Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1807-03-13 00:00:00

Berkeley and Jefferson Intelligencer.
[No. 43 of Volume VIII.]
FRIDAY, March 13, 1807.
[Whole No. 407.]
Fresh Goods.
The subscriber has just received an assortment of
New Goods,
which he purchased for Cash, and will retail on the lowest terms.
HIS LATE PURCHASES INCLUDE THE FOLLOWING ARTICLES, VIZ.
 Plain Leno Muslins,  Elegant Leno Shawls,  Ladies Silk Gloves (all colours.)  Leghorn Bonnets,  Superfine Dimity,  Book and Fancy Muslins,  Morocco Shoes (well assorted.)  Common Calicoes (very cheap.)  Fancy Cords,  Ditto Vest Shapes,  Crowley and Blistered Steel.  Highest Price given for all kinds of Country Produce.
LEVI PRICE.
Martinsburg, March 6, 1807.
THE subscriber some time ago, gave to William Mackey, jun. of Martinsburg, two notes for two Clocks, the first of which is to be complied with the 1st day of April and the other the 1st day of June, 1807. This is therefore to give notice to any person who may take an assignment on the above notes, that as they are given for Clocks only, I hold myself bound to discharge them only with Clocks. The Clocks shall be ready as soon as the notes become due, and the holder of said notes will please to take notice, that they shall be fully complied with, but I am determined to pay no interest on them, if they are not brought forward as soon as they become payable.
REES BRANSON.
Frederick County, March 6, 1807.
Berkeley, ss.
February Court, 1807.
Joseph Foreman, Complainant,
AGAINST
Jane Wight, Adm rx . of James Wight, dec'd. and Elizabeth Wight and Children of James Wight, dec'd. D fts .
IN CHANCERY.
UPON the motion of the Complainant, by his Counsel, and it appearing to the Court that the defendants have failed to file their answer to the Subpoena in this Cause, being returned Executed to December Court, 1801; It is ordered that the bill of the Complainant be taken pro confesso , and the matter thereof, be decreed accordingly, unless the defendants, at or before May term next, file their answer; and it further appearing to the Court that the defendants since the service of the Subpoena in this cause, have removed themselves out of this Commonwealth, it is directed that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer, and contained therein for two months successively.
A Copy. Teste.
DAVID HUNTER, C.B.C.
NOTICE.
WHEREAS I passed my Note of hand to William M'Causland, on the day of _____ amounting to _____ for some goods he requested me to purchase at his sale, which said goods I restored to him again, and he gave me a receipt against said note, as he informed me the same was mislaid or lost; But I am lately informed that the said note is lodged in the hands of George Tabler, delivered to him by the said M'Causland, as a good note. I hereby inform the public that said note is void, and that I will never pay the same or any part thereof.
GEORGE LEWIS COFFENBARGER.
March 6, 1807.
The following BLANKS, printed with NEW and ELEGANT TYPE, are always kept for sale at this Office: DEEDS, Common BONDS, CONSTABLE'S BLANKS, Promissory NOTES, &c.
NEW STORE.
Alexander Porterfield,
informs his late friends and customers, and the inhabitants of Martinsburg and its vicinity, that he has removed his store from the Falling Waters to Martinsburg, and now occupies the house of Nicholas Roush, between J. Faulkner's store and E. Graham's Tavern. Where he has on hand a variety of DRY GOODS, GROCERIES and LIQUORS, Hardware, Crockery ware, Cutlery, &c. &c. all which he will sell on reasonable terms for Cash or Country produce.
Martinsburg, February 27, 1807.
ONE CENT REWARD.
RAN away from the subscriber on Tuesday the 17th ult. a bound girl, named BETSEY HAMMAR, about 16 years of age. I will give the above reward to any person for returning said runaway, and do hereby forewarn all persons from harbouring her, or dealing with her in any manner on my account.
PETER REAL.
Berkeley County, March 6, 1807.
THE LAST NOTICE.
ALL persons indebted to the subscriber, are once more requested to call at his house in Martinsburg, and pay the amounts due from them, on or before the first day of April next; no longer indulgence can or will be given. All persons having just demands against the subscriber, are requested to bring them forward for settlement.
LUKE PENTONY.
March 6, 1807.
A LARGE and very EXTENSIVE Assortment of Suitable GOODS.
For the present and approaching seasons, just received from Philadelphia, and finished opening, are now offered for sale by the subscribers, unusually low in price, for Cash, Country Produce or on the usual credit to punctual customers.
Their assortment, in part, consists of the following articles:
 200 Pieces assorted India Muslins, uncommonly cheap,  150 — American and English Chintzes and Calicoes,  30 — 4-4 Irish Linens, low priced,  20 — Assorted coloured Flannels,  15 — ditto ditto Coatings,  10 — Coloured Planes of a superior quality,  Bennet Cords handsomely set, and cheap, ditto for Vest-shapes neatly figured,  Tabby Velvets for ditto nice patterns,  Constitution Cords, Velvets, Corduroys and Thicksets, very cheap,  Superfine Broad and Forest Cloths, a Handsome and cheap assortment,  Blankets, Duffle and Ross, cheap for the quality,  Superfine Bath Coatings, for ladies riding dresses,  Kersey Moleskin, Fancy stout Satinets, Casimeres, a handsome assortment,  Full'd Hose, a large assortment,  Lamb's wool ditto Welsh knit, ditto Gloves, of a good quality,  Broad Laces, a handsome asst. & cheap,  Velvet Fancy tinted Bands & Wreaths,  Fancy Bullion and Spangled Shoe-bows, very cheap,  Very fine Linen Cambricks, cheaper than usual,  9-8 Irish Sheetings, Bed Tickings, Apron Checks, very cheap and good,  Fine Dowlas Linens and Britanias,  Bandannae and Madras Handkerchiefs,  Damask camel's-hair & Cambric Shawls, new fashioned,  Black and White Gauzes, fine & cheap.  ALSO,
A general assortment of
Groceries and Hard-Ware,
All of which will be sold on such terms as must please the purchaser.
F. NADEBOUSCH, & Co.
Martinsburg, December 5, 1806.
SUPREME COURT
OF THE
UNITED STATES
FEBRUARY TERM, 1807.
Erick Bollman
and
Samuel Swartwout
On motion for a habeas corpus ad sub-jiciendum .
Marshall, chief justice, delivered the opinion of the court, as follows: As preliminary to any investigation of the merits of this motion, this court deems it proper to declare that it disclaims all jurisdiction not given by the constitution, or by the laws of the United States.
