Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1807-07-03 00:00:00

Berkeley and Jefferson Intelligencer.
[No. 7 OF VOLUME IX.]
FRIDAY, July 3, 1807.
[WHOLE NO. 423.]
FROM THE VIRGINIA ARGUS.
TRIAL OF COL. AARON BURR. [CONTINUED.]
Present JOHN MARSHALL, chief Justice of the United States.
And CYRUS GRIFFIN, judge of the district of Virginia.
Debate on the motion for a Subpoena Duces Tecum.
Wednesday, June 10.
An affidavit was drawn up by Mr. Burr, stating that certain papers in the possession of the president might be material to his defence; which affidavit is in the following terms:
AARON BURR, } Court of the U. S. vs. } 5th Circuit & Dis- UNITED STATES } trict of Virginia.
AARON BURR maketh oath, that he hath great reason to believe that a letter from gen. Wilkinson to the president of the U. S. dated 21st Oct. 1805, as mentioned in the president's message of the 22d January, 1807, to both houses of congress, together with the documents accompanying the same letter, and a copy of the answer of said Thomas Jefferson, or of any one by his authority to the said letter, may be material in his defence in the prosecution against him—and further, that he hath reason to believe that the military and naval orders given by the president of the U. S. through the departments of war and of the navy, the officers of the army and navy, at or near the New-Orleans stations, touching or concerning the said Burr, or his property, will also be material in his defence.
AARON BURR.
Sworn to in open Court
the 10th June, 1807.
W. MARSHALL, Clk.
This affidavit being read,
Mr. Hay begged leave to notice to the court and the opposite counsel, that in conformity to the intimation which he had yesterday given, he had addressed a letter to the president, mentioning the motion which was to be made this day, and suggesting the propriety of sending on the papers required, but reserving to himself the right of keeping these papers by him, until the court should see and determine their materiality. He hoped that in five days at least the papers would be in his possession; he should however object to the affidavit produced, and even to the right of col. Burr to make any such motions at the present time.—That this was a preliminary question, which he would wish to be first determined; whether any man standing in col. B's situation had a right to make such a motion. The fact was, if these papers should ever come to hand, they would never go out of the hands of the court; for he was satisfied that they could not be material in the present case, from the substance of one of these very papers, which was already in his possession.—He wished not to waste the time of the court; there were however several preliminary points which he should be obliged to submit to their consideration; and before this discussion could be ended, the papers would be here. He confessed that he was extremely unwilling to enter into any discussion on these papers.—Gentlemen might take it for granted, if they pleased, that he felt a disinclination to furnish them with these papers; there was none such. These gentlemen ought themselves to have applied for them; for he was satisfied from the character of the government, that every necessary paper would have been cheerfully supplied; he had no doubt the court and even the opposite counsel, would individually acquiesce in the same opinion. He trusted that the present motion was not made to show the talents of gentlemen; he assured them, that if gen. W. should come, they would enjoy such a splendid opportunity to their heart's content; he intended to cast no reflections upon the counsel personally; but requested them once more to deliberate upon his propositions.
Mr. Martin would assure the gentleman that there was no need for further deliberation. It is strange that this gentleman should so much complain of the consumption of time, at the very mo-
ment when he speaks of the long period which he should require for this discussion, and the great many preliminary points which he should have to settle.—The gentleman said Mr. M. has warmly spoken too of certain impressions; and even of our own: but I trust that he will leave it to ourselves to declare our own impressions; it is impossible for that gentleman to search our hearts; and sure I am that nothing has ever yet fallen from us to justify the elevated eulogies upon the government, which he has been kind enough to attribute to us.
Mr. Wickham observed, that Mr. Hay had promised the appearance of these papers; and for what is this subpoena duces tecum required? Not to bring the president here; he is not wanting; but to obtain certain papers, which he has in his possession. What then is the effect of this process, but to produce the very result which Mr. Hay promises? As to the objection that a part of these papers is confidential, would it not be easy to make an endorsement on such, as the president would not wish to go out of the court? Mr. H's promises, however, may be unavailing; at Washington they may entertain views very different from his own. As to the opportunity of displaying talents, nothing would be better calculated to defeat that object, than for the attorney for the United States to give his consent, that process should issue.
Mr. Hay observed, that he had not distinctly heard the gentleman; he thought, however, that he had heard the word "consent;" but he would assure that gentleman that he had not consented, and never would consent to such a proposition.
Mr. Martin then rose to open the motion; when some desultory discussion ensued upon the order of proceeding. Mr. Hay contended that this question was premature, that the preliminary question ought first to be settled, whether col. Burr did stand in such a situation, as to entitle him to make this motion: If the court pleased, he would state the grounds on which he himself denied the existence of such a right.
The Chief Justice decided that Mr. Hay might state his objections. Mr. H. then proceeded.
The motion now made by Mr. Burr, as far as he could understand it, was to obtain a subpoena from the court (or rather from the judges sitting there) to the president of the U. S. to attend this court with an original letter from general Wilkinson to the president of the U. S. and afterwards referred to by him in his communication to congress of January 27th.—He contended that this motion was premature. Colonel Burr was not authorised by any legal precedents or by the statutes of this or any other country, to demand legal process for obtaining witnesses, whilst he remained in his present situation? He had been committed for a misdemeanor, and recognized to appear before this court: And in consequence of this recognizance he is now present. The court would recollect that no bill had been found, that no bill had been sent up to the grand jury. And all that can be said is that col. Burr is present from a previous recognizance for a misdemeanor; in this situation col. B. applies to the court for compulsory process or rather a subpoena Duces Tecum to the president of the United States commanding him to attend with certain papers; that if he does not attend, or the papers are not produced, the court may then issue an attachment against him. Now I contend said Mr. H. that no individual charged with a crime has any right to legal process until the grand jury have found a bill, and the prosecutor has announced his intention to proceed. Gentlemen will please to point out in the constitution, in the laws of congress or in the common law, the smallest right for making this motion.—They will in vain search for a precedent in the various and complicated materials of the common law. The acts of congress supply them with no authority, and there is nothing in the constitution, which in the least relates to this subject; except the 8th amendment which most obviously refers to a very different stage of the prosecution from this, "In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, &c. &c."
