Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1805-04-26 00:00:00

Valley of Wilson Hill
The Bank and his will beyond
Berkeley and Jefferson Intelligencer.
[No. 49 of Volume VI.]
FRIDAY, Apr. 12, 1805.
[WHOLE No. 309]
WANTED IMMEDIATELY,
As an Apprentice to the Printing Business, a lad from twelve to sixteen years of age, of industrious habits, of moral conduct, and whose connections are respectable. One from the country would be preferred. J: ALBURTIS. Intelligencer Office, March 8, 1805.
FOR SALE,
A PLANTATION, containing about 180 acres, about 100 of which are cleared; there is a convenient Dwelling House and Kitchen and a good Barn on the premises; near the House is a Well thirty feet deep, which never goes dry when kept clean; on one part of the Plantation there is a large and excellent Spring. The Land is of a superior quality; it lies on the road leading from Martinsburg to Boyd's Ferry, and is about six miles from the former place. For terms apply on the premises, or to the subscriber in Martinsburg. IGNATIUS PRICE. January 25, 1805.
LANDS FOR SALE.
THE subscriber wishes to sell the Plantation whereon he now lives, situate on Back Creek, Berkeley County, 7 miles from Martinsburg and 15 from Bath, containing 333 acres of good strong Lime-stone Land, well watered, with at least 7 springs—150 acres are cleared and well enclosed, 8 acres of Meadow are made, and more Meadow land; the remainder of the tract is well covered with fine timber. On the premises are a convenient Dwelling House, newly finished, Kitchen, a large Barn, Distillery, Fulling Mill, and some out houses with a number of Fruit trees. There is a good mill-pond, with a sufficiency of water, on this tract. He will also sell one other tract of Land, situate on the river Potomac, near Richard's Ferry, containing 102 acres, 40 of which are cleared, the greater part river bottom, the remainder of the Land is well timbered, and has a large Spring and a good small House in a wood, and is suitable for raising a larger one. For terms apply to the subscriber. WILLIAM SNODGRASS. Back Creek, June 22, 1804.
THE Subscriber returns his most grateful acknowledgments to his friends and the public for the encouragement he has experienced, and respectfully informs them that he has just received, and will constantly keep for sale at his Blacksmith's shop in the main street Martinsburg opposite to the Indian Chief Tavern, a very large and complete assortment of
BAR-IRON.
of the best quality, selected with care by himself from the Iron Works, and which he will dispose of on the most reduced terms. He continues as usual to carry on the Blacksmith's business in all its various branches, and flatters himself, that if good materials, manufactured in the most serviceable manner, together with the strictest attention to business, can secure the public favour, he shall not go unrequited.
Any purchaser can, with convenience and dispatch have any quantity of Iron cut and bent if necessary. JOSEPH CHAMBERS. Martinsburg, March 29, 1805
FOR HIRE, TWO
Negro Girls,
One about fifteen and the other sixteen years old; they have both been accustomed to house-work, and one has for some time past been a cook. An employer in the country would be preferred. Inquire of the Printer. January 11, 1805. (ww)
NOTICE.
THE subscriber respectfully wishes to inform his customers and the public, that he has lately removed his Store to that eligible and commodious stand adjoining the Court House, fronting on Queen street and the public square, lately occupied by James Anderson, Esq. where he intends carrying on the Mercantile business. He has just received a large additional supply of
Dry Goods and Groceries.
The ladies and gentlemen of this town and its vicinity, will please to accept my thanks for all former favour conferred, and I hope to merit a continuation of their custom. He has BLANK BOOKS for sale. JEREMIAH EVANS. Martinsburg, March 8, 1805.
Berkeley County, ss. February Court, 1805. George Riley vs Joseph Gale. In CHANCERY. THIS day came the complainant by his counsel, and it appearing to the court that the defendant is not an inhabitant of this commonwealth, it is ordered that the defendant do appear here on the Monday after the third Tuesday in May next, to answer the complainant's bill, and that a copy of this order be forth with inserted in the Berkeley and Jefferson Intelligencer and continued for two months successively, and also be posted up for two months successively at the door of the court house of this county. A Copy. Attest. DAVID HUNTER, C.B.C.
FOR SALE,
Pursuant to the last will and testament of Robert Creighton, dec'd, a valuable Tract of Land, Lying in the County of Berkeley and State of Virginia, three miles from the town of Martinsburg, on the road leading to Williamsport, eighty-five miles from the City of Baltimore, seventy-five from the City of Washington, and eighty miles from the town of Alexandria—containing six hundred acres, one half cleared and under good fence, the balance well clothed with timber: There are on said land a number of never failing springs, and a sufficient quantity of Meadow. This Tract would suit well to be divided, as there are two Dwelling Houses, two Double Barns, and two Orchards of choice Fruit. It lies five miles from the river Potomac, the navigation of said river is now completed, produce may be conveyed down the river to the City of Washington and to the town of Alexandria at a small expense. For terms apply to William Riddle, of the town of Martinsburg. A good title will be made the purchaser by WILLIAM RIDDLE, and Wm. CREIGHTON, } Ex's. Martinsburg, February 1, 1805.
Berkeley County, ss. February Court, 1805. George Riley vs Daniel Sturgess. In CHANCERY. THIS day came the complainant by his counsel, and it appearing to the court that the defendant is not an inhabitant of this commonwealth, it is ordered that the defendant do appear here on the Monday after the third Tuesday in May next, to answer the complainant's bill, and that a copy of this order be forth with inserted in the Berkeley and Jefferson Intelligencer and continued for two months successively, and also be posted up for two months successively at the door of the court house of this county. A Copy. Attest. DAVID HUNTER, C.B.C.
Winter Goods and Groceries.
THE SUBSCRIBER Has just received and finished opening, (part from Philadelphia and part from Baltimore,) a very large supply of Choice Winter Goods and Groceries, Which, in addition to his former stock, makes his assortment more complete than ever consisting of almost every article in the Dry Goods and Grocery line, too numerous to particularise—all which he begs leave to offer his friends and the public in general, at the most reduced prices for CASH or COUNTRY PRODUCE, or on the usual credit to punctilious customers.
