Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1805-04-19 00:00:00

Wm Wilson Prospect H. 11
Berkeley and Jefferson Intelligencer.
[No. 48 of Volume VI.]
FRIDAY, April 19, 1805.
[Whole No. 308.]
WE are authorised to inform the Freeholders of Berkeley County, that GEORGE PORTERFIELD, Esq. and PHILIP C. PENDLETON, Esq. will be Candidates at the next election of Representatives for this County in the State Legislature.
We are authorised to inform the Citizens of Berkeley, Jefferson and Hampshire Counties, that Maj. JAMES STEPHENSON has consented at the request of a number of his friends, to be a candidate at the ensuing Election for a Representative for this District in the next Congress of the United States.
We are authorised to inform the Freeholders of this County, that Mr. JOHN GRAY and Captain MATTHEW RANSONE, will be candidates at the ensuing election of Representatives for Berkeley County in the State Legislature.
March 1, 1805.
To the Citizens of Jefferson, Berkeley and Hampshire Counties.
I HAVE consented, at the request of a number of my friends, to become a candidate at the ensuing election for a representative for this district in the Congress of the United States; and now solicit your patronage. It has hitherto been so much the custom to travel through the district, to solicit votes, that for me to omit that part of the business, might probably give occasion of offence to some—I will therefore devote as much time as can be spared for that purpose; flattering myself at the same time, that those gentlemen whom I cannot visit previous to the election, will not impute it to any want of respect for them, more than others; but to the want of sufficient time, to make such a tour. As I would rather lose my election, than gain it by any unfair means; my opponent and his friends may rest assured, that no ungentlemanly or improper conduct on my part, will be resorted to, for the purpose of obtaining success; and I flatter myself, that I shall be treated with the delicacy which I am determined to exercise towards my competitor.
I am fellow Citizens, with due respect, your obedient servant, JOHN MORROW.
Shepherd's-Town, } February 12, 1805.
NOTICE is hereby given that an Election will be held at the Court House in Martinsburg, on the first Monday after the third Tuesday in April (being the 22nd day of the present month) for the purpose of choosing two persons of fit character, to represent the County of Berkeley in the next General Assembly of this Commonwealth. All persons entitled to vote are desired to attend.
There will also be held at the same time and place an Election for the purpose of choosing a fit character to represent the District composed of Berkeley, Jefferson and Hampshire Counties in the Congress of the United States.
Wm. PORTERFIELD, Sheriff. April 5, 1805.
FOR HIRE, TWO Negro Girls,
One about fifteen and the other sixteen years old; they have both been accustomed to house-work, and one has for some time past been a cook. An employer in the country would be preferred. Inquire of the Printer.
January 11, 1805.
(w4)
NOTICE.
THE subscriber respectfully wishes to inform his customers and the public, that he has lately removed his Store to that eligible and commodious stand adjoining the Court House, fronting on Queen street and the public square, lately occupied by James Anderson, Esq. where he intends carrying on the Mercantile business.
He has just received a large additional supply of
Dry Goods and Groceries.
The ladies and gentlemen of this town and its vicinity, will please to accept my thanks for all former favours conferred, and I hope to merit a continuation of their custom.
He has BLANK BOOKS for sale. JEREMIAH EVANS. Martinsburg, March 8, 1805.
Berkeley County, ss. February Court, 1805. George Riley vs Joseph Gale. In CHANCERY.
THIS day came the complainant by his counsel, and it appearing to the court that the defendant is not an inhabitant of this commonwealth, it is ordered that the defendant do appear here on the Monday after the third Tuesday in May next, to answer the complainant's bill, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer and continued for two months successively, and also be posted up for two months successively at the door of the court house of this county.
A Copy. Attest, DAVID HUNTER, C.B.C.
FOR SALE,
Pursuant to the last will and testament of Robert Creighton, dec'd, a valuable Tract of Land,
Lying in the County of Berkeley and State of Virginia, three miles from the town of Martinsburg, on the road leading to Williamsport, eighty-five miles from the City of Baltimore, seventy-five from the City of Washington, and eighty miles from the town of Alexandria—containing six-hundred acres, one half cleared and under good fence, the balance well clothed with timber: There are on said land a number of never failing springs, and a sufficient quantity of Meadow: This Tract would suit well to be divided, as there are two Dwelling Houses, two Double Barns, and two Orchards of choice Fruit. It lies five miles from the river Potomak, the navigation of said river is now completed, produce may be conveyed down the river to the City of Washington and to the town of Alexandria at a small expense. For terms apply to William Riddle, of the town of Martinsburg. A good title will be made the purchaser by
WILLIAM RIDDLE, } Exr's. and Wm. CREIGHTON, } Martinsburg, February 1, 1805.
Berkeley County, ss. February Court, 1805. George Riley vs Daniel Sturgess. In CHANCERY.
THIS day came the complainant by his counsel, and it appearing to the court that the defendant is not an inhabitant of this commonwealth, it is ordered that the defendant do appear here on the Monday after the third Tuesday in May next, to answer the complainant's bill, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer and continued for two months successively, and also be posted up for two months successively at the door of the court house of this county.
A Copy. Attest, DAVID HUNTER, C.B.C.
EIGHT DOLLARS REWARD.
STOLEN or strayed from the subscriber's stable on Wednesday the 20th of March last, a dark bay mare heavy with foal, trots and paces, but not active as to her gates, has a small white round each of her hind feet, and a remarkable thick mane, about fourteen and a half hands high, has no other perceivable mark to my knowledge. Any person taking up said mare and delivering her to me shall receive the above reward with reasonable charges.
JOHN UNSELD, jun. Shepherd's-Town, April 5, 1805. N.B. The mare is four years old this spring and shod all round.
The elegant full-bred Horse YOUNG LOFTY
WILL stand this season, the three first days in each week, at Tabley's Mill on Opeckon, and the three last days at Capt. Henry Klinger's (Falling Waters) 8 miles from Martinsburg, at the moderate price of four dollars and one bushel of oats or corn the season, two dollars cash the single leap, and nine dollars to insure a foal—the money for the season to be paid the 1st of August next, and for insurance when the mare proves with foal. The season has commenced and will end the last of June.
