Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1805-03-22 00:00:00

Berkeley and Jefferson Intelligencer.
[No. 44 of VOLUME VI.]
FRIDAY, March 22, 1805.
[WHOLE No. 304]
➔ WE are authorised to inform the Freeholders of Berkeley County, that GEORGE PORTERFIELD, Esq. and PHILIP C. PENDLETON, Esq. will be Candidates at the next election of Representatives for this County in the State Legislature.
➔ We are authorised to inform the Citizens of Berkeley, Jefferson and Hampshire Counties, that Maj. JAMES STEPHENSON has consented at the request of a number of his friends, to be a candidate at the ensuing Election for a Representative for this District in the next Congress of the United States.
➔ We are authorised to inform the Freeholders of this County, that Mr. JOHN GRAY and Captain MATTHEW RANSONE, will be candidates at the ensuing election of Representatives for Berkeley County in the State Legislature.
March 1, 1805.
To the Freeholders of Jefferson County.
FELLOW CITIZENS,
I OFFER myself as a Candidate at the ensuing election to represent you in the State Legislature.
I am, Gentlemen, with much respect, your most obt. servt. JOSEPH CRANT.
March 8, 1805.
George Tate
RESPECTFULLY informs the inhabitants of Jefferson County, that he will offer himself as a Candidate at the next Election; and if chosen, will, as heretofore, again faithfully represent them in the next General Assembly of this State.
March 15, 1805.
To the Citizens of Jefferson, Berkeley and Hampshire Counties.
I HAVE consented, at the request of a number of my friends, to become a candidate at the ensuing election for a representative for this district in the Congress of the United States; and now solicit your patronage. It has hitherto been so much the custom to travel through the district, to solicit votes, that for me to omit that part of the business, might probably give occasion of offence to some—I will therefore devote as much time as can be spared for that purpose; flattering myself at the same time, that those gentlemen whom I cannot visit previous to the election, will not impute it to any want of respect for them, more than others; but to the want of sufficient time to make such a tour. As I would rather lose my election, than gain it by any unfair means; my opponent and his friends may rest assured, that no ungentlemanly or improper conduct on my part, will be resorted to, for the purpose of obtaining success; and I flatter myself, that I shall be treated with the delicacy which I am determined to exercise towards my competitor.
I am fellow Citizens, with due respect, your obedient servant, JOHN MORROW.
Shepherd's-Town, } February 12, 1805. }
The following BLANKS, printed with NEW and ELEGANT TYPE, are always kept for sale at this Office:
DEEDS, Common BONDS, Apprentices INDENTURES, Promissory NOTES, &c. &c. &c.
NOTICE.
THE subscriber respectfully wishes to inform his customers and the public, that he has lately removed his Store to that eligible and commodious stand adjoining the Court House, fronting on Queen street and the public square, lately occupied by James Anderson, Esq. where he intends carrying on the Mercantile business.
He has just received a large additional supply of
Dry Goods and Groceries.
The ladies and gentlemen of this town and its vicinity, will please to accept my thanks for all former favours conferred, and I hope to merit a continuation of their custom.
He has BLANK BOOKS for sale.
JEREMIAH EVANS. Martinsburg, March 8, 1805.
AS the Subscriber intends removing from Martinsburg on the 28th inst. he hopes those who are indebted to him, either by Note or Account, will call at or before March court, and discharge their respective dues; in so doing they will prevent trouble and expense, as all notes and accounts not paid off by that time will be put into the hands of proper officers for collection.—He will offer for sale at public vendue on the 25th inst. Tables, Chairs, a Chest of Drawers, Bedsteads, and a variety of Household and Kitchen Furniture too tedious to mention, for which a generous credit will be allowed.
THOMAS PATTERSON. Martinsburg, March 8, 1805.
THE subscriber has lost the following Books, viz. the 3rd Volume of the Abbes; 1st, 1st and 2nd volume of Adama; 1st, 2nd, 3rd, and 7th volumes of Clarissa Harlow; Bruce's travels to the source of the Nile, bound in blue paper; the Investigating committee's report on the state of the finances, &c. of the session before last, exhibiting the state of the outstanding, unliquidated claims and balances due the United States, stitched in strong white pasteboard.
Any person who has borrowed, or who may now have in possession, any of the above Books, are requested to return them immediately.
JAMES FAULKNER. Martinsburg, March 8, 1805.
ONE DOLLAR REWARD.
RAN away from the subscriber on Tuesday the 5th inst. an apprentice boy to the blacksmith's business, named Daniel M'Quillen; he is about 19 years of age, is 5 feet 5 or 6 inches high, rather slender, and has short fair hair; had on a gray broad cloth coat, drab cloth pantaloons, black casimere waistcoat, a wool hat, pale blue stockings and coarse shoes. One dollar reward will be paid to any person who will apprehend and return said boy to the subscriber, living near Hoke's stillhouse five miles from Martinsburg.
N. B. All persons are hereby cautioned against harbouring, or in any manner employing said runaway.
BENJAMIN M'ALISTER. March 8, 1805.
FOR SALE,
A VALUABLE FARM containing near four hundred acres, in the County of Jefferson, situated between Charles-Town and Shepherd's-Town, and about three miles from the Potomac river. A more particular description is deemed unnecessary, as it is presumed whoever inclines to purchase will first view the premises. This Tract may be divided to suit any person who may wish to purchase a less quantity than the whole. Possession may be had immediately. For terms apply to the subscriber living in Charles-Town, Jefferson County.