Courts which originate in the common law possess a jurisdiction which must be regulated by their common law until some statute shall change their established principles; but courts which are created by written law, and whose jurisdiction is defined by written law, cannot transcend that jurisdiction. It is unnecessary to state the reasoning on which this opinion is founded, because it has been repeatedly given by this court; and with the decisions heretofore rendered on this point, no member of the bench has, even for an instant, been dissatisfied. The reasoning from the bar, in relation to it, may be answered by the single observation, that for the meaning of the term habeas corpus , resort may unquestionably be had to the common law; but the power to award the writ by any of the courts of the United States, must be given by written law.
This opinion is not to be considered as abridging the powers of courts over their own officers, or to protect themselves, and their members from being disturbed in the exercise of their functions. It extends only to the power of taking cognizance of any question between individuals, or between the government and individuals.
To enable the court to decide on such question, the power to determine it must be given by written law.
The inquiry therefore on this motion will be, whether by any statute, compatible with the constitution of the United States, the power to award a writ of habeas corpus , in such a case as that of Erick Bollman and Samuel Swartwout, has been given to this court.
The 14th section of the judicial act, has been considered as containing a substantive grant of this power.
It is in these words: "That all the before mentioned courts of the United States shall have power to issue writs of scire facias , habeas corpus , and all other writs, not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeably to the principles and usages of law. And that either of the justices of the supreme court, as well as judges of the district courts shall have power to grant writs of habeas corpus , for the purpose of an inquiry into the cause of commitment. Provided that writs of habeas corpus shall in no case extend to prisoners in jail, unless where they are in custody under or by color of the authority of the United States, or are committed for trial before some court of the same, or are necessary to be brought into court to testify."
The only doubt of which this section can be susceptible is, whether the restrictive words of the first sentence limit the power to the award of such writs of habeas corpus as are necessary to enable the courts of the United States to exercise their respective jurisdictions in some cause which they are capable of finally deciding.
It has been urged that in strict grammatical construction, these words refer to the last antecedent, which is "all other writs not specially provided for by statute."
This criticism may be correct, and is not entirely without its influence; but the sound construction which the court thinks it safer to adopt, is, that the true sense of the words is to be determined by the nature of the provision and by the context.
It may be worthy of remark that this act was passed by the first congress of the U. S. sitting under a constitution which had declared "that the privilege of the writ of habeas corpus should not be sus-
pended unless when in cases of rebellion or invasion the public safety might require it."
Acting under the immediate influence of this injunction, they must have felt, with peculiar force, the obligation of providing efficient means by which this great constitutional privilege should receive life and activity; for if the means be not in existence, the privilege itself would be lost, although no law for its suspension should be enacted. Under the impression of this obligation they give, to all the courts, the power of awarding writs of habeas corpus .
It has been truly said that this is a general and includes every species of that writ. To this it may be added that when used singly—when we say the writ of habeas corpus , without addition—we most generally mean that great writ which is now applied for, and in that sense it is used in the constitution.
The section proceeds to say that "either of the justices of the supreme court, as well as judges of the district courts, shall have power to grant writs of habeas corpus for the purpose of an enquiry into the cause of commitment."
It has been argued that congress could never intend to give a power of this kind, to one of the judges of this court which is refused to all of them when assembled.
There is certainly much force in this argument, and it receives additional strength from the consideration that if the power be denied to this great court, it is denied to every other court of the U. S.; the right to grant this important writ is given, in this sentence, to every judge of the circuit, or district court, but can neither be exercised by the circuit nor district court. It would be strange if the judge, sitting on the bench, should be able to hear a motion for this writ where it might be openly made, and openly discussed, and might yet retire to his chamber and in private receive and decide upon the motion. This is not consistent with the genius of our legislation, nor with the course of our judicial proceedings. It would be much more consonant with both, that the power of the judge at his chambers should be suspended during his term, then that it should be exercised only in secret.
Whatever motives might induce the legislature to withhold from the supreme court the power to award the great writ of habeas corpus , there could be none which would induce them to withhold it from every court in the U. S. and as it is granted to all in the same sentence and by the same words, the sound construction would seem to be, that the first sentence vests this power in all the courts of the U. S. but as those courts are not always in session, the second sentence vests it in every justice or judge of the U. S.
The doubt which has been raised on this subject may be further explained by examining the character of the various writs of habeas corpus , and selecting those to which this general grant of power must be restricted, if taken in the limited sense of being merely used to enable the court to exercise its jurisdiction in causes which it is enabled to decide finally.
The various writs of habeas corpus as stated and accurately defined by judge Blackstone (3 Bl. Com. 129) are 1st, The writ of habeas corpus ad respondendum "when a man hath a cause of action against one who is confined by the process of some inferior court, in order to remove the prisoner and charge him with this new action in the court above."
This case may occur when a party having a right to sue in this court (as a state at the time of the passage of this act, or a foreign minister) wishes to institute a suit against a person who is already confined by the process of an inferior court. This confinement may be either by the process of a court of the U. S. or of a state court. If it be in a court of the U. S. this writ would be inapplicable, because perfectly useless, and consequently could not be contemplated by the legislature. It would not be required, in such case, to bring the body of the defendant actually into court, and he would already be in the charge of the person who, under an original writ from this court would be directed to take him into custody, and would already be confined in the same jail in which he would be confined under the process of this court.

if he should be unable to give bail.
If the party should be confined by process from a state court, there are many additional reasons against the use of this writ in such a case.
The state courts are not, in any sense of the word, inferior courts, except in the particular cases in which an appeal lies from their judgment to this court, and in those cases the mode of proceeding is particularly prescribed, and is not by Habeas Corpus. They are not inferior courts because they emanate from a different authority, and are the creatures of a distinct government.
2d. The writ of Habeas Corpus ad satisfaciendum "when a prisoner hath had judgment against him in an action, and the plaintiff is desirous to bring him up to some superior court to charge him with process of execution."
This case can never occur in the courts of the United States. One court never awards execution on the judgment of another. Our whole juridical system forbids it.
3d. Ad prosequendum, testificandum, deliberandum, &c. "which issue when it is necessary to remove a prisoner, in order to prosecute, or bear testimony, in any court, or to be tried in the proper jurisdiction wherein the fact was committed."
This writ might unquestionably be employed to bring up a prisoner to bear testimony in a court consistently with the most limited construction of the words in the act of congress; but the power to bring a person up that he may be tried in the proper jurisdiction is understood to be the very question now before the court.
