Berkeley and Jefferson intelligencer (Martinsburg, Va.), 1807-02-20 00:00:00

Berkeley and Jefferson Intelligencer.
[No. 40 or Volume VIII.]
FRIDAY, February 20, 1807.
[WHOLE No. 404.]
Mr. RANDOLPH'S SPEECH.
On the motion to reject the bill received from the Senate for the suspension of the Habeas Corpus, delivered in the House of Representatives on Monday January 20.
I shall give my vote in a very different manner from the gentleman who has just sat down. I was extremely happy to witness the very prompt and decided opposition this measure received in the house, and from the quarter whence that opposition originated; and I subscribe with the greatest pleasure to the sound constitutional doctrine, which the gentleman from Pennsylvania advanced this morning before our doors were opened. We are now told that to reject this bill at its first reading, will be to depart from the usual course of proceeding in this house, and an attempt is made to enlist the feelings of members so far at least as to permit the bill to progress one step farther, that we may avoid violating that decorum which ought to be observed between the two houses. I do not, however, consider the subject in this light. I conceive, on the contrary, it is as competent to us to reject the bill on its first as on any other reading. I well recollect that about eight years ago an important bill was smuggled through the house by this fastidious mode of proceeding. Gentlemen were allured from their honest opinions, and finally by finesse and management the bill was carried through the house. I understand that this course is pursued by the other branch of the legislature on bills carried from this house; and I believe it will be found that with regard to the passage of bills between the two houses, the course of procedure on the part of this house is more liberal than that pursued in the other. For I do not recollect a single instance in which the veto of a single member can stop the passage of a bill in this house received from the other branch of the legislature. I, therefore, feel no scruple on this score. I think it just as well to say, that we will permit this bill to pass a second or third reading, as to say that though we are opposed to the principle contained in a resolution which may originate in this house, we will nevertheless permit a committee to bring in a bill to carry it into effect, because we may destroy the bill at its last stage. This appears to me to be a strange course of reasoning. It is like permitting yourselves to be bound in chains that you may be loosed again, or going into prison that you may afterwards come out. Gentlemen talk of the propriety of discussing this subject, but when a subject is so clear that every man has made up his mind upon it, where is the need of discussion? If it is not so clear, will any gentleman say that the discussion now had, in which every member has a right to speak twice, which is once more in my opinion than is necessary, will not be sufficient to develop all the merits and demerits of the bill? Will gentlemen undertake to say, if every member shall give the matter, or as it may be, crude suggestions of his mind, that the subject will not be sufficiently discussed, and lead to the formation of a correct judgment? I believe it will. And therefore on this ground, a bill may as well be decided at its present stage as before the committee of the whole.
Some gentlemen to whom I have listened with considerable gratification, tell us that out of respect to the other branch, we ought not at this time to reject the bill. I however feel no such respect on this occasion, and shall express none. On the contrary, I am free to declare, that when a measure, tending to impose a burthen on the people, or to protract from the privileges of the citizen, comes from that quarter, I shall always view it with jealousy. The inequality of the representation in that branch, the long tenure of office, and the custom to which they are so familiar of conducting their proceedings in conclave—[The house will recollect how long it was after the adoption of the constitution before the public could get admission even into their two penny gallery]—render all their proceedings, touching the public burthens, or the liberties of the people, highly suspicious. And to say the truth, I am not at all surprised that they did lose their doors on this occasion, that
they might not be under the inspection of the public eye, while they were passing the bill on the table. I say so, because I am willing to abide by the good old principle of judging all men by myself, and if I had introduced such a bill, I should have been glad my name did not appear on the journals, that the public might not know to whom they were indebted for such a precedent.
I have another objection to the bill, besides that of the quarter from which it originated, or the manner in which it has been presented to the house. It appears to my mind like an oblique attempt to cover a certain departure from an established law of the land, and a certain violation of the constitution of the U. S. which we are told have been committed in this country. Sir, recollect that congress met on the first of December; that the president had information of the incipient stage of this conspiracy about the last of September, that the proclamation issued before congress met, and yet that no suggestion either from the executive, or from either branch of the legislature has transpired touching the propriety of suspending the writ of habeas corpus until this violation has taken place. I will never agree in this side way to cover up such a violation, by a proceeding highly dangerous to the liberty of the country, or to agree that this invaluable privilege shall be suspended, because it has been already violated, and suspended, too, after the cause, if any there was, for it has ceased to exist. No, I wish to be true to those principles which I have constantly maintained, and God willing, ever will maintain, so long as I have a seat on this floor, or have life. It has heretofore been the glory of those with whom I have acted, that in all our battles we have combated for the principles of the constitution and the laws of our country in the persons of those in which they have been attempted to be violated, however infamous and contemptible. When those principles were prostrated under the sedition law, what did we say? That the character of the man accused could not change the laws of the land, or impair his rights; that we would support the constitutional rights of the citizen, in the meanest reptile, as well as in the persons of those who occupy the highest stations in society. We have done so; let us continue to do so, regardless of popular clamour or odium, and we shall still continue to find ourselves on the true ground. We never enquired what kind of a man Callender was; we said such is the law and the constitution; let justice take its course. I could quote other examples equally strong; but in deference to the feelings of the house I shall desist from doing it.