Young Lofty is a dark bay, fifteen and a half hands high, with a blaze in his face and two white feet, rising four years old, was got by the noted horse Sportsman, his dam was got by Young St. George, his grand dam by the Black Snake. It is unnecessary to say anything more of his pedigree, as the appearance of the horse will be sufficient to recommend him to every impartial man.
JOHN DAUGHERTY. April 5, 1805.
TWENTY DOLLARS REWARD.
RAN away from the subscriber living in Charles County, Maryland, near Bryan Town, on or about the 20th of last month, negro BILL, he is about 22 years of age, tall and stout made, of a yellowish complexion, thick lips and coarse voice, walks with his toes turned out, his clothing I can't well describe, but his common wear was an old hat, white negro cotton over jacket and a pair of country cloth trowsers striped with yellow crossways, he formerly belonged to the family of Neales in Coburn. I have reason to believe he will make for Berkeley County, Virginia, near Charles Town, where his father and mother lives, belonging to Richard Litchling. Whoever takes up said fellow, and secures him in any jail (if out of the county) and gives information to the subscriber so that he gets him again, shall receive the above reward and all reasonable charges paid if brought home, and taken in the county five dollars.
AUGUSTUS BURCH. Charles County, March 20, 1805.
THE Subscriber returns his most grateful acknowledgments to his friends and the public for the encouragement he has experienced, and respectfully informs them that he has just received, and will constantly keep for sale at his Blacksmith's shop in the main street Martinsburg opposite to the Indian Chief Tavern, a very large and complete assortment of
BAR-IRON,
of the best quality, selected with care by himself from the Iron Works, and which he will dispose of on the most reduced terms. He continues as usual to carry on the Blacksmith's business in all its various branches, and flatters himself, that if good materials, manufactured in the most serviceable manner, together with the strictest attention to business, can secure the public favour, he shall not go unrewarded.
Any purchaser can, with convenience and dispatch have any quantity of Iron cut and bent if necessary.
JOSEPH CHAMBERS. Martinsburg, March 29, 1805.
Winter Goods and Groceries.
THE SUBSCRIBER
Has just received and finished opening, (part from Philadelphia and part from Baltimore,) a very large supply of
Choice Winter Goods and Groceries,
Which, in addition to his former stock, makes his assortment more complete than ever, consist of almost every article in the Dry Goods and Grocery line, too numerous to particularise—all which he will sell at the most reduced prices for CASH or COUNTRY PRODUCE, or on the usual credit to punctual customers.
WARRANTED
Bolting Cloths,
Superfine, Common and Milling, of the first quality, for sale on the usual terms.
N.B. He offers the highest price in Cash, for Wheat, Rye, Corn, Oats, or Flax-Seed.
With the greatest esteem, He remains the public's otd. and hmb. servt.
PHILIP NADENBOUSCH. Martinsburg, January 11, 1805.
LANDS FOR SALE.
THE subscriber wishes to sell the Plantation whereon he now lives, situate on Back Creek, Berkeley County, 7 miles from Martinsburg and 15 from Bath, containing 333 acres of good strong Lime-stone Land, well watered, with at least 7 springs—150 acres are cleared and well enclosed, 8 acres of Meadow are made, and more Meadow land; the remainder of the tract is well covered with fine timber.—On the premises are a convenient Dwelling House, newly finished Kitchen, a large Barn, Distillery, Fulling Mill, and some out houses, with a number of Fruit trees.—There is a good mill-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.
JOLLY EMPEROR
WILL stand this season, the three first days in each week, at the subscriber's plantation, about three-fourths of a mile from Opeckon bridge on the road leading to Shepherd's-Town, one-fourth of a mile from the Baptist meeting house, near Hess's mill, and cover mares at four and a half dollars the season, two dollars cash the single leap, and eight dollars for insurance. The money for the season to be paid by the 1st of July, and for insurance when the mare proves with foal.
Jolly Emperor is a handsome gray, about sixteen hands high, four years old and well calculated for the saddle or gears. He was got by the celebrated horse Emperor, formerly kept at the Yellow-House, whose blood is well known—his dam was got by Old Snap. It is thought unnecessary to say anything more of his pedigree, as his appearance will be a sufficient recommendation. Great attention will be paid, but I will not be answerable for accidents. The season will begin the 1st of April and end the 1st of July.
ELI BELLER.
March 29, 1805.
CASH
Given for clean Linen and Cotton
RAGS.
At the Office of the INTELLIGENCER.

In the Senate of the United States, SITTING AS A High Court of Impeachment, ON THE 4th day of February, A. D. 1808. The United States vs. Samuel Chase.
[Judge Chase's Defence continued.]
The fifth article of impeachment charges this respondent, with having awarded "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."
This charge is rested, 1st, on the act of congress of September 24th, 1789, entitled, "an act to establish the judicial courts of the United States," by which it is enacted "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 offender may be found." And 2dly, on a law of the state of Virginia, which is said to provide "that upon presentment by any grand jury, of an offence not capital, the court shall order the clerk to issue a summons against the person or persons so offending, to appear and answer such presentment at the next court." It is contended, in support of this charge, that the act of congress abovementioned, made the state law the rule of proceeding, and that the state law was violated by issuing a capias against Callender, instead of a summons.
The first observation to be made on this part of the case is, the date of the law of Virginia is not mentioned in the article. A very material omission! For it cannot be contended, that by the act of congress in question which was passed for establishing the laws of the United States and regulating the proceedings dependant on all future acts of state legislatures. The intention certainly was to adopt to a certain limited extent, the regulations existing in states at the time of passing the act. Consequently, a law of Virginia, passed after this act, can have no operation on the proceedings under it. But by referring to the law of Virginia in question, it will be found to bear date on November 13th, 1792, more than three years after this act of congress, by which it is said to have been adopted. But the omission of this law of Virginia, is not the most material oversight which has been made in citing it. Its title is "An act directing the method of proceeding against free persons charged with certain crimes," &c. and it enacts, section 28th, "That upon presentment made by the grand jury, of an offence not capital, the court shall order the clerk to issue a summons, or other process, against the person or persons so presented, to appear and answer at the next court." It will be observed that these words "or other process," which leave it perfectly in the discretion of the court what process shall issue, provided it be such as is proper for bringing the offender to an answer to the presentment, are omitted in this article of impeachment.