JOHN DIXON. March 8, 1805.
WANTED IMMEDIATELY,
AS an Apprentice to the Printing Business, a lad from twelve to sixteen years of age, of industrious habits, of moral conduct, and whose connections are respectable. One from the country would be preferred.
J: ALBURTIS.
Intelligencer Office, } March 8, 1805. }
Dr. J. P. Harris,
ONCE more requests all who are indebted to him, to come in immediately and settle their accounts, either by paying them off, or by giving their notes for what may be due.—Being much pressed for money himself, he hopes this request will be deemed reasonable and speedily complied with.—His affairs are in such a train, that no longer indulgence can possibly be given.
February 22, 1805.
NOTICE.
BY virtue of a deed of trust, to us executed by Matthew Whiting, we shall proceed to sell at public auction, at the Mansion house of the late William Henshaw, deceased, on the 28th day of March next, for cash, one Negro boy named Prince, the property of the said Whiting. Due attendance will be given by
ADAM S. HENSHAW, WASHINGTON HENSHAW. Berkeley County, January 18, 1805.
Berkeley County, ss. February Court, 1805. George Riley vs Daniel Sturgess. In CHANCERY.
THIS day came the complainant by his counsel, and it appearing to the court that the defendant is not an inhabitant of this commonwealth, it is ordered that the defendant do appear here on the Monday after the third Tuesday in May next, to answer the complainant's bill, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer and continued for two months successively, and also be posted up for two months successively at the door of the court house of this county.
A Copy. Attest, DAVID HUNTER, C. B. C.
In the Senate of the United States, SITTING AS A High Court of Impeachment, ON THE 4th day of February, A. D. 1805. The United States vs. Samuel Chase.
[Judge Chase's Defence continued.]
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 misdemeanor 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 abovementioned 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 abovementioned 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 shewing 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 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 shewing any cause of challenge against them, and as many more as he could shew cause of challenge against. He did accordingly challenge peremptorily thirty-four of the jury, and the trial proceeded. In the evening, the court adjourned until the next day, Friday, the
Mr. Wm. Lewis
Mr. Alex. James Dallas

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 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 21st 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 abovementioned 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 his 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 incorrect 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 misdemeanor 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, 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 upon 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 show and he hopes with success, that all the opinions delivered by him in the course of the trial 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 a high crime or misdemeanor, for which he ought to be removed from office; unless it can be shown 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 misdemeanor 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 misdemeanor, 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.
The second article of impeachment charges, that this respondent, at the trial of James Thompson Callender for a libel, in May 1800, did, "with intent to oppress and procure the conviction of the said Callender, overrule the objection of John Basset, one of the jury, who wished to be excused from serving on the trial, because he had made up his mind as to the publication from which the words, charged to be libelous in the indictment were extracted."
In answer to this article, this respondent admits that he did, as one of the associate justices of the supreme court of the United States, hold the circuit court of the United States, for the district of Virginia, at Richmond, on Thursday the 22d day of May, in the year 1800, and from that day, till the 30th of that month, when Cyrus Griffin, then district judge of the United States for the district of Virginia, took his seat in the said court; and that during the residue of that session of the said court, which continued till the _____ day of June, in the same year, this respondent and the said Cyrus Griffin, held the said court together. But how far any of the other matters charged in this article, are founded in truth or law, will appear from the following statement, which he submits to the honorable court, by way of answer to this part of the accusation.
By an act of congress passed on the 4th day of May, A. D. 1798, it is among other things enacted, "That if any person shall write, print, utter or publish, or shall knowingly and wittingly assist and aid in writing, printing, uttering or publishing any false, scandalous and malicious writing, or writings, against the president of the U. States, with intent to defame, or bring him into contempt, or disrepute, such person, being thereof convicted, shall be punished by fine, not exceeding two thousand dollars, and by imprisonment, not exceeding two years;" and "that if any person shall be prosecuted under this act, it shall be lawful for him to give in evidence in his defence, the truth of the matter contained in the publication charged as a libel; and the jury shall have a right to determine the law and the fact, under the direction of the court, as in other cases," as in and by the said act, commonly called
the sedition law, to which this respondent begs leave to refer this honourable court, will more fully appear.
At the meeting of the last abovementioned circuit court, this respondent, as required by the duties of his office, delivered a charge to the grand jury; in which, according to his constant practice, and to his duty as a judge, he gave in charge to them, several acts of congress for the punishment of offences, and among them, the abovementioned act, called the sedition law; and directed the said jury to make particular inquiry, concerning any breaches of these statutes or any of them, within the district of Virginia. On the 24th day of May, 1800, the said jury found an indictment against one James Thompson Callender, for printing and publishing, against the form of the said act of congress, a false, scandalous, and malicious libel, called "The Prospect Before Us," against John Adams, then President of the United States, in his official character as president; as appears by an official copy of the said indictment, marked exhibit No. 4, which this respondent begs leave to make part of this his answer.
