Norfolk gazette and publick ledger (Norfolk [Va.]), 1807-03-04 00:00:00

NORFOLK GAZETTE And PUBLICK LEDGER  SINT HIC ETIAM SUA PRÆMIA LADIS
VOL. III.]
WEDNESDAY EVENING, MARCH 4, 1807.
NO. 35
Price 1s. 6d.
For PHILADELPHIA. The Schooner LIBERTY , a regular trader, Michael Lewis, master, now lying at Malclure's wharf—for freight or passage, apply to S. Marks, Jun. or the Captain on board.
For Freight. A freight is wanted for the Schooner UNION , Capt. Taylor, she is a good vessel and will carry 700 barrels. For terms apply to Fisk & Catlett. Who has for Sale on board said vessel,  20 hhds. choice retailing Molasses. In Store,  20 bbls. and 2 hogsheads Loaf Sugar.
FOR SALE. On board the ship Betsey , from Liverpool. 7,000 bushels coarse Salt 1168 sacks fine do. filled in Liverpool 94 crates Earthenware.
THE BETSEY is a fine fast sailing ship, almost new, and will return direct to Liverpool—for freight apply to A. MACLURE. Who has also in store for sale, 58 crates Earthenware, 16 casks Gin & wine 8 gross Bottles in crates, 16 pipes Cognac Brandy 8 pipes fine old Sicily Wine, 2 boxes coarse Hats 5 boxes Pipes, 9 boxes Castile Soap 11 cases Aniseed, one dozen each 7 casks Claret Wine. Feb. 23—tf
For Charter. The good Ship GEORGE , Samson, master, burthen about 320 hds. now ready to receive a cargo. For terms apply to Moses Myers.
For LONDON. The Ship INDIA PACKET , William Rindge, master, a part of her cargo being engaged, for the remainder, or passage, having good accommodations, apply to the master on board, PHINEHAS DANA.
For Freight or Charter. The very fast sailing Ship THOMAS , Capt. N. Bouh. Apply to GEORGE MURRAY, & CO.  St. Ubes SALT, on board the Ship Thomas , for Sale
THE AMERICAN SHIP AMELIA ANTONIETTE. Captain Williams, burthen 450 hogsheads to becco, is offered for Charter by C. & F. Whittle.
For FREIGHT or CHARTER. The Phil a built Ship William Penn , coppered, burthen 360 tons, now ready to receive a cargo. Apply to Edward Watson.
Who has for Sale, 3 Trunks excellent Linen; 7 doz. Chairs; 1 case Umbrellas, well assorted; 12 casks white Wine Vinegar.
FOR BOSTON. The fast sailing Schooner LYDIA , Captain Ryder, will carry 700 barrels, will sail in 4 or 5 days. For freight or passage, apply on board at Newton's wharf, or to Fisk & Catlett.
LAND FOR SALE. The subscriber is empowered to sell a Tract of LAND, situated on the south side of the Eastern Branch of Elizabeth River, and distant about one mile from the Bridge. The Land near the river is high, and furnishes a fine view of the town of Norfolk. No site near the town is better adapted for a country seat. The terms of sale will be made accommodating to the purchaser.  Robert B. Taylor.
NOTICE. All persons having claims against the Estate of DANIEL McPHERSON , deceased, are requested to exhibit them immediately to the Subscriber duly attested those indebted to said estate, are informed that an immediate payment is indispensable.  John McPhail, Ex r .
DR. JAMES BROWN, Begs leave to inform his friends and the publick of Norfolk and its vicinity, that he practices  PHYSICK AND SURGERY. and hopes to meet publick patronage.—He may be consulted at his shop in Main-street, and adjoining Mess. Southgate's store. Feb. 18. Gw
NOTICE. All persons having demands against His Majesty's Ship Chichester , Edward Stopford, Esq. commander, are required to send them in immediately to the subscriber; no notice will be taken of any that may appear after said ship leaves the harbour.  William Gray.
Campeachy Logwood. 37 tons Campeachy LOGWOOD of an excellent quality, for Sale by William Pennock. 100 crates Queen's Ware and China, well assorted.
For SALE. 3 pipes Cognac Brandy, 4th proof, 2 do. Holland Gin; 2 do. Antigua Rum, 7 hogsheads Molasses, 10 barrels 5 years old Peach Brandy, very superior quality, 100 do. family Flour, 60 do. fine do.; 10 boxes Chocolate, no. 2 & 3, 200 lbs. Coffee; and 20 Boxes Loaf Sugar, by B. Northington, & Co.
STATE PAPERS  RELATIVE TO THE LATE NEGOTIATION BETWEEN  FRANCE AND ENGLAND.
No. XXVI. Paris, 26th August, 1806. The silence constantly maintained by their excellencies the French plenipotentiaries, as well as by the minister for foreign affairs, after the official note of the undersigned and viscount Yarmouth of the 11th instant; after the letter transmitted to his excellency the minister for foreign affairs, on the 14th; and after the official note of the undersigned of the 22nd instant, appears clearly to announce that the French government have abandoned all desire of peace on the basis which itself was the first to propose, and which the undersigned uniformly declared to be the sole and only basis on which he was authorised to treat with that government.
In this state of things, the undersigned cannot flatter himself that any advantage can result from a longer stay at Paris; whilst, on the other hand, a further delay must naturally give the two nations, as well as all Europe, reason to believe that peace, the object of their wishes, is on the point of being concluded, at the very moment when all reasonable hope in this respect appears to be entirely vanished. Strongly impressed with this opinion, the undersigned perceives himself obliged to terminate his mission, by making to his excellency the minister for foreign affairs, the formal request for the necessary passports for him to return to his sovereign.
At the same time, and conformably to the conciliatory spirit which has characterised all his steps, since his arrival in Paris, the undersigned, even now, that he sees himself under the necessity, by his instructions, to ask for passports, cannot resolve to render impossible a communication from the French government, of a nature to enable the undersigned to continue the negotiation, although after a long silence of that government, he can scarcely look for a favourable issue.
It will be on Wednesday morning next, the 27th instant, that the undersigned will do himself the honour to repair in person to his excellency the minister for foreign affairs, to make the formal and definitive request for the necessary passports for himself and suite. He only adds that the passports for which he shall ask, will be for his immediate return, and not for passports to be made use of according to circumstances such as he lately asked for.  LAUDERDALE.
No. XXVII. 25th August, 1806.
The plenipotentiaries of his majesty the emperor of the French, king of Italy, desiring to confer with his excellency lord Lauderdale, plenipotentiary of his Britannick majesty, on the object of the last note which his excellency transmitted them, invite him to come to-morrow, at three o'clock, to the ministry of the interior, where they will be assembled, should that hour suit his excellency. M. de Champagny has the honour to propose to lord Lauderdale to dine with him after the conference. He hopes that his excellency will bring with him to dinner Messieurs Stewart and Maddison.
No. XXVIII.
Lord Lauderdale, plenipotentiary of his Britannick majesty, has the honour to acknowledge the reception of the note which has just been transmitted him from their excellencies the French plenipotentiaries. He will do himself the honour, at three o'clock to-morrow to go to the ministry of the interior, and afterwards to dine with his excellency Mr. de Champagny. Messrs. Goddard, Stewart and Maddison will in like manner do themselves the honour to be present at the dinner.  LAUDERDALE.
No. XXIX. Paris, 29th August, 1806.
At the moment of renewing with their excellencies the French plenipotentiaries the conference of the 26th instant, the undersigned plenipotentiary of his Britannick majesty conceives himself obliged to lay before their excellencies the state of the negotiation such as it was at the sequel of the note transmitted from the undersigned and from Viscount Yarmouth on the 11th instant. Their excellencies the French plenipotentiaries will see, conformably to the instructions, that at the sittings at which the discussion took place, the undersigned is no longer permitted to continue it, unless that, by the admission of the sole basis on which he is authorised to negotiate, their excellencies furnish him with new motives to justify such a determination.
