Norfolk gazette and publick ledger (Norfolk [Va.]), 1807-08-26 00:00:00

TRIAL OF AARON BURR.
Tuesday, August 13.
Substance of Mr. Hay's opening Speech.
May it please the court and you gentlemen of the jury;
In the preliminary stages of the prosecution, in which we are now engaged, many observations were made extremely derogatory to the government under which we live and injurious to the feelings of the counsel employed in the prosecution. It was said, amongst other things, that we had indulged an intemperate zeal which transgressed the limits of reason and humanity; that we were solicitous to convict the prisoner, whether innocent or guilty; and to deprive him of all the proper means which were necessary to his defence. I know not gentlemen of the jury, whether this charge has reached your ears; or if it has, whether it has, made any serious impressions upon your minds; but if it had, it is my duty to efface them. But by what means? By professions of candour and liberality which are easily made and as easily forgotten? No. I shall prove the injustice of this charge by the course and conduct of the prosecution.—We have arrived at a most serious crisis in this enquiry, on whose result the life of a man, and of a fellow-citizen, once stood high in the estimation of his country, must certainly depend. It is alleged to be forfeited to the violated laws and justice of his country. It is my duty to support that allegation; but I shall support it only by facts which I believe to be true, and by arguments which have produced my own conviction.
The prisoner at the bar is charged with treason; in levying war against the United States. To this charge he has pled not guilty. It is your solemn duty to decide upon the validity of this plea, and you have sworn to decide it by facts alone. If you attend to the obligations of your oath, any admonitions from me will be unnecessary. You will divest your minds of every bias, of all extraneous rumours or political prepossessions. You will enter upon the case with candour, and with a firm determination to do justice between the United States and A. Burr. If after that patient investigation of the evidence which the importance of the case requires, you should doubt whether he is guilty, you must decide that he is not. Such is the language of the law and such the dictate of common sense. If you doubt, you must declare him to be innocent. But there is one distinction, which I have heard from the lips of jurymen; which seems to me to be a distinction without a difference; and to be founded in folly and wickedness. I have heard them declare that though as individuals they might be satisfied of the guilt of a prisoner, as jurymen they were not. This is a fallacy. I can conceive, that a jurymen may entertain a belief founded on what he has heard out of doors, which is not warranted by the legal evidence before him; but if he once believes, from the evidence, that the prisoner has committed the crime alleged, he is then guilty of treachery to himself, to his country, and to his God, if he does not pronounce that belief.
The indictment before you consists of two counts. The first charges the prisoner with levying war on Blannerhasset's island: The second repeats the same charge in substance, with this addition, that in order to levy it more effectually, the prisoner had descended the Ohio and the Mississippi with an armed force for the purpose of taking possession of New-Orleans. If either of those charges be supported by adequate evidence, you must find the prisoner guilty.
In Great Britain there are no less than ten different species of treason; at least it was so when Blackstone wrote. Perhaps the catalogue has been since increased. But in this country, there are only two descriptions, which are defined by the constitution itself; so that it is beyond the power of the legislature to increase the list, however important they might consider such an augmentation. By the 3d sect. of the 3d act of the constitution of the U. States, "Treason against the U. S. shall consist only in levying war against them, or adhering to their enemies, giving them aid and comfort." Of the last description of treason, it is unnecessary to say any thing, as the offence charged in the indictment is "levying war against the U. States." This offence being thus constitutionally defined, the only question at this stage of the enquiry is, what shall constitute an overt act of levying war against the U. States.
