Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1805-03-08 00:00:00

Ms. A. 9. 2. 17
Berkeley and Jefferson Intelligencer.
[No. 42 of VOLUME VI.]
FRIDAY, March 8, 1805.
[WHOLE No. 302.]
To SUBSCRIBERS.
It is a very unpleasant task to be obliged so frequently to call on those in arrears for this paper, to make payment. Some have listened to my last request, and have paid off their accounts—to such I tender my grateful acknowledgments. There are many, however, who have not, but I hope it is from no other motive than the want of an opportunity of forwarding their money to Martinsburg; this difficulty may be obviated by lodging what may be due with any of the gentlemen to whose care the Intelligencer is entrusted.
I would again beg leave to inform such as are indebted to me, that I have a considerable sum to pay by the 1st of April next, which I cannot do without their assistance: I would also again call to their recollection the heavy expenses attending the issuing of a newspaper, in doing which, every article used, must be paid for in cash. When they are thus reminded, and reflect that every subscriber who does not pay with punctuality, throws an embarrassment upon the establishment, they will, I flatter myself, immediately forward me the sum due. That no one may plead as an apology for his neglect, that he does not know the amount of his bill, it may be proper to mention, that he who has never made a payment, can ascertain how long he has received the paper; that he who has, can by recurring to his last receipt, discover the date; and that by examining the terms of subscription published in the paper, will have no difficulty in calculating the amount due.
It is not believed, nor do I mean to insinuate, that those who neglect their payments, intend to wrong the office, but it is certain that the neglect, whether owing to inattention or forgetfulness, subjects me to difficulties, that I should otherwise be clear of.
There is a very considerable amount due me from advertising customers.—These above all others, should be punctual; as there are few printers but what are paid before publications of this kind are inserted, and I think I can venture to assert, that no printer in the United States, before myself, made a reduction in the price of advertisements in favour of subscribers.
NOTICE.
BY virtue of a deed of trust, to us executed by Matthew Whiting, we shall proceed to sell at public auction, at the Mansion house of the late William Henshaw, deceased, on the 28th day of March next, for cash, one Negro boy named Prince, the property of the said Whiting. Due attendance will be given by
ADAM S. HENSHAW, WASHINGTON HENSHAW. Berkeley County, January 18, 1805.
More Fresh Goods.
The subscriber begs leave to inform his friends and the public generally, that he has just received, and is now opening, a very handsome assortment of
GOODS.
Suitable for the present and approaching season, which, in addition to the Stock purchased from the late firm of Smith & Co. makes his assortment complete—which he is determined to sell unusually low for Cash.
THOMAS C. SMITH. Martinsburg, February 22, 1805.
FLOUR
WILL be carried from the mouth of Opeckon to George-Town or Alexandria, by water, for one dollar per barrel, and delivered in as good order as it is received in, by
JAMES FORNAN. February 22, 1805.
WE are authorised to inform the Freeholders of Berkeley County, that GEORGE PORTERFIELD, Esq. and PHILIP C. PENDLETON, Esq. will be Candidates at the next election of Representatives for this County in the State Legislature.
We are authorised to inform the Citizens of Berkeley, Jefferson and Hampshire Counties, that Maj. JAMES STEPHENSON has consented at the request of a number of his friends, to be a candidate at the ensuing Election for a Representative for this District in the next Congress of the United States.
To the Citizens of Jefferson, Berkeley and Hampshire Counties.
I HAVE consented, at the request of a number of my friends, to become a candidate at the ensuing election for a representative for this district in the Congress of the United States; and now solicit your patronage. It has hitherto been so much the custom to travel through the district, to solicit votes, that for me to omit that part of the business, might probably give occasion of offence to some—I will therefore devote as much time as can be spared for that purpose; flattering myself at the same time, that those gentlemen whom I cannot visit previous to the election, will not impute it to any want of respect for them, more than others; but to the want of sufficient time to make such a tour. As I would rather lose my election, than gain it by any unfair means; my opponent and his friends may rest assured, that no ungentlemanly or improper conduct on my part, will be resorted to, for the purpose of obtaining success; and I flatter myself, that I shall be treated with the delicacy which I am determined to exercise towards my competitor.
I am fellow Citizens, with due respect, your obedient servant, JOHN MORROW.
Shepherd's-Town, } February 12, 1805. }
Dr. J. P. Harris,
ONCE more requests all who are indebted to him, to come in immediately and settle their accounts, either by paying them off, or by giving their notes for what may be due.—Being much pressed for money himself, he hopes this request will be deemed reasonable and speedily complied with.—His affairs are in such a train, that no longer indulgence can possibly be given. February 22, 1805.
BY virtue of a decree issued from the District Chancery Court holden at Staunton, in the case of William Hodgson against James M'Donald, will be offered at public sale on Saturday the sixth day of April next, at two o'clock in the afternoon, on the premises, for ready money, half a Lot of GROUND, lying on King's-street, in the town of Martinsburg, whereon are standing several useful improvements, a good looking two story STONE DWELLING HOUSE, containing six rooms, with some pains bestowed on their inside work, with a cellar under the whole, a Kitchen and other common appendant buildings, with a well on the premises, though it probably does not afford water at all seasons of the year, yet it is useful for the preservation of fresh provisions. This property is perhaps best known by the name of Duncan's stone house.
ELISHA BOYD, MATTHEW RANSONE, EPHRAIM GAITHER, Commissioners.
February 22, 1805.
TO BE LET,
For one year, or a term of years, That eligible stand for a TAVERN, SITUATE in the Main Street, Martinsburg, which has for a great number of years been occupied as such, by David Wolgamott, deceased, and his Widow, and now in the occupancy of Mr. Jarvis Jeffries.—This property consists of a commodious Dwelling House two stories high, a Well of excellent Water at the door, a good and convenient Kitchen, Stable, Granary, Sheds, good Garden, &c.—Also to be let, the House next it on the same lot, two stories high, with a good cellar under it and a good Garden, conveniently situated, and well calculated for a store or private family. Possession may be had the 1st of April next.
JACOB P. HARRIS, Guardian for the Children of Susannah Wolgamott, dec. February 22, 1805.
Public Sale.
