Norfolk gazette and publick ledger (Norfolk [Va.]), 1805-03-18 00:00:00

THE SUBSCRIBER HAS FOR SALE, 16 Pipes Spanish BRANDY—of superior quality, entitled to drawback.
Fine and Superior FLOUR—from the Richmond Inspection.
AND WISHES TO CHARTER, A good vessel of from 800 to 1200 barrels burthen.
EDWARD JOHNSTON, Gibson's Wharf.
March 15. 3 501
WANTED TO CHARTER, An American vessel of about 150 tons burthen, for Europe, for which a cargo is now ready. Apply to
MOSES MYERS.
March 13. tf 492
FOR BOURDEAUX, The staunch well built Ship
PATSEY, David G. Bowles, Master:—
Will be ready to receive her cargo in ten days. For freight or passage, apply to Messrs. Galigo, Richard & Co. Richmond; Ramaut, Cernon & Co. Petersburgh; or to
JAMES MAURICE & CO.
March 8. tf 478
FOR LIVERPOOL, The fine fast sailing ship
MOSES MYERS, Jessop Breck, Master:—
For freight apply to the master on board.
March 6. tf 471
FOR CHARTER, THE BRIG
WARREN, Solomon Dennison, Master:—
A new vessel, burthen 1500 barrels flour, and ready to receive a cargo. Apply to the master on board or to
WILLIAM PENNOCK.
March 4. tf 469
I WANT TO CHARTER, A BRITISH VESSEL,
of about 200 tons burthen, for Europe.
MOSES MYERS.
February 25. tf 453
NOW LANDING
From board the Ships Jno and Courtney, from Jamaica,
250 Hogsheads RUM.
For sale by
WILLIAM PENNOCK.
WHO OFFERS FOR CHARTER,
THE SHIPS
JANE, of 417 Tons.
JUNO, of 260 do.
COURTNEY, of 200 do.
All ready to receive cargoes.
January 21. tf 558
A vessel of about 150 to 200 tons burthen is wanted on Charter, for Jamaica.
JOHN GRANBERY.
February 18. tf 454
FOR CHARTER,
THE AMERICAN SCHOONER
THOMAS, Burthen 800 Barrels. In complete order to receive a cargo.
C. & F. WHITTLE.
February 13. tf 410
Landing from on board the Schooner Brave, Darius Fisher, Master, from St. Vincent, at Commerce-Street Wharf,
35 Puncheons RUM.
13 Hogsheads MOLASSES.
For sale by
PHINEHAS DANA & CO.
March 4. tf 468
200 Hogsheads Petersburg, } Tobacco.
56 do. Richmond, } For sale by
JOHN MACKENZIE & CO.
Warren's Wharf.
March 6. 1m 476
REMOVAL.
Donaldson, Thorburn, & Co.
Have removed to Holt's Wharf, where they will dispose of on moderate terms, by WHOLESALE only,
Jamaica, } RUM.
Antigua, } Windward Island, } London Particular and Brazil Madeira WINE.
London Particular and London Market Teneriffe do.
Holland GENEVA, and empty GIN CASES.
Apple BRANDY.
Linseed OIL, in Casks and Jugs.
Spirits of TURPENTINE.
Black VARNISH.
600 Barrels Dpt TURPENTINE.
Dutch Writing PAPER and QUILLS.
PORK, BEEF, SHIP BREAD, &c. &c.
BILLS ON LONDON, at 60 days sight.
March 6. 4w 474
THE SUBSCRIBER,
HAS FOR SALE, AT HIS BAKE-HOUSE,
No. 1, Commerce-Street.
400 Barrels Navy, } BREAD.
200 do. Ship, } 200 do. Pilot, } CRACKERS,
Of the first quality, in Barrels, Half Barrels, Quarter Barrels, and Kegs.
STEPHEN HARRIS.
February 1. tf 382
8 Barrels Pilot, } BREAD.
56 do. Navy, } 125 do. Ship, } 60 do. Superfine, } FLOUR.
40 do. Fine, } 40 do. X Midlings, } 160 do. CORN MEAL—For family use.
10 Hogsheads, } SUGAR.
7 Barrels, } For sale by
JAMES MAURICE & CO.
March 13. tf 487
WILL BE LANDED TOMORROW,
On Commerce-Street Wharf, and for sale by the Subscriber,
40 Hogsheads Choice SUGAR.
28 Puncheons Old Windward Island RUM
JAMES YOUNG.
March 13. 3 491
BRITISH CONSUL'S OFFICE,
Norfolk, Virginia, March 15, 1805.
As, notwithstanding the repeated notices heretofore given, many instances of neglect on the part of Masters of British vessels, entering this port, continue to occur; His Britannic Majesty's Consul, once more informs all persons concerned, "that it is the duty of all Masters of British Merchants, at, or soon after their arrival, to produce before him the Registers of their respective vessels, and to deposit with him, until they shall be ready to depart, their Mediterranean Passes, if any they have. The Consul further notifies that he shall return to the proper Department in England, the names of all Masters of British vessels, who shall fail to comply with the above regulation; and that, in cases of such failure, he shall conceive himself authorized to withhold from the Defaulters any Protection, Advice, or Assistance, for which they may have occasion to apply to him in his official capacity—and he requests of the Merchants to whom British Bottoms may come consigned, to inform the Masters thereof of the necessity of their conforming to the preceding rule," as he is determined not to take any official cognizance of such as may refuse, or neglect to comply therewith.
Office hours from eight in the morning, until two in the afternoon.
March 15. 5 502
At Private Sale—By the Subscriber,
ON MAXWELL'S WHARF,
30 Hhds. Muscovado SUGAR—of different quality.
30 do. Antigua, and W. I. RUM.
20 do. N. England do.
10 Pipes Particular Teneriffe WINE.
4 do. 4th proof French BRANDY.
1000 Salt SACKS.
8 Bales SACKING.
1500 Bushels St. Ubes SALT.
W. KNOX, Auctioneer.
March 15. 3 496
112 Barrels Burlington Prime Pork.
FOR SALE, BY
JOHN RORKE & CO.
March 15. 498
Just received from Philadelphia and New-York,
And for sale—for Cash,
A QUANTITY OF BEST
Suwarraw, & Fair Top Boots & Shoes.
ALEXANDER CLARK.
March 15. 3 499
Twenty Dollars Reward
WILL be paid to any person who will leave at the office of the Herald or of the Publick Ledger, a MEMORANDUM BOOK, with its CONTENTS—viz. Six twenty-dollar Norfolk notes, one note of the Charlestown Bank for forty dollars, and a number of other papers, which are of no use to any but their owner.
If any person who has found and will return this book, should demand a greater reward, it will be paid with pleasure, and no questions asked.
March 15. 5 500
SINGING SCHOOL.
THOSE Ladies and Gentlemen, who are, or mean to become, scholars or encouragers of the Singing School, to be taught by me, are respectfully informed, that, on next Saturday the quarter will commence. The place of meeting on that day, will be the Presbyterian Church, at half after 8 o'clock—at what hours it may be thought most proper to meet for Singing, afterwards, and whether especially, until the weather shall moderate, a private room may be preferred to the Church, will then be concluded on.
MATH: FITZ.
March 15. tf 497
FOR SALE, BY THE SUBSCRIBER,
45 Hogsheads Richmond TOBACCO—A-float.
78 Puncheons Windward Island RUM.
7 do. Old Jamaica do.
10 Pipes 4th proof Cognac, } BRANDY.
11 do. do. Alcant, } 10 do. Holland GIN.
17 Pipes, } FINE OLD SICILY WINE.
4 Half Pipes, } 2 Qr. Casks, } 4 Half do. }
18 Quarter Casks Sherry WINE.
4 Hogsheads Muscovado SUGAR.
20 Crates well assorted EARTHENWARE.
9 Casks do. GLASSWARE.
59 Quarter Barrels British FF GUN POWDER.
600 Barrels Fine and Superfine FLOUR.
A. MACLURE.
March 15. tf 495
FOR SALE,
64 ELEPHANT'S TEETH.
400 Barrels FLOUR—A-float.
60 Hogsheads Martinique Clayed SUGAR.
4 Bales TICKLENBURGS and OZNAEBURGS.
A few Chests of HYSON and IMPERIAL TEA.
6 Casks 12d. NAILS.
JAMES DYKES & CO.
March 12. 3 494
FOR SALE—A BARGAIN.
THE SUBSCRIBER,
WISHING TO DECLINE THE RETAIL BUSINESS,
OFFERS FOR SALE,
HIS WHOLE STOCK IN TRADE,
AMOUNTING TO ABOUT $30,000.
CONSISTING OF
DRY GOODS, Cutlery, Hardware, Castings, Nails
of all sizes, and a number of other articles.—The whole will be sold on very low terms, and a liberal credit will be allowed, on bond with approved security—Also, the balance of the lease of his Store, equal to any hand in Norfolk, if required. Property in the Borough of Norfolk, or Lands in the neighbouring counties, Publick Securities, &c. will be taken in exchange. For further particulars, apply to
James Tucker.
WHO HAS FOR SALE, ON VERY LOW TERMS,
A VALUABLE TRACT OF LAND,
on the South Branch of the Potomack.
August 23. tf
WANTED, BY THE SUBSCRIBERS,
FOUR HUNDRED CORDS OF
OAK BARK;
For which the following prices, in CASH, will be given—delivered at their TAN-YARD
For Spanish Oak Bark, 10 Dollars per Cord.
Willow, or Water Oak, 9 do.
Red Oak, 8 do.
White Oak, if young and not too scaly, 7 do.
A FEW CORDS OF
BEECH BARK,
Will also be received at 7 Dollars per cord.
It is recommended to those who get BARK, to bring it in early in the season, for if kept out and exposed to heavy rains, it will not be received.
WILLIAM PLUME & CO.
March 11. tf 495
WE HAVE FOR SALE,
119 Half Barrels Superfine FLOUR, (BAXALL'S BRAND.)
100 Barrels CROSS MIDLINGS—Superior quality.
40 do. SHIP-STUFF.
J. & W. SOUTHGATE.
March 11. 3 453
NORFOLK DRAWBRIDGE COMPANY,
11th March, 1805.
