Norfolk gazette and publick ledger (Norfolk [Va.]), 1807-09-21 00:00:00

TRIAL OF AARON BURR.
MONDAY, September 14.
The chief justice delivered the following opinion on the question concerning the admissibility of evidence on the present indictment, for a Misdemeanor against Col. Burr.
The United States, } On a Misdemeanor. vs. Aaron Burr, }
The present motion is particularly directed against the admission of the testimony of — Neale, who is offered for the purpose of proving certain conversations between himself and Herman Blannerhasset.
The rule of evidence which rejects mere hearsay testimony, which excludes from trials of criminal or civil nature the declarations of any other individual than of him against whom the proceedings are instituted, has been generally deemed all essential to the correct administration of justice.
This rule as a general rule is permitted to stand, but some exceptions to it have been introduced concerning the extent of which a difference of opinion prevails, and that difference produces the present question.
The 1st exception is that in cases of conspiracy the acts, and it is said by some the declarations, of all the conspirators may be given in evidence on the trial of any one of them, for the purpose of proving the conspiracy, and this case, it is alleged, comes within the exception.
With regard to this exception a distinction is taken in the books between the admissibility and operation of testimony which is clear in point of law, but not at all times easy to practice in fact.
But the question to be considered is, does the exception comprehend this case? Is this a case of conspiracy according to the well established law meaning of the term?
Cases of conspiracy may be of two descriptions.
1st. Where the conspiracy is the crime, in which case the crime is complete altho' the act should never be formed, and in such cases it several be indicted, and all except one be acquitted, that one cannot, say the books, be convicted, because he cannot conspire alone.
2d. Where the crime consists in the intention, and is proved by a conspiracy, so that the conviction of the accused may take place upon evidence that he has conspired to do any act which manifests the wicked intention.
In both these cases an act is not essential to the completion of the crime, and a conspiracy is charged in the indictment as the ground of accusation.
In the case at bar the crime consists not in intention but in acts. The act of congress does not extend to the secret design if not carried into open deed, nor to any conspiracy however extensive if it do not amount to a beginning or setting on foot a military expedition.
I do not mean to admit that by any course which might have been given to the prosecution, this could have been converted into a case of conspiracy; but most assuredly if it was intended to prove a conspiracy, and to let in that kind of testimony which is admissible only in such a case, the indictment ought to have charged it.
I have not been able to find in the books a single decision, or a solitary dictum which would countenance the attempt that is now made to introduce as testimony the declarations of third persons made in the absence of the person on trial, under the idea of a conspiracy where no conspiracy is alleged in the indictment.
In has been said that wherever the crime may be committed by a single individual, although in point of fact more than one should be concerned in it, as in all cases of felony, the prosecution must be conducted in the usual mode, and the declarations of third persons cannot be introduced at a trial; but whenever the crime requires more than one person where from its nature it cannot be committed by a
single individual, altho' it shall consist, not in conspiracy, but in open deed, yet it is in the nature of a conspiracy and evidence of the declarations and acts of third persons connected with the accused, may be received whether the indictment covers such testimony or not.
I must confess that I do not feel the force of this distinction. I cannot conceive why, when numbers do in truth conspire to commit an act, as murder or robbery, the rule should be that the declaration of one of them is no evidence against another, and yet if the act should require more than one for its commission, that the declarations of one person engaged in the plot would immediately become evidence against another.
When the terms used in the indictment necessarily imply a combination, it will be admitted that a combination is charged and may be proved. And where A B and C are indicted for murdering D. Yet in such a case the declarations of one of the parties made in the absence of the others have never been admitted as evidence against the others.
If in all this I should be mistaken yet it remains to be proved that the offence charged may not be committed by a single individual. This may in some measure depend on the exposition of the terms of the act; and it is to be observed that this exposition must be fixed. It cannot vary with the varying aspect of the prosecution at its different stages.
2dly. There are also cases in the books where acts are in their nature joint and where the law attaches the guilt to all concerned in their commission, so that the act of one is in truth the act of others, where the conduct of one person in the commission of the fact constitutes the crime of another person; but this is distinct from conspiracy.
If many persons combine to commit a murder, and all assist in it, and are actually or constructively present, the act of one is the act of all and is sufficient for the conviction of all.
In felony the guilt of the principal attaches to the accessory, and therefore the guilt of the principal is proved on the trial of the accessory.
Sdly. The admission of the declarations of Mr. Blannerhasset may be instituted upon under the idea he was the agent of col. Burr. How far the
acts of one man may affect another criminally, is a subject for distinct consideration, but I believe there is no case, where the words of an agent can be evidence against his principal on a criminal prosecution.
The opinion of the circuit court of New York in trials of Smith and Ogden have been frequently mentioned. Although I have not the honour to know the judge who gave those decisions, I consider them as the determination of a court of the United States, and I shall not be lightly induced to disregard them, or unnecessarily to treat them with disrespect.
I feel therefore no difficulty in deciding that the testimony of Mr. Neale, unless he can go further than merely stating the declarations made to him by Blannerhasset, is at present inadmissible.
But the argument has taken a much wider range. The points made comprehend the exclusion of other testimony suggested by the attorney for the United States and the opinion of the court upon the operation of testimony.
The indictment charges the accused in separate counts with beginning, with setting on foot, with preparing, and with providing the means for a military expedition to be carried on against a nation at peace with the United States.
The expedition, the character and object of that expedition, that the defendant began it, that he set it on foot, that he provided and prepared the means for carrying it on, are all charged in the indictment, and consequently these charges may be all supported by any legal testimony.
All testimony which serves to show the expedition to have been military in its character, as far for instance testimony respecting their arms and provisions, no matter by whom purchased, their conduct, no matter by whom directed, or who was present, all legal testimony which serves to show the object of the expedition, as would be their actually marching against Mexico, any publick declarations made among themselves stating Mexico as their object, any manifesto to this effect, any agreement entered into by them for such an expedition, these or similar acts would be received to show the object of the expedition.
In the trials of Smith and Ogden they were received. Whether the particular act of the accused on which his guilt or innocence depends must precede this species of testimony or may be preceded by it, is a question which merely respects the order of evidence.
It has been also contended that the acts no more than the declarations of third persons can be given in evidence on this indictment.
It has been already said that those acts of equipment which go to show the character of the expedition may be given in evidence.
But although the acts of all persons providing means applied to the expedition may be given in e-
vidence upon the same principle that the state of the expedition may be shown, it does not follow that other acts of third persons may be given in evidence.
It has also been contended that no transactions out of the district are testimony.
This position is correct to a considerable extent, but not to the extent in which it is laid down.
But I do not understand this to be the point really in contest. I understand the counsel of the United States to insist that providing means in Kentucky, that enlisting men in Kentucky, that joining the expedition in Kentucky may be given in evidence to show that the accused did begin and set on foot the expedition in Blannerhasset's Island, or did provide the means at that place as charged in the indictment.
It is I believe a general rule that in criminal prosecutions a distinct crime for which a prosecution may be instituted can not be given in evidence in order to render it more probable that the particular crime charged in the indictment was committed.
I have already said, and surely no man will deny, that two distinct persons may at different places furnish different means for the same enterprise.
How then do gentlemen mean to make this testimony relevant? It is by making the acts of Blannerhasset, Tyler and Smith the acts of Burr, by insisting that their acts show an unlawful expedition to have been begun by him in Virginia, or that the means for that expedition were provided by him in Virginia.
As preliminary then to this testimony such proof of the specific charges contained in the indictment must be given, as may be left to the consideration of the jury.
This proof relates to place as well as to fact — "of whatsoever nature an offence indicted may be," says Hawkins B. 2. ch. 25. sec. 35. "whether local or transitory, as seditious words or battery &c. it seems to be agreed that if upon not guilty pleaded it shall appear that it was committed in a country different from that in which the indictment was found the defendant shall be acquitted."
This rule is the stronger in the United States, where it is affirmed by the constitution itself, and where the jurisdiction of the court is limited to offences within the district.
