money in the bill mentioned, to wit: the sum fifty five pounds four shillings and ten pence; and thirty five pounds nine shillings and ten pence farthing with interest thereon from the 20th of January 1804 till paid, and the costs of recording the Deed of Trust executed by the Defendant, the costs attending the advertisement and sale, and the costs of this suit—and the residue if any to the defendant or his legal representatives—and make report to Court.
A Copy, Teste, J. STEPTOE, C. B. C.
BY virtue of a Deed of Trust executed to the subscriber by William Evans of the county of Amherst, for the purpose of securing the payment of a debt due to Brown Murphy & Co. for the sum of two hundred and thirteen pounds and four pence, with interest thereon from the first day of August 1804, and the expenses attending the execution of the trust.
WILL be sold to the highest bidder for ready money, on Saturday the 23d day of August next, at the dwelling house of the said William Evans in the county aforesaid, a tract of
LAND,
lying on both sides of little Piney river, containing by two surveys three hundred and fifty acres, and bounded by the lands of William Moore, Stephen Turner, and David Clarkson, also one NEGRO WOMAN named PEG, and her increase if any since the executing the Trust.
John Higginbotham, Trustee. Amherst, 11th July, 1806. tdf.
A Gold Watch Lost.
LOST on Thursday, the 11th of July, in the Town of Cartersville, an
ELEGANT GOLD WATCH, half capped and jewelled; horizontally constructed; Makers name, MAR. GETTS, London, No. 1. Gold chain, key, and Cornelian seal, set in gold. Whoever will deliver the said Watch, &c. to Mr. Samuel Irvine, of Lynchburg, or Mr. Edmund W. Rootes, of Richmond, or to the subscriber, in Amherst, shall receive thirty dollars reward.
ALEXANDER B. ROSE, September 23, 1805.