I beg pardon for detaining the house so long. I will, however, endeavor to express the remaining ideas I have to offer in a few words. There is another consideration which renders this bill highly objectionable. I consider the case as now at issue, whether the U. S. is under a military or civil government, or in other words, whether the military government is subject to the civil power, or the civil authority to the military. I conceive that a case has occurred, in which the military has not only usurped the civil authority, but in which it has usurped nothing short of omnipotent power; and I consider this bill as calculated to give a softening and smoothing over to this usurpation; and on this ground I cannot assent to it. Suppose this bill either to pass or not to pass, what has been the practice under the constitution? By the expression under the constitution, I do not mean conformably to it. Men have been taken up by a military tribunal, and have been transported contrary to law. I say transported, for if a man can be transported from the district where the offence with which he is charged was committed, he may also be transported to Cayenne, or transported to Botany Bay. And even you yourself [addressing himself to the speaker] if such acts be sanctioned by this bill, in your passage from this house to your lodgings, may be arrested, put on board a vessel, and carried whithersoever the military authority may choose. To this I will never give my consent. It has been very well remarked by my colleague, that this is not the first case in which an insurrection has occurred in the U. S. but that it is
the first case in which an attempt has been made to suspend the precious privilege of the writ of habeas corpus. I put it to any man, whether now that we have received information of the extent of this conspiracy, and when we had that Cataline, Cethegus and Lentulus have not as many brother conspirators as themselves, this conspiracy is equal to that in Pennsylvania in 1794 or 1795? In physical force it is not comparable to it, however is intellectual talent it may be. I conceive then that according to the constitution of the U. S. there is not one case in which the writ of habeas corpus can be suspended, and I should not go into this view of the subject if it had not been insisted by all those who have proceeded me in the debate. My view of the subject is this—that this privilege can only be suspended in cases in which, not merely the public safety requires it, but that the case of the public safety requiring it must be united with actual invasion or actual rebellion. Now with whatever epithets gentlemen may dignify this conspiracy, I am not even of the opinion of the gentleman from Maryland (Mr. R. Nelson)—I think it nothing more nor less than an insurrection —and I am happy that I can declare on the honor, not of a soldier, but of a citizen, that I believe it to be a foreign intrigue, availing itself of domestic materials for answering its purposes; and poor indeed must be the situation of this, or of any other state of society, which would not furnish such materials.
A gentleman from Massachusetts has stated to the house that the organization and administration of the government at this time forbids the apprehension of any abuse being made of the powers delegated under this law. Surely, sir, the gentleman could not mean to urge this as a new thing. He must have known, if he had consulted history, as doubtless he has, that the king de facto and the administration de facto is always above suspicion—that there was never a proposition brought forward, that did not find a majority ready to say, there is surely no danger of any improper use of this power in our time, for we are all honorable men, and we would not delegate it, if an improper use could be made of it; and that if we reject a measure, we ought not to do it so much on account of ourselves, as on account of those who come after us. And what will those who come after us say of us? They will follow our examples and declare that the character of their forefathers was above every doubt and every suspicion. Now, for myself I beg leave to be permitted to disclaim every argument of this kind. I do not indeed consider it fair to introduce such an argument. Let us take up the question on its own merits and demerits, without any allusion or reference to our own virtues or the degeneracy of posterity. For myself I have no hesitation in saying, that I will not grant this power at any time, except under the most imperious necessity; and I say this without any disrespect to this honorable body, or to any of the public functionaries. Take man as he is, and in his best estate, you find an animal prone to abuse and to corruption. There does not exist a single constitution or law in the world, that does not enforce this salutary truth.
I shall consider this bill, if it passes, as establishing a new era in the government. When I was a boy I recollect to have consulted such chronological tables as I could get access to. I recollect to have read that at a certain time monarchy was abolished in Rome; a little while after the first dictator was named—then the second dictator—and I believe, as in a case of apoplexy, she scarcely got over the third fit. I believe a suspension of the writ of habeas corpus might have here the same effect as the establishment of the first dictatorship at Rome. In what situation would it place yourselves and the citizens of this country? It would leave them at the mercy, not merely of a justice of the peace, but at the mercy of every subaltern officer of the army and navy. I believe it would comport as much with the safety and interest of this confederacy to give us power to send these people off, as to put this power in their hands. I believe we should be as trust-worthy as they. And let me ask what compensation to an innocent man, to a man of honor and feeling,
to a man of character, who should be tied neck and heels and sent off to New Orleans, and who should ultimately be proved to be innocent, I ask what compensation it would be to him to bring an action of damages?—Against whom? A man without visible property—and what action? An action on the most mercenary principle, to be indemnified in his fame, by dollars, dimes and cents. The injury would be irreparable. At present all stand under the law. If any one offend, let him be brought under it. But in this way, to put a man in an oyster boat or skipper, and transport him to a distance from the place of his arrest, and then say he shall have a remedy, in case of his innocence, against an inferior officer, is absurd. If we pass such a bill, which God forbid, it should contain a large appropriation, and government should be obliged to make good the injured party—to afford him redress. I say they should grant a large appropriation, for it is not for them with epaulettes and gold buttons to make reparation. If the bill passes, we are told it will be but temporary. Why, the sedition law was but temporary; and I think, sir, (alluding to the Speaker) you were one of those who aided its passage much against your will, by being present at the altar when it was more than once re-enacted. As to its three months continuance, I consider that as one of the most objectionable features of the bill—As a bait to the trap—as the entering wedge.