From these words it is perfectly manifest, that the law of Virginia, admitting it to apply, did not order a summons to be issued, but left it perfectly in the discretion of the court to issue a summons, or such other process as they shall judge proper. It is therefore a sufficient answer to this article to say, that this respondent considered a capias as the proper process, and therefore ordered it to issue; which he admits that he did, immediately after the presentment was found against the said Callender, by the grand jury.
This he is informed, and expects to prove, has been the construction of this law by the courts of Virginia, and their general practice. Indeed it would be most strange, if any other construction or practice had been adopted. There are many offences not capital, which are of a very dangerous tendency, and on which very severe punishment is inflicted by the laws of Virginia; and to enact by law that in all such cases, however notorious or profligate the offenders might be, the courts should be obliged, after a presentment by a grand jury to proceed against them by summons; would be to enact, that as soon as their guilt was rendered extremely probable by the presentment of a grand jury, they should receive regular notice, to escape from punishment by flight or concealment.
It will also appear, as this respondent believes, by a reference to the laws and
practice of Virginia, into which he has made all the inquiries which circumstances and the shortness of time allowed him for preparing his answer, would permit, that all the cases in which a summons is considered as the only proper process, are cases of petty offences, which on the presentment of a grand jury, are to be tried by the court in a summary way, without the intervention of a petit jury. Therefore these provisions had no application to the case of Callender, which could be no otherwise proceeded on than by indictment, and trial on the indictment by a petit jury.
It must be recollected that the act of congress of Sept. 24th, 1789, enacts, section 14, "that the courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of laws." Consequently, the circuit court, where the proceedings in question took place, had power to issue a capias against the traverser, on the presentment, unless the state law abovementioned governed the case, and contained something to restrain the issuing of that writ in such a case. This respondent contends, for the reasons above stated, that this state law neither applied to the case, nor contained any thing to prevent the issuing of a capias, if it had applied.
Thus it appears that this respondent, in ordering a capias to issue against Callender, decided correctly, as it certainly was his intention to do. But he claims no other merit than that of upright intention in this decision: for when he made the decision, he was utterly ignorant that such a law existed in Virginia: and declares that he never heard of it, till this article was reported by a committee of the House of Representatives, during the present session of Congress. This law was not mentioned on the trial either by the counsel of the traverser or by judge Griffin, who certainly had much better opportunities of knowing it than this respondent, and who, no doubt, would have cited it had they known it and considered it as applicable to the case. This respondent well knows that in a criminal view, ignorance of the law excuses no man in offending against it; but this maxim applies not to the decision of a judge; in whom ignorance of the law in general would certainly be a disqualification for this office, though not a crime; but ignorance of a particular act of assembly, of a state where he was an utter stranger, must be considered as a very pardonable error; especially as the counsel for the prisoner to whose case that law is supposed to have applied, forbore or omitted to cite it; and as a judge of the state, always resident in it, and long conversant with its local laws, either forgot this law, or considered it as inapplicable.
Such is the answer, which this respondent makes to the fifth article of impeachment. If he erred in this case, it was through ignorance of the law, & surely ignorance, under such circumstances, cannot be a crime, much less a high crime and misdemeanor, for which he ought to be removed from his office. If a judge were impeachable for acting against law from ignorance only, it would follow, that he would be punished in the same manner for deciding against law wilfully, and for deciding against it through mistake. In other words, there would be no distinction between ignorance and design, between error and corruption.
And the said respondent, for plea to the said fifth article of impeachment, saith, that he is not guilty, of any high crime and misdemeanor, as in and by the said fifth article is alleged against him; and this he prays, may be inquired of, by this honourable court, in such manner, as law and justice shall seem to them to require.
The sixth article of impeachment alleged, that this respondent, "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 to trial during the term at which he, the said Callender was presented and indicted, contrary to the law in that case made and provided."
This charge also, is founded, 1st, on the act Congress of September 24th, 1789, abovementioned, which enacts section 34, "that the laws of the several states, except where the constitution, treaties, or statutes of the United States, shall otherwise provide, shall be regarded as the rules of decision, in trials at common law, in the courts of the United States, in cases where they apply," and 2dly, on a law of the state of Virginia, which
is supposed to provide, "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." This law, it is contended, is made the rule of decision by the abovementioned act of congress, and was violated by the refusal to continue the case of Callender till the next term.
In answer to this charge this respondent declares, that he was at the time of making the abovementioned decision, wholly ignorant of any such law of Virginia as that in question, that no such law was adduced or mentioned by the counsel of Callender in support of their motion for a continuance; neither when they first made it, before this respondent sitting alone; nor when they renewed it, after judge Griffin had taken his seat in court; that no such was mentioned by judge Griffin who concurred in overruling the motion for a continuance and ordering on the trial: which he could not have done had he known that such a law existed, or considered it as applicable to the case; and that this respondent never heard of any such law, until the articles of impeachment now under consideration were reported in the course of the present session of Congress, by a committee of the House of Representatives.
A judge is certainly bound to use all proper and reasonable means of obtaining a knowledge of the laws which he is appointed to administer; but after the use of such means, to overlook, misunderstand, or remain ignorant of some particular law, is at all times a pardonable error. It is much more so in the case of a judge of the supreme court of the United States, holding a circuit court in a particular state, with which he is a stranger, and with the local laws of which he could have enjoyed but very imperfect opportunities of becoming acquainted. It was foreseen by congress, in establishing the circuit courts of the United States, that difficulties and inconveniences must frequently arise from this source, and to obviate such difficulties it was provided, that the district judge of each state, who having been a resident of the state and a practitioner in its courts, had all the necessary means of becoming acquainted with its local laws, should form a part of the circuit court in his own state. The judge of the supreme court is expected, with reason, to be well versed in the general laws; but the local laws of the state form the peculiar province of the district judge, who may be justly considered as particularly responsible for their due observance. If, in the case in question, this respondent overlooked or misunderstood any local law of the state of Virginia, which ought to have governed the case, it was equally overlooked and misunderstood not only by the prisoner's counsel who made the motion, and whose peculiar duty it was to know the law and bring it into the view of the court, but also by the district judge, who had the best opportunities of knowing and understanding it, and in whom, nevertheless, this oversight or mistake is considered as a venal error, while in this respondent it is made the ground of a criminal charge.