In the official note transmitted to their excellencies the French plenipotentiaries, of the 12th August, it was observed to them, "that the British government, far from pretending to, reposed of the French government, all the restitutions which may be convenient for them, without their being bound to any restitution towards France, have manifested no other desire than that of treating with the French government on the basis proposed by France herself, as is expressed in Lord Lauderdale's note, viz. to treat generally upon the basis of the uti possidetis , which ought scrupulously to be observed, excepting in the case of Hanover, which was proposed to be ceded wholly to his majesty."
"Even were it possible to mistake the results to be necessarily drawn from this principle, the discussions which took place by word of mouth on the 11th instant, between the French plenipotentiaries and the undersigned, left no doubt that the proposal thus brought forward was perfectly understood by these plenipotentiaries. The undersigned have in consequence only to repeat that, conformably to
the instructions of their government, they can do no otherwise than to insist upon this principle being previously acknowledged. It is only on this condition that they are allowed to continue the negotiation."
This note remained unanswered till the 26th of the month, when their excellencies the French plenipotentiaries notified in writing to the undersigned "that wishing to converse with him upon the object of the last note which he had addressed to them, they requested him to repair the next day to the ministry of the interior, where their excellencies would be met together."
The undersigned refrains from making any observation upon the interval which elapsed between the sending of the note, of the 11th, and the period when it was answered, as also upon the manner in which it was avoided entering into discussion, in writing, upon the contents of that note, according to the usage of all times and all countries, where the affairs of this importance are treated of. He confines himself to observing that when, after such a long delay, and in consequence of a written invitation, the undersigned required either in hope of at length receiving the decision of the French government upon the contents of the official note of the 11th, the conference seemed to tend on the part of their excellencies the French plenipotentiaries only to engage the undersigned, at present, the detailed project of a treaty.
In the note of the 11th August, the undersigned, conjointly with Viscount Yarmouth, had already formally declared that, until France had obtained the same such as the British government thought it had been proposed in the last instance by her, he was not allowed to enter into the details of the negotiation. Thus, although the undersigned should have forgot himself so far as to accede to the proposition made to him by their excellencies, by their excellencies the French plenipotentiaries, not only would it have been necessary that for this purpose he should relinquish the only conditions which his instructions authorised him to admit as the basis of the negotiation, but that he should further expose himself to a manifest encroachment in just presenting the whole project of a treaty, the details of which were to result from the negotiation itself; a negotiation which the undersigned had obtained he could not open till after a previous acknowledgment of the basis of the negotiation.
In the state of things, the undersigned, after having attended, according to the desire of their excellencies the French plenipotentiaries, at the conference which they proposed to him, after having maturely reflected upon all the circumstances which he has received from their excellencies, and thus fully convinced himself that the present state of the French government are very remote from those which his Britannick majesty, in their note of the 11th, to have in fine, in the continuation of the present negotiation, could have no other effect but that of keeping the two nations in a state of war, which the undersigned, in the name of his excellency, the French plenipotentiaries, the resolution he has formed, according to the instructions of his sovereign, to put an end to his mission, the admission, in writing, of the basis on which he was authorised forward by the undersigned can alone make any change in this determination. (Signed) LAUDERDALE.
No. XXX. Copy of a Note addressed to the Minister for Foreign Affairs to the Earl of Lauderdale.
The undersigned minister for foreign affairs, has the honour to inform his excellency, the Earl of Lauderdale, that the successive notes of his excellency the minister plenipotentiary of his Britannick majesty, of the 9th August, of the 10th, of the 11th, of the 12th, of the 14th, of the 15th, of the 16th, of the 17th, of the 18th, of the 19th, of the 20th, of the 21st, of the 22nd, and of the 23rd of the same month. He has received orders to address to his excellency the Earl of Lauderdale, relatively to these successive notes, the following declaration.
Previous to the appointment of lord Lauderdale, the negotiation between France and England exhibited all the marks of a calm and moderate discussion, but after his arrival, it assumed all of a contentious aspect, and every question, and his request to the minister could not but be extremely embarrassed to give effect at the same time both the intervention of a second plenipotentiary of his majesty, the king of England, and the formal demand of passports for his return.
One single conference had taken place; the second was not yet assigned, the visits prescribed by reciprocal regard had not been made by the new minister plenipotentiary of his Britannick majesty; and, however, demands for passports were renewed every hour; in vain did the plenipotentiaries of his majesty the emperor strive to make themselves understood; in vain did they give, in vain did they ask for explanations; they met with only the most persevering refusal to listen to whatever might tend to a conciliation.
The minister of his majesty the Emperor had to give him an account of the obstacles they met with, and of the disgust which they had to experience; and his majesty judging of the views of the plenipotentiary of his Britannick majesty from the unbecomingness of the impetuous, and, one may say, savage form, which he had but feared to adopt, must have seen proofs that his intention of lord Lauderdale had been to cause, for the purpose of precipitately breaking off the negotiation, which, in its principle, announced a desire for a peaceful issue.
However, his majesty, in order to preserve the peace, by varying moderation, has been prepared to
evenness, the English plenipotentiary would not determine upon closing the negotiation, but insisted upon the re-laying of the painful sacrifice of the minister of an hostile government should come to offer, in the very heart of the capital, a state of measures and superiority; but at length the expressions contained in the sixth note, obliged him to recognise the impossibility of concluding a peace with plenipotentiary whose every demand is an insult, and every step a trait of hostility, and the undersigned has in consequence received orders to deliver to his excellency lord Lauderdale the passports he has so persistently demanded.
But, at the same time, his majesty the emperor and king has enjoined the undersigned formally to declare that he is, as far as it depends upon him, ready to resume the negotiation, and that it will be interrupted, and that it will be resumed, in whatever place it may be, in the spirit of conciliation with a free and mutual discussion, in a right understanding, and in the spirit of the two governments, and in the form of the two governments.
His excellency will infer from the minister's submission, which may be contrary to his majesty's, that which might have been from the principle of the two governments, among the great powers, it is necessary to be happy and to have peace, and that the plenipotentiary of the one should share in all the conditions of the other, and that the negotiation, and trace round the general principles, and this is what the undersigned, in the name of the king of England has had to say to his excellency. England was not in need of respect from France, as if the choice of one more all against the French nation, and that she should support all the evils of it.
The undersigned has the regret of having to declare to his excellency lord Lauderdale, that if in reality his mission were to break off the negotiation already so far advanced; if, in the mild and conciliatory language which had approximated the two governments, he wished to find the calamities which it would be so painful to put an end to, he would be compelled, after all, very sorry to be compelled to break off the negotiation between France and England, and to put an end to the negotiation carried on by him, in the name of his majesty, with the same two governments, as far as it has been hitherto, and to terminate the negotiations, and to terminate their personal happiness, and the happiness of their respective nations, by terminating the negotiation, the duration of which is a scourge, not only to the two contending nations, but for all the nations of the globe. Now, to throw obstacles in the way of the good, it suffices to remain obstinate to the idea of co-operating in it.
The undersigned must here repeat what he wrote to his excellency Mr. Fox, "That the French government, if they would continue to negotiate, must change the conditions of peace, or a negotiation contrary to danger." The French government continues to adhere at this moment, as it did at that period, to the two bases of negotiation which both parties agreed upon, to wit:
1st. To the principle drawn from Mr. Fox's letter of the 26th March, that both states shall have the same object; "That the peace be honourable to them, and their respective allies, at the same time that the peace shall be of a nature to secure as far as may be in their power the future repose of Europe."
2nd. To the principle which establishes, "An armistice in favour of both powers of all rights of intervention and guarantee for continental affairs, and for maritime affairs." The undersigned has the honour to renew, as before, the offer of the armistice. Signed, CH. M. TALLEYRAND, Prince of Benevento
No. XXXI.