It is obvious, that the interval between the first movements of a treasonable conspiracy and actual hostilities is immense. There may be a conspiracy to levy war, but this is not treason. Individuals may meet together for making arrangements to bring forces into the field; nor is this conspiracy treason. They may advance a step further. They may not only project a plan for levying war, but they may proceed to levy troops; but this is not an overt act of treason. It has even been adjudged by the supreme court of the United States that the concerned persons may proceed one step further; the separate individuals may proceed to a place of rendezvous; and yet remain on the safe side of treason. But gentlemen, common sense, and principles founded on considerations of national safety, obviously require, that the crime of treason should be declared to be complete, before the commission of actual hostilities against the government. If any hostilities must be committed, what is the consequence? Why, that a man may take his steps until he is sufficiently strong to laugh at all your definitions of treason. He will not strike a blow; he will not commence actual hostilities, until he is prepared to give efficacy to that blow and to bid defiance to your government. Where then is the point at which a treasonable conspiracy shall be said to have arrived at its maturity? I answer; when there is
an assemblage of men convened for the purpose of effecting by force, a treasonable design; which force is intended to be employed before their dispersion. The answer which I now give is not, literally, but is substantially the same with that furnished by the Supreme court of the U. S. and is given in conformity to what I understand to be the spirit of that decision. In the opinion of that court delivered by the chief justice on the cases of Bollman and Swartwout, there occur the following expressions: "It is not the intention of the court to say, that no individual can be guilty of this crime who has not appeared in arms against his country. On the contrary, if war be levied, that is, if a body of men be actually assembled for the purpose of effecting by force, a treasonable purpose, all those who perform any part, however minute or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors." If war then be actually levied, in this manner, every person concerned is to be considered as a traitor. The same idea is expressed in ten or fifteen other parts of this decision. "To complete the crime of levying war against the United States, there must be an actual assemblage of men for the purpose of executing a treasonable design." And again "In the case now before the court, a design to overthrow the government of the U. States at New-Orleans by force, would have been unquestionably a design, which if carried into execution, would have been treason, and the assemblage of a body of men for the purpose of carrying it into execution, would amount to levying war against the United States; but no conspiracy for this object, no enlisting of men to effect it, would be an actual levying of war." If then according to this definition, the accused and his associates had assembled together to attack New-Orleans and separate it from the Union, though no actual force had been used, though no battle had been fought, they would have been guilty of treason. The same idea also occurs in these passages: "It cannot be necessary that the whole army should be assembled and that the various parts which are to compose it should have combined. But it is necessary that there should be an actual assemblage." "The meeting of particular bodies of men and their marching from places of partial to places of general rendezvous would be such an assemblage." It seems to me then, that I am warranted in the answer which I have given, by the solemn decision of this supreme tribunal.—Perhaps, gentlemen, in opening this case, I may occupy more of your time than you may consider to be necessary. But you must excuse me. Justice to the accused requires, that I should freely communicate the grounds on which this accusation is to be maintained; that the counsel on the other side may prepare for his defence.
It is necessary for me to state my reasons, for having omitted two circumstances in this definition of levying war, which the counsel for the prisoner may perhaps consider as essential parts of treason. I have taken no notice of military weapons; nor have I introduced the employment of any actual force, of any violence or hostility to effect the treasonable design. I have stated neither of these circumstances, because I think neither of them essential, according to the constitution and laws of this country.
On the first point I shall offer but a few observations. Before satisfying you of the legal propriety of this omission, permit me to state the question on the principles of common sense. It is true that it does not always happen in legal discussions, that this principle is consulted from the beginning to the end; but in many cases this neglect is most unhappily practised. Instead then of considering this question as it would be presented to us by lawyers and by judges, let us view it on the sound principles of common sense and national policy. It is not necessary that the men should have arms in their hands to make them traitors. The act of treason might be completed, and yet not a single gun nor even a pen-knife be employed in the transaction. Suppose a case. There was a time when 10,000 stands of arms were deposited under the roof of this Capitol. Suppose that 5 or 10,000 unarmed men had assembled within a few miles of this city, with a preconceived design of marching to the Capitol, seizing upon the arms, dispersing our legislature, and usurping the powers of the government. Let us suppose, which is no difficult supposition, that the Cavalry and the Infantry of this city were to gird on their armour, and resolve to disperse them men, before they could execute their treasonable intentions. They arm: they march: and the conspirators, conscious of their abominable guilt, fly in all directions at the approach of our volunteers. Will any one say, that these men are not traitors to their country?—Or suppose that any number of individuals were to assemble at Blannerhasset's island. We will suppose, that they had no arms, although I do not believe that such was the fact. They intend to descend the Ohio and Mississippi to seize upon New-Orleans, calculating upon meeting their leader at the mouth of Cumberland river and receiving arms from the Spanish minister at Baton Rouge. Would the simple circumstance of their being unarmed produce any difference in their guilt? And would it not be an absurdity to say, that the moment after arms have been put into their hands they are traitors, but that they were not the moment before? The supreme court have given a correct opinion on this subject, when in one passage they are silent as to the possession of arms, and in another, if I am not mistaken, they have expressly disclaimed it. If this point were not to be determined in this way, what would be the consequence? That conspirators would take care never to touch their arms, until they were ready to strike their blow. They would have military weapons placed within their reach; but they would not once venture
to touch them before their organization should be completed. On the principles of common sense then, it is not necessary that they should have arms to consummate the overt act of treason. And what says the law? In the case decided by the supreme court, you will not find a single allusion as to the necessity of arms being in the hands of the conspirators. And in the case of Fries, p. 167, this subject has been particularly mentioned and my opinion embraced by one of the judges of the U. States, (Judge Chase).—It is remarkable too, in this case, that the same principle is conceded by the counsel for the defendant (Mr. Dallas) whose opinion is certainly no authority with you on this occasion; but it carries along with it the strong presumption that the law was against him, p. 168.