&c. to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence." Will gentlemen contend that this clause relates to any of the preliminary steps, of the prosecution, before the prosecution is itself commenced by the finding of a bill? This clause was never intended for any of the preliminary steps: for the arrest, the transportation, or the examination of the accused.—Its object was to secure to every man the benefit of a "fair and impartial trial;" not on the examination before the examining magistrate, but on the trial; and the trial itself is always held before the petit jury. When the trial commences it is then that the accused is to be confronted with the witnesses against him; it is then that he is entitled to compulsory process for obtaining witnesses in his favor, it is then that he is to have counsel for his defence. It is true sir that in the first stage, (this incipient stage as it is called in fashionable phrase,) it is true Aaron Burr has already not only one counsel but four;—and not only counsel in this district, but celebrated counsel from other states.—It is true that the clerk of this court has already issued subpoenas; but these subpoenas were gratuitous; and had they been refused here would have been no law to compel him to grant them: but what do all these circumstances prove?—That A. B. has any authority at this stage of the business to make his present application to the court? And even let us suppose that they have obtained what they require. Let us suppose that this subpoena has been issued; that the president, himself is here; that he is to be called before this court from Washington, where national concerns of such deep weight and importance are intrusted to his guidance.
Mr. Wickham begged leave to interrupt the gentleman. This was not in fact a subpoena for the president himself, but only for certain papers.
Mr. Hay. Even that supposition does not remove the prematurity of the present motion. I was about to ask, sir, what is to be done with these papers, if the president himself should be here with these papers in his pocket. I will say nothing of the manifest and many inconveniencies which would attend his absence from the seat of government. What would be done with these papers? The gentleman cannot answer this question. I only am competent to answer it. And why? Because no kind of use can be made of this evidence, until the grand jury have found their indictment; until I have laid my bills before them. Will gentlemen however, go on upon such calculations; that the bills will be sent up; and that they will certainly be found true bills? If gen. W. comes, and that he will I entertain no doubt from the intelligence which I have heard this morning, the prosecution will certainly progress; and in that case only, can these papers be wanted.
There is another little difficulty in this case. When is this process to be made returnable? Some day must be named. But can the court name any day, when the witnesses or the papers shall be wanted? Do the records of this court indicate any particular day, when the trial is to commence? Sir, such a nomination would be completely arbitrary. Let an indictment be first found; let a day be first set for the trial; and on that day might this process be returnable. But, sir, even if a day could be fixed on, it does not appear, that this testimony will be wanted during this term. It depends upon the arrival of general Wilkinson; It literally depends upon the winds and the waves. The very language of the process confirms this argument. How could the evidence be heard, before the accused is put upon his trial? Perhaps it may be said, that this evidence may be wanted, in case we repeat the motion for committing A. Burr for high treason; and which we shall certainly attempt if gen. W. does not make his appearance. On this point two remarks only are necessary to be made. The first is, that no such motion is actually before the court; and further, if any such motion was made, the court would have no right to issue process, before the commencement of the trial. The court has no more right
for this purpose, than an individual magistrate would have; and in fact it was only a few days past, that the court did actually consider themselves placed in this very situation. Now if such an application had been made to your honor out of doors; is there any law in America or in any part of the civilized world, to postpone the examination, until a subpoena has been granted? It is true that evidence on both sides has been sometimes produced; but this took place when the evidence happened to be present; and there exists not a simple precedent in all the annals of jurisprudence, where the course of an examination has been suspended, by an application for subpoenas, and the waiting for the witnesses. The present motion therefore is manifestly premature. Mr. Hay confessed that his object was to save time; he had no doubt that the documents would be forwarded in a much shorter time than they could possibly obtain them by this process. Why were they not sooner applied for? True it is there has been some correspondence between Mr. Randolph and Mr. Smith, about an order from the navy department: but never before yesterday was the materiality of gen. Wilkinson's letter suggested, altho' that letter had been publicly known to exist, as long ago as the 27th of January. The accused knew this; his counsel knew it; & yet they never stated its materiality.
Mr. Burr addressed the court, and observed that this was perhaps the most proper time for renewing the motion which he had some time ago made to the court, about giving more specific instructions to the grand jury on certain points of evidence. These points he had reduced to writing in the form of abstract propositions, which he would take the liberty of reading to the court:
The following is a list of those propositions, with the authorities cited to support them.
1. That the grand jury cannot consistently with their oath, find a bill except on such testimony as would justify a petit jury to find the prisoner guilty.
Foster 332 sec 8 3d Institute 27; 2d Institute 384; Dalton 519; judge Wilson's works, vol. 2d. 364; T. W. William: justice 3d vol. printed 1794; 3d Sae F. 416 420 and sir John Hawle's observations, 4 S. T. 183; 4th Black. 302 to 306; 2d Hale chap. 8 page 61; Wilson's edition with Wilson's note; 2d Hale chap 22 page 157 with Wilson's note; 2d Hall chap. 22 page 169 with Wilson's note, Eunomo's D. 2d sec. 39 page 124 5 6; state T. page 3; Foster, page 232 sec. 8.
2. That no testimony or witnesses ought to go to the grand jury but what are legal and competent to support the charge about which the enquiry is made. Danby's case, Leech 443, chap. 187; Dodds case Leech 59 chap. 77; commonwealth of Virginia vs. Hopkham, Wales and Daws before the C. court at Williamsburg.
3. That the grand jury cannot return a bill for treason for levying war against the U. S. unless they have two witnesses who swear to the overt act of the treason laid in the indictment; both which witnesses are believed by them. Easts Crown Law chap. 2d sec. 64. That both must be believed, 3d State Trials page 56.
4. That there must be two witnesses to the grand jury of each overt act, follows also as a consequence from the former position, that they must have such testimony as would be requisite for the Petit Jury.
5. That the Grand Jury cannot find a bill for treason in consequence of any confessions made, though proved by two witnesses. Foster 241—3 4 Black. Constitution of the U. S. Article 3. Sec. 3—Graydon's Digest 11—Judge Iredell's charge—Fries's Trial 171—172 v Eash 96 97.
6. That as the grand jury only hear evidence on the part of the state, if upon that evidence they entertain a doubt of the truth of the charge they ought not to find the bill, as the presumption is ever in favor of innocence. 1st. M'Nally 2 to 6.
7. No act of a third person can be given in evidence against the accused to prove him guilty of treason, or of a misdemeanor.

or under the law of the 5th June 1794 unless that act is proved to have been committed by the advice, command, direction, or instigation of the accused, if done in his absence or if done in his presence unless it be proved that the accused was aiding or assisting.
