Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1804-12-21 00:00:00

Berkeley and Jefferson Intelligencer.
[No. 31 of VOLUME VI.]
FRIDAY, December 21, 1804.
[WHOLE No. 290.]
Meminger & Cooper
Have received from Philadelphia their supply of
Fall Goods,
which added to those they had on hand, makes a handsome assortment.—They keep LIQUORS of the first quality—
  Port,  Wines.  Jamaica Spirits,    Sherry,  French Brandy,    Lisbon & Malaga  Peach Brandy,     Common Rum & Rye Whiskey.  
Pine-Grove Ten plate STOVES—AND IRONS—KETTLES—POTS, OVENS—GRIDDLES, TEA KETTLES—SKILLETS and WAGGON BOXES.—The known superiority of these Castings, must induce those wishing to purchase, to give them a preference.—SHEET-IRON for Stove-pipes and doors.
Also, an assortment of best TEAS—Hyson, Young-Hyson, Hyson-Skin, Imperial and Bohea, all of which they offer for sale for Cash, or Grain of any description.—Cash paid for Wheat or Rye delivered at Mugg's, Beeson's, Christy's or Hess's Mills.
Martinsburg, November 16, 1804.
The subscriber has just received in addition to his former stock of Fresh Goods, a large and extensive assortment of
FALL and WINTER GOODS.
All of which will be sold on the lowest terms possible for Cash; or on a liberal credit, to such of his customers, who have, or will, pay off their former accounts.
JAMES FAULKNER.
Martinsburg, November 16, 1804.
Dr. J. P. Harris
Has just received, in addition to a very large and extensive assortment of
Drugs, Medicine, & Paints,
a considerable quantity of West-India Fruit, such as ORANGES, LEMONS and RAISONS, and Confection of almost every kind.
He has also on hand a quantity of the best PERUVIAN BARK.
He earnestly requests all who are indebted to him, to come forward and discharge their accounts. Those who fail to do so, by the 1st of January next, need expect no further indulgence.
An Overseer.
THE subscriber wishes to engage as an Overseer, a sober, active industrious man, who has been accustomed to the business, and can come properly recommended.—He has a Tenement to let of about 150 acres of the first quality of lime-stone land.
RAWLEIGH COLSTON.
November 23, 1804.
The last Notice
IS hereby given to those persons indebted to the estate of Joseph Park, deceased, that if their several accounts and obligations are not paid up by the 15th of March next, they will be put into the hands of an Attorney for collection, without respect to persons—and all those who have any demands against the estate, are requested to bring them in for payment to
WILLIAM WILSON,
Acting Administrator.
Prospect-Hill, November 30, 1804.
Public Sale.
PURSUANT to a decree of the Court of Berkeley County, the subscribers will expose to public sale, for ready money, on the 24th day of December next, being the first day of Berkeley Court, at the Court-House door in Martinsburg, a LOT of GROUND with the improvements thereon, situate in the town of Martinsburg on King street, and known in the plan of said town by Lot No. 193, late the property of George Tilley, dec'd. This property will be sold subject to the right of Dower of the Widow of said Tilley.
  William Riddle,  Commissioners.    Ephraim Gaither,    Edward Beeson,  
November 30, 1804.
Public Sale.
PURSUANT to a decree of the County Court of Berkeley, in Chancery, in the case of David Dawson versus Daniel Royer, the subscribers will on Monday the 31st day of December next, on the premises, proceed to sell at public auction to the highest bidder for ready money,
A Tract of Land,
lying in the County of Berkeley, on Sleepy Creek, containing two hundred and sixty seven acres, more or less, with all and singular its appurtenances, consisting among other things of a valuable Saw-Mill and Grist-Mill.
The sale will commence at 12 o'clock.
  Valentine Dyke,  Commissioners.    Wm. Alexander,    Phil: C: Pendleton,  
November 30, 1804.
Will be Sold,
At public vendue, on Monday the 31st December next, at the place whereon William Gorrell, dec'd, lately lived, on Opeckon Creek, about three miles from Martinsburg.
ONE Negro Woman, Horses, Cows, Sheep and Hogs, Farming Utensils of every description, and a very great variety of Household and Kitchen Furniture, Hay, Wheat, Rye, Corn and Oats and Grain in the ground, with many other articles too numerous to mention. Twelve months credit will be given, the purchaser to give bond with approved security. The sale will begin at ten o'clock, and continue from day to day until all is sold.
  Abraham Gorrell,  Executors.    Joseph Gorrell,  
November 30, 1804.
INFORMATION WANTED.
IF a certain Robert Gordon, son to a Thomas Gordon of Carnstroan, county of Antrim, Ireland, who some time ago emigrated to this country, or his legal representatives, will call on the subscriber in this town, he or they will be informed of an estate in Ireland, of one thousand pounds sterling per annum, to which he or his heirs are entitled on the death of a Mr. John Gordon, who is lately deceased.
HUGH KENNEDY.
Hager's-town, Maryland, Nov. 23.
FOR SALE
A TRACT of Land, situate in the County of Berkeley 3 miles from Martinsburg, near the main road leading from thence to Hagerstown, containing 113 acres, about 70 acres are cleared, the balance of the land well timbered, 7 Acres of excellent meadow are made. The improvements are a good barn, a convenient dwelling house and an Apple Orchard of the choicest fruit. There is a spring of excellent water near the House. This Land is fertile, and for healthiness of situation not surpassed by any in Berkeley County. Possession may be had in April next—an indisputable title will be made the purchaser, the terms, which will be advantageous, will be made known, by the subscriber living on the premises.
JOSEPH SHOUGH.
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, deceas'd, on Saturday the 15th day of January next, for cash, one Negro boy named Prince, the property of said Whiting. Due attendance will be given by Adam S. Henshaw. Washington Henshaw. Berkeley County, Nov. 9th 1804.