WILL be offered at public vendue, on Thursday the 21st of March next, at the late Dwelling house of Andrew Yates, dec'd, on Back Creek, one mile and a half from Lowry's mill, a quantity of Wheat and Corn by the bushel, and probably some Hay by the ton, Wheat and Rye in the ground, a number of young Apple trees, Cyder Mill and Cyder Barrels, Sheep, Geese, and a variety of Household and Kitchen Furniture, with other articles. The sale to commence at nine o'clock, where the terms will be made known, and due attendance given by
WILLIAM LOWRY, Executor. February 22, 1805.
N. B. IF not sold at private sale, previous to the 21st of March, will then be offered at public vendue, the late dwelling Plantation of Andrew Yates, dec'd; if not then sold it will be rented and possession given the 1st of April. This Land, for conveniencies and raising of produce, is scarcely equalled by any in the best in the settlement. It is thought needless to give any further description of said Land, as any person wishing to purchase will view the premises. For further information apply as above. W. L.
In the Senate of the United States, SITTING AS A High Court of Impeachment, ON THE 4th day of February, A. D. 1805. The United States vs. Samuel Chase.
The Answer and Plea of Samuel Chase, one of the Associate Justices of the Supreme Court of the United States, to the articles of impeachment exhibited against him in the said Court, by the honourable the house of Representatives of the United States, in support of their impeachment against him, for high crimes and misdemeanors, supposed to have been by him committed.
THIS respondent, in his proper person, comes into the said court, and protesting that there is no high crime or misdemeanor particularly alleged in the said articles, to which he is or can be bound by law to make answer; and saving to himself now, and all times hereafter, all benefit of exception to the insufficiency of the said articles, and each of them, and to the defects therein appearing in point of law, or otherwise; and protesting also, that he ought not to be injured in any manner, by any words, or by any want of form in this his answer; he submits the following facts and observations to the said articles.
The first article relates to his supposed misconduct in the trial of John Fries, for treason, before the circuit court of the United States, at Philadelphia, in April and May, 1800; and alleges that he presided at that trial, and that "unmindful of the solemn duties of his office, and contrary to the sacred obligation by which he stood bound to discharge them, faithfully and impartially, and without
respect to persons," he did then, "in his judicial capacity, conduct himself in a manner highly arbitrary, oppressive and unjust."
This general accusation, too vague in itself for reply, is supported by three specific charges of misconduct.
1st. "In delivering an opinion in writing, on the question of law, on the construction of which, the defence of the accused materially depended;" which opinion, it is alleged, tended "to prejudice the minds of the jury against the case of the said John Fries, the prisoner, before counsel had been heard in his favour."
2d. "In restricting the council for the said John Fries, from recurring to such English authorities as they believed appropriate, or from citing certain statutes of the United States, which they deemed illustrative of the positions, upon which they intended to rest the defence of their client."
2d. "In debarring the prisoner from his constitutional privilege of addressing the jury (through his counsel) on the law, as well as on the fact, which was to determine his guilt, or innocence, and at the same time endeavouring to wrest from the jury their indisputable right to hear argument, and determine upon the question of law, as well as the question of fact, involved in the verdict which they were required to give."
The first article then concludes, that in consequence of this irregular conduct of this respondent, "the said John Fries was deprived of the right secured to him by the eighth article, amendatory of the constitution; and was condemned to death, without having been heard, by counsel, in his defence."
By the eighth article amendatory of the constitution, this respondent supposes is meant the sixth amendment of the constitution of the United States; which secures to the accused, in all criminal prosecutions, the right to have the assistance of counsel for his defence.
In answer to these three charges, the respondent admits that the circuit court of the United States, for the district of Pennsylvania, was held at Philadelphia, in that district, in the months of April and May, in the year of our Lord, one thousand eight hundred: at which court, John Fries, the person named in the said first article, was brought to trial on an indictment for treason against the United States; and that this respondent then held a commission, as one of the associate justices of the supreme court of the United States; by virtue of which office, he did pursuant to the laws of the United States, preside at the above mentioned trial, and was assisted therein by Richard Peters, Esq. then, and still district judge of the United States, for the district of Pennsylvania; who as directed by the laws of the United States, sat as assistant judge at the said trial.
With respect to the opinion which is alleged to have been delivered by this respondent, at the above mentioned trial, he begs leave to lay before this honourable court the true state of that transaction, and to call its attention to some facts and considerations, by which his conduct on that subject will, he presumes, be fully justified.
The constitution of the United States, in the third section of the third article, declares that "treason against the United States, shall consist only in levying war against them or adhering to their enemies, giving them aid and comfort."
By two acts of congress, the first passed on the third day of March, 1791, and the second on the eighth day of May, 1792, a duty was imposed on spirits distilled within the United States, and on stills; and various provisions were made for its collection.
In the year 1794, an insurrection took place in four of the western counties of Pennsylvania, with a view of resisting, and preventing by force the execution of these two statutes; and as a circuit court of the United States, held at Philadelphia, for the district of Pennsylvania, in the month of April, in the year 1795, by William Patterson, Esq. then one of the associate justices of the supreme court of the United States, and the above mentioned Richard Peters, then district judge of the United States, for the district of Pennsylvania, two persons had been concerned in the above named in-

urrection, namely, Philip Vigol and John Mitchell, were indicted for treason, of levying war against the United States, by resisting and preventing by force the execution of the two last mentioned acts of congress; and were, after a full and solemn trial, convicted on the indictments and sentenced to death. They were afterwards pardoned by George Washington, then president of the United States.
In the first of these trials, that of Vigol, the defence of the prisoner was conducted by very able council, one of whom, William Lewis, Esq. is the same person who appeared as council for John Fries, in the trial now under consideration. Neither that learned gentleman, nor his able colleague, then thought proper to raise the question of law, "whether resisting and preventing by armed force, the executing of a particular law of the United States, be a "levying war against the United States," according to the true meaning of the constitution? although a decision of this question in the negative, must have acquitted the prisoner. But in the next trial, that of Mitchell, this question was raised on the part of the prisoner, and was very fully and ably discussed by his counsel; and it was solemnly determined by the court, both the judges concurring, "that to resist or prevent by armed force, the execution of a particular law of the United States, is a levying war against the United States, and consequently is treason, within the true meaning of the constitution." The decision according to the best established principles of our jurisprudence, became a precedent for all courts of equal and inferior jurisdiction; a precedent which, although not absolutely obligatory, ought to be viewed with very great respect, especially by the court in which it was made, and ought never to be departed from, but on the fullest and clearest conviction of its incorrectness.