An act shall bind a person connected with the act, but the declaration shall not bind him because no part of the act.
M'Nally 615 to 616.
8. The declarations of others cannot be given in evidence on the present enquiry to support the charge of treason or of a misdemeanor under the act of congress 15th June, 1794, unless it be proved that the accused was present and assented thereto.
East 96—in case of conspiracy confessions good against him who makes them but not against others. Peake B. Confess, Peake 7 Housay—Kelyng 18th M'Nally 40-41. confessions of one cannot be read against others.
3d State Trial 574.
A relation of what had been done no evidence.
M'Nally 616.
Declaration of others is not evidence.
4 State Trial 192-196.
6 State Trials 218 in the presence of others they acquiescing.
M'Nally 621.
Mr. Hay opposed this proceeding. He contended that the court had no right to give specific instructions to the grand jury, after they had been once generally charged by the court; that such a course was contrary to all law and all precedent, that not a single instance could be quoted to support it; and that there were cogent and in this instance particular reasons, why criminal prosecutions should be suffered to progress without these interruptions. He further contended, that the Chief Justice had anticipated such a situation; and that the language in his charge clearly indicated his expectation that bills would be laid before the grand jury on the ground of treason; and that under this expectation, the Chief Justice had dilated on the nature of treason, and given all the information which he thought material: that there was no reason at all, why A. Burr should enjoy greater privileges than any other man; why he should rake up all the old, musty and absurd doctrines of antiquity, and have them enlisted in his service; and that he stood on the very same ground as any other man: that perhaps all the propositions on Mr. Burr's list would not be wanting at all; or if there should be any necessity for them that these questions might be discussed as they successively arose; that these discussions would necessarily consume much of his own time as well as the time of the court, which might probably be devoted to more useful purposes: and after all, the grand jury might refuse to hear any instructions, and in that case, how could they be compelled by the court? If the grand jury determined to pay no regard to it, of what avail would be the recommendation of the court (for it was in fact no more)? And if they were to find according to their own opinions, and in the old way, how could the court know of this variation? And how could they rectify it?
Mr. Botts replied. He stated that the gentlemen had demanded precedents; and yet it was but the other day when that very gentleman had enquired why we so constantly resorted to precedents; and why we did not sometimes consult the principles of common sense; that the grand jury was not that lawless mob, which the gentleman had seemed to represent them, and that they would not certainly act against the law, when it was properly expounded to them by the head of the court—that although the chief justice's charge, was extremely able, yet it was impossible that it could be so comprehensive as it might now be made, from the information which has since occurred; and that the very necessity of giving any charge at all showed the propriety of perfecting it; that it was not col. B's desire to consume much time, as it was his most earnest wish to end at once the bonds of recognizance and the public prejudice, which surrounded him; and that they were even willing to limit their share of the discussion to a particular time.
The Chief Justice said that it was usual and the best course for the court to charge the jury generally at the commencement of the term, and give their opinion on incidental points as they arose, when the grand jury themselves should apply to them for information that it was manifestly improper to commit the opinion of the court on points which might come before them, to be decided on the trial in chiefs, that he had generally confined his charges to a
few general points, without launching into many details; one reason was that some of the detailed points might never arise during the session of the grand jury, and any instruction on them would of course be unnecessary; another was that some of these points might be extremely difficult to be decided, and would require an argument of counsel; because there was no judge or man, who would not often find the solitary meditations of his closet very much assisted by the discussion of others, that he would have had no difficulty, however, in expanding his charge, if he had been particularly requested to do it, or if he could have anticipated any necessity for it, and that he would have no difficulty in giving his opinions at this time on certain points, on which he could obtain a discussion by the counsel, provided he did not thereby commit his opinion on the trial in chiefs.
Mr. Burr, then requested him to inspect the list of propositions, which he had prepared; he might then determine which of those points would admit of the delivery of his opinion, and which would not.
This list is now in the possession of the court and here the business rests for the present.
Mr. Wickham would not enquire, whether it was the object of the gentlemen to save or to obtain time, though probably the last; a gentleman seemed very solicitous to send on a messenger to Washington to obtain instructions directing them how to act: but if the leaving of time was an object with the court, the course which he recommended was best calculated to obtain it. It was the shortest way to resort at once to that expedient, which must be at last employed, if the expectations of the attorney for the U. S. should turn out to be fallacious, and his application at Washington should prove to be unavailing. The clerk himself, if called upon for subpoenas, must issue them absolutely. It was the practice; and it was the law; but instead of applying to the clerk, they deemed it necessary in a case of such importance, to make their application directly to the court. They were more willing to prefer this course; as they did not wish the presence of the president; but only of certain papers; and it was not therefore their wish to obtain a common subpoena for his person, but a subpoena duces tecum for those papers.
This is the first time I have heard, since the declaration of American independence, that an accused man is not to obtain witnesses in his behalf. What has the gentleman himself done? Are there not witnesses present, whom he has summoned; under the authority of this court and at his own special instance? And will he at last admit, that there is to be no kind of equality between the accused and the prosecution: and that we are to remain here perfectly mute and bound hand and foot, to wait the decision of his own witnesses?
But at what time are we to be entitled to these privileges? At the period of col. B's transportation? That is a most unwarrantable proceeding; there is no such case recognized by the constitution; and therefore there could be nothing in that constitution to give us the right of founding any judicial proceeding on such a step. But, sir, such an illegal transaction entitles us to still more, it entitles us to the protection of every citizen in the country; as well as of this court. Suppose that colonel Burr was now put on his examination; would he not have a right to examine any witnesses, who were beyond the bar; and of course to subpoena every man, who would be brought before you during the term of examination? This practice is every day pursued by magistrates. Why not in the present case?
It has been said, that there is nothing in this country to justify such an application: that there are no precedents. But I will quote, sir, another trial, which was similar in its proceedings, and similar, I trust, in its results. I refer to the cases of Smith and Ogden before the circuit court of New-York. Subpoenas were actually taken out, before the trial, for Messrs. Madison and Dearborn: and even the expenses of their travelling were tendered to them. But the proceedings did not even stop here. For a motion for an attachment was made before the court, founded upon the proof of serving these subpoenas; and the proof of offered compensation. The arguments at length closed on this motion for attachment. But no man doubted the right of the court to issue subpoenas. The only question was whether at that time an attachment ought to issue. The court was unanimous about the right of subpoenas; but on the at-
tachment, they were divided; judge Patterson being for it; and judge Talmadge against it.
