Lynchburg star (Lynchburg [Va.]), 1806-12-25 00:00:00

LYNCHBURG STAR.
Virginia.)
Published by JAMES GRAHAM.....at 3 dollars per annum.
(Payable in advance.)
YEAR 2.
Thursday, December 25, 1806.
No. 9.
Governor's Letter.
RICHMOND, Dec. 1, 1806.
SIR.... No object is more grand or pleasing in the estimation of the philanthropist, than an assembly of the Representatives of a free people, looking up to them as the fountain of all power, and the depositary of the sovereignty of the country.—History affords no proof of the existence of a system similar to our own in any age or nation of antiquity, nor does it appear that such a plan ever formed a part of the speculations of their greatest sages; and if we turn our eyes to the present state of three quarters of the globe, we shall find nothing to console the friends of Representative Democracy. It is in the U. States only that we acknowledge the power, and how to the sovereignty of the people, in the respect which we pay to their Representatives. The General Assembly of Virginia convened from every portion of its territory, bringing with them the wishes, the principles, and the intelligence of their constituents, the guardians of the public interests, and superintending every department of our political concerns, are approached, through you, with all the respect due to their character.—It is the business of the Executive to attend to the faithful execution of the laws; it is right that they should render to the Representatives of the people, an account of the manner in which they discharge that duty, and communicate to them such defects in the laws, as may have been discovered in their operation; and although there is no express provision in our constitution, authorising the Executive Department to communicate its opinions on any measures of improvement, or promotive of the public welfare, I am well assured that such opinions, when imparted in the proper spirit, will always receive a due attention.—Influenced by these impressions, I beg leave to make the following communication to the Legislature.
The duties of the Executive, imposed by the Constitution or the general laws of the land, they trust, have been fully executed; but have not been diversified by any remarkable incident worthy of communication.—They rejoice in the happiness of the people under the operation of equal laws, provided by the wisdom of the legislature, for the protection of their liberties and property.
The public Institutions in this City have been objects of the particular attention of the Executive.—The Manufactory of Arms has been conducted, as heretofore, under the superintending vigilance and skill of the ingenious Major John Clarke, with a success equal to the most sanguine expectations of the friends of that useful and valuable establishment. A detailed report of its operations will be prepared, as usual, by the superintendent, and will form the subject of a subsequent communication. At present I beg leave to observe, that by the act of the fifth of February last, the sum of forty thousand dollars, was appropriated for the expence of manufacturing Arms, including officer's salaries, with an express restriction that, the operations should be so conducted as to prevent the expenditure of a greater sum, and that it should not be lawful for the Auditor to issue warrants to a greater amount.—It was manifest that, to keep the institution in operation, and at the same time to keep within the limits of the appropriation, there would be a necessity for retrenching the expences of the establishment. Accordingly, those of the Artificers were discharged, whose services could be spared with the least injury, and every exertion was made to comply with the wishes of the Legislature by keeping within the limits of the restriction imposed. But, in an establishment so extensive as our Manufactory of Arms, it is impossible, on the first experiment, to foresee with certainty, what particular system of operation will keep the Institution in motion for a given time, on a given sum. And it was found sometime in the month of October, that the expences had already equalled the appropriation which the Executive were bound not to exceed. Thus situated, the proper course to be pursued became an important object of anxious enquiry. To have permitted the establishment to have remained idle, by discontinuing its operations until the meeting of the assembly, would have been attended with the most serious inconvenience and injury. Waving the consideration of all other disadvantages of such a procedure, it will, perhaps be, sufficient to observe, that the most of the Artificers have been induced, by the promise
of employment, to come to Virginia from remote parts of the Union; and in many instances, there were actual contracts still in force between them and the Commonwealth. It was concieved that, if we failed to furnish them with employment, by discontinuing the operations of the Manufactory of Arms, they would be absolved from their obligations to the public; and depending on employment for subsistence, they would have been compelled to seek it elsewhere, and to abandon the institution. They had been procured after much trouble, with great difficulty and expence; they had arrived at great skill in their respective branches of business, and had become attached to the institution. Had they been compelled to abandon it, their loss would not have been supplied but at great expence, and after considerable lapse of time, during which this important establishment would have languished or remained idle.—It was therefore concieved by the Executive to be their duty to retain the services of these valuable men, provided it could be done without a departure from the intention of the Legislature, which they hold in too high respect ever knowingly to violate. It was communicated to them, that the Artificers were willing to continue in the public employment in carrying on the operations of the Manufactory of Arms, although they knew there was no law to provide for their payment, and the Executive had no right to make any contract, to compromit the public faith. They demanded no such contract, and if demanded, none would have been made. They were willing to throw themselves on the liberality of the Assembly, provided the Executive would permit them to proceed in their usual employment, and would promise to state the case, and recommend them to the consideration of the Legislature. The Executive could not hesitate a moment to accede to these terms and directed the operations to be carried on as usual, and such articles to be purchased by the Superintendent, as should be absolutely necessary to the progress of the establishment; the persons of whom they were purchased, agreeing to rest their claims for payment, on the same footing with that of the claims of the Artificers.
The Superintendent had also a considerable time before requested some merchants of this city, to procure a quantity of steel, files, and flints, essentially necessary for the future use of the manufactory of Arms: and although the merchants who had procured these articles, had expected immediate payment, yet they also consented to wait, until it should be provided for by the Assembly.—I now take much pleasure in most heartily recommending the claims of the Artificers to the early consideration of the Legislature as also the other claims abovementioned. I most solemnly assure the General Assembly, that the course pursued by the Executive has not arisen from any wish to evade the law of the last session, by expending on this subject a larger sum than was appropriated; and it is hoped their conduct will be approved, when it is remembered, that the subject is completely in the power of the Assembly, and that the expences incurred since the last appropriation was exhausted, may justly be considered as forming items in the expences of the new year; over the appropriations of which the Legislature have full controul, and may enlarge or limit them at pleasure. If the present Legislature should pursue the same policy which influenced the last, in restraining the expences of this establishment within certain limits: I have the pleasure to assure the General Assembly, that the experience of the last year will enable the Executive to continue the operations and at the same time to keep within the bounds prescribed. But I beg to be indulged with some further observations, and to recommend to the fostering care of the Legislature this noble and useful institution, which arrests the attention of every stranger, exerts even from the European traveller, the tribute of high admiration, and if put into the extensive operation of which it is capable, would insure to us the all important object of placing in the hands of the whole of our Militia, arms, equal, if not superior to any in the world. The blessings which we enjoy under our free constitutions have been procured by the blood of our ancestors, and can never be too highly estimated. Do we not undervalue them, when we remain without the means of defending them? The history of nations teaches the melancholy truth, that justice and propriety of conduct towards others will afford but poor guards for our
future safety. To be protected from insult, injury and invasion, we must depend on means, which, in the estimation of other nations, are more substantial. We must be able to repel force by force; and when inevitable necessity points to war, we must be prepared with the instruments of destruction. With this view, the Legislature have erected, at great expence, this noble establishment, in a situation the most eligible that can be concieved, and it is superintended by genius and skill that need not shrink from any comparison. I therefore, most respectfully submit to the consideration of the Assembly, whether we ought not to avail ourselves of all the advantages of our situation, by putting this institution into full and extensive operation.
But while I recommend the fabrication of new arms, it is my duty to state to the Legislature, that of the arms heretofore distributed to the Militia, there has been a loss & destruction truly alarming, which will no doubt attract the serious attention of the Assembly. I have not yet received official information sufficient to pronounce with certainty on the extent of this loss. Should it be received before the close of the session, it shall certainly be communicated. The Assembly, however, may be assured, that the actual loss is very great; and of those remaining, many are so damaged, as to be unfit for service. Various applications from different parts of the state, have been made to the Executive, to prescribe the mode of repairing these arms, and particularly to allow a portion of the Militia fines to be applied to that object. But the Executive concieved they had no power over the subject, and it remains for the wisdom of the legislature to adopt measures more effectually to prevent the loss of arms, and to provide for repairing them when damaged.