THE Subscribers to the Stock for erecting a Bridge across the Southern Branch, are hereby requested to pay into the hands of the Treasurer, on or before the second day of April next, Five Dollars on each Share.
LUKE Wm. PENNOCK, CHRIS: FRY.
t2A. 486
FOR SALE—A-FLOAT.
146 Bbls. Superfine, } FLOUR—Gallego's Brand.
290 do. Fine, } 60 do. Midlings, } Richmond Inspection.
200 do. X Midlings, } JAMES HERRON.
March 11. 3 480
WILL BE LANDED THIS DAY,
On Newton's Wharf, from on board the Schooner Mary Johnson, Captain Bayton, from Trinidad, and for sale by the subscriber.
67 Hogsheads, } Choice Muscovado Sugar.
11 Barrels, } 5 Hogsheads MOLASSES.
March 1. w3 461
At a meeting of the TRUSTEES of the NORFOLK ACADEMY, held the 26th day of January, 1805.
THE Board proceeded to elect by ballot, a Master for the Academy, and on counting the votes, Edmund M'Guire, was declared to be duly elected.
Resolved, That the Master of the Academy be allowed for teaching at the following rates, viz. For the English language, writing, and arithmetick, 12 dollars; for the English language, writing, arithmetick, and the higher branches of mathematics, 20 dollars; for the Latin and Greek languages, and mathematics, 30 dollars; and for the Latin, Greek, and French languages, mathematics, natural philosophy, and logick, 40 dollars per annum, which shall be paid quarterly in advance.
Extract from the minutes, A. JORDAN, SECRETARY.
February 22. tf 448
THE TRUSTEES wishing to promote the success of the institution, by every means in their power, and being of opinion that the Academy was improperly situated for a Publick School, have taken the house on Brigg's Point, owned by Mr. Boush. The accommodations are adequate to the objects of a large number of pupils, and the schools will commence on Monday next.
Mr. Gibbon will have the instruction of the Scholars in English, arithmetick, and the other branches of mathematics.
The Latin and Greek school will be wholly attended to by Mr. M'Guire.
A French teacher is provided, and will be ready to engage in his duties when a sufficient number of scholars offer.
February 22. tf 448
FALL GOODS.
WE are now landing from the brig Commerce, from London, an extensive assortment of FALL GOODS, among which, are assorted packages, calculated for the West India market, entitled to drawback; which will be sold at low advance, by
Gilliat & Mackinder.
August 21. tf 92
A CHOICE PARCEL OF FINE
IRISH LINEN,
Imported from Dublin, per ship Medford. For sale by
MOSES MYERS.
February 15. tf 422
TO RENT,
(And possession given in April or May next,)
The House at present occupied by the
Subscriber in Catharine-Street.
JOHN DAVIDSON.
March 4. tf 466
FOR SALE,
BY WILLIAM B. LAMB,
30 Puncheons St. Vincents RUM.
13 Hogsheads and 28 Tierces SUGAR.

Mr. Randolph's Speech—We will not be accused of too much partiality for the Honourable John Randolph, as applying to his politics; but as we have given his speech on the opening of the Impeachment, from the report published in the Washington Federalist, and accompanied it with some remarks, we consider it only as an act of justice to republish another report of the same speech given in the National Intelligencer; which, whether more or less correct, is certainly much more elegant and neat than the first. Still we do not find ourselves under any very weighty obligations to admire the talents displayed by this revised copy of the cogitations of Mr. Randolph's "Elastick mind"—Our readers have now this Speech in its common and its holiday dress; and they may choose which shall most please themselves.
FROM THE NATIONAL INTELLIGENCER.
Speech of Mr. JOHN RANDOLPH, on opening the Impeachment against SAMUEL CHASE.
Saturday, February 9.
Mr. President—It becomes my duty to open this cause on behalf of the prosecution. From this duty, however incompetent I feel myself to its performance, at all times, and more especially at this time, as well from the very short period which has been allowed us to consider the long and elaborate plea of the respondent, as from the severe pressure of disease, it does not become me to shrink. The station in which I have been placed calls for the discharge of an important publick trust at my hands. It shall be performed to the best of my ability, inadequate as I know that ability to be. When I speak of the short period which has been allowed us, I hope not to be understood as expressing, on our part, any dissatisfaction at the course which has been pursued, or any wish to prolong the time which has been allotted for trial. We are sensible of a disposition in this honourable court to grant us every indulgence which we ought to ask, and when their attention is called to the precipitate hurry of our preparation, it is only to offer, on behalf of an individual, perhaps a weak apology for the weak defence which he is about to make for the cause confided to his care. A desire for the furtherance of justice and the avoidance of delay, but, above all, an unshaken conviction that we stand on impregnable ground, induce us on this short notice to declare that we are ready to substantiate our accusation, to prove that the respondent is guilty in such manner as he stands impeached.
It is a painful but indispensable task which we are called upon to perform—to establish the guilt of a great officer of government, of a man, who, if he had made a just use of those faculties which God and Nature bestowed upon him, would have been the ornament and benefactor of his country, would have rendered her services as eminent and useful, as he has inflicted upon her outrages and wrongs deep and deadly. A character endowed by nature with some of her best attributes, cultivated by education, placed by his country in a conspicuous station, invested with authority whose righteous exercise would have rendered him a terror to the wicked, whilst it endeared him to the wise and good; such a character, presented to the nation in the light in which he now stands, and in which his misdeeds have made it our duty to bring him forward, forms one of the saddest spectacles which can be offered to the publick eye. Base is that heart which could triumph over him.
I will now proceed to state the principal points on which we mean to rely—and which we expect to establish by the clearest evidence. In doing this I shall be necessarily led to notice many of the leading statements of the respondent's answer. We will begin with the first article. (Here Mr. R. read that article.) The answer to the first of these charges is by evasive insinuation and misrepresentation, by an attempt to wrest the accusation from its true bearing, the manner and time of delivering the opinion, and the intent with which it was delivered, to the correctness of the opinion itself, which is not the point in issue. And here permit me to remark, that if the managers of this impeachment were governed only by their own conviction of the course which they ought, necessarily, to pursue, and not by the high sense of duty which they owe to their eminent employers, they would have felt themselves justified in resting their accusation on the admissions of the respondent himself. It is not for the opinion itself, that the respondent is impeached; it is for a daring inroad upon the criminal jurisprudence of his country, by delivering that opinion at a time and in a manner (in writing) before unknown and unheard of. The criminal intent is to be referred from the boldness of the innovation itself, as well as from other overt-acts charged in this article. The admission of the respondent ought to secure his conviction on this charge. He acknowledges that he did deliver an opinion in writing, on the question of law [which it was the right and duty of the jury to determine, as well as the fact] before counsel had been heard in defence of John Fries, the prisoner. I must beg the assistance of one of the gentlemen with whom I am associated, to read this part of the answer. (Mr. Clarke accordingly read the reply of Mr. Chase to this charge.) We charge the respondent with a gross departure from the forms, and a flagrant outrage upon the substance of criminal justice, in delivering a written, prejudicated opinion on the case of Fries, tending to bias the minds of the jury against him before counsel had been heard in his defence. The respondent (page 12, of the answer) admits the fact, for he knew that we are prepared to prove it. But he artfully endeavours to shift the argument from the real point in contest, to the soundness of the opinion itself, which, however questionable (and of its incorrectness I entertain no doubt) it is not our object, at this time, to examine. For the truth of this opinion, and, as it would seem, for the propriety of this proceeding, the respondent takes shelter under precedent. He tells you, sir, this doctrine had been repeatedly decided, on solemn argument and deliberation twice in the same court, and once in that very case. What is this but a confession, that he himself hath been the first man to venture on so daring an innovation on the forms of our criminal jurisprudence. To justify himself for having given a written opinion before counsel had been heard for the prisoner, he resorts to the example set by his predecessors, who had delivered the customary verbal opinion, after solemn argument and deliberation. And what do these repeated arguments and solemn deliberations prove, but that none of his predecessors ever arrogated to themselves the monstrous privilege of breaking in upon those sacred institutions, which guard the life and liberty of the citizens from the rude inroads of powerful injustice. The learned and eminent judges to whose example he appeals, for justification, decided after, and not before a hearing. They exercised the acknowledged privilege of the Bench in giving an opinion to the jury on
the question of law, after it had been fully argued, by counsel, on both sides. They never attempted by previous and written decisions, to wrest from the jury their undeniable right, of deciding upon the law as well as the fact, necessarily involved in a general verdict; to usurp this decision to themselves, or to prejudice the minds of the jurors, against the defence. I beg this honourable court never to lose sight of the circumstance, that this was a criminal trial, for a capital offence, and that the offence charged was treason . The respondent also admits, that the counsel for Fries, not meaning to contest the truth of the facts, charged in the indictment, rested their defence altogether upon the law, which he declared to have been settled in the cases of Vigol and Vitchel ; a decision which although it might be binding on the court, the jury were not obliged to respect, and which the counsel had a right to controvert before them, the sole judges, in a case of that nature, both of the law and the fact. I do not deny the rights of the court to explain their sense of law, to the jury, after counsel have been heard;—but I do deny that the jury are bound by such exposition. If they verily believed that the overt-acts charged in the indictment, did not amount to treason, they could not without a surrender of their consciences into the hands of the court, without a flagrant violation of all that is dear and sacred to man, bring in a verdict of guilty. I repeat that in such a case the jury are not only the sole judges of the law, but that where their verdict is favourable to the prisoner, they are the judges without appeal. In civil cases, indeed, the verdict may be set aside and a new trial granted, but in criminal prosecution, the verdict (if not guilty) is final and conclusive. It is only when the finding of the jury is unfavourable to the prisoner, that the humane provisions of our law, always jealous of oppression when the life or liberty of the citizen is at stake, permits the verdict to be set aside, and a new trial granted to the unhappy culprit. When I concede the right of the court to explain the law to the jury in a criminal, and especially in a capital case, I am penetrated with the conviction that it ought to be done, if at all, with great caution and delicacy. I must beg leave to take, before this honourable court, what appears to my unlettered judgment, to be a strong and obvious distinction. There is, in my mind, a material difference between a naked definition of law, the application of which is left to the jury, and the application, by the court, of such definition to the particular case, upon which the jury are called upon to find a general verdict. Surely, there is a wide and evident distinction between an abstract opinion upon a point of law, and an opinion applied to the facts admitted by the party accused, or proven against him. But it is alleged, on behalf of the respondent, that the law in this case was settled, and upon this he rests his defence. Will it be pretended by any man that the law of treason is better established than the law of murder?—What is treason as defined by the constitution?—Levying war against the United States, or adhering to their enemies, giving them aid and comfort. What is murder?—killing with malice aforethought, a definition at least as simple and plain as the other. And because what constitutes murder has been established and settled through a long succession of ages and adjudications, has any judge for that reason been ever daring enough to assert that counsel should be precluded from endeavouring to convince the jury that the overt-acts, charged in the indictment, did not amount to murder? Is a court authorised to say, that because killing with deliberate malice is murder, therefore the act of killing, admitted by the prisoner's counsel, or established by evidence, was a killing with malice premeditate, and did constitute murder. I venture to say that an instance cannot be adduced, familiar as the definition of murder is even to the most ignorant, numerous as have been the convictions for that atrocious crime, where counsel have been deprived of their unquestionable right to address the jury on the law as well as the fact. Much less can an instance be produced, in any trial for a capital offence, where they have found themselves anticipated in the question of law by a written opinion, to be taken by the jury out of court, as the land-mark by which their verdict is to be directed. I have always understood, that, even in a civil case, when the jury carried out with them a written paper, relating to the matter in issue, and which was not offered, or permitted to be given in evidence to them, it was sufficient to vitiate their verdict, and good ground for a new trial. This written opinion of the court delivered previous to a hearing of the cause, is a novelty in our laws and usages. It would be reprehensible in any case, but in a criminal prosecution, for a capital offence, and that offence treason , (where above all, oppression and arbitrary proceedings on the part of courts are most to be dreaded and guarded against) it cannot be too strongly reprobated, or too severely punished.
