Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1804-01-06 00:00:00

Berkeley and Jefferson Intelligencer.
[No. 41 of Volume V.]
FRIDAY, January 6, 1803.
[Whole No. 249.]
LAST NOTICE.
THE subscriber for the last time earnestly requests all persons indebted to the estate of Mrs. Susannah Wolgang , dec. to come forward immediately and discharge their respective accounts:—All who fail to comply with this notice, may depend that the most speedy and effectual method will be resorted to in order to enforce payment.—Those who have claims against said Estate, are requested to exhibit them properly attested, as it is positively determined that a final settlement of the Estate shall take place immediately.
WILLIAM MACKAY, sen. Adm. Martinsburg, December 30, 1803.
Farmers and Merchants, Take Notice,
THAT the subscriber has got Ta- bler's MILL on Opequon, (be- tween three and four miles from Mar- tinsburg) in complete order for the re- ception and manufacture of Grain; and that for every hundred bushels of clean merchantable Wheat, weighing 60 pound per bushel, brought to said Mill, he will deliver 20 barrels of Superfine Flour, and will be responsible for the inspection in any market in the United States.
He will give the highest price in Cash, for Wheat, Rye and Corn.
LEONARD CROW.
December 30, 1803. 6m.
THE subscriber, some time in Sep- tember 1802, gave his note of hand to a certain John Rail, late of Berkeley County, for the payment of £40 14 8 Pennsylvania currency, which said note I have overpaid, this is therefore to cau- tion the public from taking an assignment thereon, as I am determined not to pay it unless compelled by law.
AARON FARIS.
Berkeley County, December 30, 1803.
THE subscriber, having determined to quit the house he at present oc- cupies as a Tavern, and to relinquish to relinquish that business early the ensuing Spring, solicits every person indebted to him, in any respect whatever, to call immediate- ly and settle up their accounts, either by discharging them with cash, or by giving obligations for their payment in a short time, as he earnestly wishes to settle his affairs as soon as possible.
As another inducement, he would just beg leave to remark, that there are some just claims against him, he is de- termined speedily to discharge, and that he shall also have to pay the account of T. Smith (just or unjust) that lately made such a handsome figure in the pub- lic prints.
JOHN ROBINSON.
Martinsburg, December 30, 1803.
NOTICE.
THE subscriber some time ago gave his Note of hand to James Blue, for a small sum of money, which Note has been due some time, the person in whose hands the said Note is lodged, may receive payment by applying to
JOHN HILL.
Martinsburg, December 16, 1803.
N. B. I will not pay any interest after this date.
At a Court continued and held for Berke- ley County, the 25th day of November, 1803.
BETWEEN
Philip Stout, Complainant, AND George Hoffman, Defendant. In CHANCERY.
THIS day came the Complainant by his Counsel, and appearing to the Court that the Defendant, George Hoff- man, is not an inhabitant of this Com- monwealth, it is ordered that the De- fendant do appear here on the Monday after the third Tuesday in February next, to answer the Complainant's bill, and that a copy of this order be forth- with published for two months succes- sively in the Berkeley and Jefferson In- telligencer , and also be posted up for two months successively at the door of the Court House of this County.
A Copy.
Attest,
HENRY BEDINGER, C.S.C.
THE subscriber respectfully informs his customers and the public gene- rally, that he still continues to practice PHYSIC, SURGERY, MIDWIFRY, &c. and asserts, that from his long, attentive and extensive practice in the above arts, that he is thereby enabled to execute with accuracy any operation thereof that he may be required to per- form; and farther asserts, that where nature is sufficient to co-operate with art, that it shall not be from inattention in him, or misapplication in his Medical services, that will in any way prevent a speedy restoration in those who may be under the necessity of applying for relief, and may please to favour Their most obedient and Humble Servant, JACOB P. HARRIS.
He has just received a Fresh supply of
MEDICINES
AND
PAINTS,
ALSO,
A few East and West-India
FRUITS.
(which he will sell low for Cash) such as ORANGES, ALMONDS, FIGGS, RAISONS, Bloom and Common, French PRUNES, &c. &c.
THOSE indebted to him by accounts of long standing, are earnestly requested to come and discharge their respective dues, as it is inconvenient for him to in- dulge any longer, he therefore hopes there will be a compliance with this re- quest, otherwise he will be under the disagreeable necessity of having recourse to such means as will be expedient and sure in obtaining payment.
J. P. HARRIS.
Martinsburg, December 23, 1803.
FOR SALE,
A SMALL tract or parcel of LAND, situate in Berkeley County, con- taining about forty acres, whereon the Poor-House stands, adjoining the land whereon Joseph Minginna now lives, and about half a mile from the Sulphur Spring. A proportionable part of said land is cleared and under tolerable good fence, and more may be cleared, some Meadow made and more may be made, the Buildings are one Dwelling House, wherein the manager lives, the Poor- House (a large building) a Meet House and Spring House (all built with hewed logs) a Stable and Oven, a farther de- scription is thought unnecessary, it be- ing presumed no person will become a purchaser, without previously viewing the property; Cornelius Kelly, man- ager at the Poor-House will shew the land. The terms of sale may be known by ap- plying to said Kelly, or to either of the subscribers,
JOEL WARD, JOSEPH FOREMAN, EDWARD BEESON, Commissioners.
December 16, 1803.
NEW PUBLICATIONS.
JUST PUBLISHED, And for sale at J. Alburtis's Printing Office,
HISTORY OF THE BRITISH EXPEDITION
TO EGYPT;
TO WHICH IS SUBJOINED, A sketch of the present state of that coun- try, and its means of defence.
ILLUSTRATED
WITH MAPS, AND A PORTRAIT
OF
SIR RALPH ABERCROMBY.
By ROBERT WILSON, Lieutenant Colonel of Cavalry in his Britanic Majesty's service, and Knight of the Imperial Military Order of Maria Theresa.