If it is made reconcilable to the interests and feelings of the house to pass it for 3 months, do you think we will then feel the same lively repugnance to it that we do now?—No, it has been truly said, that no man became perfectly wicked at once—and it may be affirmed with equal truth, that a nation is never enslaved at once. Men must be initiated by degrees and their repugnance must be gradually overcome. Let me state a case. 'Tis proposed to extend the time of service of the executive magistrate from four to five or eight years, or for life. If it be prolonged for a term, do you believe we shall stop at its expiration? No: Once extended for life, he will then claim the power to choose his successor, and the hereditary principle will follow. This is the old trick. Let me however tell gentlemen that old birds are not to be caught with chaff, though unfortunately for them the mass of mankind does not consist of old birds. Pass one other law and I would quit the country. A twin brother to this same bill was introduced into the British parliament in seventeen hundred and ninety four, and that bill to prevent seditious assemblies, was brought forward for about as good reasons as this. According to it if four or five persons assembled and refused on the notice of a magistrate to disperse, they were considered guilty of a seditious conspiracy and were dispersed by force. These two bills form a complete tyranny, and tyranny of the most odious kind because established under the mask of liberty. Was not the tyranny of Robespierre less intolerable, oppressive or odious because inflicted in the name of the people, than a like tyranny in Turkey under the grand seignor and his mufis? Take one other thing along with you. These two iron wounds inflicted on the liberties of the English nation, were inflicted by a man who came forward in the character of a reformer; by the man who came forward as the advocate of a parliamentary reform, from which circumstance he acquired that popularity which enabled him to inflict those deadly wounds on the liberty of his country.
Having said so much with regard to the principle, permit me to add one word on the details of the bill.
There is a departure in it from the known, accustomed and received language of the constitution in the use of the word authority; the words are "warrant or authority;" the expression is in my opinion too lax. Perhaps we may be told that the bill may be amended on the third reading. But my objection to the principle contained in it is such, that I will not consent to carry to a third reading that, which under no amendment can be rendered palatable to my taste. Mr. Randolph concluded by observing that he had so far exhausted himself that he was unable to go on.

SKETCH  Of the proceedings of the Virginia Legislature, 1806-7.
STATE OF THE FINANCES.  Estimate of the expenses of the Government for one year, commencing on the 1st day of October, 1806, and ending on the 30th of September, 1807, inclusive, and of debts for which appropriations have been made during the present session:—
  Expenses of General Assembly, 40,000 00   Officers of civil government, 48,000 00   Officers of Militia, 4,000 00   Criminal prosecutions and guards, 35,000 00   Slaves executed and transported, 5,000 00   Lunatic hospital, 6,500 00   Richmond public guard, 15,000 00   Building the manufactory of arms, including unliquidated claims, 4,000 00   Expense of manufacturing arms, including officers salaries and unliquidated claims, 44,000 00   Foundry and boring mill, 7,300 00   For repairs to the James river canal Warehouse, 100 00   Expense of public warehouses, 4,000 00   Expenses of removing convicts to the penitentiary, and of their confinement therein including officers' salaries, 8,000 00   Public services of district court clerks, 2,300 00   Interest on the public debt registered, 5,300 00   Interest due persons who paid money into the treasury for British debts, 3,000 00   Pensioners, 5,000 00   Expenses of representation to congress, and the state senate, 400 00   Instalments on state shares in the bank of Virginia, 30,000 00   Interest payable to the bank in January & July next, 9,000 00   Commissioners of the Revenue, 13,500 00   Contingent Fund, 13,750 00   To discharge the debt due to the representative of Doctor Tho's Walker, 5,529 57   For payment of Warrants that may be drawn on the Militia Fine fund, 400 00   For payment of sums which may be directed by special acts of the present session,   For upper Appomattox company, 625 00   To pay the debt due the estate of Robert Tucker, deceased, 19,208 33   Dollars 347,207 00 
Resources to meet the foregoing Expenditures:—
  One year's revenue tax, and tax on mercantile licenses, 275,380 00   Surplus on tobacco exported, 18,000 00   On Law Process, &c. 16,000 00   Register's Fees, 2,500 00   Probable dividend on the state shares in the bank, on the 1st January and 1st July, 1807, 34,000 00   Probable receipts from Slaves transported, 2,000 00   Probable dividend on state shares in James river company, 2,500 00   For fines and penalties, 4,000 00   Probable receipts from the sale of lands in the county of Prince William, formerly belonging to Robert Bristow, 12,000 00   Dollars 355,380 00 
Resolved, That it is inexpedient to increase the permanent taxes of this Commonwealth.
  The Permanent Taxes are:   On lands, for every $100 value D. C. according to the equalising law, 00 48   On every slave above 12 years old, except those exempted as heretofore, 00 44   On every Stud horse & Jack ass, twice the price of the season,   On all other horses, mules, mares and colts, each, 00 12   On every ordinary license, 12 50 
  On every 6 wheeled riding carriage, except phaetons & stage waggons, per wheel, 1 25   On every phaeton & stage waggon, per wheel, 00 84   On every other riding carriage with 2 wheels, per wheel, 00 48   On lots and houses in town, for every $100 of rent, 1 50   On every merchant selling by wholesale and retail, for each store, 40 00   On every retail merchant, for each store, 15 00   On every hawker and pedlar, 20 00 
Penitentiary System.
  Criminals received. Crimes for which the culprits are now confined.   In 1800 21 For murder in 2d degree 14   1801 33 Grand larceny 32   1802 44 Forgery & counterfeiting 3   1803 55 Burglary 8   1804 41 Horse-stealing 29   1805 50 Manslaughter 3   1806 39 Rape 3   Total 283 Highway robbery 1   Discharged 132 Insurrection 1   Escaped 3 Felony 21   Died 14 Stabbing 3   Remaining 113 Maiming 1   Misdemeanor 3   112 
  Of whom there are 20 white men—20 black men—2 white women—8 black women.   Since the institution went into operation 5 have returned for new offences.   Balance against the institution last year, from its interior operations, $3,060 33   Operations of the Manufactory of Arms.   Articles manufactured in the year ending with the 30th day of November, 1806, with the prices annexed to each.   D C M   1265 muskets with short bayonets 10 86 5   305 do. with long bayonets 11 1 0   579 pistols 7 52 0   633 cavalry swords $ 29 6   440 polished iron scabbards, lined with wood 2 78 4   161 artillery swords 4 30 5   128 set artillery sword tips for scabbards 52 2   84 rifles 17 2 6   Amounting, at the above prices, to 28,393 84   Component parts of arms on hand Nov. 30th, 1806, value, 37,738 59   Stock of unwrought materials, on hand, same date, 18,763 69   D. 84,896 5   Against which the institution is to be debited as follows, viz:   For component parts of arms on hand, Nov. 30th, 1805, 25,821 27   Unwrought materials on hand same date, 2,409 70   Expense of the year ending 30th November, 1806, 50,875 2   D. 84,896 5 
MILITIA.