The Penitentiary establishment has demanded and received much of the attention of the Executive. This institution, founded on benevolence, and on which the friends of humanity have dwelt with so much pleasure, has not yet been sufficiently long in operation to receive all the improvements which may be dictated by experience and observation. I have the pleasure to communicate, for the information of the General Assembly, a report from the keeper of the Penitentiary, exhibiting a statement of the number of convicts received in each year, since the commencement of the establishment, and the crimes of which they have been convicted. It will be seen that, of 283, the total number of convicts that have been sent there for punishment, 152 have been discharged, 5 have escaped, 14 have died, and that there are now 113 in confinement. It exhibits a result which must be pleasing to the friends of the institution, that the number of crimes has not increased since its establishment; and holds out the consoling hope, that the introduction of all the amendments which may be suggested by the lights of experience, will occasion a diminution of the number of criminals, and that many of them may be restored to the community useful members of society. Early in the last spring, the Executive appointed a committee of two of their own body, Alexander Stuart, and William W. Henning, Esquires, "to visit the Jail and Penitentiary house, and examine minutely into the manner in which the rules and regulations of the said Jail, are carried into effect, and also into any other matter which they might judge proper relative to the institution." These gentlemen made their report on the 12th of April, to which I invite the attention of the Legislature as exhibiting those causes which in the opinion of the Executive, have contributed to render the system expensive to the Commonwealth, and in some respects, unequal to the sanguine expectations of its early admirers.—One great cause is the "want of co-operation and attention on the part of some of the gentlemen appointed inspectors." "When it is considered that no measure of importance can be adopted by the keeper, without the approbation of the acting inspectors," it is manifest, "that the want of a regular attendance on their part must be attended with the most serious inconveniences." On this subject permit me to observe, that the office of inspector is not only a very unpleasant one, but if properly executed will require much time and attention, and experience proves that we have no reason to hope for a more regular attendance of the inspectors, unless it shall be induced, or enforced by some other regulations to be adopted by the Legislature. Another cause
mentioned in the report, is "the difficulty of enforcing obedience to the rules and regulations prescribed for the government of the convicts, from the necessity imposed by law of calling in the aid of two inspectors, and the Mayor of the city of Richmond, before any adequate punishment can be inflicted." On this subject I speak most positively, because I speak from experience and actual observation. We have given to the system of mild treatment, the fairest trial, and sad experience teaches us that, in many instances, nothing but the most rigorous punishments allowed by the law can restrain the ungovernable spirits of some of the convicts. To the friend of humanity, and of the dignity of human nature, it is painful to be compelled to inflict corporal punishments. But, when no others will answer, and necessity requires them, the humanity which would forbear is misplaced, and becomes injustice to the community. Five convicts, who had been discharged from the Penitentiary, have been returned for second offences, thereby manifesting that no change had been wrought upon them by their previous confinement, and the discipline of the institution. I beg leave to suggest that the 24th section of the act of 1796, which was intended by the Legislature to apply to such cases, and to inflict an increased punishment is defective, and has never been carried into effect, because it prescribes no mode of legally ascertaining the former conviction of the same person. I submit for the consideration of the Assembly, whether it be not advisable in such cases, to direct an investigation in the District Court of Richmond, where may be easily procured the Records of the former conviction and the evidence of the identity of the person.
There is one circumstance, in relation to this institution, which, I concieve, is highly worthy the attention of the Legislature. It is the frequency with which the most desperate and daring attempts are made by the convicts to affect their escape. These plans, although well concieved, and deeply laid, have not succeeded, in any instance since your last session; but they have sometimes approached the very moment of execution before they have been discovered. Disappointment seemed not to discourage them; and it was at length found necessary to encrease the detachment of the Public Guard stationed at the Penitentiary, and to require the constant attendance, both day and night, of one of the commissioned officers. It has not since been found advisable to lessen the force stationed there, nor to dispense with the presence of the officer: so that although escapes are thus prevented, the object is accomplished at a vast expence to the community, and greatly to the public injury, by so weakening the Public Guard as to render it less competent to protect the public property in the city, for the preservation of which it was originally established. It is therefore respectfully submitted, whether sound policy does not require an encreased severity of punishment for escapes, or attempts to escape.
On the training and discipline of the great body of the militia, so frequently the subject of communication to the Assembly, I forbear to make any observations; not because I deem the subject uninteresting, but because its importance at all times, and particularly in the present aspect of our foreign relations, is so obvious, that it is impossible any thing I could say could encrease the impression already existing on the mind of every member of the Assembly. I beg leave, however, to remark, that the rules of discipline as established by Congress in their resolution of the 29th of March, 1779, and which, by the directions of the Assembly, have been distributed among the officers of the militia, have no relation to cavalry exercise or discipline; nor has any system of discipline ever been furnished the officers of cavalry for their instruction. Permit me to make one observation on the new sword which is said to have been adopted from the Prussian and Hungarian exercise for horsemen, universally introduced into Europe; and is believed to be indebted for this treat Clarke, the superintendent of Arms, who inclines to the opinion that it might be circulated among the officers of the addition of engraving

style of those in Steuben's discipline, exhibiting the horseman in all the various attitudes of performing the motions and evolutions described in the treatise. The executive approved the plan, but determined, before its execution, to submit it for the consideration of the Assembly.
The increasing expense, with the increasing number of courts martial, arising from the latitude of construction given to certain parts of the militia law, is, I conceive, worthy the attention of the Legislature. Their interposition is the more necessary, because, the construction given to the law varies with different officers in different parts of the state, and even with different officers in the same neighborhood. By the 23d section of the militia law, passed in the session of 1803, it is directed that "any officer who may be guilty of disobedience, or other misbehavior, when on duty, or shall, at any time, be guilty of any conduct unbecoming the character of an officer, shall be put under arrest by his commanding officer, and tried as hereinafter directed." Some officers have given a very broad construction to the general words of this section, and have not considered them restrained by any thing found in other parts of the same law. Their construction authorizes and requires the arrest of officers, for acts which are mere violations of morality or law, in no manner relating to their official character or conduct; and it is believed, that in some cases, simple violations of the rules of decorum have been exhibited as the foundation of arrests. Other officers have given to this section a more limited construction, believing it to be restrained in its application, by the 27th section, which in prescribing the organization of courts martial, speaks of them as being "instituted for the trial of offences as they are to be viewed in a military light," and therefore, in the estimation of the advocates of the limited construction, precludes courts martial from enquiring into acts, which, although they may be violations of the laws of honor or morality, and even of the positive laws of the land, have no relation to the official conduct of the accused. I beg leave to represent that it is believed, the facility of procuring arrests, has in many instances been wantonly abused, to the vexation of individuals, and the injury of the public, and unless restrained, bids fair to absorb a very considerable proportion of the fund usually appropriated to the contingent expenses of government. On some occasions, courts martial have been erected into courts of chivalry, for the trial of nice points of honor, which although important to the parties, did not interest the community; while on others, it is believed they have been made the instruments of private pique, resentment or malice, to wound the feelings, and obscure for a time, the reputation of meritorious officers, by the exhibition of charges which frequently were groundless, or, if true, ought never to have been made the subjects of investigation before a military tribunal. I therefore invite the attention of the Legislature to this subject, and beg leave to submit whether it has not become necessary to define, with more precision, the offences for which an officer may be tried, and to require that the charges shall be supported by affidavit, before an arrest shall be ordered.
By the 14th section of the militia law, it is declared that every officer who shall be appointed to command any volunteer company, and shall fail to complete his quota within six months after receiving his commission, shall be discontinued at the discretion of the Executive, unless good cause be shown to the contrary. But it very often happens that officers, after having completed their quotas, or after their companies or troops to be reduced far below the legal standard, without the making successful exertions to complete them again. It is not believed that the Executive have any power to discontinue officers thus situated, although the public interest might require it. Ought not the same policy which directs the discontinuance of an officer failing to complete his quota in the first instance, also to direct such discontinuance when he permits his company to be reduced, and then fails to complete it again?
