Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1805-03-29 00:00:00

Berkeley and Jefferson Intelligencer.
[No. 45 of VOLUME VI.]
FRIDAY, March 29, 1805.
[WHOLE No. 305]
WE are authorised to inform the Freeholders of Berkeley County, that GEORGE PORTERFIELD, Esq. and PHILIP C. PENDLETON, Esq. will be Candidates at the next election of Representatives for this County in the State Legislature.
We are authorised to inform the Citizens of Berkeley, Jefferson and Hampshire Counties, that Maj. JAMES STEPHENSON has consented at the request of a number of his friends, to be a candidate at the ensuing Election for a Representative for this District in the next Congress of the United States.
We are authorised to inform the Freeholders of this County, that Mr. JOHN GRAY and Captain MATTHEW RANSONE, will be candidates at the ensuing election of Representatives for Berkeley County in the State Legislature.
March 1, 1805.
To the Freeholders of Jefferson County.
FELLOW CITIZENS.
I OFFER myself as a Candidate at the ensuing election to represent you in the State Legislature.
I am, Gentlemen, with much respect, your most ob. servt. JOSEPH CRANE.
March 8, 1805.
George Tate
RESPECTFULLY informs the inhabitants of Jefferson County, that he will offer himself as a Candidate at the next Election; and if chosen, will, as heretofore, again faithfully represent them in the next General Assembly of this State.
March 15, 1805.
To the Citizens of Jefferson, Berkeley and Hampshire Counties.
I HAVE consented, at the request of a number of my friends, to become a candidate at the ensuing election for a representative for this district in the Congress of the United States; and now solicit your patronage. It has hitherto been so much the custom to travel through the district, to solicit votes, that for me to omit that part of the business, might probably give occasion of offence to some—I will therefore devote as much time as can be spared for that purpose; flattering myself at the same time, that those gentlemen whom I cannot visit previous to the election, will not impute it to any want of respect for them, more than others; but to the want of sufficient time to make such a tour. As I would rather lose my election, than gain it by any unfair means; my opponent and his friends may rest assured, that no ungentlemanly or improper conduct on my part, will be resorted to, for the purpose of obtaining success; and I flatter myself, that I shall be treated with the delicacy which I am determined to exercise towards my competitor.
I am fellow Citizens, with due respect, your obedient servant, JOHN MORROW.
Shepherd's-Town, } February 12, 1805.
The following BLANKS, printed with NEW and ELEGANT TYPE, are always kept for sale at this Office: DEEDS, Common BONDS, Apprentices INDENTURES, Promissory NOTES, &c. &c. &c.
NOTICE.
THE subscriber respectfully wishes to inform his customers and the public, that he has lately removed his Store to that eligible and commodious stand adjoining the Court House, fronting on Queen street and the public square, lately occupied by James Anderson, Esq. where he intends carrying on the Mercantile business.
He has just received a large additional supply of Dry Goods and Groceries.
The ladies and gentlemen of this town and its vicinity, will please to accept my thanks for all former favours conferred, and I hope to merit a continuation of their custom.
He has BLANK BOOKS for sale. JEREMIAH EVANS. Martinsburg, March 8, 1805.
THE subscriber has lost the following Books, viz. the 3rd Volume of the Series; 1st and 2nd volume of Alameda; 1st, 2nd, 3rd, and 7th volumes of Clarissa Harlow; Bruce's travels to the source of the Nile, bound in blue paper; the Investigating committee's report on the state of the finances, &c. of the session before last, exhibiting the state of the outstanding, undated claims and balances due the United States, stitched in strong white pasteboard.
Any person who has borrowed, or who may now have in possession, any of the above Books, are requested to return them immediately.
JAMES FAULKNER. Martinsburg, March 8, 1805.
ONE DOLLAR REWARD.
RAN away from the subscriber on Tuesday the 5th inst. an apprentice boy to the blacksmith's business, named Daniel M'Quillen; he is about 19 years of age, is 5 feet 5 or 6 inches high, rather slender, and has short fair hair; had on a gray broad cloth coat, drab cloth pantalettes, black cassimere waistcoat, a wool hat, pale blue stockings and coarse shoes. One dollar reward will be paid to any person who will apprehend and return said boy to the subscriber, living near Hoke's stillhouse five miles from Martinsburg.
N. B. All persons are hereby cautioned against harbouring, or in any manner employing said runaway.
BENJAMIN M'ALISTER. March 8, 1805.
FOR SALE,
A VALUABLE FARM containing near four hundred acres, in the County of Jefferson, situated between Charles-Town and Shepherd's-Town, and about three miles from the Potomac river. A more particular description is deemed unnecessary, as it is presumed whoever inclines to purchase will first view the premises. This Tract may be divided to suit any person who may wish to purchase a less quantity than the whole. Possession may be had immediately. For terms apply to the subscriber living in Charles-Town, Jefferson County.
JOHN DIXON. March 8, 1805.
LOFTY.
THE noted Horse Lofty will stand the ensuing season at Martinsburg, and cover mares at six dollars the season, and thirty seven cents to the groom. This Horse is three-fourths of the Arabian or racing blood, and one-fourth of the Drawn Horse pedigree will hereafter be made known, if necessary. He will be shewn at next Court, which, it is presumed, will supercede the necessity of any further recommendation.
D. HUNTER. March 15, 1805.
WANTED IMMEDIATELY,
AS an Apprentice to the Printing Business, a lad from twelve to sixteen years of age, of industrious habits, of moral conduct, and whose connections are respectable. One from the country would be preferred.