TAKEN up trespassing on the subscriber's plantation, a stray Boar, of a white colour, supposed to be about nine months old when taken up, has no crop or other mark—appraised to four dollars. The owner is requested to prove property pay charges and take him away. JOHN VAN METRE. Berkeley County, November 30, 1804.
JUDGE CHASE—On Friday last, in the House of Representatives of the U. States, the committee which had been appointed to consider and report upon the case of Mr. Chase, presented the following report, which was referred to a committee of the whole House, and was to have been taken up yesterday.
AURORA.
REPORT.
Articles exhibited by the house of representatives of the United States, in the name of themselves and all the people of the United States, in maintenance and support of the impeachment against him, for high crimes and misdemeanors.
ARTICLE I.
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 persons," the said Samuel Chase, on the trial of John Fries, charged with high treason, before the circuit court of the United States, held, for the district of Pennsylvania, in the city of Philadelphia, in the months of April and May, one thousand eight hundred, whereat the said Samuel Chase presided, did in his judicial capacity, conduct himself in a manner highly arbitrary, oppressive and unjust, viz.
1. In delivering an opinion, in writing, on the question of the law, on the construction of which the defence of the accused materially depended, tending to prejudice the minds of the jury against the case of the said John Fries, the prisoner, before council had been heard in his defence.
2. In restricting the council 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.
3. In debarring the prisoner from his constitutional privilege of addressing the jury (through his council) 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.
In consequence of which irregular conduct of the said Samuel Chase, as dangerous to our liberties, as it is novel to our laws and usages, the said John Fries was deprived of the right, secured to him by the 8th article amendatory of the constitution, and was condemned to death without having been heard, by counsel, in his defence, to the disgrace of the American Bench, in manifest violation of law and justice, and in open contempt of the rights of juries, on which, ultimately, rest the liberty and safety of the American people.
ARTICLE II.
That, prompted by a similar spirit of persecution and injustice, at a court of the United States held at Richmond, in the month of May, one thousand eight hundred, for the district of Virginia, whereat the said Samuel Chase presided, and before which a certain James Thomp-
son Callender was arraigned for a libel on John Adams, then president of the United States, the said Samuel Chase, with intent to oppress, and procure the conviction of the said Callender, did over-rule the objection of John Basset, one of the jury, who wished to be excused from serving on the said trial, because he had made up his mind, as to the publication from which the words, charged to be libellous, in the indictment, were extracted; and the said Basset was accordingly sworn, and did serve on the jury, by whose verdict the prisoner was subsequently convicted.
ARTICLE III.
That, with intent to oppress and procure the conviction of the prisoner, the evidence of John Taylor, a material witness on behalf of the aforesaid Callender, was not permitted by the said Samuel Chase to be given in, on pretence that the said witness could not prove the truth of the whole of one of the charges contained in the indictment, although the said charge embraced more than one fact.
ARTICLE IV.
That the conduct of the said Samuel Chase was marked during the whole course of the said trial, by manifest injustice, partiality and intemperance; viz.
1. In compelling the prisoner's counsel to reduce to writing, and submit to the inspection of the court for their admission, or rejection, all questions which the said counsel meant to propound to the above-named John Taylor, the witness.
2. In refusing to postpone the trial, although an affidavit was regularly filed, stating the absence of material witnesses on behalf of the accused; and although it was manifest, that, with the utmost diligence, the attendance of such witnesses could not have been procured, at that term.
3. In the use of unusual, rude and contemptuous expressions towards the prisoner's counsel; and in falsely insinuating that they wished to excite the public fears and indignation, and to produce that insubordination to law, to which the conduct of the judge did, at the same time, manifestly tend;
4. In repeated and vexatious interruptions of the said counsel, on the part of the said judge, which at length, induced them to abandon their cause and their client, who was thereupon convicted and condemned to fine and imprisonment.
5. In an indecent solicitude, manifested in the said Samuel Chase, for the conviction of the accused unbecoming even a public prosecutor, but highly disgraceful to the character of a judge as it was subversive of justice.
ARTICLE V.
And whereas it is provided by the act of Congress passed on the 24th day of September, 1789, intituled "An act to establish the judicial courts of the United States," that for any crime or offence, against the United States, the offender may be arrested, imprisoned, or bailed, agreeably to the usual mode of process in the state where such offence may be found; and whereas it is provided by the laws of Virginia, that, upon presentment by any grand jury of an offence not capital, the court shall order the clerk to issue the summons against the person, or persons offending, to appear and answer such presentment at the next court; yet the said Samuel Chase did, at the Court aforesaid, award a capias against the body of the said James Thompson Callender, indicted for an offence not capital, whereupon the said Callender was arrested and committed to close custody, contrary to law in that case made and provided.
ARTICLE VI.
And whereas it is provided by the 24th section of the aforesaid act, intituled "An act to establish the judicial courts of the United States," that the laws of the several states, except where the constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as the rules of decision in trials at common law, in the courts of the United States, in cases where they apply; and whereas by the laws of Virginia it is provided, that in cases not capital, the offender shall not be held to answer any presentment of a

grand jury until the court next succeeding that during which such presentment shall have been made, yet the said Samuel Chase, with intent to oppress and procure the conviction of the said James Thompson Callender, did, at the court aforesaid, rule and adjudge the said Callender during the term at which he, the said Callender, was presented and indicted, contrary to law in that case made and provided.
ARTICLE VII.
