Norfolk gazette and publick ledger (Norfolk [Va.]), 1805-02-20 00:00:00

NORFOLK GAZETTE AND PUBLICK LEDGER.
VOL. I.]
WEDNESDAY EVENING, FEBRUARY 20, 1805.
[NO. 94.]
A vessel of about 150 to 200 tons burthen is wanted on Charter, for Jamaica.
JOHN GRANBERY.
February 18. tf 434
FOR FREIGHT, (To L. shon, or Oporto,) THE SNOW MARY, O. Rich, Master:— Burthen 160 tons, a staunch good vessel. Apply to the Master on board at Newton's Wharf, or to
WILLIAM PENNOCK.
February 18. tf 436
FOR CHARLESTON, (S. C.) The fast sailing (Packet) Sloop FLORA, Captain Chase, Master:— Will sail in a few days. For passage only, (having excellent accommodations) apply to the Master on board, at Newton's Wharf, or
MARTIN FISK.
Who has for Sale, on board said vessel, SIX TONS LIGNUMVITAE. Which will be sold low if applied for soon. February 15. tf 419
FOR LONDON, The new fast sailing ship MEDFORD, Josiah Barnard, Master:— Will sail by the 21st instant. For passage only (having good accommodations) apply to the Master on board, or to
MOSES MYERS.
WHO OFFERS FOR SALE, 1000 Barrels Superfine FLOUR. 100 do. Fine do. February 15. tf 421
LANDING On Town Point, out of the Schooner Sarah, from Guadaloupe, 78 Casks GREEN COFFEE. 40 Hogsheads Clayed and Muscovado SUGAR. For sale by
ROBERTSON & BROWN.
ON HAND, OF OTHER IMPORTATION. Jamaica and St. Vincent Rum. Cognac BRANDY. Madeira WINE, old and fit for immediate use. 5000 Bushels Coarse SALT, a-float.—Which will be sold low, taken from a long-side
A FREIGHT
For a fine Coppered Ship, of 260 tons, is wanted for a port in France. Apply as above. February 15. tf 426
WANTED TO CHARTER, (For the Island of St. Thomas,) A vessel of about 700 or 800 Barrels burthen. Apply to
WILLIAM ROBERTSON;
At Mrs. Patterson's, Main-Street. 2* 427
FOR SALE, FREIGHT, OR CHARTER, The fine fast sailing Brig EDWARD & CHARLES, Edward Pettigill, Jun. Master:— Burthen 130 tons or 1300 barrels—about two years old; will be ready in two days to receive a cargo.—For terms apply to the Master on board, or to
PHINEHAS DANA & CO.
WHO HAVE RECEIVED For said vessel from St. Thomas, and offer for sale, 2300 lbs. Prim: GREEN COFFEE. 10 Tons FUSTICK. 2 do. LOGWOOD. February 15. tf 428
I WANT TO PURCHASE, 6000 Bushels of White Indian Corn. AND I WANT TO CHARTER, A good light vessel of the above burthen, for a port to the Southward. JOHN C. NIEMEYER. February 13. tf 417
FOR CHARTER, THE AMERICAN SCHOONER THOMAS, Burthen 800 Barrels. In complete order to receive a cargo. C. & F. WHITTLE. February 13. tf 410
FOR FREIGHT OR CHARTER, The Schooner VICTORY, Ebenezer Leacock, Master:— Burthen 120 tons, a staunch strong vessel.—For terms apply to the Master on board, or to
PHINEHAS DANA & CO.
WHO OFFER FOR SALE, RECEIVED PER SAID VESSEL FROM SALEM, 18 Hogsheads, } N. E. RUM. 4 Barrels, } 10 Tons PLAISTER PARIS. 120 Small Kegs SOUNDS & TONGUES. February 13. tf 416
FOR SALE OR FREIGHT, (TO CHARLESTON, S. C.) The fine new fast sailing Pilot Boat built Schooner CHANCE, Captain JOHN ARBOTT. 75 tons burthen or 400 barrels, complete fitted for sea, and now ready for the reception of a cargo. For terms apply to
JOHN STRATTON.
February 11. tf 407
FOR SAVANNAH, The Schooner RISING SUN, Captain Taylor. Will sail in four or five days. For freight or passage, apply to
MARTIN FISK.
Who is this day landing from said Schooner, 100 Tierces fresh RICE. 16 Half Tierces do. February 4. tf 392
FOR SALE, (if applied for in three days) The fast sailing Schooner PHOENIX, Now laying at Newton's wharf, burthen 100 tons, and only one year old. Apply to the master on board, or
William Pennock.
WHO OFFERS FOR SALE, 50 Tons PLAISTER OF PARIS, on board said schooner. December 5. 269
NOW LANDING From on board the Ships Juno and Courtney, from Jamaica, 230 Hogsheads RUM.
For sale by
WILLIAM PENNOCK.
WHO OFFERS FOR CHARTER, THE SHIPS JANE, of 417 Tons. JUNO, of 260 do. COURTNEY, of 200 do. All ready to receive cargoes. January 21. tf 358
FOR SALE or CHARTER, The good Ship PATSEY, DAVID G. BOWLES, Master, Burthen 370 tons, will carry 600 hogsheads Tobacco. For terms apply to the Master on board, or to
Moses Myers.
Who has for Sale, on board said ship, About 5000 bushels Isle of May SALT. November 12. tf 227
FOR SALE, A very superior PILOT BOAT, Just launched, of the following dimensions, 38 Feet 6 inches Keel. 15 do. 6 do. Beam. 6 do. Hold. Now lying at Newton's Wharf. For terms apply to
Wilson, Cunningham & Co.
WHO HAVE IN STORE, 25,000 lb. COFFEE. 20 Tierces Dutch LINSEED OIL. November 16. tf 293
The Merchants at Petersburg, and Richmond, who have orders to ship Tobacco in the British Brig UNION,
Captain Hiningbottom, for Guernsey, are respectfully informed, that the brig has been ready to receive her cargo ever since the 24th ult.—The Captain not knowing the names of the respective shippers, has induced the consignee to give this publick notice. Norfolk, January 14. tf 337
FOR SALE, The fast sailing Schooner FRIENDS ADVENTURE, Elegantly fitted for a Packet, and burthen 55 tons, she is in complete order, and the terms will be made easy. December 14. tf 287
ROBERT GIBSON.
FOR FREIGHT OR CHARTER, The remarkably fast sailing copper bottomed Ship THOMAS WILSON, CHRISTOPHER TOPKINS, Master:— Burthen 308 tons or 450 hds. tobacco. Will be ready for the reception of a cargo in a few days. Apply to
Wilson, Cunningham & Co.
December 5. tf 270
FOR FREIGHT OR CHARTER, The Schooner HERO, John Sweet, Master:— Burthen about seven hundred barrels—now ready to receive a cargo. For terms apply to the master on board, or to
C. FRY.
January 23. tf 364
FOR SALE, A PEW in Christ Church. Apply at the office of the Publick Ledger. Jan. 21. tf 357
THE Commissioners in a Commission of Bankruptcy
awarded and issued against JOHN COWPER & Co. hereby give notice, that James Howat, Francis S. Tay do and John Davidson, late Assignees of the Estate and effects of said Bankrupts, have been discharged (at their own request and desire) from being Assignees, and that James Tucker, is appointed Assignee in their stead, and that the said Bankrupt's Debtors, are not to pay their Debts to the Assignees removed. February 13. tf 414
NOTICE.
ALL Persons indebted to the Estate of JOHN COWPER & Co. are called on for an immediate settlement.—Suits will be issued against all Debtors to the Estate, (who refuse to comply with this request) in ten days from this date. February 15. tf 413
NOTICE.
ALL persons indebted to the Estate of CORNELIUS CALVERT, Esq. deceased, are requested to make immediate payment; and if any persons should have any claims, they are requested to bring them forward, properly attested, and they shall be paid by
JAMES TUCKER, Executor.
WHO WILL RENT Some Warehouses on Calvert's Wharf, or will receive Goods on Storage, on the most moderate terms. February 13. 3 411
LOST,
On Friday the first instant, between Mrs. Pagaud's School and Catharine-street bridge, A GOLD LOCKET. Device, A Tomb shadowed by a Weeping Willow—A female in the act of wreathing flowers round two Urns, placed upon the tomb:— motto "Deep is the Sorrow, genuine the Tear". Whoever has found, and will return the above to the Office of the Ledger, shall be generously rewarded. Feb. 4. 6t 391
BUTTER
FOR SALE BY PHINEHAS DANA & CO. February 11. tf 403
BEING desirous to close my LUMBER BUSINESS, I will sell the remaining Stock I have on hand, on very moderate terms:—Consisting chiefly of a general assortment of Scantling. Also, an excellent large new Lighter. Those that are indebted to me for Lumber, or otherwise, are requested to make immediate payment, as no indulgence can be given. February 11. tf 403
JOHN STRATTON.
FRESH RAISINS. A FEW FRAILS OF FRESH RAISINS AND FIGS. For Sale by MARTIN FISK. January 11. tf 336
INTENDING to place my property in the hands of Trustees, for the purpose of securing to my Creditors the most equal distribution of it, and being desirous of giving my Trustees as little trouble as possible, I request all persons having accounts with me, to be prepared for an adjustment of them, on or before the tenth of March next. February 18. tf 432
FRANCIS S. TAYLOR.