J. ALBURTIS. Intelligencer Office } March 8, 1805.
Dr. J. P. Harris,
ONCE more requests all who are indebted to him, to come in immediately to settle their accounts, either by paying them off, or by giving their notes for want may be due. Being much pressed for money himself, he hopes this request will be deemed reasonable and speedily complied with—His affairs are in such a train, that no longer indulgence can possibly be given. February 22, 1805.
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 Copr. Attest, DAVID HUNTER, C.B.C.
I DO hereby caution all persons from purchasing a bond of 318 dollars, dated December last, of Daniel Welshans, the greater part thereof being paid, as I am determined not to pay the same over again.
JACOB SHUH. March 15, 1805.
FOR SALE, a well-improved
Plantation,
On Middle Creek, near Darkesville, Berkeley County, containing about two hundred acres, whereon Mr. Edward Chapman now lives, for which a general warrantee will be made to the purchaser, and which if not sold before the 20th day of March, will be rented for one year and possession given on the first day of April next. The terms will be made known upon application to the subscriber.
PETER LAWSON.
March 1, 1805.
BY virtue of a decree issued from the District Chancery Court held at Sauton, in the case of William Hodgson against James M'Donald, will be offered at public sale on Saturday the sixth day of April next, at two o'clock in the afternoon, on the premises, for ready money, half a Lot of GROUND, lying on King's street, in the town of Martinsburg, whereon are standing several useful improvements, a good looking two story STONE DWELLING HOUSE, containing six rooms with some pains bestowed on their inside work, with a cellar under the whole, a Kitchen and other common appendant buildings, with a well on the premises, though it probably does not afford water at all seasons of the year, yet it is useful for the preservation of fresh provisions. This property is perhaps best known by the name of Duncan's stone house.
ELISHA BOYD, MATTHEW RANSONE, EPHRAIM GAITHER, Commissioners.
February 22, 1805.
More Fresh Goods.
The subscriber begs leave to inform his friends and the public generally, that he has just received, and is now opening, a very handsome assortment of
GOODS,
suitable for the present and approaching season, which, in addition to the Stock purchased from the late firm of Smith & Co. makes his assortment complete—which he is determined to sell unusually low for Cash.
THOMAS C. SMITH. Martinsburg, February 22, 1805.
Winter Goods and Groceries.
THE SUBSCRIBER
Has just received and finished opening, (part from Philadelphia and part from Baltimore,) a very large supply of
Choice Winter Goods and Groceries,
Which, in addition to his former stock, makes his assortment more complete than ever, consisting of almost every article in the Dry Goods and Grocery line, too numerous to particularise—all which he begs leave to offer his friends and the public in general, at the most reduced prices for CASH or COUNTRY PRODUCE, or on the usual credit to punctual customers.
WARRANTED
Bolting Cloths,
Superfine, Common and Middling, of the first quality, for sale on the usual terms.
N. B. He offers the highest price in Cash, for Wheat, Rye, Corn, Oats, or Flax-Seed.
With the greatest esteem, He remains the public's ob. and humbl. servt.
PHILIP NADEBOUSCH. Martinsburg, January 11, 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. Enquire of the Printer.
January 11, 1805. (wt)
In the Senate of the United States, SITTING AS A High Court of Impeachment,
ON THE 4th day of February, A. D. 1805. The United States vs. Samuel Chase.
[Judge Chase's Defence continued.]
But this juror had formed no opinion about the guilt or innocence of the party accused; which depended on four facts wholly distinct from the opinion which he had formed. First, whether the contents of the book were really such as had been represented to him? Secondly, whether they should on the trial, be proved to be true? Thirdly, whether the party accused was really the author or publisher of this book? And fourthly, whether he wrote or published it "with intent to defame the President or to bring him into contempt or disrepute, or to excite against him the hatred of the good people of the United States?"—On all these questions, the mind of the juror was perfectly at large, notwithstanding the opinion which he had formed. He might consistently with that opinion, determine them all in the negative; and it was on them that the issue between the United States and James Thompson Callender depended. Com

sequently this juror, notwithstanding the opinion which he had thus formed did stand indifferent as to the matter in issue, in the legal and proper sense, and in the only sense in which such indifference can ever exist—and therefore his having formed that opinion, was not such an excuse as could have justified the court in discharging him from the jury.
That this juror did not himself consider this opinion as an opinion respecting the matter in issue," appears clearly from this circumstance, that when called upon to answer on oath, "whether he had expressed any opinion as to the matter in issue?" he answered that he had not. Which clearly proves that he did not regard the circumstance of his having formed this opinion, as a legal excuse, which ought to exempt him of right from serving on the jury; but merely suggested it as a motive of delicacy, which induced him to wish to be excused. To such motives of delicacy, however commendable in the persons who feel them, it is impossible for courts of justice to yield, without putting it in the power of every man under pretence of such scruples, to exempt himself from those duties which all the citizens are bound to perform. Courts of justice must regulate themselves by legal principles, which are fixed and universal; not by delicate scruples, which admit of endless variety, according to the varying opinions and feelings of men.
Such were the reasons of this respondent, and he presumes of his colleague the said Cyrus Griffin for refusing to excuse the said John Basset, from serving on the jury abovementioned. These reasons and the decision founded on them he insists were legal and valid. But if the reasons should be considered as invalid, and the decision as erroneous, can they be considered as so clearly and flagrantly incorrect, as to justify a conclusion that they were adopted by this respondent, through improper motives? are not these reasons sufficiently strong, or sufficiently plausible, to justify a candid and liberal mind in believing, that a judge might honestly have regarded them as solid? Has it not been conceded by the omission to prosecute judge Griffin for this decision, that his error, if he committed one, was an honest error? Whence this distinction between this respondent and his colleague? And why is that opinion imputed to one as a crime, which in the other is considered as innocent?