On Wednesday, the 28th day of the same month, May, 1800, Philip Norborne Nicholas, Esq. now attorney general of the state of Virginia, and George Hay, Esq. now district attorney of the United States, for the district of Virginia, appeared in the said circuit court as counsel for the said Callender; and on Tuesday the 3d of June following, his trial commenced, before this respondent, and the said Cyrus Griffin, who then sat as assistant judge. The petit jurors being called over, eight of them appeared, namely, Robert Gamble, Bernard Mackham, John Barrell, William Austin, William Richardson, Thomas Tinsley, Matthew Harvey and John Basset; who as they came to the book to be sworn, were severally asked on oath, by direction of the court, "whether they had ever formed and delivered any opinion respecting the subject matter then to be tried, or concerning the charges contained in the indictment?" They all answered in the negative, and were sworn in chief to try the issue. The counsel for the said Callender declaring, that it was unnecessary to put this question to the other four jurymen, William Mason, James Hawes, Henry S. Shore and John Prior, they also were immediately sworn in chief. No challenge was made by the said Callender or his counsel, to any of these jurors; but the said counsel declared, that they would rely on the answer that should be given by the said jurors, to the question thus put by order of the court.
After the abovementioned John Basset, whom this respondent supposes and admits to be the person mentioned in the article of impeachment now under consideration, had thus answered in the negative, to the question put to him by order of the court, as abovementioned, which this respondent states to be the legal and proper question, to be put to jurors on such occasions, he expressed to the court his wish to be excused from serving on the said trial, because he had made up his mind, or had formed his opinion, "that the publication, called 'The Prospect Before Us,' from which the words charged in the indictment as libelous, were said to be extracted, but which he had never seen, was, according to the representation of it, which he had received, within the sedition law." But the court did not consider this declaration by the said John Basset, as a sufficient reason for withdrawing him from the jury, and accordingly directed him to be sworn in chief.
In this opinion and decision, as in all the others delivered during the trial in question, this respondent concurred with his colleague, the abovementioned Cyrus Griffin, in whom none of these opinions have been considered as criminal. He contends that the opinion itself was legal and correct; and he denies that he concurred in it, under the influence of any "spirit of persecution and injustice," or with any "intent to oppress and procure the conviction of the prisoner;" as is most untruly alleged by the second article of impeachment. His reasons were correct and legal. He will submit them with confidence to this honourable court; which, although it cannot condemn him for an incorrect opinion proceeding from an honest error in judgment, and ought not to take on itself the power of enquiring into the correctness of his decisions, but merely into the purity of his motives; will, nevertheless, weigh his reasons, for the purpose of judging how far they are of sufficient force to justify a belief that they might have appeared satisfactory to him. If they might have so appeared,
if the opinion which he founded on them be not so palpably and glaringly wrong as to carry with it internal evidence of corrupt motives, he cannot in delivering it have committed an offence.
This honourable court need not be informed, that it is the duty of courts before which criminal trials take place, to prevent jurors from being excused for light and insufficient causes. If this rule were not observed, it would follow, that as serving on such trials as a juror, is apt to be a very disagreeable business, especially to those best qualified for it, there would be a great difficulty, and often an impossibility, in finding proper juries. The law has therefore established a fixed and general rule on this subject, calculated not to gratify the wishes or the unreasonable scruples of jurors, but to secure to the party accused, as far as in the imperfection of human nature can be secured, a fair and impartial trial. The criterion established by this rule, is, "that the juror stands indifferent between the government and the person accused, as to the matter in issue on the indictment." This indifference is always, according to a well known maxim of law, to be presumed, unless the contrary appear; and the contrary may be alleged by way of excuse by the juror himself. Even if not alleged it may be inquired into by the court of its own mere motion, or on the suggestion of the prisoner, and it may be established by the confession of the juror himself, on oath, or by other testimony.
But in order to show that a juror does not "stand indifferent between the accuser and the accused, as to the matter in issue;" it is not sufficient to prove that he has expressed a general opinion, "that such an offence as that charged in the indictment ought to be punished;" or "that the party accused, if guilty of the offence charged against him, ought to be punished;" or "that a book, for printing and publishing which the party is indicted, comes within the law on which the indictment is founded." All these are general expressions of opinion, as to the criminality of an act of which the party is accused and of which he may be guilty; not declarations of an opinion that he actually is guilty of the offence of which he stands charged. It is impossible for any man in society to avoid having, and extremely difficult for him to avoid expressing, an opinion, as to the guilt or innocence of those acts, which for the most part, are the subjects of indictments for offences of a public nature; such as treason, sedition, and libels against the government. Such acts always engage the public attention, and become the subject of public conversation; and if to have formed or expressed an opinion, as to the general nature of those acts, were a sufficient ground of challenge to a juror, when alleged against him, or of excuse from serving when alleged by himself, it would be in the power of almost every offender, to prevent a jury from being impanelled to try him, and of almost every man, to exempt himself from the unpleasant task of serving on such juries. The magnitude and heinous nature of an offence, would give it a greater tendency to attract public attention, and to draw forth public expressions of indignation: and would thus increase its chance of impunity.