That, at a certain court of the United States, for the district of Delaware, held at New Castle, in the month of June, one thousand eight hundred, whereat the said Samuel Chase presided, the said Samuel Chase, disregarding the duties of his office, did descend from the dignity of a judge and stoop to the level of an informer, by refusing to discharge the grand jury, although entreated by several of the said jury so to do; and after the said grand jury had regularly declared, through their foreman, that they had found no bills of indictment, nor had any presentment to make, by observing to the said grand jury, that he, the said Samuel Chase understood "that a highly seditious temper had manifested itself in the state of Delaware, among a certain class of people, particularly in New Castle county, and more especially in the town of Wilmington, where lived a most seditious printer, unrestrained by any principle of virtue, and regardless of social order,—that the name of this printer was"—but checking himself, as if sensible of the indecorum he was committing, added—"that it might be assuming too much to mention the name of this person, but it becomes your duty, gentlemen, to inquire diligently into this matter," or words to that effect; and that with intention to procure the prosecution of the printer in question, the said Samuel Chase did, moreover, authoritatively enjoin on the district attorney of the United States the necessity of procuring a file of the papers to which he alluded (and which were understood to be published under the title of "Mirror of the Times and General Advertiser") and, by a strict examination of them to find some passage which might furnish the ground-work of a prosecution against the printer of the said paper: thereby degrading his high judicial functions, and tending to impair the public confidence in, and respect for, the tribunals of justice so essential to the general welfare.
ARTICLE VIII.
And whereas mutual respect and confidence between the government of the United States and those of the individual states, and between the people and those governments, respectively, are highly conducive to that public harmony, without which there can be no public happiness, yet the said Samuel Chase, disregarding the duties and dignity of his judicial character, did, at a circuit court, for the district of Maryland, held at Baltimore, in the month of May, one thousand eight hundred and three, pervert his official right and duty to address the grand jury then and there assembled, on the matters coming within the province of the said jury, for the purpose of delivering to the said grand jury an intemperate and inflammatory political harangue, with intent to excite the fears and resentment of the said grand jury, and of the good people of Maryland against their state government and constitution, a conduct highly censurable in any, but peculiarly indecent and unbecoming in a judge of the supreme court of the United States; and moreover that the said Samuel Chase, then and there, under pretence of exercising the judicial right to address the said grand jury, as aforesaid, did, in a manner highly unwarrantable, endeavour to excite the odium of the said grand jury, and of the good people of Maryland against the government of the United States, by delivering opinions, which, even if the judicial authority were competent to their expression, on a suitable occasion and in a proper manner, were at that time and as delivered by him, highly indecent, extra judicial and tending to prostitute the high judicial character with which he was invested to the low purpose of an electioneering partisan.
And the House of Representatives, by protestation, saving to themselves the liberty of exhibiting, at any time hereafter, any further articles, or other accusation, or impeachment, against the said Samuel Chase, and also of replying to his answers which he shall make unto the said articles, or any of them, and of offering proof to all and every the aforesaid articles, and to all and every other articles, impeachment, or accusation, which shall be exhibited by them, as the case shall require, do demand that the
said Samuel Chase may be put to answer the said crimes and misdemeanors, and that such proceedings, examinations, trials and judgments may be thereupon had and given, as are agreeable to law and justice.
The Secretary of the Treasury respectfully reports to the House of Representatives of the United States,
That for the service of the year 1805, the following appropriations, as detailed in the estimates herewith transmitted, appear to be necessary.
For the civil list, or the support of government, including the contingent expenses of the several departments and officers, sundry expenses incident to the assessment of the direct tax, and the civil expenses of the territory of Orleans.
$ 611,911 50
For Miscellaneous Expenses, viz.
  For the payment of grants and annuities, 1,500   For military pensions, 98,000   For the support of the mint establishment, 9,400   For the support of light houses, beacons, buoys, and public piers, and other establishments for the security of navigation, including 6 months additional supply of oil to the several light houses, 126,776 53   For defraying the expenses of surveying the public lands in the territories of Indiana and Mississippi, 40,000   For defraying the expenses of the second census, 14,163 77   For the purchase and erection of wharves & stores under the quarantine law, (The two last sums being the unexpended balances of former appropriations) 17,143 01   For satisfying miscellaneous claims, 4,000   310,982 13 
For the expenses of intercourse with Foreign Nations, viz.
  For the diplomatic department, 77,050   For the expenses incident to the intercourse with the Barbary powers, 113,500   For the payment of awards under the seventh article of the British treaty, 70,000   For aid to distressed seamen in foreign countries, 5,000   For prosecuting claims in relation to captures, 4,000   $69,550 
For the Military Establishment, viz.
  For the army, including expenses of transportations and contingent expenses, 711,122 83   For fortifications, arsenals, magazines, & armories, 133,296 88   For the Indian department, 92,600   For the pay and emoluments of the commanding officers of the five districts of upper Louisiana, 5,971 77   942,992 43 
For the Naval Establishment, viz.
  For the expenses of six frigates, two brigs, and three schooners in actual service, 743,698 64   For the crew of the frigate 'Philadelphia,' 71,340 76   For the expense of two gun boats in actual service, 22,078 93   For the repairs and expenses of the vessels in ordinary, including the half pay of the officers not in actual service, 223,967 10   For the support of the marine corps, 110,434 58   For improving navy yards, docks and wharves, 60,000   For completing the marine barracks, 3,500   1,240,000 
Total amount, $ 3,375,483 29
Amounting in the whole to three million three hundred and seventy-five thousand four hundred and thirty-five dollars and twenty-nine cents.
The funds out of which appropriations may be made for the purposes before mentioned, are,
First, The sum of six hundred thousand dollars of the proceeds of duties on imports and tonage, which will accrue in the year 1805, which sum is by law annually reserved for the support of government.
Secondly, The surplus of the proceeds of the additional duty of two and an half per cent ad valorem laid on certain descriptions of imported merchandise by the act "further to protect the commerce and seamen of the United States against the Barbary powers," which may accrue to the end of the year 1805, after satisfying the expenses already incurred on the credit of that fund.
Thirdly, The surplus of the revenue and income of the United States which may accrue to the end of the year 1805, after satisfying the objects for which appropriations have been heretofore made.
The Secretary also transmits a statement of the receipts and expenditures of the United States for the year prior to the first of October last, being the latest period to which an account can be prepared.
All which is respectfully submitted. ALBERT GALLATIN, Secretary of the Treasury. Treasury Department, November 17th, 1804.
In SENATE.
Friday, December 7.