And the said Samuel Chase for plea to the said second article of impeachment, saith, that he is not guilty of any high crime or misdemeanor, as in and by the said second 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 third article of impeachment alleges that this respondent "with intent to oppress and procure the conviction of the prisoner, did not permit the evidence of John Taylor, a material witness in behalf of the said Callender, to be given in, on pretence that the said witnesses could not prove the truth of the whole of one of the charges, contained in the indictment, although the said charge contained more than one fact."
In answer to this charge, this respondent begs leave to submit the following facts and observations.
The indictment against James Thompson Callender, which has been already mentioned, and of which a copy is exhibited with this answer, consisted of two distinct and separate counts, each of which contained twenty distinct and independent charges, or sets of words. Each of those sets of words was charged as a libel against John Adams, as president of the United States—and the twelfth charge embraced the following words, "He (meaning president Adams) was a professed aristocrat; he proved faithful and serviceable to the British interest." The defence set up was confined to this charge, and was rested upon the truth of the words. To the other nineteen charges, no defence of any kind was attempted or spoken of, except such as might arise from the supposed unconstitutionality of the sedition law—which, if solid, applied to the twelfth charge, as well as to the other nineteen. It was to prove the truth of these words, that John Taylor, the person mentioned in the article of impeachment now under consideration, was offered as a witness. It can hardly be necessary to remind this honourable court, that when an indictment for a libel contains several distinct charges, founded on distinct sets of words, the party accused, who in such cases is called the "traverser," must be convicted, unless he makes a sufficient defence against every
charge. His innocence on one, does not prove him innocent on the others. If the sedition law should be considered as unconstitutional, the whole indictment, including this twelfth charge, must fall to the ground, whether the words in question were proved to be true or not. If the law should be considered as constitutional, then the traverser, whether the words in the twelfth charge were proved to be true or not, must be convicted on the other nineteen charges, against which no defence was offered. This conviction on nineteen charges, would put the traverser as completely in the power of the court, by which the amount of the fine and the term of the imprisonment were to be fixed, as a conviction upon all the twenty charges. The imprisonment could not exceed two years, nor the fine be more than two thousand dollars. If then this respondent were desirous of procuring the conviction of the traverser, he was sure of his object, without rejecting the testimony of John Taylor. If his temper towards the traverser were so vindictive, as to make him feel anxious to obtain an opportunity and excuse for inflicting on him the whole extent of punishment permitted by the law, still a conviction on nineteen charges afforded this opportunity and excuse, as fully as a conviction on twenty charges. One slander more or less, in such a publication as the "Prospect Before Us," could surely be of no moment. To attain this object, therefore, it was not necessary to reject the testimony of John Taylor.
That the court did not feel this vindictive spirit, is clearly evinced by the moderation of the punishment, which actually was inflicted on the traverser, after he was convicted of the whole twenty charges. Instead of two thousand dollars, he was fined only two hundred, and was sentenced to only nine months imprisonment, instead of two years. And this respondent avers, that he never felt or expressed a wish to go further; but that in this decision, as well as in every other given in the course of the trial, he fully and freely concurred with his colleague, judge Griffin.
As a further proof that his rejection of this testimony did not proceed from any improper motive, but from a conviction in his mind that it was legally inadmissible, and that it was, therefore, his duty to reject it, he begs leave to state, that he interfered, in order to prevail on the district attorney to withdraw his objection to those questions, and consent to their being put; which that officer refused to do, on the ground "that he did not feel himself at liberty to consent to such a departure from legal principles."
Hence appears the utter futility of a charge, which attributes to this respondent a purpose as absurd as it was wicked; and without the slightest proof, imputes to the worst motives in him the same action, which in his colleague is considered as free from blame. But this respondent will not content himself with showing, that his conduct in concurring with his colleague in the rejection of John Taylor's testimony, could not have proceeded from the motives ascribed to him; but he will show that this rejection, if not strictly legal and proper, as he believes and insists that it is, rests on legal reasons of sufficient force to satisfy every mind, that a judge might have sincerely considered it as correct.
The words stated as the ground of the twelfth charge abovementioned, are stated in the indictment as one entire and indivisible paragraph, constituting one entire offence. This respondent considers them at the trial, and still considers them, as constituting one entire charge, and one entire offence; and that they must be taken together in order to explain and support each other. It is clear that no words are indictable as libellous, except such as expressly, or by plain implication, charge the person against whom they are published with some offence either legal or moral. To be an "aristocrat," is not in itself an offence, either legal or moral, even if it were a charge susceptible of proof; neither was it an offence either legal or moral, for Mr. Adams to be "faithful and serviceable to the British interest," unless he thereby betrayed or endangered the interests of his own country; which does not necessarily follow, and is not directly alleged in the publication. These two phrases, therefore, taken separately, charge Mr. Adams with no offence of any kind; and, consequently, could not be indictable as libellous; but taken together, they convey the implication that Mr. Adams, being an "aristocrat," that is, an enemy to the republican government of his own country, had subserved the British interest, against the
interest of his own country which would, in his situation, have been an offence both moral and legal; to charge him with it was, therefore, libellous.