In Great Britain there is a statute, which was passed many years ago, in the 25th year of the reign of Edward the 3d, which describes treason in the very identical words of our constitution. This statute makes "levying war" against the king to be treason. Now; when the framers of our own constitution, many of them great lawyers too, have chosen to define treason in the very same words which had been so often in use, so often the subject of discussion and adjudication; it is certainly a fair presumption that they were to be used in the same sense which is annexed to them in England. An observation of a very able judge of the court of the United States amply confirms this remark, Fries's trial, p. 167. I beg the jury to believe, that my only purpose for referring to the English law, is to show that the decision of the supreme court on this subject is not an innovation, not a new doctrine, but is an exact counterpart of the English authorities. To prove this position, I will refer to Foster, p. 208, where he declares that there may be treason, that is, "levying war" against the country, without the presence of arms; and that the only question is, the quo animo , with which the thing is done; if it be to effect some treasonable plot. This opinion of judge Foster is quoted in East's Reports, v. 1, p. 67, who approves its spirit, and thinks that arms and military array are not essential to treason. I have entered into this tedious investigation of this point, though it did not seem to me to be necessary, because our own courts have, in words too plain to deceive mortal man, pronounced that a bare assemblage of men was sufficient; and because the persons assembled at Blannerhasset's Island, were actually armed for offensive as well as defensive purposes. It is to you, gentlemen of the jury, that I must submit, how far I have succeeded in justifying the propriety of my having omitted "arms" in the definition of treason.
I have also omitted that the persons assembled for a treasonable purpose have committed hostilities or employed any actual force. I contend that it is not necessary to have waged battle or to have committed any act of violence. Perhaps the other side may, however, contend (though I am scarcely persuaded that they will) that there must be arms and actual force. But if they do contend for this, observe the embarrassment in which they will be involved by their doctrine. If 10,000 armed men were to march to Washington in order to take possession of the capital of the United States; send the president to Monticello and turn congress out of doors; these persons thus assembled are not traitors, because they have not yet struck a blow.—They meet with no opposition; the government disperses through fear; but there is no treason. The doctrine that would make force, the presence and actual exertion of arms, necessary to the consummation of treason, would be eminently fatal. It is the very doctrine that traitors met together to make laws for their own security, would be most solicitous to recognize: for if they were not traitors ere they struck the blow, they would take care never to strike one until they could do it with effect.—I contend that my doctrine is unequivocally confirmed by the decision of the supreme court. There is not a single word in it which makes force or actual hostilities necessary to treason.
I know not, but gentlemen may be disposed to take shelter under an opinion, expressed by judges Chase and Peters in the case of Fries, p. 197; and I most cordially admit that there is certain expressions in that opinion, which seem to countenance their doctrine. But if the observation were correct in fact, still it should be recollected that it was but the opinion of subordinate judges, which cannot be opposed to the opinion of the supreme court. It must also be recollected, that their opinion on this point are extrajudicial; by that term I mean, that it was not such a point as was necessary to be settled in the case before the court. The question before them was not, whether force does actually enter into the composition of treason; for in the case of Fries, there was force enough employed. It was a case of an actual opposition to the laws of the United States by force. Now; the opinion of any court is never considered as good authority, unless it be delivered on the very point actually before the court.—It will be seen too upon an accurate inspection, that the opinion of judge Chase is not even consistent with itself. In his definition of treason, (Fries's trial, page 196) he expressly says, that "any insurrection or rising of any body of people within the United States, to attain or effect by force or violence any object of a great public nature, or of public and national concern, is a levying of war against the United States, within the contemplation and construction of the constitution." Thus excluding from his definition the two circumstances which I have excluded from mine, military weapons, and the actual employment of force. In the next page, he expressly states, that military weapons, &c. are not necessary in the consummation of treason. And yet in the course of the same charge he seems to think that some force must be employed before the crime is legally
complete. The ideas of judge Peters on this point (see page 204 and page 207) seem to be in like manner at variance with each other. The truth is, that they did not express themselves on this subject, with the precision which they would have displayed, had the question before them been what it was before the supreme court and what it is here.
Judge Patterson in his exposition of the law, in his construction of the constitution, agrees with the supreme court in their decision. 2 Dall. 332, and even Mr. Lewis, an advocate in the case of Fries, distinguished no less by his zeal, than by his legal erudition, seems to concede that the crime may be consummated without the actual commission of hostilities, or employment of force.
The English adjudications are to the same effect. Treasons, in the populous country of Great Britain, where numbers are concerned, are generally accompanied by force; but that the actual employment of force, when the traitorous design is clearly proved, is not necessary, is in my judgment indisputably certain. See Fost. 211, 213. East 1, 67. Hale 146.
But whether I am correct in this remark or not, is immaterial. In our own country, the judges of the supreme court have placed this point beyond the reach of controversy.
You will probably be told, Sirs, that certainty in criminal law is important, and in that part of it which relates to treason, essential to publick liberty. You may be reminded of an observation of the celebrated Montesquieu, who says, that uncertainty on this point, is of itself sufficient to change a free into an arbitrary government. It is not admitted that this observation is applicable to our government, dependent as it is on the people, or to our people, informed as they are on their rights.—But suppose it to be so. The answer is obvious.—By the decision of the supreme court, the law is certain. Every man who can read, knows the situation in which he stands, and at what point he must stop, if he wishes to avoid the imputation and the guilt of treason.