On the 9th of July, 1798, an act of congress was passed, providing for a valuation of lands and dwelling houses, and an enumeration of slaves throughout the United States; and directing the appointment of commissioners and assessors for carrying it into execution: And on the fourth day of July, in the same year, a direct tax was laid by another act of congress of that date, on the lands, dwelling houses, and slaves, to be valued and enumerated.
In the months of February and March, A. D. 1799, an insurrection took place in the counties of Bucks and Northampton, in the state of Pennsylvania, for the purpose of resisting and preventing by force the execution of the two last mentioned acts of congress, and particularly that for the valuation of lands and dwelling houses. John Fries, the person mentioned in the article of impeachment now under consideration, was apprehended and committed to prison, as one of the ringleaders of this insurrection; and at a circuit court of the United States, held at Philadelphia, in and for the district of Pennsylvania, in the month of April, A. D. 1799, he was brought to trial for this offence, on an indictment for treason, by levying war against the United States, before James Iredell, Esq. then one of the associate justices of the supreme court of the United States, who presided in the same circuit, according to law, and the abovementioned Richard Peters, then district judge of the United States for the state of Pennsylvania, who sat in the said circuit court as assistant judge.
In this trial, which was conducted with great solemnity, and occupied nine days, the prisoner was assisted by William Lewis and Alexander James Dallas, Esqrs. two very able and eminent counsellors; the former of whom William Lewis, is the person who assisted as abovementioned in conducting the defence of Vigol, on a similar indictment. These gentlemen, finding that the facts alleged were fully and undeniably proved, by a very minute and elaborate examination of witnesses, thought proper to rest the case of the prisoner, on the question of law which had been determined in the cases of Vigol and Mitchell abovementioned, and had then been acquiesced in, but which they thought proper again to raise. They contended, "that to resist by force of arms a peculiar law of the United States, does not amount to levying war against the United States, within the true meaning of the constitution, and therefore is not treason , but a riot ." This question they argued at great length, and with all the force of their learning and genius; and after a full discussion at the bar, and the most mature deliberation by the court, the learned and excellent judge who then presided, and who was no less distin-
guished by his humanity and tenderness towards persons tried before him, than by his extensive knowledge and great talents as a lawyer, pronounced the opinion of himself and his colleague, "that to resist or prevent by force, the execution of a particular law of the United States, does amount to levying war against them, within the true meaning of the constitution, and does therefore constitute the crime of treason;" thereby adding the weight of another and more solemn decision, to the precedent which has been established in the abovementioned cases of Vigol and Mitchell.
Under this opinion of the court on the question of law, the jury, having no doubt as to the facts, found the said John Fries guilty of treason, on the abovementioned indictment. But a new trial was granted by the court, not by reason of any doubt as to the correctness of the decision on the question of law, but solely on the ground, as this respondent hath understood and believes, that one of the jurors of the petit jury, after he was summoned, but before he was sworn on the trial had made some declarations unfavourable to the prisoner.
The yellow fever having appeared in Philadelphia in the summer of the year 1799, the abovementioned Richard Peters, then district judge of the United States for the district of Pennsylvania, did according to law appoint the next circuit court of that district, to be held at Norris Town therein. Pursuant to which appointment, a circuit court was held at Norris Town aforesaid, in and for the said district, on the 11th day of October in the last mentioned year, before Bushrod Washington, Esq. then one of the associate justices of the supreme court of the United States, and the abovementioned Richard Peters; at which court no proceedings were had on the aforesaid indictment against John Fries, because as this respondent hath been informed and believes, the commission of the marshal of the said district had expired before he had summoned the jurors to attend at the said court, and had not been renewed; by reason of which no legal pannel of jurors could be formed.
On the 11th day of April, A. D. 1800, and from that day until the 2d day of May, in the same year, a circuit court of the United States was held at Philadelphia, in and for the district of Pennsylvania, before this respondent, then one of the associate justices of the supreme court of the United States, and the abovementioned Richard Peters, then district judge of the United States for the district of Pennsylvania. At this court, the indictment on which the said John Fries had been convicted as abovementioned was quashed ex officio by William Rawle, Esq. then attorney for the United States for the district of Pennsylvania, and a new indictment was by him preferred against the said John Fries, for treason of levying war against the United States, by resisting and preventing by force, in the manner above set forth, the execution of the abovementioned acts of congress, for the valuation of lands and dwelling houses and the enumeration of slaves, and for levying and collecting a direct tax. This indictment of which a true copy, marked exhibit No. 1, is herewith exhibited by this respondent, who prays that it may be taken as part of this his answer, being found by the grand jury on the 16th day of April, the said John Fries was on the same day arraigned thereon, and plead not guilty. William Lewis and Alexander James Dallas, Esqrs. the same persons who had conducted his defence at his former trial, were again at his request assigned by the court as his counsel; and his trial was appointed to be had, on Tuesday the 22d day of the last mentioned month of April.
After this indictment was found by the grand jury, this respondent considered it with great care and deliberation, and finding, from three overt acts of treason which it charged, that the question of law arising upon it, was the same question which had already been decided twice in the same court on solemn arguments and deliberations, and once in that very case, he considered the law as settled by those decisions, with the correctness of which on full consideration he was entirely satisfied; and by the authority of which he should have deemed himself bound, even had he regarded the question as doubtful in itself. They are moreover in perfect conformity with the uniform tenor of decisions in the courts of England and Great Britain, from the revolution, of 1688, to the present time, which, in his opinion, added greatly to their weight and authority.
And surely he need not urge to this honourable court, the correctness, the im-
portance, and the absolute necessity of adhering to principles of law once established, and of considering the law as finally settled, after repeated and solemn decisions by courts of competent jurisdiction. A contrary principle would unsettle the basis of our whole system of jurisprudence, hitherto our safeguard and our boast; would reduce the law of the land, and subject the rights of the citizen, to the arbitrary will, the passions, or the caprice of the judge in each particular case; and would substitute the varying opinions of various men, instead of that fixed, permanent rule, in which the very essence of law consists. If this respondent erred in regarding this point as settled, by the repeated and solemn adjudications of his predecessors, in the same court and in the same case; if he erred in supposing, that a principle established by two solemn decisions was obligatory upon him, sitting in the same court where those decisions had been made; if he erred in believing that it would be the highest presumption in him, to set up his opinion and judgment over that of his colleague, who had twice decided the same question, and if two of his predecessors, who justly rank among the ablest judges that have ever adorned a court; if in all this he erred, it is an error of which he cannot be ashamed, and which he trusts will not be deemed criminal in the eyes of this honourable court, of this country, or of that posterity by which he, his accusers, and his judges, must one day be judged.