AN APPRENTICE WANTED TO ATTEND A Wholesale & Retail Dry Good Store, A Lad of about 16 years of age, honest, and industrious, of a good education, and gentle connections.—None need apply without solid recommendation.—Inquire of the Printers. N. B. One from the Country would be preferred. February 15. 6 420
A CHOICE PARCEL OF FINE IRISH LINEN, Imported from Dublin, per ship Medford. For sale by MOSES MYERS. February 15. tf 422
NOW LANDING On Newton's Wharf, from on board the Schooner Plough-Boy, Captain Davis, from Martinique, 62 Hogsheads, } Muscovado Sugar. 4 Tierces, } 66 Barrels, } 9 do. } COFFEE. WILLIAM PENNOCK. February 15. tf 423
WILL BE LANDED, From Brig Triton, from Copenhagen, 40 Tons Petersburg Clean HEMP. 20 do. Best quality SWEDISH IRON. 300 Bolts RUSSIA CANVAS. 100 do. RAVENS DUCK. For sale by WILSON, CUNNINGHAM & CO. February 15. tf 424
DESERTION. DESERTED from this Garrison, on the night of the 13th instant, CHARLES SHUNK, a Private in my Company of Artillerists—he is a German by birth, twenty years old, five feet four inches high, light sandy hair, light blue eyes, fresh complexion, by occupation a Baker. Ten Dollars will be given as a reward, on his delivery at this Garrison. J. SAUNDERS, Capt. U. S. Art. Commanding. Fort Nelson, February 13. 1m 425
TO RENT. THAT excellent DWELLING-HOUSE and GARDEN, lately the residence of Cornelius Calvert, Esq. deceased, with or without the WHARF, and immediate possession given. For terms apply to J. TUCKER. January 20. tf 377
FOR SALE, 1800 Bushels Black-Eyed PEAS—a-float. 40 Bbls. Alexandria Pilot and Navy BREAD. BALLS & DANJOU. February 6. tf 396
WE HAVE FOR SALE, 650 Barrels Fine, } FLOUR—Hazall's Brand. 350 do. Superfine, } ALSO, 100 Barrels SHIP STUFF, and a quantity FRESH MEAL, in Bags and Barrels. J. & W. SOUTHGATE. February 11. tf 402
NOTICE. THE PARTNERSHIP OF STRATTON & COLE, Will dissolve by mutual consent, on Thursday the 14th of March next. ALL those who are indebted to them, are requested to make immediate payment, as no indulgence can be given:—And those who have claims, will bring them in for adjustment, and payment as quick as their business can be settled. On the same day, will be Sold, at Publick Auction, if not previously disposed of at private Sale, ALL THEIR STOCK OF GOODS, CONSISTING OF A GENERAL ASSORTMENT OF GROCERIES AND SHOP UTENSILS. ALSO—THE TWO HOUSES, Now occupied by them on Campbell's Wharf, which is an excellent stand for business. JOHN STRATTON; JOSIAH COLE. February 8. tf 400
FOR SALE, The Cargo of the Brig Fame, from St. Domingo, consisting of 140,000 wt. Choice Green COFFEE. 10,000 wt. LOGWOOD. JAMES YOUNG. January 25. 9 367
The Subscribers have for Sale, 100 Hogsheads Old TOBACCO. 106 Puncheons high proof Jamaica RUM. 50 Hogsheads CLARET. 200 Barrels Superfine FLOUR. 300 do. Prime PORK. C. & F. WHITTLE. February 6. tf 397
NORFOLK DRAW-BRIDGE COMPANY, JANUARY, 14th, 1805. THE Directors have this day declared a Dividend of five per cent. on the Capital Stock, for the half year, which will be payable to the Stockholders, or their legal representatives, after the 14th February next. 350 WILLIAM CAMMACK, Treasurer.
WANTED IMMEDIATELY, A WET NURSE. To whom liberal wages will be given.—Apply at the Office of the Publick Ledger. January 4. tf 386
FOR SALE, 1350 Barrels Superfine and Fine FLOUR, Most of it a-float, and all from Richmond. ALSO, JUST RECEIVED, SOME CHOICE FAMILY FLOUR. EDWARD JOHNSTON, Gibson's Wharf. February 15. 9 429
Valuable Lands and Property, IN NORTH-CAROLINA, KENTUCKY AND VIRGINIA.
ON the first Monday of April next, at seven o'clock in the evening, (if not previously disposed of at private sale) at the Merchants' Coffee-house, in the city of Philadelphia, by order of the Assignee of M'Calmont & Boys, will be sold, to the highest bidder, all the right, title, and interest, which they had and assigned for the benefit of their creditors in the Mortgages, Land, and Property, following:—
A Mortgage dated 8th November, 1799, by John Shaw to John Hamilton, of one fourth part of a Tract of Land and Swamp, in Camden County, North-Carolina, called "The New Lebanon Estate," containing 24,000 acres, more or less. A Mortgage dated 8th November, 1799, by John Shaw, and Matthias E. Sawyer, to John Hamilton, of one half of a Tract of Land, called "The Old Lebanon Estate," situate at the head of the County of Camden, in North Carolina.
These two mortgages were given to secure the payment of a Bond dated 6th Sept. 1797, in which John Shaw and others are bound in the penal sum of 16,000 dollars, for the payment of 3,000 dollars, with interest, to John Hamilton, on or before the 22d of September, 1799; and were assigned by him (that part of the "Old Lebanon Estate" which he claims under M. E. Sawyer only excepted) to Samuel Boys on the 18th April, 1803, upon his paying to the mortgagee 5600 dollars, 40 cts. being the amount of principal, interest and costs then due on the mortgages. This assignment was made in pursuance of a decree of the Court of Equity in the district of Edenton, and the consideration money advanced by the Assignee of M. & B. for the benefit of their creditors, and by their request.
A mortgage dated April 4th, 1800, by John Shaw to M'Calmont and Boys, of one undivided fourth part of "The New Lebanon Estate," above described, and one undivided sixth part of "The Old Lebanon Estate," containing 7,000 acres, more or less.
This Mortgage is conditioned for the payment of a Bond in which John and William Shaw are bound for the payment of 3642. 10s. Pennsylvania currency, to George M'Calmont, on or before the 20th June, 1800, with interest.
These three Mortgages (excepting that part of the Old Lebanon estate which J. Hamilton claims under M. E. Sawyer) with the debts secured thereby, will be sold together. The immense value of the Estates mortgaged, affording an exhaustive supply of all kinds of Lumber, and in the neighbourhood of and partly bounded by the Lebanon Canal, gives the most ample security for the mortgage money; and its amount will probably put it in the power of the purchaser to become entire owner of the shares of the estates mortgaged.
A mortgage dated 5th Sept. 1799, by Robert Camp to G. M'Calmont, of a Tract of Land in Prince William county, Virginia, on the main run of Occoquan, for securing the payment of 850 dollars, with interest. This Mortgage is duly recorded, &c.
Also, all the right and title of Samuel Boys, and by him assigned for the benefit of his creditors, in the following valuable Tracts of Lands in Kentucky:
ACRES. 22,000 in Jefferson county, Floyd's Fork. 6,847 1-2 in Elk county, on the waters of Elkhorn, about ten miles from Frankfort.
2,000 corner of Elkhorn creek, waters of Ohio, adjoining land of Lowry Griffin's Farm. 290 in Bourbon county, Licking creek.
400 do. do. 1,000 in Bourbon county, north fork of Licking, adjoining a survey of Joseph Russel, of 306 acres, to the north.
4,466 in Clark county on Miller's creek. 1,494 } In Floyd's Fork. 1,000 }
10,000 on Rock Castle. 50,000 on Green river.
6,500 on North Elkhorn. 4,000 on Miller's creek.
6,000 Licking creek. 2,000 on Harden's creek, military lands.
1,000 on North Fork of Beargrass, an old military claim. 500 on Salt river, Harden's creek, Floyd's Fork.
13,000 surveyed for the estate of F. Lewis, deceased. 1,000 do. Fishpool.
1,000 on Floyd's Fork. 6,000 on Harden's creek, opposite the mouth of Eagle creek.
1,000 on Rolling creek. A liberal credit will be given and the conditions of sale made known at the time appointed, or previously upon application to the subscriber, who will give information as to title, quality of lands, &c. and is authorised to treat with persons inclined to purchase by private contract.
WILLIAM MEREDITH,
Attorney for the assignee of M'Calmont and Boys. Philadelphia, January 22. 2awt1A. 430
THE SUBSCRIBER, HAS FOR SALE, AT HIS BAKE-HOUSE,
No. 1, Commerce-Street. 400 Barrels Navy, } 200 do. Ship, } BREAD. 200 do. Pilot, }
CRACKERS, Of the first quality, in Barrels, Half Barrels, Quarter Barrels, and Kegs. STEPHEN HARRIS. February 1. tf 382
WE HAVE FOR SALE, 1,000 Barrels TURPENTINE. 1,000 do. TAR. 100,000 Red and White-Oak Hhd. STAVES—and 8 Pipes of BRANDY. Gilliat & Mackinder. November 5. tf 222
NOW LANDING From on board the Brig Maria, Robert Hallen, master, from Bordeaux,
30 Pipes Old COGNAC BRANDY, fit for immediate use. 211 Hhds. CLARET, fit for the West India Market. 100 Casks, do. do. 50 do. Vin de Grave. 500 DEMIJOHNS. 2 Trunks of Silk Stockings, Silk and Kid Gloves and Fans. For sale by William Pennock. Sept. 1. tf 115
LOST IN THE MAIL.
ON the 26th of December last, was put into the Post-Office, near New-Kent Court-House, a letter, addressed to Captain Warren Ashley, at Norfolk, containing 170 Dollars in Bank Notes, which has never been received at that office; although we are satisfied, both by the books of Mr. Glenn, then Post-Master, and by the circumstances attending its delivery, that it was put into the Mail, and forwarded on the same day.
NOTES.
Bank of U. S. Baltimore, D. No. 1270 50 do. do. F. 1685 20 do. Charleston, G. 286 20 do. Norfolk, B. 1632 20 do. do. B. 216 20 Virginia, A. 36 20 do. N. 1110 20 Dollars 170 HALYBURTON & CO.
New-Kent Court-House, Jan. 30. law3 394

WEDNESDAY EVENING, FEBRUARY 20, 1805.
Impeachment. —The very great importance of the proceedings of the Senate of the United States, in its judicial character, has induced us to give them a preference to every other subject. It is not only to those of the citizens of this country who now live, that their importance applies, but to all who shall hereafter be born in, or come to inhabit it, as long as the constitution by which it is now governed shall be permitted to exist. How long that may be God only knows. It has already sustained many rude shocks, some of which have greatly impaired both its vigour and beauty. The present assault by the Legislature upon a co-ordinate, and hitherto independent, branch of the government, if successful, must bring the constitution into such a state of danger, as may, in a short time, be followed by a dissolution of the whole system. The prayers of every unbiased man that this attempt might be disconcerted, cannot but be rendered more fervent and sincere, by a perusal of the clear, manly, and energetick answer of Judge Chase to the charges brought against him, which is commenced in this day's Ledger. The part now published contains his reasons for his conduct on the trial of Fries , which constitutes the first article of impeachment: after these reasons have been considered, we defy any candid or intelligent person, from the honest convictions of his mind, to say that Judge Chase has, in this instance, committed a crime.
The last mail not having brought us papers farther northward than Alexandria, we are unable to state what progress has been made in this trial.—From the great number of witnesses to be examined it must progress slowly. And probably may not be decided during the present session, which terminates on the fourth of March next. Some of the democratick prints exult in this, as after that day, they observe, the proportion of democratick Senators will be increased, and the condemnation of Judge Chase be more certain.—We admit the premises, but we do not admit the conclusion, to be correct.
The Witnesses summoned to sustain the House of Representatives, in the prosecution, are    Alexander J. Dallas,  William Lewis,  Risdon Bishop,    William S. Bidwell,  William Rawle,  John Stephen,    Edward Tylman,  George Read,  Aquila Hall,    John Montgomery,  James Lea,  Philip Stewart,    John T. Mason,  John Crown,  Thomas Hall,    Samuel H. Smith,  George Hay,  William Wirt,    Philip N. Nicholas,  John Taylor,  John Harvie,    Meriwether Jones,  John Heath,  James Pleasants.    In all twenty-four, of which number fifteen were present in the city of Washington on the eighth inst. and nine were absent; as stated in the National Intelligencer—among those said to have been present, we believe Mr. Wirt was then in Norfolk.