If there be any direct testimony that an expedition was begun, or set on foot, or that the means were provided or prepared in Virginia, that testimony has not been heard so far as I recollect.
It is said that if he gave orders from Kentucky or elsewhere, and in consequence of those orders the means were provided in Virginia the accused is within the letter of the act as well as its spirit, and has himself provided the means in Virginia.
If these orders were in proof, the court as well as the counsel would be enabled to view the subject with more accuracy and to treat it with more precision. Since those orders are not adduced, nor as-

coarsely stated, and the question has been argued without them, the court must decline giving any opinion, or consider the orders as offered, and say what orders would be admissible and what inadmissible. The latter course may save the bar the trouble of another argument.
To whom are orders supposed to have been given, and who are supposed to have executed them?
They must have been given to accomplices or to those who had no share in the expedition.
If accomplices, under the direction of col. Burr, have provided the means, can their liability to the penalties of the law be doubted? I presume not. If persons engaged in the expedition have provided the means for carrying it on, it will I presume be admitted that they are within the letter and the spirit of the act. Each man has himself provided and prepared those particular means which he has furnished. If col. Burr, as was the case with col. Smith, has supplied money for the expedition, then money may be charged as the means provided by him; but if that money was advanced to an accomplice, its investment in means for the expedition is the act of the accomplice, for which being a free agent, he is himself responsible. The accomplice has committed the very act which the law furnishes. Has the accused by suggesting or procuring that act, also committed it?
I will not say how far the rule that penal laws must be construed strictly may be carried without incurring the censure of disregarding the sense of the legislature. It may, however, be safely affirmed that the offence must come clearly within the description of the law according to the common understanding of the terms employed, or it is not punishable under the law. Now to do an act, and to advise or procure an act, or to be connected or leagued with one who does that act, are not the same either in law language or in common parlance; and if they are not the same, a penalty affixed to the one is not necessarily affixed to the other. The penalty affixed to the act of providing the means for a military expedition is not affixed to the act of advising or procuring those means to be provided, or of being associated with the man who has provided them. The distinction made by the law between these persons is well settled, and has been two frequently urged to require further explanation. The one is a principal the other an accessory. In all misdemeanors punishable only by a statute which describes as the sole offender the person who commits the prohibited act, the one is within and the other not within the statute. In passing the act under consideration, congress obviously contemplated this distinction. I presume that in a prosecution under the 3d section for fitting out a privateer, it would not be alleged that a person who was concerned with the men who actually fitted out the privateer, but who performed no act himself, could be convicted on an indictment not for being concerned in fitting out the privateer but for actually fitting her out. These are stated in that section as separate offences.
This distinction taken in the law is well understood and cannot be considered as overlooked by those who framed penal acts. They cannot be considered as intending to describe one offender when they describe another, and if experience suggests defects in the penal code, the legislature exclusively judges how far those defects are to be remedied.
While expounding the terms of the act it may not be improper to notice an argument advanced by the attorney for the United States, which was stopped by observing that he had not correctly understood the opinion delivered in the case of treason. He understood that opinion as approving the doctrine laid down by Keeling and Hale, that an accessory before the fact might plead in bar of an indictment as accessory that he had been acquitted as principal, whence it was inferred that on an indictment for doing an act, evidence of advising or producing that act might be received. I was certainly very far from approving this doctrine. On the contrary I declared it to contradict every idea I had ever formed on the subject. But if it were correct, I endeavoured to show that it could not affect that case. My disapprobation of the doctrine induced me to look further into it, and my persuasion that it is not law is confirmed. Hale v. 2. p. 292 says "if A and B be indicted for the murder of C. upon their evidence it appears that A committed the fact, and B was not present but accessory before the fact by commanding it, B shall be discharged."
In II. 2, ch. 35. sec. 11. Hawkins discusses this subject, shows in a note the contradiction in those authorities which maintain the doctrine, cites the opposing authorities, and obviously approves the opinion which is here given. It is apparent then, that the law never considers the commission and procurement of an act, even where both are criminal, as the same act.
If the means were provided by order of the accused, by persons not accomplices and not guilty under the act, the law may be otherwise. I shall not exclude such testimony. There is however some doubt whether the place of trial should be where the orders were given or where they were executed.
At common law, if an act was procured or advised at one place and executed at another, it was doubted whether the procurer could be tried at either place because the offence was not complete at either. This difficulty was removed by a statute made in the reign of Edward 5th. If there be testimony showing by orders from the accused, means were provided in Virginia by a person not an accomplice, it may be received, and the question respecting the scene of trial put in a way for final decision.
The question whether all the means must be provided before the offence described in the statute has been committed relates to the effect rather than to the exclusion of the territory. I shall certainly not reject any evidence which shows that any means were provided by the accused in the place charged in the indictment.
Upon the subject of beginning and setting on foot a military expedition or enterprize it would be unnecessary at this time to say any thing were it not on account of the question respecting the introduction of testimony out of the district.
What is an expedition? What is an enterprize? An expedition, if we consult Johnston is "a march or voyage with martial intentions." In this sense, it does not mean the body which marches but the march itself. The term is however sometimes employed to designate the armament itself, as well as the movement of that armament.
An enterprize is "an undertaking of hazard, an arduous attempt." The proper meaning then of this word also describes the general undertaking and not
the armament with which that undertaking is to be accomplished.
The first count in the indictment charges that Burr began the expedition in Blannerhasset's island. The 2d & 3d that he set on foot the enterprize in Blannerhasset's island.
If the term expedition is to be taken in its common and direct sense, that is to mean a march or voyage with martial intentions, it began where that march or voyage began; and it must have been begun by the accused to bring him within the act.
If the term be taken in its figurative sense to designate the armament itself instead of the movement of that armament, then I cannot readily conceive an act which begins an expedition, unless the same act may also be said to provide the means of an expedition. The formation of the plan in the mind is not the commencement of the expedition within the act. Our laws punish no mental crimes not brought into open deed. If it did the first disclosure would be the beginning. I find a difficulty in conceiving any act which amounts to beginning an expedition which does not also amount to providing the means for an expedition. However if there can be such an act, and if it has been committed in Virginia, it may certainly be given in evidence.
The same observations apply to setting on foot an enterprize.
These remarks are made to show what it will be necessary to prove in order to let in corroborative proof.
It is then the opinion of the court that the declarations of third persons not forming a part of the transactions and not made in the presence of the accused cannot be received in evidence in this case.
That the acts of accomplices, except so far as they prove the character or object of the expedition, can not be given in evidence.
That the acts of the accused in a different district which constitute in themselves substantive causes for a prosecution cannot be given in evidence unless they go directly to prove the charges laid in the indictment.
That any legal testimony which shows the expedition to be military or to have been designed against the dominions of Spain may be received.
That any testimony showing that the accused performed within the district any one of the acts charged in the indictment may be received.
Gentlemen will know how to apply these principles. Should any difficulty occur in applying them, the particular case will be brought before the court and decided.
After the opinion was delivered several questions were addressed to the chief justice by the counsel for the United States, as to the effect of that opinion, upon particular points. At length it was deemed the most eligible course to adjourn the court till to-morrow, in order that the counsel on both sides might be furnished with copies of the opinion, and be enabled to judge of its application to the evidence which might be offered to prove any particular fact.
The court adjourned till to-morrow 10 o'clock.
Foreign Intelligence.
LONDON, August 4.
The letters from Holland state that the new code of restrictive laws against the English commerce, was immediately to be distributed, and enforced with all possible rigour.
Many of the letters received yesterday from St. Petersburg, indicate a strong probability of the departure of many of the English merchants residing there for Great Britain; they add, that the commercial treaty has been enlarged for three days only; this was done on the 25th of June, to continue to the first of July.
August 5.
The difference with America, with respect to the late conflict, we are happy to learn, is in a fair way of adjustment. Our ministers, in their conferences with the American Ambassador, have not insisted in the right of searching ships of war. This point being surrendered, we trust that the transaction will be soon buried in oblivion.