The undersigned plenipotentiary of his Britannick majesty transmitted, without delay, to his court, the communication which was made to him by his excellency the minister for foreign affairs, on Thursday the 4th inst. and he now hastens to answer that communication by intimating to his excellency the course which his majesty has judged proper to prescribe to him in the present circumstances.
His Britannick majesty, always attentive to the maintenance of the intimate connections and the alliance which subsist between his majesty and the emperor of all the Russias, naturally made in the recent conduct of his illustrious ally, and the circumstances which he has just passed of the interest he takes in the welfare of Great Britain, and in the general happiness of Europe, new motives not to separate in any case his interests from those of the court of Petersburg.
However, his majesty does not pretend to carry this principle further than Viscount Yarmouth must have been authorised to the instructions of Mr. Fox, in the first communication with the French government. Nothing prevents the interests of Great Britain and France from being treated separately, and his majesty does not authorise the undersigned to sign a treaty otherwise than provisionally, and truly being not to have its full effect but in case peace should not be made between the faithful ally and France; it is upon these conditions alone that the undersigned is now authorised to negotiate.
The undersigned has orders to add that his Britannick majesty, in order to preserve the peace, by varying moderation, has been prepared to

...the French plenipotentiaries he is to make the official communication of the conditions. In the mean time, and for the satisfaction of his excellency the minister for foreign affairs, he has no difficulty in telling him, that they will be in substance the same which have already been communicated to his excellency by his excellency Baron de Budberg.
The undersigned will wait with a lively impatience the answer which his excellency the minister for foreign affairs will be kind enough to make him in writing to his communication. It is the more essential for him to obtain it under this form, as his court has already thereupon remarked, that the communications already made by the undersigned, have several times remained without any written answer.
The undersigned has the honor to renew to his excellency the minister for foreign affairs, the assurances of his high consideration.
LAUVERDALE. Paris, 13th Sept. 1806. (To be Continued)
SUPREME COURT OF THE UNITED STATES. FEBRUARY TERM, 1807.
The United States vs. Bollman and Swartwout Habeas Corpus
Chief Justice Marshall delivered the following opinion of the court.
The prisoners having been brought before this court on a writ of habeas corpus, and the testimony on which they were committed having been fully examined and attentively considered, the court is now to deliver its opinion upon the case.
This being a case of habeas corpus, without setting forth the facts of the prosecution, the question to be determined is whether the accused shall be discharged or held to trial, and if the latter, in what place they are to be tried, and whether they shall be remanded, or admitted to bail. "If," says a very learned and accurate commentator, "upon this enquiry it manifestly appears that no such crime has been committed, or that the suspicion entertained of the prisoner was wholly groundless, in such cases only it is lawful totally to discharge him. Otherwise he must either be committed to give bail."
As there is no evidence which directly excites and agitates the passions of the people, or charge demands from the internal state which it is made a deliberate and formal enemy, whether this enquiry be directed to the fact or to the law, none the less is it a more important one to the government, and more effect on the public both.
To prevent the possibility of these difficulties which result from the want of a general knowledge of the law, and the want of a general knowledge of the law which defines and limits the various elements of our government has been a rule in the subject both to the legislature and the courts of America which neither can be admitted to transcend.
"Treason against the United States shall consist only in levying war against them, or in adhering to their enemies giving them aid and comfort."
To constitute that specific crime for which the prisoners now before the court have been committed, it must be actually levied against the United States. However, sedition may be the act of conspiring to subvert by force the government of our country, such conspiracy is not treason. To conspire to levy war, and actually to levy war are distinct offences. The first must be brought into operation by the assembly of men for a purpose treasonable in itself, or the act of levying war cannot have been committed. So far has this principle been carried that, in a case reported by Ventrue, and mentioned in some of the books, it was held that it has been determined that the actual enlistment of men to serve against the government does not amount to levying war. It is true that in that case the soldiers enlisted were to serve without the realm, but they were enlisted within it, and if the enlistment for a treasonable purpose could amount to levying war, then war had been actually levied.
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 actually 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. But there must be an actual assembling of men for the treasonable purpose, to constitute levying of war.
Critics on the law of treason, have for their object the subversion by violence of those laws and those institutions which have been ordained in order to secure the peace and happiness of society, are not to escape punishment because they have not been executed. The wisdom of the legislature is competent to provide for the case; and the framers of our constitution who not only aimed at insuring the crime, but with jealous circumspection endeavoured to protect it by a limitation of power, that no person should be convicted of it, unless on the testimony of two witnesses to the same overt act, or on confession in open court, must have considered it more safe that punishment in such cases should be ordained by general laws formed upon deliberation, under the influence of no resentments, and without knowing on whom they were to operate, than that it should be inflicted under the influence of those passions which the occasion seldom fails to excite, and which a flexible definition of the crime, or a construction which would render it impossible to convict, might be into operation. It is therefore the opinion of the court that it is not necessary to inquire into the nature of the case, or the amount of the evidence, but to determine whether the facts proved are sufficient to constitute the crime.
Christian should receive such punishment as the legislature may provide.
To constitute the crime of levying war against the U. S. there must be an actual assembly of men for the purpose of executing a treasonable design.
In the case now before the court, a design to overturn the government of the United States in 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 of war against the United States, but no conspiracy for this object, no enlistment of men to effect it, would be an actual levying of war.
In conformity with the principles now laid down have been the decisions heretofore made by the judges of the U. States.
The opinion given by judge Paterson and judge Iredell, in cases before them, imply an actual assembling of men though they rather designed to remark on the purpose to which the force was to be applied than on the nature of the force itself. Their opinions, however, contemplate the actual employment of force.
Judge Chase, in the trial of Fries, was more explicit.
He stated the opinion of the court to be "that if a body of people conspire and meditate an insurrection to resist or oppose the execution of any statute of the United States, by force, they are only guilty of a high misdemeanor; but if they proceed to carry such intention into execution by force, that they are guilty of the treason of levying war; and the quantity of the force employed, neither lessens nor increases the crime; whether by one hundred, or one thousand persons, it is wholly immaterial. "The court are of opinion," continued judge Chase, on that occasion, "that a combination or conspiracy to levy war against the United States, is not treason, unless combined with an attempt to carry such combination or conspiracy into execution; some actual force or violence must be used in pursuance of such design to levy war; but it is altogether immaterial whether the force used is sufficient to effectuate the object; any force connected with the intention, will constitute the crime of levying war."
The application of these general principles to the particular case before the court will depend on the testimony which has been exhibited against the accused.
The first deposition to be considered is that of general Eaton. This gentleman connects in one statement the purport of numerous conversations held with col. Burr throughout the last winter. In the course of these conversations were communicated various criminal projects which seem to have been revolving in the mind of the projector. An expedition against Mexico seems to have been the first and most matured part of his plan. If indeed it did not constitute a distinct and separate plan, upon the success of which other schemes still more culpable, and not yet well digested might depend. Maps and other information preparatory to its execution, and which would rather indicate that it was the immediate object, had been procured, and for a considerable time. In repeated conversations, the whole course of col. Burr were directed to prove to the witness, who was to have held a high command under him, the practicability of the enterprise, and in explaining to him the means by which it was to be effected.
This deposition exhibits the various schemes of col. Burr, and its materiality depends on connecting the witness at the bar in such of those schemes as are treasonable. For this purpose the affidavit to general Wilkinson, comprehending in its body the substance of what from col. Burr has been offered and was received by the circuit court. To the validity of this testimony great and serious objections have been made. It has been urged that it is a statutory, or rather an extra-judicial affidavit made before a person not appearing to be a magistrate, and containing the substance only of a letter, of which the original is obtained by the person who made the affidavit.
The objection that the affidavit is extra-judicial relates itself into the question whether one magistrate may commit on an affidavit taken before another magistrate. For if he may, an affidavit made at the residence of a commitment, ceases to be extra-judicial, and the person who makes it would be liable to a prosecution for perjury as if the statutory requisitions had been complied with.