The Witnesses summoned by Judge Chase, are    William Marshall,  Robert Gamble,  John Purviance,    Edmund Randolph,  John Marshall,  Cunning Bedford,    David M. Randolph,  John Bassett,  Nicholas Vandyke,    John A. Chevalier,  Cyrus Griffin,  Samuel P. Moore,    David Robertson,  John Hopkins,  Edward Tylman,    James Winchester,  Philip Gooch,  William Meredith,    Cornelius Comegys,  William Minor,  Jared Ingersoll,    Archibald Hamilton,  Philip Moore,  Samuel Wheeler,    William C. Frazier,  Thomas Chase,  James P. Boyd,    William M'Mechan,  John Stewart,  Nicholas Brier,    William H. Winder,  William Rawle,  Edward J. Coale,    William Gwynn, jun.  Samuel Ewing,  John Hall, jun.    William J. Goyane,  Walter Dorsey,  Thomas Carpenter.    Thirty-nine, of which twenty-eight were present, four were not to be found, Judge Griffin was sick, and six were absent.—We have not introduced the name of J. C. Barret, who is dead.—The time to be occupied in examining and cross-examining so many witnesses must necessarily be great; after which must follow the fine speeches of Mr. John Randolph and his six colleagues; next the defence of Mr. Chase and his three assistants; and lastly the closing arguments of the prosecutors; when all this shall be done, we think the session will be pretty near a close.
NASSAU, February 5.
BAHAMA ISLANDS.
By his Excellency Charles Cameron, Esq. captain general and governor in chief in and over the said islands, and of the garrisons there, or that may be sent thither, chancellor, vice admiral and ordinary of the same.
A PROCLAMATION.
Whereas by Proclamation under the Great Seal of these Islands bearing date the seventeenth day of December, in the year of our Lord one thousand eight hundred and two, the admission of Corn, all sorts of Grain, Pulse, Flour, Bread, Rice, every species of Salted Provisions, Cattle and Live Stock of all kinds, and all sorts of Lumber, is allowed into the Ports of Nassau, Exuma, Turk's Islands and Saint George, as well in Foreign as in British bottoms, until further notice; AND WHEREAS I have thought expedient by and with the advice of his Majesty's Honourable Council, that the admission of the above mentioned articles into the different Ports of these Islands in Foreign Vessels, should be prohibited from and after the seventh day of July next ensuing: I DO THEREFORE issue this my Proclamation, notifying that from and after the said seventh day of July next ensuing the admission of the articles particularly above enumerated, will not be allowed into Ports of Nassau, Exuma, Turk's Islands, Saint George and Crooked Island, in Foreign Vessels, as aforesaid.
Given under my hand, and the seal of the said islands, at Nassau, in the island of New Providence, this seventh day of January, in the year of our Lord one thousand eight hundred and five, and in the forty-fifth year of his Majesty's reign.
CHARLES CAMERON.
By his Excellency's command, JOHN M'ARTNEY, Dep. Sec.
From a late Chesnel Journal.
"Run away last night, my wife, Bridget Coole; she is a tight neat body, and has lost one leg; she was seen riding behind the Priest of the Parish through Ferris, and as we were never married I will pay no debt she does not contract; she lisp with one tooth, and is always talking about failures, and is of no use but to the owner."
PHELM COOLE.
IN THE SENATE OF THE UNITED STATES, Monday, February 4, 1805. HIGH COURT OF IMPEACHMENT. THE UNITED STATES vs SAMUEL CHASE.
The answer, and pleas of Samuel Chase, one of the associate justices of the supreme court of the United States, to the articles of impeachment exhibited against him in the said court, by the honourable the House of Representatives of the United States, in support of their impeachment against him, for high crimes and misdemeanors, supposed to have been by him committed.
This respondent, in his proper person, comes into the said court, and, protesting that there is no high crime or misdemeanor, particularly alleged in the said articles of impeachment, to which he is, or can be bound by law to make answer; and saving to himself now, and at all times hereafter, all benefit of exception to the insufficiency of the said articles, and each of them, and to the defects therein appearing in law, or otherwise; and protesting also, that he ought not to be injured in any manner, by any words, or by any want of form in this his answer; he submits the following facts and observations by way of answer to the said articles.
The first article relates to his supposed misconduct in the trial of John Fries, for treason, before the circuit court of the United States at Philadelphia, in April, and May, 1800; and alleges that he presided at the trial, and that "unmindful of the solemn duties of his office, and contrary to the sacred obligation by which he stood bound to discharge them, faithfully and impartially, and without respect to person," he did then, "in his judicial capacity, conduct himself in a manner highly arbitrary, oppressive, and unjust."
This general accusation, too vague in itself for reply, is supported by three specific charges of misconduct:
1st. In delivering an opinion in writing, on the question of law, on the construction of which, the defence of the accused materially depended: which opinion, it is alleged, tended "to prejudice the minds of the jury against the case of the said John Fries, the prisoner, before counsel had been heard in his favour."
2d. "In restricting the counsel for the said John Fries, from recurring to such English authorities, as they believed apposite; or from citing certain statutes of the United States, which they deemed illustrative of the positions, upon which they intended to rest the defence of their client."
3d. "In debarring the prisoner from his constitutional privilege of addressing the jury (through his counsel) on the law, as well as on the fact, which was to determine his guilt, or innocence, and at the same time endeavouring to wrest from the jury their indisputable right to hear argument, and determine upon the question of law, as well as the question of fact, involved in the verdict which they were required to give."
This first article then concludes, that in consequence of the irregular conduct of this respondent, "the said John Fries was deprived of the right, secured to him by the eighth article, amendatory of the constitution; and was condemned to death, without having been heard, by counsel, in his defence."
By the eighth article amendatory to the constitution, this respondent supposes, is meant the sixth amendment to the constitution of the United States; which secures to the accused, in all criminal prosecutions, the right to have the assistance of counsel for his defence.
In answer to these three charges, this respondent admits that the circuit court of the United States, for the district of Pennsylvania, was held at Philadelphia, in that district, in the months of April, and May, in the year of our Lord, one thousand eight hundred; at which court John Fries, the person named in the said first article, was brought to trial, on an indictment for treason against the United States; and that this respondent then held a commission, as one of the associate justices of the supreme court of the United States; by virtue of which office, he did, pursuant to the laws of the United States, preside at the above mentioned trial, and was assisted therein by Richard Peters, esq. then, and still, district judge of the United States, for the district of Pennsylvania; who, as directed by the laws of the United States, sat as assistant judge at the said trial.
With respect to the opinion, which is alleged to have been delivered by this respondent, at the above mentioned trial, he begs leave to lay before this honourable court, the true state of that transaction, and to call its attention to some facts, and considerations, by which his conduct on that subject will be presumed, be fully justified.
The constitution of the United States, in the third section of the third article, declares that "treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort."
By two acts of Congress, the first passed on the third day of March, 1791, and the second on the eighth day of May, 1792, a duty was imposed on spirits distilled within the United States, and on stills; and various provisions were made for its collection.
In the year 1794, an insurrection took place in four of the western counties of Pennsylvania, with a view of resisting, and preventing by force the execution of these two statutes; and at a circuit court of the United States, held at Philadelphia, for the district of Pennsylvania, in the month of April, in the year 1795, by William Patterson, Esq. then one of the associate justices of the supreme court of the United States, and the above mentioned Richard Peters, then district judge of the United States, for the district of Pennsylvania, two persons, who had been concerned in the above named insurrection, namely, Philip Vigol, and John Mitchell, were indicted for treason, of levying war against the United States, by resisting and preventing, by force, the execution of the two last mentioned acts of Congress: and were, after a full and very solemn trial, convicted on the indictments and sentenced to death. They were afterwards pardoned by George Washington, then President of the United States.
In the first of these trials, that of Vigol, the defence of the prisoner was conducted by very able counsel, one of whom, William Lewis, Esq. is the same person who appeared as counsel for John Fries, in the trial now under consideration. Neither that learned gentleman, nor his able colleague, then thought proper to raise the question of law, "whether resisting and preventing by armed force, the execution of a particular law of the United States, be a levying of war against the United States," according to the true meaning of the constitution? although a decision of this question in the negative, must have acquitted the prisoner. But in the next trial, that of Mitchell, this question was raised on the part of the prisoner, and was very fully and ably discussed by his counsel; and it was solemnly determined by the court, both the judges concurring, "that to resist or prevent by armed force, the execution of a particular law of the United States, is a levying of war against the United States, and consequently treason, within the true meaning of the constitution." The decision, according to the best established principles of our jurisprudence, became a precedent for all courts of equal or inferior jurisdiction; a precedent which, although not absolutely obligatory, ought to be viewed with very great respect, especially by the court in which it was made,
and ought never to be departed from, but on the fullest and clearest conviction of its incorrectness.
On the 9th of July, 1798, an act of Congress was passed, providing for a valuation of lands and dwelling houses, and an enumeration of slaves throughout the United States; and directing the appointment of commissioners and assessors for carrying it into execution: and on the 4th day of July, in the same year, a direct tax was laid by another act of Congress, of that date, on the lands, dwelling-houses, and slaves, so to be valued and enumerated.
In the months of February and March, A. D. 1799, an insurrection took place in the counties of Bucks, and Northampton, in the State of Pennsylvania, for the purpose of resisting and preventing, by force, the execution of the two last mentioned acts of Congress, and particularly that for the valuation of lands and dwelling-houses. John Fries, the person mentioned in the article of impeachment now under consideration, was apprehended and committed to prison, as one of the ring-leaders of this insurrection; and at a circuit court of the United States, held at Philadelphia, in and for the district of Pennsylvania, in the month of April, A. D. 1799, he was brought to trial for this offence, on an indictment for treason, by levying war against the United States, before James Iredell, Esq. then one of the associate justices of the supreme court of the United States, who presided in the said court, according to law, and the above-mentioned Richard Peters, then district judge of the United States, for the district of Pennsylvania, who sat in the said circuit court as assistant judge.
In this trial, which was conducted with great solemnity, and occupied nine days, the prisoner was assisted by William Lewis, and Alexander James Dallas, Esqrs. two very able and eminent counsellors; the former of whom, William Lewis, is the person who assisted, as above-mentioned, in conducting the defence of Vigol, on a similar indictment. These gentlemen finding that the facts alleged were fully and undeniably proved, by a very minute and elaborate examination of witnesses, thought proper to rest the cause of the prisoner, on the question of law which had been determined in the cases of Vigol and Mitchell above-mentioned, and had then been acquiesced in, but which they thought proper again to raise. They contended, that "to resist by force of arms a particular law of the United States, does not amount to levying war against the United States, within the true meaning of the constitution, and therefore it is not treason, but a riot only." This question they argued at great length, and with all the force of their learning and genius; and after a very full discussion at the bar, and the most mature deliberation by the court, the learned and excellent judge who then presided, and who was no less distinguished by his humanity and tenderness towards persons tried before him, than by his extensive knowledge and great talents as a lawyer, pronounced the opinion of himself and his colleague, that "to resist or prevent by force, the execution of a particular law of the United States, does amount to levying war against them within the true meaning of the constitution, and therefore constitutes the crime of treason:" thereby adding the weight of another and more solemn decision, to the precedent which had been established in the above-mentioned cases of Vigol and Mitchell.