4th and last, "The common writ ad respondendum et recipiendum," which issues out of any of the courts of Westminster-hall, when a person is sued in some inferior jurisdiction, and is desirous to remove the action into the superior court, commanding the inferior judges to produce the body of the defendant, together with the day and cause of his caption and detainer (when the writ is frequently designated as Habeas Corpus cum causa) to do and receive whatever the king's court shall consider in that behalf. This writ is grantable of common right, without any motion in court and it instantly supercedes all proceedings in the court below."
Can a solemn grant of power to a court to award a writ be considered as applicable to a case in which that writ, if issuable at all, issues by law without the leave of the court?
It would not be difficult to demonstrate that the writ of Habeas Corpus cum causa cannot be the particular writ contemplated by the legislature in the section under consideration; but it will be sufficient to observe generally, that the same act prescribes a different mode for bringing into the courts of the United States, suits brought in a state court against a person having a right to claim the jurisdiction of the courts of the United States. He may, on his first appearance, file his petition and authenticate the fact, upon which the cause is ipso facto removed into the courts of the U. States.
The only power then, which on this limited construction would be granted by the section under consideration, would be that of issuing writs of Habeas Corpus ad testificandum. The section itself proves that this was not the intention of the legislature. It concludes with the following proviso:—"That writs of Habeas Corpus shall in no case extend to prisoners in jail, unless where they are in custody under or by color of the authority of the United States, or are committed for trial before some court of the same, or are necessary to be brought into court to testify."
This proviso extends to the whole section. It limits the powers previously granted to the courts because it specifies a case it is particularly applicable to the use of the power by courts—where the person is necessary to be brought into court to testify. That construction cannot be a fair one which would make the legislature except from the operation of a proviso, limiting the express grant of a power, the whole power intended to be granted.
From this review of the extent of the power of awarding writs of Habeas Corpus, if the section be construed in its restricted sense; from a comparison of the nature of the writ which the courts of the United States would, on that view of the subject, be enabled to issue; from a comparison of the power so granted, with the other parts of the section, it is apparent that this limited sense of the term cannot be that which was contemplated by the legislature.
But the 33d section throws much light upon this question. It contains these
words, "and upon all arrests in criminal cases, bail shall be admitted, except where the punishment may be death; in which cases it shall not be admitted but by the supreme or a circuit court, or by a justice of the supreme court, or a judge of the district court, who shall exercise their discretion therein, regarding the nature and circumstances of the offence, and of the evidence, and of the usages of law."
The appropriate process of bringing up a prisoner, not committed by the court itself, to be bailed, is by the writ now applied for. Of consequence, a court, possessing the power to bail prisoners not committed by itself, may award a writ of habeas corpus for the exercise of that power. The clause under consideration obviously proceeds on the supposition that this power was previously given, and is explanatory of the 14th section.
If by the sound construction of the act of congress the power to award writs of habeas corpus in order to examine into the cause of commitment is given to this court, it remains to inquire whether this be a case in which the writ ought to be granted.
The only objection is, that the commitment has been made by a court having power to commit and to bail.
Against this objection the argument from the bar has been so conclusive that nothing can be added to it.
If then this were res integra, the court would decide in favor of the motion. But the question is considered as long since decided. The case of Hamilton is expressly in point in all its parts; and altho' the question of jurisdiction was not made at the bar, the case was several days under advisement, and this question could not have escaped the attention of the court. From that decision the court would not lightly depart. (U. S. v Hamilton, 3 Dallas 17.)
If the act of congress gives this court the power to award a writ of habeas corpus in the present case, it remains to inquire whether that act be compatible with the constitution.
In the mandamus case it was decided that this court would not exercise original jurisdiction except so far as that jurisdiction was given by the constitution. But so far as that case has distinguished between original and appellate jurisdiction, that which the court is now asked to exercise is clearly appellate. It is the revision of a decision of an inferior court by which a citizen has been committed to jail.
It has been demonstrated at the bar that the question brought forward on a Habeas Corpus, is always distinct from that which is involved in the cause itself. The question whether the individual shall be imprisoned is always distinct from the question whether he shall be convicted or acquitted of the charge on which he is to be tried, and therefore these questions are separated, and may be decided in different courts.
The decision that the individual shall be imprisoned must always precede the application for a writ of Habeas Corpus, and this writ must always be for the purpose of revising that decision, and therefore appellate in its nature.
But this point also is decided in Hamilton's case and in Burford's case.
If at any time the public safety should require the suspension of the powers vested by this act in the congress of the United States, it is for the legislature to say so.
The question depends on political considerations, on which the legislature is to decide. Until the legislative will be expressed, this court can only see its duty, and must obey the laws.
The motion, therefore, must be granted.
† 2. Cranch's reports, Marbury v. Madison.
‡ At Feb. term, 1806, in this court.
STATE PAPER. BY HIS MAJESTY THE KING OF PRUSSIA,
As inserted by authority in the Gazette of Konigsberg, of the 1st Dec. 1806.
"The battle of the 14th of Oct. notwithstanding the courageous efforts of his majesty's armies, has been so unfortunate for the Prussian arms, that the road of the capital, and even to the very heart of his majesty's dominions, has been left open to the enemy; the king was, therefore, induced to offer terms for an armistice, of which he had every reason to expect a cordial acceptance on the part of the enemy, as in the midst of the battle he received a letter from the emperor Napoleon, full of friendly expression; but to this offer of the armistice the door of acceptance was
shut unless the king consented, as the basis of a peace, to certain sacrifices, incompatible with his honor and dignity.
The king, who saw the full extent and magnitude of the misfortunes and dangers which unavoidably surrounded his faithful subjects, preferred an immediate and uncertain prospect to the remote and uncertain prospect of the return of the fortune of war in his favour; his majesty, therefore, immediately took the resolution of making such sacrifices, however great they might be, as were compatible with the interests of his throne, and accordingly sent the minister of state, the marquis Lucchesini, on the 18th of October, with ample diplomatic powers, to the head-quarters of the emperor and king, Napoleon. The sacrifices which the king had agreed to, on receiving the first dispatches from marquis Lucchesini (to whom, in order to accelerate the business, his majesty had sent major-general Zastrow) were so adequate to the advantages which the enemy, by the fortune of a single day had gained, that so early as the 30th of Oct. they were respectfully acknowledged, and received as the basis of a treaty for peace, by the plenipotentiary, the grand marshal of the palace Duroc; upon this basis the peace itself was to have been concluded without delay, and the king on his own part, took all the necessary measures to provide that those conditions of peace should be punctually fulfilled, immediately after the signing of the preliminaries thereof. The emperor Napoleon, on the contrary, refused to put a stop to hostilities, and allowed his army not only to enjoy the advantages they already possessed, but to proceed in acquiring new conquest, and even all the provinces of the king, on the Oder and the Warté, destitute of garrisons, were inundated with French troops, and thus these defenceless provinces felt all the horrors of war, as well as the capital.