Under the influence of these considerations, this respondent drew up an opinion on the law, arising from the overt acts stated in the said indictment, which was conformable to the decisions before given as abovementioned, and which he sent to his colleague the said Richard Peters, for his consideration. That gentleman returned it to this respondent, with some amendments affecting the form only, but not in any manner touching the substance.
The opinion thus agreed to, this respondent thought it proper to communicate to the prisoner's counsel—several reasons concurred in favour of this communication.
In the first place, this respondent considered himself and the court, as bound by the authority of the former decisions; especially the last of them, which was on the same case. He considered the law as settled, and had every reason to believe that his colleague viewed it in the same light. It was not suggested, or understood that any new evidence was to be offered; and he knew that if any should be offered, which could vary the case, it would render wholly inapplicable both the opinion and the former decisions on which it was founded. And he could not and did not suppose, that the prisoner's counsel would be desirous of wasting very precious time, in addressing to the court an useless argument, on a point which that court held itself precluded from deciding in their favour. He therefore conceived that it would be rendering the counsel a service and a favour, to apprise them before hand of the view which the court had taken of the subject; so as to let them see in time, the necessity of endeavouring to procure new testimony, which might vary the case, and take it out of the authority of former decisions.
Secondly. There were more than one hundred causes then depending in the said court, as appears by the exhibit marked No. 1, which this respondent prays may be taken as part of this, his answer. Many of those causes had already been subjected to great delay, and it was the peculiar duty of this respondent, as presiding judge, to take care, that as little time as possible should be unnecessarily consumed, and that every convenient and proper dispatch should be given to the business of the citizens. He did believe, that an early communication of the court's opinion, might tend to the saving of time, and consequently to the dispatch of business.
Thirdly. As the court held itself bound by the former decisions, and could not therefore alter its opinion, in consequence of any argument; and as it was the duty of the court to charge the jury on the law, in all cases submitted to their consideration, he knew that this opinion must not only be made known at some period or other of the trial, but must at the end of the trial be expressly delivered to the jury by him, in a charge from the bench: and he could not suppose, and cannot yet imagine, that an opinion, which was to be thus solemnly given in a charge to the jury, at the close of the trial, could make any additional impression on their minds, from the circumstance of its being intimated to the council before the trial began, in the hearing
of those who might be afterwards sworn on the jury.
And lastly, it was then his opinion, and still is, that it is the duty of every court of this country, and was his duty on the trial now under consideration, to guard the jury against erroneous impressions respecting the laws of the land. He well knows, that it is the right of juries in criminal cases, to give a general verdict for a acquittal , which cannot be set aside on account of its being contrary to law, and that hence results the power of juries, to decide on the law as well as on the facts, in all criminal cases. This power he holds to be a sacred part of our legal privileges, which he never has attempted, and never will attempt to abridge or obstruct. But he also knows, that in the exercise of this power, it is the duty of the jury to govern themselves by the laws of the land, over which they have no dispensing power; and their right to expect and receive from the court, all the assistance which it can give, for rightly understanding the law. To withhold this assistance, in any manner whatever; to forbear to give it in that way, which may be most effectual for preserving the jury from error and mistake, would be an abandonment or forgetfulness of duty, which no judge could justify to his conscience or to the laws. In this case, therefore, where the question of law arising on the indictment, had been finally settled by authoritative decisions, it was the duty of the court, and especially of this respondent as presiding judge, early to apprise the counsel and the jury of these decisions, and their effect, so as to save the former from the danger of making an improper attempt to mislead the jury in a matter of law, and the jury from having their minds preoccupied by erroneous impressions.
[To be continued.]
WASHINGTON-CITY, March 2.
It gives us pleasure to announce the triumph of reason and justice, over the spirit of party, in the acquittal of Judge Chase. We sincerely hope it will have a tendency to allay the spirit of intolerance, prejudice and party animosity, which has so long disgraced our country.—On the one hand, it will be seen, that although the democratic prints and many of the high toned of that sect, have long since pronounced sentence on the Judge; yet after a full, patient and laborious investigation, his political opponents have joined in pronouncing him innocent. On the other hand, let us do justice to conduct, that could acquit a political opponent, whom party prejudice had doomed to destruction—Let the mutual disappointment of these opinions, formed by prejudice, give rise to a more tolerant and liberal spirit.
With pleasure we record the names of Messrs. Galliard, Bradley, Mitchell, Smith of New-York, Smith of Ohio, and Smith of Vermont, as setting a bright and worthy example to their country, in sacrificing party feeling, at the shrine of justice.
The aggregate number of votes on the eight articles, are, 22 for acquittal , and 12 for condemnation . This is equally honorable to Judge Chase and his Judges.
A faithful, impartial and accurate Report of the testimony, the arguments of the Managers and the Counsel, and the whole proceedings on the trial of Judge Chase, is now in the press, and will soon be finished. The proceedings were taken by a short hand writer, well qualified for the task.
"If Judge Chase is innocent, on us, and on all the people of the United States, be the disgrace of having dragged him to the bar of justice.—Let us be consigned to infamy, whilst Hosannas are shouted to his praise, and let it be said, thus shall it be done to him, whom the highest judiciary tribunal of the United States delighteth to honor."
[Speech of J. Randolph.]
YESTERDAY the High Court of Impeachment, met, agreeable to a resolution, to pass judgment in the case of Judge Chase.
The President informed the Court, that they had heard the evidence, and were to decide on the articles separately.
The articles were then read separately, and the President rose up, called by name in alphabetical order, upon each Member of the Court, and put the question in the words following—each Member standing till he had answered. "How say you—is Samuel Chase, Esq. guilty?"

"ty or not guilty of a high crime or misdemeanor, as charged in the Article of Impeachment just read."
The answers were as follows:
ON THE FIRST ARTICLE.