BLACKSTONE'S COMMENTARIES on the LAWS OF ENGLAND: A new and elegant edition, in five vols. octavo—equal, if not superior, to the British, and to Americans infinitely more valuable, as it contains NOTES OF REFERENCE
TO The Constitution and Laws OF The Federal Government of the U. States,
AND OF The Commonwealth of Virginia: With an Appendix to each volume, con- taining short tracts upon such subjects as appeared necessary to form a con- nected view of the laws of Virginia, as a member of the Federal Union.
By Sr. GEO: TUCKER, Professor of Law in the University of William and Mary, and one of the Jud- ges of the General Court of Virginia.
Subscribers to this Work, resid- ing in Berkeley & Jefferson, are re- quested to apply at the Printing Office Martinsburg for their Books.
A REFUTATION OF THE CHARGES MADE BY A WRITER OVER THE SIGNA- TURE OF "VERITAS,"
AGAINST THE CHARACTER OF Gabriel Jones, of Virginia.
The lately acknowledged author being the Hon. PHILIP GRYMES, member of the Council of State.
EIGHTEEN VOLUMES OF THE "SELECT BRITISH CLASSICS," with 36 elegant Engravings, are also just received, and now ready for delivery to subscribers The other Vols. of this very valuable work, will soon be completed.
A General Assortment of HUGHES' BAR-IRON, For sale at the Subscribers, WARRANTED TO BE GOOD, Price six dollars a hundred, gross weight.
Those who may wish to purchase this article, either by the large or small par- cel, will be able to supply themselves on as good terms as if they went to the Iron- Works.
P. NADENBOUSCH, & Co. Martinsburg, August 12, 1803.
The Subscribers have just received a general assortment of
CASTINGS,
of the best quality.
THOMAS SMITH, & Co.
November 25, 1803.
SENATE OF THE U. STATES.
November 3.
DEBATE ON THE LOUISIANA TREATY.
"An act authorising the creation of a stock, to the amount of eleven millions two hundred and fifty thousand dollars, for the purpose of carrying into effect the Convention of the thirteenth of A- pril, 1803, between the United States of America and the French Republic, and making provision for the payment of the same," under consideration.
[Mr. Jackson's speech concluded.]
Mr. President, the honorable gentle- man appears to be extremely apprehen- sive of vesting the powers delegated by the bill now on its passage in the Presi- dent, and wishes to retain it in the legis- lature:—Is this a legislative or an execu- tive business? assuredly in my mind of the latter nature. The President gave instructions for and with our consent ra- tified the treaty:—We have given him the power to take possession, which his of- ficers perhaps are at this moment doing and surely as the ostensible party, the representative of the sovereignty, to whom France will alone look—he ought to possess the power of fulfilling our part of the contract—Gentlemen indeed have
doubted on a former occasion the pro- priety of giving the President the power of taking possession and organizing a temporary government which every in- ferior officer in case of conquest or ces- sion from the general if commanding, has a right to do; but I little expected those doubts after we had gone so far— For my part, sir, I have none of those fears. I believe the president will be as cautious as ourselves, and the bill is as carefully worded as possible: for the money is not to be paid until after Louisiana shall be placed in our possess- ion.
Sir, it has been observed by a gentle- man in debate (Mr. White,) that Louisiana should become a griev- ance to us, and that we might as well attempt to prevent fish from swimming in the water, as to prevent our citizens from going across the Mississippi. The honorable gentleman is not so well ac- quainted with frontier citizens as I am. I see an honorable gentleman in my view who knows whether or not what I am go- ing to assert be the fact—He was part of the time high in office (Mr. Pickering.) The citizens of the state I represent, scattered along an Indian frontier of from three to four hundred miles, have been restrained, except in one solita- ry instance, by two or three companies of infantry and a handful of dragoons, from crossing over artificial lines, and water courses, sometimes dry, into the Indian country; after their own cattle— which no human prudence could prevent from crossing to a fine and more luxuriant range, and it is too at a time, when the feelings of Georgians were alive to the injuries they had received by the New York treaty, with the Creek Indi- ans—which took Palassee country from them, after even three commissioners appointed by the United States had re- ported to the President, that it was bona fide the property of Georgia and sold un- der as fair a contract as could be formed by a civilized, with an uncivilized so- ciety. If the Georgians under these cir- cumstances were restrained from going on their ground, cannot means be de- vised to prevent citizens from crossing into Louisiana? The frontier people are not the people they are represented— they will listen to reason and respect the laws of the country—It cannot be their wish, it is not their interest to go to Lou- isiana, or see it settled for years to come —The settlement of it at present would part father and son, brother and brother, and friend and friend, and lessen the va- lue of their lands beyond all calculation.
If Spain acts an amicable part I have no doubt myself but the southern tribes of Indians can be persuaded to go there; it will be advantageous to themselves— they are now hemmed in on every side— their chance of game is decreasing dai- ly—ploughs and looms, whatever may be said, have no charms for them—they want a wider field for the chase, and Lou- isiana presents itself—Spain may in such case discard her fears for her Mexican dominions, for half a century at least and we should fill up the space, the In- dians removed from, with settlers from Europe, and thus preserve the density of population within the original state.— For, sir, I will here agree with the hon- orable gentleman (Mr. White) that it will be as impossible to prevent fish in the water from swimming as to prevent the distressed of every country from fly- ing to this asylum of the oppressed of the human race—They will come from the ambitious and distracted states of Eu- rope to our mild and happy government, if they commit themselves to the mercy of the ocean or on a few planks nailed to- gether. In a century sir, we shall be well populated and prepared to extend our settlements, and that world of itself will present itself to our approaches, and instead of the description given of it by the honorable gentleman, of making it a howling wilderness where no civilized foot shall ever tread, if we could return at the proper period, we should find it the seat of science and civilization.
Mr. President, in whatever shape I view this bill, I conceive it all important that it should pass without a moment's delay. We have a bargain now in our power, which, once missed, we never shall have again. Let us close out part of the contract by the passage of this bill, let us leave no opportunity for any pow-

er to charge us with a want of good faith; and having executed our stipulations in good faith, we can appeal to God for the justice of our cause, and I trust that, confiding in that justice, there is virtue, patriotism, and courage sufficient in the American nation, not only to take possession of Louisiana, but to keep that possession against the encroachments or attacks of any power on earth.