"At the head-quarters of the emperor, even four days after the acceptance of the conditions of peace, a seditious proclamation was printed, published, and distributed, tending to produce an insurrection or disturbances and rebellion, among the subjects of his majesty in South Prussia. Wherever the enemy's troops could find their way, the property of the king was taken possession of; the royal treasurers were seized, and it was attempted to seduce the servants of his majesty from their lawful allegiance, and an oath was even tendered to them, whereby they were required to swear fealty to the enemy.
"Those facts created a suspicion that the emperor was not serious in his intention of concluding a peace upon the basis already understood by the plenipotentiaries of both nations. The unceasing, but ineffectual endeavors of the plenipotentiaries of the king and to break off entirely the thread of communication between the two belligerent powers, proved clearly to his majesty that this suspicion was well grounded, more particularly as the positive declaration, "That the emperor, knowing the situation in which Prussia has been placed, since the unfortunate battle of the 14th, must take advantage of that situation for the conclusion of his peace with England and Russia," leaves no doubt remaining with respect to the intentions of France.
"After this the formally concluded basis for peace was entirely set aside, and instead of it an Armistice was proposed, on the part of the French, at the very moment when it was thought that the basis of a definitive peace had been settled, and each new advantage, gained in the interim by the French, now increased the severity of the demands made upon Prussia.
"After having indulged themselves in so many illusory hopes, the plenipotentiaries of the king at last thought themselves justified in concluding, on the 16th of November, the armistice hereafter inserted verbatim, in order to put a stop to the continually increasing demands of the enemy. This document was accompanied by the official declaration of the imperial minister for foreign affairs, M. Talleyrand, prince of Benevento, the contents of which prove more clearly than any thing that had gone before, that Prussia would only flatter herself in vain, if she cherished the most distant hope of a secure and lasting peace, notwithstanding the unheard of sacrifices which the armistice imposed upon her.
"But if the king himself even had indulged such a hope, it was no longer in his power to fulfil those conditions in that armistice with regard to the return of the Russian armies, because, as the French troops during the negotiation
had advanced even to the Vistula, his majesty was not in a situation to stop the march of the Russian armies, when their own frontiers were menaced by the enemy. Thus no choice was left to the king; he was obliged to refuse his ratification of the Armistice which the grand marshal Duroc brought to his head-quarters, at Osterode, on the 22d of November.
"If any alternative remained, it was one that implied the accomplishing of impossibilities, viz. to invite the cabinets of St. James and St. Petersburg to unite with his majesty, and agree upon the basis of a negotiation with the emperor Napoleon for a general peace.
"This has been done, and though there were but feeble hopes of the success of such an attempt, yet the king did not recall the Marquis Lucchesini from the head-quarters of the emperor and king.
"During the time that the king was thus exhausting all the resources in his power to stop the shedding of human blood, he was nevertheless busily occupied in bringing forward all the means of resistance which God has given him.
"While the fortresses, provided with ample means of defence, such as those of Stettin, Custrin, Magdeburgh, &c. have been delivered up to the enemy in a most scandalous manner by their respective commanders; the other fortresses of the country particularly those on the banks of the Vistula, have been now put in the best possible state of defence, and entrusted to the command of brave and honorable officers. The rest of the marching regiments which were quartered or encamped near the Vistula, and Warté, shall be united with the numerous, well disciplined and brave army brought to the assistance of the king, by his true friend and faithful ally the emperor Alexander.
"While these united troops attack the enemy, a new and numerous army, which is began to be collected, well disciplined, and equipped for war, shall follow their fellow soldiers to the field of glory. Above all, the king relies on the support of that people, who gloriously fought the battles in the Seven year War against almost all Europe, and who did not despond nor waver in their allegiance to their monarch, even when the capital and the greatest part of the kingdom, were in possession of the enemy; his majesty looks with confidence to the support of that people, who, upon that occasion, in the midst of unheard of perils and calamities, evinced an energy and firmness which has merited the applause of the present age, and secured them that of future generations.
"At the present moment, there are even greater calls upon our energies, than there were at the period of the above calamities. We now struggle for all that is dear and honorable to us as a nation, or sacred to humanity. To preserve the independence and existence of the nation alone, the king took up arms; this the nation, nay the whole world knows; and the enemy will not be able to deceive the people by the phantom of a pretended coalition, of the existence of which he cannot produce the least evidence.
"In her former struggles in the seven years war, Prussia stood alone, or at least without any material assistance from any other power. She then stood up against the first powers in Europe. In the present struggle she can reckon upon the assistance of the powerful and magnanimous Alexander who with his whole strength stands forward to the preservation of Prussia. Prussia in this great struggle has only one interest in common with Russia; both will stand or fall together. With such an intimate union of both powers in such a holy struggle against an enemy whose success has raised him to such a giddy height, that he knows no limits to his career, the issue of the struggle cannot long remain doubtful.
"Perseverance in danger, according to the glorious example of our forefathers, can and will lead us on to victory."
LONDON, Jan. 8.
The French begin to feel now the consequences of a protracted warfare. Sickness is thinning their ranks more than the sword, and the letters from Denmark and Berlin describe the hospitals in every town as crowded with sick. Hundreds die daily and the disorder is of such a nature, spreads with such rapidity, and operates so fatally, that the most alarming apprehensions are entertained. The malady and misery are aggravated by the want of a sufficient quantity of skilful physicians. In some places the hospitals are considered and treated as a town infested with the plague. No one, the medical attendants excepted, is suffered to go into them. It is supposed that one quarter of the

French army is incapable from sickness, of active service.
Jan. 9.
From all accounts, both public and private it is evident that the career of Bonaparte is effectually checked, and that he is at present in a situation of difficulty and danger in which he has never before been placed. The most dreadful diseases have attacked his troops, fevers and dysenteries commit to the grave those whom the treachery and cowardice of the Prussians have spared; the winter cuts off in Poland, those whom the common fate of war had not destined to fall in the trenches of Magdeburg and Custrin.