We are however asked sir, for what purpose do we wish to procure this evidence? It is at their opinion to say whether bills shall be laid before the grand jury or not. Granted sir. It is in the power of the attorney for the United States to send up his bills or not. But should these bills be found true and the trial come on, may we not be ruled to trial instanter ; and without the aid of our witnesses? But what was done the other day may be hereafter repeated. Witnesses were introduced on the part of the United States and others perhaps would have been; on the motion for a commitment. This motion is for the present only suspended. But if that be the case, may not the testimony now required be relevant to our defence? The attorney for the United States triumphantly declares, that we must do as he pleases; and that we do not know what he intends to do. That is true sir, but may not we too do something? May not col. B. move for his discharge? As he is to remain here until the court pleases to discharge him. May he not move for his recognizance to be discharged? Have we no right also to all the means, which are necessary to the fair administration of justice?
"No time is stipulated for the return of the subpoenas" This is a great difficulty indeed! It will be admitted, then, that the court has a right to issue a subpoena; and yet because there happens to be no particular provision about the day, this right must be necessarily null. But, sir, is this objection really justified by practice? Has not the court a right to fix a day for the return of processes of this sort; according to their own convenience; or the convenience of parties?
But why have we not applied for these documents sooner; Yes, sir, it is asked of us, why we have not made this application sooner; and yet even now does the gentleman wish to delay it. He declared that we have made it too soon; and yet he now declares that we have made it too late. Now; it cannot be both: if it be too late, it certainly cannot be too soon.
We have heard some remarks upon col. Burr's privileges: and among others, upon the four counsellors who are to defend him. But what kind of an argument is this? If we turn to the laws of congress, we shall find there is one attorney for the U. S. appropriated to each district: and yet there are no less than three counsellors employed on the present occasion. No doubt there is a law providing for the payment of the two others out of the treasury; but with what propriety can these gentlemen complain of my client making such arrangements, as may suit his convenience or his interest? But what are all these remarks to the subpoena duces tecum ? Sir, it is useless to multiply arguments on this subject. It is a settled rule, since the antient time of king John, since the formation of magna charta itself, that the accused has a right to subpoena witnesses; and not only to any other form, but to subpoena duces tecum , under such modifications as the court may please to prescribe.
Mr. Martin read an extract from the case of Smith and Ogden in New-York, about the issuing of an attachment.
Mr. Hay asserted that this extract did not prove the position contended; that there was no case of a subpoena's having been issued, before the finding of an indictment; that if the clerk had ever issued them, it was a mere gratuitous act; and that he challenged the experienced gentleman from Maryland, to cite a single instance of an application to a court for subpoenas, before the finding of the bills.
Mr. Martin replied, that if there were no precedents on this very point, it was because the objection was never made before; and he hoped never would be made again.
Here a desultory conversation ensued, when Mr. Hay observed, that gentlemen affected to believe that the present course pursued by the prosecution was dictated by a wish to suppress the evidence; that he conjured the gentlemen to remember, that he had voluntarily applied for the papers which they wanted; and had no doubt of obtaining them, and that he made these remarks to guard any human being from the suspicion that there was any disposition to refuse the papers; that he should exert himself with not less zeal to obtain the evidence that was wanted for col. Burr, than that which might be produced against him.
The Chief Justice observed, that he would not at present deliver any decided
opinion upon the point, though he was disposed to believe, that the accused had a right to apply for subpoenas. He cited the case of a man, who had been some time before brought before him and condemned for counterfeiting bank notes; in this case the prisoner had attempted to delay the trial by pretending that he had witnesses in Baltimore; which plea had been rejected by the court, principally on the ground that he had not before summoned those witnesses. The Chief Justice however observed that he should not decide this question at present; but reserve it for future decision: in the mean time, the counsel might proceed with the other part of the argument.
Some conversation here ensued between Messrs. Botts and Hay, on the interpretation of an act of congress, in which the term "accused" was employed.
Mr. Martin then rose to support the propriety of granting this particular subpoena.
He laid down as a general principle, in all civil or criminal cases, that every man had a right to process to establish his rights or his innocence. M'Nally's evidence, vol. 1, page 255. Does there exist a single case in the British authorities in opposition to this doctrine? Surely these gentlemen do not intend to represent the president as a kind of sovereign, or as a king of Great Britain: He is no more than a servant of the people. But even the British king may be called upon to give testimony to his people. It is true he is not obliged to be subpoenaed, and to appear in a court of justice; but his testimony under his manual is received as an authentic evidence.
Chief Justice. The counsel on the opposite side admit that the president may be summoned.
Mr. Martin. They have surely never admitted it before. However I am happy that it is now admitted, as it will spare me a part of my argument. I will proceed then to the others.
The next question is, whether the president can be summoned to attend with certain papers. One of them we want is an original letter from gen. W. of the 21st October, and received by the president on the 27th of November. This letter (as appears by col. B's affidavit) is considered by him as necessary to his defence; and his counsel, so far as they understand the subject, are of the same opinion. The other papers are copies of official orders by the navy and war departments. It may be said, sir, that if application were made to those departments col. B. had a right to the papers: for we had supposed that every citizen was entitled to such copies of official papers as are material to him. And I have never heard of but one instance where they were refused; and this was most certainly under presidential influence.
[To be continued]
British Atrocity.
Washington Federalist, June 26. With feelings of the most fervent indignation at the national insult, and of the strongest abhorrence for so treacherous and cowardly a violation of every law of neutrality, and every principle of humanity, we record the following outrage—an outrage which cannot fail to awaken resentment in every American bosom, and to call forth the prompt exertion of the energies of government. We will wait in silence, and in anxious expectation, for the measures which the executive may pursue on this occasion; only expressing a hope, that they will be such as the nature and extent of the injury demand, and the national spirit will require.
From the National Intelligencer of June 26. We give the public the particulars of the following outrage on the American flag, under the influence of feelings, which we are certain, are in unison with those entertained universally by our fellow-citizens; feelings which cannot, which ought not to be suppressed. We know not, indeed that this savage outrage has a precedent in naval annals.