Mr. Pickering laid on the table the following motion, which was read, and ordered to lie for consideration.
RESOLVED, by the Senate and House of Representatives of the United States of America, in Congress assembled, Two thirds of both Houses concurring, that the following article be proposed to the legislatures of the several states, as an amendment to the constitution of the United States, which, when ratified by the legislatures of three fourths of the several states, shall be valid to all intents and purposes, as a part of the said constitution.
ARTICLE.
From and after the third of March, one thousand eight hundred and nine, representatives and direct taxes shall be apportioned among the several states, which may be included within this Union, according to the numbers of their free inhabitants, respectively.
CONGRESS of the U. STATES.
HOUSE of REPRESENTATIVES.
December 10.
The Secretary of War reported against granting lieutenant Walback his claim for expenses and the loss of his horse during the time he attended General Wilkinson as a commissioner to certain Indian nations, upon the principle that there was no provision made by law for such cases.
Referred to the committee of Claims. A Message from the Senate by Mr. Oits their secretary, informing that they had passed a bill for the disposal of certain copies of the laws of the United States to which they desired the concurrence of the House.
Mr. G. W. Campbell moved to refer to the committee on post offices and post roads a resolution authorising a road to be laid out from Tennessee to New Orleans.
Mr. J. Randolph from the committee of Ways and Means brought in a bill authorising the completion of the valuation of houses, lands and slaves in South Carolina; which had been inaccurately done under the law of 1796. The bill was read twice and referred to a committee of the whole on Thursday next.
Mr. J. Clay presented a memorial from the chamber of commerce at Philadelphia, remonstrating against the bill intended to restrain merchant vessels from arming. Referred to the committee of the whole on the bill regulating the clearance of armed merchant vessels.
Mr. Lowndes presented a petition in behalf of the claimants of Georgia lands in the upper Mississippi country, praying Congress to take up the subject and decide thereupon the present session.
Referred to a committee of claims. Mr. Eustis presented a petition from Hannah Hobby, relict of the late marshal of the district of Main, praying that she may be exonerated as the administratrix of her late husband, from the payment of 6000 dollars due by him to the United States.
Referred to a committee of claims. Mr. Nicholson presented a petition from Elisha Bell, and others, praying to be allowed 3000 acres of land due to
his grand-father captain Alexander Bell, for services rendered during the French and Indian war of 1789, or a proper consideration in lieu thereof.
Referred to the committee of Claims. Mr. Findley from the committee of Elections reported in favour of John Hoge, lately elected a member of the house for the state of Pennsylvania, that he is entitled to his seat. The report was on motion of Dr. Leib made the order of the day in committee of the whole for Friday next.
Mr. Eppes from the committee appointed on that subject asked and obtained leave to report a bill to amend the charter of the town of Alexandria.
Referred to a committee of the whole on Wednesday next.
A message from the Senate informing that the Senate had entered into a resolution relative to the trial of Samuel Chase, which was delivered to the Speaker, but not read. We learn that the purport on this resolution was that the Senate had fixed the second day of January, for the appearance of Judge Chase before the Senate, having directed him to be summoned fifteen days previous thereto.
Mr. Rodney called for the order of the day on the bill for establishing a court for the adjudication of prizes in certain cases.
Mr. J. C. Smith in the chair.
After some time spent in discussing the bill, filling up the blanks and amending some of the sections, the committee rose and reported the bill with amendments. They were immediately taken up in the House, and gone through, and the House adjourned.
December 11.
Mr. Speaker laid before the House a letter enclosing sundry resolutions entered into by the inhabitants of the county of Alexandria, against a recession of that part of the district of Columbia to the state of Virginia, which, on motion of Mr. Lewis, was referred to the committee of the whole on the subject of a recession of the district, except the city of Washington, to the states of Maryland and Virginia.
The message received yesterday from the Senate was read, containing a resolution directing the secretary of the Senate to summon Samuel Chase, one of the associate judges of the supreme court of the United States, to answer the articles of impeachment, and that the return thereof be made the second of January, and that the service should be at least fifteen days before the return day.
Mr. Early observed that the law authorising the claimants of Georgia lands south of Tennessee to register the evidence of their titles under Great Britain or Spain, in the office of the Secretary of State, had expired last month, and thereupon he moved that a committee be appointed to revive the same, allowing further time for that purpose. A committee of five was appointed accordingly.
Mr. Lewis presented a petition from Francis Adams, a collector of internal duties in the district of Virginia; praying to be reimbursed 36 dollars expended in defending a suit brought against him in his official character. Referred to the committee of claims.
Mr. Seaver presented a petition from Ebenezer Brown, a sergeant in our revolutionary army, praying a compensation of half pay or a pension in consideration of the wounds he received and his consequent disability. Referred to the committee of claims.
Mr. Rodney presented the petition of Joseph Hodgson, applying for a compensation for the loss he sustained by the burning of his house, whilst occupied as the war office in this city. Referred to the committee of claims.
The order of the day on the unfinished business of yesterday being the report of the committee of the whole, on the bill establishing a court for the adjudication of prize causes in certain cases, was taken into consideration, and the last clause of the bill, on motion of Mr. Rodney, was recommitted to the select committee of seven, who reported the bill.
Adjourned.
NEW-YORK, December 1.
Volcanic Eruptions.—Recent accounts from Sicily, state that the famous Mount Etna is at present threatening to spread desolation through the circumjacent country. Previous to the 10th of August, several eruptions had occurred, which, though not productive of very serious consequences, were from their nature—the noise that attended them, and the burning matter and smoke emitted, calculated to excite alarm. During the 24 hours succeeding the 10th the vol-

was calm, but this calm was followed on the 12th, early in the morning, with a terrible explosion, and a noise as if millions of cannon had been discharged at once. When the last letters of the 18th left that island, a shower of fire was falling to the distance of 3 leagues round Etna. No earthquake had been experienced, but a subterraneous sound, like thunder, was heard all over Sicily, particularly at and near Messina. Vesuvius, too, in Italy, has of late been in a convulsed state. Great quantities of lava have been emitted, the progress of which has been marked with ruin, and has struck alarm into the inhabitants of the adjacent country. Most of the towns & villages in the vicinity of the mountain have been abandoned, the people carrying with them their most valuable effects, and concluding that some awful explosion will ere long render the beautiful country round the base of Vesuvius a scene of barren desolation.