Our act of Assembly of the 23d of January, 1804, section 28, declares that in the trial of militia officers, the courts martial shall proceed according to the rules and articles of war as established by a resolution of Congress; and the 45th section of the same act provides that the militia, when called, shall be governed by the articles which govern the troops of the United States. But the act of Congress, "for establishing a uniform system of militia in the United States," makes no changes in the articles of war as before submitted whether it not to be so amended, to the articles of war as now.
It is satisfactory to the Assembly that the humane provisions by the humane proprietor and sold by the ion of their being carried states. This document
embraces every case that has occurred since the passage of the act of the 15th January, 1801, giving that power to the Executive. It is believed that the conditions of this law have, in some instances, been improperly evaded, by the purchasers of slaves, who, in compliance with the letter of the law, have carried them out of the United States, but, in total violation of its spirit, have there made sham sales of them to their agents, brought them immediately back into some of our sister states, and imposed them on their citizens. It is submitted whether the provisions of this law might not be guarded as to prevent such improper practices.
By the act entitled "An act to reduce into one all the acts and parts of acts relating to the appointment and duties of sheriffs," it is declared that if any person appointed as sheriff shall not, within two months after his appointment, give bond and security as required by law, the clerk of the court of such county, shall within one month transmit to the Governor, a certificate, of such neglect or failure, and on receiving such certificate, the Governor, with the advice of Council, is authorized and required to issue a commission to some other person nominated by the court, which commission shall supersede the former commission. The Executive have had occasion to act under this law, and although they were perfectly satisfied as to the cause of the failure, decided that the language of the law was so express, positive and mandatory as to leave them no discretion, but that they were absolutely bound to supersede the former commission. As this construction, which the Executive consider is the only one the law will bear, may operate to deprive meritorious magistrates of the only reward for their services, even where they may not have been guilty of any intentional neglect, it is submitted whether the law ought not to be so amended, or explained, as to authorize and require the Executive to issue a commission to some other person nominated by the court, unless good cause be shown to the contrary.
In consequence of the death of the virtuous, the patriotic and venerable George Wythe, whose services will long be remembered by a grateful country, the office of Judge of the Chancery Court, for the Richmond District, became vacant. The Executive would have manifested a criminal inattention to the interests of the public, had they permitted this very important office to remain vacant until the meeting of the Legislature; and therefore, after allowing themselves sufficient time to look around for a suitable successor, the office was conferred on Creed Taylor, Esq. But this appointment depends, for confirmation, on the will of the Assembly.
The office of Brigadier General of the 13th Brigade has become vacant by the death of Brigadier General John Boyer, and the office of Brigadier General of the 14th Brigade has become vacant by the resignation of Brigadier General Henry Young. I have also to announce that a vacancy has been occasioned in the Privy Council or Council of State, by the death of Lynch Shackleford, Esquire. It belongs to the General Assembly to fill these vacancies.
I have received from the Governor of Maryland, a resolution of the General Assembly of that state, proposing an amendment to the Federal Constitution, so as to authorize and empower the Congress of the United States to pass a law, whenever they may deem it expedient, to prevent the further importation of slaves from any of the West-India Islands, from the coast of Africa, or elsewhere, into the United States or any part thereof. I have also received from the Governor of Tennessee a resolution of the General Assembly of that state, proposing the same amendment to the Federal Constitution. I have the honor to lay them both before the General Assembly.
I transmit, herewith, the Auditor's statements of the taxes for the year 1805, including the different branches of the revenue, together with a list of balances due from sheriffs and collectors to the first of October, 1806. In relation to this subject, there is one circumstance which I deem it my duty to bring to the view of the Assembly. It is the fact, that as early as the fourth of April, the public treasury was so exhausted as not to afford the means of paying warrants drawn on it by virtue of legal appropriation. I now enclose a list of warrants amounting to 21,198 dollars, and 66 cents, presented at the treasury between the 4th of April, and the 16th of July, and which at the time of their being presented, the treasury could not discharge. It is also a notorious fact that many other warrants, the amount of which cannot be precisely ascertained, were held up and not presented on account of the known inability of the treasury to discharge them. I have thought it my duty to communicate these facts for the information of the Legislature; but I forbear to make any comment, because I conceive the important business of revenue belongs exclusively to the consideration of the representatives of the people.
It is also my duty to communicate that the fund "for the contingent expenses of government," the fund "for the expense of removing criminals to the Penitentiary, and their confinement therein, including officers salaries," the fund for the public services of District Court Clerks," and the fund "for payment of the expense incurred at the several Warehouses for the inspection of Tobacco," have been exhausted; and that several warrants drawn on each of those funds and now in circulation, cannot be paid until some further appropriations shall be made by the Legislature. I inclose a list of these warrants for the information of the Assembly.
Before I conclude this communication, I beg leave most respectfully to call the attention of the Legislature to the importance of schools for the more general diffusion of knowledge. I shall not speak of the influence of education on individual happiness, by enlarging the mind, extending our views and desires, opening new sources of enjoyment, and multiplying the means of gratification. I speak of its influence on the national character; and in this view it is, I humbly conceive, an object of great national concern. The history of other nations, the wisdom of whose policy has been directed to this important subject, bears the most indisputable evidence of its vast influence in promoting a spirit of industry, adventure and enterprize; in early implanting the principles of virtue, and more effectually preventing the commission of crimes than any other expedient that has ever been resorted to in any country. The liberal and humane policy of the Legislature of Virginia has erected at an expense of 138,000 dollars, a Jail and Penitentiary house for the confinement and punishment of criminals, and it is supported at an annual expense of about 6,587 dollars, exclusively of the sum of 23,714 dollars and 31 cents, paid for criminal prosecutions, and the sum of 3,686 dollars and 24 cents, paid for removing criminals to the Penitentiary.
The object of this policy is the prevention of crimes by the reformation of offenders, and by deterring others from their commission by the influence of example. Shall we expend so much money in the uncertain hope of preventing crimes by a system of punishment, and shall we give nothing to the establishment or support of a system of education, which would prevent them more effectually by inspiring a love of virtue and giving an early strength to its principles? Shall we expend so much in the efforts to reform malefactors, and shall we give nothing to the virtuous poor, the facility of calculation; to draw forth, from obscurity and indigence, the exertion of the intellectual powers of those who might be useful, but are now lost to the community; or the still more splendid talents of others, who, but that "their lot" forbids, might become ornaments to their country, and "read their history in a nation's eyes." I hope it will not be inferred from these observations that I am inimical to the Penitentiary establishment. I admire it as an excellent system for the reformation of offenders. But I more admire a system for the general diffusion of knowledge, because it will more effectually prevent crimes, and produce other most substantial benefits. That it is essential to the preservation of a republican government, is a remark not less true than common. A people, once free, can never be enslaved, so long as they remain enlightened. With arms in the hands of a well regulated militia, they may defy invasion; and elevated by virtue, and inspired with the knowledge of their own rights and of the duties of their Representatives, they will have nothing to fear from the intrigues of faction or the designs of ambition; for "the voice of the people" will then be heard as "the voice of God." Our present situation is favorable, in the extreme, to the introduction of great and useful improvements. By the most happy organization, our foreign relations are entrusted to the Federal Government; and they are now under the guidance of an administration whose wisdom, virtue and unceasing solicitude for the public welfare, command all our confidence, and leave us at leisure to devote our attention to internal and domestic improvements.
The observations which I have thought it my duty to make, have been dictated by a regard to the interests of our country, and I beg leave to assure you that they are submitted with the profoundest respect for the General Assembly. There are several subjects, which it will be my duty to lay before the Legislature, and which shall be embraced by a subsequent but early communication.