Instead of Russian victories, with which the public have been so often deluded, the Russians, with a wisdom which has hitherto been wanting in the councils of our allies, decline a battle, and retiring from the foe, carry with them the provisions and resources of the country, and leave the impetuous Bonaparte in the midst of impracticable roads, struggling with innumerable difficulties; his cannon sinking in bogs, his men and horses exhausted with fatigue, and deluged with perpetual rain. We have no hesitation in declaring our decided opinion, if the Russians can continue to avoid a battle, that Bonaparte must retire from Poland in disgrace. French troops, who are all enthusiasm when there is a prospect of immediate glory, sink under the hardships and calamities of protracted war, and will soon begin to curse the passionate resolution which blinded their leader to the insurmountable difficulties of a winter campaign in such a country as Poland.
ALTONA, Dec. 30.
Dantzic has a garrison of near 18,000 men; the neighbouring redoubts are defended by General Manstein, with a considerable corps; Breslau has a garrison of 8000 men. On the 6th inst. it was invested by Jerome Bonaparte, with the Bavarian and Wirtemberg troops under his command. The cannonade commenced the same day, and continued to the 19th, without making any impression.
SLESWICK, Dec. 30.
We learn that Napoleon arrived at Warsaw, on the 19th instant, where Prince Murat was confined to his bed with a cold and fever. The French have re-built the bridge over the Vistula, and established sets du points on the Bog, the Narew, and at Thorn, which latter place surrendered on the 7th inst. Skirmishes daily take place between the Russian and French out-posts on the Narew, in which the success is alternate—the Cossacks are said to have a decided superiority over the French horse.
HAMBURGH, Dec. 30.
Bonaparte, in his conversation with the Deputies of this city, made several violent sallies against Great-Britain; and, among other things, is reported to have said—"I hate the English, and the more I can injure them, the happier shall I be;"—it is hinted in a popular French Journal, that the three Hanse towns will have to pay a forced loan of 30,000,000 of francs, out of which Hamburgh alone is to contribute 15 millions!
The white flux continues to rage among the French army in Poland, besides another shocking disorder, called the Vistula-queues ( Plica Polonica .) In the latter, purulent matter flows out of the end of every hair on the head, and the hairs swell and grow down to the middle of the body, in the form of queues. The disease is almost incurable. The body of the patient is also in general covered with a leperous eruption. The Faculty of Medicine at Vienna having been consulted about the best method of curing the white flux, have returned for answer, that the patient must eat very strengthening food, and drink choice white wine. The Emperor of Austria has, it is said, offered 14,500 barrels of Hungarian wine, for the relief of the French sick.
Eight P. M.—It is now strongly reported that the French have been defeated by the Russians on the Narva.
NEW-ORLEANS, January 15.
Legislature of New-Orleans.
House of Representatives, Jan. 14, 1807. The Speaker laid before the House a letter from the hon. James Workman, judge of the county court of Orleans county, covering sundry documents, informing the House that he had adjourned the court sine die , and explained his reason therefor. The illegal arrest and transportation of certain persons, by order of Gen. Wilkinson, the overthrow of the civil authority &c. was also announced.
The letter and part of the documents were read, and the whole referred to a select committee, composed of Messrs. Donaldson, Villar, Andry, Arnaud and Hughes.
Judge Workman, and Mr. Bradford, printer, are among the persons arrested by virtue of the decree of Wilkinson.
More Arrests.
Saturday night last, a man by the name of Peoples, (of Kentucky) was arrested by the military, on suspicion of being a Burrite! It seems that he was a little intoxicated, and avowed himself to be one of Burr's party, shewed his epaulet and said he held a captain's commission. He is now confined and we suppose will be shipped off in a few days.
January 16.
Geo. John Adair was arrested on Wednesday last, and sent away about 1 o'clock next morning.
We have to apologize for the late hour at which the Gazette appears to day—it is owing to the repeated arrest of James M. Bradford, one of the Editors of the Orleans Gazette, by the military, and the employment of three persons from this office on military duty.
The same cause, added to the distracted situation of the city, prevents our taking further notice at this moment of the above and other military arrests, which have taken place for a few days past.
January 21.
The alarming state of public concerns at this moment, rendering it impossible to conduct the press with that freedom and independence which ought ever to characterize it, the editors of the Orleans Gazette are under the painful necessity of informing their patrons, that from this time until the troubles which at present agitate the public mind, are at an end, it will cease to be a political paper. The publication indeed would be entirely suspended, was it not a duty we owe our commercial friends, to continue it semi-weekly as an Advertiser. Should any important foreign matter come to hand, our readers shall speedily have it in an extra sheet. Commercial and Marine Articles will be thankfully received and we will endeavor to make our paper amusing, by a well selected Miscellany. But we cannot deceive the world, by the affectation of a free press, when it does not exist.
January 29.
The following has been handed us by a friend as part of the presentment made by the grand jury, at the late opening of the superior court of this territory!
At a session of the Supreme court of the territory of Orleans, held at the city hall of the city of New-Orleans on Saturday the 24th of January in the Year of our Lord 1807, came the Grand Jury in and for the said territory and made the following
PRESENTMENT.
"In addition to the bills of indictment now preferred by the Grand Jury for the city and county of Orleans, they feel themselves imperiously called upon to present as a most dangerous and alarming evil, the late unprecedented exercise of military power in this city. They have seen with no less astonishment than grief, the laws and the civil authority prostrated before a military force. They have seen the citizens of the U. States, and of this territory, seized upon and imprisoned by that force, and deprived of the benefit of that great bulwark of civil liberty the writ of Habeas Corpus. Nor more: they have seen the general commanding the American Army here, come before this honorable court, and openly avow such illegal acts, and declare that he would persevere in them, and to this grand jury the same general has acknowledged the commissions of such acts, and sought to justify them by alleging that they were previously advised or approved by the governor and two of the judges of this territory. Whoever his adversaries were, we hold such advice, under existing circumstances, as a total dereliction of all regard to the constitution and laws of the United States, and as striking at the very foundation of civil liberty. We enter not into the question, how far it is allowable to do evil, that good may result from it; for we are no casuists. Many specious reasons are urged in justification of those arrests. We leave to those who urge them, to show their validity and to this honorable court to form a judgment thereon."
"We present as great grievances the immense number of tippling houses, both in the city and suburbs, as well as the situation of the streets, which in many places of both are quite impassable."
"We present as a most serious grievance, the great number of gaming houses, both in the city and suburbs, of which it appears to this grand jury, that the police
officers take less notice than their duty requires."
"New-Orleans Jan. 24, 1807."
"Indorsed, a true presentment."