August 6.
Sir James Craig, is to go as chief governor of British America.
August 7.
A strong sensation of dread relative to our future communication with Portugal pervades the public mind. We think it very probable, that the French emperor intends to take measures to cramp that lucrative branch of commerce which we carry on to the Tagus. Nay, it is not likely that the Portuguese government has received an intimation to that effect, which, although not publicly known, they have been transmitted to our ministers, and occasioned those vague reports on the subject that are now so general.
August 8.
No intelligence has as yet been received from the Expedition.
All the taxes which subsisted under the ancient regime in France, have been revived, and augmented to a degree almost intolerable to the subject. The new impost on salt (gabelle) has raised the value of that necessary commodity five pence halfpenny English per pound. The gross annual amount of revenue collected, is computed at eight hundred millions of franks, upwards of 33 millions sterling.
In the house of commons, last night, Mr. Whitebread suggested the propriety of short adjournments in the present critical state of the country. He was answered by the Chancellor of the Exchequer, who declared explicitly, that it was intended to prorogue parliament as soon as the publick business should be disposed of.
The funds continue to decline—Omnium left off yesterday at 1 1/4 discount.
A letter from Dundee, dated on Saturday last, says, "Seven vessels have arrived this day from the Baltic, the captains of which agree in stating, that there is not the smallest appearance of hostilities against this country in the sound or in the Baltic; the Danish fleet is not so much as rigged."
Notwithstanding the adverse sentiments which breathe throughout the above state paper, (the President's Proclamation) both in respect to the late affair between the Leopard and the Chesapeake, and other transactions alluded to in that document, we are not wholly without hopes that with a spirit of conciliation, the misunderstanding between the two governments may be re-
moved. We are happy to see that the door of accommodation is not yet closed; but that the American government, which we learn from an article in the Washington Federalist, was about to send a schooner from Baltimore, with an extraordinary minister to this country, for the purpose of requiring explanation. Is there a sound understanding in the country, which in the present position of surrounding circumstances, can wish for an interruption of the peaceable relations between the two governments?"
Pilot.
August 9.
We insert some extracts from the American papers received yesterday. Meetings have taken place in most of the principal towns upon the affair between the Chesapeake and the Leopard. The resolutions of these assemblies are marked with all the violence, intemperance, and the fury of invective, which might have been expected. The pilots have been recalled from the British squadron, all communication was stopped, and no supplies whatever were allowed to be sent to it. As a matter of favour and indulgence, the British consul had obtained permission to communicate with the ships of war; but it was resolved should any British officer come ashore, except in a flag of truce, he should be made prisoner. If all this be not downright, unqualified hostility, we know not what acts are to be so interpreted. What kind of government must that be in which the executive power, from fear or incompetence, cannot, or durst not, controul the tumultuous resolves of a violent and ignorant mob? If the populace of America are to take the law into their own hands, on occasions like this, and give the tone to the government, the maintenance of the customary relations with the United States will be almost impossible.
Suppose the inhabitants of the British empire were to imitate the example of these frantic meetings, and cut off all supplies from the numerous American vessels (nearly 1000 we understand) now in our ports. Is there not here an ample field for retaliation? But this is an idea which possibly never entered the heads of the framers of these resolutions, or if it did, was studiously hid from the deluded and unthinking multitude, whom they are goading into war, to gratify their private passions and interests. We shall be surprised if this popular frenzy among the Americans endure for any time. It is too rash, too hasty, too unadvised, to last long. It has no fair or real foundation. The people of that country do not appear to have been in possession of the real state of the case. The agitators have suppressed and kept back all the circumstances of aggravation, insult and contemptuous refusal of justice. As congress was to have been assembled in the course of last month, we look with some confidence to the deliberations of that body. We trust that they will step between their country and the greatest calamity, next to the loss of its liberty, which could befall it. There are those among them who understand and pursue the true interests of America, and it is to the manner in which they will discuss this subject, and not to the foolish and intemperate resolutions of the mobocracy of the country, that we look with any anxiety.
From the French Papers.
PARIS, July 24.
Since the conclusion of the pacific conferences at Tilsit, the interrupted series of army bulletins, has been renewed. The first inserted in the official paper of this day is as follows:—
Eighty-Seventh Bulletin of the French Grand Army. "The emperors of France and Russia, after 29 days residence at Tilsit, where the imperial palaces were in the same street, and at no great distance, took leave of each other with the greatest cordiality, and at three o'clock in the afternoon of the 9th. The Journal which contains an account of what happened between them will be very interesting to both nations.
"At half past four the emperor Napoleon having received a visit from the king of Prussia, who came to take his leave, set out for Konigsberg, where he arrived at 10 at night. The king of Prussia went to Memel.
"Yesterday the emperor Napoleon inspected the port of Konigsberg, in a boat manned by the imperial guards. To-day his majesty will review marshal Soult's corps, and at 2 o'clock to-morrow he will set out for Dresden.
"The number of Russians killed in the battle of Friedland amounts to 17,500, the prisoners to 40,000, 18,000 of whom have passed through Konigsberg, 7000 remain sick in the hospitals, and the rest have been conducted to Thorn and Warsaw. Orders have been issued to send them home to Russia without delay; 7000 have again returned to Konigsberg. Those in France are to be formed into provisional regiments. The emperor has ordered them to be clothed and armed.
"The ratifications of the treaty of peace between France and Russia were exchanged at Tilsit on the 9th. The ratification of the treaty of peace between France and Prussia, will be exchanged here this day.
"The plenipotentiaries charged with these negotiations were on the part of France, the prince of Benevento; princes Kurakin and Lebanoft, on the part of Russia; on the part of Prussia field marshal Kalkreuth and the count de Glatz.
"After such events as these, one cannot but smile when the great English expedition is mentioned, and at the new frenzy which animates the king of Sweden.—Besides, we may remark that the army of observation between the Elbe and the Oder, is 70,000 strong, exclusive of the grand army, without including the Spanish division, which are now upon the Oder also. It was, therefore, necessary for England to bring her whole force together, her soldiers, her volunteers, fencibles &c. in order to have made a diversion of any interest. But when we take into our account, that England, under the present circumstances, has sent 8000 men to Egypt only to be slaughtered by the Arabians and 7000 men to the Spanish West-Indies, we can alone feel sentiments of pity for the extravagant avarice with which that cabinet is tormented.
"The peace of Tilsit puts an end to the operations of the army; notwithstanding this, all the Prussian coasts and ports will be shut against the English, and it is probable that the continental blockade will not prove a mere sound.
"The Porte is included in the treaty. The revolution which lately occurred at Constantinople, was the anti-christian revolution, which has nothing in common with the policy of Europe.
"The adjutant commandant Guilleminot is gone to Bessarabia, where he will communicate to the
Grand Vizier the intelligence of the peace, and the liberty given to the Porte to take part in it, as well as of the conditions of the treaty in which the Porte is interested."
TREATY BETWEEN PRUSSIA AND FRANCE.
Conditions of peace between his majesty the emperor of the French and king of Italy, and his majesty the king of Prussia.
His majesty the emperor of the French, king of Italy, and protector of the confederation of the Rhine, and his majesty the king of Prussia, animated with the same desire of putting an end to the calamities of war, have, for that purpose, appointed Plenipotentiaries, namely,
On the part of his majesty the emperor of France and king of Italy, protector of the confederation of the Rhine, M. Ch. Maurice Talleyrand, prince of Benevento, his great chamberlain, and minister for foreign affairs, &c. &c. and on that of his majesty the king of Prussia, M. marshal count de Kalkreuth, knight of the Prussian orders of the black and red Eagle, and count Von Goltz, his privy counsellor, envoy extraordinary, and minister plenipotentiary to his majesty the emperor of Russia, and knight of the Prussian order of the black Eagle, who, after the exchange of their several full powers, have agreed on the following articles:
Article I. From the day of the exchange of the ratifications of the present treaty, there shall be perfect peace and amity between the king of Prussia and the emperor of France.