I have the honor to be, With great respect, Sir, your most obedient servant, WILLIAM H. CABELL.
Foreign. Late and Important News. NEW-YORK, December 9. We announced to the readers of the Mercantile Advertiser, and the public, the important intelligence
that H. Affairs have commenced on the Continent of Europe between the Prussians and the French; and that, after nine days successive and successful fighting, in which the Prussians were defeated with dreadful carnage, the Emperor of the French has arrived with his victorious army before the city of Berlin. The Duke of Brunswick, Prince Ferdinand of Prussia, the Prince of Hohenlohe, and many other officers of rank, are said to be amongst the number of those who in French phraseology have "bitten the dust."
We are indebted for the detail of these events to the arrival at this port of the ship Eugenia, captain Boden, in 37 days from Amsterdam; who furnished us with a file of Dutch papers to the latter end of October, and of London papers to the 27th.
From these papers we have selected from amongst many others, equally interesting, the following very important articles:
A letter from Amsterdam, dated the 29th of October, says, "The war with Prussia is at an end, and the French are at Berlin. In nine days an army of one hundred and fifty thousand men has been destroyed, and a kingdom taken. I think great operations are still to be carried on."
TRANSLATION from the Dutch papers. [Supplement to the Rotterdam Courant of October 13] HAGUE, Oct. 17.
Last night his excellency the Secretary of State received the important intelligence, that hostilities have commenced between the French and Prussians, and that repeated and desperate engagements have already taken place between the two armies. Fortunately, however, the result of them has proved entirely favorable to the arms of France.
Prince Lewis Ferdinand, brother of the King of Prussia, who, on one of the above occasions, commanded in person, is killed; and the latter advantages over the enemy on the first occasion, consist in a great number of prisoners of war, and thirty-two pieces of cannon.
Gera, October 13. The battle of Schlatz, which opened the campaign, and was very unfortunate for the Prussian army—that of Saalfeld, which was fought the following day, have occasioned a great depression of the enemy's spirits. All the intercepted letters say, that the same sensation prevails at Erfurth, where the King and Queen, and the Duke of Brunswick, still are; and that they are continually consulting what line of conduct to adopt—But, while they consult, the French army advances.
TO BE SEEN AT Charles Hoyle's Tavern in the town of Lynchburg, on the 25th and 26th days of December, from 8 o'clock in the morning until 12 o'clock each day.
The ELEPHANT, being not only the largest and most sagacious animal in the world, but the peculiar manner in which it takes its food and drink of every kind with its trunk, is acknowledged to be the greatest natural curiosity ever offered to the public. She will draw the cork from a bottle, and with her trunk will manage it in such a manner as to drink its contents, to the astonishment of the spectators; will lie down and rise at command. She is between six and seven years old, and measures upward of fifteen feet from the end of her trunk to that of her tail; ten feet round the body, and upwards of six feet high. Admittance 25 cents—Children, half price.
NOTICE.
THE Subscriber respectfully informs the citizens of Lynchburg and its vicinity, that he has just commenced the BAKING BUSINESS in the above place, and proposes to furnish all those who may choose to patronize him, with loaves of Bread to a barrel of flour. He will bake pilot bread, ship-bread, crackers, butter biscuit, rusk, pine cake, &c. &c.
JAMES ALBERT. Lynchburg, 27th Nov. 1806. tf.
For Sale,
ONE of the most valuable tracts of LAND, containing 810 acres, lying in the county of Bedford, within eight miles of Lynchburg: it is uncommonly level, and contains a good proportion of Tobacco and Meadow land—The plantation is in good order, and the improvements calculated to accommodate a genteel family. SETH WARD. Lynchburg, Nov. 6th, 1806. tf.
TAVERN.
THE subscriber takes the liberty of informing his friends and the public, that he has opened the Tavern formerly occupied by Mr. John Thompson, in New London, in the East end of the town, near the Court house and opposite Dr. Jennings's.
It is not unusual on these occasions to set forth pompous advertisements, filled with specious promises, few, and sometimes none are complied with; on the contrary, he will only say that he will do every thing in his power to render his House and Stable comfortable. THOMAS LAWTON. New London, Nov. 4. tf.
For Sale,
ONE NEGRO WOMAN and her two CHILDREN. For particulars enquire at the Sta. Office.

Domestic.
FEDERAL COURT.
Opinion of His Honor
HARRY INNIS
Respecting the
FEDERAL ATTORNEY'S
MOTION
vs.
AARON BURR, Esq.
Saturday, 8th November, 1806.
The question to be considered: Has this court power to award process against the accused, and to compel the attendance of witnesses upon this motion. And if the court has such power, is the evidence adduced sufficient to warrant the measure?
Four kinds of proceeding have been known and pursued in order to convict persons of crimes and misdemeanors: 1st. By an application to a justice or judge out of court.
2d. By preferring an indictment to a grand jury.
3d. By a presentment of the grand jury. And the
4th. By information.
The present application is not embraced by either of those modes of proceeding. It is a new case resting on the discretion of the court; and as this decision may be considered a precedent in future, I have thought it my duty to take time and mature the subject; because the proposed measure being prevention, no injury would arise by a little delay.
No instance has occurred (within my recollection since I have become acquainted with judicial proceedings, when a crime or misdemeanor has been committed) of a motion being made to a court to award process to arrest the offender in the first instance; neither have I a knowledge of the existence of a law to authorize it.
In any case where a court awards process, it is predicated upon some previous act already done, which gives the court cognizance of the subject, and brings the case in a legal shape before that tribunal; this being performed, the power to adopt every necessary measure to attain the object and end of the law and to perfect justice is vested in a court.
The magnitude of this cause, not only as it relates to the community, but to the accused, requires that the proceeding be pursued with regularity, caution, and circumspection. If the facts stated in the affidavits, be true, the object ought to be prevented, and the offender punished. Yet, in going this, the regular legal steps pointed out by usage, or by law, ought to be pursued. If on the other hand, the accused be innocent, the strong arm of power, ought to be confined within its proper limits—the known rules of proceeding; and on no occasion but extreme necessity, ought a jury to be induced to exercise a power which rests on discretion. The law then becomes unknown, and the best judge may be considered a tyrant, because, it then depends upon his whim and his caprice. It will not be uniform, but it is liable, to change with the opinion of every judge.
These reflections extend to the general principle arising out of the case. Admit, however, that they are erroneous; to award process, would be improper—it would be an act of oppression, because there is not legal evidence before the court, to authorize an arrest of the person accused. The evidence is the oath of a person, who has been informed by one not upon oath, that the deponent believes the fact to be true—I have no doubt of the truth of the affidavit, that is, that the deponent has been informed of the fact stated; and it is possible the fact is stated, is true; yet, it is not legal evidence, and not being legal evidence, the court cannot act upon it.
Upon this view of the subject, I am compelled to declare, that as the cause is a new one—as no precedent has been shown to justify such a proceeding; as the law is silent upon the subject; and as there are two other modes of proceeding, which are regular, and well understood, viz. by applying to the judge out of court, and obtaining a warrant upon legal evidence, or by the court ordering a grand jury to be summoned instanter, and preferring an indictment. This motion is overruled.
Whereupon the attorney for the United States, prayed the judge to issue his warrant to the marshal of this district, to cause to come here a grand jury, which warrant is in the following words, to wit:—
United States of America, Kentucky District, to wit:—
Pursuant to a rule of the court of said district, I hereby direct and require you, that without delay, either yourself or faithful deputy, to summon and cause to come here, twenty-four freeholders, of the body of said district, to be empanelled as a grand jury for the said district, for which this shall be your sufficient warrant.
Given under my hand and seal, as judge of said district, this 8th of Nov. 1806.
HARRY INNIS, (Seal,) To JOSEPH CROCKETT, M. K. D.