To the present case this reasoning applies with peculiar force. "The Prospect Before Us" is a libel so profligate and atrocious, that it excited disgust and indignation in every breast not wholly depraved. Even those whose interest it was intended to promote, were, as this respondent has understood and believes, either so much ashamed of it, or so apprehensive of its effects, that great pains were taken by them to withdraw it from public and general circulation. Of such a publication, it must have been extremely difficult to find a man of sufficient character and information to serve on a jury, who had not formed an opinion, either from his own knowledge, or from report. The juror in the present case had expressed no opinion. He had formed no opinion, as to the facts. He had never seen "The Prospect Before Us," and therefore could have formed no fixed or certain opinion about its nature or contents. They had been reported to him, and he had formed an opinion that if they were such as reported, the book was within the scope and operation of a law for the punishment of "false, scandalous, and malicious libels, against the President in his official capacity, written or published with intent to defame him." And who is there, that having either seen the book or heard of it, had not necessarily formed the same opinion.
[To be continued.]

TRENTON, March 4. LATEST FROM EUROPE.
By yesterday's mail we received the New-York Morning Chronicle, containing London advices down to the 17th of January. The Chronicle contains the King of Great-Britain's Speech on the opening of Parliament, that of the Emperor of France on the opening of the Legislative Body, and the Manifesto of the King of Spain against the government of Great Britain, authorising hostilities; but the most important circumstance noticed in these advices is the Offer of Bonaparte to the British Government for a peace . This circumstance is noticed by the King of England in his Speech to parliament. The King observes that no decisive step will be taken on the subject till he has learned the sentiments of those Continental Powers relative thereto, with whom he is at present in friendly and confidential intercourse. He recommends to Parliament active and vigorous measures, and as usual laments the necessity of any new burdens on his people, while he rejoices at the general prosperity and growing resources of the country. Bonaparte opened the session of his Legislative Body, on the 27th of December, in all the forms of royalty. He was seated on a throne and the two branches of the Legislature summoned to attend him. His speech was short and pompous, reminding "his subjects" of the great things he had done for their happiness and glory, and boasting of the flourishing state of the country. He disavows any designs for a further extension of his dominions; but declares he will never suffer those states which are attached to the French Empire to be severed from it.
Our letters from the Mediterranean enable us to place before our readers further details of such heroic deeds, on the part of our gallant Officers, Seamen, and Marines, as must impress all nations with respect for the American Flag, and cannot fail to excite the emulation of our gallant youth.
"In the attack upon the enemy's shipping and batteries in the harbour of Tripoli, on the 3d of August, six American gun boats and two bombards, were placed in two divisions, commanded by the brave captains Decatur and Somers. The enemy's gun boats were also in two divisions. When the American signal to advance was made, captain Decatur led in with the boat which he commanded, and was followed by the boats commanded by Lieutenants Decatur, Trippe, and Bainbridge—his intention was to have brought the weather division of the enemy to a close and decisive action, but finding they declined the contest, and being unable to fetch them, he bore up for their leeward division, of seventeen gun boats, moored in a close line abreast under their batteries, advancing, and firing, under a press of sail—at this time he sustained a heavy fire of round and grape shot, from the shipping and batteries, by which the boat commanded by captain Bainbridge was rendered unmanageable; notwithstanding this accident, captain Decatur, having complete confidence in his seconds, lieutenants Decatur and Trippe, passed with his three boats through the enemy's line, cutting off five of their weathermost boats—and boarding the first himself, his example was followed by his Brother, and Lieutenant Trippe, each of whom, in the handsomest manner, laid the enemy on board, and compelled his antagonist to surrender. The boat boarded by capt. Decatur, was obstinately defended, and was not surrendered until seven-eighths of her crew were killed or wounded. Lieut. Trippe, after a severe and bloody conflict in which eleven Americans subdued thirty-six Turks, killing fourteen and wounding seven, succeeded and brought off his prize. The brave and lamented Lieutenant Decatur, when taking possession of his vanquished foe, was treacherously shot by the Turkish Captain, who effected his escape."
"Having manned his prize, and being left with only nine Americans, besides himself, the heroic Capt. Decatur determined to board another boat, in which he succeeded—being only ten Americans to twenty-four Turks, a scene of combat ensued, of the most daring effort on the one part, and determined resistance on the other."
"Prepared to receive the assailants with sabres, pistols, and boarding pikes, the Turks made a powerful defence, and were not subdued until twenty-one of them had fallen."
"Capt. Decatur was at different times most critically circumstanced—at one time while engaged with a Tripolitan Captain in front, a Turk in his rear aim-
ed a blow with a sabre, which one of his seamen ostinately interposed to receive, and which split his skull. In a subsequent encounter he was engaged by a Turk with a boarding pike, which he endeavored to cut off with his sword, when the blade broke, and left only the hilt in his hand—and he then received a thrust in the arm. Not having time to draw a pistol before the thrust would be repeated; he closed with his antagonist, who, being the stronger man, threw him—out, in falling, his activity placed him above his enemy, who then drew his dagger, as captain Decatur did his pistol, which prevailed—the spot where captain Decatur was engaged, then became the scene of action—the Turks advanced to the relief of their comrade, and Decatur's serjeant and four marines, with fixed bayonets, flew to his rescue. Victors, after a bloody conflict, decided for the glorious few, and three surviving Turks surrendered."
"The brave and much regretted Somers, having done every thing which skill and intrepidity could, on this occasion effect, afterwards solicited and obtained the command of a fire-ship, called an Infernal, which commodore Preble sent into the harbour of Tripoli—after carrying her within twenty yards of the Bashaw's Castle, she was boarded by two of the enemy's gun boats, each carrying one hundred men. Capt. Somers having but eight men to defend his vessel, and preferring a glorious death to ignominious slavery, fired the train, and with his gallant comrades, Wadsworth and Israel, and two hundred of the enemy, perished in the explosion." [Polit. Register.]