  Number of MILITIA in the commonwealth of Virginia, taken from the annual return for 1806.   General Staff.   Major Gen's. 4   Brigadier Gen's. 19   Adjutant Gen. 1   Aide-de-camp 8   Brigade Inspectors 19   Field Officers.   Lieut. Colonels 98   Majors 189   Total of officers & privates of the Infantry 73,144   Cavalry 2,546   Artillery 1,012 
The last returns are very incomplete, 3 regiments in the 3d division, and 2 in the 4th being deficient. The artillery returns are deficient more than one half, and the cavalry very imperfect.
PUBLIC ARMS.
  Muskets distributed among the main body of the militia 16,081   Allotted but not distributed 1,446   Sent to volunteer companies, from the armory, under the act of 1803 436   Total allotted and distributed 17,963   Muskets in the arsenal, exclusive of those stamped for the reg'ts 1,713   At the armory 4,765   Blades at the armory 99   Total on hand fit for use 6,577   Muskets in the arsenal unit for use, sent from the Point of Fork 7,000   Pistols delivered prior to 1806 sent from the armory during the year 1806 191   Total distributed 725   Pistols at the armory (made there) 320 
  —made at Philadelphia 256   576   Swords delivered prior to 1806, —sent from the armory during the year 1806 319   535   Total distributed 854   Swords at the armory (made there) 1,083   —made at Philadelphia 234   Total on hand 1,337   Artillery and Grenadier swords in the arsenal 700 
Acts of a Public Nature, passed at the Session 1806-7.
1. An act concerning the attendance of witnesses in the Inferior Courts.
The clerks of the county and corporation courts are empowered to administer the oaths, and receive and enter the attendance of witnesses at such courts, and to grant orders of attendance, in the same manner as clerks of district courts may now do, as to witnesses attending those courts. (To commence the 1st of March next.)
2. An act to amend the several acts empowering securities to recover damages in a summary way.
When any court shall hereafter render judgement, on motion, in favor of a security or his representatives, against any principal and his representatives, for any sum of money or quantity of tobacco; such court shall allow interest from the time such money or tobacco shall have been paid by the security, till the judgement is discharged.
3. An act further to extend the jurisdiction of justices of the peace.
When any debt or penalty exclusive of interest, or the subject in controversy in trover and conversion or detinue, shall not exceed $20, any one justice may determine it and give judgement, according to the principles of law and equity, for principal and interest, or the value of the subject in controversy with damages and costs, and award execution to be directed to any constable or other officer within the commonwealth, against the goods and chattels of the party, to be executed and returned as other writs of feri facias ; but no execution against the body shall be granted by a justice: Provided , That no justice shall take cognizance of an attachment where the sum demanded shall exceed $10.
The cause of action shall be stated in every warrant for debt, detinue or trover; which warrant shall be returnable before the same, or some other justice, at a certain day, not exceeding 30 from the date.
On judgements exceeding $10, exclusive of costs and interest, execution shall be stayed 40 days, on the parties giving such security as the justice rendering the judgement shall approve, for the payment thereof with interest till it is satisfied. And if it is not paid within that period, execution shall be granted by such justice against the party and his security jointly, on which no security shall be taken.
Either party, where the debt, or subject of trover, or detinue or damages exclusive of interest shall exceed ten dollars, or the sum demanded on any penal statute shall exceed $5, may, within 5 days from the rendition of the judgement, enter an appeal to the next monthly term of the county or corporation court, giving such security as the justice rendering the judgement shall deem sufficient for the payment thereof, and all costs and damages in case it shall be affirmed.
The verbal acknowledgment of any security required to be taken by this act shall be sufficient, and the endorsement of the justice of the name of such security upon the warrant, on which the judgement is rendered, shall be conclusive evidence of such acknowledgment.
Appeals shall be tried in a summary way without pleadings in writing on the day to which they are returnable, unless good cause for a continuance be shewn; and the courts shall decide thereon according to the principles of law and equity.
Upon an affirmance, the judgement shall be entered against the principal and his security jointly, for the amount of the original judgement and costs of appeal, with damages after the rate of 10 per cent. per annum upon the whole amount of the original judgement and costs from the date thereof till payment, and execution thereon shall issue against both principal and security, to be endorsed "no security to be taken." And if the judgement be reversed the appellant shall recover full costs.
Every justice from whose decision an appeal is prayed, shall on or before the day to which it is returnable, transmit
to the clerk the original warrant, with the judgement and name of the security endorsed thereon. And the clerk shall docket it if it and be entitled to the same fees upon such appeals as are allowed to clerks of district courts for similar services.
Any person who shall be compelled to pay money as security under this act, or his legal representatives, shall have the same remedy against the principal, and his representatives, by motion, for the amount paid with interest and costs, as other securities are entitled to.
When the constable or other officer to whom an execution shall hereafter be directed by a justice shall not be able to find goods and chattels to satisfy it, he shall make return thereof to the clerk of his county or corporation, who shall docket the same. And the party shall be entitled to such writ or writs of execution for the amount due, as if the judgement upon which such execution issued had been rendered in court. And the same proceedings shall be had upon executions to be issued by the clerks under this act, and they shall have the same fees for their services, as in the case of executions founded upon judgements rendered by a court of law.