A letter received in Cadiz, from Gibraltar, two days before the Enterprise sailed, mentions that a hundred and ten persons had died at that place the day before of the prevailing fever, and that it was equally bad at Alicante and Algeciras. At Malaga about one hundred died daily, and one thousand seven hundred lay sick.
Norfolk, December 9.
LATEST FROM EUROPE.
By the fast sailing ship Thomas Wilson, Tomkins, arrived in this port, from London.
LONDON, October 18.
Advices were received this day, stating, that on the 5th instant, a squadron of his Majesty's frigates, consisting of the Indefatigable, the Medusa, the Amphion, and the Lively, fell in with four frigates, off St. Mary's from Rio de la Plata, bound for Cadiz, and loaded with treasure. As they resisted the orders which the frigates were under, for detaining all Spanish ships of war, till a satisfactory explanation had been given in regard to the present armaments in the ports of Spain, an engagement took place, in which after a few broadsides, one of the Spanish frigates blew up, another with a rear-admiral's flag struck. Immediately after, the third also struck; and the fourth, in endeavouring to make her escape, was overtaken by the Lively, and, after a short action, struck to her. She proved to be the Fama, of 34 guns and 300 men, 13 killed and 30 wounded. She is commanded by a commodore.
The Lively arrived yesterday evening at Portsmouth, with La Fama; the other two, La Medea and La Clara, are hourly expected. The treasure on board is estimated at 20,000,000 of dollars.
Captain Moore, of the Indefatigable, was the commanding officer on this occasion.
The whole of the crew in the Spanish frigate that was blown up, amounting to about 300 men, were sorry to say, perished.
The affairs of Spain, with regard to this country, must soon take a decided turn. What the exasperated Emperor may now determine on, is difficult to say, but he has certainly experienced a woeful disappointment in losing the treasure which he has so long been expecting, and after the receipt of which he would in all probability have plunged the unfortunate country into all the miseries of war. Notice of this important event was put at Lloyd's.
DEAL, October 4.
Several ships of war from the Bologne station have just arrived in the Downs, and by them we are happy to learn that the expedition against the French gun boats has completely succeeded. There were about 200 outside of Bologne. The night was very dark, and every thing favorable. A new invented machine, floating under water, conducted by a small boat on the surface; the machines containing 4 tons of stones and several barrels of gun powder was carried one to one end of the French squadron, and the other to the other. These machines exploded after a given time, threw up the stones, destroyed many of the French boats, and threw the rest into confusion. Some fire ships were then sent among them. The land batteries, &c. &c. fired briskly but without effect, as the night was dark. The French sent out boats full of men, but a dreadful havoc was made among them all. It is said that upwards of 150 of the enemy's vessels were destroyed, and that none of our men were killed, and a few only wounded.
destroyed, and that none of our men were killed, and a few only wounded.
NEW-ORLEANS, November 6.
On Monday last the Court was opened by the Hon. J. B. Prevost, with an elegant, but brief charge to the Grand Jury. We regret our inability to procure a copy for the perusal of our readers. Among other Rules of Court, it is determined that all actions shall be brought by petition and that its pleadings, shall be in French and English.
CHARLESTON, Nov. 23.
Gun-boat No. 2, commanded by captain Murdoch, arrived this morning from Hampton Roads. This boat appears to be totally different in her construction, from No. 1; and, as far as we are capable of forming an opinion, is a complete vessel, and well calculated to answer the purpose for which she was built. She is seventy-five feet on deck and eighteen feet wide; ketch rigged; mounts a 32 pounder in her bow, and two swivels aft, and has on board forty-three men. She is said to sail remarkably well and has been proven to be a good sea-boat.
MARTINSBURG, December 21.
We have been favoured with the following extracts of letters, received from respectable sources, relating the appearance of a New Prophet in the kingdom of Algiers.
[Nat. Int.]
Algiers, June 27.
This day the Dey of Algiers sent out 2 schooners and 2 gun boats, to search for a Moor, who styles himself a Marabont, or Holy man, who has collected a number of persons about Bona, to join him, and has taken fifty-four Frenchmen, who were fishing for coral near Calle, and carried them into captivity. He is declared a rebel by the Dey, and the French commissary general here has made a strong remonstrance, and demanded the men of the Dey.
Algiers, July 16.
A report prevails that the Marabont, who had taken the Frenchmen at Constantine had compelled them to become Mahomedans, and that he had attacked the city of Constantine with 30,000 Carabes; but had been repulsed with great loss; and that the Dey had sent in cash 10,000 Marboors to Constantine, and a promise to relieve the country from taxes for four years.
Tunis, August 7.
The new Prophet has occasioned much disorder in different parts of Algiers; he made but a short stay at Constantine; but perfectly stripped that place; taking with him arms, ammunition, clothing, horses and a vast number of cattle; retiring again to the mountains. I learn that his army at this moment consists of one hundred and eighty thousand men, and is daily increasing; all communication between this and Algiers is stopped.
Letters from the Havannah, received at Salem, advise that a proclamation is issued by the government, whereby horses will not be a passport for the admission of American vessels after the 8th of December, and that those only that have slaves on board will be admitted.
The Experiment, from New-York, for Jamaica, has been plundered at sea. Similar instances are notoriously numerous. What would a farmer say, if he could not send a waggon of provisions to market, without having it plundered on the road. Merchants have many perplexities in their business; they have to write, read or sign reams of paper, in arranging or settling a voyage; they are exposed to innumerable hazards; are often robbed, and yet when their enterprizes and industry meets with a trifling reward, they are frequently envied.