Admitting, therefore, these two phrases to constitute one distinct charge, and one entire offence, this respondent considers and states it to be law, that no justification which went to part only of the offence, could be received. The plea of justification must always answer the whole charge, or it is bad on the demurrer; for this plain reason, that the object of justification is to show the part's innocence; and he cannot be innocent, if the accusation against him be supported in part. Where the matter of defence be given in evidence, without being formally pleaded, the same rules prevail. The defence must be of the same nature, and equally complete in one case as in the other. The only difference is in the manner of bringing it forward. Evidence, therefore, which goes only to justify the charge in part, cannot be received. It is not indeed necessary, that the whole of this evidence should be given by one witness. The justification may consist of several facts, some of which may be proved by one person and some by another. But proof, in such cases, must be offered as to the whole, or it cannot be received.
In the case under consideration, no proof was offered as to the whole matter contained in the twelfth article. No witness except the abovementioned John Taylor, was produced or mentioned. When a witness is offered to a court and jury, it is the right and duty of the court to require a statement of the matters intended to be proved by him. This is the invariable practice of all our courts, and was done most properly by this respondent and his colleague, on the occasion in question. From this statement given by the traverser's counsel, of what they expected to prove by the said witness, it appeared that his testimony could have no possible application to any part of the indictment, except the twelfth charge abovementioned, and but a very weak and imperfect application to that part. The court, therefore, as it was their right and duty, requested that the questions intended to be put to the witness, should be reduced to writing, and submitted to their inspection; so as to enable them to judge more accurately, how far those questions were proper and admissible. This being done, the questions were of the following tenor and effect:
1st. "Did you ever hear Mr. Adams express any sentiments favourable to monarchy, or 'aristocracy,' and what were they?"
2d. "Did you ever hear Mr. Adams, while Vice President express his disapprobation of the funding system?"
3d. "Do you know whether Mr. Adams did not in the year 1794 vote against the sequestration of British debts, and also against the bill for suspending intercourse with Great Britain?"
The second question, it is manifest, had nothing to do with the twelfth charge; for Mr. Adams's approbation or disapprobation of the funding system could not have the most remote tendency to prove that he was an aristocrat, or had proved faithful and serviceable to the British interest. In that part of the publication which furnishes the matter of the thirteenth charge in the indictment, it is indeed stated that Mr. Adams, "when but in a secondary station, censured the funding system," but these words are in themselves wholly immaterial; and no attempt was made, nor any evidence offered or spoken of, to prove the truth of the other matter contained in the thirteenth charge. It was from the connexion with that other matter, that these words could alone derive any importance; and consequently their truth or falsehood was altogether immaterial while that other matter remained unproved. This question, therefore, which went solely to those immaterial words, was clearly inadmissible. The third question was, in reality, as far as the second from any connexion with the matter in issue, although its irrelevancy is not quite so apparent. Mr. Adams's having voted against the two measures alluded to in that question, if he did in fact vote against them, could by no means prove that he was "faithful and serviceable to the British interest," in any sense, much less in those improper and criminal views, with which the publication in question meant to charge him. He might in the honest and prudent performance of his duty towards his government and his country, incidentally promote the interests of another country; but it was by no means competent for a jury to infer thence, that he was "faithful" to that other country, or, in other
words that he held the interests of that other country chiefly in view, and was actuated in giving his vote by a desire to promote their, independently of, or without regard to, the interests of his own country. So if an inference could not be made from the fact, admitting it to be true. That fact, if true, was no evidence to support such an inference, therefore the fact was immaterial; and as it is the province and duty of the court, in such circumstances to decide on the materiality of facts offered in evidence, it follows clearly, that it was the right and duty of the court, in this instance, to reject the third question; an affirmative answer to which could have proved nothing in support of the defence.
[To be continued.]
PHILADELPHIA, March 16.
LATEST FROM EUROPE.
Last evening, arrived the ship John and Alice , captain McCune , in 43 days from Europe, by which we have letters from the 29th, and Liverpool of the 1st inst. from which we are only time to extract the following.
Constantinople, Nov. 20.
The Spanish Envoy has received, by a courier, who has an incredible quick passage, the intelligence of actual war between Spain and England, and he has come much agitated to the Porte, which caused a great sensation in the Divan. It is thought that this news may effect a change in the present political system of the Porte.
Madrid, Nov. 20.
Since the appearance of Admiral Nelson's fleet before Barcelona, great fears are entertained for Barcelona. This island, whose means of defence are not very formidable, would be an important acquisition to the English; the works of Mahon are in a very wretched condition, and the garrison does not consist of more than 1000 men.
December 16.
A part of the garrison of this metropolis, has received marching orders, but their destination is unknown.
Eight Regiments of Artillery, and several companies of Artillery, are on the march to the town of St. Roch, which added to other formidable movements, leaves no room to doubt of its being the fixed determination of our government to make an attack on Gibraltar, this important place, in the hands of the English, has long enough been a monument of our weakness; and it is now time to wipe away the last disgrace. Every thing announces an inevitable resolution not to spare our enemy in a single instance.
Cadiz, December 13.
Admiral Gravina is shortly expected here from Paris. All ships of war here, and at Carthagena, are fitting out, and many seamen are levied.
Milan, Dec. 17.
Mr. Livingston, the late envoy from the States of North America to Paris, has arrived here; he is making a journey into Lower Italy.
Paris, January 9.
The siege of Gibraltar, which the English have not had in their possession exactly one hundred years, is to be undertaken with from eight to a hundred thousand men. The camp at St. Roch, will be more numerous than during the American war.
London, January 26.
Last night, dispatches were sent off from the Admiralty to Admiral Cornwallis, off Plymouth, with orders for him to resume his former station without possible delay.
There is a report in the city, that Bonaparte had resolved to send M. Semmel-pennick to London with pacific overtures. It produced a slight rise in the funds. We attach no credit to the report.