Every justice shall have power to issue executions and subpoenas for witnesses to be directed to the constable or other officer of any county within the commonwealth, where the party or witness resides. If any constable or other officer shall fail to make return of any execution to be directed under this act, on or before the return day—(which shall in no case exceed 60 days from the date) any justice, on 10 days notice, upon motion of the party injured, may fine such constable or other officer, in any sum not exceeding 5 per cent. a month, upon the amount of such execution, counting from the return day.
Whoever shall bring any action or suit, if it shall appear, either by his own shewing, or the verdict of a jury, that a justice had cognizance under this act, shall be nonsuited.
Lawyer's fees, upon appeals under this act, shall be the same as heretofore allowed upon petitions and summonses, to be taxed in the bill of costs.
If any constable or other officer shall hereafter receive any money or tobacco upon any execution hereafter to be directed by any justice, and shall not pay the same to the party entitled, on the return of such execution, the party injured or his legal representatives shall have the same remedy, by motion, for the sum received with interest and costs, against such constable or other officer and his security or securities, his, her or their executors and administrators, to which he would have been entitled against a sheriff for money received on an execution issued upon a judgement of a court of law. And the court of the county or corporation in which the bond of such constable or other officer is, or shall be deposited, shall have power to hear such motion, and to render judgement thereon.
Every court reversing the judgement of a justice, shall pronounce such final judgement, as, in their opinion, such justice ought to have rendered.
All acts contrary hereto, and particularly so much as relates to petitions for small debts &c are repealed. But all petitions undetermined before the commencement of this act, shall be proceeded on, as if this act had not been made. (To commence the 1st day of June next.)
4. An act declaring the law in cases of discounts and offsets.
Upon the trial of any suit, in a court, for any debt due by judgement, bond, bill or otherwise, the defendant shall have liberty to make all the discount he can against such debt, and upon proof thereof, the same shall be allowed in court. (To commence the 1st of May next.)
5. An act to amend the act for reducing into one the several acts prescribing the oath of fidelity, and oaths of Public officers.
Any person refusing to take an oath in the manner the same hath heretofore been usually administered, and declaring religious scruples to be the true and only reason of such refusal, if he or she shall use the solemnity and ceremony, and repeat the formulary observed on similar occasions, by those of the church or religious society of which such person professeth to be a member, or to join in communion with, or shall use the solemnity and ceremony, and repeat the formulary which, in his or her opinion, is or ought to be observed on such occasions, according to the religion in which such person professeth to believe, he or she shall thereupon be deemed a competent witness, or be as duly qualified to

execute an office, or perform any other act, to the sanction whereof an oath is or shall be required by law, and shall be subject to the same rules, derive the same advantages, or incur the same penalties, or forfeiture as if he or she had sworn—All acts within the purview of this repealed.
(To commence from the passing.) 6. An act to punish certain Theft and Forgery.
If any person shall fraudulently obtain, or aid or assist in obtaining from the Bank of Virginia, or any of its offices of discount and deposit, any bank or post note, or money, by means of any forged or counterfeited check or order whatsoever, knowing the same to be forged or counterfeited, every such person on conviction thereof, shall be imprisoned in the Penitentiary, not less than two nor more than ten years—If any person shall forge or counterfeit, or aid in forging or counterfeiting, or keep or conceal, or aid in keeping or concealing any instrument for the purpose of forging or counterfeiting the seal of the bank of Virginia, every such person, on conviction, shall be imprisoned in the Penitentiary, not less than five, nor more than fifteen years—If any person shall steal or take by robbery from another any bank or post note, every such person, on conviction, shall be imprisoned in the Penitentiary, not less than three nor more than ten years.
(To commence from the passing.) To be continued.
From the Baltimore Federal Gazette.
To the politeness of a gentleman, just arrived from St. Thomas, we are indebted for the latest intelligence from the Republic of Hayti. The papers furnished, contain an account of operations down to the 27th December, inclusive—on which day the new Republican Constitution was adopted.
On the 5th December, 1806, genl. Christophe appeared on the skirts of Port-au-Prince, with an army of about 10,000 men to compel the body of people assembled together, to frame a constitution to appoint him Emperor of Hayti. On his arrival there, he sent in a flag of truce, and desired to have a conference with genl. Pichon, commander at Port-au-Prince, who went out to meet him with what soldiers he had; and instead of a conference, as soon as Pichon came within gun-shot of him, his men were fired on by Christophe; when a short engagement ensued, in which there were some officers and men killed on both sides. Pichon got into Port-au-Prince, and kept Christophe from committing any material depredations on the town: As his army was but few in number, he thought it most advisable to act only on the defensive, and not pursue Christophe, after having driven his troops out of town, at the end of which they had entered it.
Dispatches were immediately sent by Pichon to all parts of the South, where they have dominion, for troops, arms, ammunition and provisions, and on the day following, there was not a mile to be found, or scarce a man that could bear arms in the town of Jacmel—all had repaired to Port-au-Prince, to join Pichon's army, carrying with them provisions and ammunition for the occasion. Several skirmishes took place in the course of eight or ten days—during which time, Christophe's army was within two or three miles of Port-au-Prince, and had several times entered it, but was as often repulsed.
On the 10th of January, news was received at Jacmel, that Christophe had been defeated, and that the greater part of his soldiers revolted and joined the other side, that he had fled for his life; that Pichon's army were in pursuit of him, and no doubt prevailed, but they would overtake him—in which case, death would inevitably be his lot, as they were determined to behead him and establish a federal or republican government.
On the night of the 10th January, Jacmel was illuminated on the occasion.
MARTINSBURG, February 20.