"EVAN JONES, Foreman."
I hereby certify that the foregoing is a true copy of the original presentment on file in the office of the clerk of the superior court, Jan. 27th, 1807.
J. W. SMITH, Clk.
Names of the Jurors.
  EVAN JONES, Foreman.     Geo. Pollock,  Ex. Arnaud,    Wm. Davie,  Edmd. Forrestall,    Wm. Mumford,  Wm. Nott,    John Paltrey,  D. Urguhart,    Wm. Kenner,  P. F. Dubourg,    Jh. M'Neil,  N. Girod,    S. B. Davis,  J. Touso,    Waters Clark,  P. Duplessie.  
Richmond, February 21.
On Thursday morning was exhibited in the Richmond market, what may be truly called a Mammoth Hog. We have heard of large animals of this species, but the equal of this we have never before seen. His weight after cleaning was 950 lbs; length from nose to tail 9 feet—girth six feet one inch and a half—the fore arms 22 inches and a half in circumference—the ears 14 1-2 inches broad, and 12 1-2 long.
This astonishing animal was raised by Col. John Mayo of this City, and we are told, the same gentleman has killed several this season that would weigh from 4 to 500 pounds.
It must be acknowledged that this Mammoth Hog is not equal to the one killed in Williamsburg, Va. many years ago, which weighed 1200 and odd pounds. See Notes on Virginia.
MARTINSBURG, March 13.
☞ We are authorised to assure the public, that Philip C. Pendleton, Esq. is not a Candidate for Congress.
To Correspondents.
☞ The conclusive and interesting address, from "A real American to the People" is come to hand, and will appear, in our next Paper.
The communication on the subject of Burr's conspiracy, shall be attended to next week.
Congress adjourned at about half past eleven o'clock on Tuesday night the 2d inst.
FOR THE INTELLIGENCER.
To the PEOPLE.
It certainly is the privilege of every citizen, in a free government, to deliver his sentiments on national affairs, provided he does it with decency and truth. After we became detached from Great Britain, and were recognised as "free and sovereign States," our first government was a simple democracy, which speedily became so enervated and insufficient, that we were glad to have recourse to another mode of jurisprudence. All the wits of the Continent were employed to digest a system, and at length appeared, what now is, and was then called, the "Federal Government." Upon its adoption, there seemed to be but one voice among the People, and that was in its favor. All was then "federal"—federal processions in every Town and City, and even some of the vegetables we ate, and the clothing we wore, was designated by the favorite epithet "federal." This Government had not long been in action before the demon faction arose, and divided the People into two parties, federal and anti-federal, and now more distinguished by federal and democrat. The wheels of government having got in motion, and most of the offices and places being filled with characters, justly supposed to be attached to the government of their choice, the outs became very restless and dissatisfied with the ins , or in other words, opposed to the government, because they were not also provided for. This in the nature of things could not be; but such is the wonderful effect of perseverance, that this small party of malcontents, comparatively speaking, so effectually worked upon the People at large, and thereby the government in the end, as to produce a change, and this change of course put the ins out , and the outs in . A retrograde manoeuvre must now be made to keep the chosen in their seats, their place of honor and profit; and how was this to be done, but in going back in part to that fatal popular system which had been given up, as a mean however, to support the influence of the prevailing party? Consequently our government has much dwindled both
as to men and measures. We are insulted abroad, and frequently threatened at home with insurrections and a dismemberment of the federative system. Men of slender talents and unsound principles, have eked themselves into power, by sly arts and low cunning, timely adapted to the prejudices and passions of the People. Our highest councils which were once renowned for their wisdom and respectability are considerably depreciated. Our state legislatures are filled also with too many improper characters, and there appears, in the body-politic, a gangrene taking place, which must prove fatal unless a due and timely application is made.—And what is it?—why, that the People will lay aside party spirit, aside, and send from among them the best and most qualified men to fill up the vacancies in their general and state government. Nothing but such a determination will save us, and render our government and country respectable. Even at this time, with all the appearance of peace, a war is anticipated. The pressing application recently made in Congress for more gun-boats and fortifications is a proof of this assertion, and the Secretary of war's immediate proposals, for the supply of Troops in every part of the union, looks more like the fear from internal enemies, than open opposers.
A real American.
WILL be sold at public vendue on Monday the 30th inst. at the house where the subscriber now lives, a great variety of Household and Kitchen furniture, among which are two Desks, a Bureau, a number of Tables and Chairs, two eight day Clocks, &c. Also, two complete and excellent sets of Smith's Tools, two good Milch Cows and a number of Hogs.—He will dispose of any of the above articles, if applied for previous to the day of sale. Nine months credit will be allowed, on giving bond with approved security.
He also wishes to dispose of his House and Lot, situate in the Main Street, Martinsburg—This House is two stories high, and is as well finished as any other House in said Town, on this Lot are several convenient out Houses, an excellent Garden, &c. He will give a great bargain in this property.
JOSEPH CHAMBERS.
TAKE NOTICE.
THE subscriber intending to remove from this country in a short time, requests every person indebted to him, to come in immediately and close their accounts, as he is determined to have all his affairs settled as soon as possible.
JOSEPH CHAMBERS.
March 13, 1807.
Public Sale.
AT the dwelling house of the subscriber, on Mill-Creek, will be offered for sale, on Friday the 27th inst. a large stock of young Horses, some fat cattle, three or four Stalls, containing 72, 96, and 108, gallons, a variety of Farming Utensils, and Household Furniture.—The terms will be made known on the day of sale.
JOHN GRAY.
March 13, 1807.
I would also rent for one year, the Public House and three lots in Darkersville, belonging to the heirs of Joseph Lamon, dec'd.—immediate possession may be had, and two tenements on timber ridge convenient to a merchant mill.
JOHN GRAY, Guardian.
March 13, 1807.
TAKE NOTICE.
ALL persons having unsettled accounts standing in the books of the subscriber, are requested to come forward immediately, that full settlement may be made; as a number of those accounts are of long standing, it is his determination to close up his books until they are fully settled.—Those having any demands against him are likewise desired to come forward, as he is determined to close his business in the public line in a short time.
He has a number of Houses and Lots in Middle-Town to rent on the 1st of April next, and several small tracts in the country, one of which is adjoining said Town, & would suit a weaver, tailor or shoemaker, having a small family; here is a number of fruit trees in a good place; it will be rented low.—I also wish to rent my Tavern Stand to some gentleman who will call on me before the first of April next, if wish to rent.
GEORGE LAMON.