Art. II. The part of the duchy of Magdeburg which lies on the right bank of the Elbe; the Mark of Pregnitz, the Uckermark, and the new Mark of Brandenburg, with the exception of the Circle of Rothus, in Lower Lusatia; the duchy of Pomerania; Upper, Lower, and New Silesia, with the country of Glatz; the part of the district of Ness which lies to the north of the road from Driesen to Schneidemuhl and to the north of a line passing from Schneidemuhl by Woleau, to the Fistula, and to the frontiers of the circle of Bromberg Pomerania; the island of Nogat, and the country on the right bank of the Vistula and the Nogat, to the West of old Prussia; and to the circle of Culmer; finally, the kingdom of Prussia, as it was on the 1st of January, 1772, shall be restored to his majesty, the king of Prussia, with the fortresses of Spandau, Stettin, Custrin, Glogau, Breslau, Schweidnitz, Niesse, Brieg-Cosel, and Glogau; and, in general, all the places, citadels, castles, and forts of the above-mentioned, shall be restored in the state in which they at present are: the town and citadel of Granden, with the villages of Neudorf, Parschken and Schwierkorzy, shall likewise be restored to his majesty the king of Prussia.
Art. III. His majesty the king of Prussia acknowledges his majesty the king of Naples, Joseph Napoleon, and his majesty the king of Holland, Louis Napoleon.
Art. IV. His majesty the king of Prussia in like manner acknowledges the confederation of the Rhine, and the present state of the possessions of the Sovereigns of which it is composed, and the titles which have been bestowed on them, either by the act of confederation or by subsequent treaties. His said majesty likewise engages to acknowledge those sovereigns who, in future, shall become members of the said confederation, and the titles they may receive by their treaties of accession.
Art. V. The present treaty of peace and amity shall be in common for his majesty the king of Holland, and for the sovereigns of the confederation of the Rhine, the allies of his majesty the emperor Napoleon.
Art. VI. His majesty the king of Prussia, in like manner, acknowledges his imperial highness prince Jerome Napoleon as king of Westphalia.
Art. VII. His majesty the king of Prussia cedes, in full right of property and sovereignty to the kings grand dukes and dukes, and the princes, who shall be pointed out by his majesty the emperor of the French and king of Italy, all the duchies, Margraviates, principalities, countries and lordships, and in general all the territories and domains, and all territorial property of whatever kind, or by whatever title possessed, by his majesty the king of Prussia, between the Rhine and the Elbe, at the commencement of the present war.
Art. VIII. The kingdom of Westphalia shall consist of the provinces ceded by his majesty the king of Prussia, and of other States which are at present in possession of his majesty the emperor Napoleon.
Art. IX. The arrangements which his majesty the emperor Napoleon shall make in the countries alluded to in the two preceding articles, and the occupation of the same by those sovereigns in whose favour he shall make such arrangements, shall be acknowledged by his majesty the king of Prussia, in the same manner as if they were contained and stipulated in the present treaty.
Art. X. His majesty the king of Prussia renounces for himself, his heirs, his successors, all actual or future right which he has or may acquire, 1. To all territory without exception, situate between the Elbe and the Rhine, and in general to all not described in Art. VII. 2. To all possessions of his majesty the king of Saxony and of the house of Anhalt, situated on the right bank of the Elbe. On the other hand, all rights or claims of the States between the Rhine and the Elbe to the possessions of his majesty the king of Prussia, as they are destined by the present treaty, shall be for ever extinguished and annulled.
Art. XI. All negotiations, conventions, or treaties of alliance, that may have been publicly or privately concluded between Prussia and any State on the left bank of the Elbe, and which have been broken by the present war, shall remain without effect, and be considered as null and not concluded.
Art. XII. His majesty the king of Prussia cedes the Circle of Kothuss, in Lower Lusatia, to his majesty the king of Saxony, with full right of proprietorship and sovereignty.
Art. XIII. His majesty the king of Prussia renounces forever possession of all the provinces which formerly constituted parts of the kingdom of Poland, have at different periods come under the dominion of Prussia, subsequent to the first of January 1772, excepting Ermeland, and the country to the West of Ancient Prussia, to the East of Pomerania and the Newark, to the North of the Circle of Halin and a line which passes along the boundaries of Bromberg and the road from the Schneidemuhl to Driesen, which provinces, with the town and citadel of Grandenetz, and the villages of Neudorf, Parschken, and Swierkorzy, shall in

future be possessed, with all rights of proprietorship and sovereignty by his majesty the king of Prussia.
Art. XIV. His majesty the king of Prussia renounces, in like manner, possession of the city of Dantzic.
Art. XV. The provinces which his majesty the king of Prussia renounces in the 13th article, with exception of the territories mentioned in the 11th article, shall be possessed with right of property and sovereignty by his majesty the king of Saxony, under the title of Dukedom of Warsaw, and governed according to a constitution which shall secure the liberties and privileges of the people of that duchy, and be conformable to the tranquility of the neighbouring States.
Art. XVI. To secure a connection and communication between the kingdom of Saxony and the duchy of Warsaw, the free use of a military road shall be granted to the king of Saxony through the states of his majesty and king of Prussia. This road, the number of troops which shall pass through it at one time, and the place at which they shall halt, shall be settled by a particular agreement between the two sovereigns, under the mediation of France.
Art. XVII. The navigation of the river Ness and the canal of Bromberg, from Driesen to the Vistula and back, shall remain free from any toll.
Art. XVIII. In order to establish, as much as possible, natural boundaries between Russia and the duchy of Warsaw, the territory between the present boundaries of Russia, from the Berg, the mouth of the Lasosna, and a line which passes from the said mouth, and along the channel of that river, the channel of the Bzura to its mouth, the channel of the Wawer from its mouth to Sura, the channel of the Lisa to its source near the village Mein, and of the two neighbouring arms of the Nurek, rising near that village, and the channel of Nurek to its mouth, and lastly along the channel of the Bug, up the stream to the present boundaries of Russia, shall for ever be incorporated with the Russian empire.
Art. XIX. The city of Dantzic, with a territory of two miles circumference, shall be restored to its former independence, under protection of the king of Prussia and the king of Saxony, and be governed by the rules by which it was governed when it ceased to be its own mistress.
Art. XX. Neither his majesty the king of Prussia, nor his majesty the king of Saxony, shall obstruct the navigation of the Vistula by any prohibition, nor by any customs, duty, or imports whatever.
Art. XXI. The city, port and territory of Dantzic, shall be shut up during the present maritime war against the trade and navigation of Great Britain.
Art. XXII. No individual of any rank or description whatever, whose property and abode are situated in such provinces as formerly belonged to the kingdom of Poland, or which the king of Prussia is henceforth to possess; and no individual of the duchy of Warsaw, or residing within the territory incorporated with Russia, or possessing any landed property, rents, annuities, or any income whatsoever, shall, either with regard to his person, his estates, rents, annuities, and income, nor with respect to his rank and dignities, be prosecuted on account of any part which he may have taken either in a political or military point of view, in the event of the present war.
Art. XXIII. In the same manner, no individual residing or possessing landed property in the countries which belonged to the king of Prussia, prior to the 1st January, 1772, and which are restored to him by virtue of the preceding second article; and in particular, no individual of the Berlin civic guard or of the gens d'armes, who have taken up arms in order to maintain tranquility, shall be proscribed in his person, his estates, rents, annuities, or any income whatsoever, or in his rank or dignity, nor in any manner whatsoever, on account of any part which he may have taken in the events of the present war, or be subjected to an inquiry.
Art. XXIV. The engagements, debts, or obligations of any nature whatsoever, which his majesty the king of Prussia may have contracted, or concluded prior to the present war, as possessor of the countries, dominions, and revenues, which his majesty cedes and renounces in the present treaty, shall be performed and satisfied by the new possessors, without an exception or reservation whatever.