An armistice between Prussia and France has been negotiated; but we have no account of its ratification or rupture, notwithstanding our intelligence from Berlin is of a later date than the time fixed for its ratification.
AARON BURR is said to have invited Genl. Wilkinson into his plan by the dazzling inducements of 50,000 Dollars a year, and his son's succeeding to the throne of Mexico, on the death of Burr. But fortunately for his country! the
mind of General Wilkinson was proof against these temptations.
[Richmond Enquirer.]
From Washington-City, Jan. 31. The circuit court decided to-day that Dr. Bollman and Mr. Swartwout should be committed, without bail, on a charge of treason—chief justice Cranch dissenting.
Mr. Lee spoke till a late hour the last evening in behalf of the prisoners; and he resumed and finished his argument this morning; when Mr. Rodney, the new attorney general, replied against them. It was contended on the part of the U. S. that the deposition of genl. Eaton, the messages of the president to congress, and the affidavits of genl. Wilkinson, taken in connexion, proved that a treason had been meditated and executed against the United States, and that the prisoners at the bar were associates in the business.
For the prisoners it was contended that the messages of the president to congress were not legal testimony in a court of justice to prove a criminal charge, and that if admitted as testimony, the messages did not show that treason had been committed by any person, and that the affidavits of general Wilkinson were not properly attested according to the provisions of the constitution.
Mr. Lee moved that the court pass an order allowing the prisoners the use of pen, ink and paper, which had hitherto been denied them.
The court said that the indulgence was very proper, but they declined making any order, saying that it must be left to the discretion of the marshal.
Mr. Lee moved that the court appoint a time for the trial of the prisoners, in order that the question might be settled whether they had jurisdiction to do, observing that the question might be tried hereafter, when the prisoners should be arraigned. The next session of the court is on the fourth Monday of March.
Chief Justice Cranch suggested that a question might be raised, whether the prisoners should be tried at New-Orleans, where they were first arrested, at S. Carolina, where Bollman was landed for a short time, in Maryland, where both were landed and conveyed across the country, or at this place where the first legal arrest had taken place.
Mr. Rodney said he had not turned his thoughts towards the subject, as he supposed it belonged more properly to Mr. Jones the district attorney, who was then out of court. [Adjourned.]
Bell's Messenger, (London) says, the power of Russia has been much overrated, and that within three month there will be a General Peace, or the French will be at Petersburg.
NEW-YORK, Feb. 11.
The Editor of the Mercantile Advertiser has the pleasure of laying before his readers Paris dates to the 27th of December, London news to the 18th of that month, and intelligence from the Grand Army to the 15th, inclusive.
The head quarters of the French Grand Army on the 15th were at Posen. No action had taken place between them and the Prussians or Russians from the time Bonaparte entered Berlin. The French took possession, without any opposition, of all the fortified places between Berlin and Posen.
The Russians and French had not come into contact. The former had declared war against the Ottoman Porte, and had left the King of Prussia to his fate. Our last accounts represent him to be at Koningsberg, verging rapidly toward the situation to which the French emperor wished to reduce him.
NEW-ORLEANS, January 8.
Yesterday the battalion of Orleans volunteers were paraded in front of the Military Barracks, where general Wilkinson attended, and took the oath of allegiance, which was afterwards administered to the officers and privates. The general addressed the officers at considerable length, and declared the whole battalion to be under military law.
The 1st. 2d. and part of the 4th regiments of militia, were at the same time reviewed by the governor, who also took the like oath, and administered it to the officers of these regiments.
FOR SALE,
A Negro Woman about 25 years of age and her two children, one of them a boy about 6 years old, the other a girl about 3 months. The woman has been accustomed to house and out work, and is a healthy valuable servant.
Apply to the Printer. February 6, 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 Lute strings,  Silk and Cotton Chambroy Muslins,  Ladies patent cork sole 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 Calicos, new patterns, Common 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 Swandowns.  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 Molds, 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.
ALSO, 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 Lancaster County, Pennsylvania. Given under my hand this 11th day of February, 1807. ABRAHAM LONG.
"Attest, Martin Shertz." All which they will sell low, and request all those who wish to get GREAT BARGAINS to call on them at the Market-house square.
JAMES & JOHN LANE. Shepherd's-Town, Feb. 12, 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 punctuality must be obvious to every reflecting 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 Monday 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 & Hampshire, 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 a fit person to represent the District composed of the Counties of Berkeley, &c. &c. in the Senate 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 Monday 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, &c. &c. in the Senate of this State.
NICHOLAS ORRICK, Sheriff. February 20, 1807.
TWENTY DOLLARS REWARD.
RAN away from the subscriber, on Sunday the 15th inst. a Negro Man named GABRIEL, he is 23 years of age, about 5 feet 8 or 9 inches high; dark complexion. Had on when he went away a blue kersey roundabout and overalls, a wool hat about half worn, old white stockings, shoes nearly new, swans-down waistcoat nearly new. The said negro belongs to Mr. Burwell, at the Yellow House, Frederick County. It is supposed he is in the neighbourhood of the Yellow House, or in this neighbourhood, as he was hired last year with Mr. John Lyle. Ten dollars reward will be given for said negro if secured in the jail of either Berkeley, Frederick or Jefferson Counties; or twenty dollars if taken out of the above named counties and secured in any jail, so that the subscriber can have him again.
HUGH V. PATTERSON, Near Martinsburg, Feb. 20, 1807.
UNDER the authority of a Decree of the County Court of Jefferson, rendered in favour of Thomas Kennedy against Michael Delarock, will be sold to the highest bidder for Cash, on the 21st day of February next, in Shepherd's-Town Jefferson County, the two following LOTS of GROUND, situate in said town, viz. Lot No. 179 and Lot No. 180, the property of the said Michael Delarock. The sale to commence at twelve o'clock, on the premises, on the above mentioned day.