What would be said of a judge who in a trial for murder, where the facts were admitted (or proved) should declare from the bench, that whatever argument counsel had to offer, in relation to the facts, may be addressed to the jury, but that they should not attempt to convince the jury that such facts came not within the law, did not amount to murder, but that every thing which they had to say upon the question of law, should be addressed to the court, and to the court only. Can you figure to yourselves a spectacle more horrible?
We are prepared to prove, what the respondent has in part admitted, that he "restricted the counsel of Fries from citing such English authorities as they believed apposite, and certain statutes of the United States, which they deemed material to their defence;" that the prisoner was debarred by him, from his constitutional privilege of addressing the jury (through his counsel) on the law, as well as the fact, involved in the verdict which they were required to give;—and that he attempted to wrest from the jury their undeniable right to hear argument, and (consequently) to determine upon the question of law which in a criminal case it was their sole and unquestionable province to decide. These last charges, [except so far as relates to the laws of the United States] are impliedly admitted by the respondent. He confesses that he would not permit the prisoner's counsel to cite certain cases, "because they could not inform but might deceive and mislead the jury." Mr. President, that is the noblest trait in this inestimable form of trial, that in criminal prosecutions (where the verdict is general) the jury are the sole judges, and (where they acquit the prisoner) the judges are without appeal, both of law and fact. And what is the declaration of the respondent but an admission that he wished to take from the jury their indisputable privilege to hear argument and determine upon the law, and to usurp to himself that power, which belonging to them, and to them only? It is one of the most glorious attributes of jury trial, that in criminal cases (particularly such as are capital) the prisoner's counsel may (and they often do) attempt "to deceive and mislead the jury." It is essential to the fairness of the trial, that it should be conducted with perfect freedom. It is congenial to the generous spirit of our institutions to lean to the side of an unhappy fellow creature, put in jeopardy, of limb, or life, or liberty. The free principles of our governments, individual and federal, teach us to make every humane allowance in his favour, to grant him with a liberality, unknown to the narrow and tyrannous maxims of most nations, every indulgence not inconsistent with the due administration of justice. Hence, a greater latitude is allowed to the accused, than is permitted to the prosecutor. The jury, upon whose verdict the event is staked, are presumed to be men capable
of understanding what they are called upon to decide, and the attorney for the state, a gentleman learned in his profession, capable of detecting and exposing the attempts of the opposite counsel to mislead and deceive. There is moreover the court to which in cases of difficulty, recourse might be had. But what indeed is the difficulty arising from the law in criminal cases, for the most part? What is to hinder an honest jury from deciding, especially after the aid of an able discussion, whether such an act was a killing with malice premeditate, or whether such overt-acts set forth in an indictment, constituted a levying of war against the United States—and to what purpose has treason been defined by the constitution itself, if over-bearing, arbitrary judges are permitted to establish among us the odious and dangerous doctrine of constructive treason? The acts of Congress which had been referred to on the former trial, but which the respondent said he would not suffer to be cited again, tended to show that the offence committed by Fries did not amount to treason. That it was a misdemeanour, only already provided for by law, and punishable with fine and imprisonment. The respondent indeed denies this part of the charge, but he justifies it even (as he says) if it be proved upon him. And are the laws of our own country (as well as foreign authorities) not to be suffered to be read in our courts, in justification of a man whose life is put in jeopardy?
I will now proceed to the second article—the case of Basset, whose objection to serve on Callender's jury was overruled by the judge, who stands arraigned before this honourable court. In the 9th page of the respondent's answer it is stated, that a new trial was granted to Fries, "upon the ground (as this respondent understood and believes) that one of the jurors, after he was sworn, had made some declaration unfavourable to the prisoner." It will be remembered that both the trials of Fries proceeded that of Callender. Upon what principle then, could the respondent declare Basset a good jurymen, when he was apprized of the previous decision in the case of Fries by his brother judge, whom he professes to hold in such high reverence, and by whose decision, on his own principles, he must have held himself bound? For surely the same exception to a jurymen which would furnish ground for a new trial, ought to be a cause of setting aside such juror, if it be taken, previous to his being sworn.
From the respondent's own showing [page 31, of the answer] it appears, that the question put to the jurymen generally, and to Basset among others, was, whether they "had formed and delivered any opinion upon the subject matter then to be tried, or concerning the charges contained in the indictment." And here let me refer the court to the question which the respondent put to the jurors in the case of Fries, (page 24). It was, "whether they had ever formed, or delivered any opinion as to his guilt, or innocence, or that he ought to be punished?" How is this departure from the respondent's own practice, this inconsistency with himself to be reconciled? In the one case the question is put in the disjunctive; "have you formed or delivered?" In the other, it is in the conjunctive, "formed and delivered;" besides other material difference in the terms and import of the two questions. Wherefore, I repeat, this contradiction of himself! But Mr. President, we shall be prepared to prove that the words "subject matter then to be tried" were not comprised in the question propounded to Basset, or to any of the other jurors. The question was as will be shown in evidence "have you ever formed and delivered any opinion concerning the charges contained in the indictment?" And it is remarkable that the whole argument of the respondent upon this point, goes to justify the question which was actually put, and which he probably expected we should prove that he did put, rather than that which he himself declares to have been propounded by him. Such a question must necessarily have been answered in the negative. Basset could never have seen the indictment:—and although his mind might have been made up on the book, whatever opinion he might have formed and delivered as to the guilt of Callender, or however desirous he might have been of procuring conviction and punishment, still, not having seen the indictment, he could not divine what passages of the book were made the subject of the charges, and by the criterion established by the judge, he was a good juror. But if the juror's mind was thus prejudged against the book and the writer, was he, merely because he had not seen the indictment, competent to pass between him and his country on the charges contained in it, and extracted out of the book? And even if the question had been such as the respondent states, yet being put in the conjunctive, the most inveterate foe of the traverser, who was artful, or cautious enough to forbear the expression of his enmity, would thereby have been admitted as competent to pass between the traverser and his country in a criminal prosecution.
The 3d article relates to the rejection of John Taylor's testimony. This fact also is admitted, and an attempt is made to justify it, on the ground of its "irrelevancy," on the pretext that the witness could not prove the whole of a particular charge. By recurring to "The Prospect Before Us," a book, which with all its celebrity, I never saw till yesterday, I find this charge consists of two distinct sentences.—Taken separately the respondent asserts that they mean nothing; taken together, a great deal. And because the respondent undertook to determine (without any authority as far as I can learn) that Colonel Taylor could prove the whole, that is both sentences, he rejected his evidence entirely, for "irrelevancy." Might not his testimony have been relevant to that of some other witness, on the same, or on another, charge? I appeal to the learning and good sense of this honourable court, whether it is not an unheard-of practice (until the present instance) in a criminal prosecution, to declare testimony inadmissible because it is not expected to go to the entire exculpation of the prisoner? Does it not daily occur in our courts, that a party accused, making out a part of his defence by one witness and establishing other facts by the evidence of other persons—does it not daily occur that the testimony of various witnesses sometimes to the same, and sometimes to different facts, goes so relieve and support the whole case, as to leave no doubt of the innocence or guilt of the accused, in the minds of the jury, who, it must never be forgotten, are, in such cases, the sole judges both of the law and the fact. Suppose for instance that the testimony of two witnesses would establish all the facts, but that each of those facts are not known by either of them. According to this doctrine the evidence of both might be declared inadmissible, and a man whose innocence, if the testimony in his favour were not rejected, might be clearly proved to the satisfaction of the jury, may thus be subjected by the verdict of that very jury to an ignominious death.—Shall principles so palpably cruel and unjust be tolerated in this free country? I am free to declare that the decision of Mr. Chase, in rejecting Col. Taylor's testimony, was contrary to the known and established rules of evidence, and thus I trust will be shown by my learned associates, to the full satisfaction of this honourable court, if indeed they can require further satisfaction on a point so clear and indisputable.—But this honourable court will be astonished when they are told (and the declaration will be supported by undeniable proof) that at this very time neither the traverser, his counsel, or the court, knew the extent to which Col. Taylor's evidence would go.—They were apprized, indeed, that he would show that Mr. Adams was an aristocrat and that he had proved serviceable to the British interest, in the sense conveyed by the book—but they little dreamt
that his evidence if permitted to have been given in, would have thrown great light upon many other of the charges. There is one ground of defence taken of his discernment would have sedulously avoided.—That although the traverser had justified nineteen out of twenty of the charges, contained in the indictment, if he could not prove the truth of the twentieth, it was of little moment, as he was, "thereby, put into the power of the court." Gracious God! Sir, Sir, what inference is to be drawn from this horrible insinuation.