Mr. Wright—Mr. President, I presumed from the observations of the honorable gentleman from Delaware (Mr. Wells) that he had not minutely attended to the provisions of this bill, on which the transfer of this stock is made expressly to depend. The treaty has in the most guarded manner secured us in the possession of the ceded territory, as a condition precedent the payment of the purchase money, and this bill has expressly provided that no part of the stock shall be transferred till the possession stipulated by the treaty shall have been obtained. Not such a possession as the gentleman has said the President may be satisfied with—"the delivery of a twig and turf, or the knock of a door." The treaty has defined the possession intended, it is the possession of Louisiana, the island and City of New Orleans, with the forts and arsenals, the troops having been withdrawn from thence. But, Sir, from his remarks it would seem that his objections to this bill had been predicated in his want of confidence in the Executive, as he has expressed his fears that the stock would be transferred, before the pre-requisite conditions had been performed. He says, we ought to be satisfied that the possession stipulated by the treaty shall have been delivered up before we pass this bill. Has he forgot that by the constitution the president is to superintend the execution of the laws? Or has he forgot that treaties are the supreme law of the land? Or why, while he professes to respect this constitution, does he oppose the commission of the execution of this law, to that organ of the government to which it has been assigned by the constitution. Why, I ask, does he distrust the president? Has he not been throughout the whole of this business very much alive to the peaceful acquisition of this immense territory, and the invaluable waters of the Mississippi? A property, which, but the other day, we were told was all important, and so necessary to our political existence, and if it was not obtained, the Western people would sever themselves from the union. This property, for which countless millions were then proposed to be expended, and the best blood of our citizens to be shed, and which then was to be had at all hazard, per fas aut per nefas , seems now to have lost its worth, and would seem as if some gentlemen could not be satisfied with the purchase, because our title was not recorded in the blood of its inhabitants; but that is not the wish of the American people, it has been unequivocally declared by their immediate representatives in congress, as well as by this house, who had each expressed their approbation of the peaceful title we had acquired, by majorities I thought not to be misunderstood—and the gentleman, although he voted the ratification of the treaty, now again calls on us to investigate the title, it is certainly too late. But I ask, if he was not possessed of the most satisfactory evidence of the title, why he consented to the ratification of the treaty? Does he not know that France, the original proprietor, ceded it to Spain? Does he not know that Spain retroceded it to France, in exchange for Tuscany, which is now held as the kingdom of Etruria, by the king of Etruria, the relative of his Catholic Majesty, by virtue of that exchange—does he not know that Spain disclaims all title to it, and has issued the royal order for delivering it to France under its original limits, and that that order was lately in the possession of the minister of the French Republic, near the United States.
That the treaty had been ratified and exchanged for the sale of Louisiana to the United States, and that the minister of the First Consul had concurred with our government, such measures as were deemed necessary to put us in possession of the ceded territory, agreeable to the treaty. How correct then, it may be to investigate the title after we have ratified the treaty, and become thereby the purchasers, or how prudent to question that title, when claiming under it, are questions the gentleman's own feelings will best decide! But of this I am sure, that we can have no just cause of complaint against the French Republic, until an eviction under a pre existing title paramount, which Spain herself disclaims. But if after we shall be in possession, under this peaceful, legitimate
tide, any power on earth shall attempt to disturb our possession, I trust we can obtain injunctions from our secretaries of war, and of the navy, and secure our title in the way it was wished by some gentlemen to have originally obtained. The gentleman tells us he understands we are to be opposed by the subjects of his Catholic Majesty, in taking possession of the ceded territory, or why send so many troops to take possession. I cannot tell where the gentleman has got his information, either as to the opposition intended, or the number of troops to be sent. I have never heard there was to be any opposition, but the reverse. I never heard the number of troops that are intended to take possession; but I hope and trust a number sufficient to preserve the forts in good order, and to defend them against any power that may presume to invest them. This, I have no doubt, will be done, as it is committed to the President, under his high responsibility, aided by the heads of the departments, to which it belongs, who will be possessed of all necessary information, and who will, I trust, do their duty in preserving and defending these important posts.
Can it be supposed that the Louisianians, who so lately gave such demonstrative proof of their loyalty in their answer to the address of the Prefect of France, will be less disposed to loyalty to the United States, when they recollect that we have treated them as our children, by securing them in their property and in their civil and religious liberty, agreeably to the principles of our own constitution? Can they be so unwise as to prefer being the colonists of a distant European power, to being members of this immense empire with all the privileges of American citizens? Can any gentleman seriously entertain such an unauthorized opinion that that people whom we have seen so lately with so much respect to their late King, submit cheerfully to the citizens of the French Republic, will now in direct violation of the Royal Order, refuse to obey it, and treasonably take up arms to resist its execution—it is as cruel as it is unfounded! But should an insatiable so-treasonable, beget in them insurgent principles of resistance, I hope and trust that our troops on the spot may be permitted to aid the officers of his Catholic Majesty to reduce them to reason and submission to the Royal Order of their King, that they may be delivered up to be bro't to condign punishment; and that their treasonable project may be nipped in the bud.
I had for myself, however, supposed that from the time of the address of the French Prefect he had been in possession of and in the discharge of the civil functions of the government, and that the Spanish troops in the forts held the possession of them to preserve and protect them till the French troops should arrive under his direction; but I never did suppose that after the First Consul consented to sell that country, that he would send over his troops to take possession of it, but to surrender it; nor did I ever entertain a single doubt that after the King of Spain had sold that property to France and secured and held the property in exchange of which his Royal Order for the delivery of the possession was full proof, that if it was not in his power to induce the First Consul to keep it, that he would commit that integrity hitherto unsullied, by any measures violative of the faith of his own treaty.