The report of the capture of Minorca, by Lord Nelson, is probably well founded. The enterprise and promptitude of the gallant admiral would in all likelihood induce him to think of attempting that important Island, after having intercepted the reinforcement destined for it.
March 18.
By Capt. Gidea, arrived this morning, from Martinque, we have received the following interesting information, which may serve as a comment on the pretended overtures for Peace by Bonaparte.
Capt. Gidea sailed from Vorchelin, (Martinque,) the 25th Feb.—Two days previous to which he learned, that a French fleet had arrived at Port Royal; remained there one night, and next morning proceeded to attack Dominica.

—On the 26th, abreast of Rosseau, was boarded by an officer from a French frigate, who informed that on the 24th, they had taken Dominica, after an engagement of 14 hours in which they had lost 30 men. There were several frigates at anchor close in the harbor. He also informed, that the admiral's ship had set the town of Rosseau on fire, the greater part of which was consumed. The French fleet consisted of 7 sail of the line, five frigates, and four transports.—They had a passage of 60 days from Rochefort. Another fleet, consisting of the same number of vessels, had sailed from Toulon for the West Indies, and was hourly expected. The fleet from Rochefort, on their passage, had captured a British cutter.
[By recurring to dates, it will be perceived, that the above fleets must have sailed from France about the latter end of December, immediately subsequent to Bonaparte's assuming the imperial dignity, and at the very moment when he was attempting to impress on England the belief of a pacific disposition on his part. The pursuit of a policy so treacherous and dishonorable, cannot fail to protract and aggravate the war.]
NEW-YORK, March 13.
The frigate John Adams which lately arrived here from the Mediterranean is, we understand, immediately to undergo some repairs with a view to her return to that place. A rendezvous is also immediately to be opened for the raising of 500 men for the Mediterranean services. It is the object of government to send this reinforcement as soon as may be to that quarter for the purpose of calling columns of Baron Berthier to make a successful attack on the enemy. We trust the ensuing summer will see the haughty Bashaw reduced to submission, for his Castile held in ruins; in either of which events the main object of the war would be obtained; the power and pride of Tripoli would be humbled.
On Sunday, March 3d, Messrs. Despres, Saive, and Derbiguy, composing the legation from Louisiana, left Washington for New-Orleans. Though the prayer of the remonstrance urged has not, in all respects, been complied with, yet much strong ground has been gained. Their admissibility into the union without an amendment to the constitution has received the legislative sanction; and altho' the event, according to the act passed this session, is rendered dependent on the inhabitants of Louisiana (amounting to 60,000), yet should circumstances recommend an earlier admission all constitutional restraint is removed.
WINCHESTER, March 12.
COMMUNICATION.
The most diabolical transaction, perhaps ever recorded in the history of civilized nations, took place at the house of Asa Lupton, of Hampshire County, at midnight, on Sunday the 10th instant. The family, excepting three children, viz. two girls, the one rising eight, the other six years of age, the third a fine boy about three and a half years old, had gone to meeting. The doors of the dwelling house were all locked and bolted, and the children placed in the kitchen, which was connected to the house by a passage. Some time after those who went to meeting had taken their departure from the house, a monster in the shape of a man, not more than eighteen or nineteen years of age, came into the kitchen, and enquired if all the family were absent except themselves: being answered in the affirmative, after a short pause, he again repeated the question, and was answered as before. He then walked out, went round the house, and picked up an ax, with which he burst open the door of the house and entered it; he then burst open the door of one of the rooms, and rumaged a desk or drawers; from thence he proceeded to the door of the passage leading to the kitchen, which he opened, where he found the children, who, it is supposed, being attracted by the noise in the house, had gathered to that spot. He then struck the boy on the head with the pole of the ax, and after he fell gave him another blow; this is the report of the eldest child, and seems confirmed by this circumstance, that the skull was fractured in two places, and some portion of the brain scattered around. It is supposed he then gave the eldest girl a blow (as her recollection at that period is lost) which, by some fortunate circumstance seems not to have effected as much as was intended, altho' it laid her sense-
less for some time. The other girl was then knocked down and her skull miserably fractured. The first object which arrested the sight of the unhappy parents on their return, was their eldest girl, who had so far recovered as to crawl out of the house, and nearly fainting, in endeavouring probably to escape, had fallen repeatedly, and made a most hideous spectacle, being besmeared with blood and dirt. They next entered their late peaceful mansion, and horrid to relate, there discovered their two other darlings prostrate on the floor, near each other, almost covered with clotted blood and apparently lifeless; this was too much for human nature, they retired in agonies indiscernible—even the neighbours stood appalled with horror, and it was some time before any could prevail on themselves to place their bodies on the bed. Signs of life being discovered, every aid which art could give was sought for, and obtained with the utmost celerity. The lives of the two youngest are despaired of, the eldest it is hoped, may recover, being reserved perhaps by Providence for some special purpose. The name of the perpetrator of this abominable atrocity, is Martin, he was known by the eldest child having for some time past been at the same school with him. For the cause of humanity it is hoped testimony sufficient to bring the perpetrator of this unheard-of enormity to condign punishment may be obtained.