WARRANTED Bolting Cloths,
Superfine, Common and Middling, of the first quality, for sale on the usual terms. N. B. He offers the highest price in Cash, for Wheat, Rye, Corn, Oats, or Flax-Seed. With the greatest esteem, He remains the public's ob't. and humbl. serv't. PHILIP NADENBOUSCH. Martinsburg, January 11, 1805.
In the Senate of the United States, SITTING AS A High Court of Impeachment, ON THE 4th day of February, A. D. 1805. The United States vs. Samuel Chase. [Judge Chase's Defence concluded.]
This respondent further states, that after the most diligent and the most extensive inquiry which the time allowed for preparing this answer would permit, he can find no law of Virginia which expressly enacts, that "in cases not capital, the offender shall not be held to answer the presentment of a grand jury, until the court next succeeding that during which such presentment shall have been made." This principle he supposes to be an inference drawn by the authors of the articles of impeachment, from the law of Virginia mentioned in the answer to the preceding article, the law of November 15th, 1792, which provides "that upon presentment made by the grand jury of an offence not capital, the court shall order the clerk to issue a summons, or other proper process, against the person or persons so presented, to appear and answer such presentment at the next court." This law he conceives does not warrant the inference so drawn from it, because it speaks of presentments and not of indictments, which are very different things; and is, as he is informed, confined by practice and construction in the state of Virginia, to cases of small offences, which are to be tried by the court itself upon the presentment, without an indictment or the intervention of a petit jury. But for cases, like that of Callender, where an indictment must follow the presentment, this law made no provision. Further, the state laws are directed by the above mentioned act of congress, to be the rule of decision in the courts of the United States, only "in cases where they apply." Whether they apply or not to a particular case, is a question of law, to be decided by the court where such case is pending, and an error in making the decision is not a crime, nor even an offence, unless it can be shown to have proceeded from improper motives. This respondent is of opinion, that the law in question did not apply to the case of Callender, for the reasons stated above; and therefore that it would have been his duty to disregard it, even had it been made known to him by the counsel for the traverser. And in the last place he contends, that the law of Virginia in question, is not adopted by the above mentioned act of congress as the rule of decision, in such cases as that now under consideration.
That act does indeed provide, that the laws of the several states, except where the constitution, treaties or statutes of the United States shall otherwise provide, shall be regarded as rules of decision in trials at common law, in the courts of the United States, in cases where they apply." But this provision, in his opinion, can relate only to rights, acquired under the state laws, which come into question on the trial; and to forms of process or modes of proceeding anterior or preparatory to the trial. Nor can it, as this respondent apprehends, have any application to indictments for offences against the statutes of the United States, which cannot, with any propriety, be called "trials at common law." It relates merely, in his opinion, to civil rights acquired under the state law; which by virtue of this provision are, when they come in question in the courts of the United States, to be governed by the laws under which they accrued.
It in these opinions this respondent he in error, it is an honest error; and he contends that neither such an error in the construction of a law, nor his ignorance of a local state law which he had no opportunity of knowing, and of which the counsel for the party whose case it is supposed to have affected were equally ignorant, can be considered as an offence liable to impeachment, or to any sort of punishment or blame.
And for plea to the said sixth article of impeachment, the said Samuel Chase saith, that he is not guilty of any high crime or misdemeanor as in and by the said article is alleged against him; and this he prays may be enquired of by this honourable court in such manner as law and justice shall seem to them to require.
The seventh article of impeachment relates to some misconduct of this respondent in his judicial capacity, at a circuit court of the United States held at New Castle in the state of Delaware, in June 1800. The statement of this conduct made in the article is altogether erroneous; but if it were true, this respondent denies, that it contains any matter for which he is liable to impeachment. It alleges that "disregarding the duties of his office, he did descend from the dignity of a judge, and stoop to the level of an informer." This high offence consisted, according to the article, 1st, in refusing to discharge the grand jury, although entranced by several of the said grand jury to do so. 2dly, in "observing to the said grand jury, after the said grand jury had regularly declared through their foreman, that they had found no bill of indictment, and had no presentments to make, that he the said Samuel Chase understood that a highly seditious temper had manifested itself in the state of Delaware, among a certain class of people, particularly in New Castle county, and more especially in the town of Wilmington, where he lived a seditious printer, unrestrained by any principle of virtue, and regardless of social order, that the name of this printer was." 3dly, "in then checking himself as if sensible of the in decorum which he was committing." 4thly, in adding "that it might be assuming too much, to mention the name of this person, but it becomes your duty, gentlemen, to inquire diligently into this matter," or words to that effect. And 5thly, "in authoritatively enjoining on the district attorney of the United States, with intention to procure the prosecution of the printer in question, the necessity of procuring a file of the papers to which he alluded, and by a strict examination of them to find some passage which might furnish the ground work of a prosecution against the printer."
These charges amount in substance to this; that the respondent refused to discharge a grand jury on their request, which is every day's practice, and which he was bound to do, if he believed that the due administration of justice required their longer attendance; that he directed the attention of the grand jury to an offence against a statute of the United States, which he had been informed was committed in the District; and that he desired the district attorney to aid the grand jury in their enquiries concerning the existence and nature of this offence. By these three acts, each of which it was
Edward J. N. ...

his duty to perform, he is alleged "to have disregarded his high judicial functions, and tended to impair the public confidence in, and respect for, the tribunals of justice, so essential to the general welfare."
That this honourable court may be able to form correctly its judgment concerning the transaction mentioned in this article, this respondent submits the following statement of it, which he avers to be true, and expects to prove.
On the 27th day of June, 1809, this respondent, as one of the associate justices of the supreme court of the United States, presided in the circuit court of the United States, then held at New Castle in and for the district of Delaware, and was assisted by Gunning Bedford, esq. then district judge of the United States for that district. At the opening of the court on that day, this respondent according to his duty and his uniform practice, delivered a charge to the grand jury in which he gave a charge to them several statutes of the United States, and among others, an act of congress passed July 14th, 1798, entitled "An act in addition to an act for the punishment of certain crimes against the U. States," and commonly called the "sedition law." He directed them to enquire concerning any breaches of those statutes, and especially of that commonly called the sedition law, within the district of Delaware.