On Monday last the U. States frigate, Chesapeake, of 38 guns, left the Capes, where there lay at anchor a British squadron consisting of three two-deckers and one frigate of 38 guns. As she passed this squadron, without molestation, one of the two-deckers, the Leopard, put off, and went to sea before the Chesapeake. When the latter came up with the Leopard, at the distance of about three leagues from the squadron, her commander,

captain Humphries, hailed the Chesapeake, and said he had a dispatch to deliver from the British commander in chief (meaning admiral Berkeley of the American station) Commodore Barron, supposing it was a dispatch for Europe, hove to, when captain Humphries sent on board of her, a letter covering an order of admiral Berkeley, to take from the Chesapeake three men, alleged to be deserters from the Melampus frigate, and designating them by name. Commodore Barron replied by letter that no such men, as named in admiral Berkeley's order, were on board, and added that his crew could not be mustered for examination by any other officers than his own. This answer was couched in terms of politeness. It was no sooner received than a broadside was discharged from the Leopard. The crew of the Chesapeake were at this time not at quarters, considering the Leopard a friend, and commodore Barron not contemplating the possibility of danger so immediately after leaving the Capes. No other attempt was therefore made to fight her than the discharge of a few straggling guns, while the Leopard repeated three or four more broadsides; when the Chesapeake struck her colors, after having three men killed and eighteen wounded.
A boat was then put off from the Leopard with an officer who demanded four men. Commodore Barron said he considered the Chesapeake as a prize to the Leopard;—the captain of which vessel said, no—that his orders were to take out the men which, having executed, he had nothing further to do with her. Thus dismissed, she returned to Hampton Roads, where she now lies. She received in her hull twenty two round shot, her foremast and main mast were destroyed, her mizen mast greatly injured and her standing rigging and sails very much cut.
Of the wounded eight are considered dangerous, and two have lost an arm. Commodore Barron suffered a contusion, received from a splinter, which is not serious. No other officer is wounded excepting midshipman Broom and he but slightly.
Nothing evinces in more striking colours the insolence of Captain Humphries, than his immediate return, after this outrage, to the Capes, where he now lies with the other ships of the squadron.
In addition to the foregoing circumstances, copied from the National Intelligencer of yesterday, it may be proper to add, that a representation was made sometime since by the British minister to our government, on the subject of these men who were claimed by the British as deserters. An enquiry was instituted, from which it clearly appeared that the men in question were native American citizens; and of this fact Mr. Erskine was satisfied.
A cabinet council met on Thursday evening, immediately after the receipt of the intelligence, and again on yesterday morning. The result of their deliberations has not yet transpired. It is however said, that capt. Decatur, who is now at Richmond, has been ordered to take command of the Chesapeake—from which it may be inferred that the conduct of commodore Barron will be enquired into. It was likewise rumored yesterday evening that congress would be immediately convened.
The secretaries of war and of the treasury are absent.
June 28.
The atrocious outrage of the British, detailed in our last, has excited in every quarter from which we have received information the deepest execration. It has likewise kindled a spirit of patriotism ready to encounter every hazard and to make all sacrifices in defence of national honor.
"In consequence of the outrage which we have detailed in the preceding article," says the Norfolk Ledger, "a town meeting was convened this morning at the Town Hall, which on account of the great concourse assembled, was adjourned to the large church. The meeting adopted many resolutions upon the subject, which we cannot obtain for this day's paper. In substance they went to express the horror and indignation excited by the occasion. A determination to support with life and fortune, the government in obtaining satisfaction. It was determined to refuse all intercourse with, or to furnish supplies to any of the British ships of war. The Pilots were invited to refuse to conduct any ship of war into our waters. Committees were appointed; the people in all the U. States were invited to co-operate
in these resolutions, and to hold as infamous all who should violate them, or refuse co-operation. There were some others which we do not well remember. The meeting was conducted with great moderation and temper, when the occasion is considered."
The citizens of Richmond have been notified to convene at the Capitol on Saturday "to express their sentiments on the present important crisis of affairs, and to pledge themselves to defend their rights, liberties and independence against such daring aggressions."
The citizens of Hampton were so exasperated at the news of the outrage that they destroyed 200 hogsheads of water on board a schooner, ready to sail for the British men of war.
MARTINSBURG, July 2.
We issue this day's Intelligencer before its usual time of appearance, in order that our readers may be put in possession of its important contents as early as possible.
Latest proceedings in the case of COL. BURR.
Richmond, Wednesday, June 24.
The grand jury on presenting their bills against A. Burr and H. Blennerhassett, informed the court that they had not finished the business before them, having enquiries to make against other persons.
The argument on an attachment against general Wilkinson went on. Messrs. E. Randolph, Martin, M'Rea, and Botts spoke. While the last gentleman was speaking the grand jury entered the court with their bills.
Mr. Hay moved for the commitment of Col. Burr for high treason.
Mr. Burr and his counsel contended that it was in the discretion of the court to allow bail even in a capital case.
After a long discussion the court expressed the opinion that they were vested with the power, but postponed the consideration of the fitness of allowing bail in the present instance to the next day.
Mr. Burr was then committed to the charge of the marshal, who attended him to his lodgings, where having dined, he was conducted to the public jail.
Thursday, June 25.—The argument on a motion for an attachment against Wilkinson, mixed with much extraneous matter, progressed. In the midst of Mr. Hay's speech, Mr. Burr entered, attended by two deputy marshals.
At 1 o'clock the grand jury entered—
Mr. Randolph, the Foreman, addressed the court—"May it please the court, the grand jury have been informed by a witness that there is in possession of A. Burr who is now present in court, a letter from general James Wilkinson, dated the 18th of May, written in cypher, which letter the grand jury think will afford to them information on matters under consideration. The grand jury therefore wish to know whether the court sees any impropriety, or if it be legal, that A. Burr should deliver up this letter, if it contain matter criminating himself."
Chief Justice.—Certainly no man can be called upon to produce evidence which may criminate himself; but if col. Burr thinks proper voluntarily to produce any letter which the grand jury may require, the court sees no impropriety in his doing so.
Col. Burr. With respect to any information, letters, or papers, which may have been given to me in confidence, I do not regard myself authorised to communicate them. Whether any legal process may enforce me is not now the question; but so long as I retain those principles of honor, to which I have been always accustomed, I can never regard myself responsible for any consideration to disclose matters that have been so confided—I certainly can never tolerate such an idea, or harbor such a sentiment.