[U. S. Gaz.]
We discharge a mournful duty in laying before our readers the following statement of deaths in Malaga in this year, up to the 17th September last, communicated in a letter received from Cadiz:—Nat. Int.
12,843 of both sexes, 1,300 soldiers, 300 guards, 17 physicians, 42 clergy of the cathedral, 72 private clergy, 82 religious persons, 76 monks.
The following number of troops are now said to be encamped on the conti-
nent of Europe. In France 306,000 men; in Italy 83,000 men; in Holland 56,000 men; in Hanover 38,000 men; in Switzerland 12,000 men; in Austria & Bohemia 180,000 men; in Prussia & Silesia 210,000 men; in Bavaria 40,000 men; in Denmark and Holstein 16,000 men; in Sweden 18,000 men; in Russia 120,000 men; in Servia 30,000 men; in Turkey 60,000 men; and what is most surprising, thanks to the moderation and firmness of Napoleon the first! the continent continues in perfect peace. [Paris pap.]
A gentleman, who lately arrived here from L'eghorn informs us, that the action of destroying the frigate Philadelphia in the harbour of Tripoli, was considered, in all the ports of the Mediterranean, as a Coup d'éclat, surpassing, in the boldness of the attempt, and the successful execution of the enterprize, almost any naval transaction, that has occurred for many years.—Boston Centinel.
A striking occurrence.—Last Saturday morning (says the New-York Evening Post) a Mr. W——, of that city, arose before his wife, and had breakfast prepared, and even the tea poured out ready for drinking against she came down. Just as they were seated, a rap called him to the door. While he was there, happening to taste her tea, she found it too sweet for her, and therefore exchanged her cup for his, he being in the habit of drinking his tea sweeter than she was. He returned, swallowed the contents of his cup somewhat hastily, when looking earnestly at the sediment, he turned to her with a face of horror, and asked if she had changed the cup? Being answered in the affirmative, then I am gone, said he, and died in less than two hours.
BUONAPARTE-ANA.
[Communicated by a Russian gentleman, just escaped from Paris.]
On the Revolution of the 18th Brumaire, Sieyes, and Barrere advised Buonaparte (as the only means of quieting the country) to recall Louis the 18th; to which he seemingly assented, and told them they might write a letter in consequence; having done this they presented a letter to him, which he putting in his pocket, said, now take care of yourselves for I can have you guillotined whenever I think proper.
This gentleman walking along the banks of the Seine, observed a crowd, and curious to know what was the matter saw a number of persons playing with walnut shells in the water; and one of them being asked, said, we are only exercising our flutilla; for which joke he was immediately seized and clapped in prison.
The same was done in this gentleman's presence, as he was traveling in the diligence, to a poor man whom they picked up, who, being asked by the coachman if he would go inside, said, no, Je veux voyager Imperialement. I will travel in an imperial manner.
BALLAD.
While women, like soft music's charms So sweetly bliss dispenses, Some favorite part each fair performs, In the concert of the senses. Love, great first fiddle in the band, Each passion quells and raises, Exploring, with a master's hand, Nice Modulation's mazes; Till the rapt soul, supremely blest, Beams brightly in each feature, And Lovely Woman stands confest, The harmony of nature.
Hark! with the pensive, in duet, The sprightly horn it mingles! The Prude's the flute, and the Coquet The lively harp that tingles! One boldly sweeps the yielding strings, While plaintive to her prates it; Like Cæsar, this to victory springs, Like Fabius that awaits it. With various gifts to make us blest, Love skills each charming creature; Thus, Lovely Woman stands confest The harmony of nature.
Maids are of virginals the type, Widows the growling tymbal, Scolds are the shrill and piercing pipe, Flirts are the wiry cymbal. All wives piano fortes are, The base how old maids thump it The bugle horn are archers fair, An amazon's a trumpet. Thus, with rare gifts to make us blest, Love skills his favourite creature, And thus sweet woman stands confest The harmony of nature.
To a certain GREAT man, who has questioned certain REVEALED truths.
Thou talk'st of Reason's unassisted eye; Lift then thy darling Reason to the sky— Paint, if thou wilt, the unincumber'd mind,
Vast in its pow'rs and in its views refin'd; To truth aspiring on the wings of day, And spanning systems with a goodlike sway—
The portrait you have form'd, you dread to own,
And guilt's deep blushes o'er its shades are thrown:
For has th' Almighty thus inform'd the race, His truth to question, and his laws de- fence?
Bestow'd a mind, the Eternal's mind to blame,
And reason's deathless force, His rea- son to defame?
As well might Jove's imperial bird defy The Pow'r that made him soar, because he soars so high.
English Education.
IT appearing to be the wish of my neighbours, and former patrons, that my Academy at this place should not be discontinued, as I had intended after the present year, at least for a season, I have determined to pursue the business of instruction again the ensuing year; and hereby give notice, that the School will be opened on the first day of February next, for the reception of boarders, and a few day scholars. And I request all persons who wish to send their children, particularly those who intend to board them, to enter them on that day, and will thank them also, to inform me of their intention, as early from this date, as possible, that I may be able to form a judgment of what provision it will be necessary to make. Board, the same as formerly, and likewise Tuition, except some branches of Needle work, and Painting, should they be required to be taught.
CHRISTOPHER COLLINS.
Mount Zoar, Jefferson County, Dec. 21, 1804.
E. Masquam,
CABINET MAKER,
RETURNS his sincere thanks to the public for the great encouragement he has met with since he commenced business in Shepherd's-Town; and as he intends continuing his business in said town, in a frame house nearly opposite to Mr. John Baker's, has provided himself with a sufficient stock of Mahogany, Walnut, &c. He begs leave to assure those who may favour him with their custom, that nothing on his part shall be wanting to merit their approbation. Having acquired his profession in Europe, and carried on business in Baltimore for a considerable time, he flatters himself that he will be able to give general satisfaction: He manufactures in the neatest manner, and on the newest and most approved plans, all kinds of Cabinet work, such as Secretaries, Bureaus, Bedsteads, Sophs, Easy Chairs, Heart-back, ditto, &c. all kinds of Window and Bed Cornice, and all kinds of Carving, Plating and Pret-work; also, Electrifying Machine, suitable for Physicians or private families.