To decide that an affidavit made before one magistrate cannot justify a commitment by another, might in many cases be productive of great inconvenience, and does not appear susceptible of abuse if the validity of the certificate be established. Such an affidavit was admissible on the principle that before the accused is put upon his trial, all the proceedings are ex parte. The court, therefore, over-ruled this objection.
That which questions the character of the person who has on this occasion administered the oath is also to be considered.
The certificate from the office of the department of state has been offered insufficient by the court for the prisoners, because the law does not require the appointment of district judges for the territory of New Orleans to be certified to that office, because the certificate is in itself informal, and because it does not appear that the magistrate had taken the oath required by the act of congress.
The first of these objections is not supported by the law of the case, and the second may be so readily corrected that the court has proceeded to consider the subject as if it were corrected, retaining however any final decision, if against the prisoners, until the correction shall be made. With regard to the third, the magistrate must be presumed to have taken the requisite oaths, since he is found acting as a magistrate.
On the admissibility of that part of the affidavit which purports to be as near the substance of the letter from col. Burr to gen. Wilkinson as the latter could recollect it, a division of opinion has taken place, in the court. Two judges are of opinion that no such testimony delivered in the presence of the prisoner, on his trial would be totally inadmissible, and that it can be considered as a foundation for a commitment. Although in making a commitment the magistrate does not decide on the guilt of the prisoner, yet he does decide on the probability of his guilt, and the painful imprisonment which would result from a commitment to be proved by testimony.
nature of the case it must be ex parte, might, in other respects be such as a court and jury might hear.
Two judges are of opinion that in this incipient stage of the prosecution an affidavit stating the general purport of the letter may be read, particularly where the person in possession of it is at too great a distance to admit of its being obtained, and that a commitment may be founded on it.
Under this embarrassment it was deemed necessary to look into the affidavit for the purport of discovering whether if admitted, it contains matter which would justify the commitment of the prisoners at the bar on the charge of treason.
That the letter from col. Burr to gen. Wilkinson relates to a military enterprise meditated by the former has not been questioned. If this enterprise was against Mexico, it would amount to a high misdemeanor, if against any of the territories of the U. States, or if in its progress the subversion of the government of the United States in any of their territories was a mean clearly and necessarily to be employed, if such means formed a substantive part of the plan, the assemblage of a body of men to effect it would be levying war against the United States.
The letter is in language which furnishes no distinct view of the design of the writer. The co-operation, however, which is stated to have been secured, points strongly to some expedition against the territories of Spain. After making these general statements the writer becomes rather more explicit and says, "Burr's plan of operations is to move down rapidly from the falls on the 15th of November with the first 500 or 1000 men in light boats now constructing for that purpose to be at Natchez between the 5th and 15th of December, there meet to Wilkinson; and to determine whether it will be expedient in the first instance to seize on, or to pass by Baton Rouge. The people of the country to which we are going are prepared to receive us. Their agents now with Burr say that if we will protect their religion and will not subject them to a foreign power, in three weeks all will be settled."
There is no expression in these sentences which would justify a suspicion that any territory of the U. S. was the object of the expedition.
For what purpose seize on Baton Rouge; why engage Spain against this enterprise, if it was designed against the United States?
"The people of the country to which we are going are prepared to receive us." This language is peculiarly appropriate to a foreign country. It will not be contended that the terms would be inapplicable to a territory of the United States, but other terms would more aptly convey the idea, and Burr seems to consider himself as giving information of which Wilkinson was not possessed. When it is recollected that he was the governor of a territory adjoining that which must have been threatened, if a territory of the United States was threatened, and that he commanded the army, a part of which was stationed in that territory, the probability that the information communicated related to a foreign country, it must be admitted, gains strength.
"Their agents now with Burr say that if we will protect their religion and will not subject them to a foreign power, in three weeks all will be settled." This is apparently the language of a people who, from the contemplated change of their political situation, feared for their religion, and feared that they would be made the subjects of a foreign power. That the Mexicans should entertain these apprehensions was natural and would readily be believed. They were, if the representation made of their dispositions be correct, about to place themselves much in the power of men who professed a faith different from theirs, and who by making them dependent on England or the United States, would subject them to a foreign power.
That the people of New Orleans as a people, if really engaged in the conspiracy, should feel the same apprehensions, and require assurances on the same points, is by no means obvious.
There certainly is not in the letter delivered to gen. Wilkinson, so far as that letter is laid before the court, one syllable which has a necessary or a natural reference to an enterprise against any territory of the United States.
That the bearer of this letter must be considered as acquainted with its contents, is not to be controverted. The letter and his own declarations evince the fact.
After stating himself to have passed through New York and the western states and territories, without specifying that he had performed on his estate any act whatever which was connected with the enterprise, he states their object to be "to carry an expedition to the Mexican provinces."
This statement may be considered as explanatory of the letter of col. Burr, if the expressions of that letter could be thought ambiguous.
But there are other declarations made by Mr. Swartwout, which constitute the criminality of this case. On an enquiry from gen. Wilkinson, he said "his territory would be revolutionized where the people were ready to join them, and that there would be some amazement, he supposed, at New Orleans."
If these words import that the government established by the United States in the western territories, was to be revolutionized by an enterprise against Mexico, or a means of effecting a greater project, the design was a treasonable one, and any assemblage of men for that purpose would amount to a levying of war. But on the amount of the words a difference of opinion exists. Some of the judges suppose they refer to the territory against which the expedition was intended, others to that in which the conversation was held. Some consider the words if even applicable to a territory of the United States, as alluding to a revolution to be effected by the people rather than by the party conducted by col. Burr.
But whether this treasonable intention be really imputable to the plan or not, it is admitted that it must have been carried into execution by an open assemblage of men for that purpose, previous to the arrest of the prisoner, in order to consummate the crime as to him; and a majority of the court is of opinion that the conversation of Mr. Swartwout affords no sufficient proof of such assemblage.
The prisoner stated that "col. Burr with the support of a powerful association extending from New York to New Orleans, was levying an armed body of 7000 men, from the state of New York and the western territories, with a view to an armed expedition to the Mexican provinces."
That the association, whatever may be its purpose, is not treason, has been already stated. That levying an army may or may not be treason, and that this intention with which it is levied, and on the point to which the parties have advanced, has been also stated. The mere enlisting of men without assembling them is not levying war. The question then is whether this evidence proves col. Burr to have advanced so far in levying an army as actually to have assembled them.
It is argued that since it cannot be necessary that the whole 7000 men should have assembled, their commencing their march by detachments to the place of rendezvous, must be sufficient to constitute the crime.
This position is correct, with some qualification. It cannot be necessary that the whole army should assemble, and that the various parts which are to compose it should have combined. But it is necessary that there should be an actual assemblage, and therefore the evidence should make the fact unequivocal.
The travelling of individuals to the place of rendezvous would perhaps not be sufficient. This would be an equivocal act, and has no warlike appearance. The meeting of particular bodies of men and their marching from places of partial to a place of general rendezvous would be such an assemblage.
The particular words used by Mr. Swartwout are that col. Burr was levying an armed body of 7000 men. If the term levying in this place imports that they were assembled, then such fact would amount, if the intention be against the United States, to levying war. If it barely imports that he was enlisting or engaging them in his service, the fact would not amount to levying war.
It is thought sufficiently apparent that the latter is the sense in which the term was used. The fact alluded to, if taken in the former sense, is of a nature so to force itself upon the publick view, that if the army had then actually assembled either together or in detachments, some evidence of such assembling, would have been laid before the court.
The words used by the prisoner in reference to seizing at New Orleans, and borrowing perhaps by force from the bank, though indicating a design to rob, and consequently importing a high offence, do not designate the specific crime of levying war against the United States.