When the foregoing communication was forwarded to the editor hereof, Martin was in custody, had been examined before two magistrates and ordered to prison, but made his escape from the persons in whose custody he was, on the night of the 15th inst. therefore the following reward is offered for his apprehension:—
THREE HUNDRED DOLLARS
Will be paid to any person or persons who will deliver Isaiah Martin to either of the subscribers, living between Great Cacapon and the North River, near the road leading to Moonfield, or to the keeper of the jail in Romney. He is 5 feet 7 or 8 inches high, 18 or 19 years of age, of a middle size, very dark brown or black hair, dark complexion, rather a yellowish cast, arising from his having had the ague, down look, his occupation a farmer, stoop shouldered, very much afflicted at times with the rheumatism. Had on when he made his escape, as nearly as can be recollected, the following articles of clothing, viz. A reddish yellow roundabout rather long, not much worn, linsey overalls of a dark colour, a good deal worn, wool hat half worn, old shoes, and a coarse home made shirt, but will in all probability change his dress (having other clothing at his father's) and perhaps his name, seldom wore stockings, in consequence of which his ankles are very rough and ingrafted with dirt. He may perhaps endeavour to get on board a ship, being well acquainted in Alexandria.
All the printers in the United States will greatly serve the cause of humanity by inserting the foregoing in their respective papers.
ISAIAH LUPTON, ISAAC LUPTON.
March 19, 1805.
N. B. One Hundred and Fifty Dollars only will be paid not taken in the county of Hampshire.
MARTINSBURG, March 30.
Sickness has compelled us to delay the publication of the Intelligencer one day beyond its usual time of appearance.
General James Wilkinson, has been appointed by the President of the United States, Governor of Upper Louisiana.
We learn by the brig Washington, from Teneriffe, that two or three days previous to her sailing, a Packet arrived there with the intelligence that Great Britain had declared war against Portugal, and that the former had attacked and taken possession of Madeira. [N. Y. pap.]
The renewal of the war in the West Indies, by offensive operations on the part of France, as announced in this day's Register, is an event unexpected, as it must be interesting to the people of the United States. To them, it is indeed of peculiar interest, either as it may influence their commerce, or their intercourse in other respects, with the belligerent powers.
As it may effect the demand for our exports, it will be important to the Far-
mer, the Manufacturer and the Merchant.
As it may multiply complaints, either pretended or real, under the law of nations, it must add to the ludicrous embarrassments of an administration, whose indecision has long been the reproach of our own, and the ridicule of other nations.
But the renewal of the war in the West Indies is of still deeper concern as it may tend to spread the scourge of yellow fever among the Islands, and to increase the danger of its introduction into this country.
[Phil. Reg.]
Extract of a letter from Cadiz, dated December 19.
Within these few days several regiments of infantry, two of dragoons, some companies of artillery, bombardiers, and miners, as well as a train of heavy artillery, and warlike stores of all kinds, have arrived here for the camp of St. Roch. These reinforcements are immediately to be followed by many more troops, among whom are to arrive several battalions of the regiment of Spanish guards, and that of Walloon guards, as well as some Swiss corps. All these dispositions give us some foundation for presuming, that it is intended to commence an open attack on the fortress of Gibraltar. The garrison of that place is very weak at the present moment; but we expect to see it soon reinforced by numerous detachments of troops to arrive from England. Nevertheless the General in Chief commanding the camp of St. Roch has forbidden all communication with the enemy, and duty is done there with equal severity and exactness. The English, who are in fear of a surprise, light fires of flame every night to guard against them.—Such is the present situation of affairs before Gibraltar.
Admiral Gravina, as well as several other principal Officers of our Navy, are expected every moment here for the purpose of accelerating the arming and equipment of all the ships of war ready for service. Similar dispositions are making at Carthagena. We are assembling there as many women as can be got together. The cessation of the epidemic distemper in this unfortunate neighbourhood will also contribute to render preparations for the war more active in our port.
Our naval intelligence continues to wear a dismal face for our commerce.—We are continually receiving information of the capture of our richest vessels, from Mexico, Peru, and the Island of Cuba. The enemy are cruising in great force in the Straights and employ every kind of deceitful manoeuvres, to make prizes of our merchantmen.
A LARGE QUANTITY OF FRESH Clover Seed
for sale, by JEREMIAH EVANS. Martinsburg, 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, five 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.
PROVENCE 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.
CAUTION.
WHEREAS many people have, under the pretence of hereditary fishing, &c. made a practice of passing my enclosures near Martinsburg, thereby destroying the fences and greatly injuring my wood and orchards—I do therefore caution all persons, in passing through my enclosures under any pretence whatever, as I am determined to prosecute, any person, thus offending, or that will be found in any other manner trespassing on my property.
EDWARD BEESON, sen.
29th day, 3d month, 1805.
REGIMENTAL ORDERS.
ORDERED, that the Officers commanding companies in the 2d Battalion of the 67th Regiment, do attend a Court Martial to be held in Buckle Town on Friday the 12th of April next, for the purpose of assessing fines for delinquencies in the said Battalion in 1804. The commanding Officers of companies in the 1st Battalion are also ordered to attend a Court Martial to be held at Robert Snodgrass', on Back Creek, on Saturday the 13th of April, on similar business.—And all the Officers commanding companies belonging to the 67th Regiment are ordered to attend a Regimental Court of Enquiry, to be held in Martinsburg, on Friday the 26th of April.
DAVID HUNTER, Lieut. Col. Com. March 29, 1805.
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.
THE Subscriber returns his most grateful acknowledgements 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 commences 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.
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.

Meminger & Cooper
WILL thank those indebted to them, for the whole or part of their respective accounts, on or before the first day of April.—They have several loads of Flour they wish hawled to Baltimore—Rye for horse feed will be furnished at six shillings and six pence per bushel, if required.
March 22, 1805.
Public Sale.
Will be exposed at public sale, on Friday the 19th day of April next, at the subscriber's dwelling house in Shepherd's-Town, Jefferson County, the following Property, viz.