[To be continued.]
Latest FOREIGN INTELLIGENCE.
BOSTON, March 27.
The John Adams, Capt. Wood arrived here yesterday, in 41 days from Liverpool.
The late prospect of Peace had wholly vanished at the last dates:—And had given place to notes of active and general war, louder than had before been heard. The debates in the British Parliament breathe nothing but preparation and hostility. Ten thousand additional seamen had been voted for the present year;—the regular force and troops in pay, had been augmented to 300,000 men, independent of the Volunteers; and recruiting both for the army and navy was continued with spirit and success. The Stocks continued stationary at about 59:—and the Loan for 1805, it was supposed, would exceed twenty millions:—while vast quantities of Spanish dollars continued to arrive in Spanish prizes, which were immediately escorted to the Bank or Mint. It was generally thought in London, that the proposition of peace, made by Bonaparte, and mentioned in the British King's speech was a mere stockjobbing manœuvre of Talleyrand.
No new movement had been made in Russia: nor were many to be expected in those ice-bound regions during winter.—But we do not find that she had relaxed in her warlike preparations;—or in her avowed hostility to the aggressi-
ons of Imperial France. Sweden continued her menacing attitude.—Austria appeared dissatisfied; but Prussia and Denmark were anxious to maintain a strict neutrality.
There were no additional account of movements in the Mediterranean. Lord Nelson, it was said was besieging Minorca; and a French squadron of considerable force, was on the point of sailing from Toulon.
The British government at Malta continued to bestow every attention on the American squadron there. Their prints speak highly of the spirit of our seamen before Tripoli; and lament the issue of the campaign.
The menace of besieging Gibraltar was continued in Spain and France; and the rock had received a considerable reinforcement of troops. Lieutenant General Fox—brother of Charles James Fox—now commands that fortress; which the British have held since the year 1704.
From late London Papers.
Some Dutch papers were received last night to the 22d. If they afford us no new facts, they enable us to assert, with increased confidence, that the Austrian army on the Italian frontiers, improperly called an Austrian Cordon, is to be immediately increased to 70,000 men. It may be that, alarmed by these preparations, by the growing intimacy between Austria and Russia—by the increasing force of the Russians in Corfu—and by the change in the sentiments of Prussia; Bonaparte resolved to make us a pacific overture, which he might think to be the most effectual means of disconcerting any plan of a coalition against him. It is, perhaps, under the influence of this idea, that he has caused it to be hinted in Holland, that M. Schimmelpennick, after his return from Paris, will be sent on a mission to England. A part of the embassy sent to assist at the coronation, has returned to the Hague.
February 6.
Bonaparte is again on the point of crossing the Alps; and to make another visit to Italy. Let Austria be aware! She neglected this caution before the battle of Marengo, and she lost Italy. Bonaparte's Mamelukes and his guards have already left Paris, and are immediately to be followed by his Imperial Majesty. The elevation of his brother Joseph to the throne of Lombardy, which has been offered by a deputation from the Italian republic, is alleged to be the sole cause of his journey—it is only one of the causes.—For some time past troops have been filing off from the eastern and south eastern parts of France to Italy; it is even said, that the Italian detachments which formed the encampments at Boulogne and along the western coasts of France, have broken up, and returned to Italy, under the pretence that the cold weather was injurious to troops used to a warmer climate. The increase of the French troops in Italy, and the position they took along the Adriatic shore, and on the Neapolitan frontiers, was supposed to be with a view of occupying Naples, and of defeating any attempt that might be made by the Russian troops in Corfu. Whether Austria saw that so large a force could not be required to defeat the designs which the Russians in Corfu might entertain, or to overrun and occupy the whole kingdom of Naples, we know not, but she began to form a cordon upon her frontier from the Tyrol to Venice. She has alleged the epidemic distemper in Tuscany as the cause of this cordon—a pretence which does not deceive Bonaparte, who certainly perceives that so large a force can only be for the purpose of observation. It is evident that Austria suspects him. He has endeavoured to quiet her apprehensions by an express condition that the new king of Lombardy shall renounce all claim to the succession to the imperial crown of France, and that the titles of Emperor of France and King of Lombardy shall never be united in the same person. But these assurances have not produced the effect of removing the apprehensions of Austria, or of inducing her to withdraw her cordon; she has recently increased it. Hence the altercation at the levee between Bonaparte and Count Cobentzel, to whom the former spoke in the language of insult and defiance.
The aggrandisement of his family, an aggrandisement for which they shall be indebted solely to him, is the vast object of his ambition. To give his family a power and a consequence which none ever possessed before—to be emperor, reigning over dependent Kings—Kings bearing his name and created by himself; is the grand scheme and determination of his mind—Kings of Italy, and of Hol-

land, of Switzerland, and of Spain, all stripped from the same tree, and planted in the different soils of Europe by him- self. The Pope is conveniently absent from Rome, and already do we hear in- sinuated, that his residence may be fix- ed elsewhere, by the intended change in Italy. The Kingdom of Etruria is sickly, and is hastening to its dissoluti- on. In this kingdom of Lombardy will be merged the republics of Liguria and Lucca, the kingdom of Etruria, and e- ven the territories of the Church. Naples will be the last part of Italy seized and added to it. That such are Bonaparte's gigantic designs, seems to be suspect- ed by Austria, and this is the motive of her having assembled so large a cordon.
April 3.
"BEVERLY, 2d April, 1805."
"This morning arrived here the brig Harriet, Josiah Lovet, master, in 45 days from Marseilles (south of France) was boarded when passing the Straits of Gibraltar, and acquainted that Gibraltar was besieged. Captain L. informs, that about 3 weeks before he sailed from Marseilles, the Toulon fleet put to sea— was out a number of days, and had re- turned, bringing in with them an English cutter. Two frigates of the fleet were missing, supposed to have been taken."