Under this opinion of the court on the question of law, the jury, having no doubt as to the facts, found the said John Fries guilty of treason, on the above-mentioned indictment. But a new trial was granted by the court, not by reason of any doubt as to the correctness of the decision on the question of law, but solely on the ground, as this respondent hath understood and believes, that one of the jurors of the petit jury, after he was summoned, but before he was sworn on the trial, had made some declaration unfavourable to the prisoner.
The yellow fever having appeared in Philadelphia in the summer of the year 1799, the above-mentioned Richard Peters, then district judge of the United States for the district of Pennsylvania, did, according to law, appoint the next circuit court of that district, to be held at Norris-Town therein: Pursuant to which appointment, a circuit court was held at Norris-Town aforesaid, in and for the said district, on the 11th day of October, in the last mentioned year, before Bushrod Washington, Esq. then one of the associate justices of the supreme court of the United States and the above-mentioned Richard Peters; at which court no proceedings were had on the above-mentioned indictment against John Fries, because, as this respondent hath been informed and believes, the commission of the marshal of the said district had expired, before he summoned the jurors to attend at the said court, and had not been renewed; by reason of which no legal panel of jurors could be formed.
On the 11th day of April, A. D. 1800, and from that day until the 2d day of May in the same year, a circuit court of the United States was held at Philadelphia, in and for the district of Pennsylvania, before this respondent, then one of the associate justices of the supreme court of the United States, and the above-mentioned Richard Peters, then district judge of the United States for the district of Pennsylvania. At this court, the indictment on which the said John Fries had been convicted as above-mentioned was quashed ex officio by William Rawle, Esq. then attorney of the United States for the district of Pennsylvania, and a new indictment was preferred against the said John Fries, for treason of levying war against the United States, by resisting and preventing by force, in the manner above set forth, the execution of the above-mentioned acts of congress, for the valuation of lands and dwelling houses and the enumeration of slaves, and for levying and collecting a direct tax. This indictment, marked exhibit No 1, is herewith exhibited by this respondent, who prays that it may be taken as part of this his answer, being found by the grand jury on the 16th day of April, 1800, the said John Fries was on the same day arraigned thereon, and plead not guilty. William Lewis, and Alexander James Dallas, Esqrs. the same persons who had conducted his defence at his former trial, were again, at his request, assigned by the court as his counsel; and his trial was appointed to be had, on Tuesday the 22d day of the last mentioned month of April.
After this indictment was found by the grand jury, this respondent considered it with great care and deliberation, and finding, from three overt-acts of treason, which it charged, that the question of law arising upon it, was the same question which had already been decided twice in the same court, on solemn argument and deliberation, and once in that very case, he considered the law as settled by those decisions, with the correctness of which on full consideration he was entirely satisfied; and by the authority of which he should have deemed himself bound, even had he regarded the question as doubtful in itself. They are moreover in perfect conformity with the uniform tenour of decisions in the courts of England and Great-Britain, from the revolution, in 1688, to the present time, which in his opinion, added greatly to their weight and authority.
And surely he need not argue to this honourable court, the correctness, the importance, and the absolute necessity of adhering to principles of law once established, and of considering the law as finally settled, after repeated and solemn decisions by courts of competent jurisdiction. A contrary principle would unsettle the basis of our whole system of jurisprudence, hitherto our safeguard and our boast; would reduce the law of the land, and subject the rights of the citizen, to the arbitrary will, the passion, or the caprice of the judge in each particular
case; and would substitute the varying opinions of various men, instead of that fixed, permanent rule, in which the very essence of the law consists. If this respondent erred in regarding this point as settled, by the repeated and solemn adjudications of his predecessors, in the same court and in the same case; if he erred in supposing that a principle established by two solemn decisions, was obligatory upon him, sitting in the same court where those decisions had been made; if he erred in believing that it would be the highest presumption in him, to set up his opinion and judgment over that of his colleague, who had twice decided the same question; and of two of his predecessors, who justly rank among the ablest judges that have ever adorned a court; if in all this he erred, it is an error of which he cannot be ashamed, and which he trusts will not be deemed criminal in the eyes of this honourable court, of his country, or of that posterity by which he, his accusers, and his judges, must one day be judged.
Under the influence of these considerations, this respondent drew up an opinion on the law, arising from the overt acts stated in the said indictment, which was conformable to the decisions before given as above mentioned, and which he sent to his colleague the said Richard Peters, for his consideration. That gentleman returned it to this respondent, with some amendments affecting the form only, but not in any manner touching the substance.
The opinion thus agreed to, this respondent thought it proper to communicate to the prisoner's counsel—several reasons concurred in favour of this communication.
In the first place, this respondent considered himself and the court, as bound by the authority of the former decisions; especially the last of them, which was on the same case. He considered the law as settled, and had every reason to believe that his colleagues viewed it in the same light. It was not suggested or understood, that any new evidence was to be offered; and he knew that if any should be offered, which could vary the case, it would render wholly inapplicable both the opinion and the former decisions on which it was founded. And he could not and did not suppose, that the prisoner's counsel would be desirous of wasting very precious time, in addressing to the court an useless argument, on a point which that court had itself precluded from deciding in their favour. He therefore conceived that it would be rendering the counsel a service and a favour, to apprize them beforehand of the view which the court had taken of the subject; so as to let them see in time, the necessity of endeavouring to produce new testimony, which might vary the case, and take it out of the authority of former decisions.
Secondly, There were more than one hundred civil causes then depending in the said court, as appears by the exhibit marked No. 1. which this respondent prays may be taken as part of this, his answer. Many of those causes, had already been subjected to great delay, and it was the peculiar duty of this respondent, as presiding judge, to take care, that as little time as possible should be unnecessarily consumed, and that every convenient and proper despatch should be given to the business of the citizens. He did believe, that an early communication of the court's opinion, might tend to the saving of time, and consequently to the despatch of business.
Thirdly, As the court held itself bound by the former decisions, and could not therefore alter its opinion in consequence of any argument; and as it was the duty of the court to charge the jury on the law, in all cases submitted to their consideration he knew that this opinion must not only be made known at some period or other of the trial, but must at the end of the trial be expressly delivered to the jury by him, in a charge from the bench: and he could not suppose, and cannot yet imagine, that an opinion, which was to be the solemnly given in charge to the jury, at the close of the trial, could make any additional impression on their minds, from the circumstance of its being intimated to the counsel before trial began, in the hearing of those who might be afterwards sworn on the jury.
And, lastly, it was then his opinion, and still is, that it is the duty of every court of this country, and was his duty on the trial now under consideration, to guard the jury against erroneous impressions respecting the laws of the land. He well knows, that it is the right of juries in criminal cases, to give a general verdict of acquittal, which cannot be set aside on account of its being contrary to law, and that hence results the power of juries, to decide on the law as well as on the facts, in all criminal cases. This power he holds to be a sacred part of our legal privileges, which he never has attempted, and never will attempt to abridge or to obstruct. But he also knows, that in the exercise of this power, it is the duty of the jury to govern themselves by the laws of the land, over which they have no dispensing power; and their right to expect and receive from the court, all the assistance which it can give, for rightly understanding the law. To withhold this assistance, in any manner whatever; to forbear to give it in that way, which may be most effectual for preserving the jury from error and mistake; would be an abandonment or forgetfulness of duty, which no judge could justify to his conscience or to the laws. In this case, therefore, where the question of law arising on the indictment, had been finally settled by authoritative decisions, it was the duty of the court, and especially of this respondent as presiding judge, early to apprize the counsel and the jury of these decisions, and their effect, so as to save the former from the danger of making an improper attempt, to mislead the jury in a matter of law, and the jury from having their minds pre-occupied by erroneous impressions.
It was for these reasons, that, on the 22d day of April 1800, when the said John Fries was brought into court, and placed in the prisoners' box for trial, but before the petit jury was impanelled to try him, this respondent informed the above mentioned William Lewis, one of his counsel, the aforesaid Alexander James Dallas not being then in court, "that the court had deliberately considered the indictment against John Fries for treason, and the three several overt-acts of treason stated therein: That the crime of treason was defined by the constitution of the United States: That as the federal legislature had the power to make, alter, or repeal laws, so the judiciary only had the power, and it was their duty, to declare, expound and interpret the constitution and laws of the United States: That it was the duty of the court, in all criminal cases, to state to the petit jury, their opinion of the law arising on the facts; but the jury in all criminal cases were to decide both the law and the facts, on a consideration of the whole case: That there must be some constructive exposition of the terms used in the constitution, "levying war against the United States;" That the question, what acts amounted to levying war against the United States, or the government thereof, was a question of law, and had been decided by judges Patterson and Peters, in the cases of Vigol and Mitchell, and by judges Iredell and Peters, in the case of John Fries, prisoner at the bar, in April 1799: That judge Peters remained of the same opinion, which he had twice before delivered, and he, this respondent, on long and great consideration, concurred in the opinion of judges Patterson, Iredell, and Peters: That to prevent unnecessary delay, and to save time on the trial of John Fries, and to prevent a delay of justice in the great number of civil causes depending for trial at that term, the court had drawn up in writing, their opinion of the law arising on the overt-acts, stated in the indictment against John Fries; and had directed David Caldwell their clerk, to make out three copies of their opinion, one to be delivered

to the attorney of the district, one to the counsel for the prisoner, and one to the petit jury, after they should have been impanelled & heard the indictment read to them by the clerk, and after the district attorney should have stated to them the law on the overt-acts alleged in the indictment, as it appeared to him."
After these observations, this respondent delivered one of the abovenmentioned copies to the aforesaid William Lewis, then attending as one of the prisoner's counsel; who read part of it, and then laid it down on the table before him. Some observations were then made on the subject, by him and the abovenmentioned Alexander James Dallas, who had then come into court; but this respondent doth not now recollect those observations, and cannot undertake to state them accurately.
And this respondent further saith, that the paper marked exhibit No. 2, and herewith exhibited, which he prays leave to make part of this his answer, is a true copy of the original opinion, drawn up by him and concurred in by the said Richard Peters, as a base set forth, which original opinion is now in the possession of this respondent, ready to be produced to this honourable court. He may have erred in forming this opinion, and in the time and manner of making it known to the counsel for the prisoner. If he erred in forming it, he erred in common with his colleague and with two of his predecessors; and he presumes to hope that an error which has never been deemed criminal in them, will not be imputed as a crime to him, who was led into it by their example and their authority. If he erred in the time and manner of making known this opinion, he feels a just confidence, that when the reasons which he has alleged for his conduct, and by which it seemed to him to be fully justified, shall come to be carefully weighed, they will be sufficient to prove, if not that this conduct was perfectly regular and correct, yet that he might sincerely have considered it as right; and that in a case where so much doubt may exist, to have committed a mistake is not to have committed a crime.