Art. XXV. The funds and capitals which belong to private persons, or publick religion, civil, or military associations, in countries belonging to the king of Prussia, or which he renounces by the private treaty, whether the said capitals be vested in the bank of Berlin, in the chest of the territory of Noviltrade, or in any other manner, in the dominions of the king of Prussia, shall neither be confiscated nor attached. The proprietors of the funds or capitals shall be at liberty to dispose of the same, and they are to continue to enjoy the interest thereof, whether such interest be already due, or may yet become due at the periods stipulated in the conventions or bonds; the same shall, on the other side, be observed with regard to all funds and capitals which are vested by private individuals, or publick institutions whatsoever, in such countries as are ceded or renounced by his Prussian majesty by virtue of the present treaty.
Art. XXVI. The archives which contain the titles of property documents, and in general all the papers which relate to the countries, territories, dominions, as well as the maps and plans of the strong places, citadels, castles, and forts, seated in the above mentioned countries are to be delivered up by the commissioners of his said majesty, within the term of three months next ensuing the exchange of the ratification of this treaty, to commissioners of his majesty the emperor Napoleon, with regard to the countries seated on the left bank of the Rhine; and to commissioners of his majesty the emperor of Russia, of the king of Saxony, and of the city of Dantzick, with regard to all the countries which their said majesties and the city of Dantzick are in future to possess, by virtue of the present compact.
Art. XXVII. Until the day of the ratification of the future definitive treaty of peace between France and England, all countries under the dominion of his majesty the king of Prussia, without any exception whatsoever, shall be shut against the trade and navigation of the English. No shipment to be made from any Prussian port for the British isles or the British colonies; nor shall any ship which sailed from England or her colonies, be admitted to any Prussian port.
Art. XXVIII. The necessary arrangements shall
immediately be made to settle every point which relates to the manner and period of the surrender of the places which are to be restored to his majesty the king of Prussia, and to the civil and military administration of the said countries.
Art. XXIX. The prisoners of war taken on both sides are to be returned without any exchange and in mass, as soon as circumstances shall admit.
Art. XXX. The present treaty shall be ratified by his majesty the emperor of the French, and his majesty the king of Prussia, and the ratifications shall be exchanged at Konigsburg by the undersigned, within the term of six days next ensuing the signing of the treaty.
Done at Tilsit, 9th July, 1807. (L. S.) Signed, C. M. Talleyrand. Prince of Benevento. (L. S.) Signed, Count Kalkreuth. The Field Marshal. (L. S.) Signed, Augustus Count Goltz. The ratifications of this treaty were exchanged on the 11th July, 1807.
TONNINGEN, July 26. We have just learned that Bernadotte is gone on an important mission to Copenhagen. Great apprehensions have been entertained for the fate of Holstein, the garrison of Hamburg having been greatly augmented from 15 to 16,000 men in the greater part of which are now, however, on their march towards Holstein.
NAPLES, June 10. The following circumstantial account has been published by this court, of the entire destruction of the corps which were landed at Reggio last month, under the command of the Prince of Hesse Philippsthal.
The expedition sailed from Palermo under the command of the prince, on the 9th May, and disembarked immediately. It was composed of the chasseurs of the prince of Hesse, the Apulian chasseurs, the Samnite grenadiers, the regiment of cavalry of Waldstein, and of some cannoners and pioneers. This was augmented by the levy en masse , and by some Sicilian troops. It must be observed to the disgrace of the laws of war, that some of the troops employed in this service belonging to the garrison of Gaeta, although by the terms of that capitulation they were not to serve against the French for a year. The prince had with him six pieces of artillery, and an immense quantity of ammunition.
On the 14th May a battalion of Samnites, supported by a detachment of cavalry, advanced to Place-de-la-Couronne, to reconnoitre the French posts; but they were driven back to the palace of Solanno. On the 22d a flotilla, which had assembled near Pharo, arrived at Gioja at break of day, and a disembarkation commenced. At the same time the corps of the prince of Hesse advanced, to the Place-de-la-Couronne. Gen. Aube who, according to his instructions, was to draw on the enemy by a feigned retreat, arrived on the 24th at Monteleone. The prince of Hesse took a position at Rosarno.
A corps of brigands, a detachment of the chasseurs of Philippsthal, and a squadron of cavalry advanced to Mileto; but forty of our light troops were enough to intimidate them; they retired with the loss of several men. On the 25th they advanced to take our advanced post; their force consisted of 200 cavalry, 600 brigands, and 150 chasseurs. Gen. Regnier had concealed behind our advanced posts 80 chasseurs and two companies of light infantry so that the enemy not seeing any force to alarm them, advanced with more boldness. But the French chasseurs, impatient at their not advancing, charged them, and with the aid of the light infantry, completely defeated them. The brigands were cut to pieces; the chasseurs of Philippsthal made prisoners, and the remains of the 200 cavalry were pursued four miles beyond Mileto.
On the 27th the prince of Hesse encamped at Mileto, but his advanced guard dare not present itself before the French advanced posts. On the 27th, the prince of Hesse sent a flag of truce to the commandant at Monteleone, desiring him to evacuate that town, under the promise of saving the inhabitants from the horrors of war; but this attention on the part of the prince could be of no use, because the brigands were under no discipline, and have frequently committed the most atrocious crimes before his face. Under these circumstances Gen. Regnier resolved to attack the enemy. The general could easily have collected more troops, but it did not require more than one third of the enemy to beat them.
On the morning of the 28th, the French troops began to march, so as to arrive at Mileto by break of day. The prince of Hesse, trusting to his superior numbers, reposed quietly in his bed, while our light troops drove in his advanced posts, and took possession of the village. The main body of the enemy's army was drawn up in the plain beyond Mileto; they were entrenched up to the shoulders, and had six pieces of cannon. They were, however, immediately attacked, and after an action of some duration, completely routed. They fled towards Rosarno, leaving their artillery, ammunition, and baggage in our possession. At Rosarno the French divided themselves into columns; the one advanced towards Gioja, the route which the prince of Hesse had taken, the other advanced to Seminara.
On the 28th of May, a corps was sent under Gen. Aube to Reggio, in order to make prisoners of those who had not time to embark. Some were taken. The Prince of Hesse, with about 100 officers and men arrived there on the 28th, about two hours before night. He had ridden 60 miles in one day, and acknowledged that he had never ran so fast in his life. Except the few troops that embarked with the prince, none of them returned to Sicily. They were all either killed or taken.
July 3. One Augustin Mosca, calling himself a colonel in the service of king Ferdinand, convicted of having received from queen Caroline, and the marchioness of Villa Tronto, an order to assassinate the king of Naples, and also of having received instructions to that effect from the Abbe Scagliotti, &c. has been condemned on the 1st of this month, by a military commission to make the amends honourable, before the front of the church of the New Jesu in a red shirt, with a lighted torch in his right hand, and from thence to be conducted to the market place, to be impaled upon a stake there planted. His body, after the execution, is to be delivered to the flames, and his ashes to be thrown to the wind. This sentence, in conformity with our ancient
criminal jurisprudence, was yesterday carried into execution, in the midst of an immense crowd of spectators.
CONSTANTINOPLE, July 17. The Turkish fleet has sailed from the Dardanelles, and given battle to the Russians, off the Isle of Tenedos. Both fleets were nearly of equal strength. The action lasted seven hours, and was severely contested; and though five Turkish ships were blown out of the line, yet the captain Pacha, Saib Ali, proved victorious, and the Russians were obliged to retreat to Imbria. No ship was either taken or destroyed on either side, but both fleets were roughly handled and lost many men. The capt. Pacha has returned to the Dardanelles, and expects some reinforcements to renew his attack.
THE PUBLICK LEDGER.
TO SHEW THE VERY AGE AND BODY OF THE TIMES, HIS FORM AND PRESSURE.
MONDAY EVENING, SEPT. 21, 1807.