In justification of the charges contained in the fourth article, the respondent, unable to deny the fact, contended to be put to the witness "to be reduced to writing, and submitted to the court," in the first instance (as we shall prove) and before they had been examined, it was "the right and duty of the court" to make. It would not become me, elsewhere, or on any other occasion, to dispute the authority of the respondent, on legal questions, but I do aver that such is not the law, at least in the State in which that trial was held, nor do I believe that it is law anywhere. I speak of the United States. Sir, in the famous case of Logwood, where the chief justice of the United States presided, I was present, being one of the grand jury who found a true bill against him.—It must be conceded that the government was as deeply interested in arresting the career of this dangerous and atrocious criminal, who had aimed his blow against the property of every man in society, as it could be in bringing to punishment a weak and worthless scoundrel. And yet, although much testimony was offered by the prisoner, which did, by no means, go to his entire exculpation, although much of that testimony was of a very questionable nature, none of it was declared inadmissible; it was suffered to go to the jury, who were left to judge of its weight and credibility, nor were any interrogatories to the witnesses required to be reduced to writing. And I will go further, and say that it never has been done, before or since Callender's trial, in any court of Virginia, (and I believe I might add in the United States) whether state or federal. No Sir, the enlightened man who presided in Logwood's case knew that, although the base and vilest of criminals, he was entitled to justice, equally with the most honourable member of society. He did not avail himself of the previous and great discoveries, in criminal law, of this respondent; he admitted the prisoner's testimony to go to the jury; he never thought it his right, or his duty, to require questions to be reduced to writing;—he gave the accused a fair trial, according to law and usage, without any innovation, or departure, from the established rules of criminal jurisprudence, in his country.
The respondent also acknowledges his refusal to postpone the trial of Callender, although an affidavit was regularly filed stating the absence of material witnesses on his behalf; and he again the ground of his defence, is in my estimation, good cause for his conviction. The dispute as to the motive of his refusal, is, to my mind, one of the most unanswerable reasons for granting a postponement. The other three charges, contained in this article, will be supported by unquestionable evidence. The rude and contemptuous expressions of the judge to the prisoner's counsel, his repeated and vexatious interruptions of them—his indecent solicitude and predilectioned resolution to effect the conviction of the accused. This predetermination we shall prove to have been expressed by him, long before, as well as on his journey to Richmond, and whilst the prosecution was pending—besides the proofs which the trial itself affords.
The 5th article is for the respondent's having "awarded a capias against the body of James Thompson Callender, indicted for an offence not capital, whereupon the said Callender was arrested and committed to close custody, contrary to law in such case made and provided;"—that is, contrary to the act of Assembly of Virginia, recognized (by the act of Congress passed in 1789, for the establishment of the judicial courts of the United States) as the rule of decision in the federal courts, to be held in that state, until other provision be made. The defence of the respondent embraces several points.—That the act of Virginia was passed posterior to the act of Congress, (viz. in 1792) and could not be intended, by the latter, to be a rule of decision. Fortunately, there is no necessity to question (which we might well do) the truth of his position. It may be necessary to inform some of the members of this hon. court, that, about twelve or thirteen years ago, the laws of Virginia underwent a revision;—all those relating to a particular subject, being condensed into one, and the whole code, thereby, rendered less cumbrous and perplexed. Hence many of our laws, to a casual and superficial observer, would appear to take their date so late as the year 1792, although their provisions were long before in force. The 28th section of this very act on which we rely, the court will perceive to have been enacted in 1788, one year preceding the act of Congress. (Virg. laws chap. LXXIV. sect. 28. page 195, North's Pienants' edition.) Here Mr. Randolph read the act referred to. "Upon presentment made by a grand jury of an offence not capital, the court shall order the clerk to issue a summons, or other proper process, against the person so presented, to appear, and answer such presentment at the next court, &c." But the respondent aware no doubt of this fact, asserts that the act not being adduced, he was not bound to know of its existence, and that he ought not to be censured for the omissions of the traverser's counsel, whose duty it was to have cited it on behalf of their client;—and this objection, with the preceding ones, which I have endeavoured to answer will equally apply to the 6th article. Sir, when the counsel for the traverser were told by the judge at the outset, when they referred to a provision of this very law, "that such may be your local state laws, here in Virginia, but that to suppose them as applying to the courts of the United States is a wild notion," would it not indeed have been a wild experiment in them to cite the same law with a view of influencing the opinion of a man, who had scornfully scouted the idea that he was to be governed by it.
Unwilling however to rest himself now, on the ground which he then took, the respondent justifies himself, by declaring that he complied, altho' ignorantly, with this law, by issuing that other proper process, of which it speaks, that is a capias. But that other process must be of the nature of a summons, notifying, the party to appear at the next term; and will any man pretend to say, that a capias taking him into close custody and oblige him to appear not at the next but at the existing term, is such process as that law describes? Sir, not only the law but the uniform practice under it, as we are prepared to shew by evidence, declares the capias not to be the proper process. But it is said, that this would be nothing more than notice to the party accused to abscond, and therefore caught not to be law . Sir, we are not talking about what ought to have been the law; that is no concern of ours—the question is what was the law. But the impolicy of this mode of proceeding is far from being ascertained. It is a relief to the innocent who may be in a state of accusation. It saves the expenses of imprisoning the guilty, and if they should prefer voluntary exile to standing a trial, is it so very clear that the state is thereby more injured than by holding them to punishment, after which they would remain in her bosom to perpetrate new offences. Remember,—this proceeding is against petty offenders, not felons.—It does not apply to capital cases;

to felonies, then, capital, for which our law has, since, committed the punishment of death, into that of imprisonment at hard labour.
For further defence against the 6th article, the respondent takes shelter under this position: That the provision of the law of the U. States establishing the judicial courts relates only to rights acquired under state law, which come into question on the trial, and not to forms of process before the trial, and can have no application to offences created by statute, which cannot with propriety, be termed trials at "common law." We are prepared to shew that the words "trials at common law" are used in that statute, not in their most restricted sense, but to contra-distinguish a certain description of cases from those arising in equity, or under maritime, or civil law.
I will pass over the seventh article of impeachment, as well because I am nearly exhausted, as being content to leave it on the ground where the respondent himself has placed it. It would be impossible for us to put it in a stronger light, than has been thrown upon it by his own admission.
The eighth and last article remains to be considered, (article read.) I ask this honourable court whether the prostitution of the bench of justice to the purposes of an hasty is to be tolerated?
We have nothing to do with the politics of the man. Let him speak and write and publish as he pleases. This is his right in common with his fellow citizens. The press is free. If he must electioneer and abuse the government under which he lives, I know no law to prevent or punish him, provided he seeks the wanted theatres for his exhibition. But shall a judge declaim on these topics from his seat of office. Shall he not put off the political partisan when he ascends the tribunal—or shall we have the pure streams of publick justice polluted with the venom of party virulence? In short, does it not follow that a judge carries all the rights of a private citizen with him upon the bench, and that he may, there, do every act, which, as a freeman, he may, do elsewhere, without being questioned for his conduct?
But, Sir, we are told that this high court is not a court of errors and appeals, but a court of impeachment, and that however incorrectly the respondent might have conducted himself, proof must be adduced of criminal intent, of wilful error, to constitute guilt. The quo animo is to be inferred from the facts themselves; there is no other mode by which in any case it can be determined, and even the respondent admits that there are acts of a nature so flagrant that guilt must be inferred from them, if the party be of sound mind. But this concession is qualified by the monstrous pretension that an act to be impeachable, must be indictable. Where? In the federal courts? There not even robbery and murder are indictable, except in a few places under our exclusive jurisdiction. It is not an indictable offence under the law of the U. States for a judge to go on the bench in a state of intoxication—it may not be in all the state courts. But it is indictable no where, for him to omit to do his duty, to refuse to hold a court? yet who can doubt that both are impeachable offences, and ought to subject the offender to removal from office? But in this long and disgusting catalogue of crimes and misdemeanors (which he has in a great measure confessed) the respondent tells you he had accomplices and that what was guilt in him could not be innocence in them. I must beg the court to consider the facts alleged against the respondent in all their accumulated atrocity;—not to take them, each in an insulated point of view, but as a chain of evidence indissolubly linked together, and establishing the indisputable proof of his guilt. Call to mind his high standing and character, and his superior age and rank, and then ask yourselves whether he stands justified in a long course of oppression and injustice, because men of weak intellect, and yet feebler temper—men of far inferior standing to the respondent, have tamely acquiesced in such acts of violence and outrage? He is charged with various acts of injustice, with a series of misconduct, so connected to time and place, and circumstance as to leave no doubt, on my mind at least, of intentional ill. Can this be justified, because his several associates have at several times and occasions barely yielded a faint compliance, which perhaps they dared not withhold. Can they be considered as equally culpable with him whose accumulated crimes are to be divided amongst them, who had given at best but a negative sanction to them. But, Sir, would the establishment of their guilt prove his innocence? At most it would only prove that they too ought to be punished. Whenever we behold the respondent sitting in judgment, there do we behold violence and injustice. Before him the counsel are always contumacious. The most accomplished advocates of the different states whose demeanour to his brethren is uniformly conciliating and temperate, are to him only, obstinate, perverse, rude and irritating. Contumacy has been found to exist only where he presided.