THE HOUSE and LOT, which I now occupy, being on the Main Street in said town; the house is very convenient and nicely finished, the Lot a full one with a number of choice fruit trees on it; one active, strong young horse, suitable either for the saddle or gears; one excellent Milch Cow; some Feather Beds and Bedding; one Ten Plate Stove with the pipe belonging thereto; one fashionable walnut Corner Cupboard, with a number of other articles unnecessary to mention. The sale to begin at ten o'clock, A. M. and continue from day to day until the whole is sold. A credit of eight months will be given on all sums above eight dollars, on the purchaser giving note with approved security.
GEORGE OX. Shepherd's-Town, March 22, 1805.
The last Notice.
WHEREAS, some time since, I gave notice in the public papers, that necessity compelled me to settle and collect my out-standing debts, which notice has not produced the desired effect.—That my friends and customers may not complain of my transferring their obligations and accounts without due notice, I again inform them that necessity will compel me to assign and transfer to my creditors all debts due me which will remain unpaid on the 10th of April next, upon which sums will then be brought indiscriminately.
LUKE PENTONY. Martinsburg, March 22, 1805.
TO BE LET.
THE large red House, nearly opposite to the Globe Tavern, in King Street, Martinsburg, in which Mr. Alexander Kennedy now lives—This house is tolerably well finished, has a large Garden attached to it, with a Kitchen, Stable, &c. and is well calculated for a public house, or would suit a private family. Possession may be had the 1st of April next.
Also the small Log House cornering on Queen and John Streets.—Possession of this house may be had immediately.
ANN HUNTER. Martinsburg, March 22, 1805.
NOTICE.
AS guardian for Robert Lyle, sundry obligations (given for property purchased at the sale of the estate of Robert Lyle, dec'd.) have come into my hands, which, if not paid before the 10th day of May next, will be put into the hands of an attorney for collection.
JAMES CAMPBELL, Guardian. Middle Creek, March 22, 1805.
CAME to the plantation of the subscriber, about the 28th of last month, two Estrays, one a brown MARE, about 10 years old, 15 hands high, shod before, with a small white round three of her feet; the other a light bay HORSE, 9 or 10 years old, shod all round; both natural trotters, no perceivable brand on either. The owner is desired to come forward, prove his property, pay charges and take them away.
ABRAHAM SHEPHERD. Near Shepherd's-Town, } March 22, 1805.
FOR SALE, A LIKELY
Negro Boy,
about twelve years of age. Inquire of the Printer.
March 22, 1805.
TO BE SOLD.
A VALUABLE PLANTATION and Tract of Land, containing one hundred and fifty-nine acres and a half, by deed, lying on the 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.
Look Here!
THAT famous stud horse YOUNG MEXICON, the property of Mr. Davis of Maryland, which stood the last season at Captain John Robinson's, will stand the present season and cover mares at the stable of the subscriber, where the terms and his pedigree will be made known.
JOHN MCLEARY.
Martinsburg, March 22, 1805.
The noted Horse PRESIDENT,
WILL stand this season, (the three first days in each week) at the subscriber's plantation, in sight of Tuscarora Meeting House, and the three last days in the week at Hess's Mill on Opeckon, and cover mares at four dollars the season, two dollars cash the single leap, and seven dollars for insuring a foal—the money for the season to be paid the 1st of January next, and for insurance when the mare proves with foal.
PRESIDENT is a handsome bay with a star and snip and four white feet, he is sixteen hands high, four years old this spring, and is remarkably strong and active.—He was got by a full bred horse and an Esopus mare—It is tho' unnecessary to say any thing more of his pedigree, as his appearance will be a sufficient recommendation.
JONATHAN CUSHWA.
March 22, 1805.
The subscriber will sell his PLANTATION, lying on the Drains of Mill Creek, about three miles from the Stone Tavern, between that tavern and Sibert's mill.—This tract contains about 150 acres of good Land, 70 of which are cleared and under good fence, the balance of the Land is well timbered—On it is an excellent Apple Orchard of about 200 thrifty trees, a large Peach Orchard and other fruit trees, 15 acres of good Meadow is now made, and more of the Land can easily be converted into meadow—There are on the place a convenient Dwelling House, Barn, Stables, Smoke House, &c. and an excellent Garden 100 feet square newly paled, and several fine Springs. The subscriber being determined to leave this country, will sell the above Land at a very reduced price, for good pay he will let it go at 12 dollars per acre, and will take in part a Waggon and two good draft Horses.
JOHN HEATON.
March 15, 1805.
LANDS FOR SALE.
THE subscriber wishes to sell the Plantation whereon he now lives, situate on Back Creek, Berkeley County, 7 miles from Martinsburg and 15 from Bath, containing 333 acres of good strong Limestone Land, well watered, with at least 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.
NOTICE.
THE public are informed that the Ferry Boat on the river Potomak opposite Shepherd's-Town, which was taken off some time since by the ice, is regained, without the smallest injury, and is crossing daily with the usual facility and safety, which so much accommodates the traveller. Those who are unacquainted with this excellent and safe crossing place, are informed, that no delays ever take place in consequence of high wind or water, owing to the peculiar situation of the river. An uncommonly fine Boat with excellent sober hands, is doubtless, a great inducement for travellers to pass this way, which is equally as near a road as any other from the back parts of Virginia and the Western countries to Baltimore and the City of Washington.
JOHN BLACKFORD.
March 8, 1805.
Berkeley County, ss.
February Court, 1805.
George Riley vs Joseph Gale.
In CHANCERY.