On the same day before the usual hour of adjournment, the grand jury came into court, and informed the court that they had found no indictment or presentment, and had no business before them, for which reason they wished to be discharged. This respondent replied, that it was earlier than the usual hour of discharging a grand jury; and that business might occur during the sitting of the court. He also asked them if they had no information of publications within the district, that came under the sedition law, and added, that he had been informed that there was a paper called the "Mirror," published at Wilmington, which contained libelous charges against the government and president of the United States: that he had not seen that paper, but it was their duty to inquire into the subject; and if they had not turned their attention to it, the attorney for the district would be pleased to examine a file of the paper, and if he found anything that came within the sedition law, would lay it before them. This is the substance of what this respondent said to the grand jury on that occasion, and he believes nearly his words. On the morning of the next day, they came into court and declared that they had no presentments or indictments to make, on which they were immediately discharged. The whole time, therefore, for which they were detained, was twenty-four hours, far less than is generally required of grand juries.
In these proceedings, this respondent acted according to his sense of what the duties of his office required. It certainly was his duty to give in charge to the grand jury, all such statutes of the United States as provided for the punishment of offences, and among others, that called the sedition act; into all offences against which act, while it continued in force, the grand jury were bound by their oaths to inquire. In giving it in charge, together with the other acts of congress for the punishment of offences, he followed moreover the example of the other judges of the supreme court, in holding their respective circuit courts. He also contends, and did then believe, that it was his duty, when informed of an offence, which the grand jury had overlooked, to direct their attention towards it, and to request for them, and even to require if necessary, the aid of the district attorney in making their inquiries. In this discharging what he conceived to be his duty, even if he committed an error in so considering it, he denies that he committed or could commit any offence whatever.
With respect to the remarks which he is charged by this article with having made to the grand jury, relative to "a highly seditious temper, which he had understood to have manifested itself in the state of Delaware, among a certain class of people, particularly in New Castle county, and more especially in the town of Wilmington," and relative to "a most seditious printer, residing in Wilmington, unrestrained by any principle of virtue, and regardless of social order," this respondent does not recollect or believe, that he made any such observations. But if he did make them, it could not be improper in him to tell the jury that he had received such information, if in fact he had received it; which was probably the case, though he
cannot recollect it with certainty at this distance of time. That this information, if he did receive it, was correct, so far as it regarded the printer in question, will fully appear from a file of the paper called the "Mirror of the Times," &c. published at Wilmington, Delaware, from February 5th, to March 19th, 1800, inclusive, which he has lately obtained, and is ready to produce to this honourable court when necessary, and some extracts from which are contained in the exhibits severally marked No. 7, which he prays leave to make part of this his answer.
And for plea to the said seventh article of impeachment, the said Samuel Chase saith, that he is not guilty of any high crime or misdemeanor, as in and by the said seventh article is alleged against him, and this he prays may be inquired of by this honourable court, in such manner as law and justice shall seem to them to require.
The eighth article of impeachment charges, that this respondent, "disregarding the duties and dignity of his official character did, at a circuit court for the district of Maryland, held at Baltimore, in the month of May, 1803, pervert his official right and duty to address the grand jury then and there assembled, on matters coming within the province of the said jury, for the purpose of delivering to the said grand jury an intemperate and inflammatory political harangue, with intent to excite the fears and resentment of the said grand jury, and of the good people of Maryland, against their state government and constitution," and also that this respondent, "under pretence of exercising his judicial right to address the grand jury as aforesaid, did endeavour to excite the odium of the said grand jury, and of the good people of Maryland, against the government of the United States, by delivering opinions which were, at that time and as delivered by him, highly indecent, extra-judicial, and tending to prostitute the high judicial character with which he was invested, to the low purpose of an electioneering partisan."
In answer to this charge this respondent admits, that he did, as one of the associate justices of the supreme court of the United States, preside at a circuit court held at Baltimore in and for the district of Maryland, in May 1803, and did then deliver a charge to the grand jury, and express in the conclusion of it some opinions as to certain public measures, both of the government of Maryland and of that of the United States. But he denies that in thus acting, he disregarded the duties and dignity of his judicial character, perverted his official right and duty to address the grand jury, or had any intention to excite the fears or resentment of any person whatever, against the government and constitution of the United States or of Maryland. He denies that the sentiments which he thus expressed, were "intemperate and inflammatory," either in themselves or in the manner of delivering them; that he did endeavour to excite the odium of any person whatever against the government of the United States, or did deliver any opinions which were in any respect indecent, or which had any tendency to prostitute his judicial character, to any low or improper purpose. He denies that he did anything that was unusual, improper or unbecoming in a judge, or expressed any opinions, but such as a friend to his country, and a firm supporter of the governments both of the state of Maryland and of the United States, might entertain. For the truth of what he here says, he appeals confidently to the charge itself; which was read from a written paper now in his possession ready to be produced. A true copy of such parts of this paper as relate to the subject matter of this article of impeachment, is contained in the exhibit marked No. 8, which he prays leave to make part of this his answer. That part of it which relates to the article now under consideration is in these words: "You know, gentlemen, that our state and national institutions were framed to secure to every member of society equal liberty and equal rights; but the late alteration of the federal judiciary, by the abolition of the office of the sixteen circuit judges, and the recent change in our state constitution by the establishing universal suffrage, and the further alteration that is contemplated in our state judiciary (if adopted) will in my judgment take away all security for property and personal liberty. The independence of the national judiciary is already shaken to its foundation; and the virtue of the people alone can restore it. The independence of the judges of this state will be entirely destroyed, if the bill for the abolishing
the two supreme courts should be ratified by the next general assembly. The change of the state constitution by allowing universal suffrage, will in my opinion certainly and rapidly destroy all protection to property, and all security to personal liberty; and our republican constitution will sink into a mobocracy, the worst of all possible governments."
"I can only lament that the main pillar of our state constitution has been thrown down, by the establishment of universal suffrage. By this shock alone, the whole building totters to its base, and will crumble into ruins before many years elapse, unless it be restored to its original state. If the independence of your state judges, which your bill of rights wisely declares 'to be essential to the impartial administration of justice, and the great security to the rights and liberties of the people,' shall be taken away, by the ratification of the bill, passed for that purpose, it will precipitate the destruction of your whole state constitution, and there will be nothing left in it, worthy the care or support of men."