Mr. President, it appears to me that one great distinction remains yet to be taken. A distinction between a judge zealous to punish and repress crimes generally, and a judge anxious only to enforce a particular law whereby he may recommend himself to power, or to his party. It is this hideous feature of the respondent's judicial character, on which I would fix your attention. We do not charge him with a general zeal in the discharge of his high office, but with an indecent zeal in particular cases, for laws of doubtful and suspicious aspect. It is only in cases of constructive treason and libel, that his zeal breaks out. Through the whole tenour of his judicial conduct runs the spirit of party. I could cite the name and authority of a judge of whom if I might be permitted to speak, I would say, that he was no less a terror to evil doers than a shield to the oppressed. In a commendable zeal for the faithful execution of the laws, he has never been surpassed either in tenderness to the liberty of the citizen, nor the liberty of the press, nor trial by jury. [Here Mr. R. read the following passage from Tucker's Blackstone, vol. 4, p. 360.] "But it is not customary nor agreeable to the general course of proceeding (unless by consent of parties, or where the defendant is actually in jail) to try persons indicted of smaller misdemeanors at the same court in which they have pleaded not guilty, or traversed the indictment. (What follows is subjoined in a note:) And this is the practice in Virginia, but in the case of the U. States against Callender, in the federal court at Richmond, May 1800, a different course was pursued, although the act of Congress (1 Cong. 3 Sess. chap. 20. Sec. 32.) may be interpreted otherwise." This is the very act and section on which we rely.
I have endeavoured Mr. President in a manner, I am sensible, very lame and inadequate, to discharge the duty incumbent on me; to enumerate the principal points upon which we shall rely, and to repel some of the prominent objections advanced by the respondent. Whilst we confidently expect on his conviction, it is from the strength of our cause, and not from any art or skill, in conducting it. It requires so little support that I think Heaven it cannot be injured by any weakness of mine. We shall bring forward in proof, such a specimen of judicial tyranny, as I trust in God, will never be again exhibited in our country.
The respondent hath closed his defence by an appeal to the searcher of hearts for the purity of his motives. For his sake I rejoice, that, by the timely exercise of that mercy, which, for wise purposes has been reposed in the executive, this appeal is not stowed by the blood of an innocent man crying
aloud for vengeance—that the mute agony of widowed despair and the wailing voice of the orphan do not plead to Heaven for justice on the oppressor's head. But for that intervention, self accusation before that dread tribunal would have been needless. On that awful day the blood of a poor, ignorant, friendless, unlettered German, murdered under the semblance and colour of law, sent without pity to the scaffold, would have risen in judgment at the Throne of Grace, against the unhappy man arraigned at your bar. But the president of the United States by a well timed act, at once of justice and of mercy, (and mercy like charity covereth a multitude of sins), wrested the victim from his grasp, and saved him from the countless horrors, of remorse, by not suffering the pure crmine of justice to be dyed in the innocent blood of John Fries.
AN ACT
For the more effectual preservation of peace in the ports and harbours of the United States, and in the waters under their jurisdiction. BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever any treason, felony, misprision of treason, or of felony, misdemeanor, breach of the peace, or of the revenue laws of the United States, shall hereafter be committed within the United States, and the case shall be cognizable by, or under their authority, if the person committing the same, shall be on board of any foreign armed vessel, in any port or harbour of the United States, or in the waters within their jurisdiction, it shall be the duty of any judge or justice of any court of the United States, upon satisfactory proof thereof to him made, to issue his warrant, specifying the nature of the offence, and directed to a marshal, commanding him to take the body of the offender, and bring him before the said judge or justice, to be dealt with according to law. And if the said marshal shall deem the ordinary posse comitatus insufficient to ensure the execution of the said warrant, he shall apply to the said judge or justice, who shall immediately issue his order, directed to any officer having command of militia, or any officer having command of regular troops, or of armed vessel of the United States, in the vicinity, requiring him to aid the said marshal with all the force under his command, or such part as may be necessary in executing the warrant aforesaid. And the said marshal conforming himself in all things to the instructions which he shall receive from the President of the United States, or from any other person authorised by the President, shall first demand the surrender of the person charged with the offence; and if delivery be not made, or if the marshal be obstructed from making the demand, he shall use all the means in his power by force and arms, to arrest the offender, and all others who are with him, giving him aid and countenance in evading the arrest, and he shall convey the said offender and all others arrested as aforesaid, and deliver them to the civil authority, to be dealt with according to law. If death ensue to the person ordered to be arrested, or to any of those giving him aid and countenance, it shall be justified; but if to the marshal, or to any of those supporting him in the discharge of his duty, the persons engaged in resisting the civil authority shall be punished as in cases of felonious homicide.
Sec. 2. And be it further enacted, That whenever after the passage of this act, any felony, misprision of felony, misdemeanor, or breach of the peace, shall be committed within the body of a country in any one of the United States, and any process of law shall be issued under the authority of the state, for the purpose of arresting the offender, if the said offender shall be on board of any foreign armed vessel, in any port or harbour of the United States, and within the jurisdiction of state, in which the offence was committed, it shall be lawful for the governor or other supreme executive officer of the state in which the said offence shall have been committed, upon due proof thereof, and upon his being satisfied that the ordinary posse comitatus is insufficient to ensure the execution of the said process, to issue his order directed to any officer having command of regular troops or armed vessels of the United States in the vicinity, requiring him to aid the officer charged with the execution of the process, with all the force under his command, or such part thereof as may be necessary, in arresting the offender, and all others giving aid or countenance in resisting the civil authority. And if the said offender shall flee to any place beyond the jurisdiction of the state, and within the exclusive jurisdiction of the United States, the officer charged with the execution of the said process, shall be, and he is hereby authorised to pursue the said offender into such place, taking with him, if necessary, the armed force, and there arrest him, in virtue of the said process. And if the said offender shall flee to and be on board of any foreign armed vessel, being in any place beyond the jurisdiction of the state, and within the exclusive jurisdiction of the United States, the officer charged with the execution of the said process shall first demand the delivery of the said offender, of and from the person or persons having charge or command of the said foreign armed vessel, declaring the authority and cause for which the demand is made; and if the said offender be not delivered according to the said demand, or if the officer charged with the execution of the process be obstructed in attempting to make the demand, then he shall use all the means in his power, by force and arms, to enter on board of the said foreign armed vessel, there to search for and arrest the said offender, and all those who are with him, giving him aid and countenance in preventing and resisting the execution of the said process; and the officer charged with the execution of the said process, shall convey the said offender and deliver him over to the civil authority of the state, to be dealt with according to law; and all those arrested for being concerned in resisting the execution of the process shall be delivered over to the civil authority of the United States, and shall be punished in the same manner as if they had been concerned in knowingly and wilfully obstructing, resisting, or opposing any officer of the United States in serving or attempting to serve any warrant or other legal or judicial writ issued under the authority of the united States. But if any of those concerned in making the arrest be killed in a place within the exclusive jurisdiction of the United States, those engaged in resisting the civil authority shall be punished as in cases of felonious homicide, and if the person charged with the offence, or any of those concerned with him in resisting, be killed, in a place under the exclusive jurisdiction of the United States, it shall be justified.
Sec. 3. And be it further enacted, That if any commanding officer of militia, of regular troops, or armed vessels of the United States, shall refuse to obey the requisition authorised by this act, he shall forfeit a sum not exceeding five thousand dollars.
Sec. 4. And in order to prevent insults to the authority of the laws, whereby the peace of the United States with foreign nations may be endangered, Be it further enacted, That it shall be lawful for the President of the United States either to permit or interdict at pleasure, the entrance of the harbours and waters under the jurisdiction of the United States to all armed vessels belonging to any foreign nation, and by force to repel and move them from the same; except when they shall be forced in by distress, by the dangers of the sea, by being pursued by an enemy, or when charged with despatches or business from the government to which they belong; in which cases, as well as in all others when they shall be permitted to enter, the commanding officer shall immediately report his
vessel to the collector of the district, stating the object or causes of his entering the harbour or waters, shall take such position therein, as shall be assigned him by such collector, and shall conform himself, his vessel and crew, to such regulations respecting health, repairs, supplies, stay, intercourse and departure, as shall be signified to him by the said collector, under the authority and directions of the President of the United States, and not conforming thereto, shall be required to depart from the United States.
Sec. 5. And be it further enacted, That whenever any armed vessel of a foreign nation, entering the harbours or waters within the jurisdiction of the United States and required to depart therefrom, shall fail so to do, it shall be lawful for the President of the United States, or such other person as he shall have empowered for that purpose, to employ such part of the land and naval forces of the United States, or the militia thereof, as he shall deem necessary to compel the said armed vessel to depart; if he shall think it proper, it shall be lawful for him to forbid by proclamation, all intercourse with such vessel, and with every armed vessel of the same nation and the officers and crew thereof; to prohibit all supplies and aid from being furnished them, and also to instruct the collector of the district, where such armed vessel shall be, and of any and of every other district of the United States, to refuse permission to any vessel belonging to the same nation, or to its citizens or subjects, to make entry or unlade, so long as the said armed vessel shall remain in the harbours or waters of the United States, in defiance of the publick authority. And after the publication of said proclamation, and due notice thereof, any person shall afford any aid to such armed vessel, or to any other, contrary to the prohibition contained in the said proclamation, either in repairing the said vessel, or in furnishing her, her officers or crew with supplies of any kind or in any manner whatsoever, or if any pilot shall assist in navigating the said armed vessel, or any other, contrary to the prohibition contained in the said proclamation, unless it be for the purpose of carrying the armed vessel required to depart, as aforesaid, beyond the limits, and jurisdiction of the United States, the person or persons so offending, shall forfeit and pay a sum not exceeding one thousand dollars, and shall also be liable to be bound to their good behaviour.
Sec. 6. And be it further enacted, That whenever any officer of an armed vessel commissioned by any foreign power, shall on the high seas commit any trespass or tort, or any spoliation on board any vessel of the United States, or any unlawful interruption or vexation of trading vessels actually coming to or going from the United States, it shall be lawful for the President of the United States, on satisfactory proof of the facts, by proclamation to interdict the entrance of the said officer, and of any armed vessel by him commanded within the limits of the United States, and if at any time after such proclamation made, he shall be found within the limits of the United States he shall be liable therefor to be arrested, indicted and punished by fine and imprisonment, in any court in the United States having competent jurisdiction, and it shall be a part of the sentence that he shall within such time after the payment of his fine and the expiration of his term of imprisonment, as the court shall direct, leave the United States never to return. And if he shall return within the limits of the United States after the passing of such sentence or be found therein after the period limited by the court as aforesaid, he shall again be liable to be indicted, fined and imprisoned at the discretion of the court: Provided always, That if the said officer shall also have committed any other offence made punishable by this act, he shall be liable to prosecution and punishment; the provisions of this section to the contrary notwithstanding.