MARTINSBURG, March 22.
Extract of a letter from a gentleman in Kentucky, to his friend in Philadelphia, dated February 15.
"The oldest inhabitants in this country do not recollect a winter so severe as the present."
"The Ohio broke up about the 10th ultimo, and the damage sustained thereby is incalculable. It was my misfortune to be an eye witness to nearly all of it. In the course of one day I saw not less than eight flat bottomed and four keel boats, some of which were loaded, ten ferry flats, between sixty and eighty canoes, and a house, descending the river among the ice."
"To see trunks, bales, boxes, &c. with people frozen to death, floating down, was sufficient to melt the stoutest heart."
"Three families from Virginia and Maryland, moving to this country, containing thirty-one souls in one boat, had it stove and every soul perished. Two boats more were stove about two miles above where I was, boats, cargoes, and crews all lost. I lost my boat, but in other respects sustained very little damage."
New Constitution for Pennsylvania! A project is started by Duane , for calling a Convention to form a new constitution for this degraded state. The present one has been in operation 15 years and is now considered as nearly worn out by the democrats. It is indeed a wonder that it lasted as long as it has considering the rude hands it has fallen into. In France they have had half a dozen in less time. A memorial, to be presented to the Legislature is put in circulation for signatures. It states, as principal grievances, that "the Senators are chosen for too long a period," 4 years—that the governor has too much patronage and that Judges hold their offices during good behaviour, when they ought to be chosen annually."
An arrival at Salem from Marseilles brings an article of intelligence which, if it could be depended upon, is interesting. The captain informs that "on the 2d of January he was boarded by a boat from the fleet of Lord Nelson and informed, there was a prospect of peace between the United States and Tripoli very shortly." It is probable that some negotiations may have taken place between commodore Barron and the Bashaw since our last advices from the Mediterranean, but it is far from certain. And though some intercourse had occurred, it by no means follows that a speedy peace would be the result. [Mercantile Advertiser]
Captain Bennett from N. Orleans arrived at N. York, informs that two days before he sailed, Mr. Lewis brother-in-law and secretary to governor Claiborne, fell in a duel with Mr. Sterry, of Providence. Mr. L. was shot through the heart the second fire.
Captain Steele from Jaquemel informs that preparations were going on there to go against the city of St. Domingo in conjunction with the British, and the opinion was that they would succeed. New-York paper.
Extract of a letter from Cadiz, dated the 7th of January, 1805.
"I beg your reference to m. letter of the 14th December, which was dispatched by the American ship Fanny, Captain Wood, via Norfolk. This will serve to acquaint you of the high prices of tobacco, flour, wheat and rice, owing to the great scarcity of those necessary articles, all occasioned by the complete failure of the crops throughout all this Kingdom. Knowing this to be the actual condition of this country, in my opinion you could not do better than to adventure here—Tobacco is very high and much wanted. Flour is this day 23 dollars per barrel, wheat rising 5 dollars per bushel, rice is 9 dollars to 16 per quintal or nett 100 lbs. All these prices most unquestionably hold good till the north seas are practicable, which will not be till June next, and the supplies from the Mediterranean are very limited and partial, the emperor of France having forbid the exportation of wheat where his influence extended, so that most, if not all the supplies must come from the United States. From a full view of these facts I have no doubt in my mind that shipments from America, in the above articles will yield a handsome advantage to the shipper. A rumour prevails that this port is or will be blockaded in consequence of a letter written by the admiral, Sir John Orde, to the governor of Cadiz, declaring the painful necessity he was under of placing the port in a state of blockade. The governor's answer was dignified—still however a number of neutral vessels have arrived without being molested or forbid by the English squadron; however it is always best to guard against evil consequences, I would advise, in case you make any shipments to this country to direct the master or supercargo to go into the port of St. Lucar, which is only five or six leagues distant from Cadiz provided he is not permitted by the English squadron to come in here. The port of St. Lucar, is the only sea port for the great city of Seville, and where, in fact, every thing is dearer than even at this place."
Flour at Hayanna 40 dollars. Flour at St. Thomas, the 11th February, 25 dollars. Flour at St. Domingo is 30 dollars.
Meminger & Cooper
WILL thank those indebted to them, for the whole or part of their respective accounts, on or before the first day of April.—They have several loads of Flour they wish hawled to Baltimore—Rye for horse feed will be furnished at six shillings and six pence per bushel, if required. March 22, 1805.
Public Sale.
Will be exposed at public sale, on Friday the 19th day of April next, at the subscriber's dwelling house in Shepherd's Town, Jefferson County, the following Property, viz.
THE HOUSE and LOT, which I now occupy, being on the Main Street in said town; the house is very convenient and nicely finished, the Lot a full one with a number of choice fruit trees on it; one active, strong young horse, suitable either for the saddle or gears; one excellent Milch Cow; some Feather Beds and Bedding; one Ten Plate Stove with the pipe belonging thereto; one fashionable walnut Corner Cupboard, with a number of other articles unnecessary to mention. The sale to begin at ten o'clock, A. M. and continue from day to day until the whole is sold. A credit of eight months will be given on all sums above eight dollars, on the purchaser giving note with approved security.