Middle-Town, March 13, 1807.

Just Received.
THE subscribers have just received a handsome assortment of Fresh fancy Goods,
among which are Elegant superfine broad Thread Lace, Superb Ladies Grecian Dresses, Plain spotted and needle worked Leno Muslins, Plain Cambric and Lace ditto, Ladies fashionable Cap Patterns and Neck Handkerchiefs, Fashionable split straw and Leghorn Bonnets, Plush Velvet and Camel's hair Shawls of all colours, Ladies and Gentlemen's white Kid Gloves, ditto Silk, Changeable Lutestring, Silk and Cotton Chambay Muslins, Ladies patent cork soled Shoes, Ditto Morocco and Kid Slippers, Gentlemen's imported and country-made Hats, Superfine 4-4 Irish Linens, low-priced ditto, and 5-4 Sheeting, Best superfine Calicoes, new patterns, Compton and low-price ditto, Best superfine London Broad Cloths, President's, Bennett's and Constitution Cords, Velvets and Fancy Cords, Gentlemen's fashionable cut Silk Velvet Vest Patterns, Bennett's Fancy Cord ditto and Swan- downs. They have remaining, a few Flannels, Blankets and coarse Cloths, which they will sell low to close the sales. Also on hand, a large supply of Bar- Iron, Plow Molts, Steel and Castings; China, Glass, Queens, Stone and Tin Ware, with a complete assortment of Saddlery, Hardware, Groceries, Paints, Oil, Patent and other Medicines; a large quantity of old Whisky, distilled in Maryland out of pure rye.
Fresh Clover Seed,
Of last year's growth as will appear from the following certificate: "I do hereby certify that the load of Clover Seed which I have this day sold James & John Lane, merchants, of Shepherd's-Town, is good, sound, fresh Clover Seed, all of last year's growth; it being raised on my own farm, in Lan- caster County, Pennsylvania. Given under my hand this 11th day of Feb- ruary, 1807." "Attest, Martin Sheets." All which they will sell low, and re- quest all those who wish to get CHEAP BARGAINS to call on them at the Market- house square.
JAMES & JOHN LANE, Shepherd's-Town, Feb. 18, 1807.
P. S. They earnestly request all those indebted to them, and whose bonds, notes and accounts are due, to discharge the same before the first of next month, so as to prevent trouble and expense to themselves. (The necessity of punctu- ality must be obvious to every reflect- ing mind.) They will receive Flour, Wheat, Rye, Corn, Oats and Flax- Seed in payment, and allow the highest market price. JAMES & JOHN LANE.
NOTICE is hereby given, that an ELECTION will be held at the Court-House in Martinsburg, on the Mon- day after the third Tuesday in April next, for the purpose of choosing a fit person to represent the District composed of the Counties of Berkeley, Jefferson & Hamp- shire, in the House of Representatives of the United States. NICHOLAS ORRICK, Sheriff. February 20, 1807.
NOTICE is hereby given, that an ELECTION will be held at the Court-House in Martinsburg, on the Monday after the third Tuesday in April next, for the purpose of choosing two fit persons to represent the County of Berke- ley in the General Assembly of this State. NICHOLAS ORRICK, Sheriff. February 20, 1807.
NOTICE is hereby given, that an ELECTION will be held at the Court-House in Martinsburg, on the Mon- day after the third Tuesday in April next, for the purpose of choosing a fit person to represent the District composed of the Counties of Berkeley, Jefferson & Hamp- shire, in the Senate of the United States. NICHOLAS ORRICK, Sheriff. February 20, 1807.
FARMERS ATTEND. WILL be sold at public vendue, on Wednesday the first day of April next, that beautiful FARM where Jacob Miller, dec'd, formerly lived, lying in Jefferson County, on the road leading from Shepherd's-Town to Charles-Town, nearly in the centre, and adjoining the plantation on which the late Gen. Darks formerly lived, containing 100 acres, one third of which is well covered with timber. This Farm, for beauty and convenience, exceeds any of its size in Berkeley, Jefferson or Frederick; the land is of the first quality and lies level; there are fifteen acres of excellent Mea- dow with a stream of water running thro' the middle of the same; there are seve- ral never failing springs that issue out near the dwelling house; the improve- ments are two Dwelling Houses, a good Barn, fine Stable and Smoke House, an excellent Still-House with plenty of over- head water, a Milk House and Black- Smith's Shop, with a fine Orchard of Fruit trees; the Houses are all in good repair. The sale of the Land will be on the premises, precisely at ten o'clock in the forenoon. There will likewise be offered for sale on the premises in Charles-Town, on the same day, about two o'clock, in the afternoon, two half acre LOTS, one si- tuate on a corner on the Main street; the improvements are two log Houses and other necessary buildings; the houses are two stories high and well finished with good cellars under them; these hou- ses are in a fine situation for any kind of public business; they will be sold toge- ther, or separate, as may best suit the purchasers. The other Lot is in a good part of the town, but without improve- ments. The terms will be one half down, and the remainder in easy annual pay- ments. JOHN MILLER and HENRY MILLER, } Admrs Feb. 13, 1807.
Jefferson County, ss. October Court, 1806. William M c Cornick, Complainant, AGAINST William Hiett, Benjamin Bell, Wil- iam P. Flood, Joseph Bell, jur. John Daniel, and Samuel Daniel, D fs , IN CHANCERY. THE defendant William Hiett, not having entered his appearance a- greable to an 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, upon the motion of the complainant by his counsel, it is ordered, that the said defendant William Hiett, appear here on the second Tuesday in April next, and answer the complainant's bill, and that a copy of this order be forthwith in- serted in the Berkeley and Jefferson Intelligencer for two months successively, also published at the front door of the court house of the said county for the same length of time. A Copy. Attest, GEORGE HITE, c.s.c.
BOLTING CLOTHS. JUST received an extensive assort- ment of best warranted BOLTING CLOTHS, of every description, which will be sold unusually low, by KENNEDYS & RAGAN. Hagers-town, June 3, 1806. [17]
Jefferson County, ss. November Court, 1806. Joseph Brown, Complainant, AGAINST Alexander Saunderson and John Young, defts. IN CHANCERY. THE defendant, Alexander Saun- derson, not having entered his ap- pearance agreeable to an act of Assem- bly and the rules of this Court, and it appearing to the satisfaction of the Court, that the said Alexander Saunderson is not an inhabitant of this Commonwealth, upon the motion of the said Complainant, by his counsel, it is ordered that the said Alexander Saunderson do appear here on the second Tuesday in April next, to answer the bill of the Complainant, and that a copy of this order be forthwith in- serted in the Berkeley and Jefferson In- telligencer for two months successively, and posted at the door of the Court- House of said County. A Copy. Teste, GEORGE HITE, c.s.c.