Mr. Pickering said, if he entertained the opinion just now expressed by the gentleman from Delaware, (Mr. Wells) of the binding force of all treaties made by the President and Senate, he should think it to be his duty to vote for the bill now under consideration. "The constitution, and the laws of the United States made in pursuance thereof, and all treaties made or which shall be made under the authority of the United States, shall be the supreme law of the land." But a treaty to be thus obligatory must not contravene the constitution, nor contain any stipulations which transcend the powers therein given to the President and Senate. The treaty between the United States and the French Republic, professes to cede Louisiana to the United States, appeared to him to contain such an exceptionable stipulation—a stipulation which cannot be executed by any authority now existing. It is declared in the 3d article, that "the inhabitants of the ceded territory, shall be incorporated in the Union of the United States." But neither the President and Senate, nor the President and Congress are competent to such an act of incorporation.—He believed that our administration ad-
mitted that this incorporation could not be effected without an amendment of the constitution. And he conceived that this necessary amendment could not be made in the ordinary mode, but by the concurrence of two thirds of both Houses of Congress, and the ratification by the legislatures of three fourths of the several states. He believed the assent of each individual state to be necessary for the admission of a foreign country as an associate in the union: in like manner as in a commercial house, the consent of each member would be necessary, to admit a new partner into the company. And whether the assent of every state to such an indispensable amendment were attainable, was uncertain. But the articles of a treaty were necessarily related to each other; the stipulation in one article being the consideration for another. If, therefore, in respect to the Louisiana treaty, the United States fail to execute, and within a reasonable time, the engagement in the third article, (to incorporate that territory into the union) the French government will have a right to declare the whole treaty void. We must then abandon the country, or go to war to maintain our possession. But it was to prevent war that the pacific measures of the last winter were adopted—they were to "lay the foundation of future peace."
Mr. Pickering had never doubted the right of the United States to acquire new territory either by purchase or by conquest; and to govern the territory so acquired, as a dependent province.—And in this way might Louisiana have become a territory of the United States, and have received a form of government infinitely preferable to that which its inhabitants are now subject.
There was another serious objection to this treaty. It purported to contain a cession of Louisiana to the United States. The first article had often been read and commented upon; yet he begged leave to refer to it once more. It was therein stated that by the third article of the treaty of St. Idelfonso, made the first of October, 1800, the king of Spain promised and engaged on certain conditions, "to cede to the French Republic, the colony or province of Louisiana with the same extent that it then had in the hands of Spain, and that it had when France possessed it, and such as it should be after the treaties subsequently entered into between Spain and other States."—Now, under this mere conditional promise of Spain, the First Consul (declaring that the French republic had an incontestible title to the country) undertakes to cede Louisiana to the United States: And how does he cede it? In the same manner as it had been acquired by the French republic, in virtue of the above mentioned treaty with Spain."—That is, by that treaty, France acquired a right to demand an actual cession of the territory, provided she fulfilled all the conditions on which Spain promised to cede. But we know Spain declares that those conditions have not been fully performed; and, by her remonstrances, warns the United States not to touch Louisiana. Now we, (stand as some gentlemen have expressed themselves) in the shoes of France, can have only the same right relative to the subject in question. We can ask of Spain an actual cession, or a confirmation of the claim we have purchased of the French republic, provided we will and can fulfill the conditions of the treaty of St. Idelfonso. And what are these conditions? We cannot tell. Mr. P. believed that our executive knew not what they were; and he believed, too, that even our envoys, who negotiated the treaty for Louisiana, were alike uninformed. He believed that they never saw (for they had not intimated that they had ever seen) any other part of the treaty of St. Idelfonso, than what is recited in the first article of our treaty with France. And this defect has not been supplied by any guarantee of the territory on the part of France. She had not stipulated, nor is under any obligation, to procure the assent of Spain, as a confirmation of the cession to the United States.
Such is the nature of our title to Louisiana. We had indeed, been told of a publication, long since made at New Orleans, of the King of Spain's order to his officers there, to deliver possession of the province to the French republic. Mr. P. would also take the liberty of mentioning what he had heard, and from good authority; that the Prince of Peace, more than a year subsequent to the treaty of St. Idelfonso, declared, that the king of Spain (his master) had not ceded Louisiana to France.
Another honorable gentleman has entertained us with an account of the animating address of the French prefect to
the inhabitants of Louisiana, the largest portion of whom are French; and of the cordiality with which they received, and echoed, in their answer the sentiments of the Prefect.—But what were the feelings and conduct of the Spanish officers, on seeing these French proceedings? Mr. P. had heard from an honorable member in his eye (Mr. Dayton.) They sent for the printer and forbade all further promulgation of the address, and answer on pain of his being sent to the dungeon, or to the mines for life.—Thus tenacious was Spain of her right to Louisiana, thus severe in her prohibition of whatever might disparage her title.
But gentlemen rely on the royal order, now in the hands of the French agent here, for the delivery of the possession of Louisiana to the French republic: They seem to consider it as full evidence of the cession of that territory to France; and as supplying all apparent defect of title under the treaty of St. Idelfonso; that order (said Mr. P.) is a year old. Before that time France had concluded a peace with Great Britain; and whatever the French government should demand of Spain, would be given.
It is likewise supposed that the Spanish officers in Louisiana will not dare to refuse obedience to that order: and one gentleman has expressed his opinion, in case such refusal should happen, that the American troops, whom the President should send thither, would be justified in compelling them to obey.—But what if a subsequent royal order has been issued, requiring those officers not to deliver up Louisiana to France or the United States? We have some reason to think that such is the fact. And resistance, he presumed, was apprehended. Why, else, all this parade of war? Why had the President been authorised to employ the army and navy of the United States, and to call forth any portion of eighty thousand militia? Honorable gentlemen, he knew, held cheap the power of Spain: they have spoken plainly their opinion of her feebleness and inability to withstand the force of the U. States: And have seemed to rest the security of our title (as he remarked on a former occasion) rather on that feebleness and inability, than on the validity of the cession from the French republic. And one honorable gentleman has said that Spain will be left alone; that the French republic is bound in honor not to give her any aid. The FRENCH REPUBLIC bound in honor? For ten or fifteen years past, we had known too well what were the honor and the justice of the government of that republic.