GEORGE OX. Shepherd's-Town, March 22, 1805.
FOR SALE, A LIKELY
Negro Boy, about twelve years of age. Inquire of the Printer. March 22, 1805.
The last Notice.
WHEREAS, some time since, I gave notice in the public papers, that necessity compelled me to settle and collect my out-standing debts, which notice has not produced the desired effect.—That my friends and customers may not complain of my transferring their obligations and accounts without due notice, I again inform them that necessity will compel me to assign and transfer to my creditors all debts due me which will remain unpaid on the 10th of April next, upon which suits will then be brought indiscriminately.
LUKE PENTONY. Martinsburg, March 22, 1805
TO BE LET,
THE large red House, nearly opposite to the Globe Tavern, in King Street, Martinsburg, in which Mr. Alexander Kennedy now lives—This house is tolerably well finished, has a large Garden attached to it, with a Kitchen, Stable, &c. and is well calculated for a public house, or would suit a private family. Possession may be had the 1st of April next.
Also—the small Log House cornering on Queen and John Streets—Possession of this house may be had immediately.
ANN HUNYER. Martinsburg, March 22, 1805
IN COUNCIL.
AS guardian for Robert Lyle, sundry obligations (given for property purchased at the sale of the estate of Robert Lyle, dec.) have come into my hands, which, if not paid before the 10th day of May next, will be put into the hands of an attorney for collection.
JAMES CAMPBELL, Guardian. Middle-Creek, March 22, 1805.
CAME to the plantation of the subscriber, about the 28th of last month, two Estrays, one a brown MARE, about 10 years old, 15 hands high, shod before, with a small white round three of her feet; the other a light bay HORSE, 9 or 10 years old, shod all round; both natural trotters, no perceptible brand on either. The owner is desired to come forward, prove his property, pay charges and take them away.
ABRAHAM SHEPHERD. Near Shepherd's-Town, March 22, 1805.
TO BE SOLD,
A VALUABLE PLANTATION and TRACT of LAND, containing one hundred and fifty-nine acres and a half, by deed, lying on the crams of Middle-Creek, in Berkeley County, adjoining the land of Capt. Jas. Campbell, John Lee and John Gray, there are on the premises, a convenient Farm House, good Barn, a number of bearing Apple Trees, that seldom miss bearing, about seventy acres of clear land, inclosed in five fields, the remainder well clothed with Timber. For terms apply to the subscriber living on the premises.
JOHN CROTHERS. March 22, 1805.
Look here!
THAT famous stud horse YOUNG MEXICON, the property of Mr. Davis of Maryland, who stood the last season at Captain John Robinson's, will stand the present season and cover mares at the stable of the subscriber, where the terms and his pedigree will be made known.
JOHN MCLEARY. Martinsburg, March 22, 1805.
The noted Horse PRESIDENT,
WILL stand this season, (the three first days in each week) at the subscriber's plantation, in sight of Tuscarora Meeting House, and the three last days in the week at Hess's Mill on Opeckon, and cover mares at four dollars the season, two dollars each the single leap, and seven dollars for insuring a foal—the money for the season to be paid the 1st of January next, and for insurance when the mare proves with foal.
PRESIDENT is a handsome bay with a star and snip and four white feet, he is sixteen hands high, four years old this spring, and is remarkably strong and active.—He was got by a full bred horse and an Esopus mare—It is tho' unnecessary to say any thing more of his pedigree, as his appearance will be a sufficient recommendation.
JONATHAN CUSHWA. March 22, 1805.

Public Sale.
Will be sold at public vendue, on Wednesday the 27th instant, at the plantation of the subscriber, 5 miles from Martinsburg, near the road leading to Williamsport.
A NUMBER of large active Draft HORSES, Cattle, Sheep and Hogs; a Waggon, Plows, a Windmill and other Farming Utensils; a number of useful BOOKS; Grain in the ground, &c. A reasonable credit will be given. The sale will begin about ten o'clock.
MARY ORRICK.
March 15, 1805.
The subscriber will sell his
PLANTATION, lying on the Drains of Mill Creek, about three miles from the Stone Tavern, between that tavern and Sibert's mill.—This tract contains about 150 acres of good Land, 70 of which are cleared and under good fence, the balance of the Land is well timbered—On it is an excellent Apple Orchard of about 200 thrifty trees, a large Peach Orchard and other fruit trees, 15 acres of good Meadow is now made, and more of the Land can easily be converted into meadow—There are on the place a convenient Dwelling House, Barn, Stables, Smoke House, &c. and an excellent Garden 100 feet square newly pailed, and several fine Springs. The subscriber being determined to leave this country, will sell the above Land at a very reduced price, for good pay he will let it go at 12 dollars per acre, and will take in part a Waggon and two good draft Horses.
JOHN HEATON.
March 15, 1805.
LOFTY.
THE noted Horse Lofty will stand the ensuing season at Martinsburg, and cover mares at six dollars the season, and thirty seven cents to the groom. This Horse is three-fourths of the Arabian or racing blood, and one-fourth of the Dray. His pedigree will hereafter be made known, if necessary. He will be shewn at next Court, which, it is presumed, will supercede the necessity of any further recommendation.