CASH given for clean Linen & Cotton RAGS At the Office of the INTELLIGENCER.
Fresh Clover Seed. THE subscriber has just received a quantity of excellent Fresh CLO- VER SEED, which he will sell at low terms. WALTER B. SELBY. Shepherd's-Town, Feb. 13, 1807. The subscriber has for sale a quantity of Fresh Clover Seed, and ground PLASTER of PARIS. RICH WILLIS. Jefferson County, Feb. 13, 1807.
Berkeley, ss. February Court, 1807. John Swann, Complainant, AGAINST Jeremiah Dunn, Andrew Bowman and Joseph Foreman, Defendants, IN CHANCERY. THE defendant, Jeremiah Dunn, not having entered his appearance agreeable to an 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 said Jeremiah Dunn do appear here on the Monday af- ter the third Tuesday in April next, to answer the bill of the Complainant, and that a copy of this order be forthwith in- serted in the Berkeley and Jefferson In- telligencer for two months successively, and published at the door of the Court- House of the said County. A Copy. Teste, DAVID HUNTER, c.s.c.
NOTICE is hereby given, that an ELECTION will be held at the Court-House in Charles-Town, on the second Tuesday in April next, for the purpose of choosing a fit person to repre- sent the District composed of the Coun- ties of Jefferson, Berkeley & Hampshire, in the House of Representatives of the United States. ALEXANDER WHITE, Sheriff. February 27, 1807.
NOTICE is hereby given, that an ELECTION will be held at the Court-House in Charles-Town, on the second Tuesday in April next, for the purpose of choosing two fit persons to re- present the County of Jefferson in the General Assembly of this State. ALEXANDER WHITE, Sheriff. February 27, 1807.
NOTICE is hereby given, that an ELECTION will be held at the Court-House in Charles-Town, on the second Tuesday in April next, for the purpose of choosing a fit person to repre- sent the District composed of the Coun- ties of Jefferson, &c. &c. in the Senate of this State. ALEXANDER WHITE, Sheriff. February 27, 1807.
FOR SALE, A VALUABLE Tract of lime-stone LAND, containing about 260 a- cres, lying on Mill-Creek, Berkeley County, and adjoining the stone house tavern place; there is about 160 acres cleared and under good fence, and the balance clothed with excellent timber; 4 acres of meadow are made, & 12 more could be made, which may be watered with a wheel. The improvements are a comfortable dwelling house with a good kitchen adjoining, smoke house, and other convenient out houses: There is also on the premises an excellent new barn, 24 by 63 feet, within 20 yards of the water; a good apple orchard, and various kinds of other fruit trees. This tract of land is level, and in other respects well adapted to farming; it is in sight of the road leading from Marti- nsburg to Winchester, and about 12 miles from each place. Any person wishing to purchase can know the terms by ap- plying to the subscriber living on the premises. HUGH DAVIDSON. February 27, 1807.
TAKE NOTICE. ALL persons indebted to the estate of Wm. Burns, sen. dec'd. whose Bonds, Notes and accounts are now due, are requested to come forward and make payment immediately, as no indul- gence can or will be given. JOHN BURNS, sen'r. February 27, 1807.
NOTICE. THE subscriber, for the last time, earnestly requests all persons in- debted to him, to come forward and set- tle their accounts, which they may dis- charge by Cash, Country produce, or by giving their notes.—Those who fail to come forward before the 15th of March next, may expect no further indulgence, and their accounts will be immediately put into the hands of the proper officer. The subscriber will attend as formerly in his line as Practitioner of Physic and Surgery, on the most reasonable terms, and on a short credit. The publick's most obedient humble servant, FREDERICK ALBRIGHT. Martinsburg, Feb. 27, 1807.
FOR SALE OR RENT, THAT commodious House, at pre- sent occupied by Mr. James An- derson, fronting on King and German Streets. It is well calculated for any Public business, and has for many years been known as a Tavern, by the sign of the Buck. Possession may be had on the first of April next. For further par- ticulars apply to the subscriber near Mar- tinsburg. PETER GROVE. February 27, 1807. Berkeley, ss. January Court, 1807. John Motter Adm. of Catherine Mot- ter, dec'd. Complainant, AGAINST Benjamin Couchman, Frederick Couch- man, Michael Couchman, Malchi Couchman and Henry Couchman, Defendants, IN CHANCERY.
THE defendants, Benjamin Couch- man, Frederick Couchman, Mi- chael Couchman and Malchi Couchman, not having entered their appearance a- greable to an act of Assembly and the rules of this Court, and it appearing to the satisfaction of the Court, that they are not inhabitants of this Common- wealth, on the motion of the Complain- ant by his Counsel, it is ordered, that said Benjamin Couchman, Frederick Couchman, Michael Couchman and Malchi Couchman do appear here on the Monday after the third Tuesday in April next, to answer the bill of the Complain- ant, and that a copy of this order be forth- with inserted in the Berkeley and Jeffer- son Intelligencer for two months suc- cessively, and published at the door of the Court-House of the said County. A Copy. Teste, DAVID HUNTER, c.s.c.
FOR SALE, A TRACT of LAND, containing about 900 acres, one half of which is cleared, the balance well timbered; and a considerable quantity of well wa- tered meadow. On the premises is a good Merchant Mill and Distillery, on a never failing stream of water, and in sight of the Potomak river. This tract can be divided into several different ten- ements, with a Dwelling House and Barn to each; it is of the first rate lime- stone quality; and is situated in Berkeley County, Virginia, on Potomak river, 10 miles from Martinsburg, 8 from Wil- liamsport, and 15 from Mercersburg. This land will be sold together, or divi- ded into two tracts, as may best suit the purchaser. A good bargain will be gi- ven to a purchaser, in the mill and one half the land, on paying about two-thirds of the purchase money in hand. For terms apply to the subscriber on the pre- mises. GEORGE NEWKIRK. April 18, 1806.
MARTINSBURG, Berkeley County, Virginia; Printed and published by JOHN ALBURTIS.
TERMS OF THE INTELLIGENCER. THE price of this Paper is two dol- lars 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-sub- scribers, is one dollar per square for three weeks insertion, and for continu- ance after that time 25 cents per week; Subscribers will continue to receive a re- duction of one-fourth on their Advertis- ements.