You will probably be told also, of the danger of constructive treasons; that is, say Blackstone, 4 vol. 75, "to raise by forced and arbitrary constructions, offences into the crime and punishment of treason, which never were suspected to be such." Of this some terrible examples exist in the earlier periods of the English history, when the people were ignorant, and the judges entirely dependent on the king.
It is admitted that the doctrine, which shall yet in treasons, not defined by the constitution, by mere arbitrary construction, inference or analogy, as in England formerly, ought not to be countenanced. But in fact in this country, there is no danger to be apprehended. It may serve as a topic of declamation, but the apprehensions of mischief from this source are absolutely visionary.
It would be absurd to call the treason defined by the supreme court, a constructive treason. The words "levying war," do not present to the mind a clear and distinct idea, like the words 'murdering a man' or 'stealing a horse.' If the question what is levying war? were propounded distinctly and separately to every man in this assembly, or even to the most intelligent among them, there would be great hesitation, doubt, and variance—perhaps half as many opinions as men. Necessity, then, requires that the courts should ascertain the construction of these words. It is their province, it is their duty so to do: and in giving the definition for which I contend, they have performed that duty. (He then read a passage from Fries's trial, containing some remarks of judge Peters, page 206, applicable to this point.)
If the law thus established by the supreme court, shall be said to be a constructive treason, the inference is either that the judges should not give any construction of the constitution on this subject, which would be illegal and absurd, and would moreover by leaving every thing to the decision of juries, produce all the mischiefs of uncertainty, on the most interesting of all legal subjects; or that the opinion of the supreme court is erroneous. The latter, it is presumed, is a position, which the counsel for the prisoner will hardly undertake to support.
If, however, they do under this task, if they do contend that an assemblage of men with a traitorous design is not sufficient, but that hostilities must be commenced, actual violence must be used before treason is complete, the constitution is a dead letter. No man can be pronounced a traitor, until he has, by striking a blow, shown that he is or conceives himself to be out of the reach of the law.—The case, then, presents a question of force alone, and is a matter of no consequence, what the definition of treason shall be, until it is decided by arms what side shall pronounce it.
Perhaps it will be said, that the decision of the supreme court, is not correctly understood. I may, for aught I know, be incorrect in my exposition of it: but if I am, it is idle to look into reported cases, for evidence of the law. The language which this court have used, is remarkable for its precision, and its perspicuity. In every part, the ideas which they have expressed, are perfectly consistent, and you will not find from one end of it to the other, a sentence, or even a word, which implies that any thing more is necessary for the completion of treason, than an assembly of men, convened for the purpose of executing a traitorous design.
Taking it for granted then that the decision of the supreme court is the law of the land; that the overt act of treason is complete, if there be an assembly of men for effecting treasonable designs, it is incumbent on the prosecutors to show that there was a treasonable design; and that there was an assembly of men for the purpose of effecting it.

For Freight or Charter, The Ship LACONA , capt. Walker, about 400 hhds. burthen, can be ready to receive a cargo in three days. Apply to the master on board, or
Phinehas Dana. August 21.
For Sale or Charter, The good Ship MINERVA , — Davison, master, burthen about 220 tons or 300 hhds. tobacco, can be ready to receive a cargo in a few days. For terms apply to the master on board, or to
Christopher Fry. Who has for Sale on board said Ship, About 12 or 1300 bushels Bonivista SALT , which will be sold low if taken from along side. August 19.
For Charter, The fine new Ship ISABELLA , Abel Lincoln master, burthen 308 tons, will be ready for the reception of a cargo in three days. — For terms apply to
Moses Myers. Who offers for sale, 600 boxes Havanna SUGARS , Landing from on board the ship Cabinet . August 14.
For Freight or Charter, The fast-sailing Ship ANACREON , daily expected, burthen 380 hogsheads tobacco — For terms apply to
William Dickson. August 10.
FOR LONDON, The fine American copper-bottomed Ship AMELIA , burthen 360 Tons, or 500 Hhds. — For freight apply to
A. Maclure. August 7.
For LIVERPOOL, The elegant Ship CERES , John Shackford master, burthen 280 tons, copper fastened, and now entering upon her second voyage. She will sail in all this month, having a considerable part of her cargo engaged. For freight of the remainder, or passengers, apply to the master on board or
N. Heron. August 5.
FOR LONDON, The good Ship CHARLES CARTER , John Drysdale, master, will be ready to take cargo on board in ten days, and having the greater part engaged, will sail in all August. Terms of freight 5 pound sterling per hhd. and 5 per cent primage. Apply to
Donaldson, Thorburn, & Co. July 29.