TRIAL OF AARON BURR.—We have occupied a very considerable portion of our paper this day with the opinion of the Chief Justice in the important case of the United States vs Aaron Burr on a misdemeanor. We have deemed this to be a duty which we were bound to perform, in order that, as far as we have the means, we may counteract the malicious insinuations which have been made against the court. That Aaron Burr may merit punishment, is a subject we shall not enquire into, but if his crimes are ten times greater than the bitterest of his enemies alledge, we hope he will only suffer as the law directs. If once the law is made subservient to motives of policy, or what is worse, to suit the views of party, we may bid a long farewell to all our boasted freedom. We are not politically nor personally attached to Mr. Burr, nor are we of that number, who to punish him would desire all the sacred principles of the constitution and the laws to be violated. The judge does not make the laws, he expounds them, and is bound to see that the trial be conducted according to law; such we believe has been the conduct of the court upon the present occasion, and such we hope it will ever be. The judge who permits reasons of state, or popular opinions to influence his judgment, would be a fit member for a Star Chamber Court, or a Revolutionary Tribunal, but is wholly unqualified for a judge in a court which has been established by the constitution and laws of a free and independent nation.
The Treaty between France and Prussia, (if we may be permitted to call it a Treaty) which we publish this day, may be considered as the prelude to the downfall of the Prussian monarchy, whose fate if the cause of nations was not involved, we should contemplate without regret. When this mutilated, (and if we could insult misfortune, we would say guilty) monarch of Prussia considers what he might have been, sees what he is, and looks forward to what he may be, he must have ample cause for remorse and shame.
DIED, Tuesday, Mrs. SARAH FARNAR, aged 80 years.
Extract of a letter to the editor of the Republican Crisis , dated
MONTREAL, August 27. "Vigorous preparations are making throughout this province, in expectation of an attack from the states. On a review of the militia this morning, the commanding officer harangued them in French, and informed them that as war was expected between England and the United States, it was the wish of his majesty that the people of Canada should be in readiness; it was therefore ordered that every man of the militia be immediately selected, and equipped at the expense of government."
SALEM, September 11. Arrived the ship Wells, Lamson , 82 days from Peterburgh.—At Copenhagen capt. L. perceived a considerable degree of satisfaction among the Danes at the success of the French arms, on account of its effect upon the English, against whom there is a prevailing antipathy.—Capt. L. saw two fleets of English transports, with troops, pass over the ground for Stralsund, their numbers said to be 40,000; and he passed another fleet between the Scaw and the Naze. These troops had been long before expected by the Russians, so as to have made a diversion in favour of the common cause; but their arrival was too late to produce any effect.
HALIFAX, (N. S.) August 28. COURT MARTIAL.
On Wednesday last, a Court Martial was held on board his majesty's ship Belisle , Rear Admiral Sir A. F. Cochrane, K. B. Captain N. D. Cochrane, for the trial of John Wilson, alias Jenkins, Rattford (lately taken from the American frigate Chesapeake ) on charges of Desertion, Mutiny and Contempt .
PRESIDENT Rear-Adm. Hon. Sir A. F. Cochrane, K. B. Capt. F. Pickmore, Capt. J. E. Douglass, W. Fabre, P. Beaver, E. Hawker, N. D. Cochrane.
It clearly appeared on the trial, that the prisoner was born in London—was a volunteer in the service—had been some years in his majesty's ship Leopard , but last in the Halifax —That, on the 7th March last, the ship being then in Hampton Roads the prisoner was sent with four other men, under a petty officer, in the jolly-boat, to weigh a kedge anchor; when, taking advantage of the dusk of the evening, the men mutinied upon the officer, and some of them threatened to murder him; but the rest interfering they desisted—and landing at Sewell's point, the five made their escape—A few days after, the deserters were seen parading the streets of Norfolk, in triumph, under the American flag:—One of them, H. Saunders, being accosted by Lord
Townsend, asserted that he had no intention of deserting, but was compelled by the others; and would embrace the first opportunity to return on board—At that moment the prisoner, Jenkins Rattford, took the arm of Saunders, declaring that neither he nor any of the others should return to the ship—with a contemptuous gesture, asserted, that they were in the Land of Liberty , and instantly dragged Saunders away:—That the prisoner had entered on board the Chesapeake , had proceeded to sea in her—and had been found on board that ship, after the action (by an officer of his majesty's ship Leopard ) hid in the coal hole.
A variety of other circumstances were developed in the course of the evidence—The whole of which tended to prove, that although Deserters from the American naval or military establishments had been readily given up by his majesty's ships on the station; yet, on the other hand, they had ever been refused by the Americans, when demanded by British officers.
Two men had entered on board his majesty's ship Chichester ; who, being demanded by an American officer as deserters from their service, were instantly restored, notwithstanding they were confessedly Englishmen—But, W. Phillips, corporal of marines, John Mahoney, 37th regt. and others having deserted from the Chichester , and entered, with their uniforms on, into the American service, were positively refused to be given up to the British officer sent to demand them.
The evasion and duplicity of the American Commodore, in denying that there were any deserters on board his ship, were strikingly contrasted with the humane and honourable conduct of capt. Humphrey's; who, evidently demonstrated the greatest reluctance to pursue the steps, which the refusal of the American Commodore rendered absolutely necessary.
After a full and patient hearing of the evidence, on both sides, the court withdrew for about half an hour; and on its return, the judge advocate pronounced the sentence—Death!
The President addressed the unhappy criminal in a most pathetic and impressive style—lamenting much the depravity, which had induced him to desert the cause of his king and country in the present eventful moment; when the very existence of that country was threatened by inveterate and implacable enemies, on every quarter—and earnestly recommended him to occupy the remaining moments of his life, in making his peace with the Almighty. [His sentence was carried into execution on the Monday following on board the sloop of war Halifax , the vessel he deserted from.]
* Application was then made to Lieut. Sinclair, the American officer, at the Rendezvous ; but without effect.
† For the correctness of this part of the testimony, see the Publick Ledger of Monday last.
Gazette Marine Memoranda.
ARRIVED. Ship Thomas Boush , 63 days from London, Dry Goods, G. Murray & Co.
Danish brig Underneemling , Jansen, 42 days from Jamaica, bound to St. Thomas, in distress, very leaky and destitute of water.
Sch'r Floughboy , Hall, 5 days from Charleston.
The ship Intrepid , King, at Amsterdam, to sail 29th July for Norfolk.
Sch'r Independent , Brinckley, from this port, arrived at Charleston the 13th inst.
VESSELS SPOKEN.
The ship Sheffield , Davis, from this port to Falmouth, Aug. 7, in lat. 42, long. 36, out 16 days.—Ship Julia , Doggett, Aug. 19, in lat. 42, long. 47, out 19 days, bound to Cork.—Ship Georgiana , Chamberlaine, from Amsterdam for Norfolk, Aug. 30, in lat. 43, 42, long. 51, out 34 days.—Sch'r Sally & Priscilla , from this port for Tenerife, Aug. 2, out 28 days.
FERGUSON'S Packet will sail for Baltimore first fair wind. Sept. 21.
HERBERT'S Packet will sail for Baltimore on Wednesday. Sept. 21.
BY H.M. B. LAMB. On Wednesday the 23d instant, at 11 o'Clock, will be sold for Cash, without reserve,
1 bale of coarse CLOTHS, 3 do. striped Blankets, 5 pieces blue Duffies, 36 pieces Cotton Checks, 37 do. Cotton Cassimere, 25 do. Duffies, 18 do. Durants and Bumbazets, 6 Cotton Counterpanes, 4 pieces Cassimere, 76 do. Callico, 16 dozen printed Handkerchiefs, 18 pieces coloured Muslin, 70 pieces Jamonet and Book Muslins, 17 puncheons third proof Rum, 40 barrels Sugar, 20 bags Coffee. September 21.
For CHARTER. The Ship LIVE OAK , G. Ward Yarrell, master, burthen 300 tons, and will be ready to receive a cargo in a few days; she is particularly well constructed for the carrying of masts and timber—Apply to the master on board at my wharf, or the subscriber. William Pennock. September 21.
100 barrels prime New-York PORK, City inspection—For Sale by C. & F. Whittle. September 18.