Sec. 7. And be it further enacted, That the President of the United States shall be, and he is hereby authorised and required to give, as soon as may be, after the passage of this act, to the collectors of the respective districts, and to such other persons as he may think proper, the necessary instructions for carrying this act into effect, particularly marking out the line of conduct, to be observed by the marshal, and the several collectors in performing the duties enjoined by this act.
Sec. 8. And be it further enacted, That if any person shall be sued for any thing done in pursuance of, or in obedience to this act, he may plead the general issue, and give this act in evidence, any law, custom, or usage, to the contrary, notwithstanding.
Sec. 9. And be it further enacted, That this act shall continue in force, for the term of two years, and from thence, to the end of the next session of Congress, and no longer.
NATHL. MACON, Speaker of the House of Representatives. JOS: ANDERSON, President of the Senate, pro tempore. March 3, 1805. APPROVED, TH: JEFFERSON. NEW-YORK, March 13.
Yesterday morning, between the hours of one and two o'clock, a fire broke out in a cluster of wooden buildings on Fitch's wharf, east river, and before it was got under consumed three large stores, with the principal part of their contents. The stores were owned and occupied by the following persons:—One owned by Daniel Ludlow, and occupied by Cornelius P. Wyckoff, as a flour store. Two owned by the estate of Wm. Minturn, and occupied by Stephen Gorham, and Robert J. Thurston, as commission stores. Mr. Thurston, we are sorry to state, has lost all his books and papers. It is not yet ascertained how or in which of the buildings the fire originated. No probable estimate of the damage can yet be formed.
Gazette Marine Memoranda. ARRIVED, Schooner Hamlet, Cropsey, 52 hours from New-York. Sch'r Thomas, Tibbals, 5 days from New-York. Sch'r Harriot, Brown, 7 days from Charleston. The sch'r Maryland Mary, Newell, was to have sailed from Bermuda for this port the 10th inst. The ship Mary, of Portland, from Liverpool for this port, was spoken off Chincoteague the 9th inst. NASSAU, Feb. 16. The ship Northern Liberties, belonging to Archibald McLaghlin, of Charleston, capt. Ingram, sailed from Charleston on the 27th ult. for Greenock.—Next day at 2 P. M. got over the bar after striking several times. Found the ship did not leak, discharged the pilot. On the 30th, finding the ship would not answer the helm, on examination, found the composition pintles gone, and the rudder soon after went from the ship; got the rudder on board with some difficulty, there being a heavy sea; and after being without the use of it for thirteen days, cut up a six inch hawser and topmast, and secured it with double tackles that there might be more command of the ship. On the 14th inst. spoke his Majesty Cutter Sandwich, lieut. Bernardine. After informing him of our situation, he was so polite as to offer every assistance in his power, and desired us to show a light in case we wanted any, which the former captain (T. Boag) thinks proper to acknowledge. The sloop Sally, capt. Crapo, belonging to Cornel Wilkie, of New-Bedford, 53 days from Baltimore, bound to Charleston, put in here yesterday in distress, having lost her sails, and out of provisions. Cargo, corn, flour, and oats, part of the corn was thrown overboard in a gale—constant gales for thir-
ty days—being obliged to lie-to for 100 hours frequently.
On the morning of the 27th of Jan. the schooner Friendship of Baltimore, captain Chaplin, from Port de Paix, bound to Baltimore, was wrecked on the Yumeto Keys; vessel and cargo lost, and two hands, viz. John Mawning and Watts, the captain, supercargo and two hands, with the greatest difficulty, were so fortunate as to arrive at Long Island, on the morning of the 29th, after enduring the hardships and fatigues of being exposed to winds and weather, in a small boat, without water, and a litter raw provision, after remaining six days at that place, proceeded in the sloop Endeavour, capt. Burrows, and arrived at Nassau on the 11th inst. the captain and supercargo feel themselves under the greatest obligations to the humanity and benevolence of Mr. John C. Rahming of Long Island, using every exertion to render their situation comfortable, during their stay at that place.
DEAGLE'S Packet will sail for Baltimore on Thursday next. March 18.
NORFOLK THEATRE.
To-Morrow Evening, March 19, 1805. Will be presented the celebrated COMEDY, call'd JOHN BULL, OR, An Englishman's Fire Side. To which will be added a COMIC OPERA, call'd THE POOR SOLDIER. The doors to be opened at half past 5, and the performance to commence at half past 6 precisely. Admittance One Dollar. Persons of colour will find their seats within the division of the upper boxes. March 18. 508
THIS DAY will be landed from on board the schooner Hamlet, A choice parcel of fresh New-York BUTTER, in small kegs, and a few casks SCOTCH BARLEY, which will be sold low if immediate application be made to JOHN BROWN, Rothery's Wharf. WHO OFFERS A FEW CASKS OF Old Cognac BRANDY, and London particular WINES, in pipes, hds. and quarter casks, very low. March 18. 508
NANKEENS. 200 Pieces YELLOW NANKEENS. For sale by MARTIN FISK. March 18. 510
J. & W. SOUTHGATE, HAVE removed from the Store they lately occupied to the one on the South West corner of Main and Commerce Streets, where they have on hand, an extensive assortment of almost every article suited to the season, and which are offered for sale, wholesale and retail for cash, barter for country or West-India produce, or on short credit. A few casks London PORTER. March 18. 511
FOR CHARLESTON OR SAVANNAH, THE Sloop ARRLY, Joseph Sturges, Master: For freight or passage, apply to the master on board, or to
DANIEL R. WADDEY & CO. WHO OFFERS FOR SALE, 150 Barrels Prime PORK, New-York inspection. 10 Hds. 3d proof Antigua RUM. 10 do. N. E. do. 10 do. SUGAR—Brown, second quality. 2 do. do. do. first do. 12,000 lbs. Prime Green COFFEE. 200 Brels TAR. And a few barrels PITCH and TURFENTINE. March 18. 504
FOR ISLE OF RHE, And thence to Bourdeaux or Nantes, THE SHIP JENNY, Richard Ward, Master: Now loading and expected to sail by the first April. Coffee and light freight will be taken on moderate terms, and a few Passengers can be accommodated. Apply on board at Wheeler's Wharf. March 18. 505
ALL Persons to whom my Son ARTHUR LEE, is indebted, are requested to make known their claims to RICHARD E. LEE. March 18. 507
ALL Persons having accounts against the Ship St. Salvador, are required to bring them in, on or before the 20th inst. JAMES HERRON. March 18. 509
NOTICE. THE Subscribers to the Life of Washington, may receive the 3rd volume, by applying to the subscriber, who has received new copies of the 1st and 2nd volumes, which those that are not supplied may have on application to J. TUCKER. March 18. 512
NEW CUT-NAIL MANUFACTORY, ON TOWN POINT, A small distance below County Wharf, Wide Water Street.
THE Subscriber has, at a considerable expense, fitted up, in addition to his other business, a complete set of machinery, adequate to finish 500 to 600 lbs. of Nails daily. He is also provided with a good stack of Iron; and with a sufficient number of skilful workmen. He has on hand, an assortment of NAILS, BRADS, SPIKES, &c. At the following prices: 8d, 10d, 12d, 20d, Nails, 21 per lb. 6d, do. 10 1-2d do. 4d, do. 3s. per M. 3d, do. 2s 7 1-2d do. 8d, 10d, 12d, 20d, Brads, 91 per lb. 6d, do. 4s 6d per M. 4d, do. 3s do. 3d, do. 3s do. Sheathing Nails, 9d per lb. ALSO—HOOP AND BAR-IRON ASSORTED. LEVIN DORSEY. March 18. 509
CITY OF JERUSALEM. A MODEL, in Wood and Wax, of that ancient and original City, as it stood when our Saviour died upon earth, and as Josephus has described it, when it stood in its primitive state. The principal transactions of our Saviour, from the time of his being taken until his Crucifixion. The glorious Temple of Solomon, with all its wonderful outworks, the fame of which, together with the amazing wealth and grandeur of King Solomon, drew Sheba, Queen of the South, to visit him at his Court, to behold its amazing wonders, and on sight of them confessed that fame fell short of what she beheld, as it far exceeded her expectations. This famous model being so well known in the United States, as well as in the West-Indies, and being the production of an American artist, is allowed, by all who honour it with their company, to be a master-piece of workmanship, so that a further comment is deemed unnecessary. The whole of this work is comprised in 16 feet by 9, and may be seen at the house of Mr. Dayton, head of Commerce Street, at the small price of 50 cents for grown persons, (half price for children) from 10 in the morning till 3 in the evening. March 4. 468

PROPOSALS
For Printing by Subscription,
THE ASSEMBLY'S MISSIONARY MAGAZINE;
OR
AN EVANGELICAL INTELLIGENCER,
Published under the patronage of the General Assembly of the Presbyterian Church in the United States of America.
BY WILLIAM P. FARRAND,
Appointed Editor of the Work.
CONDITIONS.
The numbers of the Evangelical Intelligencer , shall be published monthly; on the first of each month, for the month preceding.
Each number shall contain about 50 8vo. pages; and each twelve succeeding numbers shall contain not less than 600 pages.
The printing shall be handsomely executed on a fine paper, and the execution and paper shall be such as to make neat uniform volumes.
The price to subscribers will be 25 cents per number. The first number to be paid for at the time of subscribing, and the succeeding ones to be paid for as delivered.
Every subscriber shall be at liberty to send his numbers to the Editor, to be half bound, or bound in any manner he chooses, and be charged after the rate of binding by the binder.
N. B. This work is established, as above noticed, under the patronage of The General Assembly of the Presbyterian Church, in the United States of America : the numbers are published on the first of each month for the month preceding: the first number, now ready for delivery at Philadelphia, is ornamented with an engraved portrait of the Reverend Doctor J. WITHERSPOON; the second will be embellished with that of the Reverend Doctor S. FINLEY.
Communications and Subscriptions thankfully received by the Editor, No. 185, Market Street Philadelphia; or for his use, by Geo. L. Gray, at the Office of the Public Ledger, Norfolk.
PROSPECTUS.