And thereupon the said marshal came to come immediately, twenty-four freeholders, to be sworn and empanelled in
and for the body of said district, to wit: Hubbard Taylor, foreman, William Taylor, George Thompson, Joshua Beebe, Robert Alexander, William Trigg, Henry Lee, James Knox, Thomas Arnold, Nicholas Lafon, George Greer, Harmon Bowmer, John Payne, John Macker, Nathaniel Hart, John Patrick, Jacob Fishback, William Hart, George Madison, Richard Apperson, Norbourn B. Beall, John M'Kenley, John Overton, and John Brown, who being elected, tried and sworn, as the manner is. The said attorney moved the court to adjourn the said jury until Wednesday, the 9th day of the present term—and to compel the appearance of certain witnesses to give testimony before said jury, upon an indictment preferred by said attorney, against Aaron Burr, Esquire—It is therefore ordered, that the said jury be adjourned, and witness subpoenaed accordingly, to the ninth day of this term.
COLONEL BURR
BEFORE THE
FEDERAL COURT.
Wednesday, December 12, 1806,
The public mind, was, perhaps, never excited in a greater degree, than by the expectation of the events of this day. An unusual concourse of people had assembled from Lexington, and various other places, in order to be present at the important trial of the late Vice President of the United States. The charges were of such a magnitude, that even had they been made against any common individual, they were well calculated to excite public interest.
After the opening of the court, the deputy Marshall proceeded to call the names of the jury, when one of them, viz. Captain Apperson was absent. The public attorney being out of court, the judge ordered his attendance, to inform him of the circumstance. On the attorney's entering the court, he informed the judges, that owing to the non-attendance of a most material witness, viz. Mr. Davis Floyd, he would be under the necessity of postponing this very material investigation for the present. His honor judge Jones, then discharged the jury.
A few minutes after their discharge, Col. Burr entered, attended by Henry Clay and John Allen Esqrs. his counsel. He rose, and addressing himself to the court, expressed both his surprise and regret, that the grand jury which had been called for the purpose of investigating his conduct, should have been discharged so precipitately; and requested to know the cause of the postponement of the proposed investigation. Mr. Davis's role in reply, and briefly stated, that the absence of Mr. Floyd, compelled him to postpone his proceedings; that it was true, he could have entered into an investigation of several of the charges by the other witnesses, but the evidence of Mr. Floyd, was essentially necessary, in order to connect them together. Col. Burr rose again, and expressed a desire it should be expressly understood, that every exertion had been used in his power to compel the attendance of the witnesses, and wished if Mr. Davis's could inform him of the cause of the absence of Mr. Floyd. Mr. Davis stated that on Saturday, he had been informed by Mr. Clay, that it there were any of the witnesses over whom Col. Burr had any influence, that he would exert every endeavor to bring them forward; but he declined giving Mr. Clay any names; conceiving that the process issued by the court, was sufficient for that purpose. Col. Burr rose again, and expressed a desire, that the cause of the postponement should be entered on record; and the reason of the absence of Mr. Floyd should be known. To this, Mr. Davis assented, and observed, that as to the absence of Mr. Floyd, the marshal who had been after him, informed him it was occasioned by his being a member of the Legislature of the Indiana territory; and that he had set out to attend that legislative body about ten days ago.
Col. Burr then addressed himself to the court, and requested that the citizens of the state, should dismiss their apprehensions for the present; and hoped that they would remain neutral, nor suffer their minds to be biased at his prejudice, until the investigation was made.
The deposition of Col. Burr, as usual, was manly and dignified. It is true his countenance appears to have suffered considerably within these few years; and the many misfortunes in which he has been involved, have evidently left the traces of care and anxiety deeply impressed upon his features. His eye, however, retains all its natural penetration and acuteness; but the bland and captivating serenity which his countenance formerly displayed, appears to be exchanged for a deep and dark melancholy.
The following is a list of the names of the witnesses, who were summoned and attended; to which is subjoined a copy of the last order of the court in this important case:—
  Sam. N. Luckett,  Jefferson.    William Fleckner,  Jefferson.    John Jordan, jun.  Fayette.    Thomas B Reed,  Mercer.    Thomas T. Davis,  Ind. Territory.    Thomas Badley,  Fayette.    Jesse Bledsoe,  Fayette.    Charles Lynch,  Shelby.    Benjamin S. Baftian,  Jefferson.    John Brown,  Franklin.    John Adam,  Mercer.  
The grand jury empanelled and sworn to enquire, &c. on the third day of this term, and who were adjourned over to this day, being called, appeared in court agreeable to adjournment.
And thereupon came also the attorney for the United States, and suggested to
the court, that although the witnesses actually summoned on behalf of the United States attended, yet he could not now proceed on the enquiry intended for the grand jury; because Davis Floyd, a witness on behalf of the United States, for whom the marshal had been sent with a subpoena to Jeffersonville, his natural residence, could not be had during the session of the Indiana legislature, now in session, of which he was a member, and that his attendance was indispensable.
It is thereupon ordered that the grand jury be discharged, &c.
(A Copy)—Atteste,
THOS. TUNSTALL, C. K. D. C.
On this extraordinary proceeding, we are well aware, that the field of conjecture, will be travelled in every direction, by the curious reader and inquisitive politician. With ourselves, we confess, it has excited neither astonishment nor surprise, being, as we before mentioned, well informed on the subject eighteen months ago. This was the business, which we proposed to unfold under the head of Miranda's expedition. That expedition was only a very inferior part of the scheme, and Miranda himself, an inferior agent in the plan. From the steps which have been taken by the public attorney, we now deem it improper to enter into a detail of this conspiracy, being assured, that he is possessed of all the information of which we are; and that he is a much more proper instrument than the editors of a news-paper, to prevent its accomplishment.
Respecting the defeat or success of this project of col. Burr, we are, however, still dubious—we know his powers are great; his intrigues are incalculable; his confidants many, and his designs so well organized, that a spirited and prompt decision on the part of the government of the union, can alone defeat them.
Whether or not, the necessary measures will be taken by the public executive, we know not; but we are confident that such alone, will secure the peace of the western country, and the happiness of the Atlantic states.
We observed in the first number of the Western World, that unless a conspiracy of the nature of that described by the public attorney, were in agitation, that the history of the Kentucky Spanish Association would for us, have been buried in oblivion. Our principal view, in narrating it, was to illustrate the present scheme of col. Burr, and to show that the design of forming a separate and distinct government in the west, had been a continued project of twenty years standing. A number of feeble attempts have been made in the Kentucky Gazettes, to impress the public with a belief, that the conspiracy at present in agitation, was a creature of the editors of the Western World. The same idea has also been reached by several of the seville prints in the Atlantic states; but the affidavit of the public attorney, will actually prove that it was a fabrication of ours. It ought also to be observed, that the cause of col. Burr's trial for high misdemeanors not proceeding, was the absence of the most material witness, and not want of proof. Upon the return of this witness, we imagine a motion will be made by the federal attorney, for a renewal of the process.
The project of col. Burr, is doubtless of the most extensive nature, and if accomplished, will affect not only the interest of the western country, but of the known world. A revolution in the Spanish provinces of North America, will speedily, when aided by Miranda, lead to one in South America, and the whole along with the western states of the union, organised into one empire, headed by a man of the enterprise and talents of col. Burr, will present a phenomenon in the political history of the globe—perhaps only equalled by the modern empire of France.
With a certain belief of the advanced progress which is already made towards the accomplishment of this immense revolution; we cannot but view with the most melancholy sensations, the growing popularity of col. Burr in the Western Country, and particularly in Kentucky. Will it be believed by our fellow citizens in the Atlantic States, that notwithstanding the known character of Burr for intrigue, and the solemn affidavit of the federal attorney as to his machinations, that he is counted and regarded in Frankfort and Lexington more in the capacity of a supernatural being, than a wandering conspirator? But such is the infatuation which at present unhappily blinds many of our ruling and respectable men.