It is therefore the opinion of a majority of the court, that in the case of Samuel Swartwout, there is not sufficient evidence of his levying war against the United States to justify his commitment on the charge of treason.
Against Erick Bollman there is still less testimony. Nothing has been said by him to support the charge that the enterprise in which he was engaged had any other object than was stated in the letter of col. Burr. Against him, therefore, there is no evidence to support a charge of treason.
That both the prisoners were engaged in a most culpable enterprise against the dominions of a power at peace with the United States, those who admit the affidavit of general Wilkinson cannot doubt. But that no part of this crime was committed in the district of Columbia, is apparent. It is therefore the unanimous opinion of the court that they cannot be tried in this district.
The law read on the part of the prosecution is understood to apply only to offences committed on the high seas, or in any river, haven, basin or bay, not within the jurisdiction of any particular state. In these cases there is no court which has particular cognizance of the crime, and therefore the place in which the criminal shall be apprehended, or, if he be apprehended where no court has exclusive jurisdiction, that to which he shall be first brought, is substituted for the place in which the offence was committed.
But in this case, a tribunal for the trial of the offence wherever it may have been committed, had been provided by congress; and at the place where the prisoners were seized by the authority of the commander in chief, there existed such a tribunal. It would be too extremely dangerous to say, that because the prisoners were apprehended, not by a single magistrate, but by the military power, there could be given by law a right to try the persons so seized in any place which the general might select, and to which he might direct them to be carried.
The act of congress which the prisoners are supposed to have violated, describes as offenders those who begin or set on foot, or provide or prepare the means for any military expedition or enterprise to be carried on from thence against the dominions of a foreign prince or state, with whom the United States are at peace.
There is a want of precision in the description of the offence which might produce some difficulty in deciding what cases would come within it. But several other questions arise which a court consisting of four judges finds itself unable to decide, and therefore as the crime, with which the prisoners stand charged has not been committed, the court can only direct them to be discharged. This is done with the less reluctance because the discharge does not acquit them from the offence which therein probable cause for supposing they have committed, and if those whose duty it is to protect the nation by prosecuting offenders against the laws shall suppose those who have been charged with treason to be proper objects for punishment, they will, when possessed of less exceptional testimony, and when able to say at what place the offence has been committed, institute fresh proceedings against them.
The order of the court was as follows:
The United States } vs. } On a writ of Habeas Corpus. Swartwout, }
The arguments of the attorney general and the attorney of the U. S. for the district of Columbia, and the arguments of counsel for the prisoner having been heard; and the record of the circuit court for the county of Washington containing the order by which the said Samuel Swartwout was committed on the charge of treason in levying war against the United States, and the testimony on which the said commitment was made having been inspected and attentively considered, the court is of opinion, that the testimony does not furnish probable cause for supposing that the said Samuel Swartwout has levied war against the United States, and doth therefore direct that he be forthwith discharged from the custody of the law.
The same order with regard to Bollman.

STATE PAPERS RELATIVE TO THE LATE NEGOTIATIONS BETWEEN FRANCE AND ENGLAND.
The papers which we have been publishing for some days, and continue this day, under this title, will be recollected by our readers that we stated, were copied from French news-papers.
The notes of the British Minister, and Negotiators, are read under the disadvantage of having undergone two translations, first from English into French, and then again of French into English. After we had made some progress in our publication from the French papers, we received London papers, containing all the papers, as laid before the British Parliament, these contain many interesting documents, some of which the French government would not, and others that it could not publish; upon collating them with those we have published, we perceive very little difference, and that little only in the phraseology, arising from translation, retaining the spirit and meaning, but losing in neatness and elegance of composition. We shall take up the English documents as soon as we have finished the French.
At present we would observe, that the French government suppressed the following papers in the commencement of the negotiation.
Extract from a letter from M. Talleyrand to Mr. Secretary Fox, dated Paris, March 5, 1806—Received March 19.
(TRANSLATION.)
Paris, March 5, 1806.
It may be agreeable to you to receive news from this country.
I send you the emperor's speech to the legislative body. You will therein see that our wishes are still for peace. I do not ask what is the prevailing inclination with you; but if the advantages of peace are duly appreciated, you know upon what basis it may be discussed."
Extract from a speech delivered by the chief of the French government, to the legislative body on the 2d of March, 1806.
(TRANSLATION.)
I desire peace with England. On my part, I shall never delay it for a moment. I shall always be ready to conclude it, taking for its basis the stipulations of the treaty of Amiens."
But the British Ministers and Negotiators have declared in the most unequivocal manner, that the letter published in our paper of this day, No. XXX, is spurious for that no such paper was ever presented to Lord Lauderdale, who in his place in Parliament, declared that he would not have remained one hour longer in Paris, if such a paper had been presented to him. In place of which, the following is a copy of the note actually presented, and to which Lord Lauderdale afterwards alludes.
Paris 4th September, 1806.
The minister for foreign affairs has received the orders of his majesty the emperor and king, to hold a conference this day with his excellency lord Lauderdale. He has therefore the honour to propose to his excellency to call at the office of foreign affairs at half past two. He begs him to accept the assurance of his high consideration."
Upon receiving this note Lord Lauderdale saw Mr. Talleyrand, and had a long conversation with him, and to which Letter XXXI alludes in great measure, and is fully explained in Lord Lauderdale's letter to Mr. Fox in the English documents. When Talleyrand wrote the note of the 4th of September above, he had just heard that Russia had refused to ratify D'Oubril's Treaty.
WASHINGTON CITY, February 25.
Extract of a letter from a gentleman in Greenville, Miss. Ter. under date of the 26th Jan. last.
"Our territory has been in commotion for some time past in consequence of A. Burr's arrival. After raising and marching the militia, a committee was appointed to go and examine col. Burr's boats—they found 30 or 40 rifles and musket, 3 or 4 pounds of powder, 200 barrels of pork, several trunks of books, and some other small matters. Burr has given security to stand his trial at our next circuit court, and peace and tranquility is restored to the territory. I believe the people here are warmly attached to the general government."
Extract of a letter from a gentleman of respectability, dated Washington, Miss. Ter. 28th Jan. 1807.
"As I suppose you will be solicitous to hear the state of public affairs here, I take up my pen to inform you that col. Burr has been here about a fortnight. His approach gave much alarm, and that alarm has generally been kept up by successive rumours. It does not appear certain, however, that more than 40 or 50 persons accompanied him, and no arms of any moment have been found. These are persons, of good observation, who think he has 300 strangers here of his party. The general assertion, which is made by them, is that their object was to settle the Washita lands bought of Bustrop, and certainly many of them are persons from whom one should much more readily expect a project of this kind than any military enterprise."
Many depositions have been taken, but nothing of moment has come out, except indeed that a Mr. Butler of Kentucky, did last week apply to an acquaintance in Natchez to buy up a quantity of guns for Burr. Comptroller Tyler speaks of emigration only. Mr. Blumenthal and Mr. David Lloyd have not yet been examined."
There is at Natchez a son of gen. Neil and a young gentleman of the name of Wilkinson and two others of the name of Elliott and Robinson, all said to be friends of Burr.
Governor Claiborne arrived in Natchez yesterday, but brings no accounts of any thing particular until he arrived at the river.
Col. Burr is expected to appear at the supreme court next Monday and take his trial.
The attorney general, however, is of opinion that the court can take no cognizance of the offence. It was not one of the offences courts existing here when the act of congress giving federal jurisdiction to the territorial courts was passed; and is indeed only a 'count of error' and appeals, except in civil cases where a special jury is required. On this ground he has declined acting, or at least not acted on any application from the collector at Fort Stoddert relative to offences under the revenue laws."
A letter dated New Orleans, January 28, states that a grand jury had found a bill against judge Wortman and Mr. Kerr, without, however, specifying the charge.
SURRENDER OF COL. BURR.