Admitting these opinions to have been incorrect and unfounded, this respondent denies that there was any law which forbade him to express them, in a charge to a grand jury; and he contends that there can be no offence, without a breach of some law. The very essence of despotism consists, in punishing acts which, at the time when they were done, were forbidden by no law. Admitting the expression of political opinions by a judge, in his charge to a jury, to be improper and very dangerous acts which not being forbidden by law cannot be punished. Hence the necessity of new penal laws; which are from time to time enacted for the prevention of acts not before forbidden but found by experience to be of dangerous tendency. It has been the practice in this country, ever since the beginning of the revolution which separated us from Great Britain, for the judges to express from the bench, by way of charge to the grand jury, and to enforce to the utmost of their ability, such political opinions as they then thought correct and useful. There have been instances in which the legislative bodies of this country, have recommended this practice to the judges; and it was adopted by the judges of the supreme court of the United States, as soon as the present judicial system was established. In the legislature of the United States considered this practice as mischievous, dangerous or liable to abuse, they might have forbidden it by law, to the penalties of which, such judges as might afterwards transgress it, would be justly subjected. By not forbidding it, the legislature has given to it an implied sanction; and for that legislature to punish it by way of impeachment, would be to convert into a crime, by an ex post facto proceeding, an act which when it was done and at all times before, they had themselves virtually declared to be innocent. Such conduct would be utterly subversive of the fundamental principles on which free government rests; and would form a precedent for the most sanguinary and arbitrary persecutions, under the forms of law.
Nor can the correctness of the political opinions thus expressed, have any influence in deciding on the guilt or innocence of a judge's conduct in expressing them. For if he should be considered as guilty or innocent, according to the supposed correctness or incorrectness of the opinion, thus expressed by him, it would follow, that error in political opinion however honestly entertained, might be a crime; and that a party in power might, under this pretext, destroy any judge, who might happen in a charge to a grand jury, to say something capable of being construed by them, into a political opinion adverse to their own system.
There might be some pretence for saying, that for a judge to utter seditious sentiments, with intent to excite sedition, would be an impeachable offence: although such a doctrine would be liable to the most dangerous abuses; and is hostile to the fundamental principles of our constitution, and to the best established maxims of our criminal jurisprudence. But admitting this doctrine to be correct, it cannot be denied that the seditious intention must be proved clearly, either by the most necessary implication from the words themselves, or by some overt acts of a seditious nature connected with them. In the present case no such acts are alleged, but the proof of a seditious intent must rest on the words themselves. By this rule this respondent is willing to be judged. Let the opinion which he delivered be examined; and if the members of this honourable
court can lay their hands on their hearts, in the presence of God, and say that these opinions are not only erroneous but seditious also; and carry with them eternal evidence of an intention in this respondent to excite sedition, either against the state or general government, he is content to be found guilty.
In making this examination, let it be born in mind, that to oppose a depending measure, by endeavouring to convince the public that it is improper and ought not to be adopted; or to promote the repeal of a law already past, by endeavouring to convince the public, that it ought to be repealed, and that such men ought to be elected to the legislature as will repeal it, to attempt in fine the correctness of public measures, by arguments tending to show the improper nature, or destructive tendency; never has been or can be considered as sedition, in any country, where the principles of law and liberty are respected; but is the proper and usual exercise of that right of opinion and speech, which constitutes the inalienable feature of free government. The abuse of this privilege, by writing and publishing as facts, malicious falsehoods, with intent to defame, is punishable as libelous, in the corresponding punishment of such offences, where the truth or falsehood of the facts alleged, and the malice or correctness of the intention form the criterion of guilt and innocence. But the character of libelous, much less of seditious, has never been applied to the expression of opinions concerning the tendency of public measures, or to arguments used for the purpose of opposing them, or of effecting their repeal. To apply the doctrine of sedition or of libel to such cases would instantly destroy all liberty of speech, subvert the main pillars of free government, and convert the tribunals of justice into engines of party vengeance. To condemn a public measure, therefore, as pernicious in its tendency; to use arguments for proving it to be so; and to endeavour by these means to prevent its adoption, it still depending, or procure its repeal in a regular and constitutional way, if it be already adopted, can never be considered as sedition or as illegal.
The first opinion expressed to the grand jury on the occasion in question, by this respondent, was that "the late alteration of the federal judiciary, by the abolition of the office of the sixteen circuit judges; and the recent change in our constitution, by establishing universal suffrage; and the further alteration that was then contemplated in our state judiciary, if adopted," would in the judgment of this respondent, "take away all security for property and personal liberty." That is, "these three measures, if the last of them, which is still depending, should be adopted, will, in my opinion, form a system whose pernicious tendency must be, to take away the security for our property and personal liberties, which we have hitherto derived from the salutary restrictions laid by the authors of our constitution on the right of suffrage, and from the present constitution of our courts of justice." What is this but an argument to persuade the people of Maryland to reject the alterations in their state judiciary which were then proposed; which this respondent as a citizen of that state had a right to oppose; and the adoption of which depended on a legislature then to be chosen? If this be sedition, then will it be impossible to express an opinion opposite to the views of the ruling party of the moment, or to oppose any of their measures by argument, without becoming subject to such punishment as they may think proper to inflict.
The next opinion is, that "the independence of the national judiciary was already shaken to its foundation, and that the virtue of the people alone could restore it." In other words, "The act of congress for repealing the late circuit court law, and vacating thereby the offices of the judges, had shaken to its foundation the independence of the national judiciary, and nothing but a change in the representation of congress, which the return of the people to correct sentiments alone can effect, will be sufficient to produce a repeal of this act, and thereby restore to its common vigour, the part of the federal constitution, which has been thus impaired."
This is the obvious meaning of the expression; and it amounts to nothing more than an argument in favour of that change, which this respondent then thought and still thinks to be very desirable; an argument, the force of which as a patriot he might feel, and which as a freeman he had a right to advance.
The next opinion is, that "the independence of the judges of the state of

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Maryland, would be entirely destroyed if the bill for abolishing the two supreme courts should be ratified by the next general assembly." This opinion, however incorrect it may be, seems to have been adopted by the people of Maryland, to whom this argument against the bill in question was addressed: and at the next session of the legislature this bill, which went to change entirely the constitutional tenure of judicial office in the state, and to render the subsistence of the judges dependent on the legislature, and their continuance in office on the executive, was abandoned by common consent.