NOTICE. I intend to leave this state in a few weeks. Elizabeth Laurance. September 18.
500 bbls. first quality Navy BREAD, 150 do. superfine Pilot For Sale by Stephen Harris. September 18.
NOTICE. The officers entitled to forage in consequence of the late tour of duty, under the command of Brigadier General Matthews, are requested to bring forward their returns properly signed by the 26th instant, as the accounts will be closed on that day. William Cammack, Commissary of Forage. September 18.
Coarse Liverpool SALT, For Sale on board the Ship Courtenay , capt. Bryant, lying at my wharf. Ap. 4 to William Pennock. Who has on hand,
Liverpool Blown and Cadiz SALT. September 16.

A Freight is Wanted For the Sloop JULIA ANN, burthen about 600 barrels, a fine new vessel, now ready to receive a cargo. For terms apply to the master on board, or
Christopher Fry. September 16.
For LONDON, The coppered Ship STRANGER, Barnaby Swain, master; 100 hogsheads can be taken on freight. For terms apply to Moses Myers. September 16.
For Charter, The good Schooner GOVERNOR CARVER, Joseph Churchell, master, burthen 1100 barrels, and is ready for the reception of a cargo. Apply to Moses Myers. September 16.
For Charter, The new Ship NABBY, Captain Rider, burthen two hundred and forty tons. Warren Ashley. For Sale on board said Ship, 700 sacks of SALT, and 25 crates well assorted Earthenware. September 14.
For Sale, Freight, or Charter, The excellent sailing Schooner THOMAS and HENRY, Thomas Fletcher, master, burthen 113 tons, now ready for the reception of a cargo. Also for Freight or Charter, The good Ship GLOBE, Ralph Flauders, master, burthen 182 tons, and will be ready for the reception of a cargo in four days. For terms apply to Richard Bowden & Co. September 11.
For Freight or Charter, The new Ship MARK & ABIGAIL, burthen 240 tons, now in order for the reception of a cargo. For terms apply to the master on board, or C. FRY. Who offers for Sale, 25,000 feet Boards and Scantling. September 4.
For Freight or Charter, The remarkable fine copper fastened Ship MARYLAND, Robert Inott, master, burthen 400 tons, now on her first voyage, and ready for the reception of a cargo. For terms apply to the master on board, or William Dickson. September 2.
For LIVERPOOL, The Ship LACONA, captain Walker, the greater part of her cargo being engaged, will sail with all possible dispatch for freight of 100 hogsheads or passage, having good accommodations, apply to the master on board, or Phinehas Dana. August 28.
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 LONDON, The fine American copper bottomed Ship AMELIA, burthen 369 Tons, or 500 Hhds of Tobacco; daily expected from Philadelphia. For freight apply to A. Machure. August 7.
Landing from the Elizabeth Margaret, from Teneriffe, 70 hogsheads and 100 quarter casks choice Teneriffe WINE.—For sale by Moses Myers. July 24.
The HOUSE on Smith's Point, adjoining Mr. H. Brunet'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 Brunet & Thompson, on Maxwell's wharf. August 12.
For SALE, 35 punch. Windward Island RUM. Brunet & Thompson. August 19.
For Sale on board the Ship Anacreon, 23,000 feet white pine BOARDS, of excellent quality, fit for inside joiner's work, which will be sold low if taken from on board. Apply to William Dickson. September 2.
NOTICE. The subscribers having obtained administration on the estate of TAAFFE O'CONNOR, request those indebted to make payment, and those having claims to render the same immediately. Thos. H. Parker, Fred. Heerman & Son, Admrs. June 19.
FAMILY FLOUR, of a superior quality in half barrels, for sale by J. & W. Southgate. September 2.
For RENT, The Store, Compting-Room & Cellar, at present occupied by Mess. Wood & Hastings, no. 90, Main-street. Apply to Thomas Willock. August 24.
For SALE, Situated in an agreeable and handsome situation in Hampton, on the Main-street, the premises owned and lately occupied by the subscriber, consisting of
A DWELLING-HOUSE, three stories high, the lower part finished for a store, with out-houses, all in complete order, with a large lot and good garden. A liberal credit will be given, and bond and security required. The House is at present well furnished, and will be rented by the month if not sold, with the Furniture. For terms apply to Mr. William Proby, next door to the premises, or to James Gilbert. Hampton, Sept. 2.
We want to Purchase, A few Shares of STOCK in the Virginia Bank. Campbell & Wheeler. May 22.
Fall and Winter GOODS. MACKINDER & WHITE, Have received per the Ship Nabby, from Liverpool, a general assortment of Cloths, woollen and cotton, Cords, Carpets and Carpeting, Blankets, Irish Linens, and a few boxes coarse Hats assorted, &c. &c. And expect by the first arrival from London, A supply of fancy and fashionable GOODS, suitable to the season, which they offer for sale by wholesale or retail, on the most reasonable terms for cash or approved paper. Sept. 16.
FALL GOODS. We have received per the ship Nabby, from Liverpool, a handsome assortment of Woollen GOODS, well suited to the approaching season, and are in expectation of a further supply by the first arrival from London. J. & W. Southgate. On hand, a few very fine Toned, Grand, and Patent Piano Fortes. September 16.
FALL GOODS. Just received by the Ship Nabby, from Liverpool, an extensive assortment of Cloths, Woollens, Hardware, and Cutlery GOODS, which will be disposed of very low by George M'Intosh. September 14.
Fall and Winter GOODS. RICHARD & JOHN TAYLOR, Have received by the Ship Nabby, from Liverpool, an extensive supply of WOOLLENS & HARDWARE. And in daily expectation of their assortment of Fancy and Fashionable GOODS, by the first arrivals from London, which they offer for sale by wholesale and retail on the lowest terms, for cash or good paper. Sept. 14.
COCKE & SANFORD, Have received by the Ship Nabby, from Liverpool, an assortment of Fall and Winter GOODS, Consisting of Cloths of all qualities, Cassimeres, Bennet's patent Cords, Flannels, Blankets, Kendal Cottons, Yarn, Worsted and Cotton Hosiery, Powder and Shot, and a small assortment of Sadlery. They expect by the first arrival from London, a further supply of fashionable fancy GOODS. September 14.
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 Huldah and Anna, capt. Fitzhugh, from Philadelphia, 8 hogsheads refined SUGAR, 10 pipes Cognac Brandy, 15 quarter chests Imperial Tea, latest importations, 10 hogsheads and 10 barrels Rye Whiskey, 6 pipe and 4 barrels American Gin, 30 boxes Yellow Soap, 9 boxes China—For Sale by Jennings & Roddey. July 9.
For SALE, A few hundred pounds of English PRINTING INK, of the first quality—Also, A few Reams first quality English Foolscap PAPER. Apply at the Ledger Office Sept. 17.
GERMAN LINENS, &c. 16 bales coarse Linen, 4 do. Ruffia Sheetings, 3 boxes German Rolls, 2 do. Rouans Sheetings, 1 do. fine Flanders do. 3 do. Platiilas, 1 do. fine Dowlas, 2 do. Table Cloth, 1 do. common Shirt Linen, 1 do. extra fine do. 1 do. Bed Tick 2 yards wide, Also, 450 pieces Paper Hangings, 80 boxes Window Glass, 100 do. Short Pipes, 120 do. Spanish Segars, from 8 to 20 dollars per box, 300 doz. empty Bottles, 200 wt. nealed Bottling Wire, 800 do. Glue, 11,000 best Coffee bags, 4,500 cheap Gunny Bags, 5 boxes Tumblers, Decanters, &c. September 11.
400 barrels Tar, 20,000 pipe Staves, 90,000 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 Chinguapin Posts 50,000 building Shingles. Proby, Harmanson & Co. March 2.