MARTINSBURG, April 19.
Died, on Monday morning the 18th instant, Mr. WILLIAM HANNAH, of this County, whose unbounded goodness of heart, humanity and probity, did ho- nour to the Man and to the Farmer:— While affection can retain a remembrance of the virtues of so sincere a Friend, so good a Citizen, gratitude must yield the heart-felt tribute of his respecta- ble memory.—Federalists, ye have cause to mourn his loss, for he was yours.
AN inhabitant of Berkeley, who is not entitled to a vote, but deeply inte- rested in the event of the election from a wish to have the County respectably represented in the State Legislature, presents his compliments to the voters of said County, requests them candidly to investigate the characters offered to re- present them. Philip C: Pendleton is indubitably a young man of talents— George Portefield a respectable farmer, both native citizens; these men, assur- edly are bound to the country by every tie. John Gray a foreigner, said to be a man of talents, but decidedly a consum- mate blockhead; Matthew Ransone, a young man of few acquirements and those of the lower order, his knowledge and reading extend so far as to know that a still tongue makes a wise head and will not puzzle us with his opinions on poli- tical subjects.—Look upon these two pictures drawn from the life—divest yourselves of party spirit—coolly deli- berate and decide to which you ought to give your votes;—must the country be represented by men of talents who will do honour to your selection;—or by blunderbusses who if elected as certain as fate will bring contempt on themselves and you, economy appears to be the or- der of the day, would it not be cheaper (safer no doubt it would be) to employ some ingenious mechanic to make two Automatons, and have them sent on to represent you, in preference to men so illly calculated for the station they aspire to hold.
Loudon County Election.—Commen- ced on Monday last. On closing the polls the votes for member of Congress were—
J. LEWIS 514 W. ELSEY 236
Majority for Lewis 278
Deducting from the above majority, Mr. Elsey's majority in Prince William (105) Mr. Lewis will have, in the two counties, a majority of 173. In Fair- fax, the only county now to be heard from, the democratic majority being ve- ry small, there can be no doubt of Mr. Lewis's re-election.
Burd Powell, and William Noland. Esqs. (both Federalists) are elected to the assembly.
[Fred. T. Herald of Apl. 13.]
From the Commercial Advertiser.
Governor M c Lean We have had fre- quent occasion to admire the sound judgement, and the independent and dig- nified conduct of this gentleman. We have now to record a recent measure, which, when the existing circumstances are taken into view, will be found not less honourable to his character, than those formerly noticed.
It is well known that a favorite object of the revolutionists in Pennsylvania is to lessen the powers and abridge the pri- vileges of the governor. The patronage of the executive is to them a fruitful theme of denunciation and remonstrance. Its aristocratic and dangerous tendency is one of their strong grounds for calling a convention to amend, or rather destroy, the constitution.
It is also known, that the legislature has attempted in many instances, to thwart and perplex the measures and to wound the feeling of the executive.
A Bill "to alter the mode of appoint- ing the comptroller general and the re- gister general" has lately passed both houses of the legislature. Agreeably to the letter and spirit of the constitution, those officers, for fifteen years have been appointed by the executive. This bill is intended to deprive the chief magis- trate of a constitutional privilege, and to vest the appointment of those officers in the legislature. The governor, howe- ver, not to be driven from the path of duty by newspaper denunciation, nor by legislative artifice, has refused to give it his sanction; and has returned it, toge- ther with his objections, to the Senate and House of Representatives. His ob- jections are, that the bill is unconstitu- tional, and, in his view, inexpedient. Hav- ing discussed these at considerable length he concludes with the following passages:
"Having been a member of as many Congresses, conventions, legislative as- semblies, and other public bodies; as perhaps any gentleman in the United States; permit me to declare, that from all my experience and observation, a large public body is not so well qualified to select the best characters for subor- dinate offices as a single person, responsi- ble, unfettered and independent."
"The precedent being once establish- ed of the two houses of assembly, as- suming to themselves the power of ap- pointing executive officers, "many an error of the same example will creep into the state."
"I have no ambition for power; but I trust, I shall be excused in holding it as a sacred duty, to transmit the constitu- tion (which approaches as near to per- fection as any that ever did, or does now exist in the world) to my successor, un- impaired and unshackled by any act of mine."
Captain Bowyer, in 12 days from Cape-Francois, informs, that an army of Blacks of 6,000 men, under the com- mand of Dessalines, arrived at St. Jago on the 25th of February; and after a se- vere engagement of one hour and an half with a Spanish army of 1,500 men, suc- ceeded in taking the place; and put all the whites, including women and chil- dren, to the sword. The next day Des- salines marched for the city of St. Do- mingo. [N. York Gaz.