And this respondent further answering, insists, that the opinion thus delivered to the prisoner's counsel; viz. that "any insurrection or rising of any body of people within the United States, for the purpose of resisting or preventing by force or violence, under any pretence whatever, the execution of any statute of the United States, for levying or collecting taxes, or for any other object of a general or national concern, is levying war against the United States, within the contemplation and true meaning of the constitution of the United States," is a legal and correct opinion, supported not only by the two previous decisions above mentioned, but also by the plainest principles of law and reason, and by the uniform tenor of legal adjudications in England and Great Britain, from the revolution in 1688 to this time. It ever was, and now is his opinion, that the peace and safety of the national federal government, must be endangered, by any other construction of the terms "levying war against the United States," used by the federal constitution; and he is confident, that no judge of the federal government, no judge of a superior state court, nor any gentleman of established reputation for legal knowledge, would or could deliberately give a contrary opinion.
If however this opinion were erroneous, this respondent would be far less censurable than his predecessors, by whose example he was led astray, and by whose authority he considered himself bound. Was it an error to consider himself bound by the authority of their previous decisions? If it were, he was led into the error by the uniform course of judicial proceedings, in this country and in England, and is supported in it, by one of the fundamental principles of our jurisprudence. Can such an error be a crime or misdemeanour?
If, on the other hand, the opinion be in itself correct, as he believes and insists that it is, could the expression of a correct opinion on the law, wherever and however made, mislead the jury, infringe their rights, or give an improper bias to their judgment? Could truth excite improper prejudice? Could the jury be less prepared to hear the law discussed, and to decide on it correctly, because it was correctly stated to them by the court? And is not that a new kind of offence, in this country at least, which consists in telling the truth, and giving a correct exposition of the law.
As to the second specific charge adduced in support of the first article of impeachment, which accuses this respondent, "of restricting the counsel for the said Fries, from recurring to such English authorities as they believed apposite, or from citing certain statutes of the United States, which they deemed illustrative of the positions upon which they intended to rest the defence of their client," this respondent admits that he did, on the above mentioned trial, express it as his opinion to the aforesaid counsel for the prisoner, "that the decisions in England, in cases of indictments for treason at common law, against the person of the king, ought not to be read to the jury, on trials for treason under the constitution and statutes of the United States; because such decisions could not inform, but might mislead and deceive the jury: that any decisions on cases of treason, in the courts of England, before the revolution of 1688, ought to have very little influence in the courts of the United States; that he would permit decisions in the courts of England or of Great Britain, since the said revolution, to be read to the court or jury, for the purpose of showing what acts have been considered by these courts, as a constructive levying of war against the king of that country, in his regal capacity, but not against his person; because levying war against his government, was of the same nature as levying war against the government of the United States: but that such decisions, nevertheless, were not to be considered as authorities binding on the courts and juries of this country, but merely in the light of opinions entitled to great respect, as having been delivered after full consideration, by men of great legal learning and ability."
These are the opinions which he did, on that occasion, deliver to the counsel for the prisoner, and which he then thought, and still thinks, it was his duty to deliver. The counsellors admitted to practice in any court of justice, are, in his opinion, and according to universal practice, to be considered as officers of such courts and ministers of justice therein, and as such, subject to the direction and control of the court, as to their conduct in its presence, and in conducting the defence of criminals on trial before it.—As counsel, they owe to the person accused, diligence, fidelity, and secrecy, and to the court and jury, due and correct information, according to the best of their knowledge and ability, on every matter of law which they attempt to adduce in argument. The court, on the other hand, hath power, and is bound in duty, to decide and direct what evidence, whether by record or by precedents of decisions in courts of justice, is proper to be admitted for the establishment of any matter of law or fact. Consequently, should counsel attempt to read to a jury as a law still in force, a statute which had been repealed, or a decision which had been reversed, or the judgments of courts in countries whose laws have no connexion with ours, it would be the duty of the court to interpose, and prevent such an imposition from being practised on the jury. For these reasons, this respondent thinks that his conduct was correct, in expressing to the counsel for Fries, the opinions stated above. He is not bound to answer here for the correctness of those principles, though he thinks them incontestible; but merely for the correctness
of his motives in delivering them. A contrary opinion would convert this honourable court, from a court of impeachment into a court of appeals; and would lead directly to the strange absurdity, that whenever the judgment of an inferior court should be reversed on appeal or writ of error, the judges of that court must be convicted of high crimes and misdemeanours, and turned out of office; that error in judgment is a punishable offence, and that crimes may be committed without any criminal intention.—Against a doctrine so absurd and mischievous, so contrary to every notion of justice hitherto entertained, so utterly subversive of all that part of our system of jurisprudence, which has been wisely and humanely established for the protection of innocence, this respondent deems it his duty now, and on every fit occasion, to enter his protest and lift up his voice; and he trusts that in the discharge of his duty, infinitely more important to his country than to himself, he shall find approbation and support in the heart of every American, of every man throughout the world, who knows the blessings of civil liberty, or respects the principles of universal justice.
It is only then, for the correctness of his motives in delivering these opinions, that he can now be called to answer; and this correctness ought to be presumed, unless the contrary appear by some direct proof, or by some violent presumption arising from his general conduct on the trial, or from the glaring impropriety of the opinion itself. For he admits that cases may be supposed, of an opinion delivered by a judge so palpably erroneous, unjust, and oppressive, as to preclude the possibility of its having proceeded from ignorance or mistake.
Do the opinions now under consideration bear any of these marks? This honourable court need not be informed that there has existed in England, no such thing as treason at common law, since the year 1350, when the statute of the 25th Edward III. chap. 2, declaring what alone should in future be judged treason, was passed. It is perfectly clear that decisions made before that statute, 450 years ago, when England, together with the rest of Europe, was still wrapped in the deepest gloom of ignorance and barbarism; when the system of English jurisprudence was still in its infancy; when law, justice and reason, were perpetually trampled under foot by feudal oppression and feudal anarchy; when, under an able and vigorous monarch, every thing was adjudged to be treason which he thought fit to call so, and under a weak one, nothing was considered as treason which turbulent, powerful, and rebellious nobles thought fit to perpetrate: it is perfectly clear that decisions, made at such a time, and under such circumstances, ought to be received by the courts of this country as authorities to govern their decisions, or lights to guide the understanding of juries? Is it perfectly clear that decisions made in England, on the subject of treason, before the revolution of 1688, by which alone the balance of the English constitution was adjusted, and the English liberties were fixed on a firm basis; decisions made either during the furious civil wars, in which two rival families contended for the crown; when in the vicissitudes of war, death and confiscation in the forms of law, continually walked in the train of the victors, and actions were treasonable or praiseworthy, according to the preponderance of the party by whose adherents they were perpetrated; during the reigns of three able and arbitrary monarchs, who succeeded this dreadful conflict, and relaxed or invigorated the law of treason, according to their anger, their policy, or caprice; or during those terrible struggles between the principles of liberty, not yet well defined or understood, on the one hand, and arbitrary power, insinuating itself under the forms of the constitution, on the other; struggles which presented at some times the wildest anarchy, at others the extremes of servile submission, and after having brought one king to the scaffold, ended in the expulsion of another from his throne: Is it clear that decisions on the law of treason, made in times like these, ought not only to be received as authorities in the courts of this country, but also to have great influence on their decisions? Is it clear that decisions made in England, as to what acts will amount to levying war against the king, personally, and not against his government, are applicable to the constitution and laws of this country? It is clear that such English decisions on the subject of treason, are as applicable to our constitution and laws, as to be received in our courts, not merely as the opinions of learned and able men, which may enlighten their judgment, but as authorities which ought to govern absolutely their decisions? Is all this so clear, that a judge could not honestly and sincerely have thought the contrary? That he could not have expressed an opinion to the contrary without corrupt or improper motives? If it be not thus clear, then must it be admitted that this respondent, sincerely and honestly, and in the best of his judgment, considered these decisions as wholly inadmissible, or admissible only for the purposes and to the extent which he pointed out.
And if he did so consider them, was it not his duty to prevent them from being read to the jury, except under those restrictions, and for those purposes? Would his duty permit him to sit silently, and see the jury imposed on and misled? To sit silently and hear a book read to them as containing the law, which he knew did not contain the law? Such silence would have rendered him a party to the deception, and would have justly subjected him to all the contumely, which a conscientious and courageous discharge of his duty, has so unmeritedly brought on his name.
With respect to the statutes of the United States, which he is charged with having prevented the prisoner's counsel from citing on the aforesaid trial, he denies that he prevented any act of Congress from being cited, either to the court or jury, on the said trial; or declared at any time, that he would not permit the prisoner's counsel to read to the jury, or to the court, any act of Congress whatever. Nor does he remember or believe, that he expressed on the said trial, any disapprobation of the conduct of the circuit court before whom the said case was first tried, in permitting the act of Congress relating to crimes less than treason, commonly called the sedition act , to be read to the jury. He admits indeed that he was then and still is of opinion, that the said act of Congress was wholly irrelevant to the issue, in the trial of John Fries, and therefore ought not to have been read to the jury, or regarded by them.—This opinion may be erroneous, but he trusts that the following reasons on which it was founded, will be considered by this honourable court, as sufficiently strong to render it possible, and even probable, that such an opinion might be sincerely held and honestly expressed:—1st, That Congress did not intend by the sedition law , to define the crime of treason "by levying war." Treason and sedition are crimes very distinct in their nature, and subject to very different punishments; the former by death, and the latter by fine and imprisonment. 2dly, The sedition law makes a combination or conspiracy, with intent to impede the operation of any law of the United States, or the advising or attempting to procure any insurrection or riot, a high misdemeanour, punishable by fine and imprisonment; but a combination or conspiracy with intent to prevent the execution of a law, or with intent to raise an insurrection for that purpose, or even with intent to commit treason, is not treason by "levying war" against the United States, unless it be followed by an attempt to carry such combination or conspiracy into effect, by actual force or violence. 3dly, The constitution of the United States is the fundamental and supreme law, and having defined the crime of treason, Congress could
not give any legislative interpretation or exposition of that crime, or of the part of the constitution by which it is defined. 4thly, The judicial authority of the United States, is alone vested with power to expound their constitution and laws.
And this respondent further answering saith, that after the above mentioned proceedings had taken place in the said trial, it was postponed until the next day, Wednesday, April 23d, 1800; when at the meeting of the court, this respondent told both the above mentioned counsel for the prisoner, "that to prevent any misunderstanding of any thing that had passed the day before, he would inform them, that although the court retained the same opinion of the law, arising on the overt-acts charged in the indictment against Fries, yet the counsel would be permitted to offer arguments to the court, for the purpose of showing them that they were mistaken in the law; and that the court, if satisfied that they had erred in opinion, would correct it: and also that the counsel would be permitted to argue before the petit jury, that the court were mistaken in the law."—And this respondent added, that the court had given no opinion as to the facts in the case, about which both the counsel had declared that there would be no controversy.