All the other opinions expressed by this respondent, as abovementioned, bear the same character with those already considered, they are arguments addressed to the people of Maryland, for the purpose of dissuading them, from the adoption of a measure then depending; and of inducing them, if possible, to restore to its original state, that part of their constitution relating to the right of suffrage, by a repeal of the law, which had been made for its alteration.
Such were the objects of this respondent in delivering these opinions, and he contends that they were fair, proper, and legal objects, and that he had a right to pursue them in this way; a right sanctioned by the universal practice of this country, and by the acquiescence of its various legislative authorities. Such, he contends, is the true and obvious meaning of the opinions which he delivered, and which he believes to be correct. It is not now necessary to inquire into their correctness; but, if incorrect, he denies that they contain any thing seditious, or any evidence of those improper intentions which are imputed to him by this article of impeachment. He denies that in delivering them to the grand jury, he committed any offence, infringed any law, or did any thing unusual, or heretofore considered in this country as improper or unbecoming in a judge. If this article of impeachment can be sustained on these grounds, the liberty of speech on national concerns, and the tenure of the judicial office under the government of the United States, must hereafter depend on the arbitrary will of the house of representatives and the senate, to be declared on impeachment, after the acts are done, which it may at any time be thought necessary to treat as high crimes and misdemeanors.
And the said Samuel Chase for plea to the said eighth article of impeachment, saith, that he is not guilty of any high crime and misdemeanor, as in and by the said eighth article is alleged against him, and this he prays may be inquired of by this honourable court, in such manner as law and justice shall seem to them to require.
[The conclusion of Judge Chase's defence was published in the Intelligencer of the 16th February—its insertion here, is, therefore, considered unnecessary.]
CHARLESTON, March 28.
Interesting.—A report was current in town this morning, that the French have taken possession of Hamburg, and garrisoned it with 20,000 troops. We could not trace the report to its source.
It was also reported at Havana, that the Spaniards had taken the ROCK OF GIBRALTAR , by storm.
Extract of a letter dated Nantes, Feb. 1, to a gentleman in Charleston.
We have just received intelligence that a French division of line of battle ships is before Gibraltar, and that Spanish troops are marching from all quarters of Spain to lay siege to that beehive, the garrison of which is almost spent by the plague, with which it has been lately accursed. They are fitting out in all the ports of Spain with an uncommon degree of activity and eagerness. The war is in a greater blaze than ever, approaching us nearer to a peace than we are aware of.
Russia and Sweden appear to intend to declare war against France. It is but a report, which might however, turn into reality.
A French squadron of seven ships of the line, as many frigates, and a few sloops, having on board choice troops, have just slipped from Rochefort. Their destination is unknown.
FREDERICKSBURG (V.) April 11.
We understand that at Stafford court-house on Tuesday last, it being court day, a Mr. Jones, without the smallest provocation, stepped up to Mr. Waugh, and gave him three or four blows with his fist, and put a period to his existence. He endeavoured to make his escape, but
by the vigilance of some persons was apprehended. A jury was held on the body, and brought in a verdict that Waugh came by his death from the blows received from Jones without any just provocation. He was committed to prison to stand his trial at the next district court.
ALEXANDRIA, April 15.
The following is the aggregate number of votes in the district for a member of the House of Representatives of the United States:
   Col. Elzey. Jos. Lewis.     Prince William 179 74   Loudoun 237 515   Fairfax 150 150   566 719   506    Majority for Lewis in the district 153
NORFOLK, April 8.
Capt. Dickson of the schr. Friends Adventure, left Havanna the 26th of March. He states that a report had been circulated there, by a gentleman arrived from the north end of Jamaica, that a fleet had invaded and was bombarding Kingston. We hardly think that the small fleet of Admiral Minissis would attempt such an enterprize, and are therefore led to suppose that the squadrons said to have escaped from Brest and Toulon, or some part of them may have arrived. In other respects the time agrees very well with that of the departure of Minissis from Nevis, and a report in one of the Northern papers, of a number of ships of war having been seen off the north side of Porto Rico. If this be true it would appear that the designs of these fleets was from the first against Jamaica; that they called to Windward merely to rendezvous: and that their visit to Dominica, St. Christopher, & Nevis, was merely en passant , for purposes of "domiciliary vexation" without any view to permanent conquest. Whatever may have been the object of the Emperor in dispatching them, their progress through the Islands has more resemblance to the predatory voyages of Sir Francis Drake, than to the movements of a national squadron: and we are from thence more confirmed in the idea that their ultimate destination was farther to leeward. Whatever may be the issue of an attack on Jamaica, no doubt can be entertained that even so small a squadron possesses the power of doing to such a port as Kingston, and to the fortifications, immense injury. The interest which the commercial world has in this expedition, must make them extremely anxious for a knowledge of the truth or falsehood of the report, which had reached the Havanna. From the number of American vessels left there, we hope soon to hear something more particular.
French Piracy.—Intelligence was received on Saturday, by letters from Havanna, that Capt. Evans, late of the ship Eliza of this port, had arrived at that city, having been captured by a French privateer, himself and all his crew put on shore on the Isle of Pines, and the vessel ordered for a port on the south side of Cuba.
The Eliza was from the north side of Jamaica, laden with Rum, bound to this port; both vessel and cargo the exclusive property of Messrs. Conway & Fortescue Whittle of this place: no possible cause of capture existed.
It is to be apprehended that this is but the commencement of a regular process of depredations, such as our commerce experienced, and such as roused the resentment of our nation, during the last war. The piratical intention of the captors in this case, is proved by their sending the master and crew out of the way. The general opinion at Havanna was that the cargo would be landed at some port of Cuba, and the vessel sunk or burnt to prevent any effectual inquiry.
Extract of a letter to a French gentleman in Baltimore, dated Guadalupe, March 16.