Guilty —Messrs. Anderson, Baldwin, Breckenridge, Brown, Cocke, Condit, Ellery, Franklin, Giles, Howland, Jackson, Logan, M'Clay, Moore, Smith, Sumpner, Worthington, Wright.—16
Not Guilty —Messrs. Adams, Bayard, Bradley, Dayton, Gaillard, Giles, Hilihouse, Jackson, Mitchell, Olcott, Pickering, Plumer, Smith, (of Maryland) Smith, (of New-York) Smith, (of Ohio) Smith, (of Vermont) Tracy, White.—18.
ON THE SECOND ARTICLE.
Guilty —Messrs. Anderson, Breckenridge, Cocke, Condit, Ellery, Giles, Howland, M'Clay, Moore, Sumpner, Wright.—10.
Not Guilty —Messrs. Adams, Baldwin, Bayard, Bradley, Brown, Dayton, Franklin, Gaillard, Hilihouse, Jackson, Logan, Mitchell, Olcott, Pickering, Plumer, Smith, of Maryland, Smith, of New-York, Smith, of Ohio, Smith, of Vermont, Stone, Tracy, White, Worthington, Wright.—24.
ON THE THIRD ARTICLE.
Guilty —Messrs. Anderson, Baldwin, Breckenridge, Brown, Cocke, Condit, Ellery, Franklin, Giles, Howland, Jackson, Logan, M'Clay, Moore, Smith, of Maryland, Sumpner, Worthington, Wright.—18
Not Guilty —Messrs. Adams, Bayard, Bradley, Dayton, Gaillard, Hilihouse, Mitchell, Olcott, Pickering, Plumer, Smith, of New-York, Smith, of Ohio, Smith, of Vermont, Stone, Tracy, White.—16.
ON THE FOURTH ARTICLE.
Guilty —Messrs. Anderson, Breckenridge, Brown, Cocke, Condit, Ellery, Franklin, Giles, Howland, Jackson, Logan, M'Clay, Moore, Smith, (of Maryland) Stone, Sumpner, Worthington, Wright.—18.
Not Guilty —Messrs. Adams, Baldwin, Bayard, Bradley, Dayton, Gaillard, Hilihouse, Mitchell, Olcott, Pickering, Plumer, Smith, (of New-York) Smith, (of Ohio) Smith, (of Vermont) Tracy, White.—15.
ON THE FIFTH ARTICLE.
Unanimously Not Guilty.
ON THE SIXTH ARTICLE.
Guilty —Messrs. Breckenridge, Cocke, Howland, M'Clay.—4
Not Guilty —Messrs. Adams, Anderson, Baldwin, Bayard, Bradley, Brown, Condit, Dayton, Ellery, Franklin, Gaillard, Giles, Hilihouse, Jackson, Logan, Mitchell, Moore, Olcott, Pickering, Plumer, Smith of Ohio, Smith, of Vermont, Stone, Sumpner, Tracy, White, Worthington, Wright.—30.
ON THE SEVENTH ARTICLE.
Guilty —Messrs. Breckenridge, Cocke, Franklin, Howland, Jackson, M'Clay, Smith, of Maryland, Stone, Sumpner, Wright.—10.
Not Guilty —Messrs. Adams, Anderson, Baldwin, Bayard, Bradley, Brown, Condit, Dayton, Ellery, Gaillard, Giles, Hilihouse, Logan, Mitchell, Moore, Olcott, Pickering, Plumer, Smith, of New-York, Smith, of Ohio, Smith, of Vermont, Tracy, White, Worthington.
ON THE 8th ARTICLE.
Guilty —Messrs. Anderson, Baldwin, Breckenridge, Brown, Cocke, Condit, Ellery, Franklin, Giles, Howland, Jackson, Logan, M'Clay, Moore, Smith, of Maryland, Stone, Sumpner, Worthington, Wright.—19.
Not Guilty —Messrs. Adams, Bayard, Bradley, Dayton, Gaillard, Hilihouse, Mitchell, Olcott, Pickering, Plumer, Smith, of New-York, Smith, of Ohio, Smith, of Vermont, Tracy, White.—15.
The President then said "There being a constitutional majority on any one article, it becomes my duty to pronounce that Samuel Chase, Esq. is acquitted on the articles of impeachment exhibited against him by the House of Representatives."
The House then adjourned.
The United States' frigate John Adams, Capt. Chauncy (with Commodore Preble and Consul O'Brien and family on board) from the Mediterranean, arrived at Sandy-Hook on Saturday last, and will probably come up by the first fair wind. Capt. Newman, of the ship Laura, spoke her on Saturday, and informs that there are a number of Turks on board. [N. York paper.]
MARTINSBURG, March 8.
Judge Chase's Answer. —No apology can be necessary for devoting a large portion of our paper to the publication of this masterly document, so that the whole may be completed with all convenient dispatch.
It has been through the press that the malignity of his accusers has sought to assail the character of that great man; and the public mind was to be prepared for his destruction by that huge mass of ex parte statement, factious detraction and wanton obloquy, which under the names of Articles and Depositions was ushered into the world in a manner so unprecedented at the last session of Congress. It is therefore highly important to Judge Chase, that his justification should not merely stand on the records of the country as a lasting monument to his own honor, the disgrace of his persecutors, the wickedness of the times and for the benefit of posterity,—but that it should be circulated through every corrupt channel, and read by all ranks and classes of people.
President and Vice President —On Wednesday the 13th ult. conformably to the constitution, the returns of votes, for President and Vice President, from the different states were opened by Mr. Burr in the presence of both houses of Congress. The votes being counted were,
For President, For Vice President. Thos. Jefferson 162 Geo. Clinton 162 C. C. Pinckney 14 Rufus King 14 Whereupon the Vice President declared Mr. Jefferson chosen President and Mr. Clinton Vice President of the United States for four years commencing with the 4th of March, 1805.
So then, Mr. Jefferson's second presidency commences, and with it, we may expect, commences four years more of intolerance, persecution and proscription. We however indulge the hope, that Mr. Jefferson will not insult the community with a second inaugural speech, which, in the "gestion of affairs" he shall be under the necessity to contradict, as heretofore, by his actions.
[F. T. Herald.]
About three weeks ago, the Academy at Hallowell (New-Jersey) together with the books belonging to it, were destroyed by fire.