After some observations by the said William Lewis, and Alexander James Dallas, they both declared to the court, "that they did not any longer consider themselves as the counsel for John Fries the prisoner." This respondent then asked the said John Fries, whether he wished the court to appoint other counsel for his defence? He refused to have other counsel assigned; in which he acted, as this respondent believes and charges, by the advice of the said William Lewis, and Alexander James Dallas: whereupon the court ordered the said trial to be had on the next day, Thursday, the 24th of April, 1800.
On that day the trial was proceeded in; and before the jurors were sworn, they were, by the direction of the court, severally asked on oath, whether they were in any way related to the prisoner, and whether they had ever formed or delivered any opinion as to his guilt or innocence, or that he ought to be punished? Three of them answering in the affirmative, were withdrawn from the panel. The said John Fries, was then informed by the court, that he had a right to challenge thirty-five of the jury, without showing any cause of challenge against them, and as many more as he could show cause of challenge against. He did accordingly challenge peremptorily thirty-four of the jury, and the trial proceeded. In the evening, the court adjourned till the next day, Friday, the 25th of April; when after the district attorney had stated the principal facts proved by the witnesses, and had applied the law to those facts, this respondent, with the concurrence of his colleague, the said Richard Peters, delivered to the jury the charge contained and expressed in exhibit marked No. 3, and herewith filed, which he prays may be taken as part of this his answer.
Immediately after the petit jury had delivered their verdict, this respondent informed the said Fries, from the Bench, that if he, or any person for him, could show any legal ground, or sufficient cause to arrest the judgment, ample time would be allowed him for that purpose. But no cause being shown, sentence of death was passed on the said Fries, on Tuesday, the 2d day of May, 1800, the last day of the term; and he was afterwards pardoned by John Adams, then President of the United States.
And this respondent further answering saith, that if the two instances of misconduct, first stated in support of the general charge, contained in the first article of impeachment, were true as alleged, yet the inference drawn from them, viz. "that the said Fries was thereby deprived of the benefit of counsel for his defence," is not true. He insists that the said Fries was deprived of the benefit of counsel, not by any misconduct of this respondent, but by the conduct and advice of the above mentioned William Lewis, and Alexander James Dallas, who having been, with their own consent, assigned by the court as counsel for the prisoner, withdrew from his defence, and advised him to refuse other counsel when offered to him by the court, under pretence that the law had been prejudged, and their liberty of conducting the defence, according to their own judgment, improperly restricted by this respondent; but in reality because they knew the law and the facts to be against them, and the case to be desperate, and supposed that their withdrawing themselves under this pretence, might excite odium against the court; might give rise to an opinion that the prisoner had not been fairly tried; and in the event of a conviction, which from their knowledge of the law and the facts they knew to be almost certain, might aid the prisoner in an application to the President for a pardon. That such was the real motive of the said prisoner's counsel, for depriving their client of legal assistance on this trial, this respondent is fully persuaded, and expects to make appear, not only from the circumstances of the case, but from their own frequent and public declarations.
As little can this respondent be justly charged with having by any conduct of his, endeavoured to "wrest from the jury their indisputable right to hear argument, and determine upon the question of law as well as the question of fact, involved in the verdict which they were required to give." He denies, that he did at any time declare that the aforesaid counsel should not at any time address the jury, or did in any manner hinder them from addressing the jury on the law as well as on the facts arising in the case. It was expressly stated in the copy of his opinion delivered, as above set forth, to William Lewis, that the jury had a right to determine the law as well as the fact; and the said William Lewis, and Alexander James Dallas were expressly informed, before they declared their resolution to abandon the defence, that they were at liberty to argue the law to the jury. This respondent believes that the said William Lewis did not read the opinion delivered to him as aforesaid, except a very small part at the beginning of it, and of course, acted upon it without knowing its contents: and that the said Alexander James Dallas read no part of the said opinion until about a year ago, when he saw a very imperfect copy, made in court by a certain W. S. Biddle.
And this respondent further answering, saith, that according to the constitution of the United States, civil officers thereof, and no other persons, are subject to impeachment; and they only for treason, bribery, corruption, or other high crime or misdemeanour, consisting in some act done or omitted, in violation of some law forbidding or commanding it; on conviction of which act, they must be removed from office; and may, after conviction, be indicted and punished therefor, according to law. Hence it clearly results, that no civil officer of the United States can be impeached, except for some offence for which he may be indicted at law; and that no evidence can be received on an impeachment, except such as on an indictment at law, for the same offence, would be admissible. That a judge cannot be indicted or punished according to law, for any act whatever, done by him in his judicial capacity, and in a matter of which he has jurisdiction, through error of judgment merely, without corrupt motives, however manifest his error may be, is a principle resting on the plainest maxims of reason and justice, supported by the highest legal authority, and sanctioned by the universal sense of mankind. He hath already endeavoured to shew, and he hopes with success, that all the opinions delivered by him in the course of the trials now under consideration, were correct in themselves, and in the time and manner of expressing them; and that even admitting them to have been
incorrect, there was such strong reason in their favour, as to remove from his conduct every suspicion of improper motives. If these opinions were incorrect, his mistake in adopting them, or in the time or manner of expressing them, cannot be imputed to him as an offence of any kind, much less as an high crime and misdemeanour, for which he ought to be removed from office; unless it can be shewn, by clear and legal evidence, that he acted from corrupt motives. Should it be considered that some impropriety is attached to his conduct, in the time and mode of expressing any of these opinions; still he apprehends that a very wide difference exists between such impropriety, the casual effect of human infirmity, and a high crime and misdemeanour for which he may be impeached, and must on conviction be removed from office.
Finally, this respondent, having thus laid before this honourable court a true state of his case, so far as respects the first article of impeachment, declares, upon the strictest review of his conduct during the whole trial of John Fries for treason, that he was not on that occasion unmindful of the solemn duties of his office as judge; that he faithfully and impartially, and according to the best of his ability and understanding, discharged those duties towards the said John Fries and that he did not in any manner, during the said trial, conduct himself arbitrarily, unjustly or oppressively, as he is accused by the honourable house of representatives.
And the said Samuel Chase, for plea to the said first article of impeachment, saith, that he is not guilty of any high crime or misdemeanour, as in and by the said first article is alleged; 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.
(To be Continued.)
Gazette Marine Memoranda.
ARRIVED, Ship Fame, Turner, 28 days from Kingston, Jamaica, Ballast, C. & F. Whittle.
Spanish schooner Lady Washington, Coarse, 13 days from St. Augustine, Fruit & Hides, supercargo on board.
British sloop Polly, Joel, 9 days from New-Providence, Salt & Molasses, J. & T. Tucker.
Sloop Akerly, Sturgis, hence, has arrived at Charleston.—In lat. 33, 50, on soundings, capt. S. fell in with the wreck of a vessel, sunk low in the water, but from her masts appeared to be a brig: In lat. 33, 30, 10 fathoms water, experienced a violent gale of wind, in which his vessel suffered very considerably, and having three feet water in her hold, they were compelled to throw nearly half their cargo overboard.
Schooner Two Brothers, Sprogle, from hence for Charleston, which was driven on shore in a gale on Cape Hatteras on the 18th ult. was got off and arrived at Wilmington, N. C. the 51st, with 5 feet water in her hold.
The British ship Hermès, W. Chapman, master, from London, bound to Jamaica, was taken the 14th Jan. in lat. 13, 21, lon. 55, by the French Privateer Caroline, of Martinique, and sent to Guadalupe.
CUSTOM-HOUSE—ENTERED. Sch't Lady Washington, Coarse, St. Augustine, Columbia, Jordan, Martinique. Harriot, Morris, Petersburg. Sloop Polly, Joel, New-Providence.
CLEARED. Ship Rochdale, Bloor, Barbados. Sch't Friend's Adventure, Dickson, N. Providence. Eagle, Farish, St. Jago de Cuba. Dart, Precious, West-Indies. Sloop Grand Sachem, Bowles, Bermuda.
Sale at Auction.
TOMORROW, 21st instant, at 11 o'clock, Will be Sold at Publick Auction, on Maxwell's Wharf, The Pilot Boat Built Schooner SALLY, With all her Materials.—Terms of payment will be made known at the time of sale. WILLIAM KNOX, Auctioneer. February 20. 438
Postponed Sale.
The sale of the Schooner CORROTOMAN, advertised for this day, is postponed until Friday next, at 12 o'clock. JOHN GRANBERY. February 20. 440
FOR SALE, The Schooner ARGUS, A fine vessel of 700 Barrels burthen—six months old—was built on East River; sails well, and is now in complete order. ALSO,
A FAST SAILING NEW PILOT BOAT BUILT SCHOONER of about 98 tons burthen, now lying at Newton's Wharf. For terms apply to WILSON, CUNNINGHAM & CO. February 20. 441
Sale at Auction.
On Saturday next, the 28th instant, at 12 o'clock, THE GOOD SHIP RECOVERY, Built at Dublin in the year 1800, about 210 tons burthen—an excellent, staunch, well built vessel, well found, and may be sent to sea at a small expense.—Terms of sale, 2, 4, and 6 months notes, with approved indorsers. JOHN COX, V. M. Will soon be put to Press, and in a short time published, a work, entitled,
REVOLUTIONARY ANNALS, OR HISTORY OF THE FRENCH REVOLUTION, FROM THE CONVOCATION OF THE STATES-GENERAL TO THE TREATY OF AMIENS IN 1802. PART V. Embracing the History of BUONAPARTE During the three first years of his Consulate. Translated from the French Manuscript of J. H. de Croisail, By L. H. Girardin, Professor of Modern Languages, History, and Geography, in the College of William and Mary. Printed for the Proprietors, at the office of the Publick Ledger: February 20 law 437
I will Rent to any respectable Person, ONE half of the WAREHOUSE occupied by me on Maxwell's Wharf, either the lower or upper part of it. JOHN C. NIEMEYER. February 20. 442
TEN DOLLARS REWARD.