Landing from the Elizabeth Margaret, from Teneriffe, 70 hogsheads and 100 quarter casks choice Teneriffe WINE. — For sale by
Moses Myers. July 24.
Leather, Cordage, and Loaf Sugar. The subscriber will hereafter expose for Sale at his Ware house on Campbell's wharf the above Articles, of the manufacture of Norfolk, at reduced prices for Cash, or on short credits only.
Theo. Armistead. He will sell or lease for a term of years, the STORES at the end of Marsden's and Rotliery's wharves. Feb. 20.
Thirty Dollars Reward. Runaway from the subscriber about the 20th May last, living in the county of Princess-Anne, a negro man named AFRICA , about 30 years of age, has a scar on his right cheek. All persons are forewarned from harbouring him, and I will give the above reward to any person who will bring him home, or so secure him that I may get him again. Princess-Anne County, Aug. 10.
The HOUSE on Smith's Point, adjoining Mr. H. Bruner's dwelling-house, and lately in the occupancy of Mr. Robert Smith, is offered for Rent; possession may be had immediately. For terms apply at the Warehouse of Bruner & Thompson, on Maxwell's wharf. August 12.
For SALE, 35 punch. Windward Island RUM. Bruner & Thompson. August 19.
Just Received, The New Hungarian Broad Sword Exercise , dedicated to the gentlemen of the volunteer cavalry of the United States. Regulations for the order and discipline of the troops of the United States, by Steuben. Trial of Thomas D. Selfridge, for killing Charles Austin on the Public Exchange in Boston. A correct statement of the whole controversy between Thomas O. Selfridge and Benjamin Austin. An enquiry into the validity of the Methodist Episcopacy. Rev. Dr. Kemp's Tract on Conversion: Bonsal, Conrad, & Co. August 19.
Landing This Day, Gallego's new superfine FLOUR, in barrels and half barrels. JAMES HERRON, 4/5 August 19.
For Sale by the Subscribers, 100 tierces RICE, 24 casks Claret Wine, 200 boxes Spanish Segars, D. R. Waddey, & Co. August 19.
Superfine Pilot Bread and Crackers, made from new Flour, for sale by the subscriber at his Bake Houses on Town Point and Commerce-Street. Stephen Harris. August 19.
LINENS, HOSIERY, &c. 2 cases 4 4 Irish Linens; 1 do. 5-4 do. Sheetings, 1 do. 7-8 do. Long Lawn; 2 do. Cotton Hosiery, 1 do. 4 4 gold edged undressed Cambric Muslins, for gentlemen's neck cloths, An assortment of Broad Cloths, &c. just received and for sale by
Wood & Hastings. August 17.
The Subscriber has for Sale, 400 barrels superfine FLOUR, 2500 bushels Corn, and 150 barrels Pork, good quality. Just received, 50 boxes fresh Lisbon LEMONS. GEORGE WILSON, No. 9, Marsden's wharf. July 20.
For RENT. The Store, Compting-Room & Cellar, at present occupied by Mess. Wood & Hastings, no. 90, Main-street. Apply to
Thomas Willock. August 24.
FRANCIS BENJANS, Silk, Cotton, Woollen Dyer, & Scourer, Respectfully informs his customers and the public in general, that he for the better convenience of doing his business, has removed from Concord street to the first brick-house on the Princess-Anne road, two miles from town, where he will endeavour by every exertion to merit the continuance of that encouragement with which his customers have been pleased to honour him. Merchants and others having damaged Cloths, Silk, &c. may have the spots taken out without being dyed, or dyed in the best manner and at the shortest notice. Ladies' Dresses and Habits dyed, cleaned, and glazed in the best manner. Gentlemen's Clothes scoured or dyed. He likewise dyes Miremen Bed Furniture and Fringes; all kinds of Calicoes and Muslins cleaned and glazed; all country orders attended to with punctuality. August 24. 3*
THE SUBSCRIBER Has removed to the brick store at the head of Campbell's wharf, fronting said wharf and Wide Water-street, where he offers at wholesale or retail his assortment of
Groceries and Ship Chandlery, Among which are 14 hogsheads Muscovado SUGAR, 1 do. and 6 barrels loaf do. 6 do. Antigua, Jamaica, and Grenada Rum, 3 pipes French Brandy, 2 hhds. and 6 bbs Rye Whiskey, 4 barrels Apple Brandy, 1 do. Peach do. 10 bags Coffee, Imperial, Hyson, Young Hyson, and Souchong Teas, Pepper, Pimento, and Nutmegs, Madera, Sherry, and Port Wines, London and Philadelphia Porter, English Cheese, Bar Iron and Castings, Nail and Spike Rods, German Steel, Powder and Shot, Tar, Pitch & Turpentine, Paints and Oil, black and bright Varnish, Canvas and Cordage, Nails and Spikes. Also just received, 20 boxes Lemons, 12 half bbls. Beef Tongues, 20 kegs Tongues and Sounds, 40 kegs and 2 bbls Salmon, 5 bbls Mackarel, 15 cases Salad Oil, 1 cask Currants, 10 boxes Olives, Capers and Anchovies, 6 dozen bottles Cayenne Pepper, 3 do. do. Pickled Peppers, 30 boxes Soap, 20 boxes Candles, 50 barrels Alexandria superfine and fine Flour. July 31. John D. Haldane.