Mr. ALBURTIS, SIR,
IN answer to some ill natured questi- ons and unfounded assertions in your last paper, I say that I did much more than comply with the several requisitions and laws of our country during the revo- lutionary war, for having purchased a farm in Monongalia County in 1772, three years before the commencement of hostilities, and another in 1773, with considerable improvements, having also opened a store of dry goods and groce- ries at the house of Jacob Prickett in said county, to supply which and improve my farms required my particular atten- tion in that country. I was soon after the commencement of the war, enrolled in Capt. Lewis Rogers' company, in Col. Evans' battallion, and elected, first ser- jeant; I not only did duty in that stati- on, but also served a three months tour with a command of 12 men, at an ad- vanced and dangerous station on the frontiers. I was also one of the select committee of that county, who, amongst other things, tried tories, and amerced
some of them in heavy fines. I assisted in enlisting men for the regular army in that part of the country; I also assisted my brother David in enlisting his quota of men in this county, and when on a mission from Col. Morgan, Lieut. of Monongalia County, to the Governor of Virginia, then at Williamsburg, at that time the seat of Government, the Indians having killed some families in the neigh- bourhood of my farm, my family (con- sisting of two youngest brothers, two sisters and a child of my oldest sister's) moved down to Berkeley, where I met and settled them, and after finishing the business of said mission, and arranging my business in that country as well as the distracted situation of affairs would admit, I came and settled myself again in Berkeley, and enrolled myself in Capt. James Buckles' company, stood my draft, paid my share of the contribution for clothing the troops, and moreover gave some clothing gratis, and also gave a valuable horse, the only one I had left, to a substitute; and always was forward in contributing my mite for the advance- ment of the cause, and never in my life gave a preference to the British govern- ment over that of the United States, un- less that an inconsiderate expression once uttered since president Jefferson's election might be so construed, when speaking of the advantages of the present over that of the Adams administration. As it is a trite adage that a tyrant at home is more oppressive than one at a distance, and as that administration was advancing with hasty strides to despotic power, by arbitrary measures of alien and sedition laws, stamp duties, excis- es and direct taxation, in imitation of the British government; that perhaps it might be easier living in the Canadian government, at a great distance from their king, than it might be under a ty- ranical government at home, especially if those enormities had kept the pace with which they had begun. As to the silly questions if I had paid my taxes regular- ly, I aver that I always did, and appeal to all the officers, civil or military, under whose jurisdiction I resided, whether I have not paid my taxes and performed every requisition, with as much alacrity, promptitude and punctuality as most men; and do hereby defy all my ene- mies to prove any thing contrary to these assertions; nor had I any difference with any friend on those subjects; but as it has been so often asserted that I differed with my brother David, let the follow- ing certificate, deliberately signed by my brother and his wife, testify:
"Whereas it hath been industriously circulated that I said my brother John was a tory, I confess that when I first heard of his proposals for a candidate, I said with an air of levity that I thought my brother John had better stay at home and mind his stills; but I do not recol- lect of ever saying that his principles were in the least inimical to republican principles; on the contrary I know that his principles were of the true republican character, ever favorable to liberty and equality, and that however we may have differed in smaller matters, there always subsisted between us the greatest cordi- ality of sentiment, harmony and friend- ship on the main leading points; and that there never existed the least animo- sity between us from our infancy, and that there always have continued a mu- tual and reciprocal exchange of friendly and brotherly offices betwixt us. (Signed) DAVID GRAY." 1st April, 1798.
Test, ELIZABETH GRAY.
And now Mr. Alburtsis to conclude this disagreeable business of self defence, I would propose to your readers generally, and to my calumniators particularly, who are no doubt men respecting order and religion, to read the following texts of scripture, which tho' they may have read frequently, I presume they never take any notice of their meaning, but perhaps when particularly quoted they may make some impression. The first quotation I shall take the liberty of making is the three first verses of the 15th Psalm.— "Lord, who shall abide in thy taberna- cle? who shall dwell in thy holy hill. He that walketh uprightly and worketh righteousness, and speaketh the truth in his heart. He that backbiteth not with his tongue, nor doeth evil to his neigh- bour, nor taketh up a reproach against his neighbour." See also 2 Peter II. 9, 10, Jude VIII. Rom. XIII. 1, 5, but not to multiply texts further. I will conclude with a short prayer of our Sa- viour's. "Father forgive them for they know not what they do."
JOHN GRAY.
April 15, 1805.
Spring and Summer Goods.
THE subscriber begs leave to inform his friends and the public, that he has removed his Store to the corner house lately occupied by Messrs. T. Smith & Co. where he has now opened and ready for sale, in addition to his former stock,
A Large and General Assortment of SPRING and SUMMER GOODS, which will be sold unusually low for Cash or Country Produce. JAMES FAULKNER. Martinsburg, April 15, 1805.
Fresh Spring Goods.
The subscribers have just received from the City of Philadelphia, and are now opening an extensive assortment of
Fresh Fancy Goods,
Consisting of Callios, Chintzes, Di- mitties, Laced and Plain Cambrick Mus- lins, Leghorn, Willow and Chip Bon- nets, Willow Flats, fashionable Crapo Bonnets, fancy Ribbons, Lutestrings, Wreaths and artificial Flowers, and a quantity of elegant Damask Silk Shawls, &c. &c.—They have also on hand Bar- Iron, Castings and Steel; which they are selling uncommonly cheap for cash. SELBY & CROW. Shepherd's-Town, April 19, 1805.
Will be exposed to public sale on Friday the 19th inst. at the dwelling house of Alexander Riely, at the head of Bull- skin, Jefferson County.
HORSES, Cattle, Hogs and Sheep, Corn, Household and Kitchen Furniture, Farming Utensils, and a number of articles too tedious to enum- erate. A credit of six months will be gi- ven for all sums above five dollars, the purchaser giving bond with approved se- curity. The sale to begin at ten o'clock. Due attendance will be given and the conditions of sale made known by JAMES & ALEXANDER RIELY. April 19, 1805.
HOTSPUR,
WILL stand at my stable this Sea- son to cover mares at four dollars the season, the money to be paid on the 15th of October next; seven dollars to insure a colt, the money to be paid when the mare is known to be with foal, and one dollar and an half the single cover, the money paid down. Good clover pasture will be furnished for mares that come from distant places, at 25 cents per week, but I will not be responsible for accidents or escapes.
Hotspur is a fine bay, with a black stripe from his mane to his tail, sixteen and an half hands high, with bone in proportion, five years old the 19th day of this month. He was got by the Aes- opys ball, purchased for, between five and six hundred dollars, in Maryland, by Mr. James Foreman—his dam was purchased by me, for two hundred dol- lars of James Moore, who told me, he was got by Hotspur, imported by Col. Clarke in Pennsylvania, and was a mix- ture of the Hunter and Dray breeds. No horses are more useful to the inhabitants of this valley, than those who combine strength and activity together. W. PENDLETON. April 19, 1805.
N. B. The season has commenced, and will continue till the last of June. W. P.
TO BE SOLD,
A VALUABLE PLANTATION and tract of Land, containing one hundred and fifty-nine acres and a half, by deed, lying on the drains of Middle- Creek, in Berkeley County, adjoining the land of Capt. Jas. Campbell, John Lee and John Gray, there are on the premises, a convenient Farm House, good Barn, a number of bearing Apple Trees, that seldom miss bearing, about seventy acres of clear land, inclosed in five fields, the remainder well clothed with Timber. For terms apply to the subscriber living on the premises. JOHN CROTHERS. March 22, 1805.