By letters received in Philadelphia, from the Mediterranean, we learn that, a duel took place between Mr. Dehart of New Jersey, and Mr. Nicholson of Maryland, both officers in the American squadron. The third fire proved fatal to Mr. Nicholson. He was shot through the head and died instantly.
WANTED IMMEDIATELY,
As an Apprentice to the Printing Business, a lad from twelve to sixteen years of age, of industrious habits, of moral conduct, and whose connections are respectable. One from the country would be preferred.
J: ALBURTIS.
Intelligencer Office, March 8, 1805.
To the Freeholders of Jefferson County.
FELLOW CITIZENS,
I OFFER myself as a Candidate at the ensuing election to represent you in the State Legislature.
I am, Gentlemen, with much respect, your most ob't. serv't. JOSEPH CRANE.
March 8, 1805.
RAN away from the subscriber on Tuesday the 5th inst. an apprentice boy to the blacksmith's business, named Daniel M'Quillen; he is about 19 years of age, is 5 feet 5 or 6 inches high, rather slender, and has short fair hair; had on a gray broad cloth coat, drab cloth pantaloons, black casimere waistcoat, a wool hat, pale blue stockings and coarse shoes. One dollar reward will be paid to any person who will apprehend and return said boy to the subscriber, living near Hoke's stillhouse five miles from Martinsburg.
N. B. All persons are hereby cautioned against harbouring, or in any manner employing said runaway.
BENJAMIN M'ALISTER. March 8, 1805.
NOTICE.
THE subscriber respectfully wishes to inform his customers and the public, that he has lately removed his Store to that eligible and commodious stand adjoining the Court House, fronting on Queen street and the public square, lately occupied by James Anderson, Esq. where he intends carrying on the Mercantile business.
He has just received a large additional supply of
Dry Goods and Groceries.
The ladies and gentlemen of this town and its vicinity, will please to accept my thanks for all former favours conferred, and I hope to merit a continuance of their custom.
He has BLANK BOOKS for sale.
JEREMIAH EVANS. Martinsburg, March 8, 1805.
AS the Subscriber intends removing from Martinsburg on the 28th inst. he hopes those who are indebted to him, either by Note or Account, will call at or before March court, and discharge their respective dues; in so doing they will prevent trouble and expense, as all notes and accounts not paid off by that time will be put into the hands of proper officers for collection.—He will offer for sale at public vendue on the 23th inst. Tables, Chairs, a Chest of Drawers, Bedsteads, and a variety of Household and Kitchen Furniture too tedious to mention, for which a generous credit will be allowed.
THOMAS PATTERSON. Martinsburg, March 8, 1805.
THE subscriber has lost the following Books, viz. the 3rd Volume of the Abess; 1st and 2nd volume of Adamina; 1st, 2nd, 3rd, and 7th volumes of Clarissa Harlow; Bruce's travels to the source of the Nile, bound in blue paper; the Investigating committee's report on the state of the finances, &c. of the session before last, exhibiting the state of the outstanding, unliquidated claims and balances due the United States, stitched in strong white pasteboard.
Any person who has borrowed, or who may now have in possession, any of the above Books, are requested to return them immediately.
JAMES FAULKNER. Martinsburg, March 8, 1805.
RAN away from the subscriber, some time in February last, an apprentice boy named George Lester; he is about six feet high and slender made; he took with him a variety of clothing not particularly recollected. One cent reward will be paid to any person who will return said runaway.
JACOB HAMMA. Martinsburg, March 8, 1805.
FOR SALE,
A VALUABLE FARM containing near four hundred acres, in the County of Jefferson, situated between Charles-Town and Shepherd's-Town, and about three miles from the Potomak river. A more particular description is deemed unnecessary, as it is presumed whoever inclines to purchase will first view the premises. This Tract may be divided to suit any person who may wish to purchase a less quantity than the whole. Possession may be had immediately. For terms apply to the subscriber living in Charles-Town, Jefferson County.
JOHN DIXON.
March 8, 1805.
Berkeley County, ss.
February Court, 1805.
George Riley vs Daniel Sturgess.
In CHANCERY.
THIS day came the complainant by his counsel, and it appearing to the court that the defendant is not an inhabitant of this commonwealth, it is ordered that the defendant do appear here on the Monday after the third Tuesday in May next, to answer the complainant's bill, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer and continued for two months successively, and also be posted up for two months successively at the door of the court house of this county.
A Copy. Attest. DAVID HUNTER, C.B.C.
NOTICE.
THE public are informed that the Ferry Boat on the river Potomak opposite Shepherd's-Town, which was taken off some time since by the ice, is regained, without the smallest injury, and is crossing daily with the usual facility and safety, which so much accommodates the traveller. Those who are unacquainted with this excellent and safe crossing place, are informed, that no delays ever take place in consequence of high wind or water, owing to the peculiar situation of the river. An uncommonly fine Boat with excellent sober hands, is doubtless, a great inducement for travellers to pass this way, which is equally as near a road as any other from the back parts of Virginia and the Western countries to Baltimore and the City of Washington.
JOHN BLACKFORD.
March 8, 1805.
Berkeley County, ss.
February Court, 1805.
George Riley vs Joseph Gale.
In CHANCERY.
THIS day came the complainant by his counsel, and it appearing to the court that the defendant is not an inhabitant of this commonwealth, it is ordered that the defendant do appear here on the Monday after the third Tuesday in May next, to answer the complainant's bill, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer and continued for two months successively, and also be posted up for two months successively at the door of the court house of this county.
A Copy. Attest. DAVID HUNTER, C.B.C.
ONE CENT REWARD.
RAN away from the subscriber, on Sunday morning the 24th ult. an apprentice to the Printing business, named Bill Eggleston, about 5 feet 7 inches high, has short light hair; when spoken to stares with a pretty full eye, very fond of liquor.—He had two years and about four months to serve. He formerly wrought in Brown & Charlton's Printing Office at Martinsburg, and, as his mother lives about five miles from that place, it is probable he has gone that way. Had on when he went away, a blue coat, brown cloth pantaloons, a striped swansdown waistcoat, a red baize under waistcoat, and a wool hat about half worn. The above reward, but no charges will be paid for bringing him home.
THOMAS GRIEVES.
English Printing Office, Hagerstown, March 7, 1805.
N. B. All persons are forewarned against harbouring or employing said runaway, at their peril.
NOTICE.