The General Assembly of the Presbyterian Church, at their sessions in May, A. D. 1804, resolved—"That it be recommended to the standing committee of missions to publish a Periodical Magazine, in order to communicate to the people, such religious information as may be interesting and useful; to take early measures for obtaining subscriptions for said Magazine; and pay the profits into the funds of the Assembly."
The standing committee of missions, who now address the public, gave an early and serious attention to the subject of the above recited recommendation. Numerous obstacles, however, not here to be specified, withstood their wishes, and prevented, till lately, the execution of the work with which they had been charged. At length these obstacles have happily been surmounted, and the committee are now to call the attention of the religious public to
THE ASSEMBLY'S MISSIONARY MAGAZINE;
OR AN
EVANGELICAL INTELLIGENCER,
Published under the patronage of the General Assembly of the Presbyterian Church, in the United States of America.
It is incumbent on the committee, to state the design and nature of the intended publication, and to solicit, in its behalf, that assistance and encouragement which are essential to its usefulness and permanent establishment.
The design of the work is, in the first place, to promote the religious edification of the readers; and in the second, to increase the funds of the assembly, destined to the support of missionaries and the purchase of books of piety, for gratuitous distribution among the poor; to which funds, after defraying the expense of the publication, the whole pecuniary income from the Magazine will be constantly added. In both these ways it is hoped and believed that the interests of vital Godliness may, in the end, be materially advanced. If the personal religion of the readers of the Magazine shall be promoted and animated, not only will piety be augmented by this effect produced on their own minds, but also by the effect which will result from the ardent desire they will feel, and the strenuous exertions they will make, to extend and propagate evangelical truth among those who have never as yet felt its influence: and if the success of the undertaking shall equal that which works of a similar kind have elsewhere obtained, the Assembly will shortly be enabled to employ double the means which they now possess, for sending the gospel to those to whom at present it has little or no access; to the Indian of the wilderness, to the depressed African, to the remote settler on the frontier of our country, and to the poor in many other parts of their extensive bounds. These surely are considerations of the most interesting kind; considerations which powerfully address themselves to the conscience and the heart of every individual who loves his Saviour, or who knows the worth of an immortal soul.
That the important objects in view may be obtained, the committee are deeply sensible that all the spirit and the force which they can excite and enlist, and all the prudence and vigilance which they can exercise and employ, will be indispensable, in the enterprise before them. They are resolved, however, not to seek popularity by any questionable means; persuaded that it is only the truth of God that he will be likely to bless, or that the friends of genuine piety (to whom under God they principally look for patronage) will countenance and approve. It is, therefore, unalterably determined that the Magazine shall realize in its characters the import of its title; that it shall be truly evangelical ; a repository for the distinguishing truths of the gospel, a record of their effects, and an instrument for their extension.
At the times of the glorious reformation, the great principles of the gospel were, by the reformers themselves, reduced to system; in all the leading parts of which they were remarkably agreed. These principles, from the time and circumstances in which they were connectedly set forth, and generally embraced by the protestant world, have received a descriptive appellation. They have been called the doctrines of the reformation . The doctrines which have not only been owned of God for the consolation and progressive holiness of those who have cordially embraced them, but in their being remarkably, and almost exclusively blessed, for the conversion of the ungodly, wherever they have been faithfully preached or otherwise judiciously explained and inculcated.—Of these doctrines there may be, and there have been, some modifications and retrenchments, without destroying or excluding their essence. But the more purely and fully they are taught, the greater, commonly, is their salutary operation. They compose the creed of that church of which the General Assembly is the supreme judicatory, and every thing manifestly inconsistent with them must be precluded from the Magazine. It will, notwithstanding, be fully understood, that a ready admission will be given to all discussions which will bear the test that has now been specified, from whatever church, or sect, or denomination of christians, they may come; and without regard to any peculiar terms, or phrases, or expressions, which are the mere symbols or watch words of a party.
The right of correcting the pieces which are sent for publication, is one which the committee will feel that they possess and will be bound to exercise. Yet they will, of choice, use it as little and as seldom as may be necessary: and when it shall be stated by any writer that what he sends must either be admitted without correction, or else wholly refused, the injunction shall always be strictly regarded, and, when requested and practicable, the article shall be returned.
It is not easy to give a full and correct description of all the kinds of matter that may properly and profitably be admitted into such a miscellany as that which is contemplated. Every thing that shall appear calculated to promote the great ends of the work, under whatever denomination of composition it may be classed, will be carefully sought for, thankfully received, and readily inserted. Variety, however, must, as far as possible, be always consulted. Not that each number of the Magazine can at all times comprehend the same number of subjects; for now one article, and then another, must necessarily be so extended as to forbid such an arrangement: but care will be taken to give each subject its due measure of room and attention on the whole, so that sameness may not cloy the reader, nor persons of different taste have reason to complain that they are not gratified. The articles which are expected most frequently and generally to appear, are the following:
1. Discussions of a religious and moral nature , calculated to elucidate or enforce some useful or important point, and in most instances of an obvious practical tendency. Such discussions must usually be short, but in certain cases where length is necessary, they may be divided into parts and extended through several successive numbers.
2. Short expositions, improvements, or applications of passages or portions of holy writ . These are often highly useful: and the committee trust that among their correspondents they will number some biblical critics, some "mighty in the scriptures," and many who are able to give striking and attractive illustrations of certain parts of the sacred volume; and that such persons will often gladly embrace the opportunity to enlighten the minds and warm the hearts of their fellow christians, by the communication of knowledge and sentiment, in this department of the Magazine.
3. Selections from other miscellaneous and books of piety . It is hoped, indeed, that a large proportion of each number of the intended work, will be made up of original composition. But were it practicable, it would certainly not be expedient, to exclude every thing that has before been in print. Many periodical works, of a nature resembling that proposed, are constantly issuing from the press, both in England and the United States. They have deservedly attracted much attention. It will have become so numerous that there are many individuals who can neither afford to purchase nor find time to read. The best pieces will be carefully selected from these journals, whether printed at home or abroad, so that the readers of the Assembly's Magazine may, without looking beyond it, be sure to have the marrow of all similar publications. It is especially intended to endeavour to embody and condense all the missionary intelligence contained in other productions, so as to present a correct general view of the state of missions in every part of the world. This it is known will be extremely grateful to many pious christians, who, as they are certainly praying for the prosperity of Zion, cannot but be anxious to know what are her prospects, and into what new regions her boundaries are extending.—Short extracts, also, from other publications than Magazines, and perhaps the whole of some brief tracts of distinguished excellence, especially if they be of recent date, may occasionally appear. It is fully realized that the execution of what is proposed under this particular will require much labour; but the committee have been so fortunate as to engage an editor, whose talents and diligence, with such assistance as they may be able to afford, will, they think, insure a satisfactory management of this arduous part of their work.
4. A particular account will be given of the missions which are conducted by the Assembly . The importance of this item, in connexion with some considerations already stated, determined the committee to adopt the title under which their publication is to go forth to the world. Narratives of all the missions appointed by the General Assembly and executed under their order, are drawn up, annually, by the missionaries themselves. They are often very interesting and instructive, but are commonly of such length that they cannot be printed with the yearly extracts, nor be even read to the Assembly. Hitherto they have served little other purpose than to edify the members of the committee, and enable them to ascertain the prudence, zeal, fidelity, and success, of those whom they have employed. But as they ought to be made publick, were there no other ends in view than to direct and encourage the efforts of future missionaries by the example of those now in the field of labour, and to gratify those benevolent individuals who have liberally contributed to support them in their work, so there is this additional inducement, that these accounts will probably have a direct and powerful influence on many readers, in cherishing and strengthening some of the most important principles and dispositions which the gospel teaches and enjoins. A very considerable fund of original materials here offers itself to the committee, to which none but themselves can have access.
5. The Evangelical Intelligencer , will, in part, make good its claim to this appellation, by giving as much information as possible relative to all appearances which indicate the progress of vital piety, or what, in this country, have usually been denominated revivals of religion . Such information, always commands the most earnest attention, and gladdens the hearts of those who know that true religion consists, not merely in excellent forms, an orthodox creed, and a reputable deportment, but demands, as indispensable, the transformation of the heart—a personal cordial acceptance of the Lord Jesus Christ as freely offered in the gospel, and as the whole foundation of the sinner's hope. To obtain the intelligence here referred to, an extensive correspondence will be necessary, and a careful attention to casual information. But the committee contemplate with pleasure one advantage that will be peculiar. For several years past the General Assembly have required annually, from every member composing that body, a distinct account of the state of religion, within the circle of his personal observation. By taking accurate minutes of these narratives, it will be easy to present a pretty just view of the state of religion from Canada to Georgia.
6. Biographical sketches of eminent christians will frequently be exhibited. These are well calculated both to entertain and edify the practical believer, who, in pursuing his christian course, is sometimes better directed and more encouraged by a single example taken from real life, than by many abstract and general instructions. An Obituary will also find a place, in which the instructive circumstances, attending the deaths of those who have departed in the faith, will be duly noticed.
7. Anecdotes of a moral and religious kind will occasionally be given. They often strike with force, and remain on the mind; and sometimes they produce the most lasting and beneficial impressions and effects.
8. Poetry is an article seldom omitted in any miscellany. Sacred song constitutes the oldest and the sublimest poetry with which the world is acquainted, and it is still the delight of every devotional mind. It is hoped that the pious readers of the intended Magazine will sometimes be favoured with original verse, which shall breathe the sentiments of their souls, and in which their praises may ascend and mingle with angelick strains.—Selections from the most approved and recent write must supply the deficiency of original poetry.
9. The ordination and installation of ministers, and the formation of new congregations , will be noticed. Such notice will not only be gratifying to the parties
immediately interested, but useful to all who desire to know the state and progress of christian establishments.
10. A list of religious publications will frequently be inserted in the magazine. This must be particularly useful to those whose situation does not easily permit them to know what books of merit are, from time to time, claiming the attention of the publick. For want of this, a most valuable work may never be possessed or heard of by some who, had seasonable information been given of its character, would have gladly purchased and profitably perused it. When any new book or pamphlet is confessedly and eminently meritorious, its character will be announced. Farther than this the committee dare not pledge themselves at present. They have it under consideration, indeed, to give a general review of religious publications in this country. But a decision on this point will depend on circumstances yet to be ascertained.