N. B. There is convenient to the house, a never failing Well of excellent Water with a new Pump.
A variety of BLANKS for sale at this Office.

ROBERT MORROW,
BOOT & SHOE MAKER,
RESPECTFULLY informs the inhabitants of Martinsburg and its vicinity, that he has commenced the above business in this town, in the house lately occupied by Mr. J. Adamson, nearly opposite to Mr. C. D. Stewart's, where he will thankfully receive any commands in his line, and engages to execute his work in such a manner as shall give entire satisfaction to his employers. Gentlemen may be furnished on a short notice with the most fashionable Boots, of every description, &c. —and ladies work of every kind will be executed with the greatest taste and in the most fashionable stile.
April 12, 1805.
TAKE NOTICE.
THOSE indebted to the subscriber are informed that their respective obligations and accounts are lodged in the hands of Maj. Elisha Boyd for collection; and it is expected they will be discharged previous to May Court, at which time he intends to return to Martinsburg.
THOMAS PATTERSON.
April 12, 1805.
I HAVE had in my possession, since the 20th of March, a MARE of a light brown colour, about 15 hands high, 7 or 8 years old, is a natural trotter, one of her hind feet white, three small saddle marks; and new shoes on her fore feet, which mare I got in a swap from a person who called himself John Surk, and after the swap had taken place, he was suspected of having stolen the mare, and on his examination before a magistrate, he confessed he had escaped from the wheel barrow in Maryland; and he made his escape before he could be further prosecuted, leaving both the horse he swapped for and the above described mare with me. The said mare has been appraised according law, and valued at 80 dollars. As it is probable the said mare was stolen, the owner may have her again by proving property and paying charges.
HUGH DAVIDSON.
Mill-Creek, Berkeley County, April 12, 1805.
The subscriber will sell at public vendue, on Monday the 29th instant on the premises, a
Valuable Tract of Land,
Situate at the Bridge on Opequon Creek, on the main road leading from Martinsburg to Shepherd's-Town, 2 miles from the former and 7 from the latter place, in Berkeley County—This tract contains 375 acres, more than 200 of which are cleared, about 70 acres of good Bottom land, all of which can easily be converted into Meadow—The above tract will be divided into two equal parts, and sold separately. The terms will be one half the purchase money in hand, the other half in twelve months. This tract is free from any encumbrance, and a clear and indisputable title will be made the purchaser. Possession may be had immediately.
DANIEL VAN METRE.
April 12, 1805.
The elegant full-bred Horse, CLOYTO,
WILL stand this season at the stable of Mrs. Eckhart in Shepherd's-Town, Jefferson County, at the low rate of 8 dollars the season, to be paid against the 1st of September next, but 6 dollars will be taken in lieu of the 8 if paid within the season, and 12 dollars for insurance, to be paid as soon as the mare is known to be with foal, disposing of the mare forfeits the money whether she is with foal or not. The season has commenced and will end the 1st of July. His colts meet with the approbation of the people generally, and are considered superior to any others in this county—Cloyto will stand the first day of the election at Mr. Grove's stable in Martinsburg.
MACKY MCULLOH.
April 12, 1805.
Lewis & Robert Willis,
Have just received and are now opening
a variety of
SPRING and SUMMER GOODS,
Selected from the newest and most fashionable importations, together with a general assortment of
Queen's Ware, Glass Ware, Hard Ware, Saddlery & Cutlery. They have also on hand, Imperial, French Brandy, Hyson, Sherry, Hyson Skin, Port & Wines, Souchong & Lisbon, Bohem, Holland Gin, Country twilled N. E. Rum, Bags, Rye Whiskey, & Spinning Cotton, Apple Brandy, Crowley and Blistered Steel, &c. &c.
All of which they are determined to sell unusually low for Cash, or approved of Country Produce. They are with much respect, the public's obliged and humble servants.
Martinsburg, April 12, 1805.
A List of Letters remaining in the Post Office, Shepherd's-Town, on the 1st of April, 1805, which if not taken out before the 1st of July next, will be sent to the General Post Office as dead letters.
B. Zadoc Blames. Henry Barnhart. John Briley. Matilda Brown. C. Thomas Cocks. Henry Cookus, 2. Abraham Cox. John Campbell. D. Edward Dilman. F. Henry Ferman, care of M'Curran. H. William Haines. Mary Holladay. Abraham Hiveley. Valentine Hill.—John Hewitt, 2. L. Michael Lehle. Robert Lemon. M. John Melvin. James M'Kisick. James M'Gee. Christian M'hupey.—Thomas M'Cance. Abraham Morgan. N. Reuben Newkirk. R. Robert Russell. S. Stephen Shaw. David Sugar. T. Anthony Turner. U. John Unsell. W. Solomon Williams. Mary Williamson. Adrian Wincoop. JAMES BROWN, P. M.
TO BE SOLD,
PURSUANT to a Deed of Trust executed to the subscriber by Van Rutherford, to secure the payment of a certain sum of money, in the said deed acknowledged to be due from him to Joseph Chambers, a certain Lot of Land in the town of Shepherd's-Town and County of Jefferson, known in the plan of said town by No. 129, on which there is a good Dwelling House. Kitchen, &c.—Also one Lot of Land in the town of Charles-Town and County aforesaid, known in the plan of said town by No. 16, on which there is a good Dwelling House and some out Houses.—Also one half of Lot No. 5, and one half of Lot No. 6, in said town of Charles-Town. The abovenamed Lot in Shepherd's-Town, with its appurtenances, will be set up for sale, on the premises, to the highest bidder for ready money, on Friday the 17th day of May next, those in Charles-Town on the day following, to wit, the 18th May next, the sale to commence at 12 o'clock each day.
MATTHEW RANSONE, Trustee.
April 12, 1805.