"I have to inform you, that the two French squadrons have united—one from Toulon, and one from Rochefort. The latter has made terrible havoc amongst the enemy—from seven to eight hundred vessels, large and small, having been taken, sunk, or burnt; besides which, the squadron has raised contributions on all the English Windward Islands. Spanish Trinidad alone, taken by the Toulon squadron, has escaped contribution, as the French have placed a garrison in it, and mean to keep it in their possession. The united squadrons consist of 23 sail of the line and 21 fri-
gates, besides 30 other vessels, such as corvettes, transports, &c. making in all 74 sail. The precise object of the expedition is a profound secret, all the officer having their orders sealed. It is said that there are eighteen thousand men on board this fleet. You may, if you think proper, communicate the above information to your friends."
MARTINSBURG, April 26.
On Monday last an election was held in this town for the purpose of choosing two representatives of the County of Berkeley in the General Assembly of Virginia, and for a member of Congress to represent the Counties of Berkeley, Jefferson and Hampshire. At the close of the poll the votes stood as follows:
CONGRESS.
   James Stephenson, 276 Col. John Morrow, . . 267   9   Majority for Morrow in Jefferson, 50 do. for do. in Hampshire, 55  
   Majority for Stephenson in Berkeley, 9 105  
   Total majority for Morrow, 96  
ASSEMBLY.
   Philip C. Pendleton, Esq. 287 Elect.   Matthew Ransom, . . 297   George Portefield, Esq. 279   John Gray, . . . . 245  
ERRATA.
In the second paragraph under the Martinsburg, h in last Friday's Intelligencer , for automatus read automatus.
A turbulent and factious spirit is beginning to manifest itself, in some parts of this still unsettled country, which would tear up the ancient land marks of Government, and eradicate every principle of a really free constitution. Innovations are always dangerous, and innovators have always been feared. Diodorus Siculus informs us of a regulation of Charondas, the legislator of Thurium, in Magna Græcia, which, with some mitigation of its severity, I should be glad to see in force here.
Charondas is said to have instituted a most strange regulation, with regard to the amendment of laws; for, observing, in most states, the established forms and government disturbed, and the people drawn into insurrection, by the number of persons who undertook to reform the constitution, he made this singular and unprecedented law. He ordained, that any person who wished to amend any law, should attend, when the senate met to consider it, with his head in a noose, and there continue till the sentiments of the people on the proposed amendment were declared. If it was confirmed by the assembly, he was released; but, if it was negatived, he was immediately strangled.
THE subscriber intending to remove from Martinsburg to his plantation, on the main road leading to Winchester, 1 mile from the Yellow House, informs such of his customers as have left watches to be repaired with him, that, such of them as are finished, will be left with Mr. John Hooper of Martinsburg, together with the bills for repairing; such as are not yet done, he will take with him (if approved of) and when finished return to the said Hooper. He will continue the Clock making and Watch repairing business at the place he is going to, and will thankfully receive any commands in the said line.
He will sell at public vendue, at his house in Martinsburg, on Monday the 6th of May next, a variety of Household Furniture, consisting of a Case of Drawers, Tables, Chairs, two Stoves, and a number of other articles too numerous to mention. He will also sell a good Mare, suitable for saddle or draft. Nine months credit will be allowed, the purchaser giving bond with approved security. The sale will begin about ten o'clock.
REES BRANSON.
April 26, 1805.
ONE CENT REWARD.
RAN away from the subscriber living in Garrard's-Town, some time ago, an apprentice boy named James Thomas, for who's apprehension I will give the above reward.
EDWARD JENNINGS.
April 26, 1805.
DOCTOR T. PRICE,
RESPECTFULLY informs the citizens of Martinsburg and the public generally, that he has commenced the practice of PHYSIC, SURGERY, &c. in this town. Having acquired a pretty general knowledge of the theory and practice of the above arts, he will thereby be enabled to do justice to his profession, and with great care and assiduous attention to business he will endeavour to render satisfaction to all those who may please to place confidence in him. Martinsburg, April 26, 1805.
Doctor Wilcox
HAVING recovered from a low lingering state of health, in which he declined the practice of Physic and Surgery, now informs whoever stands in need of his assistance, that he has resumed the said practice—and as all old Doctors generally as they decline practice put off the most disagreeable part, that is Surgery, (if they practice it) he has also done the same, and set several young Doctors to use the instruments of Surgery under his directions, which he then thought would be a public benefit, by leading the young Doctor into an experimental knowledge of operations, but now finds it has turned out a public injury, by inconsiderate people supposing the one that used the instruments of surgery, was the principal Doctor, altho' he performed only by particular directions, whereupon more dependance has been placed in the young and inexperienced, than was for the general good of those labouring under difficult cases—Therefore he now informs, that he will hereafter perform all operations himself, in cases where he advises the operation, or any other that he is required to do, but may be attended by as many Doctors as the patient chuses.
He will do any kind or form of Writing, such as Wills, Deeds, Indentures, Articles of Agreement, Powers of Attorney, &c. Martinsburg, April 26, 1805.
TAKE NOTICE.
THE subscriber having declined the Mercantile business, now offers his property in Garrard's-Town (alias Middle-Town) Berkeley County, for rent; there are four half-acre lots, three of which corners on the main street and a 20 feet alley; on one is a good Dwelling House and stone Kitchen, with a good Spring of limestone water in the cellar, also a Wash and Smoke House, Barn, Stables, Corn House, &c. all in good repair; on one other Lot opposite is a large Garden and a convenient Granary on the corner; on the opposite side of the street is a Lot, on which is erected a large Store-House, Counting House and Ware-House, under one roof, with a large dry cellar; and every convenience necessary for a Merchant, which has been occupied as a Store for 18 years, and is equal to any stand in the district for doing an extensive business in the retail way, and is well worth the notice of any industrious man in that line. Possession will be given on the 20th of May next, or perhaps sooner if required. For terms apply to the subscriber at his residence adjoining said town. WILLIAM WILSON. Prospect-Hill, April 26, 1805.
Will be exposed to public vendue, on Friday the 17th of May next, at the dwelling house of the subscriber living in Shepherd's-Town, a quantity of
GOODS and Merchandize; also, a number of articles of Household Furniture, too tedious to enumerate. Nine months credit will be given the purchasers [for all sums above three dollars] by entering into bond with approved security. The sale to commence at ten o'clock, when due attendance will be given by BENJAMIN BOYDSTON. April 26, 1805.