NATCHEZ, January 20.
On Tuesday morning news reached this place that col. Burr was encamped at the mouth of Bayou Pierre, with a force it was said by some, of 40 men, and by others of 300; the former was found to be the most correct. The commander in chief immediately issued orders for embodying a detachment of the militia, and in 24 hours 273 men were collected on the bank of the river, ready to receive marching orders. A little before sun-set, on Wednesday, the detachment embarked, under the command of col. Ferdinand L. Claiborne, and ascended by water, to the mouth of Cole's creek, where he was joined by a considerable body of the Jefferson county militia.
The detachment was here met by major Shields and capt. Pinckney, aide-de-camp to the governor, who at the moment the detachment embarked, received orders to proceed in haste to col. Burr's encampment, and to announce to him the movement of our troops, and to invite his surrender. An armistice was signed by the parties, and col. Burr agreed to meet the governor the next day at Mr. Calvit's, near col. Claiborne's encampment, and to be attended by col. Fitzpatrick, of Jefferson county. He arrived at the mouth of the creek about 2 o'clock, passed an hour in camp, and accompanied by several officers of the Jefferson troop of horse, was conducted to the appointed place. He surrendered himself a prisoner at discretion, and a detachment of troops ascended to the mouth of Bayou Pierre, to take possession of his arms and other military stores.
On Sunday the commander in chief arrived at col. C's encampment, and addressed the detachment in handsome terms—after which the troops were immediately embarked on board their boats, and returned to this place in the evening, all in good health.
Communication.
The executive of the Mississippi territory, in order to ascertain the views of col. Burr, on the 13th inst. deputed Messrs. Shields and Pinckney, to visit the quarters of that gentleman, near the mouth of Bayou Pierre, and to hold a conversation with him on the subject. On the 16th an amicable agreement was entered into between the parties, in the following words, viz.
"The hon. Cowles Mead, acting as governor of the Mississippi Territory, with a view to restore public tranquility, proposes to Aaron Burr, as follows:
"That an interview shall take place between them, at the house of Thomas Calvit, on Cole's creek, at two o'clock to-morrow."
"The said Cowles Mead pledges himself to protect the said Aaron Burr, during his stay in the territory, and that he shall be returned to his present position in a suitable manner, as soon after the interview as he may please—that in the mean time, there shall be no restraint in his person, no violence or molestation to his boats or people, and that the military of the district shall not, until the return of the said A. Burr, approach nearer to his present quarters, than the mouth of Cole's creek."
A. Burr on his part, engages, that in the mean time, no violence or injury shall be offered by any of his people to the inhabitants of the Mississippi territory—and that they shall keep the peace, and not infringe any law of the United States, or either of its territories.
The parties above named, mutually pledge their honor for the performance of this agreement.
COWLES MEAD, BY
W. R. Shields, } Kids de Camp.
G. Pinckney, } Signed in presence of Thomas Fitzpatrick, January 16, 1807.
In conformity with the above agreement, the proposed interview took place, which resulted in a voluntary submission on the part of col. Burr, to the civil authority of the territory, and also a surrender of whatever military apparatus might be found on board the boats under his direction. A committee was immediately appointed to make the necessary examination, and report forthwith to the governor, the number and description of each military stores as they might discover on board said boats.
It is a general rule of policy to every individual, to surrender his arms and ammunition of the United States, if so demanded, without the contest.
CAPTURE OF CURRACOA.
On Saturday arrived at Port Royal, his majesty's frigate Anson, of 40 guns, captain Lydiard, from Curacoa with 300 prisoners; the colours captured at that island, which was taken in the most extraordinary and gallant manner, by a squadron of frigates, consisting of the Arethusa, 36, captain Brisbane; Latona, 34, capt. Wood; Anson, 40, capt. Lydiard, and Fregatte, 24, capt. Bolton. For skill in planning, and boldness in executing, this event will rank amongst the best of heroic events—it is indeed perfectly in unison with every thing glorious in the past, and an example of every thing glorious in the future.
As our squadron did not possess the means of laying regular siege to the place, captain Brisbane came to the determination of sailing into the port, and storming fort Minto before it could be properly supplied, or preparations in the attempt for retreat, and the possible. The time chosen was day break, on the morning of the 1st January, when all boats were launched out, and the squadron closed in with great resolution. The Arethusa led the way, and the others followed in succession. The fort was taken by storm, and the garrison surrendered.
where without action, the garrison might have been reinforced from the main land, and the whole force might have been destroyed. Troops were landed from the ships, and prevented from crossing the causeway, and the garrison, not more than three broadsides were fired from our frigates when the ships came alongside, and the fort was taken. The garrison, consisting of the Arethusa and Anson, with the marines of Latona, landed by captains Brisbane, and Wood, were landed, Port Amsterdam stormed and all the out works had British colours flying before eight o'clock, Fort Republic on the hill, and Curacoa Port excepted. The Fregatte had orders to act against Otto Bandy, two batteries distinct from the main land, she took possession of, one of which the men absolutely swam, the enemy being previously dislodged. The guns of Fort Amsterdam were fired but once; on our people storming the place they did not act in a body, but retreated in confusion, firing round corners and from houses. The militia amounting to 3,000, had not time to collect, nor could they cross the water in boats. The Dutch frigate Kenau Hauffar, was boarded by captain Brisbane, the Latona veered alongside and took possession, when capt. Brisbane proceeded for the shore. The Fregatte was boarded from the larboard bow of the Anson, while her starboard guns were firing at the batteries. The Flying-fish, a large national schooner, was boarded by the boats of the Arethusa; the officers and crews of those vessels fought most gallantly; commodore Cornelius Evertz was killed; the captain of the Fregatte mortally wounded, and the first lieutenant dangerously, besides several others. The moment the Town, Port Amsterdam, &c. were completely in captain Brisbane's possession, a lieutenant of marines was sent with a Flag of Truce, requiring Fort Republic to surrender. The officer commanding, but would not surrender without an order from Gen. J. P. Chubb, the governor, who was at the time a prisoner with the admiral in Port Amsterdam. We surrendered the captain Brisbane desired the country to be collected, and gave them 15 minutes to evacuate the whole island, but as they intreated for a longer period, it was extended to half an hour, in the mean time, the most active preparations were made for storming this almost inaccessible Fort. The ships company of the Fregatte, commanded by captain Bolton, were in boats ready to proceed by water. The marines of the squadron, with about 300 sailors of the Arethusa and Anson, were prepared to advance by land. The commander of the sailors on shore, including an officer and 50 men from the Latona, mounted such guns as could bear on the object of attack; every thing was ready on a signal being made, when capitulation was signed and the troops in Fort Republic alone, marched out with the honours of war, piling their arms and becoming prisoners.
All private property is respected, and the troops to be sent to Europe and exchanged. Captain Bolton took possession of Port Hamilton. Captains Brisbane and Lydiard landed, together; the former was the first man who scaled the walls, the latter the second. Closely followed and supported by their respective officers and men's companies. Captain Wood remained about in command of the squadron; about 300 of the enemy were killed, our loss is very trifling, about 6 killed and 30 wounded in the whole squadron; and one ship been burnt an hour later in the attack, the slaughter must have been dreadful, nothing could have better timed. The Arethusa may be expected in a few days with the remainder of the prisoners and the prizes. The lieutenant governor came ashore on his arrival in Europe. Captain Bolton remains at Curacoa in the situation of governor.
FROM THE LONDON GAZETTE.
At the court at the Queen's Palace, this November 1806; present, the king's most excellent majesty in council.