Turk's-Island SALT. The Subscribers being duly authorised, give notice to merchants and dealers in the above article, that they are ready to contract for the delivery of several cargoes of a choice quality at Turk's Island, and receive payment by drafts on the United States, at sixty days sight. The present year having afforded a good crop, it is expected the price will be moderate. Ample security, if required, will be given for the due performance of the contracts, and to insure punctuality and the utmost dispatch. Jas. & Thos. Tucker, Commerce-Street. September 11. 2aw3w
J. MORAN, Has received per Schooner Liberty, captain Lewis, from Philadelphia, in addition to his former supply of Groceries and Ship Chandlery, Imperial, Hyson, Hyson Skin, Young Hyson, and Souchong Teas, of the latest importation, Pepper, Allspice, and Mustard, Leaf Sugar, Chocolate, Soap, Candles, Spermaceti and Paint Oils, Powdered Black Lead, Roll Brimstone and Lampblack, Kedje Anchors, Boat Chains and Hooks, A variety of Hooks and Thimbles, Pump Bolt, Tackle, Barrel and hogshead Can Hooks, &c. &c. with an assortment of Tin and Japan'd Ware. And in Store, 1000 bushels Corn, a few hhds. Jam, Sugar, superior quality, a few barrels inferior to with Coffee, an assortment of Queen's Ware; which, with a variety of other articles for vessels and family use, will be disposed of on moderate terms for cash or short credit. September 11.
One Hundred Dollars Reward. RAN-AWAY from the Subscriber, living in Nansemond, within one mile of Scott's Landing, a negro man named MOSES, who since he has run off has changed his name to TOM SCOTT, having bought a free negro's pass registered in the Court of Isle of Wight county, by the name of Tom Scott; he is about 22 years of age, black complexion, about 5 feet 6 or 7 inches high, rather stout and well made—he has a pleasing countenance when spoken to, and lips in his common talk, but much more so when angry or talks fast; he was brought up on a farm, but as he has been run-away for three years, he has been employed on board of different vessels, and now has the appearance of a sailor. I understand he was at Norfolk on the 30th inst. month as a sailor in one of the Baltimore Packets; he has a scar on his right wrist, occasioned by a burn, and a small knot between the elbow and shoulder of the right arm, occasioned by a whip. As he purchased the free negro's pass as above mentioned, it will appear on examining the pass and the fellow, that there is no mark as mentioned on the fellow in the pass unless they are intended—I forewarn all masters of vessels from carrying the said negro man out of the state, and all persons from harbouring him. I will give the above reward to any person that will deliver him to me, or secure him in Norfolk County Jail. Ann Carstarphen. Nansemond County, Sept. 16. 3pc
REMOVAL. WOOD & HASTINGS, Have removed to No. 76, Main street, opposite Market-square, (lately occupied by CATON & VEALE) They have on hand a general assortment of English, India and French Goods. September 11.
One Hundred Dollars Reward. On the 23th of last month, my negro man GERARD ran away from my Mansion plantation, in King-George county, Virginia. He is about five feet and a half high, stout made, when standing appears to bend backwards in the knee joints, has thick lips, a pimpled face, his complexion of a yellow cast, and a scar in the form of an M, about an inch long on his right cheek. He is upwards of thirty years of age, and a Blacksmith by trade. He ran away many years ago, and was apprehended at Norfolk on board a vessel; and, as he has formerly been somewhat accustomed to going by water, it is probable that he will attempt to leave this state in that way. I therefore hereby forewarn all masters or skippers of vessels from harbouring or employing him. I will give a reward of one hundred dollars for apprehending, bringing said negro home, and delivering him to me, provided he shall be apprehended in another state—Twenty dollars provided he shall be apprehended anywhere in this state, brought home and delivered to me; and ten dollars in case he shall be apprehended and committed to goal, and information thereof given to me. I would advise the apprehender to watch him carefully while he is in his custody, as he is an arch and deceitful fellow, and might without strict attention effect his escape. Michael Wallace. September 11. 11t
SAMUEL COLEMAN, Opposite the Market westward, has a very extensive assortment of ENGLISH KID SHOES, in all the variety of that article, of the latest (legal) importation, with the necessary embellishments. An extensive assortment of Boston SHOES of a great variety of kinds. Also, a good assortment of New-York SHOES, of which kind particularly, he is enabled to sell the best Shoes in town—since no other person here, that he knows of, is largely supplied from that place; the superiority of the workmanship of New-York is well known to many people, and will be known by all who try it. A considerable assortment of British, New-York, Philadelphia, and Boston BOOTS—and is in expectation of a large quantity of Shoes and Boots of all descriptions from New-York, which will be sold at the prices of that place, wholesale and retail. He has just received, and an assortment of Mr. Vernon's elegant Baltimore Boos at least equal, it is believed, to any made on this continent. Being anxious to sell off his Boston Shoes and Boots, he will take in retail for Men's finest Shoes 10s. 6d. and in the same proportion for others—Suawrow Boots at 6 dollars—He will also reduce the price of English Kid Shoes with heels, to 10s. 6d.; without heels to 9s. He has for Sale, a considerable quantity of India COTTONS, very low for Cash. May 27. 2awtf
Liverpool and Cadiz SALT, loose and in Sacks—Also, 150 crates Queen's Ware, and China of superior quality—For Sale by William Pennock. August 26.
At the Old CUT-NAIL Manufactory, corner of Main and Church-streets, the subscriber keeps on hand constant supply, and can furnish at short notice, any quantity of Nails, Flooring Brads and Sprigs, At the following reduced prices, by the Keg—for cash only, viz.— 8, 10, 12, and 20d Nails and Brads at 7 1-2d lb. 6d. Nails, 9 1-2d 4d. do. 2s. 9d. m. or 11d 3d. do. 2s. 3d. or 12d Sheathing, do. 7 1-2d 6d. Sprigs, 4s. 6d per M. 6d. do. 2s. 9d 2d. and 3d. do. 2s. 3d He offers also for cash only—HOOP IRON ASSORTED. Thos. Seaman. May 25.
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 Willis 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 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 sure facias or otherwise, to defend the said suit if they think proper, and that Theo. Armistead defend the said suit 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 if his wife, may appear and make defence to the said suit 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 Cowney, against The President and Directors of the Dismal Swamp Canal Co. et al. State of North Carolina, first circuit, in equity, Chowan County. 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 Daughters 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 sure facias or otherwise, as he may think proper. A true Copy, (Signed) J. B. Blount, C. & M. C. C.
VIRGINIA, to wit: At a Chancery District Court, held at the former capitol in the city of Williamsburg, the 28th day of April, 1807, Josiah Riddeick, against Michael and John Wallace, and Barnet Pulliam, defts. The defendant, Barnet Pulliam, not having entered his appearance and given security according to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this country; on the motion of the plaintiff, by his counsel, It is ordered, that the said defendant do appear here on the first day of next term, and answer the bill of the plaintiff, and that a copy of this order be forthwith inserted in one of the newspapers published in the borough of Norfolk, for two months successively, and posted at the front door of the former capitol in this city. A copy. Anthony Robinson, C. C. 2m.
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 counting-house of Alexander V. Pfister, 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'Evans, Alex. V. Pfister, John Jones, jun. Assignees. 3m
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 bbls. Rye Whiskey, 4 barrels Apple Brandy, 1 do. Peach do. 10 bags Coffee, Imperial, Hyson, Young Hyson, and Souchong Teas, Pepper, Pimento, and Nutmegs, Madeira, 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. Mackerel, 15 cases Sallad 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. John D. Haldane. July 31.
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 concern 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 RENT, The Store and Dwelling-House, on Market-Square, at present occupied by Mess. Quemper & Duon. Apply to William B. Lamb.
WANTED, A few Shares Virginia Bank Stock. April 13.
For Sale by the Subscribers, 100 tierces RICE, 25 casks Claret Wine, 200 boxes Spanish Segars, D. R. Waddey, & Co. August 19.
NORFOLK: PUBLISHED THREE TIMES A-WEEK, BY WILLIAM DAVIS, FOR THE PROPRIETORIEITOR, OPPOSITE THE EXCHANGE COFFEE HOUSE Price Six Dollars yearly, in advance.