200 boxes Mould CANDLES, 30 half boxes brown Soap, 10 boxes white do. 60 bags Coffee, 5 tierces do. prime green, 4 hogsheads and 10 barrels loaf Sugar, 12 do. Muscovado do. 10 quarter casks old Sherry Wine, 2 bbls old L. P. Madeira do. 3 hhds. Red Port, 50 do. retailing Molasses, 15 crates well assorted Queen's Ware, Country Rum and Gin in hhds and pipes—For Sale by Phinehas Dana. June 8.
THE SUBSCRIBER Being authorised by the Portuguese Consul General, to furnish the necessary certificates for property, and countersign Bills of Health for vessels going to Portugal or Madeira, advises those whom it may concern, that he will grant such on application at his office, No. 21, Main-street. Robert Dickson. June 15.
NOTICE. The subscribers having obtained administration on the estate of TASSE O'CONNOR , request those indebted to make payment, and those having claims to render the same immediately. Thos. H. Parker, } Admrs. Fred. Heerman & Son, }
400 barrels Tar, 20,000 pipe Staves, 30,000 White Oak Hogshead do. 50,000 Red do. do. 100 Barrels Flour—For Sale by L. Mansfield. Portsmouth, May 8.
FOR SALE, 50,000 white oak hogshead draw Staves 50,000 red do. 30,000 rough do. 20,000 Cypress Pales 2,000 Cedar and Chinquepin Posts 50,000 building Shingles. Proby, Harmanson & Co. March 9.
NOTICE. The partnership of B. Nottingham, & Co. is this day dissolved by mutual consent; all those who have demands against the said firm are requested to exhibit them, and all those indebted to said firm are requested to make payment to B. Nottingham, who is fully authorized to settle the same. B. Nottingham, & Co. N. B. The business in future will be carried on by B. Nottingham. July 1.
For SALE at my Brew-House, Strong, Table, and Ship BEER, by the hogshead, barrel, and half barrel—and a constant supply of bottled PORTER in packages and by the dozen. And in Store, Wines, Liquors, and Groceries, wholesale and retail. Joseph Hayes. Feb. 13.
Forty Dollars Reward, Will be given to any person who will apprehend and deliver to Warren Ashley, Esq. of Norfolk, or the subscriber, two runaway Negro Men, named JEMMY and JEFFERY , purchased a short time since as part of the Glebe property in Hampton. Jemmy is about 22 years of age, very strong and well built, and about 5 feet 9 inches high—Jeffery is at least 6 feet high, about 21 years of age, very black and likely. These Negroes absconded from the subscriber with a wish to be sold in Norfolk or Hampton, where they have been seen frequently since their having quitted my plantation. All captains and masters of vessels are hereby cautioned against receiving them on board, or employing them in any way. Henry Heffernan. Glebe, Middlesex, July 4.
Cash will be given for a few tons of Old Copper, Brass, and Pewter, for the use of my Foundry. Leven Dorsey. Who offers for Sale, 50 Casks CUT-NAILS, assorted, at his Nail-Factory, on Town-Point. July 27.
We want to Purchase, A few Shares of STOCK in the Virginia Bank. Campbell & Wheeler. May 22.
To RENT, That commodious TAVERN opposite the Borough Court-House, at present occupied by Mr. Thomas Holliday, and possession given the 15th of next month. Also for Lease, That vacant LOT on Commerce and Little Water-Str. etc. For terms apply to James Tucker. July 22.
WOOD AND HASTINGS, No. 90, Main-Street, have just received an additional supply of Staple and Fancy GOODS, Among which are, 2 cases 4 4 Irish Linens, 1 trunk 6-4 Cambric Muslins, 1 trunk Amber Cotton Chambrays, 1 do. checked do. 1 do. containing elegant sprigged, dotted, and Trafalgar India mall Muslins, 1 trunk Mattress Handkerchiefs, 2 cases Dimities entitled to Drawback, 2 do. red cotton Umbrellas, 6 bales India Cottons, assorted, 1 bale India Checks, 1 case Brown Hollands, 1 case White Britanias, 1 do. Cotton Bails. July 15.