Perhaps Spain may not resist at the present moment: She may wait until France gets the war with Britain off her hands. Then pretences will be easily found to reclaim Louisiana; and Spain, once engaged to wrest it from us by force, will receive from France, her ally, all necessary aid. Mr. P. believed that this whole transaction had purposely been wrapt in obscurity by the French government. The boundary of Louisiana, for instance, on the side of Florida was, in the treaty, really unintelligible; and yet nothing was more easy to define. The French government however, would find no difficulty in the construction. And an honorable member from New-Jersey, (Mr. Dayton) had informed us, that the French prefect, at New Orleans, told him, that as soon as general Victor should arrive, with the French troops, he should extend Louisiana far into West-Florida.
Mr. P. said, that which ever way he turned his eyes, war was in prospect, as the final result of our pacific measures—measures deemed so wise as to have been ascribed to divine inspiration! He wished they might merit that high character; but feared, in the end, they would bear the stamp of indiscretion—perhaps of folly.
[Debate to be continued.]
NEW YORK, Dec. 14.
Melancholy occurrence!!
We are informed that the following melancholy accident happened at Shelburn, on Thursday last. A Mr. Soper, who had been assisting in digging a well in that place, which they had sunk about 50 feet, and which, on account of the rain, they had determined to discontinue for that day, by request descended into the well for the purpose of bringing up the tools for some other use. When he had descended within about 12 feet of the bottom he appeared to struggle and breathe with difficulty, and soon fell out of the tub in which he was descending to the bottom of the well. A lighted candle let down to the depth at which Mr. S. failed, was extinguished; and a cat, at

the same depth, seemed to be in great agony, and was drawn to appearance lifeless but soon recovered. An alarm was instantly spread. The father of the unfortunate young man soon arrived to witness the affecting scene. Deaf to all persuasion, he determined, to descend and bring up the body of his son. To prevent his falling from the tub he was secured by a rope. On descending to the depth where his son first failed, he struggled and breathed with difficulty, but thought as he afterwards said he should be able to hold his breath till he should get to the bottom, and return with the body of his son. When there, he found himself unable to reach his son without untying himself, which he effected, and immediately fell apparently lifeless. The people at the top, as soon as possible, let down burning tar, and also rags wet in spirits, into the well, in order to cleanse the air; and after continuing their exertions for about an hour and a half, the father of the young man so far recovered as to call for the tub to be let down, which was done immediately, and he ascended bearing the corpse of his son to the view of his sympathising neighbours.
CHILLICOTHE, December 19.
A letter from Natchez, of the 17th November, says, that in consequence of intelligence received from New-Orleans, governor Claiborne was to set out in a few days for that place, to receive from the French government the province of Louisiana.
Advices from New-Orleans also state, that L'Aussat, the French prefect, had taken possession of the fort, magazines, &c. out of the hands of the Spaniards, preparatory to the delivery to the American troops.
INTERESTING.
By a young gentleman of respectability, on whose veracity we implicitly rely, who sailed from the mouth of the Mississippi as late as the 10th of October last, and came by way of the city of Washington to this place, we learn, that so far from any preparations being made to resist the government of the United States in taking possession of Louisiana, all classes of citizens, even the Spaniards themselves, were much pleased that they were so soon to become a part of the union, and preferred the government of America to that of Spain or France. At Orleans, he happened to be present on a field day, when the militia attended a general muster, agreeably to the police of the country; there were about 400 men, whites mulattoes and blacks, all badly equipped—it was neither insinuated or suspected that the least resistance would be made against our government taking peaceable possession.
Our informant further adds, that the fortification at Orleans, which is the principal one in all that country, is kept by 100 worn out Spanish soldiers—that the whole of their fortifications are in a ruinous state—the palisadoes and pickets being so much decayed that a single man may pull down from two to four feet at a time—the carriages of the guns are quite rotten and long since have been useless, the pieces of ordinance are resting on the earth and many of them have been so long in this situation, that time has nearly buried them in the sand—no troops had arrived, or was any expected at Orleans from the island of Cuba, or any other part of the Spanish dominions.
MARTINSBURG, January 6.
Our readers, it is hoped, will excuse the barrenness of this days paper, when informed that the Mail had not arrived when it was put to Press.
Extract of a letter from a young gentleman of this town, now at Natchez, dated the 9th December.
Speaking of the climate, &c. he says, "I will venture to make one observation, which I believe will apply both to this and the Louisiana country in general, more especially to any part below the mouth of Ohio River—that is—that few persons from the Northward, can reside here any length of time, without undergoing, what the people of this country term a seasoning, by which is meant a very severe spell of sickness, and in which a great many lose their lives."
The committee of ways and means of the Pennsylvania state Legislature, have reported, that it is expedient to raise the sum of two hundred thousand dollars by Lottery, to defray the expenses of Government.
Impressment of American Seamen. Number of impressments of American seamen, communicated to congress, by the president of the U. States, on the 5th ult:
"Forty-three impressments of citizens of the U. States, appear to have been made, of whom twelve had protections."
"Ten, natives of the British dominions, and not stated to be naturalized in the United States."
"Two by the agents of France, and one by the agents of the Batavian republic."
EXTRACTS
From Wilson's account of the British Expedition to Egypt.
GALLIC GRATITUDE.
The following anecdote is related as the cause of Morad Bey's personal inveteracy against the French. Some of their officers of rank assembled at the house of Madam Morad Bey, the widow of the great Ali Bey, who entertained them with all the hospitality she could possibly manifest, and as they retired, presented the young Beauharnais with a ring of considerable value. A few days afterwards a contribution was laid on her property of far greater extent than her proportion had been previously fixed at, and much beyond her means to pay. On complaining being made, she received for answer, "that as it was understood she still possessed very costly ornaments, no mitigation could be pleaded." This exaction then appeared to be founded on the present she had so generously, but as it proved imprudently given, to the relative of Bonaparte, with the motive of shewing honour to that general.—As such it was considered as the greatest breach of faith and hospitality, nor could Morad Bey ever speak of the transaction without the bitterest expressions of indignation.