Be the event what it may, it shall ever be a gratifying consolation with us, that we had sufficient confidence, although seated in the midst of the enemies of this man, to found before it was too late, the token of danger to our fellow citizens. We have done our duty—the federal attorney has done his—it belongs to the public executive to discharge theirs, and save their country from the impending destruction.
The concluding number of the Kentucky Spanish Association, we shall give next week; and the detail of Blount's Conspiracy, as being matter not immediately interesting, we shall defer until the rise of the Kentucky legislature.
Western World
NOTICE.
I HEREBY forward all persons from hunting or otherwise trespassing on my land, being determined to prosecute the offenders.
WM. TURPIN.
Bedford, Dec. 25, 1806.
The Star.
Lynchburg.
Thursday, December 25.
Ten petitions for Divorce have been presented to the present Legislature of N. Carolina—As yet we have observed but three only of this nature to our own Legislature.
Mind this ye idle, rusty old fellows of Virginia. It will be your turn next—In the House of Delegates of Maryland leave was given to bring in a bill entitled "An Act to tax bachelors and bank Stock" for the education of poor children in the several counties of the state.—Ayes 37—Nays 21.
Dr. John H. Foushee is elected to the General Assembly, in room of Lewis Harvie appointed a member of the Executive Council.
The following has been obligingly forwarded to us by William A. Burwell, Esq.
A Bill.
To suspend the operation of an act, intitled "An act to prohibit the importation of certain goods, wares and merchandise," and to remit the penalties incurred under the same.
Sec. 1. BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the operation of the act, passed on the 18th day of April last, intitled "An act to prohibit the importation of certain goods, wares and merchandise," be, and the same hereby is suspended until the first day of July next.
Sec. 2. And be it further enacted, That all penalties, fines and forfeitures, which may have been incurred by virtue of the provisions of the aforesaid act, be, and the same hereby are, respectively, remitted. This act shall take effect from and after the passing thereof.
The further suspension of the foregoing Bill until the 31st of December next, at the discretion of the President, should the public interest require it, is recommended by the Senate.
Senate
OF THE UNITED STATES.
Thursday, December 4, 1806.
Mr. Mitchell made a motion in the following words.
Resolved, That so much of the Message of the President of the United States to both Houses of Congress, on the 2nd December as relates to the fortification and defence of our sea-ports, harbors and waters, be referred to a select committee, with leave to report by bill or otherwise.
Mr. Mitchell, Also made a motion as follows:
Resolved, That so much of the President's Message as relates to the binding to observance of the peace and of good behavior, such persons as meditate enterprise against the territories of nations in amity with the United States, be referred to a select committee, with leave to report by bill or otherwise.
Mr. Tracy offered the following resolution:
Resolved, That the President of the United States be and he is hereby requested to cause to be laid before the Senate, such information, documents, papers, and correspondence, as may be in his power, and which he may think proper to communicate, respecting the subject of his message of the third of December last, in which a suspension of the non-importation act, is recommended.
Ordered to lie on the table.
A School.
ON the first Monday in January next (1807) the Subscriber will open a School, in that airy and retired house, opposite Brown's newly enclosed Lot, on Lynchburg Hill—where will be taught Reading, Writing, Arithmetic, English Grammar, &c. &c. The utmost attention will be paid to the morals, as well as to the education of his pupils.—The situation is high and healthy, and there is good water convenient—considerations of the utmost importance for the successful management of an institution of this nature.
The School on the present establishment will be continued ELEVEN months, at fifteen dollars the scholar, to be paid quarterly.—The first quarter's quota to be paid in advance.
Two or three boarders will be received, on reasonable terms, to whose education special regard shall be paid.
THOMAS L. CLAYTON.
21st Dec. 1806.
4w.
To be Rented or Leased.
FOR one or three years, and immediate possession given, that the TAVERN at Campello occupied at present by the subscriber, being situated in the Court House, be leased to the person who will be the best qualified for the reception of company.—It is extensive stables, having a pleasant water horses—The Well of excellent water in the yard—a good kitchen and garden attached thereto, are a convenience as supercede the necessity any other description—Several beds, and a variety of household and kitchen furniture, may be purchased of the subscriber. For terms apply to Anne Elizabeth Ramsey, 24th Dec. 1806.
Negroes for Sale.
WILL be sold to the highest bidder, for ready money, on Saturday the third day of January next, at the plantation of the late Charles D. Jones, TWELVE VALUABLE NEGROES, consisting of men, women, and children—among which are two experienced Watermen, and a valuable house or body servant, who has been raised to that business. Such as have claims against the estate will be pleased to bring them forward legally authenticated.
Jesse Anderson, Adm.
For
Charles D. Jones, dec.
Bedford, Dec. 20, 1806.
Advertisement.
BY Virtue of two Deeds of Trust executed to us by Joseph Blankenship of Bedford county, one bearing date the 10th and the other the 11th of September, 1805, to secure the payment of two sums of money due to Thomas Wyatt, one by open account, amounting to Twenty-Eight Pounds nine shillings, with legal interest thereon from the 10th day of May, 1805—and one other sum of Fifty-Two Pounds nineteen shillings and nine pence, with legal interest thereon from the 31st of August, 1805—Also one other sum of money due to Taliaferro Stewart & Co. of Thirty-Five Pounds six shillings and two pence, with interest thereon from the 28th day of February, 1805—all of which sums by reference to said deeds will more fully appear.—Will be sold on the premises, for Ready Money, on Monday, the 9th of February next, viz. A tract of LAND, containing by estimation, one hundred and fifty Acres, lying in the county of Bedford, whereon the said Blankenship resides, and being part of a larger tract supposed to contain two hundred acres—about fifty acres whereof has been previously aliened to a certain Thomas Wilson as by reference to said deed will more fully appear.
Also the following personal property, viz. Three Sows and Pigs, and Seven head of Sheep, conveyed by said Blankenship to us in said deeds for the purposes aforesaid, as by said deeds will more fully appear, and to which reference is hereunto made—or so much of the said property as will be sufficient to discharge the aforesaid debts with all the costs attending the same.
JOHN H. TRENT. } Trustees JAMES BULLOCK. } December 23, 1806. 6w
GOUTY.
Lately imported by Brown & River
WILL stand the ensuing season at my stable in Amherst County, five miles from New Glasgow—the terms, his pedigree, and performances will be made known in due time—suffice it for the present to say, that he is as high a bred horse as ever was imported from Great Britain or any other country, and that his size form and figure are greatly recommended.
ROBERT RIVERS
Dec. 20, 1806
Advertisement.
BY Virtue of a Deed executed to me by Thorp, to secure the payment of a certain sum of money thereon, will be sold to the highest bidder for cash at Otter Mills, Ford County, on Tuesday the 6th day of January next, a Negro named Gracey, to satisfy the due due in the said Deed, with the interest and all charges.
SAMUEL READ,
Dec. 20th 1806.

Miscellany.
FROM THE ENQUIRER.
CATHERINE OGHEE.
Where sleeps the willow o'er the stream, Tay-liv'ry stream, Oh Lucan; And Agis as autumn's evening breeze, Blows cold upon thy bosom; Beneath thy verdant bank inlaid, With wild flowers' sweetest nosegay; The sweetest flower of all the vale, There sleeps my Catherine Oghee.
How oft, alas! at evening star, We mark'd thy clear face dimple; How oft beneath the moon's bright beams We mark'd thy waters wrinkle; And whilst her bosom's dazzling snow My glowing cheek did pillow; Ah! what could match thy joys beneath The hoar leaf weeping willow.
I drank the music of her tongue, Inhail'd her balmy kisses; I hung around her ivory neck, Diffus'd in chastest blushes; But who is me! that beam of love, The valley's sweetest nosegay; Now sleeps beneath thy primrose bank, My angel Catherine Oghee.
Accurst the fiend, whose ruffian hand, Did tear that beauteous bosom; Remorse with Scorpion's stinging carapace, And ranker in his bosom. For me remains the mournful joy, With wild flowers' sweetest nosegay; When twilight comes, to deck the grave Where sleeps my Catherine Oghee.