NOTICE. On Saturday the 11th instant, was stolen or taken by mistake from Southgate and Dickson's wharf, a quarter cask of PORT WINE , marked and numbered on the head No. 1551, Baltimore, Federal Jack, Port, 30 gallons, Delogier, November 4, 1806. Twenty Dollars will be given to the informer if the Wine has been stolen and recovered, or thanks to any person who may have received it through mistake, by applying to William Dickson. July 15.
FOR RENT, for one or more years, The Dwelling-House and Wharf in the occupancy of the subscriber, in that part of the town of Portsmouth called Gosport. William Wilkinson. July 29.
The Subscriber has for Sale, 136 hhds. 14 tierces and 47 barrels Muscovado SUGAR, And a few barrels of COFFEE of the first quality, which will be sold on liberal terms. Henry Hastic. July 10.
NOTES OF HAND, according to the new form established by the Directors of the Office of Discount and Deposit of the Bank of the United States, for sale at this office. ALSO, NOTES for the Virginia Bank; Checks; Bills of Lading, and of Exchange, printed on paper of superior quality; and Shipping Articles on large paper, and approved form. LEDGER OFFICE.
NEW FLOUR. Now landing FLOUR in barrels and half barrels, from new wheat, and of a superior quality. Rowland & Triplett. August 10.
Spring and Summer GOODS. The subscribers have received by the ship Hunter , from London, their supply of Fancy and fashionable GOODS, which they offer on reasonable terms for cash, or approved notes. Mackinder & White. May 1.
FOR RENT, (and possession given immediately,) My WHARF and WARE-HOUSES, at present occupied by Mr. John Moore, and others—It is the best situation in the Borough for a Lumber Yard, and will be let low to a good tenant. Also to Lease, That convenient Lot of LAND, on Commerce and Little Water-Street. For terms apply to James Tucker. May 20.
This Day landing from on board the schooner Huidah and Anna, capt. Fitzhugh, from Philadelphia, 8 hogsheads refined SUGAR, 10 pipes Cognac Brandy, 15 quarter casks Imperial Tea, latest importations, 10 hogsheads and 10 barrels Rye Whiskey, 6 pipes and 4 barrels American Gin, 30 boxes Yellow Soap, 9 boxes China—For Sale by Jennings & Roddey. July 3.
THE SUBSCRIBER Has lately received per the ship Dumfries, from Liverpool, and just opened for sale in the Cordage and Leather Store of Mess. Wm. Plume, & Co. A general assortment of SHIP CHANDLERY, Among which are the following articles of superior quality, viz.
British CANVAS, from No. 1 to 8, Paints in kegs and pots, ground in oil, Powdered Venetian Red, Putty in bladders, refined Salt Petre, Green Copperas, Spikes, Nails, &c. of all sizes, Stock, Pad, and Steeped Draw Lock, Chats, Compasses, Quadrants, and Spy Glasses, Seamen's Journals, Paper, Ink Powders, Quills, &c. Sheathing Paper, Velvet Corks, Cork Wood, Shot in bags, Pig and Sheet Lead, Copper Scales and Weights, Tea and Camp Kettles, Spades and Shovels, Butchers' Cleavers, &c. Mill, Whip, X Cut, Hand, Pannel, and Mitre Saws, Carpenters' Tools of every description.—All of which will be disposed of on moderate terms for cash or approved paper. J. Moran. June 8.
At Private Sale, BY S. MARKS, JUN. No. 31, Water-street, corner of Commerce-street, 30 hogsheads Sugar, 10 do. Molasses, 10 do. W. I. Rum, 2 do. Shrub, 9 pipes Cognac Brandy, 10 do. country Gin, 100 bags Green Coffee, 200 boxes mould Candles, Teas, manufactured Tobacco, and Lard. July 13.
For Rent or Lease, The HOUSE now in the occupancy of Mess. Caton and Veale, fronting the Market; it contains an excellent Cellar, a Dry Good Store, and two Rooms below stairs, and three above; a Kitchen may be had with the house. Apply to Mess. Caton & Veale, or to Robert Taylor. May 4.
At a Quarterly Court continued and held for King and Queen County, at the Court-House, on Wednesday the 13th of May, 1807. John M'Douall and Company, Pliffs. against Peter Kemp, executor &c. of Alexander Wedderburn, deceased, and John Wedderburn, eldest son and heir at law of said Alexander Wedderburn, deceased, and John Wedderburn, deceased, and Lydia Wedderburn, devisees of the said Alexander Wedderburn, deceased. Defs. It appearing to the satisfaction of the Court that the defendant Peter Kemp, executor of Alexander Wedderburn, deceased, has not settled his account as executor of the said deceased; on the motion of the defendants by their counsel, it is ordered, that the said Peter Kemp settle his account of his executorship of the will and administration of the estate of the said Alexander Wedderburn, deceased, before the Master-Commissioner of Norfolk Borough, who is requested to state any matter specially either party may require, or that he may think proper. (A Copy) Thomas W. Todd, D. C. C.
Master Commissioner's Office, of Norfolk Borough, August 3, 1807.