The subscriber has a number of well-finished
CLOCKS,
Which he will warrant for ten years, some of which have elegant Cases, that he will dispose of on advantageous terms, for good paper, or on a credit of six or nine months.—He continues the Clock making and Watch repairing business.
He has also for sale, a number of Silver
WATCHES,
Of various kinds and prices. REES BRANSON.
Martinsburg, April 12, 1805.
A LARGE QUANTITY OF FRESH
Clover Seed
for sale, by JEREMIAH EVANS. Martinsburg, March 29, 1805.
REMOVAL.
THE subscriber respectfully informs his friends and the public, that he has removed his store to the corner stone house near the Court-House, formerly occupied by E. Berson & Sons, and lately by Mr. Jeremiah Evans, where he has on hand a large assortment of
Dry Goods, Groceries, Liquors, &c.
In addition to which he has just received, a very large and well-selected assortment of
Bar-Iron, Plow-Irons, &c.
Also—a quantity of Weaver's REEDS, of all sizes.
THOMAS C. SMITH. Martinsburg, April 5, 1805.
NOTICE is hereby given, that a dissolution of the partnership of Philis Brady & John M'Kiernan, took place on the first day of the present month, by mutual consent, all persons therefore indebted to the said firm, will please call on Philis Brady, who is authorised to settle all the affairs of the said firm, and discharge their respective accounts.
PHILIS BRADY, JOHN M'KIERNAN.
April 5, 1805.
Philis Brady
Respectfully informs her old customers and the public generally, that she has again rented (on her own account) the Indian Chief Tavern, in the Main street Martinsburg, where she is well provided with every thing necessary for the genteel accommodation of all who may please to favor her with a call, and hopes, from her endeavours to give satisfaction, to merit a continuance of public custom.
NOTICE.
BY virtue of a deed of trust executed to the subscriber by Phinehas Gabb, will be offered for sale, on the premises, for cash, on Saturday the 20th instant, one Lot of Ground with the improvements thereon, lying and being in Darkesvills, in the County of Berkeley. This deed of trust was executed for the purpose of securing a debt due to Jesse Brown, as stated in said deed.
ELISHA BOYD.
April 5, 1805.
Fresh Spring Goods.
THE subscribers respectfully inform their friends and the public, that they are now opening an extensive and complete assortment of FRESH Spring GOODS, of every description, which they are selling cheap.
JAMES & JOHN LANE. Shepherd's-Town, April 5, 1805.
THE subscriber intending to leave this County in a few days, informs the public that he shall return the last week in May next, when he intends to make a final settlement of his affairs in this country—Those having claims against him, will then find him at Mr. John M'Clary's tavern in Martinsburg, where, it is hoped, all indebted to him, will call and settle their accounts.
WILLIAM PATTERSON. April 5, 1805.
NOTICE.
AS guardian for Robert Lyle, sundry obligations (given for property purchased at the sale of the estate of Robert Lyle, dec.) have come into my hands, which, if not paid before the 10th day of May next, will be put into the hands of an attorney for collection.
JAMES CAMPBELL, Guardian. Middle-Creek, March 22, 1805.
WANTED IMMEDIATELY,
AS an Apprentice to the Printing Business, a lad from twelve to sixteen years of age, of industrious habits, of moral conduct, and whose connections are respectable. One from the country would be preferred.
J. ALBURTIS. Intelligencer Office, March 8, 1805.
Smith's Shop to rent.
THE subscriber has to rent a Smith's Shop, with a Dwelling House adjoining, in a good situation for a Blacksmith—The terms will be made easy. ROBERT SNODGRASS.
Back Creek, March 29, 1805.
YOUNG MEDLEY
WILL stand this season at the subscriber's plantation near Martinsburg (on which Capt. M. Tate lately lived) and cover mares at five dollars the season, one dollar and a half cash the single leap, and eight dollars to insure a foal. The money for the season to be paid the 15th of September, and for insurance when the mare proves with foal.
Young Medley is a handsome iron gray, fifteen and a half hands high and four years old in May next. He is elegantly formed, and has every mark of a good horse. The following pedigree will shew from what stock he is descended.
Young Medley was foaled in May, 1801, his dam by Federal, who's sire was the imported St. George, his grand dam by Spott, imported by Mr. Ralph Wormley of Richmond county; his sire Florizel, who's sire was gray Diomed, bred by Mr. John Taylor of Mount Airy, the sire of Diomed was the imported Medley, Florizel's dam Louiza by Harris's Eclipse, which is the dam of the celebrated Cup Bearer. The above is an exact copy of Young Medley's pedigree. Given under my hand this 22d day of March, 1805.
PROVINCE M'CORMACK.
The season will begin the first of April and end the first of July. Great care will be taken of mares put to Medley, but I will not be answerable for accidents. Pasturage may be had for mares coming from a distance.
ABRAHAM GORRELL.
March 29, 1805.
Public Sale.
Will be exposed at public sale, on Friday the 19th day of April next, at the subscriber's dwelling house in Shepherd's-Town, Jefferson County, the following Property, viz.
THE HOUSE and LOT, which I now occupy, being on the Main Street in said town; the house is very convenient and nicely finished, the Lot a full one with a number of choice fruit trees on it; one active, strong young horse, suitable either for the saddle or gears; one excellent Milch Cow; some Feather Beds and Bedding; one Ten Plate Stove with the pipe belonging thereto; one fashionable walnut Corner Cupboard, with a number of other articles unnecessary to mention. The sale to begin at ten o'clock, A. M. and continue from day to day until the whole is sold. A credit of eight months will be given on all sums above eight dollars, on the purchaser giving note with approved security.
GEORGE OX.
Shepherd's-Town, March 22, 1805.
FOR SALE,
A PLANTATION, containing about 180 acres, about 100 of which are cleared; there is a convenient Dwelling House and Kitchen and a good Barn on the premises; near the House is a Well thirty feet deep, which never goes dry when kept clean; on one part of the Plantation there is a large and excellent Spring.—The Land is of a superior quality; it lies on the road leading from Martinsburg to Boyd's Ferry, and is about six miles from the former place.—For terms apply on the premises, or to the subscriber in Martinsburg.
IGNATIUS PRICE.
January 25, 1805.
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.