D. HUNTER.
March 15, 1805.
THE subscriber will sell at public vendue, on the 1st day of March Court, at the Court House in Martinsburg, the HOUSE and LOT in which William McCaslin now lives in said town. He will also sell, at the same place and on the same day, some out LOTS near Martinsburg, that are sown down with Grass.
WILLIAM BURNS, sen.
March 15, 1805.
I DO hereby caution all persons from purchasing a bond of $18 dollars, dated December last, of Daniel Welshons, the greater part thereof being paid, as I am determined not to pay the same over again.
JACOB SHUH.
March 15, 1805.
LANDS FOR SALE.
THE subscriber wishes to sell the Plantation whereon he now lives, situated on Back Creek, Berkeley County, 7 miles from Martinsburg and 15 from Bath, containing 333 acres of good strong Lime-stone Land, well watered, with at least 7 springs—150 acres are cleared and well enclosed, 8 acres of Meadow are made, and more Meadow land; the remainder of the tract is well covered with fine timber.—On the premises are a convenient Dwelling House, newly finished, Kitchen, a large Barn, Distillery, Pulling Mill, and some out houses, with a number of Fruit trees.—There is a good mill-seat, with a sufficiency of water, on this tract.
He will also sell one other tract of Land, situated on the river Potomak, near Richardson's Ferry, containing 102 acres, 40 of which are cleared, the greater part river bottom, the remainder of the Land is well timbered, and has a large sugar-camp on it—a small House is now built, and logs ready for raising a larger one. For terms apply to the subscriber.
WILLIAM SNODGRASS.
Back Creek, June 22, 1804.
NOTICE.
THE public are informed that the Ferry Boat on the river Potomak opposite Shepherd's-Town, which was taken off some time since by the ice, is regained, without the smallest injury, and is crossing daily with the usual facility and safety, which so much accommodates the traveller. Those who are unacquainted with this excellent and safe crossing place, are informed, that no delays ever take place in consequence of high wind or water, owing to the peculiar situation of the river. An uncommonly fine Boat with excellent sober hands, is doubtless, a great inducement for travellers to pass this way, which is equally as near a road as any other from the back parts of Virginia and the Western countries to Baltimore and the City of Washington.
JOHN BLACKFORD.
March 8, 1805.
Berkeley County, ss.
February Court, 1805.
George Riley vs Joseph Gale.
In CHANCERY.
THIS day came the complainant by his counsel, and it appearing to the court that the defendant is not an inhabitant of this commonwealth, it is ordered that the defendant do appear here on the Monday after the third Tuesday in May next, to answer the complainant's bill, and that a copy of this order be forth with inserted in the Berkeley and Jefferson Intelligencer and continued for two months successively, and also be posted up for two months successively at the door of the court house of this county.
A Copy. Attest.
DAVID HUNTER, C. B. C.
ONE CENT REWARD.
RAN away from the subscriber, on Sunday morning the 24th ult. an apprentice to the Printing business, named Bill Eggleston, about 5 feet 7 inches high, has short light hair; when spoken to stares with a pretty full eye, very fond of liquor.—He had two years and about four months to serve. He formerly wrought in Brown & Charlton's Printing Office at Martinsburg, and, as his mother lives about five miles from that place, it is probable he has gone that way. Had on when he went away, a blue coat, brown cloth pantaloons, a striped swansdown waistcoat, a red baize under waistcoat, and a wool hat about half worn. The above reward, but no charges will be paid for bringing him home.
THOMAS GRIEVES.
English Printing Office, Hagerstown, March 7, 1805. }
N. B. All persons are forewarned against harbouring or employing said runaway, at their peril.
NOTICE.
ALL persons having claims against the estate of Patrick M'Kelvey, dec'd, either by bond note or book account, are hereby requested to exhibit them properly authenticated for settlement—All persons indebted to said estate are also requested to make immediate payment to the subscriber.
GEORGE PAYNE, Adm.
March 8, 1805.
The high bred English Horse, YOUNG HAMILTONIAN.
WILL stand this season at Muse's Mill on Long Marsh Run, five miles from Snicker's Ferry and two miles from Rock's Ferry, the first three days in each week, and in Smithfield the remaining part of the week, and cover mares at the low rate of eight dollars the season, [which may be discharged by paying six dollars by the 1st of October next] three dollars the single leap and twelve dollars to insure a colt.
Young Hamiltonian is a bright bay, raising eight years old, fifteen and a half hands high, moves well and has a lofty carriage, is of an uncommonly high spirit and was imported from England in the year 1802, by Major Griffith of Philadelphia; he is a horse of as pure blood, and is of the best breed for running in England; he was got by Old Hamiltonian out of a mare that was got by Old Matchem. It is thought unnecessary to trace his pedigree any further back, as his handsome figure and activity will be sufficient to recommend him. The greatest attention will be paid by
JESSE BROWN.
March 8, 1805.
FOR SALE, a well-improved
Plantation,
On Middle Creek, near Darkesville, Berkeley County, containing about two hundred acres, whereon Mr. Edward Chapman now lives, for which a general warrantee will be made to the purchaser, and which if not sold before the 20th day of March, will be rented for one year and possession given on the first day of April next. The terms will be made known upon application to the subscriber.
PETER LAWSON.
March 1, 1805.