N. B. ALL persons indebted to the subscriber, either by note or book account, are requested to make immediate payment.
Will be sold at public vendue, at the tavern of Cyrus Saunders in Charles-Town, on the second day of Jefferson May Court, which will be the 15th day of the month, five strong Wagon HORSES, on a credit of nine months, on bond and approved security being given.
JOSIAH FLAGG.
April 26, 1805.
Mr. William Wilson Prospect Hill

The SOCIAL INTHUSIAST.
O could I meet the heart for me design'd Which to no wealth, or fame, or pow'r aspires; Sincere and gentle, tender, chaste and kind, And tied, like mine, of all the world admires; Would love to sit in yon sequester'd shade, And what she feels, to speak without control; Or hang with fond attention, while I read The plaintive notes of some congenial soul; Or list while Cynthia to Apollo sings: As through the blue serene she rolls away; Or view Aurora, as she spreads her wings To lead the glories of the new-born day. Content and happy where'er I go, To warm and cool, to love and hate with me; To taste my pleasures, and to share my woe; In all my changes, to each change agree. O! say, my Genius! if thou canst di- vine, And if the fate will grant thee leave to tell; Whose is the bosom that responds to mine? Where does the social, kindred spirit dwell? Deep in the Western desert does she live? Driv'n from the world by some oppres- sor's wrong; Or on some lonely island thrown to grieve The keen distresses of a life too long? Or on the top of Andes' snow-clad cliff, Or 'mongst the rocks that bind its arid side; Or on the bosom of the sea, adrift, A guideless wou'd'er o'er the restless tide? Or, faint with toiling, and depressed with woe, A hopeless stranger to the joys of home; Each step more feeble, and each pulse more slow, 'Midst bleak Arabia's sand-hills does she roam? Or pal'd within some eastern tyrant's court, Is she compell'd to pamper lust and pow'r, While e'en the pamper'd villain dares to sport With all her sorrows, as she counts them o'er? What'er she is, or where to her I fly, And gently soothe her sorrows if dis- tress'd; Or if she's happy, I'll partake her joy, And be, in blessing her, supremely blest.
Spring and Summer Goods.
THE subscriber begs leave to inform his friends and the public, that he has removed his store to the corner house lately occupied by Messrs. F. S. & Co. where he has now on hand a ready for sale, in addition to his former stock,
A Large and General Assortment of SPRING and SUMMER GOODS.
Which will be sold unusually low for Cash or Country Produce. JAMES FAULKNER. Martinsburg, April 15, 1805.
Fresh Spring Goods.
The subscribers have just received from the City of Philadelphia, and are now opening an extensive assortment of
Fresh Fancy Goods,
Consisting of Callicos, Chintzes, Di- mities, Laced and Plain Cambric Mus- lins, Leghorn, Willow and Chip Bon- nets, Willow Flats, fashionable Crape Bonnets, fancy Ribbons, Lutestring Wreaths and artificial Flowers, and a quantity of elegant Damask Silk Shawls, &c. &c. They have also on hand Bar- Iron, Castings and Steel, which they are selling uncommonly cheap for cash.
SELBY & CROW. Shepherd's-Town, April 19, 1805.
CASH Given for clean Linen and Cotton RAGS, the Office of the INTELLIGENCER.
ROBERT MORROW,
BOOT & SHOE MAKER,
RESPECTFULLY informs the in- habitants of Martinsburg and its vicinity, that he has commenced the a- bove business in this town, in the house lately occupied by Mr. J. Adamson, near- ly opposite to Mr. C. D. Stewart's, where he will thankfully receive any commands in his line, and engages to execute his work in such a manner as shall give en- tire satisfaction to his employers. Gen- tlemen may be furnished on a short no- tice with the most fashionable Boots, of every description, &c.—and ladies work of every kind will be executed with the greatest taste and in the most fashiona- ble stile.
April 12, 1805.
TAKE NOTICE.
THOSE indebted to the subscriber are informed that their respective obligations and accounts are lodged in the hands of Maj. Elisha Boyd for col- lection; and it is expected they will be discharged previous to May Court, at which time he intends to return to Mar- tinsburg.
THOMAS PATTERSON.
April 12, 1805.
I HAVE had in my possession, since the 20th of March, a MARE of a light brown colour, about 15 hands high, 7 or 8 years old, is a natural trotter, one of her hind feet white, three small sad- dle marks, and new shoes on her fore feet, which mare I got in a swap from a person who called himself John Surk, and after the swap had taken place, he was suspected of having stolen the mare, and on his examination before a mag- istrate, he confessed he had escaped from the wheel-barrow in Maryland; and he made his escape before he could be fur- ther prosecuted, leaving both the horse he swapped for and the above described mare with me. The said mare has been appraised according law, and valued at 80 dollars. As it is probable the said mare was stolen, the owner may have her again by proving property and paying charges.
HUGH DAVIDSON.
Mill-Creek, Berkeley } County, April 12, 1805 }
The subscriber will sell at public vendue, on Monday the 29th instant on the pre- mises, a
Valuable Tract of Land,
Situate at the Bridge on Opeckon Creek, on the main road leading from Marti- nsburg to Shepherd's-Town, 2 miles from the former and 7 from the latter place, in Berkeley County—This tract contains 375 acres, more than 200 of which are cleared, about 70 acres of good Bottom land, all of which can easily be conver- ted into Meadow—The above tract will be divided into two equal parts, and sold separately. The terms will be one half the purchase money in hand, the other half in twelve months. This tract is free from any incumbrance, and a clear and indisputable title will be made the purchaser. Possession may be had im- mediately.
DANIEL VAN METRE.
April 12, 1805.
The elegant full-bred Horse, CLYTO,
WILL stand this season at the stable of Mrs. Eckhart in Shepherd's- Town, Jefferson County, the three first days in each week—and the three last days in the week at the stable of James Anderson, in Martinsburg, at the low rate of 8 dollars the season, to be paid against the 1st of September next, but 6 dollars will be taken in lieu of the 8 if paid with- in the season, and 12 dollars for insur- ance, to be paid as soon as the mare is known to be with foal, disposing of the mare forfeits the money whether she is with foal or not. The season has com- menced and will end the 1st of July. His colts meet with the approbation of the people generally, and are considered su- perior to any others in this county.