EGYPTIAN DWELLINGS.
All language is insufficient to give a just idea of the misery of an Egyptian village.—But those who have been in Ireland may best suppose the degree, when an Irish hut is described as a palace, in comparison to an Arab's sty, for it can be called by no other name. Each habitation is built of mud, even the roof, and resembles in shape an oven. Within is only one apartment generally of about ten feet square. The door does not admit of a man's entering upright; but, as the bottom is dug out about two feet, when in the room an erect posture is possible. A mat, some large cans to hold water, which it is the constant occupation of the women to fetch, an alkara or drinking pitcher, made of fine porous flag, found best in Upper Egypt, near Cuniz, and in which the water is kept very cool, a rice pan, and coffee pot, are all the ornaments and utensils. Here then a whole family eat and sleep without any consideration of decency or cleanliness, being, in regard to the latter, worse than even the beasts of the field, who naturally respect their own tenements. It was scarcely possible to witness this disgusting scene, to behold men, women, and children, so wretched, so hideous, and so abject, without reflections, not very conforming to doctrines which, for the happiness of the world, should be inculcated.
Some Editors have lately indulged themselves in a little wit and fun on the idea of a mountain of Salt in Louisiana:—one says that there has been lately discovered a Mountain of Lump Sugar, and that the sugar refiners were likely to be ruined by the discovery—another that a lake of good old whiskey had been found—a third that there flows a vast river of golden Eagles, ready coined—a fourth that a little west of the Mountain of Salt, there is an immense lake of Molasses, and an extensive vale of hasty pudding. The Petersburg Intelligencer informs us, of another Wonder of Wonders, an immense bed of solid Gold, in the state of North Carolina.
WHAT IS GLORY?
WHAT is glory? Say a feather, Mounted on the buoyant air; Prey to every wind and weather; Often soil'd and seldom fair.
What is glory? Ask the garter, Twining round his graces knee. Wouldst thou ease and conscience barter Such a thing on thee to see?
What is glory? Ask the maiden, Wedded to a titled drone, Sick at Soul and heavy laden; Empty pageantry her own.
What is glory? Ask the lawyer, Feeless trudging to the court, Harder work than any sawyer, Ceaseless labor, less support.
What is glory? To the city, Hie, and ask the trading crew. Man in common council witty, Christian called, at heart a Jew.
What is glory? Ask him bowling, Patriot of Heroic age, The house his stand; he waits a calling, Longs for party to engage.
What is glory? Ask the Miser, Starving mid his bags of gold, Ask his heir? He hardly wiser, Scattering wide the sordid mould.
What is glory? Ask the poet, Pockets low and wishes high, Wanting, and yet none must know it, All but earth, and air, and sky.
What is glory? Ask the sailor, Weather beaten, tempest tost, Ship his prison, winds his jailor; Kimired, friends, and country lost.
Ask the the soldier, faint and weary, Leaning where his comrades lie— Ask him firmly, what is glory? He shall answer with a sigh.
What is glory? Hero! striding Madly o'er the ruin'd land, What is glory? TIME is gliding, Death and Judgement at hand.
E P I G R A M S.
I Laugh, a would-be sapient cries, At every one that laughs at me— Good Lord! a sneering friend replies, How merry you must be.
Jack his own merits sees. This gives him pride, That he sees more than all the world be- side.
J. LE TELLIER, DENTIST,
Now residing at Mr. Graham's Tavern, MARTINSBURG,
OFFERS his services to the Ladies and Gentlemen of Berkeley County in the various branches of his profession, particularly in cleaning and restoring the teeth to their natural elegance, with instruments that cannot injure the enamel, and without pain. In transplanting real teeth in a permanent manner, as well as setting artificial ones with a perfect resemblance of the natural, in plugging such decayed ones, as will admit, and extracting such as are too far gone to save, in which operation he makes use of the patent perpendicular instruments which are calculated for a complete defence of the jaw, adjacent teeth and gums, taking the tooth out with such ease, as other instruments are incapable of.
To know if your teeth wants cleaning, examine them before a glass in a clear light, beginning at the two middle front teeth of the lower jaw; if the gums are departing from their former place, or a black or yellow crust adhering to the teeth, you have cause of alarm; as that corrosive substance called tartar, will decay the teeth, produce scurvy, or consume the gums and bony process, till the teeth drop out; likewise causing a disagreeable and offensive breath, which after cleansing is effectually cured.
N. B. He has Tooth Powders of a superior quality.
He requests those who intend applying for his assistance to come forward as quick as possible, as he intends staying but two weeks in these parts.
January 6, 1804.
CERTIFICATE.
Mr. Le Tellier makes use of the proper method of cleaning the teeth, without injuring the enamel, and is authorised by me to use the patent perpendicular extracting instruments, in all places where the right is not disposed of, and not within 40 miles of Washington City, the place of my residence.
THOMAS BRUFF.
An Overseer Wanted.
THE Subscriber wishes to employ an active industrious Man without a family, who is well acquainted with the business of a Farm, and willing to work with and take charge of a few able hands. A good recommendation will be expected.
RAWLEIGH COLSTON, Near Martinsburg. January 6, 1804.
FOUR DOLLARS REWARD.
CERTAIN persons having hitherto made a practice of throwing down the fence of the subscriber, of cutting and carrying away wood from his plantation and committing other unlawful depredations thereon, this is therefore to caution all persons whatever from committing the like unwarrantable practices in future, as he is positively determined to prosecute to the utmost penalty of the law, any and every person so offending—and will give the above reward to any person who will inform on others guilty of such evil practices, so that they be convicted thereof.
CHRISTIAN SILBER. Berkeley County, January 6, 1804.
ONE DOLLAR REWARD.