Mr. John Randolph. Shall the grand jury withdraw and wait the opinion of the court.
Chief Justice. No man can be compelled to deliver testimony which may criminate; but it does not appear to the court that a person, although indicted, can refuse to give testimony against others, which may not criminate him. Although col. Burr stands indicted, yet at present I do not know any authority by which his testimony could be debarred.
Mr. J. Randolph. The grand jury will therefore retire, and submit their request to the deliberation of the court.
Mr. Hay then proceeded in his observations on an attachment to issue against
gen. Wilkinson.
Mr. M'Rea rose and stated to the court that after the grand jury went out, he had a conversation with gen. Wilkinson and that he was authorized by general Wilkinson to request that all the correspondence between colonel Burr and himself should be made public, and that col. Burr through him was absolved from every promise of secrecy he might have given to gen. Wilkinson.
Colonel Burr—"May it please the court, some reply no doubt is expected from me to the information which the gentleman has given with respect to gen. Wilkinson—The production of that letter is not now in my power. The letter is not in my possession; and gen. Wilkinson knows this to be the case."
Mr. Wickham then rose in reply to Mr. Hay, when—
The grand jury entered—After the names were called over, Mr. Randolph addressed the court "may it please the court, the grand jury have made several presentments," Mr. Randolph then handed them to the Clerk who read as follows:
Presentment against Jonathan Dayton, of New Jersey, for treason.
Presentment against John Smith, of the state of Ohio, for treason.
Presentment against Comfort Tyler, for treason.
Presentment against Israel Smith, of New-York, for treason.
Presentment against Davis Floyd, for treason.
Mr. Hay requested the grand jury might not be discharged for a day or two, until he should prepare indictments conformable to these presentments.
After the grand jury retired, Mr. Wickham concluded his argument on the motion for an attachment.
Mr. Martin rose in support of the motion.
Friday, June 26.
The court was opened about half past nine.
The grand jury entered at half past ten. After their names were called over, Mr. J. Randolph delivered indictments indorsed true bills against
Jonathan Dayton, John Smith, Comfort Tyler, Israel Smith, Davis Floyd, for both high treason and misdemeanor.
The Chief Justice in the name of the court, thanked the Grand Jury for their attention, attendance and perseverance in this long and laborious investigation.
They were then discharged; and the court adjourned on the motion of Mr. Hay, until twelve.
The court met at 12.
The counsel of Mr. Burr prayed the court to assign him other apartments than that assigned him in the jail, in consequence of its wretched situation. The court, after consideration, agreed that the marshal, if he pleased, might procure a safe room for the keeping of col. Burr. The marshal accordingly inspected the rooms lately occupied by col. Burr, and informed the court that with a guard of seven men and a deputy marshal he would be perfectly secure in them.
Mr. Hay then observed to the court, that he had some difficulties with respect to the summoning of the venire. That the law declared in all cases of death the venire should be summoned from the country where the offence is alleged to be committed; but that an amendment to the constitution posterior to the law, declares that the accused shall have a right to a speedy trial, by a jury summoned from any part of the state.
Mr. Hay therefore wished the opinion of the court on the subject.
Mr. M'Rea read the 3d section of an act of Congress, passed in March 1793, to show that it was the intention of Congress, that the law regulating the venire, should still remain in force.
The Chief Justice after some discussion, gave his opinion, that if both parties agreed, the venire might be summoned from any part of the state.
Col. Burr and his counsel, wished the venire to be taken from the district, but the counsel for the prosecution informed the court, after some consultation, that they had resolved not to give their assent. A venire was therefore ordered to be summoned from the county of Wood, and the adjacent counties, 12 from the former and 36 from the latter. After which, it was agreed, that it should be determined this day, to what time the court would adjourn.
[Here our account of the proceedings of the court end.]
We are informed, says the Virginia Gazette, that a lengthy discussion took place among the grand jury, for presenting General Wilkinson for High Treason—but when the vote was taken they were equally divided.
son—but when the vote was taken they were equally divided.
MR. ALBURTIS.
It has lately been discovered, that a few meddling ill disposed persons have drawn up a remonstrance or petition respecting the late recommendation of magistrates by the Court of Berkeley, and are industriously engaged in procuring to it the signatures of boys, apprentices and other ignorant persons, many of whom can neither read nor write, nor do they know what the objects of the petition are, but are informed that it is for some useful purpose.—It is a fact, that fathers, masters and guardians, having heard of their children, apprentices and wards, being induced to sign this remonstrance, by the deception and misrepresentation of these persons, have searched for the instrument in order to erase the names of those for whom they felt an interest from the dirty list, I do not know three respectable persons that ever saw the remonstrance, yet I am informed that there are at least a hundred subscribers, such as they are. It appears that one thing prayed for, is, that three of the gentlemen recommended by the Court may be commissioned, and that the others may not, although five of these were nominated to the Court by one of the most respectable republicans in the County and a Magistrate.—If any of the subscribers are asked why Magistrates are wanting ten or twelve miles from the Court-house, and not near it, they can give no reason, but that they were told it was a republican measure. Now it is a fact acknowledged by every candid person of every party, that Magistrates in or near Martinsburg, would be more useful than in any other part of the County, and one of the late nomination is a respectable republican and lives in Martinsburg. It is an extraordinary opinion, that the impertinent interference of such characters, should have any effect between the Executive & a respectable Court of old Magistrates, who have served their country for many years with integrity. That we want more Magistrates is certain, but how to obtain them is the difficulty; are they, agreeably to the constitution, to be recommended by the Court and commissioned by the Executive, in the ordinary way; or, is it to be done in a mad and extraordinary way, by the description of persons who have signed this remonstrance; if so, let the Constitution be violated at once, and let the rabble appoint the judges and magistrates. I hope I shall not be understood to implicate the respectable and well informed republicans or federalists of the County, for I believe all such have avoided mingling their names with the group who have signed the remonstrance. I have not made these remarks to wound the feelings of any person unnecessarily, but to warn the ignorant who might hereafter be subjected to a prosecution for signing papers which might be presented to them by the promoters of this remonstrance, and others of a similar cast. It is certainly an evil to create a distrust of Courts and magistrates in the minds of the young and lower classes of people, who are bound as well as others to obey the laws and institutions of their country; and what must be the feelings of a magistrate towards those who have endeavoured to thwart and stamp with partiality and contempt his judicial acts? He must be patient indeed if he can treat them with that civility which every description of people ought to be entitled to.