And where young Spring, the sprouting Shall stir with amber showers; [Lawn I'll seek the spot at early dawn, And plant the sweetest flowers. And when they hang their pendulous heads, Beneath the sultry sun's ray; My tears shall make them bloom again, Their sweets for Catherine Oghee.
Yesterday an ancient Briton named Griffith, was brought before the chief magistrate, charged with an assault and battery upon the person of a German philosopher, who is also a dealer in cheese, four-crot, smoked sausages, and other savory viands, of which assault and battery the complainant exhibited the sad marks, in a pair of black eyes, and a contumacious covered with the masterly strokes of an adept in pugilism.
The German stated that he was in a public house on Wednesday night, in company with a number of persons, of whom Griffith was one, and that having had some warm disputes with a lawyer who was not at present forth-coming, the contest was sometime ended when the lawyer, after mature deliberation, stood up and struck him with his fist on the eye; and that immediately afterwards, the rest of the company, among whom was Griffith, entered into a very liberal subscription of the same kind of compliments, attacked him in massa , and beat him unmercifully. The lawyer ran away, and the rest of the company followed his example in this also; and the only one of whom he had yet been able to obtain custody was Griffith.
W. Griffith, in his defence, gave quite a different version of the story, and from his statement it appeared that the lawyer, who it seemed was also a philosopher, though of a different school, was very warmly engaged in an astronomical discussion with the German, touching the order of the system in which our earth is placed. The German obstinately maintaining the doctrine of Tycho Brache, that our earth is stationary, and that the sun and planets move round it, as a centre; while the lawyer who is a disciple and champion of the Copernican school, maintained the doctrine of Newton and the moderns. Much gin and bear were exhausted in the dispute, and much of learning and eloquence lavished on both sides. The contest became too hot to be sustained by words, and the parties unable to bring each other to reason by dint of argument, resorted at last, to the ultima ratio regum . The lawyer told the German that if he would promise not to take the law of him, he would knock him down. The German sensible of this kindness, acceded to the proposal, which was immediately ratified under the sign manual of the lawyer upon the belt eye of the German, who counter-signed in his turn upon the nose his antagonist. War being thus commenced, according to the law of arms as laid down by Grotius, the battle waxed hot and the lawyer though the smaller proving the better man, and too much for his antagonist in pugilistical logic, Griffith as a mediator stepped in to negotiate for peace, if possible; and in endeavouring to separate the parties oculus of mutual attraction , the zed a pewter pot , and with it demonstrated upon the head Griffith, a problem on the collision of bodies. Griffith dismissed the charge as fish, and told the complainant the lawyer as the proper prosecution.
Lon. Pap.
a late London Paper.
VS & BONAPARTE
of a Hebrew letter from A. I. dated Paris, Sept. 23, according to S. P. London. th me, my dear brother, in
that deliverance, which after a lapse of so many ages, is at length wrought out for us. The bondage of Israel is terminated; the shackles are burst asunder. A mighty deliverer hath appeared in splendour, and stretched forth a powerful arm to minister to our glory! The great Emperor and King, a chosen scion of the stock of Israel hath planned our restoration to the land of our fathers. You have doubtless heard the glad tidings! But few, except the faithful, knew that our august Emperor and King was of the Royal Seed of David. This our glorious Prince, who despiseth all forms, and lettest at naught all human rules of action, hath now permitted us to publish, and proclaim to the Gentiles; and declare his genealogy, which is as follows; From David to Napol, he reckons nine generations—from Napol to Joseph, 17—from Joseph to Jerome 23—from Jerome to Lazar 6—and from Lazar to Napol, who was distinguished in our holy tongue by the holy cabalistic epithet of Ben-ab-bar , e. i. the Son of the Father of the Mountain, in allusion to Sion . Now it came to pass that Napol Benabbar, after the dispersion of our nation, went and sojourned in one of the Isles of the Gentiles , where, in compliance with the prejudices of the inhabitants and to conceal his Royal descent, he Italiansed Benabbar into Bonaparte .
From him is our Emperor and King descended, of this, doth he now make his boast, and called us together, to prove his high descent, and restore Sion . And he has also vouchsafed to inform us at the great Talleyrand is no less a personage than the Sage Ahitophel resuscitated, to regulate the world by his counsels; who hath in his turn, made known unto us, that the Emperor and King, with his whole court, will in grand gala, in presence of the Empress, and Queen, and all the Princesses of his august house, submit to the operation enjoined by our holy law! And moreover he hath commanded the Pope and Cardinals in full conclave together with all the Kings of his creation to submit to a circumcision , which will secure to us a complete triumph over the uncircumcised!
Lunenburg county, Nov. 10.
THE subscriber thinks proper to give notice, he has resumed the practice of the Law , and purposes regular attendance in the Court of Appeals, the Federal Court, and the High Court of Chancery holden in the city of Richmond, (to which place he is now preparing to remove his residence.) Due attention will be paid to such business as may be committed to his care.
WILLIAM COWAN, B.W.
TO satisfy a decree of the Federal District Court, Hogdon & Tate vs. the estate of Edward Carter, dec'd. also a judgement of Backhouse vs. the same, and two decrees of the Court of Chancery, Francis Brooke and Polly his wife, and Ann Williams Carter, vs. the same—I shall offer for sale at Milton in Albermarle on the first day of January 1807. One hundred and fifty
NEGROES;
among those Negroes there are ten carpenters and a black smith, the residue consists of likely fellows with their families.—A certain proportion of the above Negroes, will be offered for cash, and a part of them on a reasonable credit—those Negroes will be sold subject to the life Estate of Mrs. Sally Carter.
CHARLES CARTER, Ex'r. December 10th—1806.
P. S. Mrs. Carter's agent will attend at the time and place aforesaid for the purpose of hiring out the said Slaves for the ensuing year. C. C.
VIRGINIA, to wit. At a Court held for Franklin County, November 3d, 1806.
Samuel Irvine, Compt. George Rives, Burwell Rives, and William A. Burwell, Defs. IN Chancery.
THE defendant George Rives 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 Commonwealth, on the motion of the complainant by his counsel, it is ordered that the said defendant do appear here on the first Monday in March next, and answer the complainant's bill; and that a copy of this order be forthwith inserted in some newspaper published in this state for eight weeks successively, and pulled up at the front door of the Court-house of this county.
A Copy—Teste, CALEB TATE, D. C. FOR JAMES CALLAWAY, C. F. C. B.W.
LAND FOR SALE.
500 Acres in Kentucky, On Hudson's fork of Licking, in Bourbon county, lying, from Lexington eleven, from Paris nine, and from Winchester ten miles, all flourishing towns, and each at a Court House; the whole of this Land is of the first quality, and has about Fifty or Sixty Acres Cleared, with considerable improvements, ORCHARDS, &c. Also a fine CAVE, which will answer every purpose of a Dry Well, for saving fresh Meats, &c. in summer; situated quite convenient to a beautiful eminence for to build on; and the Title undoubted—At the reduced price of Six DOLLARS Cash, per Acre, if paid by January 1807.
1200 Acres on both sides Of the Rolling fork of Salt River, in Washington County. One Third Low Ground, the remainder Second and Third rate high Land, with Three PLANTATIONS on it, and some good improvements; is excellent for Stock of all kinds, being contiguous to the knobs, which afford an extensive and a lasting range; and it includes that part of the Jump Lick on which good SALT has been made, and which serves for Stock instead of giving them Salt, and will be sold very low for Cash as above.
400 Acres on Grealy Creek, in Montgomery County, Virginia; a considerable part of which is good Flat Land, affording plenty of fine MEADOW GROUND, a good MILL SEAT, and an excellent Range for Stock of all kinds—Very low for Cash, as above.
138 Acres in Patrick County, on Widgeon Creek, settled by M'Bride and improved by him, where he has lived many years.—Price not exceeding THREE DOLLARS.