MACKY MCCULLOM.
April 12, 1805.
Lewis & Robert Willis,
Have just received and are now opening
SPRING and SUMMER
GOODS.
Selected from the newest and most fash- ionable impressions, together with a general assortment of
Queen's Ware, Glass Ware, Hard Ware, Sadlery & Cutlery. They have also on hand, Imperial, French Brandy, Henson, Sherry, Henson Skin, Port & } Wines. Souchoag & } Bohea, Lisbon, Holland Gin, Country twilled N. E. Rum, Bags, Rye Whiskey, & Spinning Cotton, Apple Brandy, Crowley and Blistered Steel, &c. &c.
All of which they are determined to sell unusually low for Cash, or approved Country Produce. They are with much respect, the public's obliged and humble servants.
Martinsburg, April 12, 1805.
A List of Letters remaining in the Post Office, Shepherd's-Town, on the 1st of April, 1805, which if not taken out before the 1st of July next, will be sent to the General Post Office as dead let- ters.
B. Zadoc Blames. Henry Barnhart. John Briley. Matthias Brown. C. Thomas Cocks. Henry Cocks, 2. Abraham Cox. John Campbell. D. Edward Delman. F. Henry Ferman, care of M c Muran. H. William Haines. Mary Holladay. Abraham Hively. Valentine Hill.— John Hewitt, 2. L. Michael Lehle. Robert Lemon. M. John Melvin. James M c Kisick. James M c Gee. Christian Mahnpey.— Thomas M c Cance. Abraham Morgan. N. Reuben Newkirk. R. Robert Russell. S. Stephen Shaw. David Sugar. T. Anthony Turner. U. John Ussel. W. Solomon Williams. Mary Wil- iamson. Adrian Wincoom.
JAMES BROWN, P. M.
TO BE SOLD,
PURSUANT to a Deed of Trust executed to the subscriber by Van Rutherford, to secure the payment of a certain sum of money, in the said deed acknowledged to be due from him to Joseph Chambers, a certain Lot of Land in the town of Shepherd's-Town and County of Jefferson, known in the plan of said town by No. 129, on which there is a good Dwelling House, Kitchen, &c. Also one Lot of Land in the town of Charles-Town and County afore- said, known in the plan of said town by No. 16, on which there is a good Dwelling House and some out Houses.—Also one half of Lot No. 5, and one half of Lot No. 6, in said town of Charles- Town. The abovenamed Lot in Shepherd's-Town, with its appurtenan- ces, will be set up for sale, on the pre- mises, to the highest bidder for ready money, on Friday the 17th day of May next, those in Charles-Town on the day following, to wit, the 18th May next, the sale to commence at 12 o'clock each day.
MATTHEW RANSONE,
Trustee.
April 12, 1805.
The subscriber has a number of well- finished
CLOCKS,
Which he will warrant for ten years, some of which have elegant Cases, that he will dispose of on advantageous terms, for good paper, or on a credit of six or nine months.—He continues the Clock making and Watch repairing business.
He has also for sale, a number of Silver
WATCHES,
Of various kinds and prices.
REES BRANSON.
Martinsburg, April 12, 1805.
A LARGE QUANTITY OF FRESH
Clover Seed
for sale, by JEREMIAH EVANS. Martinsburg, March 29, 1805.
REMOVAL.
THE subscriber respectfully informs his friends and the public, that he has removed his store to the corner stone house near the Court-House, formerly occupied by E. Beeson & Sons, and lately by Mr. Jeremiah Evans, where he has on hand a large assortment of
Dry Goods, Groceries, Liquors, &c.
in addition to which he has just receiv- ed, a very large and well-selected assortment of
Far-Iron, Plow-Irons, &c.
Also—a quantity of Weaver's REEDS, of all sizes.
THOMAS C. SMITH. Martinsburg, April 5, 1805.
Fresh Spring Goods.
THE subscribers respectfully inform their friends and the public, that they are now opening an extensive and complete assortment of FRESH Spring GOODS, of every description, which they are selling cheap.
JAMES & JOHN LANE. Shepherd's-Town, April 5, 1805.
NOTICE.
AS guardian for Robert Lyle, sundry obligations (given for property pur- chased at the sale of the estate of Robert Lyle, dec.) have come into my hands, which, if not paid before the 10th day of May next, will be put into the hands of an attorney for collection.
JAMES CAMPBELL, Guardian. Middle-Creek, March 22, 1805.
HOTSPUR,
WILL stand at my stable this Sea- son to cover mares at four dollars the season, the money to be paid on the 15th of October next; seven dollars to insure a colt, the money to be paid when the mare is known to be with foal, and one dollar and an half the single cover, the money paid down. Good clover pasture will be furnished for mares that come from distant places, at 25 cents per week, but I will not be responsible for accidents or escapes.
Hotspur is a fine bay, with a black stripe from his mane to his tail, sixteen and an half hands high, with bone in proportion, five years old the 19th day of this month. He was got by the Ae- opus ball, purchased for, between five and six hundred dollars, in Maryland, by Mr. James Foreman—his dam was purchased by me, for two hundred dol- lars of James Moore, who told me, she was got by Hotspur, imported by Col. Clarke in Pennsylvania, and was a mix- ture of the Hunter and Dray breeds. No horses are more useful to the inhabitants of this valley, than those who combine strength and activity together.
W. PENDLETON.
April 19, 1805.
N. B. The season has commenced, and will continue till the last of June. W. P.
Smith's Shop to rent.
THE subscriber has to rent a Smith's Shop, with a Dwelling House ad- joining, in a good situation for a Black- smith—The terms will be made easy.
ROBERT SNODGRASS. Back Creek, March 29, 1805.
MARTINSBURG, Berkeley County, Virginia; Printed and published by JOHN ALBURTIS.
TERMS OF THE INTELLIGENCER.
THE price of this Paper is two dol- lars per annum, one dollar payable at the time of subscribing, and one when the year expires. Distant subscribers pay for the whole year in advance. The price of Advertisements, to non-sub- scribers, is one dollar per square for three weeks insertion, and for contin- uance after that time 25 cents per week; Subscribers will continue to receive a re- duction of one fourth on their advertise- ments.