A Citizen.
A Miller & Cooper Wanted.
TO Men of regular and steady habits, who understand the above branches of business, I will give generous wages. Application must be made soon.
C. BEALL.
Mill-Creek, July 2, 1807.
SIX CENTS REWARD.
RAN away from the subscriber sometime in May last, an apprentice boy bound to him by an order of Court, named William Brown, about 19 years of age, had on & took with him two shirts and two pair overalls, any person who will take up said boy, shall receive the above reward, but no charges paid.
CORNELIUS KELLY.
Martinsburg, July 2, 1807.
Advertisements omitted shall appear in our next.

Valuable Lands For Sale.
WILL be sold at public vendue in the Town of Bath on the 26th day of August next, if not disposed of before that time at private sale.
THE plantation on which Lewis W. Dent now lives, lying on both sides of Sleepy-Creek, in Berkeley County, Virginia, five miles from Bath, containing 333 acres. This land is of the first rate quality on Sleepy-Creek; about 150 acres are cleared and the balance is clothed with excellent Timber; more than 100 acres of the tract is good bottom land; 15 acres of meadow is now made, and at least 100 acres is well adapted to grass; the improvements are a convenient Dwelling House, a large Barn, and two good orchards of Apple and Peach trees; This land is well watered by Sleepy-Creek and a number of fine springs that rise on it. One third of the purchase money will be expected in hand, and one, two, and three years credit will be given for the balance, in equal annual payments.
The subscribers will also sell the following Tracts of Land, at public sale, in the Town of Romney on Wednesday the 2d of September next, viz:
477 acres of Land, situate on Cabin run a drain of Patterson's-Creek, in Hampshire County, distant 15 miles from Romney and two from Paddy Town; This land is of good quality, it is divided into three Tenements, on each of which are a convenient Dwelling House, Barn and other buildings, with an orchard of different kinds of Fruit; a considerable portion of this Tract is bottom land, and the whole is well watered.
Also 341 acres, lying on the north fork of Patterson's-Creek, Hardy County; This land is of the first quality, more than one half of which is bottom land; it abounds with Sugar Trees, is well watered, and a large proportion well adapted for meadow; A good Dwelling House and Barn is built on this Tract, and an orchard planted, and other improvement made.
Also 448 acres of unimproved Land, in Frederick County, twelve miles from Winchester, on the road leading to Romney and Moorefield. The three last mentioned tracts will be sold on the same terms as the first mentioned Tract. General Warrantees will be given for the whole of them. Further particulars will be made known on the day of sale.
LEWIS W. DENT, PATRICK DENT. June 26, 1807.
WAS committed to the Jail of Jefferson County as a Run away on the first of the present month, a Negro fellow who calls himself BILL, and says he belongs to Gen. John Marshall. Bill is about 18 years of age five feet three inches and an half high, deep black, has on him, a suit of coarse home made woolen clothes, much worn.—The owner is desired to come prove his property and take him away, otherwise he will be disposed of as the law directs. JOHN YOUNG, Jailor. June 26, 1807.
Berkeley, ss. March Court, 1806. Morris Rees and David Rees, Complainants, AGAINST Presley Neville and the other legal representatives of John Neville, dec'd, Coleby Chew and Noah Ridgeway, Defendants, IN CHANCERY.
THE defendants, Presley Neville and other the heirs and representatives of John Neville, dec'd, not having entered their appearance agreeable to an act of Assembly and the rules of this Court, and it appearing to the satisfaction of the Court, that they are not inhabitants of this Commonwealth, on the motion of the Complainants by their Counsel, it is ordered, that said Presley Neville and other the heirs and representatives of John Neville, dec'd, do appear here on the Monday after the third Tuesday in September next, to answer the bill of the Complainants, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer for two months successively, and published at the door of the Court-House of said County.
A Copy. Teste. DAVID HUNTER, C.B.C.
PURSUANT to a decree of the County Court of Berkeley, will be sold at public vendue, on the premises, on Monday the 17th of August next, to the highest bidder for Cash, a Tract of LAND belonging to the estate of Benjamin Hedges, dec'd, on which the said Hedges lately lived, containing 120 acres of lime stone land, situate on the road leading from Martinsburg to Bath; the greater part of it is cleared, there is a dwelling House, Barn, and an Apple orchard on it. The above property will be sold subject to the dower of the widow.
John Turner, George Porterfield, Aaron Faris, Samuel Cunningham, } Com. June 26, 1807.
FIFTY DOLLARS REWARD.
RAN away from the subscriber's Farm about two miles above the Great Falls of Potomack river, in Fairfax County and state of Virginia, on the 21st of June, inst. a bright mulatto man slave (nearly white) named TOM POSTON, about five feet ten inches high, and well made, his feet and hands short, has several moles on one side of his face and neck, a scar on one of his legs, wears his hair and whiskers long, slow motioned and mild spoken, an excellent waggoner and a good cradler; had on and took away with him a gray woolen jacket, a pair of osnaburg trousers, two shirts, a fine blue cloth coat and other sufficient cloths.
Any person who takes up said fellow, if in the county shall receive a reward of Twenty Dollars; if out of the county and within 100 miles 30 dollars, if 150 miles 40 dollars; and if 200 miles the above reward and all reasonable charges paid if brought home or secured in any jail so that I can get him again.
WILLIAM GUNNELL, Jun. N. B. As he is an artful fellow it is very probable he may have cut his hair and whiskers short and changed his cloths. June 26, 1807.
Berkeley, ss. May Court, 1806. Samuel Veal, Complainant, AGAINST David Veal, Cornelius Vanausdall and Susanna his wife, William Morgan and Agnes his wife, Cornelius Hamme and Mary his wife, Drake and Martha his wife, William Kellogg and Catherine his wife, Robert Anderson and Sarah his wife, and Elizabeth Veal, Heirs and legal representatives of Isaac Veal, dec'd, Defendants, IN CHANCERY.
THE defendants, David Veal, Cornelius Vanausdall and Susannah his wife, Cornelius Hamme and Mary his wife, Drake and Martha his wife, William Kellogg and Catherine his wife, and Robert Anderson and Sarah his wife, do appear here on the Monday after the third Tuesday in September next, to answer the bill of the Complainant, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer for two months successively, and published at the door of the Court-House of the said County.