300 Acres in Bedford County, adjoining Randolph's old Order line on Stanton River, near Mr. Mark Anthony's—At TWENTY SHILLINGS per Acre.
1400 Acres in Campbell County, on Otter River, and on both sides of Flat Creek, including the Seat whereon the subscriber now lives, (which is a beautiful one, situated in the fork, and commanding a delightful prospect of both streams, and of one hundred acres of Low Grounds, there being upwards of two on the tract.) There are several PLANTATIONS on this Tract, sufficient to work Twenty Hands to advantage; Dwelling Houses Orchards of Apple, Peach, &c. A MILL SEAT viewed by order of Court, and free privilege of building; in a good neighbourhood, and plenty of water for merchant's work, &c. &c. and this land affords plenty of fine Meadow Ground and Lime Stone—is distant from Lynchburg eighteen, from New-London eight, and from Campbell Court-house ten miles, and is generally acknowledged, on account of soil, situation and convenience, to be equal to any in this part of the country; and will bare dividing into Four good Seats, with a good Plantation on each; on each is proper land for ORCHARDS, of the right height to avoid killing Frosts; and on which is an ORCHARD of Apple and Peach Trees that has not failed of Fruit for upwards of thirty years last past—This Tract altogether may be bought at TWELVE DOLLARS per Acre, to be paid in Four equal half yearly payments, commencing on the first day of January, 1807, &c. at which time possession will be given, and a sufficient Title will be made, on giving Bonds with satisfactory Security, bearing Interest from the date it is not punctually paid.
502 Acres, (part of the Above) called Arthur's old Tract, a large PLANTATION, Dwelling House Overseer's House, some Fruit Trees, and the soil is well known to be equal to any in this part of the country for Tobacco, Cotton, and all sorts of Grain; is well watered, some good Meadow ground, and a plenty of Lime-Stone on it—At SEVEN DOLLARS per Acre, payable on the first of January 1807.
About 20,000 Acres lying in Franklin, Patrick and Botetourt Counties, including several Surveys; one of which (being large) may be divided into Large or Small tracts, so as to accommodate the purchasers—The price will be from ONE SHILLING to FOUR DOLLARS per Acre, according to the Quality and Quantity acres.
Cash, Tobacco at the market price or principal Merchant's Acceptances either at Lynchburg, Richmond, or Manchester, will be received in payment for the above.
JOHN CALLAWAY. October 27th, 1806. T.F.
Hats for Sale BY CATLIN & MAYO.
THE above FIRM takes this method of informing the citizens of Lynchburg, and the public in general, that they have a large quantity of RORUM HATS, which they will sell at wholesale or retail, for cash very low, at their Manufactory, in the tenement formerly occupied by Mr. Samuel Schoellfield, as a Shoe-Maker's Shop, directly opposite Mr. Higginbotham's Store. They flatter themselves that the quality of their hats, and their punctilious attendance to those who may become customers, will obtain them general patronage.
Lynchburg, Dec. 22, 1806. tf
NOTICE.
THOSE who gave their bonds to the subscriber (as administrator of Philip Burton, dec'd.) are requested to meet at Mr. Charles Hoyle's Tavern in Lynchburg on the 25th instant, in order to settle and take them in.
NELSON C. DAWSON. December 8th—1806. 3w
THE Planter's and Farmer's ALMANACK For the year 1807,
IS now published and for sale, by Retail or otherwise, at the Star-Office.
FOR SALE at the Star-Office Sketches of the History of France
FROM THE EARLIEST HISTORICAL ACCOUNTS To the present time.....1806: With some remarks concerning the Life and Achievements of the celebrated NAPOLEON BONAPARTE, now Emperor of France. [By an American.]
Twenty Dollars Reward.
RANAWAY from the subscriber in Fincastle, Botetourt county, on Thursday night last, two negroes—a Negro man named Joseph Jones, of rather light complexion, about six feet high, frail and slender made, the bridge of his nose rather high, speech rather difficult and slow, frequently ties his hair not exceeding three or four inches in length, remarkable marks or characters on one of his arms The cloths it is expected he carried away with him, are a blue short coat, one pair of blue pantaloon, two pair of corded ditto, three waistcoats, a swandown, James and Homespun—one pair of ribbed socks, blue and white, one pair of boots and shoes, with a small pistol—remarkably fond of playing on the violin. Doctor Charles Lewis brought him from Philadelphia last winter and sold him in July last.
Jane a mulatto woman, about twenty years of age, five feet high, bushy hair, with a dark penetrating eye, lately purchased out of the estate of Gen. John Bowyer, dec'd. of Rockbridge county.—Had on and took with her a brown linsey habit, a striped cotton ditto, and an old yellow grounded calico gown.
Any person taking up said negroes or securing them in jail so that we get them again, shall receive the above reward. If brought home all reasonable expences will be paid.
BENNETT W. MOSELEY. JAMES LOCKART. Nov. 28, 1806. 4w.
NEGROES & LAND For Sale,
ON the first day of January next, will be exposed to sale Eighteen or Twenty likely Virginia born Slaves, consisting of Men, Women and Children—And Ten or Twelve valuable Slaves hired for the next year—At the same time will be sold several Horses, an almost new set of Blacksmith's tools and sundry articles of Household Furniture—Also one tract of Land in the county of Bedford, on Big Otter river, now in the occupancy of Mrs. Vannerfon, containing three hundred and twenty acres.—Also a House and Lot in the town of New-London, in the tenancy of John Teaze.
The sale will take place at my Smith's shop near my dwelling house—The terms of sale will be, for some of the Negroes, one third Cash, one third at six months, and one third at twelve months—The Land and New-London Tenement must be paid for in three equal annual instalments—And for the balance of the Negroes sold and hired, and the other Articles, a credit of twelve months will be given—and the servants returned will be clothed at the end of the year.—And in all cases of credit, bond and approved security will be required, to carry interest from the date if not punctually discharged.
CHRISTOPHER CLARK, Executor of ANDREW DONALD, dec. Nov. 24th, 1806. eds.
AMHERST May Court, 1806.
Thomas Johnson Plf. vs. John Lynch, jr. An-slem Lynch, John Lynch fr. Charles L. Terrell, and Sarah his wife, Samuel Mitchell, fr. Samuel Mitchell, jr. Charles Mitchell, and Edward Mitchell, and Charles Lynch, jr. Defs. In Chancery
THIS day came the Plaintiff by his attorney, and the Defs. Samuel Mitchell fr. Samuel Mitchell jr. Charles Mitchell and Edward Mitchell still failing to file their answers, it is considered by the Court that the bill of the complainant as to them be taken as confessed and the matter and equity thereof decreed accordingly, unless the said defs file their answers at or before August Court next.
A Copy—Teste, Wm. S. Crawford C. A. C. B.W.
Literary.
"Diversions of Purley"—This work forms a new era in philosophy. It is the production of the celebrated John Horne Tooke, and is stamped with all the marks of his strong and active mind. He points out, in the course of it, and corrects the errors of men, whose eruditions had sanctioned those errors, and whose character for dry research had made them in some measure the arbiters of language. He traces those errors to their source, and by arguments simple but irresistible, he extorts the most perfect and implicit assent to his own doctrines. It is a work, which should be read and studied by every one, who aspires to a pure and perspicuous style, and who wishes to be thoroughly acquainted with the meaning and nature of those hitherto puzzling but necessary parts of our language which grammarians have been content to name without explaining.
The first American edition of this work will be comprised in two volumes, large octavo, the first of these has just been published, the second will be ready for delivery within a month.
Subscriptions will be received until the second volume shall be ready for publication, and no longer—at two dollars and fifty cents each volume, in boards; payable on delivery.
Book sellers may obtain any number of the work, bound or in sheets, on the usual terms, on application to the publisher, Wm. DUANE. 106 Market street, Philadelphia.