Daniel Morgan, Jacob Bedinger, James Bevan, Commissioners. Shepherd's-Town, January 30, 1807.
VALUABLE LAND FOR SALE.
THE subscriber, as the acting executor of the last will and testament of Alexander Lemon, dec. pursuant to the powers vested in him by said will, offers for sale the tract of Land, which was held by said Lemon, situate in the county of Jefferson, about three miles from Shepherd's-Town, supposed to contain about two hundred and forty-six acres. This land is of the first quality and well watered, having a large stream of water running through it, and three springs rising on it; about one hundred and forty acres of said land is cleared, thirty acres of which is good meadow ground; the rest of this land is in wood. The improvements on the place are, a large convenient dwelling house, a good barn, and other out-buildings; also, a tolerably good orchard. It is not thought necessary to be more particular in the description of this land, as it is presumed that any person wishing to purchase would first view the premises. For terms apply to the subscriber, living about three miles from Shepherd's-Town.
DAVID OSBURN, sen. Jefferson County, February 6, 1807.
The subscriber wants to purchase a number of
HORSES.
From three to seven years old, for which he will pay the Cash, if offered reasonable.
WM. MACKAY, jun. Martinsburg, February 6, 1807.
Alexander Cooper,
HAS just received a Large and General assortment of
Dry Goods and Groceries,
which he offers at very reduced prices for Cash or Country Produce.
He has also just received a quantity of CASTINGS, among which are ten plate STOVES.
Also—in addition to the above, an ELEGANT ASSORTMENT OF SILK CHAMBRAY. Martinsburg, January 16, 1807.
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 CLOVER SEED , which he will sell on 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.
CAME to the plantation of the subscriber near Opequon bridge, some time ago, four stray sheep, viz. three white year two of them marked with a crop out of the under part of the right ear and a hole in the left, the other has crops on both ears and a hole in one—the other a white wether marked the same as the two first.—The owner is requested to prove property pay charges and take them away.
ISAAC VANMETRE. Feb. 13. 1807.
LAST NOTICE.
ALL persons indebted to the estate of Joseph Evans, sep. dec'd., late of Berkeley County, in any manner whatsoever, are for the last time requested to make payment immediately, as no longer indulgence will be given.
Persons having claims against said estate, are also desired to bring them in for settlement, on or before the 30th inst. or they will be excluded from receiving payment, as it is determined to have all the affairs of said estate settled by that time.
ROBERT SNODGRASS, Ex'r. Feb. 13. 1807.
TAKE NOTICE.
WHEREAS my Negro have heretofore been in the practice of selling property from me, and disposing of it to others; this is therefore to inform all those engaged in that illegal trade, that I am determined to prosecute every person who may in future be known to deal in any manner with my slaves, without a written license from me.
THOMAS GRIGGS, sen'r. Feb. 13. 1807.
PUBLIC NOTICE.
WILL be offered for sale at public vendue, on the 27th inst. at the late dwelling house of John Boyd, sep. dec'd., near the head of Tuscarora in Berkeley County, three several Tracts of Land, of which the said John Boyd, sep. dec'd. seized and possessed, in said County, containing by patent, 291 acres; there are three Dwelling Houses, one Barn, a very convenient Distillery, and other convenient Buildings on said Land—a large orchard of valuable Fruit trees, containing of Apples, Quinces, pears, plums, damsons, and some peach trees—about 25 acres of Meadow now in good order, and as much more may easily be made—about one third of the Land is cleared and enclosed.
ALSO, at the same time and place will be offered for sale, a variety of personal property, consisting of Household and Kitchen Furniture, several Pease Beds and Bedding, Farming Implements, Horses, Cows, Sheep and Hogs, Apple Brandy and Cyder. Part of said property belongs to the estate of the said John Boyd, dec'd., and part to the estate of Sarah Boyd, dec'd. The terms will be made known on the day of sale.—The sale will commence about ten o'clock.
ELISHA BOYD, Executor. N. B. Eight or ten barrels of RYE Whisky will be offered for sale at the time and place before mentioned. Feb. 13. 1807. E. BOYD.
Jefferson County, ss. November Court, 1806. Joseph Brown, Complainant, AGAINST Alexander Saunderson and John Young, def'ts. In CHANCERY.
THE defendant, Alexander Saunderson, 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 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 inserted in the Berkeley and Jefferson Intelligencer for two months successively, and posted at the door of the Court House of said County.
A Copy. Teste. GEORGE HITE, c.j.c.
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, early in the centre, and adjoining the plantation on which the late Gen. Darke formerly lived, containing 100 acres, and third of which is well covered with timber. This Farm, for beauty and convenience, excels 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 Meadow with a stream of water running thro' the middle of the same; there are several never failing springs that issue out near the dwelling house; the improvements are two Dwelling Houses, a good Barn, two Stable and Smoke House, an excellent Still-House with plenty of overhead 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 same day, about two o'clock in the afternoon, two half acre LOTS, one situated 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 houses are in a fine situation for any kind of public business; they will be sold together, or separate, as may best suit the purchasers. The other Lot is in a good part of the town, but without improvements. The terms will be one half down, and the remainder in easy annual payments.
JOHN MILLER and } Adms HENRY MILLER, } Feb. 13. 1807.
WILL be sold at public vendue on Thursday the 26th inst. on the plantation of James Strode, deceased, Young Horse, a number of first rate Milk Cows, with sucking Calves, from twenty to thirty young Hogs in very fine order, Sows and Pigs, two Weaving Looms, with complete tackling, a Windmill, a number of Farming Utensils, a pair of long Ladders, together with Household and Kitchen furniture, such as a Case of Drawers, Desk, Tables, Bedsteads, with other articles too numerous to insert. The terms will be made known on the day of sale. The sale to commence at ten o'clock.