ALL persons having claims against the estate of Patrick M'Kelvey, dec'd, either by bond note or book account, are hereby requested to exhibit them properly authenticated for settlement—All persons indebted to said estate are also requested to make immediate payment to the subscriber.
GEORGE PAYNE, Adm.
March 8, 1805.
The high bred English Horse, YOUNG HAMILTONIAN,
WILL stand this season at Muse's Mill on Long Marsh Run, five miles from Rock's Ferry, the first three days in each week, and in Smithfield the remaining part of the week, and cover mares at the low rate of eight dollars the season, [which may be discharged by paying six dollars by the 1st of October next] three dollars the single leap and twelve dollars to insure a colt.
Young Hamiltonian is a bright bay, raising eight years old, fifteen and a half hands high, moves well and has a lofty carriage, is of an uncommonly high spirit and was imported from England in the year 1802, by Major Griffith of Philadelphia; he is a horse of pure blood, and is of the best breed for running in England; he was got by Old Hamiltonian out of a mare that was got by Old Matchem. It is thought unnecessary to trace his pedigree any further back, as his handsome figure and activity will be sufficient to recommend him. The greatest attention will be paid by
JESSEE BROWN.
March 8, 1805.

FOR SALE or RENT, THE large three story HOUSE in which the subscriber now lives, situate in the town of Bath, Berkeley County; this House is well finished and sufficiently large to accommodate fifty Boarders, with servants. There is a large Carriage Shed, two good Kitchens, Stables sufficient to contain eighteen horses, and an excellent large Garden. This property has been long occupied for the entertainment of persons resorting to Bath, and is as well calculated for that purpose as any other in this town; if it is not sold previous to the 1st of April next, it will then be to rent, from one to five years.
I will also sell Half a Lot of Ground in said town, calculated for a Tan Yard, with a few Vats on it, and a never-failing Spring of excellent water.
Also for sale One Tract of Land, within a mile of Bath, containing 136 acres, 30 of which are cleared and under good fence—about 30 acres of this tract may be easily converted into good Meadow.
Another Tract of Land, half a mile from the Warm Spring Ridge, containing 183 acres, subject to the incumbrance of a lease for six years;—the whole of this tract is well clothed with the finest Timber.
One other Tract of Land, called the Lick Run, lying on the Drains of Sleepy Creek, four miles from Bath, containing 184 acres, all in wood, a considerable quantity of which is the most valuable yellow pine.
The whole of the above property will be sold together, or separately, as may best suit the purchaser. The terms will be made easy. For further particulars apply to the subscriber.
JOHN HUNTER. Bath, March 1, 1805.
WANTED IMMEDIATELY, A SHOEMAKER WHO can come recommended for his knowledge of the business, his attention and sobriety. He can be furnished with a shop, tools, &c. and may depend on being constantly employed. A single man will be preferred. Apply to the subscriber living in Buckle Town, SAMUEL BLACKMORE. March 1, 1805.
To be rented, and possession given immediately, A FARM, off of which it is supposed there may be raised from 150 to 200 barrels of Corn annually—on the place is a Dwelling House with a good Spring convenient to it, a double Barn, Orchard, Meadow, &c. For further particulars inquire of the subscriber living near the premises. STEPHEN SNODGRASS. March 1, 1805.
To be rented, and possession given on the first day of April next, THAT commodious and well-known stand, at the sign of the Indian Chief, in the Main street, Martinsburg; the house consists of three rooms on the lower floor, four up stairs, and a large Ball Room, with a Kitchen and a room adjoining for the use of the family, good Stables, Smoke House and Granary.—This house is the best situated of any in town for travelling customers, and commands a great part of that custom at present. For further particulars apply to Mr. John O'Ferrall in Martinsburg, or to the subscriber at Mill Creek.
I will likewise rent, A two story house in the same street, adjoining Mr. James Lawson's, with three rooms on the lower floor and two up stairs, with a convenient Kitchen and passage, and a cellar under the whole house. Apply as above. IGNATIUS O'FERRALL. March 1, 1805.
The following BLANKS, printed with NEW and ELEGANT TYPE, are always kept for sale at this Office: DEEDS, Common BONDS, Apprentices INDENTURES, Promissory NOTES, &c. &c. &c.
CASH Given for clean Linen and Cotton RAGS, At the Office of the INTELLIGENCER.
We are authorised to inform the Freeholders of this County, that Mr. JOHN GRAY and Captain MATTHEW RANSONE , will be candidates at the ensuing election of Representatives for Berkeley County in the State Legislature. March 1, 1805.
Public Sale.
Will be sold at public vendue, on Friday the 8th day of March next, at the plantation of Joseph Evans, sen. dec'd, near Martinsburg,
HORSES, Milch Cows, and Young Cattle, two Weaving Looms with tackling complete, one Road Waggon and one Plantation ditto, with a quantity of other Farming Utensils, a variety of Household and Kitchen Furniture, Wheat and Rye in the ground, and a number of other articles too numerous to particularize. The sale will commence about nine o'clock, and continue until all is sold. Due attendance will be given by ROBERT SNODGRASS, Exr. February 28, 1805.
Public Sale.
Will be sold at public vendue, on the first Tuesday in April next, at the dwelling plantation of the subscriber, near Martinsburg,
A NUMBER of Horses, Milch Cows, Sheep, Hogs and Geese, and a quantity of Bacon, a variety of Household and Kitchen Furniture, Farming Utensils, and a number of other articles too numerous to particularize. A generous credit will be given. The sale will begin about ten o'clock. WILLIAM PATTERSON. March 1, 1805.
FOR SALE, a well-improved Plantation, On Middle Creek, near Darkesville, Berkeley County, containing about two hundred acres, whereon Mr. Edward Chapman now lives, for which a general warrantee will be made to the purchaser, and which if not sold before the 20th day of March, will be rented for one year and possession given on the first day of April next. The terms will be made known upon application to the subscriber. PETER LAWSON. March 1, 1805.
Carriage for sale.
THE subscriber has for sale a handsome well finished COACHEE, with Plated Harness. JOHN BAKER. Shepherd's-Town, March 1, 1805.