11. A small portion of the magazine will be set apart for the insertion of questions relative to passages of scripture and important points in morals and religion . There are many who can, and some who wish to ask questions which they cannot themselves answer.—By doing it they may invite disquisitions useful to themselves and others. Men are sometimes induced to write on a question, on which they are conscious of a ripeness and readiness of thought, when they would have remained wholly silent if the question had not been proposed.
A statement is now before the reader of the design and nature of the Assembly's Magazine, and of the subjects of which it will be a repository, or on which it will contain discussions or give information. On a review of the whole, the committee are ready to ask, what friend of evangelical piety there is, to whom this prospectus shall come, who cannot, and who will not assist them; either by furnishing materials for the work, or by the purchase and patronage of it! To the promotion of a cause, dearer to every real christian than all earthly considerations, the publication is entirely consecrated. From such as are already engaged to afford their whole stock of aid, both intellectual and pecuniary, to works of a similar kind, it would not, indeed, be right to expect any thing beyond the expression of their favourable opinion and their friendly recommendation. But from all who are not excused by this consideration, and who fall within the designation given, it would seem to be reasonable that the committee should look for direct and effective support.
A constant accumulation of suitable materials for the Magazine will be the great desideratum, on which its very existence will depend. A monthly publication of fifty pages is a mouth that consumes much food. Large and renewed supplies are necessary to satisfy its reiterated demands: and if the supplies be not rich and various, as well as large, leanness or distortion will soon be complained of, and death will speedily follow. To drop the figure, no miscellany destitute of inherent excellence, however laudable its design, will long be endured. It must deserve the encouragement which it can rationally hope to receive. To give the Assembly's Magazine a well founded claim to the publick regard the committee have considerably resolved that no efforts of theirs shall be spared: and for their assistance, they here bespeak and intreat the contributions of all who can throw in any thing, however small, to keep up the fund on which their draughts must be made. To this, the possession of much literature will not, in all cases, be necessary. By looking over the articles enumerated, it will appear that any man of plain sense and a little education, will often have it in his power to furnish matter that will be extremely useful, particularly in regard to facts of which he may possess a personal knowledge.
But to those who possess both piety and learning, and especially to the ministers of the gospel, the work must be principally indebted. Such persons it is known, can easily support it if they will; and the presumption seems to be strong that the will cannot be wanting. Manuscripts already exist in their possession, from which, if the best and most suitable parts were extracted, a very extensive collection of materials, would immediately be formed. And, without violating christian charity, who can suppose, that men who have consecrated their all to the Saviour, will refuse, in his service, the transcription of a few paragraphs, or the time and exertion occasionally necessary to compose a few new ones?
In obtaining subscriptions to the Magazine, receiving the numbers for subscribers, and assisting in the collection and transmission of the monies that shall become due, it is surely not too much to count on the active co-operation of all the ministers, and many of the members, of the Presbyterian Church. They are, in fact, equally concerned with the committee in the success of this work; and it is not to be supposed that many of them will withhold from it a service comparatively so small.
The Editor and Publisher is MR. WILLIAM P. FARRAND, No. 185, Market-street, Philadelphia, to whom all communications must be made, and whose intimations in all matters relative to the Magazine must be considered as authorized and decisive.
Now to the TRI-UNE GOD, on whose blessing every human undertaking ultimately depends for success, the committee humbly and fervently commend this, in which, with views to the promotion of his glory, they trust they have engaged.
Samuel Blair, } Standing Committee Ashbel Green, } of Missions under Philip Milledoler, } the General Assem- Jacob J. Janeway, } bly of the Presby- Elias Boudinot, } terian Church in Ebenezer Hazard, } the United States of Robert Smith, } America. Philadelphia, February 26. 479
COW-POX.
THOSE persons who wish to avoid catching the Small-Pox which now exists in this Borough, are informed that the subscriber has again succeeded in introducing the Vaccine Infection, and that he now has several arms fit to inoculate from.
** He has returned to his old shop at the lower end of the new market.
George Balfour.
An APPRENTICE wanted. Nov. 16. tf 395
FOR SALE, LOGWOOD AND MAHOGANY. Just received per the Schooner Delight from Honduras, viz. 26 Tons LOGWOOD. 3000 Feet MAHOGANY in LOGS. 2500 do. do. PLANK. Of very superior quality.—Apply to JOHN GRANBERY. March 11. 4w 484
FRESH RAISINS.
A FEW TRALS OF FRESH RAISINS AND FIGS. For Sale by MARTIN FISK. January 11. tf 336
WE HAVE FOR SALE, 1,000 Barrels TURPENTINE. 1,000 do. TAR. 100,000 Red and White-Oak Hhd. STAVES—and 8 Pipes of BRANDY. Gilliat & Mackinder. November 5. tf 422
NOTICE
THE CO-PARTNERSHIP OF FISK & STEARNS,
Ceases this day, in consequence of the death of Mr. STEARNS. All those that have claims against the said firm, are requested to present them to the subscriber, the surviving partner, and receive their money. And all those indebted to the said company are requested to come forward for the immediate adjustment of the same, as no indulgence can be given. MARTIN FISK.
Who informs his friends and customers, that he has returned to his former stand, where he offers
FOR SALE,
 50 Barrels new Beef, Boston Inspection .  20 Hogsheads First Quality Sugar.  20 do. Second do. do.  Loaf Sugar, in hds. and bbls.  12 Pipes Bourdeaux Brandy.  Madeira, Port, and Malaga, Wines, in pipe and quarter casks.  20 Cases London Porter, 6 doz. each.  20 Chests Hyson, Young-Hyson, and Hyson-Skin Tea— Press .  60 Boxes Fresh Chocolate, No. 1 and 2.  50 do. Mould Candles.  50 do. Dipt do.  50 do. Spermaceti do.  150 do. Brown Soap.  50 do. Cheese, first quality, for family use.  50 Casks do. in good shipping order.  50 Boxes Dixon's best Mustard, 3 dozen each.  6 do. Glass Tumblers.  50 Kegs Butter, for family use.  200 Reams Wrapping Paper.  100 do. Writing do.  150 do. Printing do.  150 Casks Wrought Nails, 4d. 6d. 8d. 10d. 12d. 20d. and 24d.  50 do. Cut do. 4d. 6d. 8d. 10d. and 20d.  6 do. Flooring Brads.  Tacks of different sizes.  30 Bags of Pimento.  15 do. White Ginger in the Root.  50 lbs. Nutmegs.  10 do. Mace.  40 do. Cinnamon.  30 do. Cloves.  100 do. Spanish Float-Indigo.  10 Casks Refined Salt-Petre.  Cotton & Wool Cards in Boxes.  3000 lbs. Copperas.  1000 do. Allum.  500 Bags Patent Shot.  50 Keys F & FF London Glazed Powder.  15 M. Gun Flints.  100 Boxes 8 by 10 London Crown Glass, 50 feet each.  50 Bolts Oznaburghs.  Seine Twine.  50 Kegs London White Lead, ground in Oil.  30 Boxes Tobacco Pipes.  Paint and Sweeping Brushes, of all kinds.  100 Sides Seal Leather.  20 dozen Calf Skins, Grain and Waxed.  10 do. Boot Legs, of the best quality.  Morocco-Skins of all kinds.  1 Trunk of Gentlemen's London made Boots.  1 do. do. do. do. do. do.  2 do. Ladies Fancy and White Kid Slippers.  20 do. Mens and Womens Leather and Morocco Shoes.  150 Italian Straw Carpets.  100 Small Nova-Scotia Grindstones. 
ALSO, A few gross Hot Pressed Playing Cards, of a superior quality. Nov. 12. tf 256
ROBERT MAITLAND & CO.
Have moved to their new Fire Proof Warehouse, on Commerce Street, where they have for sale, Old London Par. Madeira WINE, in Pipes Hogsheads and Quarter Casks. Holland and Country GIN, in Pipes. French BRANDY, do. Loaf SUGAR, per Hogshead. New-York Prime PORK, &c. &c. January 30. 2m 519
NOTICE.
HAVING given Mr. STEPHENS PARHAM, a concern in my Business, the Firm in future, will be PHINEHAS DANA & Co. January 2. tf
PHINEHAS DANA.
NOW LANDING
From on board the Brig Maria, Robert Batson, master, from Bordeaux, 30 Pipes Old COGNAC BRANDY, fit for immediate use. 211 Hds. CLARET, fit for the West India Market. 100 Cases, do. do. 50 do. Vin de Grave. 500 DEMJOHNS. 4 Trunks of Silk Stockings, Silk and Kid Gloves and Fans. For sale by William Pennock. Sept. 1. tf 115
FALL AND WINTER GOODS.
THE SUBSCRIBER
Has received by the Brig COMMERCE, from London, and Ship BRUTUS, from Liverpool, A GENERAL ASSORTMENT OF FALL AND WINTER GOODS, which he offers for sale, by Wholesale or Retail, on moderate terms. Richard Taylor. ALSO—A FEW BALES BEST TWILLED SACKING. Sept. 22. tf 150
NOW LANDING
From on board the Schooner LYDIA, Capt. Livingston, from Antigua 116 Puncheons RUM. For sale by William Pennock. WHO WANTS TO PURCHASE, RED AND WHITE OAK STAVES—and 22 INCH SHINGLES. November 5. tf 122
WE HAVE FOR SALE,
650 Barrels Fine, } FLOUR—Haxall's Brand. 350 do. Superfine, } ALSO, 100 Barrels SHIP STUFF, and a quantity FRESH MEAL, in Bags and Barrels. J. & W. SOUTHGATE. February 11. tf 402
WINDOW GLASS.
I have just received for sale, from the Baltimore Manufactory, 34 BOXES WINDOW GLASS. 8 by 10—9 by 11—12 by 14—10 by 12—and 12 by 14. And shortly expect a large supply of all sizes, commonly used here. The quality of this glass is good, and the prices will be found low. Apply to JOHN C. NIEMEYER. December 23. tf 315
NORFOLK:
PUBLISHED THREE TIMES A-WEEK, BY J. COWPER AND G. L. GRAY. OPPOSITE THE EXCHANGE COFFEE HOUSE. Price Five Dollars and Fifty Cents yearly, in advance.