FRANCIS SILVER, ZEPHANIAH BEALL, Feb. 13. 1807.
Dissolution of Co-partnership. THE partnership of Bell & Cherry, has this day dissolved by mutual consent; those indebted to said firm are requested to come forward and settle their accounts immediately, and all those having any claims against said firm, are desired to present them immediately for settlement. BELL & CHERRY. Smithfield, Feb. 13. 1807.
THE subscriber offers his sincere thanks to all those who have been pleased to favour him with their custom since his commencement in business, and assures them that he is determined to merit a continuance of their patronage.
He has just received a neat and general assortment of GOODS , Suited to the present and approaching season, which he will positively retail at as low rates as any other person.
AMONG HIS LATE PURCHASES ARE THE FOLLOWING ARTICLES: Elegant Tabby Velvet Vest-Shapes, Gentlemen's Gloves, (lamb's wool) Less Muslin Shawls, Cambric Mullins well assorted, and uncommonly low, Extra Long Silk Gloves, all colours, Leghorns and Chip Bonnets, rimmed, Superfine Brown Coating, &c. &c. &c. He will keep a constant supply of Bell's GROCERIES, &c. &c. Highest prices given for RYE, CORN, OATS, &c. LEVI PRICE. Martinsburg, October 21. 1806.
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 Mullins, uncommonly cheap, 150— American and English Chintzes and Calicoes, 90— 4-4 Irish Linens, low priced, 20— Assorted coloured Flannels, 15— ditto ditto Coatings, 10— Coloured Planes of a superior quality, Bennet Cords handsomely ast. and cheap, ditto for Vest-shapes neatly figured, Tabby Velvets for ditto nice patterns, Constitution Cords, Velvets, Corduroys and Thickets, very cheap, Superfine Broad and Forest Cloths, a Handsome and cheap assortment, Blankets, Duffe and Rose, cheap for the quality, Superfine Bath Coatings, for ladies riding dresses, Kersey Molekin, Fancy stout Sarinets, 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 tinsel Bands & Wreaths, Fancy Buffon 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 Britannas, 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. NABENHOUSCH & Co. Martinsburg, December 5. 1806.
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 watered meadow. On the premises is a good Merchant Mill and Distillery, on a never failing stream of water, and in sight of the Potomac river. This tract can be divided into several different tenements, with a Dwelling House and Barn to each; it is of the first rate limestone quality; and is situate in Berkeley County, Virginia, on Potomac river, 10 miles from Martinsburg, 8 from Williamsport, and 15 from Mercersburg. This land will be sold together, or divided into two tracts, as may best suit the purchaser. A good bargain will be given 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 premises.
GEORGE NEWKIRK. April 12. 1806.
Berkeley, ss. November Court, 1806. Ely Beall, Complainant, AGAINST Joshua Boring, Frederick Stitely, John Branham and Lewis Duckwitz, Def'ts. In CHANCERY.
THE defendant, Joshua Boring, 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 Joshua Boring do appear here on the Monday after the third Tuesday in February next, to answer the bill of the Complainant, and that a copy of this order be forthwith inserted in the Berkeley and Jefferson Intelligencer for two months successively, and published at the door of the Court House of the said County.
A Copy. Teste. DAVID HUNTER, C.B.C.
THE SUBSCRIBER,
At his FLOUR and GROCERY STORE , 2 doors below Davey Davey's tavern, Has on hand and offers for sale on low terms for cash, or to punctual customers on a short credit, 10 Bbls. Sugar of various qualities, 30 Bbls. do. do. 2000 lbs. best Guadalupe green Coffee, 5000 ——— St. Domingo do. 20 Bbls. nice gross Herrings lately inspected. 20 Bbls. N. E. Rum, 1500 lbs. first choice R. Island Cheese, Young Hyson, Hyson-skin and Imperial TEAS. Chocolate, Loaf Sugar and Molasses, SEGARS , first chop, Nests of Ware, Wrapping Paper, &c. &c. &c. ALSO, 1500 Bushels Salt consisting of Liverpool blown, St. Ubes, Ground Allum, Turks Island and Rock Allum, and a quantity of Sacks of Salt.
A. LINDO. Alexandria, January 13. 1807. N. B. FLOUR received on storage.
Jefferson County, ss. October Court, 1806. William M'Cormick, Complainant, AGAINST William Hiett, Benjamin Bell, William P. Flood, Joseph Bell, jur. John Daniel, and Samuel Daniel, D't's. In CHANCERY.
THE defendant William Hiett, 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, 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 inserted 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.j.c.
BOLTING CLOTHS.
JUST received an extensive assortment of best warranted BOLTING CLOTHS , of every description, which will be sold unusually low, by KENNEDYS & RAGAN. Hagers-town, June 5. 1806. [1y]
Berkeley, ss. JANUARY COURT, 1807. Ordered that an Election be held for the purpose of electing Overseers of the Poor for the upper District, at James Spear's Tavern, on Saturday the 28th of February next, and that Samuel Boyd and William Wilson, or any one of them, do superintend the same, and report.
That an Election be held for the middle District, at the Court-House in Martinsburg, on the same day, and that Ephraim Gaither and William Macky, or either of them, do superintend the same, and report.
That an Election for the lower District, be held at Hedges's Chaple, on the same day, and that John Lueger and George Porterfield, or either of them, do superintend the same, and report.
And further ordered, that the sheriff do make publication thereof according to law.
A Copy. Teste. DAVID HUNTER, C.B.C.
CASH given for clean Linen & Cotton RAGS , At the Office of the INTELLIGENCER.
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.