R ANAWAY from the subscriber, on Thursday evening last, a negro fellow, named SAMUEL BARKER.—He has a yellow complexion, is five feet five and a half inches high, about 28 years of age, and has a large scar over his left eye. He wears a ring in each of his ears, and had on when he eloped, a double breasted coat. There can be little doubt of his attempting to pass as a free man, as a forged certificate of his freedom was found the day after he went off. The above reward will be given to any person, who will secure him in jail, so that I get him again. JOHN FOSTER. Richmond, February 12. 439

FOR SALE,  BY WILLIAM B. LAMB, 50 Puncheons St. Vincent's RUM. 10 Hogsheads and 28 Tierces SUGAR. 10 Pipes French BRANDY. 5 do. GIN. 13 do. Madeira WINE. 10 Quarter Casks SHERRY. 10 Cases CLARET. 10 Hogsheads do. 12 Bags GINGER. 1 Case Black SATTINS. 3 do. Irish LINEN. 7 Bales India COTTONS. 3 Trunks CALLICOES, &c. February 13. 413
NORFOLK HOTEL. THE Subscriber informs his friends and the publick, that he has opened an HOTEL in that convenient house formerly the NAVY TAVERN No. 128 Main-Street, where he hopes by his attention, to give satisfaction to those who may favour him with their company. He will always keep the best liquors: and Private Parties will be furnished with Dinners, Suppers, or Relishes, at the shortest notice. BOARDERS accommodated by the week, month, or year Henry Benbridge. October 9. 170
FALL AND WINTER GOODS.  THE SUBSCRIBER Has received by the Brig COURMERCY, from LONDON, and Ship BRUTUS, from LIVERPOOL, A GENERAL ASSORTMENT OF  FALL AND WINTER GOODS, which he offers for sale, by Wholesale or Retail, on moderate terms. Richard Taylor. ALSO—A FEW BALES BEST  TWILLED SACKING. Sept. 22. 150
NOW LANDING From on board the Schooner LYDIA, Capt. Livington, from Antigua 116 Puncheons RUM. For sale by William Pennock. WHO WANTS TO PURCHASE, RED AND WHITE OAK STAVES—and 22 INCH SHINGLES. November 5. 122
FOR RENT, An excellent strong fire proof WAREHOUSE, on Commerce Street.—Also, a small DWELLING-HOUSE, very pleasantly situated on the lot of the subscriber, on Boush Street. GOODS RECEIVED ON STORAGE By the Subscriber, on the usual low rates, in his convenient fire proof Warehouse, on Commerce Street. JOHN GRANBERY. January 30. 4w 376
WINDOW GLASS. I have just received for sale, from the Baltimore Manufactory, 34 BOXES WINDOW GLASS. 8 by 10—9 by 12—10 by 12—and 12 by 14.—And shortly expect a large supply of all sizes, commonly used here. The quality of this glass is good, and the prices will be found low. Apply to JOHN C. NIEMEYER. December 28. 213
ROBERT MAITLAND & CO. Have moved to their new Fire Proof Warehouse, on Commerce Street, where they have for sale, Old Lon. Par. Madeira WINE, in Pipes Hogsheads and Quarter Casks. Holland and Country GIN, in Pipes. French BRANDY, do. Leaf SUGAR, per Hogshead. New-York Prime PORK, &c. &c. January 30. 2m 379
LAND FOR SALE. A TRACT in the County of Isle of Wight, containing 414 acres, near Nansemond line, and within about four or five miles of Scott's Landing, on Nansemond River. About one hundred acres is cleared, on which is a House, and an Orchard which produces about six or eight barrels of Apple Brandy, per annum; and a large Young Orchard coming on. The residue of the Land is covered with heavy Oak, and Pine Trees, and a large portion of it furnishes excellent pasturage—Any person desirous to purchase, will meet with liberal terms, on application to Mr. Thomas Bennett, Merchant, Petersburg; to Richard Yarborough, Suffolk; or to JOHN BARBER. Isle of Wight, February 1. 1m* 385
COW-POX. THOSE persons who wish to avoid catching the Small-Pox which now exists in this Borough, are informed that the subscriber has again succeeded in introducing the Vaccine Infection, and that he now has several arms fit to inoculate from. He has returned to his old shop at the lower end of the new market. George Balfour. AN APPRENTICE wanted. Nov. 16. tf 325
LIVERPOOL SALT. QUEEN'S WARE, in Crates well afforded. DUFFIL BLANKETS, in small Bales. 10 and 20d. Flat Pointed NAILS, in Casks—and LIVERPOOL COAL. If taken from along side the ship Jane, Capt. Colley, will be sold low. Apply to William Pennock. WHO OFFERS FOR SALE, 114 Puncheons Jamaica RUM. Imported in the Sarah, Capt. Herbert. October 23. tf 187
FOR SALE—A BARGAIN.  THE SUBSCRIBER, WISHING TO DECLINE THE RETAIL BUSINESS, OFFERS FOR SALE, HIS WHOLE STOCK IN TRADE, AMOUNTING TO ABOUT $20,000. CONSISTING OF DRY GOODS, Cutlery, Hardware, Castings, Nails of all sizes, and a number of other articles.—The whole will be sold on very low terms, and a liberal credit will be allowed, on bond with approved security.—Also, the balance of the lease of his Store, equal to any stand in Norfolk, if required. Property in the Borough of Norfolk, or Lands in the neighbouring counties, Publick Securities, &c. will be taken in exchange. For further particulars, apply to James Tucker. WHO HAS FOR SALE, ON VERY LOW TERMS, A VALUABLE TRACT OF LAND, on the South Branch of the Potomac. Aug 21. tf 194
FOR SALE, SUPERFINE AND FINE FLOUR, and CROSS-MIDLINGS, by Thomas Ritson. Church-Street, October 27. tf 194
LANDING At Commerce Street Wharf, from on board the Schooner Catharine Shepherd, from Guadalupe, 90 Hogsheads of Brown Clayed SUGARS. Apply to J. GALWEY.
NOTICE.  THE CO-PARTNERSHIP OF  FISK & STEARNS, Ceases this day, in consequence of the death of Mr. STEARNS. All those that have claims against the said firm, are requested to present them to the subscriber, the surviving partner, and receive their money. And all those indebted to the said company are requested to come forward for the immediate adjustment of the same, as no indulgence can be given. MARTIN FISK. Who informs his friends and customers, that he has returned to his former stand, where he offers
FOR SALE, 50 Barrels new Beef, Boston Inspection. 20 Hogsheads First Quality Sugar. 20 do. Second do. do. Loaf Sugar, in hlids. and bbls. 12 Pipes Bourdeaux Brandy. Madeira, Port, and Malaga, Wines, in pipes and quarter casks. 20 Cases London Porter, 6 doz. each. 20 Chests Hyson, Young-Hyson, and Hyson-Skin Teas—Fresh. 60 Boxes Fresh Chocolate, No. 1 and 2. 50 do. Mould Candles. 50 do. Dipt do. 20 do. Spemaceti do. 150 do. Brown Soap. 50 do. Cheese, first quality, for family use. 50 Casks do. in good shipping order. 50 Boxes Dixon's best Mustard, 3 dozen each. 6 do. Glass Tumblers. 50 Kgs Butter, for family use. 200 Reams Wrapping Paper. 100 do. Writing do. 150 do. Printing do. 150 Casks Wrought Nails, 4d. 6d. 8d. 10d. 12d. 20d. and 24d. 50 do. Cut do. 4d. 6d. 8d. 10d. and 20d. 6 do. Flooring Brads. Tacks of different sizes. 30 Bags of Pimento. 15 do. White Ginger in the Root. 30 lbs. Nutmegs. 10 do. Mace. 40 do. Cinnamon. 30 do. Cloves. 100 do. Spanish Float-Indigo. 10 Casks Refined Salt-Petre. Cotton & Wool Cards in Boxes. 3000 lbs. Copperas. 1000 do. Allum. 500 Bags Patent Shot. 50 Kgs F & F London Glazed Powder. 15 M. Gun Flints. 100 Boxes 8 by 10 London Crown Glass, 50 feet each. 50 Bolts Oznaburgs. Seine Twine. 50 Kgs London White Lead, ground in Oil. 30 Boxes Tobacco Pipes. Paint and Sweeping Brushes, of all kinds. 100 Sides Soak Leather. 20 dozen Calf Skins, Grain and Waxed. 10 do. Boot Legs, of the best quality. Morocco Skins of all kinds. 1 Trunk of Gentlemen's London made Boots. 1 do. do. do. Shoes. 2 do. Ladies Fancy and White Kid Slips. 20 do. Mens and Womens Leather and Morocco Shoes. 150 Italian Straw Carpets. 100 Small Nova-Scotia Grindstones. A few gross Hot Pressed Playing Cards, of a superior quality. Nov. 12. tf 230
The Norfolk Draw-Bridge Company, (For completing the Bridge across the Southern Branch) Will further contract for the following pieces of Timber, to wit, 24 Piles 38 feet long, 12 by 12 48 do. 46 do. do. 40 do. 56 do. do. 42 Cap Pieces, 34 do. 12 by 14 200 Braces, 11 do. 6 by 14 180 Joists or String Pieces, 27 do. 8 by 9 300 do. 27 do. 4 by 14 113 do. 53 do. 4 by 14 1000 Running feet of Railing, 27 ft. lengths, 4 by 6 17500 Superficial feet of 3 } 30 do. inch planks, in The whole of the above Timber must be of the best heart pine, and deliverable between the first of February, and last of March next. They likewise wish to hire by the month, three or four pair of good Sawyers, for which liberal wages will be allowed—or they will contract by the hundred feet for Sawing up into Plank and Scantling, the Timber now in their yard, to the extent of, perhaps, 20 to 25,000 feet of line. The Stockholders in this Company, are respectfully reminded, that the second Monday in January annually, is appointed by their Charter, for the Election of Directors.—The meeting for this purpose, the year first ensuing, will be held at the Norfolk Hotel, at 11 o'clock on that day. December 31. tf 315
JUST RECEIVED, By the ship Roba & Betsey, Capt. Richardson, from London, and for sale by the subscriber, A LARGE SUPPLY OF  DRUGS AND MEDICINES, of all kinds. Patent Medicines, Perfumery, &c. &c. Also received by the ship Almina, Capt. Stover, A LARGE ASSORTMENT OF  SURGICAL INSTRUMENTS, Consisting of Amputating, Trepanning, Cupping, midwifery. Tooth of different sorts, Crown and Common Lancets, and Surgical Pocket Instruments &c. &c. HARDHAM'S SNUFF, No. 9. Also, by the ship Olive Branch, Capt. Le Breton from Bristol, A LARGE & EXTENSIVE ASSORTMENT OF  GLASS & FURNITURE, For Apothecary's and Practitioner's Shops. Those who favour us with their orders will be supplied on the most reasonable terms, and the articles of the best and freshest quality, as our importations are regularly twice a year, and laid in with cash, from the most respectable Druggists in London. MEDICINE CHESTS made up as usual. Also, a few elegant Mahogany Chests of the newest construction, with furniture complete, PERRY'S ANTI-BILLIOUS PILLS. Frederick Heermann & Son. July 17. 2aw 12m. 1
WILL BE LANDED TO-MORROW, From on board Schooner Mohawk, 175,000 lb. PRIME COFFEE, For Sale, by WILSON, CUNNINGHAM & CO Jan. 21. 9 353
ARISTOTLE. Magna anima contentio adhibenda est in explicando Aristotele. CICERO, FRAG. PHIL. Frequentabunt ejus domum optimi juvenes et veram viam, velut ex oraculo petent. Hos ille formabit, ut vetus gubernator, litora et portus, et quid secundis flatibus quid adversis ratibus poseat, docebit, et communi ductus officio et amore quodam operis. QUINTIL. To proceed orderly in this (i: e: the study of politicks) the foundation should be laid in enquiring into the ground and nature of civil society; how it is formed into different models of government; and what are the several species of it. Aristotle is allowed (to be) a master in this science; and few enter upon the consideration of government without reading his politicks. LOCKE. Aristotle's Nicomachean Ethicks afford not only afford the most perfect system of Scientific Morality, but exhibit also the powers of the most compact and best constructed system which the human intellect ever produced upon any subject. DR. RENNELL.