Whereas it has been represented to his majesty that it would be expedient in the present circumstances to permit under certain rules and regulations a commercial intercourse to be carried on in British vessels, navigating according to law, from the free ports in the Bahama islands, and the port of Road Harbour in the island of Tortola, to such ports or places in the island of St. Domingo as are not, or shall not be under the dominion, or in the actual possession of his majesty's enemies; his majesty has, with the assent of his privy council, is pleased to authorize, and with hereby authorizes the governor of the Bahama islands, and the governor in the Leeward islands, or the president of the council in the island of Tortola, and the chief justice and collector of the customs of the said island, (if by writing under the hand and seal of the governor of the Leeward islands they shall be deputed for that purpose) and each of them to grant licenses under their hands and seals respectively, to any vessel or vessels, to clear out from the port of Road Harbour in the island of Tortola, and from the free ports in the Bahama islands respectively, with cargoes of the produce or manufacture of the said islands or of Great Britain and Ireland, and all from the Bahama islands, to such ports or places in the island of St. Domingo, as are not, or shall not be under the dominion nor in the actual possession of any of his majesty's enemies—the value of the vessel, and the port or ports to which the vessel is bound, to be inserted in every such license, and to bring bank from such ports in the said island of St. Domingo to the free ports in the Bahama islands, or to the port of Road Harbour in the island of Tortola, or to some port of the united kingdom, any articles the produce of the said island of St. Domingo, such articles of produce to be in all respects subject to the duties and regulations to which the produce of foreign islands is by law subject. Provided however, that such vessel shall not carry any sugar to the said island of St. Domingo, nor carry any negroes either from or to the said island. And his Britannic majesty is pleased further to direct that every license so granted shall be entered upon record in the proper office, and be accompanied transmitted to his majesty's secretary of state for the colonial department. And his majesty further directs and commands all and every the commissioners and officers of his majesty's customs and all other ships of war, and all other persons whom it may concern, to suffer all vessels with cargoes as aforesaid, to pass and repass, and to be permitted to pass and repass.
By virtue of a Deed of Trust, to secure a debt due to Caleb Harrison, will be sold at the State House, on Thursday 12th instant, at 12 o'clock, the following described real estate, situated in the county of Washington, and state of Rhode Island, to wit: That certain tract of land, containing about 25 acres, more or less, being all that certain tract of land, situate in the county of Washington, and state of Rhode Island, bounded on the north by the road leading from the State House to the cemetery, on the east by the road leading from the State House to the cemetery, on the south by the road leading from the State House to the cemetery, and on the west by the road leading from the State House to the cemetery.
By virtue of a Deed of Trust, to secure a debt due to Caleb Harrison, will be sold at the State House, on Thursday 12th instant, at 12 o'clock, the following described real estate, situated in the county of Washington, and state of Rhode Island, to wit: That certain tract of land, containing about 25 acres, more or less, being all that certain tract of land, situate in the county of Washington, and state of Rhode Island, bounded on the north by the road leading from the State House to the cemetery, on the east by the road leading from the State House to the cemetery, on the south by the road leading from the State House to the cemetery, and on the west by the road leading from the State House to the cemetery.
Ferguson's Packet will sail for Baltimore on Friday, March 4.
By virtue of a Deed of Trust, to secure a debt due to Caleb Harrison, will be sold at the State House, on Thursday 12th instant, at 12 o'clock, the following described real estate, situated in the county of Washington, and state of Rhode Island, to wit: That certain tract of land, containing about 25 acres, more or less, being all that certain tract of land, situate in the county of Washington, and state of Rhode Island, bounded on the north by the road leading from the State House to the cemetery, on the east by the road leading from the State House to the cemetery, on the south by the road leading from the State House to the cemetery, and on the west by the road leading from the State House to the cemetery.
The SLAVE Betty, about 25 years, middling size, about 10 years old. Robert B. Taylor, Esq., Harrison.
The undersigned, the administrators of the estate of the late John Southgate, deceased, do hereby give notice that on Saturday next, the 11th day of March, 1807, at 10 o'clock in the forenoon, at the house of the late John Southgate, in the street to Main Street, will be sold by auction, all the household furniture, &c. of the late John Southgate, consisting of beds, bedding, chairs, tables, &c. & also a quantity of glass, earthenware, &c. & also a quantity of linen, &c. & also a quantity of iron, &c. & also a quantity of wood, &c. & also a quantity of coal, &c. & also a quantity of oil, &c. & also a quantity of vinegar, &c. & also a quantity of mustard, &c. & also a quantity of pepper, &c. & also a quantity of salt, &c. & also a quantity of sugar, &c. & also a quantity of coffee, &c. & also a quantity of tea, &c. & also a quantity of rice, &c. & also a quantity of flour, &c. & also a quantity of bread, &c. & also a quantity of meat, &c. & also a quantity of fish, &c. & also a quantity of poultry, &c. & also a quantity of eggs, &c. & also a quantity of butter, &c. & also a quantity of cheese, &c. & also a quantity of milk, &c. & also a quantity of cream, &c. & also a quantity of honey, &c. & also a quantity of molasses, &c. & also a quantity of syrup, &c. & also a quantity of jam, &c. & also a quantity of jelly, &c. & also a quantity of marmalade, &c. & also a quantity of preserves, &c. & also a quantity of pickles, &c. & also a quantity of ketchup, &c. & also a quantity of mustard, &c. & also a quantity of pepper, &c. & also a quantity of salt, &c. & also a quantity of sugar, &c. & also a quantity of coffee, &c. & also a quantity of tea, &c. & also a quantity of rice, &c. & also a quantity of flour, &c. & also a quantity of bread, &c. & also a quantity of meat, &c. & also a quantity of fish, &c. & also a quantity of poultry, &c. & also a quantity of eggs, &c. & also a quantity of butter, &c. & also a quantity of cheese, &c. & also a quantity of milk, & quantity of milk, &c. & also a quantity of cream, &c. & also a quantity of honey, &c. & also a quantity of molasses, &c. & also a quantity of syrup, &c. & also a quantity of jam, &c. & also a quantity of jelly, &c. & also a quantity of marmalade, &c. & also a quantity of preserves, &c. & also a quantity of pickles, &c. & also a quantity of ketchup, &c. & also a quantity of mustard, &c. & also a quantity of pepper, &c. & also a quantity of salt, &c. & also a quantity of sugar, &c. & also a quantity of coffee, &c. & also a quantity of tea, &c. & also a quantity of rice, &c. & also a quantity of flour, &c. & also a quantity of bread, &c. & also a quantity of meat, &c. & also a quantity of fish, &c. & also a quantity of poultry, &c. & also a quantity of eggs, &c. & also a quantity of butter, &c. & also a quantity of cheese, &c. & also a quantity of milk, &c. & also a quantity of cream, &c. & also a quantity of honey, &c. & also a quantity of molasses, &c. & also a quantity of syrup, &c. & also a quantity of jam, &c. & also a quantity of jelly, &c. & also a quantity of marmalade, &c. & also a quantity of preserves, &c. & also a quantity of pickles, &c. & also a quantity of ketchup, &c. & also a quantity of mustard, &c. & also a quantity of pepper, &c. & also a quantity of salt, &c. & also a quantity of sugar, &c. & also a quantity of coffee, &c. & also a quantity of tea, &c. & also a quantity of