Shepherd's-Town, Dec. 21, 1804.
A Tan-Yard
TO be rented for a term of years, situate on Apple-pye Ridge, in Frederick County, belonging to the estate of Samuel Sidwell, deceased. The Vats in good repair—a Bark-mill house, Currying Shop, and other conveniences—also, a quantity of good Bark, at the yard, will be sold to the lessee. Fifteen or twenty acres of Land, to be let with the yard, and immediate possession given. None need apply but such as can come well recommended for workmanship, morality and honesty, and who can give good security for performance of covenants. Terms may be known by applying to the subscribers living near the premises.
N. WHITE, SARAH SIDWELL, Guardians for the Orphan.
21st—12th Month, 1804.

To be Sold,
ON a credit of four years (by paying a small part of the purchase money in hand) or exchanged for MERCHANDIZE, that VALUABLE PROPERTY where the subscriber formerly lived, situate on Tuscarora creek, in the town of Martinsburg. It consists of a Lot of Ground on the corner of John and Water streets, on which is erected a large and commodious Brick House, 40 by 30 feet, two stories high, neatly finished; a Stone Stable; a Brick Smoke House, and an excellent Garden—there is also erected on this property a TAN YARD, well situated, with all necessary buildings, and water convenient.
I would also rent, for ten years, The Property on which I reside. A description of it is thought unnecessary, as it is presumed no person would wish to contract without first viewing the premises. I would also (if the renter would prefer it) sell him my stock of Leather, Hides, Tools and Bark.
I must, for the last time, Request those indebted to me, to make speedy payment.
I want to purchase Pork, Hay and Corn.
I have for sale, for cash or good paper, a large Horse, fit for saddle or draft; and have three Places on Back Creek, I would exchange for property in town; also, Kentucky Lands, for Lands in this County.
JOHN O'FERRALL. Martinsburg, Dec. 14, 1804.
The subscriber has just received, and always intends keeping for sale, a number of Silver
WATCHES,
of various kinds and prices.
REES BRANSON. Martinsburg, 14th 12th month, 1804.
THE Subscriber returns his most grateful acknowledgments to his friends and the public for the encouragement he has experienced, and respectfully informs them that he has just received, and will constantly keep for sale at his Blacksmiths shop in the main street Martinsburg opposite to the Indian Chief Tavern, a very large and complete assortment of
BAR-IRON,
of the best quality, selected with care by himself from the Iron Works, and which he will dispose of on the most reduced terms. He continues as usual to carry on the Blacksmith's business in all its various branches, and flatters himself, that if good materials, manufactured in the most serviceable manner, together with the strictest attention to business, can secure the public favour, he shall not go unrewarded.
JOSEPH CHAMBERS. Martinsburg, December 14, 1804.
LANDS FOR SALE.
THE subscriber wishes to sell the Plantation whereon he now lives, situate on Back Creek, Berkeley County, 7 miles from Martinsburg and 15 from Bath containing 333 acres of good strong Limestone Land, well watered, with at least 150 acres are cleared and well enclosed, 8 acres of Meadow are mule, 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, Milling 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, situate 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.
PRINTING,
In all its variety, executed at this Office with correctness and expedition.
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.
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 NADEBOUSCH. Martinsburg, December 7, 1804.
Lewis & Robert Willis, Have received at their Store, fronting the Court and Market Houses, a Fresh supply of Seasonable
Winter Goods,
Which added to their former stock, makes their assortment complete. They have also on hand a general supply of
Groceries and Liquors, of the best quality—also, Country FLAX and Twilled BAGS, all of which they offer for sale on the most reasonable terms for CASH or COUNTRY PRODUCE.
For the encouragement already received they solicit their friends and customers to accept of their sincere thanks, and hope, by a continuation of strict attention to business, with a disposition to accommodate generally, to merit the patronage of a generous public. Martinsburg, December 7, 1804.
Fresh Fall Goods.
The subscriber respectfully acquaints his friends and the public that he has just received and is now opening a very general assortment of
FALL and WINTER GOODS,
which he will dispose of on reasonable terms.
JEREMIAH EVANS. Martinsburg, November 9, 1804. Being extremely anxious to settle his accounts, he earnestly requests all those who stand indebted to him, to come forward immediately and discharge their respective dues. J. EVANS.
Tabb & Patterson,
Cabinet-Makers,
MOST respectfully inform their friends, and the public in general, that they have commenced the Cabinet business in Martinsburg, in that large stone-house, opposite Mr. Alburstis' Printing-office, where they will dispose of the most fashionable, neatest and best kind of furniture at a low rate for cash or country produce. They have a quantity of very wide plank, of the best quality which will enable them to make the neatest kind of furniture, and the most durable, with quick dispatch. Decem. 7th, 1804.
Garret Hammerline, JOINER & UNDERTAKER.
BEGS leave to inform the Citizens of Martinsburg and its vicinity, that he intends to carry on the above branches of business at his shop in the town of Martinsburg, and he hopes from the superiority of his workmanship, and the moderation of his charges, (being determined to furnish his customers on the lowest terms possible) to merit the patronage of the public.
N. B. He will shortly be provided with a Hearse, fitted up in a complete manner, and every thing in his province respecting funerals, will be managed with care and expedition.
Fresh Goods.
The subscribers are now opening an additional supply of Fresh Goods, which added to their former stock, makes their assortment very complete.