PROPOSALS,  BY GEO. L. GRAY, OF NORFOLK, FOR PUBLISHING BY SUBSCRIPTION, THE FIRST AMERICAN EDITION OF  Aristotle's Ethicks and Politicks; COMPRISING HIS PRACTICAL PHILOSOPHY. Translated from the Greek; and illustrated by introductions and notes, a Critical History of his Life, and a new Analysis of his Speculative Works. BY JOHN GILLIES, LL. D. &c. Historiographer to His Britannick Majesty for Scotland.
CONDITIONS. The work shall be comprised in two large octavo volumes, on a good paper, and a new type to be cast on purpose. The price to subscribers will be four dollars for each volume, in boards: payable on delivery of the work. With the last volume shall be given a list of the subscribers; and no greater number will be printed than may be subscribed for. Persons who obtain ten subscribers, and render themselves accountable for the amount, shall be entitled to one copy gratis: and for any number above ten a commission of seven and one half per cent. The usual deduction will be made to Booksellers who subscribe for ten, or a greater number of copies. The work will be put to press as soon as a sufficient number of subscribers to defray the expense shall have been obtained. N. B. The price of the English Edition, in two volumes, is Eighteen Dollars, the subscriber to the present edition saves ten dollars of that sum; and the Editor engages that it shall rival or surpass the imported publication in elegance.
Any remarks upon the character of the STAGIRITE as a Philosopher and a Politician, or any praise of his writings on Ethicks and Government, might, on the part of the Editor and in this place, be regarded as unprofitable supererogation. He stands confessed and universally acknowledged, the greatest master of the Science of Politicks; and few modern writers on the subjects of which he treats, have passed him by without avowing their gratitude to him, and their admiration of his profound researches. By the citizens of the United States, a people possessing more civil liberty than has ever before been enjoyed by any nation on earth, it is hoped that an author who is of all others most capable of instructing them in the nature and blessings of such a government as they have instituted, whose remarks result from a close examination of the theories of upwards two hundred commonwealths, will be received as a most welcome guest. To a people who, by the nature of their civil institutions, are individually liable to be called upon to regulate the affairs of the community, he will prove an useful companion and monitor. Too high an opinion cannot reasonably be entertained of a work which LOCKE declares to be necessary to every man who would understand the nature of politicks; of a Philosopher to whom the learned GROTIUS assigns the most exalted rank, "whether estimated by the perspicuity of his method, the acuteness of his distinctions, or the weight and solidity of his arguments." Of the translation little farther need be said, than that it is universally allowed to have been executed with fidelity, and certainly with much clearness and elegance. The learned author of the Pursuits of Literature, not otherwise much inclined to favour the Historian of Greece, says "I think we are much indebted to Doctor GILLIES for offering to the publick an English translation of the two most important treatises on MORALITY and POLITICKS which antiquity can boast. No man can read these works without being wiser and better." Reflecting upon the great utility of such a work to a people who make politicks so much their study, the Editor deems it unnecessary to load these proposals with recommendatory quotations, from the vast crowd of civilians and philosophers who voluntarily endeavoured to discharge the debt which every man to science owes to this universal teacher. It is under the hope of rendering a service to his fellow-citizens, independent of local motives, that he has undertaken the weighty task of republishing a work so important: and he hopes that his success will fully justify him for attempting, at this time, to give to the world a cheap, and he pledges himself that it shall be a correct, edition of these most useful of the labours of ARISTOTLE. NORFOLK, Virginia, Nov. 26, 1804.
FALL GOODS. WE are now landing from the brig Commerce, from London, an extensive assortment of FALL GOODS, among which, are afforded packages, calculated for the West India market, entitled to drawback; which will be sold at low advance, by Gilliat & Mackinder. August 21. tf 92
LANDING THIS DAY, On Newton's Wharf, from Schooner ELIZA, 60 Puncheons fine flavoured Nevis RUM. For sale by WILSON, CUNNINGHAM & CO. January 30. 3w 374
CLAYED SUGARS. Received by the Schooner Five Sisters, from Martinique. 55 Hogsheads White and Brown Clayed SUGARS. For sale by J. GALWEY. WHO HAS ALSO ON HAND, A few Pipes COGNAC BRANDY. Feb 1 v 6. 6c 398
NOTICE. HAVING given Mr. STEPHENS PARNAM, a concern in my Business, the Firm in future, will be PHINEHAS DANA & Co. January 2. tf 320
FOR SALE—A FLOT. 250 Barrels FLOUR—Gallego's Brand. JAMES HERRON. February 13. 2 418
I WILL SELL ROSETTA; AND I HAVE TO HIRE TWO NEGRO WOMEN. ROBERT BROUGH. February 18. 3 433
JOHN C. NIEMEYER, Has received in addition to his former assortment  GERMAN GOODS, 45 packages German Linens, &c. chiefly entitled to drawback, Consisting of Platillas, brown Hollands, Britanias, Sheetings, extra fine 1 1-8 yard wide, Dowlass and Creas of the best quality, Shirt linen, Diapers, Bed Ticking for Matrasses, Bed Bunts fine 1 1-4 to 2 yards wide, Ticklenburgs, Oznaburgs, Brown Hempens Hessian, Brown and White Rolls, Russia Sheetings and light Canvas. ALSO, Velvet Ribbons no. 2 to 130, Plush for Saddlers, black Satin for waistcoats, Brussels Lace 4 to 20 dols. per yard, cheap Edgings, German Nuns Thread, patent Needles, India sewing Silk, Made Shirts, Thread Stockings very fine, Razors, Spectacles, and Penknives, of the very first qualities, Chevalier Jewellery, fine Scissors, Muffs and Tippets of Martin Skins, 15 boxes Tumblers, Decanters, Wine Glasses, and Basket Flasks, &c. 3 Boxes English Mustard. 8 bales Cloths, Blankets, Coatings, &c. Andirons, Waffleiron, Coffee mills, Bird cages, and Seeds of all kinds, Table matts, & Straw plates, Suspenders of the best kind, Violins, Flutes, Clarinets and Fifes, Harp strings and Violin strings, elegant Bows and Instruction books Looking Glasses, a large assortment of Baskets, fine and common do. do. Toys cheap by the quantity. ALSO, 90 boxes first quality Havana Segars, 50 do. good quality St. Jago do. 140 do. Short Pipes, 200 lbs. Shoe Thread, 2000 Coffee bags good quality, 400 Gunny do. 250 M. com cheap Needles, 20 M. Toy marbles, 1 casesuperior Quills, &c. I will sell the above Goods low for cash or approved bills, or in barter for Coffee, and will take in payment One Hundred Hogsheads good Tobacco STEMS.—Apply as above. December 5. tf 273
ANTIGUA RUM.  THIS DAY, Will be Landed, on our Wharf, from on board the Schooner Genera Piquet, Captain Barry, 86 Puncheons Antigua RUM. Which will be sold on moderate terms, for Cash or approved Notes. C. & F. Whittle. October 32. tf 189
LEVIN DORSEY; At the corner of Fane and White-Water-Streets, Town-Point DAMS's Patent Globes, 12 inches diameter, with compasses in the bottom, very complete. Quadrants, black and red ebony, with single and double observation. Ditto—with tangent screws, 12 inches. Achromatic Telescopes, for night and day, on the latest and most improved construction, in a portable size, with sliding sun-shade. Telescopes, of the common kind, for night and day observations, or for day only, of every description. Circumferents, of the best qualities. Mariner's Compasses, in brass and wood. Pocket Compasses, in brass, of different sizes. Time Glasses—hour, half hour, 28, and 14 second. Gunter's Scales; Brass Dividers; &c. &c. Lighthouse the following Articles, FOR THE USE OF NAVIGATORS. Hamilton Moore's Epitome and Assistant. General Charts of the Coast of America, from Boston to Philadelphia. Ditto—Continued, with directions. Ditto—West-Indies, and Demarary, with directions. Ditto—Windward Islands, with do. Ditto—Gulph of Florida, with do. Ditto—Windward Passage, with do. West-India Pilots, with directions. ALSO, A few tons of Baltimore Bar-Iron, afforded, by the ton or less quantity—Composition Bolts and Spikes—Bouches—Carriage wheel boxes, of all sizes—all which he will warrant good. N. B. All kinds of MATHEMATICAL INSTRUMENTS repaired, at the shortest notice. Orders for every species of Brass-Castings received and immediately executed at his foundry, and the work delivered as above. August 7. tf 53
FOR SALE, 12 Puncheons ANTIGUA RUM. 15 do. GRENADA do. 5 Pipes HOLLAND GIN. 20 do. COUNTRY do. 12 do. FRENCH BRANDY. 2 do. ALICANT do. 22 Qr. Casks SHERRY WINE. 10 do. do. MALAGA do. PORT and CLARET WINE, in casks & bottles. 6 Barrels PORK—and about 1000 Dozen PORTER, of my last winters flock, equal to any imported. Joseph Hayes. August 24. tf 96
NOW LANDING On Maxwell's Wharf, from on board the Schooner SEAMAN, Capt. Seaman, from New-York, A CHOICE PARCEL OF  OLD COGNAC BRANDY, and a few casks of  DUTCH LINSEED OIL. Which will be sold low, by applying to John Brown, Rothery's Wharf. November 19. tf 297
OILS, PAINTS & WINDOW GLASS, Of all kinds, colours, and sizes. For sale by N. Gregory, opposite the Market. An ASSISTANT wanted—also, an active YOUTH to be employed in the store.—Liberal wages will be given to TWO ABLE HANDS, to turn a Pain-Mill. July 8. tf 3
LISBON SALT, For sale, on board the Brig Superior, Captain Wallington. Apply to WILLIAM PENNOCK. January 21. tf 359
SUBSCRIPTIONS Will be received at the Office of the Ledger, FOR THE  MONTHLY REGISTER AND REVIEW OF THE UNITED STATES, to be published at Charleston, S. C. BY S. CULLEN CARPENTER. Price Six Dollars per annum, payable half yearly in advance. August 14.
NORFOLK: PUBLISHED THREE TIMES A-WEEK, BY J. COWPER AND G. L. GRAY. OPPOSITE THE EXCHANGE COFFEE-HOUSE Price Five Dollars and Fifty Cents yearly, in advance.