LANDS for sale on the river Potomak. THE subscriber will sell 250 acres of Land on the Potomak river, in the County of Washington and state of Maryland, 100 acres of which is the first rate Bottom, adjoining the land of Mr. David Misskimans; through the above tract of land there runs a never failing stream of water, with every convenience for a mill and Distillery on the largest scale, within five miles of Hancock and two of Bath, Berkeley County. For particulars apply to Mr. Cornelius Ferree, near Bath. ELIZABETH MILLER, near Front Royal, Frederick County, Virginia. February 28, 1805.
THE sale of Samuel Dunaway, advertised some time ago to take place on the 12th instant, will be postponed until the 20th of April next, on which day the articles before advertised, will be sold at public vendue. March 1, 1805.
Those who have subscribed for PINKERTON'S GEOGRAPHY, are requested to call at this Office and lift the 1st volume of that work. The other volumes may be expected by the first arrival from Philadelphia.
A large quantity of FRESH Clover Seed now ready for sale, by JAMES & JOHN LANE. Shepherd's-Town, March 1, 1805.
WANTED IMMEDIATELY, In a Country Neighbourhood,
A SCHOOLMASTER, who can come well recommended for his capability and sobriety. It is supposed that at least 25 scholars can be raised. A man without a family will be preferred. Apply to WM. RUSH. Berkeley County, March 1, 1805.
Carriage of FLOUR to George Town or Alexandria, by water.
I HAVE erected a large and convenient Ware-House, for the reception of Flour and other articles, on the road leading from Martinsburg to Williamsport, eight miles from the former place and four from the latter, where I will receive Flour, &c. and deliver it at either of the above places, agreeable to the directions of the persons who will favour me with their custom. THOMAS SHEERER. Falling Waters, March 1, 1805.
Bennett's Ferry.
THE subscriber respectfully informs those who may have occasion to cross Potomak at Bennett's Ferry, two and a half miles from Bath and eight from Hancock, that he has recovered his Ferry Boat, which he has got in complete order. Persons may now cross with the greatest safety and convenience, and may rely on his constant attention to serve them. WILLIAM BENNETT. March 1, 1805.
Winter Goods and Groceries.
THE SUBSCRIBER Has just received and finished opening, (part from Philadelphia and part from Baltimore,) a very large supply of Choice Winter Goods and Groceries, Which, in addition to his former stock, makes his assortment more complete than ever, consisting of almost every article in the Dry Goods and Grocery line, too numerous to particularize to particularize—all which he begs leave to offer his friends and the public in general, at the most reduced prices for CASH or COUNTRY PRODUCE, or on the usual credit to punctual customers. WARRANTED
Bolting Cloths,
Superfine, Common and Midling, of the first quality, for sale on the usual terms. N. B. He offers the highest price in Cash, for Wheat, Rye, Corn, Oats, or Flax-Seed. With the greatest esteem, He remains the public's ob't. and humbl. serv't. PHILIP NADENBOUSCH. Martinsburg, January 11, 1805.
FOR HIRE, TWO Negro Girls,
One about fifteen and the other sixteen years old; they have both been accustomed to house-work, and one has for some time past been a cook. An employer in the country would be preferred. Inquire of the Printer. January 11, 1805. (wtf)
INFORMATION.
THOSE indebted to the subscriber are requested to make payment by the 25th instant, as he has a number of small debts in the country at a considerable distance which are inconvenient for him to send after.—Every person neglecting the payment of such debt or debts, against the time above mentioned, are assured that their accounts will be put in a course of law for collection. LUCAS S. GIBBS, M. D. Martinsburg, February 1, 1805.
FOR SALE, A PLANTATION, containing about 180 acres, about 100 of which are cleared; there is a convenient Dwelling House and Kitchen and a good Barn on the premises; near the House is a Well thirty feet deep, which never goes dry when kept clean; on one part of the Plantation there is a large and excellent Spring.—The Land is of a superior quality; it lies on the road leading from Martinsburg to Boyd's Ferry, and is about six miles from the former place.—If it is not sold before the first day of April next, it will be rented for one year. For terms apply on the premises, or to the subscriber in Martinsburg. IGNATIUS PRICE. January 25, 1805.
December Court, 1804. Berkeley County, ss. Barbara Helm, administratrix, and Jacob French, administrator of Martin Helm, deceased, Complainants. against Mary Foland, widow and relict of George Foland, deceased, and Mary Foland, Rebecca Foland and Eleanor Foland, children and heirs at law of said George Foland, Defendants.
In CHANCERY. THIS day came the Complainants by their Counsel, and it appearing to the Court that the Defendants are not inhabitants of this Commonwealth, it is ordered that the Defendants do appear here on the Monday after the third Tuesday in March next, to answer the Complainants' bill, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer, and continued for two months successively, and also be posted up for two months successively at the door of the Court-House of this County, A copy. Attest, DAVID HUNTER, c. b. e.
FOR SALE, Pursuant to the last will and testament of Robert Creighton, dec'd, a valuable
Tract of Land,
Lying in the County of Berkeley and State of Virginia, three miles from the town of Martinsburg, on the road leading to Williamsport, eighty-five miles from the City of Baltimore, seventy-five from the City of Washington, and eighty miles from the town of Alexandria—containing six-hundred acres, one half cleared and under good fence, the balance well clothed with timber: There are on said land a number of never failing springs, and a sufficient quantity of Meadow: This Tract would suit well to be divided, as there are two Dwelling Houses, two Double Barns, and two Orchards of choice Fruit. It lies five miles from the river Potomak, the navigation of said river is now completed, produce may be conveyed down the river to the City of Washington and to the town of Alexandria at a small expense. For terms apply to William Riddle, of the town of Martinsburg. A good title will be made the purchaser by WILLIAM RIDDLE, and WM. CREIGHTON, Martinsburg, February 1, 1805. } Exr's.
WANTED IMMEDIATELY, A WEAVER,
Who can come well recommended.—A young man will be preferred. Apply to the subscriber, living near the head of Dry Run. THOMAS THATCHER. February 22, 1805.
MARTINSBURG, Berkeley County Virginia: Printed and published by JOHN ALBURTIS.
TERMS OF THE INTELLIGENCER.
THE price of this Paper is two dollars per annum, one dollar payable at the time of subscribing, and one when the year expires. Distant subscribers pay for the whole year in advance. The price of Advertisements, to non-subscribers, is one dollar per square for three weeks insertion, and for continuance after that time 25 cents per week; Subscribers will continue to receive a reduction of one-fourth on their Advertisements.