rice, &c. & also a quantity of flour, &c. & also a quantity of bread, &c. & also a quantity of meat, &c. & also a quantity of fish, &c. & also a quantity of poultry, &c. & also a quantity of eggs, &c. & also a quantity of butter, &c. & also a quantity of cheese, &c. & also a quantity of milk, &c. & also a quantity of cream, &c. & also a quantity of honey, &c. & also a quantity of molasses, &c. & also a quantity of syrup, &c. & also a quantity of jam, &c. & also a quantity of jelly, &c. & also a quantity of marmalade, &c. & also a quantity of preserves, &c. & also a quantity of pickles, &c. & also a quantity of ketchup, &c. & also a quantity of mustard, &c. & also a quantity of pepper, &c. & also a quantity of salt, &c. & also a quantity of sugar, &c. & also a quantity of coffee, &c. & also a quantity of tea, &c. & also a quantity of rice, &c. & also a quantity of flour, &c. & also a quantity of bread, &c. & also a quantity of meat, &c. & also a quantity of fish, &c. & also a quantity of poultry, &c. & also a quantity of eggs, &c. & also a quantity of butter, &c. & also a quantity of cheese, &c. & also a quantity of milk, &c. & also a quantity of cream, &c. & also a quantity of honey, &c. & also a quantity of molasses, &c. & also a quantity of syrup, &c. & also a quantity of jam, &c. & also a quantity of jelly, &c. & also a quantity of marmalade, &c. & also a quantity of preserves, &c. & also a quantity of pickles, &c. & also a quantity of ketchup, &c. & also a quantity of mustard, &c. & also a quantity of pepper, &c. & also a quantity of salt, &c. & also a quantity of sugar, &c. & also a quantity of coffee, &c. & also a quantity of tea, &c. & also a quantity of rice, &c. & also a quantity of flour, &c. & also a quantity of bread, &c. & also a quantity of meat, &c. & also a quantity of fish, &c. & also a quantity of poultry, &c. & also a quantity of eggs, &c. & also a quantity of butter, &c. & also a quantity of cheese, &c. & also a quantity of milk, &c. & also a quantity of cream, &c. & also a quantity of honey, &c. & also a quantity of molasses, &c. & also a quantity of syrup, & of syrup, &c. & also a quantity of jam, &c. & also a quantity of jelly, &c. & also a quantity of marmalade, &c. & also a quantity of preserves, &c. & also a quantity of pickles, &c. & also a quantity of ketchup, &c. & also a quantity of mustard, &c. & also a quantity of pepper, &c. & also a quantity of salt, &c. & also a quantity of sugar, &c. & also a quantity of coffee, &c. & also a quantity of tea, &c. & also a quantity of rice, &c. & also a quantity of flour, &c. & also a quantity of bread, &c. & also a quantity of meat, &c. & also a quantity of fish, &c. & also a quantity of poultry, &c. & also a quantity of eggs, &c. & also a quantity of butter, &c. & also a quantity of cheese, &c. & also a quantity of milk, &c. & also a quantity of cream, &c. & also a quantity of honey, &c. & also a quantity of molasses, &c. & also a quantity of syrup, &c. & also a quantity of jam, &c. & also a quantity of jelly, &c. & also a quantity of marmalade, &c. & also a quantity of preserves, &c. & also a quantity of pickles, &c. & also a quantity of ketchup, &c. & also a quantity of mustard, &c. & also a quantity of pepper, &c. & also a quantity of salt, &c. & also a quantity of sugar, &c. & also a quantity of coffee, &c. & also a quantity of tea, &c. & also a quantity of rice, &c. & also a quantity of flour, &c. & also a quantity of bread, &c. & also a quantity of meat, &c. & also a quantity of fish, &c. & also a quantity of poultry, &c. & also a quantity of eggs, &c. & also a quantity of butter, &c. & also a quantity of cheese, &c. & also a quantity of milk, &c. & also a quantity of cream, &c. & also a quantity of honey, &c. & also a quantity of molasses, &c. & also a quantity of syrup, &c. & also a quantity of jam, &c. & also a quantity of jelly, &c. & also a quantity of marmalade, &c. & also a quantity of preserves, &c. & also a quantity of pickles, &c. & also a quantity of ketchup, &c. & also a quantity of mustard, &c. & also a quantity of pepper, &c. & also a quantity of salt, &c. & also a quantity of sugar, &c. & also a quantity of coffee, &c. & also a quantity of tea, &c. & also a quantity of rice, &c. & also a quantity of flour, &c. & also a quantity of bread, &c. & also a quantity of meat, &c. & also a quantity of fish, &c. & also a quantity of poultry, &c. & also a quantity of eggs, &c. & also a quantity of butter, &c. & also a quantity of cheese, &c. & also a quantity of milk, &c. & also a quantity of cream, &c. & also a quantity of honey, &c. & also a quantity of molasses, &c. & also a quantity of syrup, &c. & also a quantity of jam, &c. & also a quantity of jelly, &c. & also a quantity of marmalade, &c. & also a quantity of preserves, &c. & also a quantity of pickles, &c. & also a quantity of ketchup, &c. & also a quantity of mustard, &c. & also a quantity of pepper, &c. & also a quantity of salt, &c. & also a quantity of sugar, &c. & also a quantity of coffee, &c. & also a quantity of tea, &c. & also a quantity of rice, &c. & also a quantity of flour, &c. & also a quantity of bread, &c. & also a quantity of meat, &c. & also a quantity of fish, &c. & also a quantity of poultry, &c. & also a quantity of eggs, &c. & also a quantity of butter, &c. & also a quantity of cheese, &c. & also a quantity of milk, &c. & also a quantity of cream, &c. & also a quantity of honey, &c. & also a quantity of molasses, &c. & also a quantity of syrup, &c. & also a quantity of jam, &c. & also a quantity of jelly, &c. & also a quantity of marmalade, &c. & also a quantity of preserves, &c. & also a quantity of pickles, &c. & also a quantity of ketchup, &c. & also a quantity of mustard, &c. & also a quantity of pepper, &c. & also a quantity of salt, &c. & also a quantity of sugar, &c. & also a quantity of coffee, &c. & also a quantity of tea, &c. & also a quantity of rice, &c. & also a quantity of flour, &c. & also a quantity of bread, &c. & also a quantity of meat, &c. & also a quantity of fish, &c. & also a quantity of poultry, &c. & also a quantity of eggs, &c. & also a quantity of butter, &c. & also a quantity of cheese, &c. & also a quantity of milk, &c. & also a quantity of cream, &c. & also a quantity of honey, &c. & also a quantity of molasses, &c. & also a quantity of syrup, &c. & also a quantity of jam, &c. & also a quantity of jelly, &c. & also a quantity of marmalade, &c. & also a quantity of preserves, &c. & also a quantity of pickles, &c. & also a quantity of ketchup, &c. & also a quantity of mustard, &c. & also a quantity of pepper, &c. & also a quantity of salt, &c. & also a quantity of sugar, &c. & also a quantity of coffee, &c. & also a quantity of tea, &c. & also a quantity of rice, &c. & also a quantity of flour, &c. & also a quantity of bread, &c. & also a quantity of meat, &c. & also a quantity of fish, &c. & also a quantity of poultry, &c. & also a quantity of eggs, &c. & also a quantity of butter, &c. & also a quantity of cheese, &c. & also a quantity of milk, &c. & also a quantity of cream, &c. & also a quantity of honey, &c. & also a quantity of molasses, &c. & also a quantity of syrup, &c. & also a quantity of jam, &c. & also a quantity of jelly, &c. & also a quantity of marmalade, &c. & also a quantity of preserves, &c. & also a quantity of pickles, &c. & also a quantity of ketchup, &c. & also a quantity of mustard, &c. & also a quantity of pepper, &c. & also a quantity of salt, &c. & also a quantity of sugar, &c. & also a quantity of coffee, &c. & also a quantity of tea, &c. & also a quantity of rice, &c. & also a quantity of flour, &c. & also a quantity of bread, &c. & also a quantity of meat, &c. & also a quantity of fish, &c. & also a quantity of poultry, &c. & also a quantity of eggs, &c. & also a quantity of butter, &c. & also a quantity of cheese, &c. & also a quantity of milk, &c. & also a quantity of cream, &c. & also a quantity of honey, &c. & also a quantity of molasses, &c. & also a quantity of syrup, &c. & also a quantity of jam, &c. & also a quantity of jelly, &c. & also a quantity of marmalade, &c. & also a quantity of preserves, &c. & also a quantity of pickles, &c. & also a quantity of ketchup, &c. & also a quantity of mustard, &c. & also a quantity of pepper, &c. & also a quantity of salt, &c. & also a quantity of sugar, &c