STRAYED from the subscriber on the 29th December last, a brindle coloured COW with a short tail, and one of her ears supposed to be cropped, about 12 or 13 years old. She came out of Hampshire County, and it is probable will make for that place by way of Mill's Gap. I will give the above reward and reasonable charges for returning said Cow.
JOHN O'FERRALL. Martinsburg, January 6, 1804.
Proposals for publishing In the City of Philadelphia, A PERIODICAL WORK ENTITLED THE LITERARY MAGAZINE, AND AMERICAN REGISTER.
THIS work, if public patronage encourages its prosecution, shall be published monthly.
The number shall be, occasionally ornamented, with an engraving, executed by the best artist that can be obtained, and delivered to subscribers at the price of FIFTY CENTS. Each number shall contain, at least, eighty pages in large octavo, and shall comprehend seven departments.
The First Department shall include original, moral, literary or scientific performances, and biographical or historical sketches.
The Second Department shall contain reviews of American publications, and of English works republished here.
The Third Department shall comprise such extracts, from foreign publications, as shall be considered peculiarly interesting, and deserving the attention of the people of America. The essence, especially of periodical publications, shall be carefully extracted.
The Fourth Department shall consist of pieces of original or selected poetry.
The Fifth Department shall include notices of publications preparing for the press; notices of literary characters and incidents; and such portions of information of a scientific, commercial, and agricultural nature, as shall be deemed most remarkable and most deserving of notice.
The Sixth Department shall contain an accurate detail of political intelligence, foreign and domestic, particularly a clear summary of the proceedings of the Congress of the United States during their session.
The Seventh Department shall consist of all such interesting or important occurrences, as the passing month shall have produced; such as casualties, crimes, &c. and shall likewise contain as full and accurate a list of marriages and deaths, in the United States, as can be procured.
The work will be published by Messrs. John Conrad, & Co. and will be conducted under the immediate direction of an Editor, who, in addition to his own labours, has received assurances of the assistance of several of the first literary characters in this city and in New-York.
A work of the nature now offered to the attention of the people of the United States, has long been demanded. It is conceived, that, if properly conducted, it would eminently promote the literature of this country, and would prove, in all respects, favourable to the gratification of taste and extension of useful information.
The Editor promises, if encouraged by liberal subscriptions, all that his talents and labours can perform toward the successful execution of the work which he has proposed to undertake, and he hopes that this appeal to literary taste, that this desire to diffuse knowledge among all classes of society, will not, like other attempts, which have preceded this, be rendered fruitless, by a cold and depressing reception.
Subscriptions for the above work will be received by J. ALBURTIS, Martinsburg.

Communicated for the INTELLIGENCER.
ELOGY On the Death of Miss Charlotte Norris ,
Late of Battle-Town, by an affectionate and deploring Friend, formerly her Tutor, with whom she lived at the Female Academy, Rural-Retreat, in 1800.
Spoken at her grave.
D ISTRESSING sight! is this my CHARLOTTE's Tomb? Alas! too true!—she slumbers here; Come, friendly Muse, and breathe a soft perfume Around her grave—and drop a tear.
She met an early fate—alas! how soon, How soon the blooming flow'r decay'd! Her bright ascending sun went down ere noon; Obscur'd in an untimely shade.
Alarming stroke!—Ye Virgins gay, attend, Ye who CHARLOTTE's fate deplore; Behold, how soon, all mundane glories end! And on to-morrow count no more.
"Be wise to-day"—'tis madness to defer." To-day is all that you may have. See! blooming CHARLOTTE's gone—and you, like her, May meet with an untimely grave.
Then seek salvation while you yet are spar'd; Call on the Lord while he is near, Least Death should overtake you unprepar'd, And plunge your souls in ruin drear.
How low, alas! how low my CHARLOTTE lies! Obscur'd in Death's impervious gloom, No more to bless her former Tutor's eyes, No more to grace a Brother's room.
Oh! my full heart! what sorrows press it down! What tender passions in it flow! How does it bleed for sorrows of its own! How feel and share a Brother's woe!
My mind, regretful, turns to seasons past, When CHARLOTTE was my pupil-child, Orphan'd by Heav'n—and on my care was cast, I'instruct and form with manners mild.
She call'd me Father—and I felt the name,— I felt a Father's bowels move, And from her, ever, met a Father's claim, Grateful respect and filial Love.
But now, these dear relationships are broke, These tender names exist no more; Relentless Death, with unexpected stroke, Has sunk her to the Eternal shore.
Ye fellow-pupils of my CHARLOTTE , come And drop a tear and heave a sigh Around your lov'd associate's mournful Tomb! And think that you must also die.
Prepare to meet your God, while call'd to-day: The great Salvation don't neglect; Grim Death may also hurry you away, Ere you the awful stroke expect.
Look back—and view the scenes of sweet Retreat — Remember— CHARLOTTE flourish'd there— Like you, was lively, winning, fair, and sweet— But now, in Death, she slumbers here!
Her face, now cover'd with Death's mantle dark: Your eyes, in time, will see no more! The "Water floods," have quench'd her vital spark, And roll'd her to the Eternal shore!
Oh! my afflicted heart!—but I forbear. The ways of God are right and just: But Nature's Parent will indulge a tear, When tender names are turn'd to dust.
Accept, dear Shade, this Tribute of esteem— These sighs and tears which flow for you— No more, my Muse, pursue the tender Theme. CHARLOTTE!—My Child!—A long adieu!!!
New-Store.
JUST received, and now for sale, at the subscribers' Store, (Green Spring Mills, Frederick County,) A well-chosen Assortment of DRY-GOODS and GROCERIES. Suitable for the present season, all of which they will sell on the most moderate terms, for Cash or Country Produce. The highest market prices will be given for Wheat, Rye or Corn, in Cash or Goods.
RUSSEL & SCOTT. Green-Spring Mills, Dec. 16, 1803.
N. B. Wanted, an active Lad who can come well recommended, to attend in the Store.
PRINTING. In all its variety, executed at this Office with correctness and expedition.