Nice New Fancy Goods,
together with every other article suitable to the present season. They continue to keep Seal and Upper LEATHER, CALF-SKINS and BOOT-LEGS, BAR-IRON of the best quality, Crowley and Blistered STEEL, Sheet-Iron and CASTINGS, PAINTS and MEDICINES, Home-made Twilled BAGS, ditto Linnen and Flax—All which they offer for sale on the most pleasing terms to purchasers at a distance as well as those immediately in this neighbourhood.
They will receive Wheat, Rye, Corn, Oats and Flax-Seed, in barter for Goods, or in payment of debts. JAMES & JOHN LANE. Shepherd's-Town, December 7, 1804.
Doctor F. Albright,
From Germany,
RESPECTFULLY informs the inhabitants of Berkeley County, that he has removed to Martinsburg, where he intends to pursue the practice of PHYSIC, SURGERY, &c.
He has followed the profession for upwards of seven years in different parts of the state of Pennsylvania, and, previous to his coming to the United States, in Germany, and has such testimonials of his skill as, he thinks, will be a sufficient recommendation to such as may stand in need of his attendance. He has rented a part of the house in which Mrs. Bready now lives, at the sign of the Indian Chief, in the Main Street, Martinsburg, where he may be consulted at any time.
December 7, 1804.
To be Rented,
That eligible stand for a Tavern, in which the subscriber now lives, situate in the town of Martinsburg, cornering on King and Queen streets and next the Market-House.—This property consists of a very large and convenient House, with a great number of lodging and other rooms, and good dry cellars under it—a good Kitchen, a Stable large enough to hold fifty horses, a Granary, and an excellent Shed and other necessary buildings—one Lot of Ground well enclosed, and a Garden equal to any in Martinsburg. This property has been occupied as a place of public entertainment for more than twenty years, and is as well calculated for a Tavern as any other stand in the County. As the subscriber is determined to leave Martinsburg, he will let the above property to a person who would be likely to keep a good house, on very advantageous terms.—Possession may be had the 1st of March next.
ABRAHAM GORRELL. November 30, 1804.
ALL persons indebted to the subscriber, by bond, note, or book account, are requested to come in by the 1st of March next, and discharge what may be due.—As he is positively determined to close all his accounts by that time, no person need look for any longer indulgence.
ABRAHAM GORRELL. November 30, 1804.
A GREAT BARGAIN.
THE subscriber will sell low the HOUSE in which he now lives at the East end of the Court-House, fronting on the Public-Square and Queen-Street, and but a few poles from the Market-House; the building is almost new, made of frame weather-boarded, and painted white, a capacious and convenient Store-room laid off on the public corner, there are two other rooms on the lower floor, and three on the second, with convenient back buildings; the stand for a store is equal, and perhaps more pleasantly situated, than any other in this place.
JAMES ANDERSON. Martinsburg, October 26, 1804.
NEW BOOKS.
J. ALBURTIS, has just received from the City of Philadelphia, an additional supply of
BOOKS and STATIONARY,
warranted at the Philadelphia and Baltimore retail prices;
Consisting in part of:
War's French Revolution, Washington's Letters, Biographical Charts, Mason's Universal History, Common Prayer Books, bound in Morocco and elegantly gilt, Gifford's Juvenal, Bloomfield's Farmer's Boy, Poems, Some New Novels, a number of New Plays, &c. &c.
A great variety of CHAP BOOKS. Common Writing, thick Post, and Letter Paper,
Wafers and Sealing Wax, Red and Black Ink-Powder. Ink-Sand, Quills, &c. &c. &c.
He has also on hand,
A Brief Retrospect of the eighteenth century, in two elegant octavo volumes, containing a sketch of the Revolutions and improvements in Science, Arts, and Literature, during that period.
Public Characters containing memoirs of Charles J. Fox, William Pitt, Dr. Erasmus Darwin, Henry Dundas, Dr. John Wolcott, William Herschel, Marquis Cornwallis, Joseph Priestly, Mr. D'Israeli, Lord Nelson, Gilbert Wakefield, Earl St. Vincent, Robert Southey, Wm. Godwin, William Cowper, Warren Hastings, Sir Ralph Abercrombie, Dr. James Gregory, Dr. William Mayor, Lord Grenville, Duke of Bridge Water, Thomas Jefferson, Bushrod Washington, Edmund Randolph, Dr. Hugh Blair, Sir Joseph Banks, Henry Addington, John Horn Tooke, General Bowles, Count Rumford, Dr. James Beattie, Dr. Samuel L. Mitchell, Dr. Jenner, General Ira Allen, Earl Stanhope, Mr. Curran, &c.
Letters of Junius, Massillon's Sermons.
Antient and Modern Europe.
Tucker's Blackstone.
Literary Magazine, Nos. 1 2 3 and 4.
Wilson's Egypt.
Domestic Encyclopaedia, in 5 volumes.
Select British Classics, in 38 volumes, with 76 elegant engravings.
Wortman's Political Enquiry, and the Liberty of the Press.
The History of the British Empire, from the year 1765 to the end of 1783, containing an Impartial History of the Origin, Progress and Termination of the American Revolution, in two large octavo volumes, with elegant likenesses of Washington and Franklin.
An Essay on the causes of the variety of Complexion and Figure in the Human Species.
Addison's Evidences of the Christian Religion.
Debates on the Louisiana Treaty.
D'Israeli's Poems.
Ten Volumes of "Select Novels."
Spectator, Don Quixote, Abbess,
Nocturnal Visit, Jane Talbot, Emmeline,
Don Raphael, Maid of Bristol,
Chains of the heart, Review, House to be sold, and Mrs. Wiggins.
Bibles, Testaments, Baltimore collection of Hymns, for the use of the Methodist Church, Dilworth's and Webster's Spelling Books, Gunter's Scales,
Cases of Mathematical Instruments—Large and Small hand Copies for the use of Schools, Workman's Arithmetic, adapted to the commerce of the United States, Young Man's Companion.
Art of Speaking.
American Preceptor.
Esop's Fables.
Martinsburg, August 17, 1804.
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.