FOR HIRE, TWO Negro Girls,
One about fifteen and the other sixteen years old; they have both been accustomed to house-work, and one has for some time past been a cook. An employer in the country would be preferred. Inquire of the Printer.
January 11, 1805.
(vtl)
More Fresh Goods.
The subscriber begs leave to inform his friends and the public generally, that he has just received, and is now opening, a very handsome assortment of
GOODS,
suitable for the present and approaching season, which, in addition to the Stock purchased from the late firm of Smith & Co. makes his assortment complete—which he is determined to sell unusually low for Cash.
THOMAS C. SMITH.
Martinsburg, February 22, 1805.
Winter Goods and Groceries.
THE SUBSCRIBER
Has just received and finished opening, (part from Philadelphia and part from Baltimore,) a very large supply of
Choice Winter Goods and Groceries,
Which, in addition to his former stock, makes his assortment more complete than ever, consisting of almost every article in the Dry Goods and Grocery line, too numerous to particularise—all which he begs leave to offer his friends and the public in general, at the most reduced prices for CASH or COUNTRY PRODUCE, or on the usual credit to punctual customers.
WARRANTED
Bolting Cloths,
Superfine, Common and Middling, of the first quality, for sale on the usual terms.
N. B. He offers the highest price in Cash, for Wheat, Rye, Corn, Oats, or Flax-Seed.
With the greatest esteem, He remains the public's ob't. and humbl. serv't.
PHILIP NADENBOUSCH. Martinsburg, January 11, 1805.
BY virtue of a decree issued from the District Chancery Court holden at Staunton, in the case of William Hodgson against James M'Donald, will be offered at public sale on Saturday the sixth day of April next, at two o'clock in the afternoon, on the premises, for ready money, half a Lot of GROUND, lying on King's-street, in the town of Martinsburg, whereon are standing several useful improvements, a good looking two story STONE DWELLING HOUSE, containing six rooms with some pains bestowed on their inside work, with a cellar under the whole, a Kitchen and other common appendant buildings, with a well on the premises, though it probably does not afford water at all seasons of the year, yet it is useful for the preservation of fresh provisions. This property is perhaps best known by the name of Duncan's stone house.
ELISHA BOYD.
MATTHEW RANSONE, EPHRAIM GAITHER,
Commissioners.
February 22, 1805.
FOR SALE.
Pursuant to the last will and testament of Robert Creighton, dec'd, a valuable
Tract of Land,
Lying in the County of Berkeley and State of Virginia, three miles from the town of Martinsburg, on the road leading to Williamsport, eighty-five miles from the City of Baltimore, seventy-five from the City of Washington, and eighty miles from the town of Alexandria—containing six-hundred acres, one half cleared and under good fence, the balance well clothed with timber: There are on said land a number of never failing springs, and a sufficient quantity of Meadow: This Tract would suit well to be divided, as there are two Dwelling Houses, two Double Barns, and two Orchards of choice Fruit. It lies five miles from the river Potomak, the navigation of said river is now completed, produce may be conveyed down the river to the City of Washington and to the town of Alexandria at a small expense. For terms apply to William Riddle, of the town of Martinsburg. A good title will be made the purchaser by
WILLIAM RIDDLE, } Exr's. and Wm. CREIGHTON, Martinsburg, February 1, 1805.
FOR SALE,
A PLANTATION, containing about 180 acres, about 100 of which are cleared; there is a convenient Dwelling House and Kitchen and a good Barn on the premises; near the House is a Well thirty feet deep, which never goes dry when kept clean; on one part of the Plantation there is a large and excellent Spring.—The Land is of a superior quality; it lies on the road leading from Martinsburg to Boyd's Ferry, and is about six miles from the former place.—For terms apply on the premises, or to the subscriber in Martinsburg.
IGNATIUS PRICE.
January 25, 1805.
December Court, 1804.
Berkeley County, ss.
Barbara Helm, administratrix, and Jacob French, administrator of Martin Helm, deceased, Complainants.
against
Mary Foland, widow and relict of George Foland, deceased, and Mary Foland, Rebecca Foland and Eleanor Foland, children and heirs at law of said George Foland, Defendants.
In CHANCERY.
THIS day came the Complainants by their Counsel, and it appearing to the Court that the Defendants are not inhabitants of this Commonwealth, it is ordered that the Defendants do appear here on the Monday after the third Tuesday in March next, to answer the Complainants' bill, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer, and continued for two months successively, and also be posted up for two months successively at the door of the Court-House of this County.
A copy.
Attest,
DAVID HUNTER, C. B. C.
ONE CENT REWARD.
RAN away from the subscriber, some time in February last, an apprentice boy named George Lester; he is about six feet high and slender made; he took with him a variety of clothing not particularly recollected. One cent reward will be paid to any person who will return said runaway.
JACOB HAMMA.
Martinsburg, March 8, 1805.
MARTINSBURG, Berkeley County, Virginia; Printed and published by JOHN ALBURTIS.
TERMS OF THE INTELLIGENCER.
THE price of this Paper is two dollars per annum, one dollar payable at the time of subscribing, and one when the year expires. Distant subscribers pay for the whole year in advance. The price of Advertisements, to non-subscribers, is one dollar per square for three weeks insertion, and for continuance after that time 25 cents per week; Subscribers will continue to receive a reduction of one-fourth on their Advertisements.