THIS day came the complainant by his counsel, and it appearing to the court that the defendant is not an inhabitant of this commonwealth, it is ordered that the defendant do appear here on the Monday after the third Tuesday in May next, to answer the complainant's bill, and that a copy of this order be forth with inserted in the Berkeley and Jefferson Intelligencer and continued for two months successively, and also be posted up for two months successively at the door of the court house of this county.
A Copy. Attest.
DAVID HUNTER, C. B. C.
ONE CENT REWARD.
RAN away from the subscriber, on Sunday morning the 24th ult. an apprentice to the Printing business, named Bill Eggleston, about 5 feet 7 inches high, has short light hair; when spoken to stares with a pretty full eye, very fond of liquor.—He had two years and about four months to serve. He formerly wrought in Brown & Charlton's Printing Office at Martinsburg, and, as his mother lives about five miles from that place, it is probable he has gone that way. Had on when he went away, a blue coat, brown cloth panjaloons, a striped swansdown waistcoat, a red baize under waistcoat, and a wo l hat about half worn. The above reward, but no charges will be paid for bringing him home.
THOMAS GRIEVES.
English Printing Office, } Hagerstown, March 7, 1805. }
N. B. All persons are forewarned against harbouring or employing said runaway, at their peril.
NOTICE.
ALL persons having claims against the estate of Patrick M'Kelvey, dec'd, either by bond note or book account, are hereby requested to exhibit them properly authenticated for settlement—All persons indebted to said estate are also requested to make immediate payment to the subscriber.
GEORGE PAYNE, Adm.
March 8, 1805.
The high bred English Horse, YOUNG HAMILTONIAN,
WILL stand this season at Muse's Mill on Long Marsh Run, five miles from Snicker's Ferry and two miles from Rock's Ferry, the first three days in each week, and in Smithfield the remaining part of the week, and cover mares at the low rate of eight dollars the season, [which may be discharged by paying six dollars by the 1st of October next] three dollars the single leap and twelve dollars to insure a colt.
Young Hamiltonian is a bright bay, raising eight years old, fifteen and a half hands high, moves well and has a lofty carriage, is of an uncommonly high spirit and was imported from England in the year 1802, by Major Griffith of Philadelphia; he is a horse of as pure blood, and is of the best breed for running in England; he was got by Old Hamiltonian out of a mare that was got by Old Matchem. It is thought unnecessary to trace his pedigree any further back, as his handsome figure and activity will be sufficient to recommend him. The greatest attention will be paid by
JESSEE BROWN,
March 8, 1805.
N. B. The season will commence the first of April and end the first of July.
FOR SALE.
Pursuant to the last will and testament of Robert Creighton, dec'd, a valuable
Tract of Land,
Lying in the County of Berkeley and State of Virginia, three miles from the town of Martinsburg, on the road leading to Williamsport, eighty-five miles from the City of Baltimore, seventy-five from the City of Washington, and eighty miles from the town of Alexandria—containing six-hundred acres, one half cleared and under good fence, the balance well clothed with timber: There are on said land a number of never failing springs, and a sufficient quantity of Meadow: This Tract would suit well to be divided, as there are two Dwelling Houses, two Double Barns, and two Orchards of choice Fruit. It lies five miles from the river Potomak, the navigation of said river is now completed, produce may be conveyed down the river to the City of Washington and to the town of Alexandria at a small expense. For terms apply to William Riddle, of the town of Martinsburg. A good title will be made the purchaser by
WILLIAM RIDDLE, } Exr's. and Wm. CREIGHTON, } Martinsburg, February 1, 1805.
FOR SALE.
A PLANTATION, containing about 180 acres, about 100 of which are cleared; there is a convenient Dwelling House and Kitchen and a good Barn on the premises; near the House is a Well thirty feet deep, which never goes dry when kept clean; on one part of the Plantation there is a large and excellent Spring.—The Land is of a superior quality; it lies on the road leading from Martinsburg to Boyd's Ferry, and is about six miles from the former place.—For terms apply on the premises, or to the subscriber in Martinsburg.
IGNATIUS PRICE.
January 25, 1805.
December Court, 1804.
Berkeley County, ss.
Barbara Helm, administratrix, and Jacob French, administrator of Martin Helm, deceased, Complainants.
against
Mary Foland, widow and relict of George Foland, deceased, and Mary Foland, Rebecca Foland and Eleanor Foland, children and heirs at law of said George Foland, Defendants.
In CHANCERY.
THIS day came the Complainants by their Counsel, and it appearing to the Court that the Defendants are not inhabitants of this Commonwealth, it is ordered that the Defendants do appear here on the Monday after the third Tuesday in March next, to answer the Complainants' bill, and that a copy of this order be forth with inserted in the Berkeley and Jefferson Intelligencer, and continued for two months successively, and also be posted up for two months successively at the door of the Court-House of this County,
A copy.
Attest,
DAVID HUNTER, C. B. C.
ONE CENT REWARD.
RAN away from the subscriber, some time in February last, an apprentice boy named George Lester; he is about six feet high and slender made; he took with him a variety of clothing not particularly recollected. One cent reward will be paid to any person who will return said runaway.
JACOB HAMMA.
Martinsburg, March 8, 1805.
MARTINSBURG, Berkeley County, Virginia; Printed and published by JOHN ALBURTIS.
TERMS OF THE INTELLIGENCER.
THE price of this Paper is two dollars per annum, one dollar payable at the time of subscribing, and one when the year expires. Distant subscribers pay for the whole year in advance. The price of Advertisements, to non-subscribers, is one dollar per square for three weeks insertion, and for continuance after that time 25 cents per week; Subscribers will continue to receive a reduction of one-fourth on their Advertisements.