A Copy. Teste. DAVID HUNTER, C.B.C.
TAKEN up by the subscriber living near the Lick Mill, on Tuesday last, as an astray, a dark bay mare, with a small star in her forehead, about fourteen hands high, three or four years old, has been docked, is a natural trotter, no brand or mark that is perceptible. The owner is desired to prove property pay charges and take her away. EDWARD R. FOREMAN. June 26, 1807.
A MILLER WANTED.
THE subscriber wishes to employ a man of industrious habits and good character, who is well acquainted with the Milling business. STEPHEN SNODGRASS. Back-Creek, June 26, 1807.
Fresh Goods NOW OPENING.
THE subscribers respectfully inform their Farming Friends and the Public in general, that they are now opening at their store (by the Market-House) in Shepherd's-Town,
A very large and General assortment of Cheap Fresh Goods,
of every description which have been purchased uncommonly Cheap at Philadelphia and Baltimore, and will be sold far cheaper than any Goods have been this season. They invite all those wishing to get CHEAP GOODS to call on them.
JAMES & JOHN LANE. Shepherd's-Town, June 19, 1807.
Prime Sickles.
THE subscriber has just received a quantity of excellent Sickles,
made by Hugh Long of Pennsylvania; has also on hand, Old Rye Whisky, of excellent quality, distilled by Martin Billmire; Waldron's Cradling & Grass Scythes; German Scythes and Cutting Knives; Dutch and English Whetstones; Ten Hogsheads of nice New-Orleans Sugar, very Cheap; excellent Green Coffee, Rice, Teas, &c. Also, Home-made Linen and Twiled Bags, & a large assortment of
Fresh fancy Goods,
which are now ready for sale uncommonly Cheap for Cash.
WALTER D. SELBY. Shepherd's-Town, June 19, 1807.
TAKEN up by the subscriber living on Back-Creek, Berkeley County, a black mare very much mixed with gray heirs, has a brand scarcely perceptible on her left buttock, a small star in her forehead, cress fallen & hip shotten, and supposed to be about 10 or 11 years old—had a colt with her about two months old and nearly the same colour, with both hind feet white, and has a small snip on the nose; appraised to twenty dollars. JAMES FAIRES. Back-Creek, Berkeley County, June 26, 1807.
FOR SALE, ON moderate terms, a negro girl seventeen or eighteen years of age, who is skilled in house and kitchen affairs, she has one child about fourteen months old. Also, one other negro girl between eleven and thirteen years old, who is as well acquainted with house and out work as any of her age. Apply at this Office.
Plank for Sale.
THE subscribers inform the public that they have a large quantity of most excellent PLANK for sale, of the following kinds, viz:
1 1-4 Inches Pine Plank for Flooring. 1 ditto ditto ditto, 3-4 ditto for Weatherboarding, 1 ditto Poplar ditto, 3-4 ditto for Weatherboarding, Also, a large quantity real good Rye Whisky and Apple Brandy (distilled in Maryland) Salt-Petered Bacon and Waldron's double prime Cradling and Grass Scythes, where Farmers and others may be supplied on very Cheap terms, with JAMES & JOHN LANE, Shepherd's-Town, June 5, 1807.
FOR SALE, FOURTEEN and a half acres of Land, lying on the Bank of Potomac, in Jefferson County, adjoining the Lands of Mr. John Toole and Captain Shepherd—One half the purchase money in hand, the remainder in a year, with interest, will be expected.—A good title will be made the purchaser. DAVID HUNTER. June 5, 1807.
WRITING PAPER For sale at this Office.
New Goods.
THE subscriber informs his Friends and Customers, that he has just received and is now opening an extensive assortment of
Spring and fancy Goods, purchased in the city of Philadelphia, which he offers at very reduced prices for Cash or Country produce.
Also on hand, a quantity of good Rye Whisky, by the barrel or single gallon. ALEXANDER COOPER. Martinsburg, June 5, 1807.
New Store.
THE subscriber respectfully informs his friends and the public in general, that he has commenced the Mercantile business in the house lately occupied as a Store by Ignatius O'Ferrall, at Mill-Creek, where he has a Choice collection of Spring and Summer Goods, Groceries, Liquors, Hardware, &c. &c. All which he will dispose of on the most reasonable terms for Cash or Country produce.—He solicits the patronage of the public, and assures them that he will always keep up a general assortment, and will dispose of his Goods on as low terms as they are retailed in any other place.
WILLIAM B. KING Mill-Creek, June 5, 1807.
Levi Price
HAS just received a complete assortment of SPRING and SUMMER GOODS, which he assures the public will be disposed of on the most satisfactory terms to the purchaser. He feels certain that those who call on him will not complain of his prices. His late purchases comprise the following articles.
Fancy Calicoes, Leno Muslins, Shawls and Handkerchiefs, A large assortment of fancy ribbons, Leghorn and other bonnets, Fancy Marsails vesting, Thread Gloves, Gentlemens Hats covered with silk, Leghorn ditto, &c. &c. Tin Ware, A large supply of BELL'S CROCKS, &c. Martinsburg, May 15, 1807.
The subscribers have just received, and are now opening, an additional supply of SPRING and SUMMER GOODS,
which added to their late purchases in March, makes their assortment very general and complete, from the very advantageous terms these Goods have been laid in, they are enabled to sell them on better terms than heretofore, they deem it unnecessary to particularise any articles, as they can assure the public that their assortment cannot be exceeded by any, and upon examination they are satisfied will give general satisfaction to purchasers; they return their sincere thanks to their friends for past favours, and assure them that every exertion on their part shall be used to merit a continuance.
THOMAS C. SMITH, & Co. Martinsburg, May 15, 1807. N. B. They always keep a good assortment of Antietam BAR-IRON on hand. The House and Lot occupied by Mr. L. Price is still for sale, for terms apply to T. C. S. & Co.
Notice is hereby given,
THAT a petition will be presented to the County Court of Jefferson, at the next July Court to be held for the said County, for the discontinuance of the following road, commencing at the forks of the Shepherd's-Town road at the corner of Robert Sherley's field, and running from thence over the lands of Jarvis Sherley, Majr. George Washington's heirs, and others, to Charles-Town. May 29, 1807.
A variety of BLANKS For sale at this Office.
MARTINSBURG, Berkeley County, Virginia; Printed and published by JOHN ALBURTIS.