The parties named in the above order, as plaintiffs and defendants, are hereby notified, that I have appointed Monday the 7th day of September next, for acting upon the said order; on which day at 10 o'clock in the forenoon, the said parties are desired to attend at my office, with their books and accounts. John Cowper, M. C. of Norfolk Borough.
NOTICE. The assignees of the estate of Gilbert Robertson, and of the estate of James Brown, insolvent debtors, give notice pursuant to the act entitled "An act for giving relief in cases of insolvency," to the creditors of the said insolvent debtors, that on the first day of October next, from the hours of ten to one o'clock of that day, at the court-house of Alexander V. Foster, in Washington-street, in the City of New-York, the assignees will proceed to make a division of all the money, which shall have come to their hands of such estates.—Dated this 24th day of June, 1807. James M. Evers, } Alex. V. Foster, } Assignees. John Jones, jun. }
To Elizabeth Plume, one of the devisees of William Plume, Esq. deceased; Fortescue Whittle, sole administrator of William Davies and Mary his wife, and Theo. Armistead.
In a certain suit in equity, instituted in the Superior Court of law and equity, for the district of Edenton, by Wm. Cowper against the President and Directors of the Dismal Swamp Canal Company, William Plume, deceased, William Davies, deceased, and Theo. Armistead, certain proceedings were had in the said Court, and at March term last, at a Superior Court of law and equity, held at Edenton, in the county of Chowan, in the first circuit of the Superior Courts of law and equity for the State of North Carolina, (to which court all suits in equity, &c. lately depending in the Superior Court of the district of Edenton, where the defendants resided out of the state, were by law transferred) it being suggested by the plaintiff's counsel that William Plume and William Davies were dead, the court directed that the plaintiff have leave to bring in the representatives, executors, or administrators of the said William Plume, William Davies, by scire facias or otherwise, to defend the said suit if they think proper, and that Theo. Armistead answer agreeable to the following order of the said court. Therefore, Notice is hereby given to you by the subscriber, attorney of the plaintiff and complainant, that the following order was made at March term, 1807, of the said court, that you the said Elizabeth Plume, Fortescue Whittle, and Mary his wife, may appear and make defence to the said suit at the succeeding term of the said court, which will be held at Edenton on the first Monday after the fourth Monday in September next, and you the said Theo. Armistead answer pursuant to the said order. J. Hamilton, Attorney for Complainant. Near Edenton, 30th June, 1807.
Wills Cowper, } State of North Carolina, against } first circuit, in equity, The President and Directors of the } Chowan County Dismal Swamp Canal Co. et al. } March Term, 1807. In this cause it is ordered, that the rule against the defendant the said Armistead be made absolute, unless he file his answer in two months.—The death of Davies and Plume being suggested by the complainant, it is ordered that he have leave to serve the executors, administrators, or representatives of the said Davies and Plume, with process of scire facias, to bring them in, and by such means scire facias or otherwise, as he may think proper. A true Copy, (Signed) J. B. Blount, C. & M. C. C.
For Sale by the Subscriber, 70 crates EARTHENWARE, 12 casks Glassware, 30 grove Bottles, 100 boxes 8 by 10, 42 do. 10 by 12 Window Glass, 90 pieces twilled Sacking, 5 boxes Pipes, 6 hogsheads Philadelphia Loaf Sugar, 6 pipes Cognac Brandy, 1 pipe Madeira Wine, 9 do. Sicily Wine, 12 hogsheads Whiskey, 8000 bushels coarse Liverpool Salt, 5000 do. fine do. 100 sacks fine do. do. 50 hogsheads Richmond, 100 do. Petersburg Tobacco, 15 bales Cotton, 3780 bushels Corn. Alexander Maclure. July 10.
300 dozen empty BOTTLES, will be sold low if applied for immediately. John C. Niemeyer. ALSO, An invoice of fine Linen GAUZE, for Musquito Curtains. May 27.
FOR RENT, The Store and Dwelling-House, on Market-Square, at present occupied by Mess. Quemper & Duen. Apply to William B. Lamb. WANTED, A few Shares Virginia Bank Stock. April 13.
FOR RENT, (And immediate possession given) That commodious Fire-Proof WARE-HOUSE, on the North side of Wide Water-street, a few doors West of Commerce-street, at present in the occupancy of Mr. R. Gibson. David Patterson. January 16.
NOTICE. The Street Commissioners will allow to all Crafts from the rivers and shores of the bay, One Dollar per ton for every ton of good round paving Stone, which may be delivered upon their wharf in Norfolk, between this time and the 20th June next. May 11.
NORFOLK: PUBLISHED THREE TIMES A-WEEK, BY WILLIAM DAVIS, FOR THE PROPRIETOR, OPPOSITE THE EXCHANGE COFFEE HOUSE Price Six Dollars yearly, in advance.