A Valuable Tract of LAND For Sale.
TO be sold the plantation whereon I now live, containing 462 acres, lying and being in the County of Jefferson, State of Virginia, within 3 miles of Shepherd's Town, 1 from Potomack River, 75 from Baltimore, 60 from the Federal City, and 70 from Alexandria, (produce may be taken down by water to either of the latter places.) There are on the premises 3 good Dwelling Houses and a very large square log Barn, 2 never failing Springs, with a good stone Spring House. Near one half of this Land is cleared, the other half clothed with very valuable Timber; there are 3 valuable Apple Orchards, 12 acres of Timothy Meadow, and more may easily be made; the soil is equal if not preferable to any in Jefferson County.
Also another Tract of first rate Land, containing 176 1-2 acres, adjoining the aforesaid tract; on this tract are a good House and Barn, a never failing Well near the house and a good young Apple Orchard; about one half of this tract is cleared, the other half clothed with excellent Timber; the whole can be easily divided into 3 or 4 Tenements.
The Terms will be made known by the proprietor living on the Land. JOHN STIPP, sen. Jefferson County, December 16, 1803.
THE subscriber respectfully informs the Ladies and Gentlemen of Martinsburg and its vicinity, that his DANCING SCHOOL will commence the last half quarter on Monday next. All those who wish to join it for half a quarter, will meet with a thankful reception from their humble servant. D. HARTSHORN. Martinsburg, December 16, 1803.
PUBLIC NOTICE.
I DO hereby caution the public from purchasing from William Bready, a certain Tract of Land situate about eight miles from Martinsburg, adjoining lands of Wm. Porterfield and others, as I have a lease of said Land for two lives, and am determined to retain possession, until the lease is purchased and compensation given for certain improvements made thereon.
EDWARD WHITE. December 16, 1803.
Fall Goods.
THE subscribers beg leave to inform their friends and the public in general, that they have just received and finished opening a large and extensive assortment of
FALL and WINTER
GOODS.
Selected by one of the firm from the latest importations from Europe, which, in addition to their former Stock, makes their Assortment more complete than ever, the same they are determined to sell at a more reduced price than usual for CASH or COUNTRY PRODUCE.
As a dissolution of their Co-partnership will in a few months take place, a very moderate profit will be taken, that they may be enabled to sell off their Stock; those who may want any article in their line, will find it considerably to their interest by giving them a call.
They return their sincere thanks to the inhabitants of Martinsburg and its vicinity, for their generous support since their commencement in business, and assure them they will do all in their power to merit a continuance of their favours.
N. B. Those who are indebted to us for goods a long time standing, must not think hard of it if the sheriff should call on them for payment, as every indulgence has been given that could be asked for.
The highest price given in CASH, for merchantable WHEAT, RYE, CORN or FLAX-SEED, and an allowance made if merchandise is taken in exchange.
P. NADENBOUSCH, & Co. Martinsburg, October 28, 1803.
TAKEN up by the subscriber as an estray, a reddish brindle BULL, with a crop off of the left ear, and a half penny cut out of the under side of the right ear; supposed to be two years old, and appraised to 5 dollars. The owner is desired to prove property, pay charges and take him away.
RUTH THATCHER. Berkeley County, 23rd 11th Mo. 1803.
Meminger & Cooper
Have removed their Store from the house next to the Globe Inn, to the old stand formerly occupied by P. Nadenbousch, & Co. at which place they now offer for sale, in addition to their former stock, a number of
FRESH FALL GOODS.
They will not assert that their Goods are extraordinarily cheap, but hope those who favour them with their custom, will be inclined to continue.
GRUBB's
BAR-IRON.
At six dollars for 112 lbs., to be had of them, and a general assortment of FINE-GROVE CASINGS.
WHEAT, RYE, CORN, OATS, FLAX-SEED, and clean LINEN and COTTON RAGS, bought, or taken in payment for Goods.
Martinsburg, October 14, 1803.
August term, 1803.
HANPUSHIRE COUNTY, ss.
LEWIS MOORE,
AGAINST
JAMES DAILEY.
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 second Tuesday in February 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. Teste, ANDREW WODROW, c. n. e.
FOR SALE.
A small Tract of LAND, consisting of one hundred and seven acres.
THIS Land is very valuable, as it is a mixture of lime-stone and slate, and lies almost wholly to the sun-rise; the greater part of it is cleared and in good tenable repair; there are on the premises a good Dwelling-House and Kitchen, two excellent Springs of never failing Water, and a good thriving Orchard of choice Apple Trees now in their prime. Any person inclining to purchase, may have immediate possession.
WILLIAM BURNS, jun. December 16, 1803.
ALL persons who stand indebted to John Reynolds, late of Berkeley County, either by Bond, Note, or Book Account, are desired to come forward and discharge the same before the first day of February next, as no longer indulgence can be given.
DAVID OSBORNE. Jefferson County, December 23, 1803.
TO BE RENTED, A CONVENIENT SMITH SHOP and two Sets of TOOLS, with which may be had to hire, a NEGRO MAN that has worked for some time in the Shop. For terms apply to the subscriber. LYDIA JOB. Middle-Town, Berkeley County, December 23, 1803.
The following BLANKS, printed with NEW and ELEGANT TYPE, are always kept for sale at this Office: DEEDS, Common BONDS, Apprentices INDENTURES, Promissory NOTES, County Clerks', Sheriffs', and Constables' BLANKS, of all kinds, &c. &c. &c.
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.
THERE being a very great probability of the negroes purchased by me on the 30th of September last, at the widow Edelen's sale, being free, I therefore take this method of informing the public, that I am determined not to pay the note given for those negroes, until a final adjustment of the business takes place, and a clear and indisputable title is given me.
HUGH V. PATTERSON. December 9, 1803.
NOTICE.
ALL persons indebted to the late concern of James S. Lane, & Co. are requested to come forward and discharge their respective balances. It is hoped, as the request is reasonable, that this notice will be attended to.
JAMES S. LANE. Shepherd's Town, December 23, 1803.